Questions and Replies

Reply:

The NCACC has not received any names of applications whose applications in terms of the Regulations of the Foreign Military Assistance Act, No 15 of 1998, were declined by the SA National Defence Force to render support under the flag of a foreign country in a plausible genocide that the Republic does not support or agree with, but who nevertheless continued to render such support in a genocide and/or the names of persons who failed to apply for permission in terms of the Regulation of the Foreign Military Assistance Act, No 15 of 1998.

The NCACC does not have any names of persons who failed to apply (applications) in terms of the Regulations of the Foreign Military Assistance Act, No. 15 of 1998, but is providing such assistance under a foreign flag in a war that the Republic does not support.

The NCACC does not and/or should not receive a name-list from a source when applying under the RFMA since each application is considered on a case by case basis and should meet certain criteria for consideration and possible approval. The South African National Defence Force is constituted in terms of s200 under the Constitution (Act 108 of 1996). This is informed by s198 which are the guiding principles of Security Services in South Africa, while s199 reflects the establishment, structuring and conduct of Security Services. This is the casting of the centrepiece of the RFMA.

The RFMA Act states that it intends: to regulate the rendering of foreign military assistance by South African juristic persons, citizens, persons permanently resident within the Republic and foreign citizens rendering such assistance from within the borders of the Republic.

It is trite that given the intention of this Legislation (supra), areas of conflict wherever they occur in the world would be out of bounds for South Africans (Natural and Juristic) and would not enjoy assent of the Republic to partake in.

Further, it is common cause that should it be a case that a South African is involved in an area of conflict. This would be done without the support of the Government of South Africa.

Furthermore, whenever should such violators of the Act be identified, and such participation can be proven the full course of the law shall be visited upon to penalise them.

I thank you.

Reply:

I have been informed by the Department as follows:

No such sponsorships, donations and financial transfers were received by the Minister, the DCDT or departmental officials.

I thank you.

Reply:

The responsibility for combating the scourge of Gender-Based Violence and Femicide (GBVF) rests with all-of-society if we are to make any meaningful progress toward its eradication. GBVF is a complex phenomenon that happens in families, households and communities thus we need all to be invested in the fight against this pandemic. From each individual, household/family, community to all state actors, there is a need for a concerted no tolerance to GBVF in all its forms. This will ensure the implementation of both proactive and reactive measures to combat the scourge.

In March 2020, Cabinet approved the National Strategic Plan on GBVF and the establishment of both the Inter-Ministerial Committee (IMC) on GBVF and the National Council on GBVF. The implementation of the NSP on GBVF coincided with the COVID-19 pandemic. Since 2020, the department coordinates and monitors the implementation of the NSP on GBVF by governments and key stakeholders monthly.

With this understanding in mind, the department coordinates and monitors the implementation of the National Strategic Plan on Gender-based Violence and Femicide (NSP on GBVF) by government and key stakeholders monthly.

Despite the COVID-19 context, the government continued to address GBVF as a twin pandemic so as to better understand its impact on women. We set up an Inter-Ministerial Committee (IMC) on GBVF in June 2020 consisting of the Ministers of Women, Youth and Persons with Disabilities as the convener; Social Development; Police; Justice and Correctional Services; Public Service and Administration and National Treasury to guide the process of implementation.

There are pockets of positive results through various multi-sectoral collaborative platforms that implement joint interventions and funding mechanisms. We have the END GBVF Collective that has been implementing 100 days challenges; and the faith sector collaborative platform that plays a central role in prevention and rebuilding social cohesion.

In February 2021 we launched the private sector GBVF Response Fund. The fund follows the principles enshrined in the NSP on GBVF of harnessing the roles, responsibilities and resources of all stakeholders.

The relationship between civil society networks and governments have allowed for a strengthened and coordinated implementation. Various development partners and academic institutions have also contributed towards implementation.

The process of localisation is bolstered by the establishment and capacitation of Rapid Response Teams (RRTs) at district and local municipality levels across the country. The department does not have a provincial foot. To strengthen reach, through support from European Union Gender equality and women’s empowerment programme we have appointed GBVF technical monitors and data capturers and placed them in provinces.

The department has driven the National Council on GBVF Bill as a game-changer in the fight against GBVF. Key principles in the Bill include coordination championed by the highest political office, a multi-sectoral structure, institutional independence and autonomy, a ring-fenced budget with a dedicated GBVF fund, a bottom-up approach across all government tiers, and significant collaboration between government and civil society.

For the 2023/2024 Annual Performances Plan, the Department committed to monitor and enforce accountability to the targets of the NSP on GBVF including but not limited to reporting on implementation of the NSP on GBVF by government and key stakeholders through the following interventions:

1) Submission of monthly progress reports that are collated and analysed by the department; and quality assured by the Department of Planning, monitoring and Evaluation (DPME) and the Presidency; used to produce annual reports.

2) The Department presents these progress reports that outlines gaps, challenges and areas of improvement across the 6 NSP on GBVF Pillars to various Directors-General Clusters and the Forum of South African Directors-General (FOSAD) as a standing item. These monthly reports are translated into a quarterly report for the attention of the President.

3) The department utilizes these reports as a tool to monitor, enforce accountability of Accounting Officers and afford them the opportunity to assess progress made by their respective departments in implementing their allocated NSP on GBVF targets and take necessary corrective measures.

4) The 2 NSP on GBVF Annual Reports produced by the department include the score cards that further reflect the level of sector department performance across the 6 Pillars of the NSP on GBVF and recommendations for implementation.

Ultimately our success is about women, children and LGBTQIA+ persons feeling safe and free in their homes, in their communities and in themselves. We have also developed a prevention strategy as prevention is key in curbing murders and all forms of gendered violence. Currently, we are in the process of driving the concept of dealing with GBVF as a pandemic. We had the inaugural workshop with government stakeholders across all tiers in March 2024. In this drive, we want to use our convening power as the department to institutionalise a coordinated national response from national, to provinces, to districts, municipalities and to ward levels.

GBVF continues to be a national crisis, and this may make it difficult to see the pockets of progress. We have been intensifying efforts to harness all to collectively respond, accelerate efforts, and develop partnerships and strategies toward a whole-of-society approach toward eradicating GBVF.

Reply:

I have been informed by the SAPO as follows:

1. The R3.8 billion additional funding requirement has been integrated into the financial projections of the Business Rescue Practitioners (BRPs) in the endorsed business rescue plan, which received approval from the majority of SAPO creditors on December 7, 2023. The funding is essential for implementing the business rescue plan, including settling creditor dividends as outlined, investing in CAPEX to modernize mail operating facilities, branch networks, logistics fleet, and information technology infrastructure. Continuous discussions have been held with the National Treasury and the Minister of Finance to explore solutions that ensure the SA Post Office is adequately capitalized in alignment with the business rescue plan.Strategic partnerships play a crucial role in the Business Rescue Plan.

2. Numerous interested parties have put forward proposals, which will undergo a comprehensive review by an internal investment committee established by the joint BRPs at SAPO. This process will ensure a thorough evaluation of all potential partnership opportunities, to strategically select collaborations that will best support the entity's turnaround strategy.

I thank you

Reply:

The Minister has lodged an appeal against the decision of the court. The Department awaits judgment on the matter.

Meanwhile, the SITA has completed its business model review with the view to aligning the business strategy and operations to client departments and ultimately the needs of the citizens. The Minister has also appointed the Ministerial Task Team (MTT) which is supporting the Agency in dealing with the procurement backlog which has hampered the ability of the client departments from delivering their services effectively. The MTT has already facilitated the capacitation of the organisation and has ensured the improvement of the procurement process efficiencies.

