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20 October 2021 - NW2090

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Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture

(1). Whether his department will provide a (a) list of all the (i) sport and recreation facilities and (ii) heritage sites that were built and/or renovated by his department within the past 10 years and (b) status update report on all stadiums constructed during the 2010 FIFA World Cup in each province; if not, why not, in each case; if so, what are the relevant details in each case; (2). what (a) total number of stadiums in communities in general in each province are not in use and (b) are the reasons in each case?

Reply:

At the moment, we are busy compiling and verifying the accuracy of the information to my department by various entities across the country. Once that process is done, we will provide the Honourable Member with the proper response.

20 October 2021 - NW2066

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Van Dyk, Ms V to ask the Minister of Sport, Arts and Culture

(1)       (a) What is the total amount of Lotto funds that were allocated via the SA Sports Confederation and Olympic Committee to Basketball SA in each year since 2014, (b) on which programmes was the funding spent, (c) who and/or which entity administered the funds, (d) how was reporting and/or accounting for the money spent conducted, (e) what total amount is not accounted for and (f) what is the name of each person who was implicated in each case; (2) whether there has been any consequence management regarding the commissioned forensic audit into the affairs of Basketball SA and the mismanagement of Lotto funds; if not, why not; if so, what (a) steps have been taken to retrieve the money and (b) action has been taken against persons involved in the mismanagement of funds and/or criminal conduct?

Reply:

The response from SASCOC to question no. 2066 is taking longer than anticipated. As a result, we are still waiting for a substantive response, once it has been provided my office will certainly forward it for your attention.

20 October 2021 - NW2017

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McGluwa, Mr JJ to ask the Minister in the Presidency

(1)What are the details of the (a) commitments made by stakeholders during a meeting held with the Security Cluster pertaining to the reports of racial tensions in areas such as Phoenix in Durban during the unrest in July 2021 and (b) stakeholders who have attended the specified meeting to resolve racial tensions; (2) whether there is any intention to have a follow-up meeting; if not, why not; if so, on what date?

Reply:

(1)(a) It is unknown which Security Cluster Meeting is being referred to in this parliamentary question given that many meetings were held pertaining to the reports of racial tensions in areas such as Phoenix in Durban during the unrest in July 2021.

However, government is determined to address racial tension and concrete steps taken include the following:

  • A task team has been established to fast track investigations into the killings, cases are currently being heard at the Verulam Magistrates’ Court. Investigations into the killings are ongoing. The South African Police Service is a lead department in this regard.
  • Provincial Government took a decision to establish committees to facilitate dialogue between affected communities. The KwaZulu-Natal Department of Education has also been roped in as schools are been affected by the racial tensions.
  • Community dialogues are being facilitated by the KwaZulu-Natal Provincial Government, KwaZulu-Natal Provincial Social Cohesion and Regeneration Council.

(1)(b) Given that the meeting being referred to in this parliamentary question is unknown, details of the stakeholders who attended the meeting cannot be stated with accuracy.

(2) Since the meeting referred to in this Parliamentary Question is unknown, intention on follow-up meeting cannot be state with accuracy.

Thank You.

 

 

19 October 2021 - NW1863

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

Whether, with reference to her reply to question 1199 on 8 July 2020, (a) her department acted on the court order in the case of DRDLR vs Unlawful Occupiers of R/E & PTN 1 of Farm Nooitgedacht 11 JQ, case no. 7212/2017; if not, why not; if so, what (a) was the outcome of the eviction and (b) will she do to help Mr Rakgase to get rid of the illegal occupiers?

Reply:

An order for eviction was granted by court on 15 October 2019. The Department did not act on the order because it had not yet received the Court order from the State Attorney. The delay was caused by the fact that after matters are finalised at High Court Registry files are taken and stored somewhere.

(b)The Court order was received on 30 September 2021. The State Attorney was instructed on 8 October 2021 to instruct the Sheriff to serve the order on the respondents (unlawful farm occupiers) to give them time to vacate the farm on their own accord.

(c) On the 11 October 2021 the Sheriff of Mogwase, Northwest, served the Court order on persons who reside in villages. The same process was undertaken by the Sheriff of Thabazimbi, Limpopo on persons on the farm Nooitgedacht 11 JQ.

(d)In terms of the Court order the Sheriff is authorised to evict any occupant who fails to vacate the farm, within fourteen (14) after service of the order.

(e)The countdown commenced on the 13 October 2021 and ends on 3 November 2021.

  1. If the occupants fail to vacate the farm on their own accord, the Sheriff will be instructed to execute the order by :
  • 1.1 Demolishing the herdsmen’s shack erected on the farm.
  • 1.2 Liaising with the nearest Poundmaster to find space where the livestock will be accommodated after removal from farm.
  • 1.3 The Sheriff will, with the assistance of the South African Police Services remove the livestock from the farm, using trucks or hired trucks.
  • 1.4 After removal the animals will be accommodated at the pound of the nearest

Poundmaster so that their owners can go and remove them there.

(f)In terms of the Court order, “in the event that that unlawful occupiers and any other unauthorised person fail to vacate the farm on 3 November 2021, the costs of removing, transporting and impounding the livestock are borne by the owners

thereof”.

19 October 2021 - NW2049

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

Whether, given reports that the unrest in KwaZulu-Natal in July 2021 resulted in the destruction of sugar cane from small-scale farmers, causing such cane to be subsequently rejected by mills, her department has undertaken any steps to ascertain the impact of the July 2021 civil unrest on agricultural communities involved in sugar cane farming in KwaZulu-Natal; if not, why not; if so, what (a) were the findings and (b) steps will her department take to ensure that affected small-scale sugar cane farmers receive support to enable them to survive the impact of the unrest on their farming operations?

