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25 May 2020 - NW189

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Graham, Ms SJ to ask the Minister of Human Settlements, Water and Sanitation

Whether, with reference to her reply to question 859 on 22 October 2019, her department secured the services of an independent assessor to do a dam safety evaluation on the Nqweba Dam; if not, what are the time frames for the envisaged evaluation; if so, (a) what are the findings of the assessor, (b) will her department take immediate steps on the findings of the assessor and (c) will there be a budget allocation for repairs and/or rehabilitation if such form part of the recommendations?

Reply:

(a) The process of appointing an independent expert has not yet been finalised. The timeframe envisaged for procurement of services of an independent expert for the dam assessment is June 2020. The Honorable Member would also appreciate that the said date was envisioned before the breakout of COVID-19 and the resultant lockdown which slowed down our work a bit.

(b) With all work done under the Dam Rehabilitation Programme, a risk based approach is utilised to determine how urgently a particular action should be taken. This information will be contained in the report from the independent expert. Therefore, based on the findings from the independent expert report, the DWS will endeavour to comply with the recommendations.

(c) The required funds will be allocated through our normal budgeting processes once the independent expert report outlines the extent of scope. Should the recommendations deem the rehabilitation of Nqweba Dam to be urgent, then an emergency protocol will be initiated in consultation with National Treasury.

25 May 2020 - NW125

Profile picture: Arries, Ms LH

Arries, Ms LH to ask the Minister of Human Settlements, Water and Sanitation

Whether any municipalities owe money to any water boards; if so, what are the relevant details of each (a) municipality, (b) water board and (c) monetary amount owed in each case?

Reply:

The table below indicates the summary of amounts owed by the Municipality to Water Boards as at 31 January 2020. Refer to Annexure A for the detailed report.

 WATER BOARD

 

OUTSTANDING BALANCE

CURRENT

DAYS 30

DAYS 60

DAYS 90

DAYS 120+

Amatola Water

242 050 981

34 340 308

12 617 533

10 929 010

12 108 892

172 055 239

Bloem Water

1 111 729 213

90 805 933

82 244 725

89 102 028

84 450 529

765 125 998

Lepelle Northern Water

512 173 103

46 856 414

45 563 021

20 876 981

24 967 387

373 909 300

Magalies Water

156 673 829

48 245 931

16 412 377

16 725 197

6 421 343

69 446 900

Mhlathuze Water

42 208 385

28 321 793

1 679 271

88 303

37 375

12 081 643

Overberg Water

1 905 184

1 905 184

0

0

0

0

Sedibeng Water

4 469 871 627

116 232 131

81 966 710

91 799 381

100 594 643

4 079 278 761

Rand Water

2 909 873 142

1 591 241 639

228 186 486

176 184 365

182 628 323

731 632 328

Umgeni Water

765 184 819

479 062

472 926

719 057

457 768

3 096 988

TOTAL

10 211 670 283

1 958 428 395

469 143 048

406 424 321

411 666 260

6 206 627 158

25 May 2020 - NW221

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Msane, Ms TP to ask the Minister of Trade and Industry

(a) What steps has his department taken to prepare for the effective and maximum implementation of the African Continental Free Trade Agreement; and (b) how will this fit into the industrial policy of the Republic? NW298E

Reply:

The AfCFTA is a significant step towards the objective of African economic integration. The AfCFTA, as one of the flagship projects of the African Union’s Agenda 2063, aims to build an integrated market in Africa of over 1 billion people, with a growing GDP.

The AfCFTA, the market integration component of a wider African development agenda, combines market integration with infrastructure development and, industrial development to promote intra-Africa trade and sustainable economic growth. Initially, implementation of the AfCFTA will increase opportunities for trade amongst African countries in both goods and services. In Phase 2 rules for Investment, Intellectual Property and Competition will be developed.

The AfCFTA is intended to cover 55 African countries. All African Union Member States, except Eritrea, have signed the Agreement. The Agreement entered into force on 30 May 2019 and 28 countries have now ratified the AfCFTA.

The 33rd Ordinary Session of the Assembly held in Addis Ababa, Ethiopia from 9-10 February 2020 endorsed an intensive and focused work programme to ensure that all substantive outstanding negotiating issues necessary for the commencement of preferential trading under the AfCFTA are concluded.

The 33rd AU Assembly also endorsed an Extra-Ordinary Summit on the AfCFTA in May 2020 in South Africa to adopt the concluded rules of origin, tariff schedules and services schedules, for the commencement of trade under the AfCFTA preferences by 1 July 2020.

South Africa is engaged in ongoing consultations nationally and within SACU to ensure that we meet the obligations of a 90% tariff offer for the commencement of negotiations with trading partners on the continent and the finalisation of the Schedules of Tariff Concessions. In terms of Trade in Services, South Africa has submitted an initial services offer on the five priority sectors in preparation for the services negotiations under the AfCFTA, which will be subject to reciprocity.

We also need to anchor the Agreement in a wider context and work programme of structural transformation and industrial development to promote diversification, beneficiation and value-addition in order to realise the opportunities that will arise from a more open continental market.

Effective rules of origin are critical in any free trade agreement to define the extent of local processing and manufacturing of any product is needed to qualify for liberalised trade under the agreement. In this way, the rules of origin ensure that the parties to the agreement are the main beneficiaries of the agreement.

