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19 March 2021 - NW440

Mohlala, Mr M to ask the Minister of Human Settlements, Water and Sanitation

(a) What are the reasons that her department has not tabled the 2019-20 Annual Report and Financial Statements in accordance with the Public Finance Management Act, Act 1 of 1999, and National Treasury Regulations guiding time frames and (b) by what date will the specified report be tabled in Parliament?

Reply:

Honourable Member, the annual report referred to was tabled on 09 March 2021.  

The reasons for the late tabling of the 2019/20 Annual Report of the Department of Water and Sanitation are set out in my letters to the Speaker and were subsequently referred to the Portfolio Committee for deliberation. For ease of reference, I have attached the parliamentary paper referred to Announcements, Tabling’s and Committee Reports (ATC), wherein my letters were published.

19 March 2021 - NW537

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Cuthbert, Mr MJ to ask the Minister of Trade and Industry

(1) (a) On what date was the SA Trade Policy and Strategy Framework last revised and/or updated and (b) what are the relevant details thereof; (2) whether he has found that the SA Trade Policy and Strategy Framework accurately reflects the nature of the current South African economy and global economy at large; if not, what is the position in this regard; if so, what are the relevant details; (3) whether his department has a trade policy review mechanism in place, with clear terms of reference; if not, why not; if so, what are the relevant details thereof?

Reply:

The Trade Policy and Strategy Framework (TPSF) document was published in 2010 and represents South Africa’s broad approach to trade policy and strategy, following extensive consultations between government and stakeholders in NEDLAC. An update was issued in November 2012, largely focused on updating trade data. The DTIC website now contains regularly-updated and comprehensive trade data on a monthly basis, the latest reflecting the position as at January 2021, which includes trade import and export values for all trading partners.

The TPSF is premised on objectives set out in the National Development Plan to promote and accelerate economic growth along a path that generates sustainable, decent jobs in order to reduce the poverty and extreme inequalities that characterise South African society and economy. It outlines how trade policy and strategy in South Africa can make a contribution to meeting the objectives of upgrading and diversifying the economic base in order to produce and export increasingly sophisticated, value added products that generate employment. Trade policy should support industrial policy.

The TPSF aims to ensure that we preserve the policy space to pursue national objectives while leveraging the benefits of more integrated regional and global markets. This has also informed our approach to a range of trade-related policy areas.

The TPSF recommended strengthening the institutional arrangements for trade policy making in South Africa. Ongoing efforts have been undertaken to improve coordination and consultation within government and between government and stakeholders in Parliament, NEDLAC, research institutions and academia. This work is ongoing.

The TPSF is broadly framed in policy and strategy terms. While there have been changes in the value of trade and rankings amongst trade partners as well as changes in the content of bilateral trade, the strategic thrust and overall orientation of the TPSF to support industrial development in SA remain relevant. The core principles and approach set out in the TPSF continue to offer importance guidance in approaching international trade from an industrial development and transformation perspective.

Application of trade policy needs to be agile, taking account of changes in the trade and policy environment – for example, the position of the previous US Administration on trade matters, the decision of the UK to leave the European Union, the opportunity to expand trade with the rest of the African continent and the impact of the Covid-19 pandemic on SA national priorities. The policy is reviewed regularly internally and the manner in which it is applied and adjusted are set out from time to time by statements made by the Executive Authority, including in Budget Votes, other statements in Parliament and at the World Trade Organisation. The following trade interventions illustrate how the Trade Policy and Strategy Framework is applied and adjusted to circumstances.

  • 2011: Negotiations of the SACU-MERCOSUR Preferential Trade Agreement (entered into force in December 2018)
  • 2011: Adoption of modalities at the Tripartite Free Trade Agreement Summit to promote regional trade between SADC, EAC and COMESA.
  • 2014/15: Engagement and agreement with US and SA on poultry quotas and its relationship with continuation of AGOA benefits by SA
  • 2015: Decision to launch negotiations leading to the conclusion of the African Continental Free Trade Area (AfCFTA).
  • 2015: Engagements with the US Trade Representative on the extension of AGOA (followed with annual Ministerial meetings of the AGOA Forum in 2018 and 2019).
  • 2017: Trade negotiations initiated with the UK in July 2017 following the UK’s decision to exit the EU.
  • 2018: Review of the SACU-EFTA Free Trade Agreement
  • 2018: Signing of AfCFTA agreement and ratification by SA Parliament
  • 2015: Conclusion of negotiations with the EU to update trade arrangements (the agreement that flowed from this, the SADC-EU EPA, entered into force in September 2016).
  • 2019: Negotiations on a new Economic Partnership Agreement (EPA) concluded with the UK in September 2019 at which time a Ministerial Statement was delivered in the National Assembly. The new EPA entered into force on 1 January 2021.
  • 2019: Review of outcomes and issues in SA-US trade relationship - bilateral Ministerial meetings held with the United States Trade Representative (USTR) and the US Department of Agriculture in December 2019 on broad trade policy issues and bilateral trade challenges and opportunities.
  • 2019: Development of integrated approach at sector level on trade, competitiveness and procurement matters for poultry industry and clothing, textiles, footwear and leather products
  • 2019/20: AfCFTA: Development of a country approach on specified Rules of Origin and SA submission (through SACU) of offer on tariff reduction
  • 2020: Trade policy adjustments to take account of Covid-pandemic: trade-related regulations issues; and proposal submitted at the WTO for a Waiver of specific provisions of the Trade-related Aspects of Intellectual Property Rights to overcome shortfalls in the equitable supply of affordable COVID-19 vaccines.
  • 2021: integrated approach between trade and a range of policy areas, including industrialisation, transformation, building a capable state and local economic development set out in the DTIC Annual Performance Plan for 2021/22 tabled in Parliament in March 2021.

-END-

19 March 2021 - NW583

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Lorimer, Mr JR to ask the Minister of Mineral Resources and Energy

Whether the general public is able to view the locality of applications, rights and permits made and/or held in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, via his department’s South African Mineral Resources Administration System; if not, (a) why not and (b) for how long has the View South Africa Geographic Information System facility not been available; if so, what are the relevant details? NW639E

Reply:

a) The general public can view the locality of applications. Members of the public will need to register as a user of the system, select relevant province and commodity/ies to able to view.

b) The South Africa Geographic Information System facility has always been available.

19 March 2021 - NW524

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Tarabella - Marchesi, Ms NI to ask the Minister of Trade, Industry and Competition

(1) Whether any staff member in his department (a) performed work outside normal working hours in addition to the responsibilities related to his or her work in the past five financial years and (b) has been performing such work during the period 1 April 2014 up to the latest specified date for which information is available; if not, in each case, how is it determined whether such work is being performed or not; if so, in each case, (i) what number of staff members and (ii) in what job and/or work categories are the specified staff members employed; (2) whether approval for such work was obtained in each case; if not, what is the position in this regard; if so, (a) what is the policy of his department in this regard, (b) by whom are such applications considered and approved, (c) what number of contraventions of this policy were brought to the attention of the National Treasury in the past five financial years and (d) what steps have been taken against the transgressors? [NW580E]

Reply:

1. (a) I have been advised that departmental records reflect that there were no employees of the then Department of Trade and Industry who performed work outside normal working hours, in addition to the responsibilities, related to their work in the past five (5) financial years.

(b) (i) In 2017, the dti had two (2) applications declined by the Head of Department as conflict of interest was determined.

In 2021 one (1) application was declined by the HoD as conflict of interest was determined.

(ii) The above applicants are employed in the Industrial Financing Branch.

2. No approval was granted for the applicants as conflict of interest was identified.

(a) According to Public Service Regulations, 2016; Regulation 24 states that “An application by an employee to perform remunerative work outside his or her department shall be in accordance with the process determined by the Minister and in the form issued by the Minister”. No employee at the dti/c is allowed to perform other remunerative work without approval.

(b) The HoD of the dtic is responsible for approving other remunerative work applications as delegated by the EA.

(c) There were no contraventions as all applications were declined by the HoD.

(d) N/A

-END-

19 March 2021 - NW298

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Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture”

With reference to the Iziko Museum, (a) how long has the Michaelis Collection been stored, (b) where is it stored and (c) what is it worth?

Reply:

(a). The Collection has been in storage since 31 December 2015.

(b). The Michaelis Collection is stored in the Iziko storerooms for security reasons.

(c). For security reasons, the Iziko Museums would not like to disclose the value of the said Collections.

19 March 2021 - NW432

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Mokgotho, Ms SM to ask the Minister of Cooperative Governance and Traditional Affairs

In view of the recurring management problems at the Makana Local Municipality, leading to its inability to provide basic services such as clean water to its residents, what steps has she taken to ensure that the specified municipality is able to guarantee access to clean water for its residents?

Reply:

Makana Local Municipality, which forms part of the Sarah Baartman District Municipality in the Eastern Cape Province governs the town of (Makhanda) as well as the towns and villages of Alicedale, Seven Fountains, Riebeeck East and Fort Brown. The Municipality has been slacking in the provision of basic service for several years, and this has been aggravated by persistent drought conditions that has been prevalent for over five years to date. The drought is by far the worst droughts in history, resulting in very low dam levels which led to the town experiencing various water crisis.

There have been several challenges pertaining to service delivery in Makhanda especially the provision of clean water to the residents, however the municipality has several projects in place that seek to address these challenges. It must be noted that for the provision of "clean water" by Makhanda; a number of matters have to be addressed through interventions. There was the identification of the problems’ source first, then interventions were / are being implemented to address the problems, and that is addressing the matter of ensuring the provision of clean water.

This response highlights the interventions that the Municipality undertook, and or is undertaking to provide clean water; the interventions therefore translate to the projects that are aimed at addressing:

  • Aging Infrastructure issues (leakages, overflows from reservoirs. etc, to avoid wastage and ensure that the clean water supply demand is met).
  • The capacity of the existing infrastructure issues (the need to meet existing and future demand).
  • The issue of the sufficiency of the available clean water supply (balancing demand versus supply).
  • The need to identify and provide future potential water sources (to augment clean water supply for future growing demand).

The interventions listed below highlight the projects that were implemented over the years to ensure consistent water supply to Makhanda residents, as well as ensuring that the current and future resources and infrastructure support the goal of supplying clean water to the Makhanda communities.

1. WORK DONE TO GUARANTEE ACCESS TO CLEAN WATER.

The Municipality is in the process of responding to the water infrastructure challenges and therefore the development of a comprehensive Infrastructure Asset Management Plan has already commenced. Projects that will ensure increased water supply capacity to meet the demand have also commenced, as well as the development of a comprehensive Water Conservation and Water Demand Management Strategy.

​1.1 Water Conservation Demand Management Projects:

      1. Makana embarked on a water loss management study (meter audit and pressure control study), which has identified problem areas and solutions. The solutions include prioritization of new meters, replacement of old meters and billing system database cleansing.
      2. Water Conservation & Demand Management projects resulting in meter replacement; repairs to leaks; refurbishment of pumps; management of water supply.
      3. Capital funding was secured from the Department of Water Affairs for the bulk water supply (James Kleynhans) amounting to R150 million. The project is being implemented by Amatola Water Board and there is satisfactory progress on site. Upon completion, the project will increase James Kleynhans Water Treatment works capacity from 10ML to 20ML/day. A tender was awarded in December 2020 for the supply of 2 electric motors. The electric motors were delivered on the 25th of February 2021; and that boosted the number of standby motors at the JKWTW.
      4. The reservoir and water pipeline for ward 12 (Rhodes University and Monument) was constructed at a cost of R4.7 million;

The projects in the table below are currently at different stages of implementation:

Name of the project

Amount

% complete

Refurbishment of Riebeek East WTW

6 955 044

100%

Refurbishment of Jameson and Milner Dam

10 000 000

100%

Refurbishment of Alicedale WTW

10 147 495

100%

Purchase James Kleynhans Pump Set

1 220 000

100%

Fencing of Bothas Hill Reservoirs

1 301 739

100%

Feasibility Study of investigation of water supply to Makhanda West from James Kleinhans WTW

1 421 079

100%

Replacement of Asbestos pipes in water reticulation network in Grahamstown

4 007 617

Contractor appointed

Waainek Bulk Water Supply Refurbishment (Multi-year Project)

8 932 226

33%

Groundwater Development (Boreholes)

  1. 798 857

100%

2.. Water Crisis Disaster Management Projects:

      1. Water loss management through leak repairs (Mobisam), zone and domestic meter installation, in a bid to realise revenue enhancement.
      2. Repair or replacement; upgrading and expansion of telemetry system at reservoirs (Tantyi and Bothas Hill).
      3. Upgrading of SCADA (Supervisory Control and Data Acquisition), computer system used for monitoring and control of infrastructure, (all, excluding Seven Fountains).
      4. Refurbishment and or replacement of pump sets and equipment (i.e. pumps, motors, electricity supply, inlet screen, valves, etc.) at pump stations; (new motor from ACTOM (motor no. 4) was procured, and the pump (Pumps No.3 and No.4) were refurbished at James Kleynhans Pump Station.
      5. Cleaned, refurbished and secured two reservoirs (Reservoir No.1 and Botha’s Hill).

