Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698139983764.pdf (South Africa)
Tuesday, 6 September 2022] No 132—2022] FOURTH SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ TUESDAY, 6 SEPTEMBER 2022 _____________________ TABLE OF CONTENTS ANNOUNCEMENTS National Assembly and National Council of Provinces 1.

Classification of Bills by JTM .......................................................................................... 2 COMMITTEE REPORTS National Assembly 1.
Basic Education ................................................................................................................ 3 2.

Women, Youth and persons with Disabilities ................................................................ 30 3.

Women, Youth and persons with Disabilities ................................................................ 48 4.

Women, Youth and persons with Disabilities ................................................................ 50 5.
Women, Youth and persons with Disabilities ................................................................ 69 6.

Women, Youth and persons with Disabilities .............................................................. 118 National Council of Provinces 1 1.

2.
2.

Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements……………………………………………………124 Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements……………………………………………………133 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1.
Classification of Bills by Joint Tagging Mechanism (JTM) (1) The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill: (a) Drugs and Drug Trafficking Amendment Bill [B19-2022] (National Assembly – sec 75).

(2) The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill: (a) General Laws (Anti-Money Laundering and Combating Terrosrism) Amendment Bill [B18-2022] (National Assembly – sec 75).

COMMITTEE REPORTS National Assembly 2 1.


Report of the Portfolio Committee on Basic Education for the Fourth Quarterly Report on the Performance of the Department of Basic Education in Meeting its Strategic Objectives for 2021/22, dated, 06 September 2022 The Portfolio Committee on Basic Education, having considered the Fourth Quarterly Report on the performance of the Department of Basic Education (DBE) in meeting its strategic objectives for 2021/22, reports as follows: 1.
Introduction The Portfolio Committee on Basic Education considered the Fourth Quarterly Report on the performance of the Department of Basic Education (DBE) in meeting its strategic objectives for 2021/22 on 14 June 2022.

Consideration of quarterly reports by committees is one of the established tools to fulfill Parliament’s oversight and accountability mandates in terms of the Constitution and under rules established by the two Houses.
Quarterly reports are critical for in- year monitoring since they provide information on the performance of the executive against pre- determined objectives set in the annual performance plans.

This report gives an overview of the presentations made by the Department, focusing mainly on its achievements, output in respect of the performance indicators and targets set for 2021/22 and its financial performance.
The report also provides the Committee’s key deliberations and recommendations relating to the Department’s performance.

2.

Performance Indicators and Targets 2.1 Major Highlights – The Basic Education Minister, Mrs AM Motshekga, MP announced the 2021 National Senior Certificate (NSC) examination results on 20 January 2022 that 76,4% of candidates attained the NSC.

There was a 0,2% improvement in the overall performance for the Class of 2021 compared to that of 2020 which was at 76.2%.
The Minister presented the opening address during the 2022 Basic Education Sector Lekgotla held at Emperors Palace in Kempton Park, Gauteng from 26-28 January 2022.

The seventh annual Lekgotla was hosted in the form of a hybrid event, with over 250 delegates participating physically and 3000 virtual 1 3 participants attending the daily sessions.

The theme for 2022 was: “Equipping Learners with Knowledge and Skills for a Changing World in the Context of COVID-19”.
The Minister handed over the Virtual Classroom Distance Learning Solution, aimed at maximising access to digital education content for learners in rural and urban areas alike.

This is part of the COVID- 19 Disaster Regulations imposed by the Independent Communications Authority of South Africa (ICASA) to support online learning and ease congestion on the country’s telecommunication network.
The Minister was pleased that the private sector is consistently lending a helping hand to Government in addressing school infrastructure backlogs in South Africa.

The Minister handed over the newly rebuilt Rearata Primary School to the Vergenoeg community near Kuruman in the Northern Cape as part of the Public Private Partnership to Education on 11 March 2022.

The school was rebuilt by South32 Hotazel Manganese Mines through its company’s Social and Labour Plan (SLP) as espoused in the Mining Charter.
The Deputy Minister, Dr MR Mhaule, MP, accompanied by the Eastern Cape Education Member of the Executive Council (MEC), Mr Fundile Gade, undertook an oversight visit to several schools in the Chris Hani West Education District to assess the state of school readiness for the 2022 academic calendar.
During the interactive sessions with School Management Teams (SMTs) at Mbekweni Secondary and John Noah High Schools in Queenstown, it was confirmed that Learning and Teaching Support Material (LTSM) was delivered on time, which made it possible for learning and teaching to commence on the first day of the school reopening.

The Deputy Minister launched a Multi- Sectoral School Safety Initiative at Tshepana Primary School in Orange Farm, Gauteng.
The campaign was launched under the theme, “School Safety – Violence, and Bullying Prevention Initiative”.

The Director-General of the Department of Basic Education, Mr HM Mweli, on 11 February 2022, commenced with the first leg of annual engagements with provincial and district officials, as well as school principals, for the 2022 Academic Year.

The Director-General visited 84 centres in 8 Provinces to monitor the Autumn classes on 21-31 March 2022 and Weekend classes in Eastern Cape, Free State.
KwaZulu Natal and North West.

The DBE welcomed the decision by Cabinet to allow schools to return to full-time learning in all schools and to normal time-tabling as from 07 February 2022.

The Department of Basic Education (DBE) and the United States Agency for International Development (USAID) made inroads in addressing Early Unintended Pregnancy (EUP) and Gender-Based Violence (GBV) amongst South African 2 4 youth.
The Basic Education Ministry, joined by the Deputy Assistant Administrator for USAID in Washington, Ms Maria Price Detherage, officially launched a radio drama series titled, Life on Madlala Street, to strengthen the provision of Comprehensive Sexuality Education (CSE) lessons in schools.

A total of 11 856 Funza Lushaka bursaries were awarded to students for Initial Teacher Education (ITE) by 31 March 2022.
2.2 Programmes of the Department of Basic Education (DBE) - The Annual Performance Plan (APP) summarises the priorities of the Department as aligned to the Delivery Agreement of Outcome 1: Improving the quality of Basic Education and the Action Plan to 2024: Towards the Realisation of Schooling 2030.
The activities of the Department have been structured into five programmes as elaborated in the Annual Performance Plan: • Programme 1: Administration; • Programme 2: Curriculum Policy, Support and Monitoring; • Programme 3: Teachers, Education Human Resources and Institutional Development; • Programme 4: Planning, Information and Assessment; and • Programme 5: Educational Enrichment Services.
2.2 Overview of Achievements for the Fourth Quarters - For the 2021/22 Quarter Four indicators, the Department had a total of 70 indicators for all five programmes combined.

Of these indicators, 58 were annual targets, ten (10) were quarterly targets, one (1) was a bi-annual target and one (1) was a bi-ennial target.

In respect of the quarterly targets - as at the end of the Fourth Quarter the Department had fully achieved 100 percent of all targets (11/11).
2.3 Annual Targets Not Fully Achieved 2.3.1 Indicators Not Achieved: – Programme 2: • 2.1.12 Full scale implementation of the GEC will take place in 2025, pilot is conducted 2021-2024 • 2.3.7 Budget issues, ICASA) imposed obligations on the Mobile Network Operators to provide all the public Special Schools with ICT equipment, assistive devices, as well as connectivity.

– Programme 4: 3 5 • 4.2.6 PIRLS and SEACMEQ reports ae not available due to postponement of studies a year after the scheduled date.
• The PIRLS 2021 study report for South Africa will be released in December 2022 and will constitute the National Report linked to the NAF for 2022/23 financial year.

• 4.3.4 Data collection challenges at Provincial level, (SISCOs) have been deployed in all provinces to monitor and collect monitoring instruments since May 2022.
2.3.2 Indicators partially achieved: - Programme 2: • 2.1.13 Non-submission and incomplete reports from EC and KZN- Escalated to DDGs • Programme 3: 3.1.1 The 4% deviation is attributed to the fact that 2021 was the year of elections.

SGBs were new and could not perform at optimum level-A meeting was convened on 7 June 2022 to streamline the process for target setting.

3.
3.

Performance per Programme against Performance Indicators and Targets 3.1 Programme 1: Administration – The purpose of the programme is to manage the Department and provide strategic administrative support services.

Within this programme there were three Quarterly Targets and two Annual Targets set.
As at the end of the Fourth Quarter, the Department recorded the following: 3.1.1 Quarterly Targets: • Percentage of valid invoices paid within 30 days upon receipt by the Department – The Quarterly Target was set at 100 percent with the output at 99.94 percent (8018 of 8023).

A deviation of -0.06 percent.

The deviation was due to project managers not signing the invoices on time.
• Number of reports on misconduct cases resolved within 90 days – The Quarterly Target was set at one report and the output was achieved with no deviation.

4 6 • Number of Quarterly Performance Reports submitted to National Treasury (NT) and the Department of Planning, Monitoring and Evaluation 30 days after the end of each quarter - The Quarterly Target was set at one Quarterly Report submitted to National Treasury and DPME 30 days after the end of the quarter.

This target was achieved with no deviation.


3.1.2 Annual Targets: • Number of capacity building programmes offered to the DBE officials - The Annual Target was set at 12 programmes offered.

In Quarter Four, five (5) programmes were offered, bring the total to 20 programmes.

The positive deviation was due to the demand of skills development and training in the Department.
• Annual Performance Plan approved by 31 March each financial year - The Annual Target was for the 2022/23 Annual Performance Plan (APP) be approved by March 2022.

In the Fourth Quarter the 2022/23 APP was approved and tabled in Parliament on 11 March 2022.

There was no deviation.
The Department reported on further progress made in the key focus areas in Programme 1 for the Fourth Quarter of 2021/22, which included the following, amongst others: • Staffing Services; • Training and Social Responsibility; • Labour Relations; • Legal and Legislative Services; • • • • Security and Asset Management; Supply Chain Management; Project Management; Financial Management; • Conditional Grants and Donor Grants; • Media Liaison; • • Information Resource Centre; Internal Communication and Publications; 5 7 • Co-ordination and Secretariat Support; • • • International Relations and Multilateral Affairs; Partnerships; Strategic Planning and Reporting; • Research Co-ordination, Monitoring and Evaluation; • Parliamentary and Business Processes; • Government Information Technology Services; • External and Internal Stakeholder Relations; • Intergovernmental and Technical Support; and • Quality Learning and Teaching Campaign (QLTC).
3.2 Programme 2: Curriculum Policy, Support and Monitoring - The purpose of the programme is to develop curriculum and assessment policies and monitor and support their implementation.

Within this programme, there were 32 performance indicators with 30 annual, one quarterly and one bi-annual target.

3.2.1 Quarterly Targets: • Number of Technical schools monitored for implementation of the Curriculum and Assessment Policy Statement (CAPS): The Quarterly Target was set at six (6) schools.
The target of six schools was achieved with no deviation.

3.2.2 Bi-Annual Target: • Number of learners per year obtaining subject passes towards a National Senior Certificate (NSC) or extended Senior Certificate, including upgraded NSC through the SCMP: The bi-annual target was set at 45 000 learners – with a Fourth Quarter target of 25 000.

The Department achieved for the Fourth Quarter a total of 40 303 learners and an Annual achievement of 62 925.

A positive deviation of 15 303 learners.


The positive deviation was because the Programme has intensified and strengthened its learner support activities.

The ongoing engagement of the DBE and PEDs enhanced the understanding of the programme by teachers and officials that resulted in the efficient administration and academic improvement.

In addition, the 6 8 Programme has procured and distributed the ICT equipment to more teachers and learners.
More importantly, the Programme facilitated and funded the additional self-study guides that have been developed and distributed to teachers and learners.

More online study guides were distributed to learners by and through partners that include 700 public libraries, 141 teacher centres and 43 UNISA Centres.

3.2.3 Annual Targets: • Number of Children/Learners with Profound Intellectual Disability (C/LPID) using the Learning Programme for C/LPID: The target for the Fourth Quarter was set at 3 727 learners.
The validated output for the Department stood at 4 230 learners, a positive deviation of 503 learners.

Learners that could not be supported and remained at home due to COVID- 19 restrictions only returned to Special Care Centres (SCCs) following the relaxation of COVID-19 restrictions.

COVID-19 related support was provided to special care centres (SCCs) which ensured that centres were COVID-19 compliant.
• An Annual Sector Report is produced on monitoring of the implementation of the Policy on Screening, Identification, Assessment and Support (SIAS) as a mechanism for early identification and intervention: The target was for an approved Annual Sector Report on monitoring of the implementation of the Policy on SIAS as a mechanism for early identification and intervention.

This target was achieved with no deviations.


• A National Report is produced on the amended legislation to regulate the new ECD landscape: The target was set for an approved National Report on the amended legislation to regulate the new ECD landscape.

The Department reported that an approved National Report on the amended legislation to regulate the new ECD landscape was achieved with one National and nine Provincial Proclamations.
• A National Report is produced on the development of a new funding model for ECD: An approved National Report on the development of a new funding model for ECD was produced with no deviations.

7 9 • A National Report is produced on conducting an Early Childhood Development census to inform the integration of ECD into the EMIS: The Department reported that an approved National Report was produced with no deviations.
• A National Report is produced on developing and operationalise an Early Childhood Development (ECD) Human Resource Development (HRD) Plan: An approved National Report on the development of a new ECD service delivery model and its workforce implications was produced with no deviations.

• Number of districts monitored on implementation of the National Curriculum Statement (NCS) for Grades 10 -12: The Annual Target was set at eight (8) districts monitored.
The Department achieved output for the Fourth Quarter of 15 districts.

The increase (+7) in the number of Districts was caused by the absence or low number of schools offering a particular subject.

For example, low enrolment subjects such as the Arts subjects are not on offer in many schools, and therefore more Districts were added to fulfill the quota of schools to be monitored per session and contribute meaningfully to the improvement of learner performance.
• Number of provinces monitored on extra-support classes to increase the number of learners achieving Bachelor-level passes: The Annual Target was set at nine (9) provinces monitored.

The Department achieved output for the Fourth Quarter of nine (9) provinces with no deviations.

• Number of schools monitored for implementing compulsory entrepreneurship education: The Annual Target was set at 135 school monitored (15 per province).
The Department achieved output for the Fourth Quarter of 135 with no deviations.

• An Annual Sector Report is produced on the implementation of the General Education Certificate (GEC): The Department reported an approved GEC pilot study report developed.

Approved Annual Sector Report is produced on the implementation of the GEC with nine PED reports substantiating the Annual Sector Report.

The GEC programme is underfunded and does not have applicable human resources.
The programme 8 10 was under pressure and put as collaborative partner assisted in the small scale pilot in 2021.

• An Annual Sector Report is produced on schools that are prepared to respectively implement and pilot the Technical Occupational Stream: The Fourth Quarter target was for an approved Annual Sector Report on Ordinary Secondary Schools that pilot the Technical Occupational Stream in 2021/22.

The Department reported approved Annual Sector Report and seven (7) PED Reports.
Eastern Cape and KwaZulu-Natal reports not submitted.

• Number of schools monitored for piloting the Coding and Robotics Curriculum: The Annual Target was set at 18 schools (two per pilot province).

The Department achieved output for the Fourth Quarter of four (40) school – bring the total to 18 schools monitored.

• Number of schools monitored on the implementation of the reading norms: The Annual Target was set at 18 schools.
The Department achieved output for the Fourth Quarter of seven (7) – bringing the total to 18 schools monitored.

• Number of schools monitored on the implementation of the Incremental Introduction to African Languages (IIAL) - The Annual Target was set at 18 schools.

The Department achieved output for the Fourth Quarter of seven (7) schools – bringing the total to 18 schools monitored.
• Number of underperforming schools monitored on the implementation of the Early Grade Reading Assessment (EGRA): The Annual Target was set at 18 underperforming schools.

The Department indicated that in Quarter Two ten (10) schools were monitored and for Quarter Three eight (8) schools were monitored.

The target of 18 schools was achieved.

• Number of schools with Multi-grade classes monitored for implementing the multi-grade toolkit: The Annual Target was set at 32 multi-grade classes monitored.
The Department achieved output for the Fourth Quarter of three (3) classes – bringing the total to 32 multi-grade classes monitored.

• An Annual Sector Report is produced on the implementation of the National Reading Plan: The Annual target was for an approved Annual 9 11 Sector Report on the implementation of the National Reading Plan.

This target was achieved with nine signed PED reports.
• An Annual Sector Report is produced on the number of public schools monitored on the availability of readers: The Annual target was for an approved Annual Sector Report on the number of public schools monitored on the availability of readers.

This target was achieved with nine signed PED reports.

• Number of schools per province monitored for utilisation of Information and Communications Technology (ICT) resources: The Annual Target was set at 27 school (three per province).
The Department achieved output for the Fourth Quarter of two (2) schools monitored, bring the total to 27 schools monitored.

• Percentage of public schools provided with Home Language workbooks for learners in Grades 1 to 6 per year after having placed an order: The Annual Target was set at 100 percent.

The Department indicated that a total of 17 363 of 17 362 (100.01%) for Volume 1 and 17 007 of 17 008 (99.99%) for Volume 2 was achieved.
For Volume 1, during the delivery it was noted that the School (Isizwe-Setjhaba (EMIS 700330860) which is an ELSEN school is requesting for books which increased number of Numerator by one school.

For Volume 2, Elandsvlei POD is not available and Steinthal School is closed.

• Percentage of public schools provided with Mathematics workbooks for learners in Grades 1 to 9 per year, after having placed an order: The Annual Target was set at 100 percent.
The Department indicated that a total of 22 891 of 22 891(100%) for Volume 1 and 22 825 of 22 825 (100%) for Volume 2 was achieved with no deviations.

• Percentage of public schools provided with workbooks for learners in Grades R per year, after having placed an order: The Annual Target was set at 100 percent.

The Department indicated that a total of 16 010 of 16 010 (100%) was achieved with no deviations.
• An Annual Sector Report is produced on the learners provided with Mathematics and English First Additional Language (EFAL) textbooks in Grades 3, 6, 9 and 12: The target was achieved with an approved Annual 10 12 Sector Report on the learners provided with Mathematics and English First Additional Language (EFAL) textbooks in Grades 3, 6, 9 and 12 and 9 signed PED reports.
• The number of schools monitored for home languages in which Literacy Grades 1-3 Lesson Plans have been developed for terms 1-4: The Annual Target was set at 10 schools monitored.

The Department achieved output for the Fourth Quarter of four (4) schools monitored, bring the total to 10 schools monitored.

• Number of special schools with access to electronic devices: The Annual Target was set at 307 special schools.
The Department achieved output for the Fourth Quarter of eight (8) schools, bring the total to 13 special schools.

There was a negative deviation of 294 special schools.

The Department indicated that there was no budget allocated to provide schools with ICT resources.

The sector is fully dependent on assistance from Mobile Network Operators.
(ICASA) imposed obligations on the Mobile Network Operators to provide all the public Special Schools with ICT equipment, assistive devices, as well as connectivity.

A total of 447 public Special Schools are earmarked to benefit from this initiative.

• An Annual Sector Report is produced on the monitoring of procurement and distribution of ICT devices: The target was achieved with an approved Annual Sector Report on the monitoring of procurement and distribution of ICT devices with 9 signed PED reports.
• An Annual Sector Report is produced on the number of teachers trained on inclusion: The target was achieved with an approved Annual Sector Report on the number of teachers trained on inclusion with 9 signed PED reports.

• An Annual Sector Report is produced on the number of learners in public special schools: The target was achieved with an approved Annual Sector Report on the number of learners in public special schools with 9 signed PED reports.
• An Annual Sector Report is produced on the percentage of public special schools serving as resource centres: The target was achieved with 11 13 an approved Annual Sector Report on the percentage of public special schools serving as resource centres with 9 signed PED reports.
• An Annual Sector Report is produced on the establishment of Focus Schools Per Provincial Education Department: The target was achieved with an approved Annual Sector Report on the establishment of Focus Schools per PED with 9 signed PED reports.
The Department reported on further progress made in the key focus areas in Programme 2 for the Fourth Quarter of 2021/22, which included the following, amongst others: • Early Childhood Development; • Enhancement Programmes and Evaluation of School Performance; • Mathematics, Science and Technology, E-Learning and Research; • Rural Education; • Curriculum, Implementation and Quality Improvement (FET and GET); • Inclusive Education; • Reading; and • Second Chance Matric Programme.
3.3 Programme 3: Teachers, Education Human Resources and Institutional Development - The purpose of the programme is to promote quality teaching and institutional performance through the effective supply, development and utilisation of human resources.

Within this programme, there was a total of 12 performance indicators with 10 annual and two quarterly targets.
3.3.1 Quarterly Targets: • Number of quarterly monitoring reports tracking the percentage of Funza Lushaka graduates placed within six months upon confirmation that the bursar has completed studies: The Quarterly Target was set at four (4) reports.

The Department achieved output for the Fourth Quarter of one (1) report with no deviations.
• Number of quarterly monitoring reports indicating the number and percentage of schools where allocated teaching posts are all filled: The Quarterly Target was 12 14 set at four (4) reports.

The Department achieved output for the Fourth Quarter of one (1) report with no deviation.

3.3.2 Annual Targets: • Percentage of School Governing Bodies (SGBs) that meet the minimum criteria in terms of effectiveness: The Annual Target was set at 90 percent of 1 000 sampled schools.
The Department achieved output for the Fourth Quarter of 85 percent with a negative deviation of four percent.

The 4 percent deviation is attributed to the fact that 2021 was the year of elections.

SGBs were new and could not perform at optimum level.

• Percentage of schools producing the minimum set of management documents at a required standard: The Annual Target was set at 100 percent of 1 000 sampled schools.

The Department achieved output for the Fourth Quarter of 100 percent with no deviations.
• Number of Funza Lushaka bursaries awarded to students enrolled for Initial Teacher Education per year: The Annual Target was set at 11 500 bursaries awarded.

The Department achieved output for the Fourth Quarter of 11 856 – a positive deviation of 356.

The positive deviation can be attributed to tuition fees being less than what was projected resulting in more bursaries being awarded.
• An Annual Sector Report is produced on the number of qualified teachers aged 30 and below entering the public service as teachers: The target for an approved Annual Sector Report on the number of qualified teachers aged 30 and below entering the public service as teachers was achieved with 9 signed PED reports – with no deviations.
• A National Report is produced on monitoring the functionality of Provincial Teacher Development Institutes and District Teacher Development Centres: The target for an approved National Report on monitoring the functionality of Provincial Development Institutes and District Teacher Development Centres was achieved with no deviations.
• A National Report is produced on monitoring the implementation of Teacher Development Programmes by PEDs with special focus on EFAL, Mathematics, Physical Science and Accounting: The target for an approved National Report on monitoring the implementation of Teacher Development Programmes by PEDs with 13 15 special focus on EFAL, Mathematics, Physical Science and Accounting was achieved with no deviations.
• Number of PEDs that had their post provisioning processes assessed for compliance with the post provisioning norms and standards: The Annual Target was set at nine (9) PEDs.

The target was achieved with no deviations.


• An Annual Sector Report is produced on the number of Grade R practitioners with at least a National Qualifications Framework (NQF) level 6 and above qualification: The target for an approved National Report on the number of Grade R practitioners with at least a National Qualifications Framework (NQF) level 6 and above qualification was achieved with 9 signed PED reports.
• Number of PEDs monitored on the implementation of the Performance Management Service for school-based educators: The Annual Target was set at nine (9) PEDs.

The Department, in the Fourth Quarter monitored nine (9) PEDs with no deviations.

• Number of PEDs monitored on the implementation of the Education Management Service: Performance Management and Development System (EMS: PMDS): The Annual Target was set at nine (9) PEDs.
The Department, in the Fourth Quarter monitored nine (9) PEDs with no deviations.
The Department reported on further progress made in the key focus areas in Programme 3 for the Fourth Quarter of 2021/22, which included the following, amongst others: • Education Labour Relations and Conditions of Service; • Education Human Resource Planning, Provisioning and Monitoring; • Educator Performance Management and Development and Whole School Evaluation • Initial Teacher Education; • Funza Lushaka Placements; • Continuing Professional Teacher Development; • Curriculum Research; • Education Management and Governance Development; and • Teacher Development Implementation.
14 16 3.4 Programme 4: Planning, Information and Assessment - This programme is responsible for promoting quality and effective service delivery in the basic education system through planning, implementation and assessment.

The programme had a total of 16 performance indicators with 15 annual and one bi-ennial indicator.

3.4.1 Annual Targets: • Number of new schools built and completed through Accelerated Schools Infrastructure Delivery Initiative (ASIDI): The Annual Target was set at 21 schools built.
The Department achieved output for the Fourth Quarter of eight (8) schools, bringing the total to 23 schools.

A positive deviation of two (2) schools.

The deviation was due to huge pressure exerted on the Implementing Agents to ensure that the targets are achieved and they completed as many projects as possible.

• Number of schools provided with sanitation facilities: The Annual Target was set at 1 000 school.
The Department achieved output for the Fourth Quarter of 466 schools, bringing the total to 1 026 schools.

A positive deviation of 26 schools.

The deviation was due to huge pressure exerted on the Implementing Agents to ensure that the targets are achieved and they completed as many projects as possible.

• Number of schools provided with water facilities through ASIDI: The Annual Target was set at 100 school.
The Department achieved output for the Fourth Quarter of 45 schools, bringing the total to 110 schools.

A positive deviation of 10 schools.

The deviation was due to huge pressure exerted on the Implementing Agents to ensure that the targets are achieved and they completed as many projects as possible.

• Number of General Education and Training (GET) test items developed in Language and Mathematics for Grades 3, 6 and 9: The Annual Target was set at 500 test items developed.
The Department achieved output for the Fourth Quarter of 500 test items with no deviations.

• Number of NSC reports produced: The Annual Target was set at four (4) reports.

The Department achieved the target of four (4) reports with no deviations.

• Number of question papers set for June and November examinations: The Annual Target was set at 294 question papers.

The Department indicated that a total of 137 June 2021 NSC/SC questions papers and 159 November 2021 NSC question papers were set.
A total of 296 question papers achieved.

A positive deviation of two 15 17 (2) question papers.

This was due to Marine Sciences introduced for the first time at Grade 12 level for the November 2021 NSC exams.

• Percentage of public schools using the South African School Administration and Management System (SA-SAMS) for reporting: The Annual Target was set at 98 percent of public schools.

The Department achieved output for the Fourth Quarter of 99.73 percent.

A positive deviation of 1.73 percent.


Advocacy and Provincial circulars supporting collection of data via SA-SAMS.

The SA-SAMS is a policy aligned and used for learner promotion reporting.

PED’s are benefitting from the DBE’s investment in SA-SAMS to provide standardised data for the sector.
• A National Report is produced on the number of provinces monitored for implementation of Learner Unit Record Information Tracking System (LURITS): The target for an approved National Report on the number of provinces monitored for implementation of LURITS was achieved with no deviation.

