Questions and Replies

Reply:

(1)(a),(b) Yes. Please refer to Annexure A. The list of approved laboratories and their capabilities (scope of tests) is published on the Department of Agriculture, Land Reform and Rural Development’s (DALRRD) website at: http://www.dalrrd.gov.za/Branches/Agricultural-Production-Health-Food-Safety/Animal-Health/Epidemiology/Approved-Laboratories

It should be noted that Government laboratory services is a provincial veterinary mandate. Provinces decide on the location and feasability of maintaining a laboratory as well as the procurement of equipment, reagents and the scope of diagnostic tests. Maintenance of a laboratory that is able to provide diagnostics of an acceptable standard is very expensive; therefore most provinces opt to have only one laboratory. The decision to not provide a service and become inactive is mostly a financial decision, although staff shortages can also play a significant role.

(2) No. DALRRD is not aware of any current backlog in any of the laboratories. SANAS accredited and DALRRD approved laboratories must have a Quality Management System, which also deals with laboratory turn-around time. An average turnaround time for test results at each laboratory is 5 working days but exceptions do exist when test methods may require a longer period to be completed. Examples of these are Tuberculosis and Johne’s disease diagnostics which require a turnaround time of weeks or even months.

(a),(b),(c) Falls away.

3. Yes, some laboratories outsource as not all have the same diagnostic testing scope. Clients are therefore encouraged to ensure that samples are sent to the correct laboratory to minimise the need for outsourcing which could impact on turnaround times and costs. Samples may only be outsourced to laboratories that are accredited and approved for the required diagnostics.

a) The number of samples that were outsourced is not available at national level as it is an agreement between laboratories.

b) Outsourcing will inevitably result in increased costs and longer turnaround times.

c) Currently, all samples sent to the Western Cape Provincial laboratory will be sent to other laboratories as the laboratory is currently being upgraded. Samples are outsourced if specialised diagnostics are required such as sequencing of samples to determine the virus makeup as only a few facilities offer such a specialized and costly service. Examples are Avian Influenza and African Swine Fever. As indicated in (a) above, information on which laboratories were used for outsourcing is not available at national level as it is an agreement between laboratories.

Annexure A to NA-QUES 221 of 2023

STATUS OF GOVERNMENT AND PARASTATAL LABORATORIES

No	Province	Laboratory	Laboratory type	(1)(a),(b) Currently operational and able to conduct clinical tests and not operational	SANAS accreditation
1	Western Cape	Department of Agriculture George State Veterinary Office	Government	Expired/Not active -
2	Western Cape	Department of Agriculture Swellendam State Veterinary Office	Government	Expired/Not active -
7	Eastern Cape	Grahamstown Veterinary Laboratory	Government	SANAS Accredited, DAH Approval pending - Audit Date: 2019-09-18
8	Eastern Cape	Middelburg Provincial Veterinary Laboratory	Government	Expired/Not active -
9	Eastern Cape	Queenstown Veterinary Laboratory	Government	SANAS Accredited, DAH Approval pending -	V0052
10	Free State	Bloemfontein Provincial Veterinary Laboratory	Government	Expired/Not active -
12	Free State	Kroonstad Veterinary Laboratory	Government	SANAS Accredited, DAH Approval pending -	V0044
24	Gauteng	NICD Centre of Emerging and Zoonotic Diseases (CEZD)	Government	Expired/Not active -	M0029B
25	Gauteng	NICD Centre for Respiratory Disease and meningitis (CRDM)	Government	Expired/Not active -	Medical PCR
26	Gauteng	NICD Special Bacterial Pathogens Reference Laboratory (SBPRL)	Parastatal	Expired/Not active -	Medical Micro
27	Gauteng	OVI Meat and Bone Meal (MBM) Laboratory	Parastatal	Suspended -
29	Gauteng	ARC-OVI Transboundary Animal Diseases Programme (TADP)	Parastatal	SANAS Accredited, DAH Approval pending - Audit Date: 2018-09-07	V0034
33	Gauteng	ARC-OVI Tuberculosis Laboratory	Parastatal	SANAS Accredited, DAH Approval pending DAH-55 Audit Date: 2023-02-22
34	Gauteng	ARC-OVI Biotechnology PCR Laboratory	Parastatal	SANAS Accredited, DAH Approval pending DAH-10 Audit Date: 2023-02-21	V0001
35	Gauteng	ARC-OVI Rabies Laboratory	Parastatal	SANAS Accredited, DAH Approval pending DAH-02 Audit Date: 2019-04-03	V0003
36	Gauteng	ARC-OVR Virology Laboratory	Parastatal	SANAS Accredited, DAH Approval pending DAH-46 Audit Date: 2022-09-12	V0001
39	Gauteng	ARC-OVI Bacteriology and Zoonotic Diseases Laboratory	Parastatal	SANAS Accredited, DAH Approval pending DAH-01 Audit Date: 2023-02-15	V0003
40	Gauteng	ARC-OVI Epidemiology Parasites and Vectors Diseases Diagnostic Laboratory	Parastatal	SANAS Accredited, DAH Approval pending DAH-30 Audit Date: 2023-02-14	V0017
45	Gauteng	ARC-OVI BSE Laboratory	Parastatal	Expired/Not active DAH-56 Audit Date: 2019-06-27	V0003
46	Gauteng	ARC-OVI Serology Laboratory	Parastatal	SANAS Accredited, DAH Approval pending DAH-57 Audit Date: 2023-02-16	V0003
52	KwaZulu-Natal	DALRRD Vryheid Veterinary Laboratory	Government	Suspended -	no
54	KwaZulu-Natal	KZN DARD Allerton Provincial Veterinary Laboratory	Government	SANAS Accredited, DAH Approval pending DAH-21 Audit Date: 2022-09-22	V0037
57	Limpopo	DALRRD Lephalale Veterinary Laboratory	Government	Expired/Not active -	no
58	Limpopo	DALRRD Makhado Veterinary Laboratory	Government	Expired/Not active -
59	Limpopo	DALRRD Mokopane Provincial Veterinary Laboratory	Government	Expired/Not active -	no
60	Limpopo	DALRRD Thulamela/Sibasa Veterinary Laboratory	Government	Expired/Not active -	no
61	Mpumalanga	DALRRD Ehlanzeni Veterinary Laboratory	Government	Suspended -	no
63	Mpumalanga	DALRRD Lydenburg Veterinary Laboratory	Government	Suspended -	no
64	Mpumalanga	Department of Agriculture, Rural Development, Land & Environmental Affairs Mpumalanga Provincial Veterinary Laboratory	Government	SANAS Accredited, DAH Approval pending - Audit Date: 2023-01-30	V0041
66	Mpumalanga	DALRRD Skukuza Veterinary Laboratory	Government	Expired/Not active -	no
67	North West	Department of Agriculture and Rural Development Vryburg Veterinary Laboratory	Government	SANAS Accredited, DAH Approval pending DAH-22 Audit Date: 2022-06-21	V0038
68	North West	Department of Agriculture and Rural Development Potchefstroom Provincial Veterinary Laboratory	Government	SANAS Accredited, DAH Approval pending DAH-14 Audit Date: 2022-11-02	V0018
70	Northern Cape	Department of Agriculture, Environmental Affairs, Land Reform & Rural Development (DAELR) Northern Cape Provincial Veterinary Laboratory	Government	SANAS Accredited, DAH Approved DAH-49 Audit Date: 2022-06-21	V0036
73	Western Cape	Western Cape Department of Agriculture Western Cape Provincial Veterinary Laboratory	Government	Voluntary suspension DAH-29 Audit Date: 2018-10-12	V0029
76	Western Cape	DALRRD Beaufort West Veterinary Laboratory	Government	Suspended -	no

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In response to the release of the Green Drop report for 2022, the department issued non-compliance letters to all Water Services Institutions (WSIs) with wastewater systems at critical state (achieved GD score of less than 31%). The non-compliance letters required the WSIs to develop the corrective action plan that will address the issues as identified on the 2022 report.

The department also engaged Local Municipalities within the Mpumalanga province on numerous occasions on the Green Drop (GD) 2022 report findings. This was meant to:

• Encourage those municipalities with wastewater systems that were found to be in a critical state to develop the corrective action plans
• Advise on best practices for wastewater management to improve performance

The department also provided training that was attended by all WSAs in MP to guide, improve and enhance the performance of the WSAs regarding management of the water and wastewater systems. In addition, a working session was held with all the municipal councillors to discuss the outcomes of the GD/BD reports and the poor performance of water & wastewater systems within the province. A commitment to support the GD/BD programme to ensure compliance was made on the date of the session.

The department, in collaboration with provincial Cooperative Governance and Traditional Affairs (COGTA) departments, District Municipalities and South African Local Government Association (SALGA), continues to strengthen engagements with municipalities to ensure that the WSAs manage water and wastewater systems in a sustainable way to protect the water resources and improve service delivery to the communities.

A Water Service Task Team has been established with all WSAs in Mpumalanga Province to address several critical factors caused by lack of capability to manage, operate, and maintain infrastructure. Other critical matters to be addressed by the Task Team include the following:

• • Financial planning, budgeting, and expenditure
• Procurement processes
• Lack of preventative maintenance
• Poor capacity management
• Poor effluent quality

Furthermore, the department continues to monitor the performance of all water/wastewater systems within the province annually to ensure compliance with the Water Services Act and National Water Act. When there are failures to comply with the requirements of legislation, the department is compelled to initiate enforcement action against the WSAs.

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Reply:

1. (a) (i) I have been informed that travel costs for the four board members amounted to R523 274.97, as indicated in NA PQ 367.

(ii) What total number of board members

(aa) Four (4) board members travelled,

(bb) Seven (7) board members did not travel.

(b) SA Tourism indicated that four members are the chairpersons of the sub-committees of the Board, led by the Chairperson.

2. (a) I was not part of any aspect of the discussions as I am new to the portfolio. However, records of the Tourism Portfolio Committee of 07 February 2023 indicate that the former Minister did inform the Committee that she was not involved. Furthermore, the Deputy-Minister indicated that he was not involved.

3. 31 January 2023

Reply:

a) I have been informed that SA Tourism has engaged the Airlines Association of Southern Africa (AASA), which is the leading representative airline organisation within Southern Africa.

AASA works together with leaders of the aviation industry and senior public and government officials on policy, regulatory, planning, operational, safety, security and financial matters affecting the overall profitability of the airlines and their continued sustainability.

The purpose of the engagement was to explore possible collaborations on knowledge sharing.

There has also been improved engagement opportunities with international airlines through the various Air Access committees i.e., Cape Town Air Access, Durban Direct Air Access and Gauteng Air Access where the teams formulate possible incentive programmes for reducing operational costs.

Airline pricing is complicated, and airlines are doing their best to offer the best fare. The reality is that operating costs have substantially increased over the past 12 months due to the cost of jet fuel, amongst other factors.

Other costs have increased due to exchange rates of the Rand versus stronger currencies and airlines maintain aircraft leases and agreements with external suppliers.

b) SA Tourism forms part of the Air Access structures i.e., Cape Town Air Access, Durban Direct Air Access and Gauteng Air Access.

