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09 November 2022 - NW3783

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Mineral Resources and Energy

With regard to the Samrad system of his department which has not been serviced and has therefore been outdated for years, (a) what are the reasons that there were no plans (i) drawn and (ii) implemented to service and ensure that the system is regularly updated, (b) how does his department intend to mitigate the backlog which the installation of a new system will cause and (c) what is the action plan to counter the specified backlog?

Reply:

a) (i), (ii) Since its inception, the system has been serviced, however challenges were experienced when the service provider who maintained and serviced the system was liquidated in 2016. No updates were made of the system since then.

b) The norm for implementing ICT related projects is to have a detailed project and migration plan which also include risks identification and how the risks will be mitigated during the project tenure.

c) Refer to b above.

09 November 2022 - NW3589

Profile picture: Luthuli, Mr BN

Luthuli, Mr BN to ask the Minister of Trade, Industry and Competition

How does his department intend to ensure that the R300 million debt fund, known as the SMME Crisis Partnership Fund, launched by the Gauteng provincial government, the Industrial Development Corporation and the SA SME Fund is protected against (a) corruption and (b) wasteful expenditure?

Reply:

I have been furnished with the information that follows, by the management of the Industrial Development Corporation (IDC):

The SMME Crisis Partnership Fund is managed by an independent Fund Manager, that being the SASME Fund.

As an investor in the fund, the Industrial Development Corporation (IDC) participates in a governance framework that has been put in place to protect the fund against corruption and wasteful expenditure. This consists of:

• Advisory Board

• Investment Committee

• IDC Oversight

• Reporting and Audit

Advisory Board

The Advisory Board is comprised of members appointed by the Investors. These members are independent in that they are not employees of the Fund Manager. The Advisory Board ensures that the Fund’s Guidelines, Policies and Procedures are adhered to. The Fund Manager may raise reasonable objections to the appointment of a prospective candidate e.g., reputational, or legal (criminal/fraud). The rights and responsibilities of the Advisory Board are to:

  1. approve any variations or waivers to the Fund Guidelines.
  2. approve increases to prudential limits on investments where specifically allowed in the Fund’s guidelines.
  3. advise on any governance issues that may arise in the Fund.
  4. review all expenses of the Fund.
  5. approve the appointment/replacement of the Fund’s Auditor.
  6. review bank statements of the Fund.
  7. review the annual valuations of investments, and to the extent that there is any dispute in respect of a valuation refer the issue to a recognised expert for final determination.
  8. to resolve any material conflict of interest between the Fund Manager and the Investors or the investors themselves arising from a Fund transaction.

Investment Committee

The Investment Committees key role is to:

  1. Approve or decline investments or exits from investments.
  2. Monitor and report to Investors the performance of the investments.
  3. Approve third party expenses to be borne by the Investors in respect of investments or exits.
  4. Ensure that the Fund manager implements the Investment Policy of the Fund as negotiated with Investors.

The committee is established and hosted by the Fund Manager. The Investment Committee members are individuals independent from the Fund Manager who possess the requisite industry, technical and financial skills to make investment decisions in accordance with the investment mandate and terms of the Fund.

IDC Oversight

IDC ensure appropriate oversight of the fund through representation on the Advisory Board and the Investment Committee. IDC has appointed senior staff who possess the requisite experience in respect of deal assessment, development finance and township sector knowledge to sit on these committees.

In addition, the IDC has a senior person responsible for constant oversight of the Fund and the Fund Manager.

Payments to the fund by the IDC are made as the fund invests in the SMMEs and not in a single lump sum. To effect disbursement of monies to the Fund, the Fund Manager must provide to the IDC the minutes of the Fund’s IC meetings showing which applicants have been approved for investment and the value of the investment.

Reporting and Audit

The fund manager is required to:

  1. Provide monthly reports to IDC on the performance of the Fund within 7 days after each month-end. The report will cover but not be limited to relevant fund performance indicators including approvals, cancellations disbursements, impairments, distressed investees, realised and projected financial returns and latest valuation of the Fund (and each of its underlying investments); number of jobs created/ saved, the number and value of investments to black owned investees.
  2. provide management accounts of the Fund and the Fund Manager to IDC on a quarterly basis within 30 days after each quarter-end.
  3. provide the IDC with audited annual financial statements of the Fund and Fund Manager within 6 months after its year-end.

-END-

09 November 2022 - NW2613

Profile picture: Marais, Mr S

Marais, Mr S to ask the Minister of Defence and Military Veterans

(1) Whether any internal investigation was started involving a certain person (name and details furnished) on allegations of corruption, fraud and other irregularities; if not, what is the position in this regard; if so, what are relevant details; (2) Whether the investigation has been completed; if not, what is the position in this regard; if so, what are the outcomes of the investigation and (b) are the further relevant details; (3) What are the reason that the specified person was moved to Army Support Formation while investigation was ongoing?

Reply:

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09 November 2022 - NW3586

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Luthuli, Mr BN to ask the Minister of Trade, Industry and Competition

(1) What are the relevant details of the update on (a) gains and (b) challenges experienced by the One Stop Shop by InvestSA. (2) Whether any successful businesses have come out of the programme and successfully employed more South Africans: if not, why not, if so what are the relevant details? W4393E

Reply:

The One-Stop Shop is part of Government’s services to improve the investment climate and make it easier to operate a business in South Africa.

To this end the One-Stop Shop provides an investment facilitation service, at the National One-Stop and the three (3) Provincial in Gauteng, KwaZulu-Natal and Western Cape.

This consists of support with respect to:

  • pre investment (information and advisory) services to investors
  • set up (roll out and implementation) and
  • post investment services.

The role of the One-Stop Shop is to support new investments, expansions and retention of investment through assisting investors. Examples of the type of support rendered to foreign investors include support with:

  • addressing challenges at local government level
  • environment impact licenses
  • water usage licenses
  • construction permits
  • electricity connections
  • information to facilitate compliance with standards
  • port clearances and
  • work visas for managers and investors

Investment cuts across the three (3) sphere of Government (National, Provincial and Local) and Government agencies and InvestSa thus work with these various entities.

The One-Stop Shop provides an investment facilitation service throughout the investment life cycle journey in South Africa. The One-Stop Shop facilitates investment projects to be implemented and operationalised so that production plants and services can start, thereby creating new jobs and retaining jobs.

Recent examples include facilitating visas and electricity connections for Ford’s $1 billion new production line at the Tshwane Special Economic Zone (SEZ); as well visas for P&G and technical engagements with the National Regulator for Compulsory Specifications (NRCS) for industrial products.

The quarterly reports of the Department submitted to Parliament, provides additional information on the successes of InvestSA.

-END-

09 November 2022 - NW3776

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Montwedi, Mr Mk to ask the Minister of Mineral Resources and Energy

What steps has he taken to (a) address the issue of illegal mining and (b) transform illegal miners into small-scale miners in Witrankie Village in the Moses Kotane Local Municipality?

Reply:

(a) Illegal mining of chrome in Witrankie is one of the Department’s priority areas. In order to address illegal mining in the village, intelligence led operations were conducted with members of the SAPS and the Hawks. As a result of those operations, cases were opened, and arrests made. There are continuous disruptive operations conducted by the Department and SAPS given the extent of illegal mining in the area.

(b) The profile of illegal mining in South Africa is such that it is dominated by illegal immigrants. Illegal miners cannot be transformed into small scale miners. The Department through its Small-scale division only assists potential miners who intend operating within the boundaries of the law.

09 November 2022 - NW3196

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Khumalo, Dr NV to ask the Minister of Trade, Industry and Competition

(1)      On what date did he attend the last meeting of any structure outside the Government in order to receive recommendations on the deployment of personnel in his department and/or entities reporting to him; (2) whether any appointments to his department and/or entities reporting to him were discussed during his attendance at any private forum and/or external structures to the Government; if not, what is the position in this regard; if so, what (a) are the details of appointments that were discussed and recommendations received and (b) other Government matters were discussed during the last meeting of any such forum? NW3917E

Reply:

All the appointments of personnel in public sector positions are made in accordance with relevant legislation. No structure outside of those prescribed in legislation can determine the deployment of personnel in public sector positions. Where the legislation requires me to make an appointment, I apply myself to the requirements of the entity concerned, the legislative prescripts and the merits of candidates for the positions.

As part of building a capable state, I make all reasonable efforts to strengthen the skills mix in those public sector appointments within my remit. I therefore consider carefully the suitability of candidates on the information available to me and the need to have a diverse set of skills and experiences on an entity’s board.

-END-

09 November 2022 - NW2942

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Abrahams, Ms ALA to ask the Minister of Basic Education to ask the Minister of Basic Education

With regard to vulnerable learners receiving the child support and foster care grant who (a) are frequently absent from school and/or (b) have stopped attending school all together, what (i) support and interventions does her department provide for the learners in order to actively get them to attend and/or re-enrol in school and (ii) has been the success rate of the interventions over the past five years?

