Questions and Replies

Reply:

There are decisive steps which I took in addressing the detected malfeasance at the NSF. It must however be stated that the R5 billion quantum is not an accurate figure, the correct figure is much lesser than that.

At the time of the Auditor General of South Africa (AGSA) indicating that the AGSA audit process could not conclusively report on the NSF funded projects amounting to about R2.5 billion, I immediately placed the then Director-General and the Chief Executive Officer on precautionary suspensions.

Further to that I commissioned a forensic investigation on the financial affairs of the NSF to which NEXUS FORENSIC SERVICES was tasked.

The forensic report has since been received studied and presented to SCOPA and the Parliamentary Portfolio Committee of Higher Education Science (PCHESI) and Innovation.

Critical consequence management action taken since the release of the report are:

1. DHET assisted by the State Attorney office has issued further precautionary suspension letters to internal official implicated by the forensic report with the intention of taking disciplinary actions.

2. A case of criminal investigation, as recommended in the forensic report has been opened with the South African Police Services.

3. Further to these interventions, and for the purpose of recouping the NSF funds from ill-gain, the Special Investigative Unit (SIU) has been brought on board. The results thereof will be civil action claims against all parties who corruptly benefitted from the NSF skills development funding system.

The forensic investigation, much as the AGSA also did point out, exposed the soft underbelly of the NSF business operating systems which may have contributed vastly to opportunistic malfeasance conducts.

I have since commissioned a Ministerial Task Team (MTT) to look at the reconfiguration of the NSF business operating model so that it becomes an effective, efficient, and economically efficient skills development entity.

The MTT has completed its task and has submitted a report to which the Director General of the DHET has been tasked to complete the processes of implementing the report by 31 July 2023. The report has been presented to PCHESI.

Reply:

The Cele Community lodged a land claim with the Commission on Restitution of Land Rights during the first window period to lodge land claims and the said claim was settled by the Commission in 2013 through land restoration. The land that has been restored to the Cele Community is as follows:

NO.	Property Description	Extent	Date of Registration
1	Ptn 7 of the Farm Lucasdale No 15690	50,0000	06 Jan 2010
2	Ptn 8 of the Farm Lucasdale No 15690	32.5573	10 Jul 2008
3	Farm Glendale C No 16996	183.8379	O6 August 2010
4	Remainder of the Farm Langespruit No 1180	1445.9431	10 Jul 2008
5	Remainder of Ptn 1 of the Farm Waterbosch No 1276	162.0266	10 Jul 2008
6	Remainder of Ptn 7 of the Farm Waterbosch No 1276	11.1288	26 Jul 2008
7	Portion 29 of the Farm Waterbosch No 1276	12.1406	25 Jul 2008
8	Portion 28 of the Farm Waterbosch No 1276	8.0937	08 Jan 2010
9	Portion 51 of the Farm Waterbosch No 1276	2.7236	10 Jul 2008
10	Portion 62 of the Farm Waterbosch No 1276	11.1288	04 Nov 2010
11	Remainder of the Farm Mount Albert No 3175	45.5308	10 Jul 2010
12	Portion 2 of the Farm Mount Albert No 3175	55.9723	10 Jul 2008
13	Portion 1 of the Farm Lot H No 3637	5414SQM	22 Aug 2008
14	Portion 2 of the Farm Lot H No 3637	2.9289	22 Aug 2008
15	Remainder of the Farm Taurus No 3841	188.7225	10 Jul 2008
16	Portion 5 of the Farm Taurus No 3841	4.0469	10 Jul 2008
17	Portion 9 of the Farm Hlangwini No 3868	12.1167	26 Jul 2008
18	Portion 15 of the Farm Hlangwini No 3868	20.2088	25 Jul 2008
19	Portion 27 of the Farm Hlangwini No 3868	8.0937	26 Jul 2008
20	Portion 29 of the Farm Hlangwini No 3868	4.0469	26 Jul 2008
21	Remainder of the Farm Rankin No 6543	37.4473	26 Jul 2008
22	Portion 9 of the Farm Hlangwini No 3868	10.1172	26 Jul 2008
23	Portion 10 of the Farm Hlangwini 3868	10.1172	26 Jul 2008
24	Remainder of Ptn 1 of the Farm Badulsdale No 13004	65.1878
25	Portion 26 of the Farm Badulsdale No 13004	20.2621	25 Jul 2008
26	Portion 17 of the Farm Hlangwini No 3868	6.0708	26 Jul 2008
27	Portion 12 of the Farm Hlangwini No 3868	117,3589	10 Jul 2008
28	Portion 16 of the Farm Hlangwini No 3868	20.2343	26 Jul 2008
29	Portion 27 of the Farm Hlangwini No 3868	4.0469	26 Jul 2008
30	Portion 28 of the Farm Badulsdale No 13004	16.1874	25 Jul 2008
31	Portion 17 of the Farm Badulsdale No 14004	10.1172	10 Sep 2008
32	Portion 6 of the Farm Badulsdale No 13004	81.0368
33	Portion 9 of the Farm Hlangwini No 3868	10.1172	26 Jul 2008
34	Portion 4 of the Farm Hlangwini No 3868	4.0469	29 Jul 2009
35	Portion 5 of the Farm ramsdale No 14536	20.2343	24 Jun 2011
36	Portion 11 of the Farm Langesboskop 15375	212.8510	04 Nov 2010
37	Portion 12 of the Farm Hlangwini No 3868	212.8214	04 Nov 2010
38	Portion 26 of the Farm Langesboskop No 15375	209.2871	04 Nov 2011
39	Portion 32 of the Farm Langesboskop No 15375	65.5670	04 Nov 2011
40	Portion 26 of the Farm Badulsdale No 13004	20.2621	25 Jul 2008
41	Portion 16 of the Farm Hlangwini No 3868	20.2103
42	Portion 1 of the Farm Badulsdale No 13004	65.1878
43	The Farm Glendale E No 17136	1019.1906	06 Aug 2010
44	The Farm Glendale F No 17137	456.8980	06 Aug 2010
45	Portion 12 of the Farm Waterbosch No 1276	12.1406	25 Nov 2011
46	Remainder of Portion 16 of the Farm Waterbosch No 1276	11.3312	25 Nov 2011
47	Portion 23 of the Farm Waterbosch No 1276	50.5868	14 Oct 2011
46	Portion 35 of the Farm Waterbosch No 1276	10.1172	04 Noember 2010
47	Portion 43 of the Farm Waterbosch No 1276	8094SQM	29 Jul 2009
48	Portion 4 of the Farm Waterbosch No 3772	7.6336	19 Aug 2013
49	Portion 5 of the Farm Linden No 3772	5.2676	10 Sep 2008
50	Remainder of Portion 2 of the Farm Hlangwini No 3868	5.0111	29 Jul 2009
51	Portion 5 of the Farm Hlangwini No 3868	9.1599	29 Jul 2009
52	Portion 6 of the Farm Hlangwini No 3868	35.2008	10 Sep 2008
53	Portion 10 of the Farm Hlangwini 3868	10.1172	26 Jul 2008
54	Portion 12 of the Farm Hlangwini No 3868	10.1174	10 Sep 2008
55	Portion 17 of the Farm Badulsdale No 14004	10.1172	20 Sep 2008
56	Portion 3 of the Farm Ramsdale No 14536	4.0469	29 Jul 2009
57	Portion 1 of the Farm Rankin No 6543	23.7396	22 Aug 2008
56	Portion 2 of the Farm Rankin No 6543	21.3522	22 Aug 2008
57	Rem of the Farm Badulsdale No 13004	107.0744	26 Jul 2008
58	Portion 4 of the Farm Badulsdale No 13004	56.4917	26 Jul 2008
59	Portion 7 of the Farm Badulsdale No 13004	6.0703	06 Dec 2010
60	Portion 8 of the Farm Badulsdale No 13004	6.0703	06 Dec 2010
61	Portion 9 of the farm Badulsdale No 13004	6.0702	06 Dec 2010
62	Portion 10 of the Farm Badulsdale No 13004	6.0704	06 Dec 2010
63	Rem of Portion 16 of the Farm Badulsdale No 13004	20.2343	26 Jul 2008
64	Portion 27 of the Farm Badulsdale No 13004	4.0469	26 Jul 2008
65	Portion 1 of the Farm Kundale No 14535	18.4981	26 Jul 2008
66	Portion 13 of the Farm Langesboskop No 15375	514..8282	06 Dec 2010
67	Portion 14 of the Farm Langesboskop No 15375	191.5772	29 Oct 2010
68	Portion 16 of the Farm Langesboskop No 15375	196.0397	29 Oct 2010
69	Portion 4 of the Farm Lucasdale No 15690	25.7175	10 Jul 2008

Similarly, the Qwabe Community lodged their land claim during the first window period of lodging land claims, but this claim has not yet been settled by the Commission. The properties that are the subject of the Qwabe land claim are as follows:

Number	Property	Number
1	Waterfall	1205
2	Glen Aryil	909
3	Lalucia	14634
4	Compensation	868
5	Lot	56931
6	La Mercy	15124
7	Doornkloof	1399
8	Hlangwini	3568
9	Badulsdale	13004
10	Hlanzane	3842
11	Licksdale	1180
12	Taurus	697
13	Grafton	2229
14	Hlanzane	3842

.

