Questions and Replies

Reply:

a) The total number of SASSA offices with outstanding rent, and other expenses are displayed in the table below:

Province	i) Rent	ii) Other Expenses
Eastern Cape	1 (one) office	(0) Nil
Free State	3 (three) offices	2 (two) offices
Gauteng	1 (one) office	(0) Nil
Kwazulu-Natal	7 (seven) offices	1 (one) office
Limpopo	3 (three) offices	(0) Nil
Mpumalanga	(0) Nil	(0) Nil
Northern Cape	2 (two) offices	4 (four) offices
North West	2 (two) offices	(0) Nil
Western Cape	(0) Nil	(0) Nil
Total Nationally	19 offices	7 offices

b) The period of outstanding rent and other expenses per provinces are displayed in the tables below:

	Office	Rent	Other Expenses- Municipal service costs	Reasons and Amount outstanding
Eastern Cape
1	Nelson Mandela Metro District Office	10 months	(0) Nil	The SASSA Nelson Mandela District Office occupies the 6th floor of South African Post Office Main building in Gqeberha. The lease still has 3yrs to go but there has been security, health and Occupational Health and Safety (OHS) related issues that have resulted in actions by organized labour. SAPO has failed to attend to problems that were raised on numerous occasions. It also come to the attention of SASSA Eastern Cape Region that the Department of Labour has also raised OHS non-compliance issues with SAPO. To get SAPO’s attention, SASSA Regional Management resolved to invoke the lease penalty clause and hold back the monthly rental until SAPO attends to matters raised. Amount: R1 026 169.60.
Free State
2	Hertzogville Local Office		6 months	The invoices submitted were invalid. SASSA is waiting for the Local Municipality to correct these before payment can be processed. Amount: R68 603.10.
3	Zastron Local Office	6 months	6 months	There are delays in receiving rental invoices from the local municipality for payment. Due Amount: R36 155,20. The municipality submitted invalid invoices for municipal services. The local municipality needs to correct the invoices before payment can be processed (municipal services). Amount: R10 046.10
4	Welkom Local Office	8 months		Delays on signing of the lease agreement by the Provincial Department of Public Works and infrastructure. Amount: R 711 000.00.
5	Bethlehem Local Office	8 Months		Delays on signing of the lease agreement by Provincial Department of Public Works and Infrastructure. Amount: R 447 096. 00.
Gauteng
6	Kempton Park Satellite Office	7 months		There were delays in receiving invoices from the Ekurhuleni municipality, even after consistent follow-ups were made. The invoices were received on 21 October 2022 and payment will be effected by 28 October 2022. Amount: R87 500.00.
Kwazulu-Natal
7	Mbazwana Office	1 year, 6 months		Invoices have not yet been received. SASSA was told there is dispute between the District Municipality and Local Municipality as to who holds the centre. There is no lease agreement therefore, the costs have been provided as a contingent liability. Amount: R 284 903.14.
8	Archie Gumede Office	9 years, 10 months		Invoices have not yet been received. There is also an outstanding lease agreement therefore, they have been provided for as contingent liability.
9	Gamalakhe Office	7 years, 2 months		No invoices have been received. There is no lease agreement that has been finalised between Ray Nkonyeni Municipality and SASSA. SASSA considered the amount owed as a contingent liability. Amount: R 290 344.76.
10	Highflats Office	3 years		Invoices have not been received. There is no lease agreement therefore, the amount has been provided for as a contingent. The lease agreement has not been signed by the local Municipality. Amount: R192 544.13.
11	Umnini Office	2 years		SASSA has not received invoices. The amounts indebted for have been provided for in the provisions and contingent liability. There is a dispute with the municipality over their standard lease clause on insurance for space occupied by SASSA. The municipality is insisting on having the clause included in the lease agreement whilst this is unattainable. The matter is receiving the necessary attention. Amount: R 439 775.54.
12	Durban District Office	5 years,1 month		Partial payment is being made for space confirmed as correct by SASSA as per invoices for the Local Office. The amounts outstanding have been provided for in the provisions and contingencies as there is a dispute between DPWI acting on behalf of SASSA and PRASA on the actual space provided by PRASA as well as the effective date of the lease. DPWI has been facilitating the addendum to address same. Amount: R 6, 219, 519.29.
13	Mbonambi Office	6 months		Invoices have not been received. The lease has not been finalised, but SASSA is utilising the space and is obligated to pay for the period agreed upon. Amounts due, have been provided in the contingency and provisions. Amount: R 95 760.00.
14	Umlazi Local Office		13 years	Payments have been made as per what SASSA determined as the accurate amount owing but there is a dispute as to the amount owed and amounts paid. The amount has not yet been determined. SASSA is in continuous engagements with the municipality in this regard.
Limpopo
15	Mabatlane	12 months		The lease was extended in September 2021 and the expense has not been interfaced with Property and Accounts Payable modules. Facilities Management Unit at Head Office has been contacted for assistance. The lease for the previous financial year was accrued. Amount: R62 520.00.
16	Limpopo Regional Office	03 months	None	The lease was extended in August 2022, payment will be finalised during October and November 2022.
17	Limpopo Records Management Centre	02 months	None	The lease was extended in September 2022 and payment is in the process of being finalised for payment in October and November 2022.
Northern Cape
18	Northern Cape Regional	9 months		National Department Public Works and Infrastructure has not finalised negotiations with the landlord on certain conditions of the lease agreement. No invoice has been issued by landlord yet. Amount: R2 976 177.00.
19	Ritchie Local Office	10 years		The Municipal building was previously occupied by DSD. Thus, with establishment of SASSA, it was then shared with DSD and other organisations. Thus, there was no lease agreement between all parties. Various attempts were made with the municipality to correct this matter. The municipality wants to charge SASSA for the entire building instead of a portion that is being occupied. SASSA is disputing the R150 576.18 as it is not apportioned correctly. Amount: R150 576.18.
20	Prieska Local Office		7 years, 9 months	Siyathemba Municipality (Prieska): In the SLA, SASSA is supposed to pay for municipal services. However, invoices are not forthcoming despite follow-ups made to determine amounts outstanding to make the necessary provisions.
21	Phillipstown Local Office		6 years, 3 months	Renosterberg Municipality (Phillipstown) SASSA is sharing the building space with the Municipality. Three (3) SASSA officials occupy the building, and the rest of the building is occupied by the Municipality. There is one (1) meter for electricity and water, however SASSA is expected to pay for all municipal services. SASSA has challenged this therefore the correct amount due by SASSA has not been determined.
22	Hanover Local Office		6 years, 9 months	The Emthanjeni Local Municipality SASSA – In terms of the SLA, SASSA is responsible for 50% of municipal services costs. In SASSA’s books the municipal services have been paid up, whilst on the Municipality’s books SASSA is in arrears. The Hanover Municipality is reconciling its books. The amount to be paid has not been determined.
23	Noupoort Local Office		8 years, 2 months	Umsobomvu Municipality (Noupoort) In terms of the SLA, SASSA is responsible for 50% of municipal services costs. In SASSA’s books the municipal services have been paid up, whilst in the Municipality’s books SASSA is in arrears. The Umsobomvu Municipality (Noupoort) is reconciling its books. The amount to be paid has not been determined.
North West
24	Moretele Local Office	one year		The landlord is a Traditional Council and payment could not be effected as they are not registered on the Central Supplier Database. Intervention from COGTA was obtained to assist them to be CSD complaint, the matter was resolved on 14 October 2022 and as such they will be included in next payment cycle. Amount: R 20 160.00.
25	Ratlou Local Office	five months		The municipality has not been submitting the invoices on time and in line with the contract conditions. Invoices for the Ratlou Local Office were only received on 05 October 2022 for rental backdating to 01 April 2022. Due Amount: R135 072.52.

