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25 November 2022 - NW3472

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Social Development

(1)Whether she has been informed of the comments made by the Department of Social Development in Gauteng that no new child and youth care centres (CYCCs) will be funded and/or registered going forward; if not, what is the position in this regard; if so, what are the relevant details; (2) whether she intends to clarify the policy position of her department on nongovernmental organisations (NGO) and nonprofit organisations (NPO) as there is an anti-NGO and/or NPO sentiment emanating from some sectors of her department and some provincial departments; if not, what is the position in this regard; if so, what are the relevant details; (3) whether she will furnish Ms L L van der Merwe with a copy of the report that was said to have been commissioned by her department in December 2020 that looked at CYCCs in the past seven years and pointed to the fact that they are not full to capacity; if not, why not, if so, (a) on what date and (b) what are the relevant details; (4) what continues to cause the late payment and/or nonpayment of NGOs/NPOs?

Reply:

1. The National Department is aware that the Gauteng Department of Social Development will not fund new CYCCs in the 2023/2024 financial year in line with the Institutional Re-alignment Project (IRP) that seeks to build state capacity and reduce over-reliance on NPOs. The Gauteng Department will continue to partner with NPOs that are compliant with the funding requirements and are registered in terms of the provisions of Children’s Act 38 of 2005 as CYCCs or any other relevant programme legislation such as Older Persons Act 13 of 2006 or Prevention of and Treatment for Substance Abuse Act 70 of 2008. Furthermore, funded NPOs must be compliant with the NPO Act. The CYCCs that were funded during 2022/2023 and are compliant with above-mentioned legislation will continue to be funded during 2023/2024. The Department continues to register CYCCs or any other NPO/entity that applies for service registration provided that these comply with all the registration requirements. It must be noted that NPO registration does not automatically translate in funding by the Department. Funding is informed by priorities of the provincial department such as programme emphasis, service areas, geographic priorities and the availability of funds. Building state capacity to deliver constitutionally-mandated services, while retaining critical identified partnerships with the NPO sector, remains a priority for the Gauteng Department of Social Development (GDSD).

2. In line with the IRP, the GDSD is strengthening its monitoring of NPOs and ensuring compliance with relevant legislative mandates. The Department is also reviewing how NPOs were previously funded. These level-headed initiatives have caused discomfort in some sections of the NPO sector. As a result, the narrative that the Department is introducing these initiatives primarily to close NPOs down is being publicised. Of course this is incorrect. NPOs continue to play a critical role in identifying social problems, finding solutions, and even achieving social objectives in numerous areas that the Department cannot cover efficiently. They operate at the coal-face. It is for this reason that, in service of the people, effective partnerships between government and NPOs will continue. Therefore, it is not correct that the Department has anti-NPOs. It remains the responsibility of the NPO to comply fully with relevant legislation while demonstration return-on-investments on public resources.

3. (a) and (b)

The department is not aware of the report commissioned in 2020 that looked at CYCCs in the preceding seven years. However, as part of ongoing monitoring, funded CYCCs and other residential facilities are expected to submit their occupancy status reports.

4. Reasons for the delays on payments is non-compliance by NPOs which are not meeting all funding requirements as legislated. Funding of non-compliant NPOs poses a huge risk for the Department and the public as the quality of services to beneficiaries may be compromised due to non-adherence to prescribed legislation and norms and standards.

25 November 2022 - NW3370

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Chabangu, Mr M to ask the Minister of Public Enterprises

Whether he has found that Eskom can be rescued under the present conditions it operates in; if not, what is the position in this regard; if so, what are the full details of the rescue plan?

Reply:

According to Information Received From Eskom

Eskom is critical to the economy of South Africa, and it is thus imperative that Eskom is enabled to provide consistent and reliable electricity to the country. In order to achieve this, assistance in addressing Eskom’s unsustainable debt is required from the Government and this will be done as committed by the Minister of Finance in his Medium-Term Budget Policy Statement on 26 October 2022.

Secondly, additional capacity is urgently required nationally, not only to address the current shortfall, but also to provide Eskom enough maintenance space to execute essential reliability maintenance and to replace the capacity of its coal units that are to be shut down.

Thirdly, Eskom will improve its operational performance and increase its generation capacity through a number of interventions, including:

  • Bringing the remaining two (units) at Kusile online and expediting the return of Medupi unit 4;
  • Implementing reliability maintenance through focus on quality, recruitment of experienced staff, and the utilisation of the Original Equipment Manufacturers (OEMs);
  • Addressing Eskom debt to enable required investments;
  • The use of climate funding to invest in repurposing and repowering of stations to be shut down;
  • Coordinated efforts with law enforcement to address sabotage, theft, and fraud at power stations; and
  • Focus on six (6) priority stations (Duvha, Kendal, Kusile, Matla, Majuba and Tutuka) where the maximum benefit can be achieved by improved performance.

Fourthly, the Presidential Energy Action Plan was developed to address Eskom generation challenges. The root causes of the current performance are due to late decision by the Government to allow Eskom to build new generation capacity and many years of sub-prudent and efficient cost reflective tariffs which led to over a decade of “running the stations very hard” with less-than-ideal reliability maintenance and mid-life refurbishments.

The “Rescue Plan” of Eskom requires inadequate capacity and inadequate funding as well as availability of the Generation fleet to be addressed.

 

25 November 2022 - NW3297

Profile picture: Buthelezi, Mr EM

Buthelezi, Mr EM to ask the Minister of Public Enterprises

(1) Given that the Minister of Mineral Resources and Energy recently announced that the Republic will be forging ahead with its plan to create a new state-owned power company by converting three coal-fired plants in relation to Eskom escalating the Republic to stage 6 load shedding due to the inability to prevent breakdowns at power stations, how has his department partnered with other government departments to address the operational difficulties at Eskom. (2) Whether a comparative cost analysis has been done on the feasibility of a new power company in relation to the current resources needed to financially capacitate Eskom; if not, why not; if so, what is the breakdown of such an analysis. (3) Considering the defects that occurred during the planning stages of projects at the (a) Medupi and (b) Kusile Power Stations, what are the relevant details of the steps that his department has taken to prevent a repetition of the problems that occurred at the specified power stations to occur at other power stations and the proposed new power station?

Reply:

1. The Department is working closely with Eskom and other Government Departments as part of the President Action Plan to address electricity crisis in the country. DPE participates In the National Energy Crisis Committee (NECOM) workstreams that aims to improve Energy Availability Factor (EAF) to reduce loadshedding. Department of Mineral Resources and Energy (DMRE) is also part of NECOM, and the creation of the new state-owned power company is still speculative. Minister of DMRE is best placed to respond on the creation of the new state-owned power company.

2. The Minister of Mineral Resources and Energy will be appropriate to respond to the question of comparative analysis of creation of new State-Owned Company.

According to Information Received from Eskom:

3. Context – key insights and lessons learnt

Eskom has, over time, reviewed and reflected on the diverse challenges and key lessons learnt in the up-front conceptualisation, strategic decision-making, planning, and execution of the Eskom new build programme. The following Eskom key lessons and initiatives have been recognised to improve management and delivery in the Eskom new build programme and mega capital and investment projects:

  • International benchmark lesson: engineering development of mega projects
  • Adequate front-end engineering development (FEED) of mega projects: the approach taken in comparable benchmarked projects shows that investment in FEED reduces execution time, reduces capital expenditure, and increases schedule certainty.
  • Key benefits of FEED are the development of comprehensive and complete engineering assumptions that significantly improve scoping, planning, plant designs, project schedule delivery, and execution integration and result in significant reduction in contractor claims and improvement in cost efficiencies through effective commercial, procurement, and tender award processes.
  • Timely up-front investment decision-making and securing of project funding
  • The decision to embark on the Eskom massive and complex new build programme, with three mega projects (Medupi, Kusile, Ingula) executed at the same time, and the national energy supply crisis of 2008 (that is, the loadshedding situation) led to the hurried executive decision for Eskom to start the construction of Medupi and Kusile power plants, which presented multiple risks, including a capital funding shortfall. The Kusile Project was suspended for several months due to a capital funding shortfall. In addition, some gaps were identified regarding a lack of suitably qualified, skilled, and experienced resources from both Eskom and contractors that were not readily available in the market (locally and internationally).
  • At the time of the commencement of these mega projects, Eskom had not executed any projects of this magnitude and scale for decades, hence the lack of skills and experience. The critical skills and experience lacking from both Eskom and contractors included engineering planning and design, contracting and contracts management, commercial and procurement management, programme/project management (scheduling and monitoring), and construction management.
  • Furthermore, the choice of the engineering, procurement, and construction (EPC) management multiple contracting strategy versus turnkey in the execution of the Ingula, Medupi, and Kusile Projects, to partly fulfil Eskom’s socio-economic mandate, introduced a project/contract management risk that resulted in ineffective co-ordination/management of the many contracts and contractors. The appointment of experienced and proven global execution partners was intended as a mitigation measure to provide assurance of successful delivery of the projects. Despite the appointment of the execution partners to assist Eskom, the projects experienced significant cost, schedule, and scope overruns. The cumbersome procurement approval processes in Eskom and government were a contributing factor.
  • The hurried project development and shortened time spent on front-end engineering loading, with shortcuts taken in design and engineering, led to uncertainty, avoidable design changes, and integration issues, accompanied by significant mega project schedule delays, design defects, and cost escalations. The current major new plant defects are a significant consequence, impacting on the availability and reliability of the commissioned units. This situation, furthermore, led to outstanding licences and approvals that had to be obtained during the execution release approval (ERA) phase, as was the case with land acquisitions, which ultimately had a negative impact on the overall project completion time. Notwithstanding the aforementioned, Eskom managed to deliver the mega projects within the overall range of international benchmark time frames and overnight costs.
  • An ineffective contracting strategy and framework, including an insufficient contractual penalties and claims management strategy, contributed to low levels of contractor performance (productivity).
  • Ineffective project execution resulted in excessive cost, schedule, and scope overruns in the mega projects due to challenges and inefficiencies in several functional areas: engineering planning and design; project scheduling and controls; commercial and procurement management; contractor management and monitoring; and low levels of performance by execution partners, contractors, and Eskom staff. This inadequate project construction oversight of contractor performance resulted in significant rework (that is, major plant defects).
  • Ineffective project governance, oversight, and compliance management resulted in serious non-compliance with Eskom governance processes in the areas of contracts, procurement, commercial, engineering, and National Treasury policies and guidelines, leading to the high incidence of financial irregularities, wasteful expenditure, malfeasance, and corruption.
  • Ineffective management of the project statutory and regulatory requirements and risks related to safety, health, the environment, and quality, resulting in delayed project statutory and regulatory approvals (that is, water use licences, permits), with approvals obtained during the ERA phase, and leading to significant disruption and changes to the sequence of the construction schedule.
  • Ineffective management of the project industrial relations and social developmental issues resulted in various site worker protests and local-to-site community protests, significantly contributing to project cost and schedule overruns.

Steps to prevent recurrence (Eskom improvement initiatives in the management and delivery of mega projects originating from the referred-to global benchmark and new build programme lessons)

In 2021, based on the key insights and lessons learnt from the disastrous outcomes of the execution of these mega projects, Eskom decided on the Engineering, Procurement and Construction (EPC) lump sum (turnkey) strategy for the execution of any future mega projects. This strategy was chosen to ensure the achievement of the best possible project results (that is, cost, schedule, scope) and to maximise the return on capital investment, while minimising risks to the owner (Eskom).

Eskom, through the EPC turnkey strategy, will outsource the critical front-end engineering development (FEED) scope and project execution and completion scope (construction, commissioning, and handover) to a proven, best-in-class, competent EPC turnkey contractor. The EPC turnkey contractor shall establish a single procurement contract to deliver the project for Eskom.

Key benefits of the EPC turnkey strategy for Eskom: the EPC turnkey contractor will appoint and manage subcontractors, which will address the various risks and challenges that Eskom experienced in the execution of the new build programme, while improving project delivery and improving the security of energy supply of the national grid. It will limit and avoid the reoccurrence of corruption, malfeasance, major plant defects, and reputational damage and improve the return on capital investment for Eskom. Eskom’s responsibility shall be limited to conceptual, basic engineering work as part of the Eskom project development function.

In addition, Eskom has created and implemented a project management system, informed by the high-performance utility model (EHPUM) and project life-cycle model (PLCM), with strong capabilities, processes, systems, and tools. The latter forms the basis for a structured approach to improve the management and delivery of mega capital and investment projects.