I thank you.

Reply:

The employment of young graduates, particularly medical practitioners is a competence of the Department of Higher Education, Science and Innovation and the Department of Health. A detailed reply to the question may be sourced from these departments as necessary.

Reply:

I have been advised that:

(i) The Department of Small Business Development (DSBD) procured three (3) vehicles since 08 May 2019 for the Minister of Small Business Development. From the three (3) procured, one (1) was procured in 2021 and then transferred to the Department of Communication and Digital Technologies (DCDT) as per agreement between the incoming and outgoing Ministers to DCDT. Two (2) vehicles were procured in 2023 for use in Cape Town and Pretoria.

The following are the details of the three (3) vehicles:

The details of the one (1) vehicle procured in 2021 and transferred to the DCDT:

(a) Make: Audi

(b) Model: Q5 40 TDI

(c) Year of manufacture: 2021

(d) Price: R726 469.25

(e) Purchase date: December 2021

 

The details of the two (2) vehicles procured in 2023:

(a) Make: Audi

(b) Model: Q5 40 TDI

(c) Year of manufacture: 2023

(d) Price: R 790 000.00 x 2= (R 1 580 000.00)

(e) Purchase date: June 2023

(ii) No vehicles were purchased for the Deputy Minister of Small Business Development.

Reply:

The incidence of teenage pregnancy as it affects the dropout of adolescent girls from school is a competence of the Departments of Basic Education, Health, Social Development, and the South African Police Service as applicable. In its 2023 report titled “Learner pregnancy-policy interplay: School dropout of adolescent girls during pregnancy and in the postpartum period in selected South African provinces”, the The Commission for Gender Equality (CGE) recommends that these departments spearhead school-based and community programmes aimed at eliminating the incidence of teenage pregnancy in schools. Consequently, a comprehensive reply may be obtained from these relevant departments.

Nevertheless, the Department of Women, Youth and Persons with Disabilities has coordinated relevant government departments and initiated a process to develop a draft integrated program of action on the prevention and elimination of teenage pregnancy as a part of the implementation of the National Strategic Plan on Gender Based Violence and Femicide (NSP on GBVF). This process is initiated to address the fragmented nature of the current interventions toward an all-of-society preventative approach as we battle to end the scourge of teenage pregnancy.

Reply:

The Minister of Public Works and Infrastructure:

1. (a) The halls in different Parliamentary villages are hired for person purpose of the hiring residence,such as birthday parties etc.

(b) the halls are strictly hired for use of residences of the different Parliamentary villages, and only under exceptional circumstances other users are permitted, and such permission is can be granted by the chairperson of the parliamentary village.

(c) the total income generated from hiring the halls in the last financial year is R1300

2. The halls are for the use of residents, only under exceptional circumstances, and through the permission of the chairperson that hiring to non-residents is considered. To ensure safety of residents, non-residents users must provide a guest list to the respective parks office prior to the date of the event, so that there is a measure of control of who is in the Parliamentary village during the vent. The attendees are checked by police against the list provided, at the front gate on the day of the event.

Reply:

I have been informed by the Department as follows:

1. No. The Department does not involve itself in the operations of companies, in regard to intellectual property issues among a myriad of other matters, be they traded or publicly listed. The company therefore has a fiduciary duty to comply with all financial, legal and regulatory obligations in regard to its contributions to the fiscus.

2. This does not fall within the mandate of the Department of Communications and Digital Technologies but rather the Department of Trade, Industry and Competition.

I thank you.

Reply:

1(a) Thus far, there are eight (8) cases which are on the criminal court roll where suspects are being prosecuted for multiple offences emanating from TRC matters.

(b) In addition, two (2) matters are pending, as indictments are being prepared to charge suspects who are still alive. An additional two (2) matters, post the re-opening of inquests, have been identified where the NPA is considering possible decisions to prosecute.

(b)Establishing whether a suspect is still alive or not, form part of the investigation phase. Suspects are approached during the investigation, to obtain warning statements. This is informed by the evidence collated by an investigator. As such, NPA cannot, at this stage, advise as to which living suspects may be prosecuted.

(c) The purpose of all investigations is to ascertain whether a crime, which has not yet prescribed, was committed. If it has been established that there is enough evidence to charge a suspect, that person/s will be prosecuted. This decision can only be made once investigation is finalised. Those matters that are on the criminal court roll, are cases where it has been established that there are living suspects who must be charged.

2(a) The TRC Component is not in possession of a definitive list of cases that were transferred from the TRC. Fifty-nine (59) matters were identified by the Priority Crimes Litigation Unit (PCLU) by extracting the matters from the TRC Final Report.

2(b) and (c) Identification of additional matters from recommendations made in the TRC Final Report is an ongoing process. Currently the total number of identified cases is one hundred and fifty-eight (158). Twenty-one (21) matters have been finalised. This include the overturning of four re-opened inquests into deaths of detainees and a conviction of murder where the accused was sentenced to ten years direct imprisonment. One hundred and thirty-seven (137) matters are still under investigation. This includes re-opened inquests and inquests where the appointment of a Judge is awaited to preside over the matter and eight (8) matters which are presently on the criminal court roll. As indicated above a complete list of cases was not transferred to the NPA. The NPA is therefore not in a position to answer who received a definitive list of cases.

Reply:

The Minister of Public Works and Infrastructure

The Minister of Public Works and Infrastructure, his department and officials of his department have not received any (a) sponsorships, (b) donations and (c) financial transfers for lawfare and/or any other purposes by any (aa) Qatari, (bb) Iranian and/or (cc) Russian organ of state, organisation and/or resident since 1 January 2021 up to 29 February 2024.

Reply:

1.Three government Departments namely, the Presidency, International Relations and Cooperation and Justice and Constitutional Development had legal representation for the ICJ case argued on 11 and 12 January 2024.

I am only able to respond with regard to the Counsel and costs falling under the Department I am responsible for.

The Department of Justice and Constitutional Development had 1 senior and 2 junior counsel who handled the matter on a pro bono basis,

(2) I am not aware of any third parties’ sponsorship.

(3)

(a) There were three legal practitioners / counsel who were on brief by the Department of Justice and Constitutional Development (the Department).

(b) I attended the proceedings at the International Court of Justice (ICJ) on 11 and 12 January 2024 together with three officials.

(4) The information is as follows: -

(a) The costs in respect of travel for:

1. Legal team is R277 083.
2. Minister is R443 442.
3. State Officials is R1025 359, (this includes the VIP Protector who is employed by SAPS, so considered an official)

(b) The total costs for accommodation:

1. Legal team is R73 420.
2. Minister is R43 999.
3. State Officials is R58 115. (this includes the VIP Protector who is employed by SAPS, so considered an official)

c) Subsistence Allowance for Minister & Officials

1. R34 080,42

(5) Yes. South Africa is extremely proud that we took this matter to the ICJ. As Government, South Africa could not sit idly and watch the killing of innocent people in Gaza. South Africa stepped up at the time when thousands of lives, mainly vulnerable women and children, were killed and our efforts drew the world's attention that a genocide is happening in Gaza. Several other countries joined in the condemnation of the genocide and pledged support and solidarity with South Africa for its stance against genocide. This is evidenced by the fact that the ICJ held, by fifteen votes to two, that the State of Israel must, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention. Moreover on 26 January 2024, the court ruled that “the present perilous situation demands immediate and effective implementation of those measures”, in response to the Article 75 application of the ICJ, that Israel is bound by the provisional measures order.

