Questions and Replies

Reply:

Yes, customs officials performed their duties in the presence of members of the South African Police Service (SAPS) and Border Management Authority officials.

END

Reply:

The World Directory of Medical Schools is a product of partnerships between the World Federation for Medical Education (WFME) and the Foundation for Advancement of International Medical Education and Research (FAIMER) a member of Intealth. These organizations do not control nor monitor training at medical schools.

The WFME is a global organization concerned with education and training of medical practitioners. It is a private non-profit organization developed to share ideas on education and training of medical doctors among between institutions, who wish to do so. It does not regulate the standards of education and training of practitioners across the world. The listing of qualifications in the World Directory of Medical Schools does not imply that the standard of training is assessed for comparability; neither does it confer portability of a qualification across international borders for the purposes of practicing medicine.

The Health Professions Council of South Africa (HPCSA) is a regulatory body, which has a mandate of protecting the interests of the public in the Republic of South Africa. The HPCSA, is empowered by section 15B (c ) of the Health Professions Act to: “upon application by any person, recognize any qualification held by him or her (whether such qualification has been obtained in the Republic or elsewhere) as being equal, either wholly or in part, to any prescribed qualification, where upon such a person shall, to the extent to which the qualification has been recognized, be deemed to halt such prescribed qualification’’.

The HPCSA through its relevant board (The Medical and Dental Professions Board) controls the entry into the labour market of all who wish to practice medicine and related disciplines in the country (South Africa). When the HPCSA grants a license for an individual to practice medicine under its jurisdiction, it implies that such an individual is deemed competent to enter the profession.

The challenge arises when a prospective registrant presents a qualification obtained from a foreign country. The HPCSA has no mechanism of quality assuring medical training in foreign jurisdictions. The only means and process which comes close to evaluating the training environment and the standard of a qualification is to scrutinize the documents submitted by a potential registrant.

This provides limited information about the standard of training obtained in foreign countries. The evaluators can only attempt to infer from the limited information they have at their disposal as to what level of competency the qualification confers on the holder. It can be expected that other regulators around the world face similar challenges when they are presented with similar situations.

To get around these problems, the South African Qualification Authorities (SAQA) and quality assurance bodies have developed an outcomes-based approach in describing abilities conferred by qualifications on the holders. There are other countries around the world such as the United Kingdom, Australia, New Zealand, the United States, and many other European Union countries, which have adopted the same system of describing their programmes, degrees, and qualifications. “Learning outcomes are statements of what a student is expected to know, understand and/or be able to demonstrate after completion of a process of learning” (ECTS Users Guide, p 47).

1. The current implemented systems and/or processes of streamline the process to ensure smooth transition for foreign graduates/ graduates trained outside the republic of South Africa is working well and is not being changed nor replaced.
2. The HPCSA is committed to a turnaround time of 90 days to finalise an evaluation of each programme received. Where the need arises, additional meetings by the Programme Evaluation Team can be arranged to avoid unwanted delays.

END.

Reply:

(1) What are the reasons that she appointed certain persons (names and details furnished) as board members of SA Tourism after she was advised not to appoint them by the Portfolio Committee on Tourism?

The appointments were made in accordance with Section 13 (b) of the Tourism Act, 2014. The said appointments were made prior to the Department’s appearance before the Portfolio Committee meeting which the Member is referencing.

(2) Whether she has found that this is direct nepotism and capturing of the SA Tourism Board by a certain party and a certain company (names furnished)

No, there is no nepotism and capturing of the SA Tourism Board. The Board members are appointed in Non-Executive positions.

Reply:

According to the South African Health Products Regulatory Authority (SAHPRA), the Regulatory Compliance inspectors conducted investigations of which terms of reference were based on the Medicines and Related Substances Act, 1965 (Act No. 101 of 1965) as amended, read with Medical Devices Regulations relating to Medical Device establishment licensing and the distribution (that include sales) of medical devices including In Vitro Diagnostics (IVD’s).

The investigations included amongst others, meeting with Tembisa Hospital Executive management, visiting the addresses of referenced businesses, meeting with Directorate for Priority Crime Investigation (DPCI) and the Special Investigating Unit (SIU).

All the stock at hand supplied by the unlicensed companies found at Tembisa Hospital was seized by SAHPRA inspectors during the investigations. The Regulatory Compliance inspectors finally deposed multiple affidavits as evidence for contravention of the Act and the Regulations referred to above. The matter is currently handled/managed by the DPCI and the National Prosecuting Authority (NPA).

The latest update received is that based on the SAHPRA inspectors’ evidence in the form of the affidavits, the DPCI conducted raids of the alleged suppliers of medical devices and that more raids and arrests are imminent.

END.

Reply:

All arrested offenders must appear before a lower court within 48 hours. During the first appearance, when an accused is brought to court in custody, the court must determine if the accused can be released from custody, either on warning or on bail. It is seldom that accused offenders with minor offences will not be released on bail or on warning.

The enquiry done by the court to decide on the release of an accused offender with minor offences, most of the time, consists of oral addresses by the prosecutor and accused offender or his/her legal representative. The court will only hear oral testimony under oath in cases where the State objects to the accused offender to be released on bail, and these will be in cases where more serious offences are involved. The applications for bail in minor offences are thus not impacted by loadshedding, as no oral testimony under oath must be heard by the court.

Even in extraordinary cases, if the court is required to hear oral testimony during a bail application where it relates to a minor offence, these cases receive preference and will be heard during time available in court outside of the period of loadshedding.

Reply:

Please note that the national Department of Basic Education does not appoint health workers to schools, but the respective provincial education departments (PEDs) do. The Hon Member may refer the question to the relevant province for response. 

Reply:

The impact of the Protocol on Intellectual Property Rights and the agreement at the World Trade Organisation on waivers and flexibilities relating to pandemic use of patented vaccines are being considered. Should no changes be necessary, the Bill will be finalised for public consultation. Should changes be necessary, these will be effected prior to the release of the Bill.

-END-

Reply:

The National Department of Health is determined to implement National Health Insurance (NHI) as the only viable and sustainable intervention to effectively transform the South African health system into one that offers equitable, accessible, affordable and quality health care to all irrespective of their social or economic status. A tiered approach to the provision and access of needed health services is contrary to the values of the Constitution, specifically the rights of every South African as enshrined in the Bill of Rights.  

Concerning developments around the Low Cost Benefit Options (LCBOs), the Council for Medical Schemes (CMS), the statutory body responsible for regulatory oversight of all duly registered medical schemes, issued Circular 13 of 2023: Update on the status of the Development of LCBO Guidelines dated 28 March 2023. This Circular provides an industry update. In this Circular, it was indicated that through a series of industry consultative meetings initiated in 2015 with key government departments, regulatory entities and industry stakeholders, three Advisory Committees supported by technical work-streams were established by the CMS to work on developing draft LCBOs guidelines. The Committees produced the LCBOs Framework Report and Risk Assessment & Roadmap, together with the proposed LCBO guidelines, which were published in Circular 53 of 2022 for public comments and inputs.

Subsequently, at the request of stakeholders and other interested parties, Circular 57 of 2022 was issued, notifying the public of an extension for submitting comments. At the end of the public comments period, 44 submissions had been made to the CMS. The comments and inputs primarily covered three core areas, namely (i) legal and compliance matters; (ii) benefits and pricing issues; and (iii) the market and affordability of products.

The CMS is at the tail-end of thoroughly evaluating all comments so as to finalise the LCBO guidelines and recommendations. It is also crucial that appropriate policy options presented to the Ministry of Health are adequately evaluated and assessed to ensure they do not conflict with the purport, object and intent of the Medical Schemes Act, Act 131 of 1998 and the Department’s policy priorities, especially in relation to the phased implementation of NHI. To this effect, the CMS established an Internal Working Committee consisting of key business functions to provide further inputs on the recommendations of the Advisory Committee.

The purpose of the Internal Working Committee was to provide an independent and informed view on industry issues to the Minister of Health as per Section 7 of the Medical Schemes Act, Act 131 of 1998.

It must be noted that there is no intention for LCBO to be integrated into the NHI environment. Instead, the intention is to create an integrated health financing system that prioritises the health of all South Africans through ensuring access to a comprehensive set of personal health services. Within such a system, medical schemes would only play a complementary role as suggested in Clause 33 of the NHI Bill that is currently serving in Parliament. 

END.

Reply:

1. (a)(b)The National Department of Health does not record the data of healthcare workers that emigrate and therefore is unable to provide records of healthcare workers that emigrated in each year since 2019.

2. The table below provide data on medical staff that were hired (i) nationally and (ii) in each province due to the Covid-19 pandemic (aa) (bb) during the financial year 2020/2021 and the (b) number of contracts that have been terminated during the financial year 2020/2021.