Reply:

a) The sugarcane industry is regulated by the Department of Trade, Industry and Competition (DTIC) and they have assessed the damage. Initial assessments have been undertaken and further information was also requested from the industry.

b) All those industries which were affected by the unrests will apply to the Sasria Insurance and National Empowerment Fund (NEF).

19 October 2021 - NW2039

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Mbabama, Ms TM to ask the Minister of Agriculture, Land Reform and Rural Development

What (a) is the process that is followed for foreign postings in her department and (b) are the qualifications required for the postings; (2) whether the posts were advertised; if not, why not; if so, will she furnish Ms T M Mbabama with a copy of the advert that was posted for the postings; (3) whether there is a policy for foreign placements; if not, what is the position in this regard; if so, (a) how often is the policy supposed to be reviewed and (b) on what date was it last reviewed?

Reply:

1. The Foreign Placement policy stipulates the process as follows:

(a) The vacant foreign posts are advertised, shortlisting is undertaken and interviews are conducted for final selection of candidates.

(b) The advertisement shall outline the inherent requirements such as academic qualifications as well as specific attributes as per the specific job evaluation specifications that are required for each post, in accordance with the foreign mission.

2. The posts have not been advertised. The number foreign offices have been rationalized. This took into consideration the impact over the years in various foreign offices. The posts for all foreign offices are all vacant and are being advertised. Shortlisting will be done and interviews will be conducted. Candidates will be appointed from the recommended interviewed qualifying candidates.

3. The former Department of Agriculture, Forestry and Fisheries (DAFF) had a Foreign Placement Policy:

a) The Policy was periodically reviewed.

b) With the merger of the two departments, a new policy has been finalised. .

19 October 2021 - NW2094

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

Whether she will provide detailed reasons for the failure of agri-parks in each province across the Republic; if not, why not; if so, what are the relevant details; (2) whether any persons were charged with corruption in relation to the failure of agri-parks; if not, why not; if so, what total number of persons were charged; (3) whether any persons were charged due to maladministration and incompetence in relation to the failure of agri-parks; if not, why not, in each case; if so, what (a) corrective human resources are in place to change the situation and (b) timelines are in place to ensure that (i) charges against corrupt officials are brought forth and (ii) corrective human resources are implemented for those found to be incompetent?

Reply:

1. No. The Agri-Parks programme was conceptualised to be implemented through its defined three legs as outlined in the programme simultaneously. An Agri-park comprises three distinct but interrelated basic components:

  • The Farmer Production Support Unit (FPSU): A rural small-holder farmer outreach and capacity building unit that links with farmers and markets. The FPSU does primary collection, some storage, some processing for the local market, and extension services including mechanisation;
  • The Agri-hub (AH): A production, equipment hire, processing, packaging, logistics, innovation and training unit; and
  • The Rural Urban Market Centre (RUMC): The RUMC has three main purposes. Linking and contracting rural, urban and international markets through contracts. Acts as a holding-facility, releasing produce to urban markets based on seasonal trends. Provides market intelligence and information feedback, to the AH and FPSU, using latest Information and communication technologies.

However, noting the less than desired and envisaged private sector investment and active involvement of other government departments, it became evident that implementing all three legs of the programme at the same time is not affordable. The approach of prioritising the first leg of the programme (FPSUs) became the obvious one and is what the Department of Agriculture, Land Reform and Rural Development is focusing on.

The implementation of the programme is not unfolding as originally planned but we would not classify it as a failure given the fiscal constrains the country faced post introduction of the programme.

There are success stories that can be shared with regards to Agri-Parks. One of the success stories is support provided by the African Development Bank. In an effort to build capacity of the Agri-Parks, the African Development Bank has recently approved Technical Assistance (Transaction Advisory Service MIC TAF Grant) of UA 400,000 (about R9.9 million), to support the development of two Agri-Parks, namely Tsiame Agri-Park located in the Free State Province and Springbokpan Agri-Park, located in the North -West Province. This grant is intended to upscale the South Africa Agri-Park program to the Sustainable Infrastructure Development System (SIDS) methodology at the Infrastructure Investment Office (IIO) in the Presidency. This grant will also assist with coordination, bringing the project to financial closure and provide an operations and management structure that will enable investors to provide investment funds for infrastructure development and attract private sector investment to the respective provinces.

A letter of Agreement is currently under preparation by the legal team of the African Development Bank for review and signature. Once this process is completed it is estimated that the launch will be in November 2021, whereafter the process of recruiting a Transactions Adviser will commence.

 

2. No. There has not been corruption detected or reported on the Agri-Parks.

3. No. No maladministration and incompetence have been detected or reported.

(a),(b),(i),(ii) Falls away.

18 October 2021 - NW2213

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Winkler, Ms HS to ask the Minister of Tourism

With reference to the tourism environmental impact plans, as reported by her department to the Portfolio Committee on Tourism on 17 August 2021, what is the (a) nature and (b) scope of the specified plans?

Reply:

a) Nature of the specified plans

Environmental implementation plan (EIP) is required by chapter 3 of National Environmental Management Act, 107 of 1998. (NEMA). Section 11(1) of NEMA provides that every national department listed in Schedule 1 of NEMA as exercising functions which may affect the environment must within one year of the promulgation of the Act and at least every five years thereafter develop an EIP. The Department of Tourism is listed in Schedule 1 of NEMA and is thus required to develop an EIP.

