Questions and Replies

Reply:

The determination of school uniforms is the competence of parents through  their School Governing Bodies (SGBs). 

Reply:

 

MINISTER OF WATER AND SANITATION

1. All planned discharges of water require a water use authorisation under the National Water Act, Act 36 of 1998. These authorisations have conditions that stipulate the quality of water that may be discharged to ensure that the receiving environment is not negatively affected. Wetlands have an additional regulated buffer that requires any activities to in or near the wetlands to be authorised. The compliance to these conditions is monitored by the Department of Water and Sanitation (DWS) as well as the Catchment Management Agencies. The National Water Resources Strategy (NWRS) sets out key strategies to address water quality and wetland protection across South Africa. To address the need for a more coordinated and aligned approach for effective wetland protection, management, and conservation, and in line with global best practice, the DWS, Department of Fisheries, Forestry and the Environment (DFFE), and Department of Agriculture have identified the need to develop a joint national wetland policy. This policy will state the fundamental norms, rules, and values for wetland management that will apply to stakeholders that have a role to play in managing South Africa's wetlands. Furthermore, the DWS houses the National Wetland Monitoring Program, reports on Wetland Strategic Actions such as Wetland Ramsar sites and plays a key role in capacitating stakeholders on the importance of the protection and management of wetlands.
2. There are ongoing engagements between DWS, Premiers and MECs for COGTA to encourage municipalities to pay their current accounts regularly and make payment arrangements for their accumulated debt. To date, there have been engagements with Free State, Kwazulu-Natal, Northern Cape, Limpopo and Northwest provinces. The DWS’ bilateral meetings with the National Treasury have resulted in concrete proposals to be implemented going forward. Currently, payment arrangements between water boards and municipalities are made taking into consideration the magnitude of the debt as well as the financial viability of the municipalities. Furthermore, both DWS and NT are finalizing a debt write-off mechanism which will allow Water Boards to write off municipal debt if municipalities establish a good payment record for paying current invoices.
3. (a-b) The proposed amendments of the Water Services Act, Act 108 of 1997 (published in November 2023 for comment) and the revised norms and standards (published in January 2024 for comment) of the same Act will strengthen the regulation of water services provision and the water services authority with more stringent enforcement measures including offences and penalties. The Norms and standards propose standards for operation, maintenance and repairs; asset management competencies for water services authority managers, amongst others.

Regulation 3630 relating to compulsory national standards for process controllers and water services works were published 30 June 2024 and water services institutions were provided a two-year grace period to comply from date of publication. These regulations specify according to classification of the treatment system who may be appointed as operators (controllers of the system).

 

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Reply:

 

The Minister of Public Works and Infrastructure

(a) On 15 October 2024, the Minister, together with Infrastructure South Africa, announced the opening of the project preparation bid window to extensively expand infrastructure investment to accelerate economic growth and create jobs. The window invites submissions from National and Provincial government departments, State Owned Entities, Public entities, municipalities and private sector projects with public sector support to apply for project preparation support. The project preparation supports sets to extensively expand the ability of construction projects to be implemented in South Africa as one of the major contributing factors to under-investment in infrastructure is the lack of sufficient project preparation support.

This new bid window builds on the 12 infrastructure initiatives President Cyril Ramaphosa previously announced at the Sustainable Infrastructure Development Symposium South Africa (SIDSSA) in March this year which already benefits from the first R179 million in project preparation funding allocated by National Treasury to ISA to support catalytic projects that otherwise would not progress to implementation stage.

The announcement forms part of the policy and regulatory changes we are embarking upon to rapidly turn South Africa into a construction in order to ignite economic growth. The project preparation bid window, alongside expanding the role of Infrastructure SA, will make it easier for the private sector to invest in state construction projects.

Infrastructure South Africa (ISA), a programme of the Department of Public Works and Infrastructure undertakes the following:

• Builds a solid infrastructure project pipeline:  ISA identifies and prioritises key infrastructure projects with strong business cases and market demand. Infrastructure South Africa focuses on projects with the minimum project value of R1 billion in sectors such as water & sanitation, freight transport, human settlements and energy.
• Streamlined processes:  ISA creates an enabling environment by unblocking and unlocking government processes including permits, licenses, authorisations and permissions to accelerate the implementation of major infrastructure projects.
• Provides clear Investment Guidelines and Plans:  ISA develops resources such as the Greenbook to simplify the investment process for potential investors and publishes the National Infrastructure Plan 2050 providing a clear vision for investors to plan for investments into South Africa’s infrastructure.
• Promotes Investment Opportunities:  ISA engages in active marketing by developing documents such as the Infrastructure Investment Handbook and the Construction Book. Led by the Minister of Public Works and Infrastructure, Infrastructure South Africa also engages in local and international platforms of engagement to promote investment opportunities in the country.  For example this is achieved through, inter alia, the hosting the Sustainable Infrastructure Development Symposium of South Africa (SIDSSA), led by H.E President Cyril Ramaphosa.  This is one of the platforms created to manage strategic partnerships and direct outreach to potential investors and financial institutions.

 

(b) ISA is implementing the following strategies to broaden the funding models to ensure that projects are financially viable:

• Engaging Development Partners:  ISA hosts the Development Partners Forum (DPF) on a quarterly basis, chaired by the Minister of Public Works and Infrastructure.  The Development Partners platform is designed to engage Multilateral Development Banks, local and international Development Finance Institution on the infrastructure investment programme and the progress made on priority infrastructure projects.  The platform provides an opportunity for robust engagements on the status of the projects, understanding the opportunities for investment.  It also creates an opportunity to leverage potential grants and concessional financing towards these projects for project sponsors.
• Project Preparation Support:  ISA drives the bankability of identified priority infrastructure projects by providing project preparation support through, inter alia, conducting comprehensive feasibility studies to assess the economic, environmental, social and the financial viability of projects.  Thus, creating a quality pipeline of bankable projects to attract more private sector investors.
• Innovative financing.  ISA explores innovative financing mechanisms such as blended finance, which is the strategic use of development finance to attract private investments for sustainable development.  ISA provides oversight over the Infrastructure Fund, a blended finance fund to leverage private sector finance for public sector infrastructure investment projects and programmes.  A commitment of R 100 billion capitalization of the fund over ten (10) years was made.  The blended finance vehicle is intended to catalyze R 1 trillion (USD 55 billion) of infrastructure delivery within the country.
• Engages with institutional investors:  ISA encourages co-investment between pension funds, sovereign wealth funds and insurance companies, to invest in infrastructure projects of interest to them.

By broadening the funding models through these strategies, infrastructure stakeholders can improve the financial viability of infrastructure projects and mobilize diverse sources of funding, thus, supporting South Africa’s National Infrastructure Plan 2050 as well as contribute to the achievements of targets as set in the National Development Plan.

Reply:

 

MINISTER OF WATER AND SANITATION

(a) The major contributing factors for delays in dam safety rehabilitation projects are:

• Contractors’ inability to procure materials
• Failure of local Small Medium and Micro Enterprises (SMMEs) to supply material timeously
• Unreliability of plants
• Internal procurement delays
• Rehabilitation projects, like many government projects, are often disrupted by local communities or business forums (Construction Mafias) seeking opportunities in the projects.

It is estimated that the projects that are in construction will be completed by 2025/26 financial year.

(b) Most dam safety rehabilitation projects were necessitated by changes in the South African National Committee on Large Dams (SANCOLD) guidelines on freeboard determination and not because the assets are in poor unsafe condition. The rehabilitation projects are often a proactive approach to ensuring the safety of communities around those dams that are owned by the Department of Water and Sanitation.

The SANCOLD freeboard guidelines are tools used by designers to design the dam’s spillway and the capacity to handle floods. At the time when most dams were constructed, flooding events were not frequent, which in some cases led to the design of some dams with insufficient spillway capacity. Increasing the dam’s spillway capacity is one way of ensuring that when the dam is impacted by flooding, the excess water is discharged safely without overtopping the Non-Overspill Crest thus protecting communities downstream of the dam.

