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27 November 2020 - NW2555

Profile picture: Cuthbert, Mr MJ

Cuthbert, Mr MJ to ask the Minister of Trade, Industry and Competition

(1)What (a) return is the National Lotteries Commission (NLC) getting on each investment that it has and (b) are the full relevant details of the list of impairments on advances and/or investments; (2) what is the investment criteria policy of the NLC’s investment committee, including the (a) type of investment (details furnished), (b) duration and/or period of the investment, (c) the investment quality (details furnished) and (d) which investments are not permitted?

Reply:

I have been furnished with a reply to the question submitted, by Ms Thabang Mampane, Commissioner of the National Lotteries Commission, which is reproduced below.

(1)(a) In the 2019/20 financial year the NLC achieved a return of 8,42%.

(b) In terms of Generally Recognised Accounting Practice (GRAP) 104, the NLC had fair value adjustment of R9,2 million during the 2019/20 financial year.

(2)(a) The NLC has an approved investment policy in compliance with Treasury Regulation 31.3.1. The following principles are noted from the approved investment policy-

i) The pillars of the investment policy include amongst other Capital Preservation and maximization of returns.

ii) Monies that may be placed in long term investment products should be with banks that have bank guaranteed deposits

(b) In accordance with the approved investment policy, NLC investments in maturity periods of between 3 months to long-term of 5 years.

(c) The banks with which NLC invests are rated by the various rating agencies. The investment quality is determined by the investment ratings given by the rating agencies.

(d) The NLC is guided by an approved investment policy. Investments that do not have capital preservation are not permitted.

-END-

27 November 2020 - NW2414

Profile picture: Nxumalo, Mr MN

Nxumalo, Mr MN to ask the Minister of Public Works and Infrastructure

(1)What total number of officials at national and provincial level were charged and found guilty of (a) financial misconduct, (b) irregular expenditure, (c) failure to comply with procurement procedures, (d) abuse of sick leave, (e) poor work performance, (f) theft and (g) sexual misconduct; (2) What mechanisms are there for establishing a national blacklisting register which can be consulted by government institutions at a (a) national, (b) provincial and (c) municipal level to ensure that in the event that the specified officials were found guilty they would not be able to gain employment in the Public Service until after a 5-year blacklisting period?

Reply:

The Minister of Public Works and Infrastructure:

1. The National Department of Public Works and Infrastructure (DPWI)

Financial years

2017/2018

2018/2019

2019/2020

2020/2021

a) Financial misconduct

b) Irregular expenditure

c) Failure to comply with procurement procedures,

43 employees found guilty

26out of 43 employees reported above committed irregular expenditure

24out of 43 employees reported above found guilty for non-compliance with procurement procedures

50employees found guilty

40 out of 50employees reported abovecommitted irregular expenditure

35 out of 50employees reported above found guilty of non-compliance to procurement procedures

27 employees found guilty

10 out of 27 employees reported above committed irregular expenditure

10 out of 27 reported above found guilty for non-compliance with procurement procedures

7 employees found guilty

2 out of 7 employees reported abovecommitted irregular expenditure

1 out of 7employees reported above found guilty of non-compliance with procurement procedures

d) Abuse of sick leave

0

0

0

0

e) Poor work performance

0

0

0

0

f) Theft

0

1employee found guilty of theft

2 employees found guilty of theft

0

g) Sexual misconduct

0

0

1 employee found guilty of sexual harassment

0

The National Department of Public Works and Infrastructure does not have access to disciplinary records of Provincial Departments.

2. (a) The Department of Public Works and Infrastructure (DPWI) does not have a mechanisms for establishing a national blacklisting register which can be consulted by government institutions. The Department of Public Service and Administration(DPSA) is responsible for overseeing misconduct cases across government. The DPWI relies on the PERSAL system which is monitored by the DPSA together with the National Treasury upon which we are able to detect during appointments the status of employees who were either found guilty or not of misconduct in the public service.

The current mechanism (PERSAL System) is effective and reliable in providing disciplinary records of employees but it is utilized internally for the DPWI.

27 November 2020 - NW2237

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Krumbock, Mr GR to ask the Minister of Mineral Resources and Energy

1) Whether, with reference to his reply to question 1709 on 27 August 2020, he will furnish Mr G R Krumbock with copies of the Standards of Service (NRS 047) and Quality (NRS 048); if not, what is the position in this regard; if so, on what date; 2) on what date did the City of Ekurhuleni last submit their maintenance schedules; and 3) whether he will furnishMr G R Krumbock with a copy of the maintenance schedules of the City of Ekurhuleni; if not, what is the position in this regard; if so, on what date? NW2809E

Reply:

1. Yes, the NRS 047 and the relevant NRS 048 specifications are attached.

2. In terms of the license condition 5.4.1 the Energy Regulator is entitled to collect information such as the maintenance plans of the licensee, the process of collecting and examining such information is always undertaken during the annual compliance audits that the Regulator conducts on selected licensees each year. The City of Ekurhulenihad not been audited before, and had therefore not submitted its maintenance plants. It is however on the list of the licensees to be audited during this financial year.

3. According to license condition 5.3.2, the licensee is required to always prepare the maintenance plans annually and adhere to this, however it is not the requirement for the licensee to submit the report to the regulator annually. The maintenance plans are scrutinised when the licensee is selected for a compliance audit.

27 November 2020 - NW2751

Mohlala, Mr M to ask the Minister of Human Settlements, Water and Sanitation

What are the details of her department’s short-term plan to ensure that the community of Aliwal North in the Eastern Cape has access to water, more especially that the draught has almost dried up the Orange River?

Reply:

The Department of Water and Sanitation (DWS) does not consider the Orange River as being under drought conditions and there are no water restrictions imposed on water resource use in the upper Orange River catchment. Therefore, no special drought plans are under consideration. However, the Orange River does have seasonal variations in terms of flow, with lower flows experienced in late winter. Alternative sources such as boreholes and springs are developed and utilised as alternate standby sources.

The Department is aware that the Joe Gqabi District Municipality (JGDM) does have water distribution constraints to the extent that there is a moratorium on further developments until the water services are upgraded in line with the Aliwal North Water Master Plan. The Joe Gqabi District Municipality does have short and medium term plans to improve water services in the area as follows:

a) Two projects already commenced with are the construction of two raw water off-channel storage dams at the water works (MIG funded) and replacement of asbestos cement bulk pipeline and leaking valves (WSIG funded),

b) Funding is currently still being sought for further short term plans to:

  • Build a new 2 Ml Clear Water Sump and install a high lift pump at the WTW,
  • Build a 1,2Ml reservoir and a 400kl elevated tank at the springs; and install a high pressure gravity main.

c) Medium Term Plans:

  • Upgrade of WTW by 2,5Ml and installation of a desalination/package plant at the springs,
  • Replacement of the old 200mm asbestos cement rising main and upgrade of pump station and main reservoir at the springs.

27 November 2020 - NW2708

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Mineral Resources and Energy

1) (a)What number of audits has the National Energy Regulator of South Africa (NERSA) conducted of the City of Ekurhuleni since its establishment, (b) on what date was each audit report submitted to the specified city, (c) what were the recommendations contained in each audit report and (d) what number of new electricity connections have taken place within the city since the last audit was conducted by NERSA; 2) Whether NERSA has ensured that its recommendations have been implemented by the city; if not, why not; if so, which recommendations have been implemented? NW3476E

Reply:

1.

a) An independent technical audit of Ekurhuleni was done in January 2006. Another audit was done in 2020 but the focus was on the business assessment.

b) The report on the independent technical audit was submitted in the same year in May 2006. Due to COVID induced travel restrictions that was in place when the business assessment was done, the site inspection on the audit conducted in 2020 will be done in early 2021.The draft report of the business assessment will be sent to the Licensee by the end of November 2020.

c) It was recommended that:

  1. There must be investment in the maintenance and the refurbishment of the networks and on skilled staff.
  2. The Department must operate as an integrated entity.
  3. The maintenance and refurbishment plans must also be integrated.

d) According to our knowledge, there were 45 intake points in 2005/6 and there are now 55 intake points.

Increased Infrastructure

The Department of Energy has since 2006 increased its infrastructure in the various Depots in Ekurhuleni as follows:-

Electrification of Subsidized Households

High Mast Lights

Street Lights

Substations

92 161

977

15 458

Upgrading/Construction of 13 Substations

The 92 161 additional connections excludes town planning development connections for non-subsidized households, which also forms part of the electricity grid and infrastructure to be maintained by the Department.

2. NERSA requests all audited licensees to develop Corrective Action Plans so that this can be monitored. The same will happen with Ekurhuleni Metro when the site inspection has been done and a final report has been shared with the Licensee. One of the objectives of the NERSA audits is to encourage licensees to do self-monitoring so that the networks do not deteriorate.

27 November 2020 - NW2659

Mokgotho, Ms SM to ask the Minister of Human Settlements, Water and Sanitation

Whether she has been informed that the community of Wards 1, 5 and 6 in Madibeng Municipality, North West, does not have access to clean piped water and that this has been the case for years; if not, what is the position in this regard; if so, on what date is it envisaged that the specified wards will have access to clean piped water?

