Questions and Replies

07 September 2018 - NW2430

Profile picture: Mhlongo, Mr P

Mhlongo, Mr P to ask the Minister of Defence and Military Veterans

What is the (a) name of each investing company that has invested on land owned by (i) her department and (ii) each entity reporting to her and (b)(i) nature, (ii) value and (iii) length of each investment?

Reply:

The National Department of Public Works is the custodian of all immovable assets that vest in National Government and as such is responsible for all facility life cycle management functions. The Memorandum of Agreement was signed in 2015 by Minister of Public Works to transfer the facility life cycle management functions on Defence Endowment Property. (specifically immovable assets). The process is underway to be concluded in the Medium Term. Therefore there is no company invested on any land allocated to the DoD by NDPW.

07 September 2018 - NW1112

Profile picture: Mulaudzi, Mr TE

Mulaudzi, Mr TE to ask the Minister of Small Business Development

What (a) number of consulting firms or companies are currently contracted by (i) her department and (ii) the entities reporting to her and (b)(i) is the name of each consultant, (ii) are the relevant details of the service provided in each case and (iii) is the (aa) start date, (bb) time period, (cc) monetary value in Rands of each contract and (dd) name and position of each individual who signed off on each contract?”

Reply:

The details of consulting firms or companies that are currently contracted by the Department of Small Business Development (DSBD), and its entities (the Small Enterprise Development Agency [SEDA] and the Small Enterprise Finance Agency [SEFA]) are attached as Annexure A.

05 September 2018 - NW2345

Profile picture: Mente-Nqweniso, Ms NV

Mente-Nqweniso, Ms NV to ask the President of the Republic

(a) What number of international trips has he undertaken since taking office and (b) who has accompanied him on each trip that is not a member of the Government?

Reply:

a) Twenty two (22) international visits have been undertaken.

(b) The Presidency delegation lists that provide names of people that accompanied the President on each trip do not have anyone who is not a member of government. However the Department of Trade and Industry does put together a list of business people that accompany the government delegation on some international visits. These business delegations are coordinated by the dti.

05 September 2018 - NW2246

Profile picture: Hoosen, Mr MH

Hoosen, Mr MH to ask the Minister of Home Affairs

(1)Whether, with reference to his reply to question 1768 on 8 June 2018, the figures in Table 1 include the total number of decisions taken by Refugee Status Determination Officers (RSDOs) and referred to the Standing Committee for Refugee Affairs (SCRA), or simply those decisions finalised by the SCRA; (2) what number of (a) decisions were taken by RSDOs in each calendar year since 1 January 2008 and (b) the specified decisions were (i) referred to and (ii) decided by the (aa) SCRA and (bb) Refugee Appeals Board (RAB) in each case; (3) what number of the specified decisions referred to the SCRA and RAB were (a) taken on review and (b) set aside following the judicial reviews in each case in each calendar year; (4) whether the (a) RSDOs, (b) SCRA and/or (c) RAB are experiencing any backlogs with the processing of decisions and appeals; if so, what are the full details of the backlogs in each case?

Reply:

(1) Those are decisions finalised by SCRA.

(2)(a)&(b) The information is tabulated in the tables hereunder:

(aa) FOR SCRA

Year

Decisions taken by RSDO (a)

Unfounded (In cases of appeal referred to RAB) (i)

Manifestly Unfounded automatic refer to SCRA (ii)

2008

69114

Not Available

2009

50622

18856

27199

     

Upheld
18239

Set Aside
472

2010

77071

24827

42161

     

Upheld
30995

Set Aside
196

2011

43953

16875

20275

     

Upheld
6680

Set Aside
13

2012

63228

25037

31965

     

Upheld
38628

Set Aside
263

2013

68241

35402

25553

     

Upheld
9404

Set Aside
94

2014

75733

29545

36958

     

Upheld
22972

Set Aside
247

2015

60640

14093

44048

     

Upheld
16884

Set Aside

1777

2016

41241

21693

16391

     

Upheld
24516

Set Aside
1894

2017

27980

6819

18894

     

Upheld
15534

Set Aside
1843

Please note: In 2008 the statistics for rejections were not divided into unfounded and manifestly unfounded.

(bb) FOR RAB:

CASES RECEIVED BY RAB AS UNFOUNDED AND FINALISED

YEAR

UNFOUNDED REFERRED TO RAB (i)

RECEIVED

FINALISED (ii)

2008

Not Available

3877

1550

2009

18856

4601

4139

2010

24827

4879

3420

2011

16875

4362

5434

2012

25037

4958

4886

2013

35402

9413

2743

2014

29545

15452

4466

2015

14093

14475

4993

2016

21693

4455

2670

2017

6819

10117

5261

3(a) The information is as follows:

Year

(aa) Asylum Seeker

(bb) Refugee Status

2013

630

712

2014

399

523

2015

1089

1021

2016

435

792

2017

238

1115

2018

14

758

Total

2805

4921

Grand total of litigation instituted by asylum seekers and refugees to date is 7,726 (2805 + 4921)

3(b) Litigation brought against the Department by asylum seekers is essentially contextualised as follows:-

New Asylum Seekers: These are illegal foreigners detained at Lindela Repatriation Centre (“Lindela”) or Police Stations, seeking urgent court orders to be released from detention on the basis that they are new asylum seekers who want to be afforded opportunity to apply for asylum. In most such cases, courts do not award costs to the applicants and simply order their release, so as to allow them to apply for asylum. This is in line with the Supreme Court of Appeal judgment of BULA and Others / Minister of Home Affairs and Others in which the court held that once intention to apply for asylum is indicated, asylum seeker is entitled to protective provision by the Republic under International Law. These court applications are mostly not settled in both parties favour in that asylum seekers (applicants) are released from detention and afforded the opportunity to apply for asylum and no costs order is made against the Department.

Asylum Seekers Appeals to the Refugee Appeal Board (“RAB”): These are asylum seekers whose applications have been rejected by the Refugee Status Determination Officer (“RSDO) on the grounds that their applications are unfounded. Such asylum seekers may appeal the RSDO’s decision to the RAB. During the period 2013 – 2016, the RAB experienced capacity challenges which led to a huge backlog in finalising the appeals. This resulted in litigation in which asylum seekers whose applications are pending before the RAB would launch court applications compelling the RAB to either furnish them with interview dates and/or finalise decisions. Because of the nature of this litigation, the Department and/or RAB had no legal grounds to oppose them and as a consequence, there were costs orders occasioned by these applications. However, since the capacity constraints have been addressed at the RAB, this nature of litigation has ceased.