(c) The DWS is prioritising these three District Municipalities and their five-year plans will be completed by June 2025. The DWS will be developing a water services delivery monitoring tool which will monitor the pipeline of projects implementation as identified in the five-year plans and reflect the service delivery progress as well as critical waster infrastructure targets identified during the planning stages. The outcomes of this tool will be communicated back to Local Government to re-align implementation strategies to ensure target deliverables are being met. Constant monitoring on project progress during implementation will take place through the DWS project monitoring dashboard. This dashboard has already been developed and will be used to track project progress. Coordination with Water Services Authorities is furthermore improved through the direct linkage of the five-year plan outcomes with the development of each WSA’s Water Services Development Plan (WSDP). The updated WSDP is then to be signed off by Council and will be used as a legal requirement to report on service delivery within each WSA.

 

Reply:

 

(a)  The Department, through its monitoring of the demand and supply of educators, has not identified a shortage of educators for learners with specialised needs as a national challenge such that urgent steps are needed. However, there could be instances where delays occur in filling vacancies, and these are normally related to delays in recruitment and selection processes as opposed to the shortage of skills in the labour market.

b)

• As part of its Annual Performance Plan, the Department of Basic Education has an indicator, namely, 2.4.1: Training of teachers in specialised areas of inclusion as an important aspect of performance in the coming year.
• The Department of Basic Education is collaborating with the British Council in an initiative to strengthen initial teacher education and continuing professional teacher education. 

Reply:

MINISTER OF WATER AND SANITATION

(1)(a) The delays in maintaining infrastructure assets are worsened by financial constraints stemming from:

• Municipalities failing to pay the water boards, which in turn affects payments to the WTE.
• Tariffs that are too low, especially agricultural water tariffs due to a 50% cap.
• Construction mafias demanding a 30% cut from appointed service providers, compelling them to pay protection fees, which hinders progress in tenders for construction and maintenance of infrastructure.

Furthermore, the DWS’ planned to invest R37.6 billion for maintenance and refurbishment of national water resources infrastructure assets. However, since all maintenance and refurbishment are funded from revenue raised from water users, and given the outstanding debt owed to the DWS which had risen to R24 billion as of 31 March 2024, the consequence was significant delays of the maintenance and refurbishment projects.

The delay in the awarding of the construction tender for Mokolo and Crocodile River (West) Water Augmentation Project – Phase 2A (MCWAP-2A) is in part due to the COVID-19 lockdown and restrictions which disrupted the working methods and delayed pre-design studies, finalisation of the designs and tender documents for the construction contract. Additionally, the Trans-Caledon Tunnel Authority (TCTA) could not issue the construction tender to the market until such time as the commercial loan funding for the project had been secured. The lengthy process of securing the necessary regulatory approvals for TCTA to obtain loan funding and conclude loan agreements with development finance institutions also adversely impacted on the issuing of the construction tender to the market.

The delay in the awarding of tenders for Berg River - Voёlvlei Augmentation Scheme (BRVAS) was due to delay in the finalisation of the long-term funding procurement process as TCTA could not issue the construction tender until such time as the commercial loan funding for the project had been secured. As the project is fully funded off-budget, the affordability of the project in terms of the projected tariffs was a major cause of the delay in concluding Water Supply Agreements with the municipal off-takers.

The delay in the awarding of the construction tenders for uMkhomazi Water Project – Phase 1 (uMWP-1) resulted, on the one hand, from the decision by the Department of Forestry, Fisheries and the Environment on the application for an environmental authorisation, as well as challenges relating to the Environmental Impact Assessment. Furthermore, for TCTA to obtain the necessary regulatory approvals to source commercial loan funding for the project, it was essential that off-take agreements are concluded with the beneficiary municipalities. The negotiation process towards concluding the off-take agreements proved to be difficult, with the municipalities citing affordability concerns on the proposed project funding and cost recovery model and requesting increased fiscal support for the project. This led to a three-year delay to the implementation of the project.

(1)(b) The key driver for the for Mokolo and Crocodile River (West) Water Augmentation Project – Phase 2A (MCWAP-2A) was the Flue Gas Desulphurization (FGD) project implementation at Medupi power station, and the delay in that project has lessened the impact of the delay in the water delivery.

The key driver for the Berg River - Voёlvlei Augmentation Scheme (BRVAS) is the projected water supply shortfall in the Western Cape Water Supply System that was brought into sharp focus by the drought situation in 2018. Improved rainfall patterns in the region in recent years have lessened the potential impact of the delay in the water delivery.

The key driver for the uMkhomazi Water Project – Phase 1 (uMWP-1) is the projected water supply shortfall in the Mngeni Supply System (MSS) which services the eThekwini Metropolitan Municipality and surrounds. The delay in the project may necessitate the implementation of water demand management interventions in the MSS’ supply area in the short to medium term.

To mitigate the impact of delays in project implementation, DWS continuously develops, updates and monitors the implementation of strategies to reconcile water availability with water requirements for the various areas which outlines plans and measures that are required to ensure water security. The various measures include water curtailments/restrictions to prevent the systems from failuring to supply water to the various water users.

(2) The construction tender for MCWAP-2A was issued to the market and tender submissions closed on 05 September 2024. The TCTA has established the necessary structures and resources to ensure the awarding of the construction tender by May 2025.

The construction tender for the Lesotho Highlands Water Project (LHWP) Delivery Tunnel North Shutdown was awarded to the successful contractor on 05 September 2024. The contractor has mobilised to site and completed pre-shutdown work and the commenced with shutdown works effectively from 01 October 2024.

(3) The DWS is focusing on prioritizing critical maintenance projects that directly impact water supply to communities, farmers and key customers such as Sasol, Eskom, and Rand Water, ensuring that the most urgent needs are prioritised.

The revised water pricing strategy was recently approved by the Minister of Finance. This will allow DWS to gradually lift the cap on agricultural water tariffs, which makes up 60% of water sales. The new pricing strategy will ease budget constraints and help reduce the backlog in maintenance and refurbishment of national water resources infrastructure. In addition, an incentive scheme has been introduced to encourage customers to settle their outstanding debts. All debtors are eligible to participate, and the scheme waives interest in accordance with Treasury Regulations 11.4.1.b(iii).

The Department is implementing water conservation and demand management measures together with Rand Water and the Gauteng municipalities, including reducing leaks in the municipal distribution systems and increasing awareness amongst residents of the need to use water sparingly. This will ensure sustainable water supply in a short-medium term during the maintenance of the LHWP tunnel.

The Department monitors the water supply situation in the affected areas and investigate and implement localised water supply solutions where necessary to ensure reliable water supply to affected communities.

 

Reply:

Annexure

(1)       

(a)  The following are full details of all government construction projects currently (i) under development and (ii) behind schedule:

1. The department has 162 projects under development, with 109 in construction stage.  The list of projects is attached as Annexure A, with details of the projects in construction stage.
2. There are 75 projects behind schedule due to various reasons. Delays in projects are attributed to various challenges which include poor contractor performance that often leads to termination of contracts, interference by business forums, budget limitation, legal disputes among contracting parties and delayed funding approvals.  The list of projects that are behind schedule is attached.

We will be looking at how tenders are awarded and will blacklist contractors who do not perform or deliver. We will seek to ensure we recover funds as well from those who do not perform.

(b) The extent of delays varies from project to project; some projects are delayed by a few months, while others have been delayed by several years in the worst cases.  A list indicating the extent of delay to projects is attached.

(c) To ensure that projects are delivered (i) on time and (ii) within budget;

The department is working hard to change the delivery trends, and improve performance through the following actions:

• Strengthening the tender evaluation process to ensure that contractors and professionals that are appointed are best suited and adequately capacitated to implement projects with speed and efficiency.  Financial capacity of appointed contractors has been observed to be a major challenge that delays projects.
• Increase the project management and engineering capacity of the department to ensure that there is consistent monitoring of projects and speedy intervention where it is required.
• Improve turnaround times and reengineering of internal processes to ensure speedy decision making in relation to funding approvals for projects.
• Appointment of Project Management Units within the department to increase technical support and close monitoring of projects.
• Improvement of risk assessment practices to minimise variation orders as they have an impact on project budgets.
• Strict contract management will be applied to projects as well as swift consequence management where failure to comply has been identified.  The department will be establishing a contract management unit to ensure that consistent transgressors are addressed appropriately.