3. SUPPORT BY MISA AND NATIONAL COGTA

MISA is providing technical support in terms of civil work on infrastructure and the electrical engineer is normally on site at the James Kleynhans Water Treatment Works. MISA also provides funding for the rehabilitation and maintenance of Grahamstown CBD road, Somerset, Hill and New Road.

The support is also given to municipality on MIG Projects planning, implementation and monitoring processes as well as ensuring the development of response plan to service delivery challenges.

National Cogta has allocated MIG funding to deal with all the persistence service delivery challenges including Water and Sanitation.

19 March 2021 - NW445

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Arries, Ms LH to ask the Minister of Home Affairs

(a) What steps has he taken to prevent cases of identity fraud from happening and (b) how much of this practice has he found is due to corruption by Home Affairs officials?

Reply:

a) Counter Corruption and Security Services has been established within the Department with a revised mandate to conduct constant research, analysis, implementation and monitoring with a view of preventing corruption and raising awareness around fraud and corruption. However the Department has partnered with the Department of Health (DoH) to ensure that each child is allocated with a birth certificate on the spot, by registering birth at health facilities. This will curb identity theft from the onset as an ID number gets allocated and remains with the child for life. The primary purpose is to ensure a credible population register, not vulnerable to theft and fraud.

With live capture the Department is able to identify applicants through online verification which has a direct interface with our Home Affairs National Identification System (HANIS) to identify persons through biometrics. Furthermore, during collection of Smart Identity cards, online verification is also performed to ensure that the correct enabling document is handed over to the appropriate clients. Moreover, the South African Smart ID card and passport have enhanced security features. The Department is moving away from paper to a paperless environment. The Department is thereby progressively phasing out the manual application process.

In addition, in terms of the Departments’ Information Security Policy, a model was built around proactive risk assessment and risk management where all users responsible for registering and capturing births and identity related applications within the domain of the organization, are assigned with biometric fingerprint authentication, to detect and hold users accountable for fraudulent activities.

b) Processes are evaluated by Branch Counter Corruption and Security Services to identify security breaches, vulnerabilities and loopholes and reports drafted and send to relevant sections to implement recommendations. However, each time Branch: Civics (CS) improve systems to close loopholes, criminals also changes their Modus Operandi against what has been put in place to prevent Identity Fraud. As they change their methods, Counter Corruption also found ways to identify those gaps and CS will implement by closing gaps where possible.

Identity Fraud does in most instances start from Birth Registration, especially Late Registration of Birth (LRB), where birth is registered after 30 days of even later than that.

In that regard, committee were composed or formed in Provinces to sit and interview applicants in categories in order verify where and when did that birth occurred and in that case that is where in most cases foreign nationals “buy parents” to assist them obtain birth certificates and then Identity documents.

From the beginning of financial year 2020 – 2021, 33 cases of Identity fraud were investigated divided as follows:

• Quarter One (1) 14 cases were investigated

• Quarter Two (2) 5 cases were investigated

• Quarter Three (3) 8 cases were investigated

• Quarter Four (4) 6 cases were investigated

Finalised cases are not yet reported but will be reported by the end quarter 4.

END

19 March 2021 - NW473

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Powell, Ms EL to ask the Minister of Human Settlements, Water and Sanitation

(1)What Public Service and Administration regulations does she rely on to make appointments external to approved staff establishments within the national Department of Human Settlements; (2) whether appointments made external to approved staff establishments in the national Department of Human Settlements need to be competitively advertised; if not, why not; if so, what are the relevant details?

Reply:

1. The appointment of personnel additional to the establishment is done in accordance with Section 14 of the Public Service Act of 2007 and the Public Service Regulations of 2016.

2. No.

19 March 2021 - NW616

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Paulsen, Mr N M to ask the Minister of Forestry, Fisheries and the Environment

Given that air quality monitoring stations (AQMS) are essential for a country like South Africa that relies heavily on fossil fuels, (a) how often does her department inspect the condition of the AQMS and (b) what measures are in place for her department to react to any adverse measurements at the AQMS?

Reply:

 

There are a total of one hundred and thirty-five (135) Air Quality Monitoring Stations (AQMS) owned by provinces, municipalities and the South African Weather Service (SAWS). While the department provides support to provinces and municipalities on AQMS operations and maintenance, the department does not own the AQMS.

  1. The conditions of AQMS are inspected in line with established standard operating procedures for AQMS operations and management. For routine services, the stations are inspected every two weeks by AQMS technicians. These inspections are guided by checklists which contain a list of activities that should be undertaken by the technicians. The checklist includes physical inspection of the AQMS environmental conditions, the general conditions of all instruments, power supply and air conditioner status, as well as detailed instrument diagnostic checks. The station inspections are documented and reported in line with standard operating procedures. During these inspections, if instruments failures are identified, the instruments are repaired onsite by technicians, where possible. Otherwise, if the technicians cannot repair the instruments because of major faults, the equipment is removed from the AQMS for further repair and maintenance.

In addition to the biweekly visits, every three months, comprehensive inspections are conducted to ensure that data collected from all instruments are credible and accurate. In these visits, the technicians undertake the general inspection and also calibrate and assess the performance of instruments. These visits are regarded as separate quarterly AQMS visits, and there are four visits per station per year.

There are also those situations when the AQMS might stop operating due to unforeseen circumstances such as power failure disruptions on instruments. In these situations, the AQMS are inspected as soon as is possible whenever an incident is identified on the South African Air Quality Information System (SAAQIS) as a disruption in data.

  1. Information from the AQMS is a major driver in air quality management decision making. When adverse measurements are observed at the AQMS, different jurisdictions have tailor-made interventions designed in air quality management plans or other strategic government programs to identify sources contributing to adverse measurements, and to implement necessary air pollution reduction measures. With the regulated air pollution sources such as industries, these interventions include enhanced compliance monitoring and enforcement through the atmospheric emission licencing command and control regime. For non-regulated pollution sources, such as veld-fires, transport, waste burning or residential fuel burning and others, air quality management interventions are designed to target those pollution sources, towards progressive realisation of air that is not harmful to the health and well-being of the public.

 

19 March 2021 - NW465

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Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture

(a). On what date last has each building under the care of the Iziko Museums of South Africa been painted and (b) how regularly does the five-year plan suggest that the specified buildings should be painted?

Reply:

a) The exterior of the Iziko Koopmans de Wet Museum was painted in 2010, the Iziko Slave Lodge was painted in February 2020 and the façade of the Bo-Kaap Museum was painted in October 2020. The Custodian (DPWI) of state-owned buildings funded only the painting of the exterior of the Iziko Slave Lodge and did not fund the painting of any other buildings over the past ten years.

b) The Five-year Conservation and Maintenance Plan states that the paint and decorative finishes of the external walls require a complete repaint every five years. The external woodwork should be repainted every three to five years.

19 March 2021 - NW262

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Komane, Ms RN to ask the Minister of Home Affairs

What (a) total number of cases of gender mislabeling mistakes has his department made over the past five years, (b) number of the specified cases have been resolved and (c) is the normal turnaround time for resolving the cases?

Reply:

(a&b) The Department does not promote gender mislabelling mistakes hence there is no discriminatory practice by the Department on the basis of colour, race, religion or gender. Our officials have been duly trained to be humane, caring and responsive in delivering quality services to the all the applicants in a fair-minded manner. The Department will investigate and resolve any case reported immediately upon receipt thereof, where required. Accordingly, the Department urges members of the public who may have thus been affected, should not hesitate to report such cases.

The Department cannot specify the gender mislabelling mistakes per se, however the response outlined per annum below is an indication of the total number of gender cases finalised which is inclusive of amendment and rectification applications over the past five years:

2016: 18155

2017: 18820

2018: 11301

2019: 11948

2020: 5255

(c) The normal turnaround time for resolving such cases is six (6) to eight (8) weeks.

END

19 March 2021 - NW644

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Singh, Mr N to ask the Minister of Forestry, Fisheries and the Environment

Whether any recent (a) interventions and/or (b) oversight activities have been actioned by her department in order to facilitate the safe removal of toxic mercury waste substances from the shutdown of a certain chemical factory (name and details furnished); if not, what (i) interventions and/or (ii) oversight processes will immediately be put in place in order to ensure that such substances do no further harm to the surrounding environment; if so, what are the relevant details?

Reply:

a) b) The Department of Environment, Forestry and Fisheries (DEFF) is currently in the process of facilitating the movement of the mercury containing waste materials from Cato Ridge, KwaZuIu- Natal to Switzerland where it is being treated prior to its safe disposal. Since April 2020, 1082 (one thousand and eighty-two) tonnes of this waste has been removed from the Cato Ridge site in 57 (fifty-seven) sea freight containers.

In order to ensure strict regulatory oversight during the extraction, repackaging and transporting of this material, the Minister of Forestry, Fisheries and the Environment, with the support of the political heads of the Department of Water and Sanitation; the Department of Labour; KwaZulu- Natal: Department of Economic Development, Tourism and Environmental Affairs and the Ethekwini Metropolitan Municipality formed an Intergovernmental Task Team in order to ensure strict compliance with, amongst others, the following:

On site health and safety by evaluating the outcomes of the biomonitoring that is done on all the employees involved in the extraction and repackaging of this material. Furthermore, and to the extent that it relates to onsite health and safety, a detailed Environmental Monitoring Programme was designed to identify the risks associated with each aspect of the removal process;

Ensure compliance to road transport regulations; and Monitor compliance with the Basel Convention which regulates the transboundary movement of hazardous waste.

There is also further work being undertaken to build a water-related inventory which will enable the authorities to make objective findings relative to the analysis done by the land owner. This information will be used to inform the Terms of Reference for the appointment of the services of an independent specialist to provide an independent recommendation around whether further remediation work is required after the waste is removed from this property.

There is an ongoing risk of theft of this material from the property, despite the many security measures that are being implemented. These incidents are reported to the South African Police Service as and when they occur, and have been elevated to the Minister of Police in order to request additional assistance, given the inherent risks associated with this material. It is anticipated that the removal of this waste will be finalised by June 2022.

Regards

MS B D CREECY, MP
FORESTRY, FISHERIES AND THE ENVIRONMENT

19 March 2021 - NW231

Buthelezi, Ms SA to ask the Minister of Human Settlements, Water and Sanitation

Whether, in light of the fact that the residents of Ndwedwe Local Municipality, KwaZulu-Natal, have raised the alarm that for eight years they have not had safe sources of water and as a result they are forced to share storm water with cattle and at times have been forced to utilise urine-contaminated water (details furnished), her department (a) intends to conduct onsite inspection of water infrastructure in Ndwedwe and (b) has any plans to repair and upscale water and sanitation infrastructure in Ndwedwe; if not, what is the position in each case; if so, what are the relevant details of the plans and estimated project timeline?

Reply:

(a) The Ndwedwe Local Municipality (LM) falls under iLembe District Municipality (DM) which is a water service authority within its area of jurisdiction. This entails that its mandate is to provide both water and sanitation services to all of its four local municipalities (Ndwedwe LM, Mandini LM, KwaDukuza LM and Maphumulo LM). The Department of Water and Sanitation (DWS) will work together with the iLembe DM to conduct an investigation regarding the residents’ complaint of not having safe water sources for domestic use. This approach will allow a coordinated solution to resolving the alleged water insecurity within the Ndwedwe LM areas. Our regional office in Kwa-Zulu Natal will conduct an onsite inspection to verify the current status of water supply in the area.