Progress on fixing the major defects at Medupi and Kusile

The roll-out of the major boiler plant defect solutions agreed with the contractor in 2020 for Medupi and Kusile has been completed. The results are encouraging, showing an improved average energy availability factor (EAF) of 82% over the six months (excluding Unit 4) at Medupi.

At Medupi, the gas air heater, pulse jet fabric filter (PJFF), and boiler plant modifications by the boiler contractor have been implemented on all six units, except for the long-lead milling modifications on all units and the duct erosion modifications on Unit 6.

The first phase of the roll-out (PJFF, GAH mechanical, mill short-lead items) has been completed for all Medupi units and for Kusile Units 1, 2, 3, and 4.

At Kusile, the major boiler plant modifications have been completed on four units (Units 1 to 4). Modifications on Units 5 and 6 are being rolled out during construction before commercial operation.

 

 

25 November 2022 - NW3434

Profile picture: Montwedi, Mr Mk

Montwedi, Mr Mk to ask the Minister of Justice and Correctional Services

What (a) are the reasons that it takes almost six months for a case on the normal roll for the North West High Court to finally be heard in court and (b) steps of intervention have been taken to reduce the extended waiting period? [

Reply:

1. Reserved Judgments form part of the Judicial performance indicators and targets relating to Judicial functions.

2. Judicial functions were delineated from the Office of the Chief Justice planning documents from 2017/2018 going forward.

3. The Chief Justice however presents the Judiciary Annual report at the Judiciary day. The report is available on the Judiciary website.

4. All questions relating to judicial functions should be directed to the Chief Justice.

25 November 2022 - NW3390

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Public Enterprises

In light of the fact that earlier in 2022, the President, Mr M C Ramaphosa, assured South Africans that loadshedding would be a thing of the past, but for the weekend of 10 September 2022 the Republic was on stage six loadshedding, what concrete steps are being taken to make loadshedding a thing of the past?

Reply:

According to the Information Received From Eskom

Loadshedding is used as a last resort when there is inadequate capacity available to supply the demand. This is to protect the system from a total blackout which will be costly to the country.

The main reasons for the inability to meet demand are a national capacity shortage of between 4 000 and 6 000 MW and the availability of Eskom’s Generation fleet, which is below aspiration.

In order to address the availability of the Generation fleet, Eskom is focusing on operational recovery and capacity increase which include:

  • Bringing the remaining two (units) at Kusile Power Station online and expediting the return of Medupi Unit 4;
  • Implementing reliability maintenance through focus on quality, recruitment of experienced staff, and the utilisation of original equipment manufacturers;
  • Addressing Eskom debt to enable required investments;
  • Use of climate funding to invest in repurposing and repowering of stations to be shut down;
  • Co-ordinated efforts with law enforcement to address sabotage, theft, and fraud at the power stations;
  • Focus on six (6) priority stations (Duvha, Kendal, Kusile, Majuba, Matla and Tututka) where the maximum benefit can be achieved by improved performance; and
  • Implementation of Presidential Energy Action Plan to address electricity crisis in the country.

The root causes of the current performance were due to late decision to allow Eskom to build new capacity and many years of sub-prudent and efficient cost-reflective tariffs which led to over a decade of “running the stations very hard” with less-than-ideal reliability maintenance and mid-life refurbishments. Until both the inadequate capacity and availability of the Generation fleet are addressed, the risk of loadshedding will remain high.

25 November 2022 - NW2538

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Siwisa, Ms AM to ask the Minister of Social Development

What (a) recent initiatives has she taken to abolish the practice of Ukuthwala, which remains prevalent in some parts of the Republic and (b) measures have been put in place to ensure that parents and/or guardians who subject young girls to the specified practice are held accountable?

Reply:

a) The practice of ukuthwala is not legalized in the country, and the Department of Social Development together with all of government supports this stance. Therefore, the Department is against the practice of ukuthwala and advocates against its practice. On this backdrop, it is important to note that the continuity of this practice has been masked as a customary practice. This is notwithstanding the fact that it is being denounced by the custodians of customary practices. Ukuthwala occurs without the consent of its victims. It violates the victims’ right to dignity. This practice is associated with the kidnapping, assault and rape of young girls by older men who force them into customary marriages. It is a cross-cutting issue and fighting it requires collaboration with other departments such as, for instance, Cooperative Governance and Traditional Affairs (COGTA) and South African Police Service (SAPS). This practice has been reported mainly in KwaZulu-Natal and Eastern Cape provinces.

The Department of Social Development in partnership with other government departments is on a standing 365 days campaign on the protection and prevention of violence against women and children. Among the messages that we communicate through this permanent campaign is to advocate against the practice of ukuthwala. In particular in the Eastern Cape province we are embarking on a number of initiatives in this regard, including conducting educational programmes at schools and communities to empower children and parents about the infringement of children’s rights through ukuthwala. Where cases of statutory rape and forced marriages are identified, these cases are reported to SAPS and victims are provided with therapeutic services. In KwaZulu Natal, the district municipalities that are mostly affected by the scourge of ukuthwala are Uthukela and Harry Gwala. Led by Social Development, the relevant prevention and intervention programmes were implemented in an integrated approach together with all the stakeholders including the Department of Health, Amakhosi and the National Prosecuting Authority. A stakeholder’s forum has been established whereby Amakhosi in the affected areas are leading the awareness campaign against ukuthwala and other social ills. These ongoing initiatives have resulted in reduced cases of ukuthwala. Now there are improved levels of assertiveness by families and young girls against ukuthwala, ant these cases are being reported to SAPS. The social workers that we placed in police stations through lifeline as well as in Thuthuzela centres are providing psychosocial support and therapeutic services to the affected community members.

Further, from May 29 to 5 June 2022 the Department was part of the government-wide annual Child Protection Week Campaign. This year’s campaign had a particularly strong focus on teenage pregnancy. It is important to point out that some of the young girls who are victims of ukuthwala get pregnant and miss out on their rights to education, dignity and health. Furthermore, the Department worked with the provincial offices on child rights (ORCs) during this year’s commemoration of the Day of the African Child under the theme: “Advocating against harmful cultural practice” with the focus on protecting girls against ukuthwala as well as boys against attending unregistered initiation schools. The outcome of the two campaigns led to increased awareness on the violation and protection of the rights of children.

Even though the incidents of ukuthwala have only been reported in KZN and EC, the Department plans to extend its campaign to other provinces as a preventative measure. It is believed that awareness campaigns may limit the spread of ukuthwala as these target changing mindsets about the practice. The next campaign is targeted in Mpumalanga during the current financial year.

b) The perpetrators of ukuthwala (including the instigator and parents if they collaborate with the instigator) are administered in terms of the applicable legislative framework relevant to the specific matter that is associated with ukuthwala such as rape (including statutory rape if the victim is a child), contravening the Marriage Act, kidnapping, trafficking of persons, defeating the ends of justice, etc. Criminal charges should send a strong message to discourage the practice of ukuthwala.

Furthermore, the victims of ukuthwala are offered psycho-social support services by qualified professionals and they can reach out to the Department via our toll-free number 0800 428 428. This is supported by a USSD, “please call me” facility: *120*7867#. A Skype Line ‘Helpme GBV’ for members of the Deaf community also exists. (Add ‘Helpme GBV’ to your Skype contacts). An SMS-based Line 31531 for persons with disabilities (SMS ‘help’ to 31531) also exists. Victims of ukuthwala are further referred to applicable health and justice services.

 

 

25 November 2022 - NW3480

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

What (a) is the total number of wrongful convictions that were handed down in the Republic in the past three financial years and (b) is the position of his department in this regard? [

Reply:

1. Wrongful convictions are not part of the key Judicial Indicators although the number of Appeals finalised are being monitored.

2. Judicial functions were delineated from the Office of the Chief Justice planning documents from 2017/2018 going forward.

3. The Chief Justice however presents the Judiciary Annual report at the Judiciary day. The report is available on the Judiciary website.

25 November 2022 - NW3151

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Masango, Ms B to ask the Minister of Social Development

(1)What number of criminal cases has (a) her department and (b) the SA Social Security Agency (SASSA) lodge against (i) any persons who unduly benefited from receiving social grants through fraud and/or corruption and (ii) officials who have helped such persons to unduly benefit from receiving social grants through fraud and/or corruption in the past 10 years in each case; (2) what number of the charges were (a) prosecuted and (b) successfully prosecuted; (3) how regularly does her department train officials from (a) her department and SASSA in order to (i) recognise and (ii) prevent scams and/or fraudulent activities to obtain social grant payments? NW3861E

Reply:

1. (a-b) (i) During the period under review (2012/2013 to 2021/2022 financial years) SASSA referred a total number of 489 cases for criminal investigations and possible prosecution. These cases involved 1174 individuals, (ii) of which 761 were officials as reflected in the table below.

No.

Year

Beneficiaries

Officials

Money Lenders

Other

1

2021/2022

-

50

-

-

2

2020/2021

17

20

-

-

3

2019/2020

 83

16

3

 

4

2018/2019

 73

 52

 

1 CPS Official

6 Public Works Officials

5 Former SASSA Officials

5

2017/2018

 38

195 

53

7 private person

1 CPS

6

2016/2017

 1

 22

-

3 Private Persons

7

2015/2016

 9

 337

 

5 Doctors

5 Private persons

3 Former SASSA Officials

8

2014/2015

 -

 3

64

16 Private Persons

2 CPS Officials

9

2013/2014

 -

 56

-

 

10

2012/2013

 -

10 

-

03 Former SASSA Official

15 Agents/Tout

 

Subtotal

221

761

120

72 Private persons

 

Total

1174

2. (a) Of the 489 cases referred to Law Enforcement Agencies, b) 31 were successfully prosecuted.

3. SASSA has an approved Fraud Prevention Strategy that is aligned to the National Anti-Corruption Strategy. (i) Fraud awareness campaigns are conducted on a quarterly basis as per the operational plan. (ii)The emphasis of the strategy is on fraud prevention through fraud awareness capabilities.

25 November 2022 - NW2606

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Van Der Walt, Ms D to ask the Minister of Agriculture, Land Reform and Rural Development

What number of requests have been received by the Director-General of her department under section 11(6)(d) of the Communal Property Associations Act, Act 28 of 1996, to (a) require the members of an association to conduct an election for a new management committee where the integrity, impartiality of effectiveness of the incumbent committee or a member of that committee was placed in question, (b) undertake an enquiry into the activities of an association and (c) obtain annual financial records from an association since 1 January 2012?

Reply:

(a)(b),(c) None. Section 11(6)(d) of the Communal Property Associations Act, 1996 (No. 28 of 1996) does not make provision for members of an association to request the Director General of the Department of Agriculture Land Reform and Rural Development to conduct an election for a new management committee, undertake an enquiry into the activities of an association and obtain annual financial records from an association.

Section 11(6)(d) of the Communal Property Associations Act, 1996 (Act No. 28 of 1996) makes provision for Director General of the Department of Agriculture Land Reform and Rural Development to conduct an election for a new management committee, undertake an enquiry into the activities of an association and obtain annual financial records from an association.

25 November 2022 - NW3207

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Social Development

What total number of field social workers, excluding supervisors and managers, have been employed by her department in each province, to deal with programmes and cases relating to (a) child protection services, (b) substance abuse, (c) older persons, (d) victim empowerment and (e) services to persons with disabilities in each specified financial year in the period 1 April 2016 to 31 March 2021?

Reply:

It should be noted that where there is no responses, information has not yet been provided by the affected province(s) at the time of responding to this question.

Table 1: Total Number of field Social Workers employed in provincial DSD

YEAR

PROG

PROVINCE

   

EC

FS

GP

KZN

L

MP

NC

NW

WC

2016/17

a) Child protection Services

180

0

601

853

1326

     

472

 

b) Substance Abuse

79

0

 

264

       

52

 

c) Older Persons

154

0

 

287

       

52

 

d) Victim Empowerment

111

0

 

259

       

30

 

e) Services to Persons with Disabilities

104

0

 

288

         

2017/18

a) Child protection Services

279

0

601

845

1458

     

493

 

b) Substance Abuse

104

1

 

254

       

52

 

c) Older Persons

109

0

 

289

       

52

 

d) Victim Empowerment

142

0

 

249

       

30

 

e) Services to Persons with Disabilities

107

0

 

290

         

2018/19

a) Child protection Services

292

2

 

851

1492

     

526

 

b) Substance Abuse

100

3

 

255

       

52

 

c) Older Persons

119

0

 

296

       

52

 

d) Victim Empowerment

145

0

 

248

       

30

 

e) Services to Persons with Disabilities

106

0

 

292

         

2019/20

a) Child protection Services

278

5

601

825

1472

     

417

 

b) Substance Abuse

103

2

 

244

       

52

 

c) Older Persons

131

1

 

270

       

52

 

d) Victim Empowerment

139

4

 

237

       

30

 

e) Services to Persons with Disabilities

105

1

 

265

         

2020/21

a) Child protection Services

319

0

601

835

1444

     

469

 

b) Substance Abuse

98

0

 

243

       

52

 

c) Older Persons

126

1

 

270

       

52

 

d) Victim Empowerment

139

   

236

       

30

 

e) Services to Persons with Disabilities

101

1

 

265

         

 

25 November 2022 - NW3447

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Transport

What are the reasons that the Road Accident Fund (a) ignored the ruling of the North Gauteng High Court, (b) disregarded the Public Finance Management Act, Act 1 of 1999, and (c) changed its accounting policy in order to hide the R300 billion it has in liabilities?