(d) To minimise delays in project delivery;

• The department is in the process of establishing panels of multi-disciplinary project teams that will ensure that the designs, plans, user needs and budgets are fully aligned to ensure that projects are implemented without delay.
• A panel of contractors is being appointed to ensure that when contractors are terminated, there will be a speedy process to appoint replacement contractors.
• Implementation of a digitized project monitoring system that will enable project managers and department executive to easily access and track project performance.  This will assist in ensuring that interventions are implemented with speed.
• Skills improvement of employees in the project value chain through training, this is an intervention to address the project management skills deficit within the department and the built environment sector at large.
• The department is working hard to recruit and retain competent professionals in the built environment to reduce the ratio of projects allocated to employees. This will give professionals more time to monitor each project allocated to them.
• The delays caused by slow sign off and budget allocations by client departments will be addressed through frequent client forums.

(2) The phenomenon of construction mafia or business forum has been more prevalent in large projects and the impact to each project varies.  The issue is a moving target and currently the department has been engaged in solving the issue on 8 large projects that were affected by this challenge.  These projects are:

• Potchefstroom Magistrates Office
• Klerksdorp Jouberton Magistrate’s Office
• Department of Employment and Labour Durban
• Durban high court
• Bulwer prison
• Durban regional office heritage old building
• Durban masonic groove government buildings
• Mamelodi magistrates court

 

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The Minister of Public Works and Infrastructure

The 1 287 properties are because of Ernest and Young Investigation that was conducted in 2016. Since then – the Department has undertaken a due diligence exercise to determine the nature of the illegal occupation so that the appropriate action may be taken.

Around 2011, the Department initiated a call centre whereby members of the public reported stolen, lost or illegally occupied properties. The scope of the project included DPWI and Provincial Departments of Public Works; this initiative led to the conceptualization and adoption of a programme called Operation Bring Back (OBB) in order to recover the illegally occupied properties. The programme entails the following conducting further rigorous investigations to identify misappropriation and unlawful occupation of state properties. The outcome of the investigation reports will then guide the department with the way forward regarding the repurposing.

These may include the following (depending on the nature of the illegal/irregular occupation):

1. Regularization of Occupation (Internal program and currently being implemented)
2. Eviction processes (External Process – with some referrals to State Attorney and eviction orders in place)
3. Recovery processes (External Process – reclaim illegally occupied properties, safe guard the properties and collaborate with the private sector to generate revenue).

Preliminary internal verification processes revealed that there are mainly four (4) categories of illegally occupied properties:

1. Irregularly Occupied (Residential) – this category involves family members of previous government employees who may have passed on and left their family members in the houses or due to changing housing policies within government. Unfortunately, we cannot we cannot allow people to occupy houses where the intended individual no longer resides there due to death.
2. Illegally Occupied (Residential, Vacant Land and Commercial Buildings) – this category involves the active and deliberate illegal occupation of government property. In this category – the strategy is to evict and recover. The Department is receiving however, requests from various occupants who are willing to regularize their stay within those properties – The DPWI will not regularize stays for those who occupy unlawfully.
3. Land Invasion – this category involves the development of an informal settlement on DPWI properties. The Department has collaborated and established steering committee with local Municipalities and its law enforcement, local communities, Department of Human Settlement, Department of Social Development, SAPS, State Attorney and security companies. The following activities are undertaken:

• Explore the avenue of alternative accommodation;
• Institute security services to control access;
• transfer of illegally occupied properties to relevant municipalities to formalize the settlement where eviction is impossible;
• Obtain court orders to contain the spread of invasion, to eliminate criminal elements, prevent possible fire, damage to property, injuries, and mushrooming of shacks;
• Eviction of vagrants where feasible, taking into account the PIE Act and other legislative requirements.

4. Illegally transferred / Stolen Properties (Residential, Vacant Land and Commercial Buildings) – This category involves illegal/unlawful transfer of government properties to private companies or individuals. The strategy is to evict and recover such properties.

5. The Department has conceptualised an asset optimisation strategy that, inter-alia, will address the issues of condition, vacancy, utilisation and value enhancement of the DPWI asset portfolio. This strategy was presented and approved by Cabinet in March 2024. The intention is to implement the strategy over a period of five years.

To date, an initial list of 774 immovable assets were identified, cleared and profiled for leasing out to the open market with a view to optimize utilization and generate revenue that will be re-invested into enhancing the DPWI asset portfolio, including conducting condition assessments.

Further to the above, 271 properties have been identified for strategic development over a period of five years, 50 of which will be cleared and profiled to solicit market interest.

As far as possible, the intention of the asset optimisation strategy is to repurpose DPWI immovable assets to accommodate space requirements of User departments, for instance, through the envisaged establishment of government precincts and multi-purpose centres.

Should there no longer be a National Government need for these assets, these will be availed to other spheres of Government, prior to offering them to the private sector with a view to their repurposing and DPWI revenue generation.

Reply:

 

The Minister has embarked on a nationwide tour, visiting provinces across South Africa to engage with MECs for Education and district directors. 

These engagements have served as a platform for the Minister to assess the progress of various departmental programmes, identify gaps in implementation, and engage with key role-players on strategies to strengthen school governance, improve learner outcomes, and enhance teacher professional development.

Beyond the learning and listening tour, the Minister has held numerous engagements with various stakeholders, including teachers' unions, school governing bodies (SGBs), parent associations, NGOs, and interest bodies. These engagements are critical to ensuring that a broad spectrum of voices is heard in shaping the future of education.

The Minister's discussions with NGOs have centred around key focus areas such as early childhood development (ECD), improving literacy and numeracy, and addressing the needs of vulnerable learners. This collaborative approach ensures that the Department can draw on a wide range of expertise and resources to implement effective educational programmes.

The Department has initiated community forums at district and provincial levels, bringing together parents, teachers, unions, NGOs, and local authorities to discuss challenges and co-create solutions to specific educational issues. These forums serve as feedback mechanisms for the Department to align its policies and interventions with the real needs on the ground.

The lessons from these engagements, together with the priorities of the 7th administration, will then inform the five-year plan to improve educational outcomes.

Reply:

MINISTER OF WATER AND SANITATION

1. The Department has 21 positions in total currently employed as Ministerial support as follows:

1. Eight in the Minister’s office
2. Seven in the office of the Deputy Minister
3. Six in the office of the Deputy Minister

 

2. The job titles, annual remuneration packages and academic qualifications of the nine positions within the office of the Minister. The Department of Water and Sanitation has two Deputy Ministers. The job titles and annual remuneration packages and qualifications of the staff employed in the offices of the Minister and Deputy Ministers are indicated in the table below:

 

Job title		Annual renumeration package	Highest level of qualification
Office of the Minister
1.	Chief of Staff	R1 436 022	NQF level 7 (Bachelor of Arts: Sociology)
2.	Private Appointment Secretary	R 1 216 824	NQF level 7 (Bachelor of Administration)
3.	Media Liaison Officer	R 1 216 824	NQF level 7 (Bachelor of Arts Honours: History)
4.	Parliamentary and Cabinet Support Officer	R 1 216 824	NQF level 7 (B-Tech Project Management)
5	Assistant Appointment and Administration Secretary	R 444 036	NQF level 6 (Diploma: Management Assistant)
6	Receptionist	R 219 417	National Diploma: Human Resource Management
7	Household Aid	R 155 148	ABET Level 4
8	Household Aid	R 155 148	ABET Level 4
Office of the Deputy Minister
1.	Head of Office	R 1 216 824	BIUR: Law
2.	Private Appointment Secretary	R 1 003 890	BA Honours: Psychology
3.	Community Outreach Officer	R 849 702	Bachelor of Arts
4.	Parliamentary Cabinet Support	R 849 702	National Diploma: HRM
5.	Receptionist	R 219 417	BA: Human Ecology
6.	Household Aid	R 155 148	ABET Level 4
7	Household Aid	R 155 148	ABET Level 4
Office of the Deputy Minister
1.	Head of Office	R 1 216 824	Master of Laws
2.	Private Appointment Secretary	R 1 003 890	PhD - Health Professions Education
3.	Parliamentary Cabinet Support	R 849 702	B-Tech Journalism
4.	Receptionist	R 219 417	BCom Honours (General)
5.	Household Aid	R 155 148	ABET Level 4
6.	Household Aid	R 155 148	ABET Level 4

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(1)

(a) The Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools guides the work of the Department of Basic Education in its efforts to address school related gender based violence (SRGBV). The protocol provides a standardised response to the management and reporting of sexual abuse and harassment across the basic education system. Further, parties to the Education Labour Relations Council (ELRC) concluded Collective Agreement No 3 of 2018: Providing for compulsory inquiries by arbitrators in cases of disciplinary action against educators charged with sexual misconduct in respect of learners. This collective agreement simplified the disciplinary process for teachers accused of sexual misconduct as it provides for a singular process that ensures that children are not exposed to multiple disciplinary hearings at the different levels of the education system.