These structures play a key role of lobbying and advocacy for airlines to consider expanding their routes across key local destinations and to add frequencies on existing routes.

The role extends to working with airlines to consider special offers as part of the domestic tourism promotion activities they conduct.

The decision to introduce new airlines lies with airlines directly, based on economic factors and available slots which are issued by the Department of Transport.

Reply:

(1) No criminal charges were brought against any officials at this stage as the arbitration processes are still ongoing and the outcome of the arbitration may strengthen any criminal case that the Department would institute.

(2) No money has been recovered from officials thus far.

 

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a) I have been informed by the Department

2019/20 Financial Year

(aa) What are the details of the legal work that was undertaken	(bb) What are the reasons in each case	(cc) What were the outcomes of each matter	(dd)What were the total costs incurred in each matter?
Jean-Pierre Klein t/a SA Online and Entertainment Vs. Minister of Tourism: State Attorney was instructed to defend the Action and a Notice of Intention to Defend was served on the Plaintiff and filed at court by the State Attorney. A Plea was filed and the Plaintiff applied for a Summary Judgment, which was dismissed by the court. Parties have exchanged pleadings and Plaintiff has not taken the matter any further.	Jean-Pierre Klein t/a SA Online and Entertainment brought an action against the Department claiming payment of the amount of R41 040-00 (Forty-One Thousand and Forty rand), alternatively damages suffered in the sum of R41, 040-00 arising from alleged breach of contract by the Department. The claim arises out of a contract entered into with the Department whereby services of the Programme Director were required by the Department for a function. State Attorney was instructed to defend the Action and a Notice of Intention to Defend was served on the Plaintiff and filed at court by the State Attorney. A Plea was filed and the Plaintiff applied for a Summary Judgment, which was dismissed by the court. Parties have exchanged pleadings and Plaintiff has not taken the matter any further.	Litigation in progress.	No costs paid
2. Nkuna Lucky vs. Minister of Tourism: The Department has filed a Notice of Intention to Defend the matter. A Plea has been served and filed. Pleadings closed and waited for date of hearing.	Mr Nkuna is an official of the Department and has brought a claim against the Minister for defamation of character by an official of the Department, who is Plaintiff’s supervisor. The Department has filed a Notice of Intention to Defend the matter. A Plea has been served and filed. We are waiting for progress report from the office of the State Attorney with regards to the status of the pleadings and date of hearing.	Matter finalised. Court ordered against the Department.	No costs paid
3. OD Mokoena and Another vs. Minister of Tourism and Another: The Department opposed an Application which was set-down and postponed sine die.	Claim against the Department to interdict the Minister and the Gauteng Tourism Authority from implementing the Tourism Safety Monitors/ Tourism Ambassadors Project at Vilakazi Street, Gauteng. The Applicants claim that the project is their brainchild.	Litigation in progress	No costs paid
4. G Esitang vs. Department of Tourism and Another: The Department filed an Application to the Labour Court to review the decision of the GPSSBC. The Department was of the view that the award of the GPSSC was reviewable on the basis that the Arbitrator misdirected himself on legal aspects of the appointment and also that the Arbitrator’s Award was vague and not capable of being implemented. Review Application was heard on 2 November 2017 and our Application was dismissed with costs	The Applicant referred for arbitration the decision of the Department to not shortlist him for the advertised position of the Director: Labour Relations. The Applicant sought an order from the General Public Service Sector Bargaining Council (GPSSBC) that he be appointed or compensated for the loss that he suffered as a result of the decision of the Department not to shortlist him for the position. At the GPSSBC, an order was made that the Department pay him twelve (12) months’ salary of the position he applied for as compensation. The Department filed an Application to the Labour Court to review the decision of the GPSSBC. The Department was of the view that the award of the GPSSC was reviewable on the basis that the Arbitrator misdirected himself on legal aspects of the appointment and also that the Arbitrator’s Award was vague and not capable of being implemented. Review Application was heard on 2 November 2017 and our Application was dismissed with costs. The court held that the Respondent be compensated the difference between the salary he receives and the salary he would have received, had he been promoted to the position of Director: Labour Relations and Employee Health and Wellness. The compensation to be limited to 12 months. The Department has satisfied the court judgment by effecting payment to the Applicant on 5 July 2019.	Labour court ordered against the Department for payment of R175 009.00.	R221 822.00
5. Gordon Darrol du Preez t/a Gordon Builders vs. Minister of Tourism: The Department instructed the State Attorney to defend the matter and a Notice of Intention to Defend was served on the Plaintiff and filed at Court by the State Attorney on 12 September 2016.	Action against the Minister claiming for damages the plaintiff allegedly suffered as a result of not being awarded a tender by MBB, who has been appointed by the Department to implement one of its projects for social responsibility. The Department received Summons from Gordon Builders, which was served at State Attorney, Port Elizabeth. The Department instructed the State Attorney to defend the matter and a Notice of Intention to Defend was served on the Plaintiff and filed at Court by the State Attorney on 12 September 2016.	Judgment in favour of the Department was delivered on 25 April 2019 including costs.	R336 814.42
6. Lefa la Tshepo Projects (Pty) Ltd vs. Minister of Tourism and Another: To defend a claim against the Department.	To defend a claim against the Department for supply of shortfall of the material.	Department lost the case	No costs paid
7. J. van der Merwe and 5 Others vs. Minister of Tourism and Others: Defend the matter and raised a Special Plea that the Minister of Tourism is not a competent authority to be sued.	The Plaintiffs allege that they were unlawfully arrested by game rangers at the Makuya Nature Reserve for allegedly trespassing. The Plaintiff issued Summons against several Defendants, including the Minister of Tourism. We are defending the matter and raised a Special Plea that the Minister of Tourism is not a competent authority to be sued. We instructed the State Attorney to request Plaintiff’s attorney to withdraw their claim against our Minister based on our Special Plea. The State Attorney indicated that he is of the opinion the Plaintiffs will not withdraw the action against our Minister but indicated that he will ensure that no order is made against the Minister. Despite the Department having instructed the State Attorney to apply for the dismissal of Plaintiffs’ claim with costs in the event Plaintiffs did not withdraw their claim against the Minister, we are however mindful that there are numerous government departments sued by the Plaintiffs and it may not be in our best interest to lodge an Application for Dismissal of the Claim on our own. We are following on the matter to ensure that the interests of the Minister are protected.	Case was written off from litigation report	No costs paid
8. Minister of Tourism vs. Bonwelong Skills Development CC, Mr Inama and Nedbank Pty Ltd: Department filed and Urgent Application to have the Bank Accounts of Bonwelong Skills Development frozen. An Interim Order was granted with Return Date on Rule Nisi.	Litigation initiated to recover the money owed to the Department.	Litigation in progress	No costs paid
9. Minister of Tourism vs. Been Around GP Advert Consulting CC: Department issued summons against Been Around for a refund for money paid to finish a project and failed to account.	Recovery of the amount owed to the Department	Litigation in progress	No costs paid
10. Minister of Tourism vs Wings Naledi: Department issued summons against Wings Naledi to account on the amount of refunds and cancellation issued. Pleadings were exchanged	Claim by Department for failure to account on the use of the Department’s credit card for payment of travel arrangement services.	Litigation in progress	No costs paid
11. Minister of Tourism vs. KA Morritt/ Morritt CC: Summons were issued and served on the Defendant.	Claim by the Department based on a collision between a departmental vehicle and a vehicle belonging to and/ or driven by KA Morritt.	Litigation in progress	No costs paid

2020/21 Financial Year

(aa) What are the details of the legal work that was undertaken	(bb) What are the reasons in each case	(cc) were the outcomes of each matter	(dd)What were the total costs incurred in each matter?
1. Department of Tourism v Been Around GP CC: Litigating on behalf of the Department, including, perusal of documents; consultations and drafting court papers.	To issue and serve Summons against the Defendant to recover the amount owed to the Department.	Matter is withdrawn	No costs paid
2. Minister of Tourism vs. Wings Naledi: Department issued summons against Wings Naledi to account on the amount of refunds and cancellation issued. Pleadings were exchanged	Claim by Department for failure to account on the use of the Department’s credit card for payment of travel arrangement services.	Litigation in progress	No costs paid
3. Minister of Tourism vs. Corporate Skills Development Services: Application was filed to set aside the award of a tender and have the contract declared null and void abinitio.	Claim by Department for the irregular award of a tender to Corporate Skills Development Services.	Litigation in progress	No costs paid
4. Minister of Tourism vs. KA Morritt/ Morritt CC Summons were issued and served on the Defendant and Pleadings exchanged.	Claim by the Department based on a collision between a departmental vehicle and a vehicle belonging to and/ or driven by KA Morritt.	Litigation in progress	No costs paid
5. Minister of Tourism vs. Bonwelong Skills Development CC and Mr Inama: Department filed and Urgent Application to have the Bank Accounts of Bonwelong Skills Development frozen. An Interim Order was granted with Return Date on Rule Nisi. Summons have been issued and served on Bonwelong.	A claim for money paid in advance to Bonwelong for the implementation of the Hospitality Youth Programme in respect of Limpopo and North West Provinces. Bonwelong cancelled the Agreement with the Department but failed to pay back the advanced payment. Summons have been issued and served on Bonwelong.	Litigation in progress	No costs paid
6. Second Generation Consulting t/a Rivers vs. Minister of Tourism: For perusal of the summons, consultations with client and instruction to the Office of the State Attorney to file Notice to Defend on behalf of the Department, Filed Notice of Intention to Defend the matter, investigated the claim to determine prospects of success and advised the Minister on same. Recommended settlement out of the court, settlement approved by the Minister. Concluded and signed a settlement agreement with the Plaintiff that the matter be settled out of the court.	Claim against the Department for breach of contract entered into between the Department and the Plaintiff. It is alleged that the Department failed to honour and comply with its payment obligations as provided for in the agreement.	Litigation in progress	No costs paid
7. David D Mokoena and Another vs. Minister of Tourism and Another: Perusal of pleadings, consultation with client, drafting of pleadings and appearing in court on behalf of the Department.	Claim against the Department to interdict the Minister and the Gauteng Tourism Authority from implementing the Tourism Safety Monitors/ Tourism Ambassadors Project at Vilakazi Street, Gauteng. The Applicants claim that the project is their brainchild.	Litigation in progress	No costs paid
8. Solidarity Trade Union v Minister of Small Business Development, Minister of Tourism and others Afriforum v Minister of Tourism and others: To defend the Applications, including, perusal of documents, consultations, research, drafting of documents, court appearance and preparation of legal opinions.	Applicants brought an urgent application to force the Respondents to provide access to certain information regarding various Funds established by government as a result of Covid-19 including the Tourism Relief Fund. The second part of the application is for an order to interdict the Ministers responsible for the various Funds to use the criteria that are allegedly discriminatory in terms of race.	Litigation in progress	No costs paid
9. Greenshoots Project & Consulting vs. Minister of Tourism & Others: No legal work was under taken and case was withdrawn.	The Applicant is challenging the procurement process of South African Tourism.	Case withdrawn	No costs paid

