Questions and Replies
17 July 2023 - NW2208
Whitfield, Mr AG to ask the Minister of Justice and Correctional Services
Whether the exemption in terms of Section 46(3) of the Regulation of Interception of Communications and Communication-Related Act, (RICA) Act 70 of 2002, that was published in the Government Gazette on 19 May 2023 is only valid from 19 May 2023 in accordance with section 46(3)(ii); if not, from what date is the exemption valid; if so; (2) Whether any person found to be using listed equipment, or directs any person to use listed equipment, in terms of RICA, without an exemption, is therefore guilty of a criminal offence; if not, what is the position in this regard; if so; (3) Whether he will instruct the National Prosecuting Authority to investigate all incidents where surveillance equipment, known as grabbers, were purchased by the SA Police Service (SAPS); if not, why not; if so, what are the relevant details in this regard; (4) Whether he will start the process of having the specified listed equipment confiscated from SAPS and destroyed due to their unlawful nature; if not, why not; if so, what are the relevant details in this regard?
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.
17 July 2023 - NW1980
Tito, Ms LF to ask the Minister of Transport
In light of the social housing development project on land of the Passenger Rail Agency of South Africa, that is expected to benefit individuals who earn between R3 500 and R22 500 a month, which measures have been put in place to ensure that (a) only rightful beneficiaries will benefit and (b) no corruption will occur on the specified project?
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].
17 July 2023 - NW2079
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
In light of the fact that the Government has eventually terminated its contract with the Mangaung Correctional Centre and the private security company, G4S, whereupon he committed that his department was working on a plan to take over the facility in two months’ time after the completion of the vetting of staff within the same period, what are the details of the measures that he has put in place to guarantee the effectiveness of the two months’ vetting and training of staff to ensure that escapes such as the one executed by the notorious murderer and rapist, Mr Thabo Bester, will not happen in future?
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
17 July 2023 - NW1963
Herron, Mr BN to ask the Minister of Water and Sanitation
(1)Whether, considering that in 2022 the residents lodged complaints to his department following the contamination of the Rooiwal Waste Water Treatment Works, and noting the investigations conducted by the SA Human Rights Commission that also found that the water posed serious health risks and that the residents’ constitutional right to have access to clean water was not met by the City of Tshwane Metropolitan Municipality, his department has been informed of the specified issues; if not, does his department not have an oversight team looking into complaints received from residents and/or organisations; if so, what remedial actions have been taken to remedy the specified situation; (2) What total number of times since its establishment has the specified Rooiwal plant undergone major upgrades to increase its capacity to handle the pressures of demand from the area it services; (3) What type of maintenance has taken place at the Rooiwal plant in the past year? NW2214E
Reply:
1. The Department has issued Notices and Directives to the City of Tshwane (CoT) Metropolitan Municipality and the Department is currently engaging CoT to reach an agreement that will be approved by the Courts. This is yet to be finalised.
2. The Rooiwal Wastewater Treatment Works (WWTW) consists of three (3) works: Rooiwal North, Rooiwal West, and Rooiwal East. The biofilter effluent of Rooiwal West must be further treated by the activated sludge system of the Rooiwal North Works. Rooiwal East is biofilters with a separate effluent stream.
A project to upgrade the WWTW was started in 2008 and completed in 2012, with the following deliverables:
- Replacement of centrifugal blowers on the Rooiwal Northern Works.
- The replacement of return activated sludge (RAS) pumps at Rooiwal Northern Works.
- The structural refurbishment of 3 anaerobic digesters at Rooiwal Western Works.
- New mechanical and electrical equipment for anaerobic digesters at Rooiwal Western Works and EW.
- Extension of the sludge drying pans.
- SCADA for blowers and RAS pumps
3. Maintenance is being performed on all the infrastructure. Details of the dates and status of planned maintenance are enclosed in Annexure 1 attached.
Despite the above, Rooiwal WWTW is dysfunctional and under-capacitated. In June 2023, the Tshwane City Council voted R450 million for short-term repairs to the Rooiwal Waste Water Treatment Works and DWS, National Treasury, the DBSA and the City are in the process of developing a financing plan for the medium upgrading of the capacity of the Rooiwal Waste Water Treatment Works. This will involve the upgrading of the plant’s treatment capacity by 130 Ml of waste water per day (ML/day), coupled with desilting of sludge at the Leeukraal dam. The desilting of the dam will enable the Temba Water Treatment Works to function better and produce drinking water which meets minimum standards. The current capacity of the plant is 250 ML/day. The capacity will be increased to 380 ML/day. This will be sufficient to treat the current and future projected waste water load in Hammanskraal. The project is due to start in July 2024 and end in June 2026.
ANNEXURE 1
Rooiwal East and West Wastewater Treatment Works
Ref No. |
AREA |
Required Maintenance |
Planned Start Date |
Planned End Date |
Estimated Costs |
Status |
Actual Costs (R) |
|
Rooiwal East WWTP |
||||||||
Inlet Works |
||||||||
1.1 |
Screens |
Service screen No. 1 and 2 |
10-Jan-23 |
28-Feb-23 |
Completed |
804471.80 |
||
1.1.1 |
Screens |
Repair screen no.1 |
Emergency |
repairs |
Completed |
61238.94 |
||
1.1.2 |
Screens |
Repair screen no.2 |
Emergency |
repairs |
Completed |
62555.90 |
||
4 |
Grit Classifier |
Repair Grit Classifier No. 2 |
01-Aug-22 |
30-Sept-22 |
366 000 |
Complete |
295000.00 |
|
5.1 |
Degritter |
Service Grit pump No.1 and 2 |
01-Sept-22 |
30-Sept-22 |
50 000 |
Complete |
171892.88 |
|
6.1 |
Degritter |
Service Grit scrapper No. 1 and 2 |
01-Nov-22 |
30-Nov-22 |
110 000 |
Complete |
59190.51 |
|
6.1.1 |
Degritter |
Remove sand from Degritter no.1 and 2 |
Emergency |
repairs |
Completed |
65000.00 |
||
7 |
Degritter |
Replace Grit scrapper rubbers |
01-Nov-22 |
30-Nov-22 |
Complete |
25000.00 |
||
Primary Settling Tanks |
||||||||
10.1 |
PST |
Remove sand from PST no.1 to 8 |
Emergency |
repairs |
Completed |
1120838.39 |
||
11 |
Raw sludge sump |
Service Fine screens No. 2 |
