Gondwe, Dr M to ask the Minister of Public Service and Administration
(1)Whether his department has been monitoring the implementation of Regulation 13(c) of the Public Service Regulations and Regulation 8 of the Public Administration Management Act, Act 11 of 2014; if not, why not; if so, what has been the outcome of the specified monitoring; (2) what (a)(i) total number of public servants were found to be conducting business with the State as at 1 October 2022 and (ii) is the breakdown of the specified number for each national and provincial department and (b) is the salary level and position of each of the employees; (3) what (a) number of public servants have been subjected to disciplinary action for conducting business with the State to date and (b) has been the outcome of the disciplinary action taken in each case with regard to each of the national and provincial departments; (4) what (a) number of public servants are currently being investigated by the SA Police Service for conducting business with the State and (b) is the status of the investigations; (5) what number of public servants have been convicted for conducting business with the State as at the latest specified date for which information is available?
1. The Department of Public Service and Administration (DPSA) has been monitoring the implementation of Regulation 13(c) of the Public Service Regulations and Regulation 8 of the Public Administration Management Act, Act 11 of 2014 since 2019. Since then, the DPSA is monitoring public service employees who are allegedly conducting business with the State, through the Central Supplier Database (CSD), on a monthly basis. The following were the outcomes of the monitoring process[1]:
As at the end of March 2019, 1068 public service employees were flagged on the CSD to be allegedly conducting business with the State. Out of the 1068, 270 employees were from the national departments while 798 were from provincial departments.
As at the end of April 2020, 1539 public service employees were flagged on the CSD to be allegedly conducting business with the State. Out of 1539, 428 were from national departments, whilst 1111 emanated from provincial departments.
As at end of January 2021, 484 employees were flagged on the CSD to be allegedly conducting business with the State. Out of this number, 126 were from national departments, whilest 358 came from the provincial departments.
As at the end of January 2022, 181 employee were flagged on the CSD to be allegedly conducting business with the State. A total of 44 employees were from national departments, whilst 137 were from provincial departments.
2. a.(i) As at 1 October 2022, a total number of 113 public servants were flagged to be allegedly conducting business with the State. When flagged by the DPSA, the information is shared with departments to verify if the identified employees are still in the Public Service and for departments to investigate if these employees are indeed conducting business with the State. As per the feedback received from departments, three (3) of these public servants are representing government in an official capacity in accordance to Regulation 13(c) of the Public Service Regulations, 2016 and one (1) individual was a part time political advisor (see Table with information obtained from PERSAL and the respective departments). Thus, only 109 public servants are considered to be allegedly conducting business with the State.
(ii) the breakdown of the specified number for each national and provincial department and salary level of each employee (position is not tracked on PERSAL) is shown on the table below:
National Department
(b) SALARY LEVEL
Trade Industry and Competition
Status provided: The employee represents the department at the COEGA.
Agriculture, Land Reform, and Rural Development
4 The employee's salary levels are not specified.
Public Service and Administration
Status provided: One (1) employee was part-time Special Adviser to the previous MPSA with the contract linked to the term of office.
Higher Education and Training
The salary level of one (1) employee was not specified.
Sport Arts and Culture
Statistical South Africa
1 The salary level of one (1) employee was not specified.
Status report: Two (2) of the employees were appointed as Board members of the Biological and Vaccines Institute of SA (BIOVAC).
Government Communication and Information
Environment, Forestry and Fisheries
Provincial Department
SALARY LEVEL
Eastern Cape (10)
Cooperative Governance & Traditional Affairs
Provincial Treasury
Roads and Public Works
Free State (4)
KwaZulu-Natal (17)
Corporate Governance and Traditional Affairs
4 The salary level of two (2) employees were not specified.
5 The salary level of five (5) employee were not specified.
Northern Cape (16)
Corporate Governance Human Settlements and Traditional Affairs
Agriculture Environmental Affairs Rural Development and Rural Reform
Limpopo (7)
Mpumalanga (19)
10 The salary level of nine (9) employees were not specified.
Public Works Roads and Transport
3. (a) 35 public servants from national departments and 126 from provincial departments were subjected to disciplinary action (based on information provided by departments to the DPSA).
b) The outcome of the disciplinary action taken in each case with regard to each of the national and provincial departments are as follows[2]:
18 final written warnings
4 one month suspension without pay
2 two months suspension without pay
1 deceased
4 under investigation
4 not guilty
1 awaiting the outcome of a hearing
1 hearing scheduled
1 written warning
5 final written warning
1 contract terminated
2 indicated as in another department
12 not charging
28 out of service
14 letters of intention to charge issued
33 pending
8 withdrawn
4 resignations
1 dismissal
2 appointing chairpersons
1 retirement
(4)(a) Six (06) public servants are currently being investigated by the South African Police Service (SAPS) for conducting business with the State[3].
(b) Status of investigations:
One (1) case - 1st court appearance will be held on 24 November 2022.
Two (2) cases were postponed to 18 November 2022 and 16 January 2023, respectively.
One (1) case is with the Director for Public Prosecutions for decision.
In two (2) cases, investigating officers were tasked to source more information as per the Court.
(5) A total of seven (07) public servants have been convicted for conducting business with the State as at the latest date. One of the employees were convicted on two separate cases[4].
Information obtained by matching PERSAL and the Central Supplier Database. ↑
Information were provided to the DPSA by the implicated departments. ↑
Information provided to the DPSA by the SAPS. ↑
The information was provided to the DPSA by the National Prosecuting Authority.End ↑
Komane, Ms RN to ask the Minister of Public Service and Administration
Whether a Senior Management Service (SMS) Pre-entry certificate (Nyukela) is an entry requirement for employment in the Public Service; if not, what is the position in this regard; if so, (a) who must ensure compliance and (b) what are the reasons that government departments are advertising SMS positions without the Nyukela requirement?
The Nyukela is a requirement prior to a person being appointed into a SMS post. This is as directed by the Minister for the Public Service and Administration.
a) Heads of Department are required to ensure compliance. This includes ensuring that departments indicate Nyukela on the advert as a requirement prior to the appointment of a person to a SMS post.
b) Departments are required to include the Nyukela as a requirement for appointment when advertising an SMS post. When the DPSA notes that the matter is not addressed in an advertisement that is to be placed in the Public Service Vacancy Circular, it is duly referred back to the Department to correct.
Lees, Mr RA to ask the Minister of Finance
Whether, with regard to the Public Finance Management Act, Act 1 of 1999, that provides for the relevant treasury and/or executive authority to institute disciplinary action against an accounting officer charged with financial misconduct, the National Treasury has ever triggered the provisions against accounting officers in government departments in view of the perennial problem of fruitless, irregular and wasteful expenditure showing no signs of improvement; if not, why not; if so, what are the relevant details?
The disciplinary process is governed by the Public Service Act and not the Public Finance Management Act (PFMA). The PFMA in its current form does not provide the National Treasury with powers to institute disciplinary action against accounting officers. Information related to disciplinary action instituted in departments can be found in annual reports of those departments. The Frameworks issued by the National Treasury on unauthorised, irregular and fruitless and wasteful expenditure prescribes the process and requirements that should be followed by departments, constitutional institutions, trading entities and public entities when dealing with matters of financial misconduct linked to these expenditures.
Section 85(1)(a) of the PFMA provides that, the Minister must make regulations prescribing the manner, form and circumstances in which allegations and disciplinary and criminal charges of financial misconduct must be reported to the National Treasury, the relevant provincial treasury and the Auditor-General including (i) particulars of the alleged financial misconduct; and (ii) the steps taken in connection with such financial misconduct.
Treasury Regulation 4.1.3 states that, if an accounting officer is alleged to have committed financial misconduct, the relevant treasury, as soon as it becomes aware of the alleged misconduct, must ensure that the relevant executive authority initiates an investigation into the matter and if the allegations are confirmed, holds disciplinary hearing in accordance with the prescripts appliable and agreement applicable in the public service. The relevant treasury may also direct that (a) an official other than the employee of the department conducts the investigation or (b) issues reasonable requirement regarding the way in which the investigation should be performed as provided in Treasury Regulations 4.1.4.
