Questions and Replies
02 December 2022 - NW4301
Buthelezi, Mr EM to ask the Minister of Public Enterprises pu
With regard to the financial constraints and the operational limitations of Transnet, what sustainable measures will his department implement to commit to the pay increase granted to Transnet’s employees?
Reply:
According to the information received from Transnet
The salary increases will be funded through a combination of cost control measures, improvement of operational performance and the rebasing of tariffs in line with tariff methodology or customer contracts which allow for salary increases as pass-through costs.
Cost control measures have been implemented across the business to preserve cash without limiting expenditure in critical areas of the business.
Improvement in operational performance will be supported by the initiatives that are strategically driven to unlock the current binding constraints i.e., locomotives availability, theft, and vandalism challenges as well as the focus on infrastructure maintenance backlog.
Remarks: Reply: Approved / Not Approved
Jacky Molisane P J Gordhan, MP
Acting Director-General Minister of Public Enterprises
Date: Date:
02 December 2022 - NW4160
Clarke, Ms M to ask the Minister of Health
(1)Regarding the tragic death of 15-year-old Zenizole Vena in Motherwell in Gqeberha (details furnished), what is the normal and/or standard procedure to be followed at a (a) public health facility and/or (b) police station when assisting a rape victim; (2) whether the standard procedures were followed in the specified person’s case; if not, why not; if so, what are the relevant details; (3) whether he has launched an investigation into the case; if not, why not; if so, what are the relevant details?
Reply:
The National Department of Health is still consulting with the Eastern Cape Provincial Department of Health to gather all the information required to respond to this Question. The full response will be furnished to the Honourable Member and Parliament as soon as all details have been received from the Province.
END.
02 December 2022 - NW4308
Boshoff, Dr WJ to ask the Minister of Public Enterprises
What are the relevant details of (a) the total number of hours that the hydroelectric power plants at the (i) Gariep Dam and (ii) Vanderkloof Dam have been running during the period 1 January 2021 up to the latest specified date for which information is available and (b) how much electricity has been generated during the specified period at each of the specified plants?
Reply:
According to information received from Eskom:
See the table below for the requested information.
Period: 1 January 2021 to 20 November 2022 |
||
Station |
a) Operating hours |
(b) Electricity generated (GWh) |
(a)(i) Gariep |
24 724.7 |
2 230.0 |
(a)(ii) Vanderkloof |
15 895.8 |
1 928.7 |
Remarks: Approved / Not Approved
Jacky Molisane Pravin Gordhan, MP
Acting Director-General Minister
Date: Date:
02 December 2022 - NW4315
Buthelezi, Mr EM to ask the Minister of Public Enterprises
Whether, with reference to his department’s Budgetary Review and Recommendations Report which reflected that a number of state-owned enterprises (SOEs) did not submit their financial statements by the prescribed due date, he has found this as being indicative of the specified entities’ decline in quality of service and their performance; if not, what is the position in this regard; if so, what systematic methods will his department provide for monitoring the performance of SOEs, more especially when it comes to their financial statements as per its mandate?
Reply:
The Commission of Inquiry into State Capture Report revealed that boards and senior executives were installed to systematically to collapse governance in Eskom, SAA, Transnet, Denel and Alexkor. According to the Report, Board members and senior executives worked tirelessly to benefit the architects of state capture “by providing long term contracts, increasing scope and budget while completely flouting public procurement prescripts”. The report published by the Commission indicates that “The evidence heard by the Commission revealed quite clearly that part of the reason why some of the state-owned companies have performed as badly as they have and why some rely on Government bail outs year in year out is the calibre of some of the people who are appointed as members of the Boards of these companies or who are their Chief Executive Officers and Chief Financial Officers”. The report unequivocally indicates that good governance was systematically and deliberately collapsed to enable the illegal diversion of resources from SOEs, which affected their financial and operational sustainability. The department and SOEs are working tirelessly to undo the impact of state capture by improving performance and the quality of service, some of which may take years to see the fruits thereof.
It should therefore be noted that the factors that affect the ability of State-Owned Companies (SOC) with the Department of Public Enterprises (DPE) to submit audited Annual Financial Statements (AFS) within the stipulated time are not as a result of decline in quality of service and their performance, but usually beyond the control of either the SOC or DPE. The main driver is going concern which requires funding. Therefore, SOC experiencing liquidity challenges have to develop mitigating factors and demonstrate sources of funding to ensure that they will be able to operate as a going concern over a period of twelve months.
The following have been the circumstances for specific SOCs with plans to remedy the situation:
1. SAA
The airline could not complete the AFS on a going concern basis for the 2017/18 financial year. This resulted in the airline being placed under business rescue from 6 December 2019 to 30 April 2021. The 2017/18 AFS were completed after the entity exited the business rescue. The Auditor-General is currently auditing the 2018/19 to 2021/22 AFS.
2. Denel
Denel continues to face liquidity challenges, which has resulted in the 2020/21 and 2021/22 AFS audits not being finalised. However, Denel has been allocated R3.4 billion to implement its turnaround plan. It has also commenced on disposing off non-core assets. This has enabled it to develop plans to conclude the outstanding audits over the 2022/23 and 2023/24 financial years.
3. Eskom
Eskom experienced delays in publishing the Group's 2022 Annual Financial Statements (AFS) due to the delay in the appointment of the new external auditor. The entity anticipates publishing the AFS not later than 31 December 2022 once the audit is completed.
4. Alexkor
The AGM relating to the 2020/21 financial year was only held in May 2022. As a result, there was a delay in appointing external auditors to audit Annual Financial Statement for the year ended 31 March 2022.
Remarks: Reply: Approved / Not Approved
Jacky Molisane PJ. Gordhan, MP
Acting Director-General Minister
Date: Date:
02 December 2022 - NW3851
Chirwa-Mpungose, Ms NN to ask the Minister of Higher Education, Science and Innovation
What (a) steps has he taken to recoup the R5 billion meant for youth skills development that has allegedly gone missing and (b) plans have been put in place to ensure that negligence and corruption of this nature no longer takes place?
Reply:
There are decisive steps which I took in addressing the detected malfeasance at the NSF. It must however be stated that the R5 billion quantum is not an accurate figure, the correct figure is much lesser than that.
At the time of the Auditor General of South Africa (AGSA) indicating that the AGSA audit process could not conclusively report on the NSF funded projects amounting to about R2.5 billion, I immediately placed the then Director-General and the Chief Executive Officer on precautionary suspensions.
Further to that I commissioned a forensic investigation on the financial affairs of the NSF to which NEXUS FORENSIC SERVICES was tasked.
The forensic report has since been received studied and presented to SCOPA and the Parliamentary Portfolio Committee of Higher Education Science (PCHESI) and Innovation.
Critical consequence management action taken since the release of the report are:
1. DHET assisted by the State Attorney office has issued further precautionary suspension letters to internal official implicated by the forensic report with the intention of taking disciplinary actions.
2. A case of criminal investigation, as recommended in the forensic report has been opened with the South African Police Services.
3. Further to these interventions, and for the purpose of recouping the NSF funds from ill-gain, the Special Investigative Unit (SIU) has been brought on board. The results thereof will be civil action claims against all parties who corruptly benefitted from the NSF skills development funding system.
The forensic investigation, much as the AGSA also did point out, exposed the soft underbelly of the NSF business operating systems which may have contributed vastly to opportunistic malfeasance conducts.
I have since commissioned a Ministerial Task Team (MTT) to look at the reconfiguration of the NSF business operating model so that it becomes an effective, efficient, and economically efficient skills development entity.
The MTT has completed its task and has submitted a report to which the Director General of the DHET has been tasked to complete the processes of implementing the report by 31 July 2023. The report has been presented to PCHESI.
02 December 2022 - NW4379
Essack, Mr F to ask the Minister of Public Enterprises
With most renewable energy projects that are currently under development across the Republic located far from Eskom’s major transmission network, what (a) steps has Eskom taken to ensure that it will have the requisite transmission infrastructure in place when renewable energy projects start generating power and (b) is the current state of Eskom’s transmission expansion projects to date?
Reply:
According to Information Received from Eskom:
a) The Transmission Development Plan (TDP 2022) identified the new infrastructure required to implement the Integrated Resource Plan (IRP) 2019 and Eskom’s 2035 Corporate Strategy. However, it takes time to establish new transmission infrastructure (especially the building of long lines and substations), mainly due to servitude acquisitions and constructability challenges. Eskom is aware of these challenges and is making every effort to expedite the build programme by engaging key government and private stakeholders.
In the interim, Transmission has taken the following steps to assist Independent Power Producers (IPPs) and expedite the TDP implementation programme:
1. The Grid Connection Capacity Assessment (GCAC 2024) document on Eskom’s website provides an indication of available network capacity elsewhere on the system that could be considered for integration of renewable energy (RE) projects.
While network capacity may be limited/restricted in the broader Cape areas, there is available capacity inland, for example, Free State, North-West, Mpumalanga, and Limpopo provinces, that can be considered for the integration of future RE IPPs.