 

Reply:

According to information received from the Gauteng Provincial Department of Health, the response is as follows:

a) (i)–(ii) The total budget and/or grants provided to the South Rand Hospital in Johannesburg in the past three fiscal years and from 1 April 2022 to date

VOTED FUNDS
	Budget allocated	Expenditure	Over/Under spending
i) Voted funds 2019/20
i) Voted funds 2020/21	R 302,152,000.00	R 318,170,000.00	-R 16,018,000.00
i) Voted funds 2021/22	R 310,035,000.00	R 339,099,000.00	- R 29,064,000.00)
ii) Voted funds 2022/23	R 328,027,000.00	R 161,235,000.00	R 166,792,000.00
CONDITIONAL GRANTS
	Budget allocated	Expenditure	Over/Under spending
i) HIV Conditional grant 2019/20
i) HIV Conditional grant 2020/21	R 16,309,000.00	R 14,517,018.22	R 1,791,981.78
i)  HIV Conditional grant 2021/22	R 22,150,000.00	R 15,300,366.32	R 6,849,633.68
ii) HIV Conditional grant 2022/23	R 21,653,000.00	R 10,892,673.01	R 10,760,326.99

	Budget allocated	Expenditure	Over/Under spending
i) COVID-19 Conditional grant 2019/20
i) COVID-19 Conditional grant 2020/21	R 5,199,000.00	R 6,694,786.78	-R 1,495,786.78
i) COVID-19 Conditional grant 2021/22	R 18,641,000.00	R 20,064,170.97	-R 1,423,170.97
ii) COVID-19 Conditional grant 2022/23	R 1,305, 000.00	R 1,497, 383.80	-R 192,383.80

b) The hospital conducts the mandate as stipulated by the strategic objectives of Gauteng Department of Health. It shares the vision of a responsive, value-based and people centred health system.

The hospital also ensures delivery of highest level of health care by strengthening clinical governance and building a culture and practice that ensures that quality assurance, patient safety and accountability are a priority.

To realize clinical effectiveness, the hospital’s management continue to monitor annual performance plan clinical indicators and make appropriate adjustments within the available human, material, and financial resources to ensure delivery of services.

c) (i) The current staff vacancy rate is s at 4% and is derived from the following:

• Funded posts - 655
• Filled posts - 629
• Funded vacant posts – 26

(ii) All vacant posts are in the process of being filled and are at various stages of the recruitment and selection process.

iii) The provision of essential services continues despite the vacant posts within the hospital. The hospital renders effective and efficient health services with the available resources while awaiting the formal appointment of the officials in all the critical vacant posts.

iv) The process is currently at various stages of the recruitment and selection. Filling of the posts depends on a number of processes and cannot be definitely calculated at this stage. However, it is envisaged that a number of these posts will be filled by the first quarter of 2023.

d) It takes an average of 3 months to complete the recruitment and selection process for a position. The hospital will fill all the funded vacant posts by the first quarter of 2023.

END.

Reply:

On 4 February 1998, the Department of Transport issued a white paper on the Road Accident Fund which was approved by Cabinet on 21 January 1998. In the preface to this paper, it is stated: “The system has evolved from the original private insurance to public compensation. The demands of a new socio-economic and constitutional dispensation - and with them, the constraints on public spending – require a transition from a delict-based compensatory system to a system of affordable state benefits.”

The white paper further went on to state that “the RAF in future will have elements of social welfare in the form of state benefits and risk cover… the main objective of the RAF is to provide adequate medical care and benefits to road accident victims, within an affordable and sustainable financial framework.” It was also communicated that a Road Accident Fund Commission would be set up by government to reconsider in its entirety the system of benefits and or compensation for victims of road accidents.

From 1942 to 1986 the RAF effectively operated as a compulsory insurance fund, where owners were required to purchase third party insurance. From 1986 the former system of compulsory third party insurance was replaced with a system of statutory assumption of liability by the Fund, and was instead of insurance premiums, financed by Fuel Levies.

The object of the RAF, per section 3 of the Road Accident Fund Act, is “the payment of compensation, in accordance with this Act, for loss or damage wrongfully caused by the driving of motor vehicles.” The liability of the RAF, if applicable, are therefore towards persons injured in motor vehicle accidents and not the wrong doer who caused the accident. Kindly note that the contributor to the fuel levy is not the beneficiary, the beneficiary gets this benefit without contributing any “premium”.

The honourable member should recognise the provisions of Sections 17 to 24 of the act that creates conditions for RAF to be liable. The benefits only flow after all those conditions are met. It therefore follows that RAF’s liability cannot be at the time of the accident but only when all conditions are met by the victim or claimant.

Thereafter, Section 21(1) of the RAF Act States “No claim for compensation in respect of loss or damage resulting from bodily injury to or the death of any person caused by or arising from the driving of a motor vehicle shall lie (a)against the owner or driver of the motor vehicle; or (b)against the employer of the driver.”

A significant characteristic of insurance is that the insurer accepts risk on behalf of a policy holder in exchange for a premium or contribution. The insurer has the ability to adjust the premiums in relation to the risk accepted.

The RAF, however, receives no premium or contribution from the persons who participate in and benefit from the scheme. The Fuel Levy received is not adjustable by the RAF and is not in any way reflective of or connected to the risk the Fund accepts according to the RAF Act. The principles of insurance therefore do not apply to RAF as will be demonstrated below.

The Insurance Act, No. 18 of 2017 (“the IA”), which commenced on 1 July 2018 defines an insurer as “… a person licensed to conduct insurance business under this Act, and includes, unless specifically otherwise provided for in this Act, Lloyd's, a Lloyd's underwriter and a reinsurer”.

The RAF is not an insurer as contemplated in the IA, i.e. the RAF is not issued with a license to conduct its business, but derives its mandate from an Act of Parliament. The RAF performs a public function [as contemplated in paragraph (b)(ii) of the definition of “organ of state” as per section 239 of the Constitution of South Africa, 1996] and is listed as a national public entity [as prescribed in Part A of Schedule 3 of the Public Finance Management Act, 1999 (Act No. 1 of 1999) (the PFMA)].

The issue of whether the RAF is an insurer was comprehensively considered and settled by the Road Accident Fund Commission, appointed on the 01 June 1999 to inquire into the Road Accident Fund system (the Satchwell commission). The Satchwell commission received various submissions from stakeholders on this matter, including AGSA, who we must add were vehemently opposed to a Pay-As- You-Go system. The commission nonetheless concluded in their 2002 report that, “a pragmatic approach suggests that the proposed road accident benefits scheme should function as a partly funded scheme within a comprehensive system of social security…”. It further concluded, “A pay-as-you-go approach will situate the scheme within the context of a system of social security”

The Prudential Authority is the regulator of the Road Accident Fund in accordance with the Financial Supervision of the Road Accident Fund Act No.8 of 1993. In paragraph 2.3.3 of its Directive 1 (RAF), the Prudential Authority states, “In assessing the viability and sustainability of the RAF and its compliance with the provisions of the STI Act (Short Term Insurance Act) identified under paragraph 2.2 consideration will be given to the status and nature of the RAF as a public entity that is fundamentally a social security fund.”

Section 2.3.3 goes on to state “In assessing the RAF’s compliance with the prudential requirements of the STI Act, consideration will be given to the fact that

• The RAF’s business model is not based on insurance principles as the premium payable (in this case the fuel levy) does not directly correlate to the benefits provided.”

The classification of the RAF as either an insurer or a social benefit has material implications on the accounting standards that should be used to develop accounting policies in its annual financial statements. The fact that RAF is a social benefit is actually common cause between the AGSA and RAF. This is confirmed by the fact that RAF is not allowed to apply GRAP 19 because the standard specifically excludes social benefits.

The AGSA has, recently inexplicably changed its the position that the RAF is an insurer, and its benefits are not social benefits. It should be noted that in determining which accounting standard to apply, the nature of the RAF is not as important as the nature of the transaction or event. Once the AGSA issued its finding, the RAF then declared a dispute as provided for in the Public Audit Act. The RAF then followed the dispute resolution process as set out by the AGSA. This process, however, was unsuccessful and consequently, the AGSA has issued a disclaimer of opinion on the 2020/21 Annual Financial Statements. In protection of the RAF’s rights and those of the “users of financial statements”, and in compliance with the PFMA, specifically Section 55 (2) (a), the RAF was left with no option but to reluctantly approach the courts for resolution of the dispute.