2021-2022

(aa) What are the details of the legal work that was undertaken	(bb) What are the reasons in each case	(cc) What were the outcomes of each matter	(dd) What were the total costs incurred in each matter?
10. Solidarity and another v Minister of Tourism TEF & TRF: To defend the Applications, including, perusal of documents, consultations, research, drafting of documents, court appearance and preparation of legal opinions.	This was an urgent application to interdict the implementation of the Tourism Equity Fund by the Department. Continued litigation.	Litigation in progress.	Junior Counsel’s fees: R99 791.25 Plus Senior Counsel’s fees: R299 718.75 Total: R339 510.00
11. Lefa La Tshepo Projects v Minister of Tourism: To defend a claim against the Department.	To Department appealed the decision of the Court.	Judgment was against the Department and matter is finalised.	R43 500.00
12. Second Generation t/a 24 Rivers vs Department of Tourism: For perusal of the summons, consultations with client and instruction to the Office of the State Attorney to file Notice to Defend on behalf of the Department, Filed Notice of Intention to Defend the matter, investigated the claim to determine prospects of success and advised the Minister on same. Recommended settlement out of the court, settlement approved by the Minister. Concluded and signed a settlement agreement with the Plaintiff that the matter be settled out of the court.	Litigation to defend alleged breach of contract by the Department.	The matter was settled out of court.	R 71 353.12 was legal fees.
13. Minister of Tourism vs. Bonwelong Skills Development CC: Litigating on behalf of the Department, perusal of documents; consultations and drafting court papers. Service of combined summons by Sheriff.	Litigation initiated to recover the money owed to the Department.	Ligation in progress.	R10 553.19
14. Department of Tourism v AIMS & Nombo Mabhele: Litigating on behalf of the Department, including, perusal of documents; consultations and drafting court papers.	Litigation to recover money from the implementers of Social Responsibility Projects.	Litigation in progress.	R99 000.00
15. Department of Tourism v Been Around GP CC: Litigating on behalf of the Department, including, perusal of documents; consultations and drafting court papers.	To issue and serve Summons against the Defendant to recover the amount owed to the Department	Matter is withdrawn	R82 150.00

2022 – 2023

(aa) What are the details of the legal work that was undertaken

(bb) What are the reasons in each case

(cc) What were the outcomes of each matter

(dd) What were the total costs incurred in each matter?

1. Solidarity Afriforum vs Minister of Tourism TEF & TRF: Continuation of litigation, including, drafting court papers: court appearances	Consultations, court appearances, etc.	Litigation in progress	Not Audited
2. Lefa La Tshepo vs Minister of Tourism: Consultations; drafting court papers, preparation for trial and court attendances.	Litigation to defend a claim against the Department for supply of shortfall material.	Judgment was against the Department and matter is finalised.	Not Audited
3. Second Generation t/a 24 Rivers vs Department of Tourism): Perusal of the summons, consultation with the client and instruction to the Office of the State Attorney to file Notice to Defend on behalf of the Department, filed Notice of Intention to Defend the matter, investigated the claim to determine prospects of success and advised the Minister on same. Recommended settlement out of the court which same was approved by the Minister. Concluded and signed the settlement agreement with the Plaintiff that the matter accordingly settled out of court.	Litigation for alleged breach of contract by the Department.	The matter has been settled out of court, and the settlement agreement was concluded for the Department to pay the Plaintiff an amount of R 544 000-00 instead of R732 519-22, which was originally claimed in the summons.	Not Audited
4. Amathemba Skills vs Minister of Tourism: Litigation on behalf of the Department including, issuing summons, drafting pleadings on behalf of the Department.	Litigation costs for consultations and drafting court papers, amongst others	Litigation in progress	Not Audited
5. David D Mokoena vs Minister of Tourism and other: Perusal of pleadings, consultation with client, drafting of pleadings and appearing in court on behalf of the Department.	To defend a claim against the Department for alleged copyright infringement by the Department’s Implementer, GTA.	Litigation in progress.	Not Audited
6. Minister of Tourism vs Nombo: Litigation against the Department, including, issuing summons to recover money due to the Department.	Failure to perform in terms of the signed contract	Litigation in progress	Not Audited
7. Umbuso Training Services (Pty) Ltd vs The Member of the Executive Committee, Department of Tourism: Defending the claim, which included, consultation; drafting court documents including Counter Claim.	A claim for damages arising from breach of contract.	Litigation in progress.	Not Audited
8. Chef’s Warehouse Canteen & Wine Bar and others v Minister of COGTA and Others: Litigation including: consultations; perusal of documents; preparations of memorandum of advise to Minister; preparation of the Answering affidavit for the Minister of Tourism; Perusal of Replying affidavits and heads of argument.	To advise and draft all relevant court papers, including representing the Minister of Tourism in the Court Application.	The application has been withdrawn	Not Audited
9. Minister of Tourism v Audrey Phindile Mathonsi: For service of summons upon the Defendant by the Sheriff.	Litigation to recover money owed to the Department.	Claim written-off	Not Audited
10. Minister of Tourism vs. Wayne Smith and Associates & Wayne Smith: To issue and serve Summons against the Defendant to recover the amount owed to the Department.	Litigation to recover the amount owed to the Department.	Litigation in progress.	Not Audited

b) EXPENSES ON LEGAL ACTIVITIES UNDERTAKEN BY SA TOURISM

(i) in the past three financial years and (ii ) and since 1 January 2023

2019/20 Financial Year

(aa) What are the details of the legal work that was undertaken	(bb) What are the reasons in each case	(cc) What were the outcomes of each matter	(dd)What were the total costs incurred in each matter?
1. GODFEY GWELE Unfair Dismissal- SAT dismissed Godfrey Gwele (Employee) on the 27 February 2017 and the latter subsequently instituted CCMA proceedings against SAT	On 23 February 2019 the CCMA issued an arbitration award in favour of the Employee ordering reinstatement. SAT then proceeded to institute a review application at the Labour Court. The Labour Court then referred the matter back to the CCMA for determination of fairness of dismissal. On 19 March 2020 the CCMA issued an arbitration award in favour of SAT. The Employee has referred the matter to the Labour Court again on 03 August 2020. A replying affidavit was filed on 21 December 2020. Annual salary- R 1,247,750.00	The Applicant failed to set down the matter within the required timeframe, and SAT has decided to take no further action until a date for set down is confirmed.	R 1,263,763.70
2. Brian Monare Unfair Dismissal & Breach of Contract	1. Brian Monare was employed on a fixed term contract from 1 Feb 2010 to 31 January 2015. 2. On 30 September 2010 he was dismissed by SAT following a disciplinary hearing. 3. On 17 November 2010 he referred the matter to the CCMA and an arbitration award was granted in his favour on 31 August 2011. 4. On 13 October 2011 SAT took the arbitration award on review to the Labour Court and on 31 March 2014 granted judgement in favour of SAT finding that the CCMA lacked jurisdiction to entertain the matter. 5. On 11 November 2015 Brian Monare appealed to the Labour Appeal Court which found in his favour and ruled that the CCMA order be honoured, however by then his employment contract had already expired and he could not be reinstated. 6. On 18 November 2016 SAT upon receiving Brian Monare’s statement of claim responded and raised a special plea of prescription and after replication by Brian Monare the matter was set down for trial in the Labour Court. 7. On 2 May 2019 the Labour Court granted judgement in favour of Brian Monare which prompted SAT to apply for leave to appeal on 5 July 2019 and the matter was set down for hearing by the Labour Appeal Court on 27 August 2020.	On 22 October 2020, the Labour Appeal Court (LAC) handed down judgment against SAT on this matter. SAT was ordered to pay the applicant £257 550.42 plus interest calculated from the date on which each salary fell due. SAT was also ordered to pay the applicant’s legal costs. In total excluding legal costs, SAT is liable to pay the applicant an amount of £559 262.94. Mr Monare’s claim has been settled.	R1 387 589.46
3. Joe Public (Pty) Ltd	Review Application- Application to declare Tender no. SAT 162/19 unlawful.	Application dismissed with costs in favour of SAT with costs order.	R342,708.00

2020/21 Financial Year

(aa) What are the details of the legal work that was undertaken	(bb) What are the reasons in each case	(cc) were the outcomes of each matter	(dd)What were the total costs incurred in each matter?
1. GF ANGILERI & 24 OTHERS Pleadings closed, awaiting date of set down.	Breach of Contract- Tourism Grading Council of South Africa (TGCSA) Assessors alleged that the TGCSA breached the Assessor Service Provider Contract by unilaterally extending the membership of its establishments by a further period of 6 months due to covid-19 pressures. They argue that the change prejudiced them in that they would lose their right to grading the establishments in the extended period. The matter was then heard by an Arbitrator who ruled in favour of the TGCSA. Claim- R 6,130,471.14	Application dismissed with costs in favour of SAT.	R 1,321,568.43
2. GREENSHOOTS PROJECTS & COMMUNICATIONS (PTY) LTD- Pleadings stage.	Review Application- Application to review the awarding of SAT Tender 162/19 by the Applicant. No damages sought against SAT but the applicant seeks a cost order against any party opposing the application on a punitive scale and alternatively, a personal cost order against responsible officials.	SAT Court papers served and filed, however the Applicant has failed to serve and file their Replying Affidavit and set the matter down for trial. SAT is waiting for the Applicant to move the application.	R 149,240.00
3. Thomas Bouwer	Unfair Labour Practice- 1. On 24 January 2020, the Applicant instituted proceedings at the CCMA for unfair labour practice relating to the payment of early retirements benefits in the form of medical contributions. 2. On 19 March 2020 the CCMA issued an arbitration award in favour of SAT dismissing the application. 3. Mr Bouwer took the award on review to the Labour Court on 7 May 2020 which was subsequently dismissed.	Application dismissed in favour of SAT.	R250,000.00

2021-2022

(aa) What are the details of the legal work that was undertaken	(bb) What are the reasons in each case	(cc) What were the outcomes of each matter	(dd) What were the total costs incurred in each matter?
1. SWIFT THINKING (PTY) LTD- Pleadings closed, awaiting date of set down.	Review Application- The CEO of SAT in 2020 (Mr. Sisa Ntshona) contravened SAT's procurement processes by irregularly appointing the Respondent to provide services relating to international visitor tracking portal, techhub covid-19 tracking and data capturing. Furthermore, the CEO acted beyond his limits per DOA. In light of this, the Board of SAT had taken the matter on review for an order declaring the appointment unlawful and return of monies paid by SAT. Contract Value- R14,214,000.00 (only claim amount paid- R 8,169,109.40)	Litigation in progress.	R 1 728,475.15
2. LETSEMA CONSULTING AND ADVSORY (PTY) LTD- Pleadings closed, awaiting date of set down.	Review Application- The CEO of SAT in 2020 (Mr. Sisa Ntshona) contravened SAT's procurement processes by irregularly appointing the Respondent to provide services relating to International Tourism Sector Recovery Strategy, Enterprise Programme Management and SAT Institutional Architecture Programme. Furthermore, the CEO acted beyond his limits per DOA. In light of this, the Board of SAT has taken the matter on review for an order declaring the appointment unlawful and return of monies paid. Contract Value- R10,130,269.59	Litigation in progress.	R 1,750,695.61
3. WAVELA MTHOBELI Unfair Dismissal-	Unfair Dismissal- Employee was employed as a Strategic Officer and was dismissed pursuant to a disciplinary enquiry on account of insolence. The employee referred the matter to the CCMA claiming reinstatement, which matter was opposed by SAT. The CCMA Arbitrator ruled in favour of the employee. SAT has, after considering its prospects of success, elected to apply to the Labour Court for the CCMA Award to be reviewed and set aside. Annual salary- R 1,451,115.38	The parties entered into a settlement agreement to severe the employment relationship.	R 200,000.00