01-Sept-22 |
30-Jan-23 |
Completed |
475737.93 |
||
12 |
Raw sludge sump |
Service Fine screens No. 1 |
01-Mar-23 |
30-Mar-23 |
Screen removed for repair |
475737.93 |
||
13.1 |
Raw sludge pump station |
Repair Raw sludge pump no.2 |
Emergency |
repairs |
Completed |
15930.40 |
||
Rooiwal West WWTW |
||||||||
Humus Pump Station |
||||||||
1.1.2 |
HPS |
Repair Humus pump and motor |
Emergency |
repairs |
Completed |
134907.84 |
||
Anaerobic Digesters |
||||||||
4 |
Anaerobic digesters |
Service digested sludge pumps non-return valves |
30-Oct-22 |
30-Oct-22 |
Complete |
297402.82 |
Rooiwal North Wastewater Treatment Works
No. |
AREA |
Required Maintenance |
Planned Start Date |
Planned End Date |
Estimated Costs |
Status |
Actual Costs |
|
Inlet Works |
||||||||
1.1 |
Inlet Works |
Service screen No. 1 |
01-Jul-22 |
30-Jul-22 |
Completed |
367227.89 |
||
1.2 |
Inlet Works |
Service screen No. 2 |
01-Aug-22 |
30-Aug-22 |
Completed |
367227.89 |
||
1.2a |
Inlet Works |
Repairs on Screen 2 and 3 |
Emergency |
repairs |
Completed |
158017.82 |
||
3.1 |
Inlet Works |
Service Conveyor belts |
01-Oct-22 |
30-Oct-22 |
Complete |
167816.92 |
||
4.1 |
Inlet Works |
Repair Grit Classifier no.2 motor and gearbox |
Emergency |
repairs |
Complete |
160882.92 |
||
4.2 |
Inlet Works |
Repair grit pump no.2 |
Emergency |
repairs |
Complete |
49909.97 |
||
Inlet Works |
||||||||
4.3 |
Inlet Works |
Repair grit pumps x 4 |
Emergency |
repairs |
Complete |
166336.56 |
||
Primary Settling Tanks |
||||||||
5.1 |
PST |
Remove sand PST 1 |
01-Sept-22 |
30-Sept-22 |
Complete |
252359.20 |
||
5.2 |
PST |
Remove sand PST 2 |
10-Jan-23 |
30-Jan-23 |
Complete |
252359.20 |
||
5.3 |
PST |
Remove sand PST 3 |
01-Apr-23 |
30-April-23 |
Complete |
252359.20 |
||
7 |
PST |
Refurbish PST Panel boxes |
01-Oct-22 |
30-Oct-22 |
Service provider busy |
121537.48 |
||
9.1 |
PST |
Service PST 1 Rotating Bridge |
01-Jul-22 |
30-Jul-22 |
Complete |
28752.24 |
||
9.2 |
PST |
Service PST 2 Rotating Bridge |
01-Aug-22 |
30-Aug-22 |
Complete |
15868.68 |
||
9.3 |
PST |
Service PST 3 Rotating Bridge |
01-Sept-22 |
30-Sept-22 |
Complete |
31115.96 |
||
BNR Reactors |
||||||||
15.1 |
Reactor 1 |
Repair leaks on gas pipes, main gas pipe actuator and gearbox |
Emergency |
repairs |
Leaks closed, service provider still busy |
548701.80 |
||
18 |
Reactor 3 |
Repair Internal Recirculation Pump x 1 |
01-Aug-22 |
30-Aug-22 |
Complete |
29037.47 |
||
20.2a |
Reactor 2 |
Repair Screw pump no.2 gearbox |
Emergency |
repair |
Service provider busy with repairs |
342833.84 |
||
Blowers |
||||||||
24.1 |
Blowers 3 |
Quarterly maintenance |
01-Sept-22 |
30-Sept-22 |
Service provider awaiting spares |
442750.00 |
||
24.1a |
Blowers |
Repairs on Blowers main supply |
Emergency |
Repairs |
Complete |
407662.00 |
||
24.1b |
Blowers |
Repairs on Blower 2 and 5 |
Emergency |
Repairs |
Complete |
115943.36 |
||
24.1c |
Blowers |
Repairs on Blower 5 |
Emergency |
Repairs |
Complete |
68642.30 |
||
24.1d |
Blowers |
Repairs on electric panels of Blower 2,3,4,5 and 8 |
Emergency |
Repairs |
Complete |
147193.46 |
||
24.4 |
Blowers 8 |
Quarterly maintenance |
01-Dec-22 |
30-Dec-22 |
Busy with repairs |
442750.00 |
||
24.6 |
Blowers 4 |
Quarterly maintenance |
01-Feb-23 |
28-Feb-23 |
Service provider awaiting spares |
442750.00 |
||
24.7 |
Blowers 5 |
Quarterly maintenance |
01-Mar-23 |
30-Mar-23 |
Service provider awaiting spares |
442750.00 |
||
24.9 |
Blowers 2 |
Quarterly maintenance |
01-May-23 |
30-May-23 |
Service provider awaiting spares |
442750.00 |
||
26 |
Blowers 1-9 |
Level 3 Electric Motor Preventative Maintenance |
01-Aug-22 |
30-Aug-22 |
1 900 000 |
Included in quarterly maintenance quotations |
||
Clarifiers |
||||||||
29.1 |
Reactor 2 Clarifiers |
Service Clarifier Rotating bridges |
01-Sept-22 |
30-Sept-22 |
Complete |
132000.00 |
||
29.1a |
Reactor 2 Clarifiers |
Repair Clarifier 2.6 Rotating bridge |
Emergency |
Repairs |
Complete |
19702.26 |
||
29.2a |
Reactor 1 Clarifiers |
Repair Clarifier1.4 Rotating bridge |
Emergency |
Repairs |
Complete |
19593.62 |
||
29.2b |
Reactor 1 Clarifiers |
Repair Clarifier 1.5 Rotating bridge |
Emergency |
Repairs |
Complete |
21540.98 |
||
29.3 |
Reactor 3 Clarifiers |
Service Clarifier Rotating bridges |
01-Nov-22 |
30-Nov-22 |
Complete |
148048.78 |
||
29.3a |
Reactor 3 Clarifiers |
Repair Clarifier 3.3 and 3.5 Rotating bridges |
Emergency |
Repairs |
Complete |
22502.26 |
||
29.3b |
Reactor 3 Clarifiers |
Repair Clarifier 3.6 Rotating bridge |
Emergency |
Repairs |
Complete |
23048.95 |
||
29.3c |
Reactor 3 Clarifier |
Repair Clarifier 3.4 Rotating bridge |
Emergency |
Repairs |
Complete |
66000.00 |
||
30.1 |
Reactor 1 Clarifiers |
Service tip valves |
01-Dec-22 |
30-Dec-22 |
35 000 |
Serviced 1.1; 1.2 and 1.3 |
97365.28 |
|
31.1 |
Reactor 1 Clarifiers |
Service bottom valves |
01-Jul-22 |
30-Jul-22 |
Serviced 1.5 bottom valve |
13435.24 |
||
31.2 |
Reactor 2 Clarifiers |
Service bottom valves |
01-Aug-22 |
30-Aug-22 |
Serviced 2.6 bottom valve |
15645.80 |
||
Dissolved Air Floatation Pump Station |
||||||||
32.1a |
DAF Screen |
Electrical repair on Rake screen |
Emergency |
Repairs |
Complete |
55307.38 |
||
33 |
DAF sump pumps |
Service DAF Bypass pumps x 2 |
01-Sept-22 |
30-Sept-22 |
Serviced pump no.2 |
57633.29 |
||
33.1 |
DAF sump pumps |
Repair DAF Bypass pumps no.1 |
Emergency |
Repairs |
Complete |
116107.90 |
||
Aerobic Digester |
||||||||
34.1 |
Aerobic pump station |
Repair Sludge Pumps non-return valves x 2 |
Emergency |
Repairs |
Complete |
138856.88 |
||
34.2 |
West Anaerobic Digesters |
Repair Digested sludge pump |
Emergency |
Repairs |
Complete |
157607.86 |
||
34.3 |
West Humus Pump Station |
Repair Humus sludge pumps |
Emergency |
Repairs |
Complete |
134907.84 |
||
34.4 |
West Farmers Pump Station |
Repair Farmers pump motor |
Emergency |
Repairs |
Complete |
319711.90 |
||
35 |
Aerobic digester |
Service Fine Screens x 2 |
01-Oct-22 |
30-Oct-22 |
Quotation for approval |
726211.80 |
||
Chlorination System |
||||||||
37 |
Chlorine building |
Replace Chlorine pump no1 rotating unit |
01-Jul-22 |
30-Jul-22 |
Complete |
253416.00 |
||
Transformers |
||||||||
42.1 |
Transformers |
Service of transformers |
01-Sept-22 |
30-Sept-22 |
Complete |
493141.80 |
||
Flow Meters |
||||||||
44.1 |
All Works |
Calibrate flow meters |
01-Sept-22 |
30-Sept-22 |
Complete |
46946.40 |
||
Other Equipment |
||||||||
48 |
Bin trailers |
Repair bin trailers x 3 |
01-Sept-22 |
30-Sept-22 |
1 x trailer repaired |
3205.00 |
||
51 |
Grass Slasher |
Repair grass slasher x 2 |
01-Oct-22 |
30-Oct-22 |
16 000 |
Complete |
||
52 |
Computers |
Repair computers x 3 |
01-Jul-22 |
30-Jul-22 |
47 000 |
Call logged with IT |
Rooiwal Belt Filter Press Maintenance
No. |
Area |
Required Maintenance |
Planned Start Date |
Planned End Date |
Estimated Costs |
Status |
Actual Costs |
|
Bottom Belt Presses |