2. Transmission is currently taking measures to “fast-track” projects across the network, especially in areas with interest and potential to integrate RE resources. These include the following:
2.1 A Programme Management Office (PMO) has been established that tracks, monitors, and reports on the deliverables from the various work streams.
a) There is positive movement in the engagements with DPE/DPWI to address servitude challenges by implementing expropriation with compensation at market value. Steps are in place to expedite the process going forward.
b) Engagements with the dtic/NT to address opportunities for localisation and in cases of challenges with the local manufacturing and industry capacity, for example, for large transformers, exemptions are being considered to source from international suppliers.
c) Engagements with industry associations, for example, The Powerline Association of South Africa (POLASA) and the Steel Manufacturers Association (SMA), to increase preparation capacity to meet the TDP build requirements,
d) The majority of the capital expenditure for the first five years of the TDP was secured from Corporate Finance
e) Supplier engagement forums were held with industry participants to share the transmission build programme.
2.2 The TDP prioritised list of projects has been escalated to the PICC and SIP10 as critical infrastructure requirements for the country.
2.3 Ongoing and close working relationships with the DFFE to expedite the Environmental Impact Assessments (EIA) processes.
2.4 Ongoing discussions with DMRE/IPPO on the transmission network requirements to meet the RE procurement programmes.
2.5 Transmission is represented on the Electricity Crisis Committee (Natjoints Stream1) that was recently established to address Transmission grid strengthening challenges.
2.6 Finalising the Owner’s Engineer (OE) and EPC (turnkey) strategy to leverage our in-house capability to expedite the TDP roll-out programme.
(b) Eskom is placing a strong focus on the implementation of projects over the next five years. The analysis carried out reflects a requirement of approximately 2 890 km of extra high voltage lines and 60 transformers, requiring a capital investment of approximately R51 billion by FY2027. This requires that some challenges beyond Eskom’s full control, such as the lead time to obtain servitudes, among other relevant authorisations, and the country’s resource capacity be urgently addressed.
As at the end of October 2022, the total portfolio of Transmission’s expansion projects equated to 224 and is summarised as follows:
- There are 45 projects in the execution phase that are under construction.
- There are 56 projects in the definition phase that are finalising servitude acquisitions and detail engineering designs before achieving execution release approval.
- There are 123 projects in the pre- and concept phases, that are projects in the early stages of development requiring EIA and conceptual level designs.
Remarks: Approved / Not Approved
Jacky Molisane Pravin Gordhan, MP
Acting Director-General Minister
Date: Date:
02 December 2022 - NW4302
Cachalia, Mr G K to ask the Minister of Public Enterprises
What are the relevant details of the much-needed repairs and maintenance to its existing fleet that Eskom will (a) make in the short term and (b) not be able to make due to financial constraints to secure a stable baseload generation?
Reply:
According to Information Received from Eskom:
a) Generation’s power plant units are required to undergo maintenance outages periodically to prevent future failures, address load losses, meet statutory requirements, and fix broken equipment.
The table below summarises the projected outages over the next five years in accordance with the capacity plan published in October 2022 and the plant maintenance philosophies of the stations.
FY of outage start and type of outage (count) |
|||||
Type of outage |
FY23 |
FY24 |
FY25 |
FY26 |
FY27 |
General Overhaul (GO) |
15 |
12 |
12 |
6 |
13 |
Minor Overhaul (MO) |
18 |
14 |
12 |
7 |
5 |
Interim Repairs (IR) |
16 |
14 |
15 |
18 |
13 |
Inspections (IN) |
16 |
11 |
20 |
9 |
12 |
TOTAL |
65 |
51 |
59 |
40 |
43 |
b) The required outage budget for the next five years, FY2023 to FY2024, was R46 713 billion, compared to an affordability cap of R41, 800 billion (what Eskom could afford), resulting in an R4,913 billion financial constraint. Since then, the Chief Financial Officer has raised the affordability level to R44, 700 billion, reducing the gap to R2, 013 billion.
Eskom is working hard to stay within this restriction; but there are risks presented by this funding plan that may result in plant reliability challenges if all maintenance scopes are not completed. In addition, it does not allow for any scope variations in case of additional maintenance requirements discovered during outages.
Remarks: Approved / Not Approved
Jacky Molisane Pravin Gordhan, MP
Acting Director-General Minister
Date: Date:
02 December 2022 - NW4373
Hicklin, Ms MB to ask the Minister of Public Enterprises
What (a) are the reasons that Eskom refuses to replace the transformers in informal areas in Ward 78, Ivory Park, notably in Extension 5 through to 13, and (b) of (i) households are affected by the transformers in Ward 78 and (ii) legally connected paying customers have been inconvenienced by the disconnection of power by both Eskom and City Power that has hampered service delivery?
Reply:
According to information received from Eskom:
a) Eskom is experiencing a very high number of incidents of illegal connections, meter bypassing and tampering, unauthorised operations on the network, infrastructure vandalism and theft, and the non-payment and non-purchasing of electricity tokens. This number is constantly on the rise. Over the years, Eskom repeatedly replaced and repaired failed equipment without holding customers accountable, even when the failure was because of illegal electricity activities. Eskom has since implemented stringent control measures, as it is financially unsustainable for Eskom to replace this equipment continuously, especially without any return on investment. The debt levels, however, continue to grow, and the operational costs, on the other hand, also keep accelerating exponentially, while the business takes further financial strain as Eskom has to keep repairing, refurbishing, or replacing infrastructure that breaks or is frequently vandalised. Eskom has also reinstated the Deferred Payment Arrangement (DPA) to accommodate customers who cannot immediately settle the R6 052,60 remedial fee for tampering with Eskom infrastructure, to allow those customers to pay the balance over a maximum period of six months.
Sixty per cent of customers who have been issued with remedial charge sheets must have made the upfront payment of R500 before supply can be restored. The 60% threshold is aimed at ensuring that most customers honour the payment to avoid repeated equipment failure.
It should also be noted that in Ivory Park there are a number of customers have illegally connected transformers to the Eskom network and are refusing Eskom entry into the area to remove these illegally connected transformers. Out of 158 failed transformers, Eskom has replaced 107 and is in the process of replacing the remaining 51. With that said, Eskom is not refusing to replace the failed transformers in Ivory Park, but merely following the equipment replacement process it has implemented for the reasons mentioned above.
(b)(i) The Eskom network is not configured according to wards. Therefore, Eskom is unable to provide the customer base according to wards. However, Eskom has a total of 24 446 customers in Ivory Park, of whom 12 001 are zero buyers (prepaid customers). This means that 49% of customers in Ivory Park are not buying electricity from registered electricity vendors.
(b)(ii)The frequent equipment failures unfortunately inconvenience law-abiding and paying customers of electricity in these areas, while costing Eskom billions of rands in damaged infrastructure and lost sales. Furthermore, to try and protect the customers who are paying for electricity, Eskom has tightened its existing measures, such as audits, maintenance, education and awareness campaigns, to avert failures that lead to unplanned and extended outages and also to influence and change the culture of non-payment and non-purchasing of electricity tokens.
Over and above trying to prevent inconveniencing paying customers, these control measures are also aimed at combating illegal connections, meter bypassing and tampering operations on the Eskom network, infrastructure theft and vandalism and other electricity-related crimes.
Remarks: Approved / Not Approved
Jacky Molisane P J Gordhan, MP
Acting Director-General Minister
Date: Date:
02 December 2022 - NW4321
Msimang, Prof CT to ask the Minister of Mineral Resources and Energy
Considering that his department spent R500 000 on a report that recommended that the national nuclear regulator be removed from his department and placed within the former department of environmental affairs, and noting the significant amount spent on the specified report and its findings, (a) what are the reasons that the nuclear regulator remains within his department and (b) by what date will it be (i) moved to the Department of Forestry, Fisheries and the Environment and/or (ii) constituted as an independent agency within the Government?
Reply:
The National Nuclear Regulator (NNR) was established as an independent Regulator through the National Nuclear Regulator Act 47 of 1999 (the NNR Act). This had evolved from Council for Nuclear Safety (CNS) that was housed within the then Atomic Energy Corporation (AEC), currently the South African Nuclear Energy Corporation (Necsa). The NNR plays a central role in ensuring safety in the use and handling of most “radioactive materials”, as defined in the NNR Act. In terms of section 8(1) of the NNR Act, the NNR is “governed and controlled” by its Board. The powers of the Board are extensive and it is placed at the centre of the most important decision-making functions of the NNR; and must direct and control the functions and operations of the NNR.
a) Following the International Atomic Energy Agency’s Integrated Nuclear Infrastructure Review Mission in South Africa, the then Department of Energy undertook a process of reviewing its legislative framework to strengthen the effective independence of the Regulatory body. In October 2013, the Department commissioned a Feasibility Study at an estimated cost of about R500000 to be in a position to identify and establish where appropriate the following aspects:
- Legislation to ensure the effective independence of the National Nuclear Regulator (“NNR”) by ascertaining the best practice (through benchmarking) in enhancing the effective independence.
- The appropriate body in Government to which the NNR should be reporting; and
- The impact of moving the NNR to such a body.
The Feasibility Study indicated that thirty-one (31) countries operating nuclear power stations and international trends reveal that these countries’ nuclear safety regulators can be an integral part of the State’s governmental bureaucracy or in contrast, can be totally independent. These countries address the “effective independence” of their nuclear safety regulators taking into account the nuclear safety regulator’s Administrative Reporting Mechanisms, Funding Model and Regulatory Enforcement Measure. Taking these factors into account, proposed amendments to the NNR Act were considered prudent, noting the uniqueness of the nuclear industry, and required capacity within the appropriate Department.
