Questions and Replies

Reply:

(1). A number of universities and museums in the public and private sectors are in possession of human remains. The Department of Sport, Arts and Culture has developed the National Policy on the Repatriation and Restitution of Human Remains and Heritage Objects to deal with this issue. As part of the implementation of this Policy, the Department, together with the South African Heritage Resources Agency is establishing the Repatriation and Restitution Office (RRO), which will directly deal with the repatriation and restitution of human remains and heritage objects. Additionally, the Minister has appointed an Advisory Committee that will provide expert advice on this matter to the RRO and the Department.

2. The Ministry has been advised of the Stuurman family dispute and is being regularly updated on the developments. In December 2021, the Minister wrote to the University of Cape Town and asked the University to ensure that all the Stuurman family members be involved in the reburial of the Sutherland 9 human remains, and in particular, that the House of Klaas and Dawid Stuurman as represented by Mr. Edmund Stuurman is part of the decision making about where the remains are to be buried.

Reply:

(1). Robben Island Museum (RIM) does not have any records of Christian Albrecht Groepe who is said to have died on 7 August 1904, (a) and (b) falls off as there are no records of the said person.

Reply:

1. The CEO was suspended on 27 February 2021.

2. The disciplinary hearings of Ms. Mangope commenced in December 2021. Prior to the conclusion of the hearings, Ms. Mangope and the NAC agreed to part ways amicably. The disciplinary hearing of the CFO is ongoing.

Reply:

Reply:

Reply:

a) The two events were scheduled to take place in KwaZulu Natal and the Eastern Cape

b) A call centre has been established to assist creatives and athletes around the clock as they require assistance with the services provided by the Silapha Wellness programme. Different social media platforms have been provided where artists and athletes are able to interact with experts in the area of mental health; financial management etc.

Interventions were also made through the Silapha Ambassadors who use their social media platforms to engage the creatives and athletes on the work done by Silapha and for them to ask questions and get direct response/assistance from Silapha counsellors.

Reply:

The hosted 4 social media interventions on spaces; in November and December 2021; were over and above other social media activities that help to drive traffic to the call centre during Covid-19 pandemic Lockdown. See below table on numbers as of end of April 2022:

Reply:

1. a) The selection criteria was based on the relevance of the experience each ambassador endured that speaks to the mandate of the programme. Their social media following was also taken into consideration, to leverage on it to reach out to as many practitioners as possible.:

(b) & c)

Penny Lebyane - She spent most of her years struggling with the art industry challenges, openly discuss her mental illness struggle, she was in psychiatric ward for her mental illness. A committed activists for women’s rights in the arts, she's also an ambassador for other wellness programs  and  organizations and a Radio 2000 host, her show focuses on wellness. Social Media: Face Book - 201 000; Twitter - 244 000; Instagram - 172 000.

Portia Modise -  A champion for the LGBTQ+ community, An openly gay women, a committed community activist  with her foundation . Portia Modise Foundation that is helping young girls through challenges of life and developing their football skills. Soon to launch her Book "From Portia with Love" where she discusses all the women challenges in football and the LGBTQ+ Community. Social Media: Facebook - 26 084; Twitter - 3 185; Instagram - 4 441.

Dawn King - A champion for mental illness and GBV movement, a motivational speaker in her own right, as well as a spiritual healer. A GBV survivor and an activists. Host her own podcast show, dealing with Mental illness and the business of the arts. Social Media: Facebook - 1 194 809 Twitter - 261 000 Instagram - 1 900 000

Gigi Lamayne - She suffered with depression for many years and was once admitted in hospital because of it. She went on to say that her difficult upbringing had detrimental effect in her life and not having a mentor in life and as an artist. In one of the interviews she credited the help and counselling she received during the ordeal. Youth Activist that encourages artist to seek counselling if needed. Social Media: Facebook - 736 715; Twitter - 334 000; Instagram - 592 000

Jabu Mahlangu - Formerly Jabu Pule, a former great player, that has been and done it all from alcohol addiction to drug addiction. Currently an Ambassador for Super Sports, teaching young people about dangers of drugs and alcohol. A great motivational Speaker. Social Media: Facebook - 6 938; Twitter - 47 200; Instagram - 114 000

(d) Each ambassador was paid R35 000.00 for a period of 5 months= to R175 000.00 per ambassador

2. The selection criteria as per the TORs was not based on race, sexuality, language or province but rather on the relevance of the experience each ambassador endured that speaks to the mandate of the programme.