Failed Asylum Seekers: These are those asylum seekers/applicants whose applications have either been rejected by the Standing Committee on Refugee Affairs (“SCRA”) or RAB. The rejection by SCRA or RAB renders such asylum seekers illegal foreigners in the Republic and therefore liable for arrest and detention for the purposes of deportation. Upon arrest, failed asylum seekers approach the courts to seek orders to review and set aside the rejections. Such applications are normally brought in two parts, namely, Part A and Part B. In Part A, the applicants seek orders to be released from detention pending finalisation of Part B. In Part B, they seek orders to review and set aside the decision of the RAB or SCRA. Ordinarily, in Part A of the application, there are no orders as to costs. However, in Part B, parties incur costs. Part B is seldom set down for hearing as the intention of the failed asylum seekers is never to prosecute the review, but rather to secure the indefinite stay in the Republic. Costs in these review applications are also reserved pending the finalisation of these review applications.

The nature of litigation instituted by refugees against the Department is mainly two-fold:

(i) Certification in terms of Section 27(c) of the Refugees Act

These applications are meant to compel SCRA to recognise the applicants as indefinite refugees.

(ii) Refugees Identity and Travel Documents

These applications are meant to compel the Department to issue refugees with South African Refugee Identity Documents (“refugee IDs”) and/or Travel Documents.

Ordinarily, the Department does not oppose these applications as there are no legal grounds to oppose them. The applicants merely seek orders to compel the Department to finalise their applications for refugee IDs and/or Travel Documents. In such matters, costs are confined to the issuing of high court applications only.

4(a-c) The information is as follows:

Area of responsibility

2017

Legacy

Total

RSDO

623

997

1620

SCRA

9836

30490

40326

RAB

5246

142548

147794

05 September 2018 - NW2307

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

(1)With reference to the reply of the Minister of Finance to question 45 on 25 June 2018 and the statement issued by the Government Communications and Information System on 14 November 2017, (a)(i) when and (ii) for what reason was the Presidential Fiscal Committee established, (b) how many times has the committee met, (c) on what date did each meeting take place, (d) what is the name of each (i) committee member and (ii) official present at each specified committee meeting and (e) what was the purpose of each specified committee meeting; (2) whether the committee has been disbanded; if not, why not; if so, what are the relevant details? NW2484E

Reply:

  1. The Presidential Fiscal Committee (PFC) was established on 11 October 2017, following the decision of the Extended Cabinet meeting of 28 September 2017, as follows:
  • President of the Republic of South Africa as Chairperson
  • Deputy President
  • Minister of Finance
  • Minister in The Presidency: Planning, Monitoring and Evaluation
  • Minister of Science and Technology
  • Minister of Economic Development
  • Minister of Energy
  • Deputy Minister of Finance
  • Director-General in The Presidency and Secretary of the Cabinet
  • Director-General: National Treasury

The position of Chairperson was later delegated by the President to the Minister of Finance.

As detailed in the Government statement of 14 November 2017 that the Honourable Member has referred to, the Committee was mandated to work with the National Treasury and other stakeholders to find creative ways of meeting the country’s fiscal targets and resolving competing priorities. In particular, the PFC was tasked with considering the proposals prepared by the National Treasury to bring the public finances back onto a sustainable path. The Committee was further mandated to make recommendations and to provide advice on spending priorities which may be considered.

The secretariat of the PFC sits with the National Treasury and therefore all secretariat-related questions should be re-directed to the PFC secretariat.

(2) While the Committee has not formally been disbanded, it has not met since 21 November 2017.

05 September 2018 - NW2596

Profile picture: Ntlangwini, Ms EN

Ntlangwini, Ms EN to ask the Minister of Trade and Industry

(1)(a) What is the total number of (i) deputy directors-general and (ii) chief directors that are employed in (aa) an acting and (bb) a permanent capacity in his department and (b) what is the total number of women in each case; (2) (a) what is the total number of (i) chief executive officers and (ii) directors of each entity reporting to him and (b) what is the total number of women in each case?

Reply:

(1)

(a)

(i)

Deputy Directors-General

(ii)

Chief Directors

(b)

Male

Female

(b)

Male

Female

(aa)
Acting

1

1

(aa)
Acting

2

1

Total

2

Total

3

(bb)
Permanent

7

7

(bb)
Permanent

22

31

Total

14

Total

53

Response from the Entities

Entity

2(a)(i)

2(a)(ii)

2(b)

Companies and Intellectual Property Commission (CIPC)

The CIPC has one (1) Commissioner

The CIPC does not have a board, therefore it does not have directors

Nil

Companies Tribunal (CT)

The entity does not have a Board but there is the Chairperson who is part time

As from 01 August 2018, the CFO is appointed as Acting COO, the position that has been renamed from Full Time Tribunal member to Chief Operating Officer. The COO post is advertised

One (1) woman

Export Credit Insurance Corporation (ECIC)

The ECIC has one (1) Chief Executive

The ECIC has nine (9) directors

Three (3) women

National Consumer Commission (NCC)

The NCC has one (1) Commissioner

The NCC has one (1) Deputy Commissioner however it does not have a board, therefore it does not have directors

One (1) woman

National Consumer Tribunal (NCT)

The NCT has one (1) Executive Chairperson

The NCT has five (5) EXCO members

One (1) woman

National Credit Regulator (NCR)

The NCR has one (1) Chief Executive

The NCR has one (1) Deputy Chief Executive however it does not have a board, therefore it does not have directors

One (1) woman

National Empowerment Fund (NEF)

The NEF has one (1) Chief Executive

The NEF has seven (7) directors

Five (5) women

National Gambling Board (NGB)

The NGB has one (1) Administrator

The NLC does not have a board, therefore it does not have directors

One (1) woman

National Lotteries Commission (NLC)

The NLC has one (1) Commissioner

The NLC does not have a board, therefore it does not have directors

One (1) woman

National Metrology Institute of South Africa (NMISA)

The NMISA has one (1) Chief Executive

The NMISA has seven (7) directors

Three (3) women

National Regulator For Compulsory Specifications (NRCS)

The NRCS has one (1) Chief Executive

One (1) Executive Manager and fifty two (52) Senior Managers

Eighteen (18) women

South African Bureau of Standards (SABS)

The SABS has one (1) Chief Executive

The SABS has six (6) directors

Three (3) women

South African National Accreditation System (SANAS)

The SANAS has one (1) Chief Executive

The SANAS has nine (9) directors

Three (3) women

“Except as explicitly stated herein the Ministry: Department of Trade and Industry (the dti) does not express an opinion in respect of any factual representations. The opinion /memo provided  is limited to the matters stated in it and may not be relied on upon by any person outside the dti or used for any other purpose neither in its intent or existence. It must not be disclosed to any other person without prior written approval other than by law. Nothing contained herein shall be construed as limiting the rights of the dti to defend or oppose any claim or action against the dti."