In addition to establishing effective rules of origin to encourage local content, it is also essential to have the necessary capacity in all customs services across the Continent, including in the South African Revenue Service, to monitor and enforce the rules of origin.

Such enforcement is necessary to ensure that non-parties do not take advantage of the more open trade regime on the continent. While SARS has demonstrated its capacity to perform these tasks, including in the SADC context, it is engaged in a process to upscale its enforcement capacity to meet the requirements of more open trade once the AfCFTA is fully operational.

South Africa has finalised sectoral masterplans on clothing and textiles and the poultry sectors to ensure that the country is able to utilise the opportunities presented through the AfCFTA. We are also developing more Master Plans, in traditional sectors like the steel industry, and the sugar industry which is a key livelihood for rural communities; furniture, as well as in new economy sectors such as the digital economy, with its opportunities for young people; and the green economy, to industrialise through a greener growth path.

-END-

25 May 2020 - NW259

Profile picture: Cuthbert, Mr MJ

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

(1)Whether he will furnish Mr M J Cuthbert with a copy of his department’s policy on sabbatical leave for officials; if not, why not; if so, what are the relevant details; (2) whether he will furnish Mr M J Cuthbert with a detailed list of the (a) officials that have taken sabbatical leave since 1 January 2019 and (b) time period that each official has taken off from work; if not, why not, in each case; if so, what are the relevant details, in each case; (3) (a) what was the total cost to the taxpayer for overseas travel undertaken by officials of his department and (b) are these costs in line with the travel policy of his department; (4) what (a) number of business class flights were taken by officials of his department from 1 January 2018 to 31 December 2019 and (b) was the total cost of the specified flights?

Reply:

The sabbatical and travel policies of the two Departments that merged to form the DTIC, were developed and approved prior to the current administration and will be reviewed in due course in line with Government’s oveall policy position.

In respect of the specific questions posed, I have been advised by the Department that the following applies:

(1) The Department’s sabbatical leave is regulated in terms of the Bursary Policy which is an internal document.

The purpose of sabbatical leave is to provide employees with special leave opportunities for a maximum period of twelve (12) months to enable them to prepare for examinations, complete theses or projects in partial fulfilment of their studies. Operational requirements are considered and the line of studies should support the Department’s strategic objectives.

An employee who has been granted sabbatical leave is expected to enter into a contract to serve the Department for a period twice the sabbatical leave. This leave provision has positioned the Department as a learning organisation that promotes continuous learning and development of its employees. Another advantage arising from this provision is the retention of institutional skills and capabilities.

(2) The table below provides details of sabbatical leave since 1 January 2019. No officials from the Economic Development Department (EDD) were granted sabbatical leave.

(a)   Officials who have taken sabbatical leave since 1 January 2019

(b)   Period each official has taken off from work and details

 

Period

Duration

Details

Employee 1

1 February 2018 to 31 January 2019

12 months

Research and writing a dissertation towards a Masters in Industrial/Organi-sational Psychology

Employee 2

9 February 2018 to 8 February 2019

12 months

Attendance of classes towards a MBA

Employee 3

1 April 2018 to 31 March 2019

12 months

Research and writing a dissertation towards a PhD

Employee 4

16 January 2019 to 31 March 2019

2½ months

Research and writing a dissertation towards a Masters in Public Administration

Employee 5

3 April 2018 to 3 April 2019

12 months

Research and writing a dissertation towards a PhD

Employee 6

1 August 2019 to 31 October 2019

3 months

Research and writing a dissertation towards a Masters in Public Management

Employee 7

16 August 2019 to 15 November 2019

3 months

Research and writing a dissertation towards a Postgraduate Diploma in Monitoring and Evaluation

Employee 8

1 March 2019 to 30 November 2019

9 months

Research and writing a dissertation towards an MBA

Employee 9

1 April 2019 to 30 November 2019

8 months

Research and writing a dissertation towards an MBA

Employee 10

1 May 2019 to 30 November 2019

7 months

Research and writing a dissertation towards an MBA

Employee 11

1 September 2019 to 31 December 2019

4 months

Research and writing a dissertation towards a Masters in Law

Employee 12

26 July 2019 to 25 January 2020

6 months

Research and writing a dissertation towards an MBA

Employee 13

1 October 2019 to 28 February 2020

5 months

Research and writing a dissertation towards a Masters in Management (Public Policy)

Employee 14

1 April 2019 to 31 March 2020

12 months

Doctorate in Business Administration

Employee 15

1 October 2019 to 31 August 2020

10 months

Research and writing a dissertation towards a Masters in Business Management

Employee 16

1 April 2020 to 31 March 2021

12 months

Research and writing a dissertation towards a PhD

3) This information is disclosed in the dti’s Annual Report as part of the Goods and Services note to the Annual Financial Statements. All travel is in line with the Travel and Subsistence Policy of the department as well as National Treasury’s Instruction Note No. 04 of 2017/2018 on Cost Containment.

4) The dti had a total of 192 transactional business class tickets booked for officials at a total cost of R7 869 924. EDD had a total of 42 transactional domestic business class tickets booked for officials at a total cost of R395 472.