• A National Report is produced on learning outcomes linked to the National Assessment Framework: The 2021 PIRLS progress report and 2019 TIMSS Grade 5 and 9 reports were developed.
PIRLS and SEACMEQ not available due to postponement of studies a year after the scheduled date.

The PIRLS 2021 study report for South Africa will be aligned to the timelines set out by the International Association for Evaluation and Assessment (IEA) for release in December 2022 and will constitute the National Report linked to the NAF for 2022/23 financial year.
• A National Report is produced on developing and operationalising a school readiness assessment system: The target for an approved National Report on the First Early Learning National Assessment was achieved with no deviations.

• Number of officials from districts that achieved below the national benchmark in the NSC participating in a mentoring programme: The Annual Target was set at 60 officials.

The Department achieved output for the Fourth Quarter of 60 officials with no deviations.
• Percentage of District Directors that have undergone competency assessment prior to their appointment: The Annual Target was set at 96 percent of district directors.

The Department achieved output for the Fourth Quarter of 100 percent.

A positive deviation of 4 percent due to improved compliance.

• Percentage of underperforming schools monitored at least twice a year by district officials: The Annual Target was set at 80 percent for underperforming 16 18 schools.
The Department achieved output for the Fourth Quarter of 29.78 percent.

A negative deviation of 50.22 percent.

Gauteng and Free State were not included in the calculation as these provinces did not provide monitoring instruments for the underperforming schools visited, despite numerous requests by the DBE.

These provinces were not monitored by the DBE as there is no deployment in these provinces.

• Number of District Director forums held: The Annual Target was set at three (3) forums.
This was an annual indicator.

• Number of districts in which teacher development has been conducted as per district improvement plan: The Annual Target was set at 60 districts.

The target of 60 districts was achieved with no deviations.
3.4.2 Bi-Annual Targets: • Percentage of school principals rating the support services of districts as being satisfactory: This was a bi-ennial target and was not applicable for 2021/22 The Department reported on further progress made in the key focus areas in Programme 4 for the Fourth Quarter of 2021/22, which included the following, amongst others: • Educational Management Information Services; • Public Examinations; • Examination and Assessment Systems Administration; • Provincial and District Planning and Implementation Support; • School Level Planning and Implementation Support; • School and District Incident Management and Support • National Education Evaluation and Development Unit; • Provincial Budget and Monitoring; • Provincial and District Planning and Implementation Support; • Education Infrastructure Grant; and • Accelerated School Infrastructure Delivery Initiative (ASIDI) and Sanitation Appropriate for Education (SAFE).
3.5 Programme 5: Educational Enrichment Services - The purpose of the programme is to develop policies and programmes to improve the quality of learning in schools.

Within this 17 19 programme, there was a total of five (5) performance indicators with one (1) annual and four (4) quarterly targets.

3.5.1 Quarterly Targets: • Number of schools monitored for the provision of nutritious meals: The Quarterly Target was set at 35 schools monitored.
The Department achieved output for the Fourth Quarter of 38 schools, a positive deviation of three (3) schools.

Additional monitoring support was provided to two (2) non-feeding schools in Limpopo province and to one (1) school in Eastern Cape which reported a case of alleged food poisoning.

• Number of districts monitored in the implementation of the National School Safety Framework (NSSF), Social Cohesion, Sport and Enrichment Programmes: The Quarterly Target was set 15 districts monitored.
The Department achieved output for the Fourth Quarter of 15 districts with no deviations.

• Number of learners, educators, parents, SGBs and other educations stakeholders reached through social cohesion programmes: The Quarter Four target was set at 500.

The Department achieved output for the Fourth Quarter of 1 701, a positive deviation of 1 201.

Collaboration with external Stakeholders was beneficial in advocating for Social Cohesion and Equity programmes.
• Number of districts implementing the programme on school assemblies to end school-related gender-based violence: The Quarterly Target was set at 15 districts.

The Department achieved output for the Fourth Quarter of 15 districts with no deviations.

3.5.2 Annual Targets: • Number of PEDs with approved annual business plans for the HIV/AIDS Life Skills Education Programme: The Annual Target was set at nine (9) PEDs.

The target was achieved with no deviations.


The Department reported on further progress made in the key focus areas in Programme 5 for the Fourth Quarter of 2021/22, which included the following, amongst others: • Sport and Enrichment in Education; 18 20 • Social Cohesion and Equity in Education; • Safety in Education; • Health Promotion; • Psycho-Social Support; and • School Nutrition.

4.
4.

2021/22 Quarter Four Budget and Expenditure 4.1 The total Appropriation budget of the Department for the 2021/22 financial year amounted to R 27.239 billion.

A total of R 22.330 billion (82 percent) was allocated to transfer payments as follows: - Conditional Grants: R 20.701 billion; - Transfers to Public Entities: R 175.8 million; and - Other Transfers: R 1.454 billion.
The remainder of the budget (R 4.908 billion) was allocated to the following: - Compensation of Employees: R 470.9 million; - Examiners and Moderators: R 25.1 million; - Earmarked Funds: R 1.382 billion; - Office Accommodation: R 230.2 million; - Specifically, and Exclusively Appropriated: R 2.397 billion; - Departmental Operations: R 154.8 million; and - Departmental Projects: R 247.9 million.
4.2 The total actual expenditure of the Department for the 2021/22 financial year first quarter amounted to R 27.171 billion.

Expenditure amounting to R 22.326 billion was made up of transfer payments as follows: - Conditional Grants: R 20.701 billion; - Transfers to Public Entities: R 175.8 million; and - Other Transfers: R 1.449 billion.
The remainder of the expenditure (R 4.845 billion) was made up as follows: - Compensation of Employees: R 472.2 million; 19 21 - Examiners and Moderators: R 25.1 million; - Earmarked Funds: R 1.356 billion; - Office Accommodation: R 229.9 million; - Specifically, and Exclusively Appropriated: R 2.397 billion; - Departmental Operations: R 117.8 million; and - Departmental Projects: R 247.0 million.
4.3 Allocation against Expenditure per Programme for the 2021/22 Financial Year PROGRAMME Administration Curriculum Policy, Support and Monitoring Teachers, Education Human Resources Development and Institutional Development Planning, Information and Assessment Educational Enrichment Services Total ADJUSTED BUDGET R’000 VIREMENT R’000 FINAL BUDGET R’000 EXPENDITURE VARIANCES % SPENT R’000 R’000 524 698 8 624 533 322 531 769 1 553 99.71% 2 120 975 (5 250) 2 115 725 2 091 344 24 381 98.85% 1 449 059 0 1 449 059 1 433 122 15 937 98.90% 14 710 549 (864) 14 709 685 14 696 404 13 281 99.91% 8 433 979 (2 510) 8 431 469 8 418 602 12 867 99.85% 27 239 260 0 27 239 260 27 171 241 68 019 99.75% 4.4 Allocation against Expenditure per Economic Classification for the 2021/22 Financial Year ECONOMIC CLASSIFICATION Compensation of Employees Goods and Services Interest and rent on land Transfers and Subsidies ADJUSTED BUDGET R’000 VIREMENT R’000 FINAL BUDGET R’000 EXPENDITURE VARIANCES R’000 R’000 549 195 0 549 195 541 811 7 384 2 053 842 (24 016) 2 029 826 2 148 935 (119 109) % SPENT 98.66% 105.87 % 39 518 1 890 41 408 41 398 10 99.98% 22 329 796 2 995 22 332 791 22 326 674 6 117 99.97% 20 22 Payment for Capital Assets Payment of Financial Assets Total Allocation against Expenditure (R’000) for 2021/22 Financial Year OTHER TRANSFERS Compensation of Employees Examiners and Moderators Transfers to Public Entities Other Transfers Conditional Grants Schools Infrastructure Backlogs Indirect Grant Earmarked Funds Departmental Operations Office Accommodation Projects Total EXPENDITURE VARIANCES R’000 R’000 BUDGET R’ Allocation against Expenditure per Earmarked Funds for 2021/22 Financial Year
 ECONOMIC CLASSIFICATION Learners with Profound Disability: Earmarked Matric Second Chance BUDGET R’000 3 201 58 482 R’000 3 191 53 697 EXPENDITURE VARIANCES Workbooks Oversight of MST NSNP: Earmarked Total 1 294 218 1 273 532 6 614 19 519 6 474 18 971 1 382 034 1 355 865 26 169 21 % SPENT 100.28% 99.73% 100.00% 99.66% 100.00% 100.00% 98.11% 76.09% 99.85% 99.69% 99.75% % SPENT 99.69% 91.82% 98.40% 97.88% 97.19% 98.11% (1 302) 67 0 5 005 0 6 26 169 36 978 334 762 R’000 10 4 785 20 686 140 548 23 4.7 Allocation against Expenditure per Conditional Grants for 2021/22 Financial Year ECONOMIC CLASSIFICATION FINAL BUDGET R’000 EXPENDITURE VARIANCES R’000 R’000 Learners with Profound Disability Grant Maths Science and Technology Grant Education Infrastructure Grant National School Nutrition Programme HIV and Allocation Grants Total % SPENT 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 4.8 Allocation against Expenditure per Details of Transfer (R’000) for 2021/22 Financial Year OTHER TRANSFERS FINAL BUDGET R’000 EXPENDITURE VARIANCES UNESCO Membership Fees 17 317 ADEA Guidance Counselling and Youth Development Centre: Malawi Childline South Africa 775 199 78 R’000 12 599 775 152 78 National Education Collaboration Trust 120 437 120 437 Households SEACMEQ NSFAS: Funza Lushaka Total Other Transfers Umalusi ETDP SETA South African Council for Educators Total Public Entities R’000 4 718 0 47 0 0 240 0 0 5 005 0 0 0 0 % SPENT 72.76% 100.00% 76.38% 100.00% 100.00% 92.00% 100.00% 100.00% 99.66% 100.00% 100.00% 100.00% 100.00% 24 4.9 Allocation against Expenditure per Earmarked Funds for 2021/22 Financial Year ECONOMIC CLASSIFICATION FINAL BUDGET R’000 VIREMENTS R’000 FINAL BUDGET R’000 EXPENDITUR E VARIANC ES % SPENT Compensation of
 Employees 6 436 0 Goods and Services 143 479 (8 462) 6 436 135 017 Interest 250 250 Building and Other Fixed Structures Software & Other Int Assets Payments of Financial Assets 0 2 246 649 0 0 Total 2 396 564 0 2 246 649 3 212 5 000 0 3 212 5 000 2 396 564 5.
Portfolio Committee Observations and Questions R’000 R’000 9 797 (3 361) 152.22% 304 603 (169 586) 225.60% 250 0 100.00% 2 073 742 172 907 92.30% 3 212 4 954 2 396 558 0 46 6 100.00% 99.08% 100.00% The Portfolio Committee raised the following with the Department of Basic Education in respect of the Fourth Quarterly Reports for 2021/22: • Members noted with concern the overspending on Compensation of Employees and Goods and Services items and queried whether there had been any virements on these items – or other sources of funding.
• Regarding the Funza Lushaka graduates appointments, Members queried whether the posts filled were for existing posts/vacancies or new posts/vacancies.

• Members also queried how the Department awarded or punished Directors during performance assessments – and what performance measures were in place for Directors.

Members indicated that queries to district offices were either not satisfactorily answered or just ignored completely.
Members queried how the Department was addressing such matters as the work of Parliamentarians and its Committees needed to be emphasized.

23 25 • In respect of the 10 cases reported on by the Departments legal services, Members sought further details on the nature and status of such cases.

• On distance learning/virtual classrooms, Members sought clarity on who was responsible for developing the content and details on such service providers utilised by the Department.
Members queried whether there had been a tender/procurement process followed for identified service providers to offer online learning and digital content.

Further to this, Members requested the Department to supply a report on schools with access to online learning, especially in the rural areas.

• The Department indicated that there were three terms of reference regarding procurement plans scrutinized by the Bid Committee.

One was adjudicated while two were for further review.
Members queried the criteria used by the Bid Committee during these processes and details on those appointed to the Bid Committee.

• Members queried whether there were still schools without LTSM to date – and how this matter was being resolved.

• Regarding the PIRLS Study, Members queried how the Department prepared learners for participation in the study – and how was the results of the study shared.
Members requested that the Department shared the parental consent form used for the PIRLS and TIMSS studies.

• Members queried whether the Director-General held accountability sessions with officials within the Department.

• With underperforming schools, Members queried the support being offered by the Department to these schools.

6.
6.

Responses from the Department of Basic Education Director-General, Mr H Mweli – Regarding the placement of the Funza Lushaka graduates, this was a combination of existing posts and new post that was being filled.

The Department was appointing new teachers into the system but also having to replace those who may have succumbed to the Covid-19 pandemic.
The online learning/digital content was developed in collaboration with service providers and network operators – this did not involve any extra funding from the Department and there was no tender/procurement processes that needed to be followed as this was 24 26 purely a collaboration.

The digitization of workbooks was ongoing.


The Department did mention that there were learners with textbook shortages and the details could also be provided to the Committee – the Department was looking to address these shortages.

Those officials appointed to the Bid Committee were officials within the line-function.

With the bid evaluations, the Department considered the experience but also provided the necessary training to public service officials.
The Department would ensure that it educated its officials, especially at district level on the important role played by Parliamentarians and Parliamentary Committee – and could not be ignored.

The Department ensured that all employees of the Department was subjected to assessment through the performance management system at all levels.

For directors, the school performance also formed part of their assessments.
Regarding support to underperforming schools, the Department detailed the comprehensive packages of support which also included mentorship.

Further to this the SMTs and SGBs were also called to account on underperforming schools – and intervention strategies in place.

Deputy-Director General, Mr S Padayachee – Mr Padayachee outlined some of the details regarding the placement of Funza Lushaka graduates in the system.
Many posts were for the previous financial year, but also for the existing and new vacancies.

Due to the large number of Funza Lushaka graduates entering the system, the impact of the teacher losses due to Covid-19 was not as significant.

Deputy-Director General, Mr P Khunou – Mr Khunou also mentioned that officials on the Bid Committee who may not have experience was given the necessary training for appointment to the various committees.
Regarding the overspending on Compensation for Employees and Goods and Services items, Mr Khunou explained that it was in respect of the ASIDI Grant.

He further alluded to the breakdown of the Grant in respect of Capital and Non-Capital expenditure.

This was also link to the Allocation of Expenditure per Economic Classification figures.

Due to virements, none of the programmes were overspending.

Director, Adv.

S Misser – Adv.


Misser gave a detailed breakdown of the ten (10) legal cases handled by Legal Services in the last Quarter with results.

With some cases there had been no relief while in others the Minister was being defended.

25 27 Deputy Minister, Dr R Mhaule – Regarding consequence management within the Department, the Deputy Minister indicated that all officials at all levels faced consequence management.

Details could be made available to the Committee if required.
Chief Director – Dr R Poliah – Regarding the TIMSS and PIRLS studies, Dr Poliah indicated that because the studies were at a national level, schools selected for the studies represented the country as a whole.

Feedback on results was not given to individual schools.

Dr Poliah spoke on the impact of the studies and the diagnostic reports produced by the Department which included items benchmarked internationally.

He agreed to share the parental consent form with the Portfolio Committee.

7.
7.

Portfolio Committee Recommendations Based on the observations made above, the Portfolio Committee requests that the Minister ensure that the Department consider the following recommendations: 7.1 The Department of Basic Education ensure that Directors are educated on the important role and function of Members of Parliament and Parliamentary Committees.
7.2 The Department of Basic Education ensure that Members receive adequate responses to any questions raised, that queries are not ignored, within 7 working days after adoption of the report 7.3 The Department of Basic Education ensure that schools with LTSM shortages are assisted with any shortages as a matter of urgency, before the start of the 3rd term school calendar.
7.4 The Department of Basic Education continue to support and assist underperforming schools within the system to ensure improved performance.

7.5 The Department of Basic Education share the following reports with the Portfolio Committee: o School with access to online learning, especially rural areas; o Details of officials serving on the Bid Committee o A copy of the parental consent for learners participating in the TIMSS and PIRLS studies.
26 28 o A detailed report on the 10 legal cases processed by the legal services with results and status.

Report to be considered.

27 29 2.
Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the Commission for Gender Equality Report on Government’s Emergency Response Action Plan (ERAP) on Gender- based Violence and Femicide dated, 6 September 2022 The Portfolio Committee on Women, Youth and Persons with Disabilities having considered the Commission for Gender Equality’s Report on Government’s Emergency Response Action Plan (ERAP) on Gender-Based Violence and Femicide on 23 February 2022 referred to it on 15 April 2021, reports as follows: 1.
Introduction The Portfolio Committee on Women, Youth and Persons with Disabilities was briefed by the Commission for Gender Equality (CGE) on the Report on Government’s Emergency Response Action Plan (ERAP) on Gender-Based Violence on 23 February 2022.

2.

Mandate of the Department of the Commission for Gender Equality The CGE’s work emanates from Section 181 of the Constitution (1996) and it is one of the Chapter 9 institutions which are independent entities for strengthening democracy.
The CGE is therefore required to report to the National Assembly at least once a year regarding the progress of carrying out its strategic objectives.

Section 187 of the Constitution stipulates that the Commission should promote respect for gender equality, and protect and develop its attainment, as well as monitor, educate, lobby, advise and report on issues related to gender equality.
In line with the CGE’s obligation to strengthen constitutional democracy with a focus on the attainment of gender equality, the CGE has a legislative mandate and functions which include the following: a) Monitor, evaluate and make recommendations on: • Policies and practices of organs of state, statutory bodies and functionaries, public 1 30 bodies or private businesses, to promote gender equality.

• Any existing law including indigenous law and practices.
• Government’s compliance with international conventions with respect to gender equality.

b) Propose/recommend on: • New law that may impact on gender equality or the status of women.

c) Develop, conduct or manage • Educational strategies and programmes that foster understanding about gender equality and the role of the CGE.

d) Investigate and resolve conflicts • On gender matters and complaints through mediation, conciliation and negotiation or referral to other institutions.
e) Liaise and interact • With institutions, bodies or authorities with similar objectives to the Commission.

• With any organisation which actively promotes gender equality and other sectors of civil society to further the objectives of the Commission.

f) Prepare and submit reports • To Parliament on aspects relating to gender equality.

In addition, the Commission for Gender Equality may: • Conduct or order research to be conducted; • Consider recommendations, suggestions and request from any source.
It is on this basis that the ERAP report was produced and tabled in Parliament for consideration.

2 31 3.
2 31 3.

Presentation by the Commission for Gender Equality on the Report on Government’s Emergency Response Action Plan (ERAP) on Gender Based Violence 3.1 Background Government’s Emergency Response Action Plan (ERAP) on gender-based violence and femicide (GBVF) came about as a response y Government to country wide calls from the public for urgent action against “what was perceived as a national crisis – the brutal killings of women and girls, and heightened violations of their rights in South Africa.
These calls were part of a chorus of societal appeals from the gender sector for the authorities to act urgently and decisively to combat the high rates of domestic violence, intimate partner violence, rape, assaults and murder of women and girls that were perceived as spiralling out of control.”1 The Presidential announcement of ERAP initiative was made on 18 September 2019.

Moreover, the President of the Republic of South Africa pledged R1,6 billion to fund the Government’s ERAP initiative.
The ERAP was a six-month national initiative with the following 5 key thematic Outcomes: • Access to justice for victims and survivors: • Change norms and behaviour through high level prevention efforts.

• Urgent respond to victims of gender based violence • Urgently respond to victims of gender-based violence (GBV) • Strengthened accountability and architecture to adequately respond to scourge of gender based violence.
The President commissioned the Interim Steering Committee on Gender Based Violence and Femicide to prepare an ERAP.

This plan commenced in October 2019 for a period of six months ending on 31 March 2020.

1 Commission for Gender Equality (2020) Government’s Emergency Response Action Plan on Gender- Based Violence and Femicide, Commission for Gender Equality Review of Implementation, p.5.
3 32 3.2 Aim of the study The aim of the study was to assess/evaluate the extent of progress in the implementation of ERAP interventions and targets.

3.3 Methodology The study to the form of a post-hoc review and assessment on the performance of state entities that were expected to give effect to ERAP over a 6-month period.
It adopted an auditing approach as it involved obtaining performance information to measure actual performance against stated targets as specified in the government's original ERAP document.

Hence the assessment of performance information from the implementing agencies i.e.
(government departments, related agencies and other institutions) against ERAP responsibilities and targets as follows: • Total of 39 specified interventions • Total of 80 specified targets • Total of 22 Government Departments • Other entities such as labour unions, political parties, non-state actors, etc.

were assigned responsibilities.

The review was based on reliable and accurate performance information collected and compiled by government departments and related entities (i.e.
official reports and documents) to assess actual performance against ERAP targets.

The CGE noted that “the accuracy and reliability of such information remains the responsibility of the state departments and agencies responsible for collecting such information and reporting on their progress.
However, where documented information was limited or unavailable, the CGE sought to augment it by searching for alternative sources such as online databases, and interviews with departmental and other officials who were willing to be interviewed to provide further information and clarity on the work of their departments and 4 33 agencies.”2 To this end, the Commission also drew on a report released by the Interim Steering Committee (ISC) on GBV on ERAP in April 2020 which assisted in compiling its research report.
3.4 Limitations of the Study The Commission highlighted the following challenges, constraints and or limitations in conducting the review: • Review/assessments was carried out during emergency/lockdown restrictions related to Covid -19 pandemic.

• Access to government department departments/officials for information was affected by lockdown restrictions.
• Reluctance/delays by officials from some government departments in providing information • Issues of reliability and accuracy of information provided by departments.

• Abolition of the Interim Steering Committee on GBVF also affected access to vital information on progress relating to ERAP initiatives 4.

Findings of the study The findings of the study were reported on in terms of general observations i.e.
overview of implementation of ERAP and then by thematic area 1-5 each of which is outlined hereafter.

4.1 ERAP: Overview of implementation • ERAP was a timely, necessary and crucial national response to an urgent national crisis.

• Responsibilities for implementation interventions programmes and related activities were assigned to various government departments and other entities.
2 Ibid, 12 5 34 • The ISC had overall responsibility for ensuring coordination, oversight and accountability of implementing agencies • The ISC also had responsibility for key decision making such as goal setting, prioritisation, determining strategic direction, focus and funding levels for programme interventions/activities.

• The ISC was also responsible for liaisons with funders/donors, CSOs and for reporting/accounting to parliament.
• The overall implementation of ERP was characterised by inadequate operational coordination of departmental activities across thematic areas, intervention and targets.

• The thematic areas placed greater emphasis on long term qualitative policy outcomes for the country for dealing with gender-based violence.

However, the accompanying targets tended to place greater emphasis on short term-quantitative outputs without clear linkages to long term qualitative outcomes implied in the 5 Thematic areas.
• Many of the ERAP targets appeared not to be based on a clear assessment of existing institutional capacity needs of responsible departments or entities and this resulted in many targets not achieved due to the scope of the work involved exceeded existing institutional capacity.

• The original ERAP document did not make provision for the systematic ongoing monitoring and evaluation assessment of progress in the implementation of intervention and targets.
• ERAP planners did not provide a mechanism for post implementation impact assessment regarding the 39 interventions and 80 targets relating to the thematic areas.

• The ISC issued its own ERAP report in April 2020, which was a progress update and not a monitoring and evaluation report.
4.2 Findings on ERAP thematic overview 4.2.1 Thematic area 1 - Access to Justice for Victims and Survivors 6 35 The purpose of this thematic area was to improve access to justice for victims and survivors (both and long term goals).
The following departments/entities were assigned responsibilities under this theme: • Department of Justice & Correctional Services • Department of Social Development • Department of Women, Youth and Persons with Disabilities • National Prosecuting Office • Presidency • Parliament The overall performance information for the intervention and targets was largely characterised by issues of accuracy and reliability.
It was also found that many of the claims of achieved targets could not be verified based on information provided by departments especially department such as SAPS.

The information contained in the ISC on GBVF’s report had limited information for assessing claims of progress and achievements as well.
Notwithstanding that, key highlights for this thematic area was indicated as follows: • The Department of Justice & Correctional Services developed the following: - Sexual Offences/Criminal Law Amendment Bill - Domestic Violence Bill - Criminal Matters (Bail and Sentencing) Amendment Bill • In terms of SAPS (Liquor establishment compliance inspections) - 84 023 establishments were inspected - 1, 310 illegal outlets were closed down Key targets that were not achieved for this thematic area were indicated as follows: • Establishment of the national coordinating structure on gender based violence.
7 36 • Vetting of all state personnel working directly with children and the mentally disabled (only a small number of personnel vetted).

The focus of this intervention was vetting against the sexual offences register.

In addition, what was also noted was a lack of skills training, expertise, care and funding.

• Overall many targets under this thematic area were not achieved.
4.2.2 Thematic Areas 2 - Change norms and behaviour through high level prevention efforts • This thematic area placed great emphasis on changing behavioural norms in areas such as the workplace, schools, etc.

in the long term.

Such long term behaviour changes were more likely to happen over a longer time frame beyond the ERAP 6-month period.
• The ISC ERAP progress update report did not provide much useful information and insights into progress and achievements relating to ERAP targets under this intervention.

• Several lead institutions responsible for various targets under this intervention were approached during this exercise to provide additional information regarding their activities, progress and achievements.
These included the Department of Arts and Culture (DAC), the South African Broadcasting Corporation (SABC), Government Communication and Information System (GCIS) and the ISC.

However, these institutions failed to provide the information requested by the time this report was compiled.
• Notwithstanding that, even though the ISC's ERAP report states that the DWYPD had launched the 365-day sustained campaign to prevent GBV 25 in partnership with the United Nations and a company called First for Women, the details of this campaign were not clear.

In addition, it was also not clear whether this constituted a multi-media campaign to prevent and condemn GBVF and if it was executed by November 2019, according to the targets outlined in the original ERAP document.
• Furthermore, no information was made available to determine if targets under this intervention were achieved satisfactorily.

8 37 • Some departments such as Department of Higher Education and Basic Education provided comprehensive information on progress achieved especially educational campaign in schools around prevention.

For example, campaigns in schools need to be sustained over longer time periods to be effective and for greater impact in the long term.
• Similarly, campaign interventions to change behavioural norms in the workplace (e.g.

by the Department of Labour) also need longer time frames than 6 months to take effect and be sustainable in longer term.

• This was also characterised by claims based on inadequate information from some of the departments.
4.2.3 Thematic Area 3 - Urgently Respond to Victims of GBV • The focus of this thematic area was on short term urgent interventions and responses to the needs of victims of gender based violence by firstly; providing access to emergency support services through improved responses and secondly; improving effectiveness of support system, processes and practices aimed at urgent needs of victims of gender based violence.