In 2018 the Department of Tourism gazetted the Environmental Implementation Plan (TEIP) 2015-2020 (First edition) in fulfilment of the requirements of Section 11 (1) of National Environmental Management Act, 1998 (NEMA). The gazetted EIP reached its end of life during the end of 2019-2020 financial year. The Department of Tourism second edition EIP (2020 – 2025) is currently in the process of being gazetted.

The purpose of the EIP is to co-ordinate and harmonize environmental policies, plans, programmed and decisions of the various national departments that exercise functions that may affect the environment or are entrusted with powers and duties aimed at the achievement, promotion, and protection of a sustainable environment. It further gives effect to the principle of co-operative government in Chapter 3 of the South African Constitution.

(b) Scope of specified plans

The Tourism Environmental Implementation Plan (TEIP) contains the following:

  • A description of policies, plans and programmes that may significantly affect the environment.
  • A description of the manner in which policies, plans and programmes referred to above will comply with the principles set out in section 2 of NEMA as well as any national norms and standards.
  • Recommendations for the promotion of the objectives and plans for the implementation of the Integrated Environmental Management (IEM) procedures and regulations referred to in Chapter 5 of NEMA.
  • The 2020 - 2025 TEIP outlines 12 strategic objectives and interventions to address the key environmental impacts associated with the tourism sector’s operations.

18 October 2021 - NW2125

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Hicklin, Ms MB to ask the Minister of Public Works and Infrastructure

(1)What (a) measures have been put in place to stabilise the leadership deficit at the Council for the Built Environment (CBE) which is the umbrella body for six councils governing and leading professionals in the built environment (details furnished) and (b) are the reasons that there is a continuous exodus of senior personnel from the CBE dating back a decade ago with no intervention from either the former Minister and/or her to address the root causes of the dissatisfaction within the body; (2) whether failure for members of the CBE to register with their respective councils will render them unemployable; if not, what is the position in this regard; if so, what are the relevant details; (3) what steps has she taken to encourage the councils to facilitate compliance and encourage built environment partnerships to register with their respective councils.

Reply:

The Minister of Public Works and Infrastructure

(1) (a) I have been informed by the Department that the Council for the Built Environment’s (CBE) succession plan and other relevant HR polices are being reviewed and updated to assist with staff retention. Regarding the Chief Executive Officer (CEO) and Chief Operations Officer (COO) positions that were vacated at the end of June 2021, the CBE has advertised them. Shortlisting and interviews have been held in a bid to fast-track the filling of the posts.

(b) The CEOs that have been leaving the CBE mid-term were grounded on the following.

  • CEO 1 – A 3-year contract (10 February 2004 – 09 February 2007) – Suspended on 22 August 2006 until end of contract
  • CEO 2 - 4-year contract (1 August 2007 – 31 July 2011) – Requested and received approval for early release on 2 June for 30th June 2011
  • CEO 3 - 5-year contract (1 May 2012 – 30 April 2017) – Suspended and dismissed on 29 August 2016
  • CEO 4 – 5-year contract (01 October 2017 – 30 September 2022) – Requested to be released citing the reason for leaving being to further her studies; and
  • The COO left due to a job offer in another entity.
  • The Manager: Legal and Regulations, was suspended on 17 November 2020 after it came to Council’s attention that he allegedly tried to interfere with the investigation in which he was implicated through the Whistle Blower allegations of the 4th Term Council and the dismissal of the former CEO, Ms. Gugu Mazibuko. The decision to suspend the manager was taken as an administrative precaution to protect the integrity of the investigation process and to ensure that the investigation into the alleged misconduct is undertaken independently. An acting Manager was appointed into the position and his contract is renewable until the investigations are concluded.

(2) For the purposes of getting contracts from the public sector, failure to register with the Councils for the Built Environment Professions (CBEP) can make individuals unemployable. For the private sector however, the restrictions are less, although exposes companies or individuals to higher risk when deciding to use the services of persons that are not professionally registered. Mainly so, because the CBEP only regulate the conduct of registered professionals. There would be very little room for recourse for a company or individual to utilize the services of an unregistered person, because the CBEP would not be able to act against such a person should their work not conform to the required standard or endanger the public. In fact, the client would be liable should the project result in the lives of the public being put in danger as a result of the work of unregistered persons.

This is partly the reason that the policy on the Identification of Work (IDoW) has been mooted. This would assist in ensuring that people work in the areas that they are most proficient in and avoid people taking on work that is classified in the higher classes of work, for which normal professional registration would be required.

Understandably, there would be persons that have gained sufficient experience and proficiency in performing different classes of work, and an opportunity exists to be professionally registered through the path of Recognized Prior Learning (RPL). Once each of the CBEP have published their IDOW policy persons will be accorded a specific time-frame to get professionally registered. However, the challenge of enforcing this in the private sector will still remain as the Acts that established the CBEP, are mainly targeted at regulating the conduct of registered professionals only.

(3) The CBE in collaboration with the DPWI, has several initiatives to promote professional registration. Quarterly forums are convened to monitor progress on candidacy programmes and to address the bottlenecks identified. The CBE further coordinates professional registration workshops wherein, amongst other things, all Councils for the Built Environment Professions (CBEP) engage on how to simplify their professional registration processes and use uniform standards where applicable. Another initiative is the Recognition of Prior Learning (RPL) which is being incorporated by Councils in route for registration process.