The Minister has recently instructed the Board to withdraw from the litigation and pursue less confrontational dispute resolution mechanisms. The parties are engaging in that process at the moment.

Reply:

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

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

YEAR	PROG	PROVINCE
		EC	FS	GP	KZN	L	MP	NC	NW	WC
2016/17	a) Child protection Services	180	0	601	853	1326				472
	b) Substance Abuse	79	0		264					52
	c) Older Persons	154	0		287					52
	d) Victim Empowerment	111	0		259					30
	e) Services to Persons with Disabilities	104	0		288
2017/18	a) Child protection Services	279	0	601	845	1458				493
	b) Substance Abuse	104	1		254					52
	c) Older Persons	109	0		289					52
	d) Victim Empowerment	142	0		249					30
	e) Services to Persons with Disabilities	107	0		290
2018/19	a) Child protection Services	292	2		851	1492				526
	b) Substance Abuse	100	3		255					52
	c) Older Persons	119	0		296					52
	d) Victim Empowerment	145	0		248					30
	e) Services to Persons with Disabilities	106	0		292
2019/20	a) Child protection Services	278	5	601	825	1472				417
	b) Substance Abuse	103	2		244					52
	c) Older Persons	131	1		270					52
	d) Victim Empowerment	139	4		237					30
	e) Services to Persons with Disabilities	105	1		265
2020/21	a) Child protection Services	319	0	601	835	1444				469
	b) Substance Abuse	98	0		243					52
	c) Older Persons	126	1		270					52
	d) Victim Empowerment	139			236					30
	e) Services to Persons with Disabilities	101	1		265

 

Reply:

In response to the question raised, The KwaZulu -Natal Province accessed funds of R342 million from the Provincial Emergency Housing Grant to assist 4983 households and as of 17 October 2022 a total of 1 442 temporary residential units have been erected in various municipalities. The balance of the households will be assisted through other interventions. Hence the Kwa-Zulu-Natal Province has also through this Department and with the approval of the National Treasury sought consent to utilise the funding to accommodate the balance of the affected households in Transitional Emergency accommodation whilst a permanent solution is being addressed simultaneously.

Reply:

1. The total number of officials in the (a) Private Office of the President is 53 and (b) in the Office of the Deputy President is 37.

2. (a) The total number of staff members employed in the Private Office of the President is 53, The Private Office of the President does not have officials seconded from the permanent establishment of other government departments. The titles are as below

COMPONENT DESCRIPTION	JOB TITLE DESCRIPTION
DEPUTY DIRECTOR-GENERAL: PRIVATE OFFICES PRESIDENT	OFFICE MANAGER
DEPUTY DIRECTOR-GENERAL: PRIVATE OFFICES PRESIDENT	SENIOR ADMINI OFFICE
DEPUTY DIRECTOR-GENERAL: PRIVATE OFFICES PRESIDENT	PERSONAL ASST
DEPUTY DIRECTOR-GENERAL: PRIVATE OFFICES PRESIDENT	DEPUTY DIRECTOR GEN
PRESIDENTIAL SUPPORT	ADMIN SEC
PRESIDENTIAL SUPPORT	SECRETARY
PRESIDENTIAL SUPPORT	DIRECTOR
PRESIDENTIAL SUPPORT	MESSENGER/DRIVER
PRESIDENTIAL SUPPORT	SECRETARY
PRESIDENTIAL SUPPORT	SECRETARY
PRESIDENTIAL SUPPORT	APPOINT SECRETAR(D)
PRESIDENTIAL SUPPORT	ASST ADMIN SEC (AD)
PRESIDENTIAL SUPPORT	ASST ADMIN SEC (AD)
PRESIDENTIAL SUPPORT	SECRETARY
PRESIDENTIAL SUPPORT	APPOINT SEC(DD)
PRESIDENTIAL SUPPORT	ASST APPOINT
PRESIDENTIAL SUPPORT	ASST APPOINT
PRESIDENTIAL SUPPORT	SECRETARY
PRESIDENTIAL SUPPORT	SECRETARY
ADVISORS: PRESIDENT	SPEC ADV
ADVISORS: PRESIDENT	SPEC ADV
ADVISORS: PRESIDENT	SPEC ADV
ADVISORS: PRESIDENT	SPEC ADV
ADVISORS: PRESIDENT	SPEC ADV
ADVISORS: PRESIDENT	SPEC ADV
ADVISORS: PRESIDENT	SPEC ADV
ADVISORS: PRESIDENT	SPEC ADV
CD: STRATEGIC PROJECTS (PRESIDENT)	SECRETARY
CD: STRATEGIC PROJECTS (PRESIDENT)	SECRETARY
CD: STRATEGIC PROJECTS (PRESIDENT)	SECRETARY
CD: STRATEGIC PROJECTS (PRESIDENT)	SECRETARY
CD: STRATEGIC PROJECTS (PRESIDENT)	DIRECTOR: ADVI SUPP
CD: STRATEGIC PROJECTS (PRESIDENT)	CHIEF DIRECTOR
CD: STRATEGIC PROJECTS (PRESIDENT)	DIRECTOR PMO
CD: STRATEGIC PROJECTS (PRESIDENT)	DD: RESEARCH (SA)
CD: STRATEGIC PROJECTS (PRESIDENT)	DIRECTOR PMO
CD: STRATEGIC PROJECTS (PRESIDENT)	PARLIAMENTARY OFFICE
CD: STRATEGIC PROJECTS (PRESIDENT)	SECRETARY
CD: STRATEGIC PROJECTS (PRESIDENT)	SECRETARY
DIRECTOR: SPECIAL PROJECTS (PRES)	SENIOR ADMINI OFFICE
DIRECTOR: SPECIAL PROJECTS (PRES)	DD: STAKEHOLDER MANA
DIRECTOR: SPECIAL PROJECTS (PRES)	DD: INSTITUTIONS
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	SPECIALIST MEDIA LIA
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	CD COMMUN SUP SERVIC
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	SPECIALIST MEDIA LIA
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	SPEC RES DRAF & SPEC
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	DIRECTOR: MEDIA LIAI
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	SPOKESPERSON
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	ASS SPEC RES DRAF SP
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	SECRETARY
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	COMMUNICATION OFF.
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	SPEC RES DRAF & SPEC
CD: MEDIA LIAISON PUBLIC RELATIONS (PRESIDENT)	DIRECTOR: CONTENT SU

1. (b) The total number of staff members employed in the Office of the Deputy President is 37, The Office of the Deputy President does not have officials seconded from the permanent establishment of other government departments. The titles are as below