(b) I am informed that Ndwedwe LM has nineteen (19) wards and the level of service in these wards ranges from rudimentary to more reliable bulk water supply systems. Wards 1 to 9, 16 and 17 are supplied through small localized water supply schemes or stand-alone water schemes. The iLembe DM is aware that some of the water sources have been vandalized in some of the infrastructure of these small schemes and that has led to some not being able to supply water sustainably. In cases where the normal supply is affected, water shedding is applied and water tankers are used to augment the supply. These are monitored by the ward committee members and councillors

(c) For wards 10 to 15, 18 and 19, these areas are supplied through the existing bulk water supply scheme. Communities under wards 13 and 14 are supplied from the Umgeni Water bulk water supply system. Currently, these areas are receiving water intermittently due to shortages from the Umgeni bulk supply. As a result, the municipality is receiving 9 ML instead of 12 ML, and the 9 ML is distributed to wards 10 to 15, 18 and 19. Umgeni Water has completed the upgrade of the pumping system from the Hazelmere Waterworks, and is awaiting an upgrade of the electrical transformer to supply pump station 1, which will be done by eThekwini Metro (anticipated to be completed during 2021). To ensure there is sufficient storage, the iLembe DM has completed reservoirs 3 and 4 so that, once the transformer to supply the pump station 1 is completed, the system will be back to its normal supply. In addition, areas affected by the current construction were informed by the iLembe DM, water tankers are made available to augment the supply and are monitored by the ward committee members and councillors.

19 March 2021 - NW283

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Powell, Ms EL to ask the Minister of Human Settlements, Water and Sanitation

Whether she will furnish Ms E L Powell with all the relevant details of all (a) consequence management, (b) punitive action and (c) disciplinary action taken against (i) public representatives, (ii) Human Settlements Command Centre executive members, (iii) provincial officials, (iv) municipal officials and (v) employees of the Housing Development Agency in the instances that the specifications of the National Housing Code: Volume 4: Part 3: Emergency Housing Programme were not adhered to in the provision of Temporary Residential Units in the period 1 March 2020 and 1 October 2020; if not, why not; if so, what are the further relevant details?

Reply:

The Honourable member is referred to my reply to her questions 90 and 113, which are attached for ease of reference.

I also wish to remind the Honourable Member that the National Department of Human Settlements (NDHS) is not responsible for the implementation of Human Settlements Programmes. These are implemented by provinces and municipalities. The NDHS is responsible for developing policy and set norms and standards for the human settlements sector.

However, challenges encountered in the implementation of human settlements programmes are discussed at Human Settlements MinMEC and Joint MinMEC meetings with the Department of Cooperative Governance and Traditional Affairs (COGTA).

19 March 2021 - NW466

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Cuthbert, Mr MJ to ask the Minister of Trade, Industry and Competition

(1)What total amount has the National Lotteries Commission (NLC) spent on (a) advertising placement and/or (b) media over the past 10 financial years; (2) what (a) are the names of the media houses and/or publications in which the NLC have purchased advertising placements and (b) relevant annual amounts were spent on each specified media house and/or publication over the specified time period; (3) what was the NLC’s marketing budget in each financial year?NW522E

Reply:

I have been furnished with a reply to the question submitted, by Ms Thabang Mampane, Commissioner of the National Lotteries Commission.

Ms Mampane’s reply is as follows:

1. The NLC provides the content to the media houses and therefore advertising and media buying are packaged together. It is therefore not possible to identify individual amounts spent for advertising placement and media buying. The total amount spent in the various years for the advertisement placement and media buying is:

FY

2011

2012

2013

2014

2015

2016

2017

2018

2019

2020

R’000

965’

676’

2 181’

8 039’

9 610’

23 017’

5 396’

12 422’

16 968’

28 337’

 

2. NLC has used the following suppliers over the 10 years and the total related expenditure spent on each supplier specified in the below table. Annexure A has been attached which highlights the suppliers paid each year over the 10-year period and the related amount

3.

FY

2011

2012

2013

2014

2015

2016

2017

2018

2019

2020

R’000

Information unavailable

31 819’

23 085’

40 075’

22 825’

29 179’

30 652’

59 121’

-END-

19 March 2021 - NW585

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Mhlongo, Mr TW to ask the Minister of Sport, Arts and Culture

(1). Whether he will furnish Mr T W Mhlongo with the audited financial statements of Volleyball South Africa for the 2014-15 financial year; if not, why not; if so, (2). Whether his department has a stable relationship with Volleyball South Africa; if not, why not, if so, what are the relevant details of the relationship?

Reply:

Volleyball South Africa in its response provided us with the following;

1). Yes, the Audited Financial Statements for Volleyball South Africa for 2014 – 2015 financial year is attached.

2). Yes, the Department has a stable relationship with Volleyball South Africa. Through the support provided by the Department, Volleyball’s focus has been providing opportunities for participation in Volleyball in rural, local, district, provincial and national levels. The specific focus areas have been in the following:

a) Development of administrators, coaches and referees. (Indoor and Beach Volleyball)

b) Developing women’s’ participation at all levels of volleyball. (Indoor and Beach Volleyball)

c) Developing volleyball for people with disabilities.

d) Developing and encouraging youth participation.

19 March 2021 - NW520

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De Villiers, Mr MJ to ask the Minister of Public Works and Infrastructure

(1)Whether any staff member in her department (a) performed work in addition to the responsibilities related to his or her work, outside normal working hours, in the past five financial years and (b) has been performing such work during the period 1 April 2014 up to the latest specified date for which information is available; if not, in each case, how is it determined whether such work is being performed or not; if so, in each case, (i) what number of staff members and (ii) in what job or work categories are the specified staff members employed; (2) whether approval for such work was obtained in each case; if not, what is the position in this regard; if so, (a) what is the policy of her department in this regard, (b) by whom are such applications considered and approved, (c) what number of contraventions of this policy were brought to the attention of the National Treasury in the past five financial years and (d) what steps have been taken against the transgressors?

Reply:

The Minister of Public Works and Infrastructure:

1. (a) I have been informed by the Department that there were 168 employees who applied for remunerative work in the Department over the past 5 financial years. Through investigation, 2 employees were found to perform remunerative work without approval.

(b) 1 April 2014 to date is more than 5 financial years and the legislation changed with the implementation of the amended Public Service Regulations, 2016.

(i) The list of employees below applied for approval for RWOPS per financial year:

Financial Year

Number

2016/2017

8

2017/2018

11

2018/2019

70

2019/2020

58

2020/2021

21

ii Employees per category per financial year:

Financial Year

Category

Number

2016/2017

SMS

Below SMS

3

5

2017/2018

SMS

Below SMS

1

10

2018/2019

SMS

Below SMS

8

62

2019/2020

SMS

Below SMS

7

51

2020/2021

SMS

Below SMS

3

18

*The 2 employees that did not have approval: 1 SMS and 1 below SMS.

2. Approval was obtained for 168 employees to perform other remunerative work outside the Public Service.

a) Approval was granted in line with the Public Service Act Section 30, Public Service Regulations, 2016, the Directive on other remunerative work outside the employee’s employment in the relevant Department, Directive on conducting business with an organ of state and recently in 2020 the Department of Public Service and Administration also issued a guide on the management of other remunerative work in the Public Service.

b) The Director-General approved levels below Senior Management and the Minister Senior Managers.

c) None of the 2 employees that were in contravention were brought to the attention of National Treasury.

d) Verbal and Written warnings were issued to the two affected employees.

19 March 2021 - NW586

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

With reference to the statements by the President of the Republic, Mr M C Ramaphosa, regarding hydrogen fuel cell technology and deployment in line with the Hydrogen South Africa Strategy, (a) which schools and hospitals are currently using hydrogen fuel cell technology to provide electricity, (b) what amount of electricity is generated in each case and (c) what are the future plans and timelines for implementation of hydrogen fuel cells at other government facilities? NW642E

Reply:

a) As part of government’s response to combating the COVID-19 pandemic, a temporary fuel cell system was deployed at 1 Military Hospital in Gauteng, which is utilised to support the Department of Defence. There is also one installed at the Science Center in Comimvaba (Eastern Cape).

b) The Seven Hydrogen Fuel Cells temporarily deployed at 1 Military Hospital has a total installed capacity of 35kW. The fuel cells deployed at a Science Centre in the Eastern Cape has a capacity of 5kW.

c) Post July 2021, the fuel systems currently at 1 Military Hospital will be redeployed as follows:

  1. One fuel cell system will remain at 1 Military Hospital for use by the Department of Defence (DOD) for training purposes;
  2. One fuel cell system at Mandeni Local Municipality, ILembe District in KZN, with a connection to the Youth Centre and Small, Medium and Micro Enterprises (SMMEs) Stalls;
  3. One fuel cell system at MINTEK with a connection to the Home Affairs offices in Randburg;
  4. One fuel cell system at Masia Village in Limpopo;
  5. One fuel cell system at the Department of Science and Innovation;
  6. One fuel cell system at the Trevenna Building, Department of Mineral Resources and Energy.

There is also ongoing work to incorporate the deployment of fuel cells in public buildings through the existing policy instruments, which include Energy Efficiency and Demand Side Management (EEDSM) grant programme and the Public Works and Infrastructure Green Building Policy.

19 March 2021 - NW636

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Mkhonto, Ms C N to ask the Minister of Employment and Labour

Whether he has done any compliance assessment with the provisions of the National Minimum Wage Act, Act 9 of 2018, since it became effective; if not, why not; if so, what (a) sectors has he found are not complying with the national minimum wage and (b) steps has he taken to ensure that they comply?

Reply:

The Department has compliance assessment to determine compliance with the provisions of the National Minimum Wage Act 9 of 2018. For the 2019/20 a total number of 134 964 inspections were conducted

a) The following sectors were found not have complied with the provisions of the National Minimum Wage:

• Community

• Wholesale & Retail

• Hospitality

• Private Security

• Domestic

(b) Those not complying were issued with the statutory non-compliance notice (undertaking/compliance orders). Those that did not comply with the terms of the compliance notices were referred for prosecution, at the expiry of the notice.

19 March 2021 - NW641

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van der Merwe, Ms LL to ask the Minister of Employment and Labour

With reference to his pronouncements in May 2020 that he intends to publish regulations aimed at introducing sectoral targets for the employment of foreign nationals, (a) what progress has his department made in finalising the process which was announced 10 months ago, (b) which sectors will be regulated and (c) by what date will the regulations come into effect?

Reply:

(a) We have done a lot since the announcement and given the complexity of Labour migration, there is still more work that must be done.

We have initiated a process to develop a National Employment Policy on 31st March 2020 that has a number of Sub-themes such as Labour Migration Policy, Fourth Industrial Revolution, Employment Schemes targeting vulnerable groups etc. The Sub-theme on Labour Migration has been prioritized given its urgency and related activities include the following:-

(1) A Draft Labour Migration Policy has been developed and is currently being revised to a final policy.

(2) The President established an Inter-Ministerial Committee that I co-chair with the Minister of Home Affairs and we have since tabled our first report to Cabinet during December 2020. We were subsequently directed to address a number of other aspects.

(3) A number of short term interventions to address labour migration challenges were introduced such as stricter Border Management controls; increased joint inspection and collaboration in addressing and enforcing various migration aspects.

(4) Legal Teams have been appointed and are busy with a Draft Employment Services Amendment Bill that incorporates aspects contained in the Draft Labour Migration Policy recommendations that include introduction of quotas etc. The Amendment Bill will also contain or clarify labour provisions that were contained in the Immigration Act and other amendments that we intend introducing.

(b) Legislation will affect all sectors of the economy. We are putting more emphasis on those sectors that continue to employ low level skilled workers when we have many unemployed people locally that can work in mining, agriculture, construction, security, domestic, hospitality and tourism.

(c) The Regulations will only follow once the Amendment Bill is passed by parliament and we do not have a date as yet.

19 March 2021 - NW255

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Mokgotho, Ms SM to ask the Minister of Human Settlements, Water and Sanitation

By what date will she ensure that the communities of (a) Mpeko, (b) Mgababa, (c) Qheto and (d) Ntloko in Ngqushwa in the Eastern Cape have access to clean water?