• The Departments responsible for implementation of this thematic area were as follows: i.
Department of Health ii.

NPA iii.

Department of Public Works and Infrastructure iv.

Department of Public Service and Administration v. CoGTA vi.

South African Police Services • These departments provided insufficient information on their progress on ERAP target achievements.

• Many targets under this thematic area were not achieved or only partially achieved with insufficient explanation provided as to why this was the case.

9 38 Overall pointing to a lack of accountability.


An example cited was The Department of Social Department and Department of Public Service and Administration’s target was to recruit 650 social workers by 1 December 2019.

However, only 200 Social Workers were recruited later than the stated time-line (30 March 2020).

• The NPA’s recruitment of 74 Prosecutors target was noted as a highlight as it exceeded the target of 50.
4.2.4 Thematic area 4 - Strengthen Accountability Architecture to Adequately Respond to the Scourge of GBV • This thematic area entailed medium and long term goals and the lead department to implement was the Department of Women, Youth and Persons with Disabilities and ISC on GBVF.

• The performance against this area was poor and that not a single target met was satisfactory.

• Overall targets and time frame set were unrealistic.
• There was lack of interdepartmental collaboration/coordination and poor resource allocation played an important role.

• The key interventions that were not achieved by this thematic area was the establishment of a national coordinating mechanism on GBV which was meant to serve as an accountability mechanism on combating GBV.
• The responsibility of establishing a multi-sectoral coordination and accountability structure on GBVF was assigned to the Department of Women, Youth and Persons with Disabilities (DWYPD) as well as the Interim Steering Committee on Gender-Based Violence and Femicide (ISC-GBVF).

This task had not yet been completed by 31 March 2020.
• The CGE’s key finding was that the task of establishing the multi-sectoral coordinating body on GBVF was given to two different institutions on two separate occasions, each with a six-month time period to complete the task, and on both occasions, the target was not achieved.

10 39 • In terms of the Rapid Response Teams their establishment and capacity development, very little information was provided by the lead institutions responsible for performance information on this target.
Available performance information on this target was vague and incomplete, suggesting that very little was accomplished.

For instance, the information does not provide insights into aspects such as the capacity development of the RRT.
• In terms of the Provincial emergency teams established, based on information obtained from the Department of Women, Youth and Persons with Disabilities (hereafter the Department), the Department indicated that by July 2020, the department was still working on the establishment of provincial emergency teams to provide rapid and comprehensive responses to all forms of violence against women.
The teams would comprise officials from the SAPS, DSD, DOH, DOJ&CD, DBE as well as members of civil society organisations.

The report also refers vaguely to work being carried out to strengthen the provincial approach with the Premier's Office in the Eastern Cape.

There was however no clarity regarding progress made by the other eight provinces.

This lead to the CGEs conclusion that the target was not achieved.
• Some of interventions sought to forge greater inter agency collaboration by establishing Task Teams at national provincial levels.

These Inter Agency Task Teams were aimed at facilitating provision of urgent support services for victims of GBV.

However, such inter agency Task Teams appeared to have had limited success.
• This intervention also made provision for the establishment of a multi-sectoral GBVF fund to fund the activities of civil society organisations providing relevant services on the ground.

The responsibility for this rested with the Department of Women, Youth and Persons with Disabilities, National Treasury and the ISC which was subsequently disbanded in April 2020.
• Based on the information obtained from the Department Women, Youth and Persons with Disabilities, on 13 December 2019 the department approved the appointment of a private sector-led initiative called the South African Business Coalition on Health and Aids (SABCOHA) as the agency to establish and be in charge of a fund account into which funds were to be donated by the private 11 40 sector as part of this intervention.
According to information obtained from multiple sources from both government and civil society organisations by the CGE, it appeared that SABCOHA was to operate this fund in line with the terms of reference crafted by the ISC.

The CGE also became aware that this account was intended to receive funds donated by private sector donors towards ERAP- related activities.
However, it was not clear whether or not this account was indeed established, if funds were donated by the private sector into the account, and what the balance of funds in the account was by the time the ERAP came to an end in March 2020.
• Furthermore, the CGE noted that it was not clear if the SABCOHA fund bore any relationship to the target (multi-sectoral GBVF fund) as stated under this intervention, given that the responsibility to establish such a fund was assigned to the National Treasury, the DWYPD and the erstwhile ISC.

Also, the issue of which institution (between NT, DWYPD and ISC) was ultimately accountable for the ERAP-related funds donated by the private sector into the account administered by SABCOHA remains unanswered.
• Observations on the ground revealed that the entire process relating to the setting up of the GBVF Fund was marred with controversy as the appointment of SABCOHA had caused divisions among key civil society organisations and saw the National Treasury seeming to distance itself from the process.
• According to the CGE, some of the disgruntled members of civil society organisations cited what they perceived as irregularities in procedures undertaken to appoint SABCOHA, while others dismissed SABCOHA on the grounds of lack of experience in dealing with GBVF issues.

Some of the critics pointed out that SABCOHA was more established on issues of HIV/AIDS rather than GBV.
In addition, the National Treasury argued that existing legislative provisions could not permit it to disperse state funds through a voluntary agency like SABCOHA.

• It is, however, still unclear how the R1.6 billion funds committed by the President towards the ERAP were to be raised and dispersed for the implementation of the plan.

Conflicting statements from key role players on the ground made it impossible for the CGE to obtain clarity on this issue.
12 41 • The ISC's ERAP report stated that once the national coordinating structure on GBV was established, the matter of the 65 GBVF fund will be placed on its agenda for finalisation.

In terms of whether the target was achieved or not in this regard, a close look at the target revealed that the GBVF fund was meant to be multi-sectoral and was expected to support civil society and grassroots organisations providing GBV services by 31 March 2020.
While an account was set up through SABCOHA, the status and functionality of the fund could not be vouched for by the CGE, leading to the conclusion that the target was not met.

• In terms of the percentage of legislators trained, according to the CGE available information, including the ISC's ERAP report, indicated that the training of legislators had not yet been carried out at the time the report was compiled.
The Department of Women, Youth and Persons with Disabilities also indicated in July 2020 that the process was at the planning stage and that the department was working in partnership with the United Nations Office on Drugs and Crime (UNODC) to roll out the training.

Further details pertaining to the training and related plans were not shared with the CGE.

Therefore, this target was not achieved.

4.2.5.


Thematic area 5 - Prioritise Interventions that Facilitate Economic Opportunities to Address Women’s Economic Empowerment • The goal of this thematic area was the provision of economic opportunities for women and girls i.e.

short term goals.

In addition, the goal was to address underlying structural economic causes (long and short term) to empower women and girls.
• The leading departments and role players to implement this were, National Treasury, Department of Employment and Labour, Department of Rural Development and Land Reform, organised business and other entities such as labour unions and political parties.

• The performance under this thematic area was unsatisfactory both in short and long term targets.

The short term targets specified included: i. Verify existed of relevant policies in the workplace (sexual harassment).

13 42 ii.
13 42 ii.

Creating job opportunities for women and girls.

iii.

Introducing preferential procurement policy quotas (40%) in favour of women.
• In response to CGE requests for its performance information regarding the target, 100% GBV survivors linked to economic opportunities, the Department of Employment and Labour stated that its legislative mandate entails the development and implementation of policy on the prevention and elimination of violence and harassment, including sexual harassment, in the workplace.

Hence this department was adamant that the creation of economic opportunities for survivors of GBVF do not fall within its mandate.
It would appear therefore that this was a misalignment of responsibility in relation to the target.

• With respect to the targets pertaining to sexual harassment policies in the workplace and related workplace strategies, the Department of Employment and Labour insisted that this target could only be achieved once the final 'Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work' was published in the fourth quarter of the 2020/2021 financial year.
Therefore, the target was not achieved.

• In terms of the Land reform programmes and targets for women beneficiaries, the CGE noted that this programme entails potentially complexed policy, legal and administrative process that went beyond the ERAP 6-months lifestyle.

There was not much evidence of progress achieved in terms of the land reform programme during ERAP 6 months’ lifecycle.
• In terms of the National budget re-orientation (Gender Responsive budgeting), the Gender Responsive Budget Framework (GRBF) initiative was already on the agenda of the Department of Women, Youth and Persons with Disabilities, still under way and was experiencing difficulties and needed greater cooperation of all key national ministries and greater national political will/leadership.
For gender responsive budgeting to take effect, it needs a significantly longer time frame to introduce and institutionalise across government.

The GRBF process is still under way, experiencing difficulties CGE has conducted a study in this regard.

• In terms of the target of preferential procurement, CGE was unable to obtain information on progress in terms of this target.
The National Treasury indicated 14 43 that it was not involved in the drafting of the ERAP document and was thus unable to assist in this regard.

There was insufficient information to determine whether this target was achieved or not.

• Overall the performance of departments under this Thematic Area was unsatisfactory (both in short term and long term interventions).
4.2.6 Summary of achievements of targets Of the 80 targets outlined in the ERAP, 17 (21.25%) were achieved, whilst, 12 (15%) were partially achieved and 51 (63.75%) targets were not achieved.

The CGE indicated that the ERAP was a timely and appropriate response to an urgent national crisis but its implementation faced many obstacles on the ground.
It also concluded that there were, firstly, problems of lack of effective coordination; secondly, ineffective oversight and accountability and thirdly, a lack of ongoing programme monitoring and evaluation mechanisms which led to many targets and interventions not achieved.

Furthermore, the CGE indicated that the ISC’s coordinating role was crucial, but it was undermined by significant operational issues, including lack of role clarification, poor accountability and limited capacity.
A large number of departments involved in the implementation of ERAP interventions were without effective operational coordination and collaboration across thematic areas.

5.

Recommendations by the CGE The CGE recommended the following: a) That government undertakes at thorough review and evaluation of the implementation of the ERAP to identify achievement of the various targets and identify the challenges encountered during implementation of the plan.
The findings of this review and evaluation should be made public.

b) The review and evaluation of the ERAP, as contemplated above, should be carried out by a competent and independent service provider, with the view to identifying key challenges, lessons learned and prospects for continued implementation of some of 15 44 the key interventions and critical targets with potentially long-term timeframes and positive consequences in the fight against gender-based violence.
c) Given that the Interim Steering Committee on GBVF was abolished in April2020, it is recommended that in the short to medium term, the overall responsibility to drive government’s programmes of intervention to deal with GBVF be placed under a competent institutional structure or department that will oversee such national programmes including the process of establishing the national multi-stakeholder body on gender-based violence.
d) That priority, including the necessary resources, be given to the current process of establishing the national multi-stakeholder body on gender-based violence and femicide.

It is further recommended that the necessary legislative process be initiated to ensure that such a multi-stakeholder national coordinating body on gender-based violence has the requisite legal standing and access to regular funding.
The Commission for Gender Equality, as a critical stakeholder, should engage with the Ministry for Women in the Presidency and other relevant stakeholders regarding planning processes and time frames for the establishment of the national multi- stakeholder coordinating body on GBVF.

e) The National Strategic Plan (NSP) has been approved by Cabinet.

Implementation of the NSP should be the responsibility of the national multi-stakeholder coordination body that is yet to be established.
Therefore, while the process of establishing the multi-stakeholder coordinating body on GBVF is still underway, it is recommended that the responsibility for the implementation of the NSP be placed under the Ministry for Women in the Presidency.

f) It is recommended that the Ministry for Women in the Presidency should initiate a consultative process for planning, costing/budgeting, implementation, monitoring and evaluation of the NSP and report progress to Parliament.
This responsibility should reside with the Ministry for Women in the Presidency until such time as the national multi-stakeholder coordinating body on GBV is ready to assume the role and execute these functions.

It is further recommended that the Commission for Gender Equality engages with the Ministry for Women in the Presidency regarding planning processes and timeframes for implementation of the NSP.
16 45 g) One of the key interventions identified in the ERAP was the implementation of the Gender Responsive Budget Framework introduced by the Ministry for Women in the Presidency and approved by Cabinet in 2019.

It is recommended that this framework be widely disseminated and popularised across government (at national, provincial, and local government levels).

It is further recommended that the National Treasury plays a leading role in ensuring that the framework is adopted and implemented.
h) As part of its constitutional and legislative mandate, the Commission for Gender Equality should continue to assess government’s implementation of national policy and legislative frameworks, including national strategies (e.g.

NSP, GRPB, etc.)

and programmes of action (e.g.

Presidential Summit Declarations, ERAP) to combat gender-based violence.

This should be done, among others, through direct and regular engagements between the leadership of the Commission and relevant government departments.

6.
6.

Committee Observations The Committee having deliberated on the CCGE’s the report, made the following observations: a) The Committee was concerned that not enough time was allocated to implement the ERAP Plan and as such this impacted the outcome.
b) The Committee queried what progress had been made since the CGE last presented to the Committee on the report given that the country’s focus was now on the implementation of the National Strategic Plan on Gender-Based Violence and Femicide as well as the establishment of the Council.

c) The Committee enquired about the challenges the CGE experienced in the development of the report and with the implementation of the recommendations.
d) Given the time constraints and various levels of assistance received from departments by the CGE, the Committee asked what assistance the CGE required from the Committee to ensure the recommendations are implemented.

17 46 5.
17 46 5.

Recommendations The Committee having interacted with the Commission for Gender Equality on the report, made the following recommendations: a) The CGE should ensure that they monitor all government departments that are responsible for implementing the National Strategic Plan (NSP) on Gender Based Violence and Femicide (GBVF).
b) The Committee should engage with the Secretariat of the National Council on Gender-Based Violence on Gender Based Violence and Femicide (NCGBVF) on their role and programme to implement the NSP on GBVF.

6.

Conclusion The Committee welcomed the report by the CGE and acknowledged the importance of monitoring and evaluating policies to address gender-based violence and femicide in the country.
Furthermore, the Committee committed to a joint meeting with relevant Portfolio Committees in order to engage with relevant departments and assess what progress has been made insofar as the implementation of the NSP on GBVF is concerned in addition to the recommendations outlined by the CGE in its report.

Report to be considered.

18 47 3.
18 47 3.

Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the Draft Notice on the Determination of Remuneration of Independent Constitutional Institutions, dated 6 September 2022 The Portfolio Committee on Women, Youth and Persons with Disabilities Affairs, having considered the draft notice of the President’s determination of the salaries and allowances of members of various institutions, including the Commission for Gender Equality (CGE), reports as follows: 1.
BACKGROUND 1.

A letter, dated 10 June 2022, was received from the President of the Republic, requesting the National Assembly to consider the draft notice of determination of the salaries and al- lowances of members of various institutions, including the Commission for Gender Equality in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No.

22 of 2014) for 2021/22, usually required by the end of the financial year.

2.
2.

On 24 August 2022, the matter was referred to the Committee for consideration and report as per the ATC No.

124 of 2022.

3.
124 of 2022.

3.

Section 219 (5) of the Constitution of the Republic of South Africa, 1996, provides that national legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General, and members of any commission provided for in the Constitution, including the Commission for Gender Equality referred to in section 192 of the Constitution.

4.
4.

The Determination of Remuneration of Office-Bearers of Independent Constitutional Insti- tutions Laws Amendment Act, 2014 (Act No.

22 of 2014), which came into operation on 1 April 2019, creates the necessary framework to determine the salaries of office-bearers of Chapter 9 institutions mentioned in the Constitution.

5.
5.

Section 8 (1) of the Commission for Gender Equality Act 39 of 1996 provides that the full time and part-time members of the Commission on Gender Equality are entitled to an annual salaries and such allowances or benefits as determined by the President from time to time by notice in the Gazette and approved by the National Assembly.

1 48 6.
1 48 6.

The President received the annual salary recommendations for the Public Office-Bearers of the Independent Constitutional Institutions from the Independent Commission for the Re- muneration of Public Office Bearers.

7.

The Commission having considered, amongst others, the State's wage bill and the impact of Public Office Bearers' salary increment on the fiscus of the country recommended a 3% salary increment for all public office bearers for the financial year 2021/22.

8.
8.

The President reports that he has taken into consideration the economic challenges the country is experiencing, as well as the current fiscal constraints and thus intended to make the determination on the matter, with effect from 01 April 2021, as follows: • Chairperson: R1 184 207 • Deputy Chairperson: R1 013 687 • Commissioners: R943 293 • Part-time members: R3 743 per day 2.
COMMITTEE CONSIDERATION The Portfolio Committee on Women, Youth and Persons with Disabilities considered, supported and approved the intended Determination by the President of the Republic, in relation to the members of the Commission for Gender Equality given the fiscal constraints.

As such, the Committee recommends that the National Assembly approve the notice determining the remuneration of the Commissioners of the Commission for Gender Equality.

Report to be considered.

2 49 4.


REPORT OF THE PORTFOLIO COMMITTEE ON WOMEN, YOUTH AND PERSONS WITH DISABILITIES ON AN OVERSIGHT VISIT TO THE EASTERN CAPE PROVINCE FROM 03 -06 JULY 2022, DATED 6 SEPTEMBER 2022 The Portfolio Committee on Women, Youth and Persons with Disabilities (hereinafter referred to as the Committee) having undertaken an oversight visit to Eastern Cape Province from 03 – 06 July 2022, reports as follows: 1.
INTRODUCTION The oversight activities of the Committee take cue from section 55(2) of the Constitution which provides that “The National Assembly must provide for mechanism - (a) to ensure that all executive organs of the state in the national sphere of government are accountable to it; and (b) to maintain oversight of - (i) the exercise of national executive authority, including the implementation of legislation; and (ii) any organ of state”.
From these provisions, it is quite clear that the Executive is obliged to account on its actions.

Oversight visits, therefore, constitute a myriad of mechanisms available to the Committee for exercising its constitutional mandate as discussed above.

1.1.

Background The Portfolio Committee on Women, Youth and Persons with Disabilities conducted an oversight visit to the families of 21 teenagers who died on 26 June 2022 in a tavern in East London, Eastern Cape Province.
Given the number of youth that have been affected by this tragedy, the Committee deemed it important that the National Youth Development Agency accompanies Members on the visit as youth is a key aspect of the Committee’s oversight mandate.

To this end, the Committee engaged with the families of the 21 young people who died in the tavern in East London in Eastern Cape Province.
Moreover, the Committee also engaged with the MEC for Transport and Safety Liaison, the Justice Crime Prevention and Security Cluster, the Eastern Cape Liquor Board and councillors from the Buffalo City Metropolitan Municipality.

The Committee also attended the mass memorial service on Wednesday, 6 July 2022 of the 21 teenagers who died.

1.2 Objectives of the oversight visit 50 The overall aim of the oversight visit: • To meet with the families of the bereaved teenagers.
• To engage with key stakeholders related to the tragic incident.

These stakeholders would include the South Africa Police Service (SAPS), the Eastern Cape Liquor Board and the National Youth Development Agency and the Buffalo City Metropolitan Municipality.

The specific objectives for the respective meetings have been outlined below: a) Meeting with SAPS • To engage with Station Commander and Designated Police Officer (DPO) for liquor regarding the Enyobeni Tavern tragedy.
• To gain insight into the process of acquiring a liquor licence for liquor outlets and more specifically that of the Enyobeni Tavern.

• To establish what mechanisms are in place to deal with complaints by the public about taverns/shebeens.

b) Meeting with Eastern Cape Liquor Board • To engage with EC Liquor Board and understand its process for issuing and rescinding liquor licences • To establish how and why Enyobeni Tavern received its liquor licence and why it was subsequently revoked.
• To determine what programmes the Board has in place to focus on youth, alcohol abuse and prevention of under-age drinking.

c) Mass memorial service To attend the mass service and represent Parliament of Republic of South Africa.

1.3 The delegation and attendance by the Executive The delegation consisted of Members of the Portfolio Committee on Women, Youth and Persons with Disabilities, Members of the Provincial Legislature, Buffalo City Municipal Councillors and the National Youth Development Agency.
2 51 Members of the Portfolio Committee on Women, Youth and Persons with Disabilities Name of Member Ms CN Ndaba Ms FN Masiko Ms T Masondo Ms A Hlongo Ms C Phiri Political Party African National Congress (ANC) (Chairperson and leader of the delegation) African National Congress (ANC) African National Congress (ANC) African National Congress (ANC) African National Congress (ANC) Mr L Mphithi Mr S Ngcobo* Democratic Alliance (DA) Democratic Alliance (DA) Ms P Sonti* Economic Freedom Fighter (EFF) The Committee was accompanied by the support staff as follows: Ms N Nobatana, Committee Secretary Ms K Abrahams, Content Adviser Ms T Matthews, Researcher (Youth) Ms N Twala, Committee Assistant 2.
SUMMARY OF PROCEEDINGS OF ENGAGEMENTS WITH THE FAMILIES OF THE BEAREVED YOUTH This section summarises the engagements that the Committee held with the families of the 21 young people who died in the tavern in Scenery Park, East London on 4 July 2022.

The Committee engaged with some of the family members of the 21 young people who died in the tragedy, conveyed messages of condolences and paid their respects to the families of the deceased.
The Chairperson of the Committee also informed the families about the purpose of the visit of the Committee as outlined above.

Each Member of the Portfolio Committee, the Members of the Provincial Legislature, Local Councillors and the National Youth Development Agency were afforded an opportunity to convey a message of condolences to families.
All Members of the Committee and Members of the Provincial Legislature offered the message of condolences and indicated the following: 3 52 • Emphasis should be placed on accountability and to hold those persons responsible • The Municipality must ensure that feedback is given back to the community on the outcome of the investigation and ensure that such a tragedy is averted in future.

The Municipality must enforce by-laws with regards to operations of the tavern/shebeens in Scenery Park.
• Delegation was also concern with 1000 taverns in Buffalo City which is very high.

• There is an urgent need to focus on programmes that focus on youth so that there are sporting initiatives and not just clubbing and alcohol for youth to turn to.

There is a need for societal approach not only government to fight substance abuse.

• There appeared to be a lack of social programmes and therefore the councillor has a role to play given that there’s no sporting activities in the area.
It was imperative to work with different stakeholders.

The Department of Social Development has a lot more to do to uplift the Scenery Park community.

• The delegation reiterated the importance of Ubuntu and that it takes a village to raise a child with the whole community and various stakeholders collaborating.

• The Office of the Premier and municipality must deal with funeral arrangements for those young people who do not reside in Scenery Park.
• The implementation of Batho Pele principles for public servants to implement services was reiterated as well.

3.

VISIT TO ENYOBENI TAVERN, EAST LONDON The Committee visited the Enyobeni tavern where the tragedy took place on 5 July 2022.

The Committee could not enter the premises as the owner was not there and the place was locked.

The Chairperson addressed the media who were outside the venue and proceeded to meeting with the Justice Crime Prevention Security Cluster on the same day.

4.
4.

ENGAGEMENTS WITH THE JUSTICE CRIME PREVENTION AND SECURITY CLUSTER The Committee engaged with the Member of Executive Committee (MEC) for Transport, Safety & Liaison and also with the Justice Crime Prevention and Security Cluster on 5 July 2022.

The Committee then explained the purpose of the oversight visit as follows: • Firstly, to meet with the families of the bereaved teenagers.

4 53 • Secondly; to engage with key stakeholders related to the tragic incident.
These stakeholders would include South Africa Police Service (SAPS), the Eastern Cape Liquor Board and the National Youth Development Agency.

• Finally, to receive a progress update on logistics and arrangements for the mass memorial service in light of concerns raised by family members on 4 July 2022 in Scenery Park Hall.
The Member of Executive (MEC) then introduced the Heads of Departments and Entities of the Justice Crime Prevention and Security Cluster namely: • Department of Transport, Safety & Liaison • Department of Cooperate Governance and Traditional Affairs • Department of Labour • Department of Home Affairs • Department of Constitutional Development and Correctional Services • Department of Basic Education • Office of the Premier • IPID • NPA • DSRAC • PSIRA • South African Police Services • South African National Defence Force • Buffalo City Metropolitan Council • Nelson Mandela Metropolitan Council • Eastern Cape Liquor Board Furthermore, the MEC provided an update on the Province’s response to the tragedy and assistance provided to the bereaved families.
The MEC noted the following key challenges: • Within the community of Scenery park, there appeared to be a lack of parenting of children and youth as the average age of parents ranges were from 23 -30 years.

These parents were youth themselves who do not have the time and or skills to parent their own children.

• Substance abuse by youth in the area.


5 54 • The overarching national legislation dealing with liquor licencing was still in process of being reviewed and that currently liquor laws differed per province.

She was also concerned that the by-laws of the municipalities enabled changes to the closing for a liquor outlet/tavern in the municipality to from 2am to 4am in the Eastern Cape Province.
To this end, she urged Parliament to examine the laws dealing with liquor at a national level and amend accordingly.

A key concern noted was not only by the number of liquor licences being as the number of liquor outlets in the municipality outnumbered the amount of schools in the area but its veracity.

In addition, the growing number of unlicensed shebeens/taverns operating illegally was also noted as a concern.
• Municipalities do not have liquor outlets profiles and that Ward Councillors should approve licences for tavern or liquor outlets to operate in their areas.

• The owner of Enyobeni tavern initially submitted a plan to the Eastern Cape Liquor Board indicating that the house/tavern will have two doors and this was approved.

The owner then changed the plan of the house/tavern to one door and operated on it without approval of the Eastern Cape Liquor Board.
• There are only 17 Eastern Cape Liquor Board inspectors who are trained to inspect the premises before licences to operate are approved for East London.

This number was exceptionally low based on the demand and actual number of taverns in operation.

• SAPS/police officials do not have powers to close that taverns/shebeens as they are not trained as inspectors and the current legislation for the Eastern Cape does not mandate them to do that.
She proposed that police officials should be trained to be inspectors and to have powers to closed taverns/shebeens that are operating illegally.

• The fronting of tavern owners/shebeens in the area.

• Most taverns/shebeens in the area are owned by South Africans but managed by foreign nationals.

The Department of Transport, Safety and Liaison, Home Affairs and South African Police Services were conducting campaigns to deal with fronting of businesses.
The MEC indicated that she would be engaging with the Department of Home Affairs to strength laws on fronting of businesses.

Furthermore, the MEC indicated that investigation into the cause of death of the 21 youth that died was under way and that SAPs was still waiting for the results from the forensic laboratory.
With respect to the memorial service arrangements for the 18 young people who fall within the Buffalo City Municipality (BCM) it was coordinated by the Inter-Ministerial Committee established by the Premier of the Province.

The Committee was informed that the other 3 young 6 55 people would be buried outside BCM and that these families would also be assisted with the transport of the bodies of their young ones.
In terms of preparation for the mass memorial service, the MEC indicated that the following departments had made the following donations: • SABS – contributed R5000 per household • Eastern Cape Liquor Board – contributed R2000 per household • AVBOB – contributed coffins to each family members • Buffalo City Municipalities – contributed graveyard • Office of the Premier and the Department of Basic Education – contributed towards catering for 3000 people • Department of Transport- contribute to transport families to bury their children who are residing outside Buffalo City Municipality in their respective areas.
4.