COMPONENT DESCRIPTION	JOB TITLE DESCRIPTION
DIRECTOR: CONTENT SUPPORT/ANALYST (DP)	DD: M&E
DIRECTOR: CONTENT SUPPORT/ANALYST (DP)	SECRETARY
DIRECTOR: CONTENT SUPPORT/ANALYST (DP)	DD: CONTENT SUPPORT
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	ADMINISTRATION OFFI.
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	ADMINISTRATIVE SECRE
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	ADMIN SEC
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	SECRETARY
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	MESSENGER/DRIVER
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	ADMINISTRATION OFFI.
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	SECRETARY
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	REGISTRY CLERK
PERSONAL SUPPORT DEPUTY PRESIDENT (ADMINISTRATION)	ASST APPOINT
DIRECTOR: SPECIAL PROJECTS (DP)	DEPUTY DIRECTOR
DIRECTOR: SPECIAL PROJECTS (DP)	DIRECTOR
ADVISORS TO THE DEPUTY PRESIDENT	SPEC ADV IV
ADVISORS TO THE DEPUTY PRESIDENT	SPEC ADV IV
ADVISORS TO THE DEPUTY PRESIDENT	SPEC ADV IV
COMMUNICATIONS IN THE OFFICE OF THE DP	SPECIALIST MEDIA LIA
COMMUNICATIONS IN THE OFFICE OF THE DP	SECRETARY
COMMUNICATIONS IN THE OFFICE OF THE DP	SPECIALIST MEDIA LIA
COMMUNICATIONS IN THE OFFICE OF THE DP	SPEC RES DRAF & SPEC
COMMUNICATIONS IN THE OFFICE OF THE DP	SECRETARY
COMMUNICATIONS IN THE OFFICE OF THE DP	SPECIALIST MEDIA LIA
DDG:PRIVATE OFFICE OF THE DEPUTY PRESIDENT	PERSONAL ASST
DDG:PRIVATE OFFICE OF THE DEPUTY PRESIDENT	DEPUTY DIRECTOR GEN
CHIEF DIRECTOR STRATEGY AND SPECIAL PROJECTS (DP)	DIRECTOR: CONTENT SU
CHIEF DIRECTOR STRATEGY AND SPECIAL PROJECTS (DP)	SECRETARY
CHIEF DIRECTOR STRATEGY AND SPECIAL PROJECTS (DP)	SENIOR ADMINI OFFICE
CHIEF DIRECTOR:PERSONAL SUPPORT SERVICES (DP)	SECRETARY
CHIEF DIRECTOR:PERSONAL SUPPORT SERVICES (DP)	CHIEF DIRECTOR
ADVISORY SUPPORT SERVICES DEPUTY PRESIDENT	DIRECTOR
ADVISORY SUPPORT SERVICES DEPUTY PRESIDENT	SECRETARY
ADVISORY SUPPORT SERVICES DEPUTY PRESIDENT	DD: RESEARCH (SA)
ADVISORY SUPPORT SERVICES DEPUTY PRESIDENT	SECRETARY
ADVISORY SUPPORT SERVICES DEPUTY PRESIDENT	SECRETARY
ADVISORY SUPPORT SERVICES DEPUTY PRESIDENT	SECRETARY
ADVISORY SUPPORT SERVICES DEPUTY PRESIDENT	DD:RESEARCH (PC)

COMPONENT DESCRIPTION	POST JOB TITLE DESCRIPTION	Filled
OFFICE OF THE MINISTER	HOUSEHOLD AIDE	1
OFFICE OF THE MINISTER	HOUSEHOLD AIDE	1
OFFICE OF THE MINISTER	RECEPTIONIST	1
OFFICE OF THE MINISTER	ASSISTANT APPOINTMENT & ADMIN SECRETARY	1
OFFICE OF THE MINISTER	COMMUNITY OUTREACH OFFICER	1
OFFICE OF THE MINISTER	MEDIA LIAISON OFFICER	1
OFFICE OF THE MINISTER	PARLIAMENTARY OFFICER	1
OFFICE OF THE MINISTER	PRIVATE & APPOINTMENT SECRETARY	1
OFFICE OF THE MINISTER	CHIEF OF STAFF	1
OFFICE OF THE MINISTER	SPECIAL ADVISOR	1
OFFICE OF THE MINISTER	SPECIAL ADVISOR	1
		11
OFFICE OF THE DEPUTY MINISTER	FOOD SERVICES AIDE	1
OFFICE OF THE DEPUTY MINISTER	HOUSEHOLD AIDE	1
OFFICE OF THE DEPUTY MINISTER	HOUSEHOLD AIDE	1
OFFICE OF THE DEPUTY MINISTER	MESSENGER / DRIVER	1
OFFICE OF THE DEPUTY MINISTER	RECEPTIONIST	1
OFFICE OF THE DEPUTY MINISTER	REGISTRY CLERK	1
OFFICE OF THE DEPUTY MINISTER	COMMUNITY OUTREACH OFFICER	0
OFFICE OF THE DEPUTY MINISTER	SPECIALIST: INTERNAL COMMUNICATIONS	1
OFFICE OF THE DEPUTY MINISTER	PARLIAMENTARY & CABINET SUPPORT	1
OFFICE OF THE DEPUTY MINISTER	PRIVATE & APPOINTMENT SECRETARY	1
OFFICE OF THE DEPUTY MINISTER	HEAD OF THE OFFICE OF THE DEPUTY MINISTER	1
		10
OFFICE OF THE DEPUTY MINISTER (NEW)	FOOD SERVICES AID	1
OFFICE OF THE DEPUTY MINISTER (NEW)	HOUSEHOLD AIDE	1
OFFICE OF THE DEPUTY MINISTER (NEW)	HOUSEHOLD AIDE	1
OFFICE OF THE DEPUTY MINISTER (NEW)	MESSENGER/DRIVER	1
OFFICE OF THE DEPUTY MINISTER (NEW)	RECEPTIONIST	1
OFFICE OF THE DEPUTY MINISTER (NEW)	PARLIAMENTARY & CABINET SUPPORT	1
OFFICE OF THE DEPUTY MINISTER (NEW)	COMMUNITY OUTREACH OFFICER	1
OFFICE OF THE DEPUTY MINISTER (NEW)	PRIVATE & APPOINTMENT SECRETARY	1
OFFICE OF THE DEPUTY MINISTER	HEAD OF THE OFFICE OF THE DEPUTY MINISTER	1
		9
	TOTAL	30
SECONDED STAFF
OFFICE OF THE MINISTER	SENIOR MANAGER	2
	CABINET & PARLIAMENTARY SUPPORT (LEVEL 11)	1

Thank You.

Reply:

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

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

Reply:

National Treasury receives an intention to restrict a supplier from an organ of the state; such a receipt triggers a review/analysis process based on the documents submitted by the state organ. A review/analysis entails that National Treasury must check if the state organ has complied with all restriction requirements (such as enforcing the audi alteram partem rule). Furthermore, a review/analysis entails that National Treasury must check if all restrictions' applicable laws were complied with; amongst others are:

1. PFMA- General Conditions of Contract – Section 23.
2. Preferential Procurement Regulations, Regulation 14.
3. MFMA, Section 112.
4. MFMA Regulations – Regulation 38.
5. MFMA - General Conditions of Contract – Section 23.
6. MFMA Circular 43.
7. PFMA SCM Instruction Note 3 of 2021/2022, paragraph 6.

Suppose all supplier restriction requirements were met and the state organ also complied with all applicable laws; in that case, the National Treasury goes ahead to list the supplier on the National Treasury Database of Restricted Suppliers (publicly accessible). Otherwise, the National Treasury rejects an application to restrict a supplier and provides reasons for the rejection and where to fix it (if any).

Therefore, the trigger to restrict any supplier begins with each state organ's accounting officer/accounting authority or by court order, according to the applicable laws. The organ of the state must ensure that the restriction process followed is procedurally fair as per the applicable laws because National Treasury also checks all the applicable laws and requirements before a restriction is allowed.

National Treasury is not in a position to comment on whether companies have been red-flagged for corruption and fraudulent practices since such processes must be triggered by each state organ. Suppliers, directors, and/or shareholders that have been restricted may be accessed from the National Treasury website under the Database Of Restricted Suppliers.

Reply:

1. Referral to law enforcement was done between 01 May and 30 June 2022. Referral was done to the South African Police Service Coordinators who were dully appointed to be the nodal points on the Project. The breakdown of cases referred is reflected on the table below:

Province	Name of SAPS Coordinator to whom referral was made	Number of cases referred
Gauteng	Colonel Naidoo	14
Northwest	Colonel Moahlodi	21
Limpopo	Brigader Ramokolo	4
Mpumalanga	Colonel Majola	24
Free State	Lt Col Mathakoe	7
KwaZulu-Natal	Colonel Narayan	94
Eastern Cape	Colonel Dyasi	34
Total	198

(2)

(a) The public servant occupying a level 13 position who benefitted from the R350 Social Relief of Distress is employed at Limpopo Provincial Department of Transport and Community Safety.

(b) The total amount the specified employee benefited in this regard is R350.00

(3) SASSA did in fact inform the province, through a letter dated 14 July 2022 addressed to the Director-General: Limpopo Office of the Premier, requesting for his intervention and coordination to institute disciplinary action and recovery/acknowledgement of debt from the officer. The letter was acknowledged by the Office of the Premier on 19 July 2022. A follow up letter was sent at the beginning of October 2022 for a status update, and SASSA is still awaiting a response.