Therefore, The Frameworks can be found on the National Treasury website at the following links:
www.treasury.gov.za/legislation/pfma/TreasuryInstruction/Annexure A Irregular Expenditure Framework 20192020.pdf
http://www.treasury.gov.za/legislation/pfma/TreasuryInstruction/Annexure%20A%20Fruitless%20and%20Wasteful%20Framework.pdf
http://www.treasury.gov.za/legislation/pfma/guidelines/Guideline%20on%20Unathorised%20Expenditure%2027%20May%202014.pdf
Graham, Ms SJ to ask the Minister of Finance
(1)With reference to his reply to question 2088 on 27 September 2021 regarding the non-payment of pension funds by the Dr Beyers Naudé Local Municipality, what (a) progress has been made on settling the arrears on the payment of pension funds owed by the Dr Beyers Naudé Local Municipality to third parties and (b) is the status of the payments to medical aid contributions by the Dr Beyers Naudé Local Municipality on behalf of officials and councilors where the monies have been deducted from their salaries; (2) whether the Dr Beyers Naudé Local Municipality is up to date with payments to the SA Revenue Service; (3) whether the National Treasury has contemplated withholding equitable share to the Dr Beyers Naudé Local Municipality until it complies with its fiduciary duties; if not, why not; if so, what are the relevant details?
The information below is provided by the municipality to National Treasury. It is not audited and so cannot be verified by Treasury.
1. (a) The Municipality paid an amount of R18.6 million in the month of September to the Pension Funds. That reduced the total arrear debt to R20.9 million in terms of the narrative report submitted by the municipality to both Provincial and National Treasury. It should be noted that non-payment of pension fund contributions constitutes a criminal offence in terms of Section 13(A) of the Pension Fund Act.
b) The narrative report indicates that the Medical Aids are paid up to date and there is no arrear amount on the account.
2. According to the municipality, it owes the South African Revenue Service a total amount of R30.3 million. This information is obtained from a narrative report the municipality submitted to both Provincial and National Treasury. SARS are unable to confirm with the National Treasury as they do not discuss taxpayers' affairs of a taxpayer with third parties.
3. The National Treasury does have the power to stop the transfer of the equitable share to the municipality in terms of Section 216(2) of the Constitution and other applicable legislation in the event of persistent failure by a municipality to honor its financial commitments. National Treasury does require municipalities to report on the non-payments of its commitment to South African Revenue Service, pension and other staff benefit deducted from municipal officials to be paid over the appropriate funds and/ or institutions. Failure for municipalities to provide this evidence may result in their equitable share being withheld to influence compliance.
The onus lies with the Executive Mayor to impose consequence management to the Accounting Officer. The Executive Mayor must recommend financial misconduct proceedings against the accounting officer in line with Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings.
The other option is also for the relevant Pension Fund to implement their credit control policies to collect the monies due to their institutions. Pension Fund Administrator must also lay criminal charges against the accounting officer in terms of their own legislation.
Eastern Cape Legislature must further exercise its oversight responsibility effectively. The matter must be directed to the Provincial Legislature for the relevant committee to summon the Mayor to the Legislature to provide responses on how the municipality is planning to address the matter.
George, Dr DT to ask the Minister of Finance
With reference to the reply of the President of the Republic, Mr M C Ramaphosa, to question 2985 on 6 October 2022, how does the established interdepartmental committee measure and/or determine whether or not the Republic has credible risk assessments in place to address money laundering and terror financing, that its supervisory authorities have appropriate risk-based approaches, and that the Republic's investigative and prosecuting authorities are able to speedily investigate, prosecute and seize assets related to financial crimes and corruption?
Government is cognizant of the importance of having credible risk assessments as this enables the fight against money laundering, corruption and related financial crimes to be focused and targeted to high-risk areas and sectors. In this regard, to ensure the credibility of risk assessments, the government, including the supervisory authorities, takes into account the guidance that was issued by the Financial Action Task Force on the conducting of risk assessments, which rely on reasonably standardized methodologies that rely on analysis of existing data as well as in-depth engagement with relevant stakeholders and practitioners. The guidance can be accessed using the following link on the FATF website: https://www.fatf-gafi.org/media/fatf/content/images/National_ML_TF_Risk_Assessment.pdf.
Supervisory bodies are required to adopt a risk-based approach to supervision and effect these in line with their internally documented mechanisms. Additionally, supervisory bodies, including the Prudential Authority and the Financial Sector Conduct Authority have conducted money laundering and terrorist financing sector risk assessments. These methodologies are reasonably standardized. The second round sector risk assessments for the banking and life insurance sector have been issued by the Prudential Authority and are available at the following link: https://www.resbank.co.za/en/home/publications/publication-detail-pages/media-releases/2022/Banking-and-Insurance-sectors-assessment-reports.
The supervisory agencies have developed sectoral risk assessments for AML/CFT which have been submitted to the Interdepartmental Committee on Anti-Money Laundering and the Combating of the Financing of Terrorism (AML/CFT) for consideration.
Although the IDC-AML/CFT also comprises the investigating and prosecuting authorities, the IDC-AML/CFT does not interfere with the work of the investigating and prosecuting authorities, as they operate independently in line with their investigating and prosecutorial policies. However, the IDC-AML/CFT guides the investigating and prosecuting authorities of the improvements that are required in the anti-money laundering and related offences policy framework, and also for them to address deficiencies identified in the Mutual Evaluation report. Government is strongly of the view that considerable progress has been made in the effective use by South Africa's law enforcement agencies of the powers provided for combating financial crimes and money laundering. While much remains to be done, substantial progress is evident in relation to "state capture" cases, the policing of PPE-related corruption, and corporate frauds.
The IDC-AML/CFT considers reports on risk assessments at regular intervals when assessments are updated, and that these are included in the IDC-AML/CFT's formulation of AML/CFT policies.
The IDC-AML/CFT is in the process of finalising a National Risk Assessment (NRA) for money laundering, terror financing and proliferation financing, and also a strategy for AML/CFT and the Countering of Proliferation Finance (CPF). The NRA document and the strategy document will be submitted to the FATF around end-November 2022 as part of the process of demonstrating progress in addressing deficiencies identified in the Mutual Evaluation report relating to Risk, Policy and Co-ordination (FATF Methodology for effectiveness relating to Immediate Outcome 1) (https://www.fatf-gafi.org/media/fatf/documents/methodology/fatf%20methodology%2022%20feb%202013.pdf.)
The IDC-AML/CFT will publish summarised versions of the NRA and national strategy documents as soon as they are finalised.
Buthelezi, Mr EM to ask the Minister of Finance
In view of reports that the current Chief Executive Officer of the Office of the Tax Ombud is currently the Acting Tax Ombud, what are the details of and update on the process of the appointment of a permanent Tax Ombud?
The Minister of Finance has commenced with the recruitment process for the appointment of the Tax Ombud in terms of section 14 of the Tax Administration Act, 2011 (Act No 28 of 2011). The advert for the position was published in the Sunday Times on Sunday, 30 October 2022 and in the Business Day on Monday, 31 October 2022. It was also published on the following social media platforms, namely Twitter, Facebook and LinkedIn. The closing date for the advert was 14 November 2022. Following the closing date, the shortlisting process will commence and thereafter interviews will take place.
Given that the Public Service Amendment Bill has been under consideration by his Ministry since 2018, (a) by what date does he envisage the specified Bill will be sent to Parliament and (b) what delays has he found in this regard?
It is envisaged that the Public Service Amendment Bill will be tabled in Parliament in the 2022/2023 financial year.
The delay in processing the Public Service Amendment Bill was due to the fact that the Bill was extensively consulted, including consultations with organised Labour in the relevant bargaining councils. The Bill is currently at NEDLAC.
In light of the fact that communication and/or circulars from his department to other departments are issued without time frames, what (a) are the reasons for communications without time frames and (b) has he found to be the impact of the specified practice on accountability and commitment to adhere to legislative prescripts?
Circulars are issued based on the provisions of an Act for a number of purposes including issuing instructions' providing clarifications; information; guidance; rules; and/or background information on legislative or procedural matters. As Circulars are issued under the statutory power, they are binding, usually from the date of issue. As Circulars serve different purposes, there will be those with timeframes and those without. In the event where it is a requirement for timeframes, the circular/communication does indicate for the purposes of accountability and commitment. Those without timeframes are often about clarifications or for information sharing.
As mentioned in (a) above Circulars serve different purposes, and sufficient measures are put in place to ensure adherence, accountability and commitment from all those that they are the target audience.
Siwisa, Ms AM to ask the Minister of Police
What are the reasons that the SA Police Service failed to intercept the act of a women in Parow, who was on the verge of selling her 4 year –old child to paedophiles and which was only brought to the attention of the Government after the Federal Bureau of investigation intercepted the gruesome act of the mother?
Find here: Reply
Hunsinger, Mr CH to ask the Minister of Finance
Whether he and/or the National Treasury submitted a policy review document and/or any other government policy document to structures outside of the Government, either to private and/or external structures or structures of any political affiliation during the past five years; if not, what is the position in this regard; if so, (a) will he furnish Mr C H H Hunsinger with copies of all such documents and (b) what are the reasons that the Government documents were provided to each structure?