2020/21 Summary Medical Related Professionals appointed and terminated during the financial year 2020/2021
	Sum of Appointments (Permanent and Other)	Sum of Terminations (Permanent and Other)
Eastern Cape	5232	3257
Free State	2264	1314
Gauteng	9367	4758
KwaZulu Natal	8620	5580
Limpopo	20274	14970
Mpumalanga	1990	1248
Northern Cape	983	661
Western Cape	5076	3751
Grand Total	53 806	35539

 

The table below provide data on medical staff that were hired (i) nationally and (ii) in each province due to the Covid-19 pandemic during (cc) the financial year 2021/2022 and the (b) number of the contracts that have been terminated during the financial year 2021/2022

2021/22 Summary Medical Related Professionals appointed and terminated during the financial year 2021/2022
	Sum of Appointments	Sum of Terminations
Eastern Cape	8403	7628
Free State	2615	1753
Gauteng	8079	6899
KwaZulu Natal	6608	5031
Limpopo	2845	2808
Mpumalanga	1625	1373
Northern Cape	591	728
Western Cape	4065	3594
Grand Total	34 831	29 814

END.

Reply:

No.

Only six SOEs fall within the Department of Public Enterprises mandate. A large number of SOEs are the responsibility of other departments.

The following are some of the steps taken by the SOEs to fight corruption and stabilize their finances and operations:

Since 2018, the department has launched initiatives to eradicate fraud and corruption in the SOEs. This includes holding perpetrators of state capture and corruption to account. Progress to date in fighting corruption is as follows:

1. Eskom

• 1. Contracts amounting to R14.7 billion were subject to state capture.
  2. R4,8 billion is being claimed against former contractors and Eskom’s former directors.
  3. Eskom and SIU successfully recovered R2 billion unlawfully paid to contractors.
  4. Eskom has opened 11 criminal cases for investigation by law enforcement agencies with the view to ensure that perpetrators of state capture are prosecuted.
  5. 2 cases of corruption are before the courts, one relates to ABB and another one relates to former Acting GCE Mr. Koko.
  6. Consultations with CIPC and law enforcement agencies are unfolding to imminently launch director delinquency proceedings against 13 former directors of Eskom.
  7. 25 names of former senior executive of Eskom have been identified for inclusion into a state-wide central database of officials implicated in state capture and other administrative corruption.
  8. A central database to be used to monitor that individuals do not resurface elsewhere in the state is being established.
  9. DPE’s complaint laid with IRBA resulted in Mr. Aaron Buyiswa Mthimunye being fined R5.1 million and being barred from practicing as an auditor for incorrect audit opinion in respect of Eskom’s 2016 audit.
  10. The complaint laid with SAICA against Mr. Anoj Singh resulted in him being barred from practicing as an auditor and fined 50% (exact figure not provided) of the costs of the disciplinary hearing.
  11. The MOI of Eskom was revised in 2019 and all board tender committees were done away with.

1. 12. SIU launched investigations into 14 coal transportation service provider concerning payments from 2016 to 31 January 2021.

• Five employees were suspended, one resigned during the interview with the investigating team and one resigned prior to commencement of the investigation.
• The official who resigned during the interview received R3.1m from one of the vendors under investigation.
• The SIU Tribunal issued an order in October 2021 to freeze R11.5m held in a bank account of an entity, which a senior Eskom official was a signatory, and the official was dismissed.
• 15 criminal cases are being investigated in relation to coal transport contracts.

1.13 Four diesel suppliers are implicated in potential wrongdoing are under investigation. SIU has referred 5620 matters to Eskom for institution of disciplinary proceedings as follows:

• 5464 for failure to submit financial declarations that are integral in preventing and detecting conflict of interest concerning the management of Eskom's resources.
• 135 for failing to declare or get approval for doing work outside of Eskom.
• 11 officials red flagged through lifestyle audits.
• 10 officials referred through whistle blower reports.
• 14 officials referred concerning findings from build contract investigations.
• 1 official in relation to coal transportation contract.

1.14 Contracts cancelled by Eskom as a result of SIU’s investigations:

• CSA - R6.955bn.
• Build contracts – R4.128bn.
• Total – 11.083bn.

1.15 Contracts declared invalid by the courts:

• CSA - R3.7 bn.

1.16 Savings/Losses Prevented

• CSA: Setting aside Brakfontein CSA – R2.684 bn.
• CSA: Cancellation of Koorfontein CSA - R5.550 bn.
• Build Contract matter before Dispute Arbitration Board (Stefanutti Stocks) - R400m.
• ABB: Prevention of future losses – R1.45bn.

1.17 Evidence referred to assist Eskom in Defence contractors' claims before the Dispute arbitration Board:

• Stefanutti Stocks R.6 bn.
• Tubular - R60m.
• Tenova – R300m.
• ABB – R1.45 bn.
• Total R3.41bn.

2. Transnet

• 1. The total value of tainted contracts identified by the Commission amounted to R41.2bn.
  2. Transnet successfully recovered R744m from CRRC and Liebher R1.181bn.
  3. Transnet opened 12 criminal cases for investigation by law enforcement agencies with the view to ensure that perpetrators of state capture are prosecuted.

1. 4. The value of contracts under investigation is as follows:

• Procurement of 1064 locomotives - R49,46bn;
• Liebherr crane contracts - R1,084bn;
• ZPMC crane contract – R961m.
• Regiments and Trillian advisory services contract - R1.49bn;
• Nedbank interest rate swaps transaction facilitated by Regiments that has cost Transnet R2.339bn payments and interest rate of around R531m and fees of R146m paid to Regiments;
• Neotel contract for installation of CCTV cameras in ports with potential civil recovery of R834m;
• Global Software Solutions (GSS) contract for wagon optimisation project amounting to R250m;
• Commission paid to GSS for facilitating the IT contract awarded by Transnet to SAP on a R165m contract; and
• Zestilor for cession of Transnet hardware from T-Systems to Zestilor contract valued at R154,2m.

2.5 Value of successful civil recovering:

• R18m paid to CRRC for an advanced payment made for spares that were not delivered; and
• R54m paid to Liebherr for the crane contract.

2.6 Transnet and SIU progressing with litigation to:

• Review and set aside of1064 locomotives contract and just and equitable relief;
• Review and set aside of ZPMC 1064 locomotives contract and just and equitable relief;
• Review and set aside Neotel CCTV cameras contract and just and equitable relief;
• Review and set aside Liebherr crane contracts where just and equitable relief sought is that the settlement agreement of Liebherr is just and equitable remedy;
• Claims of R521,37m against Trillian and Regiments (both in liquidation) and former Transnet officials related to the transaction advisory services; and
• CRRC interdict and forfeiture of CRRC funds in South Africa (SARS has executed against R4.9bn and it is unclear what will remain after tax assessments are completed).

2.7 The DPE is currently finalising consultations with CIPC with the view to imminently launch director delinquency proceedings against 25 former directors of Transnet.

3. South African Airways

3.1 Value of contracts tainted by state capture that are under investigation amount to R1.8bn.

3.2 10 criminal cases have been opened with law enforcement agencies for investigation.

3.3 SAA and SIU are progressing with launching of the following civil claims:

• ARR/JM Aviation – R1.bn relating to corruption between third parties, board members and employees of SAA;
• Recovery of R14m emanating from disposal of Ground Processing Units at a loss of R5.64m;
• Motion papers filed at Special Tribunal to set aside a contract and recover R85m plus interest pertaining to leasing of aircraft from FlyoFofa Airways;
• Airbus/Pembroke - R824m regarding tender irregularities and contract non-compliance issues on sale and lease back agreement of aircraft; Zonkesiswe/IEPS Protection Services – R985m regarding irregular payments and contract extensions.

3.4 R130m savings registered concerning cancellation of a contract amounting to R170m that was awarded irregularly to Ugandra/TATA (Tata Consultancy Services).

3.5 McKinsey (Sale of obsolete stock)- SIU facilitated civil reimbursement of R14m contract by McKinsey.

3.6  former director (Yakwe Kwinana) was fined R6.1m and barred from practicing as a CA subsequent to a complaint laid by the department.

3.7 The MOI of SAA was revised in 2019 to do away with all board tender committees.

4. Denel

• 1. Former board chairperson implicated in state capture referred to Law Society to prevent them from practicing.
  2. All recommendations of criminal contained in the state capture report are under investigation by law enforcement agencies.
  3. DPE is currently finalising consultations with CIPC with the view to imminently launch director delinquency proceedings against 9 former directors of Denel.
  4. Former director (Daniel Mantsha) referred to LPC for discipline.

5. Alexkor

• 1. State capture report currently being analysed and cases being prepared for referral to law enforcement agencies.
  2. All recommendations of criminal cases contained in the state capture report are under investigation by law enforcement agencies.
  3. DPE is currently finalising consultations with CIPC with the view to imminently launch director delinquency proceedings against 25 former directors of Alexkor.

In addition, many other initiatives are in place (e.g., the intervention of government to take part of Eskom’s debt onto the sovereign balance sheet) to stabilize the SOEs.

Remarks: Reply: Approved / Not approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to the information received from Eskom:

(1) At present, Eskom is engaging with both the Department of Health and the Department of Water and Sanitation regarding their points of supply in the Eskom supply area identified as critical. Once this has been completed, where possible, measures will be implemented to mitigate the impact of loadshedding as far as practically possible. Currently, Eskom exempts or partially exempts 25 public health establishments within its area of supply.