Reply:

The Department of Water and Sanitation (DWS) has confirmed that the mentioned villages of Mpeko, Mgababa, Qeto and Ntloko in Ngqushwa Local Municipality have existing infrastructure, although it is compromised by illegal connections. The water supplied to the villages is being treated at Peddie Regional Scheme which is operated by the Amathole District Municipality.

Furthermore, Amathole District Municipality (ADM) is currently embarking on a number of initiatives to improve the reliability of water supply to the Ngqushwa area through the Infrastructure Services Grant (WISIG) funded by DWS. The initiatives include water conservation and demand management initiatives, Implementation of the Rural Yard Connection Policy (in order to control the illegal connections) and refurbishment of existing infrastructure. The Refurbishment Project includes the following:

Remedial Works to the Chalumna Bulk Gravity Main:

  • Replacement of approximately 2400m of existing 250mm to 450mm diameter AC pipe with new mPVC pipe of equivalent or better class and size to that of the parent pipe
  • Construction of 21 No air valve installations;
  • Repair or replacement of 18 No. existing damaged air valve installations; Reconstruction of 3 No. existing scour valve installations;
  • Construction of 1 No. new scour valve installation;
  • Construction of 2 No. new in-line isolating valve installations; and
  • Construction of 10 no. cross connection chambers.

Augmentation of the Wesley Bulk Main:

  • Construction of approximately 6500m of new 160mm diameter pipe, in parallel to the existing 110/160 mm diameter Wesley Bulk Main; complete with associated fittings and structures.

Completion of the Glenmore Bulk Main:

  • Construction of approximately 20m of new 200 mm diameter pipe, to join the existing Glenmore main to the Glenmore Rural Water Supply Scheme (RWSS) command reservoir; complete with associated fittings and structures.

New Connections to the Bulk Mains:

  • Construction of 7 No. new connections to the existing bulk mains.
  • Road Crossings:
  • Directional drilling and installation of water pipes under the N2, R72 and R345 roads respectively.

Flow Control Valves:

  • Installation of 10 No. flow control valves, varying in size from 50mm to 110 mm, at the entrances to existing reservoirs, complete with chambers; and
  • Construction of new and/or repair of existing pipework and fittings, as well as chambers.

New Pipework and Connections:

  • Install new pipework and complete with fittings, connections, cross-connections and the likes to unlock capacity bottlenecks at Peddie town and to various rural villages supplied from the Sandile RWSS.

Village Reticulation:

  • Construction of some 2400m of new buried reticulation pipelines, varying in size from 50mm to 110mm in diameter, complete with the requisite fittings, chambers; and
  • Construction of 20 No. new communal standpipes, complete with the requisite fittings and chambers.

While these interventions will bring some relief, it is has been determined that the water demand exceeds the water supply, and therefore a second phase of the project, which is still at a planning phase, has been initiated to further address water shortages. In the interim, Amathole District Municipality will continue to ration water in order to distribute the water equally to all villages. When necessary, ADM will cart water in trucks to any community where water is disrupted beyond the current operational plan.

19 March 2021 - NW234

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Nxumalo, Mr MN to ask the Minister of Mineral Resources and Energy

Whether, with reference to the recent research by energy experts which found that there is currently 5000 MW that can be added to the grid and which can go a long way to stave off loadshedding, his department has plans to procure new capacity; if not, why not; if so, what are the further relevant details? NW237E

Reply:

The 5000 MW referred to in the question is in relation to potential from users generating their own power and not power available to be procured by the State.

With regard of procurement of additional power by the State, the Department is currently finalising the evaluation and appointment of preferred bidders for 2000 MW of power under the Risk Mitigation Independent Power Producer Programme.

The Department also plan to procure additional power in line with the already gazetted Section 34 Determination as follows:

19 March 2021 - NW254

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Mokgotho, Ms SM to ask the Minister of Human Settlements, Water and Sanitation

By what date will she ensure that the residents who were evicted from the Jacaranda informal settlement, Ward 15 in the Matlosana Local Municipality in the North West, are either returned to the land from which they were evicted and/or provided with alternative accommodation?

Reply:

Honourable Member, I have been informed that the City of Matlosana will first undertake the capturing of the affected residents on the National Housing Needs Register (NHNR). This will be followed by a socio-economic study to determine their various levels of needs. Qualifying residents will be re-allocated housing opportunities under appropriate programmes of the Department of Human Settlements.

Further, I have been informed that Jacaranda Extension 11 has been included under the Special Presidential Infrastructure Programme (or Catalytic Human Settlements Project). The Municipality will conclude all the aforementioned processes of pre-qualification and allocation of stands by 16 April 2021.

 

I wish to state that queue-jumping by invading the land will not be permitted, and the Court Order will be executed. Residents are urged not to invade the land and to allow all construction activities to be completed so that units can be delivered for all qualifying beneficiaries.

19 March 2021 - NW327

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Lotriet, Prof A to ask the Minister of Sports, Arts and Culture

Whether any (a) sports teams and/or (b) individuals participating in the Tokyo Olympic Games will have to pay fully and/or partially for the cost to participate in the games; if not, what is the position in this regard; if so, (i) to which teams and/or athletes does this pertain, (ii) what number of persons are affected, (iii) what are the reasons that the SA Sports Confederation and Olympic Committee will not be covering the full cost for each team and/or individual to participate and (iv) what is the breakdown of the costs for each team and/or individual, including (aa) flights, (bb) accommodation and (cc) any other specified costs? NW331

Reply:

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

a). No, sports teams and/or individuals as members of Team South Africa participating in the Tokyo Olympic Games will not have to pay fully and/or partially for the cost to participate in the games.

(i)(ii).The position in this regard is that the SASCOC mandate is to deliver Team South Africa to multi-coded games and therefore funding must be sourced to cover the cost for Team delivery. SASCOC is working hard to secure the necessary funding to deliver the team to Tokyo.

(iii). However, if SASCOC is not successful in raising all the required funding to deliver the team to Tokyo the SASCOC General Assembly, at its AGM on 23 November 2019 resolved that should SASCOC not raise all the required funding, the participating National Federations will raise the necessary funding to assist SASCOC to deliver Team South Africa to Tokyo.

(iv). The budget is being reworked based on sponsors being signed and other potential funders so a cost per team member should be available mid-March 2021.

 

19 March 2021 - NW615

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Paulsen, Mr N M to ask the Minister of Forestry, Fisheries and the Environment

Given that during the term of the 5th Parliament the forestry branch undertook to provide evidence of the value of our forests, by what date will the specified report be published?

Reply:

 

The Department of Environment, Forestry and Fisheries (DEFF) calculates the fair value of biological assets on a quarterly and annual basis in terms of the Accounting Policy. The Chief Financial Officer of the DEFF discloses an input of the calculated biological asset report in the Financial Statements (interim Financial Statements and Annual Financial Statements) of the Department quarterly and annually as per the requirements of the Modified Cash Standards. The biological asset valuation report is not published, however, it is submitted to the office of the Auditor-General at the end of each financial year for auditing purposes. For the 2019/20 financial year, the value of the Biological Assets was R775,694,044.00. The Department is in a process of calculating the value for the 2020/21 year for disclosure in the Annual Financial Statements.

Regards

MS B D CREECY, MP

MINISTER OF, FORESTRY, FISHERIES AND THE ENVIRONMENT

DATE: .18/03/2021

19 March 2021 - NW595

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Cebekhulu, Inkosi RN to ask the Minister of Trade, Industry and Competition

Given that the African Growth and Opportunity Act, popularly known as the AGOA, which allows most sub-Saharan African countries duty-free access to the American market for almost 7,000 products is due to expire in 2025, and the fact that South Africa’s preferential market access to the United States of America is under review, what measures has he put in place to ensure that the outcomes of the discussions between South African officials with their American counterparts are favourable to the South African market?

Reply:

The African Growth and Opportunity Act (AGOA), enacted by the US Congress in 2000, extends preferential market access to the US market for around 5 235 products from eligible countries in Sub Saharan Africa. South Africa is a beneficiary country under AGOA. AGOA has been extended twice in 2008 and again in 2015 and the current term of AGOA continues until 2025. A decision to extend, adjust or finally terminate AGOA is expected to be decided by the US Congress in 2025.

Country eligibility for AGOA is subject to annual reviews, the last one of which was initiated in May 2020. Eligibility criteria include requirements that a country has established or is making progress toward establishing a market-based economy, the rule of law, political pluralism, the right to due process, amongst other things. South Africa participated in the AGOA review and submitted responses at public hearings to questions raised by several interested parties. The review process was concluded in November 2020 and South Africa remains a beneficiary under AGOA.

The South African and US Governments are in ongoing interaction on a range of trade and investment issues of mutual interest. The last Ministerial in-person bilateral engagement was held in December 2019 in Washington DC shortly before the Covid-19 pandemic, followed by virtual engagements at bilateral and multilateral level, including by trade officials.

-END-

19 March 2021 - NW639

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Denner, Ms H to ask the Minister of Sport, Arts and Culture

With reference to the name change process of Port Elizabeth, King William’s Town, Uitenhage and MaClear in the Eastern Cape, what is the total projected cost on (a) national, (b) provincial and (c) municipal level to implement the name changes to (i) Gqeberha, (ii) Qonce, (iii) Kariega and (iv) Nqanqarhu respectively; 2. whether provision has been made for the specified name changes in the respective budgets on the three levels of government; if not, why not, in each case; if so, what are the relevant details in each case; 3. whether any impact study was conducted on the cost of the name changes for local businesses; if not, why not; if so, what are the relevant details?

Reply:

(a). No cost is projected at the national level to implement the name changes to (i) Gqeberha (ii) Qonce, (iii) Kariega and (iv) Nqanqarhu, respectively. The Department has a national programme to transform South Africa’s heritage landscape through the transformation of colonial and apartheid symbolism reflected in statues, monuments and place names all over South Africa.

The cost of this national programme is budgeted for within the departmental allocations from the national fiscus. There are no extra funds allocated to any sphere of government to fund these name changes specifically.

(b). The provincial government in the Eastern Cape funds the programme of the transformation of its naming landscape from its share of the provincial treasury allocations, including implementing the name changes to (i) Gqeberha (ii)Qonce, (iii) Kariega and (iv) Nqanqarhu, respectively.

(c) Municipal authorities responsible for implementing the name changes to (i) Gqeberha (ii) Qonce, (iii) Kariega and (iv) Nqanqarhu, respectively will fund activities relating to the changed names from their existing budget allocations.

19 March 2021 - NW510

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Faber, Mr WF to ask the Minister of Home Affairs

(1)Whether any staff member in his department (a) performed work in addition to the responsibilities related to his or her work, outside normal working hours, in the past five financial years and (b) has been performing such work during the period 1 April 2014 up to the latest specified date for which information is available; if not, in each case, how is it determined whether such work is being performed or not; if so, in each case, (i) what number of staff members and (ii) in what job or work categories are the specified staff members employed; (2)Whether approval for such work was obtained in each case; if not, what is the position in this regard; if so, (a) what is the policy of his department in this regard, (b) by whom are such applications considered and approved, (c) what number of contraventions of this policy were brought to the attention of the National Treasury in the past five financial years and (d) what steps have been taken against the transgressors

Reply:

(1)(a) There were employees that performed work in addition to the responsibilities related to their work, outside normal working hours.

(b) The employees performed work outside their normal work for the period 1 April 2014 to 31 March 2015.

(i) Sixteen (16).

(ii) Senior Management Services, Administration Clerks, Immigration Officers, Deputy Directors and Assistant Directors.

(2) Approval was not obtained. All the employees were subjected to disciplinary process for violating policy.

(a) Policy requires that employees should apply for permission prior to engaging in any work outside the public service.

(b) Applications are considered and approved by the Director General as per the delegation by the Executing Authority.

(c) Employees identified by the Auditor General (b) (i) were the only ones reported to the National Treasury.

(d) The transgressors were subjected to a disciplinary process in which they were found guilty and a sanction of Final Written Warning was imposed on all of them. Where sanction was not issued, application was declined and the official did not perform outside work the department.