Reply:

Cricket SA has responded to the questions as follows:

The total cost of the entire process has not yet finalized, once that is done Cricket South Africa will furnish the Honourable with the relevant amounts.

Reply:

The processes of renaming of geographical features in South Africa is set in motion by applicants who may be at local authorities like municipalities, government agencies and individual South Africans who wish to propose a geographical name change.

This process is provided for in terms of the South African Geographical Names Act 118 of 1998. Such individual, authority or entity may approach the municipality under which the feature proposed to be changed falls so that public consultations can be organized.

Reply:

The social justice and nation building SJN hearings were confined to Cricket South Africa only.

Reply:

My Department and the Entities reporting to me have not concluded any commercial contracts with the Russian Federation since 01 April 2017.

Reply:

In terms of Section 13 (5) (b) (ii) of the National Sport and Recreation Act, the Minister is debarred from involvement in matters of administration in sport. Therefore, the Minister cannot pronounce on whether there is a conflict of interest because this is an administrative matter for SASCOC to manage.

Reply:

It is important to note that the Silapha Wellness programme renders a 24 hour Call Centre services with costs paid monthly. It is therefore misleading to equate the amount spent to only the number of the beneficiaries assisted as the total amount spent is made up of the following elements:

-The expenses of executing the outreaches, equates to the biggest percentage spent. Other costs are the monthly payment of the ambassadors; the monthly costs of running social media platforms and other media & PR expenses, as well as the branding and merchandise expenses for marketing. All these are accounted for as per the contract that the service provider entered into with the Department.

Reply:

Silapha did not play any mediation role on the matter.

Reply:

(1). The Department of Sport, Arts and Culture provides prescribed targets and guidelines to employees as per the DPSA guidelines. The National Targets are at 2% and the Department is at 2.4% People with disabilities in DAC/ DSAC as from 2019 are as follows:

The need for 2% persons with disabilities remained constant.

Reply:

The Department of Sport, Arts and Culture (DSAC) bought the Downtown Music Hub equipped with high standard studios as part of addressing a challenge for artists who could not have access to proper facilities and artists who could not access facilities easily. The Department has assisted this facility in ensuring that there are artists developmental programmes that are in–house serving to develop; empower and provide artists with opportunity to enhance their art.

The Department is currently; as part of implementation of the Revised White Paper on Arts; Culture and Heritage developing a music strategy which seeks to advance the young music business entrepreneurs country–wide. This is currently an on–going consultation process with the music sector.

Further the Department continues with its program of creation of spaces in different provinces which is also intended for enhancement of the creative industries. Over and above these initiatives; the Department is implementing both the Presidential Employment Stimulus Program and the Mzansi Golden Economy strategy which are programs geared towards supporting artists and expansion of the Cultural and Creative Industries.

Reply:

1. (a) SASCOC has responded to indicate that as guided by the SASCOC Safeguarding Policy and Case Management Flow Chart, any cases lodged must adhere to the internal due process as per the determined jurisdiction over reported concerns. Therefore, please be advised that cases are dealt with by the National Federation. SASCOC in most cases is just being made aware of such. (b) SASCOC requests more time to collect information and clarity on specific cases whilst contacting the National Federations concerned.
2. As indicated above, SASCOC requests more time to get more information and clarity with the National Federations concerned.
3. SASCOC has indicated that there is no new signed safeguarding policy, however they are currently reviewing the existing one.

Reply:

The South African Football Association (SAFA) is still processing the response to the question, once done they will respond to us.

Reply:

The South African Football Association (SAFA) is still processing the response to the question, once done they will respond to us.