Reply:

Ensuring that children attend school during the compulsory schooling age, and striving to increase the percentage of young people, who successfully complete twelve years of schooling - in other words reach and complete Grade 12, are central to the mission of the Department.  A large range of activities and initiatives are aimed at advancing this mission, especially to ensure that vulnerable children, such as those receiving Child Support Grants (CSG) or under foster care, have an opportunity to succeed in school.

These initiatives have been successful insofar as addressing dropping out of school before learners successfully complete the National Senior Certificate; and schooling among children of  compulsory school-going age, has for many years been kept at almost 100%, especially up to Grade 9; though there were some setbacks during the COVID-19 pandemic.  The successful completion of twelve years of schooling in South Africa, is approximately on a par with that seen in other middle income countries.  This fact is provided in several of the Department’s Annual Reports on the results of the National Senior Certificate examinations (available on the DBE website).

Not only has there been steady improvement in the overall rates of school participation amongst children in the compulsory schooling age, and in the overall Grade 12 completion rate, but there have also been improvements for children who are orphans, Child Support Grant recipients and those with disabilities.  According to the STATS-SA's General Household Surveys, in the years 2002-2006, only 68% of 19-21 year-olds with both biological parents deceased, had completed at least Grade 9.  For the years 2018-2021, this percentage had increased to 77%.  Turning to Grade 12 completion rates amongst young people with disabilities, for example, we see that in the years 2002-2006 that only 19% of 21-29 year-olds with a disability, had completed at least completed Grade 12, compared to an estimated 34% in the years 2018-2021.  School attendance rates amongst 7-15 year-olds receiving the Child Support Grants has hovered around 99% ever since 2010.

The problem of learners not successfully completing Grade 12 (or anything equivalent outside the schooling system), should be seen in the context of relatively weak results among many of those learners who do obtain the NSC.  The problem is reflected in the comparably low Grade 9 TIMSS results, even in 2019, and after a couple of decades of improvements, improvements attributable in large part to government’s focus on quality schooling.  Clearly, these improvements should continue.  It is this need that lies behind certain high-level targets in government’s Medium-Term Strategic Framework (MTSF).  For instance, more Grade 12 candidates should achieve above the mark thresholds in mathematics and physical science, enable them to enter university programmes generating critical skills in areas such as engineering, chemistry and financial accounting.

Moreover, it is critical to understand our efforts to promote successful completion of schooling compared to young people dropping out of school.  The current research, conducted by [WHOM]confirms that it is those learners who do not cope with their studies who are the most likely to drop out; and poverty in the home plays a large role here.  According the 2019 General Household Survey, 34% of young people aged 16 to 18 years, are not at school, essentially because they are not coping academically.  Another large factor, according to the same source, shows that 25% of young people blame their parents' inability to pay school fees as their reason to drop out.. Even here, coping academically plays a role; parents and guardians may decide that a child who is not performing well as school, is not worth investing in (See the Department’s series of publications General Household Survey (GHS): Focus on Schooling).

In line with the international and local evidence, and in line with the policy advice provided by organisations, such as the UNESCO, government’s strategies aimed at increasing ‘survival’ to Grade 12, are multi-pronged; with a special emphasis on dealing with the effects of poverty and on improving learning and teaching in the classroom.  The following can be considered key initiatives behind past reductions in dropping out, and likely drivers of future improvements in this regard:

  • The National School Nutrition Programme (NSNP). This intervention encourages children to attend school, and promotes learning by reducing levels of hunger and malnutrition, which inhibit successful learning.
  • No fee schools. This longstanding intervention ensures that children and youths in poorer communities are not prevented from attending school due to the inability of the household to pay for school fees.
  • Policies on teenage pregnancies. Government Notice 704 of 2021 formalised policy on the protection of the schooling of pregnant learners. Among females aged 16 to 18, around 10% did not attend school due to pregnancy, according to the 2019 GHS.
  • Ongoing strengthening of the Curriculum and Assessment Policy Statement (CAPS). A more focussed curriculum is one reason that has been put forward as a reason for past improvements in South Africa’s performance in international testing programmes – see the Department’s Action Plan to 2024.
  • Efforts aimed at improving learning in the early grades. A key government priority is improving reading, and learning and teaching in general, in the early grades. Several interventions contribute towards this, including the shift in the responsibility for pre-schooling from the social development sector to basic education, the Early Grade Reading Study and associated teacher development innovations, and the introduction of the Systemic Evaluation.
  • Special examination preparation support for Grade 12 learners. Activities here, aimed largely at ensuring that learners leave school with the NSC, include the so-called winter schools.
  • The expansion of the learner-level enrolment and attendance monitoring systems. The Learner Unit Record Information and Tracking System (LURITS), the SA-SAMS school management system and the partnership-driven Data Driven Districts (DDD) initiative have all contributed to a more robust approach to monitoring exactly where in the country dropping out is occurring. These systems proved invaluable for providing information on, for instance, where children were not returning to school during the pandemic.

09 November 2022 - NW3672

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Madokwe, Ms P to ask the Minister of Mineral Resources and Energy

(1)Noting that the Republic has been facing an energy crisis, frequent load shedding and uncertainty from Eskom and his department as to when the country will reach stability again, what initiatives, outside opening bids for private entities and/or collaborations, have been started by the Government to build the Republic’s green energy industry, (2) whether he has found that the current reliance on Independent Power Producers and opening bids is the Government’s way of shifting some of its responsibilities to services providers and the private sector and thus dismantling the Republic’s sovereignty; if not, what is the position in this regard; if so, what are the further, relevant details?

Reply:

  1. Through the National Energy Crisis Committee (NECOM) established by the President of the Republic, short – medium term initiatives are being pursued to bring online both renewable and non-renewable energy-based power generation technologies. With regard to building “the Republic’s green energy industry”, outside opening bids for private entities and/or collaborations, limits on the maximum power that can be generated and traded through bilateral arrangements without the need to apply for a license from the National Energy Regulator of South Africa are in the process of being removed; and shopping centres, households and mines are now at liberty to generate and sell excess green power from rooftop and/or utility scale PV installations through necessary wheeling arrangements.
  2. Through the national power utility, electricity generation largely remains, and will remain for the foreseeable future, in the hands of government. Therefore, the Government is not shifting some of its responsibilities to services providers and the private sector in a manner that dismantles the Republic’s sovereignty. However, to competitively trade in the global market, South Africa needs to keep pace with global developments such as the liberalisation of the electricity market, that being done without compromising its developmental imperatives. In response to this global trend of market liberalisation, government is facilitating, through a regulated procurement programme, carefully managed participation of Independent Power Producers in the electricity generation space.

09 November 2022 - NW2612

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Marais, Mr S to ask the Minister of Defence and Military Veterans

(1) Whether, with reference to her reply to question 936 on 18 March 2022, the Inspector-General of the SA National Defence Force (SANDF) has completed the investigation referred to in her reply; if not, why not; if so, what steps have been taken to account for the money spent on SANDF and/or government property; (2) What are the requirements and regulations of the Public Fiance Management Act, Act 1 of 1999 (PFMA), the Auditor-General of South Africa (AGSA) and the National Treasury with regard to the use of non-public funds; (3) whether all the requirements and regulations of the (a) Public Finance Management Act, Act 1 of 1999 (PFMA), (b) the Auditor-General of South Africa (AGSA) and (c) the National Treasury have been complied with; if not, what is the position in this regard; if so, what are the relevant details; (4) whether any funds from her department’s annual budget are appropriated to any entity, military base, army support base garrison and/or beneficiary to commercialise military units and/or bases; if not, what is the position in this regard; if so, (a) how are the appropriated public funds accounted for and reported to (i) the AGSA, (ii) National Treasury and (iii) Parliament and (b) what are the further relevant details in this regard?

Reply:

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09 November 2022 - NW3587

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Luthuli, Mr BN to ask the Minister of Trade, Industry and Competition

Whether any trade agreements were signed and/or agreed to at the 9th session of the South Africa-Saudi Arabia Joint Economic Commission; if not, why not; if so, what are the relevant details?

Reply:

No trade agreements were signed at the recent South Africa-Saudi Arabia Joint Economic Commission (JEC) meeting held in Pretoria on 3-4 October 2022.

The JEC was convened inter alia in order to prepare the work for the planned State Visit to Saudi Arabia subsequently undertaken by President Ramaphosa on 15-16 October 2022, at which several economic cooperation agreements were signed. The JEC was therefore a useful clearing-house and opportunity to identify the status of negotiations on such proposed agreements.

-END-

09 November 2022 - NW3330

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De Villiers, Mr JN to ask the Minister of Trade, Industry and Competition

Given that the contribution of the small, medium and micro enterprises (SMME) sector to the national gross domestic product is 34%, what is the share contributed by each industry to the total value added by the SMME sector?