||||||||
53 |
Press no. 5 |
Refurbish Belt press |
01-Sept-22 |
30-Jan-23 |
Spares used to repair others 4 Belt Presses |
860718.65 |
||
54 |
All Presses |
Service |
01-Jul-22 |
30-Jun-23 |
2 200 000 |
|||
54.1 |
All Presses |
Preventative maintenance |
01-Jul-22 |
30-Aug-23 |
Complete |
245477.60 |
||
54.2 |
Press no.2 |
Repair poly pump, actuator valve |
Emergency |
Repairs |
Complete |
368413.93 |
||
Top Belt Presses |
||||||||
61.1 |
Press no. 4 |
Replace top and bottom belts |
Emergency |
Repairs |
Complete |
198172.96 |
||
61.2 |
All Presses |
Preventative maintenance |
01-Sept-22 |
30-Oct-23 |
Complete |
334247.04 |
||
61.3 |
Top Belt Presses |
Repair rear gate to Sludge Hopper |
Emergency |
Repairs |
Complete |
19840.57 |
17 July 2023 - NW2088
Ngcobo, Mr SL to ask the Minister of Employment and Labour
With reference to the road and freight industry being dominated by foreign nations despite his acknowledgement that there is no shortage of skilled truck drivers in the Republic, as a result the inter-ministerial committee, consisting of the Ministries of Employment and Labour, Transport, Home Affairs and the Police, together with relevant stakeholders have come up with an action plan to address the grievances of local truck drivers who have continued to block national roads, what (a) is the time frame and/or number of years of implementation of the 11-stages action plan signed by the Road and Freight InterMinisterial Committee and the road and freight industry stakeholders, (b) total amount of investment has already been made to the plan and (c) are the details of the progress made to date in its implementation?
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.
17 July 2023 - NW2172
De Freitas, Mr MS to ask the Minister of Transport
In each month and in each case in the (a) past three financial years and (b) since 1 January 2023, (i) what number of staff have been suspended at the Passenger Rail Agency of South Africa, (ii) what amount was spent on salaries and/or any other type of remuneration on the specified staff, (iii) what are the reasons for each suspension, (iv) what are the details of each suspension that (aa) has been lifted and (bb) is still in place, (v) who is fulfilling the tasks that were performed by the suspended personnel and (vi) what are the costs associated with each suspension and the working conditions for the persons performing the functions of the suspended staff members in each case?
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. |
|||||
17 July 2023 - NW2283
Weber, Ms AMM to ask the Minister of Justice and Correctional Services
Whether his department has a budget for training regarding child maintenance; if not, why not; if so, (a) will he provide Ms A M M Weber with the curriculum used for training and (b) how often does the training take place; (2) What number of (a) legal practitioners, (b) magistrates and (c) maintenance officers are (i) fully trained and (ii) knowledgeable regarding the Maintenance Act, Act 99 of 1998?
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.
17 July 2023 - NW1662
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
Given the increase in cybercrime experienced in the Republic, what total number of (a) prosecutors, (b) judges and (c) magistrates have training and/ or qualifications in (i) cybercrime and security and/ or (ii) cryptocurrency crime and security; (2) Whether there are any plans to implement further training on (a) cybercrime and (b) cryptocurrency security; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
I wish to inform the Hon Member that I have been informed that:
(1)(a) 744 prosecutors have received training in (i) cybercrime and security; and (ii) cryptocurrency crime and security, during the 2021/2022 to 2022/2023 financial years.
(b) Numbers of (b) judges and (c) magistrates, trained, has been referred to the South African Judicial Education Institute at the Office of the Chief Justice, which is mandated to provide training to the High and Lower Court Judiciary. The response is as follows:
(i) Cybercrime and Security
2015/16
Topic |
Target audience |
# |
Cybercrime and Electronic Evidence(ToT) |
Judges |
12 |
Cybercrime and Electronic Evidence (ToT) |
Judges |
10 |
Cybercrime and Electronic Evidence (ToT) |
Judges |
8 |
Cybercrime and Electronic Evidence |
Judges |
17 |
Cybercrime and Electronic Evidence (ToT) |
District Court Magistrates (DCM) |
16 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
13 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
22 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
21 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
72 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
15 |
Cybercrime and Electronic Evidence (ToT) |
Regional Court Magistrates (RCM) |
15 |
Cybercrime and Electronic Evidence |
Regional Court Magistrates |
85 |
Cybercrime and Electronic Evidence |
Regional Court Magistrates |
29 |
Note: ToT stands for Train the Trainer course on Cybercrime and Electronic Evidence facilitation skills.
Totals:
Judges: 47
RCM: 129
DCM: 149
2016/17
Topic |
Target audience |
# |
Cybercrime and Electronic Evidence |
Judges |
19 |
Cybercrime and Electronic Evidence |
Judges |
21 |
Cybercrime and Electronic Evidence |
Regional Magistrates |
57 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
14 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
10 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
77 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
15 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
12 |
Totals:
Judges: 40
RCM: 57
DCM: 128
2017/18
Topic |
Target audience |
# |
Technology used in Cybercrime |
Regional Court Magistrates |
154 |
Cybercrime and Electronic Evidence |
District Court Magistrates |
18 |
Totals:
RCM: 154
DCM: 18
2019/20
Topic |
Target audience |
# |
Cybersecurity, cyber specific offences and Budapest Convention |
District Court Magistrates |
17 |
2020/21
Topic |
Target audience |
# |
Cybercrime and Electronic Evidence |
Regional Court Magistrates |
52 |
2021/22
Topic |
Target audience |
# |
Cybercrime and Electronic Evidence |
Regional Court Magistrates |
49 |
2022/23
Topic |
Target audience |
# |
Cybercrime and Electronic Evidence |
District Court Magistrates |
17 |
Cybercrime Amendment Act 12/2021 |
District Court Magistrates |
14 |
Totals:
DCM: 31
(ii) Number of Judges and Magistrates trained on cryptocurrency crime and security
2018/19
Topic |
Target audience |
# |
ICT, Cryptocurrency and Organised Crime |
Judges |
84 |
Totals:
Judges: 84
2. (a)(b) Yes. In fact, I regard training and capacitation on the management and prosecution of cybercrime and cryptocurrency cybercrime as so important, that I have signed a Cooperation Protocol with the Minister for Europe and Foreign Affairs of the French Republic, to promote such training and capacitation, during June 2023.
