25 November 2021
25 November 2021
A. ISSUES IN THE ENVIRONMENT
1. Vaccination against the Coronavirus Disease (COVID-19) pandemic
1.1. Cabinet was pleased that over 260 000 people vaccinated during the second Vooma Vaccination Weekend held countrywide from 12 to 14 November 2021.
1.2. We must remember that the virus has not been eradicated and vaccination protects us from serious illness, hospitalisation or death.
1.3. Vaccination is free to all people living in South Africa, and anyone aged 12 years and older is encouraged to vaccinate. Let us vaccinate to ensure a safe and joyful festive season with our families and friends.
2. District Development Model (DDM)
2.1. Cabinet welcomed the visit by President Cyril Ramaphosa to the Ugu District in KwaZulu-Natal on Friday, 12 November 2021, which highlighted the development of the Eastern Seaboard that encompasses 600 kilometres of the coastline between KwaZulu-Natal and the Eastern Cape.
2.2. The Eastern Seaboard Development is a flagship project of the DDM, which sets out to build inclusive local economies to overcome the legacy of apartheid spatial planning. The project aims to harness the potential of the vast natural endowments of the area for economic growth.
3. Medium Term Budget Policy Statement (MTBPS)
3.1. Cabinet fully supported the financial path set out in the MTBPS presented by Finance Minister Enoch Godongwana in Parliament, Cape Town on Thursday, 11 November 2021, which sends a strong message of our commitment to prudent fiscal discipline.
3.2. As part of our social commitments, 60% of our budget was allocated to housing development, free basic services, employment programmes, health, education and social grants.
3.3. The initiatives outlined in the MTBPS demonstrate that government has a clear plan to guide the economy through the turmoil created by the COVID-19 pandemic and place our nation on a long-term growth path.
4. Intra-African Trade Fair 2021 (IATF2021)
4.1. The successful IATF2021 – held at the Inkosi Albert Luthuli International Convention Centre in Durban from 15 and 21 November 2021 – has helped deepen cooperation and boost intra-African trade and investment.
4.2. The IATF brought together business leaders to share trade, investment, market information and broaden investment opportunities on the continent. South African goods and services were also profiled and marketed to build networks and partnerships to increase exports into the continent.
5. Household safety
5.1. Cabinet expressed concern about the safety of children following recent sporadic cases of child kidnappings in different parts of the country. During the upcoming festive season, parents and caregivers must be extra vigilant regarding the safety and whereabouts of children in their care.
5.2. Parents and caregivers are urged to discuss general safety precautions with children in their care, including on COVID-19 risks and protocols. We also urge parents and caregivers to consider which activities their children, especially the youth, can safely participate in.
5.3. Events such as matric rage parties and matric farewell after-parties are potential COVID-19 superspreaders. Large gatherings, especially those which involve the consumption of alcohol, are a major risk and undermine our efforts to contain the spread of the virus.
6. Formation of local government coalitions
6.1. Cabinet thanked all eligible voters who cast their vote in the 2021 Local Government Elections (LGE) held on Monday, 1 November 2021 to determine who should govern at local government. It also noted the coalition arrangements recently announced on those hung municipalities where there was no outright winner.
6.2. Cabinet congratulated all newly elected mayors and councillors, and wished them success in their important task of providing municipal services to all communities, irrespective of their political affiliation. It also applauded political parties for the decorous manner in which they conducted themselves during the LGE and coalition negotiations.
7. Social cohesion
7.1. Cabinet noted the rising xenophobic sentiments and stereotypes in some parts of the country against foreign nationals.
7.2. The onslaught of COVID-19 has affected all people in South Africa and the negative sentiments being perpetuated by a handful of people do not reflect the true state of cordial relations between foreigners living and working within our communities and our citizens.
7.3. Cabinet called on communities to be vigilant and avoid being coerced into hating other fellow human beings. It called on everyone to act responsibly and within the bounds of the law. Report any act of lawlessness such as intimidation and public violence to law-enforcement agencies.
B. CABINET DECISIONS
1. Outcomes of the 26th session of the Conference of the Parties (COP26) to the United Nations Framework Convention on Climate Change (UNFCCC)
1.1. Cabinet was briefed by Minister of Forestry, Fisheries and the Environment, Ms Barbara Creecy, on the outcomes of the 26th session of the COP to the UNFCCC held in Glasgow, Scotland, United Kingdom (UK) from 31 October to 13 November 2021.