Reply:

South Africa’s official statistical agency is Statistics South Africa (StatsSA) and it is responsible for calculating South Africa’s national gross domestic product (GDP). I am advised that StatsSA does not publish data in the form requested by the Honourable Member.

-END-

09 November 2022 - NW2645

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Shelembe, Mr ML to ask the Minister of Defence and Military Veterans

(1) With reference to her reply to question 821 on 22 April 2022, regarding the men and women in the Reserve Force and the Military Veterans who honoured the Presidential call to report for work at Umzimvubu Military Base to assist during the July 2021 riots in KwaZulu-Natal, wherein it is stated that the South African Army has started investigating the matter to resolve the situation, and that a Board of inuiry has been instituted and as soon as it is concluded the outcome will be provided to the Minister for further actions, and in view of the specified men and women have been waiting for their payment for more than a year, some of whom have passed on, on what date (a) was the specified investigation institute and (b) is the finalization of the investigation envisaged?

Reply:

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08 November 2022 - NW3954

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Van Zyl, Ms A M to ask the Minister of Home Affairs

(1)What (a) amount does his department owe to the (i) Walter Sisulu Local Municipality and (ii) Senqu Local Municipality, (b) is the age analysis in each case on monies owed and (c) are the details of the (i) building and (ii) use thereof; (2) whether his department has any plans in place to address the debts; if not, why not; if so, what (a) plan and (b) are the time frames in which the debt will be settled?

Reply:

(1)&(2)

The Department of Home Affairs (DHA) does not owe Walter Sisulu Local Municipality and Senqu Local Municipality any money for rates and services. In this regard, please note that the municipal accounts for rates and services in respect of buildings occupied by the DHA are managed and paid for by the Department of Public Works and Infrastructure (DPWI). The DHA reimburses the DPWI on a monthly basis for such expenditure.

END

08 November 2022 - NW3064

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Msane, Ms TP to ask the Minister of Human Settlements

(a) What is a total number of service providers that have been blacklisted for shoddy workmanship on Reconstruction and Development Programme houses in the past 10 years, (b) who are the directors of the companies that have been blacklisted and (c) what vetting process are in place to assess service providers who want to engage in work with the Government?

Reply:

The National Department is currently in the process of profiling service providers that have been blacklisted by the National Treasury and contractors who may be involved in illegal activities or defaulted in contracts in the conducting of business with all spheres of government.

a) There are no contractors that have been requested by the National Department of Human Settlements to be blacklisted.

b) Not applicable based on (a) above.

c) The process of vetting of service providers in the Department and Provincial Departments of Human Settlements must include the following aspects;

  1. Ensure all contractors are registered in the Central Supplier Database
  2. Ensure all contractors are tax compliant
  3. Ensure that contractors have a valid CIDB status
  4. Ensure that contractors have disclosed all interests in line with appropriate SBD forms
  5. Ensure that contractors are not previously blacklisted from doing business with the state
  6. Submission of relevant BBB-EE score cards to ensure calculation of points as per the relevant supply chain management prescripts
  7. In the case of construction of a house, the service provider has a National Home Builders Regulatory Council (NHBRC) certificate as proof of enrolment before any commencement of construction.
  8. All applicable and relevant processes and procedures as per SCM prescripts are followed, adhered and complied with.

08 November 2022 - NW3471

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

What total number of notices of birth were issued by his department to migrants who have given birth in the Republic in the past 10 years?

Reply:

The Department does not keep statistics of the manually issued notices of birth to migrants as there’s no provision on the National Population Register (NPR) to register such notices.

The Live Capture birth register module has been designed to capture such information in the future once birth registration migrate from NPR to Live Capture.

END

08 November 2022 - NW3928

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Msane, Ms TP to ask the Minister of International Relations and Cooperation

What were the outcomes of her and/ or her department’s engagement with Zimbabwe on the conduct of the Member of the Executive Council of Health in Limpopo, regarding her inhumane treatment of a Zimbabwean female patient who was awaiting surgery?

Reply:

Following the comments to a Zimbabwean patient by Dr Phophi Ramathuba, MEC for Health in Limpopo, that appeared in a video clip recorded in Bela Bela hospital, His Excellency, Mr DD Hamadziripi, Zimbabwean Ambassador to South Africa has had engagements with my Department on this matter.

In discussions between my Department and Zimbabwe’s Ambassador to South Africa, both sides agreed that the concerns raised by the MEC should be discussed through existing diplomatic channels and existing bilateral mechanism instruments as contained in the Bi-National Commission Agreement.

Both parties agreed that the Bela Bela incident should not be looked at in isolation but holistically as a problem that both our governments need to urgently address to the benefit of both our peoples.

In addition, my Department reminded Ambassador Hamadziripi of the continued collaboration that South Africa and Zimbabwe has with each other within the context of the Agreement on Health Matters.

It should further be noted that the National Department of Health issued a statement on 24 August 2022 regarding this matter. Furthermore, President Ramaphosa also addressed this matter during his oral replies to the Q and A Session of Parliament held in the National Assembly on 30 August 2022.

08 November 2022 - NW3251

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Mokgotho, Ms SM to ask the MINISTER OF HUMAN SETTLEMENTS

Which steps of intervention have been taken in ensuring that houses and toilets built for residents of Ba-Phalaborwa Local Municipality also accommodate persons living with disabilities?

Reply:

The Limpopo Provincial Department of Human Settlements has committed itself to ensuring that houses and toilets that are constructed do accommodate specifications for persons living with disabilities throughout the Province. It has indicated that in terms of the National Building Regulations, the departmental house layout includes the house plan for persons with disabilities as guided by the applicable SANS 10400 Part S providing specifications for both houses and toilet facilities.

Furthermore, the Limpopo Provincial Department of Human Settlements has also undertaken to ensure that the above specifications are adhered to and that both houses and toilet facilities built for residents in the Ba-Phalaborwa Local Municipality do accommodate persons living with disabilities.

08 November 2022 - NW3844

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Abrahams, Ms ALA to ask the Minister of Police

In light of the fact that the age consent in the Republic is 16 years old, therefore it is against the law for anyone to have sex with someone who is under 16 and constitutes a statutory rape with exceptions (details furnished), and noting teenage pregnancies in the Republic with girls as young as nine years old giving birth, which is a cause of concern, in the period 2018 up to the latest specified date for which information is available, what is the total number of (a) statutory rape cases opened (b) cases dismissed and/or acquitted as a result of poor and/or incomplete investigations by the SA Police Service, (c) cases withdrawn by the victim and/or victim’s family and (d) cases still under investigation for statutory rape in each province?

Reply:

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08 November 2022 - NW3695

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Mogale, Mr T to ask the Minister of Human Settlements

What total number of social housing schemes are currently(a) under her department,(b) being planned and/or (c) under construction? (NW 4524E)

Reply:

​a) There is a total of 194 completed and tenanted social housing projects representing a portfolio of 42 797 units as at end March 2022

b) The pipeline of new social housing projects planned and not yet approved include seventy-eight (78) projects with the potential for delivery of 46 646 social housing units.

c) Fifty-three (53) social housing projects with 25 891 social housing units have been approved and are at different stages of construction.

08 November 2022 - NW3979

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Mileham, Mr K to ask the Minister of International Relations and Cooperation

Whether the Republic intends to renew the Treaty on the Grand Inga Hydropower Project with the Democratic Republic of the Congo; if not, what is the position in this regard; if so, what provision will be made by her department for public input regarding the opinion that must be obtained from the State Law Advisors as to the specified agreement’s consistency with domestic law and international obligation?

Reply:

The Department of International Relations and Cooperation’s Office of the Chief State Law Adviser OCSLA(International Law) has not received a request for legal advice on the Renewal of the Treaty on the Grand Inga Hydropower Project with the Democratic Republic of the Congo.   The responsible Department, namely, the Department of Mineral Resources and Energy would be best placed to provide an answer on the policy decision to be taken to renew the Treaty.

08 November 2022 - NW3601

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Graham, Ms SJ to ask the Minister of Agriculture, Land Reform and Rural Development

Whether there is a State Veterinarian allocated to the Dr Beyers Naudé Local Municipality; if not, why not; if so, (a) who is the State Veterinarian, (b) where will the State Veterinarian be based, (c) on what date was he or she appointed and (d) what are the responsibilities and duties of the State Veterinarian;

Reply:

1. Yes.

a) Dr Roaul Strydom.

b) Graaff-Reinet.

c) He was appointed in December 2006.

d) A state veterinarian is responsible for disease control, facilitation of veterinary international trade, veterinary public health as well as animal welfare amongst other things.

2. Many factors are considered when establishing a new state veterinary office including, but not limited to the number of livestock, number of farms and sometimes homesteads and farms, risk of disease incursion, number of establishments that need to be inspected, and even exports certification that may happen from that area.