(i) Furthermore, 334 Prosecutors have applied to be trained on Cybercrimes at Justice College, during the 2023/ 2024 financial year. Such training will take place during seven (7) planned training sessions.
(ii) In addition, the Cyber Response Committee has planned for training for 60 prosecutors. The training will cover the following:
- Basic Cybercrime Investigation;
- Financial Investigation triage and techniques;
- Overview of digital evidence for prosecutors; and
- Mobile device evidence for prosecutors.
(iii) I have great pleasure in announcing that three (3) NPA officials who have undergone intensive training through the FBI’s Law Enforcement Academy in the areas of the Dark Web and crypto investigations, are now also responsible for rolling out training to NPA and SAPS officials. The first such training is scheduled for 17 July 2023.
(iv) Lastly, I have been informed that the NPA’s Specialised Commercial Crimes Unit (SCCU), has recently established its own Training Desk to ensure that specialist training needs are sourced, which includes training at an advanced level in Cyber-crime and crypto currencies. This includes collaboration with the following counterparts and organizations:
- The UNODC;
- The Office of the US Legal: FBI;
- SABRIC; and
- FIC.
Plans will also be developed when there is additional budget for refresher training of Judicial trainers by experts.
I therefore wish to assure the Honorable Member that my Ministry and the JCPS Cluster are taking cybercrimes seriously and are addressing these crimes as a priority.
17 July 2023 - NW2290
Horn, Mr W to ask the Minister of Justice and Correctional Services
In light of the confirmation by the President of the Republic, Mr M C Ramaphosa, during the debate on Vote 1: The Presidency, in the National Assembly on 31 May 2023, that the evaluation of the Protected Disclosures Act, Act 26 of 2000, has been finalised, what steps will be taken to improve the protection of whistleblowers
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.
- 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.
- 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.
- 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.
- Enhancing the powers of the South African Human Rights Commission to deal with protected disclosures.
- Creation of a mechanism for the provision of legal assistance to whistleblowers.
- 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.
- 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.
- A provision that will make any clause in any agreement or contract that aims to contract out of the Protected Disclosures Act, unlawful.
- To create an offence if a person or body does act upon a protected disclosure, after a disclosure has been made to it.
- State protection to whistleblowers and their immediate families who has reasonable cause to believe that his or her life or property is endangered.
- Inclusion of “whistleblower” in the definition of witness in terms of the Witness Protection Act.
17 July 2023 - NW1621
Mkhonto, Ms C N to ask the Minister of Transport
Whether there are any existing working relations between Truckers Association South Africa and her department; if not, why not; if so, what agreements and/or Memoranda of Understanding exist between the two to manage their working relations, specifically in small towns along the national roads where they seem to be at loggerheads?
Reply:
Yes, the then Minister of Transport, Mr Fikile Mbalula, established a Road Freight and Logistics Task Team (Task Team) to serve as a conduit to the Inter-Ministerial Committee (IMC) and it comprises all stakeholders within the road freight industry, the Departments of Transport, DHA, DEL, SAPS and DIRCO. Trucking Association of South Africa (TASA) is also a member.
At a meeting held on 22 June 2022 with some of the Ministers constituting the IMC wherein a media briefing was held where three documents were signed and they are
(i) The terms of Reference;
(ii) An implementation Plan; and
(iii) A pact.
were signed by the RFL stakeholders and some of the Departments in attendance.
The Task Team was formally established with a maximum of 2 representatives from each organisation,
The Task Team is hosted by the Department and its meets on a monthly basis wherein progress is monitored and evaluated on the activities of the outlined in the Implementation Plan.
17 July 2023 - NW1838
Seitlholo, Mr IS to ask the Minister of Public Works and Infrastructure
Whether, with reference to the former minister’s reply to question 368 on 25 February 2022, regarding the application to rent Portion 1008 of the Farm Hartbeespoort 418JQ, the projected timeline advert of March 2022 was achieved; if not, why not; if so, what are the relevant details?
Reply:
The Minister of Public Works and Infrastructure:
The projected timeline on advertisement of unutilised properties was not achieved as the Department is finalising the list of properties to be advertised. The revised date on advertisement of unutilised properties is projected to be on July 2023.
17 July 2023 - NW2223
Macpherson, Mr DW to ask the President of the Republic
(1) With reference to his speech during Africa Day celebrations on 25 May 2023, wherein he stated that some countries, including the Republic, are being threatened with penalties for pursuing an independent foreign policy for adopting a position of non-alignment, (a) which countries have threatened the Republic with penalties, (b) on what date did the threat take place, (c) how and (d) what is the nature of the specified penalties; (2) (a) which other African countries were also threatened with penalties, (b) on what date and (c) how; (3) whether he has made the threats that were made by other countries known to Cabinet; if not, why not; if so, on what date?
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.
17 July 2023 - NW1565
Hicklin, Ms MB to ask the Minister of Public Works and Infrastructure
(1)With reference to the reply to question 1606 on 16 July 2021 regarding the introduction of recycling in the parliamentary villages in Cape Town, wherein his predecessor undertook that all future facilities management contracts will include recycling and a contract was signed in 2022 with TEFLA to maintain the parliamentary villages and there is no evidence of any recycling initiatives being introduced in Acacia Park or any other parliamentary villages, what is the value of the facilities management contract signed with TEFLA; (2) whether provision has been made for recycling to be included in the specified contract; if not, and despite a commitment being made by his predecessor and/or her department that such a clause would form part of all facilities management contracts in the parliamentary villages, what measures are going to be introduced to ensure that recycling can be part of the waste collection services in the parliamentary villages with immediate effect; if so, why has it not been implemented?
Reply:
The Minister of Public Works and Infrastructure
(1) The recycling was included in the scope of work of Tefla under Waste Management Duties (WMD), however due to an existing contract having the same scope the services were excluded for three until the existing contract expire. The value of the Facilities Management contract signed with Tefla Group is R510 565 626,33.
(2) Recycling was included as part of the Facilities Management Contract (FMC) under Waste Management Duties (WMD). However, these services were excluded from the scope of TEFLA for the first three years of the contract with the intention to deal with them separately through an existing contract. The existing contract for waste management will expire in year three of the five year FM contract, at which point TEFLA will take over the services and implement them as per the service level agreement.