Reply:

Honourable Member, any assistance required by our communities is rendered by municipalities. Should a municipality have difficulties, it approaches the Water Board that services the area. In this case, Magalies Water would assist the municipality.

I wish to point out that the legislative mandate of the Department of Water and Sanitation is to ensure that the country’s water resources are protected, managed, used, developed, conserved and controlled in a sustainable manner for the benefit of all people and the environment.

The Water Services Act, 1997 refers to municipalities as Water Service Authorities (WSAs) responsible for distribution (reticulation) of water and to supply sanitation services. The Water Services Act in section 3 outlines the right of access to basic water supply and sanitation which mandates that “everyone has a right of access to basic water supply and basic sanitation” and places the responsibility on Water Services Authorities to ensure that they develop a Water Services Development Plan (WSDP) to ensure the realisation of this right.

Section 11 of the Water Services Act, 1997 mandates that “every Water Services Authority has the duty to all consumers or potential consumers in its area of jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to water services.”

.

27 November 2020 - NW2242

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Selfe, Mr J to ask the Minister of Public Works and Infrastructure

Whether her department owns a property at 62 Orchard Street, Newlands, Western Cape; if not, what is the position in this regard; if so, (a) what is the extent of the specified property and (b) who currently occupies the property?

Reply:

The Minister of Public Works and Infrastructure:

Yes, the Department owns the property in question.

a) The site is made up of 4 erven and the total size is 3 830m².

b) It is currently occupied by the Departmental official (Director: Property Management in the Cape Town Regional Office)

I was informed that request to occupy the state-owned property was authorised in April 2018 by the then Regional Manager, Mr F Johnson, then Chief Director Mr B Kgasoane and Mr B Matutle, then Deputy Director-General IGC.

I have requested the Acting Director-General, Mr I Fazel, to investigate the matter.

27 November 2020 - NW2723

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

(1) Whether the Astron Energy refinery in Milnerton intends to return to operational service in the near future; if not, what is the position in this regard; if so, by what date is the refinery envisaged to return to full production capacity; (2) whether (a) a safety and (b) environmental inspection and/or audit will be conducted prior to the facility returning to operational status; if not, why not; if so, what are the relevant details?

Reply:

  1. The Department does not have specific date at which the refinery is scheduled to start operating, what was shared with the Department from Astron Energy is that the assessments of the incident arestill ongoing and there is no firm date of when the refinery would come back to be operational.
  2. Safety and environmental inspectionsand/or audit do not fall within the ambit of the Department of Mineral, Resources and Energy.

27 November 2020 - NW2740

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

(1) Whether any environmental audit and/or inspection has been conducted by his department and/or any other relevant government entity at the Astron refinery in Milnerton in the past nine months before and/or after the explosion on 2 July 2020 that caused the loss of two lives; if not, why not; if so, what (a) were the findings of the audit and/or inspection in each case and (b) actions have been taken based on the findings of the audit and/or inspection; (2) whether the refinery is still compliant with its licensing conditions; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The Department of Mineral, Resources and Energy does not conduct any environmental audits, as these fall under different departments.

2. The refinery is not operational at the moment, however in terms of the Petroleum Products Act, the refinery was compliant prior to the incident.

27 November 2020 - NW2523

Profile picture: Mthenjane, Mr DF

Mthenjane, Mr DF to ask the Minister of Mineral Resources and Energy

Given that the recent murder of an environmental activist (Fikile Ntshangase) is indicative of deep tensions between communities and mining companies who want to take over their land, what programmes has his department initiated to ensure that mining companies respect communities and their rights to land which may be of interest to mining companies?

Reply:

Before a mining right is granted, a thorough consultation with interested and affected parties including other government department is conducted. In a situation where there are communities, and are to be relocated, a consultation process/Public participation should be undertaken by the mine or by an applicant for a mining right.

An all-inclusive method(s) should be utilised to ensure that community groups can take part in the consultation process in a fair and transparent manner.

 

27 November 2020 - NW2556

Profile picture: Cuthbert, Mr MJ

Cuthbert, Mr MJ to ask the Minister of Trade, Industry and Competition

(1)(a) Who has the authority to make investments for the National Lotteries Commission (NLC), (b) who manages the specified investments and (c) how often is their performance reviewed; (2) what (a)(i) quantum of investments have been written off and (ii) are the reasons that they were written off and (b) are the details of all non-performing investments; (3) how do the NLC’s investments support the objectives and operation of the organisation?

Reply:

I have been furnished with a reply to the question submitted, by Ms Thabang Mampane, Commissioner of the National Lotteries Commission, which is set out below. I advise that it has been clarified by the NLC that the (1)(b) below refers to the NLC Senior Manager : Financial Accounting.

Reply by Commissioner Mampane:

(1)(a) The NLC has an approved investment policy in compliance with Treasury Regulation 31.3.1. Investments are made in terms of the investment policy approved by the NLC Board.

(b) Investments are managed by the NLC.

(c) The performance of investments is monitored on a monthly basis.

(2)(a)(i) No investments have been written off. (ii) Not applicable

(b) Not applicable

(3) The National Lotteries Commission is a Public Finance Management Act, Act 1 of 1999, Schedule 3A entity. It does not receive funding from the fiscus. The investments support the organisation as follows –

  • sustains the operations of the organization during licence transitions where the uptake in ticket sales demonstrates low performance (The reserve strategy is aimed at sustaining the organisation for a period of twelve months in instances where there is no revenue flowing into the organization);
  • Supplements the grant allocations as the interest received from investments is utilized towards funding the operational expenditure of the organisation which means that more money is allocated towards grant allocations.

-END-

27 November 2020 - NW2823

Mohlala, Mr M to ask the Minister of Human Settlements, Water and Sanitation

What measures has her department taken to assist (a) water boards and (b) municipalities to continue to supply clean and reliable drinking water to the residents with the tariff increase of 11,5% by her department?

Reply:

(a) There has been no increase (0%) on the Bulk Water Charges imposed on all Water Boards for the 2020/21 financial year. The Department of Water and Sanitation (DWS) has also committed R600m in relief funds that will be distributed to cash strapped Water Boards. These funds will also go some way in helping the Water Boards to absorb the increase in raw water charges.

(b) Significant concessions have been given to the Domestic and Industry Sector with regards to Raw Water Use Charges. In terms of Water Resource Management Charges (WRMC), if the charges had been approved in line with the policy (Raw Water Pricing Strategy), the charges would have been increased by a maximum of fifty-six percent (56%). In terms of Water Resource Infrastructure Charges (WRIC), a maximum increase of 16.5% would also have been approved. The Capital Unit Charge (CUC) which is the charged levied on users that take water from schemes that are funded off-budget has not been increased for the 2020/21 financial year. The zero percent (0%) increase has been imposed on those schemes that supply water to domestic users.

It is important to note that all these concessions have had a negative impact on the performance of the Department of Water and Sanitation (DWS) in relation to water resource management functions, water resource infrastructure development and maintenance. The DWS provides assistance to the municipalities through the Regional Bulk Infrastructure Grant (RBIG) and the Municipal Water Infrastructure Grant (MWIG) for the development of new infrastructure and refurbishment thereof to ensure provision of clean Water.

27 November 2020 - NW1832

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Sonti, Ms NP to ask the Minister of Human Settlements, Water and Sanitation

Whether her department will intervene and/or assist the community of Marikana, Ward 26 in Madibeng, North West, to ensure that they have access to an adequate water supply; if not, why not; if so, what are the relevant details?

Reply:

Honourable Member, the legislative mandate of the Department of Water and Sanitation is to ensure that the country’s water resources are protected, managed, used, developed, conserved and controlled in a sustainable manner for the benefit of all people and the environment.

The Water Services Act, 1997 refers to municipalities as Water Service Authorities (WSAs) responsible for distribution (reticulation) of water and to supply sanitation services. The Water Services Act in section 3 outlines the right of access to basic water supply and sanitation which mandates that “everyone has a right of access to basic water supply and basic sanitation” and places the responsibility on Water Services Authorities to ensure that they develop a Water Services Development Plan (WSDP) to ensure the realisation of this right.

Section 11 of the Water Services Act, 1997 mandates that “every Water Services Authority has the duty to all consumers or potential consumers in its area of jurisdiction to progressively ensure efficient, affordable, economical and sustainable access to water services.”

Therefore, any assistance required by our communities is rendered by municipalities. Should a municipality have difficulties, it approaches the Water Board that services the area. In this case, Magalies Water would assist the municipality.

Notwithstanding the above, I have been informed that the Madibeng Local Municipality has procured and installed three (3) 10 000 litre water tanks to ensure access to clean water, and that these are filled with water on a regular basis.

