Questions and Replies

Reply:

(a) In October 2016, the 5th administration of South Africa took a decision to withdraw from the Rome Statute of the International Criminal Court (“Rome Statute”). Following this decision, South Africa sent a written notice to withdraw from the Rome Statute to the Secretary General of the United Nations. In January 2017, the African Union (AU) took a decision followed by a resolution issued in February 2017 encouraging member nations to withdraw from the International Criminal Court (ICC). In addition to South Africa, two other AU members, Burundi and Gambia, also indicated their intentions to withdraw from the Rome Statute in 2016. However, Gambia reversed its decision immediately after a newly elected government assumed power in February 2017. Burundi, on the other hand, has become the first country to withdraw its membership from the ICC.

(b) In February 2017, the North Gauteng High Court unanimously ruled that the withdrawal notification sent by South Africa to the United Nations was unconstitutional and invalid without prior parliamentary approval, and ordered the Government to rescind the notice with immediate effect. In line with the court decision, the South African government revoked its notice of withdrawal from the Rome Statute in March 2017.

(c) The International Crimes Bill, introduced in Parliament in 2017, whose purpose was to withdraw South Africa from the ICC by repealing the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002, has been withdrawn from Parliament.

(d) Since that time, numerous developments within the ICC have taken place, including the adoption of the “Understanding with respect to article 97(c) consultations” by the Assembly of State Parties in December 2017. This Understanding, which was adopted as a result of concerns raised by South Africa, provides for a process for States to consult with the ICC in relation to a request for cooperation. In addition, the African Union’s resolve to reform or transform the ICC from within rather than through withdrawals and the failure to provide an African alternative court to the ICC are some of the notable developments.

(e) South Africa is considering a legislative amendment that would domesticate the Rome Statute so that it reflects all the articles of the Rome Statute. This includes provision of article 98 of the statute that requires a waiver of immunities for persons charged by the ICC from third party countries where there is no referral by the United Nations Security Council.

(f) In terms of International law, South Africa remains a full member of the ICC with all the rights and obligations that accrue to all members of the Rome Statute.

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:

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:

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:

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 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:

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:

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:

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:

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:

Department of Justice and Constitutional Development

1. (aa) Minister

a) Destination	(i) Accommodation	(ii) Travel	(iii) Other	b) Total
Refer to Annexures A and B	R361 344.01	R948 008.04		R1 309 352.05

(bb) Deputy Minister

a) Destination	(i) Accommodation	(ii) Travel	(iii) Other	b) otal
Refer to Annexure C	R146 320.00	R297 220.18		R443 540.18

1. (a) Minister: R1 126 517.27
2. Deputy Minister: R872 197.00

Department of Correctional Services

(1) There were no international trips undertaken by both the Minister and Deputy Minister that were paid by the DCS from 2019 to date.

(2) The total amount spent on domestic air travel since 01 June 2019 to 31 January 2023 for the Minister of Justice and Correctional Services and Deputy Minister of Correctional Services is as follows:

(2)(a) Minister of Justice and Correctional Services (Correctional Services Vote):

The budget and expenditure for the Minister of Justice and Correctional Services is under the Department of Justice and Constitutional Development.

(2)(b) Deputy Minister of Correctional Services:

END

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:

(1) 

No.	School name	Age of the Educator		Age of the leaner	Verdict	Sanction	Offence[1]
1	Laerskool Pionier Primary School	30		12	Guilty	Removal from the register indefinitely	Sexual relationship with a learner
2		Witterdrift HS		19	Guilty	Removal from the register Indefinitely	Sexual assault and sexual relationship with a learner
3		St Barnads High School		15 and 16 years	Guilty	Removal from the register Indefinitely	Sexual assault of learners
4		Isikhokelo Primary School		12 and 13 years	Guilty	Removal from the register Indefinitely	Sexual harassment and assault of learners
5		Nkgopoleng Secondary School		Grade 10 , Pregnant and gave birth in 2015	Guilty	Removal from the register Indefinitely	Sexual relationship and impregnation of a learner
6	Thuto-Thebe SS	28		20 years	Guilty	Removal from the register Indefinitely	Sexual Relationship with a learner
7	Christiaan De Wet Combined School	53		16	Guilty	Removal from the register Indefinitely	Sexual relationship with a learner
8	Kuyakhanya PS	33		14 and 16 years	Guilty	Removal from the register Indefinitely	Sexual assault of learners
9	Enkwenkwezini Primary School	51		13	Guilty	Removal from the register Indefinitely	Assault of a learner
10	Welkom Prep School	46		14	Guilty	Removal from the register Indefinitely	Sexual harassment of a learner and use of improper language on learners
11	Melkhoutfontein Primary School	23		16	Guilty	Removal from the register Indefinitely	Sexual assault of a learner
12	Ntwampe Technical High	54		16 to 17	Guilty	Removal from the register Indefinitely	Forcing learners to strip naked as a punishment
13	Madiba-A- Toloane Secondary School	53		17-19	Guilty	Removal from the register Indefinitely	Locking up learners in a strong room overnight
14	Blackhill Primary School	30		12	Guilty	Removal from the register Indefinitely	Locking up a learner in a strong room overnight
15	Kagisho Com prehensive School	60		16	Guilty	Removal from the register Indefinitely	Severe assault of a learner
16	Xolani Primary School	36		12 to 13	Guilty	Removal from the register Indefinitely	Assault of learners
17	Mpatleng Secondary School	49		18	Guilty	Removal from the register Indefinitely	Severe assault of a learner
18	Naluxolo Primary School	31		12 to 13	Guilty	Removal from the register Indefinitely	Assault of learners
19	Luthuthu Jnr Sec School	50		12	Guilty	Removal from the register Indefinitely	Gross negligence by putting a learner in a pit latrine