Reply:

The Minister took Office in 2018, almost 11 years after the Free State High Court pronounced that his department cannot exercise jurisdiction under the MPRDA in relation to the tailings dumps in question.  Given the lapse of time the Department had attempted to remedy the situation through an amendment which was adopted in 2013, however the Bill lapsed with the end of term of the administration. The Department has resuscitated the amendment of the MPRDA to include tailing dams and an Amendment Bill will be submitted to the Legislature in due course.

Reply:

1. SASSA clients are divided into two groups. Those who receive social grants and those that receive the Social Relief of Distress (SRD), including the COVID-19 SRD.

a) No social grants or SRD, with the exception of SRD for disasters, are paid in person as all grants are paid into bank accounts or via a mobile money option.

SRD for disasters are provided in-kind. This is in the form of food, blankets, mattresses, etc. that are supplied to individuals in shelters; or as vouchers that can be redeem at merchants.

In rural areas where normal banking infrastructure is limited, the Postbank provides cash paypoints for SASSA clients to access their funds from via Postbank accounts. The number of clients who utilise this facility varies from month to month from between 100 000 to 200 000. In the month of August 2022, 118,981 clients utilised this option.

b) All clients – both for SRD and social grants – and with the exception of those who are paid in-kind, are paid into their indicated bank accounts; and

c) approximately a 100 000 COVID-19 SRD clients are paid via a mobile money transfer (cash send) option.

2. In relation to the appeals relating to SASSA grant decisions:

(a) As at 30 September 2022 the Independent Tribunal for Social Assistance Appeals (ITSAA) received a total of 2 591 appeals that are related to the decisions of SASSA on social assistance applications to various grant types. A total of 1 014 appeals have been finalised and 1 577 is currently in the adjudication process. The total outstanding is still within 90 days period as the related appeals were all received during August and September 2022.

(b) The appeals are disaggregated as follows in terms, of the various grant types:

Grant Type	Total Received	Total Adjudicated	Outstanding
DISABILITY GRANT	2 335	933	1 402
OLD AGE GRANT	95	29	66
CARE DEPENDENCY GRANT	77	24	53
GRANT-IN-AID	50	24	26
FOSTER CARE GRANT	0	0	0
CHILD SUPPORT GRANT	33	3	30
WAR VETERANS GRANT	0	0	0
SRD (NORMAL)	1	1	0
GRAND TOTAL	2 591	1 014	1 577

 

In addition to the above, as at 30 September 2022, the Independent Tribunal received a total of 3 595 147 appeals in respect of the third (current) iteration of the Covid-19 SRD for the period of April 2022 to July 2022. The appeals were recorded for April, May, June and July totaling 1 165 369, 1 297 776, 516 442 and 588 401, respectively. Some appeals related to the month of June 2022, the 90-days period expired during the 1st week of October 2022. However, the Independent Tribunal has adjudicated all appeals received against the Covid-19 SRD applications declined by SASSA for the month of June 2022. The rest of the appeals that are outstanding are still within 90-days period which will expire during the relevant months in line with the period they were received. Below are the details in relation to the Covid-19 SRD appeals received as from 27 June 2022:

Grant Type	Total Received	Total Adjudicated	Outstanding
Covid-19 SRD	3 595 147	516 442	3 078 705

The adjudication processes relating to April – May 2022 are underway.

3.

(a) There are no social grants or SRD for disasters that are not paid to date. Payment challenges do however persist with the COVID-19 SRD assessments and payments. At present, assessments are running about 1 month behind (September assessments were conducted in October) and approximately 80% of approved clients have been paid. In August 2022, this represented approximately 1.4 million clients.

(b) The main reasons for delayed payments include:

• Awaiting bank account verification – before making a payment for the first time, SASSA needs to confirm with the bank that the bank account uploaded by the client belongs to the client to ensure that we are paying the correct person.
• Failed bank account verification – often clients upload incorrect banking details.
• For cash send options a similar verification of the mobile number used by the client for payment is required. A huge majority of these fail due to clients not using mobile numbers that are directly linked to them in terms of the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 (RICA).

Reply:

a) For the past five financial years, a total number of 31 376 South Africans have benefited from shelters for victims of gender-based violence operated the department of Social Development.

b) The breakdown of the specified numbers in each province is as follows (where there are gaps, please note that the concerned provinces had not provided the said information at the time of replying):

PROVINCE	FINANCIAL YEARS AND NUMBER OF BENEFICIARIES
	2018/19	2019/20	2020/21	2021/22	2022/23
Eastern Cape	220	417	510	451	188
Free State	363	345	336	202	237
Gauteng					12991
Kwa-Zulu Natal	3767	3970	2438	2746
Limpopo	83	97	104	104	93
Mpumalanga	489	508	720	739	420
Northern Cape	223	244	199	215
North West	62	82	222	102	85
Western Cape			1963	1851
TOTAL	5207	5663	6492	6410	14014

 

Reply:

a) The total number of people who benefited from substance abuse and rehabilitation programmes for the past five years is 14 276 241

b) The following is the breakdown of the specified number in each province:

• Eastern Cape

FINANCIAL YEAR	NUMBER OF PEOPLE THAT ACCESS REHABILITATION PROGRAMMES
2017-2018	1 482
2018-2019	1 380
2019-2020	2 576
2020-2021	2 013
2021-2022	2 974

• Western Cape

Indicator	2017-2022
Number of service users who completed inpatient treatment services at funded NPO, DSD own services treatment centres and DSD CYCCs.	5 383
Number of service users who accessed community-based treatment services.	14798
Number of service users that have received early intervention services for substance abuse.	31330
Number of service users that have received aftercare and reintegration services for substance abuse.	9568

• Free State

Indicator	2017-2022
People benefitted from Department’s substance abuse prevention programmes.	205 806
People benefitted from rehabilitation and treatment programme for substance use disorder.	2738
people benefitted from the re-integration and after care programmes	742
Total	209 286

• Gauteng

SUBSTANCE ABUSE SERVICES	TOTALS
Numbers reached through people reached through prevention programmes	7461131
Number of children 18 years below reached through the Ke –Moja drug prevention	3360020
Number of youth (19-35) reached through the Ke-Moja drug prevention programme	1499097
Number of parents and care givers participating in Ke-Moja programmes	298452
Service user who accessed outpatient-based treatment services	42232
Number of service users who have access to public in patient treatment center	5418
Number of services who accessed inpatient treatment services at funded treatment centre	36371
Number of persons who received substance abuse treatment participating in aftercare programme	41353
Number of service users who accessed funded substance abuse community based service	59950
Number of service users who completed inpatient treatment services at funded treatment centres	16610
Number of service users who accessed	118447
Number of service users admitted at registered and funded halfway house	2079

• KwaZulu-Natal

Key Performance Indicator	Total
Number of children 18 years and below reached through substance abuse prevention programmes.	770889
Number of people (19 and above) reached through substance abuse prevention programmes.	295669
Number of service users who accessed out-patient based treatment services.	7733

Reply:

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

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

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

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

Reply:

a) (i) Refugees: 4 102

(ii) Asylum seekers: 15 258

NB: Figure are as at September 2022, the figure varies from month to month depending on the approvals.

b) (i) Refugees: R34 456 800.00

(ii) Asylum seekers: R63 113 750.00

NB: Figures are for the 2 years since Covid SRD R350 has been running.