Financial Year

Number of Employees

Approved/Nor Approved

Work Categories

Action Taken

14/15

16

Not Approved

SMS,MMS,Admin Clercks,Immigration Officers, Assistant Directors

Did not perform outside work

15/16

33

Not Approved

SMS, Immigration Officers, Assistant Director and Administration Clerks.

Did not perform outside work

16/17

31

Not Approved

SMS,Deputy Directors, Immigration Officers, Administration Clerks

Did not perform outside work

17/18

38

Not Approved

SMS,MMS,Admin Clercks,Immigration Officers, Assistant Directors

Did not perform outside work

18/19

39

Not Approved

SMS,MMS,Admin Clercks,Immigration Officers, Assistant Directors

Did not perform outside work

19/20

27

Not Approved

Deputy Director, Administration Clerks and Immigration Officers.

Did not perform outside work

Employees identified by the Auditor General

Financial Year

Number of Employees

Work Categories

Action Taken

2014/15

6

SMS

Final Written Warning

2015/16

19

SMS, Administration Clerks and Immigration Officers.

Final Written Warning

2016/17

11

SMS, Deputy Director, Administration Clerks and Immigration Officers.

Final Written Warning

2017/18

6

Assistant Director, Administration Clerks and Immigration Officers.

Final Written Warning

2018/19

12

Deputy Director, Administration Clerks and Immigration Officers.

Final Written Warning

2019/20

8

Deputy Director, Administration Clerks and Immigration Officers.

Final Written Warning

END

19 March 2021 - NW523

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Sport, Arts and Culture

(1).Whether any staff member in his department (a) performed work outside normal working hours in addition to the responsibilities related to his or her work in the past five financial years and (b) has been performing such work during the period 1 April 2014 up to the latest specified date for which information is available; if not, in each case, how is it determined whether such work is being performed or not; if so, in each case, (i) what number of staff members and (ii) in what job and/or work categories are the specified staff members employed; (2).whether approval for such work was obtained in each case; if not, what is the position in this regard; if so, (a) what is the policy of his department in this regard, (b) by whom are such applications considered and approved, (c) what number of contraventions of this policy were brought to the attention of the National Treasury in the past five financial years and (d) what steps have been taken against the transgressors?

Reply:

1. (a). Yes, the Department had staff who undertook Remunerative Work Outside the Public Sector.

(b)(i) and (ii) Approval for Remunerative Work is valid for a period of 12 months; awareness is conducted that no work should be done without the approval of the Executive Authority, in line with the Public Service Code of Conduct, and Public Service Regulations of 2016. The CIPC database is checked to identify all companies aligned to officials via their identity number. The Central Database at National Treasury (CDNT) is checked for active companies aligned to officials.

(b)(i)

Financial Year

Total

2014-15

0

2015-16

1

2016-17

8

2017-18

15

2018-19

11

2019-20

19

(b)(ii)

Financial Year

Job Category

a) 2015-16[01 April 2015-30 March 2016]

Director: Heraldry

2015-16 Total [1]

a) 2016-17[01 April 2016-30 March 2017]

Admin Clerk

b) 2016-17[01 April 2016-30 March 2017]

Deputy Director: Design

c) 2016-17[01 April 2016-30 March 2017]

Deputy Director: Executive Liaison/ Support

d) 2016-17[01 April 2016-30 March 2017]

Deputy Director: Preservation

e) 2016-17[01 April 2016-30 March 2017]

Director: Cultural Development

f) 2016-17[01 April 2016-30 March 2017]

Director: Terminology Coordination

g) 2016-17[01 April 2016-30 March 2017]

ASD: EAP

h) 2016-17[01 April 2016-30 March 2017]

Deputy Director Touring Ventures-MGE

2016-17 Total [8]

a) 2017-18[01 April 2017 -31 March 2018]

Director- Heritage Promotion [ Ex-DAC employee]

b) 2017-18[01 April 2017 -31 March 2018]

Deputy Director Corp Service[DDG's Office] - [Ex-DAC]

c) 2017-18[01 April 2017 -31 March 2018]

Deputy Director Human Resource Development

d) 2017-18[01 April 2017 -31 March 2018]

Administration Officer

e) 2017-18[01 April 2017 -31 March 2018]

Deputy Director- Language Planning

f) 2017-18[01 April 2017 -31 March 2018]

Director - Language Planning

g) 2017-18[01 April 2017 -31 March 2018]

Deputy Director- Institutional Policy

h) 2017-18[01 April 2017 -31 March 2018]

Assist Director- Employee Wellness

i) 2017-18[01 April 2017 -31 March 2018]

Director - Finance Admin [ Ex-DAC]

j) 2017-18[01 April 2017 -31 March 2018]

Director: Terminology Coordination

k) 2017-18[01 April 2017 -31 March 2018]

Principal Archivist [ ASD]

l) 2017-18[01 April 2017 -31 March 2018]

Ambassador International Relations - EX- DAC

m) 2017-18[01 April 2017 -31 March 2018]

Registration Clerk

n) 2017-18[01 April 2017 -31 March 2018]

Ministry- Consultant [Ex-DAC]

o) 2017-18[01 April 2017 -31 March 2018]

Deputy Director - Cult Development

2017-18 Total [15]

a) 2018-19 [01 April 2018-30 March 2019]

Director: Bureau of Heraldry

b) 2018-19 [01 April 2018-30 March 2019]

Admin Officer

c) 2018-19 [01 April 2018-30 March 2019]

Director: Terminology Coordination

d) 2018-19 [01 April 2018-30 March 2019]

Registration Clerk

e) 2018-19 [01 April 2018-30 March 2019]

Director: Internal Audit

f) 2018-19 [01 April 2018-30 March 2019]

Deputy Director: Corporate Services Support

g) 2018-19 [01 April 2018-30 March 2019]

Deputy Director Human Resource Development

h) 2018-19 [01 April 2018-30 March 2019]

Director: Cultural Development

i) 2018-19 [01 April 2018-30 March 2019]

Principal Archivist

j) 2018-19 [01 April 2018-30 March 2019]

Deputy Director: ACPD

k) 2018-19 [01 April 2018-30 March 2019]

Director: Language Planning

2018-19 Total [11]

Financial Year

Job Category

a) 2019-20[01 April 2019-30 March 2020]

Chief Language Practitioner

b) 2019-20[01 April 2019-30 March 2020]

Chief Language Practitioner

c) 2019-20[01 April 2019-30 March 2020]

Admin Officer

d) 2019-20[01 April 2019-30 March 2020]

Principal Language Practitioner

e) 2019-20[01 April 2019-30 March 2020]

Principal Language Practitioner

f) 2019-20[01 April 2019-30 March 2020]

Deputy Director: Preservation

g) 2019-20[01 April 2019-30 March 2020]

Principal Language Practitioner

h) 2019-20[01 April 2019-30 March 2020]

Chief Language Practitioner

i) 2019-20[01 April 2019-30 March 2020]

Principal Language Practitioner

j) 2019-20[01 April 2019-30 March 2020]

Deputy Director : Craft

k) 2019-20[01 April 2019-30 March 2020]

Deputy Director Human Resource Development

l) 2019-20[01 April 2019-30 March 2020]

Principal Archivist

m) 2019-20[01 April 2019-30 March 2020]

Director : Language Planning

n) 2019-20[01 April 2019-30 March 2020]

Director: Terminology Coordination

o) 2019-20[01 April 2019-30 March 2020]

Assistant Director Employee wellness

p) 2019-20[01 April 2019-30 March 2020]

Director Cultural Development

q) 2019-20[01 April 2019-30 March 2020]

Deputy Director: Infrastructure Support

r) 2019-20[01 April 2019-30 March 2020]

Registration Clerk

s) 2019-20[01 April 2019-30 March 2020]

Deputy Director: Forensic Audit

2019-20 Total [19]

(2). Yes, approval was granted for all listed officials.

(a). The policy requires that written approval is granted by the Executive Authority.

(b). The immediate superior reviews and endorses the approval, the application is referred to the Ethics Committee, recommendation to approve are sent to the Accounting Officer, who then provides final recommendation to the Executive Authority.

(c). One, the matter was resolved.

(d). The official resigned as a Director of the company, after a letter to institute disciplinary action was issued to her.

19 March 2021 - NW270

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Madlingozi, Mr BS to ask the Minister of Sport, Arts and Culture

What (a) are the relevant details of his department’s plan for distributing the relief grant to artists and (b) have been the major stumbling blocks towards ensuring that the relief grant reaches as many artists as possible?

Reply:

A). The department had reprioritized funds and set aside R150 million towards relief efforts for arts practitioners. The disbursement of these funds was implemented through calls for applications. To date, three phases of call outs have been made, with the third one still in process. It is anticipated that no less than 9000 artists would have benefitted from the interventions.

b). The challenges experienced have mainly centred around verification of applicants by different state structures that are offering similar benefits in order to avoid double dipping to ensure the limited funds reach as many beneficiaries as possible.

19 March 2021 - NW436

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Madlingozi, Mr BS to ask the Minister of Sport, Arts and Culture

Whether he has taken any steps to deal with the alleged racism in South African cricket since the revelations by a certain person (name furnished) on the manner that he was treated while playing for the South African national team; if not, why not; if so, what are the relevant details?

Reply:

Yes, I have engaged Cricket South Africa on the alleged racism in South African cricket. To this end Cricket South Africa has indicated that it is taking restorative steps towards ensuring that all issues of discrimination brought up by former cricket players will indeed be attended to.

The Interim Board of Cricket South Africa has endorsed the rollout programme of the Social Justice and Nation Building Project and Mr. Makhaya Ntini remains an integral part of the rollout of this programme and the specific issues that he raised will be handled as part of the processes of the office of the ombudsperson.

Once ready, the Social Justice and Nation Building Project rollout process will begin with public hearings, which will culminate to a report and action plan by the Independent Cricket Ombudsman.

19 March 2021 - NW405

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Ngcobo, Mr S to ask the Minister of Human Settlements, Water and Sanitation

Whether there is a plan to house the illegal occupiers of the Woodstock Hospital in Cape Town who have refused to vacate the premises until they are provided with an alternative housing solution; if not, why not; if so, what are the relevant details?

Reply:

The matter raised by the Honourable Member falls within the ambit of the City of Cape Town Metropolitan Municipality, hereinafter referred to as the City.

Nevertheless, I have been advised that the City has approached the High Court for an application that consists of three phases:

  • to conduct a survey to establish the profile and circumstances of the occupiers as well as the total number of occupiers that are currently residing at the property unlawfully. 
  • to engage with those occupiers that will be rendered homeless should they be evicted and to determine a solution for them.  
  • the final phase will be the eviction of those unlawful occupiers who do not qualify for emergency accommodation and refuse to vacate the property to be relocated elsewhere.   

The purpose of the survey is to determine the number of illegal occupants, their identities, monthly income and eligibility for state-subsidised housing and whether any illegal occupants fall within the vulnerable groups as stated in Section 4 of the Prevention of Illegal Eviction from Unlawful Occupation of Land Act No. 19 of 1998 (‘Pie Act’)

I am informed that the City is aware of its constitutional obligations in this matter, hence it launched Part 1 of the application to survey the illegal occupants, because Section 26 of the Constitution provides that “everyone has a right to access to adequate housing”. Section 26(2) confers a duty upon the State to progressively facilitate access to adequate housing within its available resources.

The issue of alternative accommodation will be addressed once the survey has been completed, as the results of the survey will be a consideration in the eviction proceedings.

19 March 2021 - NW328

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Lotriet, Prof A to ask the Minister of Sports, Arts and Culture

(1).Whether the SA Sports Confederation and Olympic Committee intends to send any officials to the Tokyo Olympics; if not, why not; if so, what (a) total number of officials, (b) are their names and positions in each case and (c) will be the cost to send each specified official, including (i) flight costs, (ii) accommodation costs and (iii) any other specified costs; (2). Whether any of the specified athletes will be subsidising any official; if not, what is the position in this regard; if so, which officials will be subsidised?

Reply:

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

1). As per the IOC/Tokyo accreditation guidelines, officials (management, coaches, mechanics, grooms, doctors, physiotherapists and administrators) form part of the overall team and are essential to ensure athlete performance.

(a). SASCOC will only know the final number of officials once all athletes and teams have qualified.