(2) Where a facility is deeply embedded in the network, partial exemption at lower stages of loadshedding has been granted. Eskom has concluded a preliminary assessment of establishing dedicated feeders for certain hospitals. This assessment has been shared with the Department of Health, and discussions on implementation are ongoing. A similar approach will be followed for other critical infrastructure.

(3)(a)(b) The implementation time is envisaged to take between 12 to 24 months, after the investment decision, depending on the type of solution and other factors such as environmental approvals and land acquisition. The impact on grid stability is minimal, as the System Operator will continue to balance demand and supply.

(4) The Minister has decided to file an urgent appeal to set aside the judgment. Therefore, the application by the Minister to appeal will suspend the operation and execution of a judgment of the High Court, pending the outcome of the application.

However, Eskom continues its endeavours to provide whatever relief is possible, given the design of the grid that the hospital or essential service is connected to. All of the above, is, of course, dependent on the total megawatts available from the generation system. It is the latter that is the fundamental cause of the current limitations on energy availability.

 

Remarks: Approved / Not Approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

1. The draft legislation had been prepared by the department for consideration. There were two processes that needed to be taken account of however, prior to Cabinet consideration of its contents. The first relates to the World ~Trade Organisation (WTO) discussions on flexibilities to international rules on intellectual property. The second was the discussions held under the auspices of the African Continental Free Trade Area (AfCFTA) on an African Protocol on Intellectual Property Rights.

Significant progress has been achieved on both, with conclusion on a WTO agreement covering vaccines, reached in June 2022; and finalisation of the AfCFTA Protocol in February 2023. The content of draft legislation can thus be evaluated against these changes in the global regulatory landscape by Cabinet during its consideration of the Bill, which is expected shortly. The legislation will be released for public comment within one week of approval by Cabinet.

2. Officials of the Department have not experienced external pressures from any trade entities from any country and no entity would be privy to the content of the draft legislation until same is released publicly.

3. It is intended that the draft Bill would be submitted to Cabinet shortly after completion of the process referred to in 1 above.

-END-

Reply:

1. (a) Community Prosecutors are seasoned legal professionals who engage with local communities and relevant stakeholders to address the public safety concerns of a local community. Therefore, the Community Prosecution Initiative is a partnership between prosecutors, communities, law enforcement, NGOs and local authorities.

Community Prosecution Initiatives engage the community to identify local public safety challenge, develop and implement solutions to address these concerns and/or community irritants.

The Community Prosecution Initiative takes a victim-centric approach, prioritising the needs of victims of crime and the most vulnerable. The initiative provides practical services to local and disadvantaged communities through awareness raising, developing lasting solutions to ongoing crime problems and partnering with community-based organisations, local government and the SAPS.

(b) Community Prosecutors assist communities in building safer neighborhoods by

jointly developing solutions on ongoing forms of public safety concerns, including serious and violent crimes. Community Prosecutors assist their court-based colleagues to prosecute more strategically by targeting crime syndicates, criminals and repeat offenders. In addition, this approach will also assist in removing less serious cases from the court rolls (by implementing solutions for community irritants) to allow for increased court time for serious cases to be dealt with.

Community Prosecutors work with relevant stakeholders to develop crime prevention interventions, focusing on quality-of-life crimes, while also engaging in public education and information programmes.

2. (a) Nine (9) out of eleven (11) posts advertised are currently filled. These

permanently appointed officials on Senior Public Prosecutor level, are responsible as provincial coordinators, to oversee current implemented sites, facilitate stakeholder cooperation, manage the identification and implementation of new sites (a minimum of 3 new sites per division for the current financial year) and ensure impact delivery of all sites.

There are also Community Prosecutors appointed on a rotational basis who do Community Prosecutions work, over and above their daily prosecution work. These rotational Community Prosecutors are managed and their functions co-ordinated by the permanent Community Prosecutors.

2(b) The following table depicts the Division, Office, Site and Community Initiative type currently rolled out within the NPA:

Division	Office	Site	Initiative
Eastern Cape	Gelvandale	Gelvandale	Gender-Based Violence and Substance Abuse
Eastern Cape	Motherwell	Motherwell	Substance & Drug Abuse
Eastern Cape	East London	East London	Liquor Outlets
Eastern Cape: Mthatha	Butterworth	Msobomvu	Gender-Based violence
Eastern Cape: Mthatha	Mthatha	Ngangelizwe	Gender-Based violence
Free State	Bloemfontein	Bloemfontein	Substance & Drug Abuse
Free State	Sasolburg	Sasolburg	Substance & Drug Abuse
Gauteng North	Mamelodi	Mamelodi	Gender-based violence
Gauteng North	Vaalrand	Brakpan	Gender-based violence
Gauteng South	Alexandra	Alexandra	Liquor Outlets
Gauteng South	Kliptown (Eldorado Park)	Kliptown (Eldorado Park)	Substance & Drug Abuse
Gauteng South	Johannesburg	Hillbrow	Substance & Drug Abuse
KwaZulu-Natal	Pietermaritzburg	Plessislaer	Reduction of Assaults
KwaZulu-Natal	Umzinto	Umzinto	Reduction of Assaults & Domestic Violence
Limpopo	Giyani	Giyani	Gender-Based Violence
Limpopo	Mankweng	Mankweng	Gender-Based Violence
Mpumalanga	Ermelo	Ermelo	Stock Theft
Mpumalanga	White River	Msholozi	Gender-Based Violence
North-West	Molopo District Court	Molopo	Stock Theft
North-West	Odi	Moretele	Stock Theft
North-West	Ikageng (Potchefstroom)	Klerksdorp	Stock Theft
Northern Cape	Kuruman	Kuruman	Gender-Based Violence
Northern Cape	Phutanang Kimberley	Galeshewe	Gender-Based Violence
Western Cape	Wynberg	Browns Farm	Gender-Based Violence
Western Cape	Bellville	Delft	Gender-Based Violence

These officials are currently located in the respective DPP offices in the divisions. Currently, there are 25 Community Prosecution Initiatives rolled-out within the NPA. Out of the 25 initiatives that are already confirmed and running, the majority relate to Gender-Based Violence (14) followed by Substance and Drug Abuse (5), and Stock Theft (3), Reduction of Assaults (1) and Liquor Outlets (2), respectively.

Reply:

a) (i)-(ii) 12.1 The Commission will refer this report and its findings to the Health Professions Council of South Africa (Health Professions Council of South Africa) and the complaints contained herein. The HPCSA guides and regulates health professions on all aspects pertaining to professional conduct and ethical behaviour. Thus, they ought to engage with this report on this matter as they have the necessary capacity to investigate the professional conduct and behaviour of the implicated health care practitioners.

Recommendation was supposed to be implemented by the Commission and not the Department of Health

12.2 The Commission will refer this report and its findings to the South African Nursing Council (SANC) and the complaints contained herein. The SANC guides and regulates nurses on all aspects pertaining to professional conduct and ethical behaviour. Thus, they ought to engage with this report on this matter as they have the necessary capacity to investigate the professional conduct and behaviour of the implicated health care practitioners.

Recommendation was supposed to be implemented by the Commission and not the Department of Health

12.5 The Commission will present this report as part of its petition to the SALRC for amendments to legislation that ensure consent is properly obtained such as counselling prior to consent, the timing of obtaining consent and compulsory information that must be provide.

Recommendation was supposed to be implemented by the Commission and not the Department of Health

b) (i)-(ii) 12.3 The NDOH, upon receipt of this report must interrogate and scrutinise the provisions of the Sterilisation Act and interrogate consent forms for sterilisations to ascertain whether the provisions contained therein provide for and protect the principle of informed consent in all respects. The NDOH must report to the CGE within 3 (three months) of receipt of this report as to what concrete steps the Department will take in order to ensure that the eradication of the harmful practice of forced sterilisation.

Date of implementation: November 2020

12.4 The NDOH, upon receipt of this report must facilitate dialogue between themselves and the complainants in order to for them to find ways of providing redress to the Complainants.

Date of implementation: 3-4 June 2021

12.6 The NDOH must revise consent forms to bring them into conformity with the guidelines provided by International Federation of Gynaecology and Obstetrics and standardised for all sterilisation procedures. The NDOH should also print consent forms in all official languages, and the explanation around the procedure, particularly its irreversible nature should be given in the patient’s language of choice. This must be executed and attested to;

Date of implementation: December 2022

12.7 The NDOH must make it an operational policy requirement that where a patient agrees to sterilisation, they must be given a “cooling off” period in order to fully appreciate the risks and consequences of their sterilisation procedure.

Date of implementation: December 2021

12.8 Standard timeframes should be put in place in relation to when the discussion around sterilisation should take place. Patients cannot be informed about this process minutes before going to theatre. Patients must also be informed that they are at liberty to change their minds at any time before the procedure takes place.

Date of implementation: December 2022

12.9 The DOH must ensure that their filing systems, both manual and electronic are standardised for ease of coordination. Feedback to the latter must be provided within 3 months from date of this report.

 

Date of implementation: Process is ongoing.

END.