2022 – 2023

(aa) What are the details of the legal work that was undertaken	(bb) What are the reasons in each case	(cc) What were the outcomes of each matter	(dd) What were the total costs incurred in each matter?
1. ALFRED TLABUKWE MASEMENE- Pleadings stage.	Unfair Dismissal- Employee was employed as a Sourcing Specialist who was dismissed on account of gross misconduct pursuant to a disciplinary hearing. Employee referred the matter to the CCMA which ruled in favour of the Employer- SAT. At present the employee has taken the decision of the CCMA Arbitrator to the Labour Court which SAT is opposing. Annual salary- R 576,418.66	Litigation in progress.	NIL
2. BLUEPRINT GROUP Pleadings Stage	Review Application- The Applicant has instituted proceedings against SAT relating to SAT's refusal to grant access to records relating to SAT Tender- 182/20- Africa's Travel Indaba and Meetings Africa 2021-2023- Exhibition Management Company (Synergy Business Events and Exhibitions). Claim- Cost of suit	Litigation in progress.	NIL

Reply:

1. A Response to the 2022 & 2023 Floods in the Eastern Cape
   1. In the Eastern Cape Province, the April 2022 disaster affected 4799 households wherein 2959 houses were destroyed, and the remainder were partially damaged. Households affected were mainly in OR Tambo; Alfred Nzo; Joe Gqabi; Chris Hani; Amathole Districts
   2. Because the partially destroyed homes were made up of mud houses, they are considered as requiring a total rebuild. The HDA completed the assessment of partially damaged houses in Alfred Nzo and OR Tambo regions and the report indicates that all those houses must be replaced with a permanent solution. Those households that are destitute would in the meantime receive TRUs.
   3. In the 2022/23 financial year, the Eastern Cape Province was allocated an amount of R84 million to address disaster incidents in the affected municipalities. The second tranche of R42 million will be disbursed once expenditure on the first tranche reaches 80%.
   4. To date, 931 Temporary Residential Units (TRUs) have been completed [435 units in Alfred Nzo and 496 units in OR Tambo Districts]. The HDA has appointed contractors to erect a further 1141 TRUs in OR Tambo, Chris Hani, Amathole and Joe Gqabi District Municipalities.
   5. In the 2022/23 financial year, the National Department of Human Settlements also approved an application from the Alfred Nzo District Municipality for the December 2021 disaster to the value of R16 million for the construction of 258 TRUs. 50% of funds (R8,3 million) were transferred in July 2022 however, thus far, only 47 Temporary Residential Units have been constructed.
   6. The reported reasons for the slow progress are heavy rainfall experienced in the affected areas and inaccessibility of sites due to terrain, inability of material suppliers to keep-up with the demand for the supply of the TRU wall cladding panels.
   7. In February 2023 the province was affected by heavy rains again. Assessment is underway. The Department of Human Settlements is in continuous discussions with the Province through the Joint Operations Committee to ascertain the number of households that require housing assistance and submit its application for evaluation, processing and approval of funding prior to the end of this financial year, or the province could reprioritise human settlements funding to address temporary housing for the affected households. The floods affected the following municipalities: Dr AB Xuma, Sakhiziswe, Emalahleni, Intsika Yethu and Enoch Mgijima.
   8. The Enoch Mgijima District Municipality has established a Joint Operations Committee with sector departments and other relevant stakeholders. The affected households that were mainly from the surrounding informal settlements were relocated to mass care centres around Queenstown, with the main one being the Gali Thembani Centre. An on-site inspection of the facility was conducted. It was established that the facility is of good quality and households are accommodated in family rooms with privacy. The province reported that of the 227 households accommodated at the facility. Plans are afoot to provide the households with TRUs in a site that has been utilised for TRUs during COVID19 relocation project.

b) A response to 2022 & 2023 Floods in Gauteng

1. The Gauteng floods affected 3188 households where the majority was in the City of Johannesburg. The affected households in CoJ are 3096 where 2322 houses were partially destroyed. The West Rand District has 29 houses affected, where all were partially destroyed. Sedibeng District has 63 affected houses, where 25 were partially destroyed.
2. A physical assessment and verification for all partially damaged houses is being finalised by the NHBRC. An application for funding shall be submitted as soon as this process is finalised. This will focus on assisting households on the repair of houses.

Reply:

a) The salary scales for top executives within entities of the Department of Water and Sanitation are as follows:

Entities	Chief Executive officer R’00	Chief Financial Officer R’00	Chief Operations Officer / General Manager R’00
Magalies Water	2 338 000	1 705 000	1 546 000
Umgeni Water	2 601 000	2 601 000	2 033 488
Mhlathuze Water	3 600 000	2 268 106	1 900 000
Bloem Water	2 289 757	2 840 705	2 647 330
Overberg Water	2 288 915	2 030 952	1 856 362
Rand Water	4 400 000	3 401 000	3 418 000
Amatola Water	2 200 000	2 032 000	2 594 000
Lepelle Northern Water	2 118 376	1 928 511	1 483 723
Breede-Gouritz Catchment Management Agency	1 715 005	1 715 005	-
Inkomati-Usuthu Catchment Management Agency	2 228 264	1 751 431	-
Water Research Commission	3 200 000	3 150 148	2 828 619
The Trans-Caledon Tunnel Authority (TCTA)	6 019 228	3 733 803	4 531 200

b) None of the entities mentioned above pay any of the executives for attending meeting outside of their all-inclusive benefits.

---00O00---

Reply:

1. 

• The Accelerated School Infrastructure Delivery Initiative (ASIDI programme) was launched in 2012.  The inappropriate material sub-programme of ASIDI focussed on the replacement of schools made entirely of inappropriate materials.  At present, there are 331 schools on this sub-programme.  We are proud to announce that 315 such schools have now been replaced.
• The water supply sub-programme of ASIDI focussed on schools that reportedly had no water supply. At present, there are 1272 schools on this programme.  We are proud to announce that water supply projects at 1259 have progressed to practical completion.
• The electricity supplies sub-programme of ASIDI focussed on schools that reportedly had no electricity supply.  At present, there are 373 schools on this programme.  We are proud to announce that all 373 have now been served with electricity.
• The sanitation sub-programme of ASIDI focussed on schools that reportedly had no toilets.  At present, there are 1053 schools on this sub-programme.  We are proud to announce that all 1053 such schools have now been served with appropriate toilets.
• The Sanitation Appropriate For Education (SAFE programme) was launched in 2018.  This programme focussed on schools’ dependent on basic pit toilets.  The initial scope was 3898 schools.  As with ASIDI, there were some small and unviable schools that were closed, while other schools were added to the list as better information became available.  At present, there are 3357 schools on this sub-programme.  We are proud to announce that 2474 of the 3357 schools have now been served with appropriate toilets.
• Between ASIDI and SAFE, about 55 000 appropriate toilets were constructed at schools.  The sanitation projects at the remaining schools on the SAFE programme are all scheduled for completion in 2023/24.
• A high level analysis of growth in learners’ numbers revealed the following:
• FS : Constant growth of 1% over last 10 years
• EC : Average decline of 0.5% over last 10 years (1% decline over last 5 years)
• GP : Average growth of 2.5% over last 10 years (2% growth over last 5 years)
• KZN : Virtually no growth over last 10 year
• LP : Average growth of 0.5% over last 10 years (declining)
• MP : Constant growth of 1% over last 10 years
• NC : Constant growth of 1% over last 10 years
• NW : Average growth of 0.5% over last 10 years (declining)
• WC : Average growth of 2% over last 10 years (2.5% growth over last 5 years)
• Refinement of the analysis are ongoing to differentiate between:
• Over-crowding in Primary schools & secondary schools
• Over-crowding in Rural schools & urban schools
• A high-level analysis of the backlog in classrooms was determined based on the following:
• Learner numbers from EMIS (2021)
• Existing classroom number provided by Provincial Departments
• Preliminary indications are the following:
• More than 8 000 schools, there seems to be a shortage of classrooms.
• A total of 70 000 additional classrooms may be required.
• A capital investment of R44 billion may be required (Based on conventional implementation strategies).

2. The Hon Member will have to clarify what satellite schools are. 

Reply:

The 14th BRICS Summit, held on 23 June 2022, adopted the BRICS Beijing Declaration. In paragraph 73, BRICS Leaders supported promoting discussions among BRICS members on a BRICS expansion process. BRICS Leaders stressed the need to clarify the guiding principles, standards, criteria and procedures for this expansion process on the basis of full consultation and consensus.

The Islamic Republic of Iran and the Kingdom of Saudi Arabia together with other countries have expressed an interest to join the BRICS formation.

At this stage, there is no common BRICS understanding on what process potential candidates should follow to officially apply for admission to BRICS and no common understanding on what standards and criteria should be taken into account when considering potential candidates.

Discussions among BRICS members to clarify the guiding principles, standards, criteria and procedures for a BRICS membership expansion process will continue in 2023. The outcomes of these discussions will provide clarity on the procedures to apply for admission to join BRICS. The outcomes will further provide clarity on the guiding principles, standards and criteria to be applied by BRICS members in the consideration of potential candidates to join BRICS.

 

Reply:

The Department of Basic Education (DBE) is responsible for the development of the National Catalogue for textbooks. Provinces procure and deliver LTSM to schools, including stationery. All provinces reported 100% delivery of the ordered stationery to schools during the weekly meetings. Further details regarding the delivery of Stationery to schools should be directed to the respective provinces.

Reply:

(a) The elderly, frail, pregnant mothers, mothers with babies and learners in school uniform are always identified from the queue by the staff and brought in front on the queue.

(b) Yes, the service provider trains all guards deployed in our offices and the office managers are also instructed to brief the guards regularly on how to interact with clients.

END

Reply:

According to the Information received from Eskom.

(1)

The quality of coal exported by South Africa is completely different to that utilised by Lethabo Power Station. Lethabo Power Station was designed to run on approximately 16 CV coal (low-grade coal) while the coal quality typically exported ranges from 22 CV to 27 CV (higher-grade coal). The adjacent tied cost-plus mine has enough coal to supply the burn requirements for the power station.

From around 15 February 2023, the coal supply from New Vaal Colliery (NVC) to Lethabo Power Station began to reduce significantly because of several unexpected challenges.