(b) From the Basic Education Vote, a sum of R3 500 000 has been allocated to cover salaries, programme coordination and oversight. 

(2) The legislative mandate and implementation measures in the Basic Education sector to address SRGBV are adequate. It is however true that additional resources to bolster this area of work would always be welcome. 

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Response

1 (a) The Department of Basic Education conducts monthly meetings with all Mathematics subject advisors in all four phases (grades R-12) nationally, where learners’ performance is thoroughly analysed.

Guidance and support are provided, especially when learners struggle to apply pre-requisite concepts in a new topic. The bottom thirteen districts in Mathematics performance are the area of focus in 2024. Best-performing schools within a circuit are paired with schools not performing well in Mathematics. Mathematics subject advisors and teachers from performing schools teach at underperforming schools, demonstrating good practices to the mathematics teachers who are not producing good results. The key methodology applied in teaching at those schools is to find out first what learners know before a new topic is taught in any grade. Amongst other strategies, pairing schools has improved the Mathematics results in terms 1 and 2 compared to the 2024 results in the same period with 2022 and 2023 (results).

The DBE, in partnership with AWQAF SA, conducts online revision lessons covering all the topics taught each term. These live online lessons allow learners to ask questions at any time.

Learners struggling with Mathematics are grouped together, and basic concepts for each topic are laid out. Mathematics subject advisors provide more support to underperforming schools in Mathematics. Intensive in-house training and coaching are done at those schools.  

(b) There are adequate Mathematics and Science teachers within the education sector from a supply perspective. A plan is also in place to replace retired Mathematics and Science teachers through various DBE databases showing qualified STEM subject educators, unemployed educators, and Funza Lushaka graduates who are qualified to teach STEM subjects. 

2. Professional development and teacher capacity are the cornerstones of quality curriculum development. Our national and regional frameworks on capacity building underscore this. In terms of development programmes, the DBE is coordinating the following to reach all teachers:

(a) National priorities foregrounding professional development. These are included in the 1% skills levy implemented by all PEDs. This is where over R35 million is made available to train and upskill teachers in various programmes;

(b) The MST Grant is made available to over 1000 schools for critical gateway subjects. Substantial 15% of this allocation is made available for teacher capacity building in Mathematics, Sciences and Technology education;

(c) For the inclusive education sector, provinces have programmes and a Grant where teachers with special disabilities receive professional development and support. Around R25 million is spent by PEDs on programmes of inclusion;

(d) Extensive work in professional development also happens through partnerships:

• Teacher Union Collaboration is work which the department does in collaboration with our 5 Teacher Unions. An amount of about R30 million is made available for them to assist with a range of programmes like Assessment for Learning, Coding and Robotics, etc.;
• Sasol Foundation supports teachers in the MST area;
• Vodacom Foundation supports with Teachers Centres, connectivity and related ICT training of teachers;
• The NECT supports teachers with reading, Mathematics and Sciences

3.  MST grant provides schools with resources to support STEM subjects. As we answer this question, schools have received resources in STEM subjects. The budget is always allocated to top-up each year on resources. All schools, both in rural and urban areas, will continue to receive what schools need in terms of resources. Schools in quintile 1 are the most recipients of MST grant resources.

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(a) (b) This indicator is not part of the data collected by the DBE through SASAMS. However, the DBE Policy on the Prevention and Management of Learner Pregnancy in Schools guide school principals to use the Protocols for Reporting Sexual Violence in Schools to report pregnancy cases to social workers and (b - i)further report the cases under 15 to the police. The Protocols further guide regarding cases reporting and disciplinary action where the perpetrator is an educator. 

b (ii) The answer to this question could be obtained from provinces because the discipline of educators falls within the ambit of the Provincial education departments.  In terms of section 3(1)(b) of the Employment of Educators Act, 76 of 1998, the Head of the Provincial Education Department is the employer of all educators employed at the provincial level, and it is, therefore, his/her responsibility to oversee the administration of his/her department. This includes the management of discipline. 

This question should, therefore, be referred to the provinces.

Reply:

 (a) (i) and (ii)

 

Learners	Number of Leaners	Number of Teachers/Practitioners
Eastern Cape	107 137	3 555
Free State	37 250	1 601
Gauteng	113 021	4 351
KwaZulu-Natal	167 000	6 532
Limpopo	117 265	3 623
Mpumalanga	66 417	2 037
North West	53 035	1 757
Northern Cape	19 253	773
Western Cape	69 579	2 605
NATIONAL	749 957	26 834

 Source: Number of Learners from EMIS, School Realities Publication of 2023, Number of teachers/practitioners as Reported by Provincial Education Departments (PEDs)

(b) For the purpose of admitting learners and appointing teachers to Grade R, Provincial Education Departments (PEDs) have adopted the same procedure that applies to the other grades. Without adjusting the learner admission figures, the majority of PEDs have kept their teacher allocation for at least the last two years and through 2025. 

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Response

The DBE encourages schools to develop codes of conducts for learners where the issues of bullying and other transgressions are addressed. Parents in no-fee paying schools are not obligated to contribute financially and even in fee-paying schools fundraising programmes should accommodate parents who have applied for fee exemption.

Reply:

 

a) All our schools including ordinary public schools are implementing the policy on Screening, Identification, Assessment, and Support which was promulgated in 2014. One of the main aims of this policy is to support learners and retain them in their current schools as much as possible. The focus of the Sector if Foundation Phase, because we have adopted the principle of early identification and intervention. Learners are screened, and those identified as experiencing barriers to learning are supported at school level. Those who are in need of further support are referred to District-Based Support Teams for support and outplacement which is the last resort. 

b) More learners are supported through the policy mentioned above and retained in their current schools. Even those referred to District-Based Support Teams, more learners are supported and retained in their current schools.

Reply:

 Below is the number of educator posts declared per Provincial Education Department for the school calendar years of 2024 (current) and 2025.

PROVINCE	POST BASKET DECLARED
	2024	2025
Eastern Cape	52 817	52 817
Free State	22 479	22 473
Gauteng	70 965	70 965
KwaZulu-Natal	90 057	90 057
Mpumalanga	32 637	32 637
Limpopo	51 752	51 752
Northwest	27 557	27 667
Northern Cape	9 718	9 773
Western Cape	36 371	33 964
TOTAL (National)	394 353	392 105

 

Reply:

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Reply:

(a) At the inception of Sanitation Appropriate for Education (SAFE), Provincial Education Departments indicated that 3 898 schools used basic pit toilets. This number increased to 4 707. After assessments, 1 332 SAFE schools were found to have sufficient facilities or required maintenance only, which should be done by schools and provincial education departments or had low learner enrolment and are earmarked for mergers and rationalization processes. These schools, therefore, did not proceed to the implementation stage. 3 375 SAFE schools needed intervention and proceeded to the implementation stage. 3 134 SAFE schools have been provided with appropriate sanitation facilities. This is in addition to provincial education departments' infrastructure programmes that provide schools with sanitation infrastructure.

• 1 291 of these are in the Eastern Cape
• 1 189 of these are in the KwaZulu Natal

(b) 241 schools on the Sanitation Appropriate for Education (SAFE) initiative remain to be provided with appropriate sanitation infrastructure.

• 151 of these are in the Eastern Cape
• 65 of these are in the KwaZulu Natal

Reply:

Response

(1) Regarding the budget cuts from the National Treasury which resulted in the reduction of 2 400 teacher posts in the Western Cape, what  

(a) amount was cut from each province’s budgets, 

(b) has she found will be the impact of the budget cut on teacher posts in each province and (c) number of posts will be lost in each province; 

Response: Above question number 1, is not applicable to the National Department of Basic Education (DBE) but should be directed to the Western Cape Department of Education and other Provincial Education Departments (PEDs) since funding for compensation of employees (COE) for PEDs is done through the Equitable Share budget which is transferred by National Treasury (NT) directly to Provincial Treasuries (PTs), and not via the DBE. The only PED funding that the DBE gets involved with is the Conditional Grants (CGs). These CGs are received by the DBE from the NT, and are then transferred to various PEDs in terms of the Division of Revenue Act (DoRA). 