1.2. South Africa’s participation was anchored on its commitments to the Paris Agreement on Climate Change of 2015 to reduce greenhouse gas emissions and to build climate resilience of its society and economy. The country’s move to renewable energy hold many benefits for both our environment and the economy.
1.3. Cabinet welcomed the historic Just Transition Partnership established by South Africa with France, Germany, the UK, the United States and the European Union, which was announced at COP26.
1.4. Cabinet acknowledged the offer of the partnership to mobilise R131 billion over the next three to five years to support South Africa’s Just Transition plans. The offer is in line with the commitment under the Paris Agreement by the developed countries to support developing countries’ climate actions, including those of South Africa.
1.5. An Inter-Ministerial Committee chaired by President Ramaphosa will coordinate further work on the country’s Just Transition plan and on the financial offers made to South Africa in the context of the partnership.
1.6. Cabinet further mandated government to appoint a financial team consisting of National Treasury; Industrial Development Corporation; Department of Forestry, Fisheries and the Environment; Eskom and other finance experts to consider the technical aspects of the partnership and offer.
2. Extension of the National State of Disaster
2.1. In line with the terms of Section 27(5) (c) of the Disaster Management Act, 2002 (Act 57 of 2002), Cabinet approved the extension of the National State of Disaster to 15 December 2021. These measures continue to assist in the country’s fight to stop the spread of COVID-19.
3. Disability Rights Awareness Month
3.1. Cabinet approved the concept approach to this year’s commemoration of Disability Rights Awareness Month, which is commemorated annually from 3 November to 3 December. The theme for 2021 is: “The Year of Charlotte Mannya Maxeke – Create and Realise an Inclusive Society Upholding Rights of Persons with Disabilities”.
3.2. The campaign focuses on raising awareness on persons with disabilities in our society, and also celebrates the progress we have made as a country to provide space for the active participation of people with disabilities in our drive for economic growth. The Minister in The Presidency for Women, Youth and Persons with Disabilities, Ms Maite Nkoana-Mashabane, will soon unpack the weekly thematised programmes.
3.3. South Africa ratified the UN Convention on the Rights of Persons with Disabilities.
4. National Child Rights Status Report
4.1. Cabinet approved the publication of the annual National Child Rights Status Report. It is the first comprehensive status of the child report for the country that has been developed using the country’s National Plan of Action for Children 2019-2024.
4.2. The report outlines progress on the implementation of legislation and policies that are meant to protect and promote the rights of children as provided for in the Bill of Rights.
5. State Party Report to the African Committee of Experts on the Rights and Welfare of the Child (ACERWC)
5.1. Cabinet approved South Africa’s State Party Report to be submitted to the ACERWC of the African Union (AU).
5.2. This is the third report that South Africa is submitting to the ACERWC, in line with the country being the signatory to AU obligations on the welfare and protection of children in the continent. The current report, which is due to be tabled in March 2022, responds also to the observations made by the ACERWC in our 2016 report.
6. Special Zimbabwean Exemption Permit (ZEP)
6.1. Cabinet considered the much talked about ZEP and also noted the fake news being spread on these permits. The first Zimbabwean special dispensation started in 2009 and was called the Dispensation for Zimbabwe Permit. It provided for the documentation of qualifying Zimbabweans for a five-year period.
6.2. In 2014, the dispensation was extended by three years and called the Zimbabwean Special Permit. The current ZEP was initiated in 2017 and comes to an end on 31 December 2021.
6.3. Following its deliberations, Cabinet decided to no longer issue extensions to the Zimbabwean special dispensations. However, it decided on a 12 months grace period at the expiry of the current ZEP.
6.4. During this period, the holders of this permit should apply for other permits appropriate to their particular status or situation. At the expiry of this 12-month period, those who are not successful will have to leave South Africa or be deported.
7. Reconfiguration of the South African electoral system to include independent candidates
7.1. Cabinet approved that the report of the Ministerial Advisory Committee (MAC) on Electoral Systems Reforms be submitted to Parliament. The electoral reforms were initiated after the Constitutional Court judgment declared in 2020 that the Electoral Act, 1998 (Act 73 of 1998) was unconstitutional as it only provided for the elections of members of the National Assembly and provincial legislatures to be done through political parties.