ENGAGEMENTS WITH THE JUSTICE CRIME PREVENTION AND SECURITY CLUSTER 4.1 Presentation by the South African Police Services (SAPS) The presenter indicated that 21 persons died on account of what transpired at Enyobeni tavern, Scenery Park at 02:15 on 25 June 2022 all of which was captured on the tavern’s CCTV cameras.

The footage was recorded on two Digital Video Recorders, for the ground floor and one for the top floor.
Based on the time and date stamps on the recorded footage, it appeared the first person passed away approximately 02:15 AM on Sunday.

Subsequently people (patrons) can be seen bringing persons from the ground floor to the top floor.

The persons appeared to be incapacitated and were probably already deceased by then.

Some people were shaking and slapping these incapacitated / dead persons in apparent attempt to revive them, but in vain.

It would appear that the tavern was clearly overcrowded.
The presenter also indicated that an ambulance arrived at the crime scene at approximately 04:15, about two hours had elapsed since the first person collapsed.

An Inquest Docket vide Scenery Park CAS 121/06/2020 was opened since the cause of death was unknown.

An Investigation Team was appointed to investigate this case and is guided by District Commander of BCM Detectives, Brigadier Mqotyana.

The crime scene was processed by Provincial and National Forensic experts.
The post mortems on all the victims were finalised on that same day 7 56 and biological samples were sent and delivered to the forensic laboratory for toxicological analysis.

A request for the determination of the alcohol content was also requested.
The presenter indicated that the briefing from one of the pathologists indicated that the stomach contents indicated the victims ate different foods so the food consumed was not a common factor and the pathologist did not want to be drawn into a specific cause of death, but he was of the opinion that a stampede as a cause could be ruled out as the trauma sustained by the victims did not support such a conclusion.
The pathologist stated that the victims only had superficial injuries to their faces and heads, most likely because they fell on their faces and heads when they passed out.

The abrasions noted could also have been as a result of the slapping and shaking attempts to revive the deceased.

According to the presenter, the pathologist indicated that there were signs that the victims suffered asphyxiation as some had foam coming from their mouths and noses.
Some of the deceased had signs of petechial haemorrhage.

Nevertheless, the Committee was cautioned that they should wait for the toxicology report.
The presenter also indicated the following cases were also registered in relation to the Enyobeni Tavern: • Scenery Park CAS 129/06/2022 where Liquor Board opened a case for the Contravention of the Eastern Liquor Board Act against the registered owner for selling liquor to underage persons • The tavern owner was also issued with a fine for operating outside of their operating times.
The Private Security Industry Regulatory Authority (PSIRA) opened the following cases: • Scenery Park CAS 140/06/2022 against the registered owner for the Deployment of Security (bouncers) not registered with PSIRA • Scenery Park CAS 139/06/2022, CAS 141/06/2022 and CAS 142/06/2022 against the Bouncers for rendering security services without being registered under PSIRA.
Furthermore, the presenter indicated that there were allegations that the bounces sprayed pepper spray into the patrons, but the bouncers denied having done so and indicated they sprayed water.

The Investigative Officer suggested that the vessel from which the water was sprayed must be 8 57 produced to confirm their story.

A search warrant was obtained and pepper spray was found and confiscated at one of the homes of the bouncers.
The presenter indicated that the victims were identified by their families and that the youngest victims were between 13 and 14 years.

The Inquest docket, the forensic reports, report of the fire department the report of the SA Bureau of Standards (in terms of the generator used carbon monoxide emission were all still outstanding.

The case dockets with the additional charges had been perused by a panel of three prosecutors and returned on 2022/07/04 with issues that needed to be dealt by SAPS.
4.2 Presentation by the Eastern Cape Liquor Board The Chief Executive Officer (CEO) presented on behalf of the Eastern Cape Liquor Board (ECLB).
The presentation covered the following: • Introduction • License application process • Application process: Enyobeni tavern • On & Off trading conditions • Application of Section 55 notice • Liquor By-laws • Number of licenses in Buffalo City Metropolitan Municipality The CEO indicated that the Eastern Cape Liquor Board’s (ECLB) processes to issue a liquor licence are set out in the Eastern Cape Liquor Act 10 of 2003 and associated Regulations (Act).
The ECLB is considered a “creature of statute” and is required to act within the confines of its enabling legislation.

The processes inherent in a new liquor licence application are set out in section 22 of the Act.

Furthermore, the CEO outlined the process of licence application and the application process of Enyobeni Tavern and the on & off trading conditions.
According to the CEO, the applicant (Enyobeni tavern owner) lodged an application with the ECLB on the 2nd of December 2011 to trade in the retail sale of liquor for “on and off consumption” (tavern) under the trading name of Enyobeni situated at 37300 Phase 1, Scenery Park, East London.

On the 12th of December 2011, in accordance with Regulation 4 of the Act, the ECLB gazetted the notice of the application to the public.
The notice included the category of registration applied for and the address of the proposed outlet in the Eastern Cape Provincial Gazette.

The CEO noted that this public advertisement is twofold, firstly to inform the public including government entities of the pending application and secondly to solicit any objections 9 58 to the liquor licence application.

She indicated that no objections were received from the community.
The CEO also indicated that the Eastern Cape Liquor Act requires the applicant to serve a form 2 notice to the Ward Committee of the Ward in which the proposed outlet is intended to operate.
Section 22 (2) (d) (i) of the Act mandates the Ward Committee to: (d) proof of service of the notice contemplated in the prescribed manner on the- (i) ward committee which must on receipt of the notice consult the community of the area where the premises are situated and simultaneously submit a report to the board and the relevant municipal council; and To this end, the form 2 notice was received by the then Ward Councillor, the Chairperson of the Ward Committee and Receipt of the Form 2 Notice legally mandates the Ward Committee to convene a community consultation and to submit a report to the ECLB and the relevant Municipal Council.
The CEO indicated that there was a submission of two community consultation reports to the ECLB, one from the then Ward Councillor and one from the then Ward Committee confirming that the community was consulted and there were no objections hence the application was supported.

With respect to the community consultations, the CEO indicated that this mechanism was also designed to ensure that the Local Authority is notified about the liquor licence application.
The CEO emphasized that the aspect of zoning, land use and approved building plans was not raised as an objection in the aforementioned reports.

The ECLB conducted pre-registration inspection to verify the authenticity of the information provided to the Board and a report in this regard was submitted for Board consideration and the license was approved with trading conditions.
The CEO also indicated that the Act confines the ECLB to issue a liquor licence when all the legislative requirements as detailed in section 22 of the Act are met.

There is no expressed requirement for proof of zoning, land use or building plans to be submitted by the Applicant to the ECLB.
Hence, the legislative mechanisms of gazetting the public notice and the legislative duty placed on the Ward Committee is designed to allow the relevant persons and local authority to lodge its objections with the ECLB.

The CEO noted that there were no objections received from the Local Municipal Authority, community members or any other person.

In the absence of any objections and having met all the requirements of the Act, the license was granted.
10 59 The CEO indicated that after a license is granted, it is followed up by the post-registration inspections.

The purpose of these inspections is to check if the trader is still in compliance with the trading terms and condition.

The post registration inspections were conducted throughout the period and the last was conducted in 2020.

SAPS conducted the inspection on the outlet in 2021 and provided ECLB with the report.
The CEO also explained the application of Section 55 Notice and indicated that the ECLB holds minimal legislative avenues to cancel or suspend a liquor licence.
One such provision is section 55 which reads: - “Closing of registered and other premises.-(1) An inspector or the chairperson of the board may, if he or she is of the opinion that a public disturbance, disorder, riot or public violence is occurring or threatening at or near any registered premises or any premises on or place in which liquor may be sold without a registration, in such manner as may appear to him or her in the circumstances of the case to be the most effective, order the registered person or the person concerned, as the case may be, or the manager or agent of the person, to close the premises or place concerned during the times or for the periods that the inspector or member may deem fit.” To this end, the CEO indicated that the duration of the suspension remains at the discretion of the ECLB.
She also indicated that the ECLB is pursuing the route to cancel the licence by means of Sections 28 and 29 of the Act.

Furthermore, the ECLB had laid criminal charges against the Registrant in terms of Section 38 read with Section 61 of the EC Liquor Act.

In addition, the CEO also explained the liquor By-laws and indicated that he Buffalo City Metro Municipality (BCCM) holds a liquor trading hours’ by-laws as published in December 2013.
Thus Section 42 of Eastern Cape Liquor Act mandates the Board to comply with the by-laws of the municipality concerned where the outlet is located.

In the case of BCMM, there are by-laws as stated above but the ECLB had concerns in respect of the departure applications which are specified in schedule 1 of the BCMM by-laws.

These departure applications extend trading hours beyond the time set in the by-laws.

In the case of BCMM, there are 102 such applications.
In conclusion, the CEO indicated that the number of licenses approved in the BCMM were as follows: • BCMM active outlets is 1 120 • Scenery Park outlets is 20 as follows: - 19 is on and off consumption 11 60 - 1 is off consumption.

4.3 Provincial Department of Social Development The Head of Department (HOD) indicated that the Department through its district office became involved soon after the news of the tragedy emerged.

According to the HOD, Social Workers visited families individually and in groups.
He also indicated that the Department developed a plan in response to the tragedy of what had to be done to deal with the issue such as the development of Drug Master Plan to deal with substance abuse by young people.

The Department also conducted an assessment of the families and identified that families required psycho-social support and social relief of stress needs all of which would be provided by the Department.
The Department committed that it would coordinate activities of the Drug Master Plan after the funeral of 21 youth.

In addition, the HOD also indicated that the Department allocated R8 million for 8 Districts towards social distress relief.
Procurement processes were underway after the court case on social relief had clarified the matter 4.4 Provincial Department of Basic Education The Head of Department (HOD) indicated that the Department assigned district officials to ascertain whether the youth involved were scholars even though the tragedy happened outside school premises.

The Department contributed towards catering for 1000 people for the mass memorial service with the support received from donors.
Furthermore, the Department emphasized the importance of focusing on the causal factors that led to the tragedy and the family as a nuclear unit.

To this end, the Department reiterated that more should be done to restoring the family culture in order to deal with societal issues.

In addition, the HOD emphasized the need to have profiles of various household and ensure children are receiving suitable education without detaching them from their families e.g.
by ensuring that children stay in hostels during school terms The Department also committed to looking into implementing winter schools that will focus beyond Grade 12 learners.

4.5 Department of Transport, Community Safety & Liaison The Head of Department (HOD) indicated that the Department developed the Provincial Safety Strategy which took into account existing strategies, policies imperatives and the State of the Provincial Address.
The Strategy has 6 pillars as follows: • Pillar 1: An Effective Criminal Justice System: To eensure an efficient, responsive and professional criminal justice sector that improve public confidence in the Criminal 12 61 Justice System as it is a necessary and important step in preventing crime and increasing levels of safety.
• Pillar 2: Early Intervention Programmes to Prevent Crime and Violence and Promote Safety: Comprehensive and Integrated Delivery of Early Interventions Programmes to Prevent Crime and Violence.
• Pillar 3: Victim support: Provide comprehensive integrated services to victims of crime and violence and redress of barriers faced by vulnerable groups through active participation by communities in victim support interventions • Pillar 4: Effective and integrated service delivery for community and the prevention of crime and violence (Provincial Government Service Delivery Improvement Plans): Access to Comprehensive Crime and Violence Prevention and Safety and Security Services • Pillar 5: Safety Through Environmental Design: Integrates Crime Prevention through Environmental Design approaches and methodologies • Pillar 6: Active Public and Community Participation: Sustainable Forums for Co- ordinated and Collaborative Action on Community Safety 5.
Observations Having engaged with the families of the bereaved, the MEC for Transport, Safety & Liaison and the Justice, Crime Prevention and Security Cluster, the Committee made the following observations: 5.1 General Observations • The Committee remained resolute that the Enyobeni tragedy should be avoided in future from ever having to reoccur.

• The Committee was concerned that there was insufficient enforcement of by-laws in relation to tavern operations.
• The Committee noted with concern a media report that indicated there were over a 1000 licenced taverns in Buffalo City which is very high with only 17 liquor inspectors.

• The Committee indicated that there was an urgent need for programmes that focus on youth so that there are sporting and other recreational initiatives to divert from merely clubbing and alcohol consumption.

• The Committee noted that Scenery Park appeared to be an impoverished community with high unemployment.
To this end, the Committee was concerned that there appeared to be a lack of social programmes being implemented by the Buffalo City Municipality (BCM).

Therefor the local Councillor had a crucial role to play in this regard given that there appeared to be no sporting activities.

13 62 • The Committee reiterated the importance of intersectoral collaboration with various stakeholders’ key of which was the Department of Social Development.
• The Committee reiterated the importance of Ubuntu and that its takes a village to raise a child and as such the whole community plays an integral part in the stakeholder collaboration.

• Having engaged with the some of the family members of the deceased, the Committee indicated that the Office of the Premier (OTP) and municipality should deal with funeral arrangements of those children that died who do not reside in Scenery Park.
The Committee emphasized the importance of ensuring that all families were treated equally.

• The Committee reiterated the importance of implementing Batho Pele principles for public servants to implement services having heard from family members how they were treated and felt that it was a disservice.

• The Committee maintained that there is a need for societal approach to fight substance abuse and not only Government.
5.2 ENGAGEMENTS WITH THE JUSTICE CRIME PREVENTION AND SECURITY CLUSTER • The Committee enquired whether the delegation from the Buffalo City Municipality was part of the meeting of 5 July 2022.

• The Committee noted that only 18 families will be assisted with funeral arrangements and enquired as to who will assist the other 3 family members with funeral arrangements.
• The Committee also noted with disappointment the conduct of the Deputy Mayor of the Buffalo City Municipality in the meeting that was held between the Committee and families of the bereaved.

The Committee was also concerned about the behaviour of local councillors in the meeting with the families.

The Committee was concerned that the Deputy Mayor questioned the presence of the Portfolio Committee on Women, Youth and Persons with Disabilities at the meeting.
• The Committee was also concerned that there was lack of coordination and proper communication with members of the families regarding the funeral arrangements undertaken by the municipality.

• The Committee was concerned that there was no proper coordination in terms of providing letters from police stations on the cause of death of the deceased.

5.3 South African Police Services (SAPS) • The Committee welcomed the report of the SAPS.
14 63 • The Committee queried what the precise time was of the 1st call that was recorded and questioned at what time the police eventually arrived at the crime scene.

The Committee was concerned that the response time was inadequate and too slow.

• The Committee asked how many bouncers were on site when the police arrived at the tavern on the night of the tragedy.

• The Committee queried whether there is a ratio of bouncers that must be on site and whether the police investigated such issues.
• The Committee questioned who investigates crowd control in taverns and whether there is a role played by the Community Police Forums in the tragedy.

• The Committee asked what is the regulation in terms of checking the age of young people drinking in taverns as the concern was that the majority of patrons were under-age and that this was not policed.
• The Committee enquired whether SAPS was ware of community complaint/reports with regards to Enyobeni taverns and why were these complains were not submitted to the ECLB.

The Committee noted with concern that community members had raised numerous concerns about the tavern with the local police station but that these were not addressed.

• The Committee questioned whether there is a designated police official to deal with taverns in service police stations and in Scenery Park specifically.
• The Committee noted that the families of the bereaved indicated that the police took too long to intervene in the Enyobeni tragedy and sought clarity in this regard.

• The Committee noted with concern that have visited the Enyobeni tavern earlier that day, the neighbourhood was deserted which was unusual.

This brought into question whether the community was being intimidated.

5.4 Eastern Cape Liquor Board (ECLB) • The Committee welcomed the report of the ECLB.
• The Committee was concerned about the community consultation process and questioned how the ECLB verified processes to check whether the community agreed to the establishment of a liquor outlet/tavern.

• The Committee asked what the report conducted in 2021 by SAPS entailed.

• The Committee questioned whether there was any form of training provided for managers at tavern/liquor outlet to manage the taverns.

The concern was the person applying for the liquor license would not always be managing it.
15 64 • The Committee asked what links have been established between the ECLB and the BCMM to deal with taverns given the concern noted about the Enyobeni’s physical structure.

• The Committee was concern that the tavern has only one door and that it is located on a small erf which brought into question the legality of the physical structure that was erected.
• The Committee was also concerned that there is also a one-way road leading to the premises/tavern and enquired whether the ECLB checked the premises before approving the license to operate.

• The Committee queried how the Board monitors activities and conditions of the tavern/liquor outlets.

• The Committee was concerned that the Board approved the license for Enyobeni tavern without inspecting the premises and questioned whether all processes were followed to acquire the license.
• The Committee was also concerned that the Board relied on a Ward Councilor to receive the information from the community without having verified the information.

As such, the Committee questioned how the Board reached its decision if they relied on other persons to provide information without adequate verification.
• The Committee questioned how frequently the inspectors ensured what was submitted in the application was a true reflection of what has been submitted to the Board and whether the tavern/liquor outlet complied with the requirements to establish the tavern.

• The Committee was concerned about the excessive number of liquor outlets/taverns operating in Scenery Park.
• The Committee noted that the Board has only 17 inspectors across the Province and enquired whether there were any plans to employ more inspectors to conduct more stringent inspections given that there were 1120 liquor outlets in the area.

• The Committee questioned whether the Board conducted its own inspection when considering and approving renewal of license for the tavern.

• The Committee questioned whether the tavern/liquor outlets were selling legitimate liquor to consumers/customers.
• The Committee enquired about the cost of the fine issued to the tavern owner by ECLB.

5.5 Provincial Department of Social Development • The Committee noted an article in a newspaper indicating that the Provincial Department of Social Department returned money to National Treasury which was allocated to 121 families for food parcels and requested more information on the matter.
16 65 • The Committee noted with concern that the families in fact did not receive any counselling or psycho-social support and this was only to be provided after the funerals.

• The Committee noted with concern that the psycho-social support should not only be limited to the families of the deceased but to all the patrons who attended Enyobeni the night of the tragedy.
5.6 Provincial Department of Basic Education • The Committee asked what plans does the Department had to assist survivors of the tragedy as the role of education was key.

• The Committee also questioned what the plans of the Department to develop sports & recreation for learners as this appeared to be lacking in the area which was concerning.

6.
6.

CONCLUSION The Chairperson thanked the MEC for Transport, Safety & Liaison for engaging with the Committee and for assisting in coordination and organising the Committee’s visit to Enyobeni tavern as well as the engagement with the Justice, Crime Prevention and Security Cluster.

The Chairperson also thanked all stakeholders who attended the meeting with the Committee to achieve the objectives of the visit.

7.
RECOMMENDATIONS Having engaged with the families of the bereaved, the MEC for Transport, Safety & Liaison and the Justice, Crime Prevention and Security Cluster, councilors from the BCMM, the Committee made the following recommendations: 7.1 General recommendations • The Committee would write to the Premier and the MEC for COGTA in the Eastern Cape province to raise concerns experienced regarding the conduct and behavior of the Deputy Mayor and the Councilors during the meeting with the families of the deceased.
• The Committee would hold a joint meeting with the Portfolio Committee on Trade & Industry and Competition to engage on progress with regards to the Liquor Amendment Bill with regard to the change to the minimum legal age for drinking.

17 66 • The Eastern Cape Government should support the initiative by the Department of Social Development to build the family culture by providing financial and human resources for this initiative.
• The Provincial Department of Social Development and Provincial Basic Education should respond in writing to the Committee to the questions/comments that were not responded to.

• The Committee would send in writing questions to other departments and stakeholders especially to those departments dealing with youth issues.

7.2 Engagements with the Justice Crime Prevention and Security Cluster • The MEC should assist with the families who would bury their children outside Buffalo City Municipalities.
7.2.1 Provincial Department of Basic Education • The Department should include activities in their curriculum during school holidays for youth.

• The Department should work with other Departments such as the Department of Social Development to develop recreational activities for children during school holidays.

• The Department should ensure that sports facilities for children are established in schools.
7.2.2 South African Police Services • The role of SAPS in responding to contraventions of the Eastern Cape Liquor License Act must be reassessed.

• SAPS must respond in writing to concerns raised about the slow response to complaints by the community regarding the Enyobeni tavern on the night of the tragedy.

7.2.3 Eastern Cape Liquor Board (ECLB) • The ECLB should develop a monitoring tool to assess the reliability and effectiveness of community consultations undertaken in the liquor application process.
• The ECLB should implement stringent processes to ensure adequate community consultations take place during the liquor application process.

• The ECLB should submit inspections report conducted for Enyobeni tavern to the Committee.

18 67 • The ECLB should also send/forward the amended Eastern Cape Liquor Act to assist the Committee to engage with the Department of Trade, Industry and Competition.

• The ECLB should review its process for approving licenses to taverns.
7.2.4 Department of Social Development • Psycho-social support should be provided to the families of the deceased and all youth affected by the Enyobeni tragedy.

Report to be considered.

19 68 5.


REPORT OF THE PORTFOLIO COMMITTEE ON WOMEN, YOUTH AND PERSONS WITH DISABILITIES ON AN OVERSIGHT VISIT TO THE NORTH WEST AND GAUTENG PROVINCES FROM 18 – 23 APRIL 2022, DATED 06 SEPTEMBER 2022 The Portfolio Committee on Women, Youth and Persons with Disabilities (hereinafter referred to as the Committee) having undertaken an oversight visit to North West and Gauteng Province’s from 18 – 23 April 2022, reports as follows: 1.
INTRODUCTION The oversight activities of the Committee takes a cue from the provisions of section 55(2) of the Constitution (1996) which provides that “The National Assembly must provide for mechanism - (a) to ensure that all executive organs of the state in the national sphere of government are accountable to it; and (b) to maintain oversight of – (i) the exercise of national executive authority, including the implementation of legislation; and (ii) any organ of state”1.
The Constitution places an obligation to the Executive to account on its actions, thus the National Assembly must set up mechanisms to hold them accountable.

Therefore, the Portfolio Committee on Women, Youth and Persons with Disabilities considers site visits where implementation of legislation and policies takes place as a useful technique for oversight.

1.1.
1.1.

BACKGROUND The Portfolio Committee on Women, Youth and Persons with Disabilities (hereafter the Committee) agreed to conduct oversight in two provinces namely; North West and Gauteng.
The oversight visit emanates from observations made by the Committee concerning key issues that emerged during the quarterly report briefings and during annual reporting by the Department of Women, Youth and Persons with Disabilities (hereafter the Department), the Commission for Gender Equality (CGE) and the National Youth Development Agency (NYDA).
In addition, cognisance was also taken of the recent engagement with the South African Human Rights Commission on its report pertaining to children with disabilities in 1 69 special schools as well as the various reports by the CGE on shelters and visits to police stations and Thuthuzela Care Centres (TCCs).

The key issues that emerged in the Committee meetings served as an impetus for the oversight.
These issues related not only to administrative concerns (office and accommodation, ICT) but also the implementation of the core programmes across all three institutions the Committee oversees.

For example, the scourge in gender-based violence and femicide and the implementation of the National Strategic Plan (NSP) on Gender-Based Violence and Femicide (GBVF); the roll-out and effectiveness of the Sanitary Dignity Programme; disability related matters and services rendered by the NYDA.
The Committee has not been fully able to analyse the programmes of the Department, the NYDA and the CGE except in reports submitted.

Therefore, actual visits provide an opportunity for the Portfolio Committee to gather empirical evidence of the successes and constraints for each programme.

The Committee would also become better informed having engaged directly with beneficiaries and stakeholders.
In so doing, the envisaged visit created avenues for the Committee to interact with rural, peri-urban and urban communities about the following: • gender-based violence and femicide (which included but not limited to access to rape kits at police stations, services rendered at Thuthuzela Care Centres, services rendered at specialised courts, access to shelters), • services rendered through NYDA offices and assessment of youth-owned businesses supported by the NYDA; • implementation of the Sanitary Dignity Programme – assessment of SDP value chain; • concerns raised about safety of children with disabilities at specials schools and engagement with disabled people’s organisations, 1.2 Objectives of the oversight visit The overall aim of this oversight visit was twofold; firstly, to create a platform for the Committee to assess the progress and outcomes of specific programmes by the Department, the NYDA and the CGE in addressing GBVF, gender equality and youth unemployment.
Secondly; it sought to assess the progress made on the implementation of recommendations contained in research reports of the CGE related to GBV and the SAHRC on children with disabilities in particular.
2 70 Particular objectives were as follows: 1.3 With respect to the Commission for Gender Equality (CGE): • To assess the CGE’s management and infrastructure of the provincial offices; • To assess how matters related to complaints from civil society are dealt with at the provincial offices; • To assess specifically the implementation of the recommendations outlined in the CGE’s Shelter report and engage with relevant stakeholders; • To undertake follow-up visits with the CGE Provincial Commissioner at police stations, Thuthuzela Care Centres, specialised courts) to assess progress made on the recommendations proposed by the CGE; and • To follow-up on outstanding matters identified by the Committee that related mainly to governance, human resources, finance and administration.
1.4 With respect to the National Youth Development Agency (NYDA): • To assess the NYDA’s management and infrastructure of the provincial offices; • To assess how services are rendered to youth at the provincial offices; • To assess businesses funded by young entrepreneurs and engage with youth; and • To interact with young people receiving training and young people placed in JOBS.
1.5 With respect to the Department • To assess the Department’s management and infrastructure of the head office; • To assess the factors facilitating and or constraining the success of the Sanitary Dignity Programme (SDP) in a province by engaging with key stakeholders; and • To enquire about the roll-out of the SDP within the province and assess the SDP value chain and how it has manifested within a province (by engaging with the service provider/s responsible for manufacture/production, storage and distribution of sanitary products).
3 71 1.6 With respect to the SAHRC • To assess what progress has been made in giving effect to the recommendations contained in the “Report of the North West Provincial Investigative Hearing into the Lack of Safety and Security Measures in Schools for Children with Disabilities in South Africa” by visiting the North West School for the Deaf; and • To engage with key stakeholders and identify what the subsequent improvements and challenges have been since the investigation by the SAHRC.
1.7 The Committee delegation, attendance by the Executive; stakeholders and support staff The delegation consisted of Members of the Portfolio Committee on Women, Youth and Persons with Disabilities, North West Provincial Department of Education, South African Human Rights Commission, teachers from the North West School for Deaf, Commission for Gender Equality, National Youth Development Agency, staff of Grace Help Centre, staff of Ikaya Lethemba, Temba Police Station Management and Minister and officials from the Department of Women, Youth and Persons with Disabilities.
Members of the Portfolio Committee on Women, Youth and Persons with Disabilities Name of Member Political Party Ms CN Ndaba Ms FN Masiko Ms T Masondo Ms A Hlongo Ms C Phiri Ms B Marekwa Mr L Mphithi Ms N Sharif African National Congress (ANC) African National Congress (ANC) African National Congress (ANC) African National Congress (ANC) African National Congress (ANC) African National Congress (ANC) Democratic Alliance (DA) Democratic Alliance (DA) Ms NF Hlonyana Economic Freedom Fighter (EFF) 4 72 Support staff in attendance: Ms N. Nobatana, Committee Secretary Ms N. Twala, Committee Assistant Ms K. Abrahams, Content Advisor 2.
SUMMARY OF PROCEEDINGS OF ENGAGEMENTS WITH THE PORTFOLIO COMMITTEE This section provides an overview of the engagements that the Committee held with the North West School for Deaf, the South African Human Right Commission (SAHRC), the North West Provincial Department of Education, the Commission for Gender Equality (CGE), the National Youth Development Agency (NYDA) and the Department of Women, Youth and Persons with Disabilities, including site visits to entrepreneurs, shelters, a police station and women with a disability in Gauteng Province.
2.1 Visit to the North West School for the Deaf, Leeudoringstad The Chairperson of the Committee outlined the background and the purpose of the visit to the school.