(b)
(i) There is no date for any movement. The issue of effective independence of the regulator is being addressed through the strengthening of the statutory framework to ensure that the decisions of the NNR remain independent, given the existing reporting lines of the regulator. The NNR thus remains effectively independent and the perception that is not is unfounded.
(ii) Further amendments to the NNR Act have been proposed, amongst others, to strengthen the independence of the NNR, in particular removing any internal appeal to the Minister of Mineral Resources and Energy on decisions of the NNR. These amendments will be facilitated through the legislative process.
02 December 2022 - NW4149
Van Staden, Mr PA to ask the Minister of Health
Whether new units have been set up in the Bela-Bela Public Hospital in Limpopo; if not, (a) why not and (b) what are the reasons that the new intensive care unit is not equipped with sufficient staff for the specified unit to be fully functional; if so, are the new units operational?
Reply:
(a) The Limpopo Provincial Department of Health has confirmed that there was no new ICU that was recently constructed for the Bela Bela hospital because the existing ICU is still in good condition.
(b) The existing intensive care unit is fully functional.
END.
01 December 2022 - NW3976
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
With reference to his recent report to the Portfolio Committee on Justice and Correctional Services that the Specialised Commercial Crime Unit (SCCU) finalised 380 cases with 344 convictions, translating to a conviction rate of 90,5%, what (a) total number of the 380 cases were dealt with by each SCCU unit, (b) were the charges in each specific case, including the quantum, (c) was the identity of the accused in each of the 380 cases, (d) was the specific sentence of each accused in respect of convictions and (e) was the date of (i) enrolment and (ii) finalisation of each case?
Reply:
a) The finalised cases reported by the National Prosecuting Authority (NPA) include cases disposed-of within the dedicated commercial crimes courts as well as those finalised by the prosecutors of the Specialised Commercial Crimes Unit (SCCU) in other courts, as the NPA measures the performance of the Unit rather than the dedicated courts.
The NPA, in collaboration with the Department of Justice and Constitutional Development (DoJ&CD) and the Judiciary, established various new dedicated commercial crime courts within the Limpopo, Mpumalanga, North-West and Northern Cape Divisions to ensure that each province has at least one dedicated commercial crimes court. the work of the SCCU) within the NPA as well as the dedicated courts are closely monitored and part of agenda points not only within the different management structures of the NPA but also in the other departments. Collaboration is also done in the National Serious Commercial Crimes Steering Committee where all stakeholders participate in improving the conditions and expansion of the dedicated commercial crimes courts.
The table below provides details on the total number of cases dealt with by each Special Commercial Crimes Unit:
NEW DIVISION |
NO. OF SCCU CONVISTIONS |
Bloemfontein |
10 |
Cape Town |
33 |
Durban |
47 |
ECD |
39 |
Mmabatho |
6 |
Mpumalanga |
9 |
Mthatha |
41 |
Pretoria |
61 |
SCCU Johannesburg |
89 |
SCCU Polokwane |
9 |
Grand Total |
344 |
b) The charges in each case from which the convictions were obtained is attached as Annexure “A”, and it also includes information relating to questions (c), (d) and (e). The data requested is kept manually and the information available, mostly from the dedicated commercial crime courts, has been extracted from the manual registers. The information relating to the quantum is not always included, neither manually or electronically, as it often creates ambiguity when an amount is indicated but in various instances the amount is indicative only of potential value and not actual prejudice sustained. It is also important to note that new selection criteria to adopt cases within the SCCU no longer focus on the quantum of cases but rather the intricacy of cases, national and international priority as well as other complexity- related criteria.
END
01 December 2022 - NW4437
Ceza, Mr K to ask the Minister of Agriculture, Land Reform and Rural Development
What measures of intervention has she taken with regard to managing the dispute that emanated from claims of the Qwabe clan lands by the Cele clan in Mthandeni to guard against possible spilling of blood in that area?
Reply:
The Cele Community lodged a land claim with the Commission on Restitution of Land Rights during the first window period to lodge land claims and the said claim was settled by the Commission in 2013 through land restoration. The land that has been restored to the Cele Community is as follows:
NO. |
Property Description |
Extent |
Date of Registration |
1 |
Ptn 7 of the Farm Lucasdale No 15690 |
50,0000 |
06 Jan 2010 |
2 |
Ptn 8 of the Farm Lucasdale No 15690 |
32.5573 |
10 Jul 2008 |
3 |
Farm Glendale C No 16996 |
183.8379 |
O6 August 2010 |
4 |
Remainder of the Farm Langespruit No 1180 |
1445.9431 |
10 Jul 2008 |
5 |
Remainder of Ptn 1 of the Farm Waterbosch No 1276 |
162.0266 |
10 Jul 2008 |
6 |
Remainder of Ptn 7 of the Farm Waterbosch No 1276 |
11.1288 |
26 Jul 2008 |
7 |
Portion 29 of the Farm Waterbosch No 1276 |
12.1406 |
25 Jul 2008 |
8 |
Portion 28 of the Farm Waterbosch No 1276 |
8.0937 |
08 Jan 2010 |
9 |
Portion 51 of the Farm Waterbosch No 1276 |
2.7236 |
10 Jul 2008 |
10 |
Portion 62 of the Farm Waterbosch No 1276 |
11.1288 |
04 Nov 2010 |
11 |
Remainder of the Farm Mount Albert No 3175 |
45.5308 |
10 Jul 2010 |
12 |
Portion 2 of the Farm Mount Albert No 3175 |
55.9723 |
10 Jul 2008 |
13 |
Portion 1 of the Farm Lot H No 3637 |
5414SQM |
22 Aug 2008 |
14 |
Portion 2 of the Farm Lot H No 3637 |
2.9289 |
22 Aug 2008 |
15 |
Remainder of the Farm Taurus No 3841 |
188.7225 |
10 Jul 2008 |
16 |
Portion 5 of the Farm Taurus No 3841 |
4.0469 |
10 Jul 2008 |
17 |
Portion 9 of the Farm Hlangwini No 3868 |
12.1167 |
26 Jul 2008 |
18 |
Portion 15 of the Farm Hlangwini No 3868 |
20.2088 |
25 Jul 2008 |
19 |
Portion 27 of the Farm Hlangwini No 3868 |
8.0937 |
26 Jul 2008 |
20 |
Portion 29 of the Farm Hlangwini No 3868 |
4.0469 |
26 Jul 2008 |
21 |
Remainder of the Farm Rankin No 6543 |
37.4473 |
26 Jul 2008 |
22 |
Portion 9 of the Farm Hlangwini No 3868 |
10.1172 |
26 Jul 2008 |
23 |
Portion 10 of the Farm Hlangwini 3868 |
10.1172 |
26 Jul 2008 |
24 |
Remainder of Ptn 1 of the Farm Badulsdale No 13004 |
65.1878 |
|
25 |
Portion 26 of the Farm Badulsdale No 13004 |
20.2621 |
25 Jul 2008 |
26 |
Portion 17 of the Farm Hlangwini No 3868 |
6.0708 |
26 Jul 2008 |
27 |
Portion 12 of the Farm Hlangwini No 3868 |
117,3589 |
10 Jul 2008 |
28 |
Portion 16 of the Farm Hlangwini No 3868 |
20.2343 |
26 Jul 2008 |
29 |
Portion 27 of the Farm Hlangwini No 3868 |
4.0469 |
26 Jul 2008 |
30 |
Portion 28 of the Farm Badulsdale No 13004 |
16.1874 |
25 Jul 2008 |
31 |