This question is very general, and it is not very clear what specific information the Honourable Member is requesting. It is generally the policy of the Government and the National Treasury to seek public comments on policy and legislative proposals. Such policy and legislation proposals are generally published on the National Treasury website for public comment, and once finalised, made public once again on our website.
I refer the Honourable Member to the National Treasury website (www.treasury.gov.za)
(1)With reference to his reply to question 2159 on 26 August 2022, what are the implications of the Public Service Regulations of 2016 for the over 2 000 senior managers in the Public Service who do not have qualifications for the senior management positions that they currently occupy; (2) what is the reason that the capturing of qualifications on PERSAL is not mandatory or compulsory for all public servants as this will assist his department in rooting out qualifications fraud in the Public Service; (3) what steps has his department, which is meant to be at the heart of the Republic's administration, taken in order to (a) root out qualifications fraud in the Public Service and (b) ensure it gets a clear and concise picture of the qualifications of public servants?
1. It should be noted that majority of senior managers were appointed prior to the implementation of the Public Service Regulations, 2016. As of 30 September 2022, the number of SMS members who were appointed on or after 1 August 2016 and who do not have the requisite qualifications for the positions that they are occupying is 599. Whilst qualifications are critical to the recruitment and selection of senior managers, these alone are insufficient because they cannot be used to infer competence
2. PERSAL is specifically designed for payment of employees' salaries. It should be noted that although qualifications are captured on PERSAL system, this system does not verify the authenticity of the qualifications.
3. (a) In terms of Regulation 67 (9) (a and b) of the Public Service Regulations, before making a decision on an appointment or the filling of a post, an executive authority shall satisfy herself or himself that the candidate qualifies in all respects for the post and that his or her claims in his or her application for the post have been verified as directed by the Minister, and record that verification in writing.
b) Verification of qualifications is one of the selection process which is done before finalising the appointment. The National Qualification Framework Act imposes a duty on employers to verify any qualifications by submitting to SAQA before appointing prospective employees. It is therefore, the responsibility of Accounting Officers in the departments to verify, through the National Learner Database if the qualifications of SMS members they are appointing are authentic as PERSAL is not the system that verify the authenticity of the qualifications.
(1)What (a) measures has his department put in place to strengthen the implementation of the Batho Pele principles in the Public Service and (b) has been the impact of the non-implementation of the Batho Pele principles on the state of the Public Service in the Republic; (2)How often does his department monitor the implementation of and the adherence to the Batho Pele principles in the Public Service?
1 Strengthening the implementation of Batho Pele principles remains a key priority for the government in building a citizen-centric society.
(a) To ensure that the Batho Pele principles remain valid and relevant, the DPSA has developed a revised Batho Pele revitalisation strategy that Cabinet endorsed in March 2022. The strategy requires the development and implementation of context-specific Batho Pele standards. These standards will ensure that public services are rendered in a specific, effective and efficient manner
(b) Reports from the Office of the Public Service Commission, which monitors adherence to Batho Pele Policy as per its Constitutional mandate to monitor, non-implementation of the Batho Pele principles and Constitutional Values and Principles, non-implementation can impact negatively on service delivery and citizen satisfaction.
2) Quarterly reports on the implementation of Batho Pele principles across the public service are prepared internally within the Department. The Department also uses the Batho Pele Forum which meets on a quarterly basis, to monitor and report on the implementation of Batho Pele with the public service. All these culminate in an annual status report on the implementation of Batho Pele and the level of adherence to the Batho Pele principles.
Kruger, Mr HC to ask the Minister of Finance
What (a) is the total amount in Rand that has been outstanding by each (i) national department, (ii) provincial department and (iii) local government for more than 30 days for the services rendered by small, medium and micro enterprises and (b) has he found are the reasons for each department and municipality not honouring the 30-day regulation?
The National Treasury cannot certify the data provided in respect to this question, as only the accounting officer at each national or provincial department or municipality can do so. The data provided is not verified.
National Treasury Instruction Note No. 34 requires departments to submit exception reports to the relevant treasuries by the 7th day of each month with details of the number and rand value of invoices paid after 30 days and those that remain unpaid from the date of receiving invoices. Provincial departments submit information on the late payment of invoices to their respective treasuries. Information at provincial government is collated by their respective treasuries, consolidated, and submitted to the National Treasury by the 15th day of every month with information on the preceding month. Therefore, statistical information for each provincial department can be obtained from the relevant treasuries. The treasury instruction further requires the accounting officers of departments to confirm the accuracy of information reported by signing off these reports prior to its submission to the relevant treasuries.
Since the inception of the National Treasury Instruction Note No.34, the National Treasury provides progress reports on this requirement to the relevant stakeholders and continues to monitor the level of compliance with the requirement to pay supplier's invoices within the prescribed period. Such progress reports are shared with the relevant stakeholders on a quarterly and annual basis. The information collated from departments forms the basis of compiling the quarterly and annual reports which can be located on the link below:
http://www.treasury.gov.za/legislation/pfma/Compliance%20on%20Payment%20of%20Suppliers/default.aspx
The statistics provided below provides information collated from departments for quarter 1 of the 2022/2023 financial year. The tables below contain information owed by departments to all suppliers including SMME's for quarter 1 of 2022/2023 financial year, but we do not have a more detailed breakdown on amounts owing to SMMEs.
(a)(i)
Table 1 below provides a list of national departments that reported invoices older than 30 days and not paid at the end of June 2022.
Table 1: Total number and rand value of invoices older than 30 days and not paid by national departments at the end of June 2022
Older than 30 days and not paid
Rand Value
Public Works and Infrastructure (Main Account)
Water and Sanitation (Main Account)
Forestry, Fisheries and Environment
Public Works and Infrastructure (Trading Account)
Water and Sanitation (Trading Account)
R2 590 747
(a) (ii)
Table 2 below provides statistics of provincial government on the number and rand value of invoices outstanding at the end June 2022.
Table 2: Total number and rand value of invoices older than 30 days and not paid by provincial departments at the end of June 2022
Provincial Departments
Number and Rand Value of invoices older than 30 days and not paid per province
Number of invoices
Rand Value of invoices
R 3 033 218
R27 353 872
R281 492 366
R1 334 443 888
(a)(iii)
The information below represents the first quarter reported to the local government data base by municipalities as per section 71 of the MFMA. It is aggregated per province for ease of reference. Unfortunately, the level of information that the question requires is not available from the reporting template and must be obtained from the municipality directly.
Information related to Municipalities may be obtained at those relevant Municipalities
The common reasons provided by national and provincial departments for late and/or non-payment of invoices during the first quarter of the 2022/2023 financial year are as follows –
IT system issues (BAS, LOGiS, Safety web etc);
Delay in submission of invoices for processing;
Unresolved invoice discrepancies;
Client departments not confirming Funds timeously;
CSD information not updated timeously by suppliers;
Inadequate budget; and
Inadequate internal capacity
In addition to the response under a(iii) above, information on Municipal Finance Management Act (MFMA) can be obtained from individual municipalities as currently there is no process instituted by the National Treasury to collate and report on such information.
Cebekhulu, Inkosi RN to ask the Minister of Public Service and Administration
(1)Whether he will furnish Inkosi R N Cebekhulu with an update on the investigation of the Public Service Commission, especially on the matter of the 2 364 senior managers who have reportedly been found not to possess the relevant qualifications for the jobs that they occupy, with 1 211 senior managers employed at the national level and 1 153 at the provincial level; if not, why not; if so, what are the relevant details; (2) Whether any of the specified managers have been red-flagged for corruption and fraudulent practices; if not, what is the position in this regard; if so, what are the relevant details?
(1) Whether he will furnish Inkosi R N Cebekhulu with an update on the investigation of the Public Service Commission, especially on the matter of the 2 364 senior managers who have reportedly been found not to possess the relevant qualifications for the jobs that they occupy, with 1 211 senior managers employed at the national level and 1 153 at the provincial level; if not, why not; if so, what are the relevant details;
(2) The Public Service Commission (PSC) has to date, requested information from the Acting Minister for Public Service and Administration (AMPSA) in order to be able to deal with the issue of SMS qualifications properly. The PSC will communicate its findings once information is received from the AMPSA and the analysis thereof is concluded.
What (a) was the backlog of disciplinary cases in the Public Service in the (i) 2020-21 and (ii) 2021-22 financial years, (b) total amount did the specified backlog cost the State and (c) is the breakdown of the backlog in each (i) national and (ii) provincial department?
(a)The breakdown in the number of backlog of disciplinary cases are as follows:
(i) 2020-21
3rd Quarter and 1722
(ii) 2021-22
Please note the backlog is calculated as cases that are taking more than 90 days to conclude which is the standard to finalise disciplinary cases in the Public Service.