Reply:

The Road Accident Fund (RAF),

(a) did not ignore the ruling of the North Gauteng High Court (NGHC). The ruling of the NGHC handed down on 24 February 2022 dealt with the merit of the interdict sought by the RAF to interdict the Auditor-General of South Africa from publishing its audit report of the RAF for the financial year ending 31 March 2021 (Part A of the Application), pending the resolution of the substantive dispute between the parties (Part B of the Application). Consequently, the ruling of the NGHC on Part A of the Application does not deal with the dispute related to the RAF’s adoption of a new accounting policy, which dispute is still before the court, to be determined in part B at a future date. The RAF subsequently launched an application for leave to appeal against the judgment in respect of Part A. The matter was heard on 21 April 2022 and judgment was granted in favour of the RAF on 4 May 2022. The judge stated that: “Having read the papers and having carefully heard counsel I come to the conclusion that there is a reasonable prospect that another court would come to a different conclusion on the order of the court.”

(b) did not disregard the Public Finance Management Act, Act 1 of 1999 (PFMA), quite the contrary, the PFMA in terms of section 55(2)(a) places an obligation on the Board of the RAF to ensure that the annual report and financial statements of the RAF fairly present the state of affairs of the public entity, its business, its financial results, its performance against predetermined objectives and its financial position as at the end of the financial year concerned. The RAF is a social benefit scheme as stated in the White Paper on the Road Accident Fund of 1998 approved by Cabinet and effected in the amendment of the RAF Act in 2008. Furthermore, the policy direction of the Road Accident Benefit Scheme as gazetted by the Minister of Transport on 21 November 2011, in the policy paper for the Road Accident Benefit Scheme makes it clear that the policy direction of RAF as a social benefit scheme continues. It is therefore clear that the RAF continues to be a social benefit scheme. Policy continues to be an exclusive competency of the executive arm of the State lead by Cabinet of South Africa. The RAF accounting authority is empowered by section 51(2) of the PFMA which reads thus: “If an accounting authority is unable to comply with any of the responsibilities determined for an accounting authority in this Part, the accounting authority must promptly report the inability, together with reasons, to the relevant executive authority and treasury.” The RAF accounting authority promptly reported its inability to comply, together with the reasons to the Minister of Transport and the National Treasury. The RAF has therefore duly complied with all prescripts including all provisions of the PFMA,

(c) The RAF must in terms of section 55(1)(b) of the PFMA prepare financial statements for each financial year in accordance with generally recognised accounting practice (GRAP) as published by the Accounting Standards Board (ASB). In accounting for its liabilities the RAF is expected to use a GRAP framework and standards as published by the ASB. The RAF as a social benefit fund (provides social welfare as per the White Paper on the Road Accident Fund of 1998), and is excluded from the application of GRAP 19 which provides in paragraph .02 that: “An entity that prepares and presents financial statements under the accrual basis of accounting shall apply this Standard in accounting for provisions, contingent liabilities and contingent assets, except: (a) those provisions and contingent liabilities arising from social benefits provided by an entity for which it does not receive consideration that is approximately equal to the value of goods and services provided directly in return from the recipients of those benefits;…” The RAF in accounting for its social benefits is expected to use the GRAP standard for social benefits. GRAP however does not have a standard for social benefits. GRAP 3, paragraph 8 states that: “In the absence of a Standard of GRAP that specifically applies to a transaction, other event or condition, management shall use its judgement in developing and applying an accounting policy that results in information that is: (a) relevant to the economic decision-making needs of users; (b) reliable, in that the financial statements: (i) represent faithfully the financial position, financial performance and cash flows of the entity; (ii) reflect the economic substance of transactions, other events and conditions, and not merely the legal form; (iii)are neutral, i.e. free from bias; and (iv)are prudent; and (c) are complete in all material respects.” Empowered by this provision of the GRAP standard, the accounting authority then developed and applied an accounting policy that is in line with paragraph 9, 10, 11 and 13 of the same GRAP 3. The RAF then applied its accounting policy developed as stated above to its financial statements which resulted in financial statements providing reliable and more relevant information on the entities financial position, financial performance and cash flows, in line with the GRAP standards and the PFMA. It is therefore incorrect to make an assertion that the RAF has hidden R300 billion. For more information, please refer to the attached explanatory memorandum to the Standing Committee on Public

25 November 2022 - NW3249

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Matumba, Mr A to ask the Minister of Social Development

Whether her department has a plan in place to distribute sanitary towels in the North West the same way free condoms are distributed; if not, why not; if so what are the relevant details?

Reply:

The implementation of the Sanitary Dignity Implementation Policy Framework and the Sanitary Dignity Programme is coordinated and monitored by the Department of Women, Youth and Persons with Disabilities. The equitable share budget allocation is given to various implementing provinces from the National Treasury. At National level, the implementation of the programme is shared between the Department of Basic Education (DBE) and the Department of Social Development (DSD). National DSD implements the programme in four (4) provinces, which is Gauteng, Mpumalanga, Western Cape and Eastern Cape while DBE is implementing in five (5) provinces, namely Free State, KwaZulu-Natal, Limpopo, Northern Cape and North-West.

Moreover, this province has strategically included the target for the provision of sanitary towels in the Annual Performance Plans. Learners who are mostly vulnerable and those in quintile 1 and 2 schools in the townships, villages and farm schools are being provided with dignitary packs on a quarterly basis.

The Department provides sanitary towels, on a small scale, to targeted learners from impoverished households and disadvantaged schools. Also, the provision of sanitary towels is made as a form of intervention during disasters. The Department is targeting 10 000 beneficiaries to receive dignity packs throughout this financial year. In 2016, the Department of Women, Youth and Persons with Disabilities scaled up the provision of sanitary towels to benefit the majority of girl-children in quintile 1 and quintile 2 schools. During this period, it was decided that the North West Province Department of Education is strategically positioned to roll-out the large scale provisioning of sanitary towels to beneficiaries in that province.

The Department of Basic Education may be in a better position to provide specifics in terms of the number of sanitary towels provided and cost implications.

25 November 2022 - NW3263

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Shaik Emam, Mr AM to ask the Minister of Agriculture, Land Reform and Rural Development

Given the lessons we have learnt as a result of the war between Russia and Ukraine, what is her department doing to increase the production of (a) wheat, (b) maize and (c) other agricultural products to ensure that the Republic is self-sufficient?

Reply:

In order to ensure the production of key grains such as wheat, maize and other agricultural products the Department of Agriculture, Land Reform and Rural Development (DALRRD) focuses its efforts on:

  • Breeding for high-yielding cultivars and distributing production guidelines;
  • Management of plant pests and diseases;
  • Release of new varieties with improved performance; and
  • Development support to black producers.

Breeding for high-yielding cultivars and distributing production guidelines:

a) DALRRD together with the Agricultural Research Council (ARC) collaborates with partners and role players across value chains to increase agricultural production and productivity of wheat, maize, and other agricultural products to ensure that the Republic is self-sufficient as follows:

  • Increase local production of wheat and reduce reliance on imports by breeding for high-yielding cultivars and distributing production guidelines and making information on cultivar choices widely available to producers across major wheat production areas. Production guidelines give farmers information about cultivars that yield more in their respective production areas. Furthermore, better price on wheat has encouraged more farmers to plant wheat this year than in previous years. Expansion of wheat production and other grains in the Eastern Cape is being pursued with a view to initiate wheat breeding programmes directed at releasing high-yielding cultivars for the Eastern Cape.

b) South Africa is currently self-sufficient in maize and is experiencing increased production levels in other crops such as soybean. The ARC conducts National Cultivar Evaluation Trials on an annual basis in collaboration with seed companies, farmers and other stakeholders to ensure increased production and productivity of key crop commodities. These trials are essential for producers to determine cultivars that are mostly adapted to specific production areas with respect to yield, stability and major pests and diseases and therefore crucial for farmers to make correct cultivar choices. Results are disseminated widely in the form of cultivar recommendation booklets, reports, popular publications as well as the ARC website. Diagnostic services are rendered to producers on soil health, pests and diseases together with information on suitable production practices, among others. Regular training services are conducted across provinces focusing on emerging farmers to capacitate them on the efficient and sustainable production of different crops. Emphasis is placed on the adoption of climate-smart agricultural practices such as conservation agriculture and drought-tolerant cultivars. Crop production manuals, such as the Maize Information Guide (MIG), are also available on cell phone Applications (Apps) and updated regularly.

Management of plant pests and diseases:

Surveillance for Tilletia indica (Karnal bunt for wheat) is ongoing and all infested areas are placed under quarantine to control the movement of infested host materials in order to reduce the spread of the disease. Regulatory measures are also in place to prevent the further spread and release of new varieties with improved performance;

Import measures are in place to reduce the risk of the introduction of Maize Lethal Necrosis Disease (MLND) of maize into South Africa. MLND causes stunting, leaf necrosis, premature plant death, malformed partially filled ears, etc. in maize.

Following the introduction of the Fall Armyworm (FAW) in South Africa, the following measures were put in place:

  • Surveillance for FAW was initiated and it ensures early detection of the pest and leads to rapid response.
  • As collaboration is important in dealing with emergency response to plant pests, a steering committee, comprising of DALRRD, provincial departments, scientists and other industry role players, was formed and it meets regularly. The steering committee discusses best management strategies for the FAW.
  • Regulatory measures are in place by way of making amendments to Control Measures R.110 of the Agricultural Pests Act 36 of 1983.

Chemicals to control FAW were distributed to the affected provinces and farmers/growers were encouraged to apply registered chemicals while maize is still at an early stage to suppress FAW.

Release of new varieties with improved performance:

c) The attached tables summarise the number of new varieties released under the Plant Breeder’s Right Act, 1976 as well as the Genetically Modified Organism (GMO) approvals. The availability of new and improved plant varieties contributes to the sustainability and competitiveness of the production of individual commodities.

Table 1: Number of varieties granted Plant Breeder’s Rights for the year 2021/2022

Commodities

Financial year 2021/ 22

Number of Varieties Financial year 2022/ 23 (to date)

Number of Varieties

Maize

64

18

White Conventional

0

0

Yellow Conventional

1

0

White Genetically modified

26

18

Yellow Genetically modified

37

0

Wheat

1

15

Other grains

Sorghum

0

1

Sunflower

7

0

Soybean

30

24

Oats

2

0

Barley

1

0

Groundnut

3

0

Canola

4

0

Table 2: New GMO events approved in 2021/2022

Crop

Event

Trait

Category

Maize

Bt11xMIR162xMON89034xGA21

Insect resistance and Herbicide tolerance

General release

Maize

Bt11xMIR162xGA21

Insect resistance and Herbicide tolerance

General release

Maize

NK603 x T25 x DAS40278

Herbicide tolerance

Commodity clearance

Soybean

DAS-81419-2xDAS-44406-6

Insect resistance and Herbicide tolerance

Commodity clearance

Soybean

MON87701 x MON89788

Insect resistance and Herbicide tolerance

General release

       
       
       

Table 3: New GMO events approved in 2022/2023

   

Crop

Event

Trait

Category

Maize

3272 x Bt11 x MIR162 x MIR604 x TC1507 x 5307 x GA21

Insect resistance and Herbicide tolerance

Commodity clearance

Development support to black producers

The DALRRD implements a number of farmer support and development programmes such as the Comprehensive Agricultural Support Programme and Ilima/Letsema conditional grants aimed at promoting and facilitating agricultural development and increased production by beneficiaries of land reform or other black producers who have acquired land privately. In the 2022/23 financial year, these programmes are targeting to put 88 867 ha of land under the production of which 90% would be grains. The table below reflect the planned production in 2022/23 per province through these conditional grants:

HA

EC

FS

GP

KZN

LP

MP

NC

NW

WC

TOTAL

Fruit

298

 

0

 

291

50

 

10

 

649

Wine & Table Grapes

 

 

 

 

 

 

 

 

6

6

Vegetables

1616,8

12

200

2 073

878

1140

140

267

0

6 327

Grains (Maize, Dry Beans, Groundnuts, Wheat, Sunflower, Sorghum)

36 365

1414

4 000

10 465

6446

15050

200

6 288

0

80 228

Macadamia/Nuts

 

 

 

30

 

 

 

24

 

54

Chicory

120

 

 

 

 

 

 

 

 

120

Cotton

 

 

 

 

462

 

 

 

 

462

Fodder

701

210

0

 

 

 

 

110

 

1021

TOTAL

39 100,8

1 636

4 200

12568

8077

16240

340

6 699

6

88 867

24 November 2022 - NW3440

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Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she has found that any labour tenant applications have been lost and/or misplaced; if not, is there any possibility to (a) reopen the application process and (b) extend the cut-off date for this purpose; if so, can such applications be located?