05 September 2018 - NW2242

Profile picture: Stubbe, Mr DJ

Stubbe, Mr DJ to ask the Mr D J Stubbe (DA) to ask the Minister of Police

(1) (a) When was a contract first entered into for the lease of the building that is currently being used as the Rietvale Satellite Police Station in the Northern Cape, (b) at the time of first entering into the lease, (i) to whom did the building belong and (ii) with whom was the lease entered into, (c) what were the original terms of the lease and ( d) what are the costs of the rental agreement; (2) whether, since entering into the lease, the ownership of the building has changed hands; if so, (a) who is the new owner of the building, (b) with whom is the lease agreement currently signed and (c) on what date does the current lease agreement end?

Reply:

(1 )(b)(i) The building belonged to Mrs DJE Pretorius.

(1 )(b)(ii) The lease contract was between Mrs DJE Pretorius, as the lessor and the National Department of Public Works (NDPW), as the lessee.

(1 )(c) The responsibilities of the lessor are as follows:

~ Assessment rates and fixed municipal levies, including all related increases.

~ Any related insurance of the premises and increases, thereof.

~ Normal maintenance and repairs (including painting) of both the interior and exterior of the premises, including the exterior of the premises of the high-rise building.

Attached please find here: Replay continue

:

05 September 2018 - NW2309

Profile picture: Horn, Mr W

Horn, Mr W to ask the Minister of Police

Whether any persons were (a) arrested and/or (b) charged in the City of Cape Town Ward 67 in the period 1 May 2018 and 30 June 2018; if not, in each specified case, why not; if so, what are the relevant details in each specified case?

Reply:


(a) and (b)

The South African Police Service (SAPS) does not record statistics, based on Wards. The SAPS statistics are registered according to station precincts or geographical blocks.

Reply to question 2309 recommended

GENERAL NATIONAL COMMISSIONER; SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2018-08-23

Reply to question 2309 approved/not approved

MINISTER OF POLICE
BH CELE, MP
Date: 2018-08/31

Attached please find here: Date of publication internal question paper

05 September 2018 - NW2196

Profile picture: Lekota, Mr M

Lekota, Mr M to ask the President of the Republic

Whether, with reference to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, he and the Government have taken any action regarding the utterances of the former President, Mr J G Zuma, on numerous occasions while he was still President, including a gathering of the Congress of South African Students over free tertiary education held at Ethekwini City Hall in Durban, that he was aware of corrupt activities that were committed but he kept quiet; if not, why not; if so, what are the relevant details of the action taken?

Reply:

Section 34 of the Prevention and Combating of Corrupt Activities Act (Act 12 of 2004) requires that “any person who holds a position of authority” and who knows or ought reasonably to have known or suspected that any other person has committed certain listed offences must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to a Police Official in the Directorate for Priority Crime Investigation at the South African Police Service (SAPS).

The Act further defines “any person who holds a position of authority” as:

  1. the Director-General or head, or equivalent officer, of a national or provincial department;
  2. in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local government: Municipal Structures Act, 1998 (Act 117 of 1998);
  3. any public officer in the Senior Management Service of a public body;
  4. any head, rector or principal of a tertiary institution;
  5. the manager, secretary or a director of a company as defined in the Companies Act, 1973 (Act 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act 69 of 1984);
  6. the executive manager of any bank or other financial institution;
  7. any partner in a partnership;
  8. any person who has been appointed as chief executive officer or an equivalent officer of any agency, authority, board, commission, committee, corporation, council, department, entity, financial institution, foundation, fund, institute, service, or any other institution or organisation, whether established by legislation, contract or any other legal means;
  9. any other person who is responsible for the overall management and control of the business of an employer; or
  10. any person contemplated in paragraphs (a) to (i), who has been appointed in an acting or temporary capacity.

The Act does not place any statutory obligation on the President or Members of the Executive, Members of Legislatures or the Judiciary,

It is important, however, to emphasise that the fight against corruption is a continuous process, which requires the involvement of all citizens and that provided with evidence, the relevant law enforcement agencies would not hesitate to take the necessary actions.

We would therefore encourage all South Africans, regardless of the position they occupy, to provide any evidence of alleged corrupt activities to the SAPS.

 

05 September 2018 - NW1483

Profile picture: Rabotapi, Mr MW

Rabotapi, Mr MW to ask the Minister of Small Business Development

(1)Whether, with reference to the reply of the President, Mr C M Ramaphosa, to the debate on the State of the Nation Address on 22 February 2018 to implement lifestyle audits, (a) she, (b) senior management service members in her department and/or (c) any of the heads of entities reporting to her have undergone a lifestyle audit in the past three financial years; if not, have any plans been put in place to perform such audits; if so, in each case, what are the details of the (i) date of the lifestyle audit, (ii) name of the person undergoing the audit, (iii) name of the auditing firm conducting the audit and (iv) outcome of the audit; (2) whether she will furnish Mr M P Rabotapi with copies of the lifestyle audit reports?”

Reply:

Neither the (a) the Minister of Small Business Development, (b) the senior Management service members nor the (c) heads of entities have undergone a lifestyle audit in the past three financial years. However, the Department of Small Business Development (DSBD) adheres to the system of financial disclosures as prescribed by the Public Service Regulations of 2016 which enables employees to disclose financial interests. This includes disclosure of shareholding, directorships and partnership, equities, income generating assets, sponsorships; remunerative work outside and employees’ formal employment; gifts and hospitality. This is a yearly exercise and the DSBD, like all Departments, are expected to comply with the regulation.

Financial disclosures by senior management service (SMS) are verified by the Public Service Commission (PSC) and by the Department of Public Service and Administration (DPSA). Any findings of possible conflict of interest are identified in this process and communicated with the relevant Executive Authority. Furthermore, the Auditor-General of South Africa (AGSA) has access to financial disclosures of employees by virtue of Section (15) of Public Audit, 2004 [Act No. 25 of 2004]. The AGSA is therefore empowered to conduct an audit on the lifestyle of any public service employees to verify the financial position of such persons and establish conflict of interest.

Although the announcement by the President is acknowledged on the need to conduct lifestyle audits, the Minister of Public Service and Administration (MPSA), Minister Ayanda Dlodlo in her Budget Speech on 16 May 2018, indicated that “In responding to the call by the President, we are developing a framework, which will inform how we institute or conduct lifestyle audits on all Public Service employees. This is in addition to existing measures, which prohibit employees from conducting business with organs of state”. The Small Business Development (SBD) Portfolio that is the DSBD together with its entities; the Small Enterprise Development Agency (Seda) and the Small Enterprise Finance Agency (sefa) will comply to the DPSA Framework for conducting lifestyle audits when adopted. This Framework will then be embedded in policies of the SBD Portfolio for guidance to ensure compliance.

(2) No. There are no report of such audits, since lifestyle audits, in the strict sense of the terms, have yet to be conducted by the Department in the event of a formalised Framework from the DPSA.

05 September 2018 - NW2202

Profile picture: Lekota, Mr M

Lekota, Mr M to ask the President of the Republic

Whether he has launched any form of inquiry into allegations that secret state spy funds had been used to splash out R10 million on a luxury mansion that could become the new home of the Minister of State Security after she allegedly rejected the house provided by the Department of Public Works; if not, why not; if so, what was the outcome thereof?