• Mine production had decreased because of the following:
  • Rain – the mine recorded 186,5 mm of rain from 1 February to 14 February 2023.
  • The flooding of the Vaal River and the subsequent increase in the river level affected the safety risks on one of the mining faces close to the river. The coal seams being mined were below the increased river level. This created a scenario where it could have been potentially catastrophic if the risk of flooding materialised. The mine had to manage this risk responsibly.

The second mining face was inaccessible because the ramps used by the haul trucks to access the mining pits were flooded. Additional time was also required to construct new ramps to access this coal.

• • This meant all coal required by the station had to be reclaimed from the coal stockyard. During the rainy season, the mine and power station keep live stockpiles at around 10 days of station burn requirements as a mitigation against continual rain. The opening balance of live coal on the strategic stockpiles was approximately nine days (total stock days were more than 30 days). Because of the continuous rain during February, this nine day of stock was steadily being depleted. To replenish this, coal needed to be reclaimed from the strategic stockpiles and moved to the stockpiles, which are 150 m to 200 m away. The continuous rain resulted in the stockpiles getting extremely wet with the mine loading wet coal on the conveyor belts, which was blocking the chutes and transfer points of the conveyor belts (coal becoming sludge), which resulted in the coal belts being stopped continuously to clean the chutes and transfer points that were getting blocked. This resulted in the throughput to the power station significantly decreasing.
  • A continuous breakdown of one section of the two overland conveyors also severely affected the mine’s ability to supply coal. The repairs to the conveyors were also delayed at times because of the impact of lightning, which became a safety risk.

• With regard to rain preparedness, the biggest mitigating factor is the coal stock and strategic stockpiles that store dry coal, which is then used to feed the conveyors when the mine is not producing coal. There is also a Generation Engineering initiative involving a multidisciplinary team that conducts site assessments and recommendations to manage stockyard reclamation during rainy periods. The quantum of rain received, however, coupled with the other challenges, posed significant challenges to the mine to maintain the coal supply to the power station in February. The mine is now assessing the challenges experienced and the lessons learnt to improve the management of the stockpiles for future periods. (This particular stockyard is managed by the mine and not Eskom). These include reviewing the layout of the strategic stockpiles, reinforcing the haul roads within the mine to be able to move coal during inclement weather.

(2)

The Department of Mineral Resources and Energy (DMRE) is best placed to respond due to the fact that it is a coal regulator department.

 

Remarks: Reply: Approved / Not Approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

1. We are not sure what the MP means by a national network of ECD centres.  However, in South Africa early learning programmes are delivered through a wide array of largely non-State providers, including sole-proprietors, micro-enterprises and non-profit organisations (NPOs). During the 2021 ECD Census, the Department mapped out 42,420 early learning programmes across the country. 

2. The Department is proposing an integrated Service Delivery Model, which seeks to increase access to quality ECD services, while bearing in mind the need to streamline services to ensure that the government can feasibly support all ECD programmes. This will entail seeking opportunities to provide services to ECD programmes in a way to enable programmes to benefit from economies of scale. However, it is also recognised that such a model needs to respond to the different needs of both caregivers and children. Some caregivers require full day-care for their children, whilst others do not. Children aged birth to 5 years require different support and interventions for their healthy growth, development and early learning. The DBE will therefore, enable the provision of multiple modalities of ECD provisioning to ensure that they are age- and developmental-stage appropriate. These modalities include independent ECD programmes, public-private provisioning ECD programmes, playgroups and home-based programmes. These modalities will be supported by toy-libraries and mobile ECD programmes.

3. Not all Primary schools have formal Grade R classes. Please See Annexure 

4. Grade R teachers are required to have a B.Ed degree in Foundation Phase (R-3). Grade RR teachers are required to have a National Diploma in Early Childhood Development. 

Reply:

1. (a)(b)(c) and (d)

There is a total of 231 staged locomotive, comprising of both new and legacy fleets.

New Fleet: there is a total of 151 staged locomotives, where the top 3 impacted fleets are 22Es, 21Es, and 19Es.

Legacy Fleet: there is a total of 80 staged locomotives, where the top 3 impacted fleets are 18Es, 10Es, and 7E2s.

2. The table below summarises the locomotive types and the reasons that they are staged. More detail, such as the date that the locomotives were stopped, can be seen in annexures A and B

Fleet	Main reasons for locos being staged
NEW	BT23E, CRRC20E, CRRC21E, CRRC22E	Delays in procurement of material. Most of the parts are purchased from Original Equipment Manufacturers (OEM), thus resulting in Local Content (LC) issues. There are also contractual issues due to current litigations
	GE43D, GE44D, 43 Class	Delays in procurement and for contracted items there is a long leadtime from the OEM in terms of delivery.
	MITSUI19E	Delays in procurement.
LEGACY	GE34D, GE36D, 10E, 37D, 7E1, 18E, 34D, 35D, 37D, & 39Ds	Delays in procurement.

 

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

Reply:

1. This is a matter under consideration. No decisions have been made, safe that the President has indicated that the reconfiguration of government will occur after the next election in 2024.

2. No, I have not.

 

Remarks: Reply: Approved / Not approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

As DIRCO, we received confirmation from the South African National Defence Force (SANDF) confirming an incident where an Oryx helicopter came under fire in Goma, Democratic Republic of Congo, on 05 February 2023. A crew member, Sergeant Vusumuzi Joseph Mabena, was fatally shot. Major Omolemo Matlapeng suffered injuries but managed to continue flying the chopper and managed to land safely at Goma airport.

We believe that the investigation of the incident remains the responsibility of the SANDF, working with the United Nations Organization Stabilisation Mission in the DRC (MONUSCO). DIRCO will be informed of the progress and outcomes once the investigation is completed and shared.

Reply:

The Minister of Public Works and Infrastructure

1. The dilapidated fence at Fernwood is currently being replaced with new fencing. This is happening through the Facilities Management contract. The work is 80% complete and it is expected that the fence will be done in April 2023.

2. Fernwood is part of the areas covered by the Facilities Management contract and is currently receiving routine maintenance services. The planned services include repairs to buildings and roads, fencing etc.

__________________________

Hon. S ZIKALALA, MP

MINISTER OF PUBLIC WORKS AND INFRASTRUCTURE

DATE:

Reply:

Eskom diesel funding until the financial year was addressed through the approval by National Treasury Guarantee for the entity to borrow additional R4 billion to R5 billion in the capital markets. Any further assistance will depend on the financial projections for 2023/24 and NERSA’s decision on what may be recoverable in tariffs. The challenges presented by the pricing policy of PetroSA and the fate of the license application by Eskom to be designated an importer will also have a bearing on this matter.

It is absolutely self-evident that the cost of diesel usage pales into insignificance compared to the compared to the cost imposed on the economy and citizens by excessive loadshedding.

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

The Department expressed its outrage at the callous conduct of criminals. The Department invited all heads of security to a workshop to understand common threats and risks, and resolved to meet every quarter with them, and develop a security framework for a national security policy for universities as well as norms and standards applicable to the PSET sector. The Department also consulted them on the possible terms of reference that would guide the work of the national task force as envisaged by the Minister. The Department asked all Vice-Chancellors to share security costs to understand the extent of the threat they confront, and establish what they are charged, and if they are charged fair prices for such services. The Department also supports the work of the SIU which will also expose other layers of risk around the Vice-Chancellors and has consulted the security sector extensively on evolving risks in the university and TVET sector.

Reply:

1. The Department of Human Settlements has incurred the following expenditure:

	a) destination	(b) (i) accommodation	(ii)Air travel	(iii) any other(ground transport and S&T)
(aa) Minister M. T Kubayi	Switzerland	R351 800	R108 999	R186 413
	Poland	R139 526	R139 590	R80 400
	Switzerland	R224 060	R89 963	R376 815
	United State of America	R108 530	R108 274	R163 250
	Kenya	R28 560	R74 285	R9 600
(bb)Deputy Minister P Tshwete	United State of America	R56 000	R166 333	R32 000
	United Arab Emirates	R10 968	R92 608	R84 734

2. (a) The cost for domestic air travel for the Minister

Minister M Kubayi

R614 116

(b) The cost for domestic air travel for the Deputy Minister since

Deputy Minister P Tshwete

R1 174 874

Reply:

(1) What percentage of (a) learners continued to write Matric examinations despite the challenges and (b) learners had to rewrite examinations during the COVID-19 pandemic years.

If question (a) is about the percentage of young South Africans who were ever learners continuing to write Grade 12 examinations in the schooling system, then the answer can be obtained from figures provided in the report National Senior Certificate 2022: Examination report of the Department of Basic Education. That report, using the General Household Survey, concludes that the percentage of youths who obtained a National Senior Certificate has risen to 62% in 2021, with increases continuing despite the pandemic. From this, it can be deduced that approximately 77% of youths get as far as writing the examinations (62% multiplied by 100% over the pass rate of 80.1%). As virtually all youths were at some stage a learner in a school, youths can be said to equal young people who were ever in school.

It should be noted that the repeated assertions by some stakeholders that the DBE is attempting to conceal a ‘real’ pass rate is not borne out by the evidence. The DBE has for many years published both the pass rate, and the percentage of youths who achieve the NSC – the aforementioned 62% in the case of 2022. A pass rate is internationally understood as those passing an examination over those writing the examination, and in this regard the DBE follows common practice. Moreover, the estimates of the ‘real’ pass rate (or, more correctly, the percentage of youths who obtain the Matric) as purported have always been under-estimates, because of a flawed methodology. In early 2023, the media reported on a figure of 54.6% put forward by the Democratic Alliance (DA). The method behind this is flawed because it ignores very high repetition rate in Grade 10; and hence, inflates the denominator. The fact-checking organisation Africa Check has examined this question some years ago and concluded that the DA’s method is flawed.

With regard to (b), recent analysis of grade repetition by the DBE (as yet unpublished) puts the percentage of Grade 12 learners who are repeating at 16%, 13% and 13% for the years 2018, 2019 and 2020 respectively. A separate analysis of the exceptionally large increase in the number of NSC candidates between 2020 and 2021 reveals that both the absolute number of repeat candidates and the percentage who are repeaters in 2021 was lower than the levels seen before the pandemic, specifically in 2018.

(2) What percentage of learners, during the COVID-19 pandemic, chose to attend technical vocational education and training colleges, instead of repeating Matric?

Details of the flows between schools and colleges are not known as student-level data that would allow for the required analysis are currently not merged across the systems of DBE and the Department of Higher Education and Training (DHET). Had the required merged data existed, some analysis to address the question would be possible, though it should be noted that even with this data it would not be possible to know whether someone moving into a college ever intended repeating the NSC examinations. The DBE has been exploring solutions to the data gap. Currently, school-to-college flows are only known in broad terms, based on aggregates and household survey data – see for instance the DBE’s Action Plan to 2024.