Reply:

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

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

According to Information Received from Eskom:

3. Context – key insights and lessons learnt

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

• International benchmark lesson: engineering development of mega projects
• Adequate front-end engineering development (FEED) of mega projects: the approach taken in comparable benchmarked projects shows that investment in FEED reduces execution time, reduces capital expenditure, and increases schedule certainty.
• Key benefits of FEED are the development of comprehensive and complete engineering assumptions that significantly improve scoping, planning, plant designs, project schedule delivery, and execution integration and result in significant reduction in contractor claims and improvement in cost efficiencies through effective commercial, procurement, and tender award processes.
• Timely up-front investment decision-making and securing of project funding
• The decision to embark on the Eskom massive and complex new build programme, with three mega projects (Medupi, Kusile, Ingula) executed at the same time, and the national energy supply crisis of 2008 (that is, the loadshedding situation) led to the hurried executive decision for Eskom to start the construction of Medupi and Kusile power plants, which presented multiple risks, including a capital funding shortfall. The Kusile Project was suspended for several months due to a capital funding shortfall. In addition, some gaps were identified regarding a lack of suitably qualified, skilled, and experienced resources from both Eskom and contractors that were not readily available in the market (locally and internationally).
• At the time of the commencement of these mega projects, Eskom had not executed any projects of this magnitude and scale for decades, hence the lack of skills and experience. The critical skills and experience lacking from both Eskom and contractors included engineering planning and design, contracting and contracts management, commercial and procurement management, programme/project management (scheduling and monitoring), and construction management.

• Furthermore, the choice of the engineering, procurement, and construction (EPC) management multiple contracting strategy versus turnkey in the execution of the Ingula, Medupi, and Kusile Projects, to partly fulfil Eskom’s socio-economic mandate, introduced a project/contract management risk that resulted in ineffective co-ordination/management of the many contracts and contractors. The appointment of experienced and proven global execution partners was intended as a mitigation measure to provide assurance of successful delivery of the projects. Despite the appointment of the execution partners to assist Eskom, the projects experienced significant cost, schedule, and scope overruns. The cumbersome procurement approval processes in Eskom and government were a contributing factor.
• The hurried project development and shortened time spent on front-end engineering loading, with shortcuts taken in design and engineering, led to uncertainty, avoidable design changes, and integration issues, accompanied by significant mega project schedule delays, design defects, and cost escalations. The current major new plant defects are a significant consequence, impacting on the availability and reliability of the commissioned units. This situation, furthermore, led to outstanding licences and approvals that had to be obtained during the execution release approval (ERA) phase, as was the case with land acquisitions, which ultimately had a negative impact on the overall project completion time. Notwithstanding the aforementioned, Eskom managed to deliver the mega projects within the overall range of international benchmark time frames and overnight costs.
• An ineffective contracting strategy and framework, including an insufficient contractual penalties and claims management strategy, contributed to low levels of contractor performance (productivity).
• Ineffective project execution resulted in excessive cost, schedule, and scope overruns in the mega projects due to challenges and inefficiencies in several functional areas: engineering planning and design; project scheduling and controls; commercial and procurement management; contractor management and monitoring; and low levels of performance by execution partners, contractors, and Eskom staff. This inadequate project construction oversight of contractor performance resulted in significant rework (that is, major plant defects).
• Ineffective project governance, oversight, and compliance management resulted in serious non-compliance with Eskom governance processes in the areas of contracts, procurement, commercial, engineering, and National Treasury policies and guidelines, leading to the high incidence of financial irregularities, wasteful expenditure, malfeasance, and corruption.

• Ineffective management of the project statutory and regulatory requirements and risks related to safety, health, the environment, and quality, resulting in delayed project statutory and regulatory approvals (that is, water use licences, permits), with approvals obtained during the ERA phase, and leading to significant disruption and changes to the sequence of the construction schedule.
• Ineffective management of the project industrial relations and social developmental issues resulted in various site worker protests and local-to-site community protests, significantly contributing to project cost and schedule overruns.

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

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

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

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

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

Progress on fixing the major defects at Medupi and Kusile

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

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

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

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

 

 

Reply:

The Road Accident Fund (RAF),

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

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

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

Reply:

As stated in the previous response, the need for and timing of further updates the NHI costing model will be determined by practical progress with NHI, spending patterns, and the timing of the legislative process. Further cost modelling will need to be informed by further development of the NHI benefit package, healthcare utilization trends and projections, and unit costs. However, the cost model will not automatically translate into budget allocations as these would have to be made as part of the budget process which will take into account the macro-economic environment and fiscal space. We agree that inflationary pressures and effects of COVID-19 are important considerations. It is difficult to give a blanket commitment that any implementation of NHI will not come into operation without further detailed modeling. However, it is likely that a set of gradual, transitional reforms will require more detailed costing in order to assess budget requirements, as opposed to the full national implications of NHI as envisaged in the NHI Bill, which will almost certainly require a major updating of the existing and other cost models. Note that the NHI Bill is still in Parliament and the 2022 MTBPS emphasises that budget allocations in Budget 2023 are more likely to focus on fixing budgetary gaps that emerged after the economic slowdown due to COVID-19 and addressing service backlogs and is unlikely to have a substantial focus on NHI.

Reply:

The Minister took Office in 2018, almost 11 years after the Free State High Court pronounced that his department cannot exercise jurisdiction under the MPRDA in relation to the tailings dumps in question.  Given the lapse of time and considering that the ruling prompted the legislature to consider amending the MPRDA to remedy the legislative lacuna as far back as 2013 when it adopted the MPRDA Amendment Bill of 2013, there are at this stage no prospects of successfully appealing the judgment.

Reply:

1. The total number of outstanding rape cases on the court rolls is: 10 118 in the Regional Courts and 5 355 in the District courts. The above is the total number of outstanding cases involving charges of rape as at 28 October 2022. The cases are not recorded in accordance with the dates on which the crimes have been reported at the South African Police Service and cannot directly be linked to the 286 cases reported by the Police for quarter one of the financial year.

2. During the financial year 2021-22, the NPA received 767 799 new dockets for decision. The NPA does not distinguish between crime types.

3. (a) (i) Of the 767 799 decision dockets, which include rape matters, prosecution was instituted in 79 319 cases.

(ii) Of the 767 799 dockets which include rape matters, prosecution was declined in 401 191 cases.

(iii) Of the 767 799 dockets which include rape matters, 283 719 cases were referred for further investigation.

(b) Regarding the balance of the cases, 2 749 were mediated, 770 were adult iversions and 1 816 cases were finalised by way of an admission of guilt. The rest of the cases were referred for an Inquest in terms of the Inquest Act No. 58 of 1959, the accused were referred for mental observation in terms of Criminal Procedure Act No. 51 of 1977, the accused were referred for criminal capacity assessment, finalized by way of an alternative dispute resolution method, diverted where the accused were young offenders and the rest of the cases are pending awaiting the arrest of the accused who absconded after enrolment of the case.

Reply:

According to the Information Received From Eskom

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

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

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

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

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

Reply:

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

No.	Year	Beneficiaries	Officials	Money Lenders	Other
1	2021/2022	-	50	-	-
2	2020/2021	17	20	-	-
3	2019/2020	83	16	3
4	2018/2019	73	52		1 CPS Official 6 Public Works Officials 5 Former SASSA Officials
5	2017/2018	38	195	53	7 private person 1 CPS
6	2016/2017	1	22	-	3 Private Persons
7	2015/2016	9	337		5 Doctors 5 Private persons 3 Former SASSA Officials
8	2014/2015	-	3	64	16 Private Persons 2 CPS Officials
9	2013/2014	-	56	-
10	2012/2013	-	10	-	03 Former SASSA Official 15 Agents/Tout
	Subtotal	221	761	120	72 Private persons
	Total	1174

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

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

Reply:

1. RRAMS and PRMG is managed through a Conditional Grant Framework which stipulates various responsibilities of the National Transferring Officer (NTO) and the Receiving Officer (RO). Monitoring is done quarterly and through bilaterals and intervention meetings.

There are also Roads Coordinating Body meetings of all Provinces that also help to interface with Provinces and Municipalities on performance and compliance matters.

2. RRAMS has a Capacity Human Development Provision where by the receiving authorities are at liberty to recruit requisite skills and competencies to perform the functions expected from this program.

With regards, the monitoring and oversight of Road Agencies, the capacity at Public Entity Oversight will augment the Roads Branch with highly skilled and experienced persons.

In addition, further training and development programmes will be implemented to further build capacity.

The receiving authorities have been advised to address the shortage of critical skills, which include CFOs and technically skilled personnel both at Provincial and Municipal levels. However, it is worth mentioning that it is difficult for Municipalities to keep these technical skills.