Reply:

The President received a full briefing from the Minister of State Security on the matter. Having regard to the details of the briefing and related matters, the President is of the view that there are no grounds to establish a commission of inquiry into the matter.

The Joint Standing Committee on Intelligence, a committee of Parliament, will also receive a briefing on the matter by the Minister as part of its oversight and accountability function.

05 September 2018 - NW2308

Profile picture: Horn, Mr W

Horn, Mr W to ask the Minister of Police

Whether any persons were (a) arrested and/or (b) charged in the City of Cape Town Ward 66 in the period 1 May 2018 and 30 June 2018; if not, in each specified case, why not; if so, what are the relevant details in each specified case?

Reply:

(a) and (b)

The South African Police Service (SAPS) does not record statistics, based on Wards.
The SAPS statistics are registered according to station precincts or geographical blocks.

Reply to question 2308 recommended


GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date
; 2018-08-23

Reply to question 2308 approved


MINISTER OF POLICE
BH CELE, MP
Date
: 2018-08-31

Attached please find here: Question 2018

 

04 September 2018 - NW2189

Profile picture: Mashabela, Ms N

Mashabela, Ms N to ask the Minister of Energy

What number of jobs has he found will be lost at all Eskom owned power plants once all Independent Power Producers companies which had their bids approved by his department come onto the grid?

Reply:

The Department received the question, reviewed its contents against its mandate and has determined that the most appropriate respondent should be the Department of Public Enterprises.

04 September 2018 - NW2260

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the Minister of Energy

(1) Whether, with reference to his reply to question 1816 on 15 June 2018, (a) his spouse and/or (b) an adult family member accompanied him on any official international trip since he was appointed as the Minister of Energy; if not, what is the position in this regard; if so, what (aa) is the name of the person(s), (bb) was the (aaa) purpose and (bbb) destination of the trip and (cc) was the (aaa) total cost and (bbb) detailed breakdown of the costs of the accompanying person(s) to his department; (2) whether each of the specified trips were approved by the President in terms of the provisions of section 1, Annexure A of the Ministerial Handbook; if not, why not; if so, what are the relevant details? NW2434E

Reply:

(1) In undertaking the international trips under question, I was accompanied neither by my spouse nor any adult member of my family.
(2) All the international trips I undertook were approved by the President as per the relevant provisions in the Ministerial Handbook.

04 September 2018 - NW2243

Profile picture: Davis, Mr GR

Davis, Mr GR to ask the Minister of Energy

1) What are the reasons for his department's determination to proceed with the procurement of electricity from two coal independent power producer (IPP) projects when renewable IPP projects provide more affordable and cleaner alternatives; 2) Whether his department's determination to proceed with the procurement of electricity from two coal IPP projects is based on the 2010-2030 Integrated Resource Plan for Electricity; if not, on which strategic plan is his department's determination based; if so, why is his department relying on an old and outdated plan for future energy needs; 3) In light of the numerous court cases pending against both projects, by what date does his department expect each of the two coal IPP projects to reach (a) commercial and (b) financial close; and 4) whether his department conducted any cost-benefit studies prior to making its decision to procure electricity from the two coal IPP projects, particularly relating to the impact on poor communities that cannot afford to pay for the expensive electricity procured from the two projects; if not, why not; if so, what are the relevant details of the outcome of the study?

Reply:

1) Government's energy policy, among others, is premised on a balanced energy mix recognizing our country's natural endowment of energy carriers, including coal. Our policy decisions are not informed exclusively by a single consideration, but rather by a variety of key considerations such as affordability, energy efficiency and security of supply, job creation. localisation and commitment to reduce carbon emissions and water usage.

South Africa faces significant rigidity in its economy and therefore any policy-driven transition to a low carbon and climate resilient society must take into account its overriding priority to address poverty and inequality. Government's position therefore should be understood in the context of these and other national circumstances. Thus, in giving effect to a just transition we will pay special attention to workers' jobs and their livelihood.

2) Although the two Coal Independent Power Producers (IPPs) have been procured in terms of a determination based on the 2010 IRP, generation of electricity from a mix of renewable and non-renewable sources, including from coal-fired power stations remains unchanged and thus coalfired power generation and the two Coal IPPs will continue to be relevant. It should be noted that the process of procuring the two coal IPPs was formally initiated in 2014 in accordance with the Integrated Resource Plan promulgated in 2011. The procurement process has been initiated by government at that time and government needs to honor commitments in respect of this procurement process.

3) Environmental approvals secured by the two Coal IPP projects pending the outcome of litigation and a decision on (a) commercial close and {b) financial close will be informed by the state of readiness of the projects.

4) See reply to (1) above. All IPP projects are procured and contracted pursuant to Ministerial Determinations issued by the Minister of Energy, in consultation with the National Energy Regulator of South Africa (NERSA) in terms of Section 34 of the Electricity Regulation Act, No 4 of 2006. Ministerial Determinations are guided by the Integrated Resource Plan (IRP). The development of the Integrated Resource Plan (IRP) is widely consulted and includes, among others, considerations such as carbon emission reduction commitments, cost of new technology uncertainties, water usage, localisation and job creation as well as regional development and integration and security of supply. The multiplicity of considerations and a balanced energy mix of both base load coal fired generation and intermittent renewable power generation allows for blended pricing to address the impact of prices, environmental sustainability and security of supply. It is not a requirement to undertake any additional feasibility studies prior to each Ministerial Determination or each bid window. The Coal IPP Programme was pursued on the grounds of Ministerial Determinations pursuant to section 34 of the Electricity Regulation Act, No. 4 of 2006, that new generation capacity was required and in accordance with the planning framework of the widely consul ted Integrated Resource Plan (IRP).

Furthermore, each IPP participating in the tender process is responsible for undertaking a feasibility study of its own project prior to bid submission to ensure the bankability of the project. At bid submission the IPPs have to comply with various elements within the qualification criteria which can only be complied with if they did undertake feasibility studies

04 September 2018 - NW2476

Profile picture: Dlamini, Mr MM

Dlamini, Mr MM to ask the Mr M M Dlamini (EEF) to ask the Minister of Energy

(a) On what date will the new Integrated Resource Plan be released and (b} where will it be available for public access? NW2733E

Reply:

Cabinet approved the Draft IRP Update for public consultation on 22 August 2018. The gazetted plan was available on 27 August 2018, for written comments to be submitted within 60 days of publication.

04 September 2018 - NW2531

Profile picture: Macpherson, Mr DW

Macpherson, Mr DW to ask the Minister of Trade and Industry

With reference to the ongoing debate on the expropriation of land without compensation and the nationalisation of the SA Reserve Bank (SARB), (a) on what number of occasions have representatives from his department met with their American counterparts to unpack the unfolding debate on both matters, (b) what has the feedback been from each meeting and (c) what effect has he found that the expropriation of land without compensation and the nationalisation of the SARB had with respect to South Africa’s continued participation in the African Growth and Opportunity Act, 2000?