[1] It should be noted that when the organisation submitted 19 names of teachers who were removed from the roll of educators, 9 of the offences were not sexual harassment, but other offences as indicated in the tables.

Information on which provinces the schools are located in  is contained in the attached annexure.

(2) ) One case resulted in pregnancy, see number 5 on the above table.

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:

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) (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 Department is required to pay invoices within 30 days (not within 21 days) in terms of Treasury regulations 8.2.3 which states “Unless determined otherwise in a contract or other agreement, all payments due to creditors must be settled within 30 days from receipt of an invoice or, in the case of civil claims, the date of settlement or court judgement”

National Department of Health

a) The department pays majority of its invoices within 30 days upon receipt of a valid invoice. The delays were due to budgetary constraints within some programmes and some suppliers changing their banking details after the invoice is submitted for payment or in some cases the suppliers ‘s bank details are inactive. Suppliers fails to submit proof of delivery even when they were requested to do so.

b) The department reprioritise within the programmes and economic classification where possible for payment of service providers and constantly engage with the National Treasury to increase the earmarked funds particularly for the CCMDD programme. The department continuously engage with service providers to address challenges that causes the delays on payments of invoices.

Eastern Cape

a) The EC Department of Health has been and is still experiencing challenges on paying creditors within 21 days. This is due to Accruals and Payables, which are reflected below:

• 2019/20 = R3,808 billion,
• 2020/21 = R4,433 billion,
• 2021/22 = R4,659 billion and
• 2022/23 = R4,202 billion (draft stage because of verification and validation processes, which will lead to the inclusion of the final figure of the Accrual and Payables on the 2022/23 Annual Financial Statements to be submitted to AGSA on 31 May 2023). Cumulatively, these Accruals and Payables amount to R17,102 billion. They are not budgeted for instead they consume the budgetary allocation given in a particular financial year. In other words, the department with its limited equitable share allocation attempts to prioritise the payment of SMMEs, which are the priority of the present administration and partially pay the major suppliers, which supply medication for the patients. The department negotiates with the major service providers for medicines to continue rendering services to the department for the sake of our patients. If patients cannot get the medication the department can and is exposing its self to be sued by the health services consumers.
• The cycle of non-payment of creditors within 21 is repetitive in nature due to these Accruals and Payables and inadequate allocation on the Equitable Share. There are no challenges on Conditional Grants payments because they are ring-fenced and are timeously transferred to the EC Province.

b) The Eastern Cape Department is doing the following:

• Negotiating with the EC Provincial Treasury to finance the Accruals and Payables
• Increased its legal capacity to fight the medico legal cases – The Noyila case, which was decided in favour of the department will go a long way in averting the lump sum payments not only for the EC Department of Health but for entire Health Sector in the public administration. This case is at the Supreme Court of Appeal and the EC Department is vigorously defending it. The medico legal court orders have been major contributors to the high value of the Accruals and Payables.
• Negotiating with National Department of Health to share substantially NHLS, SANBS and AFROX costs because of the dual and implicit nature of transactions related to the services rendered by these creditors.
• Developed cost saving projects to deal with the major cost drivers in the department.

Free State

a) Free State Department of Health had cash flow challenge in the last quarter of 2022/23 Financial Year which resulted in supplier invoices not being paid within the prescribed period.

b) Free State Department is currently prioritising invoices aging 30 days and older to reduce payables.