A comparative analysis of the properties that have been restored to Cele Community versus those that have been claimed by the Qwabe Community will reveal that there is no competition between the properties claimed by either of the two communities.

Finally, it is important to note that the restitution process deals with the restoration of land rights to individuals or communities who were dispossessed of their land rights after 19 June 1913, but does not extend to settling disputes regarding traditional boundaries of communities, which is what the dispute between the Qwabe Community and Cele Community may be about. The dispute about the jurisdictional boundaries must be referred to COGTA for resolution.

 

END

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed that the total number of generators that were replaced due to redundancy for official Ministerial residences is 13.

2. Not all houses were equipped with generators:

a) The generators were replaced due to redundancy and was also too costly to maintain.

b) The generators were replaced due to redundancy and was also too costly to maintain.

3.a) 1 (one) generator has been procured and was installed on the 09 November 2022, and 3 (three) are still in the procurement stage.

b) The total amount of diesel spent is R784 135.00

Reply:

The Department of Small Business Development (DSBD) has signed Memoranda of Understanding (MoU’s) and/or transversal agreements with several departments and various agencies. The following table provides the details of the agreements signed with departments:

MEMORANDUM OF AGREEMENT
No.	Institutions	Detail of the agreement
1.	DSBD and the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (KZN EDTEA)	The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that red tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired social outcomes. 1. DSBD work in a clear and disciplined relationship on Red Tape Reduction/Ease of doing Business between the DSBD and the KwaZulu-Natal Provincial Departments. 2. DSBD has developed a province specific Programmes of Action, addressing Capacity Building and other mechanisms, over a three-year cycle to provide this disciplined relations and collaborative action to reduce Red Tape and unleash the potential small businesses in this province. 3. The Programme of Action developed for the province is aligned with government’s “One Plan” district and metro model and finds expression in both the DSBD’s as well as the provincial partners’ Annual Performance Plans (APPs). This integrated planning, standardisation and alignment of indicators involves all relevant provincial and local government officials, including Provincial COGTA, in its execution. 4. This is a journey that provinces cannot take alone, EDTEA, COGTA, SALGA, OTP are integral partners to the process. 5. A separate TOR for the relationship governing the collaboration between Provincial EDTEA, COGTA, SALGA, OTP and in some instances also Provincial Treasuries are also required internally. Geographical reach: Kwa-Zulu Natal province.
2.	Limpopo Department of Economic Development, Environment and Tourism (LEDET)	The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that red tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer, effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired social outcomes. 1. DSBD work in a clear and disciplined relationship on Red Tape Reduction/Ease of doing Business between the DSBD and the KwaZulu-Natal Provincial Departments. 2. DSBD has developed a province specific Programmes of Action, addressing Capacity Building and other mechanisms, over a three-year cycle to provide this disciplined relations and collaborative action to reduce Red Tape and unleash the potential small businesses in this province. 3. The Programme of Action developed for the province is aligned with government’s “One Plan” district and metro model and finds expression in both the DSBD’s as well as the provincial partners’ Annual Performance Plans (APPs). This integrated planning, standardisation and alignment of indicators involves all relevant provincial and local government officials, including Provincial COGTA, in its execution. 4. This is a journey that provinces cannot take alone, EDTEA, COGTA, SALGA, OTP are integral partners to the process. 5. A separate TOR for the relationship governing the collaboration between Provincial EDTEA, COGTA, SALGA, OTP and in some instances also Provincial Treasuries are also required internally. Geographical reach: Limpopo Province.
3.	Northern Cape Department of Economic Development and Tourism (NCDEDT)	The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that Red Tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer, effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired socio-economic outcomes hampering investment and transformation of local economies. 1. DSBD work in a clear and disciplined relationship on Red Tape Reduction/Ease of doing Business between the DSBD and the KwaZulu-Natal Provincial Departments. 2. DSBD has developed a province specific Programmes of Action, addressing Capacity Building and other mechanisms, over a three-year cycle to provide this disciplined relations and collaborative action to reduce Red Tape and unleash the potential small businesses in this province. 3. The Programme of Action developed for the province is aligned with government’s “One Plan” district and metro model and finds expression in both the DSBD’s as well as the provincial partners’ Annual Performance Plans (APPs). This integrated planning, standardisation and alignment of indicators involves all relevant provincial and local government officials, including Provincial COGTA, in its execution. 4. This is a journey that provinces cannot take alone, EDTEA, COGTA, SALGA, OTP are integral partners to the process. 5. A separate TOR for the relationship governing the collaboration between Provincial EDTEA, COGTA, SALGA, OTP and in some instances also Provincial Treasuries are also required internally. Geographical reach: Northern Cape
4.	Eastern Cape Rural Development Agency (ECRDA)	Areas of collaboration Assistance with market access, especially the integration of SMMEs and co-operatives to private sector value chains Access with bulk buying in order to build the capacity of informal businesses to become competitive Provision of Business Development Services to SMMEs and co-operatives Cannabis development: the idea is to kickstart a Rapid Industrialisation of Cannabis, set up a Cannabis Incubator as well as stakeholder engagements operating in this industry. Magwa-Majola Development Corridor: a need to develop SMMEs and co-operatives to participate in the Magwa Majola Agricultural Corridor. Wild Coast Coastal Belt offers immense opportunities for the coastal communities. Renewable Energy: there is a role for SMMEs and co-operatives to venture into this area: Forestry development, livestock development, agro-processing and provision of financial support in line with guidelines Geographic reach: Eastern Cape province.
5.	Department of Forestry, Fisheries and Environment	Areas of collaboration: Facilitate participation of SMMEs and Co-operatives within business value chains, especially those owned by women, youth and persons with disabilities within the following areas: • Biodiversity Economy - wildlife, bioprospecting / biotrade, and ecotourism sectors, • Chemicals and Waste Economy — Recycling Enterprise Support Programme (RESP); Refrigeration and air-conditioners (RAC) Programme; • Green Economy (Climate Change & Air Quality); • Forestry Masterplan; • Fisheries Management (small scale fisheries and aquaculture as a sub sector of the Oceans Economy); • Invasive Alien Plant and bush encroachment Biomass Economy (Environmental Programmes); and • Environmental Protection and Infrastructure sector (Environmental Programmes). • In line with the joint work plan, the two parties agreed to provide capacity building, skills development, production support, incubation, enterprise development, mentorship and training of SMMEs and Co-operatives sharing and securing resources (financial and non-financial resources), both parties further agreed to implement programmes nationally. Geographical reach: National level.
6.	Department of Cooperative Governance (DCoG)	This MOU formalises the intentions of both parties to work together in strengthening democratic and developmental local government, as well as promoting more effective, efficient and responsive local governance in South Africa and within Southern Africa, as determined by the Parties. The Parties undertake to cooperate with each other in the following broad areas: • Implementing the Cooperatives Support Development Programme through both DSBD and its agencies and further facilitate the establishment of sustainable cooperatives within viable economic conditions. • Position cooperatives for radical economic transformation to facilitate active participation of cooperatives in mainstream economy; and facilitate access to funding and markets to identified cooperatives. • Adequately invest on Local Economic Development at provincial and municipal levels to facilitate inclusion of Cooperatives Development Programmes in IDP’s, LED strategies and support at those levels; Central to this approach includes interventions like Assert Based Community Development, the NDP, Land reform policies, Integrated Develop Plans of municipalities; as well as the alignment of programmes and budgets of a number of various projects and spheres of government coordinated at Local Government level; Implement capacity enhancement and development programmes targeting LED Practitioners and Portfolio Committees in order to adequately support. Geographic reach: MoU is pitched at National level but will be implemented both provincial and local levels piloting the arrangement in KZN.
7.	Eastern Cape Province Department of Economic Development, Environmental Affairs and Tourism (DEDEAT)	Areas of collaboration The two departments undertake to collaborate in the areas of Red Tape Reduction with regard to small business cooperative development with focus on providing support to implementation of remedial actions to reduce time and costs of existing procedures and processes making them less complex and more cost and time efficient. The agreement will also cover the following: • Informal Economy interventions • Cooperative development • Sector specific interventions • Innovation and digitization and • Co-funding of projects Geographic reach: The agreement will be implemented at a provincial level to support local initiatives within the jurisdiction of the Eastern Cape.
8.	Department of Economic Development – Western Cape	The MoU integrates the work of Seda that was part of the initial arrangement with the Western Cape
9.	Department of Agriculture, Land Reform and Rural Development	Effective implementation of the Ecosystem Development for Small Enterprises (EDSE) Programme

STELLA NDABENI-ABRAHAMS

MINISTER: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

Reply:

The yacht referred to has not docked at any of South Africa’s harbours. No pre-clearance application was received for such a yacht to dock at Cape Town harbour.