-END-

25 May 2020 - NW211

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Mulder, Mr FJ to ask the Minister of Trade and Industry

(1) Whether, with reference to the latest balance of trade figures for the Republic issued by the SA Revenue Service that show an accumulated general trade surplus of R116 billion for 2017 to the last quarter of 2019, and a trade deficit amounting to approximately R96 billion with China, his department is considering quotas on imports from China to protect local manufacturers and to prevent further job losses; if not, why not; if so, what are the (a) relevant details and (b) timelines; (2) whether he will make a statement on the matter? NW286E

Reply:

It is a fundamental pillar of current Government policy to support and nurture local manufacturing and support local jobs. This applies to both industrial as well as trade policy interventions.

There are two critical concerns relating to trade between South Africa and the People’s Republic of China (PRC):

  • First, the composition of trade between the two countries, which has generally been composed of exports by SA of raw materials (particularly minerals) and import of finished goods (consumer and capital goods). This impacts negatively on local value-addition and job creation.
  • Second, high levels of under-invoicing and invoice-fraud by SA importers on goods sourced from other countries, including China, which results in a flood of imports of goods, damages local industries, deprives the fiscus of taxes due to it and distorts accuracy of trade data.

These concerns have been followed up with the Government of the PRC.

In respect of the first area, increased Chinese investment in SA manufacturing can assist to create a more sustainable trade composition. Examples of such investment in SA by Chinese investors that have been facilitated includes manufacturing operations in appliance manufacturing, truck and car assembly and high-voltage cable manufacturing.

In regard to the second concern, Government has stepped up actions against illegal imports, including seizing such goods.

Data distortions due in large part to under-invoicing (as well as some product data which does not show up in SA’s bilateral trade data) mean that trade surplus/deficit data needs to be used with some caution. We compare SA data with those from trading partners to develop a fuller picture of trade-flows.

In respect of quotas, there are restrictions to what WTO members may apply in trade with each other.

Government is actively engaged in a range of measures to boost the competitiveness of the domestic industry. Tariff or trade remedies measures are utilised after a process of needs analysis confirms the necessity to implement such measures.

It is not considered appropriate to make a statement at this stage beyond the comments noted herein.

-END-

25 May 2020 - NW215

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Yako, Ms Y to ask the Minister of Trade and Industry

What (a) number of (i) companies have benefited from the black industrialist programme since its establishment and (ii) jobs have been created by each company and (b) are the relevant details of the (i) name of each company, (ii) directors and (iii) number of directors in each specified case?

Reply:

I am advised that a total of 149 companies have been approved under the Black Industrialist Scheme (BIS) since inception to 31 January 2020, supporting 22 176 jobs. This excludes the IDC’s programme.

The list of all approved enterprises and projects across all incentives has been published in the 2018/19 which can be accessed from the Department’s website: http://www.thedtic.gov.za/wp-content/uploads/2018-2019_Annual_Incentive_Report.pdf

-END-

25 May 2020 - NW135

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Lees, Mr RA to ask the Minister of Basic Education

(1) With reference to the Intaba Primary School in Bergville, KwaZulu-Natal, (a) what total number of learners are enrolled at the specified school, (b)(i) what number of learners are enrolled in each grade and (ii) which grades share a classroom and (c)(i) what number of teachers, desks and chairs are there and (ii) which grades does each teacher teach; (2) what number of classrooms, toilets and wash hand basins, offices and storerooms, libraries and computers are at the specified school; (3) what sports facilities are there; (4) what are the relevant details of the (a) areas where the minimum standards have not been met and (b) steps that she has taken to ensure that the minimum standards are met in each specified case?

Reply:

The response to the question has been sourced from the KwaZulu-Natal Department of Education and is attached 

25 May 2020 - NW4

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August, Mr SN to ask the Minister of Human Settlements, Water and Sanitation

(1)What steps have been taken to (a) implement the reserve or minimum flow of the National Water Act, Act 32 of 1998, in the Lemoenshoek River outside Barrydale, Western Cape, and (b) enforce the required downstream water provision flows from the dam; (2) what actions have been taken against officials who allegedly illegally authorised a borehole for groundwater abstraction within 100m of a watercourse for the owner(s) of the large dam

Reply:

(1) The Department of Water and Sanitation is in the process of determining the Resource Classes and Resource Quality Objectives for the whole Breede-Gouritz Water Management Area as contemplated in Section 13 of the National Water Act (NWA). The Lemoenshoek/Huis River is included in this project. Once the Resource Classes and Resource Quality Objectives (RQO) are finalized (gazette next financial year) and approved the flow requirements for the reserve will be set and implemented, where applicable. The RQOs project started around 2017 and was estimated to take 3-4 years and is expected to be completed by end of 2020.

Preventative measures to avoid possible impact on watercourse included regular site visits and also measuring of water levels from the new borehole in question versus the old borehole located even closer to the non-perennial stream. The observations indicated no influence to the old borehole. The landowner has been also asked to install a datalogger which will record (monitor) water levels for proper management of the aquifer. The landowner had appointed an independent Geohydrologist to perform pumping test (July 2018) before applying for a General Authorisation (GA) to ascertain impact and sustainable yield. The report provided sound recommendations in terms of borehole monitoring for future impacts which were acceptable in terms of consideration during the process.

(2) No action was taken against any official regarding this matter because the General Authorisation (Notice 538 of 2016) which was approved by the Director General (Acting) of the Department of Water and Sanitation on 15/04/2016 and clarity on the GA confirmation process/authorisation is provided on sub-section 4 below. The General Authorisation (GA) is applicable for the whole of South Africa with certain exclusion areas, amongst others that no groundwater can be taken, in terms of the GA, within a radius of 100 metres from the delineated riparian edge of a watercourse. In this case, based on the findings during the site visits and observations made, the determination made was that the extraction of such quantity (3628m3/a) of groundwater was not illegal.