(b) Backlogs on disciplinary cases do not necessarily cost the state money except showing the failure of departments in meeting the required standard of 90 day to finalise disciplinary cases.
(c) The breakdown of the backlog in each
(i) National
1st Quarter 165
2nd Quarter 535
3rd Quarter 195
4th Quarter 196
3rd Quarter and 917
(ii) Provincial departments
(1)Whether the Office of the Tax Ombud relies on any statutory provisions for its establishment; if not, why not; if so, what are the relevant details? (2) whether a separate budget will be appropriated for the specified office; if not, why not; if so, what are the relevant details?
1. (a) There is enabling legislation which makes provision for the Minister of Finance to appoint a Tax Ombud in terms of Section 14 of the Tax Administration Act, 2011 (Act No 28 of 2011).
(b) Section 15 of the Tax Administration Act, 2011 is the enabling legislation which deals with the Office of the Tax Ombud and makes provision for the Tax Ombud to appoint the staff of the office of the Tax Ombud.
(c) The Office of the Tax Ombud has functional independence, in that the Minister of Finance and the South African Revenue Service (SARS) cannot interfere with the decision of the Tax Ombud.
2. The Office of the Tax Ombud is financed by a budget approved by the Minister of Finance, which is a ringfenced in the SARS budget.
Langa, Mr TM to ask the Minister of Mineral Resources and Energy
Whether he has been informed that Sasol has been trying to sell Natref; if not, what is the position in this regard; if so, is the Central Energy Fund as it is the main entity on energy involved in this?
The Department has not received any communication regarding the matter under question, we therefore cannot comment on Sasol's intention to sell its stake at Natref.
Chirwa, Ms NN to ask the Minister of Higher Education, Science and Innovation
What (a) steps has he taken to recoup the R5 billion meant for youth skills development that has allegedly gone missing and (b) plans have been put in place to ensure that negligence and corruption of this nature no longer takes place?
There are decisive steps which I took in addressing the detected malfeasance at the NSF. It must however be stated that the R5 billion quantum is not an accurate figure, the correct figure is much lesser than that.
At the time of the Auditor General of South Africa (AGSA) indicating that the AGSA audit process could not conclusively report on the NSF funded projects amounting to about R2.5 billion, I immediately placed the then Director-General and the Chief Executive Officer on precautionary suspensions.
Further to that I commissioned a forensic investigation on the financial affairs of the NSF to which NEXUS FORENSIC SERVICES was tasked.
The forensic report has since been received studied and presented to SCOPA and the Parliamentary Portfolio Committee of Higher Education Science (PCHESI) and Innovation.
Critical consequence management action taken since the release of the report are:
1. DHET assisted by the State Attorney office has issued further precautionary suspension letters to internal official implicated by the forensic report with the intention of taking disciplinary actions.
2. A case of criminal investigation, as recommended in the forensic report has been opened with the South African Police Services.
3. Further to these interventions, and for the purpose of recouping the NSF funds from ill-gain, the Special Investigative Unit (SIU) has been brought on board. The results thereof will be civil action claims against all parties who corruptly benefitted from the NSF skills development funding system.
The forensic investigation, much as the AGSA also did point out, exposed the soft underbelly of the NSF business operating systems which may have contributed vastly to opportunistic malfeasance conducts.
I have since commissioned a Ministerial Task Team (MTT) to look at the reconfiguration of the NSF business operating model so that it becomes an effective, efficient, and economically efficient skills development entity.
The MTT has completed its task and has submitted a report to which the Director General of the DHET has been tasked to complete the processes of implementing the report by 31 July 2023. The report has been presented to PCHESI.
Van Staden, Mr PA to ask the Minister of Health
Whether new units have been set up in the Bela-Bela Public Hospital in Limpopo; if not, (a) why not and (b) what are the reasons that the new intensive care unit is not equipped with sufficient staff for the specified unit to be fully functional; if so, are the new units operational?
(a) The Limpopo Provincial Department of Health has confirmed that there was no new ICU that was recently constructed for the Bela Bela hospital because the existing ICU is still in good condition.
(b) The existing intensive care unit is fully functional.
King, Ms C to ask the Minister of Higher Education, Science and Innovation
What total number of Technical and Vocational Education and Training colleges have their own student accommodation facilities?
The Department has thirty-eight (38) Technical and Vocational Education and Training Colleges that have their own student accommodation facilities. The colleges are as follows:
TVET COLLEGES WITH STUDENT ACCOMMODATION
Buffalo City TVET College
Ingwe TVET College
King Hintsa TVET College
KSD TVET College
Lovedale TVET College
Port Elizabeth TVET College
Flavius Mareka TVET College
Maluti TVET College
Central Johannesburg College
Ekurhuleni East TVET College
Tshwane North TVET
Tshwane South TVET College
South West Gauteng TVET College
Elangeni TVET College
Mnambithi TVET College
Esayidi TVET College
Mthashana TVET College
Thekwini TVET College
Umfolozi TVET
Coastal KZN TVET College
Vhembe TVET College
Sekhukhune TVET College
Capricorn TVET College
Waterberg TVET College
Ehlanzeni TVET College
Gert Sibande TVET College
Nkangala TVET College
Orbit TVET College
Taletso TVET College
Vuselela TVET College
Northern Cape Urban TVET College
Northern Cape Rural TVET College
Boland College
College of Cape Town
False Bay TVET College
West Coast College
South Cape TVET College
Northlink College
Msimang, Prof CT to ask the Minister of Mineral Resources and Energy
Considering that his department spent R500 000 on a report that recommended that the national nuclear regulator be removed from his department and placed within the former department of environmental affairs, and noting the significant amount spent on the specified report and its findings, (a) what are the reasons that the nuclear regulator remains within his department and (b) by what date will it be (i) moved to the Department of Forestry, Fisheries and the Environment and/or (ii) constituted as an independent agency within the Government?
The National Nuclear Regulator (NNR) was established as an independent Regulator through the National Nuclear Regulator Act 47 of 1999 (the NNR Act). This had evolved from Council for Nuclear Safety (CNS) that was housed within the then Atomic Energy Corporation (AEC), currently the South African Nuclear Energy Corporation (Necsa). The NNR plays a central role in ensuring safety in the use and handling of most "radioactive materials", as defined in the NNR Act. In terms of section 8(1) of the NNR Act, the NNR is "governed and controlled" by its Board. The powers of the Board are extensive and it is placed at the centre of the most important decision-making functions of the NNR; and must direct and control the functions and operations of the NNR.
a) Following the International Atomic Energy Agency's Integrated Nuclear Infrastructure Review Mission in South Africa, the then Department of Energy undertook a process of reviewing its legislative framework to strengthen the effective independence of the Regulatory body. In October 2013, the Department commissioned a Feasibility Study at an estimated cost of about R500000 to be in a position to identify and establish where appropriate the following aspects:
Legislation to ensure the effective independence of the National Nuclear Regulator ("NNR") by ascertaining the best practice (through benchmarking) in enhancing the effective independence.
The appropriate body in Government to which the NNR should be reporting; and
The impact of moving the NNR to such a body.
The Feasibility Study indicated that thirty-one (31) countries operating nuclear power stations and international trends reveal that these countries' nuclear safety regulators can be an integral part of the State's governmental bureaucracy or in contrast, can be totally independent. These countries address the "effective independence" of their nuclear safety regulators taking into account the nuclear safety regulator's Administrative Reporting Mechanisms, Funding Model and Regulatory Enforcement Measure. Taking these factors into account, proposed amendments to the NNR Act were considered prudent, noting the uniqueness of the nuclear industry, and required capacity within the appropriate Department.
(i) There is no date for any movement. The issue of effective independence of the regulator is being addressed through the strengthening of the statutory framework to ensure that the decisions of the NNR remain independent, given the existing reporting lines of the regulator. The NNR thus remains effectively independent and the perception that is not is unfounded.
(ii) Further amendments to the NNR Act have been proposed, amongst others, to strengthen the independence of the NNR, in particular removing any internal appeal to the Minister of Mineral Resources and Energy on decisions of the NNR. These amendments will be facilitated through the legislative process.
Madokwe, Ms P to ask the Minister of Mineral Resources and Energy
Whether he has thought about investing in alternative energy sources like wind, solar energy production and battery storage, especially for government buildings and educational facilities that do not use much electricity, with the intention of feeding leftover energy to the Eskom energy grid; if not, why not; if so, what are the relevant details?