3. There is already a state veterinarian in the specified municipality. The details are:

Graaff-Reinet SVA

Petrus de Klerk Building, 15-31 Bourke Street,Graaff-Reinet,6280

Dr Roaul Strydom

Chief State Veterinarian

Office: 049 892 2970

Cell : 0828308307

Email: [email protected]

   

Lizelle Nutt

Office: 049 892 2970

Cell : 0728291511

Email: [email protected]

4. Each district has a dedicated Deputy Director: Veterinary Services who is a state veterinarian, who ensures that services are provided in the district. The contact details are attached as Annexure A.

08 November 2022 - NW3696

Profile picture: Mogale, Mr T

Mogale, Mr T to ask the Minister of Human Settlements

What total (a) amount of the budget was allocated for the residential relief programme for tenants affected by COVID-19 lockdowns and (b) number of tenants (i) benefitted from the relief programme nationally and (ii) from Thembelihle in Tshwane were beneficiaries of the programme; (2) whether she has been informed of the hostile relationship between the managing agency and the tenants in Thembelihle; if not, what is the position in this regard; if so, what steps have been taken to resolve issues raised by the tenants in relation to excessive billing by the private metering companies?

Reply:

1. (a) A total of R300 million was allocated for the rent relief programme for tenants affected by the impact of the National State of Disaster on COVID-19.

(b) Based on information received from the Social Housing Regulatory Authority (SHRA), two hundred and one (201) households have benefitted nationally from the programme. In addition, post-March 2022 applications have been reassessed based on further revisions to the policy in February 2022, based on representations to the Minister. Thus, an additional two hundred and eight (208) households have been approved to benefit from the programme, subject to the approval of the retention of the surplus by the National Treasury.

(2) A Memorandum was submitted in June 2020 to Yeast City Housing which developed and managed the Thembelihle Village Social Rental Project and these required several interventions, which are in various stages of agreement and resolution. This included cancelling the contract Sand’s several interventions were actioned. This included cancelling the contract of a utility billing service provider, procuring the prepaid metering systems, installation of biometric access systems, and instituting legal process cases for non-payers and instigators of violence in the Thembelihle Village Social Rental Housing project.

Additional Information on the Thebelihle Village and Landlord Dispute

The current hostility is caused by some tenants who do want to comply with the provisions of their lease agreements signed with the Social Housing Institution, namely Yeast City Housing, when they rented the units at Thembelihle Village in the City of Tshwane between 2018 and 2020 the billing of utilities was outsourced. Yeast City Housing did not have the resources and capabilities to undertake the billing function. The rates charged aligned with the charges by the City of Tshwane to its residential customers (although this was challenged).

From October to December 2020 some tenants boycotted the project and destroyed equipment, intimidated staff, and tampered with the meters. The service provider was forced to resign, and some tenants were found by the Court to have caused the violence and tampered with the meters and given five (5) year suspended prison sentences.

Yeast City Housing staff now undertake meter readings, and the calculations of the amount payable is outsourced and currently, tenants appear to be satisfied as the billing is done in accordance with the rates per unit prescribed by the Municipality (City of Tshwane). However, as at 31 March 2022 the tenants owe Yeast City Housing R17 million (rental arrears) and also did not pay for utilities, which results in the City of Tshwane being owed R9, 9 million. The City disconnected water and electricity due to non-payment of the arrears and tenants again became agitated damaging the company’s property and intimidating the staff.

Tenants requested prepaid electricity meters (at a cost of approximately R5 million) and Yeast City Housing agreed to this. However, the equipment is held by the supplier, which is the City of Tshwane and cannot be installed before payment of 60% of outstanding arrears of 9, 9 million (which is approximately 5, 5 million) of the municipal arrears and payment arrangements for the remainder.

This was communicated to the tenants on 31 March 2022, but tenants remain unwilling to pay and legal action has been initiated against the tenants who refuse to pay their rentals and the outstanding utilities. The Local Ward Councillor, Cllr. Conride Ngoveni, is fully aware of the situation and was also involved in the negotiations for the tenants to pay their arrears.

08 November 2022 - NW3132

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Gumbi, Mr HS to ask the Minister of Agriculture, Land Reform and Rural Development

Whether she has been informed of the land invasion at Buildfontein farm on the D615 which is owned by her department; if not, why not; if so, (a) on what date did the land invasion start, (b) what steps has her department taken to protect the specified property and (c) who is the intended beneficiaries of the property; (2) whether there is truth in the statement by the Greater Kokstad Municipal Manager, Mr S R Zwane, that her department has applied for an urgent court interdict to prevent the land invasion; if so, what are the relevant details of the status of the interdict; if not, (3) whether her department has considered an urgent interdict; if not, why not; if so, (a) what are the reasons that her department did not proceed with the application and (b) how will her department compensate the intended beneficiaries; (4) whether she and/or her department has been informed that on 12 December 2017, the acting Director-General confirmed that a certain person (name furnished) is the beneficiary of the property; if not, why not; if so, what are the relevant details; (5) whether she was informed that the Department of Agriculture confirmed during a sight visit on 8 March 2018 that the same farm was under attack in another effort for a land invasion; if not, why not; if so, what steps did she take at this point to protect the property?

Reply:

1. Yes.

(a) The exact land invasion start date cannot be determined; however the Department of Agriculture, Land Reform and Rural Development (DALRRD) noticed land invasions on 9 March 2020 while conducting routine property inspection.

(b) DALRRD opened a case at Franklin Police Station and approached the State Attorney to get an urgent court interdict to stop the invaders.

(c) The intended beneficiaries of the property will be identified by the beneficiary selection process pending finalization of the farm eviction process.

2. Yes. DALRRD through the Office of the State Attorney has appointed an advocate who has drafted an urgent application on 7 October 2022 to place the matter on the court roll.

3. Yes.

(a) DALRRD applied for an urgent interdict to evict the invaders and is proceeding with the application. The Case Number for the interdict is 13523/22P and is set down for an interim order; the Prevention Of Illegal Eviction Act, 1998 (Act No. 19 of 1998) (PIE) application is under Case Number 13528/22P.

(b) The interdict to evict the invaders is intended to pave way for the prospective beneficiary to take full occupation of the farm and participate in commercial farming.

4. No. DALRRD has no knowledge or record of this matter, and the person (name furnished) is not traceable, therefore the Department is not in a position to respond to this question.

5. No. There is no communication or report related to any inspections of 8 March 2018 indicating any land invasion.

08 November 2022 - NW3685

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Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development

In each (a) province and (b) district in the Republic, what is the (i) total number, (ii) race and (iii) age of (aa) women and (bb) young person whose agricultural products or produce found markets in various SA Development Community states in the past three financial years?

Reply:

(a),(b)(i),(ii),(iii),(aa),(bb) Please refer to the table below.

(a) Free State Province

(b)District

(aa) No of Women

(iii) Age

(ii)

Race

(bb) No of Young People

(iii) Age

(ii) Race

Mangaung Metro

0

-

-

0

-

-

Fezile Dabi

0

-

-

0

-

-

Xhariep District

1

61

Coloured

1

36

Black

Thabo Mofutsanyana District-Makholokoeng FPSU

18

25-68

Black

8

25-35

Black

Lejweleputswa District

56

25-70

Black

17

25-35

Black

TOTAL

75

-

-

25

-

-

(a) Gauteng Province

(b) District

(aa)No of Women

(iii) Age

(ii) Race

(bb) No of Young People

(iii) Age

(ii) Race

City of Tshwane

0

0

0

1

35

African

TOTAL

-

-

-

1

-

-

(a) Limpopo Province

(b) District

(aa) No of Women

(iii) Age

(ii) Race

(bb) No of Young People

(iii) Age

(ii) Race

Mopani

0

n/a

n/a

0

n/a

n/a

Vhembe

0

n/a

n/a

0

n/a

n/a

Sekhukhune

0

n/a

n/a

0

n/a

n/a

Waterberg

1

45

African

0

n/a

African

Capricorn:

2

29-56

African

4

29-33

African

TOTAL

3

-

 

4

-

-

(a)Mpumalanga Province

(b) District

(aa) No of Women

(iii) Age

(ii) Race

(bb) No of Young People

(iii) Age

(ii) Race

Ehlanzeni District

Nkomazi Vegetable FPSU

482

35 -62

Black

187

24 - 35

Black

Ehlanzeni District

Nkomazi Cotton FPSU

401

36 and older

Black

82

18-35

Black

Ehlanzeni District

Huntington FPSU

48

35- 64

Black

25

25-35

Black

Ehlanzeni District

Thulamahashe

193

21-75

Black

56

21-35

Black

Ehlanzeni District Malelane/Nkomati FPSU

220

36 and older

Black

7

18-35

Black

Nkangala District-Sybrandskraal FPSU

45

27-55

Black

19

22-30

Black

Nkangala District-Kameelrivier FPSU

33

30-55

Black

17

25-30

Black

Gert Sibande - Dundonald FPSU

125

18-60

Black

17

19-35

Black

Gert Sibande – Mkhondo FPSU

80

18-60

Black

15

19-35

Black

TOTAL

1627

   