(2) what is the impact of the budget cuts on other programmes of her department in each province, including but not limited to 

(a) the National School Nutrition Programme and 

(b) learner transport; 

Response: 

(a) There has not been budget cuts for the National School Nutrition Programme

(b) Learner Transport is managed at Provinces and the question should be directed to them since the funding thereof does not come from the DBE but it goes directly from the National Treasury to Provincial Treasuries. It should however, be mentioned that learner transport is located differently in different Provinces, with some Provinces locating it in their PEDs, and other in the Provincial Departments of Transport.

(3) whether her department had any engagements with the Minister of Finance, Mr E Godongwana, regarding the budget cuts prior to the adjustments; if not, 

(a) why not and 

(b) what is the position in this regard; if so, what are the details of the outcomes of the engagements?

Response: 

The Minister of Basic Education has requested an engagement with the Minister of Finance, Mr E Godongwana, together with all MECs and Finance and Educations.

In response to these urgent challenges, Minister Gwarube convened an urgent meeting of the Council of Education Ministers (CEM) on Friday, 6 September.

The CEM discussed the impact of these budget cuts on their respective provinces. The meeting agreed that each province would analyse the specific impact in their jurisdiction and report back to a special CEM meeting. The results of this analysis were shared with the Minister of Finance and Treasury to find a solution that safeguards the future of our learners.

Reply:

The Department of Basic Education (DBE) recognises that the early identification of children with disabilities is critical. The ECD and Inclusive Education directorates are collaborating with the University of Johannesburg (UJ) on the development of a screening tool to assist ECD practitioners with early identification and intervention of developmental delays. Plans are in place to train health officials and ECD practitioners on the use of these tools to identify children with special needs as early as possible, and to provide them with the needed support. All materials and training on the implementation of the National Curriculum Framework also include information to guide ECD practitioners on implementing inclusive practices in their classrooms.

Reply:

According to STATS SA’s 2024 midyear population estimates, there are 1 119 059 5-year-olds in South Africa. According to LURITS data for 2023, there were 469424 learners in Grade R who were five at the start of 2023 (turning 6 in 2023), but there were also 346665 learners in Grade 1 who were five at the start of 2023 (turning 6 in 2023). Furthermore, there were 310 428 learners in Grade R who were four at the start of 2023 (turning 5 in 2023). So, the fact that age cohorts are spread out across grades (as shown in the table below), makes it complicated to use just 5-year-olds when assessing capacity needed if all children attended school-based Grade R.

Perhaps the simplest way to estimate the additional capacity needed in terms of Grade R places at schools would be to say that the size of a typical cohort of Grade 1 learners (where there is essentially universal participation) is about 1 050 000 enrolments. The typical size of a Grade R cohort in the last few years is about 800 000 enrolments. Therefore, about 250 000 more places would be needed if all children in the population were to spend a year in a school-based Grade R.

 

Table: Enrolments by grade and age according to LURITS 2023 data

 

	Grade R	Grade 1	Grade 2	Grade 3	Total
age
4	310428	913	63	26	311430
5	469424	346665	726	65	816880
6	10020	616441	296264	650	923375
7	1291	69749	629636	282871	983547
8	587	9593	113745	636188	760113
9	425	3023	15359	150880	169687
Total	792175	1046384	1055793	1070680	3965032

Reply:

Please be advised that each province's Head of Education is the employer of educators in that jurisdiction. This includes the recruitment and selection of educators, including principals. The process followed is that the relevant SGB makes a recommendation to the department's HOD, who needs to approve the appointment. Neither the Minister of Basic Education nor the Department's DG has jurisdiction in the appointment of educators in provinces.

All questions on the appointment of educators should be directed to the relevant provincial education departments. 

Reply:

The Minister is aware that the 30% pass mark has been raised as a concern from various quarters and is not oblivious to the importance of this matter. 

Presently, there are no immediate plans to change the 30% pass mark and to replace it with a minimum pass mark of 50%. 

Since assuming office in June 2024, the Minister has devoted time to fully understanding the challenges confronting the Basic Education sector, including consulting with provincial MECs, their management teams, and various stakeholders to gain first-hand information on the issues confronting provincial education departments. 

Following this, the Minister plans to appoint an advisory council to inform the necessary reforms in the sector.  This council will be able to look at how best we strengthen then curriculum; what interventions are needed and how best to benchmark our performance with international best practice. We remain committed to making evidence based policy interventions at all times. Therefore, she would require time and expert advice before any changes of this nature can be made.

Reply:

Please be advised that each province's Head of Education is the employer of educators in that jurisdiction. The Western Cape Education Department's MEC and Head of Education should be consulted regarding this matter.

In an effort to mitigate the fiscal constraints of provinces in the education sector to overcome its current financial challenges, the Department of Basic Education is in contact with the National Treasury. Various engagements have been requested. The outcomes of these meetings will be made known once they are finalised. 

Reply:

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Reply:

The current regulations do allow for an educator to be appointed to a teaching post at a school after normal retirement (age 60-64) or compulsory age of retirement (age 65). However, the regulations (Personnel Administrative Measures (PAM), Paragraph B.3.4.1) further stipulate strict conditions under which such appointments can be made, among other conditions being that preference must be given to young entrants into the profession. In practice, therefore, the number of appointments made of educators who have reached the retirement age is low. In the last five years, only 548 individuals were appointed after reaching 65 years, which is the age of compulsory retirement. These appointments are temporary and last only for a period of up to one year.

Reply:

(1) The Minister, through the Council of Education Ministers (CEM), has resolved to approach the National Treasury to discuss the impact of budget cuts on the provision of quality education. This aims to present a proposal to request additional funding urgently to address the immediate crisis and to make long-term proposals regarding the funding of basic education, including ways to insulate education budgets from the negative effects of austerity measures. 

(2) (a) As at the time of this response, only the Western Cape Education Department (WCED) had implemented the reduction of the educator post basket. Six other Provincial Education Departments (PEDs) who had also finalised their post-declaration processes elected to retain the post baskets (same number of posts declared in 2024) for 2025. The last two, which have yet to finalise their consultation processes, the Eastern Cape and the Northern Cape, have also proposed the retention of the post baskets declared in 2024 for 2025.

(b) Only 2 407 posts will not be filled, all in the WCED. 

(c) The WCED is working to minimise the impact of educator post cuts, particularly in poorer schools that cannot raise additional funds to augment the posts allocated by the State. The focus will be on the efficient and optimal use of allocated resources to improve aspects such as timetabling, teaching time allocation, and the utilisation of classroom space. The provisioning of additional support to teachers, such as administrative support, will also release more time for teachers to focus on teaching.

(3) As indicated above, the Minister will, in addition to broader sectoral efforts to secure additional funding, support efforts as implemented in each of the PEDs to support schools to mitigate the impact of educator post cuts, especially the WCED. This will mainly focus on the efficient and optimal utilisation of the allocated posts. Some of the measures will include the efficient management of the placement of educators declared, the efficient management of leave and, in particular, short-term and long-term incapacity leave, and the timeous filling of allocated posts that become vacant. 

Reply:

Response

(a) and (b) The Department of Basic Education (DBE) has since begun with workshops or training on implementing the Bela Act. On 20 September 2024, the DBE Team started undertaking such workshops starting with the Western Cape Provincial Department of Education, the Mpumalanga Provincial Department of Education on 3 October 2024, the Gauteng Department of Education on 8 October 2024, as well as the Kwa-Zulu Natal Department of Education on 9, 10 and 14 October 2024 with more training sessions set to take place till the end of the year. 

The targeted participants are Circuit Managers, District Directors, Union Formations, Principal Organisations and Civil organisations. Some Senior members have also attended the workshops. The workshops aim to train the targeted groups to transmit their knowledge of the Act to educators, non-profit organisations, and parents.

Reply:

a) Mechanisms put in place to monitor the performance of schools

Schools record learner performance in the platform called the South African School Administration and Management System (SA-SAMS). Districts and all the authorised officials of the department are able to access data and compile reports on learner performance if required to do so. Districts compile the reports for consolidation by the Provincial Education Departments (PED). Furthermore, Subject Advisors use this platform to establish the schools which need more support based on their performance.

Also, the department also uses Data Driven Districts Programme (DDD) which is an online tool that visualises learner performance data. The Programme combines school-level data collected from the South African School Administration and Management System (SA-SAMS) with the Data Driven Districts Dashboard. These programmes enable the department to determine learner performance in real-time.

b) Mechanisms to monitor education programmes at:

(i) Provincial level:

Provinces report on the programmes they offer at platforms like the Teacher Development and Curriculum Management (TDCM). Provinces outline the programmes they provide to enhance learner performance as well as the impact of the programmes. The DBE officials then monitor the programmes when visiting the provinces.