KwaZulu-Natal

a) The Department has always endeavoured to process all invoices received within the prescribed 30-day period by Treasury Regulation paragraph 8.2.3 and to this effect, achieved the following outcomes during 2022/23:

NUMERATOR	DENOMINATOR	PERCENTAGE
13699	15483	88.48%
27005	28471	94.85%
26561	27563	96.36%
25091	26234	95.64%
27871	28905	96.42%
31169	31954	97.54%
35810	36874	97.11%
26880	27905	96.33%
22246	23428	94.95%
29508	30824	95.73%
29340	30226	97.07%
31714	33008	96.08%
326894	340875	95.90%

As can be seen from the table above, the Department’s overall compliance level is quite substantial. The Department is acutely aware of the impact that non-compliance has on its suppliers and is constantly striving to improve its performance in this regard. However, it should be noted that the Department does face the following constraints on a daily basis and it is highly unlikely that the Department will be able to substantially improve on its current 95.90% performance to achieve the ultimate goal of 100% payments processed within 30 days:

• The sheer size of the Department results in enormous volumes of payments being processed on a monthly basis. This is hampered by critical skills and staff shortages at many of the institutions due to limited financial resources and the inability to fill posts.
• The decentralised nature of the Department makes it vulnerable to factors outside of its control. Such factors would include problems with the system downtime, slow processing power, IT connectivity issues, stolen copper lines, load shedding etc.
• Problems being experienced with suppliers, i.e., partial delivery of goods, erroneous and/or incorrect invoices, outstanding credit notes, delays being experienced with suppliers registering/verifying their details on National Treasury’s Central Suppliers Database and closed/inactive supplier bank accounts has resulted in payments being rejected by the banks.
• The challenges experienced with the network by various institutions also cause delays in processing of payments.

b) The Department has implemented LOGIS which is a computerized Logistical system, at Head Office, Umgungundlovu District Office and Greys Hospital Office which will provide warning of invoices that are about to reach 30 days on the system. Further to that the Department has engaged with Telkom SA who is currently implementing the alternative connectivity strategy through the existing DOH/Telkom Master Service Agreement (MSA) LAN Connectivity – The one site network was completed at 42 hospitals on the 28th April 2023. The WAN/ Internet connectivity – This has been delayed pending the exemption from Honourable Minister of Communications and Digital Technologies.

Limpopo

a) Limpopo Department of Health has paid 99% of valid invoice received as at 31 March 2023. However, the non-compliance is due to slowness//non availability of the payments systems and negligence on part of officials.

b) Timeous notify the system controller on the performance of the system-by-system users (Hospitals, Districts and vertical programmes). Corrective action has been taken against responsible officials.

Mpumalanga

a) The Department pays most of its service providers within 10 days as per provincial policy, however, some invoices are disputed due to incorrectness. This causes delaysin the finalization of payments within the PFMA payment period or agreed period.

b) The Department continuously engages service providers and in cases where such challenges are experienced, requests speedily redress.

Northern Cape

a) The Northern Cape Department of Health is currently unable to pay all its invoices as and when they become due and payable. While the Department is doing everything possible and committed to comply with the 30-day payment instruction, the current demand on services and the inadequate budget allocation makes it a challenge to meet this obligation.

Below is our performance in the past two financial years:

b) The Department is strengthening its financial control environment to ensure prudent budget allocation and implementation.

• The roles and responsibilities of programme managers are clearly defined and are gatekeepers to ensuring that the budget of the Department is not overloaded.
• Strict monitoring of financial outcomes and adequate funding of new projects before implementation.
• Strict accountability and consequence management on financial transgressions.

North West

a) The North West Department of Health could not pay all its invoices for goods and services for the 2021/2022 financial year, starting from the third quarter. In the main, the challenge has been inadequate budget allocation over the years as opposed to the ever-increasing burden of diseases and price escalation on non-negotiable items such as medicine supplies, laboratory services, security services, patient catering, etc.

This was confirmed by the consultants appointed by the National Treasury in a project to review the public finance management practice in the health sector in North West Province. According to their diagnostic report, it appears that in terms of the comparisons made, the North West Department of Health in terms of a fair budget allocation can argue that it is indeed underfunded by R1,1 billion, R2 billion and R2,6 billion over the MTEF up to 2023/2024 financial year. In light of the above, accruals amounting to R1,3 billion had to be settled in 2022/2023 financial year which then negatively affected the current year budget allocation for goods and services. 

b) The Department had to prioritize the contractual obligations payments from the third quarter to ensure that accruals which will be carried over to the 2023/2024 financial year are reduced. As a result, the department is projecting accruals percentage reduction of more than 50% from the previous year. The Provincial Treasury has since injected an amount of R200 million into the departmental budget over the MTEF period effective from 2022/2023 financial year and this is a positive move towards ultimately dealing with the accruals. Over and above the contribution by the Provincial Treasury, the Department has reprioritized an amount of R150 million from compensation of employees to goods and services and this is bearing desired results considering the projections.