Reply:

a) The dti officials have met with the US Embassy no less than three times between June and August 2018. All these discussions were aimed at exchanging views and sharing information on bilateral trade and investment issues between South Africa and the US. Discussion on the ongoing debate on land expropriation arose in this context, and was not more prominent than other issues under discussion. The nationalisation of the SA Reserve Bank (SARB) was never raised in the discussions between the dti and the US Embassy.

b) The discussions have been mostly to discuss recent developments such as the US Section 232 tariffs on steel and aluminium imports into the US and their impact on South Africa’s AGOA benefits. In the few instances where the US raised the land issue, the dti provided an update and explained the transparent and responsible approach that will be followed in decision making. The Embassy emphasised that the US government would not be taking sides but had an interest in seeing a legal and constitutional resolution of the issue.

c) In all the meetings with US Embassy, no links were made on land expropriation without compensation and AGOA. The US State Department, as indicated in its statement, recognises the complexities of the land reform programme and its intention to ensure equitable distribution of land in South Africa. There is also recognition that South Africa’s land reform programme will be undertaken through a Constitutional process that is inclusive and transparent and will be carried out in accordance with the laws of the country. The World Bank has also published a study on “Overcoming the legacy of exclusion in South Africa” which states that a well- managed system of land distribution is essential to redressing the country’s economic inequality. The President’s statements on this issue have also assisted to communicate a clear message to all trade partners on the approach to land reform which aims to ensure that the land reform aims to boost the productive use of land to promote sustainable development. Furthermore, land reform will be undertaken taking due consideration of the need to promote food security and the implications for other sectors of the economy. There is also recognition of the ability of South Africa to handle complicated issues of national interest having managed to find a peaceful solution in resolving apartheid and in moving towards a democratic dispensation.

03 September 2018 - NW2284

Profile picture: Bara, Mr M R

Bara, Mr M R to ask the Minister of Social Development

What number of school governing bodies requested access to the Child Protection Register before employing school staff, as required by the Children’s Act, Act 38 of 2005, (a) in the (i) 2015-16, (ii) 2016-17 and (iii) 2017-18 financial years and (b) since 1 April 2018?

Reply:

No school governing body has requested access to the Child Protection Register before employing school staff, as required by the Children’s Act, Act 38 of 2005, (a) in the (i) 2015-16, (ii) 2016-17 and (iii) 2017-18 financial years and (b) since 1 April 2018.

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2313

Profile picture: Mulaudzi, Mr TE

Mulaudzi, Mr TE to ask the Minister of Justice and Correctional Services

(a) What number of labour disputes are currently being faced by (i) his department and (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by his department in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package?

Reply:

1. (a) As at July 2018, the Department of Justice and Constitutional Development (DoJ&CD) is dealing with 345 disputes that are currently at different stages, i.e. 276 Conciliation and Arbitration and 69 Labour Court Disputes. Table 1 provides details of Conciliation and Arbitration Disputes, and Table 2 provides details of Labour Court Disputes.

TABLE 1: Conciliation and Arbitration Disputes

  1. Causes of Disputes
  1. Nature of Disputes
  1. (i) Date Reported
  1. (ii) Date Finalised
  1. Fraud

Unfair Dismissal

2015/05/05

Not Applicable

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/01/17

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/01

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/02/21

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/02/24

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/02/20

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/10

2018/04/23

  1. Performance Management System

Unfair Labour Practice

2017/05/30

2018/04/23

  1. Employment Benefits

Unfair Labour Practice

2017/12/05

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2017/12/06

2018/04/23

  1. Promotion

Unfair Labour Practice

2017/12/18

Not Finalised

  1. Discrimination - Employment Equity Act

Unfair Labour Practice

2018/01/19

2018/05/30

  1. Performance Management System

Unfair Labour Practice

2018/01/25

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/02/28

Not Finalised

  1. Fraud

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/20

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/04/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/06/01

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/18

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/10

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/09

Not Finalised

  1. Performance Management System

Unfair Labour Practice

2018/07/03

Not Finalised

  1. Theft

Unfair Dismissal

2016/03/07

Not Finalised

  1. Shortlisting

Interpretation & Application

2017/03/06

Not Finalised

  1. Sexual Harassment

Interpretation & Application

2017/10/20

Not Finalised

  1. Grade Progression

Interpretation & Application

2017/10/24

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/22

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/04/03

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/06

Not Finalised

  1. Unfair Treatment

Interpretation & Application

2018/04/13

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/04/13

Not Finalised

  1. Contract Employment – Termination

Unfair Dismissal

2018/06/15

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/18

Not Finalised

  1. Acting Allowance

Interpretation & Application

2018/06/21

Not Finalised

  1. Grade Progression

Interpretation & Application

2018/06/22

2018/07/26

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Dismissal

2014/08/18

Not Finalised

  1. Theft

Unfair Labour Practice

2016/04/29

Not Finalised

  1. Theft

Unfair Dismissal

2017/01/25

2018/07/01

  1. Terms Of Employment

Unfair Dismissal

2017/06/30

Not Finalised

  1. Leave – Unauthorised

Unfair Labour Practice

2017/10/03

Not Finalised

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Collective Agreement - Implementation