END

Reply:

1. There is no statistical summary of rejected applications in terms of section 2(3) of the Act.
2. Four (4) Officials
3. The standard operating procedure (SOP) for the Alteration of Sex Description and Sex Status was signed in October 2020 and is applied by officials that process the applications. The Department is unable to provide a copy of the SOP due to the sensitivity of the procedures to be followed in this category of applications that involves the amendment of personal information. The documents required by the Department from applicants in this category are indicated under “Amendments” on the DHA website.
4. The average turnaround time is 4-12 weeks

END

Reply:

The Minister of Public Works and Infrastructure

(1) I have been informed that the Department of Forestry, Fisheries and the Environment did not enter a new Lease Agreement in respect of the property.

(2) A task team, consisting of National, Provincial and Local Government, established in August 2022, has had several meetings to discuss the future of the land.

Reply:

a) The extent of land owned by the Department of agriculture Land Reform and Rural Development (DALRRD) is 17 293 976 hectares.

b) The entity reporting to the Department of agriculture Land Reform and Rural Development (DALRRD) in terms of the PFMA listing is the KwaZulu-Natal Ingonyama Trust Board, which owns no land, since the land vests in the Ingonyama as Trustee of Ingonyama Trust however, the Agricultural Research Council (ARC) owns 14 739.65064 hectares, while Onderstepoort Biological Products (OBP) has approximately 43 hectares.

(i), (ii)(aa)(bb) Falls Away.

Reply:

The Minister of Public Works and Infrastructure

a) I have been informed that from the records and to the best of our knowledge, in the last five years, the Department of Public Works and Infrastructure is aware of one case of alleged sexual harassment against some of its participants.

The case was reported in August 2018 and involved female participants who were part of the Thaba Tshwane project that was implemented by the Department of Public Works and Infrastructure.

It was alleged that the participants were being harassed by employees of the contractor on site.

No other cases of have been reported to the Department of Public Works and Infrastructure from programme implementers.

It is expected that any cases of sexual harassment should be dealt with in terms of existing laws by the project implementers.

b) In the instance of the reported case, a letter was written to the contractor on the project informing them about the allegations in order to ensure that this was dealt with on site in terms of taking action against the perpetrators.

In terms of the existing institutional arrangements for the EPWP, any transgression happening at an implementation level should be dealt with at an operational levels by public bodies implementing EPWP Projects.

It should be noted that the rights against sexual harassment in the workplace are set out in the Labour Relations Act and Employment Equity Act. A Code of Good Practice on the Handling of Sexual Harassment Cases has been issued by the Department of Employment and Labour. In this Code, employers are encouraged to develop and implement policies on sexual harassment.

Reply:

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION 3293

1. Where the farms belong to the state, the Department of Agriculture, Land Reform and Rural Development (DALRRD) makes use of the state land available by allocating the land in line with the Beneficiary Selection and Land Allocation Policy to deserving beneficiaries. Furthermore, if the land is invaded, the Department engages the invaders and where there are no agreements, legal processes are taken to legally evict invaders from state farms.

2. No.

(a) and (b) There are no stricter measures for women and persons with colour. Measures put in place are applicable to everyone utilizing state farms.

3. DALRRD administers the Subdivision of Agricultural Land Act (SALA), 1970 (Act No. 70 of 1970) to manage and preserve agricultural land for agricultural production.

Section 3(f) of SALA states that no area of jurisdiction, local area, development area, peri-urban area or other area referred to in paragraph (a) or (b) of the definition of 'agricultural land' in section 1, shall be established on, or enlarged so as to include, any land which is agricultural land. As such DALRRD receives and evaluates change of land use applications, assesses the development application based on the agricultural planning factors such as land capability, grazing capacity and crop suitability. Should the proposed residential development lead to direct and cumulative impact on agricultural production, the developer is advised to consider alternative site for balanced utilization of the natural resources.

To strengthen DALRRD’s abilities to preserve agricultural land, DALRRD developed the Preservation and Development of Agricultural land Bill which is currently in the parliamentary process. The Bill calls for the delineation of high potential and unique agricultural land for agricultural protection and for the establishment of agricultural sector plans.

To address the needs of those who seek land for residential development, DALRRD has embarked on a process to delineate areas of high potential agricultural land for cultivation and grazing purposes in order to guide the development based on the land capabilities for optimal use. Areas of low potential are demarcated for uses other than agriculture to accommodate other socio-economic activities.

DALRRD has developed guidelines to guide municipalities when developing land use schemes noting their roles in implementing the Spatial Planning and Land Use Management Act, 2013 (Act No.16 of 2013), specifically section (24) which stipulates that municipalities must develop a wall-to-wall Land Use Scheme (LUS) aimed to regulate the use of land within a municipal area.

DALRRD collaborates with municipalities on development of land use schemes to ensure proper zoning regarding the use of high potential agricultural land for agricultural purposes is implemented. DALRRD’s involvement on the land use scheme will aid the municipality to implement a balanced mechanism to cater for developments and agriculture without compromising sustainability.

Finally, the Beneficiary Selection and Land Allocation Policy is meant to allocate land for various purposes including for residential use.

Reply:

The promotion of free trade amongst African countries does not require the abolishment of all borders but the continued implementation of regional and continental initiatives to manage the flow of goods.

The Department of Finance as the responsible Department can provide relevant information on the current initiatives to improve the facilitation of goods into and from South Africa to give effect to free trade amongst African countries.

The Border Management Agency is working closely with the South African Revenue Services to ensure the efficient facilitation of people and goods through our ports of entry.

END

Reply:

Section 11 of the Communal Property Association Act 28 of 1996 provides for:

“An association or provisional association registered under this Act shall, at the prescribed times, furnish prescribed documents and information to the Director-General in order to enable him or her to monitor compliance with the provisions of the relevant constitution and this Act”.

The Director-General may undertake an inspection of the affairs of an association or provisional association. The Director General may; for the purposes of this ‘section-

• inspect and remove for copying any records, reports and other documents relating to the affairs of an association or provisional association; and
• subpoena persons who may have relevant information or documentation in respect of the affairs of an association or provisional association to appear before him or her to provide information or documentation in relation to the affairs of the association or provisional association, if the attendance of such persons cannot reasonably be procured otherwise.”

Reply:

The Department has been part of the development and adoption of the agreed upon Africa Continental Free Trade Area (AfCFTA), and the Sanitary and Phytosanitary (SPS) Policy Framework. The Department will, therefore, consistently apply this to gain markets through the harmonised standards that align the African SPS system with international science-based standards, border processes, sharing of information and technical capacity building.

This Policy Framework is guided by the World Trade Organisation SPS Agreement and International Standards Setting Organisation (Codex Alimentarius Commission (Codex), International Plant Protection Convention (IPPC), International Office of Epizootics (OIE). Therefore, South African agricultural products will gain markets through the harmonised standards and the specific protocols that would be negotiated at a bilateral level.

The AfCFTA market access pillar has been concluded with only a few outstanding technical issues, particularly the finalization of tariff offers, rules of origin and customs-related matters. At a policy level, the Department will domesticate the relevant legal policy instrument to facilitate the effective implementation of the Agreement. The AfCFTA Sanitary and Phytosanitary Annex will be incorporated into the DALRRD’s policy to process trade under the AfCFTA Agreement. This will help to ensure smooth access to the African market while ensuring that good quality standards in respect of food, plant & animal health are maintained. The Department will further embark upon trade promotion programmes to ensure detailed awareness and knowledge of the AfCFTA agreement and its market access requirements.