Reply:

1. The list of largest cultural festivals that were supported in the past two financial years are listed below:

Reply:

As indicated in the response to 1673, the status still obtained.

Reply:

The Stadiums are not closed off to spectators.

In October 2021 the Minister issued the Directions based on sub-regulations (10) (11) and (12) to Regulation 69 which stipulated that spectators at sports events are allowed but limited to 750 indoors and 2000 outdoors and, that if the venue is too small to accommodate the numbers without adequate social distancing, then not more than 50% of the capacity of the venue can be used.

In addition, the President of the Republic of South Africa announced that Stadiums would from 23 March 2022 be allowed to have spectators up 50 percent of the capacity of the venue.

Reply:

1. The list of music and art festivals has been attached with specific amount per each financial year.

(See annexure A)

Annexure A :

Reply:

No, the Department has not deposited the R7 million into the Liliesleaf Trust Account. However, the R7 million was transferred into the account of Freedom Park to assist Liliesleaf with its financial crisis. The funds were paid into the account of Freedom Park because the Liliesleaf Board is still implementing the recommendations of the Board’s investigation on the funding that it had received in 2015.

Reply:

Yes, I have been informed about the suspension of Mr Nicolas Wolpe by the Liliesleaf Trust Board. The suspension was based on a forensic investigation report that was launched by the Board on the misappropriation of funds at the Liliesleaf Museum.

Reply:

Yes, a turnaround strategy is being implemented by the Liliesleaf Board to permanently remedy the crisis in Liliesleaf. Furthermore, a team comprising the Department, Liliesleaf Board and Freedom Park is implementing a process towards the declaration of the Liliesleaf Museum as Cultural Institution in accordance with the Cultural Institutions Act, 119 of 1999.

Reply:

1.(a) The total number of libraries in the Kamiesberg Local Municipality is thirteen (13).

(b) The libraries are situated in the following towns: Garies, Hondeklipbaai, Kamasies, Kharkams, Koingnaas, Leliefontein, Paulshoek, Rooifontein, Soebatsfontein, Spoegrivier, Kamieskroon, Kheis, Tweerivier.

2. (a) (i) The total number of libraries that are still functioning is twelve (12).

(ii) One library is not functional, Kharkams School Library.

(b) Kharkams School Library is not functional yet but the Northern Cape Provincial

Department will be making provision to operationalise it in the next financial year.

3. The following is the (i) staff allocation in each library and (b) breakdown of the (i) salary of each staff member and (ii) total salary component towards libraries in the specified municipality:

4. (a) The grant allocation to municipalities in the past five financial years were as

follows:

(b) The expenditure of libraries in the municipality compare with the money allocated

towards municipalities in the specified period:

Reply:

As indicated in the response to 631, the status still obtained.

Reply:

1. The project was not handed over to the department, instead both the departments agreed on a co-management arrangement, intended to improve, structure and formalise a monitoring role of the Department of Sport, Arts and Culture in all stages of the project. The details of this co-management, including roles and responsibilities of each party, are set out in the draft Memorandum of Agreement to be signed by two departments as well as the Terms of Reference for the Joint Project Steering Committee to be set up.

Reply:

The South African Rugby Union (SARU) has indicated that they require additional time to respond to the question.

Reply:

The South African Rugby Union (SARU) has indicated that they require additional time to respond to the question.

Reply:

(a). Primarily, I would like to correct the wrong perception that the Culture Promotion Act, Act 59 of 1998, gives me the power and discretion to, without Treasury approval, provide funding to independent institutions, which meet the goals, objectives and vision of my Department. The Act should be read in concurrence with the requirements of the Public Finance Management Act (PFMA), which regulate financial management in all national government departments and other state organs, to ensure that the persons who are entrusted with public service responsibilities manage all public revenues efficiently and effectively. Section 38 of the PFMA requires all government entities to put and maintain proper systems in place for effective, efficient and transparent financial management.

In line with the requirements of the PFMA, my Department has developed internal policies to guide on how its mandate is delivered, and this includes funding policies. Guided by our legislations and policies, we always strive to improve our chances of achieving the desired result - thus our business strategy and/or mandate.