Reply:

1. Between 2022 and 2023, new episodes of STIs increased from 358 060 to 385 657 nationally, according to our District Health Information System (DHIS).

2. (a) The transmission rate from mother to child has declined over the years from 0.55% for FY 2019/2020 to 0.44% for FY 22/23 . In the past year to date transmission is 0.44% (DHIS).

(b) The most contributing factors for MTCT include:

(i) maternal factors include elevated viral load, symptomatic disease, poor adherence to- and failure to use antiretroviral drugs during pregnancy and breast-feeding period;

(ii) obstetric factors are per-vaginal delivery, rupture of membrane;

(iii) neonatal factors are low birth weight, breastfeeding, prematurity;

(iv) Seroconversion during pregnancy and post-delivery, leading to viraemia which is the presence of the virus in the blood, if the mother is not on treatment.

(c) measures that the department implemented to ensure that the rate of transmission does not persist are:

• Offering HIV testing at every Basic Antenatal Care (BANC) (write in full please) visit and implement Test and Treat, as prevention of primary HIV infection;

• Educate patients about the unintended pregnancies in women of childbearing age. This includes making condoms available, and offering PreP to HIV negative women in pregnancy and post delivery, voluntary Male Medical Circumcision (VMMC);

• improvement of maternal viral suppression rates at delivery and in the post-delivery period through potent, well-tolerated antiretroviral regimens (TLD) as 1st and 2nd line therapy, strategic use of maternal viral load monitoring, linking of mothers to post-delivery HIV care and integration of mother-infant health care;

• provision of enhanced prophylaxis to infants of mothers with elevated HIV viral loads in the breastfeeding period, while every effort is made to regain maternal viral suppression;

• Supporting women with the safe childbirth practices and appropriate infant feeding;

• Making use of infant HIV testing and other post-natal healthcare services;

• Roll out of HIV and AIDS Treatment literacy.

END.

Reply:

The Compensation of Employees (COE) when compared to the allocated budget for 2021/22 financial year has shown a decrease of 0.3% (R458.4 million) in 2022/23 and a further additional 4.0% (R6.1 billion) decrease in 2023/2024 baseline.

This has negatively affected Human Resources Capacity in the Public Health Sector, and has forced Provinces to freeze/cut posts funded through the Equitable Share to avoid overspending in Compensation of Employees (COE). The situation was further aggravated by the cessation of the Covid-19 Grant budget as on 31 March 2023, which resulted in termination of employment contracts for employees employed through the Grant.

Currently, Provinces are unable to fill existing vacant posts, despite service delivery needs/demands. Instead, they (Provinces) are required to prioritize filling of posts across all levels of care within the available budget.

In order to mitigate the above, the Provincial Department of Health have introduced several interventions to address the shortage of health workers (i.e. amongst others doctors, nurses and general workers) in healthcare facilities, which amongst includes:

• Prioritisation of the posts in the Annual Recruitment Plan – where funding permits
• Prioritisation of the posts for conditional grant funding
• Filling of replacement posts considered and approved through Annual Recruitment Plan
• Provision of internship and community service programmes

a) In accordance with the PERSAL report below, extracted on 30 April 2023, the overall vacancy posts are 45 072 (i.e. 35 462 health related posts and 9 610 administration and support related posts) in the public health sector.

1.1 Health-Related vacant post (Occupational Groups) per provincial departments as at April 2023
	EC	FS	GP	KZN	LP	MPU	NDoH	NW	NC	WC	Grand Total
DEVELOPMENTAL PROGRAMMES	0	0	0	101	0	8	0	23	0	568	700
EMERGENCY SERVICE AND RELATED PERSONNEL	270	576	574	191	69	21	0	112	134	124	2071
ENGINEERING RELATED AND SUPPORT PERSONNEL	4	22	19	17	3	4	1	13	5	28	116
HEALTH ASSOCIATED SCIENCES AND SUPPORT PERSONNEL	575	1454	1769	1133	272	136	47	474	355	524	6739
MEDICAL SCIENCES AND SUPPORT PERSONNEL	421	719	1166	1077	678	152	10	197	111	341	4872
MEDICAL TECHNOLOGY AND SUPPORT PERSONNEL	15	324	44	38	5	2	0	6	1	11	446
NATURAL SCIENCES RELATED AND SUPPORT PERSONNEL	0	6	1	0	0	0	1	0	0	0	8
NURSING AND SUPPORT PERSONNEL	4		1264	107	20	8	0	0	0	0	1403
NURSING ASSISTANT	255	718	368	513	101	143	0	320	122	213	2753
PROFESSIONAL NURSE	2033	1616	3753	2832	731	506	1	710	325	561	13068
SOCIAL SERVICES AND SUPPORT PERSONNEL	1	44	26	35	2	4	0	13	6	33	164
STAFF NURSE	303	533	484	1014	186	246	0	142	57	157	3122
Grand Total	3881	6012	9468	7058	2067	1230	60	2010	1116	2560	35462

 

1.2 Admin Related vacant posts (Occupational Groups) per provincial departments as at April 2023
	EC	FS	GP	KZN	LP	MPU	NDoH	NW	NC	WC	Grand Total
ADMINISTRATIVE LINE FUNCTION AND SUPPORT PERSONNEL	191	443	882	739	44	163	60	300	195	339	3356
AGRICULTURAL RELATED AND SUPPORT PERSONNEL	6	28	72	34	26	18	0	57	1	0	242
ARTISAN AND SUPPORT PERSONNEL	53	225	3	251	48	3	0	19	19	101	722
COMMUNICATION AND INFORMATION RELATED PERSONNEL	16	5	18	8	0	0	3	16	0	19	85
ECONOMIC ADVISORY AND SUPPORT PERSONNEL	2	75	18	0	0	18	0	0	198	311
HUMAN RESOURCE AND SUPPORT PERSONNEL	1	14	124	212	0	1	9	52	1	102	516
INFORMATION TECHNOLOGY AND RELATED PERSONNEL	9	33	19	8	0	0	7	8	5	35	124
LEGAL AND SUPPORT PERSONNEL	1	1	2	1		0	3	1	2	0	11
MANAGEMENT AND GENERAL SUPPORT PERSONNEL	365	1060	662	893	311	481	86	264	74	40	4236
REGULATORY AND SUPPORT PERSONNEL	7	0	0	0	0	0	0	0	0	7
Grand Total	642	1818	1857	2164	429	666	186	717	297	834	9610

b) Even-though, the is a systematic process of approving funding and advertisements of posts by Accounting Officers (through the Annual Recruitment Plan) a further consultation with the Provincial Treasuries supersedes filling of vacant posts to avoid exceeding Cost of Employment (COE) budgets. It therefore not possible to mention a specific date but to alert that the filling of posts is prioritized across the Public Health Sector.

Reply:

1. The Minister did not conduct a site visit to Denel on 12 May 2023. On that specific week, the Minister was on an official visit to the People’s Republic of China. Site visits to operations of State-Owned Enterprises (SOCs) are part of the oversight mechanisms available to the Minister, Deputy Minister, and the Department to get a first-hand appreciation of the state of operations at each SOC and to interact with management and employees at the shopfloor level.

2. The primary purpose of the visit was not about inspecting weapons produced by Denel. The visit was part of the induction process for the Deputy Minister since his appointment in March 2023. The visit has given the Deputy Minister an opportunity to engage with management and employees of the Denel divisions and to visit the operations. The display of weapons on the day was the initiative of Denel to showcase the capabilities to the Deputy Minister and their relevance to national security.

3. Yes, all the weapon systems in the custodY of Denel are known by the Department. These are reported on in Denel’s Corporate Plan, Quarterly Reports and Annual Reports. Denel’s portfolio of weapons and weapon systems is regulated through the National Conventional Arms Control Act.

(4) Yes. Denel’s presentation outlined all the capabilities and product portfolio of the two divisions. Denel management confirmed to the Deputy Minister that Denel has not sold any military hardware or product to the Russian Federation.

The Ambassador of the United States to South Africa, has, in recent weeks, apologized for his unfounded claims.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

a) The failed transformer PAMS 65 that is referred to by the Honourable Mr Singh was replaced on Saturday 13 May 2023 according to the process where all customers who had tampered with their meters to avoid paying for electricity had paid the required fine and illegal connections had been removed. Important facts to note regarding this transformer are that some customers were found to have converted themselves to prepaid meters and had installed sub-meters; in such cases, the revenue does not come to Eskom.

Eskom never disconnected or suspended electricity to this area; however, the transformer overloaded and isolated itself due to overload caused by illegal connections, bypassed meters, and vandalism of the infrastructure.

Eskom is experiencing a very significant increase in transformer failures in residential areas due to meter tampering, illegal connections, and vandalism of Eskom’s infrastructure. Replacement of infrastructure without addressing the root cause has become unsustainable, costly, and unsafe for Eskom’s technicians and members of the public, specifically also innocent children.

In such cases, Eskom has an obligation to eliminate the associated safety risk before a transformer is replaced. The replacement of transformers without resolving the problem leads to repeated failures and unsafe conditions for our technical team and the community, and this is also financially unsustainable.

