Questions and Replies

Reply:

Kindly note that, I cannot confirm the accuracy of the statement and question provided by the Honourable member Madlingozi without additional positive evidence or information about the wasteful expenditure he referred to. However, and as a general rule, it is not uncommon for organisations and individuals that receive public funding to be subjected to strict regulations and guidelines regarding the use of those funds.

In the case of the Mzansi National Philharmonic Orchestra, such obligations are stipulated within the agreement that the Mzansi National Philharmonic Orchestra had entered into with the National Arts Council. In this context, strict measures will certainly be taken in cases where the public funds are not used in accordance with the agreement.

The measures will include penalties or other consequences for any organisation or individual found to be in violation of the applicable rules regarding the usage of the resources. Therefore, the Department will only act when evidence of such violation/s have been brought to light.

Reply:

1. The interaction with SAFA has primarily focused on the need to review SAFA’s Vision 2022. This noting that the plan has run its full course.
2. As indicated above the SAFA’s Vision 2022, like any other plan is due for review to assess progress made, its successes and failures in an objective manner. The review would determine the correctness or appropriateness of the development plans for football.

Reply:

The People to People Exchange Mechanism is a structure set up to drive South Africa-China relationship in the social sector, under the framework of bilateral cooperation and Global Development Initiative.

There was no specific agreement signed between the Hon. Minister Nathi Mthethwa and his counterpart, H.E Ms Sun Chunlan of People’s Republic of China during the 3rd PPEM meeting between the two countries.

However, the two co-chairs signed a minutes of the meeting which serves as a review and report on the work done in the last three years since the 2nd PPEM was held and commitment to new goals to be achieved until the 4th PPEM to be held in 2025.

The agreed minutes covers work in the field of Education (Both Higher and Basic Education), Science, Technology and Innovation, Culture, Sports, Health, Media, Tourism, Youth, Women and Local Government. The commitment as captured by the agreed minute will be implemented by the respective Departments based on the individual bilateral agreements signed between the respective departments in the two countries.

The progress and any challenges will then be reported to the Minister who is the Co-Chair via the South African Co-Coordinator of PPEM, Deputy Minister Manamela, whose task is to coordinate the work of PPEM at an operational level. Minister Mthethwa as the Co-Chair of PPEM will then intervene at the appropriate level to ensure the work is carried out and the agreed outcomes as captured in the minute are implemented.

Nevertheless, during the 3rd PPEM, three Letters of Intent were signed between the two countries in the areas of Higher Education, Science and Technology and Tourism.

In Higher Education, the letter of intent commit the two countries to sign an agreement (2023-2027) to further pursue the following objectives:

1. Chinese Government scholarships
2. Expansion of education collaborations
3. Exchanges of students, academics, and experts and
4. Joint research project among others

In Health, the letter of intent calls for the following:

1. Prevention and treatment of tumors and non-communicable disease
2. Control and prevention of infectious diseases
3. Advanced diagnosis and treatment technologies such as genomic sequencing
4. Traditional medicine
5. Twinning of Hospitals
6. Vaccines and pharmaceuticals and
7. Creating a training platform at the NICD.

In Science and Innovation, the letter of intent calls for the two countries to implement joint SA-China short-term study visits and SA-China joint exchange programs among young scientists, research institutions, and universities for a period of 6 months among others.

Following the signing of the letters of intent, the participating department in PPEM will individually pursue the signing of agreements and/or MoU’s as per their individual needs. Each country will follow its own internal process in terms of signing the respective agreements

Reply:

(a)(i). salary of each Chief Executive Officer

(ii). salary for each top executive positions

https://pmg.org.za/files/Worksheet_in_C.xlsx 

(b). No amount is paid to any Chief Executive Officer and Executive management team of public entities for attending meetings.

Reply:

(1). No payments are made to Board members.

(2). None, the chairperson does not get an allowance.

(3). The Chairperson works for SASCOC.

Reply:

1(a). Executive members are paid R 110 00-00 per month.

(b). Board members are not paid to attend meetings.

2. The president receives R 40 000-00 gross per month.

3. The president works for the Polokwane Municipality.

Reply:

1. As clearly explained by my department (DSAC) and NAC during the Portfolio Committee Meetings of 16 September 2022 and 28 February 2023 (Ms. van Dyk was present at both meetings), the allocation of the R54,68million stems from 3 financial years: R11 515 600 (Eleven Million, Five Hundred and Fifteen Thousand Six Hundred Rands Only), allocated in the 2019 – 2020 financial year cycle but were not transferred as envisaged; R21 583 000 (Twenty-One Million, Five Hundred and Eighty-Three Thousand Rands Only), allocated in the 2020 – 2021 financial year cycle and R21 583 000 (Twenty-One Million, Five Hundred and Eighty-Three Thousand Rands Only), based on 2021 – 2022 financial year cycle allocation.

Out of this amount, the NAC was allocated 5% or R2,7million towards administrative costs, leaving a balance of R51,9million. On 11 December 2021, the first tranche of R41,57million was transferred to the Mzansi Philharmonic. As per contract between the NAC and the Mzansi Philharmonic, 75% of the Mzansi Philharmonic’s budget should go towards artistic endeavours and 25% towards operations.  The NAC reported at the Portfolio Committee Meeting of 28 February 2023 that the Mzansi Philharmonic has met this crucial condition and actually did much better than stipulated.  The NAC further reported that as per the Annual Audited Financial Statements  of the Mzansi Philharmonic (which are unqualified and achieved a clean audit), the Mzansi Philharmonic spent the following for the period under review which ended on 31 December 2022: R33,5million or 77,2% was spent on artistic programmes, including concerts, tours, and an allocation of R20million for grants to regional and youth orchestras, education and community engagement programmes in at least 7 provinces throughout South Africa. R9,92million or 22,8% of total expenditure was spent on operations, including administration and corporate marketing.