Interpretation & Application

2018/02/12

2018/07/24

  1. Performance Management System

Unfair Labour Practice

2018/02/01

2018/04/04

  1. Promotion

Unfair Labour Practice

2018/04/30

Not Finalised

  1. Victimisation

Unfair Discrimination

2018/07/18

Not Finalised

  1. Fraud

Unfair Dismissal

2015/02/24

2017/04/12

  1. Performance Management System

Unfair Labour Practice

2017/03/09

2018/07/31

  1. Performance Management System

Unfair Labour Practice

2017/03/14

Not Applicable

  1. Fraud

Unfair Dismissal

2017/08/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/08/23

Not Applicable

  1. Corruption

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/04/12

Not Applicable

  1. Abscondment

Unfair Labour Practice

2018/06/28

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/10/27

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/11/03

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/11/17

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/04/26

2018/05/29

  1. Fraud

Unfair Dismissal

2016/10/07

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/03

Not Applicable

  1. Leave – Unauthorised

Unfair Labour Practice

2017/09/11

Not Applicable

  1. Leave – Unauthorised

Interpretation & Application

2017/12/06

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/01/02

2018/04/30

  1. Promotion

Unfair Labour Practice

2018/01/22

Not Applicable

  1. Theft

Unfair Dismissal

2018/02/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/04/03

Not Applicable

  1. Contract Employment – Termination

Unfair Dismissal

2018/05/04

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2017/11/20

Not Applicable

  1. Application For Transfer

Unfair Discrimination

2018/06/01

2018/06/13

  1. Collective Agreement - Implementation

Interpretation & Application

2018/06/04

2018/07/30

  1. Bribery

Unfair Dismissal

2018/06/18

Not Applicable

  1. Theft

Unfair Dismissal

2018/06/18

Not Applicable

  1. Pay Progression

Unfair Labour Practice

2018/07/02

Not Applicable

  1. Theft

Unfair Dismissal

2014/07/01

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2016/02/22

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2015/11/28

Not Applicable

  1. Misuse Of State Vehicle

Unfair Dismissal

2015/06/01

Not Applicable

  1. Theft

Unfair Dismissal

2016/01/11

Not Applicable

  1. Theft

Unfair Dismissal

2016/10/03

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2017/03/20

Not Applicable

  1. Promotion

Unfair Labour Practice

2017/01/24

Not Applicable

  1. Fraud

Unfair Dismissal

2017/03/10

Not Applicable

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2017/04/10

2018/05/09

  1. Performance

Management System

Unfair Labour Practice

2017/09/20

2018/04/10

  1. Performance

Management System

Unfair Labour Practice

2017/10/16

2018/06/12

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2018/02/26

Not Applicable

  1. Theft

Unfair Dismissal

2018/01/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/01/22

2018/04/11

  1. Disciplinary Action

Short Of Dismissal

Unfair Labour Practice

2018/01/23

Not Applicable

  1. Theft

Unfair Dismissal

2017/12/22

2018/04/05

  1. Demotion

Unfair Labour Practice

2017/12/15

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/02/19

2018/05/25

  1. Dereliction Of Duties

Unfair Dismissal

2018/02/21

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/03/08

2018/05/25

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/21

Not Applicable

  1. Staff Rotation

Unfair Labour Practice

2018/03/27

2018/06/28

  1. Disciplinary Action Short Of Dismissal

Unfair Labour Practice

2018/02/15

Not Applicable

  1. Leave – Unauthorised

Unfair Dismissal

2018/05/09

2018/06/18

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Union Affiliation And Illness

Unfair Discrimination

2018/06/11

Not Applicable

  1. Constructive Dismissal

Unfair Dismissal

2018/06/16

2018/07/24

  1. Access To Information

Unfair Discrimination

2018/06/28

Not Applicable

  1. Dereliction Of Duties

Unfair Dismissal

2018/07/04

Not Applicable

  1. Dismissed For Being Imprisoned

Unfair Dismissal

2018/06/13

Not Applicable

  1. Promotion

Unfair Labour Practice

2016/07/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2015/09/01

Not Applicable

  1. Promotion

Unfair Labour Practice

2014/10/10

Not Applicable

  1. Unilateral Change of

Employment Terms

and Conditions

Unfair Labour Practice

2014/01/22

2018/05/16

  1. Salary Issues

Unfair Labour Practice

2014/02/20

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2013/09/21

2018/04/02

  1. Constructive Dismissal

Unfair Labour Practice

2014/02/18

2018/04/02

  1. Performance

Management System

Unfair Discrimination

2014/09/25

2018/04/02

  1. Salary Upgrade

Unfair Dismissal

2014/08/09

Not Applicable

  1. Promotion

Unfair Dismissal

2016/03/19

Not Applicable

  1. Fraud

Unfair Labour Practice

2014/06/20

2018/05/11

  1. Fraud

Unfair Labour Practice

2012/12/10

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2015/07/30

2018/04/02

  1. Whistle Blowing

Unfair Dismissal

2012/06/24

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2015/06/07

2018/04/02

  1. Salary Upgrade

Interpretation & Application

2014/07/16

Not Applicable

  1. Salary Issues

Unfair Labour Practice

2013/04/21

Not Applicable

  1. Fraud

Interpretation & Application

2015/10/29

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2016/07/15

2018/05/11

  1. Occupation Specific Dispensation Implementation

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Dismissal

2016/08/01

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/08/01

2018/04/02

  1. Fraud

Unfair Labour Practice

2016/08/29

2018/04/02

  1. Salary Issues

Unfair Labour Practice

2016/09/15

2018/04/02

  1. Promotion

Unfair Labour Practice

2016/09/08

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/10/04

2018/04/02

  1. Unfair Suspension

Unfair Labour Practice

2016/11/08

2018/04/02

  1. Poor Performance

Unfair Labour Practice

2016/11/16

2018/04/02

  1. Temporary Incapacity Leave

Unfair Labour Practice

2016/11/25

Not Applicable

  1. Collective Bargaining

Unfair Labour Practice

2017/01/05

2018/04/02

  1. Severance Package

Unfair Dismissal

2017/02/03

2018/05/02

  1. Performance

Management System

Unfair Labour Practice

2017/03/27

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/04/18

Not Applicable

  1. Degrading Of Post

Unfair Labour Practice

2017/04/21

2018/05/04

  1. Salary Issues

Unfair Labour Practice

2017/06/05

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Contract Employment

– Non Renewal

Unfair Labour Practice

2017/06/08

2018/06/14

  1. Unilateral Change Of

Employment Terms

and Conditions

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/07/25

Not Applicable

  1. Salary Upgrade

Interpretation & Application

2017/07/25

2018/05/16

  1. Performance

Management System

Unfair Labour Practice

2017/07/12

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Contract Employment

– Termination

Unfair Labour Practice

2017/09/01

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/09/04

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2017/09/18

Not Applicable

  1. Contract Employment –

Termination

Unfair Labour Practice

2017/09/20

Not Applicable

  1. Unfair Suspension

Interpretation & Application

2017/10/03

2018/04/02

  1. Performance

Management System

Unfair Labour Practice

2017/10/06

2018/04/02

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Contract Employment – Non Renewal