Reply:

(a), (b), (c), (d), (e)

1. No vehicle has been purchased for use by the Minister of Trade, Industry and Competition, since 8 May 2019. He uses Toyota Fortuner vehicles purchased in 2010 (14 years old) and 2016 (8 years old), as official vehicles. They are made in South Africa and have proven to be reliable and resilient.
2. Details of vehicles purchased for the use of the Deputy Ministers since 8 May 2019 has not changed since the previous reply of 24 February 2023.

-END-

Reply:

I was informed by the Department as follows:

(i) Minister:

(a) Make : NA

(b) Model : NA

(c) Year of manufacturer : NA

(d) Cost : NA

(e) Purchase date : NA

(ii) Former Minister:

(a) Make : NA

(b) Model : NA

(c) Year of manufacturer : NA

(d) Cost : NA

(e) Purchase date : NA

(iii) Deputy Minister:

(a) Make : NA

(b) Model : NA

(c) Year of manufacturer : NA

(d) Cost : NA

(e) Purchase date : NA

(iv) Former Deputy Minister: Ms Pinky Kekana

(a) Make : BMW

(b) Model : Sedan 12 DC, G30, 520 D

(c) Year of manufacturer : 2021

(d) Cost : R 741 044, 54

(e) Purchase date : 18/11/2021

The vehicle was procured by the department as a transfer from the Minister’s tenure as the Minister of Small Business Development. The Department of Communications and Digital Technologies (DCDT) did not procure a new vehicle from a new supplier when she arrived.

I thank you.

Reply:

The responsibility for combating the scourge of Gender-Based Violence and Femicide (GBVF) rests with all-of-society if we are to make any meaningful progress toward its eradication. GBVF is a complex phenomenon that happens in families, households and communities thus we need all to be invested in the fight against this pandemic. From each individual, household/family, community to all state actors, there is a need for a concerted no tolerance to GBVF in all its forms. This will ensure the implementation of both proactive and reactive measures to combat the scourge.

In March 2020, Cabinet approved the National Strategic Plan on GBVF and the establishment of both the Inter-Ministerial Committee (IMC) on GBVF and the National Council on GBVF. The implementation of the NSP on GBVF coincided with the COVID-19 pandemic. Since 2020, the department coordinates and monitors the implementation of the NSP on GBVF by governments and key stakeholders monthly.

With this understanding in mind, the department coordinates and monitors the implementation of the National Strategic Plan on Gender-based Violence and Femicide (NSP on GBVF) by government and key stakeholders monthly.

Despite the COVID-19 context, the government continued to address GBVF as a twin pandemic so as to better understand its impact on women. We set up an Inter-Ministerial Committee (IMC) on GBVF in June 2020 consisting of the Ministers of Women, Youth and Persons with Disabilities as the convener; Social Development; Police; Justice and Correctional Services; Public Service and Administration and National Treasury to guide the process of implementation.

There are pockets of positive results through various multi-sectoral collaborative platforms that implement joint interventions and funding mechanisms. We have the END GBVF Collective that has been implementing 100 days challenges; and the faith sector collaborative platform that plays a central role in prevention and rebuilding social cohesion.

In February 2021 we launched the private sector GBVF Response Fund. The fund follows the principles enshrined in the NSP on GBVF of harnessing the roles, responsibilities and resources of all stakeholders.

The relationship between civil society networks and governments have allowed for a strengthened and coordinated implementation. Various development partners and academic institutions have also contributed towards implementation.

The process of localisation is bolstered by the establishment and capacitation of Rapid Response Teams (RRTs) at district and local municipality levels across the country. The department does not have a provincial foot. To strengthen reach, through support from European Union Gender equality and women’s empowerment programme we have appointed GBVF technical monitors and data capturers and placed them in provinces.

The department has driven the National Council on GBVF Bill as a game-changer in the fight against GBVF. Key principles in the Bill include coordination championed by the highest political office, a multi-sectoral structure, institutional independence and autonomy, a ring-fenced budget with a dedicated GBVF fund, a bottom-up approach across all government tiers, and significant collaboration between government and civil society.

For the 2023/2024 Annual Performances Plan, the Department committed to monitor and enforce accountability to the targets of the NSP on GBVF including but not limited to reporting on implementation of the NSP on GBVF by government and key stakeholders through the following interventions:

1) Submission of monthly progress reports that are collated and analysed by the department; and quality assured by the Department of Planning, monitoring and Evaluation (DPME) and the Presidency; used to produce annual reports.

2) The Department presents these progress reports that outlines gaps, challenges and areas of improvement across the 6 NSP on GBVF Pillars to various Directors-General Clusters and the Forum of South African Directors-General (FOSAD) as a standing item. These monthly reports are translated into a quarterly report for the attention of the President.

3) The department utilizes these reports as a tool to monitor, enforce accountability of Accounting Officers and afford them the opportunity to assess progress made by their respective departments in implementing their allocated NSP on GBVF targets and take necessary corrective measures.

4) The 2 NSP on GBVF Annual Reports produced by the department include the score cards that further reflect the level of sector department performance across the 6 Pillars of the NSP on GBVF and recommendations for implementation.

Ultimately our success is about women, children and LGBTQIA+ persons feeling safe and free in their homes, in their communities and in themselves. We have also developed a prevention strategy as prevention is key in curbing murders and all forms of gendered violence. Currently, we are in the process of driving the concept of dealing with GBVF as a pandemic. We had the inaugural workshop with government stakeholders across all tiers in March 2024. In this drive, we want to use our convening power as the department to institutionalise a coordinated national response from national, to provinces, to districts, municipalities and to ward levels.

GBVF continues to be a national crisis, and this may make it difficult to see the pockets of progress. We have been intensifying efforts to harness all to collectively respond, accelerate efforts, and develop partnerships and strategies toward a whole-of-society approach toward eradicating GBVF.

Reply:

The Minister of Public Works and Infrastructure:

(1)

(a) Three(3) generators were purchased for the replacement of existing non-functional generators.

(b) The purchase the three generators amounts to R387 751.25, R349 998.93 and R 241 674.00, respectively.

(c) One (1) Minister and two (2) Deputy Ministers were been allocated a generators.

(2) There are no plans to purchase additional generators, as all existing generators are in good working condition.

(3) The scope of works related to the maintenance of the generators, is attached as Annexure A.

(4) The detail cost with the total amount spent on diesel, is attached as Annexure B.

Reply:

The Department informs me that a notice was received from the Office of the Public Protector (“the PP”) in December 2020 and an extensive response relating to the notice was submitted. It advises further that no further substantive communications on this issue were received from the PP. It was assumed therefore that the PP concluded that no investigation or further investigation herein was merited.

-END-

Reply:

1. The Department produced a monitoring and evaluation framework for the national strategic plan on gender based violence & femicide. The role of the department of Public Works & Infrastructure (DPWI) is to make available unutilised public buildings to be utilised as shelters or temporary housing arrangements for victims/survivors of GBVF.

The Department linked DPWI with the Department of Social Development (DSD) in ensuring that the identified buildings are renovated, NPOs are linked to these shelters and that they are funded.

2. The Department of Women Youth & Persons with Disabilities will pursue discussions with DSD and DPWI regarding the state of shelters in Namaqualand.

Reply:

The question falls under the Executive Authorities of the Members of the Executive Council (MECs) of the 9 provinces. The Hon Member is kindly requested to refer the question to the MECs as per section 92(3)(b) of the Constitution and Rule 134(5)(b) of the NA rules. 

                                                                 

Reply:

I have been advised that:

a) No Departmental (across the Department of Small Business Development [DSBD], the Small Enterprise Development Agency [Seda] and the Small Enterprise Finance Agency [sefa]) events have been planned for the 30-year celebrations.

b) Not applicable.