Through an Interdepartmental forum including the South African Revenue Services and the Department of Trade, Industry and Competition (SARS and the dtic), the Department will also work to ensure that member countries respect and comply with the agreed rules of trade. Where implementation challenges arise, the Department, through this forum, will work to resolve them using the agreed legal instruments such as the Dispute Settlement Mechanism in the agreement.

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed that the shelters are in the following Municipalities: Western Cape: Albertinia Municipality Bergrivier Municipality Laingsburg Municipality Swartland Municipality Gauteng: City of Johannesburg City of Tshwane 2. The houses are currently safe as they are guarded by the Department of Public Works and Infrastructure. Once the houses/ shelters are handed over to the client, safeguarding of such assets becomes the responsibility of the User/ client department, Department of Social Development.

Reply:

a) The Department has not awarded any tender to assist with the recruitment process for the 10 000 unemployed youth graduates. However, the recruitment was facilitated by the Department of Employment and Labour (DEL) through the Employment Services of South Africa (ESSA) Programme. The service was provided at no cost to the Department of Home Affairs (DHA).

b) Interview panels were set up by the DHA nationwide to interview candidates. Interview panels make recommendations for appointments.

c) The DHA adopted a phased approach for the recruitment of young unemployed graduates and as demonstrated in the table below, the allocation recruits will be per province rather than offices and is aligned to the volume of documents that require digitisation.

d) The procurement of equipment and software for the digitisation process was advertised via an open Request for Bid, which closed on 23 September 2022. The evaluation process to select a preferred provider for the duration of the project is in an advanced stage. Workstation procurement is being done through a SITA transversal contract for the 1st cohort and is due for delivery in December 2022.

END

Reply:

(a), (b) The Department of Agriculture, Land Reform and Rural Development (DALRRD) in line with the Beneficiary Selection and Land Allocation Policy, allocated farms to 80 women amounting to 76 536 hectares in each province for the past three financial years. 10 052 female headed households benefited through the Restitution programme. Details for allocation per province are outlined in the tables below:

Redistribution:

Province	Hectares allocated to Females	Number of Females Allocated the Land
Eastern Cape	81	2
Free State	5,273	7
Gauteng	1,416	5
Kwazulu-Natal	5,921	14
Limpopo	5,043	5
Mpumalanga	2,227	9
North West	8,145	11
Northern Cape	40,913	13
Western Cape	7,517	14
Grand Total	76,536	80

Restitution:

Province	Female Headed Households
Eastern Cape	2 520
Free State	137
Gauteng	1 574
Kwazulu-Natal	2 245
Limpopo	2 194
Mpumalanga	1 014
Northern Cape	108
North West	74
Western Cape	186
TOTAL	10 052

Reply:

a) The finalised cases reported by the National Prosecuting Authority (NPA) include cases disposed-of within the dedicated commercial crimes courts as well as those finalised by the prosecutors of the Specialised Commercial Crimes Unit (SCCU) in other courts, as the NPA measures the performance of the Unit rather than the dedicated courts.

The NPA, in collaboration with the Department of Justice and Constitutional Development (DoJ&CD) and the Judiciary, established various new dedicated commercial crime courts within the Limpopo, Mpumalanga, North-West and Northern Cape Divisions to ensure that each province has at least one dedicated commercial crimes court. the work of the SCCU) within the NPA as well as the dedicated courts are closely monitored and part of agenda points not only within the different management structures of the NPA but also in the other departments. Collaboration is also done in the National Serious Commercial Crimes Steering Committee where all stakeholders participate in improving the conditions and expansion of the dedicated commercial crimes courts.

The table below provides details on the total number of cases dealt with by each Special Commercial Crimes Unit:

NEW DIVISION	NO. OF SCCU CONVISTIONS
Bloemfontein	10
Cape Town	33
Durban	47
ECD	39
Mmabatho	6
Mpumalanga	9
Mthatha	41
Pretoria	61
SCCU Johannesburg	89
SCCU Polokwane	9
Grand Total	344

b) The charges in each case from which the convictions were obtained is attached as Annexure “A”, and it also includes information relating to questions (c), (d) and (e). The data requested is kept manually and the information available, mostly from the dedicated commercial crime courts, has been extracted from the manual registers. The information relating to the quantum is not always included, neither manually or electronically, as it often creates ambiguity when an amount is indicated but in various instances the amount is indicative only of potential value and not actual prejudice sustained. It is also important to note that new selection criteria to adopt cases within the SCCU no longer focus on the quantum of cases but rather the intricacy of cases, national and international priority as well as other complexity- related criteria.

END

Reply:

1. (a) The National Treasury‘s mandatory baseline budget reductions were necessitated by the national fiscal constraints.

b) Any reductions in Legal Aid SA’s budget has an adverse impact as this affects the recruitment levels, i.e. number of employees as per approved establishment and consequently the court coverage.

c) There are no backlogs as pending matters’ turnaround times are monitored so that cases are not delayed unnecessarily.

2. Legal Aid SA is able to provide services at all courts in the Republic of South Africa through its practitioner per court model, meaning that there is a legal practitioner stationed in every court, responsible for taking all legal aid instructions in his/her or their assigned court. The Department of Justice and Constitutional Development consults with Legal Aid SA whenever new courts are established, and provides necessary budget allocation.

END

Reply:

The Minister of Public Works and Infrastructure:

1. I have been informed that the Department of Public Works and Infrastructure (DPWI), the respective Provincial Departments of Social Development (DSD), and their respective Infrastructure Departments; after having engaged extensively, have agreed that the method of disposal of these shelters will be that of Donation. In the meantime, all parties have resolved that User Agreements will be signed. The signing of the User Agreements will enable DSD to occupy the aforementioned properties. The Agreements have been prepared and are being signed by the various parties.

2. DPWI is mandated to ensure that its assets are safeguarded and kept in good condition at all times. Furthermore, DPWI intends to provide the properties in a habitable state and ready for DSD to use by victims of gender-based violence and femicide.

DPWI will not be recovering any funds from DSD, due to the fact that the delay in occupation is not due to any of the Departments’ doing, but rather the fact that the three departments needed to finalize the governance structure of how the properties will be managed. It has now been agreed that the properties will be donated to the user departments and that User Agreements will be signed in the meantime as a governance structure to allow DSD to use the properties.

Reply:

1) (a) A total of 143,117 applications were rejected in 2022.

1) (b) Below table presents the rejection reason and count of 2022 applications that have been rejected:

Rejection Reason	Count
Applicant is deceased as per DHA records	4
Financially Ineligible (household income exceeds threshold)	48,549
Highest level of qualification at which NSFAS may fund has already been achieved	18,069
Insufficient information provided as a result NSFAS cannot make a funding decision	65,233
Invalid National ID and/or names and surnames provided	16
N+ Rule Exceeded	10,525
Not compliant with the N+ Rule (funding pathway)	62
Not compliant with the Academic Eligibility Criteria	3
Not Eligible for NSFAS funding, funded by another funder	656
Grand Total	143,117

2.   Currently the Department produces the First-Time Entering Undergraduate Cohort Studies for Public Higher Education Institutions Report which provides a national overview of the dropout and throughput rates within the university sector annually. The Department does not follow-up on students who have not succeeded but is considering doing tracer-studies to establish where graduates and those who have dropped-out are doing.

Reply:

a) The Special Master was appointed by the Land Claims Court and not by the Department of Agriculture Land Reform and Rural Development.

b) Falls away.

Reply:

The Department of Planning Monitoring and Evaluation (DPME) is responsible to oversee and coordinate the entering into performance agreements and the performance evaluations of Heads of Department (HoDs) in line with the Directive on the Performance Management and Development System (PMDS) for HoDs. The Department of Public Service and Administration (DPSA) regularly issues communiques on the PMDS, and specifically on performance contracting and assessments. In order to facilitate the signing of performance agreements, the Minister for the Public Service and Administration in June 2021 directed that the online PMDS system, hosted and maintained by the DPME, is compulsory from the 2021/2022 performance cycle. The details were communicated by DPSA Circular 11 of 2021.