425

   

(a)North West Province

None

(a)Northern Cape Province

None

(a)Western Cape Province

None

(a)Eastern Cape Province: None

None

(a)KwaZulu-Natal Province

None

 

08 November 2022 - NW3876

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Mulder, Dr CP to ask the Minister of International Relations and Cooperation

Whether she will confirm reports from her department and the Iranian media that the Government will be welcoming the President of the Islamic Republic of Iran, Ayatollah Dr Seyyed Ebrahim Raisi Ebrahim, and other Iranian Delegates to the Republic ; if not, what is the position in this regard; if so, what is the date of the meeting; (2) Whether, considering that the Islamic Republic of Iran is currently under sanctions from countries in Europe and America, she has found that the engagement with the Islamic Republic of Iran puts the Republic of South Africa at odds with our key trading partners and puts agreements such as the African Growth and Opportunity Act trade agreement at risk; if not, what is the position in this regard; if so, what are the relevant details in each case; (3) Whether, considering that the Iranian regime ascribes to values that are diametrically opposed to the principles *on which the Constitution of the Republic of South Africa, 1996, is based, such as democratic, egalitarian principles and women’s rights, her department has found that the specified visit could undermine the fight against gender – based violence in the Republic and around the world; if not, what is the position in this regard; if so, what are the relevant details; (4) What is the position of the Republic on the repression of women’s rights by the Islamic Republic on the repression of women’s rights by the Islamic Republic of Iran; (5) Whether she will make a statement on the matter?

Reply:

1. An invitation was extended by President Ramaphosa to the former President of the Islamic Republic of Iran, Dr Hassan Rouhani to undertake a State Visit to South Africa in 2020. However, due to the COVID-19 pandemic, the visit did not materialise. Following the elections in Iran in June 2021, an invitation was extended to the new Iranian President, Dr Raisi, to undertake a State Visit to South Africa in 2023. The exact dates for the State Visit are yet to be confirmed and mutually convenient dates are being discussed through diplomatic channels.

Dr Hossein Amir-Abdollahian, the Minister of Foreign Affairs of the Islamic Republic of Iran, will participate in the 15th Session of the South Africa-Iran Joint Commission of Cooperation (JCC), which will be hosted in South Africa on 29 November 2022. The previous Session of the JCC was held in 2019 and could not convene in 2020 or 2021 because of COVID-19.

2. South Africa honours United Nations sanctions in keeping with the traditional Non-Aligned Movement (NAM) and African Union (AU) positions of not recognising unilateral coercive measures. In this regard, South Africa does not recognise the unilateral and secondary sanctions imposed by countries outside of the United Nations sanctions mechanisms. However, South Africa is mindful of the impact thereof on its political and economic engagements and the relevant stakeholders. Furthermore, South Africa conducts its bilateral relations within the context of international law and in the context of the relevant international organisations such as the World Trade Organisation.

3. A State Visit by President Raisi to South Africa will allow for engagement at the highest political level with the objective of strengthening bilateral relations and exchanging views on a number of political, economic and social issues including issues on human rights as South Africa will serve as a member of the Human Rights Council from 2023. Sectoral visits to Iran earlier this year in May, August and October already focused on policies and programmes by the two countries to support women empowerment. In this regard, I am of the view that an engagement between the two Presidents could enrich the efforts of both countries towards the empowerment of women. A delegation from South Africa participated in the 2nd Session of the South Africa-Iran Structured Dialogue Forum on Human Rights held in Iran, Tehran from 3 - 4 October 2022.

South Africa welcomed the Joint Comprehensive Plan of Action (JCPOA) when it was adopted in 2015, between Iran and the United States of America, the United Kingdom, France, Russia, China, and Germany (the P5+1 countries) as well as the European Union (EU). South Africa noted that the JCPOA was probably the most important diplomatic achievement in the area of nuclear non-proliferation since the signing of the Comprehensive Nuclear Test-Ban Treaty (CTBT). United Nations Security Council (UNSC) Resolution 2231 (2015) endorsed the JCPOA and lifted all nuclear-related sanctions against Iran.

However, in May 2018, the US - under the administration of former President Donald Trump –unilaterally withdrew from the JCPOA and re-imposed all US sanctions lifted under the agreement. This has tentatively remained the status quo under President Biden, with the US preferring to negotiate with Iran on the terms of its return to the JCPOA. This follows Iran’s approach (in response to the US withdrawal) to gradually reduce its compliance with the JCPOA in the face of the US’s enforcement of punitive sanctions against it, in a quid pro quo manner. The other parties to the JCPOA have also been involved in efforts to determine the terms under which both the US and Iran would return to compliance with the agreement.

South Africa has strongly supported the talks taking place between Iran and the United States and continues to encourage all Parties, especially the United States and Iran, to undertake every effort to reinstate the Plan of Action in full and without delay. South Africa reiterates that given the current outstanding issues on the agreement, only strong political will on the side of Iran and the United States to reach an agreement, can break the deadlock.

4. We are concerned about discrimination and oppression based on race, sex, gender, sexual orientation, religion and origin as outlined by our Constitution. In this regard, South Africa makes its views heard in different forums, depending on the context and individual incidents. We will engage with Iran on concerns we have regarding discrimination and violence against women.

5. No.

08 November 2022 - NW3439

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Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development

(1) By what date will she verify figures given on the number of claims (a) lodged, (b) settled and (c) outstanding on labour tenants land claims; (2) whether a credible database exists which can verify such numbers; if not, why not; if so, what are the relevant details?

Reply:

(1)(a),(b),(c) The verification process on the applications received was undertaken in 2001 by the Department of Agriculture, Land Reform and Rural Development (DALRRD) through the appointment of service providers, HSK Simpson and Lima.

2. Yes. The outcome of the verification process resulted in the database that is being used by DALRRD in processing the labour tenant claims decentralized in all affected provinces.

07 November 2022 - NW3579

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Sithole, Mr KP to ask the Minister of Tourism

(1) What noteworthy points were derived from the Dubai’s Department for Economy and Tourism’s first roadshow to South Africa in two years; (2) whether (a) SA Tourism and (b) Brand South Africa benefited from the roadshow; if not, why not, in each case; if so, what are the relevant details in each case?

Reply:

  1. and (2) The Roadshow was a mission to South Africa by UAE authorities. It would therefore not be prudent for South Africa to respond on the details of the mission.

 

07 November 2022 - NW4016

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Winkler, Ms HS to ask the Minister of Public Works and Infrastructure

(a)What outstanding amounts are owed by her department in KwaZulu-Natal (KZN) to the Msunduzi Local Municipality in terms of outstanding rates for schools in the specified municipality, (b) what payment arrangements has been entered into with the municipality to honour monies owed for the specified schools, (c) what are the time frames for such arrangements, (d) has the municipality acknowledged the payment arrangements or refused the payment arrangements, and (e) what engagements has she had with the municipality to address constant school disconnections due to monies owed by her department?

Reply:

The Minister of Public Works and Infrastructure:

With regard to outstanding amounts that are owed by schools in KwaZulu-Natal (KZN) to the Msunduzi Local Municipality in terms of outstanding rates for schools in the specified municipality; payment of municipal rates for schools is not in the purview of the National Department of Public Works and Infrastructure, therefore this question can be best responded to by our sister department/s, Department of Basic Education and/or Department of Higher Education and Training, respectively.

07 November 2022 - NW3543

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De Freitas, Mr MS to ask the Minister of Tourism

(a) What tourism marketing strategies aimed at international markets have taken place, (b) where did the specified marketing take place, (c) what criteria were used to select where marketing would take place, (d) who were the partners in this regard, (e) what criteria were used as to which partners would be used, (f) on what dates did the marketing take place and (g) at which tourism markets were the tourism strategies aimed in each (i) of the past three financial years and (ii) case?

Reply:

a) What tourism marketing strategies aimed at international markets have taken place?

The marketing strategies in key source markets are focused on delivering brand positioning campaigns to both consumers and the distribution channel (traditional tourism trade partners and non-traditional partners). These are designed to improve South Africa’s brand strength by creating awareness of the destination and its value proposition and by also showcasing value for money products, experiences and attractions.

Key strategic focus areas are:

(i) Consumer acquisition through:

  • the localising of the global marketing campaign.
  • optimising marketing investment through targeted and focused interventions in the selected markets.

(ii) Distribution channel strengthening and innovation through:

  • implementation of engagement initiatives to reconnect and maintain relationships with trade.
  • formation of strategic partnerships that offer opportunities, affinity and scale.
  • partnering with relevant stakeholders for ease of travel facilitation.