She further indicated that the South African Human Rights Commission presented the Report of the North West Provincial Investigative Hearing into the Lack of Safety and Security Measures in Schools for Children with Disabilities in South Africa to the Committee.
The purpose of the visit was thus to assess what progress was made in giving effect to the recommendations contained in the report and to engage with key stakeholders and identify what the subsequent improvements and challenges have been since the investigation by the SAHRC.

2.1.1.

Highlights by the South African Human Rights Commission The Legal Officer from the SAHRC reported on the progress to date made in the school.
He indicated that SAHRC launched the report on 8 August 2019 at North West School for the Deaf, North West Province.

During the launch of the Report, the Head of Department of the North West Province –Department of Education affirmed the Department’s commitment to implement the recommendations contained in the Report.

The SAHRC provided an 5 73 overview of its monitoring process since the investigation was done and the outcomes hereto.
Broadly, the SAHRC’s monitoring revealed the following: • The Department of Basic Education and North West Department of Education did not comply with their obligations to report to the Commission on the implementation of the Report.

• The shortage of educators, teacher assistants and hostel staff remains a challenge in Special Schools.

• There is lack of access to adequate healthcare services arising from the shortage occupational therapist, nurses and all therapeutic personnel.
• No certainty about the checking of any persons in contact with learners with disabilities against the registers in the Children’s Act and the Sexual Offences Act.

• Schools physical infrastructure, save for North West School for the Deaf, does not meet all legislative norms and standards to accommodate learners with special needs.

2.1.2.
2.1.2.

Presentation by the Provincial Department of Education The Deputy Director – General (DDG) of the Department of Education, North West Province provided an overview of progress made in implementing the SAHRC recommendations.

These included: i. ii.

iii.

iv.

renovations of the school, accessible entrance and exit routes for emergency basic fire extinguishing equipment adequate fire, safety and security equipment v. fire prevention training vi.
mock emergency drills were done 2.1.3 Key challenge identified by the NW Department of Basic Education • Retaining teachers and attracting staff as the school was a challenge given the it is located in a rural/farm area.

• In addition, the Provincial Department of Education also faced serious challenge with regards to compensating “ghost” teachers and are currently investigating the 6 74 matter.
Hence the departments lacked the requisite educators in terms of vacant posts but the compensation of employee budget was fully utilised.

2.1.4 Progress and interventions • The DDG indicated that the Department has put in place a strategy to attract requisite staff with relevant skills with emphasis placed on attracting local people to assist in the school.

• The DDG also indicated that the school spent R50 million to procure assistive devices for learners for the financial year 2021/22.
2.1.5 Presentation by NW School for the Deaf and the District Team The presentation of school was presented by the school principal and included the following: (i) Status of the school ITEMS CURRENT STATUS PROGRESS/INTERVENTION Number of 140 Second year of Grade 12 enrolment learners Number of 14 PL1 educators All vacant management posts advertised teachers 1 PL2 Educators Closing date 22 April 2022 0 PL3 I PL4 Professional No professional nurse Recruitment processes completed.
support staff No Speech Therapist Awaiting appointment letters /Audiologist Interpreter No interpreter Post advertised.

Closing date 22 April 2022 Hostel No Matrons and House Deaf GSA were appointed however in the support staff Fathers Phase lll of the Presidential Initiative they were not re-appointed because they receive Disability Grant.
(ii) School Governing Board (SGB) Functionality 7 75 ITEMS CURRENT STATUS PROGRESS/INTERVENTION SGB Elections complied The full complement of RCL Training: 22/02/2022 with section 24 of SASA the SGB is constituted.

SGB Office Bearers meeting: 15/03/2022 SGB meeting 2nd quarter Elections of the Office Reshuffle of the SGB Office 14/05/22 Bearers for the following Bearers Interpreter No Interpreter Post advertised year.
Closing date 22 April 2022 (iii) Stakeholder involvement ITEM CURRENT STATUS PROGRESS/INTERVENTION SAPS, DSD Emotional Abuse cases: 28/02/2022 Matter still with the Police Thuthuzela Alleged Sexual Assault: 05/03/2022 Parental involvement Centre Inclusive Psychosocial support of the victims.

Education Form 22 completed and submitted to services District Education DSD and Education.

Magistrate Courts; the alleged perpetrator appears today.
DSD Life Orientation Programmes – Teenage Pregnancy PanSALB every Friday.

Substance abuse SASL training for Parents: 04/04/2022 Health Local Clinic Various ailments Covid-19 Vaccination of learners: 12/04/20225 (iv) Benchmarking With respect to benchmarking, the official from the district management team indicated that: • The District-based Support Team visited schools for the Deaf in the Gauteng Department of Education, namely, St Vincent School for the Deaf and Sizwile School for the Deaf.
8 76 • The purpose of the visit was to benchmark on Safety of learners, Curriculum support, resources used to enhance teaching and learning for deaf learners and Human Resources so as to implement the recommendations of the SAHRC.

(v) Alternative methods of assessment In term of alternative methods of assessment for deaf learners, standard concessions for all deaf learners applied and that was in the form of adapted question papers.
Furthermore, additional application for the following could also be sort such as extra time, adapted font, request for a Scribe and rest breaks.

Concession applications are based on co-morbidities.

(vi) Recommendations of the SAHRC for PED DISTRCIT BASED RECOMMENDATIONS PROGRESS Ensure accessible entrance and exit for Entrance at NWSSD is accessible for emergency personnel and vehicles.

emergency personnel and vehicles.


Training to staff and other officials in fire Training was last done in 2019 and due to prevention, use of fire extinguishing COVID 19 no further scheduled training equipment, emergency evacuations.

took place.

fire extinguishing equipment's are regularly serviced and water tanks are always kept full with water.

Training was last done in 2019 and due to Last done in 2019 COVID 19 no further scheduled training took place.
fire extinguishing equipment's are regularly serviced and water tanks are always kept full with water Fully stocked first aid boxes.

The SBST meeting convened on the 12/03/2022, resolved on the provision of additional first aid boxes to cater for all hostels.

The Committee is representative of all stakeholders.

Filling of outstanding vacant posts.

Vacant posts of Professional Nurse and Speech Therapists are awaiting 9 77 RECOMMENDATIONS PROGRESS appointment letters.
Vacant posts of Deputy Principal, 3 x Departmental Heads & Interpreter are currently advertised.

Closing date 22/04/2022.

SGB compliance & properly constituted.

SGB is properly constituted and complies with the provisions of the SASA section 24.

Registers in the Children’s Act and Sexual Collaboration with DSD Offences Act (vii) Challenges CHALLENGES INTERVENTION Retention of qualified Educators, proficient Rural allowance (not allocated) in SASL.

Only 3 qualified SASL educators out of 12 remaining.
SASSA grant vs Teaching and Learning Learners’ families are dependent on the Care dependency/ Disability grant and learners from all grades arrive 2 weeks after re-opening of schools to sort out grant payments.

Hospitality Studies Equipment lacking Twinning with other local Secondary school which offer the same subject for practicals.

Learners with additional disabilities which Profiling of learners.

includes SID.
Parental involvement No Matrons and House Fathers –Support Advertisements and appointments Applying for curriculum extension staff at hostels Late appointment of personnel after the Timeous Appointment by provincial HR recruitment processes (some submissions done 2 years back) Feeder school offering CAPS and D-CAPS Apply for curriculum extension to cater for SID/ MMID learners 10 78 2.2 Visit to Commission for Gender Equality Provincial Offices in Mahikeng, North West Province 2.2.1 Input by CGE Chairperson The Committee was welcomed by the Chairperson of the Commission to the office and indicated the mandate of the CGE followed by a broad overview of the structure.
She further indicated that the CGE has 84 support staff including Commissioners and that the Commission had a high staff turnover and high vacancy rate.

However, the CGE had adopted a recruitment plan to deal with high vacancy rate.

2.2.2 Commissioners deployed to NW The Commissioner deployed in North West Province provided an overview of the CGE services rendered which comprised of Public Education and Information, Resource Centre and Communication Departments.
The NW office received an equitable share of the budget.

It focused on largely on customary and traditional marriages and issues of gender-based violence an femicide (GBVF); programmes at schools to deal with GBV in schools and engagement with communities in rural areas on issues related to GBVF.

Furthermore, the Commissioner noted that meetings were held with the North West Department of Basic Education in the Province on learner pregnancy given the high rate.
2.2.3 Overview by NW Provincial Manager The Provincial Manager of the Commission presented the programme of the North West Provincial Office to the Committee.

The presentation included the following: (a) Execution of the mandate • The role of the Provincial Manager is to build stakeholder relations and co-ordinate the provincial office in order to reach the objectives of the Annual Performance Plan.
• The role of Public Education and Information is to foster public understanding of the CGE and gender equality through information and advocacy initiatives.

• The Legal Department’s main function is to attend to complaints handling, court monitoring and holding of public investigative hearings.
11 79 (b) CGE staff component • Commissioner responsible for the province: Commissioner Sediko Rakolote • Back – up Commissioner: Commissioner Nomasonto Mazibuko • Back – up Commissioner: Commissioner Nthabiseng Sepanya/Mogale • Provincial Manager: Ms. Joyce Khutsoane • Office Administrator: Mr. Malepa Medupe • Legal Officer Assisting North-West – Mr. Masilo Letsoalo • Acting Office Assistant: Mrs Pulane Ndou The Provincial Manager was appointed on 1 March 2021 for the North West Province and the Office Administrator was appointed on the 1 May 2021.
It was a very challenging financial year for the office as all the staff members resigned prior to March 2021and the previous Office Assistance passed on 1st June 2021.

Notwithstanding that, the office managed to achieve the targets as stipulated in the APP 2021/2022 financial year.
(c) Overview of NW CGE • The CGE in the Province is a member of the Trafficking in Person (TIP) Provincial Task Team and they held numerous public awareness session on TIP to taxi ranks in areas such as Rustenburg, Klerksdorp and Botswana Border Post sharing information and also distributing pamphlets.

• The CGE is part of the Victim Empowerment Programme Forum (VEP) in the North West Province.
The Department of Social Department is the lead department working together with other Government Departments such as SAPS, Department of Social Development, Department of Health, Department of Education, Department of Justice and Constitutional Development and Civil Society Organisations (Crisis Centres etc.).
• The CGE also held 2 high level meetings with the North West House of Traditional Leaders and presented on the CGE mandate, GBVF and Customary Marriages to the 12 80 North West House of Traditional (NWHTL) with support from the North West Commissioners.

• An overview of the geographical areas (urban vs rural) covered in the NW by the CGE in terms of Outreach, Advocacy and Access to Justice Interventions was also listed.
(d) Stakeholder engagements and collaboration The Provincial Manager indicated that the Commission held engagements with different stakeholders as follows: • Department of Education- The office had a meeting with Department of Education officials HOD and Chief Director with regard to high rate of pregnancy in North West Schools.
• SAPS – The CGE NW Office was requested to do a presentation to all station commanders in the Dr. Kenneth Kaunda Municipality on the CGE’s mandate, vision, programmes and GBV and we also monitored some Police stations within the province.
• The CGE North West office was invited to Inter-Departmental Quarterly meeting for women and children program by OSW, whereby Gender Focal Persons from all different Departments, municipalities and Parastatals are called for quarterly meeting for reporting and planning on women and children’s program.

• Office on the Status of Women invited the CGE to visit the shelters within the province in the following areas namely; Potchefstroom, Klerksdorp, Taung and Vryburg.
• Department of Arts, Culture, Sports and Recreation invited the CGE North West to address the Traditional Healers and Leaders on GBVF.

• Moropa Development and ECO Girls SA invited the CGE to their, “Intergenerational Dialogue on “Culture & Stigma Surrounding Menstruation” the main discussion was on raising the voice against Period Shaming and for inclusion of Boys and Parents in Menstrual Matters.
13 81 The Commission also indicated that they have also established partnerships and collaboration with the following organisations: • Signed Memorandum of Understanding with the North West House of Traditional Leaders • Signed Memorandum of Understanding with the Faith Based Organisation (FBO) • Signed Memorandum of Understanding with SALGA • Department of Rural, Environment and Agricultural Development • Local Radio Stations: Mafikeng, Mmabatho, Ratlou, Aganang, Bokone Bophirima, Vaaltar and Motsweding FM (National) • SAWID • COSATU • North West University (e) Public Education and Information Department (PEI) The PEI through the support from the Office Administrator managed to coordinate the stakeholder engagement sessions one per/every quarter as stipulated in the APP 2021/22 in the following areas and identified these key issues: • Vryburg (Dr Ruth Segomotsi Mompati) - Resistance by men to attend events which discuss GBV • Wolmaransstad (Dr Kenneth Kaunda) - Lack of training to upskill women to access financial and empowerment programmes; Lack of mentorship programmes for women to sustain small business; Issues of estates and succession remain a challenge • Klerksdorp (Dr Kenneth Kaunda) - LGBTIQA continue to suffer discrimination; Lesbians remain vulnerable, hate crimes such as corrective rape, are still high • Rustenburg (Bojanala) - Lack of information on contraceptives to teenagers; Access to family planning in some clinics; Illegal abortions resulting in health complications; Teenage pregnancy seems to be on the increase.
14 82 (f) PEI: Training workshop on gender and development The Commission conducted the following training: • Training the Civil Society organisation on Gender and Development at Mafikeng - Ngaka Modiri Molema District Municipality.

• Training the Civil Society organisation on Gender and Development at Vryburg- Dr Ruth District Municipality.

• Training the Civil Society organisation on Gender and Development at Rustenburg- Bojanala District Municipality.
• Training the Civil Society organisation on Gender and Development at Macquassi- Dr Kenneth Kaunda District Municipality.

The purpose of the training was to provide participants with information and skills to plan and develop gender responsive programmes and to mainstream gender in their programmes.
Furthermore, the Commission further conducted training on gender mainstreaming in the following municipalities: • Ngaka Modiri Molema: Ratlou Local • Dr Kenneth Kaunda: Klerksdorp Local • Dr Ruth Mogomotsi Mompati: Taung Local • Bojanala: Ramotshere Moilwa and Kgetleng The following were the key issues emanating from the workshops conducted on gender mainstreaming: • No proper budgeting for gender related programmes.

• No gender policy.

• There is no budget for gender activities.


15 83 • Lack of political will and frequent change of officials.

(g) Media and Communication Furthermore, the CGE provided overview of media advocacy and outreach campaigns (e.g.

sexual reproductive health, GBVF) through community radio stations (e.g.

Mafikeng) and the listenership (e.g.

122 000).

These ongoing awareness campaigns on people’s rights includes the right to apply for maintenance and application for protection order.
(h) Complaints handling During the financial year 2021/2022 the province opened 15 new and closed 42 old files.

A total of 20 files were pending as at 31st March 2022.

12 files related to GBV, 2 labour, 3 culture and tradition, 1 health care, 1 pertaining to general discriminatory practice (falling outside of the CGE mandate) and 1 sexual offence complaint.

The CGE also indicated that a meeting with stakeholders like DOJ&CD was held to assist complainants in completing maintenance application form.
Furthermore, the CGE and DOJ&CD had agreed to conduct a workshop on the process followed when applying for an interim protection order and the consequences thereof.

(i) Media and other reports on N.W.

Province • The CGE is monitoring the case of 2 Mahikeng Police officers accused of raping a 20- year-old woman March 2022 have been released on bail of R 3000.00 each.
The men aged 26 and 36 years old appeared in the Molopo Magistrates Court on the 13th of April 2022 and the case was postponed to the 13th of May 2022.

This case has been reported in the media.

(j) Challenges identified by NW CGE Office 16 84 • The NW province is too vast and due to budgetary constraints, the office is unable to reach everywhere but rely on partnerships/networks and use of different media platforms.
• Gender mainstreaming is still a challenge in municipalities as they experience change in leadership.

• Communities have limited knowledge on their rights and functioning of different institutions.

2.4 Visit to the Grace Help Care Centre in Rustenburg The Committee visited the Grace Help Care Centre (funded NPO) which is situated in Mooinooi at the Madibeng Service Point in Bojanala Platinum District Municipality.
The centre has 30 beds and accommodated 30 women who are victims of gender-based violence (GBV).

Its service includes a 24 hr crisis centre, accommodation for victims of human trafficking and a shelter for victims of GBV for a period of 6 months.

It also accommodates school going children and babies.

This centre has been funded by the Department of Social Development (DSD) since 2006.
Funding for the facility for the past 5 years were as follows: R1 150 000 for 2015/16 financial year, R900 000 for 2016/17, R870 000 for 2017/18, R1 000 000 for 2018/19 and R1 200 000 for 2019/20.

It is indicated that the facility is subject to the minimum norms and standard and are striving towards the progressive realisation thereof.

Moreover, the DSD ensures adequate monitoring of compliance and capacitating implementers through training and resource mobilisation.
The CGE in its State of Shelters Report, conducted an investigation on Grace Help Centre to assess if the shelter adheres to norms and standards as required by the Department of Social Development (DSD).

It investigated issues related to training of staff, funding etc.

and made the following findings: 17 85 • The DSD has not properly advised the Commission on what informs the decrease of funding of shelters, etc.
• The DSD pays funding late and this affects the implementation of projects and programmes in the shelters.

• The DSD did not submit the required information before and during the investigative hearings.

Relevant information was only submitted after the hearings as a result the information has not been interrogated.

• The DSD has not developed a proper funding model to ensure it protects victims of crime and as a result some shelters have been closed or were not receiving funding.
In terms of progress report received from the North West Department of Social Development (NWDSD), the CGE reported that: • The NWDSD advised that non-compliance could result in risk factors for the NWDSD and therefore assist the organisation in complying with the compliance checklist before signing off as per the service level agreement.

• The NWDSD had not adequately responded on whether they have examined the costing model and the equitable share formula and to what extent they have done so.
NWDSD had not stated if the costing model can be improved and to what extent.

There was inadequate progress from the NWDSD in complying and implementing the Commission’s findings and recommendations.

• The NWDSD had not responded to the Commission’s findings of a funding decrease to the shelters and the Commission’s findings on developing a proper funding model to protect victims of crime.
In this regard, the CGE made a follow up with the NWDSD on the progress report regarding the implementation of the Commission’s findings and recommendations in June and August 2021 by dispatching correspondence to the NWDSD.

The NWDSD did not respond nor update the Commission on the progress and the Commission takes note of that as non- compliance of the Commission’s report.
18 86 The Commission then made a recommendation that the cost centre model and the equitable share should be studied in detail to ascertain whether it works out fairly for all shelters.

The DSD must provide a plan with proper timelines on how late payments of funding will be addressed so that shelters and in turn survivors are not affected by late payments.

2.5.
2.5.

Visit to the National Youth Development Agency’s office, Rustenburg, North West Province The Committee visited the provincial office of the National Youth Development Agency (NYDA) which is located in Rustenburg and engaged with the support staff in the offices.

The NYDA North West has centers in four district municipalities, viz; Bojanala Platinum, Dr Kenneth Kaunda, Ngaka Modiri Molema, Dr Ruth Segomotsi Mompati.
The Centre in Rustenburg services 5 local municipalities (LMs) in the Bojanala Platinum District Municipality, namely; Rustenburg LM, Madibeng LM, Moses Kotane LM, Kgetleng Revier LM and Moretele LM.

The office has 12 support staff and 2 interns.


The centre offers the following products and services: • Grant programme • Business Consultancy Services Voucher programme • Mentorship • Business Management Training • Sales Pitch and BBBEE workshops • Cooperative Governance training • Market Linkages • JOBS programme • Job preparedness workshop • Life Skills programme 19 87 2.5.1.
Visit to Tshenolo Mokgara Guest House, Rustenburg Beneficiary of the NYDA The guesthouse is run by a 30-year-old male in Rustenburg.

The business was started with the assistance of the NYDA Voucher Programme.

The owner received a Business Plan Voucher and a Marketing and Branding Voucher to an amount of R49 997.00 in February 2020.

The amount covered equipment for the business and assisted the owner to brand the establishment.
The grant enabled him to buy linen, bedding, a microwave and kitchen utensils for the business.

The business employed 4 permanent staff members (including owner) and 2 temporary staff members.

The owner also indicated that NYDA has provided him with assistance that allowed his business to grow and become a better provider of services.

The business has received a three-star Grading from the North West Tourism Board Grading Council.
The owner indicated the following challenges experienced by the business: • Covid -19 • Cancellation of bookings • High rates and taxes • Delayed payments from certain clients He indicated successes as being able to build initiate and expand his business.

2.5.2 Visit to Motover F Pty Ltd, Rustenburg, Beneficiary of the NYDA The business owner indicated that the business provide construction, steel works and fabrication.
He further indicated that he attended the training at SEDA and then applied for a grant which enabled him to buy equipment for the business.

In addition, the owner indicated that he received Marketing Strategy and Plan Voucher from the NYDA.

The NYDA Grant amounted to R48 810.00 and was received in June 2019.

He indicated that before Covid-19, the business employed 4 permanent staff members (including owner).
The business experience the following challenges: • Covid -19 20 88 • Lack of space for the workshop • Access to market The owner indicated a key success as being able to purchase equipment to start the business.

Also, having the knowledge on how to run the business after acquiring skills from training.

2.6.
2.6.

Visit to NYDA office, Ekurhuleni, Gauteng Province The Committee visited the provincial office of the NYDA which is located in Kempton Park, Ekurhuleni and engaged with the support staff in the offices.

The Centre Coordinator also explained the relationship between the NYDA and the Ekurhuleni District Municipality.

The office has 9 support staff and 2 interns and has advertised for the post of the receptionist which will be filled in June 2022.
The Centre Manager indicated that the NYDA is offering the following products and services: • Product and Services offered at the Centre • Skill Development and Training • Mentorship • Market Linkages • Business Consultancy Voucher Programme • Business Grants 2.6.1 Visit to Gym Clinic Limited, Beneficiary of the NYDA, Gauteng Province The Committee visited the facility which was funded by the NYDA and engaged with the business owner.
The owner indicated that the facility existed established in September 2010 and registered as an entity as from 16 June 2016.

The gym was started solely without any financial support from third parties, apart from the assistance of Teboho Phello (the owner of Gym Clinic (Pty) Ltd and with the support of his mother and late grandmother.

Gym Clinic always had one mission and vision which is geared towards the fitness market.
It 21 89 focuses on inter alia, people that have the will to workout but lack the confidence and low self-esteem.

The establishment became necessary as it discovered that, there are no local gyms in the surrounding area (specifically within the 18 km radius) and it realised an opportunity to serve a market that is often forgotten about by making fitness an enjoyable experience.
Services Provided to the Public: • • • • • • Bodybuilding, Aerobics classes, CrossFit training, Personal Training, Boxing, Body/ Health Assessments, The owner indicated that he submitted proposal to the NYDA on 17 September 2020 and received funding on 7 December 2021 to the value of R94 000.00 to purchase more equipment for the gym.
He further indicated that he received a voucher which was used to create a financial system for the gym, which is very helpful and which allows the facility to keep proper track of all historical financials of the gym.

He further indicated that the gym has grown from where it started with 40 clients (during the period of 2010-2011) and currently having over 300 active clients.

From 2010- 2022, our data base has over 10 000 members who have trained at Gym Clinic.
He also indicated that the business faced the following challenges: • More equipment required as more clients are joining the gym and are short of (mainly) cardio equipment such as treadmills, cycling bikes, step machines, etc.

Given the late disbursement, the owner would have to wait a couple of months before being eligible to reapply for further funding.

• Expanding the gym premises and the property is now being rezoned to full business rights, as it had a right of Consent Use.
22 90 • Financial assistance required in order to purchase more equipment noting that the gym premises is being extended to a double storey property.

As the gym expands and grows, this will lead to more employment for which the owner attributes to as success.
2.6.2 Visit to Bongi Hands of Gold, Beneficiary of the NYDA, Gauteng Province The Committee visited Bongi Hands of Gold Project which is a full drop- service in laundry (washing, drying, folding and optional ironing) and house- keeping (domestic cleaning).

It also provides spring cleaning, fumigation, mattress cleaning, carpet cleaning, wall cleaning, ceiling(pvc) cleaning.
The business was registered in 2019 and the owner received a Grant Voucher to the value of R49 990.50 to buy equipment such as washing machine, tumble dryer, scan and rail.

The owner indicated that she started the business in 2014 from a family home.

She also indicated that she conducted a workshop assisting clients and the community to learn more about stain removal, washing methods for different fabrics and cleaning detergents.
She indicated that the business faced the following challenges: • ICT: The owner uses manual book-keeping method to record business transactions nothing saved electronically.

She indicated that she would appreciate if she can record her business information on a laptop for safe keeping.

• HR: The owner unable to hire more people because of financial constraints.

• Working environment: The family home from which she operates her business is not a conducive working environment.
She has managed to purchase building materials but was struggling to build an out building to house the laundry business this was due to financial constraints (she requires R19 000 for labour).

• Equipment: The owner indicated she needed more washing machines since she will be embarking on industrial projects.

She is also using home detergents to clean homes of clients and laundry and required sponsors for detergents.
• Packaging for laundry: The owner indicated that she was using refuse bags to package clothes instead of wrapping plastic which cost R500.

• Branding: The owner also indicated that she did not have a branded uniform.

23 91 2.7.

Visit to woman with disability in Phola Park, Ekurhuleni The Committee visited and engaged with Ms Mabika, who has disability due to her medical condition and has been bedridden for two years.
She indicated that she requires an assessment for a specialised wheel-chair due to her size and weight.