Reply:

1. My Department is not aware of the Auditor General’s Report on the possible misuse of funds by this Department. The information on the names of people who sit on the Provincial Structures of Basketball SA is attached.
2. The Department has not paid any funds to the Provinces towards the implementation specifically of basketball activities.

Reply:

1. (a). The names of the Heritage Festivals (defined as Arts, Culture and Heritage Flagship projects) are contained in the table below.

(b). Through a MinMEC decision taken in 2013, DSAC allocates an amount of R4 000 000 per province. Provinces are then tasked with identifying the Festivals and the implementing agents. Please note that not all festivals identified by the Provinces are Heritage festivals. Also, note that the DSAC funds proposals from independent organisations for Heritage Themed Festivals through the MGE Open Call; category of Cultural Events.

2. (a) (b) & (c). The table below reflects the Arts, Culture and Heritage Festivals that have received multiple-year grants; and these are geared towards supporting and encouraging social cohesion and nation building while contributing to the growth of the cultural and creative industry; creating platforms for artists; and contributing to audience development.

Please refer to the response to question 1203.

Reply:

1. My Department does not support the conduit organisations, but offers grant funding to beneficiaries that will implement their projects directly. This is to mitigate the risk of smaller developmental organisations not growing their capacity and becoming independent. The Department’s Funding policy and Mzansi Golden Economy guidelines are clear on individuals who are multiple directors in various organisations, as it is not allowed. The Department verifies all the directors of each organisation supported if they are not office bearers of other organizations through a tool provided by the Department of Public Service and Administration (DPSA).

Reply:

The South African Sports Confederation and Olympic Committee in its response indicated the following;

1. a) Project Flamingo was a code name for the investigative process conducted by Norton Rose Fulbright (NRF) on behalf of the SASCOC Board. NRF chose the name.

b) The name of the investigation was first mentioned in an email by NRF on 24 July 2017.

2. a) The investigation, code-named Project Flamingo, was set up to investigate and report on the conduct of the Former CEO.

b) The investigation, code-named Project Flamingo, was set up to confidentially investigate and report on the conduct of the former CEO.

c) There are no beneficiaries.

d) There was and is no bank account for the confidential investigation by NRF, code-named by NRF called Project Flamingo.

3. Constitutional and legal prescripts and requirements were followed. The confidential investigation which NRF code-named Project Flamingo, was established on the legal advice and guidance, provided by NRF as part of the investigation into the conduct of the former CEO. The CCMA Case is still pending and the report remains confidential.

Reply:

In 2018, there was no Department known as Sport, Arts and Culture, such information I will not have.

Reply:

1. A lists of beneficiaries whose payments were rejected by their banks and those who could not be reached were published on the Department’s website in December 2021; requesting them to contact the department to make necessary corrections. Only six (6) out of the twenty-eight (28) beneficiaries of the bank rejections came through and they were paid.

Out of the sixty-six (66) beneficiaries who could not be reached, only eight (8) came forward and were paid.

2. The funds were not reallocated as they were meant for a specific purpose and limited to a specific financial year.

Reply:

a) It should be noted that the allocation of funds to sport federations is based on their applications detailing the programmes and projects they intend to implement. The amount of funds allocated to Swimming South Africa for the financial year 2020 / 2021 and 2021 / 2022 was R4,015,831.81 and R4,500,000 respectively.

The funds allocated to Surfing for the financial year 2020 / 2021 and 2021 / 2022 was R562, 573.14 and R625, 000 respectively.

b) My Department continues to work with and support Swimming South Africa and Surfing South Africa in terms of the programmes and projects they submit to the Department as part of their Grant Applications. The Department has a Provincial Sport Programme, which is being implemented in conjunction with the Provincial Departments responsible for sport, arts and culture.

Reply:

We are still verifying information; we will revert to you as soon as it has been finalised.