I am delighted that almost 80% of the resources were spent on artistic endeavours which yielded more than 1000 job opportunities for orchestra musicians, choral singers, and other creatives.

2. The contract between the NAC and Mzansi Philharmonic states that 75% of the Orchestra’s budget must be spent on artistic related programmes which include concerts, tours, and grants to regional and youth orchestras, education, and community engagement programmes. Up to 25% should be used on operations. DSAC plays an oversight role on the institutions that it funds, however, it does not get involved in operational matters and does not micro-manage these institutions. The Department is satisfied that the Orchestra has spent its budget within these prescribed parameters and that expenditure includes travel and accommodation as is necessitated by the demands of the concerts, tours and other programmes. The Department will receive the Audited Annual Financial Statements of the Orchestra by the end of March 2023 which will include further financials.

Reply:

As previously stated, my department (DSAC) has been informed by the NAC that Mzansi National Philharmonic Orchestra is updating its Business Plan which is due to the National Arts Council of SA by 31 March 2023.  The process of updating the Business Plan, which includes budgets, entails workshops with some of the partners, stakeholders, and the board of Mzansi Philharmonic. Besides what we have already submitted, we will certainly furnish any latest information as and when required.

Reply:

1.(a). Yes, I was informed of the invitation, (b) and yes, I was made aware that the invitation was later revoked.

2. No, I did not apply any pressure and/or influence and/or had any involvement whatsoever in revoking the specified invitation.

3. This is an administrative matter of the SA Rugby Union, and as such neither myself nor my Department can get involved.

Reply:

a) Plans: Currently the department has two main programmes that support the development of women in sport and in particular, football:

(i) School Sport Programme: Through this programme, football is among the sixteen priority codes being supported. At the National School Sport Championships, provinces have been able to send at least 3 categories of participants which include male and female. These are Under 17 (Selected team), Under 16 (Top school) and Deaf football players. In each of these categories, there are women teams as well. So, it is a 50/50 representation, which is highly encouraged in all sporting codes as well.

(ii) Club Development Programme: The programme has concluded the pilot study in Kwazulu-Natal and Limpopo, which has among other women football clubs. The Club development programme is a dedicated programme to ensure the development of sport, including women football.

b) Interventions:

(i) Women in Sport Policy: The department is in the process of developing a women in sport policy which is an intervention mechanism that will address the inequalities of funding and opportunities for women in sport.

(ii) Safeguarding regulations: We have also developed guidelines that serve as a barrier to women participation and serve to protect their participation in sport, through the introduction of these guidelines that will help curb the harassment of women in sport.

(iii) School Sport and Club Development Programmes: There is a deliberate effort to ensure that all schools and clubs establish women clubs and schools teams. This they do as they present their teams at the National School Sport Championships, where all provincial teams MUST bring women teams.

(iv) Other Male-dominate sport in Girls Schools: Girls schools are within the Schools Sport Programme, however majority are within quintile 4-5, which is not the target quintile. So, there is no direct intervention to such schools currently, what is being done is generally the same as what happens in public schools. The intervention is made through sporting codes, like Rugby, Cricket, Football, Basketball and all other school sport codes to ensure that the girls are adequately accommodated and provided the necessary coaching, participation, equipment and attire and general access in sport. It is for this reason that in School Sport Championships, Winter Codes are dominated by women participation, who represents 52% of the total participation and the Winter Championships are sitting at 50% of women participation.

(v) In addition we have also taken the following interventions:

• The Sport Ambassadors Programme: Have appointed former professional players in football, like Portia Modise, Amanda Dlamini and Simphiwe Dludlu, to help promote the participation of girls in football.
• Recognition: Have gone to provide the necessary financial and performance recognition of the Mamelodi Sundowns Ladies Club for Winning the CAF Women Confederation Cup, and also the Banyana Banyana Ladies for Winning the Women African Football Confederation Cup (WAFCON).

(vii) Achievements of Girls: As a result of these measures identified here, through the school sport programme, the girl’s football has achieved the following:

• Pan- African Schools Football Championships: After winning the National School Sport Winter Championships in 2021, the girls Under 16 team from Edendale Technical School (KZN), took part at the inaugural Pan-African Schools Football Championships and went on to win a Silver Medal, after losing to Morocco in the final.
• COSAFA Schools Football: in 2022 during the School Sport Winter Championships, the Under 16 girls team from Edendale won and went to represent the country at the COSAFA Schools Football Championships, where they won Gold and a prize-money of US$100 000. They will be representing the region at the CAF Schools Football Championships to be held in Durban in April 2023.
• National Under 17 Selections: Due to this good performance by Edendale Technical High, five of their players were selected to represent the Ladies Under 17 National Football Team, together with their Coach, a woman as well. They went to represent the country at the AUSC Reg V Under 20 Youth Games, which took place in Malawi in December 2022.

Reply:

(a). The Department of Sport, Arts and Culture has a total number of forty-eight (48) Director positions and forty-four (44) are permanently filled and only four (04) are vacant, therefore only four (04) Directors are acting capacity.

(b). The appointed acting Directors have signed a performance agreement with their respective Chief Directors and therefore, the Chief Director and Deputy Director-General monitor the work of the Directorate and the Branch.