Portion 17 of the Farm Badulsdale No 14004 |
10.1172 |
10 Sep 2008 |
32 |
Portion 6 of the Farm Badulsdale No 13004 |
81.0368 |
|
33 |
Portion 9 of the Farm Hlangwini No 3868 |
10.1172 |
26 Jul 2008 |
34 |
Portion 4 of the Farm Hlangwini No 3868 |
4.0469 |
29 Jul 2009 |
35 |
Portion 5 of the Farm ramsdale No 14536 |
20.2343 |
24 Jun 2011 |
36 |
Portion 11 of the Farm Langesboskop 15375 |
212.8510 |
04 Nov 2010 |
37 |
Portion 12 of the Farm Hlangwini No 3868 |
212.8214 |
04 Nov 2010 |
38 |
Portion 26 of the Farm Langesboskop No 15375 |
209.2871 |
04 Nov 2011 |
39 |
Portion 32 of the Farm Langesboskop No 15375 |
65.5670 |
04 Nov 2011 |
40 |
Portion 26 of the Farm Badulsdale No 13004 |
20.2621 |
25 Jul 2008 |
41 |
Portion 16 of the Farm Hlangwini No 3868 |
20.2103 |
|
42 |
Portion 1 of the Farm Badulsdale No 13004 |
65.1878 |
|
43 |
The Farm Glendale E No 17136 |
1019.1906 |
06 Aug 2010 |
44 |
The Farm Glendale F No 17137 |
456.8980 |
06 Aug 2010 |
45 |
Portion 12 of the Farm Waterbosch No 1276 |
12.1406 |
25 Nov 2011 |
46 |
Remainder of Portion 16 of the Farm Waterbosch No 1276 |
11.3312 |
25 Nov 2011 |
47 |
Portion 23 of the Farm Waterbosch No 1276 |
50.5868 |
14 Oct 2011 |
46 |
Portion 35 of the Farm Waterbosch No 1276 |
10.1172 |
04 Noember 2010 |
47 |
Portion 43 of the Farm Waterbosch No 1276 |
8094SQM |
29 Jul 2009 |
48 |
Portion 4 of the Farm Waterbosch No 3772 |
7.6336 |
19 Aug 2013 |
49 |
Portion 5 of the Farm Linden No 3772 |
5.2676 |
10 Sep 2008 |
|
|
|
|
50 |
Remainder of Portion 2 of the Farm Hlangwini No 3868 |
5.0111 |
29 Jul 2009 |
51 |
Portion 5 of the Farm Hlangwini No 3868 |
9.1599 |
29 Jul 2009 |
52 |
Portion 6 of the Farm Hlangwini No 3868 |
35.2008 |
10 Sep 2008 |
53 |
Portion 10 of the Farm Hlangwini 3868 |
10.1172 |
26 Jul 2008 |
54 |
Portion 12 of the Farm Hlangwini No 3868 |
10.1174 |
10 Sep 2008 |
55 |
Portion 17 of the Farm Badulsdale No 14004 |
10.1172 |
20 Sep 2008 |
56 |
Portion 3 of the Farm Ramsdale No 14536 |
4.0469 |
29 Jul 2009 |
57 |
Portion 1 of the Farm Rankin No 6543 |
23.7396 |
22 Aug 2008 |
56 |
Portion 2 of the Farm Rankin No 6543 |
21.3522 |
22 Aug 2008 |
57 |
Rem of the Farm Badulsdale No 13004 |
107.0744 |
26 Jul 2008 |
58 |
Portion 4 of the Farm Badulsdale No 13004 |
56.4917 |
26 Jul 2008 |
59 |
Portion 7 of the Farm Badulsdale No 13004 |
6.0703 |
06 Dec 2010 |
60 |
Portion 8 of the Farm Badulsdale No 13004 |
6.0703 |
06 Dec 2010 |
61 |
Portion 9 of the farm Badulsdale No 13004 |
6.0702 |
06 Dec 2010 |
62 |
Portion 10 of the Farm Badulsdale No 13004 |
6.0704 |
06 Dec 2010 |
63 |
Rem of Portion 16 of the Farm Badulsdale No 13004 |
20.2343 |
26 Jul 2008 |
64 |
Portion 27 of the Farm Badulsdale No 13004 |
4.0469 |
26 Jul 2008 |
65 |
Portion 1 of the Farm Kundale No 14535 |
18.4981 |
26 Jul 2008 |
66 |
Portion 13 of the Farm Langesboskop No 15375 |
514..8282 |
06 Dec 2010 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
67 |
Portion 14 of the Farm Langesboskop No 15375 |
191.5772 |
29 Oct 2010 |
68 |
Portion 16 of the Farm Langesboskop No 15375 |
196.0397 |
29 Oct 2010 |
69 |
Portion 4 of the Farm Lucasdale No 15690 |
25.7175 |
10 Jul 2008 |
Similarly, the Qwabe Community lodged their land claim during the first window period of lodging land claims, but this claim has not yet been settled by the Commission. The properties that are the subject of the Qwabe land claim are as follows:
Number |
Property |
Number |
1 |
Waterfall |
1205 |
2 |
Glen Aryil |
909 |
3 |
Lalucia |
14634 |
4 |
Compensation |
868 |
5 |
Lot |
56931 |
6 |
La Mercy |
15124 |
7 |
Doornkloof |
1399 |
8 |
Hlangwini |
3568 |
9 |
Badulsdale |
13004 |
10 |
Hlanzane |
3842 |
11 |
Licksdale |
1180 |
12 |
Taurus |
697 |
13 |
Grafton |
2229 |
14 |
Hlanzane |
3842 |
.
A comparative analysis of the properties that have been restored to Cele Community versus those that have been claimed by the Qwabe Community will reveal that there is no competition between the properties claimed by either of the two communities.
Finally, it is important to note that the restitution process deals with the restoration of land rights to individuals or communities who were dispossessed of their land rights after 19 June 1913, but does not extend to settling disputes regarding traditional boundaries of communities, which is what the dispute between the Qwabe Community and Cele Community may be about. The dispute about the jurisdictional boundaries must be referred to COGTA for resolution.
END
01 December 2022 - NW4340
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
What is the extent of land owned by (a) her department and (b) entities reporting to her that (i) has exclusive rights and (ii) lease from the other state departments to (aa) use and (bb) occupy the land?
Reply:
a) The extent of land owned by the Department of agriculture Land Reform and Rural Development (DALRRD) is 17 293 976 hectares.
b) The entity reporting to the Department of agriculture Land Reform and Rural Development (DALRRD) in terms of the PFMA listing is the KwaZulu-Natal Ingonyama Trust Board, which owns no land, since the land vests in the Ingonyama as Trustee of Ingonyama Trust however, the Agricultural Research Council (ARC) owns 14 739.65064 hectares, while Onderstepoort Biological Products (OBP) has approximately 43 hectares.
(i), (ii)(aa)(bb) Falls Away.
01 December 2022 - NW3682
Tito, Ms LF to ask the Minister of Agriculture, Land Reform and Rural Development
Noting how communal property associations are not regulated to an extent that they abuse the elderly beneficiaries out from an otherwise well-meaning restitution programme, what measures has she taken to extend the powers of her department, so as to deal with the office bearers of communal property associations who fleece the beneficiaries?
Reply:
Section 11 of the Communal Property Association Act 28 of 1996 provides for:
“An association or provisional association registered under this Act shall, at the prescribed times, furnish prescribed documents and information to the Director-General in order to enable him or her to monitor compliance with the provisions of the relevant constitution and this Act”.
The Director-General may undertake an inspection of the affairs of an association or provisional association. The Director General may; for the purposes of this ‘section-
- inspect and remove for copying any records, reports and other documents relating to the affairs of an association or provisional association; and
- subpoena persons who may have relevant information or documentation in respect of the affairs of an association or provisional association to appear before him or her to provide information or documentation in relation to the affairs of the association or provisional association, if the attendance of such persons cannot reasonably be procured otherwise.”
01 December 2022 - NW4367
Kruger, Mr HC to ask the Minister of Small Business Development
Whether her department has signed memoranda of understanding and/or transversal agreements with any other departments; if not, what is the position in this regard; if so, what are the relevant details?”