(b). The names and positions of the officials will only be known by mid-June 2021 at final team announcement.

(c). All countries receive a travel grant from Tokyo to cover all team members (athletes and officials). All team members stay at an Athlete Games Village at no cost. This includes full board and lodging.

2). Athletes will not be subsiding any official that is part of Team SA. Officials are part of Team South Africa as part of support to the athletes. As per IOC/IF Guidelines all teams, need support of management, coaches and medical to enable athletes to focus on their optimal performance.

The South African Sports Confederation and Olympic Committee provided the tables below illustrating the breakdown of athletes and officials.

 

19 March 2021 - NW464

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Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture

(a). What total number of curatorial positions in the various collections are vacant at present at the Iziko Museums of South Africa and (b)(i) how long have the specified positions been vacant and (ii) what has he found to be the reason(s) for this?

Reply:

a) There are 20 curatorial positions. There are 5 vacancies

b) (i) One position since 2016 and four since 2020 to date

(ii) There have been retirements and resignations. The institution was in the process of filling some of these positions with the limited funding it had but the global pandemic struck and financial austerity measures were imposed by National Treasury. This has severely affected the recruitment of staff at the Iziko Museums of South Africa.

19 March 2021 - NW299

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Van Dyk, Ms V to ask the Minister of Sports, Arts and Culture

(1). With reference to the Iziko Museum, on what date (a) will the electrical and other problems of the Old Town House be fixed and (b) will the building be reopened to the public; (2).(a). who is the person responsible for maintenance of the specified house and (b) what are the reasons that it has not been done; (3). whether there is a timeline to finish the upgrading; if not, why not; if so, what are the relevant details?

Reply:

(1)(a). The Department of Public Works and Infrastructure (DPWI) is the custodian in terms of section 4 of the Government Immovable Asset Management Act (GIAMA), 2007 (Act no. 19 of 2007 and in terms of the Day to Day Maintenance Guidelines must pay “for services which falls within the scope of the Day to Day Maintenance Services obliged for an amount exceeding R100 000”, this amount was previously R30 000.

In terms of GIAMA, the Department of Sport, Arts and Culture (DSAC) is the user and is required to fund day to day maintenance of R100 000 and less for buildings, including Iziko Old Townhouse (IOTH), occupied by Iziko Museums, one of its public entities. So when there were two electrical fires at IOTH that caused the closure of the building, Iziko Museums immediately attended to the repairs required which amounted to about R55 000.00 and due to the age of the building also commissioned an Architect to inspect and estimate the scope of work further electrical work required. The assessment was that the electrical wiring needed to be replaced as it was a fire hazard. DPWI was informed accordingly.

An Architect with heritage experience was appointed to manage the repair and maintenance project to address safety issues to ensure that the IOTH infrastructure is compliant with health and safety requirements.

(b). The building will be reopened to the public once the building has been declared compliant in terms of health and safety requirements.

2(a). As indicated in paragraph (1)(a) above, the Minister of the Department of Public Works and Infrastructure (DPWI) has been appointed as the custodian of the immovable assets which vest in the national sphere of government and is thus the caretaker of the state-owned building IOTH in terms of GIAMA. In terms of the Day to Day Maintenance Guidelines, DPWI is responsible for all work exceeding R100 000 and as the user, DSAC is responsible for all work costing R100 000 and the Department has delegated this responsibility to Iziko Museums.

(b). This work exceeds R100 000, so this question should be posed to the Minister of the Department of Public Works and Infrastructure (DPWI) who is appointed as custodian of state-owned buildings and, in terms of GIAMA section 4(2), is the caretaker of state-owned buildings such as the IOTH and thus responsible for repairs and maintenance of R100 000 and more and specifically those projects related to health and safety.

(3). As indicated in paragraph (1)(a) above, the Minister of Sport, Arts and Culture is not the custodian of state-owned buildings and as user is only required to fund repairs and maintenance projects of R100 000 and below, but DSAC has nevertheless previously allocated R9.51million to develop a five-year Conservation and Maintenance Plan for the nine state-owned buildings occupied by Iziko Museums so Architects developed the following documents for each of the nine buildings:

  • As-Built Drawings;
  • An Existing Building Condition Report;
  • A Conservation Management Plan; and
  • A five-year Conservation and Maintenance Plan.

In terms of the South African National Heritage Resources Act, 1999 (Act No. 25 of 1999), all heritage buildings must be managed in terms of a Conservation and Maintenance Plan (CMP) to protect the heritage resource. The CMP for the nine buildings submitted to the provincial authority Heritage Western Cape (HWC) for approval, but only eight were approved as the CMP for one building had been mislaid.

Although not required, DSAC also allocated R1 509 248, 00 for the repair and maintenance of buildings occupied by Iziko Museums. A Project Manager with architectural and heritage experience was appointed and applications for repair and renovation permits were submitted to HWC in terms of the South African National Heritage Resources Act, 1999 (Act No. 25 of 1999).

A project implementation plan was developed and the project brief for the tender to appoint a Contractor to carry out repair and renovation, including painting services, at IOTH and other buildings occupied by Iziko. The Contractor for the repair and renovation and painting services for buildings occupied by Iziko Museums, including IOTH, will be appointed by 30 April 2021.

As DPWI did not allocate funding for this health and safety project, DSAC also allocated the amount of R4 395 212 for the electrical wiring that must be replaced at IOTH as it was a fire hazard.

Although HWC had approved a permit for repair and maintenance as well as the CMP for IOTH, Iziko Museums was informed that a further permit application is required for the electrical repairs. The tender documentation to appoint a Contractor to do the electrical repairs has been prepared, but it cannot be advertised until the permit approval is received as there might be further stipulations from HWC that would need to be incorporated in the scope of work, as was the case with the permit applications for painting the buildings.

HWC issued permits for the repair and renovation of IOTH as well as other buildings occupied by Iziko more than a year after Iziko Museums had submitted the applications, so timelines are dependent on how long HWC will take to issue a permit for electrical work to be carried out at IOTH.

19 March 2021 - NW589

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Msimang, Prof CT to ask the Minister of Mineral Resources and Energy

Whether, with reference to a celebrated settlement agreement more than two years ago after the landmark class-action suit against nine gold mining companies that were ordered to compensate miners who suffered from insidious respiratory diseases like silicosis, he intends to intervene to ensure that the miners who still have not been paid out are paid out; if not, why not; if so, what are the full details outlining time lines? NW645E

Reply:

The Department of Mineral Resources and Energy is responsible for the regulation of the mining industry through the Mine Health and Safety Act (MHSA), No 29 of 1996. The Department of Health (DoH) governs the compensation of the mine employees diagnosed with Occupational Lung Diseases through Occupational Diseases in Mines and Works Act (ODMWA) 78 OF 1973 regulated by the Medical Bureau for Occupational diseases (MBOD).

Tshiamiso trust has been established to carry out the terms of the settlement agreement reached between amongst six mining companies and claimants to compensate current and ex-mineworkers for silicosis and TB. The trust works together with the MBOD in certification of mineworkers who have lodged claims. The certification process to identify ex-mineworkers with silicosis was apparently hampered by Covid-19 pandemic in 2020 as lung function tests could not be carried out because of the risk of increasing exposure to COVID-19 infection. Outreach programmes are reported to be carried out to cater for outstanding compensations in areas like the Eastern Cape.

19 March 2021 - NW511

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Marais, Mr EJ to ask the Minister of Human Settlements, Water and Sanitation

(1)Whether any staff member in her department (a) performed work in addition to the responsibilities related to his or her work, outside normal working hours, in the past five financial years and (b) has been performing such work during the period 1 April 2014 up to the latest specified date for which information is available; if not, in each case, how is it determined whether such work is being performed or not; if so, in each case, (i) what number of staff members and (ii) in what job or work categories are the specified staff members employed; (2) whether approval for such work was obtained in each case; if not, what is the position in this regard; if so, (a) what is the policy of her department in this regard, (b) by whom are such applications considered and approved, (c) what number of contraventions of this policy were brought to the attention of the National Treasury in the past five financial years and (d) what steps have been taken against the transgressors?

Reply:

(1)(a)(b) According to the records of the Department of Human Settlements (DHS), there are three (3) officials who performed other remunerative work since 2014 to date, after their applications were duly approved by the Executive Authority.

2. (a) The Department uses the “Guide on Managing other Remunerative Work in The Public Service” which, amongst others prescribes a form to be used for applying to perform other remunerative work outside the Public Service. It further prescribes that no Public Servant will be allowed to perform business with the State and that approval to perform other remunerative work will be valid for one year.

b) The Minister, guided by the recommendations of the Ethics Officer, makes a decision on the applications.

c) None

d) Not applicable.

 

19 March 2021 - NW622

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

Given that departmental entities are stuck in litigation matters that were started by persons who are no longer in his department and have never been held accountable, what (a) is the (i) breakdown of all legal matters against the various entities of his department and (ii) cost to the taxpayer in each case and (b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs? NW738E

Reply:

ENTITY

what (a) is the (i) breakdown of all legal matters against the various entities of his department

(a)(ii) cost to the taxpayer in each case

(b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs

NECSA

On or about 12 August 2019, Mr Vusi Malebana, erstwhile Necsa Chief Legal Advisor filed an urgent application seeking a declaratory and interdicting order setting aside his suspension and stopping the disciplinary proceeding against him. The Labour Court ruled that the suspension of Mr. Malebana by the South Africa Nuclear Energy Corporation (Necsa) was declared to be unlawful and constitutes an occupational detriment.

Necsa was ordered to pay the costs of Mr. Malebana in pursuing the urgent application, which costs were to include the costs of two (2) counsel. The bill of costs as per the Taxing Master certificate were R352 486.14 which Necsa honoured in full in January 2021.

Following the court interdict, Mr. Malebana was subjected to a disciplinary hearing and eventually dismissed. He took the matter to the CCMA whereby the CCMA ordered that his dismissal was procedurally and substantively unfair and awarded six months compensation amounting to R679 444.86.

Mr Malebana subsequently served Necsa with a Notice of Motion together with the founding affidavit on 12 December 2020 in essence outlining his intentions to review the arbitration award issued by CCMA on 26 October 2020. 

CGS

The Council for Geoscience has no pending legal matters emanating from the scenario outlined in the question.

N/A

N/A

MINTEK

Mintek does not have any litigation matters that were started by persons who are no longer at the company. The only legal matters currently active relates to labour issues such as unfair dismissal and unfair labour practice.

N/A

N/A

NNR

No outstanding litigation against NNR

N/A

N/A

NRWDI

The National Radioactive Waste Disposal Institute (NRWDI) is not involve in any litigation matters and therefore the questions are not applicable to NRWDI.

N/A

N/A

SDT

The SDT has no litigation matters at present. No such matters were dealt with in the past. Consequently, the entity has incurred no costs in this regard.

N/A

N/A

SADPMR

The SADPMR has no former or current employees who were involved in any litigations of which the Regulator was responsible for paying their legal costs.

N/A

N/A

SANEDI

SANEDI is currently opposing one labour relation matter

R253,998.25

Matter is still pending

CEF (SOC) and its subsidiaries, NERSA and the MHSC responses listed separately below:

CENTRAL ENERGY FUND AND SUBSIDIARIES

ENTITY

what (a) is the (i) breakdown of all legal matters against the various entities of his department

(a)(ii) cost to the taxpayer in each case

(b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs

CEF (SOC) Ltd

CEF SOC Ltd and SFF jointly handled the stock rotation litigation matter

R11, 922, 752.15.

After the A&O Report, Application was made for a declaratory order declaring that the sale of strategic stock was invalid.

SFF

Stock Rotation already reported as stated above.

Krone is suing SFF for payment, which they allege, is due in terms of the contract. Krone was required to install a metering system, which was aimed at improving accuracy levels of measuring of oil volumes.

In the recovery of proceeds for the sale of diesel to Line Petroleum, a default judgment was granted in favour of SFF,

R4 500 685.00

R 43, 400.43

SFF is withholding payment on the grounds of non-performance under the contract.

A legal opinion is being sought because Line Petroleum does not have attachable assets in South Africa.

iGas

No litigation to report on.

N/A

N/A

PetroSA

PetroSA is claiming damages from Odjfjell for the pipeline damages.