17 July 2023 - NW1590
Nolutshungu, Ms N to ask the Minister of Transport
(1)Whether she has met with the Cross-Border Road Transport Agency management to understand the challenges facing the entity and to find out if there are any serious allegations of irregular appointments and termination of employment contracts; if not, why not; if so, what are the relevant details; (2) whether she has been informed that the entity recently lost labour arbitrations cases involving senior managers because the Chief Executive Officer failed to take due diligence and perform his function in line with fiduciary duty expected to safeguard public finances; if not, what is the position in this regard; if so, how will she hold the accounting officer of the Cross-Border Road Transport Agency accountable for all the financial losses as a result of the arbitration process?
Reply:
1. Attending to challenges relating to the operations of any entity falls within the ambit of the fiduciary duties of the Board. The Board then accounts to the Minister n line with the Shareholder compact, quarterly reports on performance amongst other. The Minister can therefore not meet with management of the C-BRTA on operational challenges, this is the duty of the Board. However, if there are such challenges, the Board has an obligation to investigate these and report to the Minister. Such a report will also be disclosed in the Annual Report of the entity that will be tabled in Parliament.
2. I have been advised that the C-BRTA has lost one labour arbitration case recently, and the Agency is studying the judgement in order to make a determination on the course of action. Performance and other career incidents of the Chief Executive Officer are the responsibility of the Board.
17 July 2023 - NW2144
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
Whether, given that he allocated R820 million towards infrastructure development of which R200 million was set aside to be used for the maintenance and/or upkeep of existing courts, and noting that in 2023, courts such as the Thohoyandou High Court in Limpopo still have a backlog of cases dating back to 2011 due to shortages of necessary equipment such as recorders, which often forces the court to resort to using nearby court buildings and in the process delays justice, he has found that his department has been successful in its own promise of rolling out the Court Recording Technology system and modernising the justice system; if not, what is the position in this regard; if so, what are the relevant details?
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.
17 July 2023 - NW2017
Horn, Mr W to ask the President of the Republic
Whether he intends to review and adjust the judicial post establishment of the Labour Court, given the substantial increase in the workload of the court?
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.
17 July 2023 - NW1942
Mthenjane, Mr DF to ask the Minister in The Presidency for Electricity
What are his comprehensive plans to resolve the ongoing electricity crisis in the Republic?
Reply:
The Energy Action Plan (EAP), announced in July 2022 remains government’s overarching strategy to tackle the energy crisis and to attain energy security.
Our set of interventions are buttressed on the following pillars.
- Fix Eskom and improve the availability of existing supply.
- Enable and accelerate private investment in generation capacity.
- Accelerate procurement of new capacity from renewables, gas and battery storage;
- Unleash businesses and households to invest in rooftop solar and other demand side management progammes.
- Fundamentally transform the electricity sector to achieve long-term energy security
These interventions are geared to ensure the Country is safely navigated out of the immediate crisis of load shedding and our energy demand and supply is harmonized. The roll out of an aggressive national demand side management campaign will further help stabilize demand with the immediate generation capacity constraints, and in the medium-term additional emergency energy will be introduced through the uptake of surplus energy within the South African energy pool.
The Ministry continues to work with Energy Intensive Users, the renewable energy sector Eskom, and other stakeholders across the energy value chain to ensure that beyond the immediate crisis, in the medium to long term, energy security is restored by increasing production in line with the energy-mix profile set out in the Integrated Resource Plan, and the strengthening and expansion of the national transmission infrastructure as codified in the Transmission Development Plan.
17 July 2023 - NW2247
Mohlala, Ms MR to ask the Minister of Water and Sanitation
What specific measures has he recently undertaken to address the mismanagement of the water supply, neglect of infrastructure, political influence and corruption in water management, in order to effectively tackle the water crisis and safeguard the constitutionally enshrined human right to water?
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.
---00O00---
17 July 2023 - NW1807
Madokwe, Ms P to ask the Minister of Justice and Correctional Services
Given that a documentary from around 2016 exposed human rights abuses and the improper management of a G4S-run youth detention facility in the United Kingdom (UK), whereupon the UK government terminated G4S’s contract with a different G4Srun facility after it was revealed that prisoners had taken control of the facility, and in view of a protest by local prisoners citing the same in South Africa a few years later, what (a) are the reasons that his department did not review its contract with G4S then, as its UK counterparts and (b) consequences did G4S management and officials face for the allegations made by South African prisoners in its facilities?
Reply:
a) The Department has not entered into any contracts with the mentioned service provider, however the mentioned company is a sub-contractor of the Bloemfontein Correctional Contracts (Pty) Ltd (BCC) which operates the Mangaung Correctional Centre (MCC) as a Public Private Partnership (PPP) Correctional Centre under sections 103 – 112 of the Correctional Services Act 111 of 1998, as amended (CSA).
Since the inception of the Concession Contract between Department of Correctional Services (DCS) and the Bloemfontein Correctional Services Contract (BCC), the department has closely monitored the contract in terms of all obligations through a DCS Controller who is permanently employed to oversee all operations in relation thereto as well as note any deviations to the contract for action. G4S’s contractual obligations from UK have no bearing on the agreement between DCS and BCC.
b) All allegations were dealt with in terms of the concession contract, in the event that BCC and its sub-contractors have failed to comply with any contractual obligations relevant penalties have been instituted.
END
17 July 2023 - NW2278
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
(1) With reference to his indication on 20 April 2023 that Interpol’s Red Notices attached to Mr Rajesh Gupta and Mr Atul Gupta, which would pave the way for the brothers’ arrest to face fraud and money laundering charges in the Republic, were still active, what is the current status of the Government’s botched supplication to extradite the brothers from the United Arab Emirates; (2) (2) whether the Government has been informed of the brothers’ current whereabouts; if not, what is the position in this regard; if so, by what date is it envisaged that the brothers will be rearrested?
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.
17 July 2023 - NW2270
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
Given that his department heavily invests in international conferences such as the Organisation for Economic Co-operation and Development’s Global Anti-Corruption and Integrity Forum, and noting that many persons do not trust that the specified forum has been fruitful for the average citizen on the ground, what total number of (a) conferences of this nature has the management of his department attended since 30 May 2019 and (b) implemented policies have come out of such conferences?
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.
17 July 2023 - NW1585
Mkhonto, Ms C N to ask the Minister of Transport
What total number of designated parking spots for truck and/or heavy duty vehicles are there in the Republic in each (a) province, (b) district and (c) town?
Reply:
There are no official designated parking spots for truck and/or heavy duty vehicles provided by SANRAL and the Provincial or Municipal Road Authorities. These are generally are located away from the Road Reserve at private trucks stops/service stations. As part of implementation of the Road Freight Strategy, research will be commissioned to identify the needs of road freight for parking and handling space on corridors and in urban areas.
However, truck stop are located in all the National Freight Corridors as well as the parallel provincial corridors in accordance to the traffic volumes on the corridors.