18 October 2021 - NW2203

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Ismail, Ms H to ask the Minister of Public Works and Infrastructure

What is the update of fraud investigations by her department at the (a) North West Development Corporation and (b) North West department of public works and roads?

Reply:

The Minister of Public Works and Infrastructure:

a) I’ve been informed by the Department that the Department of Public Works and Roads in the North West is not aware of any investigation relating to the North West Development Corporation.

b) The Department is aware of an investigation done by the Special Investigation Unit (SIU) in line with Proclamation R21 of 2021 to investigate corruption, malpractice and maladministration in the procurement of, or contracting for works or services by and on behalf of the Department relating to:

(i) Project Management for the Transport Infrastructure Directorate of the Department;

(ii) Rehabilitation of flood damaged roads infrastructure in the North West Province and

(iii) The installation of perimeter fencing at the Eagle Waters Wildlife Resort and payments which were made in respect thereof in a manner that was contrary to applicable legislation and instructions issued by the National Treasury and relevant Provincial Treasury.

The investigation started in March 2021 and is ongoing. It is anticipated to be concluded by the end of January 2022.

15 October 2021 - NW2019

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Mabhena, Mr TB to ask the Minister of Public Enterprises

(1)       Whether, given the recent alleged cyber-attack at Transnet that occurred on 22 July 2021 and the resultant notice of declaration of a force majeure event on 26 July 2021 by Transnet which has resulted in a ports crisis, (a) his department and (b) the Ports Regulator of South Africa have been informed that no import containers have left South African ports since the crisis ensued; if not, what is the position in this regard; if so, (2) Whether there are any plans to engage the relevant stakeholders to resolve this; if not, why not; if so, what are the relevant details; (3) Whether any penalties will be imposed on Transnet by the Ports Regulator of South Africa; if not, why not; if so, what will be the nature and scope of the penalties? (4) Whether, in view of the fact that vessels have started to omit South African ports altogether and are dumping containers at other ports in Africa, there are any plans in place to avert the resultant massive delays in the receipt of goods affecting all industries; if not, why not; if so, what are the relevant details of the plans?

Reply:

According to the information received from Transnet:

(1)(a) The Shareholder Ministry - the Department of Public Enterprises (DPE) - has been kept abreast of all developments pertaining to the declaration of a force majeure, following the incursion on Transnet systems that occurred on 26 July 2021. It is not accurate to suggest that the force majeure has resulted in a ports crisis. The current status of the global shipping environment has been as a result of a number of factors which are more often than not, exogenous to Transnet’s operations. The current perception of Transnet as the fault-line and the cause for a “ports crisis” is factually incorrect. 1a

(1)(b) Transnet National Ports Authority (TNPA) has engaged with the Ports Regulator of South Africa on measures to follow in the event of a similar incident recurring. 1b

(1)(c) We have provided a detailed analysis of the number of import containers that have left the country since 26 July 2021, to-date. (see the attached annexure A)

(2)(a) Transnet has engaged all affected stakeholders following the incursion on the systems.

(2)(b) Since the ICT challenges first began on Thursday 22 July 2021, Transnet Port Terminals has continued to keep all customers and stakeholders informed of the progress made, both on the ICT side and on the operational recovery. This has taken the form of daily meetings and letters, among others.

(2)(c) Whilst the frequency has declined as the crisis was addressed, as at 20 September 2021, Transnet still conducts the following stakeholder engagements:

  • A daily operational meeting with port stakeholders (shipping lines, transporters, freight forwarders, TNPA, TFR, TPT)
  • A weekly engagement with the citrus stakeholders
  • A weekly engagement with members of Business Unity South Africa

(2)(d) Transnet will continue to engage in dedicated recovery forums, until all operations and the entire supply chain have normalised.

(3) The question should be directed to the Department of Transport as the Port Regulator of South Africa is an entity under its authority.

(4) There are a number of reasons for Shipping Lines omitting South Africa from their schedules, these include:

4.1. Omissions for shipping line convenience (trying to catch-up on schedule integrity/make the next window in the following port; profitability; inability to complete the customer’s voyage, e.g. when the vessel plans to omit a destination port in Europe).

4.2 Blank voyages (lack of vessels on a line service network e.g. there should be 7 vessels in a row to make a weekly call in every port, but due to shortages of vessels the line plans to only have 6 vessels, in order to save costs and effectively balance supply with anticipated logistics delays which may impact any one of the number of ports within the schedule).

4.3 Omissions because of delays in the port (caused by TPT operational inefficiencies/delays; wind delays; port congestion; landside congestion. It is worthwhile to note that it becomes difficult to quantify the percentage of TPT’s responsibility because all incidents (wind, operational, congestion etc) have a combined impact on the total terminal delay, resulting in decisions by the shipping line to omit. It is worthwhile to note that it becomes difficult to quantify the percentage of Transnet Port Terminals (TPT) responsibility because all incidents (wind, operational, congestion etc.) have a combined impact on the total terminal delay resulting in decisions by the shipping line to omit.

  • TPT is undertaking initiatives to reduce congestion at the ports. This includes increasing equipment availability to improve productivity. The initiatives are tracked through the Durban Decongestion Workstreams, where all stakeholders participate. These include:
  • Decongesting Durban Container Terminal (DCT) imports through promoting prompt evacuation in partnership with the shipping lines (carrier haulage).
  • Working closely with citrus exporters to ensure the export reefers arrive within the terminal in time to make the vessel sailing deadlines.
  • Mass evacuation of imports through Transnet Freight Rail (TFR) supporting the short-haul evacuation to back-of-port facilities in the greater Durban precinct.