 

27 November 2020 - NW2657

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Msane, Ms TP to ask the Minister of Trade, Industry and Competition

(1)What total number of poultry farms that are 100% black-owned (a) will participate in the new localisation designation report and (b) are not affiliated with the SA Poultry Association? (2) What total number of 100% black-owned companies that produce poultry feed are assisted by the Government? [NW3372E]

Reply:

The Poultry Master Plan was developed with input from the African Farmers Association of SA (AFASA) and the SA Poultry Association (SAPA), together with other stakeholders such as organised labour, importers and public entities.

In the initial phase of the Master Plan implementation, the focus has been on tariff adjustments to protect the sector, accompanied by the expansion of domestic investment to increase output. The industry was set targets for promotion of black-owned poultry farms. In all three areas, progress has been made: poultry tariffs were increased in February 2020, investment of over R750 million has been put into the sector and local production of chickens has increased in the past eight months.

In the next phase of implementation, a proposal is being developed for a localisation designation to enable state-entities to ensure that poultry used within the state (eg at hospitals) is procured from local producers. Once this phase has been implemented, data on the levels of participation by poultry producers can be collected.

The Poultry Master Plan has the objective inter alia of promoting transformation across the full value-chain particularly among integrated producers, to ensure that the presence of black South Africans are not limited to poultry farming, where returns are in many cases modest. The DTIC has not in the past collected detailed data on ownership in the poultry feed sector – however, with the focus in the Master Plan on transformation, this will be done in future, bringing together information across different public entities and sister departments.

-END-

27 November 2020 - NW1648

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Thembekwayo, Dr S to ask the Minister of Basic Education to ask the Minister of Basic Education

Whether, with regard to many schools across the Republic having had to close intermittently when there were positive cases of Covid-19 confirmed in those schools, she has found that it is possible to have any meaningful teaching and learning in an environment of fear where both teachers and learners know they can be infected anytime; if not, what is the position in this regard; if so, what are the further relevant details?

Reply:

The reality of COVID-19 is unacceptable to all concerned but, recommendations to Cabinet on the opening of schools was made based on the advice provided by the Scientists in this field. The reality of COVID-19, is that there is no vaccine available in the short-term, and therefore the options available is to close schools indefinitely and live with the consequences of long term learning losses across the education system or follow the best advice on how we could co-exist with the virus. We are doing the best we can to ensure the safety of our learners and teachers and we will continue to be advised by the Department of Health, with its group of expert scientists. The current environment is not the most conducive to teaching and learning, but reports that we receive on an ongoing basis indicate that teaching and learning is taking place and we will closely monitor the situation in our schools and act appropriately, which will always be in the best interest of our learners and teachers.        

27 November 2020 - NW2259

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Public Enterprises

What (a) Are the relevant details of the submissions made by his department to the Competition Commission regarding South32’s acquisition of 91,8% shares in SA Energy Coal by Seriti Resource Holdings and; (b) Is his department’s position on the deal that will result in nearly 72% of Eskom’s coal supply coming from only two companies?

Reply:

a) The Department provided its views in terms of the potential impact that the merger between Seriti Resources Holdings and SA Energy Coal may likely have on the energy coal sector. Amongst others, these views included: (i) the potential impact the merger might have on security of coal supply, particularly on Eskom electricity generation requirements;(ii) the electricity pricing effects the merger might have on the economy given the current socio economic challenges the country is confronted with.

b) Security of coal supply is of primary importance to ensure Eskom meets the demand for electricity. Eskom for the past three years embarked on coal procurement exercise to ensure that long term coal supply agreements are secured for the majority of the coal fired power stations.

Ownership and access to the state’s mineral assets is effective through the Mineral and Petroleum Resources Development Act, 2002 (MRPDA) and Mining

Charter. The DMRE is the authority in terms of determining effective ownership of these assets. The Department of Trade, Industry and Competition (DTIC) intervenes through the Competition Commission if there are likely effects of substantially lessening or prevention of competition in the sector.

Eskom on Managing Risk

1. Eskom estimates that the Seriti supply share after the transaction would increase to approximately 28% from 17% based on FY2020 delivery volumes. It is estimated that the two largest suppliers will account for approximately 55% of Eskom’s coal supply based on FY2020 delivery volumes. However, this may vary slightly subject to changes in Eskom’s coal demand and the mines’ production profiles.

2. Approximately 28% of Eskom’s supply is supplied from the cost plus mines. Post the Seriti/South32 merger, this percentage will remain the same and is approximately half of the 55% of the post-merger supply. Under the cost plus arrangement, Eskom is responsible for the majority of the operating, capital and rehabilitation costs of these mines. The supply risk also resides with Eskom.

3. The remaining 27% of supply from the two largest suppliers (post-merger) would be from fixed price long term and medium term contracts. These are arm’s length contracts where, the mine is responsible for the capital and operational expenditure as well as all the associated mining risks. Should the supplier not deliver as per the contractual terms and conditions, there are contractual recourses including but not limited to the rectification of undersupply and penalties. Approximately 80% of the 27% mentioned above mainly relates to the coal supply to Medupi and Matimba Power Stations, which are supplied by Exxaro. There is an excess 16 Mton coal stockpile at Medupi which could cater for any short term coal supply risk at Medupi or Matimba.

27 November 2020 - NW2707

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Waters, Mr M to ask the Minister of Mineral Resources and Energy

What are thereasons that the (a) (i) City of Ekurhuleni is still operating on a temporary electricity license 20 years after it was established and (ii) National Energy Regulator of South Africa has failed to provide the specified city with a permanent license; and (b) legal implications for the city of operating with a temporary licence for 20 years? NW3475E

Reply:

a)  (i) The temporary electricity distribution licence granted to City of Ekurhuleni is still valid as it has two extension letters of which the second extension letter, dated 8 May 2007, extents the licence until 36 months after the promulgation of the Licensing Regulation made under the Electricity Regulation Act, 2006 (Act. No 4 of 2006). Until the Minister of Mineral Resources and Energy promulgates the Licensing Regulations, the temporary licences remain valid.

(ii)Refer to (i) above.

b) There are no legal implications for the City of Ekurhuleni operating with a temporary licence, as it was issued and extended by NERSA in line with section 4 (a) of the Electricity Regulation Act, 2006 (Act. No 4 of 2006).

27 November 2020 - NW2741

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Nxumalo, Mr MN to ask the Minister of Public Works and Infrastructure

(1)With reference to the alleged poor workmanship by contractors appointed by her department on the Road P63-1 from Hebron Village running from the border of Gauteng and North West to Letlhabile near Brits as well as Road P34-6 from Jan Kempdorp to Christiana, for what amount were the contractors contracted to build the roads; (2) (a) what (i) amount will it cost to redo the specified roads and (ii) criteria were used to award the specified contracts to rebuild the roads and (b) how long is it envisaged that the completion of the roads will take?

Reply:

The Minister of Public Works and Infrastructure:

Road construction is the responsibility of the Provincial Department therefore the question should be referred to the MEC of the relevant Province.

27 November 2020 - NW2569

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Graham, Ms SJ to ask the Minister of Mineral Resources and Energy

(1) With reference to borrow pits being required to meet certain statutory requirements, (a) what pre-planning and licensing requirements exist where borrow pits are being mined on land belonging to a traditional authority, (b) how does this differ from borrow pits on state-owned land, (c) who is responsible for monitoring compliance of borrow pits, (d) what measures are taken against the company responsible for the borrow pit where there is material non-compliance and (e) what measures should be taken against the company by the family of the injured and/or deceased where there is injury and/or loss of life as a result of a borrow pit that does not comply;

Reply:

a) The requirements as it relates to borrow pits are not informed by the nature of ownership of the land over which they are to be undertaken, but the distinction revolves around the entity that intends to undertake such borrow pit activities. The distinction is in the following manner.;If a natural person or an entity that intends to undertake the borrow pit activities does not form part of those that are not exempted in terms of Section 106 of the Mineral and Petroleum Resources Development Act (Act 28 of 2002), they will be required to lodge an application for either a mining permit(Where the area does not exceed 5 hectares and the period of activities may not be longer than the period for which a mining permit can be valid for) or a Mining right (Where the area exceeds 5 hectares and the activities may take longer than the period provided for mining permit). It is important to highlight that the applications for either mining permit or mining right are to be lodged simultaneously with the application for Environmental Authorization in terms of the National Environmental Management Act (Act 107 of 1998).

In case of entities, that are exempted from applying for either a mining permit or a mining right in terms of Section 106 of the MPRDA, they were previously only required to submit the application for an environmental authorization, however following the delisting of this activity from the listing notices, they are currently under no obligation to submit such unless if any of the activities to be undertaking over and above the mining of material may fall under the listing notices.

b) As indicated above, the requirements are not informed by the nature of land ownership. Whether it’s Private or State-owned land, the requirements as outlined above would apply.