(ii) District level:

Subject Advisors monitor and support education programmes in their districts. The progress and impact of the education programmes are reported in the National Strategy for Learner Attainment (NSLA). The NSLA is an overarching framework and reporting tool which informs provincial and district activities and programmes to improve overall learner performance. Through the NSLA, the national department is able to monitor the education programmes which are implemented.

c) Relevant details:           

The DBE works closely with the PEDs to ensure that the support provided to learners is effective. PEDs report on various platforms and programmes, with the DBE providing oversight and support to ensure that the programmes are effective and enhance learner performance. The platforms mentioned above are used to provide support where it is mainly required as DBE officials have direct access to the platforms.

Reply:

With regard to the projects implemented as part of the Accelerated Schools Infrastructure Delivery Initiative (ASIDI) by the Department of Basic Education, the total number of schools that were completed in the 2019-20 and 2020-21 Financial Years (FY) are as follows:

1. 27 mud schools were replaced and provided with appropriate structures in the 2019-20 FY and 34 were completed in the following financial year;
2. 118 schools were provided with appropriate sanitation facilities in the 2019-20 FY and 304 in the 2020-21 FY; and
3. 86 schools were provided with safe drinking water in the 2019-20 FY. Similarly 99 schools were connected to potable water in the 2020-21 FY.                           

Reply:

(a) The Honourable Member must note that the current budget allocation legislation, which is guided by the concurrent competence nature of the education function, is such that the funds are allocated directly from the National Treasury to Provincial Governments. Provincial Governments with the application of some discretion on provincial priorities then further allocates to their different departments including education Departments. The National Department, therefore, has no direct influence on the budgeting process. 

However, through the legislative and regulative powers that fall within the ambit of the National Minister and the related monitoring and support function, the National Department will work with Provincial Education Departments (PEDs) to channel funding to critical programmes that have been identified as priority for the Seventh Administration such as language, reading and numeracy and eradication of Pit toilets. In addition, the National Department will continue engage with the National Treasury to bid for additional funding for education as part of the overall support to Provinces and attempts to protect frontline services such the provisioning of teachers from budget cuts.

(b) (i) As indicated above, the National Department will work with PEDs to ensure that existing funding is channelled towards areas that can make maximum impact. In addition, monitoring and support will be strengthened to ensure that allocated resources are optimally utilised. With regard to teaching resources, the monitoring will ensure that allocated posts are filled through improving administrative processes related to the filling of posts to ensure that funded posts do not remain vacant for long periods. 

(ii) As indicated above, the National Department through its monitoring and support function will work with PEDs to ensure that allocated budgets, though inadequate, are utilised optimally through improvement of administrative processes especially those that relate to support to poor schools that rely largely on support from the State funding to deliver education services.

Reply:

The provision of Scholar transport does not form part of Early Childhood Development (ECD) programmes at the national level. The Honourable Member is advised to write to Members of the Executive Council (MECs) as the provision of services for ECD programmes is within their purview. 

Reply:

The Minister engaged the President regarding concerns within the BELA Bill [now the Act] and possible solutions for addressing those concerns before the Bill was signed into law.

Equally, the Minister informed the President in advance that she would not be able to attend the ceremonial signing of the BELA Bill due to unresolved concerns she has communicated to the President on various occasions since her appointment.

Since then, the President has elected to set a pathway for addressing some of the concerns within the Act by delaying the commencement of the provisions relating to language and admission policies of public schools for three months. This period is intended to allow the GNU parties to find agreement on a way forward for these provisions; this should be allowed to happen. 

Ultimately, it is the Minister's constitutional duty to ensure that the laws passed by Parliament and signed into law by the President are implemented. Given that the BELA is now law, the Minister is working to ensure that the BELA Act is properly implemented in the best interests of learners.

Reply:

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Reply:

(a) 241 schools on the Sanitation Appropriate for Education (SAFE) initiative remain to be provided with appropriate sanitation infrastructure.

• 151 of these are in the Eastern Cape
• 65 of these are in the KwaZulu Natal
• 25 of these are in the Limpopo

(b) At inception of Sanitation Appropriate for Education (SAFE), Provincial Education Departments indicated that 3 898 schools were using basic pit toilets. This number increased to 4 707. After assessments, 1 332 SAFE schools were found to have sufficient facilities or required maintenance only which should be done by schools and provincial education departments or had low learner enrolment and are earmarked for mergers and rationalization processes. These schools, therefore, did not proceed to implementation stage. 3 375 SAFE schools needed intervention and therefore proceeded to implementation stage. 3 134 SAFE schools have been provided with appropriate sanitation facilities.

Reply:

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Reply:

The Department uses several mechanisms to educate society on the scourge of gender-based violence and femicide in the Republic.

Since 2021, the department has collaborated with COGTA, SALGA, and the Offices of the Premier to educate local structures on Gender Based Violence and Femicide (GBVF), including referral mechanisms for victims and monitoring for accountability. This education has been provided during training and capacity-building sessions for the Gender Based Violence and Femicide Rapid Response Teams (GBVF-RRTs) at the Local and District Municipality levels.

Starting in December 2023, the department launched the 365 Days Campaign on Violence Against Women. The campaign aims to educate various community groups across the country about gender-based violence and femicide through awareness initiatives, community engagements, and dialogues. These efforts are broadcast via national, regional, and community radio stations, as well as social media. The primary goal is to address the risk factors and drivers of gender-based violence and femicide, such as harmful cultural and religious practices and norms that promote toxic masculinity. This campaign is implemented in partnership with GCIS

Reply:

(a) The Percentage of the budget spent by provinces in 2023/24 is as follows:

(i) Mpumalanga 100% (ii) Gauteng 2% (procurement delays)

(iii) KZN 51%

(iv) Eastern Cape 36%

(v) North-West 57% (vi) Limpopo 88%

(vii) Free State 1% (procurement delays) (viii) Western Cape 97% (ix) Northern Cape 60%

(b) DWYPD has posed the question to provinces in the first quarter of 2024/25 and feedback is awaited.

(c) National Treasury has not hinted at non- sustainability of the programme, hence there is a current budget which extends into the outer years, i.e. 2026/27, 2027/28 financial years, etc. To cement government commitment, the President commented on the

Reply:

The success of the National Strategic Plan (NSP) on Gender-Based Violence and Femicide (GBVF) relies heavily on its integration across all three levels of government, with a particular emphasis on local and provincial governments due to their direct engagement with communities. Significant strides have been made at the Provincial, District, and Local levels, where efforts have been focused on helping Provincial Departments and Local Governments incorporate NSP priorities into their Annual Performance Plans, Strategic Plans, District Development One Plans, and Integrated Development Plans. The department remains committed to supporting this process by reviewing these plans, providing feedback, and offering mentorship to enhance integration.

Through European Union support, the Department of Women, Youth and Persons with Disabilities (DWYPD) appointed Technical Monitors and Data Capturers across all provinces. The intention was to enhance the capacity of government at provincial and local level to localize the NSP on GBVF. The department also managed to revamp the M&E framework (including the M&E Plan, data management tools) for effective implementation of the NSP on GBVF.

Reply:

I have been advised that:

(1) (a) The Department is currently implementing its Localisation Policy Framework, focused on supporting small enterprises. This framework has initiated both financial and non-financial support programs aimed at enhancing the manufacturing capacity of small enterprises engaged in the Market Linkage Programme (MLP). The programs include (i) the Small Enterprise Manufacturing Support Programme (SEMSP), (ii) Asset Assist, and (iii) the Exporters Development Programme.

Furthermore, through its agency Seda, the Department is providing relevant skills development and capacity-building training to small enterprises to improve their ability to meet the demands of larger retailers and wholesalers. To address the urgent market need for increased capacity, the DSBD and its agency Seda are assisting MSMEs through incubators. These incubators offer services and interventions designed to strengthen the capacity of MSMEs to produce in larger quantities.

(b) The Department is currently collaborating with key players in the small business development ecosystem, with a targeted intention to support small enterprises in effectively innovating and transitioning toward digital trade. To date, the DSBD has signed a Non-Disclosure Agreement (NDA) with several major online and digital trading platforms to facilitate small enterprises in operating on their platforms. The DSBD is also in the process of developing a Market Access Support Strategy, which will place greater emphasis on the evolving technological environment for online trading and digitization.