The Director-General of the DPSA conducts quarterly engagements with provincial HoDs and heads of corporate services where among other things the issues of compliance with the PMDS for HoDs and members of the SMS are emphasised. The DPSA in conjunction with the DPME also regularly conduct capacity building workshops with HoDs on request from departments and provincial governments. The next such workshop is planned on 3 November 2022 with the Northern Cape Provincial Government.

End

Reply:

The Department of Small Business Development (DSBD) had swiftly moved to assist SMMEs that had been impacted by the looting/riots in July 2021 or floods in 2022, through its two agencies: the Small Enterprise Finance Agency (sefa) and the Small Enterprise Development Agency (Seda).

(a)(b)&(c) 2021:

In July 2021 and to respond to the looting/riots in Gauteng and Kwa-Zulu Natal, DSBD set aside R300m to assist the businesses through the establishment of Business Recovery Program (BRP) implemented by sefa. The BRP was structured to assist re-set-up / re-establish businesses that had suffered financial loss with blended finance (60% grant and 40% loan), funding range from R50 000 to R2 million. The loan portion was set at 5% interest rate per annum, 60 months repayment term and a maximum of 12 months capital and interest moratorium. In total, sefa approved R237 945 628 and disbursed R225 668 461 disbursed to all sectors and not food production only. Through a partnership with Nedbank, DSBD also set aside R40 million in BRP funds to focus on informal businesses. From the first tranche of R15 million allocated to Nedbank R14 463 000 was disbursed to 4844 informal business.

2022:

DSBD responded with a R50 million funding package for SMMEs affected by floods and this Fund was administered by Seda.

Floods Relief Programme (Formal SMME’s)

One hundred and seventy-nine (179) applications have been assessed through the Floods Impact Assessment on site. One hundred and forty-four (144) applications have been approved with a total value of R52 318 837,57. Currently, one hundred and twenty seven (127) purchase orders were issued and ninety three (93) paid, amounting to R26 452 877.

Informal Sector Flood Relief Programme Challenges

Eastern Cape:

Alfred Nzo:

• Alfred Nzo received applications from two (2) Municipalities namely Winnie Madikizela Mandela (WMMM) and Matatiele Municipality. All applications for Alfred Nzo have been adjudicated on 20 October 2022.

• 81 applications have been approved for Matatiele. The breakdown is as follows:-

Sector	Number
Fruit & Veg	25
Spaza	6
Salon	2
Clothing & Textile	2
Fast Food	9
Agriculture	16
Retail	21
TOTAL	81

• 374 applications have been approved for Winnie Madikizela Mandela. The breakdown is as follows :-

Sector	Number
Fruit & Veg	128
Spaza	173
Salon	12
Clothing & Textile	20
Fast Food	14
Agriculture	13
Retail	14
TOTAL	374

OR Tambo:

• The panel approved 100 applications out of 281. The next step is to start the procurement process. The adjudication took place in mid-October 2022. The breakdown of the 100 approved applications is as follows:

Sector	Number
Fruit & Veg	83
Fast Food	11
Clothing & textile	4
Saloon	2
TOTAL	100

Kwa-Zulu Natal: Ethekwini

The eThekwini and Ilembe adjudications were completed. The breakdown is on the following sectors:

• Fruits & Vegetables (+ 404 applications); Arts and Craft (+ 409 applications); and Clothing & Textile (265 applications).
• These three (3) sectors constitute 55% of the 1,993 applications.

There were applications that were not processed because of information deficiencies by the applicants. sefa and Seda still continue to work with the applicants and also provide Business Support services where possible and there’s willingness to co-operate by SMMEs.

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

(a)(b)&(c) The Department of Small Business Development (DSBD) has considered nationally, provincially and locally the legislation negatively affecting Small, medium and micro enterprises in South Africa. There are a multitude of legislative and regulatory criteria that small businesses need to comply with, not all of them are “onerous”, but still this provides a good indication that our regulatory frameworks are not well coordinated and synchronised, and are often duplicatory, placing both a cost and time burden on small businesses. The DSBD has prioritised twenty-nine (29) pieces of legislation (including related regulations, and by-laws, etc.) that impact on SMME growth and development. This is summarised in Figure 2 under point number aa&bb.

1. The twenty-nine (29) pieces of legislation affect informal sector, small, medium micro enterprises and co-operatives across the spectrum.
2. With regard to co-operatives, we have noted that CIPC reporting under the Co-operatives Development Act, is onerous as most co-operatives are required to submit audited financial statements. That imposes a considerable expense, which does not apply to any other small enterprise. This contrasts with the Company’s Act which has specified thresholds over which enterprises are required to submit audited annual financial statements.

(aa)&(bb) Names of legislation and (bb) relevant details

(aaa) & (bbb) The Department has put out a request for quotations to enlist private sector red tape and small business development “experts” to conduct and analysis of these 29 pieces of legislation and regulations, as well as other targeted sources of red tape like CIPC reporting for cooperatives. We have already however analysed several areas of “red tape” and ease of doing business challenges over the past few years and group these into the following categories:

1. Business registration & reporting;
2. State Procurement;
3. Construction Industry; and
4. Broad-Based Black Economic Empowerment.

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

No,

The Department of Agriculture Land Reform and Rural Development does not provide any subsidy to commercial farmers in terms of the current legislation.

Reply:

(1) MTN is providing support to SMMEs affected by the floods. There is no formal partnership with them. In certain instances, their funding has complimented DSBD support because it helped SMMEs with restoring their infrastructure which falls outside the Department’s scope.

(2) Floods Relief Programme (Formal SMMEs)

One hundred and seventy-nine (179) applications have been assessed through the Floods Impact Assessment on site. One hundred and forty-four (144) applications have been approved with a total value of R52 318 837,57. Currently, one hundred and twenty seven (127) purchase orders were issued and ninety three (93) paid, amounting to R26 452 877.

Informal Sector Flood Relief Programme Challenges

Eastern Cape:

Alfred Nzo:

• Alfred Nzo received applications from two (2) Municipalities namely Winnie Madikizela Mandela (WMMM) and Matatiele Municipality. All applications for Alfred Nzo have been adjudicated on 20 October 2022.

81 applications have been approved for Matatiele. The breakdown is as follows:-

Sector	Number
Fruit & Veg	25
Spaza	6
Salon	2
Clothing & Textile	2
Fast Food	9
Agriculture	16
Retail	21
TOTAL	81

374 applications have been approved for Winnie Madikizela Mandela. The breakdown is as follows :-

Sector	Number
Fruit & Veg	128
Spaza	173
Salon	12
Clothing & Textile	20
Fast Food	14
Agriculture	13
Retail	14
TOTAL	374

• .

OR Tambo:

• The panel approved 100 applications out of 281. The next step is to start the procurement process. The adjudication took place in mid-October 2022. The breakdown of the 100 approved applications is as follows:

Sector	Number
Fruit & Veg	83
Fast Food	11
Clothing & textile	4
Salon	2
TOTAL	100

Kwa-Zulu Natal: Ethekwini

The eThekwini and Ilembe adjudications were completed. The breakdown is on the following sectors:

• Fruits & Vegetables (+ 404 applications); Arts and Craft (+ 409 applications); and Clothing & Textile (265 applications).
• These three(3) sectors constitute 55% of the1,993 applications.

There were applications that were not processed because of information deficiencies by the applicants. sefa and Seda still continue to work with the applicants and also provide Business Support services where possible and there’s willingness to co-operate by SMMEs.

STELLA NDABENI-ABRAHAMS

MINISTER: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT

Reply:

The Department of Agriculture, Land Reform and Rural Development (DALRRD) has appointed locust control contractors to control the locust outbreak in all locust outbreak areas in Eastern Cape, Free State, Northern Cape, and Western Cape Provinces.

Personal protective equipment for the locust control contractors has been procured. DALRRD will be providing spray pumps and pesticides for control of the locust outbreak.

DALRRD is also in the process of advertising a tender for appointment of a helicopter service provider to be on standby to complement the ground locust control contractors if a need arises.

Reply:

The Department of Small Business Development (DSBD) had a series of meetings with Department of Mineral Resources and Energy (DMRE) with the view to explore areas of collaboration. The Memorandum of Understanding (MoU) between the two Departments was drafted and discussed between the two parties. It is noted that renewable energy is clearly the most substantial sector currently, and opportunities were identified for specialised SMMEs that provide the technical services and products required at different stages of development and operation. Technologies such as solar water heating, bioenergy, smart grids and smart meters provide considerable opportunities across the board for SMMEs. Beyond the various product and service sectors and value chains, another key area of intervention is to support SMMEs to make them greener, more sustainable and thereby more competitive.