(c) The Department of Mineral Resources and Energy is the authority responsible for ensuring compliance by the entities/persons that are undertaking borrow pits activities. It is however imperative to highlight that following the delisting of activities exempted in terms of Section 106 of the MPRDA IN 2017, the activities that are currently undertaken by the exempted State Owned Entities are excluded from this compliance monitoring, although the DMRE and the Department of Environment, Forestry and Fisheries have now embarked on a process of effecting the amendments to overcome this gap. The draft documents are already in place and DEFF is in the process of finalizing the same to enable the DMRE to resume this responsibility of regulating the entities that are exempted from applying for either mining permits or mining rights.

d) The measures to ensure compliance are invoked as necessitated by the nature of non-compliance and differs from one case to the other. This may amongst others include, a Compliance Notice being issued in terms of Section 31L of NEMA with the instructions for corrective measures/steps to be effected. Failure to adhere to these administrative measures in terms of NEMA may also lead to Criminal measures being invoked.

In a case where the said borrow pit would have necessitated that the mining permit or mining right be issued (those that are not exempted in terms of Section 106 of the MPRDA), the said activity may also be suspended in terms of MPRDA. In severe cases of non-compliance, such a mining permit or mining right may be cancelled in terms of Section 47 of the MPRDA, after all the due administrative processes have been followed.

e) Firstly, if the nature of non-compliance warrants that the DMRE should take the appropriate steps as provided for in the legislation, such a family may bring the aspect to the Department’s attention, so that the measures as outlined above can be considered.

(2) With regard to the six children who have reportedly died in three borrow pits in the Moretele Local Municipality, North West, in the past few years, what (a) measures is his department taking to ensure that there is stricter compliance and enforcement and (b) support will his department provide to the families of the deceased children if the deaths were found to have been preventable and due to negligence and/or non-compliance?

Reply

  1. The Department will conduct an investigation to establish the facts before responding comprehensively.

(b) It is imperative to be familiar with the actual circumstances in order to offer appropriate assistance.

 

27 November 2020 - NW2554

Profile picture: Cuthbert, Mr MJ

Cuthbert, Mr MJ to ask the Minister of Trade, Industry and Competition

(1)What are the reasons that the National Lotteries Commission (NLC) is holding such large investments at a time when it is receiving less funds for disbursement to good causes; (2) whether he will furnish Mr M J Cuthbert with a list detailing (a) with whom is each investment and (b) the type of each investments; if not, why not; if so, (3) what (a) total number of different investments make up the NLC’s total investments and (b) is the period of each specified investment?NW3225E

Reply:

I have been furnished with a reply to the question submitted, by Ms Thabang Mampane, Commissioner of the National Lotteries Commission, which is set out below. In light of the challenges faced by many South Africans as a result of the coronavirus pandemic, I will be requesting a review of the reserves policy.

The reply of the NLC Commissioner follows:

1. The National Lotteries Commission is a Public Finance Management Act, Act 1 of 1999, Schedule 3A entity. The NLC was established with the primary mandate of regulating lotteries and sports pools. From that regulatory activity, the NLC is enabled to distribute funds destined for good causes.

The NLC does not receive funding from the fiscus. The main source of revenue is derived from the share of National Lottery ticket sales from the Operator. The investments (that is, reserves) aim to sustain the operations of the organization during Licence transitions where revenue received from the National Lottery Operator is low as observed in the previous two licenses. Also in instances where the Operator may not operate. The reserves will supplement the grant allocations for good causes and the operational costs of the organisation for a period of twelve (12) months in instances where there is no revenue flowing into the organisation. This will ensure that the NLC continues to deliver on its mandate.

Section 25 of the Lotteries Act allows the NLC to invest any money which is not required for immediate allocation. Investment income diversifies the organization’s Revenue and mitigates the risk of a single source of revenue derived from a share of National Lottery ticket sales. Investment income therefore significantly contributes towards funding the operational expenditure of the organisation, consequently the NLC is able to maximize contribution to fund good causes through grant allocations.

2. and (3) During the 2019/20 financial year, the NLC had only one investment with Rand Merchant Bank which had an initial investment period of five years. The investment has subsequently matured and the NLC is in the process of re-investing.

-END-

27 November 2020 - NW2584

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Roos, Mr AC to ask the Minister of Trade, Industry and Competition

With reference to his reply to question 1293 on 18 November 2019, wherein he indicated that the second phase of the Ekandustria Revitalisation Programme has not been initiated yet pending funding approval, what (a) are the reasons that was no budget set aside in the 2019-20 financial year for the specified programme, (b) further phases and deliverables are planned in the (i) 2020-21 and (ii) 2021-22 financial years, (c) are the budgetary estimates for expenditure in the (i) 2020-21 and (ii) 2021-22 financial years and (d) is the quantum in Rand of funding that has been approved in the 2020-2021 financial year?

Reply:

I am advised by the Department as follows:

a) In the previous reply, the reference to “funding approval” refers to applications from the Mpumalanga Economic Growth Agency/Ekandustria Industrial Park for funding for the second phase, from funds available within the dtic budget. The application for funding for Ekandustria Industrial Park was presented to the dtic Critical Infrastructure programme and referred back on for the Industrial Parks Management - Mpumalanga Growth Agency (MEGA) to provide supporting information on a number of areas including the following:

  1. A maintenance plan for the industrial park;
  2. Investment promotion and potential investors pipeline;
  3. Security measures to be put in place to attend to continuous crime in the industrial park; and
  4. Progress on restoring the waste-water treatment plant which was revitalised in phase 1 and has since been decommissioned due to crime.

The Critical Infrastructure Programme referred back the Application for Phase 2 for Ekandustria on 3 July 2018, for additional information that was required. the dtic and the DBSA engaged the Mpumalanga Economic Growth Agency MEGA and sent written communication on 27 August, 2018. The revised application has since been received on 10 November, 2020.

The Ekandustria Industrial Park has had significant challenges with several service delivery protests that impacted the revitalization programme, resulting in work stoppages during the first phase and protests continued after the first phase had been completed. The management of MEGA decided to slow down the revitalization process during this time due to the risk that would impact on the assets, the staff of MEGA and the Construction team.

Should the application meet on the necessary requirements it will be presented to the next sitting of the Critical Infrastructure Programme for funding in the fourth quarter.

b) Further phases are dependent on the urgent needs of the industrial park and the programme responds to the applications submitted. A guide for the phases is as follows –

Phase 1: Security infrastructure upgrade, fencing, lighting, critical top structures and electrical requirements - The first phase requirements was requested by the industrial parks management agencies who have been experiencing high crime levels.

Phase 2: Compliance to regulatory requirements – Landfill sites; Waste and Water treatment plants, Fire, Health & Safety Requirements, and Renewable energy initiatives.

Phase 3: Engineering designs and construction of new and existing roads, bulk water supply and sewage treatment plants or industrial effluent control.

Phase 4: Upgrading electricity infrastructure, and build new top structures in line with the expansion programme of the Parks.

Phase 5: Development of vacant land and sustainable industrial clusters in the Parks.

(c)&(d) The budgetary estimates for expenditure and the quantum in Rand of funding approved in the 2020-2021 financial year is not available as the dtic has not approved any application for the Ekandustria Industrial Park yet.

-END-

27 November 2020 - NW2623

Profile picture: Cuthbert, Mr MJ

Cuthbert, Mr MJ to ask the Minister of Trade, Industry and Competition

(1)What (a) amount did his (i) department and/or (ii) Ministry spend on vehicle hire for (aa) himself and (bb) the Deputy Ministers (i) Ms N Gina and (ii) Mr F Z Majola and (b) are all the relevant details in each case; (2) whether he has found that hired vehicles have been used in place of ministerial vehicles assigned to (a) him and (b) the Deputy Ministers; if not, what is the position in this regard; if so, what are the (i) reasons and (ii) relevant details; (3) whether he will furnish Mr M J Cuthbert with a list of all of the service providers used to hire vehicles for him and the specified Deputy Ministers; if not, why not; if so, on what date? NW3337E

Reply:

As per the Ministerial Handbook, official vehicles are provided to Ministers and Deputy Ministers in order for them to carry out their official duties. In instances where official vehicles are not available, vehicles are then hired.

As per our records, cars were hired for Minister Ebrahim Patel for use in cities where no official vehicle was available, as follows:

Minister Ebrahim Patel

Place of hire

Travel date

Return date

Amount (R)

Supplier Name

Port Elizabeth

25-Jul-19

25-Jul-19

1 565,73

Phakisa world fleet Solutions Isando (Hwt.Pks)

Durban

12-Jul-19

13-Jul-19

1 771,81

Phakisa world fleet Solutions Isando (Hwt.Pks)

Durban

14-Sep-19

15-Sep-19

3 932,35

Woodford Car And Bakkie Hire (Hwt.Wch)

Durban

4-Oct-19

4-Oct-19

2 970,68

Woodford Car And Bakkie Hire (Hwt.Wch)

Durban

16-Oct-19

18-Oct-19

6 363,34

Woodford Car And Bakkie Hire (Hwt.Wch)

 Total

   

16 603,91

 

The records for the Deputy Ministers are still being collated and will be provided as a supplementary reply as soon as possible.

-END-

27 November 2020 - NW2836

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Mashabela, Ms N to ask the Minister of Basic Education to ask the Minister of Basic Education

What are the details of the plan that her department has put in place to deal with safety and security in schools in Mopani District Municipality in Limpopo Province?