Reply:

No. However, the Lost Claims Strategy has been developed in partnership with the Special Master and Association for Rural Advancement (AFRA) to address any claims that may have been identified as lost or misplaced in the process by the applicant, the appointed service providers or the Department during the settlement process.

a) No, the former Department of Land Affairs worked with AFRA in KwaZulu-Natal and the Transvaal Rural Action Committee in Mpumalanga on a campaign to create awareness in communities on farms to assist them to lodge their labour tenant claims. The two organizations managed the process and submitted the applications in terms of section 16(1) of the Land Reform: Labour Tenants Act, 1996 to the then Department for processing. The labour tenancy system was abolished and therefore the re-opening of applications will not be possible.

b) No, section 16(1) of the Land Reform: Labour Tenants Act, 1996, provides that all labour tenant claims were to be lodged not later than 31 March 2001 as legislated by an Act of Parliament; therefore, the cut-off date is not an administrative decision, but a statutory provision.

24 November 2022 - NW4086

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

On what date will adequate water supply be provided for the community of Boitekong in Ward 19 in Rustenburg, North West province, which is currently without water and has been requesting the municipality to make provisions since 2016?

Reply:

Due to the current high-water demand exacerbated by the ongoing power outages, the Rustenburg Local Municipality (LM) is implementing water demand management in the greater Boitekong areas including the new stands (Extention 13). According to the Rustenburg LM, the water restrictions schedules have been communicated with relevant Ward Councillors and the affected residents.

In the medium to long term, funds have been made available through the Municipal Infrastructure Grant (MIG) administered by Department of Cooperative Government and Traditional Affairs (COGTA) for the upgrade of Bospoort Water Treatment Works from the 12ML/d to 24ML/d. I have been advised that the outstanding mechanical and electrical works are envisaged to be completed by the end of June 2023. This will ensure adequate water provision to the Boitekong area.

---00O00---

24 November 2022 - NW4059

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Sharif, Ms NK to ask the Minister of Home Affairs

(1)With regard to the responsibilities of his department in relation to the Alteration of Sex Description and Sex Status Act, Act 49 of 2003, what total number of applications has his department (a) received in terms of section 2(1) since the specified Act was promulgated, (b) granted in terms of section 3 of the specified Act and (c) rejected in terms of section 2(3) of the Act; (2) what total number of rejections had reasons communicated to the applicants as it is required in terms of section 2(3) of the Act?

Reply:

(1) (a) A total number of 476 applications were received.

(b) A total number of 7 orders were granted for alteration of sex description.

(c) No rejections were made in terms of section 2(3) of the Act.

(2) None.

END

24 November 2022 - NW4061

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Sharif, Ms NK to ask the Minister of Home Affairs

(1)Whether, with regard to the responsibilities of his department in relation to the Alteration of Sex Description and Sex Status Act, Act 49 of 2003, he will furnish Ms N K Sharif with all internal research that his department has conducted in terms of its responsibilities in relation to the specified Act; if not, why not; if so, what are the relevant details; (2) what total number of appeals has he received, challenging the decision of his department to reject an alteration of sex description application, since the inception of the Act; (3) whether he will furnish Ms N K Sharif with a statistical breakdown of his ruling on such appeals; if not, why not; if so, what are the relevant details; (4) whether any members of the Trans Activist Coalition have been included in the drafting processes of the amended Identifications Act, Act 68 of 1997, which will be presented to Cabinet in 2023?

Reply:

1. No internal research has been conducted as the department’s responsibility and mandate as guided by Alteration of Sex Description and Sex Status Act, Act 49 of 2003, is to process applications in this respect.

2. None received.

3. Not applicable as no appeals have been received.

4. No member of the group, identified, has formed part of the drafting team. The Bill will be gazetted for public consultation wherein comments and inputs are expected, inter alia, from the community identified.

END

24 November 2022 - NW4209

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Roos, Mr AC to ask the Minister of Home Affairs

Given that on 1 November 2022 the Portfolio Committee on Home Affairs was informed that staff in the Home Affairs legislative drafting unit do not have the necessary legislative drafting expertise, what (a) total number of staff are in the legislative drafting unit, (b) is the total salary and benefits of the staff in the specified unit, (c) are the reasons that staff were hired to the positions without the relevant experience, (d) work are the staff currently busy with given that they do not have legislative drafting expertise, (e) are the reasons that legislative drafting training was not undertaken for the staff, (f) period has the position of Director: Legal Drafting been vacant and (g) are the reasons that an independent legislative drafter was appointed and the skill was not brought in-house?

Reply:

(a) Six (6)

(b) R4 555 841 per annum.

(c) The Senior Legal Administration Officers have the requisite qualifications, as well as experience, to be appointed within the Unit. There is however a distinction between these competencies and that of a Specialist Legislative Drafter, who, has advanced knowledge and expertise required for the formulation of Draft Bill into a legislative framework for submission to Cabinet and Parliament, and ultimately, tabling as an Act.

(d) Currently, the Unit is developing the draft Bills relating to;

  1. Electoral Amendment Bill;
  2. Marriage Bill;
  3. National Identification and Registration Bill;
  4. One Stop Border Post Bill;
  5. Public Holidays Bill. This Bill is initiated as a result of request to determine whether or not certain public holidays should be declared as non-trading days;
  6. Security Printer’s Bill;
  7. Section 34 of the Immigration Act, 2002.

(e) Legal officials within the Legal Services Drafting Unit possess the requisite drafting skills and experience, and have been instrumental with the development of the Draft (foundation) Bill’s as detailed in (d) above. However, the process does not end within the Department and as an outcome of consultations across government Clusters and concerned entities, an integrated legislative formulation of the Draft Bill becomes possible, but prior to it being advanced to Cabinet and then Parliament for approval, it must conform to a specific framework and drafting language, and this is where the skills of a Specialist Legislative Drafter is required.

(f) The erstwhile Director: Drafting left the employment of the Department in November 2021. The Department proceeded to advertise the vacant position and is in the process of finalising the appointment of the Director: Drafting.

(g) Refer to the reasons alluded to in (e) supra above.

END

24 November 2022 - NW4208

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Roos, Mr AC to ask the Minister of Home Affairs

In light of the fact that the SA High Commission Canada charges CAN$127 for a passport and CAN$253 for a maxi passport and the SA High Commission New Zealand charges NZ$135 for a passport and NZ$270 for a maxi passport, what are the reasons that (a) the prices are far higher than the R1 200 for a passport and R2 400 for a maxi passport advertised on 1 November 2022, (b) non-first-time United Kingdom (UK) applicants pay the equivalent of R1 200 for a passport and R2 400 for a maxi passport when they are forced to pay an additional GBP35 to apply through Visa Facilitation Services Global and (c) non-first-time UK applicants do not have the option to apply directly at the SA High Commission?

Reply:

a)  New passport and travel document tariffs were gazetted in the Government Gazette No. 47256 dated 9 September 2022. In accordance with this Gazette, the tariff for a normal 32-page adult and child passport applied for at a South African mission is R1 200.00 while the tariff for a maxi passport applied for at a South African mission is R2 400.00. These new tariffs became effective 1 November 2022.

The missions were informed of the new tariffs for passports and travel documents under cover Revenue Circular No. 6 of 2022, dated 31 October 2022. In this regard, the missions were informed of the ‘spot rate’ to be used in instances where the tariff needs to be converted into a foreign currency. Using these ‘spot rates’ for Canada, New Zealand and the United Kingdom, the indicative prices for normal 32-page passports and maxi passports should be as per the table below:

Country

Spot rate

32 page passport

Maxi passport

Canada

0.0753383665

CAD91.00

CAD181.00

New Zealand

0.095299378

NZD115.00

NZD230.00

United Kingdom

0.047938754

GBP58.00

GBP116.00

Spot rates are used to ensure consistency in the applicable exchange rate. The Department therefore does not vary tariffs payable at the missions on a daily basis as the exchange rates fluctuate. The prices at the missions are rounded up to eliminate the need for change.

The mission in Canada applied the wrong spot rate and did not immediately update its webpage with the correct amounts for Canadian dollars. This oversight has been rectified and the current rates for passports as per the website is the following:

Adult / child passports (32 pages): CAD91:00 (http:///www.southafrica-canada.ca/regular-south-african-passports-c55-processing-fee/ )

Maxi passport (48 pages): CAD181 (http://www.southafrica-canada.ca/maxi-passports/ )

The mission in New Zealand also applied the wrong spot rate. This mission was requested to update its webpage with the correct amounts, in New Zealand dollars, for South African passports applied for at the mission.

b) The introduction of a passport pilot project in the UK through VFS was as a result of high volumes of applications and over six to nine months turnaround times with limited staffing in the Mission in London. The pilot turnaround time is one month and the service fee charged is to cover the overhead costs of VFS.

(c) The applicants may still apply at the Mission should they opt to do so and avoid paying the VFS service fee.

END

24 November 2022 - NW3620

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Lees, Mr RA to ask the Minister of Public Enterprises

(1)What is the total monetary value of (a) all government guarantees issued to the SA Airways (SAA) and which remain with SAA as at 30 September 2022 and (b) government guarantees utilised by SAA as at 30 September 2022; (2) what are the relevant details of the dates that all government guarantees were issued to SAA; (3) what are the (a) reasons that all government guarantees have not been withdrawn from SAA if any government guarantees remain in the hands of SAA as at 30 September 2022 and (b) relevant details of the dates by which all government guarantees will be withdrawn from SAA; (4) what are the relevant details of government guarantees utilised by the SAA including the details of the (a) persons and/or entities that have been given and/or issued with government guarantees as security by SAA, (b) services and/or supplies provided to SAA by persons and/or entities to whom government guarantees have been given and/or issued as security by SAA, (c) value of government guarantees given and/or issued by SAA to each person and/or entity and (d) period of and repayment date of government guarantees given and/or issued by SAA?

Reply:

According to the information received from SAA:

1. (a) The total monetary value of guarantees issued to SAA was R19.1 billion. As at 30 September 2022, R1.2 billion remain with SAA.

(b) A total of R377 million of government guarantees remain in use.

2. The guarantees were issued as follows:

Financial year

Purpose

R Billion

2006/07

Support to restore going concern

1,300

2009/10

Support to restore going concern

1,600

2012/13

Support to restore going concern

5,006

2014/15

Support to restore going concern

6.488

2016/17

Support to restore going concern

4,720

Total

 

19 114

 

3. (a) All the guarantees have not been withdrawn from SAA as the airline is in the process of replacing the guarantees currently pledged as security for contingent liabilities with its own cash.

(b) All guarantees will be withdrawn as soon as SAA has been able to find alternatives for replacing the guarantees pledged as security

4. SAA intends to settle the outstanding guaranteed obligation by end of March 2023.

 

Remarks: Reply: Approved / Not Approved

Jacky Molisane PJ. Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW4014

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Denner, Ms H to ask the Minister of Employment and Labour

(1)What (a) total number of (i) civil claims have been filed against the Compensation Fund since the start of the 2020-21 financial year and (ii) cases are currently not finalised and (b) is the total quantum of such cases; (2) what total amount did the Compensation Fund spend on legal costs to oppose the specified claims (a) in the (i) 2020-21 and (ii) 2021-22 financial years and (b) since 1 April 2022?

Reply:

1. (a) Cases

(i) The total number of civil claims cases received for the financial year 2020/2021 is 156

(ii) Total number of cases still not finalised is 124 for financial year 2020/2021

(b) The total contingency liability amount is R142 231 682,93.