The existing infrastructure has been installed to cater for the supply requirements of Eskom’s legally connected customers.

(b)In addition to the Electricity Regulation Act and its licence conditions, Eskom is required to comply with, among others, NRS 047 Part 1: Quality of Service (“NRS 047”) and the Distribution System Code (“the Distribution Code”), attached to this as Annexures A and B, respectively, which regulate matters pertaining to unplanned supply interruptions. Clause 4.5.3 of NRS 047 regulates the restoration of supply after unplanned interruptions. Under “normal circumstances”, Eskom would be required to follow the restoration period provided in NRS 047. This provision must be read together with paragraph 18.4(1) of the Distribution Code, which requires customers to comply with instructions from Eskom before the supply of electricity is restored. Paragraph 3(1) of the Distribution Code, furthermore, states that Eskom is required to take remedial action to relieve any condition that may jeopardise the reliability of the Distribution system.

Therefore, before the transformer can be replaced and supply restored, an audit must be conducted, and the customers normalised. In line with the regulations and Eskom’s processes, community members who are found to have tampered with their meters are issued with tamper fines of R6 052.60 per tampered meter and all illegal connections are removed. Furthermore, at least 75% of customers legally connected to the transformer must be in good standing before the transformer is replaced. This is to ensure that the infrastructure on the ground will be able to cater for the required load.

Reply:

a) COVID-19 has always been category 1 notifiable medical condition. In the latest Notifiable Medical Condition list published in February 2023, COVID-19 is listed as part of the Respiratory disease caused by a novel respiratory pathogen under category 1.

b) The Notifiable Medical Condition list consists of conditions that are of public health concern and need to be put under surveillance for early detection and effective response in case of an outbreak, epidemic or pandemic. There is therefore no time duration of having a condition on the NMC list.

c) Any of the communicable notifiable medical conditions can have more than one variant of the causative agent, therefore it is not practical to amend or update the NMC list whenever a new NMC variant is detected. Information on emerging variants is shared in relevant platforms with public health stakeholders to facilitate clinical management of cases.

END.

Reply:

1. During the COVID-19 pandemic, there were no backlogs in the distribution of medication. Additionally, there have been no major supply chain challenges related to the essential medicines during the pandemic period.

2. During the pandemic period, patients on chronic therapy, including patients on antiretorvirals, received at least two months’ supply of the medication in an effort to reduce pressure on facilities. Additionally, patients received medicines via the CCMDD programme.

END.

Reply:

a) The Health Professions Council of South Africa (HPCSA)’s Registrar has informed the Minister that –

(i) 382 foreign-qualified persons applied for registration as medical practitioners;

(ii) 5 foreign-qualified persons’ applications were rejected during the period 2020, 2021 and 2022.

As per table below:

Year	Number applied and accepted	Number applied and rejected	Total
2020	116	0	116
2021	83	5	88
2022	178	0	178
Total	377	5	382

(b) (i) In 2020 – None were rejected;

(ii) In 2021 – 5 were rejected, because upon assessment, it was found that the universities where the 5 applicants studied did not meet the standard to be either equivalent or satisfactory compared to the South African standard for registrability;

(iii) 2022 – None were rejected.

END.

Reply:

1) As part of our contingency measures for the high utilisation of the OCGTs, additional offsite storage has been secured in Mossel Bay and in Cape Town.

(2)Eskom has experienced maintenance and engineering staff to address any failures at the OCGTs with the support of the Original Equipment Manufacturer.

(3)(a) and (b) The OCGTs can run at the anticipated load factors for an extended period. YTD for FY2024, the OCGTs are running at a load factor (GLF) of 22%. The OCGTs are expected to run at approximately 20% for the winter period, until the end of August 2023. The required OCGT load factors after this period will depend on the performance of the generation fleet and the demand

Reply:

The breakdown of the procurement allocation submitted by health public entities in terms of the percentages allocated to the indicated enterprises (i-iv) is provided in the table below, per the (aa) 2021-22 financial year and (bb) since 1 April 2023:

Enterprises Categories b (i-iv)	(aa) 2021/22	2022/23	(bb) Since 1 April 2023
	Percentage of allocation	Percentage of allocation	Percentage of allocation
South African of Medical Research Council
(i) Small, medium and macro enterprises	1%	1%	1%
(ii) Cooperatives	0%	0%	0%
(iii) Township enterprises	0%	0%	0%
(iv) Rural enterprises	0%	0%	0%
Council for Medical Schemes
(i) Small, medium and macro enterprises	63.13%	50.07%	48.45%
(ii) Cooperatives	0%	0%	0%
(iii) Township enterprises	0%	0%	0%
(iv) Rural enterprises	0.28%	1.10%	0%
South African Health Products Regulatory Authority
(i) Small, medium and macro enterprises	66%	84%	100%
(ii) Cooperatives	0%	0%	0%
(iii) Township enterprises	5%	1%	0%
(iv) Rural enterprises	0%	0%	0%
National Health Laboratory Service
For Requests for Quotations (RFQ) of less than R1m
(i) Small, medium and macro enterprises	37.9%	61.5%	71.7%
(ii) Cooperatives	0.0%	0.0%	0.0%
(iii) Township enterprises	1.1%	0.4%	2.3%
(iv) Rural enterprises	0.7%	0.1%	0.2%
For Requests for Bids (RFB) with a value of over R1m
(i) Small, medium and macro enterprises	6%	21%	0%
(ii) Cooperatives	0%	0%	0%
(iii) Township enterprises	0%	2%	0%
(iv) Rural enterprises	0%	5%	0%
Office of Health Standards Compliance
(i) Small, medium and macro enterprises	29.02%	29.23%	38.09%
(ii) Cooperatives	0.03%	0%	0%
(iii) Township enterprises	2.87%	0.01%	13.73%
(iv) Rural enterprises	0%	95.31%	0

END

Reply:

According to the information received from Eskom:

1. The failed transformer PAMS 65 that is referred to by the Honourable Mr Singh was replaced on Saturday 13 May 2023 according to the process where all customers who had tampered with their meters to avoid paying for electricity had paid the required fine and illegal connections had been removed. Some customers were found to have converted themselves to prepaid meters and had installed sub-meters.

Eskom did not disconnect or suspend electricity to this area; however, the transformer had overloaded and isolated itself due to overload caused by illegal connections, bypassed meters, and vandalism of the infrastructure.

Eskom is experiencing a very significant increase in transformer failures in residential areas due to meter tampering, illegal connections, and vandalism of Eskom’s infrastructure. Replacement of infrastructure without addressing the root cause has become unsustainable, costly, and unsafe for Eskom’s technicians and members of the public, specifically also innocent children.

In such cases, Eskom has an obligation to eliminate the associated safety risk before a transformer is replaced. The replacement of transformers without resolving the problem leads to repeated failures and unsafe conditions for the technical team and the community, and this is also financially unsustainable.

The existing infrastructure has been installed to cater for the supply requirements of Eskom’s legally connected customers.

(a) and (b) In addition to the Electricity Regulation Act and its licence conditions, Eskom is required to comply with, among others, NRS 047 Part 1: Quality of Service (“NRS 047”) and the Distribution System Code (“the Distribution Code”), attached to this as Annexures A and B, respectively, which regulate matters pertaining to unplanned supply interruptions. Clause 4.5.3 of NRS 047 regulates the restoration of supply after unplanned interruptions. Under “normal circumstances”, Eskom would be required to follow the restoration period provided in NRS 047. This provision must be read together with paragraph 18.4(1) of the Distribution Code, which requires customers to comply with instructions from Eskom before the supply of electricity is restored. Paragraph 3(1) of the Distribution Code, furthermore, states that Eskom is required to take remedial action to relieve any condition that may jeopardise the reliability of the Distribution system.

Therefore, before the transformer can be replaced and supply restored, an audit must be conducted. In line with the regulations and Eskom’s processes, community members who are found to have tampered with their meters are issued with tamper fines of R6 052.60 per tampered meter and all illegal connections are removed.

2. The response provided above adequately addresses the matter.

Remarks: Approved / Not Approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

1. The Mine health and Safety Council (MHSC) identified the Workers Museum and Mary Fitzgerald Square as the most appropriate locations to install the memorial for the fallen mineworkers. Permission to continue with the project on the site was given by the City of Johannesburg (CoJ), then the project was initiated. However, the initial permission was not honoured as a result of the changes of officials and administrators at the CoJ. In this regard, the monument will be placed at the MHSC Office Building whilst there is ongoing engagements regarding the identified sites at the City of Johannesburg.

2. The total project amount was R4 800 000,00 inclusive of value added Tax. The cost of R1 513 333.06 for additional concept and technical designs that were required for installation of the monument at the identified location was incurred, bringing the total to R6 313 333.06.

 

Reply:

(a) I have been informed by the Department as tabled below.