Reply:

Over the past seven years (2015/16 to 2021/22), a total of R1.057 billion from the Department’s earmarked grants, namely, the Foundation provision (FP) , Infrastructure and Efficiency Grant (IEG), Student Housing Infrastructure Programme (SHIP) and Sibusiso Bengu Development Programme (SB-DP) has been allocated to fund various projects at the university. This support has enabled UFH to work towards improving the quality of their infrastructure significantly and has supported: the construction of new academic buildings, laboratories, and lecture theatres; the refurbishment, upgrading and conversion of academic buildings; development of student accommodation; and the acquisition of equipment and furniture. Summary of the projects funded through the Department’s four earmarked grants is shown in table 1 below.

Table 1: Summary of the funded Projects 2015/16 – 2021/22 for UFH

Project Name/Description	Funding (R' 000)
	Infrastructure & Efficiency Grant	Student Housing Infrastructure Programme	Sibusiso Bengu Development Programme	Foundation Provision	Total/Project
*University Priority Projects	10 500	0	0	0	10 500
#University Special Projects	35 000	0	0	0	35 000
Deferred Maintenance Projects	76 625	0	0	0	76 625
HDI Infrastructure Backlog FC10: Chemistry lab, network and telephone systems	30 200	0	0	0	30 200
Eskom Connection	19 073	0	0	0	19 073
Replacing the Obsolete Substation	12 903	0	0	0	12 903
Refurbishment of Lecture halls: Alice & East London Campuses	20 500	0	0	0	20 500
Early Childhood Development Centre: East London Campus	53 699	0	0	0	53 699
Student Centre & Parkade: East London Campus	63 059	0	0	0	63 059
Electricity Infrastructure Upgrades - Alice Campus	56 240	0	0	0	56 240
Occupational Health & Safety Compliance: All Campuses	55 850	0	0	0	55 850
Disability Access: All Campuses	36 546	0	0	0	36 546
Video projectors and sound lift in teaching venues	0	0	12 000	0	12 000
Access control to all buildings	0	0	22 000	0	22 000
CCTV to monitor activity in venues, admin building & open areas	0	0	14 000	0	14 000
Wireless access systems across campus	0	0	25 050	0	25 050
Legal compliance	0	0	18 000	0	18 000
Alice Water and Sanitation Project	57 606	0	72 394	0	130 000
Phase 2 of Alice Student Village for 1437 beds	0	122 000	0	0	122 000
Business Plan funds	0	0	1 000	0	1 000
HEDA analytical system implementation	0	0	5 000	0	5 000
Improve student to laptop ratios in open space access labs	0	0	32 000	0	32 000
Provide 700 academic and administrative staff with laptops	0	0	6 300	0	6 300
Chemistry lab equipments	0	0	500	0	500
Contracts management and review project	0	0	18 440	0	18 440
Safety and security	0	0	11 350	0	11 350
Asset management office	0	0	10 584	0	10 584
Graduate destination study	0	0	2 100	0	2 100
Development support funds	0	0	4 838	0	4 838
Programme management and CDT funds	0	0	13 365	0	13 365
Purchase of land in East London	0	0	20 000	0	20 000
Extended/foundation programmes (Inclusive of interests)	0	0	0	117 976	117 976
Total/Source	527 800	122 000	288 921	117 976	1 056 697

* University Priority Projects - Allocation is for the refurbishment and/or equipment purchase in any projects related to disability access, well-founded laboratories, security upgrades and ICT.

# University Special Projects - Allocation is for the ELECTRICAL RETICULATION ON THE ALICE CAMPUS - Upgrade of reticulation system comprises of 19 indoor substations (MV switchgear, transformers and LV distribution boards) and 5 mini-substations linked with underground cables laid out in a Eskom main ring formation.

Reply:

The Minister of Public Works and Infrastructure

The recent PQ 439 is the related to PQ 4169, which was published in IQP No. 47 on 11 November 2022, and the response was tabled on 18 November 2022. (See attached) Below here is the previous reply to PQ 4169, which serves as the response also to the recent PQ 439.

I have been informed by the Department that the properties located in the towns of Burgersdorp, Venterstad, Oviston and Steynsburg were unfortunately not included in the list of information provided for the Walter Sisulu Local Municipality. In addition to the 14 properties mentioned in the response to question 2802, the Department is the custodian of another 109 properties in the Walter Sisulu Local Municipal area:

• • Burgersdorp = 21,
  • Venterstad = 35,
  • Oviston= 23 and
  • Steynsburg= 30.

Reply:

a) The Department’s IT systems are not compromised but there has been instances during power failure or load-shedding where applications captured in offices do not automatically replicate in the central database, thus requiring the IT team to do manual replication which results in delays in the issuance of the documents.

b) The IT team is working on an alternative routing of the interfaces to minimize the impact of power failure.

END

Reply:

According to the information received from Eskom

1(a)

Reasons why Eskom is unable to provide the transmission capacity when it was aware of the President’s commitments:

Since the launch of the IPP programmes (Bid Windows 1 to 4), close to 6.1 GW of new generation capacity has been integrated into the power system. Following the announcement of the preferred bidders for Bid Window (BW) 5/6, there have been IPPs that participated in the private procurement process and quickly secured grid capacity, mainly in the Western, Eastern, and Northern Cape. The Transmission network capacity in these areas has been taken up according to grid code requirements, which requires Eskom to provide non-discriminatory open access to the grid. This has resulted in network constraints, requiring substantial augmentations before new generation capacity can be connected to the system.

To address this, the 10-year Transmission Development Plan (TDP 2022) identified the new infrastructure required to implement the IRP 2019 and Eskom’s 2035 Corporate Strategy. However, it takes time to establish new transmission infrastructure (especially the building of long lines and substations) mainly because of servitude acquisitions and constructability challenges. Eskom is aware of these challenges and is making every effort to expedite the building programme by engaging key stakeholders in the government, as well as in the private sector. A number of servitudes have already been acquired. Funds will also have to be mobilised for the capital expenditure. Different mechanisms are currently being explored.

1(b)

Reasons for the Generation Connection Capacity Assessment (GCCA) being incorrect:

At the time of publishing the GCCA 2024 in March 2022, based on information on the successful bidders from BW 1 to 5 of the DMRE IPP Procurement Programmes, the GCCA provided a correct indication of the potential capacity available on the transmission network to facilitate the connection of new generation projects. In summary, the potentially available capacities for the connection of new generation projects, taking into consideration the interest expressed by IPPs, as well as the environmental impact, is as follows:

• Southern regions of the country accounted for ~ 4.5 GW (Western and Eastern Cape, Hydra Cluster, excluding the Northern Cape that had already run out of capacity)
• Northern regions of the country accounted for ~ 12.1 GW (Free State, North West, Limpopo, Mpumalanga, and Gauteng)

While the regulated procurement process, which was managed by the DMRE/IPP office and their timelines for BW 6, was progressing with procuring 4.2 GW of generation capacity, mainly from wind and solar. The privately procured IPPs secured most of the available capacity in the southern regions by following the due processes associated with grid connection applications. This resulted in a significant reduction in the generation capacity procured via BW 6 to around 1 GW.

The GCCA report was accurate at the time of release based on the snapshot view of committed generation projects and network assumptions. The national capacity published is based on the assumption of known generation commitments at the time of publication. Between publications, various applications for connections were made by IPPs that participate in the DMRE-/IPPO-regulated procurement programmes and the private sector IPPs.

2(a)

Which locations in the Republic does Eskom’s transmission grid have capacity to connect additional renewable energy from the IPPs:

Based on the GCCA 2024, approximately 12 GW of transmission network capacity is available in the northern regions of the country, for example, Free State, North-West, Mpumalanga, Limpopo, and Gauteng, as indicated in Figure 1 below.

Figure 1: Available grid capacity for renewable energy (RE)

2(b)

What justification can be given for the prioritisation of a long-term Karpowership deal over adding new capacity through wind:

The DMRE determines the supply options for the country and what takes priority. Eskom or DPE has NO role in this process, kindly direct all questions on “Karpowership deal” to DMRE.

Eskom must be an off taker of power and sign the required Power Purchase Agreements with parties determined by DMRE/IPPO. The role of Eskom Transmission is to provide open and transparent access to the interconnected power system for both load and generation customers. All applicants that require a connection to the transmission system follow a grid connection application process, as required by the South African Grid Code. In the case of Karpowership, the DMRE/IPPO procurement process for RMIPPP was followed, and on the announcement of their successful bid, transmission network capacity was allocated on the basis that all conditions for connection were met. In the event that the DMRE/IPPO or, for that matter, the IPP decides not to go ahead with the project for whatever reason, then the transmission capacity that was allocated for the project would be released back into the pool for other potential IPPs to consider.

3(a)

How does the grid have the transmission capacity in the Western Cape for power supplied by ships and/or barges but not by wind:

Following on from (2b), Transmission capacity is reserved on the announcement of preferred bidders by the DMRE/IPPO. Because of the lack of transmission network capacity in the broader Cape region, as explained above, no new generation capacity can be connected until new transmission infrastructure, as identified in the TDP, is implemented.

3(b)

What reforms are going to be put in place to restructure the bid procurement process so that IPPs are able to assist in the energy crisis as soon as possible:

The IPP procurement process is managed by the DMRE / IPPO. Eskom’s Grid Access Unit (GAU) is reviewing its processes and is coordinating on behalf of the electricity supply industry the introduction of Grid Capacity Allocation Rules to “level the playing field” in allocating grid capacity. It is expected that these rules shall require the sanctioning by NERSA’s structures, such as the Grid Code Advisory Committee, for implementation. These rules will facilitate the connection of projects on a ‘first ready – first connected’ principle which will result in a faster connection of new capacity to the grid.

We will ensure that further details on the implementation of the Transmission Development Plan and relevant timeframes are publicized as soon as possible.

 

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

a) In response to the escalating crime and violence in schools, in addition to strengthening the codes of conduct of schools, the Department has signed a protocol with the South African Police Services to support all schools in dealing with the challenges faced by schools. The initiative is informed by the fact that crime and violence are beyond the scope of school principals and School Governing Bodies. Such an intervention is the competency of the law enforcement agencies. The Quality Learning and Teaching Campaign (QLTC) is focussing on the mobilisation of communities for a joint effort the tackle the challenge.

b) The funding allocated to infrastructure also covers fencing and gates. Guidelines and specifications for such fencing and gates are available. The prioritisation of infrastructure projects (including fencing projects) is the prerogative of the Province

c) The Department of Basic Education (DBE) uses the the National School Safety Framework (NSSF) as a guiding framework to address crime and violence in schools; including access control challenges in schools. The NSSF has led to the establishment of school safety committees, to address safety challenges in schools. As a new initiative, the DBE in partnership with the Wits RHI has developed a digital training on the NSSF for the broader school communities to strengthen the capacity of school based personnel in dealing with incidents of violence in schools. The DBE has also released circular, requesting all school safety committees to conclude the digital training by March 2023. 