The special wheel- chair will assist her with mobility as she was confined to her bed and housebound which affected her quality of life.

Ms Mabika also informed the Committee that she had received no formal assistance from the Department of Women, Youth and Persons with Disabilities and was not contacted either when asked by the Chairperson of the Committee.
The Committee made a follow-up call with the official from the Department to whom the referral was made an established that no assistance had been rendered to Ms Mabika.

To this end, the Committee undertook to refer the matter to provincial counterparts dealing with disability specific matters for the province.

2.8.
2.8.

Visit to Ikhaya Lethemba Shelter, Gauteng Province One Stop Centre for Victims of Gende Based Violence, Gauteng Province The Committee visited Ikhaya Lethemba Shelter and was welcomed by the Head of Department (HOD): Community Safety, Provincial Department of Community Safety.

The HOD provided an overview of Ikhaya Lethemba Shelter and indicated that it provides comprehensive professional, integrated, and coordinated psychosocial, and CJS support to general and complex cases of GBV.
The shelter also offers free 24/7 residential care and provisioning support to victims of GBV and is a replication 2nd Ikhaya Lethemba in Evaton, Gauteng Province.

The Deputy Director: Professional Services, Gauteng Department of Community Safety then provided a progress report in terms of the implementation of the recommendations emanating from the CGE’s State of Shelter’s report, 2020.
The presenter indicated that the shelter implemented the following recommendations: (i) The GDCS sexual harassment policy in its legislative framework does not refer to the Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace, 2005.

The GDCS sexual harassment policy is not gender neutral, as it fails to accommodate and/or refer to members of the LGBTIQA+ community.

24 92 • Department of Community Safety Sexual Harassment Policy was reviewed and submitted to CGE in 2020.
(ii) The IKL policy fails to make provisions for members of the LQBTQIA+ community upon admission to the shelter • The policy does not exclude LGBTQIA+ it is inclusive of all vulnerable groups although not segregated • Internal sensitisation on LGBTQIA+ done by Thami Dish Foundation • Held LGBTQIA+ peaceful march in Khutsong in March 2022 • Plans to hold LGBTQIA+ seminar in May 2022 (iii) IKL does not have adequate policies, such as a Grievance Policy and Employee Wellness Policy • Shelter has a directive on mediation and disciplinary process • Wellness sessions is in line with the therapeutic work • Wellness clinics launched in 2021 and monthly wellness sessions are held • Psychosocial education and wellness programme implemented as an additional support to victims • Plans to review Ikhaya Lethemba Policies in June 2022 2.9.
Visit to CGE’s Head Office and meeting with Commissioners The Committee visited the CGE’s office and conducted a walk about to the offices.

The Committee then held a meeting with the Commissioners.

Several issues of concern were brought to the attention of the Committee as raised by Commissioners.

A decision was taken that the matters of concern be tabled formally in a report with the Committee at the next Committee meeting.
The Committee was made aware of the issue of part-time Commissioners who were not paid resulting in a dispute lodged by part-time Commissioners.

In addition, concerns were 25 93 also raised about delays in approval for applications which hampered the work of Commissioners.
The Committee commended the Chairperson of the Commission for ensuring that Commissioners Mazibuko and Dibeela-Mothupi were converted from part-time to full time Commissioners and indicated that this will assist the Committee in starting the process of filling of vacancies in the CGE.

2.10.

Visit to Temba Police Station, Hammanskraal, Gauteng Province The Committee visited the Temba Police Stations in Hammanskraal, Gauteng Province accompanied by the CGE Commissioners and officials.
The Chairperson of the Committee indicated that the CGE as part of its core activities were assessing various police stations particularly in hotspot areas to determine how services were rendered insofar as GBV was concerned.

The CGE had previously visited the police stations and made findings and recommendations.

As such, the purpose of the Committee’s visit was to assess how far the station had come in implementing the recommendations made by the CGE.
2.10.1 Presentation by the Commission for Gender Equality (CGE) Commissioner Ohara provided context and background of the CGE’s visits to police station and Temba Police Station in particular.

The CGE Researcher then presented and overview of the findings, recommendations, follow-up and progress.

The Researcher indicated that the police station was visited on 8 December 2021 as part of the CGE’s GBVF Hotspots oversight and monitoring which is to be implemented for the financial year 2020/21.
The station was represented by the Acting Station Commander Colonel Godfrey Zwane, Sergeant Grace Ramagoma, Captain JK Biloane and Captain Pitso Diphapang.

SAPS representatives have thoroughly explained their operations in terms of handling GBVF or Domestic Violence cases to include two options, firstly the victim can choose to open a case docket, secondly she/he can choose to apply for a protection order or to request for the 26 94 two processes to run concurrently.
The case docket procedure involves opening of the docket, obtaining statements, transporting the victim to the Jubilee hospital for examination, psychosocial support if needed and placement in a shelter.

The psychosocial support to victims is offered by Imisebe ye Langa which is an NGO in the area and has office space within the police station.

On the other hand, the police will also be hunting for the perpetrators.
In terms of application of the protection order, SAPS do all the necessary documentation and submit them to the Magistrate court for granting of the protection order.

Temba Police Station is housing the Family Violence, Child Protection and Sexual Offences unit (FCS) which assist in further handling of the GBVF cases from medical examinations, placement to the shelter, investigations, and prosecution.
The FCS officers outlined their flow chart of handling GBVF cases as referred from various stations and even took the CGE to the storeroom to observe the various Evidence Collection kits (D1, D7, DB) and the termination of pregnancy kit for those victims wishing to do so.

The officers were concerned about the high rate of GBVF cases due to substance abuse, the withdrawal of cases because of delay in DNA result and informal settlements which often comes as monetary tokens.
The FCS have explained that the reason for the station to be categorised as hotspot or to be seen as one of the stations with high rates of GBVF cases is due to vast demarcation.

The station serves three provinces namely Gauteng, Limpopo and North- West, while the FCS serves five stations which are Temba, Lewatle, Dube, Rietgat and Hamanskraal.

The Researcher indicated that the police station has a total number of 349 support staff members of which 113 are females and 236 are males.
She further indicated that 67 staff members were trained to deal with cases related to domestic violence, 48 staff members trained to deal with sexual offences cases and 67 staff trained to deal with gender based violence.

She also indicated that 41 cases related to rape were withdrawn, 31 withdrawn cases on domestic violence on women and 10 cases related to domestic violence on children were withdrawn.
She also indicated that 31 cases related to domestic violence (rape) were referred for prosecution per month, 42 cases related to domestic violence on convictions on overall cases referred for prosecution and 29 cases on overall cases referred for prosecution were acquitted.

The acquittal of cases in courts were due to lack of sufficient evidence, 27 95 loopholes when questioning by witness, withdrawal of cases in court, DNA issues and insufficient investigations.
2.10.2 Presentation by Temba Police Station Management The Acting Station Commander indicated that from 1 April 2022, a new police station will operate which will service the North West Province and will ease the burden of Temba Police Station.

This new police station would service 10 villages in the area and would alleviate the pressure on Tembe Police Station.

The station has good relationship with the Community Police Forum (CPF) and stakeholders in the area.
The Acting Station Commander attributed the high rate of cases of GBV due to alcohol abuse.

In addition, he also indicated that there was a high rate of withdrawal of cases in the area and that the police station does not withdraw cases.

To this end, it was noted that cases are withdrawn in court often due to a lack of evidence or witnesses.
A concern noted by the Acting Station Commander was the incidents of false rape charges being laid by females as the alleged perpetrator is blackmailed to pay the alleged victim in order for no charge to be laid or for the charge to be withdrawn.

Moreover, charges are often withdrawn against the alleged perpetrator when families agree to paying for ‘damages’.

He also indicated that SAPS conducts awareness campaign on GBV in communities and using community radio stations.
Furthermore, awareness raising was also conducted in schools in conjunction with the Sexual Offence Unit.

2.11.
2.11.

Visit to the office of the Department of Women, Youth and Persons with Disabilities The Chairperson having officially welcomed Members of the Committee, Minister and officials of the Department to the meeting indicated that the Committee had invited the Department to accompany them for the entire oversight along with officials from the Commission for Gender Equality and National Youth Development Agency.
The non- attendance by the Department during the oversight was noted with concern by the Committee.

Furthermore, the Chairperson indicated that the Committee would not be 28 96 conducting a walk about of the offices as the Department indicated that they would move to the new offices by end of March 2022.

Hereafter, the Chairperson provided an overview of the oversight week and the issues that emerged.
To this end, the Chairperson also indicated that the Committee visited Ms Mabika a disabled woman in Thokoza Township.

A brief overview of Ms Mabika’s physical impairment and living conditions was provided.

The Chairperson indicated that Ms Mabika had not received any assistance from a government social worker via a home visit nor from any official from the Department of Health to assess her rehabilitation needs.
The Chairperson had referred Ms Mabika’s case to the Chief Director, Ms Mabelebele to assist.

The Committee was informed by Ms Mabika that Ms Mabelebele had not rendered any assistance as requested by the Chairperson.

3.

Observations This section reflects the observations of the Committee during the oversight visits in both provinces.
3.1 North West School for the Deaf and the NW Provincial Department of Basic Education i. SAHRC recommendations: The Committee commended the Department of Education for ensuring the renovation of the school after the fire to accommodate the deaf learners and for the progress made in ensuring building compliance and fire safety.

However, the Committee was concerned by the slow pace of progress in implementing all of the SAHRC recommendations.
The Committee whilst commending the NW Department of Education on some of the visible progress made at the school, the Committee was not satisfied with the overall slow pace of implementation of the recommendations made by the South African Human Rights Commission and noted that it was an indictment on the rights of learners with disabilities and their families.
To this end, the Committee noted that in the venue it was seated in for the meeting the basic requirements for fire safety were not implemented for e.g.

installation of 29 97 flashing lights linked to smoke detectors.

The Committee was concerned that the progress report presented to the Committee did not contain time frames in terms of implementing the outstanding recommendations of the SAHRC.

ii.
ii.

Lack of consequence management: The Committee queried what consequence management was implemented with regards to the fire incident that took place in 2015.

The Committee was concerned that no officials were held to account nor was any person held liable for the arson and the death of 4 learners.

iii.
iii.

Staff allocation for the school and province: The Committee was concerned by the lack of permanent staff members and teachers at a school that requires a full staff compliment that is permanent to ensure stability.

The Committee was not satisfied with the manner in which human resource information was presented as it provided no clear sense of how many teachers and professional staff were actually employed within school, at a district level and in the province and what the specific vacancies were.
iv.

“Ghost” teachers: The Committee noted with concern the issue of payment to “ghost” teachers and questioned how these investigations were undertaken to verify the actual number of teachers employed in posts at school versus those receiving a monthly salary.

v. Vacancies: The Committee was concerned that interviews for a nurse, speech therapist and audiologist were conducted, a recommendation was done by the school but the Department had not appointed or filled the posts.
The Committee questioned how the school is expected to operate without the requisite professionals in place.

The Committee noted with concern vacancies for Sign Language Interpreters and hostel staff.

To this end, the Committee questioned if the post for interpreter would be filled.

The Committee noted that staffing allocation for the hostel both weekdays and weekends was not presented and the Committee had to ask.

The Committee was concerned that burnout of staff was inevitable if they had no reprieve.
vi.

Hostel: The Committee was alarmed by the prolonged absence of permanent house father and matron at the hostel.

The Committee was equally concerned that teachers and general assistants were doubling up their time to take on this additional responsibility after hours to care for the learners at the hostel.

The Committee noted this was unacceptable and the arrangement whilst commendable was not sustainable.
The Committee was concerned that the lack 30 98 of staff could potentially impact on possible incidents of GBV and sexual abuse in hostels.

vii.

Staff retention: The Committee noted the challenges around attracting staff to work at schools in rural areas and the need for incentives.

Hence the Committee queried, what plans were in place to retain staff in schools located in rural areas.

viii.
viii.

HR: The Committee noted with concern the implications of an incorrect advertisement being placed and enquired as to who signed off the advert.

The Committee was concerned that the Human Resource of the Department was not present in the meeting whilst challenges regarding vacancies and recruitment in schools were discussed.

ix.

Finance: The Committee noted with concern the lack of a financial report which was only presented verbally to the Committee.

The Committee was not satisfied.


with the lack of detailed information on finance, mitigation strategies etc.

The Committee also asked if money was returned to Provincial Treasury in 2021/22.

x. Assistive devices: The Committee welcomed the allocation for assistive devices but was not satisfied with the lack of details to substantiate what the need was per learner and the costs incurred to procure the assistive devices.
It also unclear how the total allocation was derived at without knowing what the needs of the learners were and the cost per device.

Without the requisite details, the Committee noted the oversight is compromised and cannot be done effectively.

xi.

Collaboration with universities: The Committee queried whether the Department had engage with Universities to assist in schools with the support of student social workers, speech therapy, occupational therapy, physiotherapy and psychology.

xii.
xii.

Fire safety: The Committee was concerned that mock emergency drills were not done regularly but are very important in saving lives of children at the school.

xiii.

Training: The Committee noted that the training of staff was last done in 2019 in terms of fire safety which was attributed to impact of the COVID-19 regulations.

The Committee was not satisfied with that response and wanted to know what are the plans to continue with training in 2022.

31 99 xiv.
31 99 xiv.

First aid training: The Committee noted the importance of first aid training for staff and therefor asked whether the staff was trained in first aid to assist learners when required.

xv.

Exit strategy for learners: The Committee noted a lack of exit strategy for learners leaving school or those who have passed Grade 12.

Collaboration with TVET colleges and the NYDA was key in this regard which the Committee noted should be explored.

xvi.
xvi.

Incident of abuse: The Committee noted with concern the sexual abuse incident of a learner at the school and asked what preventative measures were put in place to try and avoid another incident especially at the hostel given the staffing capacity constraints that impacts on learner supervision and safety.

GBV, Learner pregnancy: The Committee noted the importance of the life orientation programme and sexual reproductive health.
The Committee noted the concerns raised by the teachers of learners experiences of GBV within their home and communities.

To this end, the Committee enquired about Department’s and school’s relationship with the Department of Police and the Department of Social Development in order to assist learners in need.

xvii.
xvii.

Psycho-social support: The Committee reiterated the importance of psycho- social support to learners who have been abused as such the Committee asked the school’s psycho-social support offered.

xviii.

Learner absenteeism: The Committee noted with concern the school absenteeism of learners during SASSA pay-out days as highlighted by the teachers at NW School for the Deaf.
As such the Committee requested clarity about the availability of learner transport and what the interventions by school management to address the absenteeism.

xix.

Sign language: The Committee was concerned that most teachers were not trained in sign language and questioned what was being done to address the matter as this disadvantaged the deaf learners.
The Committee noted that the performance of learners who were taught by educators competent in sign language performed well in those subjects which was welcomed.

xx.

Marking Grade 12 examinations: The Committee noted with concern the marking of examination paper for learners with disabilities by persons who were not conversant in sign language which negatively impacted on the matric pass rate as only one matriculant passed.

32 100 xxi.
32 100 xxi.

Sanitary Dignity Programme (SDP): The Committee noted that no reference was made to the SDP and therefor queried whether learners benefitted from that programme.

The Committee also enquired on whether the Department had any the relationship with the Department of Women, Youth and Persons with Disabilities not only in relation to SDP but GBV, youth and disability related matters as no mention was made of this.

xxii.
xxii.

Extra-mural activities: The Committee noted the importance of having extra-mural activities for learners.

xxiii.

Undocumented learners: The Committee queried whether the school had undocumented learners and how it dealt with it.

xxiv.

Dropout rate: The Committee sought more information about the drop-out rate at NW School for the Deaf.

xxv.

School Governing Body (SGB): The Committee welcomed the report of a fully functional SGB but requested clarity on the reshuffling of SGB.
Furthermore, the Committee noted with concern the revelations made by a member of the School Governing Body from NW School for the Deaf at the meeting about serious challenges and matters affecting the learners.

The Committee reiterated that these required urgent attention.

3.2 South African Human Right Commission (SAHRC) i.
The Committee sought more clarity on the number of investigations done in schools for learners with disabilities in North West Province and how many of the recommendations were implemented by the Department.

To this end, the Committee reiterated that importance of following up on the implementation of recommendations and to use the powers to subpoena a department to obtain the requisite information if nothing is forthcoming.

3.3 Commission for Gender Equality- North West Province 3.3.1 General i.
The Committee was concerned about the location of the CGE’s Provincial Office to service the entire North West Province but was overall pleased with the state of the office.

33 101 ii.

The Committee enquired about the status of the office during the Covid-19 lockdown period and how the office was operating given the restrictions.

iii.

The Committee was concerned by the notion of lack of political as in issue that emanated from the CGE’s gender mainstreaming workshops in municipalities.

iv.
iv.

The Committee enquired as to whether there were any challenges encountered by the CGE when recommendations were not implemented by government departments or entities.

3.3.2 GBV i.

The Committee requested an update of programmes of the CGE in mines where there is high rate of GBV issue.

The Committee also requested more information on cases of femicide in the province.

ii.
ii.

The Committee enquired about the CGE strategies to deal with cases of GBV in the province whether closure of a case was considered as success.

The concern noted by the Committee was that the number of GBV cases reported in the media still appeared to be high which brought into question what impact the CGE was having in this regard.

iii.

The Committee was concerned about high teen pregnancy in the province and asked what measures were in place by the CGE to assist young girls.

iv.
iv.

The Committee noted that the issue of human trafficking was not mentioned in the presentation and requested more information on the issue.

v. The Committee queried how many police stations are in North West Province and how many were complying with policy and laws issues related to GBV.

3.3.3 Complaints handling i.

The Committee was concerned by the low number of cases that were reported in the previous quarter to the Committee and by the backlog of cases.

ii.
ii.

The Committee queried what impact the CGE’s programmes had on the community and how the CGE measures its impact.

To this end, the Committee questioned whether the low number of complaints related to the CGE’s impact on the community.

iii.

The Committee also requested more information on cases that were closed.

3.3.4 Vacancies 34 102 i.

The Committee asked what are the current vacancies in the office and what is the current staff complement in the office.

3.3.5 Other i.
3.3.5 Other i.

The Committee raised concerns about ex-miners and challenges experienced claiming from the compensation fund and enquired whether the CGE could assist.

ii.

The Committee enquired whether the CGE noted any challenges experienced by foreign nationals receiving services in the country given that the North West Province is bordering with Botswana.

3.4 Grace Help Centre i.


The Committee commended the CEO for starting the shelter in the area but was concerned about the security measures at the centre and the safety of the residents.

ii.

The Committee was pleased with the overall cleanliness of the shelter.

iii.

The Committee welcomed the measures in place to enable children school and acknowledged the transport challenges and cost incurred.
Notwithstanding that, the Committee noted with concern the undocumented minors who were unable to attend school and have lost out on months of receiving an education.

iv.

The Committee reiterated the importance of an exit strategy for women leaving the shelter and youth once matriculating.

v. The Committee noted that it was important for the victims to be made aware of the length of stay at the shelter.
Notwithstanding that, the Committee acknowledged the shelter’s challenge of not being able to refer residents on to secondary housing facilities after 6-months if they have nowhere to go.

vi.

The Committee welcomed the support offered to women with court cases.

vii.

The Committee acknowledged the funding challenges experienced by the shelter and requested more detailed information on the funding received from the Department of Social Development versus the funding needs of the shelter.
To this end, the Committee was concerned about the lack of electricity to the shelter and the dispute around what was still owing by the shelter in terms of an outstanding account balance.

As such, the Committee sought more clarity around what the actual running cost of the shelter was and what shortfall the shelter was experiencing.

3.5 National Youth Development Agency Office- North West Province 35 103 i.

The Committee welcomed the training offered to staff but queried whether it was SAQA accredited.
ii.

The Committee noted the need to align with the 4th Industrial Revolution and therefor asked the NYDA how it was influencing government to look at shifting to 4th Industrial Revolution insofar as youth development was concerned.

iii.

The Committee welcomed the programmes and services rendered by the NYDA questioned how the NYDA was measuring the impact of its programme on the community.

iv.
iv.

The Committee noted with concern that no provision has been made for youth over 18 years of age living in shelters and identified this as a gap.

Hence the Committee, enquired whether the NYDA had an exit strategy to deal with youth who have no alternative support structures, who leave shelters at the age of 18 years.

v. The Committee was impressed with the businesses of the visited that were supported by the NYDA and reiterated that the NYDA needed to market these businesses within government.
Hence the NYDA to facilitate, having NYDA funded businesses on Government’s supplier databases.

vi.

The Committee noted that in order to ensure that youth owned businesses were sustained in the long run, the NYDA needed to facilitate mechanisms whereby youth procured the services offered by other youth funded entrepreneurs.

vii.
vii.

The Committee noted that whilst the NW Province had huge potential, it required vigorous marketing to attract more tourists and therefor young entrepreneurs were tasked with finding innovative ways of marketing their services and products in a holistic manner that would attract tourists to visit the province.

viii.

The NYDA should facilitate SABS approval and explore copywriting for Motiver F Pty Ltd in Rustenberg.
In addition, the NYDA should link Motiver F with the Gym Clinic in Gauteng to explore options of producing gym equipment.

3.6 National Youth Development Agency – Ekurhuleni, Gauteng Province 3.6.1 General i.

The Committee was concerned that the NYDA employed personnel from other Provinces such as Limpopo Province at the expense of employing local residents.

As such, the Committee sought clarity about the relocation costs incurred.

36 104 ii.
36 104 ii.

The Committee welcomed the training offered and sought more information on when the last training was provided to learners and how many youth attended.

iii.

The Committee noted the grants process and queried who all approves grant in the office.

iv.

The Committee questioned whether merely accepting cv’s were enough to job placement and what else needed to be done to ensure the success rate and uptake.
The Committee was not satisfied with the NYDA just receiving CVs and indicated that emphasis should be placed on active lobbying and matching youth in search of employment with industry opportunities.

v. The Committee was concerned about the workload of a job placement officer and therefore queried whether these persons had the time to link cv’s of applicants to other stakeholders.

vi.
vi.

The Committee remained concerned about youth in rural areas and as such enquired how the NYDA reaches out to communities especially rural communities to advertise the products and services of the NYDA.

vii.

The Committee noted with concern that the 1st floor was not accessible for persons with disabilities.

viii.

The Committee was not satisfied with the turnaround time for grant approval and application as this disadvantaged the intended beneficiary from growing their business.

ix.
ix.

The Committee noted with concern the challenges experience by the owner of laundrette which was largely attributed to poor mentorship, lack of business management, inadequate record keeping skills, inappropriate procurement of equipment for the intended business use and suitable premises to conduct the business.

3.6.2 Board, Vacancies i.

The Committee noted the changes to the structure in terms of the administrative support provided to the Office of the Chairperson of the Board.
The Committee questioned whether the changes were not premature whilst acknowledging the need for the new Board to determine what structure would be most efficient and effective.

ii.

The Committee noted the vacancies in terms of executive positions and queried how many had been subsequently filled since the NYDA’s last quarterly report briefing.

37 105 iii.

The Committee enquired as to whether the 100 days’ campaign is still ongoing or is it only for 100 days.
3.7 Ikhaya Lethemba Shelter, Gauteng Province i.

The Committee was concerned by the negative attitude expressed by the official receiving guests at the reception area.

ii.

The Committee commended the facility for being clean and which offered hope to the community that they will be assisted.

iii.

The Committee was impressed with the services on offer at the shelter but also acknowledged the financial constraints.

iv.

The Committee requested an update on the shortage of forensic nurses.
The Committee also wanted to know how many women, children and how many school going children are housed in the shelter.

v. The Committee welcomed the relationship of the shelter between the FCS and NPA unit.

vi.

The Committee was concerned about the lack of options for persons from the LGBTQIA+ requiring help with regards to GBV matters and thus enquired how the shelter was assisting those victims.

vii.
vii.

The Committee noted the progress on the implementation of recommendations by the shelter pertaining to the CGE’s State of shelters report.

viii.

The Committee noted the relationship between the shelter and the Commission for Gender Equality.

ix.

The Committee reiterated the importance of an exit strategy for women leaving shelter and enquired about the shelter’s plans in this regard.

3.8 Commissioner for Gender Equality – Gauteng CGE 3.8.1 General i. ii.
The Committee was pleased with the state of the head office.

The Committee noted with concern the numerous issues raised by the CGE related to internal matters and the impact it has had on working relations between Commissioners as well as Commissioners and staff.

Given the nature of the issues raised, the Committee proposed that the CGE undertake its internal processes and 38 106 submit a formal report to the Speaker of the National Assembly and the Committee in this regard.

iii.
iii.

The Committee also enquired whether the CGE has finalised the filling of vacancies in Limpopo Province.

3.8.2 Follow-up at Temba Police Station i.

Having visited the Temba Police Station, the Committee enquired whether the CGE had conducted awareness campaigns on GBV as the Committee deemed awareness programmes to be key in dealing with the scourge of GBV in the area.

ii.

The Committee noted that there were 10 cases of GBV for children that were withdrawn and noted this as a concern.
Hence the Committee, requested more information and questioned what assistance was provided to children that were abused.

iii.

The Committee noted that the CGE indicated that there was one social worker servicing victims of GBV at the police station and enquired how the social workers provide 24 hour services to the victims and after working hours.

This was noted with concern that one social worker servicing the police station with a high case load was insufficient.
3.9 SAPS - Temba Police Station, Gauteng Province 3.9.1 General i.

The Committee was concerned that the police stations was not clean especially the reception area and enquired whether there were cleaning services provided at the police station.

The Committee also enquired as to whether there was provision for alternative electricity supply when there is load-shedding.
The Committee noted with concern that the poorly lit corridors and areas in the police station posed as a risk for employees and victims of crimes requiring services at the precinct.

ii.

The Committee enquired whether the police station had private rooms to take statements for victims of GBV.

iii.
iii.

The Committee asked whether there were any complaints against police officials and if any, what steps has been taken to deal with complaints if any and was pleased when the Station Commander indicated there was none.

39 107 iv.

The Committee asked whether there were any dockets that had gone missing and was pleased when the Station Commander indicated there were none.
v. The Committee also enquired about the turnaround time when responding to telephone calls from community members and was pleased with the response received.

vi.

The Committee also enquired about what measures were in place to gauge the level of satisfaction by community regarding the services rendered by SAPS.

3.9.2 Staffing i.

The Committee was pleased that women police officials were reported to be on duty working during every shift to assist victims of GBV.

ii.
ii.

The Committee asked whether there was any para-legal person to assistance offered to victims of GBV when capturing statements but the Station Commander informed members there was none.

3.9.3 GBV i.

The Committee reiterated the importance of conducting awareness campaigns and enquired whether police officers were involved.
To this end, the Committee commended the police station for conducting awareness programmes at schools on GBV as this was fundamental for building trust between schools and police officials.

ii.