The next phase of this development process is to draft an implementation phase with definitive targets or number of businesses and co-operatives to be supported as well as the type of interventions to be provided. The implementation plan will also outline projected number of jobs to be created and specific details about the job categories.

Given that the engagement with the DMRE is not yet complete, DSBD would not be able to concretely provide the number of enterprises and co-operatives who will benefit out of the collaboration nor the categories of enterprises and the possible jobs that could be created.

STELLA NDABENI-ABRAHAMS

MINISTER: SMALL BUSINESS DEVELOPMENT

Reply:

a) The provision of bulk water services is the mandate of the Department of Water and Sanitation (DWS). The project for bulk water supply at the time, was initiated by the District Municipality, Department of Water Affairs and their associated water management entities with whom the competence for water management, supply and distribution resides. The Department of Agriculture, Land Reform and Rural Development (DALRRD) however, has a protocol in place with DWS on water for the sector related subject. DALRRD will therefore utilise this existing collaboration mechanism to refer this matter to DWS to look at the bulk water challenges for these producers.

Although water remains a scarce resource in the country and Dr Ruth Segomotsi Mompati District in particular, it should further be noted that the Department of Agriculture, Land Reform and Rural Development has always ensured that where possible, South African Development Trust farms are not severely affected, through the following interventions:

• Some farmers were drilled boreholes to use underground water in areas where water is available;
• Farmers are continuously encouraged to cooperate with each other to jointly address water scarcity challenge and that had made their farming businesses profitable;

b) There has never been reports of production losses in the area (cattle production area) hence a high number of emerging farmers in this district. However, DALRRD will engage DWS, who is mandated for bulk water provision, to determine what can be done to resolve this matter.

Reply:

a) The ICT Directorate consists of:

1. 1 Director,
2. 1 Deputy Director,
3. 2 Registry Clerks, and
4. supported by 2 Sita Support Officials (providing desktop support).

b)(i) On 17 August 2021 a moratorium on filling posts in the Department was declared due to entry of the new Executive Authority.

(ii) The Deputy Director: Information Management/Information Technology Management terminated service on 31 August 2021 which left the Directorate with only 1 technical expert in the ICT space (Director: Chief Information Officer). To be noted is that the 2 registry clerks are not in the field of ICT and the resources from SITA are contracted to provide desktop support services and hence do not form part of the ICT Strategic functions. Further to this, the Director: Chief Information Officer was appointed as Acting Chief Director: Corporate Management after the resignation of the previous incumbent adding greater pressure during this period.

(iii) Approval was received from the Minister to fill the Deputy Director: Information Management/Information Technology post on 25 October 2021.

(iv) The post was advertised in the Public Service Vacancy Circular of November 2021.

(v) The post is filled as of October 2022. The reasons for the delay in recruitment is based on the fact that the HRA sub directorate of the Department had been severely under resourced. Adding to this pressure was the fact that the advertisement was just prior to the festive period and hence efforts to shortlist during this period became challenging. The appointed service provider was inundated with applications due to the volumes received for the posts advertised during this timeframe and resulted in delayed screening and filtering of candidates. This was further exacerbated with the resignation of the DD: HRA and resulted in one Level 8 official to assist with HRA for most of Q1 and Q2 of 2022/23 financial year.

(vi) These shortages affected the ability to coordinate and manage the requisite governance meetings, however had been brought back on track in Q2 and going forward.

STELLA NDABENI-ABRAHAMS

MINISTER: MINISTER OF SMALL BUSINESS DEVELOPMENT

Reply:

The Cross Border Road Transport Agency (C-BRTA) (a) has the following (i) gender breakdown of executive positions:

Pre- organisational redesign:

Males: 5

Female: 3

Post organisational redesign:

Males: 2

Females: 3

Total Filled = 5

(ii) The C-BRTA does not make appointments according to ethnicity, but by gender in line with our Employment Equity targets, qualifications and competencies of the respective Executives. This is also in line with the provisions of our constitution.

(b) There is currently one (1) vacant executive position of the Chief Financial Officer at the C-BRTA.

Reply:

The Department has developed the action plan and commenced monitoring of the implementation of an action plan of finding by the Auditor-General for the 2021-22 annual financial year. Attached is the action plan developed by the Department for monitoring of AGSA findings as evidence.

Reply:

1. The Offices of the State Attorney (OSA) are required by law to follow the provisions of supply chain management policies in procurement of legal services. However, the nature of the operations in the OSA environment are so complex that at times it is impossible to do so. The reliance on private legal practitioners occurs within a framework of rules pertaining to private legal practice. It is neither regularised in so far as prescripts governing State procurement is concerned, nor is it transparent.

State Attorneys are guided by section 8 of the State Attorney Act in procuring legal services. Section 8 of the State Attorney Act gives State Attorneys powers to instruct and employ, as correspondent, any Attorney or other qualified person to act in any legal proceedings or matters in any place, governed by the rules of Attorneys in private practice.

Due to various challenges raised regarding the procurement of legal services and non-compliance with section 217 of the Constitution, National Treasury issued a letter allowing State Attorneys to deviate from the normal procurement processes pending the finalisation of the Framework Contract. The Office of the Solicitor-General (OSG) then issued a directive to State Attorneys on the competitive bidding process and the implementation of the three-quotation system. The approval to deviate from normal procurement process issued by the National Treasury expired on 31 March 2021. Owing to the fact that the Framework Contract has not been finalised, the OSG then amended the delegation of powers and authority to approve the issuing of briefs from the individual Heads of offices to the Briefing Committees established within Offices of State Attorney. Consequently, all briefs to be issued are approved by the said Committees.

To standardise the procurement of state legal services, the OSG developed the Standard Operating Procedure and a Bid Evaluation criteria. The OSG also approached National Treasury to request for an extension on the deviation referred to on the paragraph above. The said request for deviation was rejected by National Treasury. Furthermore, and by way of playing oversight role, the OSG established the National Briefing Committee in order to monitor and assess the briefing patterns issued by State Attorney Offices across the country. The Committee will also provide guidelines on the criteria and processes to be followed on briefing patterns and protocols.

The Department, through the OSG and in consultation with National Treasury, has developed a Framework Contract to solicit information from Legal Service Provider(s) to enable the State to establish a pre-approved list of qualifying Legal Service Providers (Attorneys and Advocates). I have approved the Framework Contract. The bid specification in respect of the Framework Contract has been finalised. Specifications were presented to the Quality Assurance Committee at the National Treasury for approval in September 2022, and specifications were not approved, but returned for corrections and amendments.

1. Yes, the Department intends to implement a procurement framework for State legal services. The relevant details for procurement framework for State legal services are the key objectives which amongst others are:
2. Standardization of legal services offering in an effort to reduce the legal service fees paid for state litigations;
3. Capacitation of taxations skills to validate invoices to reduce exorbitant legal fees;
4. Transformation of legal services for state litigation;
5. Implementation of the briefing policy that contributes towards eliminating current race and gender disparities in the legal profession. The briefing policy caters for previously disadvantaged;
6. Implementation of a random rotational system based on the case specific requirements that will ensure fair and equitable distribution of state litigation cases by balancing the number of briefs and value of briefs;

1. Increase exposure, transfer of knowledge and skills developments for previously disadvantaged in all areas of the law;
2. Introduce performance measurement tools, success evaluation, ratings and peer review mechanisms to eliminate a perception that previously disadvantaged do not have capacity and capability to handle complex, high profile and high value cases; and
3. Encourage a change in attitude so as to promote the inclusion of previously disadvantaged and willingness to transfer skills from the few law firms/Advocates who have benefited from state legal matters to the majority of blacks and women legal practitioners.

1. Whether the rates that are paid for legal services by the Government are economical, will depend on determination of the question whether the legal practitioners in particular cases have charged reasonable fees or have overcharged. Please note that there are three (3) types of legal practitioners in South Africa. These legal practitioners are Attorneys, Trust Account Advocates and Referral Advocates.

Attorneys’ legal fees and costs rates are regulated by the Rules Board for Courts of Law which is a statutory body established to review the rules of court and to make, amend or repeal rules relating to among others, attorney’s legal fees and costs. These fees and costs, including the fees payable in respect of the service or execution of process (except subpoenas or warrants issued at the request of the State in criminal matters) or in respect of the summoning of persons to answer interrogatories are reasonable. Therefore, the legal fees rates that are paid to attorneys for state legal services relating to outsourced matters are economical.