Corridor |
Corridor Name |
N1 South |
Gauteng – Cape Town |
N1 North |
Gauteng – Beit bridge |
N2 South |
Cape Town - Durban |
N2 Central |
East London – Durban |
N3 |
Gauteng - Durban |
N4 West |
Gauteng - Skilpadshek |
N4 East |
Gauteng - Lebombo |
N5 |
Harrismith - Winburg |
N6 |
East London – Bloemfontein |
N7 |
Cape Town – Viooldrift |
N8 |
Bloemfontein - Maseru |
N9 |
George - Colesburg |
N10 |
Britstown - Nakop |
N11 |
Ladysmith – Groblersbrug |
N12 |
Gauteng – Beaufort West |
N14 |
Gauteng Springbok |
N17 |
Gauteng - Oshoek |
17 July 2023 - NW1649
Seitlholo, Mr IS to ask the Minister of Public Works and Infrastructure
Whether his department built a satellite police station in the village of Magogong, Greater Taung, in the North West; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Minister of Public Works and Infrastructure
According to our records, the Department of Public Works and Infrastructure (DPWI) has not built a satellite police station in the village of Magogong. Upon engagement with the South African Police Services (SAPS), they confirmed that they once had a service point in the area long time ago, and that it has been closed down.
17 July 2023 - NW1694
De Villiers, Mr JN to ask the Minister of Finance
Whether he will furnish Mr J N de Villiers with a comprehensive breakdown of the procurement allocation of (a) the National Treasury and (b) every entity reporting to him in terms of the percentages allocated to (i) small-, medium- and micro-enterprises, (ii) cooperatives, (iii) township enterprises and (iv) rural enterprises with a view to evaluating the effectiveness of the set-aside policy of the Government in fostering an inclusive and diverse economic landscape (details furnished) in the (aa) 2021-22 financial year and (bb) since 1 April 2023?
Reply:
(aa) Procurement by National Treasury is largely for equipment, consultants or advisory services and it is not possible to accurately allocate amounts in the categories requested, as such classifications are not recorded on the BAS system. Our best estimate is that R98 460 381.90 has been allocated to SMME in the 2021/22 Financial Year.
(bb) For 2023/24, the information will be made available in 2024 after the end of the financial year.
17 July 2023 - NW2229
Msane, Ms TP to ask the Minister of Justice and Correctional Services
What total number of (a) courts do not have full-time interpreters and (b) cases get postponed due to the lack of availability of interpreters in the courts of the Republic in each of the past three years?
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 |
17 July 2023 - NW1814
Groenewald, Dr PJ to ask the Minister of Justice and Correctional Services
Whether, in a further follow-up to his reply to question 1789 on 21 October 2021, any progress has been made with the disciplinary hearing against the suspended KwaZulu-Natal Regional Court President, Mr Eric Nzimande, which began in 2018; if not, why not; if so, what was the finding; (2) Whether he will make a statement on the matter?
Reply:
(1) As stated in my previous reply, the Magistrates Commission has encountered a number of challenges in finalizing the appointment of a Presiding Officer (PO) and Persons Leading the Evidence (PLEs). However, it was stated in our last reply that the issue of the evidence leaders (PLEs) has been resolved. The Magistrates Commission has since resolved that as Mr Nzimande is a Regional Court President, that a retired Judge should be appointed as Presiding Officer due to the rank and seniority of the magistrate involved. A retired Judge has been identified and he has indicated his willingness to preside over the disciplinary hearing.
(2) No. As the Magistrates Commission is an independent statutory body, any requests for statements on Mr Nzimande’s matter should be referred to the Secretary of the Magistrates Commission.
17 July 2023 - NW2161
Breedt, Ms T to ask the Minister of Public Works and Infrastructure
(1)Whether the Matjhabeng Local Municipality in the Lejweleputswa district of the Free State has submitted a business plan to Infrastructure South Africa to address the (a) current water crisis and (b) replacement of all old asbestos pipes; if not, why not, in each case; if so, what are the relevant details in each case; (2) whether any commitments have been made to the specified municipality; if not, what is the position in this regard; if so, (a) what are the relevant details and (b) by what date will such commitments be implemented?
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.
17 July 2023 - NW2297
Nqola, Mr X to ask the Minister of Justice and Correctional Services
What measures has his department put in place to raise awareness in the public about the important Thuthuzela care centres, which in many areas, especially rural areas and townships, are not known?
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.
17 July 2023 - NW1830
Phillips, Ms C to ask the Minister of Public Works and Infrastructure
(1)Whether, with reference to the former minister’s reply to question 68 on 24 February 2023, wherein she confirmed that the department had informed her that the security companies engaged at Knoflokskraal had fulfilled their brief (details furnished), he will furnish Mrs C Phillips with the relevant details regarding the total number of (a) completed structures on the relevant properties when a certain security company (name furnished) took over on 29 July 2022, (b) half-completed structures demolished and/or removed by the specified company when they took over on the specified date and (c) completed structures on the relevant properties when the contract of the company expired on 29 August 2022; if not, why not; if so, what are the relevant details; (2) whether he will furnish Mrs C Phillips with the relevant details regarding the total number of (a) completed structures on the relevant properties when a different security company took over on 29 August 2022, (b) half-completed structures demolished and/or removed by the specified company when they took over on the specified date and (c) completed structures on the relevant properties when the contract of the company expired on 29 September 2022; if not, why not; if so, what are the relevant details?
Reply:
The Minister of Public Works and Infrastructure:
(1)
(a) The number of completed structures were not recorded on 29 July 2022. However, they were recorded during a count carried out by the Sheriff of the Court in August 2022 as 4880.
(b) No further demolitions were carried since February 2022.
(c) The number of structures were not recorded at the end of the security company’s contract. However, they were recorded in August 2022 as 4880.
(2)
(a) The number of completed structures were not recorded when the security took over.
(b) There were no further demolition of structures since February 2022.
(c) The number of completed structures were not recorded on 29 September 2022. However, they were recorded during a count carried out by the Sheriff of the Court in August 2022 as 4880.
17 July 2023 - NW2190
Myburgh, Mr NG to ask the Minister of Finance
What steps has the National Treasury taken to encourage high net worth individuals from foreign countries to live, work and invest in the Republic thereby stimulating economic growth and job creation?
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.
17 July 2023 - NW2041
Graham-Maré, Ms SJ to ask the Minister of Public Works and Infrastructure
(1)(a) Who approved the provision of a security detail for the Acting Chief Executive Officer of the Independent Development Trust and (b) what are the details of the form that the procurement of the security services took; (2) whether a risk assessment was done prior to the decision being taken; if not, on what basis was the decision taken; if so, what are the details of the outcome of the assessment; (3) whether the need for the security detail will be regularly assessed; if not, why not; if so, (a) on what date was the last assessment conducted, (b) what was the determination and (c) on what date will the next assessment be carried out; (4) what is the (a) duration of the contract and (b) total expenditure on the security detail to date?
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
17 July 2023 - NW2082
Buthelezi, Ms SA to ask the Minister of Human Settlements
Considering that the department allocated R111 million for the development of informal settlements in Cape Town alone for the relocation of residents living along the city’s central line tracks, and in view of the Housing Development Agency (HDA) pointing fingers at the City of Cape Town for delaying the relocation of vulnerable and impoverished persons who find themselves having to dwell in the makeshift unsafe and unsanitary shelters, whilst the City of Cape Town claims it is awaiting direction from the HDA and that funds were distributed late, what is her department doing to ensure that the (a) R111 million it allocated is indeed used for the development of informal settlements (b) City of Cape Town is held responsible for its slow pace and apparent disinterest in attending to the matter at the expense of the poor and (c) matter is resolved timeously as winter is approaching while the vulnerable and poor persons find themselves..homeless?