The Breede-Gouritz Catchment Management Agency (BGCMA) does not authorize water use under the General Authorisation; the mandate of BGCMA is to confirm if the requirement of GA is being met for registration of water use. No approval is required as it is already approved, as mentioned above. In terms of condition 7 of the GA a person must register the water use if the use of groundwater is more than 10m3 on average per day. Below a volume of 10m3/d the taking is too small for registration. The particular Lemoenshoek property (Remainder of farm Lemoenshoek 37/24) submitted documentation to the BGCMA for the registration of the taking of water from groundwater for a volume of 3628m3 per annum. On average this is less than the required 10m3 daily taking from groundwater (small water use).

The BGCMA conducted a site visit on 3 December 2018 and the findings were as follows:

  • The river was extremely dry at the time and as the river is not delineated it was difficult to determine where the edge of the watercourse is. The river has been dry for previous years stretching from approximately 2014 and there has never been observation of flow for both summer and winter period since drought started. It should be clarified that the watercourse referred to as a river is a non-perennial stream which is a tributary of the Doring River located 4km north-west of the site.

There is an existence of old borehole which is closer to the watercourse that has been used by the farmer for irrigation and the current drilled borehole was even further away from watercourse which is a replacement of the existing borehole due to its blockage.

  • The extraction of water from groundwater was then confirmed for registration purposes, as the volume is small and the perceived risk is low.
  • Water levels observed from the new borehole were compared with water levels from old boreholes on three occasions during December 2018 to July 2019 and the results indicated no response of the old borehole to the new pumping borehole. As a result the new borehole did not seem to influence the non-perennial stream which has been dry some years prior to the drilling. It should be noted that the decision by the farmer to drill a replacement borehole was based on the fact that even the dam below was getting dry such that there was not enough water to be released downstream.

25 May 2020 - NW171

Profile picture: Cuthbert, Mr MJ

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

(a) What total number of Automotive Investment Scheme (AIS) approvals (i) are outstanding and (ii) require approval for the 2018-19 financial year, (b) what are the names of the relevant companies that are still waiting and (c) how long have they been waiting to be approved; 2) what has he found to be the economic implications arising from delayed approvals and (b) why have there been any delays in the approval of section AIS incentives; 3) what are the details of the (a) of list each AIS incentive transfer that has taken place since 1 April 2017 and (b)(i) amount of the transfer and (ii) the manufacturer concerned; 4) (a) whether or not the AIS adjudication committee is in place, (b) how long is their term of office and (c) on what date will the term of the current committee expire? NW192

Reply:

I am advised as follows:

1. 45 projects were granted approval under the Automotive Incentive Scheme (AIS) in 2018/19 financial year. All completed applications have been adjudicated as end of the financial year. A list of all approved enterprises and projects across all incentives has been published in the 2018/19 incentive performance report that was tabled in Parliament. The report can also be accessed from the Department’s website: www.thedti.gov.za/publications

2. Delays occurred due to lack of information from applicants, internal verification processes as well as late feedback from applicants. The economic implications are that the applicant either continues with the investment or may not invest in line with its business decision.

3. In 2017/18 financial year 115 projects were paid a total amount of R1.5 billion and R1.9 billion was paid to 112 projects in 2018/19 financial year.

4. The process of appointing adjudication committee members under Department of Trade, Industry and Competition (DTIC) is underway.

-END-

25 May 2020 - NW247

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

What are the relevant details of the (a)(i) contracts and/or (ii) tenders awarded by her department to certain companies (names and details furnished), (b)(i) date, (ii) duration and (iii) cost of each specified contract and/or tender and (c) services rendered by the specified companies?

Reply:

The information provide to me by my two departments is as follows:

Department of Human Settlements (DHS):

(a) The National Department of Human Settlements contracted the services of one of the companies referred to by the Honourable Member on 10 December 2015.

  • The contract costs were R 2, 166 912.00;
  • The duration of the contract was seven (7) weeks;
  • The bid/ tender number is VA 49/516; and the order number is DH- 023574 and
  • The purpose of contracting the services of Foresight Advisory Services was to conduct an investigation of fraud, corruption and financial misconduct in the Nelson Mandela Bay Municipality (NMBM), related to housing and human settlements matters.

(b) No contract/tender was awarded to the second company referred to in the question.

Department of Water and Sanitation:

None

25 May 2020 - NW319

Profile picture: Powell, Ms EL

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

(1)What are the details of the (a) undertakings she made in response to the recent protests regarding addressing challenges of water availability in QwaQwa in the Free State and (b) progress made in respect of such undertakings; (2) whether she will provide the information on the progress made in this regard to date to Ms E L Powell; if not, why not; if so, what are the relevant details?

Reply:

(1) (a) In response to the recent protests that occurred in January 2020 regarding addressing challenges of water availability in QwaQwa in the Free State I had committed to the following:

  • Sedibeng Water would be appointed as the implementing agent with regard to all issues related to water challenges.
  • A total amount of R220 million will be ring fenced to address water challenges faced by the community of Qwaqwa.
  • A total of 5000 water tanks to be procured to increase the number of water tankers (trucks) on the ground
  • Equip boreholes to provide water relief
  • Explore new technologies to address water challenges
  • Establish a Hotline and Call Centre to deal with immediate challenges related to water.
  • Sedibeng Water to establish the War Room.