Years	(i) Small, Medium and Micro-enterprises	(ii) Cooperatives	(iii) Township enterprises	(iv) Rural enterprises
(aa) 2021-2022	Total procurement allocation for the department amounted to R101 131 716 of which 40% (R61 775 393) was spent on SMME’s.	N/A	N/A	N/A
(bb) 1 April 2023	Total procurement allocation for the department equals to R436 966 of which 40% (R174 786) is allocated to SMME’s.	N/A	N/A	N/A

 

(b) South African Tourism

I have been informed by SAT that the service provider appointments were treated in accordance with the applicable Preferential Procurement Regulation.

Years	(i) Small, Medium and Micro-enterprises	(ii) Cooperatives	(iii) Township enterprises	(iv) Rural enterprises
(aa) 2021-2022	Total procurement spends for the entity amounted to R 732 340 185.38 of which 40% (R 292 936 074,15) was on SMME’s.	N/A	N/A	N/A
(bb) 1 April 2023	Total procurement spends for the entity equals to R1 343 895.20 of which 40% (R537 558.08) was on SMME’s.	N/A	N/A	N/A

Reply:

(a) (i), (ii), (iii) and (iv) (aa) In terms of the Office of the Chief Justice, the percentages spent in the 2021-22 financial year, are as follows:

Period	Total spend	Small-, medium- and micro-enterprises %	Cooperatives %	Township enterprises %	Rural enterprises %
Quarter 1	69,785,125.26	72.98%	0.00%	0.00%	0.00%
Quarter 2	52,492,150.99	45.61%	0.00%	0.00%	0.00%
Quarter 3	92,865,669.87	80.50%	0.00%	0.00%	0.00%
Quarter 4	123,673,529.10	48.72%	0.00%	0.00%	2.95%
Total	338,816,475.22	61.95%	0.00%	0.00%	0.03%

(a) (i), (ii), (iii) and (iv) (bb) In terms of the Office of the Chief Justice, the percentages spent since 01 April 2023, are as follows:

Period	Total spend	Small-, medium-and micro-enterprises %	Cooperatives %	Township enterprises %	Rural enterprises %
Quarter 1	8,739,025.93	59.99%	0.00%	0.00%	0.04%
Total	8,739,025.93	59.99%	0.00%	0.00%	0.04%

Reply:

Yes, the health related issues were complied with by the officials of the Border Management Authority which now comprise officials transferred from the Department of Agriculture.

END

Reply:

It is not correct to conclude that majority of pharmacy dispensary duties at clinics, are carried out by nurses. These functions may also be performed by a pharmacist’s assistant (post basic) functioning under the indirect supervision of a pharmacist. Only professional nurses who have been authorised in terms of Section 56(6) of the Nursing Act 53 of 2005, are allowed to dispense medicines up to schedule 4. In some clinics, pharmacist assistants have been appointed to perform duties related to managing medicines in the facility. The process of task sharing is meant to optimise the utilisation of different categories of staff in the team to alleviate bottlenecks that may hamper the dispensing of medicine at a clinic and it does not affect nurses focusing on delivering health services within their scope

a)(i) The tables below provide a Persal breakdown of filled and vacant posts per provinces as of February 2023, which actually shows that vacant posts are minimal and does not impact negatively on service delivery.

Summary of filled and vacant Pharmacy post per province as at April 2023
	EC	ECP Total	FS	FS Total	GP	GP Total	KZN	KZN Total	LP	LP Total
Title	Filled	Vacant		Filled	Vacant		Filled	Vacant		Filled	Vacant		Filled	Vacant
CLINICAL PHARMACIST	3	1	4	0	1	1	-	--	-	-	-	--	-	--	-
PHARMACIST	319	18	337	83	38	121	364	20	384	499	15	514	389	26	415
PHARMACIST (COMMUNITY SERVICE)	61	14	75	34	14	48	88	32	120	139	11	150	60	22	82
PHARMACIST (INTERN)	48	0	48	1	13	14	71	4	75	170	66	236	154	83	237
PHARMACIST ASSISTANT	141	15	156		3	3	86	13	99	210	50	260	25	4	29
PHARMACIST ASSISTANT (POST-BASIC)	456	49	505	343	99	442	636	20	656	1077	78	1155	325	35	360
Grand Total	1028	97	1125	461	168	629	1245	89	1334	2095	220	2315	953	170	1123

Summary of filled and vacant Pharmacy post per province as at April 2023
	MPU	MPU Total	NW	NW Total	NC	NC Total	WC	WC Total
Titel	Filled	Vacant		Filled	Vacant		Filled	Vacant		Filled	Vacant
CLINICAL PHARMACIST	-	-	-	-	-	-	-	-	-	-	-	-
PHARMACIST	250	12	262	209	17	226	68	3	71	246	16	262
PHARMACIST (COMMUNITY SERVICE)	52	4	56	80	0	80	39	1	40	39	6	45
PHARMACIST (INTERN)	11	2	13	16	0	16	8	2	10	22	1	23
PHARMACIST ASSISTANT	23	5	28	41	14	55	12	8	20	24	2	26
PHARMACIST ASSISTANT (POST-BASIC)	207	9	216	139	13	152	158	15	173	576	22	598
Grand Total	543	32	575	485	44	529	285	29	314	907	47	954

(b) Provinces have established recruitment Task Team that prioritises the filling of positions in line with service delivery needs. To ensure that their expenditure on recruitments does not exceed the allocated Cost of Employment (CoE) Budgets. Where there are records of shortages of health care workers (including Pharmacists), the department mitigates by appointing contract employees to address shortages. To ensure further continuity of services, the department offers permanent employment where funding permits.

END.

Reply:

(a) The were no naturalisation ceremonies that have taken place from 1 May 2019 to date.

(b)(i) No ceremonies have taken place.

(b)(ii) As indicated above there has not been ceremonies conducted.

(c) The “naturalisation ceremonies” were discontinued a long time ago.

(d)(i)(ii) There are no “naturalisation ceremonies” planned for the near and foreseeable future.

END

Reply:

Through its procurement, the dtic group has a concerted effort to ensure that it procures from SMME, women, youth and people with disability, inclusive of township and rural enterprises.

The following information has been submitted by the dtic-group:

(a)&(b) DTIC and its Entities	(aa)&(bb) Financial Period	b(i)
Department of Trade Industry and Competition (the dtic) including B-BBEE Commission	2021-22	56%
	Since 1 April 2023	93,36%
Companies and Intellectual Property Commission (CIPC)	2021-22	There was no direct allocation to SMMEs. However, CIPC procures through RFQs and tenders from suppliers registered on the CSD. This includes SMMEs.
	Since 1 April 2023	There was no direct allocation to SMMEs. However, CIPC procures through RFQs and tenders from suppliers registered on the CSD. This includes SMMEs.
Companies Tribunal (CT)	2021-22	60%
	Since 1 April 2023	65%
Competition Commission	2021-22	85%
	Since 1 April 2023	98%
Competition Tribunal	2021-22	57.59%
	Since 1 April 2023	68.52%
Export Credit Insurance Corporation (ECIC)	2021-22	45.63%
	Since 1 April 2023	58.82%
Industrial Development Corporation of South Africa Limited (IDC)	2021-22	50.65%
	Since 1 April 2023	78.74%
International Trade Administration Commission (ITAC)	2021-22	46% (R928 047.80)
	Since 1 April 2023	71% (R213 420.34)
	Since 1 April 2023	0%
National Consumer Tribunal (NCT)	2021-22	55%
	Since 1 April 2023	R1.2 million
National Credit Regulator (NCR)	2021-22	58%
	Since 1 April 2023	54%
National Empowerment Fund (NEF)	2021-22	The National Empowerment Fund has procured goods and services to the total amount of R35.8 million for the period under review with a combined percentage of 75% being spent as follows: Exempted Micro Enterprises - R16,9 million (47%) Qualifying Small Enterprises – R9,9 million (28%)
	Since 1 April 2023	From 1 April 2023 to date a combined percentage of 89% of the total amount of R2,5 million being spent as follows: Exempted Micro Enterprises - R1,7 million (67%) Qualifying Small Enterprises – R560k (22%)
National Gambling Board (NGB)	2021-22	2.72%
	Since 1 April 2023	1%
National Lotteries Commission (NLC)	2021-22	32.80% was procured from Qualifying Small Enterprises (QSE). 29.46% was procured from Exempted Micro Enterprises (EME).
	Since 1 April 2023	Approximately 40% was procured from Qualifying Small Enterprises (QSE).
	Since 1 April 2023
National Regulator For Compulsory Specifications (NRCS)	2021-22	(i)(aa) 16% (R5 240 909,60)
	Since 1 April 2023	(i)(bb) 84% (R4 873 670,00)
South African Bureau of Standards (SABS)	2021-22	43.2%
	Since 1 April 2023	Procurement spend for this category is unknown as the data is only manually calculated against B-BBEE certificates on quarterly basis.
South African National Accreditation System (SANAS)	2021-22	100% SMMEs - 73% EMEs - 27%
	Since 1 April 2023	100% SMMEs - 35% EMEs - 65%

-END-

Reply:

Trade with the United States is regulated by two types of legal instruments: the first is the multilateral framework of the World Trade Organisation, under which the largest part of SA exports to the US is classified; and unilateral preferential market access arrangements, such as the African Growth and Opportunity Act (AGOA) and the Generalised System of Preferences (GSP).