Reply:
The Department of Small Business Development (DSBD) has signed Memoranda of Understanding (MoU’s) and/or transversal agreements with several departments and various agencies. The following table provides the details of the agreements signed with departments:
MEMORANDUM OF AGREEMENT |
||
No. |
Institutions |
Detail of the agreement |
1. |
DSBD and the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (KZN EDTEA) |
The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that red tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired social outcomes. 1. DSBD work in a clear and disciplined relationship on Red Tape Reduction/Ease of doing Business between the DSBD and the KwaZulu-Natal Provincial Departments. 2. DSBD has developed a province specific Programmes of Action, addressing Capacity Building and other mechanisms, over a three-year cycle to provide this disciplined relations and collaborative action to reduce Red Tape and unleash the potential small businesses in this province. 3. The Programme of Action developed for the province is aligned with government’s “One Plan” district and metro model and finds expression in both the DSBD’s as well as the provincial partners’ Annual Performance Plans (APPs). This integrated planning, standardisation and alignment of indicators involves all relevant provincial and local government officials, including Provincial COGTA, in its execution. 4. This is a journey that provinces cannot take alone, EDTEA, COGTA, SALGA, OTP are integral partners to the process. 5. A separate TOR for the relationship governing the collaboration between Provincial EDTEA, COGTA, SALGA, OTP and in some instances also Provincial Treasuries are also required internally. Geographical reach: Kwa-Zulu Natal province. |
2. |
Limpopo Department of Economic Development, Environment and Tourism (LEDET) |
The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that red tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer, effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired social outcomes. 1. DSBD work in a clear and disciplined relationship on Red Tape Reduction/Ease of doing Business between the DSBD and the KwaZulu-Natal Provincial Departments. 2. DSBD has developed a province specific Programmes of Action, addressing Capacity Building and other mechanisms, over a three-year cycle to provide this disciplined relations and collaborative action to reduce Red Tape and unleash the potential small businesses in this province. 3. The Programme of Action developed for the province is aligned with government’s “One Plan” district and metro model and finds expression in both the DSBD’s as well as the provincial partners’ Annual Performance Plans (APPs). This integrated planning, standardisation and alignment of indicators involves all relevant provincial and local government officials, including Provincial COGTA, in its execution. 4. This is a journey that provinces cannot take alone, EDTEA, COGTA, SALGA, OTP are integral partners to the process. 5. A separate TOR for the relationship governing the collaboration between Provincial EDTEA, COGTA, SALGA, OTP and in some instances also Provincial Treasuries are also required internally. Geographical reach: Limpopo Province. |
3. |
Northern Cape Department of Economic Development and Tourism (NCDEDT) |
The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that Red Tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer, effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired socio-economic outcomes hampering investment and transformation of local economies. 1. DSBD work in a clear and disciplined relationship on Red Tape Reduction/Ease of doing Business between the DSBD and the KwaZulu-Natal Provincial Departments. 2. DSBD has developed a province specific Programmes of Action, addressing Capacity Building and other mechanisms, over a three-year cycle to provide this disciplined relations and collaborative action to reduce Red Tape and unleash the potential small businesses in this province. 3. The Programme of Action developed for the province is aligned with government’s “One Plan” district and metro model and finds expression in both the DSBD’s as well as the provincial partners’ Annual Performance Plans (APPs). This integrated planning, standardisation and alignment of indicators involves all relevant provincial and local government officials, including Provincial COGTA, in its execution. 4. This is a journey that provinces cannot take alone, EDTEA, COGTA, SALGA, OTP are integral partners to the process. 5. A separate TOR for the relationship governing the collaboration between Provincial EDTEA, COGTA, SALGA, OTP and in some instances also Provincial Treasuries are also required internally. Geographical reach: Northern Cape |
4. |
Eastern Cape Rural Development Agency (ECRDA) |
Areas of collaboration
Geographic reach: Eastern Cape province. |
5. |
Department of Forestry, Fisheries and Environment |
Areas of collaboration: Facilitate participation of SMMEs and Co-operatives within business value chains, especially those owned by women, youth and persons with disabilities within the following areas: • Biodiversity Economy - wildlife, bioprospecting / biotrade, and ecotourism sectors, • Chemicals and Waste Economy — Recycling Enterprise Support Programme (RESP); Refrigeration and air-conditioners (RAC) Programme; • Green Economy (Climate Change & Air Quality); • Forestry Masterplan; • Fisheries Management (small scale fisheries and aquaculture as a sub sector of the Oceans Economy); • Invasive Alien Plant and bush encroachment Biomass Economy (Environmental Programmes); and • Environmental Protection and Infrastructure sector (Environmental Programmes). • In line with the joint work plan, the two parties agreed to provide capacity building, skills development, production support, incubation, enterprise development, mentorship and training of SMMEs and Co-operatives sharing and securing resources (financial and non-financial resources), both parties further agreed to implement programmes nationally. Geographical reach: National level. |
6. |
Department of Cooperative Governance (DCoG) |
This MOU formalises the intentions of both parties to work together in strengthening democratic and developmental local government, as well as promoting more effective, efficient and responsive local governance in South Africa and within Southern Africa, as determined by the Parties. The Parties undertake to cooperate with each other in the following broad areas: • Implementing the Cooperatives Support Development Programme through both DSBD and its agencies and further facilitate the establishment of sustainable cooperatives within viable economic conditions. • Position cooperatives for radical economic transformation to facilitate active participation of cooperatives in mainstream economy; and facilitate access to funding and markets to identified cooperatives. • Adequately invest on Local Economic Development at provincial and municipal levels to facilitate inclusion of Cooperatives Development Programmes in IDP’s, LED strategies and support at those levels; Central to this approach includes interventions like Assert Based Community Development, the NDP, Land reform policies, Integrated Develop Plans of municipalities; as well as the alignment of programmes and budgets of a number of various projects and spheres of government coordinated at Local Government level; Implement capacity enhancement and development programmes targeting LED Practitioners and Portfolio Committees in order to adequately support. Geographic reach: MoU is pitched at National level but will be implemented both provincial and local levels piloting the arrangement in KZN. |
7. |
Eastern Cape Province Department of Economic Development, Environmental Affairs and Tourism (DEDEAT) |
Areas of collaboration The two departments undertake to collaborate in the areas of Red Tape Reduction with regard to small business cooperative development with focus on providing support to implementation of remedial actions to reduce time and costs of existing procedures and processes making them less complex and more cost and time efficient. The agreement will also cover the following: • Informal Economy interventions • Cooperative development • Sector specific interventions • Innovation and digitization and • Co-funding of projects Geographic reach: The agreement will be implemented at a provincial level to support local initiatives within the jurisdiction of the Eastern Cape. |
8. |
Department of Economic Development – Western Cape |
The MoU integrates the work of Seda that was part of the initial arrangement with the Western Cape |
9. |
Department of Agriculture, Land Reform and Rural Development |
Effective implementation of the Ecosystem Development for Small Enterprises (EDSE) Programme |
STELLA NDABENI-ABRAHAMS
MINISTER: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT
01 December 2022 - NW4518
Hicklin, Ms MB to ask the Minister of Public Works and Infrastructure
Whether the Expanded Public Works Programme has recorded any cases of sexual harassment against participants in the past five years; if not, what is the position in this regard; if so, what (a) are the relevant details and (b) actions have been taken against the perpetrators?
Reply:
The Minister of Public Works and Infrastructure
a) I have been informed that from the records and to the best of our knowledge, in the last five years, the Department of Public Works and Infrastructure is aware of one case of alleged sexual harassment against some of its participants.
The case was reported in August 2018 and involved female participants who were part of the Thaba Tshwane project that was implemented by the Department of Public Works and Infrastructure.
It was alleged that the participants were being harassed by employees of the contractor on site.
No other cases of have been reported to the Department of Public Works and Infrastructure from programme implementers.
It is expected that any cases of sexual harassment should be dealt with in terms of existing laws by the project implementers.
b) In the instance of the reported case, a letter was written to the contractor on the project informing them about the allegations in order to ensure that this was dealt with on site in terms of taking action against the perpetrators.
In terms of the existing institutional arrangements for the EPWP, any transgression happening at an implementation level should be dealt with at an operational levels by public bodies implementing EPWP Projects.
It should be noted that the rights against sexual harassment in the workplace are set out in the Labour Relations Act and Employment Equity Act. A Code of Good Practice on the Handling of Sexual Harassment Cases has been issued by the Department of Employment and Labour. In this Code, employers are encouraged to develop and implement policies on sexual harassment.
01 December 2022 - NW4578
Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development
What is the total number of women who have benefited from land reform programmes in each (a) province and (b) of the past three financial years?
Reply:
(a), (b) The Department of Agriculture, Land Reform and Rural Development (DALRRD) in line with the Beneficiary Selection and Land Allocation Policy, allocated farms to 80 women amounting to 76 536 hectares in each province for the past three financial years. 10 052 female headed households benefited through the Restitution programme. Details for allocation per province are outlined in the tables below:
Redistribution:
Province |
Hectares allocated to Females |
Number of Females Allocated the Land |
Eastern Cape |
81 |
2 |
Free State |
5,273 |
7 |
Gauteng |
1,416 |
5 |
Kwazulu-Natal |
5,921 |
14 |
Limpopo |
5,043 |
5 |
Mpumalanga |
2,227 |
9 |
North West |
8,145 |
11 |
Northern Cape |
40,913 |
13 |
Western Cape |
7,517 |
14 |
Grand Total |
76,536 |
80 |
Restitution:
Province |
Female Headed Households |
Eastern Cape |
2 520 |
Free State |
137 |
Gauteng |
1 574 |
Kwazulu-Natal |
2 245 |
Limpopo |
2 194 |
Mpumalanga |
1 014 |
Northern Cape |
108 |
North West |
74 |
Western Cape |
186 |
TOTAL |
10 052 |
01 December 2022 - NW4025
Graham-Maré, Ms SJ to ask the Minister of Public Works and Infrastructure
(1)What total number of generators were bought for official Ministerial homes; (2) whether each house was equipped with a generator; if not, what are the relevant details of how the generators were allocated to each (a) Minister and/or (b) Deputy Minister who benefited from the specified purchase; if so, what are the relevant details of which (a) Minister and/or (b) Deputy Minister derived this benefit; (3) whether any new generators have been purchased and/or installed since 1 July 2022; if not, why not; if so, what (a) are the relevant details and (b) total amount has been spent on diesel to run the generators since 1 July 2022?
Reply:
The Minister of Public Works and Infrastructure:
1. I have been informed that the total number of generators that were replaced due to redundancy for official Ministerial residences is 13.
2. Not all houses were equipped with generators:
a) The generators were replaced due to redundancy and was also too costly to maintain.
b) The generators were replaced due to redundancy and was also too costly to maintain.
3.a) 1 (one) generator has been procured and was installed on the 09 November 2022, and 3 (three) are still in the procurement stage.
b) The total amount of diesel spent is R784 135.00
01 December 2022 - NW4060
Sharif, Ms NK to ask the Minister of Home Affairs
(1)Whether, with regard to the responsibilities of his department in relation to the Alteration of Sex Description and Sex Status Act, Act 49 of 2003, he will furnish Ms N K Sharif with a statistical summary of the most common reasons provided by the Director-General (DG) for the rejection of applications in terms of section 2(3) of the specified Act; if not, why not; if so, what are the relevant details; (2) what total number of officials in the DG's office work on assessing and deciding upon the specified applications in terms of section (a) 2(1) and (b) 2(3) of the Act; (3) whether he will furnish Ms N K Sharif with copies of all standard operating procedures, guidelines, checklists and all other guiding documentation developed by his department to help officials in the office of the DG to take decisions in terms of section 2(3) of the Act; if not, why not, if so, what are the relevant details; (4) what is the average turnaround time for the specified applications from submission by an applicant to a decision communicated to the specified applicant?