(b) Progress made with regard to the commitments made by the Minister of Human Settlements, Water and Sanitation are as follows:

  • Sedibeng Water was appointed as the Implementing Agent for drought intervention in Maluti-a-Phofung Local Municipality.
  • R54 million was allocated in the financial year ending March 2020. More funds are to be allocated in this financial year.
  • Seventeen (17) boreholes were equipped with submersible pumps and hand pumps and a total of five (5) boreholes were equipped and connected to the network.
  • Potential service providers were invited and presented their technologies which included:
        • Package Water Treatment Works that can be installed quicker than the conventional Water Treatment Works.
        • Pumps that do not use electricity.
  • A Steering Committee was established and consists of various stakeholders from the community and government representatives.
  • Stakeholders Forum has been established and is chaired by the Free State MEC COGTA.
  • Maluti-A-Phofung Drought Intervention Programme War Room has also been established by the Sedibeng Water Board.
  • A call centre has been equipped and resourced and an application done to Telkom for a hotline which will be operational once Telkom has finalised the installation.
  • 136 units of 5,000 litres (5 kL) water tanks have been distributed.
  • 30 units of 10,000 litre (10 kL) tanks have been distributed.
  • Construction of masonry tank stands has commenced in Ward 28 (Leribe, Theosane, Mabolela and Mabolela Central) and Ward 15 (Thabang, Masimong, Madimong, Sekgutlong).
  • 25 Water Tankers of 16 000 litre capacity are delivering water to the affected areas.
  • The Maluti-A-Phofung LM has hired 29 trucks from the local contractors.

(2) Progress is as indicated in (1)(b) above.

22 May 2020 - NW471

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether (a) her department and (b) any lessees on state land owe money to the Great Fish River Water Association; if so, (i) what amount is outstanding, (ii) from what date has it been outstanding and (iii) on what date will it be paid?

Reply:

(a)  Yes, water use charge is regarded as a charge on land. However, where land is leased on a long-term basis, such liability gets passed to the lessee. In the event where the lessee fails to pay, the Department’s Policy provides for the possibility of stepping in to settle the debt and then recover the amount spent from the lessee.

(b)  Yes, in the context of the response to (a) above.

(i)  The estimation was R20, 438, 725.82 as at 20 March 2020.

(ii) From 2014.

(iii) The Department is working with the Great Fish River Water Association to reconcile the invoices and make payment as soon as that process is concluded.

22 May 2020 - NW473

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

What is the total number of farms and/or land parcels that her department purchased in the Sarah Baartman District Municipality; (2) whether any other state-owned and/or government department (a) bought and/or (b) owns land in the specified district municipality; if so, (i) what are the details of each state-owned entity and/or department that purchased or owns land, (ii) under which programme has the land been purchased, (iii) in which year has it been purchased, (iv) what is the size of each piece of land, (v) who is the current owner and/or beneficiary on each farm and (vi) what are the details of the current use of the land; (3) whether a lease agreement exist on each land parcel; if not, what is the position in this regard; if so, on which parcels were title deeds handed over?

Reply:

1. 287

2. (a), (b) Yes.

(i), (ii), (iii), (iv),(v),(vi) See attached Annexure A.

3. See Annexure A.

22 May 2020 - NW472

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

What is the total number of farms and/or land parcels that her department purchased in the Chris Hani District Municipality; (2) whether any other state-owned and/or government department (a) bought and/or (b) owns land in the specified district municipality; if so, (i) what are the details of each state-owned entity and/or department that purchased or owns land, (ii) under which programme has the land been purchased, (iii) in which year has it been purchased, (iv) what is the size of each piece of land, (v) who is the current owner and/or beneficiary on each farm and (vi) what are the details of the current use of the land; (3) whether a lease agreement exist on each land parcel; if not, what is the position in this regard; if so, on which parcels were title deeds handed over?

Reply:

1. 205

(2) (a),(b) Yes

(i),(ii),(iii),(iv),(v),(vi) See attached Annexure A

3. See Annexure A

22 May 2020 - NW470

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Steyn, Ms A to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department wrote letters to any farmers who are currently farming on state land to inform them to vacate the land; if so, (a) what number of farmers were affected, (b) what were the reasons given to each farmer who was asked to vacate the land and (c) what number of these letters were sent out since 1 April 2019 in each (i) district and (ii) province?

Reply:

Yes.

(a) 36

(b) See Annexure A

(c) See Annexure A

22 May 2020 - NW369

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Chabangu, Mr M to ask the Minister of Transport

What is the percentage of locally produced goods that the Airports Company of South Africa uses to maintain all airports under its control?

Reply:

Airports Company South Africa (ACSA)

The Service contracts used for the maintenance of ACSA’s assets have been analysed and information relating to the provisions of spares components and materials for both local and foreign procurement has been extracted. The labour components have excluded from the exercise, however, in all instance are 100% local.