Western Cape

a) The department strives to pay its service providers within 30 days of receipt of the invoice and in terms of Treasury Regulation 8.2.3. Treasury Regulation 8.2.3 states that: “Unless determined otherwise in a contract or other agreement, all payments due to creditors must be settled within 30 days from receipt of an invoice or, in the case of civil claims, the date of settlement or court judgement”.

b) The department continues to monitor internal controls to track the movement of invoices from the date of receipt to the date of payment. The department will upskill staff to ensure that strengthened internal controls are adhered to and tracking of goods delivered or services rendered against correct orders and ensuring that the quantity and quality of goods and services to be received and received are in line with ordered goods/ services and ensure that payment of supplier’s invoices are made timeously.

END.

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:

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:

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:

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:

The department has been addressing and will continues to address all complaints brought forward, either from the mine communities or any other affected parties in this regard. Recently, the department was invited by Public Service Commission to participate in the Public Service Citizens Forum in Mogalakwena Local Municipality whereby, the communities of Mogalakwena were accorded an opportunity outline the challenges that they are experiencing with regard to Mining companies operating in Mogalakwena. The Department responded and provided clarity to all the issues/questions raised by the communities.

Social Labour Plans, Granted Environmental Authorisation and approved Environmental Management Programme are monitored during compliance inspections conducted by the Department, where a Mining Company is found to be non-compliant, a directive/ notice are issued by the Department instructing the company to remedial the contraventions, if the non-compliance persists, the department will issue another directive/ notice which indicates our intentions to cancel the mining right. The mining companies are mandated to adhere to the implementation of Social Labour Plans, Granted Environmental Authorisation and approved Environmental Management Programme.

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:

a) The delay could have negatively impacted on the timing for fertilization in some of the areas. However, farmers still could fertilise daily after the fertilizer was handed over.

b) The distribution of 116 415 bags of fertilizer will benefit 10 679 Small Scale Growers (SSGs) on 23 283 hectares of land. To date 103 451 bags of fertilizer were distributed to 6288 SSGs, applied to 13 803,55 hectares of land.

Reply:

Breakdown of procurement allocation of the National Department of Sport, Arts and Culture.

(aa). 2021-2022 financial year: -

2021/22 financial year (1 April 2021 to 31 March 2022)

(i) EME (Exempt micro enterprise) – 72.73%

GEN (Generic) – 7.85%

QSE (Qualified small enterprise) – 19.42%

(ii) Cooperatives – 0%

(iii) Township enterprises – 7.02%

(iv) Rural enterprises – 4.55%

(bb). 2022/23 financial year (1 April 2022 to 31 March 2023)

(i). EME (Exempt micro enterprise) – 74.85%

GEN (Generic) – 8.28%

QSE (Qualified small enterprise) – 16.86%

(ii). Cooperatives – 0%

(iii). Township enterprises – 6.2%

(iv). Rural enterprises – 4.14%

2023/24 financial year (1 April 2023 to 12 May 2023)

(i) EME (Exempt micro enterprise) – 76.79%

GEN (Generic) – 3.57%

QSE (Qualified small enterprise) – 19.64%

(ii) Cooperatives – 0%

(iii) Township enterprises – 3.57%

(iv) Rural enterprises – 1.79%

(b). Information from Entities reporting to my department is as per attached spreadsheet below.

 

 

 

Reply:

(a). (bb) and (cc); (b).

The National Department of Sport, Arts and Culture (DSAC) does not administer provincial and city orchestras; these orchestras do not report to DSAC and do not fall within the ambit of DSAC. Therefore, DSAC is not able to answer your questions regarding operational matters of provincial and city orchestras.

(aa). With regards to Mzansi National Philharmonic Orchestra (MPNO), the National Orchestra does not hire permanent staff and musicians. Just like in a national sports team where the sportsmen and sportswomen are drawn from regional teams, the National Orchestra draws its artists from multiple provinces throughout South Africa, as per each programme’s needs.

However, we commend Mzansi National Philharmonic Orchestra for providing 1012 (one thousand and twelve) job opportunities in 2022 for orchestral players and choir members who hail from multiple provinces of South Africa.