Unfair Labour Practice

2017/10/06

Not Applicable

  1. Performance

Management System

Unfair Dismissal

2017/11/01

2018/07/24

  1. Salary Upgrade

Unfair Dismissal

2017/11/01

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/11/01

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/11/08

2018/05/22

  1. Performance

Management System

Interpretation & Application

2017/10/18

2018/05/11

  1. Degrading of Post

Interpretation & Application

2017/10/23

2018/07/11

  1. Degrading of Post

Interpretation & Application

2017/11/30

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2017/11/30

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2017/12/08

2018/05/11

  1. Fraud

Unfair Labour Practice

2017/12/08

Not Applicable

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2017/12/11

Not Applicable

  1. Training Opportunities

for Court Interpreters

Interpretation & Application

2017/12/15

2018/06/25

  1. Performance

Management System

Interpretation & Application

2017/12/15

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/04/03

2018/05/11

  1. Disciplinary Action –

Unfair

Unfair Discrimination

2018/04/03

2018/05/10

  1. Salary Issues

Unfair Labour Practice

2018/05/04

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Contract Employment –

Non-Renewal

Interpretation & Application

2018/05/11

2018/05/11

  1. Occupation Specific

Dispensation

Implementation

Unfair Labour Practice

2018/05/11

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Occupation Specific

Dispensation

Implementation

Unfair Dismissal

2018/05/11

Not Applicable

  1. Contract Employment –

Termination

Interpretation & Application

2018/05/11

Not Applicable

  1. Training Opportunities

For Court Interpreters

Unfair Labour Practice

2018/05/11

2018/05/16

  1. Performance

Management System

Interpretation & Application

2018/05/11

2018/07/18

  1. Temporary Incapacity

Leave

Unfair Dismissal

2018/05/11

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/11

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2018/05/15

Not Applicable

  1. Performance

Management System

Interpretation & Application

2018/05/18

Not Applicable

  1. Temporary Incapacity

Leave

Interpretation & Application

2018/05/29

Not Applicable

  1. Disciplinary Action –

Procedure

Unfair Labour Practice

2018/06/05

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/06/11

Not Applicable

  1. Occupation Specific

Dispensation

Implementation

Interpretation & Application

2018/07/04

Not Applicable

  1. Promotion

Unfair Dismissal

2018/07/10

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2018/07/20

Not Applicable

  1. Promotion

Interpretation & Application

2018/07/25

Not Applicable

  1. Salary Upgrade

Unfair Labour Practice

2018/07/26

Not Applicable

  1. Promotion

Unfair Labour Practice

2018/07/26

2018/07/27

  1. Reporting Lines

Unfair Dismissal

2016/12/08

2018/05/03

  1. Poor Performance

Unfair Dismissal

2017/06/12

Not Applicable

  1. Dishonesty

Unfair Dismissal

2017/09/08

Not Applicable

  1. Contract Employment –

Termination

Unfair Dismissal

2018/02/28

Not Applicable

  1. Unfair Labour Practice

Unfair Labour Practice

2018/01/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/12

2016/09/02

  1. Contract Employment –

Termination

Unfair Dismissal

18/10/2015

2017/12/19

  1. Salary Issues

Unfair Labour Practice

15/10/2015

2016/07/28

  1. Fraud

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Salary Issues

Unfair Labour Practice

2015/12/12

2018/06/14

  1. Temporary Incapacity

Leave

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Discrimination

Unfair Labour Practice

2015/03/06

2015/09/30

  1. Application For Transfer

Unfair Labour Practice

2014/12/13

2015/03/20

  1. Unfair Suspension

Unfair Labour Practice

2013/03/31

2017/03/31

  1. Promotion

Unfair Dismissal

2014/04/13

2015/08/21

  1. Corruption

Unfair Dismissal

2015/06/11

2017/07/11

  1. Unfair Suspension

Unfair Labour Practice

2013/11/03

15/07/2017

  1. Corruption

Unfair Dismissal

2015/03/12

2016/03/31

  1. Theft

Unfair Dismissal

2016/02/01

2016/08/31

  1. Unfair Suspension

Unfair Labour Practice

2018/03/12

2018/06/15

  1. Salary Upgrade

Unfair Labour Practice

2013/06/03

2013/12/11

  1. Salary Upgrade

Unfair Labour Practice

2014/07/12

2015/04/18

  1. Salary Upgrade

Unfair Labour Practice

2015/08/14

2015/11/12

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Theft

Unfair Dismissal

2014/12/17

2015/11/22

  1. Corruption

Unfair Dismissal

2013/05/16

2015/09/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

17/07/2015

2018/03/14

  1. Fraud

Unfair Dismissal

2014/06/01

2014/09/24

  1. Salary Upgrade

Unfair Dismissal

2015/06/08

2018/10/15

  1. Contract Employment –

Non-Renewal

Unfair Labour Practice

2015/05/04

2015/11/15

  1. Leave – Unauthorised

Unfair Labour Practice

2013/03/11

2013/09/14

  1. Discrimination

Unfair Dismissal

2013/06/13

2013/11/28

  1. Dishonesty

Unfair Dismissal

2016/07/31

2018/08/21

  1. Disclosure Of

Information

Unfair Labour Practice

2016/03/16

2016/06/21

  1. Salary Upgrade

Unfair Labour Practice

2017/09/17

2017/12/11

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2012/11/12

2013/02/11

  1. Harassment

Unfair Labour Practice

2013/12/11

2016/02/17

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2017/10/15

2017/11/21

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/12/04

2018/03/31

  1. Housing Allowance

Unfair Dismissal

2015/07/12

2017/07/15

  1. Negligence

Unfair Dismissal

2016/03/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/06/18

Not Applicable

  1. Contract Employment –

Non-Renewal

Unfair Dismissal

2015/05/06

Not Applicable

  1. Dishonesty

Unfair Dismissal

2015/08/01

Not Applicable

  1. Corruption

Unfair Dismissal

2016/07/11

Not Applicable

  1. Fraud

Unfair Dismissal

2016/08/02

Not Applicable

  1. Promotion

Unfair Labour Practice

2015/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2012/09/01

Not Applicable

  1. Fraud

Unfair Dismissal

2014/03/01

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2017/10/11

Not Applicable

  1. Theft

Unfair Dismissal

2018/04/16

Not Applicable

  1. Constructive Dismissal

Unfair Labour Practice

2016/11/07

Not Applicable

  1. Unfair Treatment

Unfair Labour Practice

2018/06/08

Not Applicable

  1. Misrepresentation

Unfair Dismissal

2015/08/16

Not Applicable

  1. Salary Upgrade

Unfair Dismissal

2018/05/30

Not Applicable

  1. Abscondment

Unfair Dismissal

2018/07/11

Not Applicable

  1. Performance

Management System

Unfair Labour Practice

2016/10/17

Not Applicable

  1. Corruption

Unfair Dismissal

2015/06/07

Not Applicable

  1. Unfair Suspension

Unfair Labour Practice

2017/09/12

Not Applicable

  1. Negligence

Unfair Dismissal

2017/10/03

Not Applicable

  1. Assault

Unfair Dismissal

2014/04/18

Not Applicable

  1. Corruption

Unfair Dismissal

2018/03/08

Not Applicable

TABLE 2: Labour Court Disputes

Nature Of Dispute

Causes Of Dispute

Date Reported

Date Finalised

  1. Unfair Dismissal

Theft

2013/03/13

Not Finalised

  1. Unfair Dismissal

Promotion