The DBE and its partners, the South African Police Service and the following Departments: Social Development, Health, Home Affairs, Correctional Services, Justice and Constitutional Development, as a Communications and Constitutional Development are rolling out Inter-Departmental Campaigns on the Prevention of Violence, Bullying, Corporal Punishment, Learner Pregnancy, Drugs and Substance Abuse in schools. The Campaigns are led by the Deputy Minister of Basic Education and supported by Deputy Ministers of partner departments. To date, the Campaigns have been held in four provinces: Gauteng, Limpopo , Mpumalanga and the North West Province. The Campaign raises awareness on the social ills impacting negatively on teaching and learning in schools, and mobilises school communities to respond effectively to these social ills.  The Campaign will take place in the Eastern Cape, Nelson Mandela District on the 10th of March 2023. 

Reply:

a) The office has 18 funded posts and 17 of them are filled and there’s only one vacancy.

b) The post was advertised, interviews were conducted on 1 March 2023 and it is envisaged to fill the post w.e.f 1 April 2023.

END

Reply:

1. Yes, the National Department of Human Settlements has considered working with trade unions as it recognises the important role that is played by the trade union movement in terms of providing benefits and financial services for employees to realise their housing needs in partnership with the broadest range of organisations.

The Department through its National Implementing Agent, the NHFC, has signed a Memorandum of Understanding (MoU) with the Government Employee Housing Scheme (GEHS) located in the Department of Public Service and Administration (DPSA) and regularly engages with Organised Labour through the Public Service Co-ordinating Bargaining Council (PSCBC).

The PSCBC resolution 7 of 2015, whose founding objective of the Government Employee Housing Scheme (GEHS) is to assist employees to access affordable housing loans and finance. The resolution further requires the GEHS to facilitate and support access to housing finance, including housing subsidy instruments and other housing programmes. The GEHS serves a total of approximately 223 272 of the 1,1 million government employees who may qualify for First Home Finance (FHF) (previously named Help-Me-Buy-A-Home)

The guideline principles of the MoU are to fulfil government’s mandate of providing quality and affordable housing to low- and middle-income households. These are defined by the GEHS as those employed at levels 1-10 currently receiving a monthly housing allowance of R1456.00 and are within the FHF qualifying monthly gross income criteria of R3 501 to R22 000, which is reviewable periodically by the Department.

Furthermore, the Department through the PSCBC is advocating for measures to re-examine and recalibrate the GEHS implementation partnership arrangements for greater market participation. The benefits to the proposal will be valuable for prospective homeowners and consumers as it will: (i) enhance market competition amongst lenders; (ii) provide attractive and favourable interest rates; (iii) empower consumers to select appropriate loan instruments from diversified product offerings; (iv) enable consumers to choose repayment schedule that suits them; and (v) improve the quality of service.

With respect to other groups representing the gap housing market, one of the Department’s key priorities is to develop appropriate policy frameworks that address funding instruments, affordability issues and the leveraging of our subsidies and grants to enable sector growth and investments in the economy. We are introducing a policy-oriented Employer Assisted Housing (EAH) framework. At the heart of the EAH is the notion that employees should be able to afford to live in the communities in which they work as there are multiple spin-offs from both the demand and supply side perspectives. The implementable EAH policy advocates for a structured partnership approach between employers, governments, developers, financial institutions, and communities.

In addition to that, the NHFC has concluded a Memorandum of Association (MoA) with BASA which is aimed at stimulating the affordable housing market especially the informally employed households with irregular sources of income for housing finance.

2. The Department in partnership with NHFC and DPSA have designed a compelling marketing and communications strategy towards ensuring a broader market outreach to the GEHS-FHF target market. This is rolled out through various types of communication channels using both the print and electronic media platforms. Additionally, the GEHS-FHF advocacy and awareness campaigns are implemented through interaction with government employees, provision of brochures, use of social media pages, pre-screening assessment and providing GEHS-FHF employees with pre-approval FHF certificates.

Finally, we consider the digitization of the GEHS-FHF business as paramount thus we have introduced software solutions as part of our technological driven efforts to expand consumer access to home-financing and home-buying services. This is done by streamlining and interfacing both the front end and back-end processes at the point of origination, processing, underwriting, and loan servicing to enable smoother and faster consumer service experience.

Reply:

The Minister of Public Works and Infrastructure

(1) The Department has not received any report that there is a DPWI staff being mistreated by any company contracted to DPWI.

(2) The use of local labour was not a prerequisite or a condition of Facilities Management contract.

(3) The Facilities Management contractor currently employs two hundred (200) general workers including EPWP staff, of the two hundred (200), one hundred and eighty three (183) are from Cape Town. The Contractor also has a core staff compliment of thirty four (34) individuals of which twenty six (26) are from Cape Town.

(4) The Facilities Management contractor reported that six (6) general workers/operators, four (4) team leaders, one (1) driver, two (2) irrigation specialists, one (1) quantity surveyor and one (1) site administrator have been brought from Johannesburg to Cape Town.

(5) No consequence management is applicable as the Facilities Management contractor is not contractually required to employ local labour.

Reply:

RESPONSE FROM SACE: See below

a)  (i) SACE Chief Executive Officer's salary is R 2 205 349 and (ii) Chief Financial Officer receives R 1 910 323, Total = R 4 115 672

(b) The executive personnel do not get sitting allowances for attending meetings.

RESPONSE FROM UMALUSI: Please see attached 

Reply:

The Special Investigating Unit (SIU) was appointed by the President and will therefore be reporting to the President in this regard.

Reply:

QUESTIONS	2019/20	2020/21	2021/22
1. Total number of sexual misconduct cases reported	92	169	191
2. Total number of disciplinary hearings conducted against the specified educators for sexual misconduct	The information for this was soured from the previous audited Annual Reports. Therefore, for 2019 and 2020 financial years, we did not specify/breakdown the number of disciplinary hearings conducted.	23
3 (a) Total number of educators found guilty of sexual abuse only	17	07	19
3 (b) disciplinary hearings that SACE was unable to arrive at an outcome	N/A	N/A	N/A
(iii) Total number of teachers struck off indefinitely	19 17-sexual abuse 2- Severe assault	11 7-Sexual abuse 1-Gross negligence 1-Assault of a colleague 2- Severe assaults of learners	04 3-sexual relationships 1- removal from the register for a specified period for sexual assault of a learner
4. Total number of educators whose names were submitted to the Department of Social Development	10 This number does not include the other 9 as stated above on teachers struck-off, because the victims were above the age of 18 years.	11	19

Disciplinary  proceedings where SACE was unable to arrive at an outcome:

There were no cases where no decision could not be arrived at, at any disciplinary hearing by the disciplinary tribunal. There were however; sexual abuse cases that were closed for the following reasons:

1. Lack of evidence to substantiate the allegations.
2. Deliberate unavailability of witnesses (complainants)
3. Refusal by witnesses to cooperate with the SACE investigative or disciplinary processes, etc.

While SACE closed a number of cases for reasons mentioned above, these cases were not categorised on the breaches of the SACE code of Ethics, for an example, the cases do not indicate whether it is an assault case, sexual case, racism case, etc. A global number of that cases closed by SACE get provided.

Description	2019/20	2020/21	2021/22
Total number of cases closed by the Council where cases were resolved amicably between the parties, or at the request of the complainants, or owing to lack of evidence or owing to deliberate lack of cooperation by witnesses.	224	116	310

 

Reply:

a) The Department does not have records of Mr Maselo who is/was appointed as Parliamentary Liaison Officer in the Office of the Minister.

Reply:

a) The Department will consider opening offices in Malls in accordance with its Access Model and Footprint Development Strategy and take advantage of lower costs for rental or where rent is free like in Menlyn Mall, where we got a five year rent free agreement.

b) The current DHA office in Ulundi is located next to the shopping centre but our rural communities strategy is to deploy mobile units to better service the communities.

END

Reply:

Since 2009, the National Curriculum Statement has provided for two subjects directly relevant to the Ocean Economy, namely Maritime Economics and Nautical Science.  In 2019, the first cohort of Grade 12 candidates wrote and passed the National Senior Certificate Examinations in Marine Sciences, an internationally acknowledged and highly regarded novel subject incorporating Oceanography, Marine Biology, Humans and the Ocean Ecology. These subjects are all offered to Grade 12 at both Public Ordinary Schools and schools described in legislation as catering for 'learners with special talents' in Focus Schools, also referred to in some provinces as Schools of Specialization

There are three legislatively distinct categories of schools; Special Schools for learners with Special Educational Needs, Public Ordinary Schools and Focus Schools.

Regarding the provision of specialized subject offerings, and with appropriate foresight, the Minister of Basic Education promulgated an amendment to The South African Schools Act (SASA) (Act No. 84 of 1996) in section 12(iii), which provides for the establishment and recognition of Focus Schools as distinct entities within the Basic Education milieu. The types of subjects offered at Focus Schools constitute but one of the features that distinguish Focus Schools from Public Ordinary Schools. The overwhelming majority of Public Ordinary (Secondary) Schools, deliver a generalised curriculum, whereas the Guidelines for the Establishment and Management of Focus Schools provide Provincial Education Departments with the specific characteristics that Focus Schools should exhibit. The Department of Basic Education has developed the Three-Streams Curriculum Model to accommodate the multiplicity of learner's aptitudes, talents and interests, by developing curricula that provide Academic, Vocational or Occupational learning pathways.

Marine Sciences, Maritime Economics and Nautical Science are offered in both Public Ordinary Schools and Focus Schools, in the coastal provinces of the Eastern Cape, Northern Cape, Western Cape and KwaZulu-Natal, as well as the inland province of Gauteng, in Sharpeville, at the Mohloli School of Specialization - the only inland Maritime Focus School, providing a highly relevant specialisation within the economic corridor encompassing the Vaal Dam and River.

Reply:

According to the information received from SAFCOL

(1)

SAFCOL contacted the Department of Forestry, Fisheries and the Environment (DFFE), and various other stakeholders for expanding its plantable area in the form of lease agreements. The stakeholders consist of:

	Stakeholders	Potential Plantable Area (ha)
1.	DFFE Plantations in Mpumalanga	4 086
2.	Mkhondo Municipality	2 528
3	Msunduzi Municipality	1 452
4	Madlangeni Community	1 100
5	Land under traditional authority	10 000
	Total	19 166

(2)

SAFCOL has formalised a land lease agreement with the Mamahlola community to operate their successfully claimed land as a timber estate as part of SAFCOL’s Woodbush plantation. A silviculture services contract has been ring-fenced for the community to allow them to participate in the timber farming activities on their land.

SAFCOL is in the process of negotiating with the Madlangeni community to lease their successfully claimed land for the purposes of re-establishing a commercial forestry estate (reforestation).

SAFCOL has formalised a Memorandum of Understanding with the nine communities in Entabeni to operate their claimed land as a timber estate as part of SAFCOL’s Entabeni plantation. SAFCOL’s information from the Land Claims Commission is that the transfer of the title deeds of the land to the communities are imminent. Upon transfer, SAFCOL will enter into a lease agreement with the communities. A sub-contracting opportunity to allow the communities to participate in timber logistics services has already been implemented.

SAFCOL has ring-fenced a silviculture services contract for the Kaapschehoop community to allow them to participate in timber farming activities on their claimed land. SAFCOL’s information from the Land Claims Commission is that the finalisation of the land claim is eminent. Upon finalisation and subsequent transfer of the land in title to the community, SAFCOL will enter into a lease agreement with the community.