2. (i) The total amount spent on legal costs for the financial year 2020/2021 is R11 562 528,55 which comprised R1 382 588,05 for legal costs relating to that cases specific to that financial year and the balance comprising shared split costs and prior years’ late claims by the Office of the State Attorney.

(ii) The total amount spent on legal costs for the financial year 2021/2022 is R10 528 779,18 which comprised R1 415 653,76 for legal costs relating to that cases specific to that financial year and the balance comprising shared split costs and prior years’ late claims by the Office of the State Attorney.

(b) The total amount spent on legal costs since April 2022 is R257 158,73.

24 November 2022 - NW3955

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Van Zyl, Ms A M to ask the Minister of Home Affairs

(1)What are the details, including addresses, of the Home Affairs offices situated in the municipal area of the Walter Sisulu Local Municipality; (2) whether the offices are fully staffed; if not, what (a) is the plan to staff the offices and (b) are the time frames of filling the vacant posts; (3) whether the internet works optimally at the offices; if not, why not; if so, what (a) is done when there is load shedding and (b) are his department’s plans to ensure that services are not interrupted by load shedding; (4) whether the phone lines are functional at the offices; if not, what are the time frames regarding the date it is envisaged that the phone lines will be fixed; (5) whether he has found that there are any other specified services that are not rendered and/or delivered at the offices; if not, what is the position in this regard; if so, what (a) plans are in place to ensure that the services will be delivered and (b) is the frequency of service of the mobile office to towns that are not serviced by offices?

Reply:

1. The Department of Home Affairs has two offices in the municipal area and they are Aliwal North, Local Office Medium situated at number 18 Hunt Street Aliwal North 9750 and Burgersdorp Local Office Small, No.31 Van Der Walt Street, Burgersdorp 9744,

2. Offices are not fully staffed and there is a capacitation programme currently underway to fund vacancies but all posts for office managers have been allocated funds. The Aliwal North office has appointed one Civic Service Supervisor who assumed duties as from the 1st September 2022. There is one vacant funded post of Civic Service Supervisor for Burgersdorp which emanated from the current recruitment process and will be filled soon.

3. The State Information Technology Agency (SITA) is making an investment to improve internet connectivity at DHA offices and both offices have generators that are used during load-shedding to ensure that services are not interrupted.

4. There are temporary telephone lines for Aliwal North Local Office Medium with the following numbers: 051 633 3317, 051 633 2118, 051 633 2883,051 633 2281 and they are functional. Permanent lines will be installed once Telkom is done with the migration to fibre-lines.

5. Inspectorate Services are not done at the Burgersdorp Local Office Small, due to the size of the office. At the Aliwal North Local Office Medium, recruitment for Immigration officials has started in phases. (a) The Immigration Officials of the Sterkspruit Local Office Medium, have an Itinerary that covers Senqu Local Municipality, and Walter Sisulu Local Municipality. (b)A monthly itinerary for the mobile units is drawn to service towns with no DHA footprint.

END

24 November 2022 - NW3188

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Mabika, Mr M to ask the Minister of Justice and Correctional Services

On what date did he last attend a meeting outside the structures of the Government to determine the deployment of personnel in public sector positions;

Reply:

  1. I have not attended a meeting outside of the Government to determine the deployment of personnel in public sector positions.
  1. Appointments in the Public Service are regulated by the Public Service Regulations (PSR) 2016, (57). In terms of regulation (65) of the PSR, vacancies in the public service must be advertised extensively, to reach an entire pool of potential applicants.

Regulation (67) of the PSR regulates the selection of a suitable candidate/s to an advertised post. Formal selection processes entail the shortlisting of candidates, where after formal interviews are undertaken to identify a suitable candidate to appoint. Regulation (67)(7) also makes provisions to headhunt a suitable candidate if the selection panel is unable to recommend a suitable candidate.

END

24 November 2022 - NW4141

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Roos, Mr AC to ask the Minister of Home Affairs

(1)Whether he will furnish Mr A C Roos with a list of the court cases in the 2022-23 financial year, in which his department has been instructed to amend regulations and/or legislation, that have not been done; if not, why not; if so, what are the relevant details; (2) whether he will furnish Mr A C Roos with a list of the (a) deadlines given by the court to effect the order for each case and (b) actions taken to satisfy the requirements of the court order in each case; if not, why not; if so, what are the relevant details?

Reply:

1. During 2022-2023 financial year the Department was instructed to amend certain sections of the Immigration Act, 13 of 2022 on the matter of Tereza Rayment & 5 others v The Minister of Home Affairs: court case No. 3919/20, as summarised hereunder:

The Applicants sought to declare the Immigration Act, 13 of 2002, unconstitutional based on Sections 10(6), 11(6), 18(2) and 43, and Regulation 17 thereof. The Western Cape High Court held that Sections 10(6), 11(1)(b) and 18(2), read with Regulation 9(5) and 9(9) are inconsistent with the Constitution of the Republic of South Africa. That declaration of invalidity was suspended for 24 months from the date of the order, to enable Parliament to remedy the inconsistency.

The Western Cape High Court ordered that the Department must consider granting the Applicants authorization to remain in the RSA in terms of Section 32(1), pending the outcome of such applications. Costs were ordered to be paid by the Department, including the costs of two Counsel.

Both the Applicants and the Department were not satisfied with the order and therefore appealed, and cross appealed respectively, resulting in the stay of the court order and thus it cannot be implemented.

2. The above-mentioned court application is the only court case during the 2022-23 financial year wherein the Western Cape High Court instructed the Department to amend its regulations and/or legislation. As mentioned above, the court order has been stayed due to the pending appeal processes.

END

 

24 November 2022 - NW3594

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Public Enterprises

(a) Who appointed a certain person as the company secretary of Alexkor, (b) was the specified position advertised, (c) who else was interviewed, (d) what total number of persons applied for the job or was the person appointed through the influence of the cadre deployment machinations of the ANC’s deployment committee and (e) is the specified person an employee of Alexkor?

Reply:

According to information received from Alexkor:

a) The former CEO appointed Messina Inc Attorneys to render company secretarial services on a month to month basis with effect from 1 October 2020. The certain Person is a Director and a representative of Messina Inc Attorneys and is responsible for rendering the company secretarial services.

b) There was no position advertised.

c) There were no interviews.

d) There was no job advertised and the certain person is a representative of Messina Inc Attorneys being the entity appointed as Company Secretary. I am informed that the certain person carries out his duties diligently. The certain person is not deployed through cadre deployment machinations of the ANCs deployment committee or any political party’s cadre deployment.

e) The certain person is not an employee of Alexkor.

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW3875

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Public Enterprises

Considering that before December 2021 three companies, namely Actom, Steinmuller Africa and Babcock Ntuthuko Engineering, were all contracted to perform specialist engineering services at different Eskom power stations, how does Eskom now justify eliminating a key original equipment manufacturer, Babcock Ntuthuko Engineering, from a tender process when the specified company was servicing the power stations and performing well; (2) given the skills shortage and/or loss on the Eskom side, how does Eskom justify losing years of experience and expertise from a key original equipment manufacturer that has maintained the units, both from a construction and engineering aspect; (3) what is the reason that Eskom did not accept the tender from Babcock Ntuthuko Engineering, specifically in light of the critical urgency to ensure proper and skilled maintenance on the power plants?

Reply:

According to information received from Eskom:

  1. The process to procure the boiler maintenance services went through the competitive open tender process and the successful bidders’ contracts started in January 2022. Babcock Ntuthuko was disqualified technically. The two service providers awarded the contract have proven that they have the capacity and capability to render the required scope of work.
  2. The procurement of goods by Eskom is done and should always be done in a manner that is equitable, fair, transparent, cost-effective and competitive. It was not a requirement to award the tender to Original Equipment Manufacturers (OEMs), however, Actom and Steinmuller are in fact the OEMs on certain power stations. However, that did not influence the tender evaluation outcome or award.
  3. Babcock Ntuthuko’s tender was not accepted due to its failure to meet one of the mandatory technical requirements. The supplier failed to submit the mandatory technical requirements. The supplier failed to submit the mandatory certification of ISO 3834 which was required and mandatory for technical evaluation.

It should be further noted that Eskom is committed to utilising experienced skills when it comes to working on the units, but where bidders in a procurement process do not meet the mandatory requirements, Eskom cannot accept those bids.

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW3892

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Buthelezi, Mr EM to ask the Minister of Public Enterprises

Considering the breakdown of a generating unit each at (a) Duvha, (b) Kriel and (c) Medupi Power Stations, and noting that delayed returns of a generating unit each at (d) Camden, (e) Kusile, (f) Komati and (g) Kendal Power Stations have worsened the current generation capacity shortages, (i) what maintenance plans does Eskom have in place for generating units and (ii) have the specified plans regularly been updated, in view of the frequent breakdowns of generating units?

Reply:

According to Information Received from Eskom:

(i) and (ii)

Generation has a capacity plan. This capacity plan identifies all “off-load” maintenance scheduled for each unit in the fleet. This plan is very detailed for the first year, but also identifies the maintenance space required for the following year. The plan is linked to required budgets as well as the required space on the system to allow the unit to be shut down for the maintenance. Planned maintenance requires a 24-month planning period to ensure that spares and services are available for the outages.

This capacity plan gets revised regularly and updated according to the evolving environment. The challenge with executing this plan is determined by the availability of the timely release of funding, the available space on the system to allow maintenance to occur, as well as the “readiness” of the unit to execute the planned maintenance.

Securing the required funding for planned maintenance has been a challenge for FY2022, FY2023 and FY2024. This results in the late release of funding to sites hence their ability to plan outages is compromised. The uncertainty of funding also affects the amount of maintenance that can be planned. For example, lack of funds requires the prioritisation of safety maintenance while reliability maintenance has to be reduced, which is not ideal.

The compromised planning also impacts the sites’ ability to carry out maintenance in the required time and according to the required schedules, this leads to slips on return dates.

The unpredictability of the current fleet means that unplanned failures take up space on the already constrained system. This then results in the deferment of planned outages. In essence, the current unpredictability of plants compromises the current capacity plan from materialising as intended.

 

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW2455

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Herron, Mr BN to ask the Minister of Justice and Correctional Services

Whether, with reference to the reply of the Minister of Police to question 2141 on 17 June 2022 regarding the investigations and prosecutions arising out of the Truth and Reconciliation Commission, wherein he states that 100 cases were referred to the Directorate for Priority Crime Investigation (DPCI), what is position to the other 200 cases of apartheid-era atrocities, where no amnesty was applied for and/or granted, that were recommended by the TRC for investigation and/or prosecution; (2) What criteria was determined by the National Prosecuting Authority for selecting and/or prioritising, the 100 out of the 300 for the DPCI for investigation?

Reply:

1. According to the National Prosecuting Authority (NPA) statistics, prior to September 2021, a total of 59 Truth and Reconciliation Commission (TRC) cases were under investigation by the Directorate Priority Crime Investigation (DPCI). The Priority Crimes Litigation Unit (PCLU) oversaw the investigations at a national level until they were migrated to the respective provinces in April 2019. After a careful analysis, a further 55 cases were thereafter identified for re-opening.. These cases pertained to the deaths in detention where detainees, detained mainly under security legislation, died under circumstances which necessitated further investigation. These matters were identified on the available information at that stage. The process to review the TRC Recommendations is ongoing and relevant is extracted from the multiple volumes of the Final TRC Report.

Since September 2021 to July 2022, a total of 64 new matters have been referred to the DPCI for investigation.

2. The criteria currently used is to first establish if the charge/s against person/s have not prescribed. Once it has been ascertained that the matter was referred by the TRC, and the charges have not prescribed, then the matter is referred for re-opening to DPCI for the allocation of an investigator. After an investigator is appointed, the matter is referred to the office of the relevant Director of Public Prosecutions (DPP) where a dedicated TRC prosecutor is assigned the matter for prosecution guided investigation to take place.

END

24 November 2022 - NW4128

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Singh, Mr N to ask the Minister of Home Affairs

With regard to the dismissal of a certain employee (name furnished) who has since passed on, which was later found to be substantively and procedurally unfair by an arbitrator, what (a) has been the progress with regard to the arbitrator’s award of R232 916,67 to the specified employee’s family and (b) measures has his department actioned to ensure that their disciplinary and consequence management processes are fair to their employees?

Reply:

a) The Department does not have any outstanding arbitration award to the amount of R 232 916.67 that is due to Mr Moodley’s family.