The Department of Mineral Resources and Energy is investing in energy efficiency in public buildings and infrastructure, and this covers high-energy efficient lights, heating, ventilation and cooling systems, and alternative energy such as hydrogen fuel cells. The energy efficiency measures are being implemented in various buildings of the municipalities, provincial and State-Owned Buildings with projects underway at the Lahae La SARS 9n Brooklyn, Tshwane Market, and in 45 municipalities. These energy efficiency measures are meant to reduce energy demand, thus ensure more energy is available for the productive sectors of our economy. We do also encourage all consumers of electricity to reduce consumption where possible as the first fuel before embarking on other interventions.
Cachalia, Mr G K to ask the Minister of Public Enterprises
What are the relevant details of the much-needed repairs and maintenance to its existing fleet that Eskom will (a) make in the short term and (b) not be able to make due to financial constraints to secure a stable baseload generation?
According to Information Received from Eskom:
a) Generation's power plant units are required to undergo maintenance outages periodically to prevent future failures, address load losses, meet statutory requirements, and fix broken equipment.
The table below summarises the projected outages over the next five years in accordance with the capacity plan published in October 2022 and the plant maintenance philosophies of the stations.
FY of outage start and type of outage (count)
Type of outage
FY23
General Overhaul (GO)
Minor Overhaul (MO)
Interim Repairs (IR)
Inspections (IN)
b) The required outage budget for the next five years, FY2023 to FY2024, was R46 713 billion, compared to an affordability cap of R41, 800 billion (what Eskom could afford), resulting in an R4,913 billion financial constraint. Since then, the Chief Financial Officer has raised the affordability level to R44, 700 billion, reducing the gap to R2, 013 billion.
Eskom is working hard to stay within this restriction; but there are risks presented by this funding plan that may result in plant reliability challenges if all maintenance scopes are not completed. In addition, it does not allow for any scope variations in case of additional maintenance requirements discovered during outages.
Remarks: Approved / Not Approved
Jacky Molisane Pravin Gordhan, MP
Acting Director-General Minister
Date: Date:
Buthelezi, Mr EM to ask the Minister of Public Enterprises
Whether, with reference to his department's Budgetary Review and Recommendations Report which reflected that a number of state-owned enterprises (SOEs) did not submit their financial statements by the prescribed due date, he has found this as being indicative of the specified entities' decline in quality of service and their performance; if not, what is the position in this regard; if so, what systematic methods will his department provide for monitoring the performance of SOEs, more especially when it comes to their financial statements as per its mandate?
The Commission of Inquiry into State Capture Report revealed that boards and senior executives were installed to systematically to collapse governance in Eskom, SAA, Transnet, Denel and Alexkor. According to the Report, Board members and senior executives worked tirelessly to benefit the architects of state capture "by providing long term contracts, increasing scope and budget while completely flouting public procurement prescripts". The report published by the Commission indicates that "The evidence heard by the Commission revealed quite clearly that part of the reason why some of the state-owned companies have performed as badly as they have and why some rely on Government bail outs year in year out is the calibre of some of the people who are appointed as members of the Boards of these companies or who are their Chief Executive Officers and Chief Financial Officers". The report unequivocally indicates that good governance was systematically and deliberately collapsed to enable the illegal diversion of resources from SOEs, which affected their financial and operational sustainability. The department and SOEs are working tirelessly to undo the impact of state capture by improving performance and the quality of service, some of which may take years to see the fruits thereof.
It should therefore be noted that the factors that affect the ability of State-Owned Companies (SOC) with the Department of Public Enterprises (DPE) to submit audited Annual Financial Statements (AFS) within the stipulated time are not as a result of decline in quality of service and their performance, but usually beyond the control of either the SOC or DPE. The main driver is going concern which requires funding. Therefore, SOC experiencing liquidity challenges have to develop mitigating factors and demonstrate sources of funding to ensure that they will be able to operate as a going concern over a period of twelve months.
The following have been the circumstances for specific SOCs with plans to remedy the situation:
1. SAA
The airline could not complete the AFS on a going concern basis for the 2017/18 financial year. This resulted in the airline being placed under business rescue from 6 December 2019 to 30 April 2021. The 2017/18 AFS were completed after the entity exited the business rescue. The Auditor-General is currently auditing the 2018/19 to 2021/22 AFS.
2. Denel
Denel continues to face liquidity challenges, which has resulted in the 2020/21 and 2021/22 AFS audits not being finalised. However, Denel has been allocated R3.4 billion to implement its turnaround plan. It has also commenced on disposing off non-core assets. This has enabled it to develop plans to conclude the outstanding audits over the 2022/23 and 2023/24 financial years.
3. Eskom
Eskom experienced delays in publishing the Group's 2022 Annual Financial Statements (AFS) due to the delay in the appointment of the new external auditor. The entity anticipates publishing the AFS not later than 31 December 2022 once the audit is completed.
4. Alexkor
The AGM relating to the 2020/21 financial year was only held in May 2022. As a result, there was a delay in appointing external auditors to audit Annual Financial Statement for the year ended 31 March 2022.
Remarks: Reply: Approved / Not Approved
Jacky Molisane PJ. Gordhan, MP
Buthelezi, Mr EM to ask the Minister of Public Enterprises pu
With regard to the financial constraints and the operational limitations of Transnet, what sustainable measures will his department implement to commit to the pay increase granted to Transnet's employees?
According to the information received from Transnet
The salary increases will be funded through a combination of cost control measures, improvement of operational performance and the rebasing of tariffs in line with tariff methodology or customer contracts which allow for salary increases as pass-through costs.
Cost control measures have been implemented across the business to preserve cash without limiting expenditure in critical areas of the business.
Improvement in operational performance will be supported by the initiatives that are strategically driven to unlock the current binding constraints i.e., locomotives availability, theft, and vandalism challenges as well as the focus on infrastructure maintenance backlog.
Jacky Molisane P J Gordhan, MP
Acting Director-General Minister of Public Enterprises
Clarke, Ms M to ask the Minister of Health
(1)Regarding the tragic death of 15-year-old Zenizole Vena in Motherwell in Gqeberha (details furnished), what is the normal and/or standard procedure to be followed at a (a) public health facility and/or (b) police station when assisting a rape victim; (2) whether the standard procedures were followed in the specified person's case; if not, why not; if so, what are the relevant details; (3) whether he has launched an investigation into the case; if not, why not; if so, what are the relevant details?
The National Department of Health is still consulting with the Eastern Cape Provincial Department of Health to gather all the information required to respond to this Question. The full response will be furnished to the Honourable Member and Parliament as soon as all details have been received from the Province.
Malatsi, Mr MS to ask the Minister of Higher Education, Science and Innovation
a) What is the total number of staff employed and/or provided as departmental support in the office of the Minister?
The office of the Minister has 14 employees as of 1 November 2022. Of the 14 employed staff, 1 employee (Chief of Staff) is a secondment from the Department of Higher Education and Training (DHET).
(ii) What is the total number of staff employed and/or provided as departmental support in the office of the Deputy Minister?
The office of the Deputy Minister has 10 employees as of 1 November 2022. Of the 10 employed staff, 1 employee (Director: Technical Specialist) is held additional to the departmental establishment.
(b) (i) job title and (ii) annual remuneration package of each specified person in the office of the Minister:
Names and Surname
Ms Mokgadi Tena
Chief of Staff (secondment)
Ms Nomfundo Seoka
Ms Siphokazi Shoba
Mr Ishmael Mnisi
Ms Esther Rammutla
Mr Babulele Bingwa
Ms Kalipa Dazela
Community Outreach, Media, and Digital Officer
Ms Silindile Mncwabe
Assistant Private Secretary
Ms Thembi Mdepa
Assistant Administrative Officer
Ms Zanele Mavimbela
Mr Mpho Masalesa
Mr Karabo Lephothe
Messenger/Driver
Ms Thandiwe Masondo
Ms Eunice Ntombela
b) (i) job title and (ii) annual remuneration package of each specified person in the office of the Deputy Minister:
Mr Bayanda Mzoneli
R1 495 641,00
Ms Florence Masebe
Director: Technical Specialist
Ms Motshedisi Letuka
Private Secretary to the DM
Mr Steve Mamphekgo
Parliamentary Officer
Mr Mandla Tshabalala
Mr Thulani Mayisela
Senior Registry Clerk
Ms Keabaitse Mashaba
Mr Stephens Mahlangu
Ms Manqoba Dube
Household Aid
Ms Phumza Dlangamandla
Boshoff, Dr WJ to ask the Minister of Public Enterprises
What are the relevant details of (a) the total number of hours that the hydroelectric power plants at the (i) Gariep Dam and (ii) Vanderkloof Dam have been running during the period 1 January 2021 up to the latest specified date for which information is available and (b) how much electricity has been generated during the specified period at each of the specified plants?
See the table below for the requested information.