The outcome of the exercise is as per the table below:

 

Local Component

Foreign Component

Total Spares components and materials

R258 93 309

R110 774 242

 

70.03%

 

The foreign components generally comprise spares required for:

  • Baggage handling systems
  • Automated Weather observations Systems
  • Airfield Ground Lighting Systems
  • X-ray Machines
  • Passenger Boarding Bridges
  • Instrument Landing systems
  • People Movers
  • Photovoltaic System

22 May 2020 - NW719

Profile picture: Van Minnen, Ms BM

Van Minnen, Ms BM to ask the Minister of Transport

(1) Whether in light of five AFRO4000 locomotives that were sold on auction as they were not deemed suitable to run on the Republic’s rail network, the Passenger Rail Agency of South Africa (Prasa) is in talks to purchase more AFRO4000 locomotives from Stadler Rail; if not, what is the position in this regard; if so, who are the parties to the negotiations; (2) in view of the fact that Prasa is under administration and his department announced that negotiations would be complete within two weeks from 10 March 2020, what role is his department playing in the negotiations; (3) (a) what steps will Prasa take to protect the money paid to Swifambo Rail Leasing that is currently facing liquidation proceedings in the High Court, (b) are the negotiations for the locomotives related to these proceedings and (c) does it pertain to the remainder of the locomotives that have not yet been delivered; (4) (a) what is the role of the specified company in the negotiations and (b) does this matter relate to the declaratory order sought by the company to avoid a claim of R2,6 billion from Prasa?

Reply:

PRASA has commenced exploratory talks under the guidance of the Department of Transport with the Liquidators of Swifambo contract as well as Stadler Rail the Company that acquired Vossloh Espana. Due to the COVID-19 pandemic, the discussions have been suspended will resume at a later stage. PRASA is looking at the best deal on this contract and what will be resolved will certainly protect the interest of PRASA.

22 May 2020 - NW371

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Nolutshungu, Ms N to ask the Minister of Transport

(a) What is the total length of the railway track infrastructure in the Republic and (b) how much of it is (i) used and (ii) not used?

Reply:

(a) The total length of railway track in South Africa exceeds 20 000km. PRASA owns approximately 2 300km of railway track, located primarily in the metropolitan areas of the country.

(b) (i) All of the PRASA track is earmarked for operations / use.

(ii) However, due to the unprecedented levels of theft in the PRASA rail environment a number of services have been temporarily suspended on key corridors. The rehabilitation of infrastructure, including electrical, perway, signalling and security interventions are required to recover the rail services on these corridors. The affected corridors include the Central Line in Cape Town and the Mabopane Corridor in Gauteng.

22 May 2020 - NW368

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Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development

Whether her department has any programmes to support commercial goat farmers in the (a) Chris Hani and (b) OR Tambo District Municipalities in the Eastern Cape; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

(a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) does not have national programme to support commercial goat farmers in the (a) Chris Hani and (b) OR Tambo District Municipalities in the Eastern Cape.

However, the Eastern Cape Provincial Department of Rural Development and Agrarian Reform (DRDAR) provides technical, advisory and veterinary support to goat farmers in the province of the Eastern Cape. Furthermore the DRDDAR in collaboration with the University of Fort Hare are improving local goat production through research and goat development programme.

Improved goats are distributed to local goat farmers under DRDAR Livestock Production Improvement programme in order to improve food security through goat production in communities.

22 May 2020 - NW720

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Van Minnen, Ms BM to ask the Minister of Transport

(1) (a) What plans does the Passenger Rail Agency of South Africa (Prasa) have for when the remainder of the AFRO4000 locomotives, which are deemed unsuitable for the rail network, are delivered to the Republic and (b) which entity would take ownership of the locomotives; (2) (a) whether Prasa has already paid R2,6 billion for the locomotives; if not, what is the position in this regard; if so, why is Prasa negotiating to purchase the locomotives; (3) what (a) is the relationship between Prasa and certain companies (names furnished) and (b) steps is Prasa taking to ensure restitution of the R2,6 billion?

Reply:

PRASA has commenced exploratory talks under the guidance of the Department of Transport with the Liquidators of Swifambo contract as well as Stadler Rail the Company that acquired Vossloh Espana. Due to the COVID-19 pandemic, the discussions have been suspended will resume at a later stage. PRASA is looking at the best deal on this contract and what will be resolved will certainly protect the interest of PRASA.

22 May 2020 - NW227

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Mey, Mr P to ask the Minister of Transport

(1)Which authority has he appointed in terms of section 7 of the National Road Traffic Act, Act 93 of 1996, as inspectors of transport manufactures, builders and importers in Gauteng; (2) which regulations or provisions regulate (a) the issuing of permits for commercial transport operators on public roads, (b) the technical requirements pertaining to the vehicles and (c) operational requirements of such transport services; (3) which provision requires of a truck-tractor and semi-trailer combination to be subjected to the procedure referred to as sequencing?

Reply:

1. Which authority has he appointed in terms of section 7 of the National Road Traffic Act, Act 93 of 1996, as inspectors of transport manufactures, builders and importers in Gauteng;

Answer

Initially, the Department appointed SABS, however, due to the establishment of the National Regulator for Compulsory Specifications (NRCS) in terms of the NRCS Act, 2008 the NRCS is performing the functions of the inspectorate of manufacturers, builders and importers. The NRCS and the Department are negotiating the details of the Service Level Agreement the parties intend concluding.