(c). There are departmental Human Resources (HR) delegations signed by the Executive Authority, outlining responsibilities of all Senior Management Staff (SMS) members including the Directors appointed to take responsibilities in their field of work.

Reply:

(a). The Department does not determine but contributes to what the President conveys to the public through his national addresses. My department’s interpretation is that the President has expressed himself on the plight of the creative sector through his national interventionary programs such as Presidential Employment Stimulus Programme (PESP). This has a significant budgetary contribution, deliberately and specifically for the retention, creation of jobs, inclusion, and access.

(b). The Department has an approved White Paper on Arts, Culture and Heritage whose core objective is to protect the interest of all practitioners in the sector. To further solidify that, the Department has developed and is processing the following specific policy instruments to regulate and protect the sector:

b.1 Masterplan on Cultural and Creative Industries- Approved

b.2. Copyright Amendment Bill- At Select Committee level.

b.3. Performers Protection Amendment Bill- At Select Committee level.

b.4. Theatre and Dance Policy- en route to the Clusters

b.5. Design Policy -Sector consultations

b.6. National Book Policy-Sector consultations

Additionally, the department: (1) has a strategy that assists creatives financially (MGE) (2) has developed an intervention programme to assist artists with their psycho-social well-being (Silapha Wellness Programme) (3) has an initiative that takes into consideration artists living with disabilities (We Can Arts Festival).

Reply:

According to our records, R490 525.81 was spent from the R1 million received to establish a feasibility study for the Mzansi National Philharmonic Orchestra, and (b) the relevant details of the breakdown of the expenditure was submitted before to the Portfolio Committee on Sport, Arts, and Culture and to the Honourable member before. Nonetheless, I am pleased to resubmit the details which are enclosed herewith as Annexure 1.

Reply:

International Travel since 1 June 2019.

International Travel	Minister	Deputy Minister
(a) Destination	Report attached.	Report attached.
(b)(i) Total cost accommodation	R 115 395.00 The rest of accommodation was done through DIRCO.	R 7 690.00 The rest of accommodation was done through DIRCO.
(b)(ii) Total cost air/road travel	R 1 305 811.69	R 478 464.35
(b)(iii)Any other cost	R 5 866.65	R 600.00

Reply:

1. There was no contract entered into between Robben Island Museum (RIM) and Silent Events. Silent Events requested to hire a RIM venue. An inception meeting was held to understand their requirements and to determine if the nature of the event aligned with RIM’s vision, mission and values.

Subsequently, a site visit was conducted to determine if RIM had the capacity to host such an event and determine if the event would have any negative impact on the Island, including the impact the event would have on RIM’s carrying capacity assessment, which is part of the World Heritage Convention requirements, and if mitigations were required. In respect to RIM’s internal procedures, based on RIM’s Events and Financial policies, a quotation was prepared, after acceptance of such a quotation, an invoice was generated and sent to Silent Events. A follow up meeting was planned with Silent Events, which did not materialise as such an agreement was not entered into.

2.(a). There was no financial contribution from the side of the Robben Island Museum (RIM)

(b).There was no financial loss incurred except the loss of potential revenue, which would have been an amount of R76 395.00.

Reply:

Consultation took place with internal stakeholders (RIM’s Ferries Department, Infrastructure and Facilities Management Department, Operations Department, and Heritage Department that includes the Environmental Unit) as well as external stakeholders, however, discussions were underway with the South African Heritage Resources Agency (SAHRA).

There were no formal objections received. However, after Silent Events advertised their event before RIM’s internal processes and consultations with relevant stakeholders was concluded, negative publicity was received from the public. This led to the cancellation of the event by Silent Events cancelled their event.

Future events which are captured in the RIM APP for 2023/2024, include the following:

• Coastal clean ups
• Events relating to engage with issues related to Archiving and Collections
• Various academic seminars and workshops
• Educational camps
• Training and educational sessions
• Tourism trade familiarization trip

Reply:

(a). The job opportunities created in the Sport sectors within the Programme under various outputs of the Annual Performance Plan (APP) and the Operational Plans for the financial year 2022/23; are as follows: -

• 256 school sport coordinators
• 440 jobs created through the Municipal Infrastructure Grant Project
• 50 job opportunities during the construction of community gyms and children’s play parks

(a). Job opportunities Created in the Creative and Cultural Industries through Programmes and the Presidential Employment Stimulus Programme (PESP). 

A total of 42 464 job opportunities were created.

This figure is made up of 12 534 Job opportunities created from the targets in the APP; including MGE-funded projects; and the additional 29 930 jobs created or retained by the end of March 2022 through the implementation of the nine PESP.

Reply:

Since 1 June 2019, the Ministry of Sport, Arts and Culture has Minister EN Mthethwa and Deputy Minister N Mafu.

For the Minister.

Vehicle	Minister
(a) Make	No vehicles purchased.
(b) Model	N/a
(c ) Year	N/a
(d ) Price	N/a
(e ) Purchase date	N/a

For the Deputy Minister

Vehicle	Deputy Minister
(a) Make	BMW
(b) Model	520
(c ) Year	2020
(d ) Price	R649 000.00
(e ) Purchase date	15 January 2020

Reply:

The total budget allocation towards the Mzansi National Philharmonic Orchestra (MNPO) for each of the past three financial years is as follows;

1.1 R11 515 600 (Eleven Million, Five Hundred and Fifteen Thousand Six Hundred Rands Only), allocated in the 2019 – 2020 financial year cycle;

1.2 R21 583 000 (Twenty-One Million, Five Hundred and Eighty-Three Thousand Rands Only), allocated in the 2020 – 2021 financial year cycle;

1.3 R21 583 000 (Twenty-One Million, Five Hundred and Eighty-Three Thousand Rands Only), based on 2021 – 2022 financial year cycle.