Reply:
- There is no statistical summary of rejected applications in terms of section 2(3) of the Act.
- Four (4) Officials
- The standard operating procedure (SOP) for the Alteration of Sex Description and Sex Status was signed in October 2020 and is applied by officials that process the applications. The Department is unable to provide a copy of the SOP due to the sensitivity of the procedures to be followed in this category of applications that involves the amendment of personal information. The documents required by the Department from applicants in this category are indicated under “Amendments” on the DHA website.
- The average turnaround time is 4-12 weeks
END
01 December 2022 - NW4512
Joseph, Mr D to ask the Minister of Public Works and Infrastructure
(1)Whether the Department of Forestry, Fisheries and the Environment signed a new lease agreement for the property called Knoflokskraal in the Western Cape; if not, what are the future plans regarding the specified property; if so, what is the term of the lease; (2) what plans are in place to manage the Khoisan people affected by the interdict?
Reply:
The Minister of Public Works and Infrastructure
(1) I have been informed that the Department of Forestry, Fisheries and the Environment did not enter a new Lease Agreement in respect of the property.
(2) A task team, consisting of National, Provincial and Local Government, established in August 2022, has had several meetings to discuss the future of the land.
01 December 2022 - NW4443
Mthenjane, Mr DF to ask the Minister of Home Affairs
Which steps of intervention has he taken towards the abolishment of all borders to promote free trade amongst African countries?
Reply:
The promotion of free trade amongst African countries does not require the abolishment of all borders but the continued implementation of regional and continental initiatives to manage the flow of goods.
The Department of Finance as the responsible Department can provide relevant information on the current initiatives to improve the facilitation of goods into and from South Africa to give effect to free trade amongst African countries.
The Border Management Agency is working closely with the South African Revenue Services to ensure the efficient facilitation of people and goods through our ports of entry.
END
01 December 2022 - NW3683
Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development
How has the African Continental Free Trade Area been used by her department as a policy instrument to gain markets for the Republic’s agricultural products?
Reply:
The Department has been part of the development and adoption of the agreed upon Africa Continental Free Trade Area (AfCFTA), and the Sanitary and Phytosanitary (SPS) Policy Framework. The Department will, therefore, consistently apply this to gain markets through the harmonised standards that align the African SPS system with international science-based standards, border processes, sharing of information and technical capacity building.
This Policy Framework is guided by the World Trade Organisation SPS Agreement and International Standards Setting Organisation (Codex Alimentarius Commission (Codex), International Plant Protection Convention (IPPC), International Office of Epizootics (OIE). Therefore, South African agricultural products will gain markets through the harmonised standards and the specific protocols that would be negotiated at a bilateral level.
The AfCFTA market access pillar has been concluded with only a few outstanding technical issues, particularly the finalization of tariff offers, rules of origin and customs-related matters. At a policy level, the Department will domesticate the relevant legal policy instrument to facilitate the effective implementation of the Agreement. The AfCFTA Sanitary and Phytosanitary Annex will be incorporated into the DALRRD’s policy to process trade under the AfCFTA Agreement. This will help to ensure smooth access to the African market while ensuring that good quality standards in respect of food, plant & animal health are maintained. The Department will further embark upon trade promotion programmes to ensure detailed awareness and knowledge of the AfCFTA agreement and its market access requirements.
Through an Interdepartmental forum including the South African Revenue Services and the Department of Trade, Industry and Competition (SARS and the dtic), the Department will also work to ensure that member countries respect and comply with the agreed rules of trade. Where implementation challenges arise, the Department, through this forum, will work to resolve them using the agreed legal instruments such as the Dispute Settlement Mechanism in the agreement.
01 December 2022 - NW4207
Roos, Mr AC to ask the Minister of Home Affairs
With regard to the recruitment of 10 000 unemployed youth graduates to join the digitisation project of records of his department, (a) who was awarded the tender to assist with the appointments, (b) who makes the appointment decisions, (c) for each of phase 1, 2 and 3 list the (i) offices where the recruits will work and (ii) total number of recruits allocated to each specified office and (d) what is the status of procurement of (i) scanners and (ii) workstations for the specified project?
Reply:
a) The Department has not awarded any tender to assist with the recruitment process for the 10 000 unemployed youth graduates. However, the recruitment was facilitated by the Department of Employment and Labour (DEL) through the Employment Services of South Africa (ESSA) Programme. The service was provided at no cost to the Department of Home Affairs (DHA).
b) Interview panels were set up by the DHA nationwide to interview candidates. Interview panels make recommendations for appointments.
c) The DHA adopted a phased approach for the recruitment of young unemployed graduates and as demonstrated in the table below, the allocation recruits will be per province rather than offices and is aligned to the volume of documents that require digitisation.
d) The procurement of equipment and software for the digitisation process was advertised via an open Request for Bid, which closed on 23 September 2022. The evaluation process to select a preferred provider for the duration of the project is in an advanced stage. Workstation procurement is being done through a SITA transversal contract for the 1st cohort and is due for delivery in December 2022.
END
01 December 2022 - NW3293
Cebekhulu, Inkosi RN to ask the Minister of Agriculture, Land Reform and Rural Development
(1) With regard to the increase in land invasions, more so in rural areas, what measures has her department put in place to ensure the security of land boundaries. (2) whether there have been stricter protective measures for (a) women and (b) persons of colour in the attempts to protect land; if not, why not, in each specified case; if so, what are the relevant details in each specified case; (3) what are the relevant details of the steps that are being taken by her department to ensure that agricultural land is not compromised for residential developments, and simultaneously attending to the needs of those who seek land for residential purposes?
Reply:
NATIONAL ASSEMBLY
WRITTEN REPLY
QUESTION 3293
1. Where the farms belong to the state, the Department of Agriculture, Land Reform and Rural Development (DALRRD) makes use of the state land available by allocating the land in line with the Beneficiary Selection and Land Allocation Policy to deserving beneficiaries. Furthermore, if the land is invaded, the Department engages the invaders and where there are no agreements, legal processes are taken to legally evict invaders from state farms.
2. No.
(a) and (b) There are no stricter measures for women and persons with colour. Measures put in place are applicable to everyone utilizing state farms.
3. DALRRD administers the Subdivision of Agricultural Land Act (SALA), 1970 (Act No. 70 of 1970) to manage and preserve agricultural land for agricultural production.
Section 3(f) of SALA states that no area of jurisdiction, local area, development area, peri-urban area or other area referred to in paragraph (a) or (b) of the definition of 'agricultural land' in section 1, shall be established on, or enlarged so as to include, any land which is agricultural land. As such DALRRD receives and evaluates change of land use applications, assesses the development application based on the agricultural planning factors such as land capability, grazing capacity and crop suitability. Should the proposed residential development lead to direct and cumulative impact on agricultural production, the developer is advised to consider alternative site for balanced utilization of the natural resources.
To strengthen DALRRD’s abilities to preserve agricultural land, DALRRD developed the Preservation and Development of Agricultural land Bill which is currently in the parliamentary process. The Bill calls for the delineation of high potential and unique agricultural land for agricultural protection and for the establishment of agricultural sector plans.
To address the needs of those who seek land for residential development, DALRRD has embarked on a process to delineate areas of high potential agricultural land for cultivation and grazing purposes in order to guide the development based on the land capabilities for optimal use. Areas of low potential are demarcated for uses other than agriculture to accommodate other socio-economic activities.
DALRRD has developed guidelines to guide municipalities when developing land use schemes noting their roles in implementing the Spatial Planning and Land Use Management Act, 2013 (Act No.16 of 2013), specifically section (24) which stipulates that municipalities must develop a wall-to-wall Land Use Scheme (LUS) aimed to regulate the use of land within a municipal area.
DALRRD collaborates with municipalities on development of land use schemes to ensure proper zoning regarding the use of high potential agricultural land for agricultural purposes is implemented. DALRRD’s involvement on the land use scheme will aid the municipality to implement a balanced mechanism to cater for developments and agriculture without compromising sustainability.
Finally, the Beneficiary Selection and Land Allocation Policy is meant to allocate land for various purposes including for residential use.
01 December 2022 - NW4362
Khanyile, Ms AT to ask the Minister of Home Affairs
What (a) type of visa class was granted to all the occupants of the Russian yacht called Nord that is supposed to dock in the Cape Town harbour, (b) is the duration of each visa and (c) number of occupants are on the specified yacht?
Reply:
The yacht referred to has not docked at any of South Africa’s harbours. No pre-clearance application was received for such a yacht to dock at Cape Town harbour.
END
01 December 2022 - NW4170
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
Given the reduction to the budget of Legal Aid South Africa (LASA) of R534 670 over the 2021/22-2023/24 Medium-Term Expenditure Framework period, what (a) was the justification for the specified reductions in LASA’s budget, (b) effect will the reductions have on service delivery rendered by LASA to indigent and vulnerable persons and (c) are the relevant details of any backlog in services rendered by LASA; (2) Whether LASA is able to provide effective services at all courts in the Republic; if not, why not; if so, what are the relevant details?
Reply:
1. (a) The National Treasury‘s mandatory baseline budget reductions were necessitated by the national fiscal constraints.
b) Any reductions in Legal Aid SA’s budget has an adverse impact as this affects the recruitment levels, i.e. number of employees as per approved establishment and consequently the court coverage.
c) There are no backlogs as pending matters’ turnaround times are monitored so that cases are not delayed unnecessarily.