 

 

15 October 2021 - NW1829

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Cebekhulu, Inkosi RN to ask the Minister of Public Enterprises

(a) What is the economic impact of the cyber hack on the network of Transnet in major ports of the Republic? (b) How is the cyber-attack expected to affect the position of the Republic as a ports operator in international trade in the (i) short and (ii) long term?

Reply:

According to the information received from Transnet:

(a) The port networks have not been negatively impacted by the attack, as the surface area of attack was on the server domain and applications.

(b) Transnet networks were shut down in the attack to prevent the spread of the malware.

(b)(i) Through the shutdown period, some terminals operated manually, while others could not operate in manual mode, given the complexity of the operations. This impacted on vessel and truck turnaround times.

(b)(ii) No long-term impact is foreseen, as catch-up planning takes place within the terminals. No IT systems were compromised or lost at Transnet Port Terminals. We have seen similar cyber-attacks on large organisations - including shipping lines - that have recovered without a long-term negative impact on trade.

 

15 October 2021 - NW2119

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Lees, Mr RA to ask the Minister of Public Enterprises (DPE)

Whether the SA Airways has in any manner and/or form acted as an agent for any other airline and/or travel agent in the period 1 January 2021 to 15 August 2021; if not, what is the position in this regard; if so, what are the details of: (a) The authority under which such trading operations were undertaken, including the section of the Business Rescue Plan wherein such trading operations were approved by creditors (b) The persons and/or entities for which SAA acted as an agent, including the details of the: (i) services provided, and (ii) revenue raised?

Reply:

According to the information received from the South African Airways:

South African Airways has not acted as an agent for any other airline and/or travel agent in the period 01 January 2021 to 15 August 2021.

2119.

14 October 2021 - NW2272

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Dyantyi, Mr QR to ask the Minister of Justice and Correctional Services

What (a) total number (i) of applications for claims to estates were registered with the Master’s Offices during the period 1 April 2020 to 30 April 2021 and (ii) of the specified applications were (aa) successfully or (bb) unsuccessfully attended to, (b) was the overall quantified amount during the specified period and (c) was the breakdown of the applications in each province; 2) How long does it take before an applicant receives an acknowledgement?

Reply:

1. In terms of sections 29 and 31 of the Administration of Estates Act 66 of 1965, all claims against Deceased Estates must be lodged with the appointed executor, and not the Master.

In terms of sections 32 and 33 of the Act, the Executor can dispute or accept these claims against the estate and any party aggrieved by such decision of the executor can either proceed to proof his/her claim in court. Alternatively, the claimant may wait until the executor lodge the Liquidation and Distribution Account and then formally, in terms of section 35(7) of the Act, object to the Liquidation and Distribution account to include his/her claim.

It is the duty of the executor to ensure that all heirs and creditors specified in the approved Liquidation and Distribution account are paid accordingly.

The Master does not receive or decide on the validity of claims against Deceased Estates and does not keep record of such information. This information can be obtained from the lodged Liquidation and Distribution Account in each estate above the value of R250 000.

 

2. In terms of Section 29 of the Administration of Estates Act 66 of 1965, every executor shall, as soon as may be after letters of executorship have been granted, cause a notice to be published in the Gazette and in one or more newspapers circulating in the district in which the deceased ordinarily resided at the time of his death and, if at any time within the period of twelve months immediately preceding the date of his death he so resided in any other district, also in one or more newspapers circulating in that other district, or if he was not ordinarily so resident in any district in the Republic, in one or more newspapers circulating in a district where the deceased owned property, calling upon all persons having claims against his estate to lodge such claims with the executor within such period (not being less than thirty days or more than three months) from the date of the latest publication of the notice as may be specified therein.

In terms of section 32, if an executor disputes any claim against the estate, he may by notice in writing:

a) Require the claimant to lodge, in support of his claim, within a period specified in the notice, an affidavit setting forth such details of the claim as the executor may indicate in the notice; and

b) With the consent of the Master, require the claimant or any other person who may in the opinion of the Master be able to give material information in connection with the claim, to appear before the Master or any Magistrate or Master nominated by the Master, material information in connection with the claim, to appear before the Master or any Magistrate or Master nominated by the Master, at a place and time stated in the notice, to be examined under oath in connection with the claim.

14 October 2021 - NW1339

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Lotriet, Prof A to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with regard to her replies to question 587 on 26 March 2021 and 1013 on 33 June 2017, she will clarify the discrepancy, wherein the 2017 reply it is that a backlog for resurfacing and rehabilitation of roads was 2 500km and/or R11,25 billion, yet in the 2021 reply the figure was 1 352km and/or R3,1 billion; if not, why not; if so, what total amount, in each year, between 2017 and 2021 did her department spend on resurfacing and rehabilitation of roads, to warrant such a drastic decrease?

Reply:

The Parliamentary Question PQ 587, with its reply provided on 26 March 2021, is similar to PQ 194. The reply to PQ 194, which is attached as part of the annexure, was submitted to Parliament.

I have requested the Provincial Department to furnish further details of work done during the period in question. We will make this information and anys supporting ducuments available to the honourable member.

14 October 2021 - NW1884

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Cachalia, Mr G K to ask the Minister of Public Enterprises

(a) What are the full details of companies and/or entities to whom the recent Eskom coal contracts were awarded and; (b) At what price in each case?

Reply:

According to the information received from Eskom:

(a)

Eskom has concluded 2 Coal Supply Agreements (“CSA’s”) for FY2022 as follows:

  • Modification to the CSA with South32 SA Coal Holdings (Pty) Ltd from MMS to supply Duvha Power Station.
  • A new CSA with Arnot OPCO (Pty) Ltd from Arnot Mine to supply Arnot Power Station.