Reply:

1. The Honourable Member should know that our intervention regarding safety and security at schools are not localised, but are national.  The National School Safety Framework (NSSF) remains our primary strategic response to school violence. It is a  comprehensive approach that coordinates and consolidates all school safety interventions in the sector.  The NSSF is based on a social ecological systems model which locates the school within its broader community.  It relies on collaboration and partnership for more coordinated approach to responding to school violence. 

2.The Department of Basic Education, through the School Safety Directorate has established a platform (What-App Group) for ongoing mentoring of schools. 

3. The Department of Basic education through School Safety Committees and Quality Learning and Teaching Campaign (QLTC) is mobilising communities, including Mopani District communities towards ownership of schools as community centres and future plans include a move towards encouraging communities towards mobilizing the alumni to adopt the schools which they previously attended that contributed to their education foundation to rekindle the love of education by both the youth and the communities

4. The  Department rolled out Bullying Prevention and Positive Discipline programmes in all Limpopo Education Districts, including Mopani District partnership with Active Education to address incidences of violence, homophobic bullying and cyber-bullying in particular.

5. Safety Committees at local levels and QLTC constantly run campaign to encourages the community participation to foster common identity and building social cohesion and make schools centres of our heritage

6. Communities are encouraged to protect the schools from criminal elements by participating in Community Policing Forums (CPFs), through the existing DBE Protocol Partnership with the South African Police Service (SAPS).

27 November 2020 - NW2820

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Mileham, Mr K to ask the Minister of Mineral Resources and Energy

(1) For each storage facility owned, leased and/or operated by the Strategic Fuel Fund, (a) on what date was the last (i) maintenance and (ii) refurbishment undertaken on the storage tanks and (b) what was the cost of such maintenance and/or refurbishment in each case; (2) (a) on what date was each specified facility last audited for environmental compliance and (b) what were the findings of the last environmental audit in each case; (3) whether there are any indications of seepage into the ground and/or the groundwater table; if not, what is the position in this regard; if so, what are the relevant details of the seepage?

Reply:

1. Saldanha Terminal

(1)     For each storage facility owned, leased and/or operated by the Strategic Fuel Fund, (a) on what date was the last (i) maintenance and (ii) refurbishment undertaken on the storage tanks and (b) what was the cost of such maintenance and/or refurbishment in each case;

  • Saldanha Terminal is made of Concrete Underground Closed tanks which do not require maintenance or refurbishments on the Saldanha tanks. There are however scheduled inspections to test the tanks structure and roof supports. In all inspections done to date there were NO abnormalities that were detected. This include the tank settlement test that was done in 2016, where no discernible changes since commissioning were observed.

(2) (a) on what date was each specified facility last audited for environmental compliance and (b) what were the findings of the last environmental audit in each case;

(a) The last full recertification Audit was conducted by SABS on ISO14001 2015 on the 10TH to the 13TH March 2020

(b) One “minor” finding was issued and cleared by SFF Saldanha and we have thus been recertified under the new ISO 140001 2015 StandardCertificate}.

(3)   whether there are any indications of seepage into the ground and/or the groundwater table; if not, what is the position in this regard; if so, what are

the relevant details of the seepage?

A “Ground water sampling” exercise is done bi-annually and the last one was done in May 2019 and there is no seepage detected to date.

​​2. ​Milnerton Terminal

1. For each storage facility owned, leased and/or operated by the Strategic Fuel Fund;

a) on what date was the last Maintenance:

(i) Maintenance of the SFF Milnerton tank farm is an on-going exercise based on a schedule created as per the operating and manufacturers specification of a particular equipment. These schedules are distributed from the Maintenance planner’s office to the relevant staff (electrical or mechanical). Another form of maintenance is “adhoc” as and when a breakdown occurs it is attended to.

(ii) 1999 - 2002

  • During this period 11 tanks were refurbished.

​b) For each storage facility owned, leased and/or operated by the Strategic Fuel Fund, what was the cost of such maintenance and/or refurbishment in each case:

  • SFF paid market related costs as obtained following its approved tender process.

2. On what date was each specified facility last audited for environmental compliance:

a) An “Environmental Legal Compliance Audit” is conducted bi-annually and the last audit was done in June 2019.

b) The results of these audit was 2 minor findings that were closed-off and terminal received certification.

3. Whether there are any indications of seepage into the ground and/or the groundwater table; if not, what is the position in this regard; if so, what are the relevant details of the seepage?

  • A “Ground water sampling” exercise is done bi-annually and the last one was done in December 2019 and there is no seepage detected to date,

 

27 November 2020 - NW2812

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Tarabella - Marchesi, Ms NI to ask the Minister of Basic Education to ask the Minister of Basic Education

(1)       With reference to her reply to question 2561 on 6 November 2020, what is the breakdown of learners in each (a) grade and (b) province who have not been accounted for between 1 April 2020 and 1 October 2020; (2) whether the original total figure furnished in the reply includes those students who were given permission to be home-schooled; if not, what is the position in this regard; if so, what are the relevant details; (3) how has her department monitored those students who have decided to study from home versus those who have dropped out?

Reply:

(1) Please see attachment.

(2) Yes.

(3) The provinces are busy triangulating and verifying the information when learners sit for examination. 

26 November 2020 - NW2608

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

Whether, with reference to the lease of the Head Office of the Pan South African Language Board, the processes which were followed had complied with the regulations of the Public Finance Management Act, Act 1 of 1999; if not, why not; if so, (a) where was the tender advertised, (b) what total number of bids were received and (c) what (i) was the total lease amount and (ii) is the current lease amount?

Reply:

The Department of Sport, Arts and Culture does not deal with lease agreements it is the purview of the department of Public Works and Infrastructure.

26 November 2020 - NW2220

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

(1)(a) What type of entity is Infrastructure South Africa (ISA), (b) under which legislative prescript was the ISA established and (c) where in the organogram of her department does the ISA sit; (2) under what legislative prescripts was the appointment of a certain person (name and details furnished) done? (3) whether the organisational structure for the ISA is available; if not, (a) who will draft the organogram and (b) by what date will the organogram be drafted; if so, will she provide Ms S J Graham with a copy of the organogram; (4) whether appointments will be made without an organogram being in place; if not, what is the position in this regard; if so, what are the relevant details of the position(s) in which appointments will be made (details furnished); (5) (a) where is the funding for the ISA emanating from, (b) how much funding has been allocated to ISA in the current financial year, (c) where is the budget and (d) how is the budget allocated?

Reply:

The Minister of Public Works and Infrastructure:

1. (a) ISA was not established as an entity but a function to oversee the implementation of the mandate of Infrastructure. It is part of the National Department of Public Works and Infrastructure (NDPWI) functional organisational structure reporting to the Minister, responsible for PICC & IDMS roles emanating from the National Macro Organisation of Government (NMOG) processes including the urgent need for targeted infrastructure investment.On the 27 May 2020, Cabinet resolved to create Infrastructure South Africa (ISA) to be housed within DPWI to serve the purpose of being a single-entry point and to ensure that DPWI has a system accounting for all infrastructure projects at all levels of government.

(b) Public Service Regulations, 25 (2)(a) states that, based on the strategic plan of the department, an executive authority shall determine the department’s organisational structure in terms of its core mandated and support function. Public Service Act, section 41 stipulates the alignment with the said regulations as well as the role of the Minister of Public Service and Administrations.

(c) The structure depicts ISA at a macro level within the department with the Head of ISA reporting to the Minister of Public Works and Infrastructure.

2. Dr Kgosientsho Ramokgopa is appointed in the Presidency on contract. The Ministerrequested the permission of the Presidency to utilize the expertise of Dr Ramokgopa in introducing the functions of Infrastructure within DPWI.

3. The start-up organisational structure of ISA was concluded by the Minister of Public Works and Infrastructure and submitted to the Minister of Public Service and Administration for his concurrence in accordance with the Public Service Act and Regulations. The organisational has now been approved and ready for implementation.

4. The process of recruitment is currently underway. The positions of Head of ISA, Deputy Director Generals and Chief Directors was advertised on the 8 November 2020.

5. The Department has reprioritised the budget which was approved by National Treasury for an amount of R23.062m. The breakdown is as follows:

a) Compensation of Employees is an amount of R11.943 m

b) Goods and Services is an amount R11.119m

c) And (d) See Annexure A – Allocation letter.

26 November 2020 - NW2776

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Denner, Ms H to ask the Minister of Sport, Arts and Culture

With regard to the Government’s planned initiative to move so-called colonial and apartheid statues to certain heritage sites and the tribunal to be appointed to determine which statues will be moved to which locations, (a) how will the composition of the specified tribunal be determined and (b) by what date does he envisage that the work of the tribunal will commence?

Reply:

(a). The composition of the tribunal will be determined by the National Heritage Resources Act 25 of 1999.

(b). The work of the tribunal will commence upon the outcome of the national audit that will be conducted by the South African Heritage Resources Agency (SAHRA) as mandated by my department.