2. Which regulations or provisions regulate (a) the issuing of permits for commercial transport operators on public roads, (b) the technical requirements pertaining to the vehicles and (c) operational requirements of such transport services;

Answer

(a) Section 45(1)(a) of the National Road Traffic Act, 1996 (Act No.93 of 1996), provides that “ subject to paragraph (b), the owner of a motor vehicle of a prescribed class is the operator thereof and shall upon licensing thereof, be registered as such in the prescribed manner and on the prescribed conditions. Section 47 also provides that no person shall operate a motor vehicle of any class contemplated in section 45(1) on a public roads unless a valid operator card is displayed on such motor vehicle in the prescribed manner.

Furthermore, Section 81 (2) of the National Road Traffic Act provides that the MEC may, after the applicant has paid the fees or charges referred to in section 7(3) and subject to such conditions as he or she may determine, authorise in writing, either generally or specifically, the conveyance in a safe manner on a public road of passengers or any load which does not comply with the loading restrictions provided for by the Act.

(b) The technical requirements for such vehicles are contained in the TRH11 Dimensional and Mass Limitations and Other Requirements for Abnormal Load Vehicles which contains types of abnormalities, load and vehicle configurations, abnormal load classification, dimensional limitations, i.e. length, width, height, overhangs, load projections, wheelbase, turning radius, mass limitations, marking and escorting, speed restrictions, technical detail and calculations, road usage factor calculation, effective width calculation and tyre pressure calculation.

(c)  The operational requirements are contained in both the TRH11 Administrative Guidelines for Granting of Exemption Permits for the Conveyance of Abnormal Loads and Dimensional and Mass Limitations and Other Requirements for Abnormal Load Vehicles.

Answer

3.which provision requires of a truck-tractor and semi-trailer combination to be subjected to the procedure referred to as sequencing?

The requirement for sequencing is contained in the TRH11 Administrative Guidelines for Granting of Exemption Permits for the Conveyance of Abnormal Loads which is used by Provinces in granting permits for the operation of such vehicle on public roads.

 

22 May 2020 - NW443

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Mabhena, Mr TB to ask the Minister of Transport

(1)Whether he has found that the failure to establish the Consultative Environmental Committee infringes and violates the rights of the citizens and is a violation of the SA Civil Aviation Authority (SACAA) (details furnished); (2) whether he has been informed that a licence was granted to a certain company (name furnished) for a heliport, however to date no Consultative Environmental Committee has been established; if not, what form of recourse will he initiate to correct the current violation of the SACAA regulations; if so, what steps has he taken in this regard noting that the residents of Buccleuh have been hardest hit in terms of the alleged dereliction of duty by SACAA; (3) whether there was any public consultation process that was undertaken when the heliport was established, if so, will he furnish Mr T B Mabhena with the (a) details of the meeting(s) and (b) attendance register(s) of the public consultation process?

Reply:

South African Civil Aviation Authority (SACAA)

Answer Q1:

No right are currently being violated by the SACCA, through the non-establishment of a Consultative Environment Committee, for the reason as set out below;

  • The regulation does not impose a requirement for the establishment of a CEC, but allows discretion by the Director of Civil Aviation to be applied as the necessity of a CEC.
  • The establishment of land-based aviation infrastructure, such as heliport, airport or helistop, is subject to approval by the land Use Management Authority, which is the local authority, who is responsible for zoning restrictions on activities, etc. for its area of jurisdiction.
  • The monitoring, implementation and enforcement of the Spatial Planning and Land Use Management Act 2013, (Act No.16 of 2013), is not the responsibility of the SACCA.
  • The SACCA relies on the approval granted by the relevant authority, before proceeding with the assessment of an application for the establishment of any aviation infrastructure.
  • In addition, part of such an approval includes and environment assessment or scoping, which is also considered by the Land Use Management Authority, before granting its approval.

A Consultative Environment Committee can be established at the discretion of the Director of Civil Aviation, should she deem it necessary in line with the provisions of Part139.03.8(4) of the Civil Aviation Regulations. Such a need may rises because of changing conditions around an established facility, where approval by local Authority has been in existence for a significant length time. Ordinary the Director is not expected to establish a Consultative Environmental Committee with regards to newly established facilities as environmental assessment and scoping process is one of the reports to be considered by the Local Authority during the approval process, unless the Local Authority has stated the requirement of a Committee, or similar consultative structure, as a condition of approval of a facility. In the case of Ultimate Heli, the Land Management Authority (Johannesburg)did not impose any conditions that impacts that mandate of the SACCA.

Answer Q2

a)  Ultimate Heli applied for a heliport licence. Their application was not granted as they are yet to meet all legal requirements. They were, however, issued with a helistop approval, which has less stringent requirements than a heliport licence approval. Ultimate Heli is still in the process of expanding their facility in order to comply with heliport licence requirements. In terms of the Civil Aviation Act 2009 (Act 13 of 2009 the Minister is not required to be informed of such an approval.

B) As highlighted with the answer to Question1, the non-establishment of a Consultative Environment Committee is not a violation of the Civil Aviation Regulations,2011, as the Director of Civil Aviation has a discretion to establish such a committee should it be necessary.

c)  Although not a legal requirement as this stage, the SACCA is aware that Ultimate Heli is in discussions with Buccleuch residents, in order to provide for a forum where they will discuss issues of common interest.

Upon reviewing the matter, the Minister of Transport does not deem it necessary to initiate any form of recourse as there is no dereliction of duty or failure by the Department of Transport or the SA Civil Aviation Authority. The Minister of Transport herby advises that this matter referred to the Land Use Management Authority, by the complainants, being the City of Johannesburg.