PetroSA has instituted liquidation proceedings against Two Oceans for failing to honour payments for product sold

PetroSA has obtained judgment against Fantastic View and a writ of execution has been issued

R 11,462, 280.93

R 1,457,266.26

R 738,755.57

Judgment is pending

AEMFC

The supplier being Innovent was found to have misrepresented AEMFC on registration with the Financial Service Board.

AEMFC concluded a settlement agreement with NUM in 2017 at the CCMA which was made an Arbitration award and amongst the item agreed upon was that AEMFC will pay the 13th cheque each December. In 2019 there was another agreement which states that it supersedes all the previous agreements and a new bonus scheme which was performance bonus was introduced. Bargaining employees in 2019 as per the new agreement received 50% of their CTC as performance bonus and the 13th Cheque was not paid. NUM has now obtained an Arbitration award against AEMFC demanding the 13th Cheque for December 2019. Persuant to the Arbitration award, NUM applied for enforcement order of R2.9M which was granted and AEMFC property was attached by the sheriff. AEMFC has applied to the Labour Court to stay the enforcement order pending the rescission of the of the Arbitration award. The argument by AEMFC is that, the 2017 agreement was superseded by the 2019 agreement and further that the 13th Cheque must be from the employee’s salary and not at employers costs.

An AEMFC former Senior Employee concluded a collecting Agreement with NUM in terms of which AEMFC will pay the risk allowance to employees who worked during the lockdown. In terms of the AEMFC LOA the collective agreement must be recommended by EXCO to the board for approval. The submission to the board by the former employed did not disclose that a collective agreement is already signed but created the impression that AEMFC must make a once off payment of R2.6 million for 5 weeks lockdown. AEMFC made a once off payment and the union lodge a grievance with the CCMA to enforcement the collecting agreement signed with the former employee. AEMFC disputed the validity of the collective agreement since it was not approved by EXCO and board and an urgent court application was filed to interdict CCMA to proceed with the matter pending review of the decision by AEMFC former employee to sign a collective agreement without authority.

R 241 016.43

R 192, 510.00

R 283,496. 62

The contract was classified as Irregular expenditure by National Treasury.

NATIONAL ENERGY REGULATOR OF SOUTH AFRICA (NERSA)

No.

  1. Type of Litigation Matter
  1. Breakdown of Legal Matters
  1. Related Costs
  1. Reasons for not using own internal processes

1.

Judicial review

ESKOM- Case arises from the decision of the Energy Regulator approving the MYPD3 RCA5 and Eskom is unhappy with the outcome. Eskom has taken the decision on judicial review.

R1 750 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

2.

Judicial review

AFGRI/PHILAFRICA- The judicial review case arises from the decision of the Energy Regulator not to amend or revoke the distribution licence of Maluti a Phofung Local Municipality licence.

2 900 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

3.

Judicial review

Drakenstein Local Municipality. The judicial review arises from the decision of the Energy Regulator not to approve some of the tariffs of the municipality during 2019/20 because of the impact that it would have had on the customers.

R2 200 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

4.

Judicial review/ Implementation of order pending appeal/ leave to appeal

Eskom- The appeal follows the judgement of the Pretoria High Court to substitute the decision of the Energy Regulator on the Eskom MYPD4 Year 3. This case has already had three judgements (review judgement, leave to appeal judgement and implementation of review judgement pending appeal judgement)

R7 400 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

5.

Judicial review

Sunrise- the matter arises from the judicial review brought by Sunrise against what they call improper formulation and reading of the Petroleum Pipelines Operating licence issued by NERSA to Avedia

R2 200 000.00

Only lawyers in the practising roll can appear in court. Despite NERSA legal advisors are all admitted attorneys/advocates, they cannot appear in court.

MINE, HEALTH AND SAFERY COUNCIL (MHSC)

what (a) is the (i) breakdown of all legal matters against the various entities of his department

(a)(ii) cost to the taxpayer in each case

(b) are the reasons that his department has not, to date, used its own internal processes against those individuals who offset the specified cases, such that they are personally liable for the specified legal costs

Investigation into allegations of financial misconduct

1 006 475,00

The matter is not finalised

Dispute at the Labour Court between employer an employee

233 770,00

Recovery if any will be based on outcome of the labour court

Challenging the recruitment process of the HR head at the Labour Court

45 007,55

Recovery if any will be based on outcome of the labour court

Termination of the Contract and recovery due to non performance

456 046,00

The matter is not finalised

Dispute at the Labour Court between employer an employee

301 357,44

Recovery if any will be based on outcome of the labour court

Dispute at the Labour Court between employer an employee

86 766,63

Settlement paid by MHSC

Dispute over employment Contract

153 060,00

Assessment still to be done pending the outcome of disciplinary hearing- employee on suspension

19 March 2021 - NW427

Profile picture: Paulsen, Mr N M

Paulsen, Mr N M to ask the Minister of Mineral Resources and Energy

What action has he taken to discourage seabed mining, as bulk sediment mining of the deep seafloor is likely to have a severe and negative impact on sensitive seabed habitats and the ecosystem services that they provide, and given that the competency to consider and approve mining licences lies with his department? NW482E

Reply:

Although the primary aim lies along advancing development premised on the principles of sustainable development, where any proposed mining along and within seabed could potentially pose severe and/or irreversible damage to ecosystem in question even with mitigation measures in place such application cannot be granted or approved.

The provisions of section 48 of the MPDRA which list out area over which prospecting or mining is prohibited. If the area constitutes such an area as per the assessment made, the Minister can invoke the provisions of section 49 of the MPRDA and restrict or prohibit mining over such relevant seabed.

19 March 2021 - NW358

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Clarke, Ms M to ask the Minister of Public Works and Infrastructure

What total number of police stations in the Republic have outstanding service accounts in terms of (i) water and (ii) electricity usages; b) in which provinces are the specified stations located; and c) what are the relevant details of the outstanding amounts with regard to each of the stations?

Reply:

The Department of Public Works and Infrastructure (DPWI) is responsible for paying municipal services (electricity, water, refuse and sanitation) on behalf of client departments, including the South African Police Services (SAPS). The municipal accounts that DPWI has with various municipalities across the country are in the name of DPWI. On a monthly basis, DPWI receives the municipal accounts, verifies the accuracy of the property listed, confirms if it was not paid before, after which the invoices are processed. At the end of the month, a report is drawn from the system for all payments made on behalf of client department and invoices are issued against client departments, such as SAPS, to pay DPWI within 30 days. It takes an average of over 90 days for client departments to settle their invoices with DPWI as part of recovery on payments made on behalf of clients departments.

a) & b) I have been informed by the Department that the total number of police stations in the Republic that have outstanding current service accounts in terms of water and electricity usage and the provinces that they are located are captured in the table below:

Regional Office

Province

Number of Police Stations

Outstanding Water Service Accounts

Outstanding Electricity Service Accounts

Polokwane

Limpopo

109

R 170 791.32

R 1 818 618.59

Bloemfontein

Free State

49

R 716 341.79

R 5 406 809.17

Cape Town

Western Cape

315

R 985 000.00

R 755 545.00

Kimberley

Northern Cape

116

R 272 708.55

R 1 640 572.88

Mmabatho

North West

118

R 471 522.39

R 3 848 218.12

Nelspruit

Mpumalanga

87

R -

R -

Umtata

Eastern Cape

70

R 799 411.66

R 1 185 471.82

Durban

Kwa-Zulu Natal

23

R 12 878.44

R 534 412.98

Johannesburg

Gauteng

139

R 638 451.11

R 1 043 972.70

Pretoria

Gauteng

40

 R 1 936 990.52

R 1 828 873.53

Port Elizabeth

Eastern Cape

18

R 187 370.34

R 189 966.47

Grand Total

1086

R 6 191 466.12

R 18 252 461.26

c) There are other services being rendered by DPWI such as refuse, sanitation and property rates that are being serviced and paid on a monthly basis by the department. Payments of invoices to suppliers and service providers including municipalities on services rendered remains key deliverables for DPWI and the Ministry.

In some instances, the outstanding accounts include certain charges where some municipalities have levied interest on certain accounts as a result of, what they believed, were overdue accounts while in actual fact payments were made and not timeously allocated by municipalities.

DPWI continues to have regular sessions (including remote sessions) about timeous allocations of monies paid and corrections of incorrect billed services with municipalities. The persistent challenge experienced by the department is where some municipalities do not have adequate ICT infrastructure to remotely connect and be able to address some queries raised by the department related to incorrect statements and/or outstanding amounts.

DPWI’s commitment to ensure that all valid invoices are settled within 30 days on receipt of statements and invoices, or the agreed period with stakeholders, remains unwavering, hence the improved trajectory over the past couple of months of settling invoices within 30 days.

19 March 2021 - NW475

Profile picture: Cuthbert, Mr MJ

Cuthbert, Mr MJ to ask the Minister of Trade, Industry and Competition

(1)Whether, with reference to the African Continental Free Trade Area (AfCFTA), and the requirement that member states should complete their tariff reduction schedules and finalise essential rules of origin by July 2021, (a) the Republic has submitted the tariff reduction schedule and (b) will she furnish Mr MJ Cuthbert with a copy of the tariff reduction and rules; if not, why not; if so, on what date; (2) whether the Republic has submitted its position on rules of origin to the (AfCFTA) Secretariat; if not, what is the position in this regard; if so, what are the relevant details; (3) whether the Republic has pledged any funds to the AfCFTA Secretariat; if not, what is the position in this regard; if so, (a) what amount has been pledged and (b) for what purpose?

Reply:

1.(a) SA, together with Members of the Southern African Customs Union (SACU), has submitted a tariff offer to AU Members. The SACU offer is conditional on receiving a reciprocal offer from AU trading partners as required by the AU Summit Decision of 5 December 2020. A copy of the offer may be accessed at http://www.thedtic.gov.za/wp-content/uploads/LSec-CE-TA-2020-072December2020.pdf

2. South Africa, together with Members of SACU, has negotiated and reached agreement on applicable rules of origin with AU Members for 81.5% of all products specified under the World Customs Organisation Harmonised System (HS) classification at a six digit level.

3) SA contributes to the budget of the AfCFTA Secretariat through its normal contributions to the African Union Commission.

-END-

19 March 2021 - NW463

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture

In light of the Annual Report of the Iziko Museums of South Africa (Iziko) wherein it was stated that R9,5 million was spent on plans from an architectural firm to provide Iziko with five-year plans, (a) on what date was the specified amount paid and (b) what annual amount was spent on the buildings under Iziko`s care since the specified date?

Reply:

a) Payments were made according to the project plan in the contract with the appointed Architectural firm from 2016/2017 financial year to date.

b) Since 2016/2017 the Iziko Museums of South Africa spent R2 004 651 on day to day maintenance. Iziko has spent R 7 996 395 on the Conservation Maintenance plan to date.

19 March 2021 - NW638

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Denner, Ms H to ask the Minister of Sport, Arts and Culture

With reference to the name changes of Port Elizabeth to Gqeberha, King William’s Town to Qonce, Uitenhage to Kariega and MaClear Town to Nqanqarhu, what (a) total number of representations and/or comments were received by (i) the Geographical Name Change Committee tasked with the name change process and (ii) his Office following the advertisements of the name changes as required by legislation during the different stages of the process, (b) number of the specified comments were (i) in favour of and (ii) against the specified changes and (c) are the reasons that the comments against the name changes were not taken into account?

Reply:

(1) The Eastern Cape Provincial Geographical Names Committee conducted public hearings as followings:

  1. Raymond Mhlaba Sport Centre on 13 November 2018
  2. Port Elizabeth City Hall 14 November 2018
  3. Uitenhage Town Hall 20 November 2018
  4. Chatty Community Hall 21 November 2018
  5. Nangoza Jebe Hall 22 November 2018
  6. Maclear Town Hall 27 February 2019
  7. King Williamstown Town Hall 19 November 2019
  8. Berlin Town Hall 21 November 2019
  9. East London City Hall 26 November 2019.

During these public consultations the name Nelson Mandela and Bhayi were also proposed for Port Elizabeth. However, the name Bhayi was disqualified as it was argued that it was just a translation of the word Baai. The name Nelson Mandela was disqualified as it was argued that it was overused in South Africa and the President Mandela never resided in the city. The counting of objections was never carried out as the sessions were not treated as referenda.