The Department received an arbitration award dated 27 July 2010, in respect of Manickum Moodley which ordered that: -

  1. Mr Moodley be paid a sum of R232 916.67 in outstanding salary for the period May 2009 to May 2010;
  2. The first payment to the amount of R154 028.60 was paid to Mr Moodley on 31 March 2011;
  3. The second payment to the amount of R288 061.50 was paid to Mr Moodley on 14 April 2011;
  4. Mr Moodley was paid a total amount of R442 090.10 which was outstanding salary payments.

b) The Department applies the Disciplinary Code and Procedures for the Public Service which is premised on the principles of prompt, fair and consistent, amongst others.

 

END

24 November 2022 - NW3546

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Van Dyk, Ms V to ask the Minister of Public Enterprises

(1)(a) On what date was Messina Attorneys appointed as a service provider for Alexkor and (b) what was the duration of the contract; (2) whether Messina Attorneys’ contract was renewed and/or extended; if not, what is the position in this regard; if so, (3) whether it was done in terms of the (a) Public Finance Management Act, Act 1 of 1999, and (b) National Treasury regulations; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

According to information received from Alexkor:

1. The interim CEO is reviewing all contracts approved by his predecessor, including the appointment of Messina Inc Attorneys. Until such time as all contracts have been reviewed and/or new procurement processes have been initiated, existing contracts have not been terminated provided that the service rendered meets requirements. The reality is that Messina Inc Attorneys represent Alexkor in all pending legal cases and handing over to a new legal service provider would be financially imprudent. Messina Inc Attorneys were appointed after participating in a tender for legal services in 2014. This tender was cancelled. The same tender was readvertised in 2015 and the procurement process was finalized in 2016. A Service Level Agreement was signed with a duration of 3 years terminating on 31 March 2020.

2. The former CEO of Alexkor extended the contract in 2020 for a period of one (1) year, terminating on 1 April 2021 and continued to use the services of Messina Inc Attorneys after this date and on the same terms and conditions as contained in the main service level agreement. This is still the case pending the review of all contracts.

3. The initial appointment of Messina Inc Attorneys was compliant with the Public Finance Management Act and Treasury Regulations.

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW3736

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Maotwe, Ms OMC to ask the Minister of Public Enterprises

By what date will Eskom be paying workers the Commission for Conciliation, Mediation and Arbitration award of 29 September? NWAQ46F21E

Reply:

According to Information Received from Eskom:

Payment will be processed with the December 2022 payroll and the payment date is 21 December 2022.

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW3840

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Essack, Mr F to ask the Minister of Public Enterprises

Whether, in light of the fact that the unprotected strike by workers at Transnet has severely impacted the mining and agricultural export industries, with estimates indicating that the loss may run into billions of rand, the Government will consider substantially increasing by up to 50% third party access to the Transnet rail network operations to protect the economy from future disruptions caused by illegal labour action; if not, why not; if so, what are the relevant details?

Reply:

According to the information received from Transnet

Normal weekly average volumes for Agriculture and Mining are 12 611 tons and 2 622 737 tons respectively. Over the strike period, the weekly average volumes for Agriculture stood at 10 033 tons, and 1 901 034 tons for Mining.

Third party access by itself is incapable of remedying industry or sector level employee strikes or protests. South African Labour Relations are governed by the Labour Relations Act, Basic Conditions of Employment Act and other related laws, policies and agreements concluded in formal bargaining structures.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

24 November 2022 - NW4217

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Home Affairs

Whether he will furnish the Leader of the Opposition with a list of all South Africans who are in possession of a diplomatic passport; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Honourable Member is herewith informed that Diplomatic passports are issued according to the South African Diplomatic Passport Policy and that the Department of Home Affairs is not the custodian of this policy, and similarly not responsible for the application(s) as well as the issuance of this category of passports whatsoever. Hence it is requested that any information relating to Diplomatic Passports should be addressed to the Department of International Relations and Co-operation (DIRCO).

END

24 November 2022 - NW3790

Profile picture: Buthelezi, Mr EM

Buthelezi, Mr EM to ask the Minister of Public Enterprises

Whether he will furnish Mr E M Buthelezi with an update on the (a) steps that his department has taken to ensure that (i) ports and (ii) railroads remain operational during the strike at Transnet and (b) closed Northern Corridor between Durban and Tongaat; if not, why not, in each case; if so, what are the relevant details in each case?

Reply:

According to the information received from Transnet

(a)(i) Ports

At the onset of the strike, Command Centers were invoked at all operating divisions of Transnet SOC Ltd to ensure that company assets were secured; non-striking employees were protected; and contingency plans were implemented to reduce operational disruptions. While the marine operations of Transnet National Ports Authority were not affected by the strike due to their essential service designation, the Transnet Port Terminal operations were impacted as they do not form part of essential services at the ports. Other measures introduced included the following:

  • Employees who were not striking were used as a contingency.
  • The Bulk and Breakbulk Terminals were not severely affected. Customer resources were utilised to continue operating in these sectors, together with some employees who were not on strike.
  • The Auto Terminals were operating by utilising the existing third-party contracts.

A recovery plan has been implemented and is on track.

(ii)(b) Railroads

The North Corridor does not have a rail line between Durban and Tongaat.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

24 November 2022 - NW2883

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Zungula, Mr V to ask the Minister of Justice and Correctional Services

In light of the extension requested by Chief Justice R M M Zondo in completion of the report of The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State better known as the Zondo Commission, what financial allowances and claims has the Chief Justice made during the extended period as Chair of the Zondo Commission?

Reply:

The Chief Justice R M M Zondo has not made any claims or been paid any allowances during the extended period of the Judicial Commission of Inquiry into Allegations of State Capture.

24 November 2022 - NW3878

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Boshoff, Dr WJ to ask the Minister of Public Enterprises

Whether, with reference to Medupi’s ash dump outside Lephalale, he will furnish Dr W J Boshoff with reasons for the dumping of ash at the current location, when the preparations for an ash dump was made right next to the new power station; if not, why not, why not; if so, what are the relevant details; (2) Whether the dump site next to the new power station is also in operation; if not, why not; if so, (a) what are the reasons that the location at the old dump site is also in use and (b) apart from the two dump sites, are there any alternative sites for dumping the ash; (3) Whether he relies on any provisions of waste management legislation for the location of the current ash dump that is creating the pollution; if not, (a) which legislative provisions does he rely on and (b) was an environmental impact study done on this site; if so, what are the reasons that no preparations were made at the specified site to stop the pollution from spreading into the surrounding area and town; (4) Whether the World Bank set any prerequisites and/or conditions for the loan to build the new power station; if not, what is the position in this regard; if so, what are the relevant details of the specified prerequisites and/or conditions being (a) met and (b) contravened?

Reply:

According to Information Received from Eskom:

1. The current location of Medupi Power Station’s North Ash Disposal Facility (ADF) is located at Farm Eenzaamheid 687 LQ which is adjacent to the power station (on the western side). The location was assessed as part of the Environmental Impact Assessment (EIA) studies undertaken in 2005 (DFFE Ref. No. 12/12/20/695) as well as

during additional EIA studies. Medupi Power Station (PS) only has one operational ash disposal facility.

(2)(a) Medupi’s ADF, on the western side of the power station, is in operation. It should be noted that construction and operation of the Medupi PS ADF is done in phases. Currently, Medupi is operating part of the zero for four-year ADF while they are busy with the construction of the remaining phases.

At Medupi PS there is only one ADF and ash arising from the power station is not disposed of at the old dump site as referred. It is assumed that the old dump site referred to is the Matimba PS ADF which is not linked to the operation of Medupi PS, but instead services Matimba PS.

(b) For future ashing requirements, alternative sites will be assessed following an EIA study. Various options are being considered for the future disposal of waste such as ash off-takers, but these are still being developed.

(3)(a) The current ash disposal for Medupi PS triggers waste management activities listed under Government Notice No. 921 dated 2013 as amended. In addition, other applicable legislation includes section 21 of the National Water Act, 1998 as amended. It should be noted that one needs to undertake the EIA studies set out in the Environmental Impact Assessment Regulations under section 24 of the National Environmental Act, 1998 as amended, when applying for a waste management license and/or water use license.

The EIA studies were undertaken, and dust management controls were considered as part of the preparations.

Below please find an update reflecting the current status of Medupi Power Station:

(b) Waste Management Licence No. (12/9/11/L21/0323092918/5/R) and National Dust Control Regulations No. 36974 GOVERNMENT GAZETTE, 1 November 2013 are the main legislations that govern fugitive dust management at the Ash Disposal Facility (ADF). Environmental impact studies were conducted during the EIA phase of the project and a waste management licence is available for the ADF.

Medupi PS has installed and commissioned an Ash Dump Irrigation (ADI) system with sprinklers to suppress the fugitive dust at the ADF. Effluent water from the station’s pollution control dams is used for dust suppression. Water tankers are also used to suppress dust at active areas, including access roads to the ADF.

Medupi PS has established a monitoring network for fugitive dust management to measure the dust fallout in line with the National Dust Control Regulation. Medupi PS fugitive dust fallout is measured against the non-residential limit of 600 < D > 1,200 Dust fall rate (D) (mg/m2/day), 30-day average based on the station’s location.

Long-term plans are under development in terms of rehabilitation of the ADF as the ashing disposal is completed per phase. These will also need to follow environmental approval processes before execution. Currently, the rehabilitation designs for the first phase are completed.

(4) On 16 April 2010, Eskom and the World Bank (WB) concluded a loan facility, with a total WB financing of US$3.75 billion. In the loan agreement, Eskom made a commitment to develop, adopt and thereafter implement a programme to install Flue Gas Desulphurisation (FGD) technology in each of the six power generation units at the Medupi power plant.

Due to delays at Medupi, the World Bank approved Eskom’s request to amend the deadline for the Medupi FGD to 30 June 2027. Eskom is thus currently not in breach of the loan agreements; however, it is unlikely that Eskom will be able to install FGD at all Medupi units by the 2027 deadline. Eskom submits bi-annual progress reports on the Medupi FGD to the World Bank.

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW3582

Profile picture: Buthelezi, Mr EM

Buthelezi, Mr EM to ask the Minister of Public Enterprises

Whether he will furnish Mr E M Buthelezi with an update on the (a) Rheinmetall Denel Munition (RDM) and (b) projects that (i) are in progress and/or (ii) have been rolled out by the RDM; if not, why not, in each case; if so, what are the relevant details in each case?

Reply:

According to the information from Denel

(a) Rheinmetall Denel Munition RF Pty. Ltd (RDM) is a joint venture between the German Rheinmetall Waffe Munition GmbH (51%) and the South African State-Owned Company, Denel. The JV was completed in 2008. RDM is producing and selling ammunition of various calibres. RDM employs a total of 2,500 people across its four sites (2 in Western Cape, 1 in Gauteng and 1 in North West) and conducts business with more than 1,500 suppliers in South Africa. Over 90% of RDM’s turnover is generated from international clients, especially in the Middle East / Northern Africa (MENA), Asian and Europe. RDM’s dependency on international clients underlines its dependency of the timely approval of contracting and export permits from the South African National Conventional Arms Control Committee (NCACC).

(b) RDM operates in a sensitive defence/military environment. Customers insist on tight non-disclosure requirements as part of contractual obligations. All other mandatory regulatory disclosures related to contracting for export and import of controlled items are made to the NCACC.

(i) Since the inception of the Joint Venture in 2008, the company invested R1.5 billion in the development of new technologies, R1.0 billion in infrastructure and facilities as well as more over R500 million in social responsibility, skills development, and supplier development.

(ii) RDM’s goal is to be carbon neutral by 2035. In this regard, RDM is in the process of constructing the first solar PV farm at the Somerset West site and the same model will be replicated across all RDM sites in South Africa.

RDM has started to endeavour in technology developments in the field of alternative green energy solutions, specifically solar and green hydrogen. On green hydrogen, RDM has developed several applications and wants to position itself as a partner for hydrogen supply globally. RDM is also developing solutions for fixed and mobile hydrogen power, and storage solutions for industrial use. RDM unveiled its green hydrogen plans at the 2022 Africa Aerospace and Defence exhibition.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister

Date: Date

24 November 2022 - NW3301

Profile picture: Masipa, Mr NP

Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development

In light of the fact that The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, has now confirmed that the funds that were supposed to have been used to support the beneficiaries of the Vrede Dairy Farm project was channelled towards the Gupta wedding, (a) what steps have been taken against the implicated officials in her department of agriculture in the Free State and (b) has her department instituted any actions to recover the funds that went to the Gupta wedding instead of supporting the beneficiaries of the specified project?