26 November 2020 - NW2566

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Waters, Mr M to ask the Minister of Sport, Arts and Culture

Whether, with reference to the replies to questions (a) 956 on 8 June 2020, (b) 955 on 8 June 2020, (c) 954 on 8 June 2020, (d) 960 on 8 June 2020, (e) 1173 on 22 June 2020 and (f) 1175 on 22 June 2020, he has received the requested information; if not, why not; if so, what are the further relevant details?

Reply:

Questions 1173 was responded to and the status remains.

For the outstanding questions 954, 955, 956 and 960 I will write a letter to the President of SASCOC to impress upon them, their obligation to respond to questions posed by Members of Parliament.

26 November 2020 - NW2854

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Luthuli, Mr BN to ask the Minister of Sport, Arts and Culture

With reference to the new funding model of the SA Broadcasting Corporation, which includes the retrenchment of 400 employees, (a) what programmes has his department initiated to ensure that jobs are preserved in the arts and entertainment industries and (b) how is his department preventing the increased precariousness of workers in the arts and entertainment industries?

Reply:

(a). My Department is already implementing the Presidential Employment Stimulus Program (PESP) as part of the economic recovery plan. Amongst the programs that are being implemented by the Department’s film development agency – the National Film and Video Foundation (NFVF) is a program on job retention in the audio-visual industry. The program is meant to support and counteract the anticipated job losses and to stimulate economic activity.

The other stream within the program is that of employment creation initiatives for creative & cultural practitioners to support their outputs. This includes (but is not limited to) supporting innovation in digitisation efforts for content creation and the dissemination and development of e-commerce products and services. It should however be noted that the work of the SABC practitioners is largely focused on journalism and creation of current news.

(b). Given the current difficult economic environment that is affecting all industries, job loss is something that has become inevitable. Much as the creative industry is one of the hardest hit industries but it also has the potential of being, the most resilient given its innovative nature and the capacity to survive on freelance work. The implementation of the above-mentioned programs is meant as an effort to address the precariousness of workers in the cultural and creative industries. The second wave of the COVID-19 relief program continues to cater for the independent contractors. Further, the Department has embarked on the development of the Cultural and Creative Master Plan process will introduce short, medium and long-term interventions for the sustainability of the Industry.

26 November 2020 - NW2639

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Waters, Mr M to ask the Minister of Sport, Arts and Culture

Whether, with reference to his replies to questions 2109, 2112 and 2113 on 12 October 2020, and given the fact that employees of the SA Sports Trust have been working from their offices every Monday, Wednesday and Friday since the start of level 4 of the lockdown to curb the spread of Covid-19 and that the employees of the SA Sports Confederation and Olympic Committee have been going to work every other day, he has received the requested information; if not, why not; if so, what are the relevant details?NW3353

Reply:

Questions 2113 was responded to, the status quo remains the same.

For the outstanding question 2109 and 2112 I will write a letter to the President of SASCOC to impress upon them their obligation to respond to questions posed by Members of Parliament.

26 November 2020 - NW2355

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

(1) In light of the fact that the Independent Development Trust (IDT) was used as the implementing agent for the Expanded Public Works Programme’s (EPWP) Covid-19 response, (a) by what means were the nonprofit organisations (NPOs) identified, (b) what criteria were used to determine which NPOs would be used, (c) what number of the specified NPOs were already part of the nonstate sector (NSS) NPO EPWP programme; (2) what (a) number of organisations that were already contracted to the IDT as part of the NSS EPWP programme were not used and (b) were the reasons for not using them; (3) whether the original NSS EPWP NPO programme is going ahead for this financial year as well; if not, (a) why not and (b) on what legislation and/or legal provisions will she rely to avoid legal repercussions for the breach of contract; if so, how far is the IDT with the implementation of this programme?

Reply:

The Minister of Public Works and Infrastructure:

1. I was informed by the Department of Public Works and Infrastructure (DPWI) that the Non-Profit Organisations (NPOs) that participated in DPWIExpanded Public Works Programmes (EPWP) COVID-19 response,were identified from an existing database of NPOs that were contracted by the Independent Development Trust (IDT)in 2019. These NPOs entered into a contractual agreement, with the IDT, for a period of two (2) years (i.e. 2019/20 – 2020/21) to implement the NPO programme activities.Considering their contracts were still active, the DPWI deemed it appropriate for the IDT to utilise the existing NPOs from the aforementioned database, subject to them being compliant with the Central Supplier Database (CSD) requirements.

Prior to contracting with the IDT in 2019, the NPOs had to undergo due diligence. The following criteria had to be met:

  • Valid Tax Clearance from SARS
  • Valid UIF Clearance Certificate
  • A valid letter of good standing from Compensation Fund
  • A valid letter from Department of Social Development confirming NPO registration
  • Proof that organisation has been in existence or operational for a minimum of 2 years
  • Submission of information of how the NPOs will create labour intensive (60%) activities and EPWP work opportunities
  • Proof of the NPOs good financial, administrative and reporting systems
  • Confirmation that work to be undertaken will have a developmental focus
  • Proof that the NPO has a presence where work will be undertaken
  • Attendance of compulsory briefing sessions for all NPOs.

For the purpose of COVID-19 interventions, of the 339 NPOs on the IDT database, 189 NPOs were contracted.

Three Hundred and Thirty Nine (339) NPOs were already part of the Non-State Sector (NSS) Non-Profit Organisations (NPOs) programme contracted for a period of two (2) years in 2019.

2.(a) I was informed that of the 339 NPOs who were already part of the NSS NPOs programme, a total of 150 NPOs contracted to the IDT were not used.

(b)The reason these NPOs could not be used is due to the fact that they either did not meet the participation criteria or were un-willing to participate in the COVID-19 emergency response project.The plan still remains to implement the original NSS EPWP NPO programme.

3.(a) The Plan still remains to implement the original NSS EPWP NPO Programme.

(b) Currently the IDT is implementing the EPWP COVID-19 response project until the end of November 2020.

26 November 2020 - NW2700

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

(1) Whether the National Arts Council (NAC) failed to pay 25% of funding due to its beneficiaries; if not, what is the position in this regard; if so, what are the relevant details; (2) whether any beneficiaries did not receive their monetary allocation as per contract agreement; if not, (a) why not and (b) what number of beneficiaries; if so, (3) whether this was a breach in terms of the contract; if not, why not; if so, will it result in legal action against the NAC; (4) whether he will furnish Mrs V van Dyk with the full, relevant details of the relevant contracts; if not, why not; if so, what are the relevant details; (5) whether, in cases where payment was not made, the NAC had engaged with the beneficiaries; if not, why not; if so, was there mutual agreement?NW3468E

Reply:

1. The NAC did not fail to pay the 25%. The National Arts Council pays the 25% based upon beneficiaries reporting for the first instalment and or second instalment disbursed. The disbursement is not automatic, it is subject to beneficiaries accounting and reporting for the funds already disbursed. The funds that have been disbursed already need to be accounted for by beneficiaries before the 25% can be paid. Some of the funding (representing 25% on the balance of their grant) has already been paid (R444 957) to 24 beneficiaries.

2. 61 Beneficiaries were originally earmarked for 25% calculated based on the balance remaining after claiming the first and or the second tranche. Some beneficiaries disputed 25% because of poor understanding and/ or lack of communication from either the part of the NAC or beneficiaries as to whether their project would be able to continue during lockdown. The funding has subsequently been approved to be disbursed to the affected beneficiaries. Beneficiaries are required to report on the first and/ or second tranches paid; and in addition, submit updated tax clearance certificates before grant funds can be paid out.

3. The NAC contract does not have a force majeur clause. The contract was not breached because the National Disaster Act took precedence over any contract where beneficiaries could not implement the work funded.

4. A sample on the NAC contract is attached to this response.

5. The NAC has engaged with the relevant beneficiaries. Beneficiaries, whose grant funds are due, will be fully reimbursed subject to them reporting on funds already disbursed and upon submitting valid tax clearance certificates.

26 November 2020 - NW2538

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Schreiber, Dr LA to ask the Minister of Public Works and Infrastructure

(1)What number of former (a) Ministers and (b) Deputy Ministers who were not included in the Cabinet announced by the President, Mr M C Ramaphosa, on 29 May 2019, are still living in official residences; (2) whether she will furnish Dr L A Schreiber with a list of full names of all such former (a) Ministers and (b) Deputy Ministers; if not, what is the position in this regard; if so, what are the relevant details; (3) what total costs has her department incurred for providing official residential accommodation to former (a) Ministers and (b) Deputy Ministers since the President, Mr M C Ramaphosa, constituted the current Cabinet on 29 May 2019?

Reply:

The Minister of Public Works and Infrastructure:

  1. (a) None. (b) In Pretoria there is one former Deputy Minister.
  2. (a) None. (b) In Pretoria we have Mr Gert C. Oosthuizen, former Deputy Minister of Sport and Recreation.
  3. (a) None. (b) In Pretoria the Departments’ Valuations Unit made a determination for a market related rental to the value of R480,000.00 which has been raised as a debt against Mr Gert C. Oosthuizen, former Deputy Minister of Sport and Recreation.