The Committee was pleased with the working relationship between the CPF and SAPS.

iii.

The Committee noted the services rendered by the FCS unit and the challenges experienced in dealing with cases which related to evidence, withdrawal of cases etc.

iv.
iv.

The Committee noted with concern the administrative burden placed on SAPS officials as well as cost implications for complainants that open cases at Temba police station but have to commute to Mahikeng court where the case will be heard.

v. The Committee questioned whether closing of unlicensed liquor outlet was the only way of fight gender-based violence in the area.

vi.

The Committee was concerned that alcohol abuse was cited as the key reasons for contributing to the high rate of GBV in the area.
Notwithstanding that, the 40 108 Committee reiterated that patriarchy and imbalance of power relations played a significant role in GBV which should not be overlooked or downplayed.

vii.

The Committee acknowledged the false rape cases opened and the leverage used to illicit money from an alleged perpetrator as emphasised by the Acting Station Commander.
However, the Committee cautioned that these cases are miniscule in relation to the significantly high number of actual GBV incidents the majority of whom are perpetrated by males.

viii.

The Committee noted that the station had rape kits in stock and according to the Acting Station Commander it had never run out of stock.

ix.

The Committee noted that there were fewer cases of rape case between boys/men opened at the police station according to the Acting Station Commander.
Notwithstanding that, the Committee reiterated that because of the stigma attached many of these case go unreported and police officials should be aware.

x.

The Committee noted the high number of cases logged in the Domestic Violence register since the start of the month.

3.9.4 Training i.

The Committee noted with concern the low levels of training provided to SAPS officials to deal with GBV which was attributed to the impact of the COVID-19 regulations.
However, the Committee noted its dissatisfaction with using COVID as an excuse for why so little training had taken place as virtual platforms could have been utilised to conduct the training.

The Committee also sought more information about what is contained in the curriculum of the training provided in the training manual given to police officials.

3.10 Department of Women, Youth and Persons with Disabilities 3.10.1 General i.
The Committee noted with concern that the Department did not accompany the Committee during oversight visit as requested by the Committee.

ii.

The Committee noted with concern the ICT matters that were outstanding and problematic and questioned whether the Department had addressed these issues.

In addition, the Committee asked whether the post of Director: ICT was filled as this was a critical position.

41 109 3.10.2 Case of Ms Mabikwa i.


The Committee noted with concern that the Chief Director: Rights of Persons with Disabilities Programme did not assist Ms Mabikwa as per the Committee’s formal request for the Department to intervene.

To this end, the he Committee requested the Chief Director, via telephone call whilst conducting the home visit, to indicate to the Committee what she had done to assist Ms Mabikwa after receiving the request from the Committee.

ii.
ii.

The Committee questioned whether the Department was aware about the case of Ms Mabikwa that appeared in the media.

3.10.3 Youth development i.

The Committee was concerned with the manner in which the Department was dealing with issues related to youth development and questioned the relationship the Department had then with the NYDA.
Hence, the Committee was unclear what Programme 5 of the Department was doing for youth development in the country and therefore questioned the impact of Programme 5 given the high rate of youth unemployment.

3.10.4 Sanitary Dignity Programme (SDP) i.


The Committee was concerned that they could not conduct oversight over projects/programme on Sanitary Dignity Programme given that there was no tender awarded to a service provider to implement the Sanitary Dignity Programme in Gauteng Province for the financial year 2022/23.
To this end, the Committee sought more information as to when the tender process would be finalised in order to distribute the Sanitary Dignity Packs as this was an indictment to the beneficiaries.

The Committee noted with concern the cost of 10 pads at R18 a pack for the previous financial year and questioned what inform the pricing as this was a matter that had been raised previously with the Department.

ii.
ii.

The Committee commended the provision of packs for persons with Albinism, the Committee questioned why these packs were so expensive at R72 per pack and encouraged the Department to ensure that cheaper packs are sourced.

42 110 4.

Recommendations 4.1 North West Secondary School for the Deaf and the Department of Education i.
The Department of Education should implement a plan to either renovate or build other schools for learners with disabilities at special needs schools and ensure that adequate budget is allocated in that regard.

ii.

The NW Department of Education should implement consequence management against staff who signed off the incorrect advertisement for the positions at the NW School for the Deaf.

iii.
iii.

The NW Department of Education should prioritise the filling of vacancies at schools for learners with special needs.

To this end, the Committee reiterated that the vacant posts at NW School for the Deaf, in particular the boarding house, be filled as a matter of urgency in addition to recruiting educators competent in sign language as well as health care professionals such as an audiologist/speech therapist, an occupational therapist, a psychologist and a school nurse.

iv.
iv.

The NW Department of Education should address the training needs of educators at the NW school for the deaf insofar as sign language is concerned.

v. First aid training at the NW Secondary School for the Deaf should be extending to include learners.

vi.

The NW Secondary School for the Deaf together with the NW Department of Basic Education should collaborate with TVET colleges and the NYDA on exit strategies for learners leaving school or has passed Grade 12. vii.
The NW Department of Education should investigate the matter of matric learners at NW School for the Deaf in reviewing the manner in which the final grade 12 papers were marked.

viii.

The Committee recommended that the National Department of Basic Education ensures that reasonable accommodation is applied to learners with disabilities when undertaking their examinations and measures should be implemented to enable these learners to gain access to do this e.g.
extra time allocated 15 minutes for every hour of a written paper; use of sign language as a medium to conduct examinations in.

ix.

The NW Department of Education should address all issues of concern at the NW Secondary School for the Deaf by convening a meeting of all key stakeholders to 43 111 resolve matters and then submit a plan on how to deal with these issues.
This should be inclusive of the longstanding matters of the fire that resulted in deaths of learners; loss of belongings of the learners and staff affected.

The Committee expects a report to be submitted to the Committee within 30 days after the meeting.

This report should be sent to the Committee by 21 May 2022. x.
The NW Department of Education was requested to report on progress made with regards to the implementation of the recommendations made by the South African Human Rights Commission within 30 days.

4.2 South African Human Rights Commission i.

The SAHRC should use its powers to subpoena the NW Department of Education to enforce the implementation of the recommendations as outlined in the report on children with disabilities in special schools.

ii.
ii.

The SAHRC should consider extending its assessment of schools for children with disabilities nationally 4.3 Commission for Gender Equality - North West Province i.

The CGE should include municipal councillors when conducting gender mainstreaming workshops.

ii.

The Provincial Office should submit a report on all police stations in the province that do not allow CGE to conduct its work.

iii.
iii.

The CGE should conduct more outreach programmes and do more awareness campaigns in communities on the role of CGE.

iv.

The Committee should also hold a joint meeting with the Portfolio Committee on Police and the Department of Police to discuss the issue of Members of Parliament, Members of Provincial Legislatures, CGE Commissioners and support staff not being allowed in police stations to do their work.
The Committee should issue a statement in Parliament on the behaviour of police officials at police stations that hinder the work of Chapter 9 institutions and Members of Parliament.

v. The CGE should ensure uniformity in terms of employing staff in all provincial offices.

4.4 Grace Help Centre, North West Province 44 112 i.
The CGE should assist the centre and deal with challenges identified to ensure the effective running of the shelter by arranging a follow-up meeting to discuss the challenges and the way forward.

ii.

The Committee should also engage with the Department of Social Department on assistance provided to shelters that are lacking and not uniform.

iii.
iii.

The Office of the Premier along with the Provincial and National Department of Social Development should as a matter of urgency address the plight of 8 undocumented foreign national children that need to be reunited with their parents in Cape Town that are residing at the shelter.

iv.

The Department of Social Development should develop an exit strategy and collaborate with the NYDA to assist women and youth leaving shelters.

4.5 National Youth Development Agency Office- North West Province i.
The NYDA should work with the NW Department of Education, to identify teachers competent in sign language to be employed at a school such as the NW Secondary School for the Deaf.

ii.

The NYDA should collaborate with the NW Department of Education to explore options of employment of youth via the Presidential Youth Employment Initiative to address the capacity constraints at learners with special educational needs schools.

iii.
iii.

The NYDA should work with the Commission for Gender Equality in the province on GBVF programmes.

iv.

The NYDA should collaborate with the NW Provincial Department of Social Services on an exit strategy for youth leaving shelters when they are 18 years old.

To this end, the NYDA should develop a strategy in this regard and submit a proposal to the Committee for consideration.

v. The NYDA should ensure that government departments procure goods and services from NYDA funded entrepreneurs.
To this end, the NYDA should also market products and services of the NYDA funded entrepreneurs e.g.

Tsenolo Guest House in the North West Province.

4.6 National Youth Development Agency – Ekurhuleni, Gauteng Province i.

The NYDA should engage with the landlord to ensure that the first floor is made accessible to persons with disabilities in wheelchairs.

45 113 ii.

The NYDA should also utilise Members of Parliament constituency offices to conduct their training programme and engage with youth.
In addition, the NYDA should collaborate with university faculties and departments like psychology, occupational therapy and social work to have students to assist and run training programmes under supervision.

Such a partnership will be lucrative as it provides opportunities for students to gain clinical experience in the field and for the NYDA it can increase its coverage and reach more youth through its life skills programme.

iii.
iii.

The NYDA should develop a strategy to improve on their branding, communication and marketing the NYDA products/programmes in order to attract youth.

The NYDA should also partner with SABC as a strategy to market NYDA products.

iv.

The NYDA should conduct programmes in the rural areas to market products/services of the Agency.

v. The NYDA should look at its organisational structure and fill some of the vacancies of the executive positions.

vi.
vi.

The NYDA should increase the number of young entrepreneurs receiving grants and also engage with municipalities to employ more young people.

vii.

The NYDA should improve on its turnaround times to approve and allocate grants to beneficiaries.

viii.

The NYDA should develop a legacy project to that would leave a significant impact on the lives of young people in the country.

ix.
ix.

The NYDA should enhance its marketing and communication strategy and consider use of influencers to do that on various social media platforms but also use Board members in advertisements to increase visibility.

x.

The NYDA should also focus on young people in sports and the creative arts industry and collaborate with the Department of Arts, Culture and Sport in this regard.

xi.
xi.

The NYDA should assist Bongi Hands of Gold laundry business with mentoring services (business plan, marketing, financial management, procuring industrial equipment) and assist with building a premises in order to conduct the business.

The laundry service should be extended to include dry cleaning as part of the medium to long term business plan.

xii.

The NYDA should ensure that the owner of Bongi Hands of Gold has the mentor accompany her to established laundromats to learn from best practice.
46 114 xiii.

The NYDA should reassess its mentorship programmes and business skills programme to determine its relevance and effectiveness.

4.7 Ikhaya Lethemba Shelter- Gauteng Province i.

The shelter should prioritise victims from the LGBTQIA+ community on its premises.

ii.

Management at the shelter should ensure that front of staff is adequately trained and appropriately skilled to receive visitors and victims of GBV.

4.8 Meeting with Commissioners of the CGE i.


The CGE should table its concerns formally in a report to the Committee for consideration having followed all internal processes.

ii.

The CGE should ensure that the researchers papers are published and accessible.

4.

9 Temba Police Station i. Temba Police Management should ensure proper signage at the entrance to the precinct that outlines services offered to victims of GBVF and other crimes.
In addition, the station’s management should ensure that the precinct cleanliness and hygiene is improved along with ensuring adequate lighting during load shedding.

ii.

The Department of Community Safety should train more police officials to deal with GBV issues and ensure that male staff attend.

iii.
iii.

The Committee should write to the Department of Justice and Correctional Services and note with concern the administrative burden for complainants and police officials regarding gender-based violence cases opened at Tembe Police Station but lodged at the Mafikeng Court in North West Court instead of a local Johannesburg courts in Gauteng Province.

4.10 Department of Women, Youth and Persons with Disabilities i.
The Department should take action against the Chief Director of Programme 4 regarding her failure to assist Ms Mabikwa as per the Committee’s request.

ii.

The Department should continue to deal with the request of the Committee to assist Ms Mabikwa.

47 115 iii.

The Committee noted the challenges faced by the North West School for the Deaf in the North West Province and requests the Department to assist the school.

iv.
iv.

The Department should look into an exit strategy for 18-year-old women leaving shelters and copy the model used in Ikhaya Lethemba shelter to other Provinces.

v. The Department should also engage the Department of Social Department on an exit strategy for women (18 years) leaving shelters.

vi.

The Department to improve on monitoring and evaluation for Programme 5 on issues related to youth.

vii.
vii.

The Department should provide the report to the Committee on the issues of the Sanitary Dignity Programme.

viii.

The Department should submit a report to the Committee on the process of acquiring new office space.

The Committee should engage with the Department of Public Works and Infrastructure on the issue of the new offices for the Department of Women, Youth and Persons with Disabilities.

ix.
ix.

The Committee should write to the Gauteng Premier’s Office to raise concerns on the issue of the Sanitary Dignity Programme and indicate that the Committee expects consequence management for person/s responsible for not awarding tenders to service providers to distribute pads.

x.

The Department should look at the building offered by the Department of Public Works and Infrastructure (DPI) to the Department of Social Development for the purpose of housing shelters as indicated by the CGE.
The Department should also look at shelters for LGBTQIA+ persons.

4.11 Department of Social Development i.

The Department of Social Development should provide a progress update on the implementation of the recommendations made by the CGE as per its State of Shelter Report.

ii.

The Department of Social Development should develop and implement an exit strategy for women and youth aged 18 years leaving shelters.

iii.
iii.

The Department of Social Development should assess the situation of undocumented minors at shelters and youth care centres and intervene accordingly.

Report to be considered.

48 116 49 117 6.
REPORT OF THE PORTFOLIO COMMITTEE ON WOMEN, YOUTH AND PERSONS WITH DISABILITIES ON THE PETITION CALLING FOR THE ASSEMBLY TO ESTABLISH THE NATIONAL COUNCIL ON GENDER BASED VIOLENCE AND FEMICIDE, DATED 6 SEPTEMBER 2022 The Portfolio Committee on Women, Youth and Persons with Disabilities met on 15 March 2022 having considered the petition calling for the establishment of the National Council on Gender-Based Violence and Femicide, submitted by Ms N Sharif, referred to the Committee on 7 September 2021, reports as follows: 1.
BACKGROUND 1.1.

On 7 September 2021, Ms N Sharif submitted a petition on behalf of the Uyinene Mrwetyana Foundation calling for the Assembly to establish the National Council on Gender-Based Violence and Femicide.

The Speaker of the National Assembly referred the petition to the Portfolio Committee on Women, Youth and Persons with Disabilities for consideration and report.

1.2.

The Committee was briefed by Ms N Sharif and Uyinene Mrwetyana Foundation on the petition on 15 March 2022.
The Committee was also briefed by the Department of Women, Youth and Persons with Disabilities in response to the petition.

2.

PRESENTATION BY MS SHARIF AND UYINENE MRWETYANA FOUNDATION Ms Sharif thanked the Committee for affording her an opportunity to introduce the petition on behalf of the Uyinene Mrwetyana Foundation (UMF).

Furthermore, Ms Sharif provided a mo- tivation as to why she introduced the petition in light of a background on the scourge of gender- based violence and femicide in the country.
Ms Sharif concluded by outlining the following recommendations to the Committee: a) That the Department of Women, Youth and Persons with Disabilities fast-track the es- tablishment of the National Council on Gender-Based Violence and Femicide (NCGBVF).
118 b) The Department of Women, Youth and Persons with Disabilities report to this Commit- tee on the progress of the establishment of the NCGBVF and must include feedback from Nedlac, feedback from their public participation and a timeline on when it will be tabled in Parliament.

c) That the Department of Women, Youth and Persons with Disabilities report to this Com- mittee on the role of the GBVF Secretariat in the establishment of the NCGBVF.
d) That the Portfolio Committee visit the UMF in the Eastern Cape.

e) That the Portfolio Committee visit the Post Office to Parliament (P2P) Task Team in Cape Town as they conduct research on the postcards collected.

Having concluded her presentation, Ms Sharif then handed over to the Uyinene Mrwetyana Foundation to present the petition.
The Foundation indicated in its petition that the National Council on Gender Based Violence and Femicide (NCGBVF) has not yet been established to implement the National Strategic Plan (NSP) on Gender-Based Violence and Femicide (GBVF).

To this end, the Foundation made the following requests: a) That the Portfolio Committee on Women, Youth and Persons with Disabilities take the appropriate measures to oversee the Department of Women Youth and Persons with Disabilities’ establishment of the NCGBVF.
That the Portfolio Committee on Women Youth and Persons with Disabilities (PCWYPD) act swiftly and use all measures available within their powers to hold the executive account.

That the PCWYPD ensure that the National Council on Gender-Based Violence and Femicide (NCGBVF) is constructed in line with the NSP-GBVF.
Specifically, request that the model structure reflects that envisioned in the National Strategic Plan on Gender-Based Violence and Femicide (NSP-GBVF) and that the membership of the secretariat is 51% CSOs.

The necessary funds for the establishment and operation of the NCGBVF must be made available to ensure the Council is able to implement the NSP-GBVF.

Furthermore, we ask that the progress of the NCGBVF and the implementation of NSP-GBVF are made publicly available through the publication of reports.
b) The Portfolio Committee on Justice and Correctional Services to oversee the Department of Justice and Constitutional Development’s development of enabling legislation for the NCGBVF.

This Portfolio Committee place pressure on the courts to hear the trials of Jesse Hess, Tazne van Wyk and Meghan Cremer.

c) The Portfolio Committee on Police immediately capacitate DNA and forensic services, particularly in sourcing the chemical solution for analysing DNA.
We request the Portfolio Committee on Public Service and Development to conduct a feasibility study on converting the Clareinch Post Office into a Wellness Centre similar to a Thuthuzela Care Centre, given 2 119 that it is also next to the Clareinch Post Office.

We request the and the Portfolio Committee on Social Development exercise the necessary legislative oversight over their respective executive departments while aiding the implantation of the NSP-GBVF and the establishment of the NCGBVF.
d) That the National Assembly hold the Presidency and the rest of the executive accountable for the delayed action in establishing the NCGBVF and implementing the GBVF.

Urge all sectors involved in these processes to act decisively in ensuring that the fight against GBVF remains a priority for the State.

Furthermore, request that a government body be designated to hold, process and store the letters we have delivered until they can be archived.
That the PCWYPD and the DWYPD conduct a feasibility report on the conversion of the Clareinch Post Office into a wellness centre for survivors of GBV.

3.

RESPONSE BY THE DEPARTMENT OF WOMEN, YOUTH AND PERSONS WITH DISABILITIES 3.1 The Department of Women, Youth and Persons with Disabilities responded to the petition by indicating that their presentation purpose was to clarify the establishment of the Board of Trustees and provide an update on the development of the NCGBVF.
Furthermore, the Depart- ment indicated that the Minister of Women, Youth and Persons with Disabilities intends to introduce the Bill to Parliament in the current financial year.

The presentation of the Department also focused on the following: • Principle elements of the National Council on Gender Based Violence & Femicide Bill.

• Background on the model structure of the National Council on Gender Based Violence & Femicide and the National Strategic Plan (NSP) on Gender-Based Violence & Femi- cide.
• Provided progress update and status update on the proposed Bill.

3.2 Given the background provided by the Department, the Board of Trustees route was com- pletely abandoned by the Department as it started the process to establish the NCGBVF.
3.3 With respect to the Bill, the Department noted that it provides for the establishment of the National Council on Gender – Based Violence and Femicide (“the Council”); which as a statu- tory body responsible for providing strategic leadership on elimination of gender – based vio- lence and femicide in South Africa.
In addition, the Bill seeks to, inter alia; legislate for a multi 3 120 – sectoral and inter – sectoral approach to ensure effective implementation of the National Stra- tegic Plan on Gender – Based Violence and Femicide; and to provide for reporting mechanisms to facilitate the effective performance monitoring, evaluation and corrective action in the pre- vention of, and response to, gender-based violence and femicide in South Africa.
Cabinet ap- proved the Bill on 30 September 2021 and it was gazetted on 5 October 2021.

The Bill was also submitted to Nedlac and was scheduled for discussion at the SPCHD Cabinet Committee meet- ing on 15 March 2022.

The purpose of the submission to the Cabinet was request for Cabinet’s approval to introduce the Bill to parliament.

4.
4.

COMMITTEE OBSERVATIONS The Committees having deliberated on the presentations by Ms Sharif, Uyinene Mrwetyana Foundation and the Department of Women, Youth and Persons with Disabilities made the following observations: 4.1 Uyinene Mrwetyana Foundation Petition • The Committee welcomed the initiative taken by Ms Sharif on the petition by the Foundation.

The Committee also supports the recommendations made by Ms Sharif.
• The Committee acknowledged the concerns raised in the petition and the proposed recommendations made by the Foundation.

4.2 Department of Women, Youth and Persons with Disabilities • The Committees questioned when the consultation process on the Bill took place and whether the Uyinene Mrwetyana Foundation was invited to attend.

• The Committees enquired whether the Department considered the views of National Treasury in establishing the NCGBVF.
• The Committee enquired whether the 51% of representation of NGOs vs that of Government (41%) in the NCGBVF was resolved and how this transpired.

• The Committee queried how the Secretariat of the NCGBVF was coordinating work done by Government Departments in terms of GBV.

• The Committee sort more information about the Bill and what is envisaged in terms of the structure of the NCGBVF.
• The Committee was concerned about the slow pace of progress in establishing the NCGBVF as well as the implementation of the NSP on GBVF.

To this end, the 4 121 Committee enquired whether the Department had an intervention in place to fast track the implementation of the NSP on GBVF.

• The Committee questioned whether the Department had adequate capacity to establish the NCGBVF.
• The Committee also enquired whether there was a budget allocated to establish the Council and if yes, how much was used and on what given that the Council has not yet been established.

• The Committee asked which civil society organisations were consulted during the consultations on the NCGBVF Bill.

• The Committee asked when the Department would receive Nedlac’s inputs on the NCGBVF Bill and whether a time frame was allocated by which to submit their inputs.

5.
5.

COMMITTEE RECOMMENDATIONS 5.1 Ms Sharif’s recommendations • The Committee notes and supports the recommendations made to the Committee.

5.2 Uyinene Mrwetyana Foundation • The Foundation and other stakeholders should assist in awareness raising campaigns on issues of GBV.

The Foundation should also extend its programmes to rural areas especially in the Eastern Cape and Limpopo Provinces.
• The Committee would continue to conduct astute oversight of the Department of Women, Youth and Persons with Disabilities insofar as the implementation of the NSP on GBVF is concerned as well as the development of the proposed Bill on the NCGBVF and the subsequent establishment of the NCGBVF.

• The Committee would bring to the attention the issues raised by the Foundation to the Portfolio Committee on Police and the Portfolio Committee on Justice and Correctional Services.
5.3 Department of Women, Youth and Persons with Disabilities • The Department should make sure that its database is inclusive of all stakeholders to ensure that public consultations on issues such as the implementation of the NSP on GBVF is broadly consulted on.

5 122 • The progress report on the establishment of NCGBVF should be made public to ensure that community is aware of the latest developments.
• The Department should engage with the Department of Public Works and Infrastructure and the South African Post Office to explore the feasibility of converting the Clareinch Post Office into a wellness centre for survivors of GBV as per the Foundation’s recommendation.

• The Department should engage with the Foundation regarding the recommendation which relates to the postcards, how these should be processed and where these should be archived.
5.4 Department of Justice and Correctional Services • The Department of Women, Youth and Persons with Disabilities should ensure that the Department of Justice and Correctional Service fast tracks the process of finalising the trials of Jesse Hess, Tazne van Wyk and Megan Cremer.
5.5 Departments of Public Works and Infrastructure & Communications & Digital Technologies and South African Post Office • The Department of Women, Youth and Persons with Disabilities should ensure that the Department of Public Works and Infrastructure conducts a feasibility study to assess the conversion of the Clareinch Post Office into a wellness centre for survivors of gender- based violence.

Report to be considered 6 123 National Council of Provinces 1.
REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, WATER, SANITATION AND OF INTERVENTIONS ISSUED IN TERMS OF SECTION 139(1)(b) OF THE CONSTITUTION (1996) IN MALUTI-A PHOFUNG AND MAFUBE LOCAL MUNICIPALITIES - DATED 2 AUGUST 2022 ON WITHDRAWAL SETTLEMENTS HUMAN 1.
Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs, Water, Sanitation and Human Settlements, having considered the request by the National Council of Provinces (NCOP), to consider and report on the withdrawal of interventions invoked in terms of section 139(1)(b) of the Constitution in Maluti-A- Phofung and Mafube Local Municipalities, reports as follows: 1.2 In terms of NCOP Rule 101, the Office of the Chairperson of the NCOP referred the notices of withdrawal of interventions by the Free State MEC for Cooperative Governance and Traditional Affairs, to the Select Committee for consideration and reporting.
1.3 On 17 May 2022, the Select Committee had a virtual meeting with the Free State Department of Cooperative Governance and Traditional Affairs, and the internal and external stakeholders of the Municipalities.

1.4 The main objective of the virtual meeting was to interact with the Department and the stakeholders, in order to solicit their opinions on the progress made in respect of the implementation of the interventions in the respective Municipalities.
1.5 This report of the Select Committee is structured into two sections.

The first section reports on the withdrawal of intervention in Maluti-A-Phofung Local Municipality (MAP) and the second section reports on Mafube Local Municipality.

1 124 2.
1 124 2.

Briefing by the Department of Cooperative Governance and Traditional Affairs on Withdrawal of Intervention in terms of Section 139 (1)(b) of the Constitution in Maluti-A-Phofung Local Municipality 2.1 The Free State MEC for Cooperative Governance and Traditional Affairs briefed the Select Committee on the withdrawal of intervention in terms of section 139(1)(b) of the Constitution in the Municipality.
The presentation focused on the background, progress in respect of governance, financial management, service delivery, appointment of senior managers and status of court judgements.

3.

Background 3.1 MAP was placed under administration in terms of section 139(1)(b) of the Constitution on the 10 February 2018, after a series of unrests within the MAP area, specifically in QwaQwa.
There were various administrative and service delivery challenges in terms of monitoring and oversight actions performed by the Department of Cooperative Governance and Traditional Affairs, and serious financial problems as contemplated in section 138 of the Municipal Finance Management Act, 2003 (Act no.

56 of 2003).

This includes the risind of Eskom debt to the tune of R2.2 billion, non-payment of third parties amounting to R206 million covering pensions, medical aid, AGSA and insurance policies.
3.2 An urgent intervention by the Provincial Executive was necessary in terms of section 139(1)(b) of the Constitution of the republic of South Africa, 1996 (Act No 108 of 1996), as amended, to assume responsibility for the relevant obligations in the Municipality to the extent necessary to maintain essential national standards, restore finances to a sound footing and meet established minimum standards for the rendering of services.