Trust Account Advocates’ legal fees are also economical on the basis of the following two grounds: (a) firstly, the legal fees and costs are regulated and guided by the Legal Practice Council’s Code of Conduct published in terms of Section 97(1)(b) of the Legal Practice Act, which is published on Legal Practice Council Notice 813 of 2018, and (b) secondly, some of the legal fees for Trust Account Advocates, especially for work that was traditionally reserved for attorneys, are to be regulated by the Rules Board for Courts of Law.

Referral Advocates’ legal fees are similarly economical on the basis that fees that advocates are charging are in terms of guidelines and regulation of the Legal Practice Council’s Code of Conduct published in terms of Section 97(1)(b) of the Legal Practice Act, which is published on Legal Practice Council Notice 813 of 2018.

Case law and principles guides that Legal Practitioners are required to charge reasonable fees for the legal services rendered. The government is also bound by the tariffs of the Rules Board for Courts of Law and also by the guidelines of the Legal Practice Council’s Code of Conduct.

Reply:

1. (a) The Cross Border Road Transport Agency (C-BRTA) spent a total of a total amount of R951,194.00 (including Job grading) out of a budget of R1,633,000 for the organisational redesign project.

(b) Project milestones were concluded at the end of September 2022 and implementation is ongoing.

(2) All necessary consultations employee consultations were undertaken directly with the employees. The C-BRTA currently has no labour union.

(3) The Supply Chain Management (SCM) went out on tender and at the closing date bids documents, checked compliance documents with minimum requirements. The Bid Evaluation Committee evaluated the bids, after which, SCM compiled a report to the Bid Adjudication Committe which then recommended the successful bidder to the CEO for approval. The Agency is satisfied with the process.

(4) The Steering Committee met monthly. Weekly meetings were held with the service provider, reportings were done monthly to EXCO, HR&REMCO and the Board as part of monitoring the project deliverables to ensure value for money.

(5) The C-BRTA has capacilty to conclude the process internally. HR is led by the Executive Corporate, with extensive HR experience and highly qualified. The Business Unit has a senior manager who is a seasoned HR professional with over 20 years of experience and relevant qualifications. Management is supported by a team of HR professionals.

Reply:

(a) what is the current status of the air licensing backlog?

The Licensing Councils had a total of 166 applications/amendment applications submitted between March 2020 and March 2022. As of March 2022, the Councils have adjudicated 113 applications.

The table below shows a breakdown of the applications:

Type of Application	Number	Considered by Councils	Pending consideration
New Applications	49	25	24
Amendment Applications	117	88	29
Total	166	113	53

From the backlog, the Council has 53 pending applications/ amendment applications that need to be considered.

A directive was issued by the Minister that all pending applications and/or new applications which were delegated to the South Africa Civil Aviation Authority (SACAA) pending the appointment of both Councils must be attended too with speed, so as to enable industry to ramp up post some of the challenges presented by the COVID-19 pandemic.

New applications have since been submitted by air service operators, together with revised and/amended documents as some information as, due to the lapse of time, expired and/or become irrelevant. Revised and updated documentation is being submitted to the Council Secretariat on a daily basis and this is facilitating the speedy adjudication and communication of Council Resolutions to operators, so as to ensure that they are able to ramp up their operations.

(b) interactions his department had with the Department of Tourism regarding the backlogs?

The Department of Transport did not have any interaction with the Department of Tourism regarding the backlogs. The Department does not engage with the Department of Tourism on the adjudication of air services licenses.

The Department of Transport (DOT) had an interaction with the Department of Tourism and other relevant stakeholders during the Strategic Planning Session (SPC), this year in July 2022, at Wapadrand, Pretoria to discuss matters relating to international and domestic air transport. This platform promotes interaction with the aviation industry and relevant Government Departments.

Conversely, the International Air Services Council (IASC), participated in the Tourism Leadership Conference (TBCSA) and the Chairperson of this Council was a panellist, wherein she provided the delegates with insight on some of the topical matters that this Council has been adjudicating upon as part of the tourism recover strategy. The TBCSA seeks to restore the domestic tourism industry post the COVID-19 pandemic, in that it gathered industry players and policymakers under one roof, to reflect, discuss and forge a way forward for the industry. It was held from 14-16 September 2022.

Reply:

1. (a) (i) The Cross Border Road Transport Agency (C-BRTA) has 6 employees who are currently on suspension and relate to 2019 legacy investigations on irregular appointments within the Agency that happened in the prior financial years. Some were reported by employees during the course of the investigations. One case relates to one employee that was reported through the Public Service Commission Hotline for failure to disclose criminal record and not having requisite qualifications.

(a)(ii) 2 are Senior Managers,1 is a Manager, 2 are junior employees, and 1 is a specialist.

(bi) The duration of the suspensions for the employees are as follows:

3 Employees – 5 months, 8 days,

1 Employee-5 months, 7 days,

1 Employee- 4 months, 11 days

1 Employee 1 month,11 days

(bii) 4 matters have been finalised,1 is awaiting ruling, and 1 is ongoing.

(c) The breakdown of the total amount spent on salaries for each employee since their suspension is highlighted below:

1xR86 518.95 = R432 594.75

1x R52 742.87

1x R24 617.53= R123 087.65

1x R43 146.85=R172 587.40

1x R75 653.19 =R 378 265.95

1x R 66 100.56 = R330 502.80

(2) Where the disciplinary hearings have been concluded, the C-BRTA is still studying the judgements and will consult the governance structures accordingly.

Reply:

The total amount spent by the Cross Border Road Transport Agency in respect of legal fees on disciplinary hearings for the current financial year to date is One Million Four Hundred and Eighty Seven Thousand Three Hundred and Seventeen Rand and Thirty Nine Cents (R1,487,317.39).

Reply:

Find here: Reply

Reply:

a) The total amount spent by the Cross Border Road Transport Agency since 1 April 2022 was Nine Hundred and Thirty Three Thousand Six Hundred and Ninety Four Rand (R933 694) and is as follows:

1. International Travel – Five Hundred and Forty Thousand One Hundred and Twenty Nine Rand (R540 129)
2. Domestic Travel – Three Hundred and Ninety-three Thousand Five Hundred and Sixty-Five Rand (R393,565)

b) The purpose for each trip was as highlighted below:

INTERNATIONAL TRAVEL

DETAILS	COST INCURRED
Chartered Institute of Logistics and Transport (CILT) Conference	158,648
Engagements with Ministry of Transport - Zimbabwe	28,870
Participation in OGEFREM Exchange Programme in Lubumbashi, Democratic Republic of Congo (DRC)	56,194
Bilateral meeting with the Zimbabwe Ministry of Transport, Communication and Infrastructural Development to discuss the Market Access Regulation Study Progress on the Johannesburg International Transport Interchange and Enforcement of Professional Drivers’ Requirements	19,207
Engagements with Democratic Republic of Congo (DRC)	29,477
Official meeting with Institute National de Transportes Terrestres (INATRO) to collect information on how this body performs Economic Regulation function and also consultations with the Ministry of Transport Maputo Port Authority	24,931
Trans Kalahari Corridor visit for Board Induction	82,152
Benchmarking exercise with the Land Transport Regulatory Authority (LATRA), Tanzania	22,924
Study Tour on Road Incident Management System and Transport of Dangerous Goods	26,938
Transport Symposium and Cross Border Transport Regulators Forum (CBRTF) in Botswana	32,266
Meeting with Walvis Bay Corridor Group (WBCG)	22,232
Transport Evolution Forum and Showcase in Mozambique and meeting with potential clients	36,290
TOTAL	540 129

*The C-BRTA has recently concluded benchmarking on ESG in the Netherlands/Switzerland/USA/Canada, the costs of which have not yet been finalised.

DOMESTIC TRAVEL

DETAILS	COST INCURRED
Meeting with Matatiele Drakensburg Taxi Association	39,019
RSA / Lesotho Passenger Impasse Sub-Committee meeting	163,784
To support the Department of Transport flood relief programme in KZN	114,117
Meeting with Northern Cape Department of Transport	8,693
Cape Town Route Analysis	15,889
TKCMC Working Group meeting	18,870
TKC meeting in Durban	5,209
Road Incident Management System (RIMS) NTC in Cape Town	22,093
Transport Evolution Africa conference in Durban	5,891
TOTAL	393,565

Reply:

(a) Since the inception of the new CrossEasy system in January 2022 for the issuance of cross-border road transport permits, the Cross Border Road Transport Agency (C-BRTA) has successfully issued more than 55,000 permits using the functional permit management system of which at least 90% are for freight permits. The C-BRTA is currently implementing phase two of the CrossEasy system, and which includes for the resolution of intermittent permit issuance problems. All identified challenges with the CrossEasy system are to be resolved by the end of December 2022.