7.2. The MAC report presents policy options that can remedy the unconstitutional aspects of the Electoral Act of 1998.
8. Sectoral Emission Targets (SETs) Framework
8.1. Cabinet approved the SETs Framework in line with South Africa’s implementation of the Paris Agreement signed by the Conference of the Parties to the UN Framework Convention on Climate Change in 2015. The framework will guide the lead government department’s approach in coordinating the process towards allocating and implementing SETs with sister departments.
8.2. The national departments’ planning instruments or Policies and Measures (PAMs) seek to mitigate emissions from the sector in line with the sectoral emissions target. Sectoral PAMs are critical for implementing sectoral emission targets. They will be defined and allocated as soon as the Climate Change Bill becomes law. These will be determined for three rolling five-year periods and reviewed every five years.
9. Company-level carbon budgets
9.1. Cabinet approved the Company-Level Carbon Budget Allocation Methodology approach for implementation. A mandatory carbon budget system targeting high emitting companies will be implemented in 2023. The carbon budgets system will compel high-emitting companies to adopt assigned amounts of greenhouse gas emissions as five-year commitment allocations.
9.2. The carbon budget allocation methodology sets out the scope of mandatory carbon budget implementation and details operational frameworks to be used to calculate and allocate company-level carbon budgets for the first mandatory phase and beyond.
10. Rationalisation of magisterial districts
10.1. Cabinet welcomed the finalisation of the rationalisation of the remaining four provinces’ (Eastern Cape; Free States; KwaZulu-Natal and Western Cape) magisterial districts. The process, which gives effect to the Constitution of the Republic of South Africa of 1996, commenced in 2014 with magisterial districts of Gauteng and North West being rationalised. Limpopo and Mpumalanga were finalised in 2016 and Northern Cape in 2018.
10.2. Prior to 1994, the country’s magisterial districts were determined along racial lines, perpetuating inferior judicial services to black people living in the defunct homelands, self-governing states and townships.
10.3. The proposed reconfigured courts’ jurisdiction boundaries ensure equal access to the justice system by all South Africans. The process to finally come up with these boundaries was an all-inclusive process that included the magistracy, South African Police Service; National Prosecuting Authority; Legal Aid Board, Municipal Demarcation Board and all relevant stakeholders in the respective provinces.
11. State litigation management, mediation and state legal representation policies
11.1. Cabinet approved three policies pertaining to the management of state litigation, mediation and state legal representation. These policies seek to promote a professionally empowering and cost-effective management of state litigation cases.
11.2. The policies provide general principles to be observed and the approach to be adopted by the Office of the State Attorney (OSA) when dealing with state litigation matters. Also, the policies establish uniform procedures and provide a framework to assist the OSA. The mediation policy also introduces alternative interventions on cases that can be resolved at less costly court processes.
11.3. These approved policies will operate as a transitional mechanism whilst the State Attorney Act, 1957 (Act 56 of 1957), as amended, is being reviewed.
1. Basic Education Laws Amendment Bill
1.1. Cabinet approved the submission to Parliament of the Basic Education Laws Amendment Bill. The Bill amends the South African Schools Act, 1996 (Act 84 of 1996) and the Employment of Educators Act, 1998 (Act 76 of 1998).
1.2. The proposed amendments seek to strengthen the systems of learning in education as envisaged in the Constitution of the Republic of South Africa of 1996. The amendments, amongst others, give effect to the universal access to the two years of early childhood development.
1.3. The Bill also enforces accountability within school governing bodies, and clarifies the admission, language and code of conduct policies in schools. The proposed amendments will improve access to education for all learners across the country.
1.4. The Bill has gone through public consultation and also with all relevant stakeholders.
2. Financial Sector Levies Bill of 2021
2.1. Cabinet approved the submission of the Financial Sector Levies Bill of 2021 to Parliament. The Bill gives effect to the Financial Sector Regulation (FSR) Act, 2017 (Act 9 of 2017).
2.2. The Bill imposes levies on the financial sector to be used for funding the operations and functioning of the financial-sector bodies established in terms of the FSR Act of 2017. It also imposes a compulsory deposit insurance premium on registered members of a corporation to provide a safety net for the depositors in the event of the bank’s failure.
2.3. The Bill also amends the Pension Funds Act, 1956 (Act 24 of 1956); the Banks Act, 1990 (Act 94 of 1990); Mutual Banks Act, 1993 (Act 124 of 1993) and the Financial Advisory and Intermediary Services Act, 2002 (Act 37 of 2002) and aligns them with the FSR Act of 2017 in respect of financial-sector bodies.