Remarks: Reply: Approved / Not Approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

(1)  As schools were divided into five quintiles according to the income of the communities where they are located a number of years ago, and as there were socio-economic shifts as well as school closures in the meantime, what is the current total number of schools in each quintile for each province;

(2)       what was the budget for each of the quintiles for the 2021-22 financial year in each province;

(3)   whether the quintiles ever get reviewed; if not, why not; if so, what are the relevant details?     

The Department of Basic Education (DBE) does not decide which quintile a school should be placed in. Schools are placed in quintiles by the Provincial Education Departments (PEDs).  Paragraph 107 of the National Norms and Standards for School Funding state that PEDs must on an annual basis, subject to the availability of new data which is sufficiently reliable, consider reviewing the quintile of a school and make the necessary adjustments to effect equity. It is thus expected of all the PEDs to have a process in place that should be followed in their respective provinces to deal with this aspect. Such a process should allow the initiator to either be the school or the PED, depending on the circumstances. 

Reply:

The question asked by the Hon Member falls within the purview of the MEC for Education in Eastern Cape, not the Minister of Basic Education. The Hon Member is kindly advised to refer the question to the relevant MEC. 

Reply:

(a) 

1. To support schools with no infrastructure for sport participation, the Department, in collaboration with the Department of Sport, Arts and Culture (DSAC) have initiated engagements with the South African Local Government Association (SALGA) to make municipal facilities accessible to schools at no cost. Engagements are also being extended to look at possibilities of how the Municipal Infrastructure Grant (MIG) can be accessed for the benefit of the schools.
2. Furthermore, through the Memorandum of Understanding between DBE and DSAC, signed in 2018, an entity of DSAC called the Sport Trust builds multi-purpose sport facilities in identified schools. These facilities are also accessible for utilisation by neighbouring schools.
3. The Department is also in partnership with partners like Supersport and UNICEF to build multi-purpose sport facilities in schools. These facilities are then shared and utilised by other the neighbouring schools.
4. In 2015, the Department, together with DSAC and Cricket South Africa (CSA) signed an operational agreement to fast track cricket development at schools through the Hub system. This initiative contributes to the revitalisation of sports development in the townships and rural areas, and it also improves educational outcomes in the basic education sector. These Hubs are committed to the following:

• develop cricketers at the Cricket Hubs;
• run cluster leagues to feed into the School Sport Programme;
• provide support to integrate the elite cricketers into the CSA High Performance Programmes through CSA’s existing integrated system of Talent Scouts, Coaching Mentors and Sports Science Programmes;
• support worthy educational and sporting causes, from time to time, as identified by the three parties;
• extend early learning and e-learning programmes through homework support, and
• dedicated cricket coaching educational programs are produced and aired on the MINDSET platforms.

(b)

1. The Department partnered with the Motsepe Foundation to further support the delivery of enrichment programmes in schools on 12 April 2016. This ten-year partnership agreement contributes towards the development of Schools Football, Netball, choral and traditional music across the country. This initiative concentrates on schools football (Under 19), schools netball (Under 15) and the Schools Choral Eisteddfod. These programmes start at a school level and proceed until the national level. The winning schools utilise the money for any development project that enhances or advances the mission and objectives of the school and/or its immediate community, e.g. building of extra classrooms, upgrading the soccer or netball pitch, school choral equipment, etc.
2. The Department implements the Integrated School Sports Programme, after-school, extra-mural and co-curricular activities in collaboration with the Department of Sport, Arts and Culture (DSAC) together with other partners. The main role of the Department of Basic Education (DBE) is to promote mass participation activities aimed at enriching the curriculum whilst DSAC focuses on social cohesion, talent identification and excellence in sports, arts and culture in line with the Memorandum of Understanding (MoU) signed in 2018 by the two Departments. The programme starts at a school level and proceeds up to the circuit, district, provincial and finally national level. The programme is comprised of the Autumn Games, Winter Games, Spring Games and Summer Games in the following prioritized codes: Athletics, Cricket, Chess, Gymnastics, Swimming, Softball, Tennis, Table tennis, Basketball, Football, Hockey, Netball, Rugby, Volleyball, Goal ball and Indigenous Games.
3. The Department established the Accelerated Schools Infrastructure Delivery Unit (ASIDI). The objective of ASIDI is to eradicate the Basic Safety Norms backlog in schools without water, sanitation and electricity and to replace those schools constructed from inappropriate material (mud, plankie, asbestos) to contribute towards levels of optimum learning and teaching. The Schools Infrastructure Backlog Grant (SIBG) funds the ASIDI portfolio. Sub-programme 1: Inappropriate Structures: Schools that were built from inappropriate material in their entirety are replaced with new schools that meet the department’s standards of basic functionality. This also includes the building of sport facilities depending on the available space in that particular area.

Reply:

Department

There were no services procured from Sihlesive Trading, Rally Business Consulting and Siyakhula Forestry Contractors JV Zumda Trading during the 2018/2019 to 2021/2022 financial year.

According to the information received from Alexkor

1. The service providers did not render any services to Alexkor SOC Limited
2. – (5) All subsequent questions are not applicable

According to the information received from Denel

1. Denel has not procured any services from the said companies since the 2018-19 financial year.
2. – (5) All subsequent questions are not applicable.

According to the information received from Eskom

1. Eskom has never done any business with the companies in question. Should there be a need for Eskom to do business with them, then a proper procurement process will be followed which will be aligned with the principles of section 217 of the Constitution of the Republic of South Africa.
2. – (5) All subsequent questions are not applicable.

According to the information received from SAFCOL

1. Yes, SAFCOL procured services from the three companies:

Service Provider	a) Services Procured
Sihlesive Trading	Provision of silviculture services
Rally Business Consulting	Provision of silviculture services
Siyakhula Forestry Contractors JV Zumda Trading	Provision of silviculture services

b) Total Amount Paid

Service Provider	Amount inclusive of VAT
Sihlesive Trading	R73 434 659
Rally Business Consulting	R76 294 287
Siyakhula Forestry Contractors JV Zumda Trading	R101 795 895

2. Whether the amounts paid to the three service providers were found to have resulted in irregular expenditure; if not, what is the position in this regard; if so, what total amount was declared and/or disclosed in each case;

a) Yes

b) Disclosed Irregular Expenditure Amounts: 2018-2019 to December 2021:

Service Provider	Amount inclusive of VAT
Sihlesive Trading	R73 434 659
Rally Business Consulting	R76 294 287
Siyakhula Forestry Contractors JV Zumda Trading	R101 795 895

3. Whether any investigations were conducted to identify employees responsible for irregular expenditure; if not, why not; if so, what total number of times were the investigations conducted;

SAFCOL carried out and finalized an investigation in accordance with the prevailing irregular expenditure framework, in relation to the financial years 2015-16 up to and including 2021-22.

4. Whether investigations were conducted in-house or outsourced; if outsourced, what total amount was paid in each case since the 2018-19 financial year;

The investigation was outsourced to be carried out by an external service provider at a cost of R344, 850 inclusive of VAT.

5. Whether any members of the board and/executive were held accountable for irregular expenditure; if not, what is the position in this regard; if so, (a) what are the names of such members and (b) will furnish Mr S Tambo with the investigation report with its recommendations?

The company is currently in the process of implementing consequence management based on the external service provider’s report in preparation for submission for condonation where applicable. None of the members of the Board and/or Executive were implicated in the irregular expenditure report.

According to the information received from SAA

1. South African Airways (SAA) have no record that the airline had any business relations with the three service providers mention, namely, Sihlesive Trading, Rally Business Consulting and Siyakhula Forestry Contractors JV Zumda Trading.
2. – (5) All subsequent questions are not applicable.

According to the information received from Transnet

1. The identified business entities are not registered on Transnet’s database. Transnet cannot trace any procurement of services from the identified companies.
2. – (5) All subsequent questions are not applicable.

 

 

Remarks: Reply: Approved / Not Approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

a) The Department of Public Enterprises has not sourced a legal opinion. Please see my response to your question 237.

 

Remarks: Reply: Approved / Not approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

No, there is no intention to introduce legislation in Parliament to grant Minister powers to make regulations in respect of learner pregnancy, nor has the Minister established a task team to draft such. A policy on the prevention and management of learner pregnancy in school has been developed by the sector, and approved by Cabinet to deal with learner pregnancy issues in schools.

Reply:

The BMA has trained and deployed Border Guards to various segments of the land border law enforcement areas and Ports of Entry. Their key responsibilities, amongst others, is to detect and prevent illegal persons from entering the country. Illegal foreign nationals who are apprehended in the border law enforcement area are handed over to Immigration Services who do verification of their nationality. Once the process is concluded, the deportation process will be initiated.

Inland within the borders of the Republic, the Department of Home Affairs has an Inspectorate Unit which coordinates operations with the SAPS. Persons who are apprehended by the Inspectorate Unit are processed for the verification of their status in the country. Once the status is verified and they are found to be undocumented / illegal, the process of deportation is initiated.

The Department is currently in the process of procuring handheld IT tools that will be used to remotely access and verify information on the National Population Register (NPR) in real-time. This system, which will have biometric capabilities, will assist in the verification of documents produced by people during citizenship-related operations. The budget for the procurement was received from the Criminal Asset Recovery (CARA) fund.

Further, the Department of Health has requested access to the NPR for their processes. In this regard, DHA’s IT Branch in conjunction with their counterparts at the Department of Health are looking into the request.

END

Reply:

1. The relocation of state-owned enterprises to the respective departments is the prerogative of the President.

In addition, in the State of the Nation Address of 2022 and 2023, reference was made to the work and recommendations of the Presidential SOE Council and, the global trend towards a centralised shareholder model as highlighted by the Organization for Economic Cooperation and Development (OECD) and various country experiences.

The lessons of State Capture and recommendations of Chief Justice Zondo, among others, must be taken into account to proactively prevent corruption.

 

Remarks: Reply: Approved / Not approved

Jacky Molisane PJ Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to the South African Schools Act (SASA) Section 21, School Governing Bodies (SGBs), have the prerogative to select the sporting codes for participation by the learners, in consultation with the relevant Head of Department. To assist in ensuring that all schools are provided an opportunity to participate, School Governing Body Associations are now part of the Extended Joint National Task Team (ExJNTT) convened by the Department of Sport, Arts and Culture (DSAC) and the Department of Basic Education (DBE). This body also includes Teacher Unions, Sport Federations and School Sport Code Structures. This body is responsible for the implementation of the Integrated School Sports Programme, after-school, extra-mural and co-curricular activities in line with the Memorandum of Understanding (MoU) signed in 2018 by the two Departments. The programme starts at a school level and proceeds up to the circuit, district, provincial and finally national level. The programme is comprised of the Autumn Games, Winter Games, Spring Games as well as Summer Games in the following prioritizsd codes: Athletics, Cricket, Chess, Gymnastics, Swimming, Softball, Tennis, Table-Tennis, Basketball, Football, Hockey, Netball, Rugby, Volleyball, Goal-ball, and Indigenous Games.