AGOA is a preference granted by the United States to sub-Saharan countries qualifying in terms of criteria established by the US Congress. AGOA is currently set to expire in 2025. Decisions around renewal are taken by the United States and it is then up to exporters from eligible countries to utilise the preferential access to the US market.

South Africa together with other African countries have put forward the proposal for the extension of AGOA beyond 2025.

While the value of trade under AGOA has decreased, it continues to provide benefits to South African exporters, which assists with job creation and has positive spill-over effects in the region. Given the size of South Africa’s employment challenge, every trade benefit that is available should be utilised.

In light hereof, South Africa continues to engage the United States on the future of AGOA and the value of extending AGOA beyond the current expiry date.

-END-

Reply:

The two officials referred to in the Parliamentary Question were criminally charged by the National Prosecuting Authority (NPA) based on the referral from the Special Investigating Unit (SIU). They were then suspended based on these criminal charges. We have since been informed by the Director-General of the Northern Cape Province that these officials were reinstated after the criminal charges were withdrawn on the 8th December 2022.

END.

Reply:

a) Section 17 of the Health Professions Act (Act no.56 of 1974) makes registration with the Council a prerequisite to practice any health professions registrable in terms of the Act and practicing while not registered amounts to a criminal offence.

According to the Health Professions Council of South Africa (HPCSA/Council), 124 persons have been arrested for practicing medicine without registration with the HPCSA.

b) In 2014 Council established an Inspectorate Office as a compliance enforcement unit to enforce compliance through conducting inspections of the registered practitioners, suspected/erased practitioners, and to attend to complaints of illegal practice by unregistered persons (bogus practitioners). The office works closely with other regulatory bodies and law enforcement agencies to protect the public against illegal practices by unregistered persons (bogus practitioners). The Council also conducts awareness campaigns to educate the members of the public on how to identify and report bogus practitioners.

In the public healthcare system, one of the requirements for employment is verification of registration with the Health Professions Council before a person can be employed as a doctor. This verification prevents an unregistered person from practicing in the public healthcare system.

In the private healthcare sector, medical schemes also have a verification system in place before doctors can be reimbursed for services rendered.

Unregistered persons evade these systems by working in the private sector where they either only accept cash payment or work in the practice of a registered doctor.

Reply:

The Department of Public Enterprises does not consider itself liable for jeopardizing the health rights of patients in public hospitals as the implementation of load shedding is a protective measure implemented by Eskom to avoid the posibility of a grid collapse. The costs of opposing the North Gauteng High Court order are minimal compared to the consequences of a grid collapse. If the grid system is left unprotected it will lead to disastrous consequences for the whole country, including patients in hospitals.

It is worth noting that the line function departments as well as Eskom are working on putting measures in place to protect the health facilities from being affected by load shedding. Eskom is currently working on a plan to exclude more health facilities and the line function Departments such as the Department of Health are procuring as much generators within their constrained budgets to alleviate the effects of load shedding.

Remarks: Reply: Approved / Not approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

a) Yes, Mpumalanga has post level 1 healthcare facilities as follows:

• 2 x Tertiary Hospital offering level 3 &2 services namely Rob Ferreira and Witbank tertiary hospitals.
• 3 x Regional Hospitals offering level 2 &1 services namely Ermelo, Mapulaneng and Themba regional hospitals.

b) The National Department of Health in collaboration with the Mpumalanga department of health are working on the improvement of some key services as indicated in response(c) below.

The Mpumalanga department of health is only referring level 3 cases to Steve Biko and George Mukhari Academic hospitals for services that the province doesn’t have, for example Cardiology Services and Oncology Radiation Services.

Patients who are going to Mamelodi hospital are going there on their own accord and they are not being referred by the province because those services are available and accessible to the Mpumalanga communities.

c) The Mpumalanga Department of Health has already established the Chemotherapy services at the Witbank and Rob Ferreira hospitals. Patients in need of this service are no longer being taken to Gauteng.

The province is currently processing the establishment of Nephrology Service to have the in-house dialysis services for patients. The province has started with phase 1 planning for the upgrading the Maternity and Mental health Units at the Kwa Mhlanga hospital. The plan is to expand more services until all domains are covered however this depends on the availability of funds.

END.

Reply:

1. The Clinical Associates matters raised in the Task Team report as well as the proposals for addressing some of the concerns raised in the report were presented to the National Health Council Technical Advisory Committee (NHC Tech) which is a forum that consist of the NDoH’s Executive Committee with Provincial Heads of Health Departments on 18 November 2021.

NHC Tech accepted the proposal to undertake a comprehensive review of the Clinical Associates programme.

2. The Department engaged with the HPCSA on the matter of prescribing rights

for Clinical Associates and was appraised about the application made by the Council to the South African Health Products Regulatory Authority (SAHPRA) in terms of the provisions of Section 22A of the Medicines and Related Substances Act, 1965 (Act 101 of 1965) to add Clinical Associates to the list of authorized prescribers.

3. The National Department of Health has held meeting(s) with the Department of Public Service and Administration to table issues pertaining to the conditions of service for the Clinical Associates as raised in the Public Protector’s report. The issue of Occupational Specific Dispensation (OSD) is being dealt with through a process lead by the Department of Public Service and Administration (DPSA). DPSA has commissioned Price Waterhouse Coopers (PWC) to conduct a Personnel Expenditure Review (PER), that includes the review of OSDs in the public sector.

4. The Department has commenced with the process of conducting the review of the Clinical Associates programme performance. The Terms of Reference and data collection tools for the review have been drafted and a process is underway to get them approved. It is therefore envisaged that the review will have been conducted by 30 November 2023. However, finalization of the review and recommendations thereof will be subject to various approval processes of the Department that may extend beyond 30 November 2023

END.

Reply:

The National Energy Crisis Committee (NECOM) resolution has already found expression in National Treasury announcement of allowing tax rebates in as far as rooftop solar installation by households and The Small, Medium and Micro Enterprises (SMME).

Reply:

(1) At present, Eskom is engaging with both the Department of Health and the Department of Water and Sanitation regarding their points of supply in the Eskom supply area identified as critical. Once completed and where possible, measures will be implemented to mitigate the impact of loadshedding as far as practically possible. Currently, Eskom exempts or partially exempts 25 public health establishments within its area of supply.

The Ministry of Electricity has developed costing scenarios for installing an embedded generation (solar installation) to address the impact of load shedding and mitigate the impact of high diesel costs on medical facilities (large and small hospitals).

Small Hospital (400kW power load) based on a 4-hour outage period for battery storage, solar panel and inverters option; R13 million per hospital capital expenditure is required. Large Hospital (1MW power load) based on a 4-hour outage period for battery storage, solar panel and inverters option; R59 million per hospital capital expenditure is required.

Based on the Department of Health figures, to cover 137 Hospitals (varying between small and large), R10.1 Billion capital expenditure will be required to provide a combined Solar, Battery and inverter solution.

In contrast, for the same 137 small hospitals, diesel generators will cost R89.1 Million in capital costs, whilst large hospitals will cost R411 Million (capital costs). However, the operating cost (primarily diesel purchase) will cost R3.3 Billion and R655 Million annually for large and small hospitals, respectively.

A rapid deployment of embedded generation or “micro-grid” solutions, including roof-top solar for hospitals, other critical installations, and economic hubs, will be possible through an aggregated power purchase agreement. Ministry to issue RFI before end of July 2023 and outline a fast track procurement process to secure IPPs for micro gridding.

(2) (a), (b), (c), (i) and (ii) Where a facility is deeply embedded in the network, partial exemption at lower stages of loadshedding has been granted. Eskom has concluded a preliminary assessment of establishing dedicated feeders for certain hospitals. This assessment has been shared with the Department of Health, and discussions on implementation are ongoing. A similar approach will be followed for other critical infrastructure. The implementation time is envisaged to take between 12 to 24 months, after the investment decision, depending on the type of solution and other factors such as environmental approvals and land acquisition.

(3)The legal matter before the Courts falls within the responsibility of the Minister of Public Enterprises and the Honourable Member should accordingly direct the question to the relevant Ministry.

Reply:

(a) The estimated number of doses of vaccine that may go for waste is:

• Janssen® COVID-19 vaccine (Janssen vaccine) is 20 780 450.
• Comirnaty® vaccine (mRNA COVID-19 vaccine) (Pfizer vaccine) is 7 479 930

(b) Monetary value of these vaccines is:

• Janssen vaccine = R 2 677 716 836
• Pfizer vaccine = R 1 208 569 690

END.

Reply:

(a) Procurement allocation of the Department is as follows:

TYPE OF SHAREHOLDING	% SPEND	NUMBER OF SUPPLIERS	AMOUNT SPENT
Women Shareholding 100%	28.50%	38	R4 387 777
Women Shareholding other %		52	R151 487 683
Disability %	0	0	0
Black %	64.20%	156	R251 977 964
Youth	1.36%	52	R7 719 112

(b)

(i) small-, medium- and micro-enterprises

  There is no procurement allocation for small-, medium- and micro-enterprises

(ii) cooperatives

    There is no procurement allocation for cooperatives

(iii) township enterprises

   There is no procurement allocation for township enterprises

(iv) rural enterprises

   There is no procurement allocation for rural enterprises

Procurement breakdown is not allocated as per the classifications above in (i) to (iv), but is done as per attached Table.