3. Electoral Amendment Bill
3.1. Cabinet approved the much-awaited Electoral Amendment Bill for submission to Parliament. The Bill amends the Electoral Act of 1998 to make provision for the election of independent candidates to the National Assembly and provincial legislatures.
3.2. In June 2020 the Constitutional Court ordered Parliament to remedy the defect in the current Electoral Act of 1998 to ensure independent candidates can stand for election to the National Assembly and provincial legislatures.
3.3. Cabinet further approved the submission of the MAC report that set out options to remedy the aspects of the Electoral Act that were found to be unconstitutional.
A. UPCOMING EVENT
1. 16 Days of Activism for No Violence against Women and Children 2021
1.1. Cabinet approved the conceptual approach to the 16 Days of Activism for No Violence against Women and Children campaign. The public awareness campaign will be marked under the theme: “The Year of Charlotte Mannya Maxeke: 16 Days of Activism – moving from awareness to accountability”. The campaign forms part of the government’s comprehensive 365 Days of Activism for awareness and advocacy work on stopping violence against women and children.
1.2. Cabinet urges all of us to condemn and commit to stop the violation of women and children in the country. The recent crime statistics on gender-based violence and femicide released by the Ministry of Police should concern all peace-loving and law-abiding South Africans.
1.3. Cabinet calls on all South Africans to work together to ensure that the campaign takes the country closer to achieving the right to safety of women and children. Minister Nkoana-Mashabane will today, 25 November, launch the start of this campaign.
Cabinet extended its congratulations and well-wishes to:
• Mr Damon Galgut, the author who won the prestigious 2021 Booker Prize for his novel, The Promise, and the third South African to win the Booker Prize.
• Mamelodi Sundowns Ladies for winning the inaugural Confederation of African Football Women’s Champions League held in Cairo, Egypt. Their ground-breaking achievement is sure to spur on the further development of women’s football in South Africa.
Cabinet expressed condolences to the family and friends of:
• Mr FW de Klerk (85), the former pre-democracy President of South Africa who also served as Deputy President in the Government of National Unity in 1994. He shared the Nobel Peace Prize in 1993 with former President Nelson Mandela for their work for the peaceful termination of the apartheid regime, and for laying the foundations for a new democratic South Africa.
• Mr Wilbur Smith (88), the acclaimed international author who sold more than 140 million books. He was a celebrated writer and storyteller who ranks among our nation’s literary giants.
• Mr Tubby Reddy (62), the former Chief Executive Officer (CEO) of the South African Sports Confederation and Olympic Committee, who steadfastly worked for the betterment of sport in South Africa.
All appointments are subject to the verification of qualifications and the relevant clearance.
1. Mr Lucky Charles Mohalaba as CEO of the Inkomati-Usuthu Catchment Management Agency.
2. Prof Azwihangwisi Edward Nesamvuni as Chairperson of the Board of the South African National Biodiversity Institute.
3. Mr Lemogang Pitsoe as CEO of the African Exploration Mining and Finance Corporation.
4. Mr Nasele Nathan Mehlomakulu as Deputy Director-General: Food Security and Agrarian Reform in the Department of Agriculture, Land Reform and Rural Development.
5. Board of Directors of the Compensation Fund:
(i) Mr Paul Serote (Chairperson);
(ii) Mr Gerald Boitumelo Mokgoro;
(iii) Mr Tibor Szana;
(iv) Ms Valerie Manamane Rennie;
(v) Dr Zukiswa Pinini;
(vi) Ms Ndivhuwo Manyonga;
(vii) Ms Gys Myburgh McIntosh;
(viii) Mr Mandla Shezi;
(ix) Mr Adam Letshele;
(x) Dr Sethole Reginald Legoabe;
(xi) Ms Elma Mary Burger;
(xii) Rev Ntombizine Madyibi;
(xiii) Ms Vuyiswa Miya;
(xiv) Mr Fani Xaba;
(xv) Ms Sumaya Hoosen;
(xvi) Mr Kevin Cowley;
(xvii) Dr Hilko Johannsmeier;
(xviii) Mr Jan Mahlangu;
(xix) Ms Naledi Tsipane;
(xx) Mr Janek Wilimiec;
(xxi) Mr Edward Malometje Thobejana; and
(xxii) Ms Desugee Pillai.