(b). In terms of the split between artistic and operational costs, as per the National Arts Council (NAC) Act and the contract between DSAC and the NAC, 75% of the budget of the National Orchestra must be spent on artistic and production-related endeavours. And up to 25% on operations, including corporate marketing, administrative and other indirect costs. I am glad to report to the House, that in 2022, the Mzansi Philharmonic overachieved in this regard. And spent 77,2% on artistic-related endeavours, including R20 million grants programme which entailed allocations to more than 38 provincial, city and youth orchestras and education and community music programmes throughout South Africa.

In addition to the major urban areas of Johannesburg, Durban and Cape Town, these grants also benefited provinces such as the Northern Cape, North-West, Mpumalanga, Eastern Cape, and the Free State.

Therefore, Mzansi National Philharmonic Orchestra is achieving one of its important objectives which is to broaden the orchestral experience of South Africa. The balance of the budget or 22,8% of the budget was spent on operational costs, well below the allowed ceiling of 25%.

Reply:

Following the launch and the dissemination of the DBE Policy on the Prevention and Management of Learner Pregnancy in Schools, currently the Department is developing a Prevention and Management of Learner Pregnancy Implementation Guide for schools, in an effort to support the school leadership. Furthermore, the department continues to strengthen the implementation of programs that contributes to the prevention of learner pregnancy, i.e., Integrated School Health Program, Comprehensive Sexuality Education from Grade 4 – 12 and peer education programs that support uptake of sexual and reproductive health services.

Reply:

(a). The Cultural and Creative Industries Masterplan was approved in parliament in August 2022. Consultation on the Master Plan with the sector and the provinces has taken place. A funding framework to integrate the Annual Performance Plan (APP) with the Masterplan Key Action Priorities is currently in progress. A funding framework is being consolidated by the South African Cultural Observatory (SACO) to assist with a funding mechanism for the sector.

(b)(i) &(ii). Falls off or no longer necessary based on response to (a) above.

Reply:

a) According to the Eastern Cape Department of Human Settlements, no investigation has been conducted, safe to indicate that the name of the project is known as Komga Zone 10 Phase 1 housing project.

b) The Department is not aware of any scandal regarding the specified project.

Reply:

The Feasibility Study on the Amalgamation of public entities recommended that the National Arts Council and the National Film and Video Foundation be merged to one entity which will be responsible for funding across the sector. This process has not been aborted and a task team has been assembled to manage the process of amalgamation of these two entities and others as recommended by the feasibility study report. It will start its work in the current financial year.

Reply:

Netball South Africa has indicated that all these questions are not relevant to them as they do not have a Chief Financial Officer (CFO).

Reply:

The response has been processed for tabling as attached.

Reply:

Netball South Africa has indicated that all these questions are not relevant to them as they do not have a Chief Financial Officer (CFO).

Reply:

(a). It should be noted that outside the funding allocation made by the Department of Sport, Arts and Culture (DSAC) from a ring-fenced Municipal Infrastructure Grant (MIG) administered by Department of Cooperative Affairs and Traditional Affairs (COGTA), municipalities are required to use at least 5% of their baseline MIG on sport infrastructure.

This means that besides the ring-fenced MIG allocated by DSAC, the baseline MIG that municipalities receive from the COGTA can and should also be used towards development of sport facilities, and this is the budget used to construct this is sport facility in question.

In essence funds used for this facility were not allocated by DSAC, and in fact National DSAC learnt about the project through the media and the resultant public outcry.

For this reason, as part of holding the municipality accountable, DSAC had a meeting with the Municipality, Provincial COGTA, and Provincial Treasury to establish all the facts about the project as was reported through the media.

Subsequent to this meeting a report providing an account of all developments in the project was provided (See Annexure A), and this was the extent of the involvement of National DSAC on holding the Municipality accountable.

Regarding consequence management that must be sanctioned against persons found to be at fault, the Department must allow relevant parties (i.e., the Municipality, Provincial COGTA, Provincial Treasury and Auditor-General) to pursue such a process, as this does fall within its mandate.

(b). In 2017/18 DSAC allocated Winnie Madikizela Mandela Local Municipality (then called Mbizana Local Municipality) R12 000 000 for construction of some of the items in Mphuthumi Mafumbatha Sport Facility. The Scope of Work funded by DSAC included:

• • Design of the whole facility - completed.
  • Construction of soccer artificial turf – completed.
  • Construction of rubberised athletic track – installation underway

Additional to the above, municipality funded the following items from its own budget:

• • Fencing – completed.
  • Grandstand - completed.
  • Combi courts – construction underway
  • Ablution and storage facilities - completed.
  • Change rooms and office space – completed.

Whilst DSAC make allocations from the ring-fenced MIG to Municipalities for the purpose of development of sport facilities, the funds are transferred by COGTA to the Municipalities, and the latter follow their own Supply Chain Management processes to appoint a suitable bidder. DSAC is not involved with this process, and any transgressions in this process should be dealt with by relevant and competent parties.