2. Legal Aid SA is able to provide services at all courts in the Republic of South Africa through its practitioner per court model, meaning that there is a legal practitioner stationed in every court, responsible for taking all legal aid instructions in his/her or their assigned court. The Department of Justice and Constitutional Development consults with Legal Aid SA whenever new courts are established, and provides necessary budget allocation.
END
01 December 2022 - NW4248
Zondo, Mr S S to ask the Minister of Public Works and Infrastructure
(1)Whether, in light of the fact that her department handed over 12 buildings between December 2019 and March 2020 to the Provincial Departments of Social Development of Gauteng and the Western Cape for use as shelters for gender-based violence victims, and in view of reports that her department has spent R1 960 411,84 to date on building and garden renovations for the six buildings in Gauteng while the buildings remain closed and unoccupied, she will furnish Mr S S Zondo with the details and/or an update on the occupation of the shelters by the Gauteng Department of Social Development; if not, what is the position in this regard; if so, what are the relevant details; (2) whether her department plans to retrieve some of the funds spent on the shelter whilst it remained unoccupied by the Gauteng Department of Social Development; if not, why not; if so, what are the further, relevant details?
Reply:
The Minister of Public Works and Infrastructure:
1. I have been informed that the Department of Public Works and Infrastructure (DPWI), the respective Provincial Departments of Social Development (DSD), and their respective Infrastructure Departments; after having engaged extensively, have agreed that the method of disposal of these shelters will be that of Donation. In the meantime, all parties have resolved that User Agreements will be signed. The signing of the User Agreements will enable DSD to occupy the aforementioned properties. The Agreements have been prepared and are being signed by the various parties.
2. DPWI is mandated to ensure that its assets are safeguarded and kept in good condition at all times. Furthermore, DPWI intends to provide the properties in a habitable state and ready for DSD to use by victims of gender-based violence and femicide.
DPWI will not be recovering any funds from DSD, due to the fact that the delay in occupation is not due to any of the Departments’ doing, but rather the fact that the three departments needed to finalize the governance structure of how the properties will be managed. It has now been agreed that the properties will be donated to the user departments and that User Agreements will be signed in the meantime as a governance structure to allow DSD to use the properties.
01 December 2022 - NW4260
Siwisa, Ms AM to ask the Minister of Public Works and Infrastructure
(1)With reference to the recent handing over of buildings for shelters of gender-based violence and femicide victims in Gauteng and the Western Cape, in which municipalities are the shelters found; (2) whether she has found that the shelters are safe with no possibilities of perpetrators gaining access to the premises and putting the lives of victims in danger; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Minister of Public Works and Infrastructure:
1. I have been informed that the shelters are in the following Municipalities: Western Cape:
Gauteng:
2. The houses are currently safe as they are guarded by the Department of Public Works and Infrastructure. Once the houses/ shelters are handed over to the client, safeguarding of such assets becomes the responsibility of the User/ client department, Department of Social Development. |
30 November 2022 - NW4151
Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development
Whether her department provides a subsidy and/or grant for commercial farmers who provide access to electricity and water for former farmworkers and their families who reside on the farm; if not, what is the position in this regard; if so, what is the extent of the subsidy?
Reply:
No,
The Department of Agriculture Land Reform and Rural Development does not provide any subsidy to commercial farmers in terms of the current legislation.
30 November 2022 - NW3796
Luthuli, Mr BN to ask the Minister of Small Business Development
Considering the looting of businesses that occurred in KwaZulu-Natal and Gauteng in July 2021, as well as the floods that occurred in April 2022, that have greatly impacted the livelihoods of small and medium enterprise (SME) owners, especially considering the quick succession of the specified events, (a) how has her department assisted SMEs that are in the food production industry to materially and financially recover after the looting and floods in KwaZulu-Natal, (b) what support programmes are available to the specified businesses and (c) how long will the businesses receive support from her department?”
Reply:
The Department of Small Business Development (DSBD) had swiftly moved to assist SMMEs that had been impacted by the looting/riots in July 2021 or floods in 2022, through its two agencies: the Small Enterprise Finance Agency (sefa) and the Small Enterprise Development Agency (Seda).
(a)(b)&(c) 2021:
In July 2021 and to respond to the looting/riots in Gauteng and Kwa-Zulu Natal, DSBD set aside R300m to assist the businesses through the establishment of Business Recovery Program (BRP) implemented by sefa. The BRP was structured to assist re-set-up / re-establish businesses that had suffered financial loss with blended finance (60% grant and 40% loan), funding range from R50 000 to R2 million. The loan portion was set at 5% interest rate per annum, 60 months repayment term and a maximum of 12 months capital and interest moratorium. In total, sefa approved R237 945 628 and disbursed R225 668 461 disbursed to all sectors and not food production only. Through a partnership with Nedbank, DSBD also set aside R40 million in BRP funds to focus on informal businesses. From the first tranche of R15 million allocated to Nedbank R14 463 000 was disbursed to 4844 informal business.
2022:
DSBD responded with a R50 million funding package for SMMEs affected by floods and this Fund was administered by Seda.
Floods Relief Programme (Formal SMME’s)
One hundred and seventy-nine (179) applications have been assessed through the Floods Impact Assessment on site. One hundred and forty-four (144) applications have been approved with a total value of R52 318 837,57. Currently, one hundred and twenty seven (127) purchase orders were issued and ninety three (93) paid, amounting to R26 452 877.
Informal Sector Flood Relief Programme Challenges
Eastern Cape:
Alfred Nzo:
- Alfred Nzo received applications from two (2) Municipalities namely Winnie Madikizela Mandela (WMMM) and Matatiele Municipality. All applications for Alfred Nzo have been adjudicated on 20 October 2022.
- 81 applications have been approved for Matatiele. The breakdown is as follows:-
Sector |
Number |
Fruit & Veg |
25 |
Spaza |
6 |
Salon |
2 |
Clothing & Textile |
2 |
Fast Food |
9 |
Agriculture |
16 |
Retail |
21 |
TOTAL |
81 |
- 374 applications have been approved for Winnie Madikizela Mandela. The breakdown is as follows :-
Sector |
Number |
Fruit & Veg |
128 |
Spaza |
173 |
Salon |
12 |
Clothing & Textile |
20 |
Fast Food |
14 |
Agriculture |
13 |
Retail |
14 |
TOTAL |
374 |
OR Tambo:
- The panel approved 100 applications out of 281. The next step is to start the procurement process. The adjudication took place in mid-October 2022. The breakdown of the 100 approved applications is as follows:
Sector |
Number |
Fruit & Veg |
83 |
Fast Food |
11 |
Clothing & textile |
4 |
Saloon |
2 |
TOTAL |
100 |
Kwa-Zulu Natal: Ethekwini
The eThekwini and Ilembe adjudications were completed. The breakdown is on the following sectors:
- Fruits & Vegetables (+ 404 applications); Arts and Craft (+ 409 applications); and Clothing & Textile (265 applications).
- These three (3) sectors constitute 55% of the 1,993 applications.
There were applications that were not processed because of information deficiencies by the applicants. sefa and Seda still continue to work with the applicants and also provide Business Support services where possible and there’s willingness to co-operate by SMMEs.
STELLA NDABENI-ABRAHAMS
MINISTER: SMALL BUSINESS DEVELOPMENT
30 November 2022 - NW4454
Pambo, Mr V to ask the Minister of Higher Education, Science and Innovation
(1)What (a) total number of students who applied for the National Student Financial Aid Scheme funding had their applications rejected in 2022 and (b) were the reasons for the rejection of their applications; (2) whether his department followed up on the students to see how many dropped out because they had no other means of paying for their fees; if not, why not; if so, what are the relevant details?
Reply:
1) (a) A total of 143,117 applications were rejected in 2022.
1) (b) Below table presents the rejection reason and count of 2022 applications that have been rejected:
Rejection Reason |
Count |
Applicant is deceased as per DHA records |
4 |
Financially Ineligible (household income exceeds threshold) |
48,549 |
Highest level of qualification at which NSFAS may fund has already been achieved |
18,069 |
Insufficient information provided as a result NSFAS cannot make a funding decision |
65,233 |
Invalid National ID and/or names and surnames provided |
16 |
N+ Rule Exceeded |
10,525 |
Not compliant with the N+ Rule (funding pathway) |
62 |
Not compliant with the Academic Eligibility Criteria |
3 |
Not Eligible for NSFAS funding, funded by another funder |
656 |
Grand Total |
143,117 |
|
|
2. Currently the Department produces the First-Time Entering Undergraduate Cohort Studies for Public Higher Education Institutions Report which provides a national overview of the dropout and throughput rates within the university sector annually. The Department does not follow-up on students who have not succeeded but is considering doing tracer-studies to establish where graduates and those who have dropped-out are doing.
30 November 2022 - NW4150
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
What are the relevant details of her department’s readiness to deal with the season of locust outbreaks?
Reply:
The Department of Agriculture, Land Reform and Rural Development (DALRRD) has appointed locust control contractors to control the locust outbreak in all locust outbreak areas in Eastern Cape, Free State, Northern Cape, and Western Cape Provinces.