Therefore, the total funds ring-fenced over the three financial years is R54 681 600. This is inclusive of the administrative costs that remained with NAC. Spending of this amount only started after the funds were transferred to the MNPO in December 2021 and report detailing the expenditure will be submitted to the NAC when the right time arrives.

1. One of the key role of the MNPO is to ensure the development and nurturing of regional orchestras. This mandate has got financial implication. It is on this basis that the MPNO has raised the matter. This does not in any way take away the role of funding from the NAC, but is a simply way of recognising and acknowledging that when they do developmental programmes, such will need strong financial resourcing by the MNPO than mere leap service.
2. Honorable Mrs V van Dyk is aware that the funding of the orchestras is done by the National Arts Council (ANC). In line with the Constitution, there is direct accountability to Parliament by national departments and national public entities. Likewise, the NAC and or the Department will report will provide reports and such will include the funding that was allocated to various bodies this include philharmonic orchestras in the Republic.

Reply:

We are still awaiting response from the Mzansi National Philharmonic Orchestra.

Reply:

The Minister of Sport, Arts and Culture has no authority in separating the departments/programmes responsible for Arts, Culture and Heritage. The office of the President is responsible to provide guidance and directive to the Minister on which Departments he/she is responsible for.

Reply:

(a) The Minister appointed the advisory committee for the Repatriation and Restitution Advisory Committee in 2021 immediately after the Cabinet had approved the National Policy on the expatriation of Human Remains and Heritage Objects to develop criteria, monitor its implementation and advise on ethical matters related to the restitution and repatriation of human remains.

The Advisory Committee had its first meeting on 03 December 2021 and comprises the DSAC, DMV, eminent members in the academia and members from other sectors with extensive experience on heritage, memorialisation and repatriation of human remains.

A second meeting of the Advisory Committee on the National Policy on the expatriation of Human Remains and Heritage Objects was held on 10 May, where the Committee resolved that:

The workshop took place on 04-05 August 2022 at Freedom Park to determine the most impactful but less costly repatriation model and implementation plan. Subsequent to the August workshop, the Advisory Committee took in the Consultative National Workshop for Military Veterans to present the proposed model and implementation plan to garner support and solicit buy-in from Military Veterans on 02 December 2022.

(b) The Advisory Committee will only be remunerated for the meetings attended in implementing the objectives of the National Policy on Repatriation and Restitution of Human Remains and Heritage Objects. The remuneration will be in line with the National Treasury regulation gazette; on remunerations of committees.

.

Reply:

The Department of Sport, Arts and Culture (DSAC) has not estimated the cost of repatriation of remains of war veterans at R40 000.00 per coffin. However, through past experience the DSAC understands the expensive nature of undertaking repatriation of human remains hence the DSAC hosted a workshop on 04 – 05 August 2022 to develop the most cost effective yet impactful model and implementation plan for the repatriation of human remains.

(a). The identification of and the total number of war veterans is a continuous process involving engagements with various stakeholders to provide comprehensive information, records, and where possible maps of the graves of the deceased war veterans in each country. However, current records to date estimate that the number of humans remains of war veterans outside the country is about 1 400.

(b). The DSAC has taken the following steps towards repatriation:

• Development of the National Policy on Repatriation and Restitution of Human Remains and Heritage Objects. Cabinet approved the Policy in March 2021.
• Amongst others the policy calls for the Miniter of Sport, Arts and Culture to appoint an Advisory Committee, which the Minister has implemented.
• Another very important recommendation of the Policy is the establishment of the Repatriation and Restitution Office (RRO) within the South African Resources Agency. The RRO is in the process of being established accordingly, as a manager has already been appointed.
• The hosting of a workshop on 04 – 05 August 2022 to develop the best model and implementation plan for the repatriation of human remains.

• Presentation of the proposed model and implementation plan to the Presidential Technical Task Team on Military Veterans on 04 November 2022.

• Implementation of the Presidential Technical Task Team on Military Veterans’ directive to host a Consultative National Workshop for Military Veterans to present the proposed model and implementation plan to garner support and solicit buy-in from Military Veterans on 02 December 2022.

Reply:

1. There are seven Projects that are in the process of completion. These projects experienced various challenges that led them to delays.
2. In light of the delays and stoppages that the projects encountered, it was a foregone conclusion that additional funds will be required to address cost escalations arising because of these delays, price adjustment provisions, and to do remedial work to the defective works that were discovered during the assessment of the quality of work done by previous contractors.

Reply:

The Mzansi National Philharmonic Orchestra (MNPO) is updating its business plan. This process is being informed by the realities on the ground and the continuous engagement with various stakeholders. The MNPO board will then hold a strategic session early next year and forward the revised business plan to the National Arts Council of South Africa first, before it is forwarded to the Department, before 31 March 2023.

While the Department transfers ring-fenced funds to the MNPO via the National Arts Council, the MNPO has a board of women and men of the highest integrity, who then run that institution and are required and expected to report back on utilization of all resources provided. At the end of the financial year, the MNPO board will submit audited financial statements to the National Arts Council, which will contain financially related matters. The NAC will the scrutinize the AFS and then report to the Department. If there are any serious problems, with the AFS, then the Department will take the necessary steps, but it doesn’t act before that process has been followed. In this case, based on engagement with the NAC and the MNPO board, there are no indications of any problems.