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.
- 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.
- 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.
- 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.
17 July 2023 - NW1602
Zungula, Mr V to ask the Minister of Finance
What are the reasons that the National Treasury did not take any steps to prevent the Republic from being greylisted, considering that the Cabinet has known for several years due to illicit financial flows (IFFs), reports of spaza shop owners and the sanctioning of certain Durban businessmen (names furnished) that should have been an even bigger eye-opener; (2) Why must it take international bodies to punish the Republic before the National Treasury heed the calls of the opposition political parties, which it has ignored, to investigate and prioritise IFFs; (3) What (a) policy measures will the National Treasury take to ensure that grey-listing is prevented in future and that the Republic makes its way off the grey list as soon as possible (details furnished) and (b) framework has the National Treasury put in place that will ensure that the prevention of IFFs is both a (i) public and (ii) private sector duty that is highly punishable when transgressed; (4) What (a) time frames does the National Treasury have to resolve the grey-listing issue and (b) accountability measures are in place to ensure that the specified time frames are adhered to; (5) How does the National Treasury work together with the State Security, the SA Police Service and the Department of Justice to not only protect whistleblowers whose lives are constantly endangered in the Republic and yet they are integral to preventing IFFs, but also bring down persons who are suspected and accused of IFFs?
Reply:
1. Government has provided the reasons for South Africa being greylisted through public statements by National Treasury at the time (e.g. statement issued by National Treasury dated 24 February 2023[1], and related frequency asked questions), and responses to the many parliamentary questions, for eg Nos PQ943, PQ3967, PQ2641, PQ2642, and also a question for oral response for the Deputy President (CO254E).
The Financial Action Task Force (FATF) greylisted South Africa despite acknowledging the “significant and positive progress” made by the country in addressing many of the deficiencies identified in the 2021 Mutual Evaluation Report on South Africa. This included the enactment of two major pieces of legislation, namely the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (“General Laws Amendment Act”) and the Protection of Constitutional Democracy Against Terrorism and Related Activities Amendment Act, 2022 (“POCDATARA Amendment Act”). The two pieces of legislation amended six Acts of Parliament, to deal with technical deficiencies in the legislative framework of the country’s Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) system. FATF concluded that the country needed to make further effectiveness (in implementation) improvements, through sustained progress in addressing eight (8) areas of strategic deficiencies related to the effective implementation of South Africa’s Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) laws.
2. Dealing or not dealing with illicit financial flows is not the reason for South Africa been greylisted, but is based on the extent of compliance by a country with the 40 FATF Recommendations and 11 effectiveness outcome measures, as assessed through a Mutual Evaluation conducted or overseen by FATF or associated regional bodies. It is important to note that the fight against money laundering and terror financing is generally broader than the fight against IFFs.
Also, contrary to the assumptioin made by the Honourable Member, Government has not ignored the call by opposition parties to deal with illicit financial flows and taken a number of measures to counter it. Government established an Illicit Financial Flows Working Group, which reports to the Interdepartmental Committee on AML/CFT that is chaired by the Director-General of National Treasury, to analyse illicit financial flows into and out of the country. There is also a working group that comprises of the SARS, NICOC, National Treasury and the DTIC that is currently working on formulating a National Anti-Illicit Economy strategy. This process will include an analysis of the underlying causes for IFFs and make recommendations that will enable IFFs to be traced, tracked and the perpetrators to be arrested.
3. (a) South Africa has committed to an Action Plan to address all remaining deficiencies identified in its anti-money laundering and combating the financing of terrorism. Implementing the Action Plan will assist South Africa to be removed from the FATF greylist, and further, to prevent South Africa from been greylisted in the fugure when the next mutual evaluation is conducted in the next seven to ten years. The General Laws (Anti-Money Laundering and the Combating of the Financing of Terrorism) Amendment Act, together with the POCDATARA Amendment Act (see above) are expected to improve the effectiveness of the country’s AML/CFT system. It is however important to note that as FATF standards or recommendations change, the South African AML/CFT system will also need to be continuously improved to address the evolving money laundering and terror financing risks.
(b) Refer to (2) above.
4. The FATF set, in consultation with South African authorities, a timeframe of January 2025 to address all outstanding deficiencies, for South African to be removed from the greylist. It is our hope that we will be removed sooner, sometime in 2024.
The Interdepartmental Committee on AML/CFT that is chaired by the Director-General of National Treasury monitors progress towards addressing all outstanding deficiencies fully and within the timelines agreed between South African authorities and the FATF. The Interdepartmental Committee on AML/CFT is required to report to Cabinet on a quarterly basis.
5. The Honourable member would be aware that National Treasury does not have the mandate and competence to offer protection to whistle blowers and relies on the law enforcement authorities to do so. National Treasury recognises the need to improve and strengthen our whistleblower system, as it is an essential tool to fight fraud and corruption in the public sector.
17 July 2023 - NW2141
Buthelezi, Ms SA to ask the Minister of Water and Sanitation
Considering that there have been suspicions that water tanker business owners are sabotaging water supplies so they can keep on raking in millions of Rand even in the face of the current cholera outbreak, what steps has his department taken to address and/or get to the bottom of such serious allegations?
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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17 July 2023 - NW2274
Roos, Mr AC to ask the Minister of Home Affairs
What mechanisms has his department implemented to oversee and ensure that funeral parlours and associations are vetted in terms of the Births and Deaths Registration Act, Act 51 of 1992, as amended?
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
17 July 2023 - NW1960
De Freitas, Mr MS to ask the Minister of Home Affairs
With reference to electronic visa applications (a) in the past three financial years and (b) from 1 April 2023 to date, (i) what (aa) total number of applications were rejected in each month and (bb) are the reasons for the rejections in each case, (ii) from which countries were applications rejected in each month and (iii) what is the average time taken between an application received and an application rejected in each month?
Reply:
The Total received in the last 3 Financial years:
- 1 April 2020 to 31 March 2023 = 28 761
- Total received from 1 April 2023 to May 2023 = 6 824
(i)(aa) Total rejected – 16190 in 3 years
(i)(bb) Most common reasons for rejection are:
1. Bank statements
- Invalid
- Not certified
- More than 3 months old
2. Lack of supporting documents
3. No air ticket or expired air ticket
(ii) The top 10 countries for rejection are Nigeria, India, Pakistan, Kenya, Egypt, Philippines, China, Mexico, Uganda, Cameroon and Ethiopia.
(iii) Average turnaround time: 10 working days.
END
17 July 2023 - NW2145
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
Whether, with reference to his maiden Budget Vote on 16 July 2019, wherein he affirmed that fighting corruption and fraud forms part of his department’s core mandate, he has found that his department has won, or at least made positive strides in the war against the levels of brazen corruption and avarice; if not, what is the position in this regard; if so, what are the relevant details?
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.
17 July 2023 - NW2038
Abrahams, Ms ALA to ask the Minister of Social Development
What number of (a) persons and (b) households that receive a social grant have been linked to (i) permanent and/or (ii) temporary economic and employment opportunities through her department since 1 January 2019 in each province?
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.