(iii) Supporting the transformation of the sector by:

  • diversifying of product offering in market to include SMMEs, the youth and Women in Tourism.
  • providing market access platforms for them to enter the market.

b) Where did the specified marketing take place?

South African Tourism has offices in 9 countries, globally operating as regional hubs servicing 24 key source markets and watchlist markets.

SA Tourism Country Offices

Countries They Service

South Africa Head Office

Central, East and Land Africa Hub: Zambia, Malawi, Kenya, Mozambique, Zimbabwe, Eswatini, Lesotho, Botswana, Namibia

Nigeria Office

West Africa Hub: Nigeria and Ghana

North America Office

USA and Canada

South America Office (GSA)

Brazil

Germany Office

Germany, Austria and Switzerland

UK Office

UK and Ireland

France Office

France, Spain, Italy and Portugal

Netherlands Office

Netherlands, Belgium, Sweden

India Office

India

China Office

China

Japan Office

Japan

Australia Office

Australia and New Zealand

c) nWhat criteria were used to select where marketing would take place?

In early 2020, South African Tourism initiated a revision of the Marketing Prioritisation and Investment Framework, using 2019 as the base year to review the portfolio. The framework made use of 33 variables related to performance, outlook, South Africa’s ability to win in the market, return on past investments, and other criteria. A total of 24 markets were identified for prioritisation and were segmented into 16 growth and 8 defend markets, with an additional set of watchlist markets.

d) Who were the partners in this regard?

In collaborating with the distribution channel, SA Tourism maintains relationships with the channel partners already selling South Africa in market to help defend our market share (2019 levels). SA Tourism also taps into the growth opportunities created through the expansion of the distribution channel and the leveraging of e-commerce platforms and non-tourism partners.

e) What criteria were used as to which partners would be used?

SA Tourism has a partnership policy and partnership framework that guides the organisation on partnerships.

f) On what dates did the marketing take place?

SA Tourism’s marketing plans are approved annually for implementation between 01 April to 31 March fiscal period.

g) At which tourism markets were the tourism strategies aimed in each (i) of the past three financial years and (ii) case?

(i) and (ii) Tourism marketing strategies are targeted at the SA Tourism source markets as defined by the SA Tourism Investment Framework of 2020.

07 November 2022 - NW3870

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Van Zyl, Ms A M to ask the Minister of Basic Education to ask the Minister of Basic Education

Whether her department has put any mechanisms in place to ensure that provinces transfer the full amount allocated to schools in the various quintiles in terms of the National Norms and Standards for School Funding as gazetted annually; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Department of Basic Education (DBE) confirms the allocations to schools through telephonic surveys and physical monitoring in schools. To support and corroborate information provided by schools, the schools surveyed are also required to provide copies of the allocation letters they received, as well as copies of bank statements reflecting transfers received. The findings, and areas of non-compliance, are communicated to Members of the Executive Council (MECs) wherein, they also requested to ensure that, where applicable, the necessary corrective measures are implemented to aspects of non-compliance raised in the report.

07 November 2022 - NW3253

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Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) is the current status of her department’s 50/50 policy, (b)(i) total number of schemes were established under the programme and (ii) was the total cost and (c) are the details of each scheme, with regard to (i) the total amount of funds that the Government injected into the scheme over time and (ii) an assessment report of the agricultural enterprise in line with the original business plan approved by her department?

Reply:

(a) Department of Agriculture, Land Reform and Rural Development (DALRRD) is currently reviewing the 50/50 programme with a view to strengthening it.

(b)(i) Twelve (12) schemes were approved under the 50/50 programme.

(ii) R655 783 649.55.

(c)(i) Please refer to Annexure A.

(ii) None, since no such assessment was done.

07 November 2022 - NW3860

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Yabo, Mr BS to ask the Minister of Basic Education to ask the Minister of Basic Education

What is the (a) progress of the Vangasali campaign to register early childhood development centres and (b) target number for her department for the current financial year?

Reply:

(a) The Department of Basic Education (DBE) has continued to train provincial officials on Vangasali, to particularly capacitate all officials post the ECD function shift. To date, seven (7) provinces have been trained on the programme. For the two (2) outstanding provinces, training in the North West is scheduled to take place on 26 and 27 October 2022; while for Western Cape, it will take place early November 2022. These capacity-building sessions are meant to support provinces which continue to register ECD programmes as part of the Vangasali drive. 

(b) In total, provinces have targeted 6 361 ECD programmes to be registered for 2022/23 financial year.

07 November 2022 - NW3939

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Graham, Ms SJ to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       Whether any assessments have been done on the state of the infrastructure of the Luxolo Intermediate School in Aberdeen, Eastern Cape; if not, why not; if so, what are the relevant details of the findings; (2) whether any budgetary allocations have been made for (a) day-to-day maintenance, (b) upgrading of facilities and (c) cleaning; if not, why not in each case; if so, what are the relevant details in each case; (3) whether any staffing provision has been made at the school for (a) maintenance and (b) cleaning; if not, why not in each case; if so, what are the relevant details in each case?

Reply:

The question asked by the Hon Member is asking for information that is in the purview of the MEC for Education in the Eastern Cape Department  of Education, not the Hon Minister of Basic Education. The Hon Member is therefore advised to refer the question to the respective province.  

07 November 2022 - NW3590

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Cebekhulu, Inkosi RN to ask the Minister of Agriculture, Land Reform and Rural Development

Whether, in light of the cancelled beef and sheep abattoir construction project in Butterworth, any remedial action will be taken regarding the farmers who requested the financial assistance in order to recapitalise the dilapidated old tannery and transform it into an abattoir; if not, why not; if so, what are the relevant details; (2) whether an alternative project will be implemented; if not, why not; if so, what (a) are the relevant details and (b) consequence management measures will be implemented by her department in instances of wasteful expenditure emanating from the specified project?

Reply:

(1) No remedial action will be taken against the farmers as the beef and sheep abattoir construction project has not been cancelled but the contract with the appointed contractor was terminated due to challenges experienced in the project. After the contract was terminated, the Department of Agriculture, Land Reform and Rural Development (DALRRD) handed the project to the Eastern Cape Development Corporation (ECDC) to assist with the implementation. A Service Level Agreement (SLA) between DALRRD and ECDC was signed in May 2020 and work is in progress.

(2) No; the construction of the abattoir will continue. ECDC has appointed a Consultant to resuscitate and bring the project to completion. The Consultant is busy with the Condition Assessment and Cost Report to complete the project. A termination account will be concluded, and the contractor will be referred to termination penalty clauses as per the SLA.

(a),(b) Falls away.

07 November 2022 - NW3597

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

With reference to her reply to question 1952 on 11 July 2022, will she furnish Mr N P Masipa with (a) a detailed breakdown of the costs of cattle that were bought by her department for farmers in each province in the past 10 years, (b) information of the recipients of the cattle and farm names in each province in the past 10 years and (c) the relevant details of the conditions of the farms as it pertains to water rights, grazing capacity and veld conditions; (2) whether all farms are still in production; if not, (a) why not and (b) what is being done to resuscitate the farms. (3) whether there was additional support besides the provision of cattle; if not, why not; if so, what additional support was provided. (4) what (a) is the total number of applications that were received in each year in each province, (b) number of applications was declined and (c) were the reasons for declining the applications?

Reply:

(1)(a),(b) Please refer to Annexure A.

(c) For cattle farming, a farmer is not required to have water rights, especially where there is no need to augment feeds through planted pastures which are under irrigation. The farms that the Department of Agriculture, Land Reform and Rural Development (DALRRD) has supported rely on natural grazing. Where there is a need for additional feed due to discrepancies on the carrying capacity, farmers usually augment this with planted pastures done under dry land. As part of the support, farmers would be provided with summer and winter licks, beyond that, farmers would then have to bail grass and use it for feeding as well. When a business plan is developed, the number of animals that get approved is aligned to the carrying capacity of the farm.

(2) Yes; farms are still in production, however, at various levels, especially those that were supported during Recapitalisation and Development Programme (RADP) since they went through phases of drought.

(a),(b) Falls away.

(3) The support to these farms has been beyond just the provision of biological assets, in this case cattle. Additional support would include summer and winter licks, animal trailers, provision of on-farm infrastructure such as, fencing, boreholes, storage facilities, farm and labour houses, and operational costs, etc.

(4)(a),(b),(c) No applications were received. Since 2018 when the Land Development Support was introduced, DALRRD did not call for applications for support. DALRRD following the assessment conducted by the Entsika/Agricultural Research Council (ARC) identified and prioritised 262 farms that were categorised as medium and commercially viable to be supported. According to this system, support would then be provided to list of identified farms as per the categories mentioned earlier in line with the available budget and approved Annual Performance Plans (APPs.)

The model used by RADP never allowed for applications from individual farmers. However, the model was such that strategic partners would partner with the landowner selecting from the projects/ farms advertised. Later the model was expanded to include the mentorship programme to cover the farms that were not selected.