2. (a) The SEMSP supports all manufacturing MSMEs requiring funding between R1 million and R15 million. It is a blended finance programme with the grant portion of up to 20% of the total required funding. The programme funds across all manufacturing sub-sectors even though priority sectors are:

• 1. Furniture manufacturers, including coffin makers.
  2. Manufacturers and suppliers of iron and steel products (steel erector, welder, boilermaker, pipefitter, millwright, blacksmith, gunsmith).
  3. Manufacturers of sanitisers, disinfectants, water, recycling, paints, oils and related products.
  4. Food and beverages manufacturers, including agro-processors of primary agricultural products sourced from small-scale farmers.

The applicant must:

1. Be a registered legal entity in South Africa in terms of the Companies Act, 1973 (as amended); Close Corporations Act, 1984 (as amended); and the Cooperatives Act, 2005 (as amended).
2. Be a 100% owned by South African citizens.
3. Have been in operation for at least two years prior to applying for funding.
4. Be predominantly black owned (51%).
5. Have a predominantly black management team (51%).
6. Be registered and compliant with the South African Revenue Service (where applicable).
7. Must be registered on the National SMME Database.

(b) There are ongoing marketing activities, road shows and information sharing sessions and activities conducted by the DSBD and its agencies (sefa and Seda). There is consented effort to ensure that these sessions are also held in the rural or non-metropolitan provinces. Since the Small Enterprise Manufacturing Support Programme started, it has performed as follows:

SEMPS Loan Book Performance

Province	Approvals	Disbursements	MSMEs	Jobs	Black Owned	Women Owned	Youth	Disabled	Township	Rural
Gauteng	R483 965 507	R351 873 535	48	2 241	R338 399 220	R150 790 198	R43 368 727	R0	R55 292 244
Limpopo	R84 872 643	R73 885 152	10	394	R73 885 152	R56 563 550	R13 953 133		R14 174 246	R27 617 627
Eastern Cape	R114 367 746	R70 569 533	13	815	R70 569 533	R15 279 085	R39 076 923		R27 257 602	R50 143 026
KwaZulu-Natal	R102 114 942	R60 182 331	15	421	R60 182 331	R13 843 768	R3 873 842	R11 228 152	R30 086 415	R12 084 126
Western Cape	R101 543 275	R50 849 552	9	494	R50 849 552	R9 723 815	R4 759 658		R19 999 133	R580 862
Free State	R19 131 233	R22 952 396	4	75	R22 952 396				R22 952 396	R22 952 396
North West	R19 366 152	R18 912 967	6	109	R18 912 967	R2 488 644			R16 135 725
Northern Cape	R14 592 630	R14 280 618	1	73	R14 280 618
Mpumalanga	R18 127 828	R7 159 671	3	72	R7 159 671	R6 400 778	R6 250 471		R6 250 471	R7 159 671
Not Classified	R6 487 500
Total	R964 569 456	R670 665 755	109	4 694	R657 191 440	R255 089 837	R111 282 754	R11 228 152	R192 148 232	R120 537 708

END

Reply:

I have been advised that:

a) The Department of Small Business Development (DSBD) has an existing partnership with Proudly South African and has intentions to strengthen this collaboration to leverage Proudly SA’s events for greater exposure to the market through exhibitions, provincial business forums, and the facilitation of membership with Proudly SA. DSBD facilitates the linking of products manufactured by small businesses to private sector markets such as retailers, wholesalers and e-commerce platforms under its Market Linkages Programme.

In addition, the Department is currently running Market Expansion Workshops in various Provinces with the aim of fostering collaborations with the Provincial Governments and the private sector to enhance market access opportunities for various industries including the clothing, textile, footwear and leather industries.

Beyond the borders of South Africa, the Department of Small Business Development, together with its agency, the Small Enterprise Development Agency (Seda), runs an Emerging Exporter Development Programme that aims to expose small businesses and co-operatives to international markets through exhibitions, trade fairs, and business-to-business meetings.

Lastly, one of the strategies championed by the Department is to enhance the competitiveness of small businesses to network and collaborate through clustering (or agglomeration) resulting in these businesses accessing bigger market opportunities which they would not have acquired as individual businesses.

b) The Small Enterprise Finance Agency (sefa) through its direct lending channel has several funding programmes that support businesses operating in this sector. The funding enables businesses to operate in an entire value chain from primary production, secondary (processing/manufacturing) as well as tertiary (retail) level. The intervention is packaged as blended finance – which is a combination of loans and grants. The loan part is offered at affordable interest rates. On funding initiatives, Seda continues to play a role on assisting these businesses with access to finance initiatives. This includes pre-funding support, training and mentoring coaching towards being able to access grant funding. Through the Cooperatives Development Support Programme (CDSP) and Asset Assist Programme (AAP), Seda is playing a direct implementation role, and this includes the provision of equipment, tools and stock to businesses in this sector with the objective of increasing growth and sustainability in these businesses with the aim of creating more jobs in this particular sector.

The blended finance programmes are:

1. Small Enterprise Manufacturing Support Programme (SEMSP) – this is targeted at businesses in the manufacturing sector and provides a maximum of R15 million of which 20% is a grant. The grant portion is limited at R2 million, and the loan part is charged a prime interest rate per annum. During the period of April 2020 to September 2024 about R207 million was approved for disbursement to qualifying small enterprises and about 2 250 jobs thus far, have been created through this initiative.
2. Township and Rural Entrepreneurship Programme (TREP) – targeted at supporting businesses in townships and rural areas. The funding limit is R1 million of which 50% is a grant. The grant portion is limited at R100 000, and the loan fetches an interest rate of 5% per annum. It is worth mentioning that the current limit is being reviewed.

Specific programmes/initiatives carried out or being implemented include the following:

1. During the past two (2) financial years, Seda has assisted a total of 4 429 small businesses/entrepreneurs that operate in the clothing and textile sector.
2. A joint training programme conducted with the Cape Peninsula University of Technology (CPUT) and the Al-Waagah Institute of the Deaf whereby training was provided to 10 entrepreneurs in the clothing and textile industry. This also led to a Market Day being held on 24 October 2023 where these clients were given the opportunity to showcase and sell their products.
3. Seda WC Provincial Office collaborated with The FIX (TFG Group) in the Upcycling Fashion Show, which took place on 6 September 2023 at Rooftop on Bree, in Cape Town. Tertiary institutions were selected to showcase their talent. Their collections were made from The FIX's recycled window banner fabrics, which have been used for monthly campaign window decals and have already supplied these fabrics to the designers
4. Seda WC carried out a training project with 25 participants in the clothing and textile sector from Langa (Gugu Sithebe) in partnership with the Sinakho Leadership support and Skills Development Centre in December 2023.
5. Seda WC is currently implementing a training project for 25 disabled women and youth in clothing manufacturing (sewing, garment making and fashion).
6. Seda OR Tambo Branch supported a co-operative named Flagstaff with twenty-six (26) members who are disabled. They received 5-day training on sewing and clothing production.
7. On 25 June 2024, Seda Mangaung Branch in partnership with Yarona Creations hosted a one-day Sewing and Entrepreneurial workshop for twenty (20) unemployed people and hawkers at the Mangaung Branch in Bloemfontein. The objective of the workshop was to provide basic skills in sewing and alterations as well basic entrepreneurial skills so that they may start their own small businesses, create employment and generate revenue.
8. Nkangala Branch is currently supporting thirty-one (31) individuals with a business development programme. The Beneficiaries are currently receiving technical and soft skills training for a period of 12 months, valued at R 382 375 pm. The outcome of the support is that they will be able to manufacture clothes, start and operate their own businesses. The goal is to expand and access international markets. The programme is supported by Loko Sewing School & Training (Main Lead/Initiator), Thungela Mine and Anglo-American Inyosi Coal Mine (Main funder). Loko sewing school and training attended the Export Orientation Course offered by Seda. Seda provided the following support during the current quarter of the 2024/25 financial year: The ISO 9001 Gap Analysis was conducted. The ISO 9001 will be implemented as soon as the identified gaps are closed.
9. The Mahikeng Trade Market project will operate as a manufacturing hub and is now almost ready to house SMME tenants manufacturing durable and semi-durable goods. • The site comprises 23 lettable factory spaces equipped with advanced smart metering technology to optimize energy usage and efficiency. Available factory spaces range from 25m² to 100m² catering for various types of manufacturing enterprises to fit the needs of SMMEs. A total of R8 million is invested in the project.
10. Seda conducted audio visual production on Rea Nubia, a client that is in fashion industry under the ownership of Nolitha Qhuma in Khayelitsha. Nolitha has received embroidery machine through Technology Programme.
11. One of Seda’s client, Harem Consult, Brand: Sari for Change is currently exporting to Sweden and Denmark. The particular interest in sustainable fashion capitals of the world asking, “Who made our clothes?” “What are the conditions around the production?” “How sustainable are we in producing?” These are the questions asked by conscious consumers and is the wave and shift the company is riding on.

