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Reply by North West Premier, Prof Tebogo Job

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Reply by North West Premier, Prof Tebogo Job REPLY BY NORTH WEST PREMIER, PROF TEBOGO JOB MOKGORO, TO THE DEBATE ON THE 2020 STATE OF THE PROVINCE ADDRESS HELD AT THE NORTH WEST PROVINCIAL LEGISLATURE IN MAHIKENG ON THURSDAY, 27 FEBRUARY 2020 Speaker of the North West Provincial Legislature, Honourable Sussana Dantje Deputy Speaker of the North West Provincial Legislature, Honourable Viola Motsumi Members of the Executive Council Members of the North West Provincial Legislature The Chief Whip of the Majority Party, Honourable Paul Sebegoe Leaders of Opposition parties Distinguished guests Members of the media Ladies and gentlemen, Good morning. HonourABle SpeAker, the legislative sector occupies a very important position in our democracy as an institution through which our people actively participate and enforce their rights enshrined in our Constitution. We are the bearers of the litmus test to assess the full effectiveness and extend our constitutional democracy. Let’s Grow North West Together ---------------------- 1 | Page It is regrettable that in the recent past, we have not covered ourselves in glory. Just as the Nation was recovering from the events of the 13th February 2020 during the state of the nation address, we in the North West, and unfortunately in the house conducted ourselves in a manner that could only have disgraced the decorum of this esteemed house. Hon Members, I wish to take this opportunity on behalf of the people of the North West, and on all of our behalf, to apologize to the people of the North West and country for our conduct and behavior last Friday. This is not who we, nor what our legislature is, and most importantly this is not what our hard won democracy is about. South Africa is waiting to see how we redeem ourselves through decisive actions to restore the image of this house. HonourABle SpeAker, we are a Provincial Government at work; our commitment towards building a Province that works for ALL its people. We are serious when we say that we are changing the lives of our people for the better As President Ramaphosa said during his response to the SONA debate, whatever our differenes, we all share a common commitment to better the lives of our people. We should therefore carry a joint obligation to defeat negative doubts about each other’s resolve to improve the lot of the poor of our province Ladies and gentlemen, yesterday morning, students of the North West University Mahikeng campus and a number of residents of Mahikeng, witnessed two buffaloes in the NWU chapel yard and, after a swift response by government’s wildlife officials, they were quickly put down before they could endanger any human beings. Let’s Grow North West Together ---------------------- 2 | Page I am mentioning this incident because of the fact that HonourABle Winston RABotApi of the DA might think that those were some of the 600 head of wild animals we intend to donate. Rest assured, HonourABle RaBotApi, they were not. Instead, HonourABle SpeAker, the approved process for the distribution of wildlife to beneficiaries will unfold as follows: An advert will be run on both print and electronic media for a period not less than 30 days for aspiring wildlife farmers to apply and go through transparent selection criteria before they can be approved as beneficiaries. Only those who qualify will be approved as beneficiaries of such donation. The process of capture and delivery of the animals will be preceded by a formal inspection of the beneficiaries’ farms to confirm compliance as at the time. The beneficiaries will then receive continued technical support from the Department and the North West Parks Board as the Provincial Conservation Entity. The total number of animals to be donated annually is informed by the excess animals that require to be removed to prevent over stocking of the Game Reserves. Management of the numbers in the Game Reserves is a critical component of Game Management to ensure that the carrying capacities are not exceeded. HonourABle LenkopAne, the animals that are kept in quarantine at Madikwe Game Reserve are currently 63 including the progeny’s. Let’s Grow North West Together ---------------------- 3 | Page The animals are part of TB Treatment as it is public knowledge that Madikwe Game Reserve Buffaloes are infected with Tuberculosis. The animals that have been kept in the Boma are ready to be moved out pending the final paperwork - which refers to the removal permit and transportation - that has to be in place to ensure compliance with Legislation. HonourABle SpeAker , the receiving farm has already been inspected for compliance and they have been approved, and the last TB test was conducted and all animals have once more tested negative, hence they are ready to be moved out of the Boma as soon as permits are issued. The total number of Buffaloes in the Boma is 62. Out of the 62 only 44 tested negative for TB and