Reply:

The monitoring that the DWYPD undertakes is in line with the 5-year policy priorities as defined in the MTSF 2019/2024 which is based on the National Development Plan and the White Paper on the Rights of Persons with Disabilities.

The DWYPD recognised that the 2% minimum employment equity target was not sufficient especially as the 2% target was in place for the past 24 years and the White Paper on the Rights of Persons with Disabilities provides that a minimum employment equity target of 7% of persons with disabilities must be reached by 2030. It is anticipated that presenting the annual progress report on implementation on the WPRPD to Cabinet will serve as a means to persuade departments to demonstrate their progress made towards employing persons with disabilities in the public service.

The DWYPD processed a cabinet Memorandum requesting Cabinet to increase the employment equity target of persons with disabilities from a minimum employment equity target of 2% to a minimum employment equity target of 3% for the 2024-2025 financial year and to increase same by 1% each year until the minimum employment equity target of 7% is reached by 2030. Cabinet approved the request made by the DWYPD in its cabinet memorandum on 1 November 2023.

Affirming the cabinet decision, the President highlighted that all efforts must be made to ensure that persons with disabilities are given equal and equitable employment opportunities even if it requires persons with disabilities being head hunted for posts if they meet the requirements without having to advertise same. Further, persons with disabilities do not have to have experience when applying for entry level positions.

The DWYPD has communicated the cabinet decision to the Department of Public Service and Administration to develop guidelines and strategies which will be communicated with all government departments and entities to assist them to meet the 3% minimum employment equity target for persons with disabilities in the 2024-2025 financial year. The DWYPD has also written to all government departments informing them of the cabinet decision further consultative workshops were held with them to highlight interventions required and is holding one on one meetings with departments to assist them with strategies that they could undertake to assist with reaching the 3% minimum employment equity target as requested. Naturally if departments reach higher than 3% this will be most welcome and it will demonstrate that we are on our way towards achieving the 7% employment equity target for persons with disabilities by 2030.

Reply:

(i) MINISTER

Not applicable.

(ii) FORMER MINISTER

1. Make – Audi
2. Model – Q5
3. Year of manufacture – 2020
4. Date of purchase – June 2020
5. Cost R800 000 inclusive of security features

(iii) DEPUTY MINISTER

Not applicable.

(iv) FORMER DEPUTY MINISTER

1. Make – Audi
2. Model – Q5
3. Year of manufacture – 2020
4. Date of purchase – January 2020
5. Cost R800 000 inclusive of security features

Reply:

Question 1:

1. The LPC does not form part of either national or provincial government. Nor is the LPC listed as a “national public entity” under the Public Finance Management Act, 1999, as contemplated in the Use of Official Languages Act 12 of 2012. As such, the suggestion that section 6(3)(a) of the Constitution of the Republic of South Africa Act 108 of 1996 (Constitution) is applicable to the language policy of the LPC is incorrect.

2. Prior to the decision to offer the examination papers in English only, the LPC offered the examination in both English and Afrikaans. Over the period from March 2021 to August 2023 no more than 26 candidates wrote the examinations in Afrikaans at any sitting. In the six examinations over this period this made up between 0.3 and 0.5% of the candidates sitting in the examinations (with total enrolments for the examinations varying between 4 912 and 7878 candidates per sitting).

3. Consistently with this observation, we note that whilst the LPC received complaints from a few organisations pursuant to the publication of its decision not to offer the examination in Afrikaans, not a single candidate legal practitioner raised an objection.

4. The continued offer of Afrikaans examinations for the benefit of a negligible number of candidates has disproportionate cost and logistical implications for the LPC. Moreover, in the last examinations of August 2023, discrepancies between the Afrikaans and English versions of the examination papers led to concerns about the unfair advantage offered to Afrikaans-speaking candidates sitting in the examinations.

5. Many of the considerations considered by the Constitutional Court in relation to the language policy of the University of the Free State, as set out in AfriForum and Another v University of the Free State 2018 (2) SA 185 (CC) apply with equal force in the present context.

6. We further drawn your attention to the fact that the LPC accredits training providers who offer the Practical Vocational Training structured coursework programmes. These programmes are offered, by the training providers (not the LPC), in English. The material is expensive to produce and update annually and is not also produced in Afrikaans. There is also insufficient demand to justify the costs of translation.

Question 2:

1. The LPC denies that its language policy, and its decision to offer competency-based examinations in English only, stand in breach of or in conflict with its objects as set out in section 5 of the Legal Practice Act 28 of 2014 (LPA). The objects of the LPC include for it to “facilitate the realisation of the goal of a transformed and restructured legal profession that is accountable, efficient and independent” (section 5(a)), which must perforce require of the LPC to bring into account equity, practicability, and the critical need to undo the damage caused by racial discrimination in its approach to language use and examination. Simply put, any criticism of, and engagement with, the LPC’s language policy and its decision to offer examinations in English only must occur by reference to the correct legal and factual context.

2. The reality is that English is the language of record in South African Courts. Whilst legal practitioners are free to provide legal advice to their clients in the language of their choice, and whilst accommodations are made in the court processes which take account of language rights of those represented, legal practitioners participate in legal processes almost exclusively through the medium of English. The competency of legal practitioners to participate in the legal processes through the medium of English is therefore of significant importance, to protect the interests of the public who make use of legal services.

Reply:

I am advised as follows:

The former members of the Board were suspended in August 2014 pending a forensic investigation following allegations of maladministration, wasteful expenditure and corrupt activities reported by the Auditor-General South Africa (AGSA) in the NGB’s 2013/14 annual report and financial performance.

The suspended Board members had reportedly contravened the Public Finance Management Act (PFMA) through failing to prevent irregular, fruitless and wasteful expenditure and making overdrafts on the entity’s bank account without the approval of the Minister of Finance. Furthermore, the Board’s accounting authority, acting either individually or jointly, had allegedly contravened the National Gambling Act by allowing members whose term of office had expired to continue participating in the Board’s activities and representing the NGB.

Two Administrators were appointed from September 2014 to continue with the work of the NGB. The current Chief Strategic Advisor (CSA) was appointed in April 2019 following her stint as former administrator to the NGB.

The National Gambling Amendment Bill was introduced to Parliament in August 2018 and passed by the National Assembly in December 2018. The Bill sought to remove the concept of a Board comprising various external members, and replacing this concept with governance led by a Chief Executive Officer, with the assistance of a Deputy CEO. The policy position taken by the Department at the time was that the National Gambling Regulator be established in line with other entities of the dtic after considering the dtic research on Agency Rationalization which found that maintaining the board system was costly and did not contribute towards internal efficiencies of the NGB. However, the Bill was not adopted by the National Council of Provinces (Council) in 2019 and lapsed to the current Parliament. The Bill was revived and was referred to Mediation in December 2021 after it was not t supported by several provinces. The Bill has been in Parliament to date pending the Mediation process.

The delay in the finalisation of the National Gambling Amendment Bill has contributed to the delay in the appointment of the CEO as the appointment needs to be aligned with the Amendment Act.

I am advised that the current total gross salary for the NGB CSA is R2 553 905. As indicated in replies to Questions Number 450, 575 and 745, remuneration matters are now the subject of an investigation commissioned by the Department.

-END-

Reply:

The Minister of Public Works and Infrastructure

The Minister of Public Works and Infrastructure

(a) The total number of staff members working in the Information Communication and Technology Section is 54

(b) Please refer to the table for the number of employees per salary level.