Period: 1 January 2021 to 20 November 2022
a) Operating hours
(b) Electricity generated (GWh)
(a)(i) Gariep
24 724.7
(a)(ii) Vanderkloof
What are the reasons that (a)(i) Engen and (ii) Sapref are issued a licence to import fuels when they are no longer manufacturing and/or refining and (b) the Government on its own capacity cannot take over?
a) In terms of guidelines governing the import and export of crude oil, petroleum products and blending components every licensed manufacturer and wholesalers are allowed to import and export petroleum products.
South Africa is a net importer of petroleum product, meaning that even when these refineries were operating, they were expected to import certain portion of petroleum product.
b) There is nothing stopping state owned companies from importing petroleum products.
Essack, Mr F to ask the Minister of Public Enterprises
With most renewable energy projects that are currently under development across the Republic located far from Eskom's major transmission network, what (a) steps has Eskom taken to ensure that it will have the requisite transmission infrastructure in place when renewable energy projects start generating power and (b) is the current state of Eskom's transmission expansion projects to date?
a) The Transmission Development Plan (TDP 2022) identified the new infrastructure required to implement the Integrated Resource Plan (IRP) 2019 and Eskom's 2035 Corporate Strategy. However, it takes time to establish new transmission infrastructure (especially the building of long lines and substations), mainly due to servitude acquisitions and constructability challenges. Eskom is aware of these challenges and is making every effort to expedite the build programme by engaging key government and private stakeholders.
In the interim, Transmission has taken the following steps to assist Independent Power Producers (IPPs) and expedite the TDP implementation programme:
1. The Grid Connection Capacity Assessment (GCAC 2024) document on Eskom's website provides an indication of available network capacity elsewhere on the system that could be considered for integration of renewable energy (RE) projects.
While network capacity may be limited/restricted in the broader Cape areas, there is available capacity inland, for example, Free State, North-West, Mpumalanga, and Limpopo provinces, that can be considered for the integration of future RE IPPs.
2. Transmission is currently taking measures to "fast-track" projects across the network, especially in areas with interest and potential to integrate RE resources. These include the following:
2.1 A Programme Management Office (PMO) has been established that tracks, monitors, and reports on the deliverables from the various work streams.
a) There is positive movement in the engagements with DPE/DPWI to address servitude challenges by implementing expropriation with compensation at market value. Steps are in place to expedite the process going forward.
b) Engagements with the dtic/NT to address opportunities for localisation and in cases of challenges with the local manufacturing and industry capacity, for example, for large transformers, exemptions are being considered to source from international suppliers.
c) Engagements with industry associations, for example, The Powerline Association of South Africa (POLASA) and the Steel Manufacturers Association (SMA), to increase preparation capacity to meet the TDP build requirements,
d) The majority of the capital expenditure for the first five years of the TDP was secured from Corporate Finance
e) Supplier engagement forums were held with industry participants to share the transmission build programme.
2.2 The TDP prioritised list of projects has been escalated to the PICC and SIP10 as critical infrastructure requirements for the country.
2.3 Ongoing and close working relationships with the DFFE to expedite the Environmental Impact Assessments (EIA) processes.
2.4 Ongoing discussions with DMRE/IPPO on the transmission network requirements to meet the RE procurement programmes.
2.5 Transmission is represented on the Electricity Crisis Committee (Natjoints Stream1) that was recently established to address Transmission grid strengthening challenges.
2.6 Finalising the Owner's Engineer (OE) and EPC (turnkey) strategy to leverage our in-house capability to expedite the TDP roll-out programme.
(b) Eskom is placing a strong focus on the implementation of projects over the next five years. The analysis carried out reflects a requirement of approximately 2 890 km of extra high voltage lines and 60 transformers, requiring a capital investment of approximately R51 billion by FY2027. This requires that some challenges beyond Eskom's full control, such as the lead time to obtain servitudes, among other relevant authorisations, and the country's resource capacity be urgently addressed.
As at the end of October 2022, the total portfolio of Transmission's expansion projects equated to 224 and is summarised as follows:
There are 45 projects in the execution phase that are under construction.
There are 56 projects in the definition phase that are finalising servitude acquisitions and detail engineering designs before achieving execution release approval.
There are 123 projects in the pre- and concept phases, that are projects in the early stages of development requiring EIA and conceptual level designs.
Hicklin, Ms MB to ask the Minister of Public Enterprises
What (a) are the reasons that Eskom refuses to replace the transformers in informal areas in Ward 78, Ivory Park, notably in Extension 5 through to 13, and (b) of (i) households are affected by the transformers in Ward 78 and (ii) legally connected paying customers have been inconvenienced by the disconnection of power by both Eskom and City Power that has hampered service delivery?
a) Eskom is experiencing a very high number of incidents of illegal connections, meter bypassing and tampering, unauthorised operations on the network, infrastructure vandalism and theft, and the non-payment and non-purchasing of electricity tokens. This number is constantly on the rise. Over the years, Eskom repeatedly replaced and repaired failed equipment without holding customers accountable, even when the failure was because of illegal electricity activities. Eskom has since implemented stringent control measures, as it is financially unsustainable for Eskom to replace this equipment continuously, especially without any return on investment. The debt levels, however, continue to grow, and the operational costs, on the other hand, also keep accelerating exponentially, while the business takes further financial strain as Eskom has to keep repairing, refurbishing, or replacing infrastructure that breaks or is frequently vandalised. Eskom has also reinstated the Deferred Payment Arrangement (DPA) to accommodate customers who cannot immediately settle the R6 052,60 remedial fee for tampering with Eskom infrastructure, to allow those customers to pay the balance over a maximum period of six months.
Sixty per cent of customers who have been issued with remedial charge sheets must have made the upfront payment of R500 before supply can be restored. The 60% threshold is aimed at ensuring that most customers honour the payment to avoid repeated equipment failure.
It should also be noted that in Ivory Park there are a number of customers have illegally connected transformers to the Eskom network and are refusing Eskom entry into the area to remove these illegally connected transformers. Out of 158 failed transformers, Eskom has replaced 107 and is in the process of replacing the remaining 51. With that said, Eskom is not refusing to replace the failed transformers in Ivory Park, but merely following the equipment replacement process it has implemented for the reasons mentioned above.
(b)(i) The Eskom network is not configured according to wards. Therefore, Eskom is unable to provide the customer base according to wards. However, Eskom has a total of 24 446 customers in Ivory Park, of whom 12 001 are zero buyers (prepaid customers). This means that 49% of customers in Ivory Park are not buying electricity from registered electricity vendors.
(b)(ii)The frequent equipment failures unfortunately inconvenience law-abiding and paying customers of electricity in these areas, while costing Eskom billions of rands in damaged infrastructure and lost sales. Furthermore, to try and protect the customers who are paying for electricity, Eskom has tightened its existing measures, such as audits, maintenance, education and awareness campaigns, to avert failures that lead to unplanned and extended outages and also to influence and change the culture of non-payment and non-purchasing of electricity tokens.
Over and above trying to prevent inconveniencing paying customers, these control measures are also aimed at combating illegal connections, meter bypassing and tampering operations on the Eskom network, infrastructure theft and vandalism and other electricity-related crimes.
Tito, Ms LF to ask the Minister of Agriculture, Land Reform and Rural Development
Noting how communal property associations are not regulated to an extent that they abuse the elderly beneficiaries out from an otherwise well-meaning restitution programme, what measures has she taken to extend the powers of her department, so as to deal with the office bearers of communal property associations who fleece the beneficiaries?
Section 11 of the Communal Property Association Act 28 of 1996 provides for:
"An association or provisional association registered under this Act shall, at the prescribed times, furnish prescribed documents and information to the Director-General in order to enable him or her to monitor compliance with the provisions of the relevant constitution and this Act".
The Director-General may undertake an inspection of the affairs of an association or provisional association. The Director General may; for the purposes of this 'section-
inspect and remove for copying any records, reports and other documents relating to the affairs of an association or provisional association; and
subpoena persons who may have relevant information or documentation in respect of the affairs of an association or provisional association to appear before him or her to provide information or documentation in relation to the affairs of the association or provisional association, if the attendance of such persons cannot reasonably be procured otherwise."
Kruger, Mr HC to ask the Minister of Small Business Development
Whether her department has signed memoranda of understanding and/or transversal agreements with any other departments; if not, what is the position in this regard; if so, what are the relevant details?"
The Department of Small Business Development (DSBD) has signed Memoranda of Understanding (MoU's) and/or transversal agreements with several departments and various agencies. The following table provides the details of the agreements signed with departments:
Detail of the agreement
DSBD and the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs (KZN EDTEA)
The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that red tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired social outcomes.
1. DSBD work in a clear and disciplined relationship on Red Tape Reduction/Ease of doing Business between the DSBD and the KwaZulu-Natal Provincial Departments.