07 November 2022 - NW3941

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Graham, Ms SJ to ask the Minister of Basic Education to ask the Minister of Basic Education

What (a) total number of early childhood development (ECD) centres are registered in (i) Graaff-Reinet, (ii) Aberdeen, (iii) Nieu-Bethesda, (iv) Steytlerville, (v) Jansenville, (vi) Klipplaat and (vii) Willowmore and Rietbron in the Sarah Baartman District Municipality, (b) number of the specified ECD centres cater for people with disabilities and (c) number of learners are each of the ECDs registered for?

Reply:

The questions the Honourable Member has asked require information on a function which falls within the remit of the Member of Executive Council (MEC) of the Eastern Cape Provincial Education Department, and not the Minister of Basic Education. The Hon Member is therefore advised to submit the questions to the MEC for Education in the Eastern Cape. 

07 November 2022 - NW3541

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Sukers, Ms ME to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       In light of the pilot phase of the use of scripted lesson plans for Comprehensive Sexuality Education (CSE) which is drawing to an end and the previous research which has shown that the CSE programme was ineffective in addressing the sexual behaviour of students, what research (a) protocols have been built into the programme and (b) is being done to determine the effectiveness of the pilot programme; (2) whether her department will proceed to implement the CSE programme roll-out without research into the efficacy and/or impact of the pilot phase; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Department has been implementing CSE through Life Skills and Life Orientation learning arears since 2000. However, the assessment and classroom observation that were conducted by the late Dr Doug Kirby (one of the writers of the 2009 International Technical Guidance on Comprehensive Sexuality Education) revealed content gaps and low confidence to teach certain topics and content. In this regard, the DBE developed Scripted Lesson Plans (SLPs) as a teacher resource to address content gaps and assist educators to deliver age appropriate Sexuality Education whilst addressing the capacity issues. The content and topics presented in the  Curriculum Assessment Policy Statement are informed by research.

07 November 2022 - NW3953

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Van Zyl, Ms A M to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       Whether, with reference to her reply to question 2968 on 26 September 2022, she was guided by a legal opinion; if not, what is the position in this regard; if so, (a) what statutory provisions lead to her department’s position that is developing legislation and/or policy dealing with this phenomenon that will be institutionalising unfair labour practice; (2) whether she will furnish Ms A M van Zyl with details of (a) the specified statutory provision and (b) who and/or what informed her department to take the stance?

Reply:

 1. No, The Minister of Basic Education did not require legal opinion on whether the Department has any policy or legislation in place to deal with the displaced educators. The Department cannot make legislation or policy in this regard. A legal opinion cannot be sought based on the phenomenon that is fundamentally flawed. Educators who are forced out of the workplaces by communities on allegations that are not proven are treated unfairly because their labour rights are infringed.

Suggested (1) No. The Department has not identified any need to develop a specific policy or legislation on the matter. Displaced educators remain the employees of a Provincial Education Department that employed them and this follows an assessment and confirmation that the allegations against them are unproven and that they cannot be charged for misconduct of any kind. 

2. (a) There is no statutory provision with which the Minister could furnish the honourable Ms AM van Zyl as we have status that there is no policy or legislation in place that specifically deal with displaced educators.  

(b)  As indicated above, the phenomenon of pushing educators out of schools infringes on the teachers' rights and thus perpetuates unfair labour practice. Departments must find a way of investigating issues raised by the complainant in a fair and legal manner.

Suggested. (b) The Department is satisfied that the existing processes, practices and procedures are adequate to deal with instances of displacement that occur from time to time.

07 November 2022 - NW3907

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Siwisa, Ms AM to ask the Minister of Basic Education to ask the Minister of Basic Education

What are the relevant details of the steps that her department has taken to ensure the safety and security of teachers and learners within the confines of the schools?

Reply:

The steps that the Department has taken to ensure the safety and security of teachers and learners within the confines of the schools are:

  1. The  Department developed the National School Safety Framework  to assist schools in dealing and managing incidents of crime and violence, furthermore, it contains tools that assess physical security (safety audits) and learner safety surveys.
  2. The Department  further developed  the protocol that deals with incidents of corporal punishment and the Protocol for the Management and Reporting of Sexual Abuse and Harassment in Schools. 
  3. The Department signed a collaborative protocol with the South African Police Service to manage school-based crime prevention programmes. 
  4. The Quality Learning and Teaching Campaign (QLTC) assist in bringing parents and social partners to address the challenges faced by schools.
  5. All schools must have a learner code of conduct that each learner and their parent should sign.
  6. All schools must develop safety plans based on the audits conducted.

07 November 2022 - NW3849

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De Freitas, Mr MS to ask the Minister of Basic Education to ask the Minister of Basic Education

Whether, with reference to her replies to questions (a)(i) 734, (ii) 1429 and (iii) 1608 on 13 October 2020, (b) 1608 on 3 August 2020 and (c) 1427 on 13 July 2020, any response was received from the Gauteng Department of Education; if not, what has she found are the reasons that the replies have not been received yet?

Reply:

Gauteng Department of Education has only responded to question NA734 (See Attached). The information that the Hon Member is requesting on the questions reside with the MEC for Gauteng Department of Education. To obtain the remaining information, the Hon Member is requested to refer the questions to the MEC for Gauteng.  

07 November 2022 - NW3899

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Ngcobo, Mr SL to ask the Minister of Basic Education to ask the Minister of Basic Education

Whether, considering that her department promised a number of schools in Limpopo including the Ndzalama Primary School, Dingamanzi Primary School, Chameti Secondary School and Bvuma Primary School infrastructure projects years before the COVID-19 lockdown, and in some cases allocated funds for delivery of the specified projects, thereafter infrastructure projects were suspended indefinitely and school communities continued to suffer the consequences, her department will provide an audit of all schools in Limpopo and other provinces at which it promised infrastructure projects and/or started and subsequently suspended such projects indefinitely; if not, why not; if so, what are the (a) relevant details of funds allocated to unfinished projects and (b) reasons for the indefinite suspension of the projects?

Reply:

The question asked by the Hon Member is asking for information that is in the purview of the MEC for Education in Limpopo Department  of Education, not the Hon Minister of Basic Education. The Hon Member is therefore advised to refer the question to the respective province.  

04 November 2022 - NW3756

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Paulsen, Mr N M to ask the Minister of Forestry, Fisheries and the Environment

What was the total cost of the Online Application System for the Fishing Rights Allocation Process?

Reply:

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04 November 2022 - NW3807

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Brink, Mr C to ask the Minister of Forestry, Fisheries and the Environment

(1) What structures, buildings and memorials were erected and/or constructed in the Kruger National Park in the past 12 months; (2) what processes were followed by her department (a) on its own and (b) in conjunction with other departments to consult stakeholders, including local traditional leaders, prior to the erection of the aforementioned structures, buildings and memorials; (3) whether objections were received in respect of any of the specified structures, buildings and memorials; if not, what is the position in this regard; if so, how were the objections responded to?

Reply:

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04 November 2022 - NW3755

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Paulsen, Mr N M to ask the Minister of Forestry, Fisheries and the Environment:

Whether User Acceptance Testing was done on the online application system that was developed for ther Fishing Rights Allocation Process; if not, why not; if so, what are the relevant details?

Reply:

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04 November 2022 - NW3802

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Brink, Mr C to ask the Minister of Forestry, Fisheries and the Environment

(1) What places, structures, memorials and sites in the Kruger National Park have been renamed in the past 12 months; (2) what processes were followed by her department and/or in conjunction with other departments to consult stakeholders, including local traditional leaders, prior to the naming and renaming of the specified places, structures, memorials and sites; (3) whether there were any objections received to any of the specified decisions; if not, what is the position in this regard; if so, how were the objections responded to?

Reply:

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04 November 2022 - NW3754

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Paulsen, Mr N M to ask the Minister of Forestry, Fisheries and the Environment

What total number of appeals followed the completion of the Fishing Rights Allocation Process?

Reply:

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03 November 2022 - NW3778

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Yako, Ms Y to ask the Minister of Justice and Correctional Services

What is the nature of support that his department is providing to the Legal Aid lawyers considering the volume of the work that they have to deal with?

Reply:

The following are some examples of the support offered by the Department of Justice and Constitutional Development (Department) to Legal Aid South Africa (SA):

1) Governance

The Department, through the Minister’s representative in the Legal Aid SA Board, is constantly kept abreast about Legal Aid SA affairs including its challenges occasioned by mandatory budget cuts, and timeously provide advice and support. In addition, I also avail myself whenever the Board of Legal Aid SA requests my intervention.