(b)

Eskom cannot, at this point in time, fulfil the parliamentary request of disclosing the contractual prices of the above-mentioned CSA’s.

Eskom is currently progressing with coal supply negotiations with the shortlisted tenderers from RFP’s issued to the market. By disclosing this information to the public, the tenderers could potentially use this information to erode Eskom’s bargaining power.

 

14 October 2021 - NW2253

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Ceza, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

Whether her department has developed mechanisms with sector departments to implement township economic zones within rural municipalities; if not, why not; if so, what are the relevant details?

Reply:

We have integrated township development to the District Development Model (DDM) One Plans. The effort of pursuing a coordinated framework through the DDM approach presented an opportunity for balanced ecosystem for integrated development. This process requires cooperation of all three spheres of government to ensure efficient and well-coordinated implementation of the interventions and programmes including the Special Economic Zones.

We are working closely with The Department of Small Business Development, which is currently implementing the Township and Rural Entrepreneurship Programme (TREP) that is reflected in various Municipal Economic Recovery Plan that were developed with guidance from the Department of Cooperative Governance as a critical programme to relieve Township business from the haltfelt impact of the pandemic. The TREP is a dedicated programme to transform and integrate opportunities in townships and rural areas into productive business ventures. The focus is to create platforms which provide the business support infrastructure and regulatory environment that enables entrepreneurs to thrive. TREP places priority on spatial location as it is focused on enterprises based in townships and/or rural areas that have the potential or capacity to supply goods and services to public and private sector, local, provincial, and national government departments on a sustainable basis.

There are operational Special Economic Zones that are located in townships in partnership with rural municipalities, including the Nkomazi SEZ in the Mpumalanga, Nkowankowa SEZ and Seshego SEZ, both in Limpopo. Furthermore, there are 10 designated and proposed Special Economic Zones in seven Provinces which include, Duwazi SEZ in Limpopo, Namakwa SEZ in Northern Cape, Bojanala SEZ in Northwest, Vaal River SEZ in Gauteng which are located in townships.

It is for this reason that the Department of Cooperative Governance plays an active role in the Project Steering Committee (PSC) of the Department of Trade, Industry and Competition on SEZ and Industrial Parks to address challenges that are encountered at municipal level in the implementation of SEZs including Red Tape related challenges. Other challenges that has been noted particularly in the township economic zones include issues of infrastructure, electricity, access to water and rail and road facilities. These challenges have an impact on the investor confidence. In this regard, several recommendations have been put forth to the DTIC in relation to the role of SEZs in the South Africa economic reconstruction and recovery plan.

It is against this background that the Department approached the United Nations in South Africa to support the implementation of the DDM and to enhance the Department’s support initiatives. The outcome has been the development of district specific implementation plans built on three interrelated pillars: Unlocking Economic Value Chains, Social Transformation and Service Delivery enhancement. The first pillar encompasses the development of tools and unlocking of opportunities for inclusive and sustainable economic growth.

The delivery mechanism arranged to carry out these interventions has been realised in the establishment of Business Solution Centres, structures setup to provide business development services for micro- and small-enterprises with special focus on women- and youth-led SMMEs. The Business Solution Centres will also function as one-stop facilities whereby a range of services will assist small businesses and aspiring entrepreneurs in overcoming obstacles such as lack of management skills and access to capital and market entry. Through this provision, training and services will endow this important sector with the skills and capabilities to succeed in the economic ecosystem and realise its full potential.

14 October 2021 - NW1326

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Brink, Mr C to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with regard to the six District Hubs that are envisioned as part of the implementation of the District Development Model, she will furnish Mr C Brink with a plan and/or estimate indicating the (a) capital cost of establishing each of the District Hubs, (b) annual operational cost of running each of the District Hubs and (c) total number of personnel that will be required to operate each of the District Hubs; if not, what is the position in each case; if so, what are the further relevant details in each case?

Reply:

DDM Hubs are part of the overall institutional arrangements for the implementation of the DDM. They are an extension of CoGTA capacity deployed in districts for purposes of driving the institutionalisation of the DDM and facilitating the formulation, adoption, implementation, monitoring and review of the One Plans. A DDM Hub is conceived as a functional network of support and a facilitation system for Intergovernmental Planning in relation to a specific district or metropolitan space or a combination of district spaces or metropolitan spaces. These Hubs will be established in a phased and differentiated manner across the various districts and metros taking into account the dynamics of each district and metropolitan spaces. DCoG in consultation with provinces and municipalities will determine where such hubs are needed and could potentially be established provided the required financial and funding resources are available.

To date, fully-fledge DDM Hubs have been established in the three DDM pilot sites of eThekwini metro, OR Tambo, and Waterberg districts. The Hub Managers for all three pilots are in place. Seven out of the eight approved positions have been filled in OR Tambo, the Senior Development Planner commenced duty on the 16 August 2021. Seven out of the eight positions were filled in the Waterberg District, there are challenges in filling the position of the Capacity Building Coordinator. Two out of the four approved positions for eThekwini have been filled. The Implementation Support Specialist position will be advertised based on the recruitment plan.

a) The design and composition of a DDM Hub will differ from district to district and metro to metro as demonstrated by the experiences in the three DDM pilot sites, thus influencing the capital costs for establishing these Hubs.

b) Following from the above, annual operating costs are dependent on the design and composition of a DDM Hub in terms of staff size and associated overhead costs.

c) The staffing compliment for each DDM Hub is informed by needs and skills analysis informing a recruitment plan for each of the DDM spaces in collaboration with the respective provinces and municipalities.