Salary Level	Number of Employees
5	7
6	1
7	2
8	24
9	5
10	3
11	3
12	6
13	2
14	1

c) The total cost amount in salaries paid to the staff members per annum is R35 244 633,48

Reply:

(a) The Heads of State and Government of the Member States of the African Union, convened on the 27-28 November 2023 in Pretoria, South Africa, under the leadership of His Excellency Mr Azali Assoumani, President of the Republic of the Comoros and 2023 African Union Chairperson and H.E Matamela Cyril Ramaphosa, President of the Republic of South Africa and African Union Circle of champions lead to end violence against Women and Girls, for the third meeting of the African Heads of State and Government on Positive Masculinity to end violence against Women and Girls in Africa.

The Department of Women, Youth and Persons with Disabilities coordinated the departments across all spheres of government, Civil Society Organisations, business sector, traditional leaders –national and provincial, male and female kings and chiefs, Faith Based Organisations, private sector and all participating African countries.

Pre-consultation sessions were held with all the sectors to influence the program, but also to mobilize and garner support in designing programmes aimed addressing the scourge, post the conference. In the end, the heads of state emerged with an outcome document, to be implemented and monitored by ALL.

(b) The Department also leads the coordination of the 16 Days of activism for no violence against women and children. It is during this period that we heighten awareness, and educate society on services available and how to access those.

(c) The Department partnered with the taxi industry and the department of Transport by training the taxi marshals, taxi drivers and taxi owners on the National Strategic Plan on GBVF and what constitutes GBVF.

Reply:

(a) Three government Departments namely, the Presidency, International Relations and Cooperation and Justice and Constitutional Development had legal representation for the ICJ case argued on 11 and 12 January 2024.

I am only able to respond with regard to the Counsel and costs falling under the Department I am responsible for.

The Department of Justice and Constitutional Development briefed three legal practitioners / counsel - a senior and 2 juniors who acted on a pro bono basis for the application and hearing on 11 and 12 January 2024.

The costs in respect of travel for:

1. Legal team is R277 083.
2. Minister is R443 442.
3. State Officials is R1025 359, (this includes the VIP Protector who is employed by SAPS, so considered an official)

The total costs for accommodation:

1. Legal team is R73 420.
2. Minister is R43 999.
3. State Officials is R58 115. (this includes the VIP Protector who is employed by SAPS, so considered an official)

Subsistence Allowance for Minister & Officials

1. R34 080,42

(b) The above funds were sourced from the Department of Justice and Constitutional Development.

Reply:

The South African Bureau of Standards advises that a capital expansion plan of R376.0 million has been budgeted for in the Corporate Plan for FY 2024/25 to 2026/27.

The R376.0 million capital budget is focused mainly on three (3) areas, namely Laboratory Services, Facilities, and Information & Communication Technology. The capital budget will be funded through a combination of grant funding from the fiscus and own funds.

-END-

Reply:

1. The Department never received any formal memorandum from the Office of the State Attorney Cape Town. However, we learnt from the Sunday Times that such a memorandum existed. We then investigated and found that there was correspondence between two junior officials, one from the Department and the other from the Office of the State Attorney Cape Town. We enquired from the Head of the Office of the State Attorney Cape Town, Mr Mbeki, whether he had any knowledge of such correspondence. Mr Mbeki confirmed that he did not approve such correspondence and that he only learnt from the media that there was such a memorandum. We therefore do not regard that memorandum as official correspondence save to state that, information contained therein is inaccurate.

2. As at 31 January 2024, the Critical Skills, Business and General Work Visas that form part of the annual performance plan have no backlogs. Majority of the delays and backlogs are on two visa categories, they are section 11(6) and Section 18 visas for spousal and relatives respectively.

The department experiences challenges concerning the legitimacy of relationships being claimed and cited in the applications. It must be noted that some foreign nationals have taken advantage and follow corrupt methods to legitimise themselves, family members, friends and others. The backlog for both stands at 79 916. 85% of the backlog falls under these two categories where massive corruption and collusion was detected. The breakdown is as follows:

Temporary Residence Permit: Categories
Row Labels	31-Jan-24
Exchange Visa Section 22	9
Medical Treatment Section 17	1090
Relative's Visa (brother) Section 18	2609
Relative's Visa (major child) Section 18	3952
Relative's Visa (minor child) Section 18	9580
Relative's Visa (Parent) Section 18	2190
Relative's Visa (sister) Section 18	841
Relative's Visa (Spouse)	18661
Retired Person Visa Section 20	1686
Study Visa Section 13	1751
Treaty Visa Section 14	49
Visitor's Visa Section 11(1)	1106
Visitor's Visa Section 11(1)(b)(i)	14
Visitor's Visa section 11(1)(b)(ii)	2229
Visitor's Visa Section 11(1)(b)(iii)	191
Visitor's Visa Section 11(1)(b)(iv)	3883
Visitor's Visa Section 11(2)	1233
Visitor's Visa Section 11(6)	41083
Grand Total	92157

END

Reply:

a) All livestock that is kept at departmental farms is managed through programs that stipulate when supplementary feeding and mineral supplements should be provided, when vaccinations should take place and further stipulates which vaccines are appropriate for viral diseases like RB51, Brucellosis, Anthrax and Black Quarter. The vaccination programs differ from farm to farm depending on disease prevalence within any area.

Bonsmara cattle are kept on the specified farm. The Armoedsvlakte Experimental farm in the North West province was vaccinated annually in accordance with the vaccination program that is developed and guided by the Provincial Veterinary Services. Proper management of these farms in terms of health protocols is demonstrated by the fact that there has not been any animal disease outbreak whose origin can be traced to any state farms for the past five years to date.

(b)(i) The farms at all government farms procure their provisions following the normal procurement processes and most of the time utilise the RT 12 and or similar National Treasury tender systems to ensure there is a consistent supply of vaccines.

(ii) The state farms in the North West province produce their own forages, lucerne, turf etc. This is a proper farm management principle that helps to meet provincial fodder flow for winter/drought intervention.

The locally developed Bonsmara cattle kept on this farm are adaptable and rely on a natural extensive (veld) farming system as is the case with other indigenous and locally developed farm animals in South Africa. However additional feeds (mineral licks) are procured and provided to animals to complement natural veld, and this is also to ensure that animals receive additional balanced nutrition throughout the year.

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The National Gambling Board (NGB) has informed the Department that no Executive level appointments were made during the period 1 January 2023 to 24 February 2024. However, an Acting Chief Technology Officer was appointed in September 2023. The NGB has advised that the vacant Executive position Chief Technology Officer has been advertised.

-END-

Reply:

a) The total number of Smart Identification Cards (ID) fluctuate usually on any given time because, as Id Cards are collected, new applications come in immediately.

Most people who apply for Id Cards, actually have the green identity booklet, hence they are not in a hurry to collect smart Id Cards because they still have the Id (green barcoded) booklet which allows them to do everything.

Presently the number of uncollected new issued Id Smart card is 105,000.

(b) Part of the intervention strategies being employed to ensure that identity documents are collected before 29 May 2024 include: -

• Home Affairs will open its offices countrywide for seven (7) Saturdays prior to Election Day. These are 06, 13, 20 April 2024 and 04, 11, 18, and 25 May 2024, which will be from 08H00 until 17H00, to encourage collection of identity documents, as well as dealing with resolution of duplicate cases.
• Additional three (3) hours per day of service delivery on 27 and 28 May 2024 will be effected.

• On Election Day, 29 May 2024, Home Affairs will extend its operational hours in line with the IEC.
• Mobile Units will be deployed to far-flung areas where Home Affairs does not have presence.