Reply:

PESP 1: the 2020 allocation was implemented in the 2021/22 financial year.

PESP 2: There was no allocation made to the NAC to implement.

PESP 3: There were no issues with the implementation.

Consequence Management was instituted against persons implicated in the Forensic report as follows:

1. Council Members: All findings related to Council Members were dealt with by the Minister’s Office as the National Arts Council did not have jurisdiction over them.

2. Senior Management: All findings related to Senior Management were dealt with through an internal disciplinary hearing process by the National Arts Council.

2.1 Ms. Rosemary Mangope- CEO

The disciplinary hearings of the CEO commenced in December 2021. The hearing proceeded before an Independent Chairperson on 14 December 2021; 7, 8, 9 and 10 February 2022; 23 and 25 March 2022; and 4 April 2022. The matter was concluded through a settlement agreement reached in April 2022.

2.2 Mr Clifton Changfoot – CFO

The disciplinary hearings of the CFO commenced in December 2021. The hearing proceeded before an Independent Chairperson on 24, 25, 28 January 2022, and 14,15, 16, and 17 March 2022. Following a disciplinary process on the 9th of May 2022, the Chairperson of the disciplinary inquiry issued a ruling of guilt against the CFO. The employee was dismissed.

Reply:

(a)(i)(ii). After piloting the Wellness Program for 3 years; the Department has through a tender process appointed a service provider to implement this piloted Wellness Support Programme for Artists and Athletes. The Wellness Support Programme includes the following deliverables:

• Selection of participants and placement of services (for National Accessibility)
• 24-hour Psychosocial Wellbeing Support Programme Counselling (for 24-hour access and counselling)
• Individual Wellbeing Audit and Capacity Assessment (for individual GAP assessment)
• Wellbeing Support Programme Marketing and Communication (for Awareness and Mobilisation of Participants and Stakeholders)
• Artists and Stakeholder Engagement (for Industry-wise-counsel demands)
• Health Risk Assessment (for Medical Health)
• Close Support Interventions (to close the identified Gaps and a sustainable Support Network)

(a)(i)(ii)(iii). The reference to the deliverables encompasses the integration of the holistic well-being of the participants, according to the recognised and trademarked wellbeing model. The programme will be rolled out nationally into all nine provinces to ensure accessibility. This will be done through a data-free enabled mobile application that will be available to participants.

There will also be in-person engagements with the service provider promoting the programme at selected sites.

Reply:

(1). The Department of Sport, Arts and Culture (DSAC) does not administer provincial and city orchestras; these orchestras do not report to DSAC and do not fall within the ambit of DSAC. Therefore, DSAC is not able to answer your questions regarding operational matters of provincial and city orchestras.

(2). The Department of Sport, Arts and Culture (DSAC) does not administer provincial and city orchestras; these orchestras do not report to DSAC and do not fall within the ambit of DSAC. Therefore, DSAC is not able to answer your questions regarding operational matters of provincial and city orchestras.

(3). The Department of Sport, Arts and Culture (DSAC) does not administer provincial and city orchestras: these orchestras do not report to DSAC and do not fall within the ambit of DSAC. Therefore, DSAC is not able to answer your questions regarding operational matters of provincial and city orchestras.

As stated before, the National Orchestra does not employ permanent musicians but draws on the best available musicians from multiple provinces throughout the country.

Reply:

(a). The pay gap between male and female professional athletes is a challenge that requires all role players within the Sport and Recreation fraternity to actively address. The Department is leading discussions in this critical space through the development of the Women in Sport Policy. This policy is designed to ensure equality within the Sport and Recreation sector across the various spheres of the industry, e.g., administration, coaching, salaries of professional athletes, etc. The South African Cabinet has approved that the above-mentioned policy be gazetted for public comments.

(b). It must however be noted that professionalization of Women’s Sport is key in addressing pay parity between females and males. To this end the Department with limited financial resources has been primarily providing support to Cricket SA, South African Football Association, Netball SA, and South African Rugby for the implementation of Women’s programmes with the aim of establishing professional leagues.

The success of these kind of initiatives is dependent on the corporate investment in Women Sport. The Private Sector (Corporate) is mainly driven by commercial interest hence it is imperative that commercially attractive and bankable products are developed. The best cases in point are that Women’s National Teams players and technical personnel in Cricket, Rugby and Netball are now contracted on a full-time basis and paid salaries. This is the first step towards the professionalization of Women’s Sport which lays a foundation for the realization of pay parity in our sport.