17 July 2023 - NW2269
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
Given that tens of thousands of persons were fined for infringements of the COVID-19 state of disaster regulations, which are restricting such persons from continuing with many aspects of their lives, by what date(s) will their criminal records be wiped and/or expunged?
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.
17 July 2023 - NW2279
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
(a) By what date is it envisaged that he would table amending legislation in the National Assembly to establish a permanent Investigating Directorate within the National Prosecuting Authority and (b) what are the relevant details of the timelines in this regard?
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.
17 July 2023 - NW1560
Horn, Mr W to ask the Minister of Justice and Correctional Services
What progress has been made to address the serious shortage of office space at the High Court in Kimberley through the possible relocation of the Master of the High Court?
Reply:
The updated progress made to address the serious shortage of office space at the High Court in Kimberley through procurement of alternative office accommodation for Master of High Court is as follows:
-
- The Department of Justice and Constitutional Development received the request for confirmation of funding through an Actual Cost Analysis (ACA) on the 12 June 2023 from the Department of Public Works and Infrastructure (DPWI) with regards to the procurement of an alternative accommodation for Master of High Court Kimberley.
- The approved Actual Cost Analysis was approved and forwarded to DPWI on the 22 June 2023.
- This will enable the DPWI to finalize the procurement of the alternative accommodation with the awarded bidder.
17 July 2023 - NW2238
Montwedi, Mr Mk to ask the Minister of Home Affairs
(1) On what date is it envisaged that his department will finalise the matter of a certain person (name and details furnished) who discovered upon his appointment in 2008 when his identity document was blocked that the specified document was defrauded in 2006; (2) whether an investigation into the matter has been initiated; if not, why not; if so, what (a) are the outcomes since the matter was reported to his department in 2009 and (b)(i) total number of similar matters have been reported to his department in the past three years that have not been resolved to date and (ii) caused the delays?
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
17 July 2023 - NW2132
Siwisa, Ms AM to ask the Minister of Public Works and Infrastructure
Whether, with reference to his recent budget vote speech, wherein he indicated that his department will review the accommodation provisions for Members of Parliament and the Executive, his department is providing any accommodation services to former members of the executive who were members of the apartheid government; if not, what is the position in this regard; if so, what are the relevant details? NW2421E
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:
17 July 2023 - NW1622
Khoza, Mr AV to ask the Minister of Transport
Whether, given the fact that goods transportation in the Republic relies mainly on road freight, particularly trucks, and also bearing in mind that the amount of fatally devastating accidents are caused by trucks on our roads nationally and in KwaZulu-Natal in particular, her department has any specific plan to alleviate the challenges brought about by the ever-increasing number of trucks on our roads; if not, why not; if so, (a) what is the plan and (b) on what date is the plan envisaged to be implemented?
Reply:
The Department is currently implementation , busy with the Rail Policy which is geared at dealing with the provision of rail services across the country. The Policy is founded on the principle of the modal shift of rail-friendly cargo from road to rail and the need to revitalise the railways to supply a range of industrial supply-chain logistics services.
The ultimate objective being to upgrade the existing and future rolling stock to ensure that they are better utilised and more volume of cargo moves from road to rail and the resultant reduction of haulage of bulk commodities by road transport. We have started with stringent law enforcements on hazardous chemical cargo to be completely on rail.
Currently there are law enforcement teams at strategic positions to ensure that truck drivers obey the rules and laws of the roads, These Provincial Law enforcement teams have been augmented by National Traffic Police under RTMC, and is yielding good results. The Department of Public Enterprises and Transnet are responsible for freight rail in SA.
17 July 2023 - NW2272
van der Merwe, Ms LL to ask the Minister of Home Affairs
Considering that cross-border crime, particularly in the uMkhanyakude District Municipality, has left community members living in fear and that since the start of the year there have been countless incidents, including the murders of anti-crime activists, Mr Sandile Mteshe Tembe and Mr Judah Mthethwa, what steps has his department taken to combat cross-border crime in the absence of a fully functioning Border Management Authority?
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
17 July 2023 - NW2200
Graham-Maré, Ms SJ to ask the Minister in The Presidency for Electricity
(1)In terms of his mandate to address the energy crisis in the short and medium term, what steps has he taken to develop the Build Operate Transfer Model to increase energy availability; (2) Whether the projects have been costed in order to leverage international donor funds; if not, why not; if so, what are the relevant details?
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.
17 July 2023 - NW1778
Nolutshungu, Ms N to ask the Minister of Public Works and Infrastructure
(1)Whether, in light of the presented amounts and completion dates set at the beginning of the construction of the Mtentu and Msikaba Eastern Cape Bridges, which are the largest bridge construction projects in the Republic, the completion date is still the same as was announced at the start of the project; if not, why not; if so, what is the total cost of (a) each of the projects and (b) payments of all consultants; (2) whether the relevant details that the contractors engaged on the project are still the same as was presented at the start of the project; if not, why were the original contractors replaced; if so, what are the relevant details
Reply:
The Minister of Public Works and Infrastructure:
The Department of Public Works and Infrastructure has assessed Parliamentary Question 1778 and had since established that the construction of the Mtentu and Msikaba Eastern Cape Bridges, are some of the National Strategic Infrastructure Projects that are managed by the South African National Roads Agency SOC Ltd (SANRAL), which is a Government-owned public company that reports to the Department of Transport (DoT), therefore our colleagues in the Department of Transport will be best suited to response to this question. It will be advisable to re-refer the question accordingly
17 July 2023 - NW2245
Siwisa, Ms AM to ask the Minister of Public Works and Infrastructure
With reference to his announcement during his Budget Vote speech on 23 May 2023, (a) which small-, medium- and micro-enterprises (SMMEs) have been assisted by his department, (b) where are the SMMEs located and (c) what assistance did his department provide to the SMMEs?
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:
-
- 93 Private Companies
- 73 cooperatives
- 11 Non-Profit Organisations (NPO) or Social Entrepreneurs
- 5 Not yet determined (as they are in the process of registration) and 3 being Close Cooperation
- 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:
- Identification of potential enterprises in EPWP sectors and programmes
- Providing business training
- Building capacity of EPWP-created enterprises`
- Providing assistance with business compliance, including business registration
- Linking these enterprises with business development agencies and other opportunities
- 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.
17 July 2023 - NW2050
Myburgh, Mr NG to ask the President of the Republic
Whether, during the visit of the Prime Minister of Singapore, Mr Lee Hsien Loong, he was able to extract the most important lessons that Singapore, a former British colony, learned along the way towards becoming one of the world’s economic success stories; if not, why not; if so, (a) what were the lessons that were learnt, and (b) how does he plan to implement the lessons in the Republic?
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.
17 July 2023 - NW2101
Mohlala, Ms MR to ask the Minister of Water and Sanitation
Whether he is responsible for water provision to marginalised communities in municipalities; if not, what is the position in this regard; if so, what (a) measures has he put in place to prioritise the needs of the marginalised communities such as those in the Zakheni Village in the Thembisile Hani Local Municipality, in Mpumalanga, where residents have been experiencing the water crisis and have been deprived of consistent running water for three years and (b) immediate actions have been taken to ensure access to the fundamental right and work towards a sustainable solution, considering the social and economic challenges faced by the marginalised and oppressed of the society?
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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