END.

Reply:

Chapter 1 of the Restitution of Land Rights Act 22, Act 22 of 1994, as amended, under the definitions defines “equitable redress” as any equitable redress, other than the restoration of a right in land, arising from the dispossession of a right in land after 19 June 1913 as results f past racially discriminatory laws or practices including:

a) the granting of an appropriate right in alternative state-owned land.

b) the payment of financial compensation.

During optional workshop, as part of the activities towards the settlement of a land claim, claimants are presented with settlement options and advised/requested to choose their preferred option for the settlement of their claim from the below options:

1. Restoration.
2. Alternative land;
3. Financial Compensation.

The above options are supported by policy provisions of the Commission and the Department in ensuring that equitable redress is implemented in line with enabling Legislation.

The financial compensation option allows the claimants urgency and a right to choose how justice is restored and meted out. Some of the claimants opt for financial compensation because they have land and are looking to develop or upgrade what they already have. They also want to honour their ancestors in the meaningful way through the compensation they receive. A recent evaluation conducted by UCT further confirms the positive benefits on the lives of the restitution beneficiaries.

---END---

Reply:

The Department has commenced an investigation into matters relating to the National Gambling Board, initially focused on the procurement of the building. A forensic investigating company has been appointed in this regard.

A further briefing by the Department relating to remuneration and authorization for overseas travel has raised governance questions relating to these matters. This will now be included in the forensic investigation.

The Department is also considering what appropriate immediate steps should be taken in addition to the above.

Once the investigation is complete, the necessary actions will be taken where warranted, and a report will be submitted to Parliament.

-END-

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a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) through the Provincial Departments of Agriculture (PDAs) is providing Extension and Advisory Services (EAS) to various categories of farmers. Public extension practitioners provide support mostly to smallholder and subsistence farmers whereas most commercial farmers have private extension practitioners.

b) DALRRD developed an extension programme to increase the capacity of EAS by recruiting unemployed agricultural graduates as extension practitioners at entry level as Assistant Agricultural Practitioners (AAPs). This programme was only implemented for several months through which 4 370 AAPs were employed and deployed to various local agricultural offices to service farmers. The programme was discontinued in July 2023 due to limited financial support.

Currently the only limited funding available is the Extension Recovery Plan (ERP) which is a grant fund that aims to ensure:

• visibility and accountability;
• professionalism and improving image;
• recruitment of Extension Personnel; and
• reskilling and re-orientation and provision of ICT and other resources.

Already 70% of the grant pays for salaries of extension practitioners who are employed on contract and the remaining 30% serves the other four pillars.

The Department still intends, subject to budget availability, to employ unemployed graduates at entry level as Assistant Agricultural Practitioners. In this regard, engagements with National Treasury are continuing to source sustainable funding for the programme. Once the funds are made available the programme will be implemented as planned with Provincial Departments of Agriculture leading as the main employer of Extension Practitioners.

Reply:

The Department has commenced an investigation into matters relating to the National Gambling Board, initially focused on the procurement of the building. A forensic investigating company has been appointed in this regard.

A further briefing by the Department relating to remuneration and authorization for overseas travel has raised governance questions relating to these matters. This will now be included in the forensic investigation.

The Department is also considering what appropriate immediate steps should be taken in addition to the above.

Once the investigation is complete, the necessary actions will be taken where warranted, and a report will be submitted to Parliament.

-END-

Reply:

The following reply has been compiled by the Energy One Stop Shop, and Invest SA.

(1) The EOSS was launched on the 27th July 2023 at the dtic Campus.

The following have been actioned since the launch:

• Website launched and operational – www.energyoss.gov.za
• Registration Portal for Energy Projects live and operational.
• Tracking and Monitoring Database operational.
• Technical Working Group established (with all relevant Departments)
• Partnerships forged with Key Industry Stakeholders (e.g. MOU with Energy Council of SA).
• Linkages with Key Government Entities (Presidency, IDC, NEF, Infrastructure SA, IPPPP Office).
• Representation on various Working Groups (Legal and Regulatory Workstream, ESKOM Transmission Workstream and NECOM).
• Single Window Application Implementation Plan developed with the IFC (World Bank Group) and currently being reviewed by various Industry Bodies through the Energy Council of South Africa (ECSA). Support of the IFC is valued at approximately US 1,5 million. The envisaged implementation date is 1st quarter 2025.
• The first phase of Mapping of Municipal processes and standardised procedures conducted by UK Pact Consultants and will be concluded by the end of October. Support by the UK Pact programme is valued at R1,5 million.
• Escalation letters have been sent to Municipalities where applicable.
• EOSS participated in various Energy Related Events (Conferences, Indaba’s and Workshops, Energy Action Lab) Nationally and Provincially.
• As part of the EOSS task to develop processes and mechanisms to fast track and unlock challenges (licensing and permitting approvals) experienced by developers, it was determined that a Single Window Application approach should be followed to streamline the application process for developers of energy projects. This is also supported by the Energy Council of South Africa as one of the interventions and outlined in the proposed Omnibus Bill.
• As several Departments are the Competent Authorities in their areas of expertise (e.g. DFFE), the various processes at these Departments had to be mapped to determine the extent to which overlaps exists. Through the support of the International Finance Corporation (IFC) these processes have been mapped (approval processes, timelines and checklists), recommendations made and an implementation action plan proposed. This has been shared with Industry through the Energy Council of South Africa (ECSA) for review and comments. Once amended the implementation plan will be socialised with all the relevant Departments for adoption and execution. Currently the EOSS together with the Departments are looking into the harmonisation of all IT Systems to develop the streamlined Single Window Application System. The anticipated date for the pilot will be ready for testing by 3rd quarter of 2024 and full implementation by the 1^st quarter for 2025.
• A parallel process was embarked upon, of mapping approval and permitting processes for Energy Projects at municipal level and the impact of these on the implementation of Energy Projects. The workstream has been engaging with Municipalities, Developers, Departments and the Energy Industry to determine the effectiveness of the approval and permitting process at Municipal level. The first phase of the project came to an end in October 2023.

The EOSS received 114 projects from the Presidential Embedded Generation Task Team to track and unlock bottlenecks encountered by Energy Developers (mainly independent power producers IPPs). These projects are at various stages of development. Of the 114 projects, 26 were prioritised for immediate focus after consultations with developers and owners of projects. 2 projects were cancelled by developers and four (4) acquired SIP status, thus the EOSS is tracking 20 projects that have a few remaining challenges. The 114 projects upon receipt equated to 16 859MW and R109 billion in potential investment. In addition, besides IPP projects the EOSS unblocks for companies encountering challenges with municipalities and Eskom such as PG Bison, Teraco, Humtamaki amongst others.

 

The dashboard below outlines what the EOSS is currently tracking in terms of the Priority Projects:

EOSS DASHBOARD:

The dashboard below outlines what the EOSS is currently tracking in terms of the Priority Projects:

EOSS DASHBOARD:

Priority Projects Received: 26

Projects Cancelled: (2 by developers)

Projects Transferred to SIP: 4

Remaining Projects: 20 (1624,5MW)

Projects Unlocked: 6 = 517,5MW: (Damlaagte - 97,5MW; Sutherland 2

- 140MW; Cennergi - 80MW; Tronox - 200MW, Mogalakwena, PPC Sturdee are on hold because Developer uncertainty e.g. Grid Connections)

Projects Operational: 4 = 78,5MW: Harmony Gold (Eland, Nyala,

Tshepong), Gold Fields South Deep

Projects Tracked: 10

Current Challenges: 14 (Land Use, Mining rights, Water rights, ESKOM, Municipal approvals) Commercial Operational Date: 2023 – 2026 (10 Projects).