Reply:

1. It is incorrect to say that the Department funded lawyers to litigate against the ZM Makeba Trust. We were approached by the family through the Miriam Makeba Foundation (NPC), to assist to resolve the dispute on the intellectual property of Mama Miriam Makeba. Following failed attempts, it was clear that the judiciary could only resolve this matter, and the Foundation then took the matter to the court. The Foundation later approached the Department for financial assistance to employ the services of the lawyers. Accordingly, the Department entered into an agreement with the Foundation and not with the lawyers. This perception that we wanted the lawyers should be corrected.

1. Yes. The Department was established with the key mandate to provide, inter alia, clear leadership in the art, culture and heritage and to accelerate the transformation of the arts and culture sector.

In addition, the Culture Promotion Act (CPA) as amended, provides inter alia that the Minister may in order to develop and promote arts and culture in the Republic provide such other services as are necessary or expedient, or subsidise or finance the provision of services by any person (see section 2(1)(b)(vi)). It was for this reason that we saw it fit to assist in this matter, given our mandate.

Reply:

The Honourable Member speaks of the legal opinion which we do not know. We have not received as such.

Reply:

As responded in question 776. The status quo remains.

Reply:

1(a)(i). The Department had one case/ incident of sexual harassment handled by the Directorate: Human Resources Management.

(ii). To date no case/ incident of Sexual assault has been reported in the Department.

(aa). The Department had only one (01) case of sexual harassment and no case of sexual assault reported during the past three financial years and;

(bb). The Department had no cases of sexual harassment and sexual assault reported since 1 April 2021.

(b)(i). One case of sexual harassment was opened and concluded.

(ii) No case of sexual harassment and sexual assault was withdrawn.

(iii) No case of sexual harassment and sexual assault remains open and pending based on the incidents.

(c). No disciplinary hearing sanction pronounced or meted out; the alleged employee resigned whilst the disciplinary hearing was still in progress.

Reply:

1. At the onset, it should be indicated and made clear that the Makeba matter has never been about funding litigation between warring factions. From its inception, the Makeba project has been about the protection and preservation of the intangible heritage of the Makeba legacy as per the mandate of the Department. Amongst other issues, this was the resolution of the dispute between Trustees on the one hand, and Beneficiaries of the ZM Makeba Trust, on the other hand concerning the ownership, protection, and preservation of the Makeba legacy. Miriam Makeba was a national figure, and her legacy remains a national heritage.

2. Yes, this was the right way of protecting the national heritage and legacy. Section 2 of Culture Promotion Act (CPA) gives the Minister express discretionary powers to finance any organisation or project - whose objectives are likely to have an impact throughout the country. In this regard, it was the Minister’s privilege to exercise discretionary powers in deciding whether the objectives are likely to have the needed impact. In this event, my office decided accordingly that this matter would have a national impact and should therefore be addressed.

Reply:

1. (a). PACOFS took the matter on review because the award was made without the employer being given an opportunity to present its case. This matter is still on going.

Reply:

(1). The investigations of Irregular and Fruitless & wasteful expenditure by Morar Inc and Bonakude. were completed on the 11th September 2020

(2). Yes, the recommendations of the Morar and Bonakude forensic report have been implemented by referring the matters to HR to institute disciplinary procedures against identified officials.

(3). 15 officials implicated have since been issued with warning letters. Recommendations could not be implemented for officials who were no longer in the department when the report was finalised.

Reply:

(b). Number of cases: CCMA: two (02); Labour Court one (01)

(c). CCMA: Case1: Dismissal for misconduct

                    Case 2: Dismissal for gross misconduct

Labour Case 1: Dismissal for gross misconduct.

Reply:

My Department has not made any engagements with the Rharhabe Royale House nor the Royal House contacted the Department regarding the 150th anniversary of the death of Chief Maqoma.

a) However, the Department has through its agency; the South African Heritage Resources Agency in January 2019 completed the construction of a memorial wall in commemoration of Chief Maqoma, Ntaba Ka Ndoda. The gravesite is not a Declared Site in accordance with the National Heritage Resources Act (Act 25 of 1999) and as such, its management remains under the custodianship of the province, and local authorities. SAHRA will engage the Rharabe Royal House on the purpose of grading the grave.