Reply:

a). The school Sport is programme implemented jointly with the Department of Basic Education (DBE) and this partnership is formalised through the Memorandum of Understanding (MoU). The lower levels of participation, as contemplated in the MoU, is the responsibility of the Department of Basic Education. They are largely responsible for providing intra/inter School Competition including Cluster level School Sport opportunities. The Department of Sport, Arts and Culture provides funding to the Provinces through the Conditional Grant and 40% of the grant is dedicated for the provision of School Sport. The provinces have been able to provide the schools, mainly quintile 1 and 2 schools with Sport Equipment and Attire and have also helped them with training of teachers as coaches and managers and the employment of sport co-ordinators.

The Department further hosts the National School Sport Championships Provinces must ring-fence R8 million of the Conditional Grant School sport allocation to provide transport, accommodation, attire, and delivery of provincial teams to the National School Sport Championship.

b). The Sport infrastructure development and maintenance in schools is the responsibility of the Department of Basic Education. The norms and standards of schools makes provision for development of facilities. 

c). We have been able to construct Multi-purpose Combi courts in schools using equitable share. As a legacy of the Netball World Cup in 2022/2023 and 2023/2024 financial year, in partnership with Netball SA, Netball legacy courts are being rolled out in provinces: 3 have already been completed and 6 more will be completed by end of June 2023.

The current MoU makes provision for the use of Municipal Infrastructure Grant (MIG) to build facilities in Schools, however further discussions with COGTA are necessary to finalise this to enable this provision.

The Minister of Sport, Arts and Culture has already met with the Minister of Basic Education who indicated a commitment to roll out the Wednesday afternoon Sports Programmes.

Reply:

The Department of Sport, Arts and Culture is responsible for six theatres, namely, The Playhouse Company, Artscape, South African State Theatre, The Market Theatre Foundation, Performing Arts Centre of the Free State and Mandela Bay Theatre Complex.

None of these theatres have been rendered non-functional and/or dysfunctional in the past three financial years.

(a). The financial allocation for the six Theatres in the past three financial years is as follows:

ENTITY	2020/2021	2021/2022	2022/2023
Artscape	65 269	65 849	67 478
Playhouse Company	49 634	53 866	55 193
The Market Theatre Foundation	48 709	51 216	52 561
South African State Theatre	63 504	61 247	62 752
Performing Arts Centre of the Free State (Pacofs)	46 883	48 823	50 024
Mandela Bay Theatre Complex	N/A	N/A	00

(b). Performing Arts Centre of the Free State commissioned an investigation on allegations of nepotism, irregular suspension, and abuse of power by the former Chief Executive Officer. The report was completed in October 2020 and Council implemented the recommendations of the report. There are no ongoing investigations in the theatres mentioned above.

Reply:

The response to 785 was submitted for tabling as attached:

Reply:

1. The Protection of Personal Information Act (POPIA) prohibits the sharing of personal information without consent from the affected person(s). However, I am informed by the Eastern Cape Department of Human Settlements that Gaza Construction was appointed to build 550 housing units at Khomga Commonage as part of Phase One. The province further advises me that the supply of Water and Sanitation Infrastructure was a project implemented by Amathole District Municipality (ADM), not by the Eastern Cape Department of Human Settlements therefore, Amathole District Municipality would be better positioned to respond to this question.

(2) The Department is not privy to such information.

(3) As a rule, the state cannot conduct business with blacklisted companies. However, I am advised by the Eastern Cape Department of Human Settlenents that the Amathole District Municipality is in a better position to answer this question.

(4) Yes, Minister conducted an oversight visit at Khomga in August 2021.

Reply:

1. (a)(b). As stated in the previous answer, the Department of Sport, Arts and Culture (DSAC) does not administer provincial and city orchestras. And these orchestras do not report to DSAC. Therefore, DSAC is not able to answer your questions ‘regarding operational matters of provincial and city orchestras.

iii). The National Orchestra does not have permanent musicians but draws its musicians from multiple provinces throughout the country and engages these musicians as per each programme’s needs. As stated above, we commend the National Orchestra for providing 1012 (one thousand and twelve) job opportunities in 2022 for orchestral players and choir members who come from multiple provinces of South Africa.

Reply:

The following is the information provided by Netball World Cup Organizing Committee.

1. The Directors of Mveledzo Netball Coaching (Pty)Ltd trading as Mveledzo Sport Facilities is – 100% owned by Martha Selloane Masoahle

2 (a). The company is based at 8 Mary Place Valley View Estate, Midrand, Gauteng 1685

(b). The company is registered with CIPC, Enterprise Name: Mveledzo Netball Coaching (Pty)Ltd. Reg No:2013/028358/07 and was registered on the 19/02/2013.