Reply:

(a). The Department does not micromanage organisations that it funds to the level of getting involved in transportation, accommodation matters, instrument hire, etc. These organisations have boards and other experts who are charged with managing them.

Reply:

As I have indicated in my response to question 2599 by the Hon. Member that:

Legal costs are annually budgeted, however, it is difficult to make precise determination in budgeting for legal costs, as a result, periodically, the legal costs budget is adjusted informed by case at hand. This is in line with Audit requirements that prescribe adequate contingency provisioning for legal costs and in line with National Treasury Regulations that allow Goods and Services budget adjustments.

Reply:

1. The NAC will formerly advise the Department once the current processes for the recruitment of the CEO and CFO have been completed and advertisement published. Other vacancies that need to be filled in accordance with NAC’s budget and timing requirements will also be published upon approval of the advertisement of the positions. The NAC is completing its evaluations for the appointment of a recruitment firm for the filling of the CEO and CFO vacancies at the entity.

2.(a) (i) Full-time positions: 30

(ii) Part-time positions: 18

(b) Vacant positions: 5

(c) The NAC is completing its evaluations for the appointment of a recruitment firm for the filling of the CEO and CFO positions at the entity.

(d) The reduction of budgets restricts the filling of all desired vacancies, due to budgetary constraints NAC may fail to match expected salary expectations. Due to negative media reports, NAC stands in a position of disadvantage in attracting best suitable applicants.

Reply:

We are not Sangomas, therefore unable to predict the illnesses of any human being.

Reply:

We are fully aware that an incorrect narrative has been promoted with the sole purpose of causing mistrust on what the department is doing. However, the truth of the matter is that the Mzansi National Philharmonic Orchestra sets a new trajectory for addressing apartheid legacies and/or the past injustices in general. These practices are so pervasive and only aimed at maintaining the status quo of separate development. To put this into context, funding of the orchestras in the country remained skewed and only benefited certain social grouping, in particular the white minority. While policy restructuring was done in the 1990s, with the creation of a National Arts Council (NAC) a process that centralised the distribution of arts and culture funding, the annual ring-fenced funding for the three orchestras in three different provinces was also established and kept until recently. It is well known that this practice largely benefited the KwaZulu Natal Philharmonic Orchestra (Durban), the Johannesburg Philharmonic Orchestra (Johannesburg) and of course the Cape Town Philharmonic Orchestra (Cape Town), to the exclusion and at the expense of many township orchestras, let alone the impediment of the development of orchestras in other provinces.

Without the policy changes that was introduced recently, the R21,5 million would have been directed to support the previously advantaged particularly the KwaZulu Natal Philharmonic Orchestra, the Johannesburg Philharmonic Orchestra and Cape Town Philharmonic Orchestra. I am certain that this is not what we want. Our progressive policies demand, inter alia, greater black economic participation and access to basic social services for all. Therefore, the orchestral landscape cannot be left behind to be same. As progressive government, our intention is to take development of orchestral music to other areas other than Cape Town, Joburg and Durban so that we can advance the country and develop our indigenous orchestras and genre. For instance, the National Orchestra has started making real changes to touch the lives of the previously disadvantaged.

I am proud to announce to the house that the National Orchestra is currently in consultation with the Mpumalanga Chamber Orchestra to provide necessary assistance and training, this as part of development of orchestral music in the Mpumalanga province. We never had something like this before in Mpumalanga, as well as other provinces such as Limpopo, Northwest, and the Northern Cape to mention but few. As part of this drive, the National Orchestra will on 10 December 2022 send about 30 professional musicians and a conductor to be part of the Mpumalanga Chamber Orchestra concert. Prior to the concert, a workshop and rehearsals will be conducted, this as part of skills development.

Informed by the Revised White Paper on Arts, Culture and Heritage, it is our intention to effectively contribute to the elimination of poverty, inequality, unemployment, and the building of a cohesive and united society in which the diverse artistic, cultural and heritage traditions of the society, flourish. We can only achieve this if the available resources are spread beyond the colonial urban centres of Cape Town Durban and Johannesburg but into the peri-urban and rural communities.

Reply:

It is incorrect to imply that Mr. Louis Heyneman was only invited to a single meeting with the Department for the purpose of the conceptualization of the National Orchestra. Prior to the board of Mzansi NPO being appointed by the Minister, the Department managed the process and was the custodian of the task team of experts. Our records indicate that several meetings were called by the office of the Director General between September 2018 and November 2019. This does not include the meetings that the task team held at the National Arts Council offices in Johannesburg. Mr. Heyneman was invited to the said meetings where, in certain instances he attended, while in some instances he forwarded formal apologies. Noteworthy is that in March 2019, Mr. Heyneman made a written submission titled ‘National Philharmonic Orchestra: A Working Document’. We have attached evidence as Annexure A on his insightful contribution. One of the strong and progressive ideas that he presented in this document related to the issue of audience development and he said, ‘If it is the intent that the NPO [National Philharmonic Orchestra – as it was called] must be the “orchestra by the people for the people”, audiences for this new national ensemble must be found and developed. Without enthusiastic support and “bums on seats” the noble idea of a national orchestra that reflects the demographics of South Africa, catering for the musical taste of the majority of the population, will die a premature death.’ These kinds of ideas, among others, informed the entire conceptualization of the National Orchestra, feeding into the outcomes of the report of the task team that was presented to my office.