Reply:

a) None. The Vrede Dairy project was funded from two streams of funding which is the Equitable Share and R50 million was approved from the Comprehensive Agriculture Support Programme (CASP) to co-fund with the province and the private investors. R20 million of the R50 million of CASP funds was spent on infrastructure development and the CASP funds were confirmed to have been spent on the ‘cow hotel’ which is the facility that houses the cows and the milking parlour; the dam; erection of the border fence; access roads to the farm; the processing facility and the purchase of 300 Friesland cows.

When the Mail and Guardian published stories around corruption related to the Vrede Dairy Farm, a national delegation led by the delegated transferring officer which included the DALRRD dairy specialist, the Chief Economist and the Chief Director: Food Security visited the farm to confirm if everything as was presented and approved by DALRRD, was in place. The team confirmed the infrastructure against the funds spent, but was unhappy about the sequencing of activities which went against South African regulations and technical standards and therefore recommended that the funds be stopped until the province had complied. The CASP conditional grants were stopped and the remaining R30 million was then approved for diversion to other CASP projects in the Free State. The province never requested further funding for the Vrede Dairy Project from CASP. Therefore, DALRRD had no further dealings with the Vrede Dairy Project until we were requested to indicate why we had stopped our funding to the project. The implicated officials are in the employ of the Free State Department of Agriculture and the implicated CFO and Head of the Department have since left the Free State Department of Agriculture.

b) No. As stated in (a) above, the R20 million CASP fund was accounted for on the infrastructure and the cows purchased. The remaining allocation to the project was stopped and diverted to other projects because DALRD was not satisfied about the sequencing of activities as well as compliances to South African regulations and technical standards.

24 November 2022 - NW4067

Profile picture: Roos, Mr AC

Roos, Mr AC to ask the Minister of Home Affairs

What was the total amount of (a) legal fees that was spent on defending legal actions against his department, (b) cost orders that were made against his department and (c) contingent liabilities against his department in the 2021-22 financial year in each case?

Reply:

a) Hereunder please find a list of argued matters in court and the amount spent on legal costs.

NB: Please note that where amounts are not stated it is because the Department is awaiting invoices of payments from the Department of Justice (State Attorney). The Department of Justice is responsible for payments on behalf of Client-Departments and the Departments in turn, reimburse the offices of the State Attorney.

YEAR 2021 LOST MATTERS

 

NAMES

CATEGORY

REASON FOR THE APPLICATION

TOTAL AMOUNT

1

Dembello Markos

Immigration/ urgent

Release from detention

R209 052.95

2

Mbrik Barsodo Shafe

Immigration

Release from detention

R16 618.77

3

Alert Ndlovu

Immigration

Release from detention

R34 848.00

4

Chand Uzzal Mondol

Immigration/ urgent

Release from detention

R27 200.00

5

Dwatat Ashenut

Immigration/ urgent

Release from detention

R1 615.98

6

Deroke Ashuro Abacho

Immigration

Release from detention

R76 525.72

7

Khaled Abdelmoniem Foud

Immigration/ urgent

Release from detention

Awaiting invoice from Justice

8

Hassim Allamin

Immigration

Release from detention

Awaiting invoice from Justice

9

Faruk Omar

Immigration/ urgent

Release from detention

R173 119.97

10

S Ntukwana

Labour relations Act

Re-instatement

R53 100.00

11

Herbert Mfabi & & Musana Luzake

Immigration/ urgent

Release from detention

R27 200.00

12

Kamal Adissa Agbe Akinotcho

Immigration Act/urgent

Release from detention

R2 519.72

13

Manedo Ayano

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

14

Lamboroko Berekete

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

15

Ababa Joseph

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

16

fayez Mohammed

Immigration Act/Urgent

Release from detention

R27 744.00

17

Kotiso Tsagae

Immigration Act/urgent

Release from detention

R35 700.00

18

Amin Abukar and 5 others

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R70 000.00

19

Fayeza Nuraden

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R47 775.00

20

Douglas chidi Obere ofenedu

Immigration Act/urgent

Interdict deportation and release to apply for asylum

Awaiting invoice from Justice

21

Rashid Adam

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R10 500.00

22

Centre For Child Law // Minister of Home Affairs and others

Births and Deaths Registration Act 51 of 1992

constitutionality of section 10— section is unconstitutional

R122 560.00

23

mezene Tedessa Someno

Immigration Act/urgent

Interdict deportation and release to apply for asylum

R89 182.50

24

Mohlakore Matsaba

Immigration Act/Citizenship, urgent

Interdict deportation

R33 480.00

25

Dutimo Bakala

Immigration Act/ urgent

Interdict deportation

R82 100.49

26

Tugugn Tedesse Achamo

Immigration Act/ urgent

Interdict deportation

R25 561.45

27

Birhu Kibamo &Tesfaye John

Immigration Act/ Urgent

Interdict deportation

R19 200.00

28

Detamo Wondmagan

Immigration Act/urgent

Urgent application

R106 261.55

29

Hussen Mohammed

Immigration Act/ urgent

Urgent application

R102 395.07

30

Getachew Tirore Watango

Immigration Act/ urgent

Urgent application

Awaiting invoice from Justice

31

Abeni Girma Teloro

Immigration Act/ urgent

Urgent application

Awaiting invoice from Justice

32

Kanora Gabese Gabore

Immigration Act/ urgent

Urgent application

R341 250.00

33

Fhatuwani Sibanda

Citizenship Act/ Immigration Act

Urgent application

R123 395.00

34

kabula Ilunga

Immigration Act/ urgent

Urgent application

R19 550.00

35

Maria Belvedere Florencia

Labour relations Act

Labour Matter

R87 200.00

36

Ramadhani Rajabu

Immigration Act/urgent

Urgent application

R40 341.19

37

Kamorudeen Tunde Isiaq

Immigration Act/urgent

Urgent application

R34 200.00

38

Salamu Muramo Rejabo

Immigration Act/urgent

Urgent application

R11 400.00

39

Dutimo Bakala

Immigration Act/ urgent

Interdict deportation

R82 100.49

40

Echozona Lawrence Nnalue

Immigration Act /Urgent

Interdict deportation

R23 015.00

41

Bebeyi Sheye Niyi

Immigration Act /Urgent

Release from detention

R18 050.00

42

Daniel Amelate

Immigration Act/urgent

interdict deportations

R116 700.00

43

Desta Abore

Immigration

Release from detention

R97 490.00

44

Noyonkuru Elie

Immigration Act/urgent

Release from detention

R12 810.00

45

Irutabantu Destiny

Immigration Act/urgent

Release from detention

R12 870.00

 

TOTAL

   

R2 259 328.85

YEAR 2022 LOST MATTERS

1

Genamo Solomon

Immigration Act/Urgent

Release from detention

Awaiting invoice from Justice

2

Claire Breukel and Elisa Sofia Sain Serrano// minister of home affairs and others

Immigration Act/urgent

interdict/ POE

R373 235.00

3

Denise Charlotte Hausermann Gordon-Kind

Immigration Act /prohibition sec 29(2)

prohibition sec 29(2) review

R53 586.89

4

Ziaul Hoque&4 others vs Minister of home affairs and one other

Immigration Act

Setting aside decision on PR applications

R25 200.00

5

Hossan Mohammad Delawar

Immigration Act/refugee Act

Interdict against deportation

Awaiting invoice from Justice

6

Ursula Jenny Dinah Jantjies and Vili Krasimmirov Georgiev

Amendments

Ordering department to amend the details of applicant on Birth register

R53 000.00

 

TOTAL

   

R532 021.89

(b) The Department has incurred R27 071 037.81 in cost orders for the financial year 2021/2022. This composes of settled matters, mandamus applications, costs ordered by the courts, etc.

The Department has incurred R10 951 153.39 in cost orders from 1 April 2022 to date.

(c) The total amount of contingent liabilities for financial year 2021/2022 is R 2 107 068 000.00

END

 

24 November 2022 - NW3891

Profile picture: Groenewald, Dr PJ

Groenewald, Dr PJ to ask the Minister of Public Enterprises

Whether, in view of his statement at the Financial Times Africa Summit in October 2022 that electricity is a public good, as justification for the reason that the State should remain in control of providing electricity through Eskom, his department has considered forming strategic partnerships with other governmental departments and/or private entities, given Eskom’s growing financial predicament and the increased escalation of load shedding stages; if not, why not; if so, what are the relevant details?

Reply:

Electricity plays a key role in the economic development of the country. Electricity affects both the rich and the poor communities. Eskom played a critical role and will continue to provide a public good in the form of electricity. It must be emphasized that, the entity provided the good during the time that private sector could not take the risk of providing the public good. The electricity industry has matured hence the private sector is willing to enter the market and provide competition which will bring about efficiencies and improve service provision. The increase in competition in the energy industry necessitated the restructuring of Eskom to enable the entity to efficiently operate in the energy industry. The incorporation of the Transmission Subsidiary will play a key role in the transmission of electricity. Partnerships between the public, and private sectors is needed for provision of electricity. The Department is engaging with Department of Mineral Resources and Energy (DMRE) and National Treasury through the Intergovernmental Steering Committee that provide oversight to Eskom restructuring.

The development finance institutions are critical for financing electrical infrastructure in the country. The private sector has invested heavily on the Eskom transmission network. The embedded generators are allowed to sell the excess electricity to Eskom. The private sector has played an important role in the provision of electricity through the Renewable Energy Independent Power Producer Power Programme bid windows. Eskom is procuring additional capacity from Independent Power Producers (IPPs) to improve maintenance to improve Energy Availability Factor (EAF) to reduce loadshedding in the country.

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

24 November 2022 - NW3747

Profile picture: Langa, Mr TM

Langa, Mr TM to ask the Minister of Public Enterprises

Considering that organised labour declared a dispute with Transnet over wage negotiations, what measures of intervention has he taken to resolve the situation and assist Transnet and the workers to find each other?

Reply:

According to the information received from Transnet

The governance process for wage negotiations at Transnet provides for an internal process led by the Board of Directors. As such, the Minister of Public Enterprises’ role is that of guidance and mediation.

The mandate for the quantum of the increase is given by the Transnet Board of Directors based on recommendations from the Group Executive and Remuneration, Social and Ethics Committees before wage negotiations commence. The Chief of People Management and Learning is then empowered to negotiate with the recognised unions SATAWU and UNTU within the confines of the mandate given.

When industrial action commenced, Minister Gordhan convened daily meetings with the Transnet Board, Group Executive Committee as well as the private sector, which was represented by various industry associations. The purpose of the meetings was to update industry on operations at Transnet.

Honourable Ministers Thoko Didiza, Thulas Nxesi and Pravin Gordhan met with the leadership of SATAWU and UNTU on 12 October 2022. The Ministers used the meeting to engage with union leaders on the demands tabled by their members and to urge that all parties find a solution to the deadlock.

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

 

23 November 2022 - NW4352

Profile picture: Nodada, Mr BB

Nodada, Mr BB to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       What number of (a) learners make use of learner transport, (b) established transport routes are used by learner transports and (c) learner transport programmes are subsidised by her department (i) nationally and (ii) in each province in each case; (2) whether there are public-private partnerships to fund learner transport programmes and/or routes (a) nationally and (b) in each province; if not, what is the position in this regard; if so, what do the specified partnerships entail?

Reply:

1. Learner Transport Programme is a shared responsibility between the Department of Basic Education and the Department of Transport. The provisioning of learner transport programme is a provincial competency and the National Departments of Basic Education and Transport monitor the provisioning of learner transport programme in provinces.

Province

 (a) Number of Learners

(b) Learner Transport Routes

 (c ) subsidized by her department

 

       

 

EC

125071

1608

Learner Transport programme is funded through the equitable share allocations to provinces and not subsidized by DBE

 

FS

9524

397

 

 

GP

190857

677

 

 

KZN

73933

672

 

 

LP

57636

399

 

 

MP

69725

524

 

 

NC

25878

408

 

 

NW

64450

671

 

 

WC

64843

566

 

 

TOTAL

681917

5922

 

 

2. There are no Public Private Partnerships as the Learner Transport programme is funded through the equitable share allocations to provinces.

23 November 2022 - NW4012

Profile picture: Ngcobo, Mr S

Ngcobo, Mr S to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities

Whether she intends to implement any measures to advocate for funding of nongovernmental organisations working in the disability sector; if not, why not; if so, what are the relevant details of the (a) engagements and (b) outcomes thereof?

Reply:

Yes, the department intends to advocate continually for funding of non-governmental organisations working in the disability sector.The Disability organisations are an important stakeholder and the department collaborates with the sector. Government departments through different initiatives do fund sector specific programs.