26 November 2020 - NW2724

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Van Dyk, Ms V to ask the Minister of Sports, Arts and Culture”:

Whether the name of Jamestown in the Eastern Cape has been changed to James Calata; if not, what is the position in this regard; if so, on what date (a) did the change take effect and (b) was it published in the Government Gazette?

Reply:

(a). The name Jamestown in the Eastern Cape, has been changed to James Calata. The Minister of Sport, Arts and Culture approved the name change on 29 April 2015.

(b) It was published in the Government Gazette No 3920, Notice Number 831 of 11 September 2015.

26 November 2020 - NW2466

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

(1) What number of new beds has her department procured for the parliamentary villages; (2) whether the beds are intended for all three parliamentary villages; if so, (a) what number of beds are intended for each parliamentary village, (b) what criteria will be used to determine who is entitled to receive a new bed, (c) what is the value of the bed contract and (d) to whom was the tender/contract for the provision of beds awarded; (3) whether the contract includes other items for the houses; if so, what are the details of the (a) additional items and (b) associated costs; if not, (4) whether her department has any plans in place for the procurement of additional items for the specified houses; if not, why not; if so, what are the relevant details?

Reply:

The Minister of Public Works and Infrastructure:

1. I was informed by the Department of Public Works and Infrastructure (DPWI) that a total number of 360 new beds were procured by the Department for the three parliamentary villages.

2. Yes, the beds are intended for the main bedroom of all residences occupied by Members of Parliament at the three parliamentary villages.

(a) A total of 235 beds are intended for Acacia Park, a total of 56 beds are intended for Laboria Park and a total of 69 beds are intended for Pelican Park;

(b) All the beds of the main bedroom of Members of Parliament are entitled to replacement, unless a Member of Parliament feels that the bed does not require replacement;

(c) The value of the bed contract is R1,787,514.72;

(d) The contract for the provision of beds was awarded to Huracan term contract

3. This particular contract does not include any other items for the houses.

4. No, the Department does not have any plans to procure additional items for the specified houses as there is no need for it at the moment and the lifespan of the current items are still valid.

26 November 2020 - NW2650

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Mhlongo, Mr TW to ask the Minister of Sport, Arts and Culture

Whether, with reference to his reply to question 732 on 16 September 2019, he will furnish Mr T W Mhlongo with the copy of the audited financial statements of the Creative and Cultural Industries Federation of South Africa for the (a) 2014-15, (b) 2015-16 and (c) 2016-17 financial years; if not, why not; if so, what are the relevant details?

Reply:

  1. I have directed the Director General to get the audited financial statements and forward them to the honourable Member.

26 November 2020 - NW2591

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Terblanche, Mr OS to ask the Minister of Public Works and Infrastructure:

What are the details of the measures that her department has put in place to prioritise the construction and/or renovation of SA Police Service stations

Reply:

The Minister of Public Works and Infrastructure:

The Government Immovable Asset Management Act 19 of 2007 (GIAMA) requires custodians and users to observe principles of immovable asset management, as strategic asset strategic planning instruments including prioritization.

The department has put in place a number of programmes to prioritise the construction and/or renovation of SA Police Stations across the country namely, the Repair and Refurbishment Programme and Client Capital Programme.

Current Stages

Repair and Refurbishment

Client Capital

Total Per Stage

 

No. off

No. off

 

Design (Status 4)

56

150

206

Construction (Status 5B)

38

25

63

Total Per Programme

94

175

 

The department has a number of projects in the design phase and construction phase to respond to the client’s needs. The high level plans are as follows:

26 November 2020 - NW2638

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Waters, Mr M to ask the Minister of Sport, Arts and Culture

Whether, with reference to his replies to questions 1530, 1531, 1613 and 1614 on 29 July 2020, and given the fact that employees of the SA Sports Trust have been working from their offices every Monday, Wednesday and Friday since the start of Level 4 of the lockdown to curb the spread of COVID-19 and that the employees of the SA Sports Confederation and Olympic Committee have been going to work every other day, he has received the requested information; if not, why not; if so, what are the relevant details?

Reply:

Questions 1530, 1613 and 1614 were responded to, the status quo remains the same.

For the outstanding question 1561, I will write a letter to the President of SASCOC to impress upon them, their obligation to respond to questions posed by Members of Parliament.

26 November 2020 - NW2692

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Luthuli, Mr BN to ask the Minister of Sport

With reference to the South African producer, Master KG, who was recently awarded with the MTV European Music Award for Best African Act, which illustrates the possible opportunities available for South African artists to expand globally, what kind of support does his department provide to artists looking to expand and become globally competitive?

Reply:

The Department has a programme called Touring Ventures, initiated to deliver on the aims and objectives of the Mzansi Golden Economy (MGE) funding strategy. This is a Strategic Market Access Programme. The programme’s mission is to provide opportunities for market access, audience development and the creation of job opportunities for local artists. The programme supports projects that are toured locally or internationally to showcase and promote diverse South African based arts products, that includes artists.

In August 2020, the Minister appointed Master KG and NomceboZikode as Cultural Diplomacy Ambassadors as part of existing initiatives to position the South African Arts and culture products on international platforms. This initiative further makes it easy for the country’s local artists to participate on reputable internationally platforms, also, for other South African artists’ work to be recognized globally. Since the appointment, a number of arts organisations showed interest in getting them participate in international festivals.

26 November 2020 - NW2606

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

(1).What is the term of each board member of the Pan South African Language Board; (2). whether the board has received any working tools such as an interactive personal application device (iPad); if not, why not; if so, (a) does this comply with the public finance management act, act 1 of 1999, (b) who approved the procurement of the working tools and (c) what was the total expenditure

Reply:

1. The term of the Board of PanSALB is 5 years.

2. The Board members received working tools in the form of iPads and a Laptop. 11 members received iPads and one (1) member received a laptop.

a) The Public Finance Management Act does not make provision for working tools and therefore the working tools were procured with the Board resolution, which the Board has signed and gave to Supply Chain Management to procure the working tools.

b) The former Chairperson, Dr David Maahlamela, who was Acting CEO at the time, approved the procurement of the working tools.

c) The iPads were an outright purchase at a total cost of R118 704 excluding data that is billed monthly per usage. The total amount paid included iPads for the CEO, CFO and Acting Executive Head: Languages. The price of the laptop was R33 016.

26 November 2020 - NW2567

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Waters, Mr M to ask the Minister of Sport, Arts and Culture

Whether, with reference to his replies to questions, (a) 1361, (b) 1436, (c) 1437, (d) 1438 and (e) 1360 on 16 July 2020, he has now received the requested information; if not, why not; if so, what are the further relevant details?

Reply:

Questions 1360, 1436 and 1437 were responded to, the status quo remains the same.

For the outstanding questions 1361 and 1438 I will write a letter to the President of SASCOC to impress upon them, their obligation to respond to questions posed by Members of Parliament.

26 November 2020 - NW2652

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Luthuli, Mr BN to ask the Minister of Sport, Arts andCulture

With the festive period being one of the busiest times for the arts and culture industry and with the expected impact of the COVID-19 pandemic to result in significant reductions in income for the sector, what (a) are some of the practical measures that will be taken as part of the recently launched President’s Employment Stimulus Programme in order to assist with the retention and creation of jobs in the arts and culture sector and (b) specific measures can be expected for artists in KwaZulu-Natal which remains one of the prime arts and culture provinces in the Republic?

Reply:

The Department of Sport Arts and Culture recognises the devastating impact of the COVID-19 pandemic in the livelihoods of the artists and creatives as a whole. It is this recognition that made us to continue working with the sector to come up with various measures and interventions to mitigate the negative impact to artists across the country, inclusive of the KwaZulu-Natal Province.

On 30 October 2020 the Department of Sport, Arts and Culture announced the opening of the call for the sector to apply through the National Arts Council (NAC) and the National Film and Video Foundation (NFVF). The call is aimed at soliciting proposals from the sector that demonstrate opportunities to create work in order to get income flowing and to get the sector moving as part of the reconstruction and recovery of the economy.

The closing dates for submissions to both entities are as follows:

NAC closing date for Stream 1: 20 November 2020

NAC closing date for Stream 2 is 27 November 2020

For NFVF the closing date is 30 November at 17:00

Entities will adjudicate applications as soon they are received them to expedite the turnaround time for disbursement. This will allow the National Arts Council to release the first results few days after the closing date by 30 November 2020.

The entities are expected to start processing the payment immediately after the announcement by the second and third week of December 2020.

We are continuing with the drive to mobilise prospective applicants to apply throughout the country and we are motivated by the numbers of applications thus far.

26 November 2020 - NW2607

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

Whether any forensic investigator has been appointed at any stage to the Pan South African Language Board during the past five years, if so, (a) what is the order number, (b) who approved the specified appointment, (c) what is the name of the company that was used and (d) at what cost was the appointment made

Reply:

1. PANSALB has indicated that, two investigators were appointed during the past five years, one by the Department and another by Pan South African Language Board. It appears that in appointing Rakoma& Associates, due processes were not followed and investigation is underway.

a) Gobodo Forensic Investigators: Order number OR-015583. Rakoma& Associates: No order number issued.

b) Gobodo Investigators: Department of Arts and Culture Chief Audit Executive. Rakoma& Associates: Ms S ANetshiheni (Acting CEO).

c) Gobodo Forensic Investigators (Appointed by the Department) Rakoma& Associates (Appointed by Pan South African Language Board)

d) Gobodo: R535 267.49 Rakoma: No cost stipulated.