(1 and 11) The department has received twelve objections at the time this reply was being written from the public following the gazetting of the name changes on the 22nd of February 2021.

(b) on the number of comments for and against the name change. Section 10 of the South African Geographical Names Act 118 of 1998 provides for objections to the gazetted names but not for those who support the name changes hence no details of those who support the name changes were collected.

(c) As stated above the reasons given for the disqualification of the name Nelson Mandela was that the name was overused in South Africa and that President Mandela never lived in Port Elizabeth. The name Bhayi was disqualified because it was argued that the name Bhayi is a translation of the Afrikaans word Baai referring to any bay.

 

19 March 2021 - NW394

Buthelezi, Ms SA to ask the Minister of Human Settlements, Water and Sanitation

In light of her department’s most recent available Annual Report 2018-19 on its official website, which indicates that her department employed 35 professionals and managers who were foreign nationals, what (a) total number of foreign nationals currently fill the positions and (b) are the reasons that the roles are not filled by South Africans?

Reply:

Department of Human Settlements:

(a) Only one foreign national is employed by the Department of Human Settlements and the appointment was done in terms of Regulation 66(1) (a) of the Public Service Regulations, 2016.

(b) The official was recommended on consideration of her previous working history. The official has the requisite expertise, experience and reliability required for the post.

Department of Water and Sanitation

(a) As of the end of the 2019/20 financial year, the total number of foreign nationals within the Department of Water and Sanitation was 29.

(b) Reasons for the department to employ the employees referred to in (a) include:

  • Scarcity of qualified and experienced persons available locally or they are available but do not meet the applicable employment criteria
  • Technical areas of work in the department for which persons require advanced knowledge in a specified subject area or science
  • The department has also entered into a bilateral agreement with the government of the Republic of Cuba on 6 February 2020 on cooperation in water resources management and water supply which will run up to 2024. The Cuban Specialists employed in various engineering and scientific disciplines are deployed in infrastructure operation clusters, regional offices and the Department’s Head Office. Among the areas of cooperation agreed upon by the parties are:
  • Capacity building through training and skills transfer to officials responsible for operation and maintenance of water infrastructure throughout the water value chain at national, regional and local government levels;
  • Operations and maintenance of water infrastructure in various clusters and provinces, where there is a dire shortage of technical skills.
  • Provision of training and mentoring to local candidate engineers and artisans

 

19 March 2021 - NW256

Mohlala, Mr M to ask the Minister of Human Settlements, Water and Sanitation

What are the reasons that only 10 houses were built in the R92 million housing project which was aimed at building houses for the residents of the KwaZenzele informal settlement near Endicott in the Lesedi Local Municipality, which was started 13 years ago?

Reply:

Honourable Member, the Gauteng Department of Human Settlements has advised that the total planned units for Kwazenzele Ext 1 is 6424 housing units. However, the current available bulk capacity can only cater for 345 housing units in the first phase of development. The budget for the implementation of the first phase of development (i.e. 345 housing units) is R92 725 175. This amount includes the installation of services such as water and sewer as well as the construction of roads and storm water drainage.

Further, I have been informed that the Developer was appointed in 2018 to start with the construction work. The construction of services required that High-Density Polyethylene (HDPE) be installed as the area is dolomitic. The installation of these pipes takes time and require specialised skill to install because any future leak can create sinkholes. The Developer appointed to complete the project was given ample time to complete the project but due to unsatisfactory performance, the Gauteng Department of Human Settlements decided not to extend the contract when it lapsed on the 31st March 2020. The process for the appointment of a replacement contractor is at a final stage. To date, R13 655 175.00 has been spent on the project.

19 March 2021 - NW598

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Cebekhulu, Inkosi RN to ask the Minister of Trade and Industry

What total number of (a) applications for the South African Film and Television incentives has his department received since the reopening in August 2020 and (b) the specified applications have been granted? [NW654E

Reply:

a) I have been advised by the department that sixty-six (66) applications were received under the South African Film and Television incentives since the reopening in August 2020.

b) Twenty-seven (27) compliant applications have been adjudicated and thirty-one (31) non-compliant applications were returned back to clients in line with the scheme guidelines. Eight compliant applications are ready for adjudication at the next committee meeting.

-END-

19 March 2021 - NW643

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Singh, Mr N to ask the Minister of Forestry, Fisheries and the Environment

Whether she will provide a status update with regard to the Republic's signature and endorsement of the Leaders’ Pledge for Nature, recently adopted at the United Nations Summit on Biodiversity in September 2020; if not, why not; if so, what are the relevant details of the (a) advantages and (b) disadvantages of South Africa's signature and endorsement thereof?

Reply:

 

  1. and (b)

Please draw your attention to the Department’s response to parliamentary question 2298, dated 30 October 2020. The Department’s position in this regard has not changed.

Regards

MS B D CREECY, MP
MINISTER OF FISHERIES AND THE ENVIRONMENT

DATE: 17/03/2021

19 March 2021 - NW614

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Paulsen, Mr N M to ask the Minister of Mineral Resources and Energy

What steps has his department taken to ensure that Engen is held liable for the damage caused to homes and loss of property in Wentworth after the explosion at its oil refinery in Durban South in December 2020? NW730E

Reply:

The matter referred to in the question should be addressed to the Department of Environmental Affairs, Forestry and Fisheries who handle Environmental impact issues, as well as the Department of Employment and Labour as the responsible Department for the investigation of industrial accidents.

19 March 2021 - NW297

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Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture”

(1). With reference to the Iziko Museum, (a) what are the relevant details of the Court Yard project, (b) on what date was the project approved, (c) what was the budget allocation, (d) what work needed to be done, (e) on what date was it supposed to be completed and (f) what is the total amount that has been spent; (2). whether the project (a) has been completed and (b) is currently in use; if not, why not; if so, what are the relevant details?

Reply:

(1). (a).

Project Name : COURTYARD PROJECT

Public Entity : IZIKO SOUTH AFRICAN MUSEUM

Location : The Company Gardens, Queen Victoria Street, Cape Town, Western Cape.

The Museum building complex is sited within the Company Gardens and comprises several interlinked buildings which range from the historically significant, main entrance building, (Block A), through the various infill additions and extensions to the early 1980’s, heavily serviced, late brutalist Courtyard Building, (Block C).

Work under this contract extends throughout this complex and involves specialised heritage work in the oldest building on the entrance side, incorporates work to some of the earlier interlinking buildings previously altered and extended, includes work to the high ceilinged Whale Well. The work focusses mainly on the mountain side Courtyard Building (Block C) which is extensively updated, upgraded, structurally strengthened and extended with construction of five floors on piled foundations within the internal courtyard carrying new sixth and seventh floors which cantilever over the original building.

Project Description, scope and objectives:

The project was undertaken to increase the research collections’ storage capacity, to update safety services and to expand the visitor experience.

Alterations and additions were undertaken to update, extend and complement existing museum facilities, including those for the receiving, preparation, research, safe keeping, conservation and select display of scientific natural history specimens. Considerable additional specialized protected storage has been provided, much with close climate control. Also provided are new education and conference facilities, laboratories and management facilities. All services within Blocks C and D have been updated and fire safety in particular has been significantly improved with the range of fire suppression systems implemented including water, foam and inert gas systems. Electronic access control, monitoring and low UV energy efficient lighting is provided.

Work comprised alterations and restoration of various areas within the historic buildings (comprising Blocks A and B) of the Museum Complex; installation of digital display lighting and construction of a new plant room at roof level within the Whale Well (Block B); stripping, alterations and extensive reconstruction of the 1980’s research and collection building, (Block C) and the construction within its courtyard of a new five storey infill structure on extensive piled foundations.

This infill structure supports the new sixth floor which cantilevers over the existing building and houses a multi-purpose, sub-divisible conference facility with breakaway and entertainment areas and a full catering kitchen. Above this the new top, seventh floor accommodates meeting rooms and the executive offices of the eleven national museums in Cape Town, Iziko Museums of South Africa.

Block D, (the building with its two courtyards, which link Block C and the Planetarium) is extensively reconfigured for education facilities and offices, with one light well repurposed as a usable, planted courtyard and the other courtyard roofed, provided with Amphitheatre style seating and integrated with the adjacent classrooms and meeting areas.

New fire protection services installed as part of the works include fail-safe pumped water storage, gas, foam and sprinkler fire suppression systems; energy efficient reverse-cycle heating, ventilation and air conditioning; interactive digital touch-screen displays, two new passenger lifts and a new goods lift; computerised bio-metric access control, digital security cameras, a stand by generator and new electrical, security and alarm infrastructure. Low energy consumption lighting with minimal damaging ultra-violet light output has been installed.

Facilities includes:

  • specialised storage and conservation facilities for specimens preserved in volatile, flammable and hazardous substances which make extensive use of mobile racking to maximise efficiency, and
  • specialised, separate safe marine mammal and terrestrial vertebrates wet dissection areas with purpose made tables incorporating down draft extraction for health and safety reasons, served by a travelling mono-rail crane which links to new cold and freezer rooms, the high hazard tank storage facility and vehicle loading docks,
  • the fossil specimen preparation laboratory,
  • taxidermy, maceration and specimen preparation areas,
  • workshop, display preparation, spray-room and associated design facilities,
  • conference facilities, breakaway rooms, catering facilities and support functions,
  • education facilities and classrooms, including roofing and internalising a courtyard for teaching purposes,
  • removal of redundant facilities and structure to provide additional display and teaching facilities in Blocks A and B,
  • the executive, finance and administration offices,
  • the research and special collections library,
  • the bio-diversity teaching and demonstration laboratory,
  • scanning electric microscope room and digital X-ray room.

Inert gas, foam or water fire suppression systems, appropriate to the various collections protect these areas and two on-site water storage tanks on piled foundations with autonomous pumps ensure adequate supply, independent of external power or water to separate fire hydrant, hose reel and sprinkler systems. Ground water has been tapped for reticulated for irrigation purposes.

(b). The project was approved on the 20th May 2005 (as per Procurement Instruction document)

(c). The budget allocated was R 339 303 043.19

(d). The work needed to be done was specialised storage and the other facilities noted above were required, obsolete infrastructure and services needed to be updated, fire and general safety and security improved and the structure of the building strengthened as this was showing stress cracks and signs of overloading before any new facilities were added. Some inappropriate modifications to the buildings needed to be removed, original spaces reinstated and their building fabric restored.

Inadequate fire suppression systems in Blocks C and D needed upgrading and replacement with energy efficient systems.

(e). The Original Practical Completion Date was 30 June 2014

Contract Commencement Date and duration: 29 June 2012. (24 months) Site Handover Date: 14 January 2013 (Award delayed due to adjudication process & non-availability of site).

(f). The total amount that has been spent including professional fees is R 319 403 705, 55

2.(a). The project/works reached the stage of practical completion in terms of the building contract on 14 August 2020 when the last few areas of the works were handed over to the User Department. The contractor is currently attending to snags prior to achievement of the contractual stage of Works Completion, anticipated to be achieved by end March 2021 with Final Completion early in July 2021.

(b). Yes, it is currently in use

19 March 2021 - NW487

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Masango, Ms B to ask the Minister of Home Affairs

What plans does he have in place to prioritise the beneficiaries of the SA Social Security Agency who are awaiting their applications for birth registration and/or identity documents to be finalised by his department?

Reply:

1) The Departments of Home Affairs and Social Development signed a Memorandum of Understanding (MOU) on Identity Management and Social Welfare matters. This MOU is affected through a standing committee comprising of DHA, DSD as well as SA Social Security Agency (SASSA) representatives where matters of mutual concern are discussed. This MOU makes provision for the sharing of information that will facilitate the smooth execution of social welfare service delivery matters, where SASSA will provide information about citizens who require either birth registration services and/or identity documents.

2) Birth registration is the building block of the National Population Register (NPR). The Department prioritised birth registration and has partnered with the Department of Health to ensure that every birth that occurs is registered prior to them being discharged from health facilities.

3) Mobile Units are also deployed to assist in registering births in areas where there is no infrastructure to register birth.

4) Mothers who are unable to register birth at health facilities are referred to front offices to register such births.

END