2. DSBD has developed a province specific Programmes of Action, addressing Capacity Building and other mechanisms, over a three-year cycle to provide this disciplined relations and collaborative action to reduce Red Tape and unleash the potential small businesses in this province.
3. The Programme of Action developed for the province is aligned with government's "One Plan" district and metro model and finds expression in both the DSBD's as well as the provincial partners' Annual Performance Plans (APPs). This integrated planning, standardisation and alignment of indicators involves all relevant provincial and local government officials, including Provincial COGTA, in its execution.
4. This is a journey that provinces cannot take alone, EDTEA, COGTA, SALGA, OTP are integral partners to the process.
5. A separate TOR for the relationship governing the collaboration between Provincial EDTEA, COGTA, SALGA, OTP and in some instances also Provincial Treasuries are also required internally.
Geographical reach: Kwa-Zulu Natal province.
Limpopo Department of Economic Development, Environment and Tourism (LEDET)
The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that red tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer, effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired social outcomes.
Geographical reach: Limpopo Province.
Northern Cape Department of Economic Development and Tourism (NCDEDT)
The Parties undertake to collaborate in the area of Red Tape Reduction with the general understanding that Red Tape is defined as rules and regulations, administrative and management procedures and systems, which are not, or are no longer, effective in achieving their intended objectives, and which therefore produce sub-optimal and undesired socio-economic outcomes hampering investment and transformation of local economies.
Geographical reach: Northern Cape
Eastern Cape Rural Development Agency (ECRDA)
Areas of collaboration
Assistance with market access, especially the integration of SMMEs and co-operatives to private sector value chains
Access with bulk buying in order to build the capacity of informal businesses to become competitive
Provision of Business Development Services to SMMEs and co-operatives
Cannabis development: the idea is to kickstart a Rapid Industrialisation of Cannabis, set up a Cannabis Incubator as well as stakeholder engagements operating in this industry.
Magwa-Majola Development Corridor: a need to develop SMMEs and co-operatives to participate in the Magwa Majola Agricultural Corridor.
Wild Coast Coastal Belt offers immense opportunities for the coastal communities.
Renewable Energy: there is a role for SMMEs and co-operatives to venture into this area: Forestry development, livestock development, agro-processing and provision of financial support in line with guidelines
Geographic reach: Eastern Cape province.
Department of Forestry, Fisheries and Environment
Areas of collaboration:
Facilitate participation of SMMEs and Co-operatives within business value chains, especially those owned by women, youth and persons with disabilities within the following areas:
• Biodiversity Economy - wildlife, bioprospecting / biotrade, and ecotourism sectors,
• Chemicals and Waste Economy — Recycling Enterprise Support Programme (RESP); Refrigeration and air-conditioners (RAC) Programme;
• Green Economy (Climate Change & Air Quality);
• Forestry Masterplan;
• Fisheries Management (small scale fisheries and aquaculture as a sub sector of the Oceans Economy);
• Invasive Alien Plant and bush encroachment Biomass Economy (Environmental Programmes); and
• Environmental Protection and Infrastructure sector (Environmental Programmes).
• In line with the joint work plan, the two parties agreed to provide capacity building, skills development, production support, incubation, enterprise development, mentorship and training of SMMEs and Co-operatives sharing and securing resources (financial and non-financial resources), both parties further agreed to implement programmes nationally.
Geographical reach: National level.
Department of Cooperative Governance (DCoG)
This MOU formalises the intentions of both parties to work together in strengthening democratic and developmental local government, as well as promoting more effective, efficient and responsive local governance in South Africa and within Southern Africa, as determined by the Parties.
The Parties undertake to cooperate with each other in the following broad areas:
• Implementing the Cooperatives Support Development Programme through both DSBD and its agencies and further facilitate the establishment of sustainable cooperatives within viable economic conditions.
• Position cooperatives for radical economic transformation to facilitate active participation of cooperatives in mainstream economy; and facilitate access to funding and markets to identified cooperatives.
• Adequately invest on Local Economic Development at provincial and municipal levels to facilitate inclusion of Cooperatives Development Programmes in IDP's, LED strategies and support at those levels; Central to this approach includes interventions like Assert Based Community Development, the NDP, Land reform policies, Integrated Develop Plans of municipalities; as well as the alignment of programmes and budgets of a number of various projects and spheres of government coordinated at Local Government level; Implement capacity enhancement and development programmes targeting LED Practitioners and Portfolio Committees in order to adequately support.
Geographic reach: MoU is pitched at National level but will be implemented both provincial and local levels piloting the arrangement in KZN.
Eastern Cape Province Department of Economic Development, Environmental Affairs and Tourism (DEDEAT)
The two departments undertake to collaborate in the areas of Red Tape Reduction with regard to small business cooperative development with focus on providing support to implementation of remedial actions to reduce time and costs of existing procedures and processes making them less complex and more cost and time efficient.
The agreement will also cover the following:
• Informal Economy interventions
• Cooperative development
• Sector specific interventions
• Innovation and digitization and
• Co-funding of projects
Geographic reach: The agreement will be implemented at a provincial level to support local initiatives within the jurisdiction of the Eastern Cape.
Department of Economic Development – Western Cape
The MoU integrates the work of Seda that was part of the initial arrangement with the Western Cape
Department of Agriculture, Land Reform and Rural Development
Effective implementation of the Ecosystem Development for Small Enterprises (EDSE) Programme
STELLA NDABENI-ABRAHAMS
MINISTER: DEPARTMENT OF SMALL BUSINESS DEVELOPMENT
Zondo, Mr S S to ask the Minister of Public Works and Infrastructure
(1)Whether, in light of the fact that her department handed over 12 buildings between December 2019 and March 2020 to the Provincial Departments of Social Development of Gauteng and the Western Cape for use as shelters for gender-based violence victims, and in view of reports that her department has spent R1 960 411,84 to date on building and garden renovations for the six buildings in Gauteng while the buildings remain closed and unoccupied, she will furnish Mr S S Zondo with the details and/or an update on the occupation of the shelters by the Gauteng Department of Social Development; if not, what is the position in this regard; if so, what are the relevant details; (2) whether her department plans to retrieve some of the funds spent on the shelter whilst it remained unoccupied by the Gauteng Department of Social Development; if not, why not; if so, what are the further, relevant details?
The Minister of Public Works and Infrastructure:
1. I have been informed that the Department of Public Works and Infrastructure (DPWI), the respective Provincial Departments of Social Development (DSD), and their respective Infrastructure Departments; after having engaged extensively, have agreed that the method of disposal of these shelters will be that of Donation. In the meantime, all parties have resolved that User Agreements will be signed. The signing of the User Agreements will enable DSD to occupy the aforementioned properties. The Agreements have been prepared and are being signed by the various parties.
2. DPWI is mandated to ensure that its assets are safeguarded and kept in good condition at all times. Furthermore, DPWI intends to provide the properties in a habitable state and ready for DSD to use by victims of gender-based violence and femicide.
DPWI will not be recovering any funds from DSD, due to the fact that the delay in occupation is not due to any of the Departments' doing, but rather the fact that the three departments needed to finalize the governance structure of how the properties will be managed. It has now been agreed that the properties will be donated to the user departments and that User Agreements will be signed in the meantime as a governance structure to allow DSD to use the properties.
Matiase, Mr NS to ask the Minister of Agriculture, Land Reform and Rural Development
What is the total number of women who have benefited from land reform programmes in each (a) province and (b) of the past three financial years?
(a), (b) The Department of Agriculture, Land Reform and Rural Development (DALRRD) in line with the Beneficiary Selection and Land Allocation Policy, allocated farms to 80 women amounting to 76 536 hectares in each province for the past three financial years. 10 052 female headed households benefited through the Restitution programme. Details for allocation per province are outlined in the tables below:
Redistribution:
Hectares allocated to Females
Number of Females Allocated the Land
Restitution:
Female Headed Households
How has the African Continental Free Trade Area been used by her department as a policy instrument to gain markets for the Republic's agricultural products?
The Department has been part of the development and adoption of the agreed upon Africa Continental Free Trade Area (AfCFTA), and the Sanitary and Phytosanitary (SPS) Policy Framework. The Department will, therefore, consistently apply this to gain markets through the harmonised standards that align the African SPS system with international science-based standards, border processes, sharing of information and technical capacity building.
This Policy Framework is guided by the World Trade Organisation SPS Agreement and International Standards Setting Organisation (Codex Alimentarius Commission (Codex), International Plant Protection Convention (IPPC), International Office of Epizootics (OIE). Therefore, South African agricultural products will gain markets through the harmonised standards and the specific protocols that would be negotiated at a bilateral level.