Reply:

(1) Attached as Annexure A.

(2) The Department does not have any evidence suggesting a link between overcrowding of prisons and the health deterioration of inmates. Inmates are provided with primary health care services in the correctional centres based on identified health needs and clinical conditions. Where applicable, inmates are referred to external public health facilities for secondary and tertiary levels of health care.

(3) Overcrowding places limitation in terms of space in the facilities for conducting group rehabilitation programmes.

Professionals share offices in some cases and that limits the number of inmates they can consult with per day since they have to alternate and share available common office spaces.

END.

Reply:

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

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

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

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

Reply:

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

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

Breeding for high-yielding cultivars and distributing production guidelines:

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

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

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

Management of plant pests and diseases:

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

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

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

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

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

Release of new varieties with improved performance:

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

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

Commodities Financial year 2021/ 22	Number of Varieties Financial year 2022/ 23 (to date)	Number of Varieties
Maize	64	18
White Conventional	0	0
Yellow Conventional	1	0
White Genetically modified	26	18
Yellow Genetically modified	37	0
Wheat	1	15
Other grains
Sorghum	0	1
Sunflower	7	0
Soybean	30	24
Oats	2	0
Barley	1	0
Groundnut	3	0
Canola	4	0

Table 2: New GMO events approved in 2021/2022

Crop	Event	Trait	Category
Maize	Bt11xMIR162xMON89034xGA21	Insect resistance and Herbicide tolerance	General release
Maize	Bt11xMIR162xGA21	Insect resistance and Herbicide tolerance	General release
Maize	NK603 x T25 x DAS40278	Herbicide tolerance	Commodity clearance
Soybean	DAS-81419-2xDAS-44406-6	Insect resistance and Herbicide tolerance	Commodity clearance
Soybean	MON87701 x MON89788	Insect resistance and Herbicide tolerance	General release
Table 3: New GMO events approved in 2022/2023
Crop	Event	Trait	Category
Maize	3272 x Bt11 x MIR162 x MIR604 x TC1507 x 5307 x GA21	Insect resistance and Herbicide tolerance	Commodity clearance

Development support to black producers

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

HA	EC	FS	GP	KZN	LP	MP	NC	NW	WC	TOTAL
Fruit	298		0		291	50		10		649
Wine & Table Grapes									6	6
Vegetables	1616,8	12	200	2 073	878	1140	140	267	0	6 327
Grains (Maize, Dry Beans, Groundnuts, Wheat, Sunflower, Sorghum)	36 365	1414	4 000	10 465	6446	15050	200	6 288	0	80 228
Macadamia/Nuts				30				24		54
Chicory	120									120
Cotton					462					462
Fodder	701	210	0					110		1021
TOTAL	39 100,8	1 636	4 200	12568	8077	16240	340	6 699	6	88 867

Reply:

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

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

3. (a) and (b)

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

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

Reply:

The National Prosecuting Authority (NPA) prioritises all Gender-Based Violence and Femicide (GBVF) matters and more especially where the victims are children. The Sexual Offences and Community Affairs (SOCA) Unit within the NPA is tasked with, inter alia, ensuring increased access to justice for victims of GBV as well as optimal management of these matters in a victim responsive manner, in line with the Strategic Plan of the NPA. This is done by providing pre-trial and court preparation services, often in collaboration with Civil Society Organisations (CSO), at its sixty-one (61) Thuthuzela Care Centres (TCCs) across the country. These one-stop centres provide a variety of essential psycho-social, medical and legal services thus creating a safe space for child victims to report offences against them and receive services that are empowering them to transform into survivors. Specialised training is also provided to prosecutors in dealing with child victims and their testimonies. Whilst prosecutors in court are prioritising these matters, data is not kept for offences committed against children specifically.

During the Quarter 1 of 2021/22 financial year (April to June 2021), the following was not recorded in respect of crimes against children:

1. The total of successful convictions;
2. The total number of dismissals or acquittals, nor the reason(s) for the acquittal;
3. The information regarding cases withdrawn by the victim and/or victim’s family;
4. The number of cases awaiting trial;
5. The number of cases awaiting sentencing; and
6. The NPA is also unable to supply information pertaining to cases still under investigation in each province for (i) murder, (ii) attempted murder, (iii) assault with the intent to inflict grievous bodily harm and (iv) common assault as it is not recorded by the NPA but the SAPS.

The number of cases reported by SAPS includes matters where the decision was taken to not prosecute where the offender is also a child and below the age of criminal capacity or whether the child victim was too traumatised to proceed or where there is insufficient evidence to proceed.

Reply:

According to Information Received From Eskom

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

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

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

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

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

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

 

Reply:

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

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

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

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

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

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

 

 

Reply:

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

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

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

Reply:

a) The Department of Agriculture, Land Reform and Rural Development (DALRRD) offers training and capacity-building programmes to smallholder farmers/producers with the Provincial Departments of Agriculture through the Comprehensive Agricultural Support Programme (CASP). Skills development and mentorship was provided under the following 5 broad categories:

• Production: livestock, pig, goat, poultry, vegetable/crop, plant, beef, dairy etc;
• Business and Entrepreneurship: farm management, marketing, financial management, project management, organisational management, conflict management, record keeping;
• Technical: welding, tractor and irrigation maintenance, fencing, etc;
• Occupational Health and Safety: safe use of chemicals, first aid, pest control etc; and
• Mentorship: people management skills, business management skills, production/technical skills and activities, social skills etc.

b) For the last 5 years, 2017/18 – 2021/22, DALRRD offered skills programmes and mentorship to 104 660 beneficiaries and R398 565 000 was spent as outlined below.

Table 1: Budget spent on training and mentorship per province per financial year for the previous 5 years (2017/18 - 2021/22):

Province	Year	Total Budget over 5 Years
	2017/18	2018/19	2019/20	2020/21	2021/22
Eastern Cape	R5 773 000	R6 391 000	R8 600 000	R6 232 000	R16 201 000	R 43 197 000
Free State	R10 231 000	R7 194 000	R6 900 000	R8 700 000	R15 043 000	R 48 068 000
Gauteng	R9 307 000	R7 724 000	R7 489 000	R3 000 000	R8 100 000	R 35 620 000
KwaZulu-Natal	R7 100 000	R10 500 000	R8 000 000	R8 000 000	R15 043 000	R 48 643 000
Limpopo	R8 691 000	R9 165 000	R8 276 000	R10 000 000	R15 043 000	R 51 175 000
Mpumalanga	R7 322 000	R4 545 000	R7 033 000	R12 143 000	R13 886 100	R 44 929 100
Northern Cape	R2 800 000	R1 800 000	R1 500 000	R8 520 000	R9 257 400	R 23 877 400
North West	R10 695 000	R9 000 000	R13 767 000	R12 468 000	R13 886 100	R 59 816 100
Western Cape	R8 995 000	R9 406 000	R9 751 000	R5 830 000	R9 257 400	R 43 239 400
Total	R 70 914 000	R 65 725 000	R 71 316 000	R 74 893 000	R 115 717 000	R 398 565 000

Table 2: Number of beneficiaries trained per province per financial year for the previous 5 years (2017/18 - 2021/22):

Province	Year	Total Beneficiaries Trained over 5 Years
	2017/18	2018/19	2019/20	2020/21	2021/22
Eastern Cape	2 137	2 919	1 683	1 108	1 550	9 397
Free State	1 816	0	402	811	1 221	4 250
Gauteng	3 373	4 130	698	154	1 526	9 881
KwaZulu-Natal	833	2 133	755	536	734	4 991
Limpopo	1 268	2 561	2 802	2 451	3 297	12 379
Mpumalanga	8 246	9 596	7 372	5 911	3 155	34 280
Northern Cape	1 854	2 416	2 201	1 206	295	7 972
North West	1 010	1 711	1224	488	1 193	5 626
Western Cape	2 943	1 693	1746	2 557	4 352	13 291
Total	23 480	27 159	18 883	15 222	17 323	102 067

Table 3: Number of beneficiaries who received mentorship per province per financial year for the previous 5 years (2017/18 - 2021/22):

Province	Year	Total Beneficiaries Mentored over 5 Years
	2017/18	2018/19	2019/20	2020/21	2021/22
Eastern Cape	116	375	0	0	14	505
Free State	17	0	0	104	205	326
Gauteng	0	0	0	0	0	0
KwaZulu-Natal	0	0	0	343	81	424
Limpopo	57	73	71	119	103	423
Mpumalanga	43	200	65	0	262	570
Northern Cape	25	0	0	0	0	25
North West	14	0	0	30	0	44
Western Cape	36	159	9	37	35	276
Total	308	807	145	633	700	2 593

Reply:

According to the information received from Transnet

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

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

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

Reply:

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

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

---00O00---

Reply:

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

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

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

(2) None.