they are ready to be released. The remaining 18 Buffaloes still require another round of TB tests before they can be confirmed to be TB negative. The application for the regulatory permits received is for 44 Buffaloes to be removed from the Boma in Madikwe Game Reserve. HonourABle SpeAker, I wish to advise the House that the matter relating to the Unit 3 Residential Units in Mahikeng is currently part of an on-going investigation by the Asset Forfeiture Unit, the National Treasury and the Hawks. In addition to those investigations, there is an application for a Preservation Order that is before the North West High Court; which when granted, will ultimately lead to a Forfeiture Order. I wish to appeal that we allow that legal process to continue to its finality. Let’s Grow North West Together ---------------------- 4 | Page HonourABle MemBers, it is true that we have deployed the required number of social workers and I would like to assure HonourABle Matshidiso Botswe of the EFF that the Mahikeng sub-district, which has a population of 314 394 people and a total of 35 wards, has been allocated 45 social workers and an additional 11 social work supervisors; the same approach has been applied in all the four districts. In March 2016, the Office of the Premier appointed NEPO Data Dynamics (Pty) Ltd as Consultant to provide programme management services and project execution on behalf of the Office of the Premier. The Master Service Level Agreement entered into was then followed by three addendums in May 2016, June 2016 and April 2017, respectively. HonourABle SpeAker, the June 2016 addendum provided that the Supply Chain Management Policies and Process are those of Nepo Data Dynamics (Pty) Ltd, instead of Government SCM Procurement Policies and processes; in contravention and complete disregard of the Public Finance Management Act, 1999 related Government SCM Procurement Policies and processes. Consequently, the Master Service Level Agreement was later cancelled by the Administrator and this cancellation was followed by an Arbitration process; which the Office of the Premier is of the view that there was gross irregularity of process of such arbitration, the arbitrator acting ultra vires his powers, and an improper award was made, based on the following: • By ignoring the content of the June 2016 addendum which provided that the Supply Chain Management Policies and Process Let’s Grow North West Together ---------------------- 5 | Page of Nepo Data Dynamics (Pty) shall prevail over the Government SCM Procurement Policies and processes, the arbitrator failed to have regard to the Constitution and the Public Finance Management Act, 1999 • Failure by the arbitrator to have due regard of the evidence in that the arbitrator failed to satisfy his concern that the June 2016 addendum completely disregarded the Government SCM Procurement Policies and processes, in favour of the Supply Chain Management Policies and Process of Nepo Data Dynamics (Pty)Ltd • The arbitrator’s failure to have due regard of the General Principles of the Law of Contract in failing to consider that the Master Service Level Agreement, had no escalation clause and thus it is inconceivable that he could make an award in excess of R116 million plus R13,48 million in a dispute relating to a contract worth R12,83 million. HonourABle SpeAker, it is our firm belief, on the basis of law, that this arbitration award was made contrary to Section 23 of the Arbitration Act and that the award is untenable regard being had to the information that was before the arbitrator and the fact that the arbitrator misdirected himself. The Office of the Premier is taking the process on review and setting aside the agreements on which the award is based on the grounds that they were unlawfully concluded. Let’s Grow North West Together ---------------------- 6 | Page HonourABle MemBers, it is our view that, based on those grounds, there are reasonable prospects of success in opposing this application. We have deposed two affidavits – an answering affidavit and an affidavit in support of a counter application – in response to the founding affidavit by NEPO Data Dynamics, in respect of our High Court application to have the arbitration award, made in favour of NEPO Data Dynamics, declared an order of court, for filing with the Registrar of the High Court. HonourABle SpeAker, schooling disruptions in Kagisano Molopo, Tlaakgameng in particular, began on 13 January 2020 and full blown disruptions were witnessed two days later when learners reported for the new academic year; with community members demanding the construction of a tarred surface road and in the process, leading to a loss of over 30days of teaching and learning. Ten primary and five secondary schools were affected while another five schools are continuing to run smoothly. We have therefore put up school intervention camps for learners and educators from Tlaakgameng and Phaposane villages while we find a lasting solution to the community protests.
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