(b) (i) The total amount spent on the CrossEasy permit system to date is R12,935,219.40. The system is fully functional and benefits cross-border operators by allowing them to apply for permits online. Furthermore, the system is easily accessible from anywhere and reduces the costs and time required by operators to submit permit applications online.

(ii) (aa) The budgeted amount for the full development of the CrossEasy permit system is R42,964,709.40.

(ii) (bb) The amount for the support and maintenance of the CrossEasy permit system is included in the above budgeted figure.

Reply:

Project Ziveze was launched 10 months ago by the Board of Control (BoC) to specifically verify all PRASA employees, after material irregularities were uncovered within PRASA’s Information and Communication Technology (ICT) systems, Human Capital Management (HCM) system and payroll system. The scope of the project also extends to validating whether the employment of foreign nationals is in line with the provisions of the law.

Operation Ziveze is structured in 4 (four) phases, and remains work in progress being undertaken through a combined effort by PRASA’s Research Unit, Protection Services and Human Capital Departments. All reports are handled at a single point of reporting to the BoC.

Phase 1 entailed a voluntary verification exercise which served as a dip stick for the next phase. Phase 2 entailed a more detailed analysis of the data gathered in Phase 1. Phase 3 entails digital verification of fingerprints, ID documents and passports by the Department of Home Affairs. Phase 4 is the last phase where a comprehensive report will be produced that contains actionable recommendations for implementation.

During Phase 1, all employees were invited on a voluntary basis to come forward to be verified with copies of their ID Documents, qualifications and the Human Capital Management (HCM) Employee Data forms. It was further emphasised that those who failed to present themselves for verification would have their salaries frozen. During this Phase, out of the seventeen thousand two hundred and sixty-eight (17,268) recorded employees on PRASA’s payroll system, fourteen thousand two hundred and sixty-eight (14,268) employees presented themselves for verification. During the same period, one thousand one hundred and fifty-nine (1,159) employees resigned.

Failure by three thousand (3,000) employees to come forward for physical verification led to suspicions that there could be a number of ghost employees at PRASA. A clean-up exercise by the PRASA BoC then ensued to establish whether these were indeed ghost employees as part of their efforts to tighten internal controls. Services of an independent service provider were commissioned to establish if these were indeed ghost employees, and to identify weaknesses in the PRASA systems as well as identifying culpable officials who may have colluded with unscrupulous people to create ghost employees where this was found to be the case. The investigation was conducted with the support of Home Affairs, the South African Revenue Service (SARS), Umalusi, and the South African Qualifications Authority (SAQA).

The investigation flagged two thousand one hundred and forty-three (2,143) employees, who were then grouped according to the following categories: -

1. Possible ghost employees who could not be physically verified;
2. Employees masquerading as somebody else, thus possible identity theft;
3. Fraudulent qualifications submitted; and
4. Employees with serious criminal offences.

The preliminary investigation revealed that one thousand four hundred and eighty (1,480) employees either cannot be physically verified and their files or documentation are non-existent, while others resigned without the necessary supporting documentation at the start of the project.

The investigation also revealed a number of instances where ID photos do not match the face of employees. This has triggered further investigations. The investigations concluded that the root cause of these findings are: -

(a) Incorrect data capturing of employee information, resulting in a corrupted employee database;

(b) Weaknesses in the PRASA’s ICT systems; and

(c) Weaknesses in PRASA’s internal control environment.

The undertaking of this project was affected by a number of challenges which necessitated additional interventions, and involvement of other state organs. These include the following: -

(a) Resistance by employees whose fingerprints and photo ID verifications raised red flags;

(b) Missing paperwork in respect of a number of employees;

(c) Received files with evidence of tampering;

(d) Evidence of collusion by officials within PRASA’s Human Capital Management Department; and

(e) Threats against the safety of people working on the project.

As a consequence of the developments to date, the next steps include taking urgent action to address the findings and challenges identified to date. These include: -

(a) A forensic investigation that will conduct a deep dive on critical issues flagged in the preliminary investigation;

(b) A Digital fingerprint and Photo ID verification process with the assistance of the Department of Home Affairs. This exercise is currently underway. The completion of this exercise will then enable PRASA to freeze the salaries of those flagged;

(c) Digitisation of files and supporting documents;

(d) Clean up of the employee database;

(e) Employees who submitted fraudulent qualifications will be served with letters to explain themselves, failing which stricter action will be taken in line with the applicable prescripts; and

(f) Criminal charges will be laid against those who have committed fraud, including recovery of funds from those who left the Organisation and are traceable through initiatives of the law enforcement agencies.

Reply:

1. (a) R 366 285 515.87

(b) None.

2. R50 million – Gender Based Violence and Femicide (GBVF);

R16 million – Corruption and other forms of Economic Crimes; and

R50 million – Cybersecurity.

3. (a) R539 134 291.63

(b) Assets are not allocated but sold, and the funds are allocated.

4. (a) R677 001 065.08

(b) This includes money received for the sale of the assets.

5. (a) R539 134 291.63 is not yet allocated.

(b) Assets are not allocated but sold.

A request amounting to R714,6 million was received, no proposals for the allocation of funds were made since it was indicated that some of the requests will be funded from the Fiscus. Once the National Treasury processes are finalised, proposals will be made for the allocation of Criminal Assets Recovery Account (CARA) funding.

END

Reply:

The Minister of Public Works and Infrastructure:

The Department of Public Works and Infrastructure has assessed Parliamentary Question 4426 and had since established that the provincial road R385 is a minor regional road under the jurisdiction of the Provincial Department of Roads and Public Works in the Northern Cape Province, therefore our colleagues in the Province will be best suited to response to this question. It will be advisable to re-refer the question accordingly

Reply:

Yes, the Department has applied its mind in these considerations. That is why the Department has not established any stance about unisex school facilities. Through the consultations underway, we hope to gather responsible, credible and suitable recommendations for inclusion in the guidelines.

Reply:

1. The Department funded the construction of the Space Weather Centre from the Programme 2: Technology Innovation budget reprioritization. This amount was allocated from the Innovation Priorities and Instruments Chief Directorate for a period of three years.

SANSA intends to generate its own revenue; however, it requires financial support for a period of five years while it improves its revenue generation.

2. The cashflow analysis is attached as Tag B. A more detailed breakdown will be made available by SANSA, should Mr Zondo request it.

Reply:

The NSF officials' skills set is readily available. It is the same skills report presented to the Ministerial Task Team which recently undertook a study on the review of the NSF business model and all other related issues that are geared at transforming the NSF. The report establishes the level of NSF officials’ skills capacity considering the institutional performance challenges existing there. 

Reply:

The Minister of Public Works and Infrastructure:

Construction of schools is not within the mandate of the National Department of Publc Works and Infrastructure, therefore this question should be referred to our sister department, Department of Basic Education.

Reply:

(1) No, because the ECD centres participate on a more tailor-made intervention programme called Gender Responsive Pedagogy for Early Childhood Education (GRP4ECE), which is meant to promote gender equality through play-based learning, thereby addressing discrimination, School-related Gender-based Violence (SRGBV) and bullying on the basis of gender.

(2) Yes, once the internal consultation with stakeholders is complete and the Draft Guidelines are put out as the latest version for public comment. 

Reply:

The question has been referred to the Limpopo Department of Education and a response will be provided as soon as it is received.

Reply:

In terms of the Unemployment Insurance Act (No 63 of 2001), payment of the Unemployment Insurance Fund (UIF) on behalf of learners who participate in the workplace-based learning programmes is the responsibility of the levy paying employers who employ learners not the Sector Education and Training Authorities (SETAs). Since SETAs are not employers, they only allocate / disburse discretionary grants to levy paying employers who in turn must comply with the provisions of the Unemployment Insurance Act. Therefore:

(a) There is no SETA which pays UIF on behalf of learners participating in the SETA funded learning programmes.

(b) The threshold in terms of the duration of the course that determines the payment of UIF is regulated by the Unemployment Insurance Act for implementation by employers who receive funding from the SETAs for implementation of workplace-based learning programmes.