Reply:

1. The National Department of Health has held meeting(s) with the Department of Public Service and Administration to table the issues pertaining to the conditions of service for the Clinical Associates as raised in the Public Protector’s report;

2. Progress through different interventions is underway within the legal framework to implement recommendations of the Public Protector’s report. Albeit challenges, as conditions of services are transversal matters that affects other categories of employment.

- The process on Occupational Specific Dispensation (OSD) is dealt though a procedure lead by the Department of Public Service and Administration (DPSA). DPSA has commissioned Price Waterhouse Coopers (PWC) to conduct a Personnel Expenditure Review (PER), that includes the review of OSDs in the public sector.   The scope of the project, amongst others, includes a review and analyse in the public sector covering the following functional areas- Employment trends, personnel expenditure and impact of the current in the public sector; Collective bargaining and wage setting mechanisms/ arrangements; and Allowances, Benefits and other incentives.

- Even though issues on Rural Allowance are included in the above process, the Policy on Rural allowance is currently being reviewed at the Public Health and Social Development Sectoral Bargaining Council (PHSDSBC). This process is expected to will inform the continuation of Policy and address the issues mentioned in the Public Protector report.

- The department has commenced with the process of reviewing the current commuted overtime policy, which will inform the continuation of the Policy and address the issues mentioned in the Public Protector report. In the meantime, Clinical Associates continue to benefit for Overtime like any other health related professional in accordance with conditions of services as outline in collective agreement in the Public Service Coordinating Bargaining Council (PSCBC) Resolution 3 of 1999 read together with DPSA Determination on the Management of Payment of Overtime

END.

Reply:

a) The Programme for Infrastructure Development in Africa (PIDA) is a programme of the African Union (AU) launched in 2012. It is coordinated through the AU Development Agency (AUDA-NEPAD) in cooperation with regional economic communities, regional and continental technical agencies, and participating countries. The Presidency acts as the focal point in South Africa for PIDA.

According to the Virtual PIDA Information Centre, the following South African firms and entities have been involved in the development and implementation of the PIDA Priority Action Plan (PIDA PAP1 2012-2020):

No	Project Name	SA Firms/Entities	Status
01	Durban Port Expansion	Transnet	Ongoing
02	Maputo Port Expansion (Maputo and Matola Drybulk Terminal)	Grindrod and Zutari	Ongoing
03	Dar es Salaam-Isaka-Mwanza Standard Gauge Railway Project	DBSA	Ongoing
04	Beitbridge One Stop Border Post	Rand Merchant Bank, Standard Bank, Nedbank, ECIC and Raubex Group Ltd	Ongoing

* Source: PIDA Dashboard, company websites and media

b) With regards to the internet and Information and communication technologies (ICT), the PIDA Dashboard indicates a total of 114 projects that have been prioritised under PIDA PAP1. A further 11 anchor projects have also been approved for the PIDA PAP2 2021-2030, which is the second PIDA priority action plan for the period 2021-2030.

-END-

Reply:

National Health Insurance (NHI) describes a totally reformed health system that strives to achieve equity in provision of services. The objective it to achieve Universal Health Coverage where every person gets the health care that they need, when they need it, where they need it and without incurring any financial hardship. NHI is designed to redress some of the worst inequities that characterize the South African health system. These inequities continue to significantly affect the most vulnerable, poor sections of our society, especially those that reside in rural, far-flung areas that continue to struggle to access and utilize needed health services.

It is because many communities, both remote areas and those who live in townships and informal settlements of urban areas, have poor access to health services that we need the NHI.

As the Bill provides for the NHI Fund will be mandated to use strategic purchasing to develop healthcare coverage and access that is equitable. This includes purchasing services from private providers whose facilities are in close proximity to communities that can presently not use those services. It also means changing the way that services are paid for so that providers find it more attractive to move to areas that are presently inhospitable to them because there is no advantage over working in an established urban community.

The introduction of capitation payments and contracting units for PHC will systematically shift resources to communities where resources are presently well below average and are unacceptable. Using a single set of benefits and common formulary the system will reduce overheads and duplications and make more of the existing funds available for services rather than administration and profit-taking.

These provisions are clear in the NHI Bill which has reached the point of the vote in the National Assembly.

The National and Provincial Departments of Health continue to implement a number of interventions directed at maintaining existing infrastructure (clinics, hospitals, CHCs, etc.); refurbishments as well as the commissioning of new ones to address quality and related challenges, with a strong focus on facilities located in mainly rural and disadvantaged areas.

The National Department of Health embarked on the development of a Health Integrated Portfolio System (HIPS) or previously known as the Ten-Year Infrastructure Plan. The system utilised Geographic Information System (GIS), topographical data, locations of current and future planned facilities, demographics and the road networks, to determine accessibility gaps. Projects identified via the gaps will be prioritised and executed as per the normal health infrastructure planning and delivery cycles. This will provide an objective tool to prioritise investments in Health Infrastructure. The first draft of the tool is already expected within the 2023/2024 financial year and will be utilised to guide allocation of funds hence forth. Further to the above the Department is focusing on addressing maintenance, refurbishment, upgrades, and/or replacements as well as new infrastructure in remote rural areas and informal settlements in preparation for the implementation of NHI.

END.

Reply:

(a) What amount is tourism expected to gain from the BRICS Road Show that took place in Mpumalanga on 4 April 2023.

The BRICS Roadshows are arranged by the Department of International Relations and Cooperation. That Department is best placed to reply to this question.

(b) What steps does the Government intend to take to ensure that other regions in the Republic also attract tourists during the specified period.

The BRICS Roadshows are arranged by the Department of International Relations and Cooperation. That Department is best placed to reply to this question.

Reply:

a) The names of the mines that have been inconsistent over the past three years and/or not paid levies to the CCOD, either indefinitely or on time are:

1. Wearne Aggregate Quarries
2. Rhino Minerals
3. Manhattan Corporation Pty Ltd - Gravellotte Mine

b) Inspections are undertaken by the finance inspectors of the CCOD to assess the mines and works on accuracy of risk shifts and levy payments; the Deputy Director (Revenue) has written to the above mines and works requesting payment of the levies. Meetings are being set up with the Compensation Commissioner and the Chief Executive Officer of the above mines and works. As a last resort, the legal section of the department will be consulted to assist through the state attorney’s office to begin legal proceedings against the defaulting mines and works.

END.

Reply:

The Government is appealing the rationale of the decision of the High Court to exempt schools, hospitals and police stations from load shedding as the implementation of this decision is impractical. Load shedding is a measure that is implemented to protect the Grid from collapsing and the schools, hospitals and police stations do not have an isolated connection to the Grid and are rather part of the integrated Grid system which makes it difficult to only switch on those institutions during load shedding.

In addition, it is worth noting that where possible Eskom is able to exclude some of those institutions from load shedding. To date, Eskom’s number of supply points identified are 196 police stations, 22371 public schools and 2960 public health establishments. Also, most of the hospitals and SAPS offices do have generators to enable them to circumvent load shedding.

Remarks: Reply: Approved / Not approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

The National Lotteries Commission has furnished me with the following response to the question

The NLC paid the following amounts for copies of its annual reports:

2020: R1, 987, 926

2021: R2, 695,956

2022: R2, 600, 897

The supplier in all three years was INCE (PTY) LTD.

The number of copies printed were as follows:

2020: 205 copies printed;

2021: 200 copies printed;

2022: 70 copies printed.

I am advised that an official with relevant information on the distribution of the copies of the Annual Report is currently on suspension and therefore not all the requested information is available. I have further requested the NLC to provide an updated report on the distribution of annual reports as soon as the information is available.

The SIU has made substantial progress with probing allocation of grant monies under the pro-active scheme. I have requested that the NLC also investigates all its procurement contracts and have proposed that the terms of the SIU be widened to cover procurement and payments to consultancies. Given the amounts of money involved in the printing of the annual report, this expenditure should also be covered by the internal and external investigation.

 

-END-

Reply:

According to the information received from Eskom

(a) Most of Generation’s coal-fired stations are currently operating at below aspiration, leading to a fleet Energy Availability Factor (EAF) of 52.6% year-to-date as of 22 May 2023. The Generation Operational Recovery Programme, with the support of Eskom’s Board, aims to sustainably recover the performance of the plants over the next 24 months. The return of the three (3) units at Kusile before the end of 2023 will improve the situation significantly by adding up to 2 160 MW to the grid.

(b) Funds for Generation activities are sourced from operations, i.e., from income allowed in NERSA revenue determinations.

Remarks: Approved / Not Approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

1. The Department does not have any record of an application lodged by Kwernsig Twaalf (Pty) Ltd and the property description is incomplete.
2. There is no prospecting licence or BAR issued for the said application as it is still in process.
3. There is no Mining Permit or EIA issued for the said application as it is still in process.