14 October 2021 - NW2273

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Dyantyi, Mr QR to ask the Minister of Justice and Correctional Services

What (a) total number of applications by persons who are entitled to monies from the Guardian Fund in the Master’s Offices are received each week and (b) is the provincial breakdown of such applications; 2) What total number of litigation cases have been lodged against the Master’s Offices; 3) What is the quantified total amount that should have been distributed to families and individuals, but are still in the accounts of the Master’s Offices; 4) Whether any consequence management action has been taken against any personnel; if not, why not; if so, what are the relevant details; 5) How does he intend to turn things around?

Reply:

1. All applications received by the Guardian’s Fund is captured on the Application Tracker System by each office. However, the Department of Justice and Constitutional Development’s Information Technology Systems are currently down, hence the inability to extract and provide such information at this stage.

2. Though various litigation cases are served on the Master annually, they are not necessarily lodged against the Master, as the Master is and have to be, in many instances, cited as an interested party due to the functions of the Master as prescribed in the various acts governing the Master. In most of those matters, no specific relief is necessarily sought against the Master. The tables below provide details of all litigation matters received in which the Master is cited according to the records kept:

1 April 2020 – 31 March 2021 

Total

Unopposed summonses

74

Opposed summonses

6

Unopposed applications

574

Opposed applications

costs only opposed

22

 

application opposed

6

Matters where no specific action was filed (withdrawn, incorrectly cited, etc.)

25

Annual Total

707

1 April 2021 30 June 2021 

Total

Unopposed summonses

29

Unopposed applications

207

Opposed applications

costs only opposed

4

Matters where no specific action was filed (withdrawn, incorrectly cited etc.)

15

Quarter 1 Total

255

3. The only funds held by the Master, is that which have been deposited into the Guardian’s Fund in terms of the applicable laws.

Funds are received or accepted by the Master into the Guardian’s Fund for the benefit of a specific beneficiary. The Master opens an account in the name of the person to whom the money belongs to or the estate of which the money forms part of. Only that beneficiary may claim the funds due to him/her once it becomes claimable. The Master will administer the funds, free of charge, for the minor until he/she turns major (now 18 years of age) or reach the age as indicated in the Will/Testament.

Deceased Estate funds in the Guardian’s Fund becomes claimable by beneficiaries as soon as they reach the age of majority, or such other date as may be determined by a Will/Testament. Funds which earn interest will still bear interest for a period of five (5) years after it became claimable. Claimable funds are also advertised in the Government Gazette for three (3) consecutive years in September each year (Section 91). These adverts must also be displayed at all Magistrate Courts. The advertisement is further also placed on the Master’s Website

Whilst the funds are not yet claimable by the beneficiary, the guardian of a minor/persons incapable of managing their own affairs can claim maintenance/allowance from the Guardian’s Fund. The Master is entitled to pay for maintenance, such as school and university fees, clothes, medical fees, boarding and lodging and any other needs that can be fully motivated. Payments can be made directly to the service provider such as schools, universities, bookshops, etc.

In terms of Section 92 of the Administration of Estates Act, if funds are not claimed for thirty (30) years after it became claimable, it is forfeited to the State and are paid over to the Commissioner of Revenue. All funds which have not yet been claimed prior to thirty (30) years are still claimable by the relevant beneficiaries.

As the Master does not have control over who decides to claim the funds, maintenance etc. and how much they want to claim – it is not possible to indicate a quantified amount which should have been distributed to families or an individual, but is still with the Master. As from the above explanation, it is clear that all funds in the Guardian’s Fund, can be applied for by the beneficiary, guardian, etc. at any stage, from the date it is deposited, up to 30 years after it became claimable.

4. Yes, action has been taken against relevant personnel. Below are the relevant details:

NATURE

NUMBER

STATUS

OUTCOME OF THE SANCTIONS

Bribery

3

2 Finalised

2 Final Warning

   

1 Not Finalised

1 Pending

Corruption

7

5 Finalised

2 Not Finalised

1 Suspension

     

1 Verbal Warning

     

1 Written Warning

     

2 Dismissal

     

2 Pending

Fraud

3

1 Finalised

1 Withdrawal

   

2 Not Finalised

2 Pending

Insubordination

3

1 Finalised

1 Final Warning

   

2 Not Finalised

2 Pending

Intimidation

1

Not Finalised

1 Pending

Negligence

3

1 Finalised

1 Dismissal

   

2 Not Finalised

2 Pending

Unauthorised Absence

1

Finalised

1 Written Warning

Unethical Behaviour

2

Not Finalised

2 Pending

Maladministration (Busasa)

1

Not Finalised

Pending

Non-Disclosure (Busasa)

1

Not Finalised

Pending

Total

25

11 Finalised 14 Not Finalised

14 Pending

1 Withdrawal

2 Written Warning

1 Verbal Warning

3 Final Warning

3 Dismissal

1 Suspension

5. A new administration and financial system for the Guardian’s Fund was developed together with Information Systems Management.

The tender process has been done in the 2020/21 financial year, and it is envisaged that development of this system will be finalized and rolled-out in the 2022/23 financial year. The new system will be a full financial system which will ensure accurate financial statements and management. The move to a fully financial system will guarantee accurate records and reports while simplifying processes of the Master’s office in Guardian’s Fund matters.