6. Board of Directors of the South African Weather Service:
(i) Ms Feziwe Yolanda Renqe;
(ii) Ms Mmapula Moreen Kgari;
(iii) Ms Sandika Daya;
(iv) Ms Moipone Edith Magomola;
(v) Mr Mmaphaka Ephraim Tau;
(vi) Mr Itani Phaduli;
(vii) Prof Ndivhudzannyi Sylvester Mpandeli; and
(viii) Dr Grant Reagon Son.
7. Board of Directors of the Construction Industry Development:
(i) Mr Khulile Vuyisile Nzo (Chairperson);
(ii) Prof Susanna Gertruida Bouillon (Deputy Chairperson);
(iii) Ms Yvonne Deliwe Mbane;
(iv) Mr Tumelo Gopane;
(v) Mr Sibusiso Makhanya;
(vi) Ms Karabo Joyce Siyila;
(vii) Ms Moloko Benadette Rabosiwana;
(viii) Ms Ertia Boitumelo Mokgatle;
(ix) Ms Celeste Margo le Roux;
(x) Mr Danny Lesiba Masimene;
(xi) Ms Thuthuka Siphumezile Songelwa;
(xii) Ms Bongekile Zulu; and
(xiii) Mr Khuliso Kennedy Maimela.
8. Board of Directors of the Community Schemes Ombud Service:
(i) Ms Marvellous Phindile Mthethwa (Chairperson);
(ii) Mr Sediko Rakolote;
(iii) Ms Julia Ramataboe;
(iv) Ms Deshni Subbiah;
(v) Mr Mthokozisi Daluxolo Xulu;
(vi) Mr Donovan Vincent Goliath; and
(vii) Ms Ntombikayise Sithole.
9. Board of Directors of the Property Practitioners Regulatory Authority:
(i) Mr Steven Piet Ngubeni (Chairperson);
(ii) Ms Pamela Nonkululeko Makhubela;
(iii) Adv Mxolisi Sphamandla Nene;
(iv) Mr Terry Kevin Johnson;
(v) Mr Thato Ramaili;
(vi) Me Thokozani Radebe;
(vii) Ms Thuthuka Siphumezile Songelwa;
(viii) Mr Shaheed Peters;
(ix) Ms Nokulunga Makopo; and
(x) Ms Pamela Beatrice Snyman.
(xi) Ms Veruska Gilbert (Representative from the Department of Trade, Industry and Competition)
10. Board of Directors of the National Home Builders Registration Council:
(i) Ms Nomusa Mufamadi (Chairperson);
(ii) Mr Francois Beukman;
(iii) Mr Kganki Matabane;
(iv) Ms Nontuthuko Chiluvane;
(v) Ms Mandy Jayakody;
(vi) Mr Refilwe Lediga;
(vii) Ms Morwesi Ramonyai;
(viii) Ms Siphindile Memela;
(ix) Ms Nomthandazo Lucia Ncalane-Ngcobo;
(x) Ms Kedibone Tsiloane;
(xi) Mr Roy Mnisi;
(xii) Ms Shelly Huntley;
(xiii) Ms Sasa Subaban; and
(xiv) Ms Zodwa Matiwane.
11. Members of the Council of the Social Housing Regulatory Authority:
(i) Ms Busisiwe Nzo (Chairperson);
(ii) Ms Pulani Thobejane-Mogotsi
(iii) Ms Lahlane Malema;
(iv) Ms Sanele Masiza;
(v) Ms Yvonne Deliwe Mbane;
(vi) Ms Lebogang Shole;
(vii) Ms Ayanda Olifant;
(viii) Ms Zimbini Hill;
(ix) Ms Confidence Tshilande;
(x) Mr Kevin Kiewitz;
(xi) Mr Ashley Latchu; and
(xii) Mr Mashukudu Maboa.
12. Board of Directors of the Housing Development Agency:
(i) Dr Tshilidzi Ratshitanga (Chairperson);
(ii) Ms Marina Dumakude (Deputy Chairperson);
(iii) Dr Manqoba Soni;
(iv) Ms Nalini Maharaj;
(v) Mr Rajesh Makan; and
(vi) Ms Magdeline Tshabalala.
Enquiries: Ms Phumla Williams – Cabinet Spokesperson
Mobile: 083 501 0139
Issued by: Government Communication and Information System (GCIS)
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