While there was an expectation for all task team members to attend and participate in the scheduled activities or meetings, the reality is that members also had commitments outside the work of the task team. However, this should not be used to cast aspersions on the validity of the processes and imply that there was no consultation when due processes were followed. On the occasions when some could not attend, meetings continued with the other participants.

Reply:

1. It is not mandatory that the Department advertises a tender for and appoint a service provider to conduct certain tasks that are needed for service delivery. A service provider is only appointed in certain special circumstances such as instances where the capacity and expertise are limited or not existing. The purpose is for the service provider to provide solutions and services within the scope of work and their breadth of knowledge. In this instance, a task team made of experts from the sector was appointed to provide the needed solution.

2. The terms of reference for the task team were broadly to conduct a feasibility study for the establishment of the Mzansi National Philharmonic Orchestra and to develop a concept document thereof. Inputs were received from all the members of the team who participated in the process. The team of experts included the following: Mr Louis Heyneman (CEO of the Cape Town Philharmonic Orchestra), Mr Kutlwano Masote (Independent Educator and Conductor), Mr Lindumuzi Mngoma (Independent Educator and Conductor), Mr Bongani Tembe (CEO of the KZN Philharmonic Orchestra), Mr Shadrack Bokaba (former Acting CEO NFVF), Ms Julie Diphofa ( Acting CEO NAC), and Ms Lindi Ngcobo (Project Manager: NAC).

Reply:

The need of a National Orchestra is embedded in the revised White Paper, of the then Department of Arts and Culture, which was approved by cabinet in August 2018 and endorsed by parliament in February 2020. So, the Department did not have to prove the need of a National Orchestra. All it did was to implement one of the recommendations of the revised White Paper. In doing so, it followed a clear four-step process. The Department appointed a three-person committee of arts policy experts who travelled around the country consulting different organisations and stakeholders. And they reported to the Department.

The Department established a task team to formulate the objectives and the mission and the purpose of the National Orchestra. Part of this process was conducting international best practice for national orchestras and other orchestral development initiatives. Such as the El Sistema in Venezuela.

The Department entered into an engagement with the National Arts Council and this process led to a signed agreement with the National Arts Council.

The Department appointed a board of the National Orchestra, which actually runs the day-to-day affairs of this national institution.

Lastly, the Department together with the NAC and the National Orchestra, submitted comprehensive reports to the Portfolio Committee of Sport, Arts and Culture and engaged with them at least twice this year, including the meeting of 16 September 2022.

Reply:

(1)(a). The Labour Relations Act stipulates that the maximum period for acting in a higher position shall not be more three (3) months. The NAC allows an employee to act in a higher position for a three (3) months period and thereafter allow for rotation (where there are suitable candidates) if the position is still vacant. Should a need persist, the acting period can be extended.

(b) Currently three people are serving in an acting capacity for the positions of CEO, CFO and the Marketing and Communications Manager.

(c) The policy was applied in that extensions were granted and approved.

(2). The NAC has six (6) vacancies

(3). Yes, five positions have been vacant for more than three (3) months. The reason is that the NAC had to procure the services of a recruitment agency to handle the recruitment of the CEO and CFO position. The other three positions have been delayed due to budgetary constraints.

(4). The Chairperson is involved in the recruitment process of the Chief Executive Officer.

Reply:

1. Once the reports are received, they are categorised and analysed according to the topic. Then investigated by the relevant team assigned to a particular identified category. Thereafter the team investigates and depending on the outcome of the investigation, it can either be resolved and closed or taken for further action.

2. The NAC call centre is staffed by five people.

3.(a) The Chairperson of the Marketing and Communications Unit is Mr. Tembe.

(b). Council Members do not influence any decisions on the appointment of staff members, that function would be under the authority of the CEO. Where an instance has previously been proven to have occurred, it was dealt with expeditiously and appropriately by the NAC, and it did not involve the position of any member within the marketing and communications department.

4. The NAC is proud to adhere to the requirements of the Department of Labour with regards to staff taking maternity leave. The NAC will always reaffirm the rights of women to be pregnant in the workplace and for them to retain their jobs notwithstanding pregnancy. Preventing staff to perform their duties/roles due to being pregnant concerns is unethical, discriminatory, and prejudicial. The NAC does not prescribe to such regressive acts against women.

5. A motivation is drafted by the relevant Manager and sent to the CEO’s office for approval. Once approved, it is submitted to HR for submission to the finance unit to process.

Reply:

1 The Minister or the Department does not get involved in the movement of operational staff within the NAC. This is the matter that is within the responsibilities of the CEO of the entity.

2. Ms. Mopeli is managing the corruption watch line staff and we like to protect the persons managing this extremely sensitive line.

3.(a) total number received is five (5). Pending is (two) 2

(a) (i) Three (3) were investigated and closed

(a) (ii) no case closed without investigation

(b) NAC investigated the complaints and as stated above 3 were closed and 2 are still being investigated.

Reply:

1. The budget of R22 million that was allocated for the monumental flag project over two fiscal years has been reallocated to other projects within the Department. It is important to note that, only R5 million of the R22 million budget was made available during the current fiscal year (2022/2023). The R5 million budget allocation for the monumental flag was redirected towards the Presidential Sea Board project.

Reply:

The Department is awaiting response from the South African Sports Confederation and Olympic Committee (SASCOC).