END

Reply:

According to the information received from Transnet

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

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

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

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

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

 

Reply:

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

2. None received.

3. Not applicable as no appeals have been received.

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

END

Reply:

According to Information Received from Eskom:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

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

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

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

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

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

END

 

Reply:

(a) Six (6)

(b) R4 555 841 per annum.

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

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

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

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

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

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

END

Reply:

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

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

Country	Spot rate	32 page passport	Maxi passport
Canada	0.0753383665	CAD91.00	CAD181.00
New Zealand	0.095299378	NZD115.00	NZD230.00
United Kingdom	0.047938754	GBP58.00	GBP116.00

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

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

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

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

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

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

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

END

Reply:

1. (a) Cases

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

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

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

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

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

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

Reply:

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

END

Reply:

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

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

YEAR 2021 LOST MATTERS
	NAMES	CATEGORY	REASON FOR THE APPLICATION	TOTAL AMOUNT
1	Dembello Markos	Immigration/ urgent	Release from detention	R209 052.95
2	Mbrik Barsodo Shafe	Immigration	Release from detention	R16 618.77
3	Alert Ndlovu	Immigration	Release from detention	R34 848.00
4	Chand Uzzal Mondol	Immigration/ urgent	Release from detention	R27 200.00
5	Dwatat Ashenut	Immigration/ urgent	Release from detention	R1 615.98
6	Deroke Ashuro Abacho	Immigration	Release from detention	R76 525.72
7	Khaled Abdelmoniem Foud	Immigration/ urgent	Release from detention	Awaiting invoice from Justice
8	Hassim Allamin	Immigration	Release from detention	Awaiting invoice from Justice
9	Faruk Omar	Immigration/ urgent	Release from detention	R173 119.97
10	S Ntukwana	Labour relations Act	Re-instatement	R53 100.00
11	Herbert Mfabi & & Musana Luzake	Immigration/ urgent	Release from detention	R27 200.00
12	Kamal Adissa Agbe Akinotcho	Immigration Act/urgent	Release from detention	R2 519.72
13	Manedo Ayano	Immigration Act/urgent	Interdict deportation and release to apply for asylum	Awaiting invoice from Justice
14	Lamboroko Berekete	Immigration Act/urgent	Interdict deportation and release to apply for asylum	Awaiting invoice from Justice
15	Ababa Joseph	Immigration Act/urgent	Interdict deportation and release to apply for asylum	Awaiting invoice from Justice
16	fayez Mohammed	Immigration Act/Urgent	Release from detention	R27 744.00
17	Kotiso Tsagae	Immigration Act/urgent	Release from detention	R35 700.00
18	Amin Abukar and 5 others	Immigration Act/urgent	Interdict deportation and release to apply for asylum	R70 000.00
19	Fayeza Nuraden	Immigration Act/urgent	Interdict deportation and release to apply for asylum	R47 775.00
20	Douglas chidi Obere ofenedu	Immigration Act/urgent	Interdict deportation and release to apply for asylum	Awaiting invoice from Justice
21	Rashid Adam	Immigration Act/urgent	Interdict deportation and release to apply for asylum	R10 500.00
22	Centre For Child Law // Minister of Home Affairs and others	Births and Deaths Registration Act 51 of 1992	constitutionality of section 10— section is unconstitutional	R122 560.00
23	mezene Tedessa Someno	Immigration Act/urgent	Interdict deportation and release to apply for asylum	R89 182.50
24	Mohlakore Matsaba	Immigration Act/Citizenship, urgent	Interdict deportation	R33 480.00
25	Dutimo Bakala	Immigration Act/ urgent	Interdict deportation	R82 100.49
26	Tugugn Tedesse Achamo	Immigration Act/ urgent	Interdict deportation	R25 561.45
27	Birhu Kibamo &Tesfaye John	Immigration Act/ Urgent	Interdict deportation	R19 200.00
28	Detamo Wondmagan	Immigration Act/urgent	Urgent application	R106 261.55
29	Hussen Mohammed	Immigration Act/ urgent	Urgent application	R102 395.07
30	Getachew Tirore Watango	Immigration Act/ urgent	Urgent application	Awaiting invoice from Justice
31	Abeni Girma Teloro	Immigration Act/ urgent	Urgent application	Awaiting invoice from Justice
32	Kanora Gabese Gabore	Immigration Act/ urgent	Urgent application	R341 250.00
33	Fhatuwani Sibanda	Citizenship Act/ Immigration Act	Urgent application	R123 395.00
34	kabula Ilunga	Immigration Act/ urgent	Urgent application	R19 550.00
35	Maria Belvedere Florencia	Labour relations Act	Labour Matter	R87 200.00
36	Ramadhani Rajabu	Immigration Act/urgent	Urgent application	R40 341.19
37	Kamorudeen Tunde Isiaq	Immigration Act/urgent	Urgent application	R34 200.00
38	Salamu Muramo Rejabo	Immigration Act/urgent	Urgent application	R11 400.00
39	Dutimo Bakala	Immigration Act/ urgent	Interdict deportation	R82 100.49
40	Echozona Lawrence Nnalue	Immigration Act /Urgent	Interdict deportation	R23 015.00
41	Bebeyi Sheye Niyi	Immigration Act /Urgent	Release from detention	R18 050.00
42	Daniel Amelate	Immigration Act/urgent	interdict deportations	R116 700.00
43	Desta Abore	Immigration	Release from detention	R97 490.00
44	Noyonkuru Elie	Immigration Act/urgent	Release from detention	R12 810.00
45	Irutabantu Destiny	Immigration Act/urgent	Release from detention	R12 870.00
	TOTAL			R2 259 328.85
YEAR 2022 LOST MATTERS
1	Genamo Solomon	Immigration Act/Urgent	Release from detention	Awaiting invoice from Justice
2	Claire Breukel and Elisa Sofia Sain Serrano// minister of home affairs and others	Immigration Act/urgent	interdict/ POE	R373 235.00
3	Denise Charlotte Hausermann Gordon-Kind	Immigration Act /prohibition sec 29(2)	prohibition sec 29(2) review	R53 586.89
4	Ziaul Hoque&4 others vs Minister of home affairs and one other	Immigration Act	Setting aside decision on PR applications	R25 200.00
5	Hossan Mohammad Delawar	Immigration Act/refugee Act	Interdict against deportation	Awaiting invoice from Justice
6	Ursula Jenny Dinah Jantjies and Vili Krasimmirov Georgiev	Amendments	Ordering department to amend the details of applicant on Birth register	R53 000.00
	TOTAL			R532 021.89

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

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

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

END

 

Reply:

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

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

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

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

 

END

Reply:

According to information received from Eskom:

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

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

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

According to the information received from Transnet

(a)(i) Ports

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

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

A recovery plan has been implemented and is on track.

(ii)(b) Railroads

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

Remarks: Reply: Approved / Not Approved

Jacky Molisane P J Gordhan, MP

Acting Director-General Minister of Public Enterprises

Date: Date:

Reply:

According to Information Received from Eskom:

(i) and (ii)

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

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

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

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

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

 

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

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

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

 

 

Remarks: Approved / Not Approved

Jacky Molisane Pravin Gordhan, MP

Acting Director-General Minister

Date: Date:

Reply:

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

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

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

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

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

END