Collaborated with Pick N Pay and their dresses are stocked in their stores. Sari for Change also supplies Big Blue with their Winter puffer jackets. This meant they could convert their Cosmo City Hub from domestic to industrial machines and t can now successfully manufacture for local brands. The training stretched them to understand the best practice in local manufacture.

The company showcased at Torino Fashion Week with their client in Sweden. Made in Cosmo City, South Africa to Sweden, to Italy. Their story of sustainable fashion was shared at COP28 in Dubai, handpicked by United Nations as one of 5 small businesses representing globally.

Reply:

(a)What is the average time it takes to have a case heard before a magistrates’ court?

It is not possible to determine how long it will take to have a matter heard before a magistrate court. There are many other independent variables that can affect the pace, such as the availability of witnesses, the judiciary, the prosecution, the legal aid practitioners, water, lights, requests for postponement, etc. the list is inexhaustive.

The Chief Justice is responsible for the establishment and monitoring of norms and standards for the exercise of the judicial functions, including case flow management, in all courts, including the Magistrates’ Courts. In the exercise of this responsibility, the Chief Justice issued Judicial Norms and Standards which indicates the period in which matters should be finalised in the Magistrates’ Courts and these provide the following:

• Finalisation of criminal cases
• The Judicial Officer must ensure that every accused person pleads to the charge

within 3 months from the date of appearance in the Magistrates’ court. To this end Judicial Officers shall strive to finalise criminal matters within 6 months after the accused has pleaded to the charge.

Therefore, criminal matters should be finalised within 9 months and all matters that exceed this period are deemed to be Backlog matters.

(b) What is the current backlog of cases before magistrates’ courts in each of the provinces?

As at end of August 2024, there are nationally 14 683 backlog criminal cases in the District Magistrates’ Courts and 38 234 in the Regional Magistrates’ Courts.

The below table indicates the backlogs in criminal matters per province as at end of August 2024.

District Court
Region	Administrative Region	Outstanding	Backlog	%
Eastern Cape	Administrative Region 1 (Eastern Cape A) Port Elizabeth	9781	1323	13.5%
Eastern Cape	Administrative Region 2 (Eastern Cape B) Mthatha	5084	870	17.1%
Free State	Administrative Region 3 (Free State A) Bloemfontein	4437	327	7.4%
Free State	Administrative Region 4 (Free State B) Welkom	3795	381	10.0%
Gauteng	Administrative Region 05 (Gauteng) Pretoria	2197	310	14.1%
Gauteng	Administrative Region 05A (Gauteng) Johannesburg	11701	2301	19.7%
Kwa-Zulu Natal	Administrative Region 6 (Kwa-Zulu Natal A) Durban	11100	799	7.2%
Kwa-Zulu Natal	Administrative Region 7 (Kwa-Zulu Natal B) Pietermaritzburg	5674	552	9.7%
Mpumalanga	Administrative Region 08 (Mpumalanga) Nelspruit	5621	866	15.4%
North West	Administrative Region 09 (Northwest) Mmabatho	7227	1434	19.8%
Northern Cape	Administrative Region 10 (Northern Cape) Kimberley	3274	328	10.0%
Limpopo	Administrative Region 11 (Limpopo) Polokwane	9089	1098	12.1%
Western Cape	Administrative Region 12 (Western Cape A) Cape Town	10561	1968	18.6%
Western Cape	Administrative Region 13 (Western Cape B) Wynberg	16565	2126	12.8%
DC _Total		106106	14683	13.8%
Regional Courts
Region		Outstanding	Backlog	Percentage
Eastern Cape		5328	2576	48.3%
Free State		3667	1642	44.8%
Gauteng		10320	5963	57.8%
Kwa-Zulu Natal		6305	2957	46.9%
Limpopo		2613	1485	56.8%
Mpumalanga		3405	2200	64.6%
North West		2658	1457	54.8%
Northern Cape		1122	432	38.5%
Western Cape		9077	4839	53.3%
RC Total		44495	23551	52.9%
National Overview		150601	38234	25.4%

(c)What measures have been put in place to make the magistrates’ courts more efficient and accessible?

Judicial Officers, as indicated in (a) above are responsible for case flow management, and have established structures falling under the judicial National Efficiency Enhancement Committee under which fall the following structures:

1. At the court level there is a District Efficiency Enhancement Committees (DEEC) for each district court and headed by the resident magistrate and consists of all criminal justice cluster / sector departments, seeking to find solutions for challenges and blockages in the value chain of court operations.
2. At the provincial level two structures exist seeking similar objectives as those at the local court level. The first is the Lower Court Efficiency Enhancement Committee (LCEEC) headed by the Regional Court President (RCP) and members comprise the Department of Justice and Constitutional Development, the National Prosecuting Authority, the South African Police Service, Chief Magistrate, The Legal Practice Council, State Attorney, Legal Aid South Africa, Department of Correctional Services, and, the Family Advocate. The reports from the LCEEC are routed to the Provincial Efficiency Enhancement Committee (PEEC)
3. The PEEC is a provincial structure headed by the Judge President and the members of the LCEEC are also members of the PEEC but with additional members such as Road Accident Fund, Masters Office, Department of Health, Public Works and Infrastructure and the Judicial Inspectorate for Correctional Services (JICS). The purpose and objectives of the PEEC is to address case flow blockages and seeking resolutions to same.

The Department participates at all levels of the Judicial Efficiency Enhancement Committees as well as the Regional Court Presidents Forum and Chief Magistrates Forum, where blockages to matters being finalised expeditiously are escalated to for solutions.

In addition, the Department monitors the role of court administration in contributing to backlogs by way of causing postponements, for example, the lack of court support (interpreters, intermediaries) etc as well as infrastructure related blockages (power outages, technical equipment failures) etc. These are escalated to national office where speedy resolution of these blockages is sought.

The Provincial Offices have also taken measures to address blockages in their regions at the provincial level. Measures such as:

1. Developing a database of Foreign Language Interpreters
2. Developing a database for Casual Interpreters and training therefore
3. Water tanks have been installed
4. Generators and UPS systems have been installed
5. A service provider is available to log calls for CRT-related challenges
6. SAPS Client-liaison officer have offices on site
7. Morning case flow management meetings are conducted before the courts start to ensure that courts are ready
8. Prosecutors provide a list of witnesses to the court managers on time
9. Bookings for witnesses are done by court managers on time
10. The requisition of prisoners is done on time with SAPS and DCS
11. Ensuring there is at least one Virtual Court Room that allows for receipt of virtual testimony thus avoiding postponements

As on 16 August 2024, 1724 permanently appointed magistrates preside in the various district and regional courts, consisting of 9 Regional Court Presidents, 319 Regional magistrates, 14 Chief Magistrates, 95 Senior Magistrates and 1287 District Magistrates. Where an office of a magistrate is vacant, or a magistrate is on leave, or has been suspended, acting magistrates are appointed on the recommendation of the Regional Court President or the Chief Magistrate, so as to ensure that the relevant magistrates’ courts continue to function optimally.

A Committee on the Rationalisation of the Lower Courts Judicial Establishments has been established by the then Minister of Justice and Correctional Services to, amongst others, asses the judicial establishment of each Regional and District Court, including sub-districts and places of sitting, with a view to ensuring equitable distribution of judicial capacity across all the lower courts. I have been informed that the Committee will soon be in a position to finalise its Interim Report with a view to consult with both external and internal stakeholders. This process, once concluded should further enhance the efficiency of our courts.

The places for the holding of a court in the district courts have been rationalised with a view to make it more accessible and effective. The same rationalisation process for the regional divisions will soon be finalised.