Personal protective equipment for the locust control contractors has been procured. DALRRD will be providing spray pumps and pesticides for control of the locust outbreak.
DALRRD is also in the process of advertising a tender for appointment of a helicopter service provider to be on standby to complement the ground locust control contractors if a need arises.
30 November 2022 - NW4153
Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development
With reference to the 2020-21 Annual Report wherein her department had set a target of 1 000 labour tenants applications to finalize, but only 108 applications were finalised, even though she had appointed a special master of labour tenants who has been working with her department to expedite the settlement of labour tenants land claim, (a) what total amount did her department spend on appointing the special master and (b) was there value for money in the appointment since her department failed dismally to meet the target of 1 000 claims to be finalised in the 2020-21 financial year?
Reply:
a) The Special Master was appointed by the Land Claims Court and not by the Department of Agriculture Land Reform and Rural Development.
b) Falls away.
30 November 2022 - NW3607
Kruger, Mr HC to ask the Minister of Small Business Development
(a) On what date does she intend to sign the transversal agreement with the Department of Mineral Resources and Energy concerning renewable energy and (b) what total number of (i)(aa)businesses and (bb) co-operatives will benefit from the specified programme, (ii) small, medium and micro enterprises will participate in the programme and (iii) sustainable jobs will be created in the (aa) skilled, (bb) semi-skilled (cc) unskilled job categories?”
Reply:
The Department of Small Business Development (DSBD) had a series of meetings with Department of Mineral Resources and Energy (DMRE) with the view to explore areas of collaboration. The Memorandum of Understanding (MoU) between the two Departments was drafted and discussed between the two parties. It is noted that renewable energy is clearly the most substantial sector currently, and opportunities were identified for specialised SMMEs that provide the technical services and products required at different stages of development and operation. Technologies such as solar water heating, bioenergy, smart grids and smart meters provide considerable opportunities across the board for SMMEs. Beyond the various product and service sectors and value chains, another key area of intervention is to support SMMEs to make them greener, more sustainable and thereby more competitive.
The next phase of this development process is to draft an implementation phase with definitive targets or number of businesses and co-operatives to be supported as well as the type of interventions to be provided. The implementation plan will also outline projected number of jobs to be created and specific details about the job categories.
Given that the engagement with the DMRE is not yet complete, DSBD would not be able to concretely provide the number of enterprises and co-operatives who will benefit out of the collaboration nor the categories of enterprises and the possible jobs that could be created.
STELLA NDABENI-ABRAHAMS
MINISTER: SMALL BUSINESS DEVELOPMENT
30 November 2022 - NW3760
Komane, Ms RN to ask the Minister of Public Service and Administration
What measures has he and/or his department taken to encourage Accounting Officers to sign performance contracts and assessments to be in line with the regulatory framework for the Performance Management and Development System for Heads of Department?`
Reply:
The Department of Planning Monitoring and Evaluation (DPME) is responsible to oversee and coordinate the entering into performance agreements and the performance evaluations of Heads of Department (HoDs) in line with the Directive on the Performance Management and Development System (PMDS) for HoDs. The Department of Public Service and Administration (DPSA) regularly issues communiques on the PMDS, and specifically on performance contracting and assessments. In order to facilitate the signing of performance agreements, the Minister for the Public Service and Administration in June 2021 directed that the online PMDS system, hosted and maintained by the DPME, is compulsory from the 2021/2022 performance cycle. The details were communicated by DPSA Circular 11 of 2021.
The Director-General of the DPSA conducts quarterly engagements with provincial HoDs and heads of corporate services where among other things the issues of compliance with the PMDS for HoDs and members of the SMS are emphasised. The DPSA in conjunction with the DPME also regularly conduct capacity building workshops with HoDs on request from departments and provincial governments. The next such workshop is planned on 3 November 2022 with the Northern Cape Provincial Government.
End
30 November 2022 - NW3448
Mthenjane, Mr DF to ask the Minister of Small Business Development
What are the details of the (a) nature and (b) causes of the capacity constraints in the Information and Communications Technology Unit that led to her department not being able to hold one of the governance meetings in the first quarter of the current financial year as she reported during the meeting of the report-back on Vote 36 to the Portfolio Committee on Small Business Development?”
Reply:
a) The ICT Directorate consists of:
- 1 Director,
- 1 Deputy Director,
- 2 Registry Clerks, and
- supported by 2 Sita Support Officials (providing desktop support).
b)(i) On 17 August 2021 a moratorium on filling posts in the Department was declared due to entry of the new Executive Authority.
(ii) The Deputy Director: Information Management/Information Technology Management terminated service on 31 August 2021 which left the Directorate with only 1 technical expert in the ICT space (Director: Chief Information Officer). To be noted is that the 2 registry clerks are not in the field of ICT and the resources from SITA are contracted to provide desktop support services and hence do not form part of the ICT Strategic functions. Further to this, the Director: Chief Information Officer was appointed as Acting Chief Director: Corporate Management after the resignation of the previous incumbent adding greater pressure during this period.
(iii) Approval was received from the Minister to fill the Deputy Director: Information Management/Information Technology post on 25 October 2021.
(iv) The post was advertised in the Public Service Vacancy Circular of November 2021.
(v) The post is filled as of October 2022. The reasons for the delay in recruitment is based on the fact that the HRA sub directorate of the Department had been severely under resourced. Adding to this pressure was the fact that the advertisement was just prior to the festive period and hence efforts to shortlist during this period became challenging. The appointed service provider was inundated with applications due to the volumes received for the posts advertised during this timeframe and resulted in delayed screening and filtering of candidates. This was further exacerbated with the resignation of the DD: HRA and resulted in one Level 8 official to assist with HRA for most of Q1 and Q2 of 2022/23 financial year.
(vi) These shortages affected the ability to coordinate and manage the requisite governance meetings, however had been brought back on track in Q2 and going forward.
STELLA NDABENI-ABRAHAMS
MINISTER: MINISTER OF SMALL BUSINESS DEVELOPMENT
30 November 2022 - NW4152
Montwedi, Mr Mk to ask the Minister of Agriculture, Land Reform and Rural Development
With reference to the 200 farmers in Kagisano Molopo Local Municipality in the North West that were allocated land in an area of about 300 000 ha in the former South African Development Trust farms, who have been struggling with underground water since they were allocated those farms whereas the former department of Land Affairs commissioned a study that advised the department to provide bulk water services to those farmers around 2004, but nothing has happened thus far, (a) what are the reasons that her department has failed to ensure that bulk water is supplied to the farmers and (b) what was the amount in loss of production as a result of her department’s failure to ensure the provision of bulk water supply to the farmers?
Reply:
a) The provision of bulk water services is the mandate of the Department of Water and Sanitation (DWS). The project for bulk water supply at the time, was initiated by the District Municipality, Department of Water Affairs and their associated water management entities with whom the competence for water management, supply and distribution resides. The Department of Agriculture, Land Reform and Rural Development (DALRRD) however, has a protocol in place with DWS on water for the sector related subject. DALRRD will therefore utilise this existing collaboration mechanism to refer this matter to DWS to look at the bulk water challenges for these producers.
Although water remains a scarce resource in the country and Dr Ruth Segomotsi Mompati District in particular, it should further be noted that the Department of Agriculture, Land Reform and Rural Development has always ensured that where possible, South African Development Trust farms are not severely affected, through the following interventions:
- Some farmers were drilled boreholes to use underground water in areas where water is available;
- Farmers are continuously encouraged to cooperate with each other to jointly address water scarcity challenge and that had made their farming businesses profitable;
b) There has never been reports of production losses in the area (cattle production area) hence a high number of emerging farmers in this district. However, DALRRD will engage DWS, who is mandated for bulk water provision, to determine what can be done to resolve this matter.
30 November 2022 - NW3606
Kruger, Mr HC to ask the Minister of Small Business Development
Whether her department has made an assessment on the regulatory measures (a) nationally, (b) provincially and (c) on the local government level that might impact negatively on (i) small , medium and micro enterprises and (ii) co-operatives; if not, why not, in each case; if so, what are the (aa) names and (bb) relevant details of all (aaa) legislation and (bbb) regulations that have been assessed to date?”
Reply:
(a)(b)&(c) The Department of Small Business Development (DSBD) has considered nationally, provincially and locally the legislation negatively affecting Small, medium and micro enterprises in South Africa. There are a multitude of legislative and regulatory criteria that small businesses need to comply with, not all of them are “onerous”, but still this provides a good indication that our regulatory frameworks are not well coordinated and synchronised, and are often duplicatory, placing both a cost and time burden on small businesses. The DSBD has prioritised twenty-nine (29) pieces of legislation (including related regulations, and by-laws, etc.) that impact on SMME growth and development. This is summarised in Figure 2 under point number aa&bb.
- The twenty-nine (29) pieces of legislation affect informal sector, small, medium micro enterprises and co-operatives across the spectrum.
- With regard to co-operatives, we have noted that CIPC reporting under the Co-operatives Development Act, is onerous as most co-operatives are required to submit audited financial statements. That imposes a considerable expense, which does not apply to any other small enterprise. This contrasts with the Company’s Act which has specified thresholds over which enterprises are required to submit audited annual financial statements.
(aa)&(bb) Names of legislation and (bb) relevant details