In the pipeline of remaining 88 projects are 20 updated projects (3136MW) with challenges across Departments and Municipalities. The 20 were prioritised by Developers after the EOSS engagement with them. The anticipated commercial operational dates are between 2024-2027. The EOSS in conjunction with the Departmental Technical Working Group (TWG) is working towards unblocking all challenges encountered.

In addition, through the EOSS live portal, 44 project leads have been identified covering wind, solar, gas and hybrid technologies. Of these the EOSS are tracking 17 projects of 5576 MW.

(2) Whether there is any level of authority for expediting the licensing process; if not who is responsible if so, what are the relevant details;

• Yes, a Technical Work Group, consisting of all the relevant Departments that are Competent Authorities. The EOSS TWG was established with the support of NECOM (National Energy Crisis Committee). Memorandums of Understanding (MOUs) between EOSS and the Departments are in the final stage of being signed – it is envisaged that it would be concluded in the first half of 2024.
• Competent Authorities have given undertakings at NECOM to shorten approval process within the legislated time frames e.g. DFFE are now able to process application with decisions within 57 days for a Basic Assessment if in a Renewable Energy Development Zone (REDZ) and the EOSS are tracking projects based on these.
• The EOSS reports to two NECOM Workstreams (Legal and Regulatory WS2) and Transmission (WS10). These structures meet every 2^nd week or once a month but it also reports to the Ministry and Presidency on a regular basis. The TWG has met more the 8 times – going forward it plans to meet once a quarter as soon as the electronic automated tracking and reporting system for the EOSS has been developed.
• The EOSS also has an MOU with the Energy Council of South Africa – it provides technical advisory and capacity building services to the EOSS Team.

(3) What (a) problems have been identified with the system, (b) measures are being taken to rectify the identified problems, (c) on what date does he envisage the (i) identified problems will be resolved and (ii) system will be established and fully functional?

a) Delays in approvals by some Departments and Agencies (e.g. ESKOM – Cost Estimate Letters (CELs) and Budget Quotes (BQs).

b) Challenges that IPPs are encountering with Departments and Entities are addressed and resolved by EOSS through TWG members. Municipalities remain the biggest challenge as there is a lack of standardised processes in place to deal with Renewable Energy Projects (both in terms of Human Resources and Expertise). A Mapping exercise was embarked upon by the EOSS and a report with recommendations outlining intervention was developed. Through greater coordination led by the EOSS in conjunction with SALGA and COGTA in supporting municipalities, the EOSS for example with the support of the Presidency and Office of the Premier in the Free State unlocked some major project challenges for Developers such as Sunelex Solar Power in the Matjhabeng Municipality – 605MW.

c) Unresolved challenges outside reasonable and stipulated time-frames are escalated to the PMO in the Presidency and NEOCOM for intervention. Challenges are escalated once evaluated and severity determined. A single windows application and tracking system is being developed to automate and harmonise processes – the envisaged fully operational date is end of Q1 2025 subject to budget availability.

-END-

Reply:

The South African Bureau of Standards has furnished me with the following response to the question:

As part of the Turnaround Plan, the SABS undertook an organisational review exercise with the objective of determining a suitable Operating Model and a fit for purpose Organisational Structure which got approved by the Administrators following extensive consultations with the SABS employees. The new structure has 829 positions, but the management agreed to freeze 71 posts due to budget constraints. That left a total of 758 posts. To fill these positions, some of which were new, others redefined, the matching and placement process was undertaken and concluded in October 2023.

As at 31 March 2024, 662 of 758 positions were filled.

Of the 96 posts, the management has prioritised the filling of 59 vacancies due to further financial constraints. These will be filled as follows:

• 37 in 2024/25, and
• 22 in 2025/26, subject to the availability of funding.

-END-

Reply:

Before responding to the specific question raised, it is important to highlight the environment that the State-Owned Companies (SOCs) operated in:

a) All entities were affected by state capture;

b) The following had an impact on the SOCs:

1. financial and liquidity position;
2. increased operating costs;
3. technical impact on the operational performance
4. there was erosion of skills; and
5. boards were compromised

c) The entities began stabilising and recovering from the effects of state capture as the new administration started addressing the state capture;

d) No bail outs were provided to SOCs but rather capital invested in SOCs to put them on a path of sustainability; and

e) Since then, the SOCs have progressed towards sustainability.

With regard to South African Airways (SAA), the airline has for previous financial years been facing significant financial and operational challenges. This was partly due to several challenges which amongst others included, state capture and corruption. As a result, the airline was placed in business rescue by its Board, effective 6 December 2019 to enable a comprehensive restructuring of the company and its balance sheet to ensure that a viable, competitive, and sustainable airline emerges. Funding was provided as post commencement funding to enable operations to continue while the business rescue plan was being developed. This also enabled the repatriation of South African citizen stranded in other countries during the Covid-19 pandemic lock down in 2020. The business rescue plan was developed and the creditors adopted the business rescue plan on 14 July 2020. The airline was later restructured, staff rightsized, significant compromises reached with creditors and the business rescue was exited on 30 April 2021. The airline recommenced operations in September 2021. The summary of funding received from Government is shown below, according to SAA and the amounts are further explained by the Department below thereafter.

According to information received from SAA:

(a)(i) Since 2019, South African Airways (SAA), please note the following with regards to bailouts and dividends:

Year	Amounts are not Bailouts but rather Capital invested	Dividends
FY2019/20	R 5.5 billion	R nil
FY2020/21	R18.2 billion	R nil
FY2021/22	R 6.8 billion	R nil
FY2022/23	R 1.6 billion	R nil
FY2023/24	R 1 billion	R nil

Explanation of the numbers

Year	Amounts are not Bailouts but rather Capital invested	Broken down as	Purpose	Dividends
FY2019/20	R 5.5 billion	R2 billion	Working Capital	R nil
		R3.5 billion	Settle lenders bridging finance
FY2020/21	R18.2 billion	R2.2 billion	Settle Business Rescue (BR) post commencement finance	R nil
		R4.4 billion	Settle lenders legacy debt
		R3.6 billion	Settle DBSA BR post commencement finance
		R7.8 billion	Implement BR
FY2021/22	R 6.8 billion	R4.1 billion	Settle lenders legacy debt	R nil
		R2.7 billion	Restructure SAA subsidiaries
FY2022/23	R 1.6 billion	R1.6 billion	Settle lenders legacy debt	R nil
FY2023/24	R 1 billion	R1 billion	Implement BR	R nil

(ii) Dividends: Rnil

According to information received from Eskom:

(b)(i) Since May 2019, Eskom has received government support of R158.6 billion through the Special Appropriation Act of 2019 and R76 billion (which includes R13 billion expected to be received by the end of March 2024), in terms of the Eskom Debt Relief Act of 2023. The breakdown is listed below:

Financial year	Amount received, R billion	Applicable act
FY2020	49.0	Special Appropriation Act 2019
FY2021	56.0
FY2022	31.7
FY2023	21.9
Sub-total	158.6
FY2024	76	Eskom Debt Relief Act 2023
Total	234.6

It must be noted that these are not bailouts, but government support is required to mitigate the fact that the allowed revenue under the NERSA Multi-Year Price Determination (MYPD) allowable revenue theory is understated.

Annexure W3 of the 2023 Budget Speech, states that:

“The National Treasury recognises that debt relief alone will not return the utility to financial sustainability.