2. Service delivery

a) Court Operations

  1. Legal Aid SA is a key player in all the Justice Cluster Efficiency Enhancement Forums (National Efficiency Enhancement Committee, Provincial Efficiency Enhancement Committee, Regional Efficiency Enhancement Committee, and Lower Courts Efficiency Enhancement Committee).
  2. Legal Aid SA also partakes in the Department’s Court Rationalization Meetings.
  3. Legal Aid SA ‘s lack of adequate resources and lack of relief component is considered in the coordination of Court operations.

b) Special Projects Resources Funding

Where required, the Department provides Legal Aid SA with funding to undertake various special delivery programmes projects, such as Backlog Courts, Sexual Offences Courts and Commercial Crimes Court along with other stakeholders.

c) New Land Mandate

(i) The Department played a key role in the coordination of transfer of Land Rights function from Department of Agriculture to Legal Aid SA.

(ii) The Department ensured that the transfer of function is implemented in line with the Department of Public Service and Administration and National Treasury transfer of function frameworks.

3. Finance and budgeting

a) Supported Legal Aid SA in its submission to National Treasury pleading for exemption from budget reduction which has a direct impact on the case load

b) Coordinates meeting between Security Cluster departments/entities with National Treasury wherein departments budgets are presented and considered.

c) Availed funds to Legal Aid SA for Special Commercial Crimes Courts

d) Coordinated the transfer of R33m to from the Department of Agriculture to Legal Aid SA to fund the establishment of the Land Rights Management unit. If these funds were not secured, then Legal Aid SA would have had to use its funds to establish the Land Rights Management Unit.

e) Spearheaded the Land mandate Medium Term Expenditure Framework Budget negotiations with National Treasury to ensure that the new mandate is adequately funded.

f) I have met with the Minister of Finance to present Legal Aid SA case on request for funding.

03 November 2022 - NW3727

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Horn, Mr W to ask the Minister of Justice and Correctional Services

What (a) caused the collapse of a part of the roof of the Magistrate’s Court in Potchefstroom on 21 September 2022 and (b) steps has he found should have been taken to prevent the specified roof collapse from occurring?

Reply:

a) The Potchefstroom Magistrate Court was constructed in 1986. The office has been attending to minor repairs of the building through day to day maintenance, with the assistance from Department of Public Works and Infrastructure (DPWI). The court building experienced roof leakages over time due to cracked and damaged roof tiles. Part of the roof over the court rooms and the cash hall collapsed due to rotten roof trusses and damaged roof tiles.

b) The court is old and should have been maintained regularly to prevent it from dilapidating. The lack of timeous maintenance is what caused the roof to leak and the trusses to rot and eventually cave in.

DPWI registered a project for repairs and renovations for the whole court facility. The contractor was appointed and site handover date was 27 February 2020, over a period of 18 months. The contract amount was R23 million. The challenge to the roof was identified on the project scope and also discussed in project meetings. The delays to the project were caused by the Covid-19 national shut down, which also affected the construction industry; labour unrests and intimidation by local business forum. Following negotiations and the involvement of the Police Special Task Force Team, the contractor is now back on site effective August 2022. Due to the fact that the court facility is occupied, the project is being executed in phases. The contractor is currently on site and working on the cordoned part of the building, where staff members were moved to other floors and other offices within the building. The contractor had not yet commenced work on the portion where the roof has collapsed, as it is in the middle of the structure, which made it difficult for the contractor to program the works to start in the middle of the building.

03 November 2022 - NW3638

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Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

What qualifications, formal and/or otherwise, are required for appointment as an interpreter in the (a) lower and (b) high courts; (2) whether any assessment of interpreters’ work is carried out in real time court situations; if not, why not; if so, what are the relevant details; (3) what training is provided for interpreters who work in specialised courts?

Reply:

1. (a) Qualifications requirement for entry Level 5 Court Interpreters is Grade 12 (Matric) or an equivalent qualification at NQF Level 4, and good proficiency in the Indigenous Languages of the area in question.

Qualifications requirement for Senior Interpreters is a National Diploma in Legal Interpreting at NQF Level 5, and three (3) years’ practical experience in court interpreting or Matric/Grade 12 or an equivalent qualification at NQF Level 4 and ten (10) years’ practical experience in court interpreting. The good proficiency in the Indigenous languages of the area in question will also be a requirement.

Qualifications requirement for Principal Interpreters is a National Diploma in Legal Interpreting and five (5) years’ practical experience in court interpreting, Matric/Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement

Qualifications requirements for Cluster Manager Language Service, is a National

Diploma in Legal Interpreting at NQF Level 5 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory Level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

Qualifications requirements for a Provincial Manager Language Service, is a Bachelor`s Degree/National Diploma in Legal Interpreting at NQF Level 6 and six (6) years’ practical experience in court interpreting, of which three (3) years should be at supervisory level, Grade 12 or an equivalent qualification at NQF Level 4. Good proficiency in the Indigenous languages of the area in question is also a requirement.

b) The Admission requirements into Court Interpreting in the High Courts is Grade 12 and a National Diploma in Legal Interpreting or equivalent relevant qualification, on NQF level 6. A minimum of three (3) years practical experience in Court Interpreting/ or Grade 12 and minimum ten (10) years’ practical experience in Court Interpreting.

2. Assessment of Court Interpreters is always carried out in a real time court by Language Service managers when Court is in session. There is a standardized assessment/evaluation tool that assesses skills such as listening, memory retention, pronunciation, knowledge of both the Source Language and the Target Language, and turn-around time in encoding and decoding the message conveyed, etc. The tool also assists in determining the skills gap, and also informs the required training interventions.

All court interpreters enter into a Performance Agreement on an annual basis and assessments are conducted with the respective supervisor’s mid-year and on an annual basis. In addition, the management of Court Interpreters (Principal Interpreter/Cluster Manager) conducts assessments in real time while the Interpreter is in court conducting interpretation.

3. Court Interpreters who are placed in Specialised Courts are currently being offered an In-House training by the Justice College on Expert Evidence. The Course content includes, but not limited to, Forensic Pathology, Cyber-crimes, Ballistics and Toxicology, and Advance Interpreting.

The Department is currently engaging Institutions of Higher Learning and the Judiciary to craft a specialised Training Curriculum for the Specialised Courts, to cover areas such as dealing with vulnerable groups, recently introduced pieces of legislation relating to commercial crimes and Human Trafficking and also understanding Court Procedures, Legal Concepts and their Interpretation.

Training needs are identified based on the requirements of the specific Specialised Court. Training has been provided in the area of Legal Interpreting and, Expert Evidence.

03 November 2022 - NW3628

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Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

(a) What court services have been affected following the collapse of the roof at the Potchefstroom Magistrate’s Court on 19 September 2022, (b) how has service delivery been affected within the specified court building, (c) how is the roof collapse impacting litigants, (d) what actions has his department taken to alleviate the negative service delivery effects of the roof collapse and (e) has the collapsed roof resulted in an increase in the court backlog?

Reply:

a) I have been informed that court services relating to maintenance, estates, small claims, cash hall where payment processes are done, clerk of the civil courts and the courtrooms for three (3) District Courts and two (2) Regional Courts, were affected.

b) Criminal matters, Family Law matters, and Civil matters were affected as Court cases were postponed where necessary in the first two weeks thereafter alternative accommodation was arranged for court sittings and services to be further rendered to the public.

c) The impact is that litigants now have to travel to alternative accommodation to receive their services and that is mainly for the court sittings that are now temporarily sitting at the alternative accommodation.

d) A contingency plan was compiled together with all the stakeholders at the magistrates’ court as follows:

(i) Potchefstroom Magistrate engaged JB Marks Municipality to assist in identifying alternative accommodation. The Municipality made the Town Hall and the Traffic Court available for use by the Department.

(ii) The District Courts B and E were accommodated at the Town Hall for all cases where the accused persons are out on bail or warning.

(iii) The Regional Court is accommodated at the Traffic Court for all cases where the accused persons are on bail or warning.

(iv) All Regional Court matters, where the accused persons are in custody including sexual offences related matters, are heard at the Regional Court.

(v) All the cases, whereby the accused persons are in custody including first appearance matters and bail applications, are dealt with at the only available court room, Regional Court 3.

(vi) The Children’s Court matters are dealt with at the boardroom of the Head of Court.

(vii) The rest of the Family Court matters (Domestic Violence and Protection from Harassment) including District Civil Court matters are dealt with at the dedicated Children’s Court.

(viii) The quasi-judicial functions (Small claims, Maintenance applications, Clerk of the Civil Court, Cash Hall, Offices for the Magistrates Regional and District and Public Prosecutors) are accommodated at the additional office space made available on the 1st floor.

(ix) Transport is made available to transport members of public, accused persons on bail/warning and witness to the respective alternative accommodation.

(x) To ensure effective implementation of the contingency plan, 08:00 morning meetings are held with all the JCPS stakeholders to discuss the circumstances prevailing on a daily basis.

e) Yes, the collapsed roof has resulted in an increase in court backlog. The NPA as well as the magistrates are prioritizing the matters on a weekly basis, in the alternative accommodation.