Answer Q3

The requirement for public consultative meetings is contained in the process leading up to an environment approval under the applicable environmental legislation and is the function of the Local Authority, before granting its zoning approval. It is not a requirement to be fulfilled by the SACCA or the Department of Transport, in terms of the Aviation Legislation.

SACCA is, however, required to do public consultation in order to solicit public comments or the establishment of heliports. The latter was done through publication in Government Gazette, as prescribed in Part 139.03.11 of the Civil Aviation Regulations, 2011.

The said application was published in Government Gazette Nr:918, published on 31 August 2018 for public comment, followed by a correction notice, Nr:944, on the 12 September 2018, due to error in the closing date stated in Nr:918. No comments were received in relation to the issues raised in this PQ, or any other concern relating to environment impact. Question3(a) and (b) therefore do not apply as the said public consultation was an initial requirement from the local Authority in approving the location, from an Environmental Impact Assessment perspective, and subsequent publication required by the Civil Aviation Regulations, was done by publication through Government Gazette, in compliance with the regulations, and not holding public hearing.

22 May 2020 - NW382

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Ndlozi, Dr MQ to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she will meet the residents and the community of Ward 8, Moyeni Location, in Nyandeni Local Municipality to listen to their plight to avoid criminalisation of land activists?

Reply:

No. The Minister and the Department have not been provided with any request or information that justifies the Minister’s meeting with residents of Ward 8 in Nyandeni Local Municipality.

22 May 2020 - NW586

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Montwedi, Mr Mk to ask the Minister of Agriculture, Rural Development and Land Reform

What measures has she put in place to support farmers through the Recapitalisation and Development Programme given that some farmers have already missed planting crops for the previous season?

Reply:

None. The Recapitalisation and Development Programme doesn’t exist in the Department of Agriculture, Rural Development and Land Reform.

22 May 2020 - NW370

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Chabangu, Mr M to ask the Minister of Transport

What number of railway stations have closed and are no longer in use in the Republic since 1994?

Reply:

The following stations were closed and are no longer in use:

Gauteng:

  • Ellis Park – was closed in 2009 in preparation for 2010 World Cup. A risk assessment that was conducted showed that the platforms were narrow and could not accommodate the number of commuters going to the stadium. Ellis Park station was also too close to Doornfontein station and could easily use Doornfontein as the main station for Ellis Park stadium.

Western Cape:

  • Paarveneialand
  • Sunnycoast

Both stations were closed in 1996. They were not used by commuters but mainly used by railway employees and stopping was causing delays.

KwaZulu-Natal

  • None

Eastern Cape

  • None

Some of the stations (not listed) are temporarily and not permanently closed as a result of flooding, vandalism, crime, and PRASA not providing services as a result of shortage of rolling stock. As soon as projects are implemented to recover the service, these stations will be opened.

22 May 2020 - NW585

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Mthenjane, Mr DF to ask the Minister of Transport

What are the reasons that his department is failing to assist Mr Boy Nonyane from Marite Trust in Bushbuckridge, Mpumalanga, whose house was damaged by a certain company (name furnished) during the road construction of the R40 between Hazyview and Bushbuckridge?

Reply:

  1. SANRAL contract R.040-050-2010/2 for upgrading of R40 from turnoff to Sabie (the R28) to R533 in Bushbuckridge awarded to Roadmac Surfacing (Pty) Ltd and work commenced on 28 February 2011 and ended in February 2013.
  1. The claim was made by Mr Henry Nonyane, of Stand 711; Jim Brown Trust; Hazyview that damage discovered by Ms Agnes Sehlangu to his dwelling was allegedly caused on 19 and 20 January 2012 by the action of a vibratory roller being operated by the contractor or his sub-contractors at the time.
  1. Two of the contractor’s staff, Mr Peter Makwetla and Mr Kenneth Mashego, accompanied by the Resident Engineer from Vela VKE Consultants Mr Johan Van Straten attended a meeting with Ms Agnes Sehlangu at the house. The contractor was of the view that the damage to the house could not have been caused by his operations. The position of the house was more than 50 meters away from the road, and so was far enough away for the vibratory roller to have no effect. In spite of this, the claim was referred to the contractor’s Insurance providers. The matter was investigated, and the claim was subsequently denied as there was insufficient proof that the damage was caused by the activities of the contractor. All machinery was found to comply with standard specifications.
  1. On 4 September 2012, the contractor’s brokers sent a letter via email to Ms Sehlangu that her claim was rejected. On 12 September 2012 the claimant’s legal advisors responded to above letter with request that decision be revisited. On 16 October 2012, the contractor wrote a letter to the claimant’s legal advisors that their claim was denied and no compensation for damages would be made.
  1. No further correspondence was received from the claimant by the contractor nor SANRAL since the above communication in 2012.
  1. The project was handed back to SANRAL in February 2012 and the Defects Liability period ended in February 2013. In terms of the contract with SANRAL, the contractor is obliged to carry all risks associated with claims from third parties against the contract and that SANRAL is not legally responsible. Due to fact that the contract ended in February 2013 and that the matter has now prescribed in law as it is older than 3 years, SANRAL has no further actions it can take to assist.

4 September 2012 - Letter from Contractors Brokers