The AfCFTA market access pillar has been concluded with only a few outstanding technical issues, particularly the finalization of tariff offers, rules of origin and customs-related matters. At a policy level, the Department will domesticate the relevant legal policy instrument to facilitate the effective implementation of the Agreement. The AfCFTA Sanitary and Phytosanitary Annex will be incorporated into the DALRRD's policy to process trade under the AfCFTA Agreement. This will help to ensure smooth access to the African market while ensuring that good quality standards in respect of food, plant & animal health are maintained. The Department will further embark upon trade promotion programmes to ensure detailed awareness and knowledge of the AfCFTA agreement and its market access requirements.
Through an Interdepartmental forum including the South African Revenue Services and the Department of Trade, Industry and Competition (SARS and the dtic), the Department will also work to ensure that member countries respect and comply with the agreed rules of trade. Where implementation challenges arise, the Department, through this forum, will work to resolve them using the agreed legal instruments such as the Dispute Settlement Mechanism in the agreement.
Siwisa, Ms AM to ask the Minister of Public Works and Infrastructure
(1)With reference to the recent handing over of buildings for shelters of gender-based violence and femicide victims in Gauteng and the Western Cape, in which municipalities are the shelters found; (2) whether she has found that the shelters are safe with no possibilities of perpetrators gaining access to the premises and putting the lives of victims in danger; if not, what is the position in this regard; if so, what are the relevant details?
1. I have been informed that the shelters are in the following Municipalities:
Western Cape:
Albertinia Municipality
Bergrivier Municipality
Laingsburg Municipality
Swartland Municipality
Gauteng:
City of Johannesburg
City of Tshwane
2. The houses are currently safe as they are guarded by the Department of Public Works and Infrastructure. Once the houses/ shelters are handed over to the client, safeguarding of such assets becomes the responsibility of the User/ client department, Department of Social Development.
Masipa, Mr NP to ask the Minister of Agriculture, Land Reform and Rural Development
What is the extent of land owned by (a) her department and (b) entities reporting to her that (i) has exclusive rights and (ii) lease from the other state departments to (aa) use and (bb) occupy the land?
a) The extent of land owned by the Department of agriculture Land Reform and Rural Development (DALRRD) is 17 293 976 hectares.
b) The entity reporting to the Department of agriculture Land Reform and Rural Development (DALRRD) in terms of the PFMA listing is the KwaZulu-Natal Ingonyama Trust Board, which owns no land, since the land vests in the Ingonyama as Trustee of Ingonyama Trust however, the Agricultural Research Council (ARC) owns 14 739.65064 hectares, while Onderstepoort Biological Products (OBP) has approximately 43 hectares.
(i), (ii)(aa)(bb) Falls Away.
Graham, Ms SJ to ask the Minister of Public Works and Infrastructure
(1)What total number of generators were bought for official Ministerial homes; (2) whether each house was equipped with a generator; if not, what are the relevant details of how the generators were allocated to each (a) Minister and/or (b) Deputy Minister who benefited from the specified purchase; if so, what are the relevant details of which (a) Minister and/or (b) Deputy Minister derived this benefit; (3) whether any new generators have been purchased and/or installed since 1 July 2022; if not, why not; if so, what (a) are the relevant details and (b) total amount has been spent on diesel to run the generators since 1 July 2022?
1. I have been informed that the total number of generators that were replaced due to redundancy for official Ministerial residences is 13.
2. Not all houses were equipped with generators:
a) The generators were replaced due to redundancy and was also too costly to maintain.
b) The generators were replaced due to redundancy and was also too costly to maintain.
3.a) 1 (one) generator has been procured and was installed on the 09 November 2022, and 3 (three) are still in the procurement stage.
b) The total amount of diesel spent is R784 135.00
Hicklin, Ms MB to ask the Minister of Public Works and Infrastructure
Whether the Expanded Public Works Programme has recorded any cases of sexual harassment against participants in the past five years; if not, what is the position in this regard; if so, what (a) are the relevant details and (b) actions have been taken against the perpetrators?
The Minister of Public Works and Infrastructure
a) I have been informed that from the records and to the best of our knowledge, in the last five years, the Department of Public Works and Infrastructure is aware of one case of alleged sexual harassment against some of its participants.
The case was reported in August 2018 and involved female participants who were part of the Thaba Tshwane project that was implemented by the Department of Public Works and Infrastructure.
It was alleged that the participants were being harassed by employees of the contractor on site.
No other cases of have been reported to the Department of Public Works and Infrastructure from programme implementers.
It is expected that any cases of sexual harassment should be dealt with in terms of existing laws by the project implementers.
b) In the instance of the reported case, a letter was written to the contractor on the project informing them about the allegations in order to ensure that this was dealt with on site in terms of taking action against the perpetrators.
In terms of the existing institutional arrangements for the EPWP, any transgression happening at an implementation level should be dealt with at an operational levels by public bodies implementing EPWP Projects.
It should be noted that the rights against sexual harassment in the workplace are set out in the Labour Relations Act and Employment Equity Act. A Code of Good Practice on the Handling of Sexual Harassment Cases has been issued by the Department of Employment and Labour. In this Code, employers are encouraged to develop and implement policies on sexual harassment.
Joseph, Mr D to ask the Minister of Public Works and Infrastructure
(1)Whether the Department of Forestry, Fisheries and the Environment signed a new lease agreement for the property called Knoflokskraal in the Western Cape; if not, what are the future plans regarding the specified property; if so, what is the term of the lease; (2) what plans are in place to manage the Khoisan people affected by the interdict?
(1) I have been informed that the Department of Forestry, Fisheries and the Environment did not enter a new Lease Agreement in respect of the property.
(2) A task team, consisting of National, Provincial and Local Government, established in August 2022, has had several meetings to discuss the future of the land.
Ceza, Mr K to ask the Minister of Agriculture, Land Reform and Rural Development
What measures of intervention has she taken with regard to managing the dispute that emanated from claims of the Qwabe clan lands by the Cele clan in Mthandeni to guard against possible spilling of blood in that area?
The Cele Community lodged a land claim with the Commission on Restitution of Land Rights during the first window period to lodge land claims and the said claim was settled by the Commission in 2013 through land restoration. The land that has been restored to the Cele Community is as follows:
Ptn 7 of the Farm Lucasdale No 15690
Farm Glendale C No 16996
O6 August 2010
Remainder of the Farm Langespruit No 1180
Remainder of Ptn 1 of the Farm Waterbosch No 1276
Portion 29 of the Farm Waterbosch No 1276
Remainder of the Farm Mount Albert No 3175
Portion 2 of the Farm Mount Albert No 3175
Portion 1 of the Farm Lot H No 3637
5414SQM
Remainder of the Farm Taurus No 3841
Portion 5 of the Farm Taurus No 3841
Portion 9 of the Farm Hlangwini No 3868
Portion 15 of the Farm Hlangwini No 3868
Remainder of the Farm Rankin No 6543
Portion 10 of the Farm Hlangwini 3868
Remainder of Ptn 1 of the Farm Badulsdale No 13004
Portion 26 of the Farm Badulsdale No 13004
Portion 6 of the Farm Badulsdale No 13004
Portion 5 of the Farm ramsdale No 14536
Portion 11 of the Farm Langesboskop 15375
Portion 26 of the Farm Langesboskop No 15375
The Farm Glendale E No 17136
The Farm Glendale F No 17137
Remainder of Portion 16 of the Farm Waterbosch No 1276
04 Noember 2010
Portion 4 of the Farm Waterbosch No 3772
Portion 5 of the Farm Linden No 3772
Remainder of Portion 2 of the Farm Hlangwini No 3868
Portion 1 of the Farm Rankin No 6543
Rem of the Farm Badulsdale No 13004
Rem of Portion 16 of the Farm Badulsdale No 13004
Portion 1 of the Farm Kundale No 14535
514..8282
Portion 4 of the Farm Lucasdale No 15690
Similarly, the Qwabe Community lodged their land claim during the first window period of lodging land claims, but this claim has not yet been settled by the Commission. The properties that are the subject of the Qwabe land claim are as follows:
Glen Aryil
Lalucia
La Mercy
Doornkloof
Hlangwini
Badulsdale
Hlanzane
Licksdale
A comparative analysis of the properties that have been restored to Cele Community versus those that have been claimed by the Qwabe Community will reveal that there is no competition between the properties claimed by either of the two communities.
Finally, it is important to note that the restitution process deals with the restoration of land rights to individuals or communities who were dispossessed of their land rights after 19 June 1913, but does not extend to settling disputes regarding traditional boundaries of communities, which is what the dispute between the Qwabe Community and Cele Community may be about. The dispute about the jurisdictional boundaries must be referred to COGTA for resolution.