A key assumption considered in the debt-relief determination is the implementation of the

recent tariff increase approved by the Regulator (18.65 per cent in 2023/24 and 12.74 per cent in 2024/25). Without these increases, the debt-relief arrangement is not sustainable.

Outstanding municipal debt, which has grown from R58,5 billion in March 2023 to R74.5 billion in February 2024 (11 months), is a systemic challenge to the electricity industry as a whole.

The National Treasury is finalising a proposal to address this debt.”

(b)(ii) No dividends have been declared over the past five years.

According to information received from Transnet:

(c)(i) Transnet received an equity injection from government of R5,8 billion (Transnet issued

ordinary shares of 5 837 000 000 to government) in February 2023 per special

appropriation Bill 2022 allocation to accelerate the rehabilitation of longstanding

locomotives (R2,9 billion) and to cover losses/expenses incurred due to the KZN flood

damage in April 2022 (R2,9 billion).

(ii) Transnet has not paid out any dividends since May 2019.

According to information received from SAFCOL:

(d)(i) Nil (Zero) bailouts received by The South African Forestry Company SOC Limited and

(ii) R1 million (2022/23) dividend paid out over the past 5 years since May 2019.

According to information received from Alexkor:

(e)(i) No bailouts were received by Alexkor over the past 5 years;

(ii) Alexkor did not pay out any dividends over the past 5 years.

According to information received from Denel:

(f)(i) R9bn

(ii) Rnil

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

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The Department of Public Enterprises and Ministry have always acted in the best interests of the State. Many detractors and liars have attempted to cast doubts on the integrity of this process, but without any unassailable facts. The fact that the transaction did not proceed, is testimony to the fact that based on new valuations of the business and assets of SAA, if fair value was not attainable, then the transaction must be terminated.

There has been no “conflict of interest” or anything contrary to the findings of the Zondo Commission. It is precisely because the recommendations of the energetic implementation that vested interests and certain nefarious elements that this transaction and DPE have come under relentless negativity.

1. The initial Strategic Equity Partner (SEP) selection process required the parties to meet the following criteria:
   1. Strategic fit;
   2. Funding capacity;
   3. Operational experience in the private sector and track record;
   4. National interest; and,
   5. Executability.

The initial selection process did not yield the desired outcome as none of the interested parties met the above criteria. Towards the end of February 2021 the Department received further Expressions of Interest.

Four (4) parties were shortlisted and were subjected to a evaluation process and scoring. From the scoring, two proposed SEPs were shortlisted, namely Harith General Partners and Global Aviation which had partnered with Lift. They proceeded to the due diligence stage and concluded a Memorandum of Understanding (MOU) as a Consortium after both parties presented their intention to bid as a Consortium, Takatso Consortium.

The Department was satisfied with Takatso Consortium’s proposal since it met the Department’s requirements. Takatso had the requisite combination of financial and operational capabilities required for the successful relaunch of SAA.

(2)(a)(i) The deal was approved Cabinet.

(ii) Cabinet approved the deal since Takatso Consortium met Government’s selection criteria (financial and operational capabilities) and that the deal was in the best interest of SAA and Government as it would contribute to SAA’s financial and operational suitability.

(b) The consideration for sale of shares in SAA to Takatso was R3,000,000,051.00 (three billion and fifty one Rands).

(3) The SAA SEP transaction was approved by Cabinet having seen that the deal was in the best interest of the Republic. The deal would guarantee SAA’s future’s sustainability as government would not be expected to inject capital into SAA for operations.

It must be emphasised, once again, that notwithstanding the damage done to SAA by corruption in years prior to 2019, and COVID, induced shut down of borders across the globe and in South Africa, the revival of SAA and the search for a strategic equity partner has been undertaken in the national interest and with the approval of Cabinet.

Remarks: Approved /Not Approved/Comments

Melanchton Makobe P J Gordhan, MP

Acting Director-General Minister

Date: Date:

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The Pension Redress Programme was an initiative negotiated and agreed to by parties to the Public Service Coordinating Bargaining Council (PSCBC) through Resolution 7 of 1998. The programme aimed to address discriminatory practices by recognising non-contributory service as pensionable service for employees affected by past discrimination. The programme's implementation period started on 29 November 2002 and concluded on 31 July 2012, following PSCBC Resolution 3 of 2012, which set the final application deadline as 31 March 2012. The resolution of the programme was further defined under PSCBC Resolution 2 of 2018, which detailed the compensation methodology and marked the formal conclusion of the redress process for qualifying applicants.

Applications for the redress programme were submitted via the PSCBC. The Government Employees Pension Fund (GEPF) acted as the payment facilitator for the redress payouts but was not the initiating body of the programme. The decisions regarding the programme's commencement, operational framework, and conclusion were determined within the PSCBC framework, with the Government Pension Administration Agency (GPAA) responsible for processing applications and implementing payments. As such, the GEPF would not be able to comment on the reasons for the programme's conclusion beyond the PSCBC resolutions.

a) Applications received to date

The PSCBC received a total of 150,444 applications of which 72 335 applications were identified as qualifying for the redress benefit. An independent audit was conducted to ensure the verification process was complete, fair, and accurate. This process involved a detailed review to distinguish between qualifying applicants, error cases, and those not meeting the eligibility criteria. Following the completion of the audit process, 53,717 records were identified as qualifying applicants and 18,618 error cases were noted.

As part of the implementation process, the GPAA undertook a meticulous re-verification of cases against the resolutions and pensionable periods recorded on the administration system. This was to ensure the utmost accuracy and fairness in the redress allocation. This re-verification process led to various outcomes, including:

• Error cases initially identified that later met the qualifications for approval;
• Approved/Error cases that, upon re-verification, did not qualify due to overlapping pensionable service;

As a result of this thorough process, the total number of approved cases was updated to 58,324, with the initial 17,045 error cases undergoing further review. Hence a total of 75 369 applications have been processed to date.

b) Applications that have been finalised

Of the initially approved cases, 58,123 applications have been finalised and processed for redress. Of the error cases revisited, 5,982 (35%) were reclassified from error to approved, 6,348 (37%) remained as error cases, and 4,715 (28%) were determined not to qualify (DNQ), hence a total of 68 820 have been finalised.

c) Remain to be finalised;

As we continue to work towards the finalisation of the Pension Redress Programme, a small fraction of cases remains outstanding. Specifically, of the approved cases, 201 remain unresolved. Additionally, 6,348 cases have not been resolved due to their initial classification as error cases. A targeted approach has been implemented to address these error cases, involving the redistribution of error letters by the GPAA to facilitate departmental engagements and case resolutions.

Moreover, there are a small number of members who, despite applying within the stipulated timeframe, were not included in the final costing of the Redress Programme. These cases, while few, are being carefully reviewed, and are addressed on a case-by-case basis.

The GEPF is committed to concluding these remaining cases with diligence and fairness, ensuring every eligible member receives due redress.

(2) The GEPF cannot furnish details of the claim submitted by Ms Sheila Cathleen Lewis to a third party to maintain confidentiality as required by the GEP Law, PAIA and POPIA legislation. The GEPF has requested the GPAA to investigate the matter and will advise Ms Sheila Cathleen directly.

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Reply:

South Africa has made considerable progress in the past 30 years in rebuilding a society deeply damaged by apartheid and colonialism.

I am informed by the Department that the normal events of the Department, including end of Administration report-backs and meetings, will be an opportunity to also reflect on progress made during the 30 years of the democratic era. Accordingly, there is no separate budget as no events specific only to the celebrations are planned.

We will proudly carry the logo of 30 Years of Democracy in publications and presentations of the normal work of the Department and the story of progress made will be communicated in the messages of the Ministry and Department.

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