14 October 2021 - NW2161

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Ceza, Mr K to ask the Minister of Cooperative Governance and Traditional AffairsQUESTION

What interventions has she made to assess the incapacity of the City of Cape Town and Western Cape provincial government to resolve flooding, which occurs during rainy seasons as a result of wrongfully planned drainage systems in areas like Khayelitsha, Gugulethu, KwaLanga and in all informal settlements?

Reply:

A rigorous process of assessing the state of local government (SOLG) culminated in the Cabinet considering the SOLG report in June 2021. The assessment included all service delivery issues including drainage systems in the City of Cape Town (CoCT). Cabinet resolved that the Department of Cooperative Governance and Traditional Affairs (COGTA) and National Treasury should lead the process of the development of the municipal support plans in collaboration with sector departments, SALGA, provinces and municipalities. This process is underway and the target date to complete the municipal intervention and support plans (MISP) is the end of October 2021. This MISP will include plans to address the challenges mentioned above.

As stated above, the compilation of MISP brings together all sector departments as advocated for by the District Development Model as service delivery challenges of informal settlements go beyond flooding challenges, but include lack of basic services and housing among others.

We are also planning to brief the nation on the 21 October 2021 on the seasonal weather forecast. This briefing will include the state of readiness in municipalities across provinces to deal with disasters resulting from the seasonal rainfall.

13 October 2021 - NW1948

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Motsepe, Ms CCS to ask the Minister of Cooperative Governance and Traditional Affairs

By what date will a forensic investigation be conducted by her department into what happened to the missing R49 million from the coffers of the Dr Ruth Segomotsi Mompati District Municipality in the North West, which had invested taxpayers’ money to the amount of R150 million with VBS Mutual Bank?

Reply:

The response below was provided by the province:

Various investigations have been instituted by the province, municipality and law enforcement agencies in relation to the Venda Building Society Mutual Bank (the VBS) investments. On 28 March 2019, the municipality Council took resolution number 44/2018/19 to appoint an independent investigator to investigate allegations relating to the missing R49 million. The investigation report has been completed and there is no record of the missing R49 million and the Curator also confirmed that the amount that is in the records of VBS is R150 million. As such, there is no need for the department to institute further investigation on this matter.

Some of the investigations which have been conducted with regard to the above mentioned allegations are listed below:

Report

Description

10/10/2018

Report by Sekela Xabiso to HoD of Department of Finance tittled:

“INVESTIGATION INTO THE INVESTMENTS MADE BY NORTH WEST MUNICIPALITIES AT VBS MUTUAL BANK (DR RS MOMPATI DISTRICT MUNICIPALITY)”

23/02/2021

Report by Dr Ruth Segomotsi Mompati District Municipality to MEC Ms Cwale tittled:

“REQUEST FOR PROGRESS REPORT ON THE IMPLEMENTATIONS OF RECOMMENDATIONS EMANATING FROM FORENSIC REPORT IN RESPECT OF THE VENDA BUILDING SOCIETY MUTUAL BANK (VBS) INVESTIGATION”

24/02/2021

Report by Katake Attorneys to Dr RS Mompati District Municipality titled:

“LEGAL OPINION REGARDING LEGALITY OF DISCIPLINARY PROCESS AGAINST THE MUNICIPAL MANAGER”

 

13 October 2021 - NW2024

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Lees, Mr RA to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether, with reference to her reply to question 2436 on 13 November 2020, the investigation has been concluded; if not, why not; if so, (2) whether the information has been obtained; if not, why not; if so, what are the relevant details?

Reply:

1. According to information from Province and the municipality, only Section 106 investigations have been completed. The investigation by the HAWKS on the matter have not been concluded; and

2. The information therefore remains unavailable, since the matter is still under investigation by the HAWKS.

13 October 2021 - NW1958

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Mokgotho, Ms SM to ask the Minister of Cooperative Governance and Traditional Affairs

What steps has she and/or her department taken to resolve the problem of sewer spillage onto the streets in Ward 2 of the Naledi Local Municipality?

Reply:

Dr Ruth Segomotsi Mompati Disrict Municipality (DRSDM) is the Water Services Authority (WSA) in its area of jurisdiction which includes Naledi Local Municipality (NLM) area. The Water Services Act, 108 of 1997 defines a WSA as any municipality responsible for ensuring access to both water and sanitation services. The sanitation services include the management of sewered systems. In executing its functions, which include the WSA function, DRSDM gets grant funding and technical support from the provincial and national government departments. NLM monitors the projects implemented by the district in its area of jurisdiction and liases with DRSDM. The Department of Corporative Governance (DCOG), through the Municipal Infrastructure Support Agent (MISA) provides technical support to both DRSMD and NLM in accordance with the District Development Model (DDM).

According to NLM the sewer spillages in Ward 2 in NLM are caused by the blocked sewer line and faulty manhole in Sonneblom Street, Colridge (in Vryburg). DRSDM appointed a contractor to perform the necessary construction repairs under emergency works. NLM is monitoring the works and liasing with DRSDM.

The contractor has already installed a temporary pump and bypass line (102m long) to avert the spillage problem and to re-route the live sewerage for construction repair works to be performed under workable dry conditions. According to NLM the bypass system has been in operation since 10 September 2021 and the work area has dried out sufficiently, as shown on the picture below, to allow repair works to be conducted.

The excavation for the pipeline replacement and new manhole construction is underway. Completion and re-commissioning of the effected sewerage infrastructure is anticipated to be by the end of October 2021 subject to favourable weather conditions as it is now in the rainy season.

Supporting Photographs: