ATC190312: Report of the Portfolio Committee on Public Works on its activities undertaken during the 5th Parliament 2014 to 2019 as considered and adopted on 12 March 2019

Public Works and Infrastructure

Report of the Portfolio Committee on Public Works on its activities undertaken during the 5th Parliament 2014 to 2019 as considered and adopted on 12 March 2019.

 

Committee Composition:

 

  1. Committee Members

 

  1. Mr MHZ Mmemezi, MP (ANC) - Chairperson
  2. Mr F Adams, MP (ANC)
  3. Ms EKM Masehela, MP (ANC)
  4. Ms D Mathebe, MP (ANC)
  5. Dr CQ Madlopha, MP (ANC)
  6. Dr M Figg, MP (DA)
  7. Mr D Ryder, MP (DA)
  8. Ms L Mathys, MP (EFF)
  9. Mr KP Sithole, MP (IFP)
  10. Mr MW Filtane, MP (UDM)

 

  1. Support Personnel

 

  1. Ms Nola Jobodwana (Committee Secretary)
  2. Mr Shuaib Denyssen (Content Advisor)
  3. Ms Inez Stephney (Researcher)
  4. Ms Nomntu Nevese (Committee Assistant)

 

Purpose of the report:

 

This report seeks to outline the work of the Portfolio Committee on Public Works performed during the 5th Parliament (2014 – 2019). The report further explains how the Committee conducted oversight over the Department of Public Works, the challenges encountered and highlights of the period in question.

 

Structure of the report:

 

The report consists of two sections, the Executive Summary and the main body. The Executive Summary provides an overview of the period and spells out the mandate and method, focus areas, areas of future work and challenges that emerged. Recommendations for oversight over the portfolio of public works during the following five years are listed in the final section.

 

The main body provides an overview of the activities that the committee undertook during the 5th Parliament, the outcome of key activities and any challenges that emerged during the period under review and issues that should be considered for follow up during the 6th Parliament. This second part includes the tables that shows the number of meetings, oversight visits, study tours, and the attendance of members over the five years.

 

Note that some tables refer to recommendations, responses to recommendations and follow-up activities emerging from recommendations. It would be impossible to include all recommendations in these tables.

 

  1. Executive Summary:

 

  1. 1.1.  The mandate of the Department

 

Schedule 4, Part A of the Constitution of the Republic of South Africa containing the “Functional Areas of Concurrent National and Provincial Legislative Competence” sets out the legal mandate of the DPW.

The Government Immovable Assets Management Act (GIAMA) (2007) describes in further detail the department’s mandate as custodian of government’s immovable properties.

The department is responsible for the official accommodation of all national departments. It provides construction, maintenance, and property management services to all client departments at national level. This includes the rendering of expert built environment services relating to the planning, acquisition, management and disposal of immovable assets.

The Department also provides strategic leadership of employment creation through the implementation of phase three of the Expanded Public Works Programme (EPWP). The department plays a coordinating and capacity-enhancement role with provincial and local government counterparts to ensure the implementation of the third phase of the EPWP.

As mentioned earlier, the Department is further responsible for the following built environment and construction entities

  • Agrément South Africa (ASA).
  • Construction Industry Development Board (CIDB).[1]
  • Council for the Built Environment (CBE).[2]
  • Independent Development Trust (IDT).

 

  1. The mandate of the Committee

 

The Committee conducts oversight over the programmatic deliverables of the Department of Public Works (DPW) and its entities to implement the policies made by the Minister of Public Works as per the mandate of the DPW.

 

  1. The method of oversight

 

The committee has a mandate to do oversight over the portfolio of public works. This portfolio consists of the Department of Public Works (DPW), the Property Management Trading Entity (PMTE), and the built environment and construction entities that fall under the policy leadership of the Minister of Public Works.

 

Over the five years, the oversight focused on the policy leadership that the Minister of Public Works exercised over the portfolio of Public Works. It did this by gathering material evidence of how the annual performance plans, allocated budget, and annual reports gave effect to the policy tasks that the Minister set out for the administration to achieve through the application of the allocated budget.

 

The committee’s oversight therefore focused on policy leadership, but remained firmly on whether and how allocated budgets were employed to achieve stated policy objectives. To gather evidence, the committee received briefings from the DPW and its entities on its annual performance plans (APPs),and held meetings on the budgets that were allocated to the DPW, PMTE, and entities.Each year the committee provided a comparative analysis of achievements and challenges with recommendations to assist the DPW, PMTE and entities to improve its performance. During October of each year, the committee analysed the annual reports and financial statements. During this period, the committee engaged with the Office of the Auditor-General on the audit outcomes of the financial statements of the DPW, PMTE and entities. The committee then compiled a Budgetary Review and Recommendation Report (BRRR) as required by legislation (the Constitution, the Public Finance Management Act (PFMA), and the Money Bills Amendment Procedure and Related Matters Act). The budget reports, and BRR reports form the committee’s oversight over the use of the budget and allocated resources. These reports also cover the governance responsibilities of the boards of entities, and over the financial control responsibilities of the administration that fall under the Director-General of the DPW, the Head of the PMTE, and the Chief Executive Officers of the entities. Across all of these, the oversight remained steadfast on the policy leadership that the Minister of Public Works provided over the portfolio of Public Works.

 

On an annual basis since 2014, the Committee went on oversight visits. A summary of these visits and the objectives that the committee reached through these, are provided in the body of the report. The Committee also went on joint oversight visits with the Portfolio Committee on International Relations and Cooperation to do a physical inspection of immovable properties owned by the South African government in Namibia. It further undertook a study tour to Germany to, amongst others, inspect the former embassy building and the ambassadorial residence in Bonn. This visit included the current embassy and residence in Berlin. All these visits were reported on and were published in the Announcements, Tablings, and Committee Reports (ATC) of parliament.

 

 

2. The Committee’s focus areas during the 5th Parliament

 

The following legislative work was processed:

 

2.1. The Expropriation Bill was re-introduced, public hearings were conducted, and amendments were effected based on deliberations. The bill was sent to NCOP and the House of Traditional Leaders. The President sent the bill back to Parliament due to reservations on the strength of public participation in the process undertaken by the NCOP. The committee planned to, during 2018; undertake extensive public participation on the bill with the NCOP standing committee. However, the work of the Committee on the Review of the Constitution, overtook the intended public participation engagement, and this committee, in accordance with Joint Rule 208(2), read with Joint Rule 203(3)(c) and in line with Joint Rules 205, 206 and 207, made a recommendation that the Assembly rejects the Expropriation Bill [B 4D-2015] so that it may be re-introduced at a later stage.

 

2.2. The Agrément South Africa Bill was introduced, processed, and sent to the President who signed it into the Agrément South Africa Act of 2015.

 

2.3. The restructuring of the Independent Development Trust (IDT) was anticipated, but as it was not completed, the committee expects to undertake this work in the near future.

 

 

 

The following matters emerged from and were addressed in oversight visits and meetings:

 

2.4. Monitoring of the Minister’s turnaround strategy continued in every budgetary, quarterly performance, and annual report engagement.  Recommendations on these were reported on, considered and adopted, and published in parliament’s ATC. Details are reported in the body of this report.

 

2.5. The committee exercised robust oversight over the implementation of the Government Immovable Asset Act (GIAMA) regulations. The Act stipulates that an immovable asset register has to be kept with records that show the geographical situation, state of maintenance, and occupancy of each immovable property. For GIAMA to be implemented, the Property Management Trading Entity and DPW should have User Asset management Plans and Custodian Asset Management Plans in place that stipulates contractual responsibilities related to maintenance and upkeep, and security of immovable assets. These documents are required as key components of a credible Immovable Asset Register. At several oversight visits and during meetings with the DPW and PMTE, the poor state of the IAR was deliberated on, and they were urged to ensure the proper maintenance of immovable assets.

 

2.6. Implementation of Phase III of the Expanded Public Works Programme (EPWP) with a strong focus on the progression of beneficiaries from the unemployed to the formal employed sector of the economy. The committee was specifically focused on the beneficiaries from vulnerable groups and the importance of all projects having a better-scheduled training component. In deliberations with rural municipalities, the committee was strong on rural and metropolitan municipalities, departments and public bodies following the standardised regulatory framework according to which beneficiaries are selected for participation in the programme. The Committee raised the following critical matters in one of the engagements it had with the Department:

 

2.6.1. The record showed that the infrastructure sector performance was poor across the provinces and municipalities. The DPW stated that across all sectors its performance in terms of work opportunities created was much higher in the first year than the other four years. This was because it changed its reporting requirements into a more stringent regiment.

2.6.2. The training component of phase three of the EPWP was supposed to have been more successful. Members stated that it had to upskill the vulnerable sectors of society so that they could graduate into employment in the formal economic sector. The DPW agreed and stated that certification was issued to participants and that there were indeed cases where beneficiaries graduated into the formal employment sector of the country’s economy.

2.6.3. The importance of the EPWP utilising all government funds earmarked for skills training. This had to include that of the National Skills Fund in the Department of Higher Education and Training that is disseminated through the Sector Education and Training Authorities (SETAS).

2.6.4. The department had to give more attention to how it was going to balance the labour intensive aspect through which work opportunities were created in projects, with the technological advancement brought about by the Fourth Industrial Revolution. The DPW stated that it was treating the Fourth Industrial Revolution as an opportunity rather than as a challenge that threatened public employment programmes (PEPs) such as EPWP. Across the spectrum of the Fourth Industrial Revolution, there were actual opportunities within which work opportunities (WOs) could be unlocked.

2.6.5. The reported performance as presented in March 2019, was in part negative because of unrealistic targets that were set. The department had to ensure that it undertake a process through which more realistic targets were set so that performance are more realistically reported on. The DPW took note of this criticism. It stated that all target-setting exercises were always part of budgetary allocations as well as time frames within which certain tasks had to be achieved. It would look into manners in which it could set targets more realistically but would always have it locked securely into what had to be achieved within a specific timeframe.

2.6.6. The committee needed to know what the EPWP branch, as coordinating component of DPW’s employment creating function was doing to ensure that municipalities and other public bodies followed policy, regulatory frameworks, and reporting requirements. The branch reported that it engaged all public bodies including municipalities throughout financial years, across the five-year term. It did this to assist with identifying work opportunities (WOs) that could be created across government. It also engaged with regard to specifically the Integrated Development Frameworks and Plans of municipalities to identify WOs. In addition, it assisted with training to strengthen capacity in this regard. What had to be kept in mind is that it did this without the necessary legislation being in place that guided such a coordinating and reporting relationship. This meant that public bodies and municipalities often did not follow regulation, and did not report on time for reports to the National Treasury as well as for auditing purposes. This often had the consequence of under-reporting that the Auditor-General remarked on in its annual audit-report in the DPW’s Annual Report over the last three years.

2.6.7. In addition to these points raised and the responses thereto, the Deputy Minister agreed with the input and criticism of the Committee. The report was too focused on WOs. The presentation therefore did not present to the committee what the branch had achieved over the five-year term. He stated that he had been engaging the branch on the need to have a focus on both the WOs but crucially, also on the value that it added in terms of dealing with the poverty suffered by households across the country.

2.6.8. Another key aspect that was required was for the EPWP branch and DPW to develop a concept of sustainable development as part of the next phase of the programme.

2.6.9. The Committee had to further note that the EPWP was not about solving the country’s unemployment and underdevelopment on its own. It is part of programmes across all sectors and spheres of government to deal with this task.

2.6.10. The Committee also had to note that in spite of the infrastructure figures showing poor performance, the Zibambele Programme showed huge success with households maintaining roads, storm water drainage, and other infrastructure in rural areas. Not only do they maintain infrastructure, but also it had to be noted that these households are able to live more improved lives because of the WOs that they are involved in.

2.6.11. In addition to this, rural households are crucially involved in the identified task of providing Early Childhood Development (ECD) for young children. A key point was made regarding the value of work experience that WOs provide to young people and unemployed people.

2.6.12. Finally, in spite of the challenges that technological advances of the Fourth Industrial Revolution may bring to the coordination of EPWP projects, crucial projects in ECD and home-based care in the social sector could not be done by machines or mechanised systems.

2.7. In various oversight meetings and visits to social infrastructure projects to construct and maintain schools, clinics, police stations, regional and high courts, and correctional facilities, the committee stressed the importance of especially rural communities receiving value for money in the provision of social infrastructure development.

2.8. The importance of rural development found expression through the committee’s oversight work in the rural areas of the Western Cape through visits to small harbours in 2017. Consistent with this strategic focus, during the 2018 period, it also visited rural areas of the Eastern Cape, namely Port St Johns and Port Grosvenor where small harbours were planned to be constructed. The visits to these small harbours were partly to do oversight over how the GIAMA was being implemented, but also to place the focus on the policy need to ensure that rural areas were developed with proper social infrastructure in place so that socio-economic development could take place and people could have work closer to home. These placed the focus on tourism projects, and job creation projects that held the potential to ensure development in under-developed areas of the country.

2.9. To keep a check on the Department of Public Works as landlord of the state, the committee held meetings that focused on the maintenance, security and governance issues of the Parliamentary Villages Board. Matters raised, included the need for the gates to be managed better, the reconstruction of gates to ensure that buses could safely enter, problems with the intercom system so that members had secure communication access to the police points-personnel at the gates, and the management of movable assets in the villages. During the period under review, several incidents took place that compromised the security of the precinct of parliament. To address matters related to these, the committee collaboratively held meetings with the Portfolio Committee on Police. Amongst others, the joint committee meetings discussed the need for improved management of infrastructure and the contracts that ensured this vital aspect of the precinct of parliament.

2.10. The committee followed-up on complaints received that houses meant for the South African Police Service (SAPS) Public Order Policing (POPS) that were situated at Faure, Cape Town, were empty and not utilised. The houses were reported to be unmaintained and in a bad condition. The DPW Real Estate Investment representative stated that it became necessary for a discussion with client departments on surplus properties and the manner in which buildings and land is handed over after they (client departments) moved out. The Committee heard that there were too many occasions of client departments abandoning buildings without a proper handover. This resulted in state-owned property being abandoned. This is a major reason for properties becoming derelict and a threat to society as it held the possibility of criminality taking root. DPW Real Estate Investment had discussions with client departments and stakeholders on developing policy and directives on the matter. It was looking at a key recommendation that all surplus residential property had to be made available to housing departments at all spheres of government having the first choice of use. This is an important policy directive so that the urgent need for housing units can be appropriately addressed.

2.11. In its oversight engagements with contractors and sub-contractors, the committee stressed the importance of the portfolio of public works having to pay service providers within the legally stipulated 30-day payment after receiving registered receipts.

2.12. The committee thoroughly deliberated on the importance of the Construction Industry Development Board having to address the need for the contractors register to enable emerging contractors at the lower end to progress so that they can grow and benefit from construction projects.

2.13. The committee recommended that there is an urgent need for a development pipeline of graduates in the architectural, engineering, quantity surveyor, project management, and design professions to prevent the recurrence of young people remaining for many years in lower levels of private professional companies without being assisted to become professionally registered practitioners.

2.14. Reducing the instances where Government is overcharged when purchasing goods and services.

2.15. Monitoring the implementation of proper procurement and supply chain management (SCM) procedures.

2.16. Proper implementation of the Auditor General’s recommendations by the DPW.

2.17. Monitoring of the implementation of the BRRR responses by the DPW.

2.18. During the period under review, as part of its oversight, the Committee also got a briefing from the DPW, regarding the department’s plan to address the issues pertaining to the public works portfolio, as outlined in the High Level Panel Recommendations Report.

 

2.19. Regarding properties and land parcels earmarked for Land Reform, the Committee had robust discussions with the Departments of Public Works, Rural Development and Land Reform as well as the Department of Human Settlements. During these discussions, the following issues, amongst others, were raised:

 

                  2.19.1. The Department had to explain if there was any backlog as far as the number of title deeds, how long does it take and how much was the cost for issuing of title deeds. In response, the Department of Human Settlements (DHS) stated that it would be a mammoth task to explain the reasons for the title deeds backlog because resources were stretched to maintain the dual citizenry situation of South Africa.

 

2.19.2. According to the DPW, 43 land parcels were earmarked for land restitution in 2018/19 and to date, 14 land parcels measuring 7406.1128 hectares have been transferred to DRDLR. It was further reported that 77 land parcels were identified for Human Settlements of which 20 properties have been valued at approximately R250 000 000 (Two Hundred and Fifty Million). The Committee wanted to know where the land parcels were specifically located per province.

 

2.19.3. The issue of urban land was excluded in the presentation so the Department had to explain how that would be integrated in terms of spatial planning. The Department of Rural Development and Land Reform (DRDLR) had to explain whether there were strategies in place to ensure that rural areas were properly developed to ensure that people are integrated and in turn, limit congestion in the urban areas.

In response, the DRDLR stated that they were working close with municipalities, donated about 13000 hectares of land to Housing Development Agency (HDA) to encourage investment in the rural areas. The DRDLR stated that no land was sold for commercial purposes; instead, they would enter into 30-year long-term leases with businesses, with a renewal option of 20 years. It was further stated that malls were built for investment attraction, employment creation and reduction of congestion in urban areas.

 

2.19.4. Concerning title deeds that could not be handed over due to disagreements on who the owner was between the Municipality and the DPW, the Department had to explain what was recorded on the Asset Register, which could assist in curbing such a challenge. According to the DHS, there needed to be clarity in terms of who is responsible for availing land, the process of transferring land and paying for the and if needs be.

 

2.20. In its final meeting of the parliamentary term, the Committee had briefings from the Department of Public Works (DPW) and the Department of International Relations & Cooperation (DIRCO) regarding South African properties that are situated in foreign countries. The aim was to gain clarity on precisiely which department had the responsibility of management and maintenance of such properties. These engagements emanated from the the committee’s study tour to Germany (referred to earlier in this report), and a joint oversight visit to Namibia with the Portfolio Committee on International Relations and Cooperation (referred to in a sub-section below). Through these, the committee discovered that there were properties that have been vacantfor years while others  were occupied but declared inhabitable and dangerous spaces in cities by local councils. The Committee also discovered anomalies in the number of properties reported (specifically in Namibia), against what was actually found during the site visits.

 

 

In this final meeting, the Deputy Minister reported that since 1999, the DIRCO actually had the responsibility to lease, purchase, refurbish, maintain, dispose, and manage properties in foreign countries. This was because personnel at South African foreign Missions had the requisite knowledge of the geographical, and socio-economic circumstances to perform these tasks. It was always the understanding that the DPW would assist the DIRCO to ensure that all the technical aspects as per the Government Immovable Asset management Act (GIAMA, Act 19 of 2007) was properly performed.

 

The Director-General of Public Works reported that a multi-departmental task team[3] was working  on  detailing the number of properties per country, geographical location, status, and maintenance needs. The work of this multi-departmental task team would further assist the DIRCO to work out how it would put together a plan to implement its legally mandated powers as custodian and property manager of South African properties in foreign countries. As stated, it had to be emphasised that the role of DPW was to provide property management, and maintenance expertise as well as experience in establishing and managing government’s Immovable Asset Register as per the GIAMA. He added that the work of the task team was hampered because the responsible officials from the SSA was deployed to tasks in other departments.

 

 

 

3. Highlights of the committee work - 2014 to 2019:

 

3.1. The committee maintained a high level of oversight over the Minister as the Executive Authority of the DPW and PMTE.

 

3.1.1. The collaboration with the Office of the Minister of Public Works was, amongst others, formalised through annual responses to the Budgetary Review and Recommendations reports of the committee that were submitted to the Office of the Speaker. The information provided allowed the committee to schedule future meetings based on material evidence of the work of the DPW and the PMTE.

 

3.1.2. The committee maintained a high level working relationship with the Deputy Minister and Parliamentary Liaison Officers (PLOs) of the Minister and Deputy Minister who attended meetings consistently.

 

3.1.3. The processing of information between the Executive Authority and the committee was well managed. The exception was the brief period during the 2016/17 financial year, when changes were made to the Executive Office bearer and the PLOs.

3.1.4. The adherence of the Department to the 30-day payment of contractors in accordance with PFMA regulations.

 

3.1.5. Oversight visits to some of the proclaimed Small Harbours in the Western Cape, which led to the recommendations sent to the Department to ensure effective management and maintenance of small harbours.

 

3.1.6. An oversight visit to Namibia, taken jointly with the Portfolio Committee on International Relations and Cooperation, to assess the state of immovable assets (properties) located in Windhoek and Walvis Bay, which led to recommendations to the Department to ensure effective management and maintenance of properties outside the country.

 

3.1.7. The study tour to Germany that was undertaken during the third quarter of 2018. The study tour held the promise of gathering insights into intergovernmental cooperation between the three levels of government concerning planning, construction, and maintenance. The committee was specifically concerned with the need to plan and construct buildings that were sustainable and that used bulk services such as water and electricity in efficient ways. The plan was to gather such knowledge to strengthen and deepen its oversight activities over the Property Management and Trading Entity (PMTE) and the regional offices of the national Department of Public Works.

 

3.1.8. The passing of the Agrément SA Bill (2015) and the rejection of the Expropriation Bill (2018) as legislation processed during the period under review.

 

3.1.9. Due to the Committee’s oversight and accountability efforts, the DPW presented its first electronic Immovable Asset Register system during the last quarter of 2018.

 

3.1.10. The High Level Panel Recommendations were processed with a specific focus on the public works portfolio during the first quarter of 2019.

 

3.2. The following achievements emerged from oversight over the Agrément South Africa (ASA), the IDT, the Construction Industry Development Board (CIDB) and the Council for the Built Environment:

3.2.1. The research that the ASA was doing at the CSIR laboratories assisted with the development of alternative building material and building systems that were fit for purpose. The material was expensive but it allowed the construction of social infrastructure and housing units at a faster rate that allowed the recuperation of initial funds at later stages of the project, and during use of the constructed buildings.

 

3.2.2. The committee viewed a school that was built using alternative building material. The quality was of such a high standard that the committee urged the ASA to market the products and building systems that they developed so that it could lead to effective by client departments and the IDT.

 

3.2.3. The committee identified a need for a stakeholder’s forum where contractors, sub-contractors, and beneficiaries could meet and discuss their experiences with the CIDB. The CIDB acted on this and during the period 2014-2016, held several such fora across the country. The frustrations of contractors and sub-contractors assisted with the current organisational re-development that aims to get the entity properly organised so that it is fit to assist sub-contractors and contractors to progress on the contractors register, and run sustainable businesses.

 

3.2.4. There was a dire need for a regulated career path of graduates in the built environment professional (BEP) sector towards certified professionals. The committee found evidence that it took an inordinately long period for graduates in the BEP fields of engineering, architecture, quantity surveying, property valuers, project and construction management, landscape designing, to gain certified status.

 

3.2.5. The committee’s oversight work revealed that sufficient regulations that guide the process from BEP graduate to internship and final professional registration is lacking.

3.2.6. It found that the absence of legislation that addresses the need for transformation in the BEP sector has the negative effect that in spite of universities developing BEP graduates they remain unable to practice and run large projects or start new companies as fully-fledged BEPs.

 

3.2.7. The committee raised this matter with the CBE, CIDB and the DPW. The committee made recommendations during several deliberations in this regard. An undertaking was given that the matter will find expression through the review of the Public Works White Paper that should lead to legislation that guides the transformation of the built environment and construction industry. 

3.2.8. The committee engaged the Executive Authority and the DPW robustly on the lack of urgency to complete the review of the Public Works White paper that should have resulted in the Public Works Act. It urged the Executive Authority to speed up this work.

 

3.2.9. The committee stressed that this piece of legislation must be completed so that the mandate of the department and the PMTE can be spelled out more thoroughly. It will address key weaknesses in the relationship with DPW as landlord that struggles to collect management fees, rentals, and pay rates and services bills to municipalities.

3.3. The following achievements emerged from oversight over project management through the committee’s interaction with the project managers, community liaison officers, contractors and sub-contractors:

 

3.3.1. The IDT’s model of community liaison had a positive effect with communities owning and protecting the social infrastructure that were built for their benefit.

 

3.3.2. Unfortunately, project managers struggle to manage projects, simply because the ratio of projects were project managers was too high (the ratio was reported as 1:30).

 

3.3.3. Often due to the above, main contractors may manipulate situations to fit their profit-making objectives and low quality of work is often only noticed after payment is made.

 

3.3.4. The contracting between main and sub-contractors require urgent attention so that the latter can be assisted in terms of sustainability, and development that include progression on the CIDB contractor’s register.

3.3.5. It has become the norm for social infrastructure construction projects to take on average 7 to 10 years to be completed[4] thus overrunning the contracted period. In addition, applications for variation orders and subsequent amendments to contracts became the norm. This means that government pays several contractors to complete the same project with the budget escalating to amounts that overreach initially planned cost.

 

3.4. Oversight over the legislated payment of invoices to service providers within 30-days – the DPW and PMTE administrative leadership responded to the committee’s directives to ensure that the payments to service providers are effected within 30 days. The Minister further provided leadership as this is a crucial aspect that ensures the sustainability of emerging contractors in the built environment and construction sector.

 

3.5. Oversight over the management, maintenance and disposal of foreign immovable assets and the implications of the Foreign Services Bill as adopted by the National Assembly in December 2018.

 

4. Key areas for future work

 

4.1. Prioritise performance over Mandate, but develop Public Works Act by 2019, to clarify mandate, functions, roles and institutional arrangements, and empowerment of Minister to regulate and transform construction and property industries and BEPs.

4.2. The introduction of the Public Works Bill by 2020.

4.3. The introduction of the Built Environment Professions Bill by 2021.

4.4. The streamlining and reconfiguration of the Independent Development Trust (IDT) by June 2019.

4.5. The introduction of new legislation to reconstitute the IDT by September 2019.

4.6. The reintroduction of the Expropriation Bill.

4.7. Ensure that the Department of Public Works:

 

4.7.1. Develops and enforces the Construction Act.

4.7.2. Rationalises Public Entities– There was a need for dedicated Construction Management Entity.

4.7.3. Calls for the establishment of a Construction and Property Ombudsman.

4.7.4. Establishes the Property Industry Development Board.

4.7.5. Invests in institutionalisation and, capacity development and retention in all areas of the mandate.

4.7.6. Transforms the culture and enhance the capacity of the public works capacity to enable it (that is the sector) to effectively play its role.

 

  1.  
  2.  
  3.  
    1.  
    2.  
    3.  
    4.  
    5.  
    6.  
    7. Conduct collaborative oversight with the departments of Rural Development and Land Reform, Human Settlements, and Cooperative Governance and Traditional Affairs over government’s task to make land parcels available for land reform to address the continued characteristic of geospatial inequality.
    8. Consistent Quarterly Financial Performance Reporting to the committee to ensure that the DPW, PMTE and entities’ internal audit is functioning optimally.
    9. Monitoring of the Minister’s turnaround strategy to ensure consistent accountable leadership, governance, financial control, minimisation of risk and consistent compliance to the PFMA and National Treasury regulation.
    10. Monitoring of the work of the Governance Risk and Compliance Branch (GRCB) with the Special Investigations Unit (SIU) to ensure all outstanding cases and alleged corruption is resolved.
    11. Completion of a credible Immovable Asset Register.
    12. The completion of the roll out of the ARCHIBUS and SAGE software packages to maintain the IAR, and keep the financial control and reporting mechanisms intact.
    13. Monitoring of the leasing portfolio.
    14. The introduction and implementation of Phase IV of the EPWP with stronger regulatory frameworks to ensure training and progression into the formal economy with collaborative work of the Departments of Labour, basic Education, Higher Education and Training,  and Small Business Development.
    15. Receiving value for money in the provision of infrastructure development.
    16. Reducing the instances where Government is overcharged when purchasing goods and services.
    17. Monitoring the implementation of proper procurement and supply chain management (SCM) procedures.
    18. Follow-up on the Immovable Asset Register of foreign properties as requested from DIRCO, and the comprehensive implementation plan on how DIRCO would acquire, manage and maintain such properties.

 

 

  1. Key challenges that emerged

 

The following challenges have been reported on during the period 2014 to 2019. They are to be completed by the times indicated below:

 

  1. The completion of the review of the 1997 and 1999 White Papers on Public Works caused several blockages. This requires urgent action and focused oversight in the future. Latest reports in November 2018 stated that it would be done by March 2019.
  2. The introduction of the Public Works Bill by 2020.
  3. The introduction of the Built Environment Professions Bill by 2021.
  4. The streamlining and reconfiguration of the Independent Development Trust (IDT) by June 2019.
  5. The introduction of new legislation to reconstitute the IDT by September 2019.
  6. Focus is required on the collection of management fees by the IDT and on-going work on its restructuring with the National Treasury and the Department of Public Service and Administration.
  7. The reintroduction of the Expropriation Bill.
  8. The PMTE’s debt to municipalities requires attention. In addition, the payment of invoices within 30-days by the DPW and PMTE must be radically improved, and sustained.
  9. Throughout the term, the DPW and the PMTE’s vacancy rate remained high. The need to appoint and retain experienced property professionals in its services is an important pillar to continue to successful operationalization of the PMTE.
  10. The committee needs to keep a check on the successful operationalization of the PMTE. There is a leadership challenge that requires urgent stabilisation. In addition, several key tasks such as leasing and rental expenditure, unplanned maintenance, have been explained as due to capacity challenges. The collection of outstanding debts that municipalities are owed (between R250 to R300 million per month), and servicing the growing PMTE overdraft facility are added challenges that require the committee’s attention. Attention is also needed on a proper follow-up on criminal investigations that were conducted within the department depends on the continuity of the Minister’s multiyear turn-around strategy.
  11. On-going quarterly monitoring of the leasing portfolio requires a stable leadership and well-capacitated entity that can report to the committee on a quarterly basis.
  12. The committee needs to keep a check on the successful operationalization of the PMTE, collection of outstanding debts that municipalities are owed (between R250 to R300 million per month), and servicing of the growing PMTE overdraft facility, proper follow up on criminal investigations that were conducted within the department depends on the continuity of the Minister’s multiyear turn-around strategy.
  13. Completion of a credible Immovable Asset Register.
  14. Monitoring of the leasing portfolio.
  15. Implementation of Phase IV of the EPWP but also improvement of the audit opinion that relates to the streamlining of data collection and the verification of data across the three tiers of government. Receiving value for money in the provision of infrastructure development.
  16. Reducing the instances where Government is overcharged when purchasing goods and services.
  17. Monitoring the implementation proper procurement and supply chain management (SCM) procedures.
  18. Receiving value for money in the provision of infrastructure development.

 

  1. Recommendations

 

Recommendations are covered in Section 12 of this report. (P.44-45)

 

The main body of the report follows.

  1. Introduction

 

  1. Department and Entities falling within the committee’s portfolio

 

Guided by the Rules of Parliament promulgated in terms of the Constitution to play an oversight role on the Ministry, the Department of Public Works and its entities, this committee:

  • Exercises its monitoring role in such a way that it contributes towards the improvement in the quality of life of all South Africans;
  • Scrutinises legislation and other policies that impact on the spheres of public works;
  • Facilitates interdepartmental and intergovernmental relationships at all spheres of government;
  • Conducts the committee’s business as per Schedule 4 of the Constitution, to be sensitive to provincial and local government interests at the national level;
  • Learns to understand other international best practises relevant to its field of jurisdiction to serve all South Africans to its best.

 

  1. Department of Public Works

 

The mandate of the Department of Public Works (DPW) is the custodianship and management of a significant portfolio of national government’s immovable assets. This includes the provision of accommodation, rendering of expert built environment services to user departments at national government level in the planning, acquisition, management and disposal of immovable assets. The DPW is also mandated to coordinate and provide strategic leadership in the implementation of the Expanded Public Works Programme (EPWP).

  1. Entities:

 

 

Name of Entity

 

Role of Entity

 

Agrément South Africa (ASA)

 

The legislative mandate of Agrément South Africa is to be an “independent organisation, to bring impartial judgements to the evaluation of innovative construction products and systems in the interest of the consumer”. Its mandate states further that Agrément South Africa shall support and promote the process of integrated socio-economic development in South Africa as it relates to the construction industry. The entity will further facilitate the introduction, application and utilisation of satisfactory innovation and technology development, in a manner which will add value to this process. Agrément South Africa’s position is also consolidated as the internationally acknowledged objective South African centre for the assessment and certification of non-standardised construction products and systems through technical assessments as being fit-for-purpose.

 

 

Construction Industry Development Board (cidb)

 

The CIDB Act 38 of 2000 mandates the cidb to provide strategic leadership to construction industry stakeholders to stimulate sustainable growth, reform and improvement of the construction sector; promote sustainable growth of the construction industry and the participation of the emerging sector in the industry; determine, establish and promote improved performance and best practise of public and private sector clients, contractors and other participants in the construction delivery process; promote uniform application of policy through all spheres of government and promote uniform and ethical standards, construction procurement reform, and improved procurement and delivery management – including a code of conduct; develop systematic methods for monitoring and regulating the performance of the industry and its stakeholders, including the registration of projects and contractors.

 

 

Council for the Built Environment (CBE)

 

The CBE is a schedule 3A entity established by the Council for the Built Environment Act (Act No 43 of 2000). Through the Act, the CBE is tasked with overseeing the six built environment professions: Architects, Engineers, Landscape Architects, Quantity Surveyors, Property Valuers and Project and Construction Managers. The CBE and the Professional Councils have 13 concurrent mandates for which the CBE must develop policy guidelines to ensure consistent application across the built environment professions. These policy frameworks also provide a guideline through which all Professional Councils can develop their own policies. The CBE as a regulator provides oversight and support during the development and implementation of the profession specific policies.

 

 

 

Independent Development Trust (IDT)

 

The mandate of the IDT is grounded in the Constitution and the Bill of Rights. The IDT, as a development agency, has interpreted its mandate as supporting as spheres of government with the implementation of the national development agenda with particular reference to the eradication of poverty, employment creation, and the creation of sustainable and cohesive communities.

 

 

  1. Functions of committee:

 

Parliamentary committees are mandated to:

 

  • Monitor the financial and non-financial performance of government departments and their entities to ensure that national objectives are met
  • Process and pass legislation
  • Facilitate public participation in Parliament relating to issues of oversight and legislation.

 

 

 

 

 

  1. Method of work of the committee

 

The Portfolio Committee on Public Works met on a weekly basis, once a week according to the schedule of committees. The committee interacted with briefing documents from the Department of Public Works, its entities and other invited stakeholders. This was done with the support of the allocated support staff members.

 

As a committee that focuses on a department and entities that deal with the construction industry and built environment, except for legislation and oversight over the annual performance and annual report, much of its focus is on project management, budgetary allocations, timeframes within which projects are to be completed, and contracting and leasing matters. Because of the DPW and PMTE being mandated to be the provider of accommodation for client departments, and constructor of social infrastructure projects across the national, provincial and municipal tiers of government, this committee requires a much more hands-on approach in its oversight method. This means that the committee attempts to visit construction projects in collaboration with other committees as well as with provincial and municipal executive office bearers and administration. This is due to Schedule 4 of the Constitution that describes public works as a concurrent function.

 

  1. Purpose of the report

 

The purpose of this report is to provide an account of the work of the Portfolio Committee on Public Works during the 5th Parliament (2014 – 2019) and to inform the members of the 6th Parliament of key outcomes achieved, and outstanding issues pertaining to the oversight and legislative programme of the Department of Public Works and its entities.

 

This report provides an overview of the activities that the committee undertook during the 5th Parliament, the outcome of key activities, as well as any challenges that emerged during the period under review and issues that should be considered for follow up during the 6th Parliament. It summarises the key issues for follow-up and concludes with recommendations to strengthen operational and procedural processes to enhance the committee’s oversight and legislative roles in future.

 

  1. Key statistics

 

The table below provides an overview of the number of meetings held, legislation and international agreements processed and the number of oversight trips and study tours undertaken by the committee, as well as any statutory appointments the committee made, during the 5th Parliament:

 

Activity

2014/15

2015/16

2016/17

2017/18

2018/19

Total

Meetings held

14

29

26

 

24

33

126

Legislation processed

0

1

0

0

1

2*

Oversight trips undertaken

1

1

0

3

3

8

Study tours undertaken

0

0

0

0

1

1

International agreements processed

N/A

N/A

N/A

N/A

N/A

0

Statutory appointments made

N/A

N/A

N/A

N/A

N/A

0

Interventions considered

N/A

N/A

N/A

N/A

N/A

0

Petitions considered

N/A

N/A

N/A

N/A

2

2

 

*Note that the total of Legislation processed is two because the Expropriation Bill was dealt with twice during the 5th Parliamentary term.

 

  1. Stakeholders:

 

During the 5th Parliament, the Committee interacted with the following stakeholders:

 

  • Public Works Entities (Agrément SA, Independent Development Trust (IDT), Council for the Built Environment (CBE) and the Construction Industry Development Board (CIDB).
  • Special Investigating Unit (SIU)
  • National Association for Youth Empowerment in Construction (NAYEC)
  • Black Association of Commercial Property Owners (BACPO)
  • The six professional councils reporting to the Council for the Built Environment (CBE)
  • The Office of the Auditor General South Africa (AGSA).
  • Department of International Relations & Cooperation.
  • South African Police Service. (SAPS)
  • Department of Human  Settlements
  • Housing Development Agency (HDA)
  • Department of Rural Development and Land Reform
  • Provincial  Departments
  • District and Local Municipalities
  • The National House of Traditional Leaders (NHTL), (Submission and presentation to the Expropriation Bill (B-2015).
  • Congress of Traditional Leaders of South Africa (CONTRALESA), (Submission and presentation to the Expropriation Bill, B-2015).
  • The South African Institute of Race Relations (SAIRR), (Submission and presentation to the Expropriation Bill (B-2015).
  • The South African Catholics Bishop’s Conference, (Submission and presentation to the Expropriation Bill (B-2015).
  • Business Unity South Africa (BUSA), (Submission and presentation to the Expropriation Bill (B-2015)The Banking Association of South Africa (BASA), (Submission and presentation to the Expropriation Bill (B-2015).
  • The Institute for Poverty, Land and Agrarian Studies (PLAAS), University of the Western Cape (UWC), (Submission and presentation to the Expropriation Bill (B-2015).
  • The Congress of South African Trade Unions (COSATU), (Submission and presentation to the Expropriation Bill (B-2015).
  • Solidarity, (Submission and presentation to the Expropriation Bill (B-2015).
  • AgriSA, (Submission and presentation to the Expropriation Bill (B-2015).
  • Webber Wentzel, (Submission and presentation to the Expropriation Bill (B-2015).
  • The Cape Chamber of Commerce and Industry (CCCI), (Submission and presentation to the Expropriation Bill (B-2015).
  • Centre for Constitutional Rights (CCR), (Submission and presentation to the Expropriation Bill (B-2015).
  • Transvaal Agricultural Union (TAU), (Submission and presentation to the Expropriation Bill (B-2015).
  • South African Institute of Valuers (SAIV), (Submission and presentation to the Expropriation Bill (B-2015).
  • South African Property Association (SAPOA), (Submission and presentation to the Expropriation Bill (B-2015).
  • Mtata ratepayers and residence association, (Submission and presentation to the Expropriation Bill (B-2015).
  • South African Geomatics Institute (SAGI), (Submission and presentation to the Expropriation Bill (B-2015).
  • Bathlakoane Ba Manzimnyama, (Submission and presentation to the Expropriation Bill (B-2015).
  • South African Institute of Valuers (SAIV), (Submission and presentation to the Expropriation Bill (B-2015).
  • Rand Water, (Submission and presentation to the Expropriation Bill (B-2015).
  • Legal Resources Centre (LRC), (Submission and presentation to the Expropriation Bill (B-2015).
  • Ndobela and Lamola Incorporated, (Submission and presentation to the Expropriation Bill (B-2015)
  1. Briefings and/or public hearings

 

  1. The committee annually held meetings on the budget votes and got briefings from the Department on its quarterly financial performance.

 

  1. The committee received briefings from the Department of Public Works, the PMTE and the entities reporting to the Minister. These were the main programmes that the Committee focused on:

 

  1. Administration
  2. Intergovernmental Coordination
  3. EPWP
  4. Property and Construction Industry Policy and Research
  5. Prestige Policy
  6. Immovable Asset Register

 

  1. Legislative work

 

  • Public Hearings on the Expropriation Bill.
  • Completed the Expropriation Bill process.
  • Sent the Bill to the NCOP.
  • Sent the Bill to the National House of Traditional Leaders (NHTL)
  • Received the Expropriation Bill after the President re-submitted it due to flaws related to public participation.
  • Planned extensive national public participation.
  • Had to reject the Expropriation Bill due to circumstances beyond the committee’s control.
  • Completed the Agrément South Africa Bill, which was signed as the Agrément South Africa Act of 2015 by the President.

 

Year

Name of Legislation

Tagging

Objectives

Completed/Not Completed

2014/15

The Expropriation Bill (2015)

Section 76

The Bill seeks to align the Expropriation Act, 1975, with the Constitution and to provide a common framework to guide the processes and procedures for expropriation of property by organs of state.

Bill sent to the President for assent. The President sent it back with reservations in 2017.

2015/16

Agrément South Africa Act (2015)

Section 76

The Agrément South Africa Act 11 of 2015 aims:

  • to provide for the establishment of Agrément South Africa as a juristic person;
  • to determine its objects, powers and duties;
  • to prescribe the manner in which it is managed and governed;
  • to provide for transitional arrangements; and
  • to provide for matters connected therewith.

Completed

2016/17

N/A

 

N/A

N/A

2017/18

The Expropriation Bill was withdrawn (2018)

Section 76

To ensure that the DPW re-submit the bill to take into consideration what emerged related to section 25 (the property clause) from the work of the Committee on the Review of the Constitution.

Bill rejected by the National Assembly in 2018 so that it may be re-introduced at a later stage.

2018/19

N/A

 

N/A

N/A

 

The following challenges emerged during the processing of legislation:

 

•           Technical/operational challenges that may have delayed legislation and/or complicated the processing thereof

 

Turnaround time: The letter from the President, dated 14 February 2017 was only brought to the attention of the Committee in October 2017. The Committee sought legal advice from the Parliamentary Legal Services and the Committee was briefed on the Legal documentation (incl. the letter from the President, Legal opinion & the National House of Traditional Leaders inputs) on 05 September 2017.

 

•           Procedural challenges

 

The letter from the President stated that there was insufficient time allowed for public participation during the mandating procedures of the National Council of Provinces. The Committee intended on having joint workshops and public participation with the NCOP committee during 2018. Due to time and programming constraints, this could not take place.

 

The Portfolio Committee reported a recommendation based on Joint Rule 208(2), read with Joint Rule 203(3) (c) and in line with Joint Rules 205, 206 and 207, that the Assembly rejects the Expropriation Bill [B 4D-2015] so that it may be re-introduced at a later stage.

 

  1. Oversight visits[5] undertaken

 

For recommendations and follow-up issues, refer to the Executive Summary.

 

Date

Area Visited

Objective

Recommendations

Responses to Recommendations

Follow-up Issues

Status of Report

24-26 Nov 2014

Gauteng

The main purpose of the oversight visit was for the new Members that serve in the Portfolio Committee on Public Works to familiarise themselves with the work of the mentioned entities. The Members started in this Committee in May 2014 after the general elections.

 

 

 

 

Adopted and published in the ATC.

19-23 September 2016

Mpumalanga

This visit was specifically focused on the manner in which the national Department, its Regional Office, and entities interlink with one another at provincial level, and in projects at local sites where buildings were constructed, and maintained for client departments, and EPWP projects were implemented.

 

 

 

Adopted and published in the ATC.

19-21 June 2017

Western Cape proclaimed Small Harbours (West Coast & Hout Bay)

To do oversight over the management, maintenance and security provision of property at the small harbours.

 

 

 

Adopted and published in the ATC.

31 July to 3 August 2017

Western Cape proclaimed Small Harbours.

The visit was to do oversight over:

1.  The management and maintenance of state coastal property on small harbours;

2.  The need for security at the small harbours;

3.  The management of leasing out properties that are situated on small harbours;

4.  The maintenance of equipment to ensure that DAFF staff are able to safely move vessels in and out of the water and that slipways are operational; and

5.  The need for intergovernmental cooperation between DAFF, the SH-CDU of the PMTE, and the CDC to make the development and management of small harbours a sustainable success.

 

 

 

Adopted and published in the ATC.

11-15 September 2017

Eastern Cape

To ensure that we gather insight into weaknesses that hamper policy implementation, the committee did oversight with counterparts in the Eastern Cape Provincial Legislature, and the Municipalities of Ingquza Hill, King Sabata Dalindyebo Mbashe, Raymond Mhlaba and Buffalo City Metropolitan Municipality.

 

 

 

Adopted and published in the ATC.

23 May 2018

Faure SAPS Residence – Cape Town

The visit culminated from a query raised by concerned citizens who live in the Faure area.

It specifically focused on establishing whether the residence as constructed and maintained by the Department of Public Works, was serving the purpose for which it was intended.

 

 

 

Recommendations submitted to the DPW.

13-17August 2018

Eastern Cape Follow up visit,

A follow-up visit on matters that emerged from the visit that took place from 11 to 15 September 2017.

 

 

 

Considered, adopted and published in the ATC.

 

 

 

 

 

 

 

 

 

  1. Study Tours[6] undertaken:

 

The following study tours were undertaken:

 

Date

Places Visited

Objectives

Lessons Learned

Status of Report

9 - 13 September 2018

Germany

The committee delegation endeavoured to discover existing good practices and innovative approaches in the built environment and construction, and public works sector.

The delegation focused on, amongst others:

  • The relationship between the public and the private sector in the construction and built environment.
  • The manners in which innovative building material and built environment systems were developed and used.
  • A visit to Stuttgart, more specifically, the German Sustainable Building Council (DGNB[7]) to learn more about the manners in which built environment professions such as engineers (civil, electrical, mechanical), quantity surveyors, architectural professions, project managers, and designers, collaborated and how their work was regulated in terms of planning, designing and constructing sustainable buildings.
  • A visit to explore climate neutral buildings that were certified by the DGNB, namely Vector Campus, and the Blocher and Partners Head Office in Stuttgart.
  • The inspection of maintenance of immovable property of the government of South Africa – Embassy Building in Bonn.
  • A visit to farming communities, in Brodowin, close to Berlin.