Reply:

1. The need for establishment of the national orchestra is embedded in the Revised White Paper on Arts, Culture and Heritage. This policy document was approved by cabinet in August 2018 and endorsed by Parliament in February 2020 and thus automatically making it a public document. Like many other recommendations of the Revised White Paper, the establishment of the MNPO was effected and implemented by the Department. In terms of project management, it is a normal practice for a project to be launched once specific goals of the project are accomplished, and there is nothing untoward about lauching the MNPO in July 2022, several months after the signing of the agreement. This only tells us that certain deliverables had to concluded before the actual launch was done.
2. There was no need for the MNPO to be brought in front of all council members at the National Arts Council of South Africa. In this instance, the role of the National Arts Council (NAC) is to fund the MNPO, just like other institutions that are being funded. In line with the Act that establishes the NAC, the Council has appointed the Chief Executive Officer for the Council to deal with all matters relating to funding and other administrative matters. The CEO is responsible for the management of the affairs of the Council and reports those affairs to the Council as often as possible, and therefore the matter regarding the MNPO was also also reported as such.
3. As mentioned before, the need for establishment of the national orchestra is embedded in the Revised White Paper on Arts, Culture and Heritage. This policy document was approved by cabinet in August 2018 and endorsed by parliament in February 2020. Likewise, it is a requirement for all policy document to undergo public consultation before approval is granted. In as far as the implementations of the Revised White Paper is concerned, such mandate is constitutionally with the Ministry of Sports, Arts & Culture and/or the Department Sports, Arts & Culture. It was for that reason that a panel of experts was appointed by my office to kick-start the implementation of the recommendation. A list of the the members of the panel was provided before to this house by way of answering previously raised questions relating to the matter.

Reply:

(1). Yes, the Department supported various National Arts and Jazz festivals post the Covid-19 pandemic that includes amongst others the following events: The National Arts Festival, The Joy of Jazz, We Can Arts Festival, Buyel 'Khaya Pan African Festival, Ebubeleni Music Festival, and Moretele Tribute Concert.

The supported projects have since played a role in re-igniting the economic activities of the Cultural and Creative sector which was severely affected by the restriction brought about by the Covid-19 pandemic.

Reply:

The National Arts Council, has initiated a process for the recruitment and appointment of the Chief Executive Officer (CEO). To this end, the NAC is currently in the process of evaluating Request for Quotations (RFQs) for the appointment of an executive search company that will assist Council with the recruitment of the CEO. Once the executive search firm is appointed, the NAC will endeavour to conclude on the appointment of the CEO as speedily as possible.

Reply:

(a). Long term planning initiatives aimed at stability, growth, and the reduction of susceptibility to unexpected challenges is built into the Iziko strategic plan and include the crafting and implementation of a long-term financial sustainability plan and an income generation strategy.

These plans incorporate innovations to address weaknesses in income streams; allow for income diversification and increase own income generation through unlocking some legislative impediments, like the Section 18A of the Income Tax Act 58 of 1962 which other government departments enjoy.

Iziko’s revenue streams were negatively affected by budget cuts and the COVID-19 pandemic which necessitated the closure of museums and impeded travel and tourism. While cost containment and other cost cutting measures have been implemented, these measures on their own will not lead to financial health and issues related to the lack of staffing. Regular reporting and in-year monitoring by the Department of Sport, Arts and Culture (DSAC), ensures sound financial administration and budgeting practices essential for financial viability and resilience of the institution. In addition, the Department of Sport, Arts and Culture has initiated discussions with relevant government departments to address challenges facing the museum sector. The overall objective is to secure additional funding for the heritage.

(b). The Minister of Sport, Arts and Culture is not the custodian of state-owned buildings and as user is only required to fund repairs and maintenance projects of R100 000 and below, however DSAC has nevertheless provided funding and appointed Architects with heritage expertise to develop a five-year Conservation and Maintenance Plan for the nine state-owned buildings occupied by Iziko Museums.  

In terms of the South African National Heritage Resources Act, 1999 (Act No. 25 of 1999), all heritage buildings must be managed in terms of a Conservation and Maintenance Plan (CMP) to protect the heritage resource.

In addition, a Project Manager with architectural and heritage experience was appointed and applications for repair and renovation permits were submitted to Heritage Western Cape (HWC) in terms of the South African National Heritage Resources Act, 1999 (Act No. 25 of 1999). HWC has approved the CMP for all sites as legislated. The documents not only direct Iziko's annual repair and maintenance programme but also assists to maintain and preserve the significance of the heritage buildings.

Reply:

The protection of actors in South Africa is governed in terms of the Copyright Act 98 of 1978 (the “Copyright Act”). This legislation and matters related to it thereof, are under the horizon or mandate of the Department of Trade, Industry and Competition (DTIC). However, my department does work with the DTIC on matters related to the protection of all artists including actors. The common practice that has been for a very long time allowed by the current Act is that ‘he who pays owns the work’. In terms of this practice, those who commissioned the work would remain the property owners – this to the exclusion of many of the actors who participated. Copyright law grants the copyright owners bundle of exclusive rights, including the public performance right. This then vests the copyright owners with the authority to control how the work is publicly performed and that is the reason you see these works being aired, as and when the owners wish. This happens in many instances at the exclusion of the performers who participated in the production.

The Copyright Amendment Bill and the Performers Protection Amendment Bill which both Bills were recently endorsed by the National Assembly tell us that ownership of any copyright subsisting in the work (in commissioned work) shall be governed by standard contract/written agreement between the parties. In the main, proposed legislation provides for the payment of royalties or equitable remuneration, whichever is applicable, due, and payable to the performer for any use of the fixation of the performance.