The Department of Women , Youth and Persons with disabilities in its work to advocate and mainstream for disability inclusion continually works and assists departments to establish and strengthen sector specific Disability Forums in line with department’s stakeholder management strategy. The Organisations of and for persons with disability are an important stakeholder for each and every department in planning and implementation of programs of and for persons with Disabilities.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

23 November 2022 - NW4408

Profile picture: Engelbrecht, Mr J

Engelbrecht, Mr J to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities

What is the (a) total number of staff employed and/or provided as departmental support in (i) her and (ii) the Deputy Minister’s private offices and (b)(i) job title and (ii) annual remuneration package of each specified person?

Reply:

a) (i) 13.

(ii) None, following the passing of the late Deputy Minister.

b) (i)

(ii)

Chief of Staff

level 14

Administrative Support and Coordination

level 13

Parliamentary and Cabinet Officer

level 13

Community Outreach Officer

level 11

Parliamentary and Cabinet Support

level 11

Media Liaison Official

level 10

Speech Writer

level 10

Assistant Appointment and Administrative Secretary

level 9

Registry Clerk

level 7

Secretary/Receptionist

level 7

Driver/Messenger

level 5

Household Aide

level 5

Food Services Aide

level 3

b) (ii) In terms of the Protection of Personal Information Act, individual remuneration packages for each specified person cannot be disclosed. Accordingly, their salary levels are rather indicated.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date _____________________

23 November 2022 - NW4221

Profile picture: Boshoff, Dr WJ

Boshoff, Dr WJ to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       Whether, with reference to the reply to question 3782 on 2 November 2022, she will furnish Dr W J Boshoff with the names of all the like-minded civil society organisations and interest groups that are part and have formed the Social Inclusion in Education Working Group since its establishment; if not, why not; if so, what are the relevant details (2) (a) how were the groups brought together and (b) were they brought together by her department; (3) whether there is a possibility that civil society organisations representing family values can form a working group with her department; if not, what is the position in this regard; if so, will she and her department support such organisations and consider their counsel?

Reply:

(1) The list of the like-minded civil society and interest groups that are part of the Social Inclusion in Education Working Group is enclosed.

(2) (a) Although the intention of the working group is to address all social inclusion matters, when it was established, it sought to address in the meantime the burning issue of socio-educational inclusion of diverse sexual orientation, gender identitiy, expression and sex characteristics.  Due to limited capacity internally at the Department of Basic Education (DBE), it was important to reach out to civil society organisations that work daily at the coalface of similar issues at school and community level, to ensure an efficient, effective, relevant and appropriate education sector response. Establishing a working group is recommended to maintain stakeholder relations.

(b) Yes

(3) The DBE has previously attempted to incorporate civil society organisations representing family values in the working group. However, this approach to group composition proved to be a challenge due to extreme differences in opinion. As such, the DBE has opted to openly engage with civil society organisations representing family values separately, as their voice is valuable and essential in addressing discrimination and oppression of children from a family values perspective.  These engagements have already begun.

23 November 2022 - NW4306

Profile picture: Boshoff, Dr WJ

Boshoff, Dr WJ to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       Whether, with reference to her reply to question 2522 on 10 October 2022, the guidelines for Sexual Orientation, Gender Identity and Expression and Sex Characteristics that her department is consulting on, would enable an inclusive and safe learning environment for all learners; if not, why not; if so, what are the relevant details; (2) what are the practical considerations for implementation to ensure that the culture and rights of all learners are protected and respected; (3) whether she has any concerns about the specified guidelines and/or their implementation; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

(1) Yes

(2) Due consideration has been given to the Constitution of the Republic of South Africa as the supreme law of the State, which prohibits violation of rights of all citizens.

(3) Human rights compliant education practice is an ongoing discourse; and the concern is that educators may not all be technically ready to implement the guidelines once published.  Therefore, the Department of Basic Education is working with the South African Human Rights Commission (SAHRC), South African Council for Education (SACE), Equal Education Law Centre (EELC), and the Commission on Gender Equality to ensure proper sensitisation of educators and school communities to circumvent this concern.

23 November 2022 - NW4142

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister in the Presidency for Women, Youth and Persons with Disabilities

What steps will she take to ensure that the target of 3% set by the Minister of Employment and Labour in the past 15 years for the employment of persons with disabilities within the civil service is reached forthwith as persons with disabilities make up almost 7% of our population in the Republic?

Reply:

The monitoring mandate of the Department is a function concerned with tracking and reporting on progress and regress on targets as well as providing technical support on the development of National and Provincial Strategic Plans and Annual Performance Plans. These are key enablers to systemic changes to mainstream disability considerations.

There are currently engagements between the Department of Public Service and Administration, Department of Employment and Labour as well as the Department of Women, Youth and Persons with Disabilities regarding the employment equity targeting.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

23 November 2022 - NW4096

Profile picture: Motsepe, Ms CCS

Motsepe, Ms CCS to ask the Minister of Basic Education to ask the Minister of Basic Education

What provisions have been made to curb the rising levels of violence at schools without overly securitising schools?

Reply:

1. National School Safety Framework

The Department has trained schools on the implementation of the National School Safety Framework (NSSF) which is a guiding framework in addressing all forms of violent incidences in schools including gangsterism. The NSSF empowers schools to identify and manage all safety threats in schools, establish school safety committees comprising of stakeholders such as teachers, police officers, school governing body members and learner representative council members. Furthermore, The NSSF also empowers schools to develop incident reporting mechanisms, establish collaborations with external stakeholders such as the South African Police Service (SAPS), the Department of Social Development and civil society organisations, as well as develop school safety plans and policies to respond to safety challenges.

2. Protocol to Deal with Incidences of Corporal Punishment in schools

The Department developed and published a Protocol to Deal with Incidences of Corporal Punishment in schools to highlight the abolishment of corporal punishment in schools and to provide Provinces, Districts and schools guidance on how to deal with issues of corporal punishment. The protocol foregrounds the following areas:

  • The steps to be taken by provincial, district, circuit and school Senior Management Team (SMT) in reporting the incidents of corporal punishment in schools;
  • The complaints procedures are outlined and the measures to be taken at every level of the system are explicit and include the labour relations processes in response to perpetrators of corporal punishment as well as sexual abuse and harassment;
  • In line with the NSSF the Protocol further supports schools in ensuring safe and supportive learning environments that use protective behaviour, positive discipline, restorative justice and positive behaviour intervention support systems.

3. Protocol on the Management and Reporting of Sexual Abuse and Harassment in Schools

The Department developed and published a Protocol on the Management and Reporting of Sexual Harassment and Abuse in Schools, which highlights the illegality of sexual harassment and abuse committed against children in schools, and to provide Provinces, Districts and schools guidance on how to deal with issues of sexual harassment and abuse in schools. The Protocol foregrounds the following:

  • The various key legislation that protect children against sexual harassment and abuse which include the Employment of Educators act, 76 of 1998, the South African Council for Educators Act 31 of 2000, the Children’s Act of 2005 and Criminal law (sexual offences and related matters) amendment act, 2007 act 32 of 2007;
  • The steps to be taken by provincial, district, circuit and school SMT  in reporting the incidents of sexual abuse and harassment in schools;
  • The key stakeholders that schools are required to work with in dealing with cases of sexual harassment and abuse in schools.

4. Partnership Protocol between the Department of Basic Education and the South African Police Service (SAPS)

The Department also has an established Protocol with SAPS to address crime and violence in schools The Protocol has enabled all schools to be linked to their local police stations, SAPS conduct searches and seizures in schools and conduct crime awareness campaigns in schools. Regularly, schools work with SAPS and local community police forums and social workers to address gangsterism issues. Constantly, searches and seizures of illegal drugs and weapons are done in schools and anti-gangsterism campaigns in collaboration with the Department of Social Development and the Department of Justice and Constitutional Development are conducted in schools.   

5. Inter-Departmental Campaign on the prevention of Violence, Bullying, Corporal Punishment, GBBV, Learner Pregnancy, Drugs and Substance Abuse

The Department and its partner Departments: Social Development, Justice and Constitutional Development, Correctional Services, the South African Police Service and the Department of Communications and Digital Technologies have also embarked on an Inter-Departmental Campaign on Violence Prevention. This Campaign raises awareness on issues such as the prevention of bullying, corporal punishment, gender-based violence, teenage pregnancy and drugs and substance abuse in schools. The Campaign has been championed by the Deputy Minister of Basic Education and is supported by other Deputy Ministers from the partner Departments. The Campaign has been targeting districts with high levels of crime and violence known as hot spots. The Campaign includes build up events that take groups of learners through priority content areas related to violence prevention.

Thus far, the Campaign has been rolled out in four provinces: Gauteng (Gauteng West District), Limpopo (Sekhukhune East District), Mpumalanga (Nkangala District) and the North West (Dr Kenneth Kaunda District).  The Campaign also involves Senior Management Teams, School Governing Bodies, learners, parents and ward councillors of the participating schools, in this way the Campaign is a whole school community engagement. The Department intends to continue rolling out the Campaign in other outstanding provinces during this financial year and into subsequent years.

Moreover, districts in collaboration with provincial education departments and civil society organisations also conduct regular awareness raising interventions that advocate for the prevention of violence in schools.  These provincial led programmes include school assembly talks, public debates and dialogues amongst learners.  The DBE monitors these awareness programmes through the District Monitoring of School Safety Programmes annually.

6. Codes of Conduct and Policies

The Department compels all schools to develop and adopt a code of conduct to address ill-discipline of learners. School codes of conduct are aligned with the Constitution of South Africa and child-protection legislation; and are communicated and adopted/ agreed to by all school stakeholders such as SMTs, School Governing Bodies and Learner Representative Councils. School codes of conduct are further supplemented by anti-bullying policies, alcohol and drug abuse policies which contribute towards creating safe and enabling environments in schools.  

23 November 2022 - NW4013

Profile picture: Shaik Emam, Mr AM

Shaik Emam, Mr AM to ask the Minister in The Presidency for Women, Youth and Persons with Disabilities

What measures did she and/or her Office put in place at grassroots level with the different stakeholders including Basic Education, Social Development and the SA Police Service to monitor the protection woman enjoy against the risks of being raped, murdered and becoming victims of genderbased violence?

Reply:

The Department is facilitating establishment of Gender Based Violence and Femicide Rapid Response Teams (GBVF RRTs) at Local and District Municipality levels. The purpose of these Multi Stakeholder GBVF structures is to coordinate supportive response to GBVF victims and GBVF Prevention initiatives in the Municipalities. The GBVF RRTs are made up of government departments (i.e. Department of Basic Education, Social Development, South African Police Services and other government departments that are key in the fight against the scourge of GBVF). The Civil Society Organisations and other government entities, like the Thuthuzela Care Centres and Victim Empowerment Centres are also represented in these Local Multi Stakeholder GBVF Structures.

_________________________

Approved by Minister

Ms M Nkoana-Mashabane, MP

Date:

23 November 2022 - NW4220

Profile picture: Boshoff, Dr WJ

Boshoff, Dr WJ to ask the Minister of Basic Education to ask the Minister of Basic Education

With reference to the reply to question 2522 on 10 October 2022, what (a) will be the process for the roll-out of the guidelines, (b) steps (i) will be taken and (ii) have been taken to prepare for the roll-out of the guidelines and (c) public participation process would be implemented for the guidelines with specific reference to the (i) timelines, (ii) publication and (iii) person to whom comments will be sent?

Reply:

(a) The Department of Basic Education (DBE) will be collaborating with the Education Labour Relations Council (ELRC), South African Council for Educators (SACE), South African Human Rights Commission (SAHRC), School Governing Body (SGB) Associations, South African Principals' Association (SAPA), Education Faculties of Universities and Civil Society Organisations on a dissemination and sensitisation programme for schools.

(b)(i) As the document was endorsed by Council of Education Ministers (CEM), it will need to be re-tabled at CEM for final approval and publication, followed by a dissemination and sensitisation programme for schools.

(ii) The DBE has commenced consultations and engagements with relevant education stakeholders nationally.

(c) The DBE is currently in the process of consultations and engagements with relevant education stakeholders, working through Provincial Educations Departments (PEDs) and Education District Offices.

(i) The DBE is ambitiously aiming to conclude the consideration and incorporation of submitted comments by March 2023.

(ii) Due to delays already experienced in carrying out the consultations that are underway, the process may take a further three (3) months to June 2023 before publication.

(iii) Comments may be sent to SOGIESC@dbe.gov.za by 31 December 2022