4.
4.

Implementation Progress on Governance 4.1 A Service Level Agreement (SLA) with Eskom has been concluded and Eskom will proceed to install another 86 meters of Large Power Users (LPU’s) as per the SLA.
Regrettably, some of the decisions of the Joint Intervention Team have been reversed by the Municipal Manager, namely, among others: re-instatement of suspended managers/senior managers, re- 2 125 instatement of the shop stewards who were suspended, and reversed the implementation of the 4-shift system which was done in terms of the Collective Agreement for the Free State Division of the SALGBC, Circular No.

1/2016, dated 1 November 2016.


4.2 These actions risk the reversal of significant progress which were made with the implementation of among others, the Recovery Action Plan and some of the recommendations contained in the concurrence of the section 139(1)(b) letter of the NCOP in 2018 on consequence management.

It further undermined the efforts to restore discipline, governance systems, order, and accountability in the Municipality.
The dispute around the Municipality’s bank account has been put to bed, with the withdrawal of the Administrator as co-signatory to MAP’s bank account.

5.

Implementation Progress on Financial Management 5.1 As at June 2020, the Municipality has available cash, including investments amounting to R69, 881,954.

There is a plan available to which it is envisaged to successfully stabilize the Municipality’s cash flow with an expected income of R128, 571, 429 by November October 2020.
These projections are based on the expected revenue from installation of new electricity meters by Eskom on LPU’s from 1 June 2020.

The monthly salary bill of the Municipality is R46, 942,284, without overtime.

5.2 Creditors continue to increase as the Municipality’s Eskom bill has now risen to R5.2 billion, and the Municipality is still not yet servicing its DWS account.
An agreement has been reached with Eskom regarding the following: that MAP will explore all avenues available to it to pay current consumption of R55 million (excluding other charges); MAP undertook to pay R60 million of July equitable share towards the current account of the Municipality for July 2020.

Eskom would continue installing outstanding 87 of the 1st 100 meters of LPU’s and should be completed by end of June 2020.
5.3 Eskom also indicated that they would avail capacity to install another 200 meters by end of August 2020, which would increase revenue for the Municipality and possibly enable it to pay the August 2020 account.

Eskom declared its availability to take further instructions from MAP for more installations until the Municipality can pay its current monthly consumption.
Eskom also brought to the attention of MAP that some of the LPU’s who are supposed to make direct payments to Eskom, were not complying with the court order.

MAP 3 126 will have to attend to these customers in line with the court order to compel them to pay.

The other creditors are owed approximately R53 million.

6.
6.

Implementation Progress on Service Delivery 6.1 Service delivery is currently limited to essential services which includes, water and sanitation, electricity, waste collection, security and other services which are rendered on an ad-hoc basis, e.g.

housing, planning and finance.

The provision of water to communities continues to be a problem for the Municipality.

6.2 The Municipality is continuing providing water using water tankers and Jojo tanks for communities of Qwaqwa.
Ageing infrastructure has not helped the situation also.

Power outages are still a problem, with several experienced due to lack of load balancing.

Overloading has also led to transformers being blown, resulting in power outages.

An order of 60 transformers has been placed in anticipation of the demands of the winter period, and delivery is expected soon.

Waste removal is hampered by the lack of sufficient trucks, but two trucks have been ordered and the Municipality is awaiting delivery.

7.
7.

Progress on Appointment of Municipal Senior Managers 7.1 The Municipality is now stable, and vacant positions of the Municipal Manager and Chief Financial Officer were filled, respectively from 01 April 2020.

8.

Progress on the Status of Court Judgment 8.1 The MEC brought an application to set aside the salary levels that the Municipal Manager and Chief Financial Officer of MAP had been given when they entered into the contracts with the Municipality.
The then Administrator had offered them salaries in terms of the adverts, and with the Municipality recognized as a category 6 Municipality.

The matter was opposed by all parties.

The court ruled that the contracts and the salary levels were illegal ab initio, that means from the beginning.

8.2 The Municipality was ordered to enter into renegotiations with the officials and the differences in the salary levels agreed on, and the ones they initially contracted on must be paid back within 90 days.
The court erroneously set aside the appointment of the officials in 4 127 that the appointments were never the issue of the matter.

The officials have already given notice of their intention to appeal the court order.

9.
9.

Briefing by the Department of Cooperative Governance and Traditional Affairs on withdrawal of Intervention in terms of Section 139(1)(b) of the Constitution in Mafube Local Municipality 9.1 The Free State MEC for briefed the Select Committee on the withdrawal of intervention in terms of section 139(1)(b) of the Constitution in the Municipality.

The presentation focused on the background, service delivery challenges, service delivery achievements and status of municipal litigations.

10.
10.

Background 10.1 On 11 December 2019, the Free State Executive Council resolved to appoint Mr Moses Moremi as the EXCO Representative/Administrator for Mafube Local Municipality to replace the erstwhile EXCO Representative/Administrator, Mr Mokete Notsi, with effect from 1 January 2020.

On 11 December 2020.


10.2 The Free State Executive Council resolved to revoke section 139(1)(b) of the Constitution at Mafube Local Municipality with effect from 30 March 2021, and henceforth section 154 support in terms of the Constitution will be provided by Mr Moses Moremi from 1 April 2021 to December 2021.

The support was further beefed- up by the secondment of Mr. Kadimo Masekoane, as the acting Municipal Manager from 1 April 2020 until 1 April 2021.

11.
11.

Service Delivery Challenges 11.1 The status quo analysis on service delivery done in January 2020 revealed the following: • Insufficient water supply in high-lying sections of Mamello and Phomolong that will be alleviated by constructing Namahadi rising main, and attendant 8 km water pipeline to provide water services to these communities.
• Leveraging resources for the replacement of cement asbestos pipe that are prone to bursting and constitute a significant proportion of water network in the Municipality.

5 128 • Stalled capital projects as management encroached onto these grants and used R8 million for unintended purposes, i.e.

for defraying operational costs.


11.2 The reliability of water supply at high-lying areas that should be addressed by the implementation of Water Conservation and Demand Management Programmes (water balance and water pressure management, etc.).

A significant percentage (64%/8 458) of total households in the Municipality do have functioning water meters, however these meters age range between 10 to 15 years old and are prone to meter inaccuracies.
11.3 Around 573 unmetered stands, representing 4.2% of total meters were found during the meter audit and that posed a loss of revenue to the Municipality due to unmetered unbilled connections.

Conducting of prompt maintenance of water and waste-water service delivery infrastructure and eradication of basic sanitation backlog was necessary.

11.4 Sourcing of resources for the refurbishment of Waste Water Treatment Works to avoid the discharging of raw sewer into the Vaal River System was critical.
The Municipality have roads and storm-water backlogs that is standing at 224.54 km and will need an estimated capital outlay of R2.

475 billion.

11.5 This backlog represents 68.59% of the total road network of 327.32 km that criss- crosses the Municipal area.

Inadequate municipal fleet, that encumbers the Municipality to provide prompt and reliable municipal services such as refuse removal and maintenance of the bulk water, sanitation and roads and storm-water infrastructure.
Restoration of waste removal services on a weekly basis in all the towns and periodic removal of illegal dumping sites.

11.6 The average monthly collection rate from all revenue sources for the ten months period was R2.087 million, representing 20% collection rate, that is not sufficient to meet an average monthly gross salary bill of R9.1 million.

Collection rate is 75% less than the set threshold of 95% set by National Treasury.
Due to the low revenue collection the Municipality experienced salary deficit of R7.013 million monthly (R84, 156 million per annum).

The Municipality depends mostly on equitable share (ES) for payment of compensation of employees and other operations, however the whole of ES is used for salaries and nothing is left for the operations and service delivery purposes.

6 129 12.
6 129 12.

Service Delivery Achievements 12.1 As a result of support from CoGTA the following were achieved: R8 million of capital grants encroached with March 2020 ES was paid back; 100% of capital grants for 2019/20 were spent on intended purpose and thereby extended services such as electricity connections and ensured reliable provision of water services.
For example: completed and commissioned 6.5 Mega Litres (ML) reservoir at Villiers; refurbished and automated of 12 ML Frankfort Water Treatment Works.
12.2 Refurbished Ext 3 Sewer Pump Station Qalabotjha; Replaced blocked sewer lines in Ext.3 Qalabotjha; Upgraded 86-meter sewer lines at Frankfort (Klein Street); Upgraded 654m sewer main lines in Phomolong; Constructed and completed Namahadi road and storm- water; Completed the electrification of 466 households in Namahadi Ext.8; Constructed 3 km 6.6 KiloVolt (KV) Overhead Lines (OHL); Electrified 176 h/hs at Matoding Namahadi and electrified 52 h/hs at Mafahlaneng / Tweeling.
12.3 The Municipality provides an effective water and sanitation services and attendant operation and maintenance in an event of service interruption.

The Municipality is providing electricity services through rural maintenance.

The provision of waste removal services has been restored in all the towns, as the Municipality has purchased two compactor trucks.

12.4 Ensured that R16.9 million Covid Relief Grant was used to provide effective water and basic sanitation services.
The purchase of new yellow fleet - two 18 000l water tankers, 2 compactor vehicle and 1 TLB was facilitated.

12.5 The Municipality has implemented a Water Meters Replacement Project, as part of Revenue Protection Programme.

It has since replaced 708 conventional water meters with pre-paid water meters by 12 June 2021.
12.6 The outstanding two set of Annual Financial Statements for the 2018/19 and 2019/20 financial years, were submitted simultaneously to the Auditor-General on 16 February 2021 for auditing.

The outcome of these audits for both financial years were qualified audit opinion.

Decisions that were not in the best interest of the Municipality were reversed – opposed paying for unlawful contracts and demoted and adjusted salaries of 7 130 employees done contrary to the provision of the law.
The Municipal Manager was appointed and assumed duties on 4 May 2021.

12.7 Consequence management was implemented and disciplinary processes against two section 56 managers whose services were terminated by the 31st of December 2021 and the 4th of February 2022, was instituted.

The Rural Maintenance contract for the provision of electricity services on behalf of the Municipality is being reviewed.

13.
Status on Municipal Litigation Cases 13.1 On 4 May 2021, the Mafube Business Forum and Afri-Forum NPC lodged an application with the Free State Division of the High Court of SA against Mafube Local Municipality, the Municipal Manager, Council, EXCO Representative/Administrator, the Premier, EXCO of Free State, 3 MECs, 4 Ministers, NCOP, Fezile Dabi District, NCOP and the President seeking the following relief: Intervention in terms of section 139(7) of the Constitution to the effect that Mafube Local Municipality be dissolved and be placed under administration by National Government; A supervisory/structural interdict requiring that national respondents report back to court; Mafube Business Forum & Afri-Forum NPC be permitted to assist and oversee in the Mafube Local Municipality’s administration on a temporary basis.
13.2 The matter was heard on 27 January 2022, and judgement was delivered on 28 April 2022.

The said judgement ordered as follows: A mandatory Provincial Intervention in terms of section 139(4) and (5) of the Constitution should be instituted; The Free State EXCO on 11 May 2022 resolved to invoke section 139(5)(a) and (c) at Mafube.

14.
14.

Observations of the Select Committee 14.1 The Select Committee has noted that Mafube Local Municipality is still grappling with sustainability challenges, due to the following: Financial distress – (monies owed to Eskom, SARS, pension funds, Messrs Rural Maintenance, etc,); rising services arrears debt; ageing infrastructure challenges and dependency on conditional grants and equitable share.
14.2 The Select Committee has noted with great concerns on the status of litigations in both Municipalities, including the associated litigations costs.
8 131 14.3 The Select Committee has further noted that the Free State Department of Cooperative Governance and Traditional Affairs has withdrawn the interventions in both Municipalities in terms of section 139(1)(b) of the Constitution, and invoked section 139(1)(5) to assist the Municipalities with the development and implementation of the financial recovery plans, including support in terms of section 154 of the Constitution.

15.
15.

Recommendations of the Select Committee 15.1 Having considered the notices of withdrawals of interventions in terms of section 139(1)(b) of the Constitution in Maluti-A-Phofung and Mafube Local Municipalities, the Select Committee recommends to the NCOP as follows: 15.1.1 The NCOP notes the withdrawal of the interventions in terms of section 139 (1)(b) of the Constitution in Maluti-A-Phofung and Mafube Local Municipalities.
15.1.2 The NCOP notes that the MEC of Department of Cooperative Governance and Traditional Affairs has reported to place of Maluti-A-Phufung and Mafube Local Municipalities under section 139(5) of the Constitution for the purpose of developing and implementing financial recovery plans.
The select committee recommends the MEC of CoGTA to notify the NCOP and the provincial legislature so as to ensure constitutional and procedural compliance 15.1.3 The MEC for Cooperative Governance and Traditional Affairs provides the NCOP and the Free State Provincial Legislature with quarterly reports, including progress on litigation status in both the Municipalities.
15.1.4 The Select Committee on Cooperative Governance and Traditional Affairs to coordinate joint oversight visits in both Municipalities, in collaboration with the relevant Portfolio Committee in the Free State Provincial Legislature, in order to assess interventions impact.

Report to be considered.

9 132 1.


REPORT OF THE SELECT COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS, WATER, SANITATION AND HUMAN SETTLEMENTS ON NOTICE OF INTERVENTIONS IN TERMS OF SECTIONS 139(7) OF THE CONSTITUTION AND 150 OF THE LOCAL GOVERNMENT: MUNICIPAL FINANCE MANAGEMENT ACT IN MANGAUNG METRO MUNICIPALITY AND ENOCH MGIJIMA LOCAL MUNICIPALITY - DATED 2 AUGUST 2022 1.
Background and Overview 1.1 The Select Committee on Co-operative Governance and Traditional Affairs (Water, Sanitation & Human Settlements), having considered the request by the National Council of Provinces (NCOP), to consider and report on the interventions invoked in Mangaung Metropolitan Municipality and Enoch Mgijima Local Municipality in terms of section 139(7) of the Constitution and section 150 of the Local Government: Municipal Finance Management Act (MFMA), reports as follows: 1.2 On 2022, the Minister of Finance tabled a notice of interventions in terms of section 139 (7) of the Constitution and section 150 of the MFMA in Mangaung Metropolitan Municipality and Enoch Mgijima Local Municipality to the Office of the Chairperson of the NCOP.
1.3 Subsequent to the tabling, the Chairperson of the NCOP referred in terms NCOP Rule 101, the notice of interventions in the above-mentioned municipalities to the Select Committee for consideration and reporting.

1.4 On 7th June 2022, the Select Committee held a virtual interactive and consultative meeting with the National Treasury and the Department of Cooperative Governance and Traditional Affairs.
The main objective of the consultative virtual meeting was to accord the Departments a platform to brief the Select Committee on the constitutional, procedural and substantive matters related to the invocation of the interventions in terms of the Constitution and the legislation.

1 133 2.
1 133 2.

Briefing by the National Treasury on Interventions in Mangaung Metropolitan Municipality and Enoch Mgijima Local Municipality 2.1 The National Treasury briefed the Select Committee on interventions in terms of section 139(7) of the Constitution and section 150 of the MFMA in Mangaung Metropolitan Municipality and Enoch Mgijima Local Municipality.
The departmental presentation focused on the background, constitutional considerations, unsuccessful interventions by the provinces, procedural requirements and substantive requirements in both the municipalities.

3.

Background 3.1 On 06 April 2022, Cabinet approved a section 139(7) national intervention in both the Mangaung Metro and the Enoch Mgijima Local Municipality.
In both municipalities, the national intervention was preceded by a provincial Intervention in terms of section 139(5) of the Constitution.

In the case of the Enoch Mgijima, the provincial intervention was first invoked in 2018, in line with section 139(5)(a) of the Constitution.

3.2 In the Mangaung Metro, the intervention was invoked in December 2019, in terms of section 139(5)(a) and (c) of the Constitution.
No improvements were recorded in implementing the mandatory financial recovery plan since the provincial interventions were invoked.

A national intervention was necessary as a result of the deepening of the crisis in these municipalities, as well as requests for national intervention from the respective provinces.

4.
Constitutional Considerations 4.1 Section 139 of the Constitution provides for provincial intervention in local government under three circumstances: when a municipality fails to fulfil an executive obligation in terms of section 139(1); when a municipality fails to pass a budget or revenue raising measures that give effect to the budget in terms of section 139(4); when a municipality is in a financial crisis or is in persistent and material breach of its obligations to provide basic services and / or meet its financial commitments.
.

2 134 4.2 The hierarchy of interventions as per the Constitution requires that the Provincial Executive Council must first intervene.

In the event that the Provincial Executive cannot or does not intervene, national intervention is required in terms of section 139(7) of the Constitution.
4.3 Section 139(7) states: “If a Provincial Executive cannot or does not or does not adequately exercise the powers or perform the functions referred to in subsection (4) or (5) of the Constitution, the national executive must intervene in terms of subsection (4) or (5) in the stead of the relevant provincial executive.” 4.4 In both Mangaung Metro and the Enoch Mgijima Local Municipality, the provincial interventions were unsuccessful – the Financial Recovery Plans were not implemented as required, leading to an exacerbation of the crisis.
4.5 In the case of the Mangaung Metro, the Premier of the Province requested national intervention from the Deputy Minister of Finance, as the Province could not resolve the political challenges in the Metro.

In the Enoch Mgijima Local Municipality, the Province concurred with the view that a national intervention was required.

5.

Unsuccessful Interventions by the Free State and Eastern Cape Provinces 5.1 Provinces are very reluctant to invoke mandatory interventions.
To date, the preferred intervention has been a discretionary intervention in terms of section 139(1) of the Constitution.

Provinces also prefer to provide support under section 154 of the Constitution, rather than intervene when circumstances are evident in terms of section 139.

5.2 Discretionary interventions do not require a mandatory Financial Recovery Plan (FRP), and are therefore ineffective for resolving financial crises.
Interventions are poorly monitored by the Provinces and remedial actions required to deal with pressing problems is often lacking.

5.3 There is also the misconception that a FRP will automatically resolve the crisis in a municipality, and the root causes of the problem are often left unaddressed.

The incorrect use and often poor selection of an Administrator has also contributed to the lack of success in this process.

3 135 6.
3 135 6.

Procedural Requirements and Considerations 6.1 An intervention invoked in terms of section 139(7) of the Constitution is a replica of a section 139(5) intervention, with the exception that the national Cabinet acts instead of the Provincial Executive.

The provisions applicable to section 139(5) thus apply to section 139(7) interventions.
6.2 Therefore, Cabinet has the same three options: to impose a recovery plan to enable the municipality to meet its financial and service delivery obligations; dissolve the municipal council where circumstances warrant; assume responsibility for the implementation of the recovery plan to the extent that the municipality cannot or does not implement the FRP.

6.3 Cabinet must also notify the key stakeholders including the NCOP, the Speaker of the Legislature – within 7 days.
The Minister of CoGTA is a party to the invocation of a national intervention and therefore, notification of the intervention is not necessary.
6.4 When a section 139(7) intervention is invoked, the following processes must immediately be put into motion: obtain approval from Cabinet; notify the Legislature, NCOP and municipality; publish a notice in the Government Gazette; prepare terms of reference to appoint a National Intervention Team (including a National Cabinet Representative and subject matter experts); invite bids and conduct interviews; deploy the National Intervention Team; arrange for security to protect the National Intervention Team – grey area requiring further direction from SAPS; monitor progress monthly and report quarterly to Cabinet.
7.

Substantive Requirements and Considerations 7.1 The criteria to determine a financial crisis, is specified in section 140 of the MFMA.
A financial crisis is evident when one or more of the following criteria is met by the municipality: failure to make any payment to a lender or investor as and when due; failure to meet a contractual obligation which provides security in terms of section 48; failure to make any other payment when due which individually or in aggregate is more than a prescribed amount – where no amount is prescribed then a cut-off of 2% of the municipality’s budgeted operating expenditure is used; failure to meet its financial commitments which impacts or may impact on the availability or the price of credit to other municipalities; recurring or continuous 4 136 failure by a municipality to meet its financial commitments which then substantially impairs its ability to procure goods, services or credit on usual commercial terms.
7.2 In addition to section 140 of the MFMA, governance, institutional arrangements and service delivery are also assessed financial performance, governance, institutional arrangements and service delivery are referred to as the four pillars of municipal sustainability.

Generally, when a municipality is in crisis on matters related to governance, institutional development, financial management and service delivery.

8.
8.

Substantive Matters Related to Intervention in Enoch Mgijima Local Municipality 8.1 The Municipality received a qualified audit opinion for the last two financial years.

The Auditor-General observed that the inability of the Municipality to operate, was an ongoing concern.

There were drastic reductions in irregular and unauthorised expenditure, due to write offs without proper investigation.
There was an increase in fruitless and wasteful expenditure (R3,1 million in 2016/17 to R126,7 million in 2020/21).

There was no consequence management for UIFW expenditure.

Lack of internal controls /adherence to SCM policies.

The MPAC meetings were not taken seriously by management and council.

8.2 It was identified that the salary costs were 38.8 % of OPEX, and the organisational structure was not aligned to size of Municipality.
There was slow progress in reviewing current organisational structure, and most senior management positions were filled, although competency is yet to be determined.

Average spending on conditional grants was 58.6% between 2016/17 and 2020/21 financial years.

The cumulative amount of R84.5 million in conditional grants returned to National Revenue Fund for the period 2016/17 – 2020/21.

Further, there were backlogs in electricity provision and refuse removal.

9.
9.

Substantive Matters Related to Intervention in Mangaung Metro Municipality 9.1 The Metro received an unqualified audit opinion with findings for the last two financial years, but is still in a financial crisis.

SCM irregularities were noted, and the composition of the Bid Adjudication Committee (BAC) was incorrect.

Service Provider contracts were increased without council approval to the value of R244 million.

No consequence management in place.


There was an increase in all categories of UIFW: unauthorised expenditure was R3,9 billion; 5 137 irregular expenditure was R2,7 billion; fruitless/wasteful expenditure stood at R115 million.

There were also indications of council failure in performing fiduciary responsibility.

No progress in implementing mandatory FRP approved in 2020, as part of section 139(5) intervention by the Province.
9.2 The change in political leadership pre 2021 Local Government Elections lead to uncertainty and instability in administration.

The position of the Municipal Manager was vacant for more than one and a half years.

The acting Municipal Managers were appointed on a continuous basis, created further instability in the organisation.

There was mismanagement of overtime policies, of which the Executive Management Team failed to manage and control the problem.
Political Office Bearers also claimed overtime payments.

The establishment of the Metro Police increase the salary bill of the Metro, salary notch increments without process and irregular appointments.

The council and administration failed to oversee the municipal entity, CENTLEC (financial dispute remain unresolved).

9.3 In terms of financial performance, the Metro moved from an unfunded to a funded budget in 2019/20 adjustments budget.

The Metro had operating deficits for the last 3 financial years.
For 2020/21 financial year, the operating deficits was R566 million.

Debtors collection rate stood at 64%.

Outstanding debtors were R2,7 billion and outstanding creditors were R1,8 billion.

The Eskom debt stood at R242 million and Bloem Water debt was R524 million.

The Metro cash coverage ratio was 0 months.

9.4 Water losses have increased from 39% in 2018/19 to 42% in 2020/21.

There was poor routine maintenance of roads, water, sanitation and storm water infrastructure.
There is visible evidence of a lack of refuse/waste collection in the Metro.

Service delivery targets were not met, due to poor contract management and delays in the SCM processes.

Inadequate and poorly maintained fleet to respond to service delivery issues.

Poor spend on repairs and maintenance of 2,6 % in 2020/21.

A total of R849 million of unspent conditional grants were returned to the National Revenue Fund over the last five years.

10.
10.

Observations of the Select Committee 10.1 The Select Committee has noted that in terms of the constitutional and procedural requirements, the National Treasury has complied by tabling the notices of interventions in terms of section 139(7) of the Constitution and section 150 of the MFMA.

The 6 138 respective Provincial Legistures and the NCOP have been duly notified, within the stipulated 7 days after the intervention began.
10.2 The Select Committee has observed that the substantive matters that led to the invocation of interventions in Mangaung Metro and Enock Mgijima Local Municipality revolve around political instability, lack of service delivery, poor financial management, lack of progress in the implementation of financial recovery plan, unfunded budget and non- compliance with supply chain management and lack of oversight and consequence management.
10.3 While welcoming the intervention by the National Treasury in Mangaung Metro and Enoch Mgijima Local Municipality, the Select Committee has noted with concerns the lack of progress on the implementation of previous interventions aimed at assisting the Municipalities to implement the financial recovery plans.
10.4 The Select Committee further noted with concern about the delay on the tabling of the Intergovernmental Monitoring, Support and Intervention Bill to Parliament by the Department of Cooperative Governance and Traditional Affairs.
10.5 The Select Committee is of the opinion that the tabling of the Intergovernmental Monitoring, Support and Intervention Bill will provide a legislative framework for the implementation of proper guidelines, norms and standards on the invocation and implementation of interventions in local government.

11.
Recommendations of the Select Committee 11.1 Having considered the notices of interventions in terms of section 139(7) of the Constitution and section 150 of the Municipal Finance Management Act in Mangaung Metro and Enock Mgijima Local Municipality, the Select Committee recommends as follow: 11.1.1 The National Council of Provinces notes the interventions in terms of section 139(7) of the Constitution and section 150 of the Municipal Finance Management Act in Mangaung Metro and Enock Mgijima Local Municipality.
7 139 11.1.2 The National Treasury should ensure the deployment of qualified, competent and professional Administrators in implementing the interventions terms of references in Mangaung Metro and Enock Mgijima Local Municipality.The National Treasury after appointing competent administrators provide the select committee with the profile of the appointed administrators 11.1.3 The appointed Administrators should provide regular reports to the councils of both Municipalities, in line with the terms of references of the interventions.
11.1.4 The National Treasury should provide quarterly reports to the Provincial Legislatures and the National Council of Provinces on the implementation of section 139(7) of the Constitution and section 150 of the Municipal Finance Management Act in Mangaung Metro and Enock Mgijima Local Municipality.
11.1.5 The Minister for Cooperative Governance and Traditional Affairs should fast track the tabling of the Intergovernmental Monitoring, Support and Intervention Bill to Parliament, in order to provide norms and standards for the invocation and implementation of interventions in local government.
11.1.6 The Select Committee should, in collaboration with the relevant Portfolio Committee in Free State and Eastern Cape Provincial Legislatures, monitor the implementation of interventions and were feasible, conduct joint oversight visits to the Mangaung Metro and Enock Mgijima Local Municipality, in order to engage the internal and external stakeholders of the Municipalities on progress made in respect of the implementation of the interventions.

Report to be considered.

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