 

 

Considered, adopted and published in the ATC.

 

8.         Other matters referred by the Speaker/Chairperson

 

The following other matters were referred to the committee and the resultant report was produced:

 

Date of referral

Expected report date

Content of referral

Status of Report

06 June 2018 (ATC 77-2018)

28 September 2018

High Level Panel Report – Report of the High Level Panel on the Assessment of key Legislation and the Acceleration of Fundamental Change - November 2017.

Adopted and published in the ATC.

08 October 2018

(ATC 141-2018)

January 2019

Petition by Mr M Walters - Request to demolish the PRASA overhead bridge in  Elandsfontein (Free State)

 

Recommendation sent to the Office of the Speaker, to refer the petition to the PC on COGTA.

The Speaker referred the petition to COGTA in January 2019.

31 January 2019

(ATC 5-2019

January 2019

Petition by Mr M Walters – Request for an investigation regarding safety measures that were not in place during road works in Ekurhuleni, which resulted in two deaths.

This petition was referred to the PC on COGTA for processing and the PC on Public Works for information. Therefore, the petition was processed by COGTA.

 

 

9. Summary of outstanding issues relating to the department/entities that the committee has been grappling with:

 

The following key issues are outstanding from the committee’s activities during the 5th Parliament:

 

Responsibility

Issue(s)

Department of Public Works

Legislation: Expropriation Bill; Public Works Bill; and The Built Environment Professions Bill.

Department of Public Works

Re-configuring the Independent Development Trust (IDT).

Department of Public Works

•           2017/18 Third & Fourth Quarter financial reports.

•           2018/19 First and Second Quarter financial reports.        

Department of Public Works

Late submission of responses to recommendations on Committee Reports (Oversights, BRRR and Study Tour).

Ministry of Public Works

The multi-year turnaround strategy of the DPW and the PMTE.

 

 

10.        Master attendance list

 

 

The following table stipulates the percentage attendance of meetings by Portfolio Committee Members during the period under review:

 

Activity

2014

2015

2016

2017

2018

2019

Total

Meetings held

 

Attendance data

14

 

83%

29

 

69%

26

 

73%

24

 

75%

27

 

78%

 

5

 

83%

126

 

76% (Average)

 

11.        Committee strategic plan

 

The Committee follows a draft strategic plan that is a living document. It is firmly based on the committee’s strategy of oversight based on material evidence generated from construction and maintenance site visits, as well as engagements with the Department, the Property Management Trading Entity and the entities reporting to the Minister of Public Works.

 

Other matters of strategic importance that emerged during the year from the Budget Vote Report, Annual Performance Reports, Quarterly Performance Reports, the financial statements in the Annual Reports, and engagements with the Office of the Auditor-General were scheduled for engagement with the Minister, the Department and entities. These were reported on comprehensively in the Budgetary Review and Recommendation Report. It must be noted that due to the unavailability of the relevant stakeholders, a formal strategic planning session was not held at the beginning of the five-year term.

 

12.     Recommendations

 

 

12.1. On-going monitoring of the progress made through the Minister’s multiyear turnaround strategy of the DPW.

 

12.2. Continued reporting by the DPW on the quarterly reports (section 32 reports of the National Treasury).

 

12.3. Continued monitoring that the department, PMTE and the entities implement the audit improvement plans, have functioning internal audit committees in place, as well as implement consequence management as advised by the Office of the Auditor General South Africa (AGSA) and recommended by this committee in all its BRR reports.

12.4. The committee should conduct regular oversight visits in collaboration with committees that does oversight over the DPW’s client departments to gather material evidence on accommodation, leasing and maintenance challenges, to keep a check on the proper implementation of the User and Custodian Asset Management Plans as per the GIAMA.

 

12.5. The draft policy on unplanned state functions under the Prestige portfolio should be adopted as soon as the consultation process with the National Treasury, Department of Public Services and Administration has been finalised.

 

12.6.   Oversight over the development of the disposal policy of immovable assets taking into consideration the challenges of foreign missions that were uncovered through the study tour and oversight visit in 2018.

 

12.7.     Adherence to deadlines and Parliamentary processes by the Department of Public Works.

 

 

12.8.   The Committee has to follow a more structured programme focused on the quarterly performance of the DPW and PMTE, with enough time for the consideration and preparation of reports in the Announcements, Tabling and Committee Reports of Parliament.

12.9.     The Committee should hold a Strategic Planning workshop to guide its work going forward.

 

12.10. While dealing with the Expropriation Bill, the Committee realised that there was no rule that specifically referred to withdrawal or rejection of Bills, which were referred back to Parliament with reservations by the President. It is upon this basis that the Committee recommends to the Rules Committee that certain rules need to be included in the current NA Rules and Joint Rules.

12.11. Administratively, the turnaround time for authorisation of applications for oversight visits and study tours needs to improve.

12.12. A monitoring and evaluation tool to track the implementation of the committee recommendations by the Department needs to be established.  

12.13. The Committee has to follow-up on the implementation of Section 9 of the Foreign Services Bill as adopted by the National Assembly in December 2018.

 


[1] Department of Public Works (2014), p. 43. The Department regulates the construction industry through the Construction Industry Development Board Act (No. 38 of 2000).

[2] The Department regulates and built environment through the Council for the Built Environment Act (No. 43 of 2000) and the six Professional Council Acts that regulate the six Built Environment Professions.

[3] The task team was reportedly made up of personnel from the DPW, the Department of International Relations and Corporation (DIRCO) and the State Security Agency (SSA).

[4] This was affirmed by the study of the Auditor-General as reported to the committee in October 2018.

[5] As mentioned earlier, recommendations and responses to these are available in reports as published in the relevant ATCs. Follow-up issues have been addressed by going back to certain areas and project sites. Where adequate responses were not forthcoming, they are noted in the summary of outstanding issues to be scheduled for oversight in the 6th parliament. These issues will be addressed in the strategic plan of the new committee in 2019.

[6] As mentioned earlier, recommendations and responses to these are available in reports as published in the relevant ATCs. Follow-up issues have been addressed by going back to certain areas and project sites. Where adequate responses were not forthcoming, they are noted in the summary of outstanding issues to be scheduled for oversight in the 6th parliament. These issues will be addressed in the strategic plan of the new committee in 2019.

[7] The abbreviation DGNB is used as abbreviated in German as Deutsche Gesellschaft für Nachhaltiges Bauen

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