The agreement may limit the ownership strictly for the purpose of the Commission and if the work is used other than for the purpose of the commission, payment to the author shall be ordered. When there is a dispute between the parties, the matter shall be referred to a Copyright Tribunal. Amendment of the copyright regime is part of the government's drive to advance a balanced and coordinated approach to intellectual property (IP) that regulates IP rights in line with our Constitution. The key objective is to ensure that all individuals who seek to take advantage of the IP system are empowered and protected.

Work is being finalised regarding the proposed Bills and the NCOP has recently hosted workshops to understand how these proposed legislations would work.

Reply:

Cricket South Africa have requested additional time to respond to the question.

Reply:

(1). (a). Robben Island Museum (RIM) has embarked on a marketing plan that is solely focused on revenue generation over the past year so that it can regain its financial health and stay afloat.

• The campaign that the entity embarked on affords locals with group specials by offering concession rates to school groups and religious groups.

In addition, Mondays and Tuesdays are marked as pensioners’ day, where pensioners can visit the Island at a discounted rate.

• The entity has also fostered collaboration with the Tour operators through Southern Africa Tourism Services Association (SATSA) and hosted a familiarisation trip to strengthen the relationship that RIM has with the trade, thus promoting private tours that are targeted to international tourist market.
• Through Western Cape Tourism Trade and Investment Promotion Agency (WESGRO) and South African Tourism as well as Cape Town Tourism, RIM has hosted media from across the globe and influencers that promote Cape Town as a key tourist attraction in South Africa.
• RIM has also participated in the “Find your freedom” campaign that was facilitated by Cape Tourism to re-ignite tourism in the city of Cape Town.

(b) The Tripartite Agreement between Department of Public Works and Infrastructure DPWI, DSAC and RIM expired in 2020, and the new agreement has not been finalised yet. DPWI is in the process of procuring a Total Facilities Management Company which will take responsibility for maintenance works on the Island. 

(2). Due to the financial constraints caused by COVID-19, RIM explored two options, the first one being, initiating a Section 189 process of the Labour Relations Act, which would have led to retrenchments. The second option was exploring the reduction in salaries of employees across the board. However, due to intervention by the Department, RIM was granted approval to reprioritise R23 million in January 2021 and a further R17 million in June 2021 from the infrastructure grant to be utilized for operations.

Through engagements with the National Treasury on RIM’s financial position, the Department was able to further allocate an additional amount of R20 million at the end of March 2022 to assist with the operational costs. Any shortfall was covered by RIM utilizing its fast-depleting reserves. RIM also embarked on austerity measures by suspending the filling of non-critical positions. In addition, no cost-of-living adjustment increase was provided to staff for the past two financial years. These measures have allowed RIM to continue to sustain the salary bill and improve its financial position, thus avoiding job losses which would have had a negative reputation for the entity.

Reply:

1. Since the merger there has been a downward trend of new litigation matters reported. The Department predominantly deals with pending matters which occurred before the merger.

(a). Consequent to the merger the Department’s Legal Services Unit now has more staff members from both former Departments, with different skills and experience.

(b). Quality of Advisory Services and legal counsel for DSAC has improved resulting in the settlement of disputes before they escalate into litigation matters.

Reply:

(1). The Department funds music festivals in three different categories; National Flagships, Provincial Flagships, and the Cultural Events Open Call. These music festivals would vary from large scale, medium and smaller entry-level projects.

Music festivals are funded based on alignment into government mandate like job creation, enhancement of social equity and economic growth in areas where these projects are taking place. These projects would be implemented in line with the memorandum of agreements (MAOs) signed and the reporting should reflect the deliverables as agreed. The Department would also monitor that all procurement processes have been followed in the subcontracting processes that happens in this festival to ensure local economic empowerment and beneficiation of the SMMEs.

Reply:

1. The application for Annual Grant funding submitted by the South African Sport Association for the Intellectually Impaired (SASA-II) includes a request for funding to cover outstanding affiliation fees owed to the VIRTUS (World Intellectual Impairment Sport) which is R15,000 and Sport Union Down Syndrome, which is R22,175. An indication is that these fees are for the period 2018 to date. SASA-II is affiliated with both VIRTUS and Sport Union Down Syndrome. Based on this it can therefore be deduced that affiliation fees to these International Organizations are not paid to date by SASA-II.

(a). The indication from SASA-II is that the organization is suspended by both International Organizations, therefore, making it impossible for them to renew their membership.

(b). SASA-II is engaging the relevant international bodies to address their suspension in order to be able to pay the affiliation fees. The Department would make available to SASA-II the affiliation fees amounting to R37,175. This is dependent on SASA-II meeting all compliance requirements.

(c). The date by which payment will be made cannot be determined because it is dependent on the lifting of SASA-II suspension status by international organizations.

Reply:

1. According to the SA Institute for Drug-Free Sport (SAIDS) has been and is still fully compliant with the World Anti-Doping Code and the applicable international standards.

Reply:

1(a) Panel Members appointed at the NAC were selected in accordance with the NAC Act. Advisory Panel Members have either achieved distinction and/or have special knowledge and/or experience in the field of the arts discipline required by the NAC.

(b) This was indeed the case

(c) Yes, due processes were followed in line with the National Arts Council act.

(i). There is only one list of approved beneficiaries at the NAC. The NAC list of approved funded beneficiaries has been published on the NAC’s website for transparency. Council approved 619 projects for approval, and this brings a total of 39 135 proposed jobs.

(ii). There is no list with changes.

(2). No member of Council has been found guilty of interfering with any process at the NAC in relation to the PESP 3.

(3). No action will be taken against any Council members.