3. Yes, the company sourced the wooden floors from abroad, from the following companies: (i). From USA through Australia (Australian Wooden Floors/Horner) and Italy (Adisport)

4. There was an invitation to tender that was issued on the NWC2023 website on the 07 September 2021, which closed on the 21 September 2021, according to our records.

Reply:

a) (i) The Department of Agriculture, Land Reform and Rural Development established a Sector Energy Crisis Task Team comprised of government, industry, research institutions and sector entities. The work of the Task Team, engaging with Eskom looked at immediate, short and long term contingency plans to protect the sector against the negative impact of load shedding. The interventions will cover the sector at large including all categories of farmers. The interventions are also being aligned to the pronouncements delivered by the Minister of Finance during his budget speech statement.

The proposed interventions are:

• Customers with dedicated supply infrastructure should apply for load curtailment.
• Customers supplied by the same feeder/ substation can group together and apply for load curtailment.
• Review the schedule (duration and or time) where possible, to accommodate the needs of majority of customers (the criteria will be based on impact/number of commercial customers).
• Customers in municipal supply area where switching is done by Eskom and where possible, to exempt/curtail, municipalities to be allowed to do own switching to accommodate customers.
• Reconfigure the network to allow possible isolation where possible.
• Install micro grids, PV’s and battery containers for critical loads especially during critical times such as harvesting, irrigation and refrigeration- this will require customers to identify the essential load.

As announced during my Budget Speech, the Department is establishing the Agro-Energy Fund at the Land Bank. This is a blended finance instrument where the state will provide a grant on a sliding scale per producer category combined with a loan from the Land Bank.

The focus of the Agro-Energy Fund is on energy intensive agricultural activities. These include irrigation, intensive agricultural production systems, and on-farm cold chain related activities. The blended thresholds and caps per category of producer are as follows:

• a large-scale producer will receive 30% grant funding to be matched with a 70% loan portion, where the grant amount is capped at the maximum of R1.5 million;
• a medium-scale producer will receive a 50% grant to be matched with a 50% loan portion, where the grant is capped at the maximum of R1 million; and
• a smallholder producer will be supported by a grant portion of 70% to be matched with a 30% loan. For this category, the maximum grant funding is capped at the maximum of R500 000.

Table 1: Grant Limits

Farmer Categorization	Large Scale Farmer	Medium Scale Farmer	Small Scale Farmer
Turnover	>R10m <R50m	>R1m-R10m	>R50k -R1m
% Grant of the Cost (valid Quotation)	30%	50%	70%
Land Bank Loan Component	70%	50%	30%
Grant Caps	R1.5m	R1m	R500 000

(ii) The Grant caps will be according to Table 1 above; however, the cost of the infrastructure needed by the farmer will be informed by the farmer’s farm energy requirement assessment based on the kilowatts. The pre-assessment by a competent expert registered with the South African Photovoltaic Industry Association (SAPVIA) will be key so that the correct fit for purpose system is installed.

The Blended Agro-Energy facility will be used by qualifying producers for the purchase of capital equipment and infrastructure (CAPEX) for alternative energy sources directly linked to energy-intensive farming operations.

Table 2: Common high energy consuming activities at the farm level

Dairy Farming	Piggery	Poultry	Field Cropping	Horticulture including (Greenhouse)
Milk cooling machinery	Heating	Lighting	Cold Storage	Cold Storage
Lighting	Ventilation	Feeding machinery	Tilling	Irrigation
Milking machinery	Lighting	Ventilation	Irrigation	Ventilation
Feeding machinery	Feeding machinery	Heating		Lighting

NB: the list is not exhaustive

b) DALRRD consulted sector stakeholders and continues to do so. The stakeholders consulted include the CEOs of industry, commodity organisations, research fraternity, farmers organisations and government entities including Eskom.

Reply:

(a) On what date is it envisaged that she will finalise the appointment of the new SA Tourism Board.

We are targeting no later than end of October 2023.

(b) What time frames have been put in place in this regard.

It is not possible to state the exact time frames but the process is envisaged to take up to 160 days for finalisation of the appointment of the board.

30 days are dedicated to placing the advert for Nominations of new members to serve on the Board of SA Tourism in the government gazette and two national newspapers in terms of the Tourism Act, Act 3 of 2014.

 

30 days are allocated to the evaluation of candidature and verifying qualifications;

30-60 days for vetting by SSA;

30 days are set aside for the Cabinet processes, which entails the Cabinet Committee making recommendations to Cabinet for concurrence;

And 15 days for appointment and subsequent publication of the names and term of office of the Board in two national newspapers and Gazette.