26 November 2020 - NW2701

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

(1) Whether he has been informed by the Office of the Public Protector that she is currently investigating the failure of the National Arts Council (NAC) to pay beneficiaries; if not, why not; if so, what are the reasons for the non-payment; (2) whether the recommendations of the former Public Protector, Adv. T N Madonsela, against the Chief Executive Officer of the NAC have been implemented; if not, why not; if so, what are the relevant details?

Reply:

1. The NAC has been informed by the office of the Public Protector for the non-payment of beneficiaries. Some beneficiaries had disputed 25% because of poor understanding and/ or lack of communication either the part of the NAC or beneficiaries as to whether their project would be able to continue during lockdown. The funding has subsequently been approved to be disbursed to the affected beneficiaries. Beneficiaries are required to report on the first and/ or second tranches paid; and in addition, submit updated tax clearance certificates before grant funds can be paid out. Therefore the funds are currently being disbursed to beneficiaries who have complied with the disbursement conditions.

2. There were no recommendations issued by the former Public Protector, Adv. T N Madonsela against the Chief Executive Officer of the NAC.

26 November 2020 - NW2571

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

(1)With reference to the Sarah Baartman Centre of Remembrance breaking ground in April 2014 with an initial budget of R 165,4 million and a proposed completion date in October 2016, (a) what is the current anticipated cost of the specified centre, (b) what total amount of the new costs relate to expenditure on work already completed that is not up to standard, (c) what has been done to recover costs from the original contractor, (d) has work commenced on the project since the lockdown period was declared and (e) what is the current anticipated date of completion; (2) what total number of jobs have been created on the project to date; (3) what total number of small, medium and micro enterprises (a) have already been involved, (b) are currently contracted, (c) are local businesses in the Kouga Local Municipality and (d) are based in the Eastern Cape as compared to those that are from outside the Eastern Cape?

Reply:

The Minister of Public Works and Infrastructure:

1.

a) I was informed by the Department of Public Works and Infrastructure (DPWI) that the current estimated cost to complete the Sarah Baartman Centre of Remembrance project amounts to approximately R 200 million.

b) I am informed that at this stage of the project, no cost was paid for work that is not up to standard. The contractor disputed the non-payment of unsatisfactory work that had to be redone. The matter was referred to Mediation for a final recommendation.

c) An assignment of the contract took place between the original contractor and new contractor. The assignment of the contract was a decision between the two contractors, which was merely accepted and honored by the Department at their request. By accepting the assignment, the new contractor took over all contractual obligations and responsibilities from the original contractor. The assignment agreement indicated that all retention monies that was withheld by the Department must be released to the original contractor since the new contractor offered a variable Construction Guarantee of 10% of the project value. The new contractor would recover their losses from the original contractor.

d) The work did not commence immediately after the Lockdown period, due to the reasonthat the contractor cancelled the contract due to a payment that was not received in time as per the timeframe indicated in the Condition of Contract. After several engagements with the contractor, the contractor agreed to rescind the termination and started work on site on the 19 October 2020.

e) The anticipated completion date of the project is scheduled for May 2021.

2. A total number of 121 work opportunities were created on the project during the 2019/2020 financial year.

(3)

(a) A total number of 16 SMME’s were employed.

(b) 5 SMME’s are currently contracted and confirmed returning to site

(c 3 SMME’s are from local businesses in the Kouga Local Municipality

(d) 13 SMME’s are from the Eastern Cape, excluding the 3 above from Kouga Local Municipality. I am informed that there are no SMME’s from outside the Eastern Cape.

26 November 2020 - NW2395

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Siwisa, Ms AM to ask the Minister of Public Works and Infrastructure

(1) On what legislation and/or legal provisions did she rely when she published her department’s Expropriation Bill of 2020 before the completion of the parliamentary process to amend section 25 of the Constitution of the Republic, 1996, to allow for land expropriation without compensation; (2) whether she has found that the publication of her department’s Expropriation Bill for 2020 will not hinder the parliamentary process in any way?

Reply:

The Minister of Public Works and Infrastructure:

1. The Expropriation Bill [B23-2020] is to replace the Expropriation Act 63 of1975. The Act of 1975 is inconsistent with the Constitution of South Africa, as also noted by the Presidential Advisory Panel on Land Reform and Agriculture. The Expropriation Bill [B23-2020] was published in the Government Gazette for submission to Parliament in terms of Rule 276(1) (b) and (c) of the Rules of the National Assembly.

2. No.The Office of the Chief State Law Advisor (OCSLA) granted the final certification on 28 September 2020. The OCSLA found that the Expropriation Bill [B23-2020] is constitutional and therefore should proceed for parliamentary processes.

The review of section 25 of the Constitution, 1996 is the preserve of the Constitutional Review Committee (CRC) of Parliament. In terms of the separation of powers doctrine the three arms of the state must respect the constitutional status, institutions, powers and functions accorded to each one of them.

26 November 2020 - NW2540

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De Freitas, Mr MS to ask the Minister of Public Works and Infrastructure

With reference to the Southern Sun Emnotweni Hotel in Mpumalanga which was identified as a Covid-19 isolation site and was open during the lockdown to curb the spread of the coronavirus, (a) what are the reasons that the specified facility was kept open throughout each level, (b) who was accommodated at the facility in each week, (c) what total number of government officials, irrespective of which department where they are employed, were accommodated in the facility in each week, (d) what are the reasons that they were accommodated in each case and (e) what amount was spent in each (i) case and (ii) week?

Reply:

The Minister of Public Works and Infrastructure:

I was informed by the Department of Public Works and Infrastructure that the Department did not contract with the Southern SunEmnotweni Hotel as a quarantine site.

26 November 2020 - NW2356

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

(1) What progress has been made in meeting the target of 25% set in her department’s 2020 Annual Performance Plan for new leases to be with black-owned properties; (2) whether her department intends entering into a lease with landlords who are not compliant with the requirements of Black Economic Empowerment in cases where (a) there are no black-owned properties in a certain area and (b) black-owned properties do not meet certain criteria; if not, why not; if so, what are the relevant details; (3) whether in cases where black-owned properties do not tender for a specific contract, her department will cancel the tender process and re-tender in order to allow for those businesses to participate; if not, what is the position in this regard; if so, what (a) number of times would the procedure be followed and (b) other mechanisms would be used to ensure that the 25% target is met?

Reply:

The Minister of Public Works and Infrastructure:

1. I was informed by the Department of Public Works and Infrastructure (DPWI) that the Department has thus far awarded a total of seven (7) lease contracts for the current financial year. Of these, five (5) have been awarded to black owned properties.

2. The Department continues to award leases to landlords who do not meet requirements of Black Economic Empowerment. The details are as provided in Annexure A (attached). It is not in the Empowerment Policy of the Department not to award any tender to landlords who do not meet requirements of the Black Economic Empowerment.

3.The Department will not cancel tender and restart the procurement processes solely on the basis of non-participation of bidders who comply with the requirements of Black Economic Empowerment.

Additionally, the cancellation of tenders are legislated in that departments are only allowed to cancel tenders in instances where due to changed circumstances there is no longer a need, funds are no longer available to cover the expenditure, no acceptable tender is received or there is a material irregularity in the tender process. Departments are only allowed to cancel a tender for the first time and thereafter any further cancellations must be approved by the National Treasury.

 

26 November 2020 - NW2592

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure

Whether she has put any measures in place to ensure that small, medium and micro enterprises contracted to participate in the Government’s construction and infrastructure projects are sufficiently skilled to ensure that quality is not compromised in pursuit of the targets set out in the Preferential Procurement Policy Framework Act, Act 5 of 2000; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Minister of Public Works and Infrastructure:

The Department of Public Works and Infrastructure (DPWI) has programmes at various stages for small, medium and macro enterprises contracted to participate in the Government’s construction and infrastructure projects.

The Vuk’uphileLearnership Programme was launched in 2014 through the Expanded Public Works Programme (EPWP) to promote economic growth and create sustainable development, for lower end Contractors with CIDB Grading 1 to 3. This programme is an Emerging Contractors Development Programme to build capacity to execute the increasing amount of labour-intensive work as part of the EPWP. The learner contractors in the programme receive training as part of the EPWP guidelines inorder to develop the learners on bidding and executing labour intensive projects, so that they are fully fledged contractors when they exit the programme.

Furthermore, the Department is planning to implement the Contractor Incubator Programme (CIP) targeting the development of emerging contractors between CIDB Grading 3 to 6. The purpose of the incubator programme therefore is to create an enabling environment within which selected existing contracting enterprises can develop into sustainable contracting enterprises. The programme is in the approval stages of the procurement strategy by the Department.