2012/08/30

Not Finalised

  1. Unfair Dismissal

Theft

2015/04/01

Not Finalised

  1. Unfair Dismissal

Theft

2015/11/04

Not Finalised

  1. Unfair Dismissal

Theft

2015/06/01

Not Finalised

  1. Unfair Dismissal

Theft

2013/10/14

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2011/02/07

2018/04/02

  1. Interpretation & Application

Occupation Specific Dispensation Implementation SMS

2010/02/07

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2010/10/20

//

  1. Unfair Dismissal

Leave – Unauthorised

2012/05/22

//

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2012/07/16

2018/04/02

  1. Dispute Of Mutual Interest

Collective Bargaining

2012/06/18

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/07/19

2018/04/02

  1. Unfair Dismissal

Fraud

2012/06/05

2018/04/02

  1. Unfair Dismissal

Abscondment

2012/06/05

2018/04/02

  1. Unfair Dismissal

Contract Employment – Non Renewal

2012/12/21

2018/04/02

  1. Unfair Labour Practice

Abscondment

2013/05/23

2018/04/02

  1. Unfair Labour Practice

Salary Issues

2014/07/04

Not Finalised

  1. Unfair Labour Practice

Salary Issues

2014/11/18

2018/04/02

  1. Unfair Labour Practice

Unfair Suspension

2014/06/19

2018/04/02

  1. Unfair Labour Practice

Leave – Unauthorised

2014/06/11

Not Finalised

  1. Interpretation & Application

Salary Upgrade

2015/01/24

2018/04/02

  1. Unfair Labour Practice

Disciplinary Action – Unfair

2015/03/15

2018/04/02

  1. Unfair Labour Practice

Promotion

2013/06/24

2018/04/02

  1. Unfair Dismissal

Violation Of Procurement Procedures

2016/05/17

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/07/06

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2015/07/10

Not Finalised

  1. Unfair Labour Practice

Promotion

2016/08/12

Not Finalised

  1. Unfair Dismissal

Poor Performance

2017/01/18

Not Finalised

  1. Unfair Dismissal

Contract Employment – Termination

2017/01/25

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/01/25

2018/04/02

  1. Unfair Labour Practice

Unfair Conduct By Employer

2017/04/25

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/05/25

Not Finalised

  1. Unfair Dismissal

Fraud

2017/06/05

Not Finalised

  1. Interpretation & Application

Contract Employment – Non Renewal

2017/07/25

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/08/24

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2017/08/24

2018/04/02

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2017/09/04

Not Finalised

  1. Unfair Dismissal

Fraud

2017/10/06

Not Finalised

  1. Interpretation & Application

Occupation Specific Dispensation Implementation

2018/04/04

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Occupation Specific Dispensation Implementation

2018/05/11

Not Finalised

  1. Unfair Labour Practice

Salary Upgrade

2018/05/11

Not Finalised

  1. Unfair Dismissal

Abscondment

2013/03/13

Not Finalised

  1. Unfair Dismissal

Corruption

2012/08/30

Not Finalised

  1. Unfair Dismissal

Abscondment

2015/04/01

Not Finalised

  1. Unfair Dismissal

Corruption

2015/11/04

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2015/06/01

Not Finalised

  1. Unfair Dismissal

Salary Upgrade

2017/10/31

Not Finalised

  1. Unfair Dismissal

Theft

2018/03/31

2018/03/31

  1. Unfair Dismissal

Abscondment

2017/12/07

Not Finalised

  1. Unfair Dismissal

Abscondment

2017/10/06

2018/06/20

  1. Unfair Dismissal

Abscondment

2016/02/17

Not Finalised

  1. Unfair Dismissal

Negligence

2017/07/31

Not Finalised

  1. Unfair Dismissal

Contract Employment – Non Renewal

2017/03/31

2018/06/18

  1. Unfair Dismissal

Theft

2016/02/04

2017/12/12

  1. Unfair Dismissal

Theft

2016/07/31

Not Finalised

  1. Unfair Dismissal

Corruption

2014/12/08

2018/04/02

  1. Unfair Dismissal

Theft

2014/08/31

2018/04/02

  1. Unfair Dismissal

Fraud

2016/03/15

2016/12/15

  1. Unfair Dismissal

Nepotism

2015/07/16

2017/10/15

  1. Unfair Labour Practice

Sexual Harassment

2017/07/31

2015/10/25

  1. Unfair Dismissal

Abscondment

2015/06/16

2016/10/20

  1. Unfair Labour Practice

Promotion

2015/08/13

2018/05/15

  1. Unfair Dismissal

Promotion

2014/08/14

2014/09/15

  1. Unfair Dismissal

Contract Employment – Non Renewal

2013/05/19

2015/12/04

  1. The following entities has informed me as follows:
  2. Special Investigating Unit:

The SIU has received one (1) dispute which was lodged by their recognised trade union NEHAWU on 9 November 2017 in line with the recognition agreement. The dispute relates to section 16.11 of the recognition agreement which reads, “Notwithstanding anything to the contrary in this agreement, the Parties agree that annual negotiations for salary increases will not be part of any negotiations betwenn the SIU and the Union and will not form part of the negotiations at the national bargaining forum or Negotiating Committee, as the Parties agree that the SIU will annualy motivate to and request permission from the Minister of Justice and Constitutional Development, in consultation with the Minister of Finance, as envisaged in section 3(5) of the SIU Act, for the SIU to implement the same resolution on annual salary negotiations, as reached in the Public Service Co-ordinating Bargaining Council (“PSCBC”) in respect of the public service: Provided that the parties agree that the provisions of clause 16.11,

  • 16.11.1 may be renegotiated and reviewed at the request of either Party on an annual basis; or
  • 16.11.2 may be renegotiated as part of the negotiations on the constitution for the national bargaining forum.”

NEHAWU demands that this clause be removed and the SIU must negotiate salaries and other conditions of employment directly with them. To date, the SIU had two meetings to try and resolve this dispute but it remains unresolved. The SIU has one (1) more meeting to go and should the dispute remain unresolved, NEHAWU may refer the dispute to the CCMA. The date for the last meeting has not yet been scheduled.

  1. Legal Aid South Africa
  2. (a) (ii) The Legal Aid SA is currently facing nine (9) labour disputes.

(b) The causes of the disputes are as follows:

  1. Three (3) disputes: Misconduct including absence without leave, gross insubordination, gross insolence and conduct prejudicial to the organisation;
  2. Two (2) disuptes relate to pension matters including retirement age and pension fund contributions;
  3. One (1) dispute is due to poor work performance;
  4. One (1) dispute relates to the preservation of the Group Life Scheme benefit despite budget cuts;
  5. One (1) dispute is caused by the termination of the voluntary services of a volunteer; snf
  6. One (1) dispute is caused by a non-appointment by operation of law decision.

(c) The nature of the disputes are outlined below:

  1. Unfair Dismissal (5);
  2. Unfair Labour Practice (2);
  3. Breach of Contract (1); and
  4. Non-Appointment by Operation of Law (1)

(d) (i) The dates on which each dispute was reported are as follows :

  1. 25 March 2014: Unfair dismissal – Misconduct;
  2. 07 April 2014: Non Appointment by Operation of Law;
  3. 16 May 2014: Unfair dismissal – Misconduct;
  4. 19 May 2014: Unfair dismissal – Poor Performance;
  5. 02 June 2015: Unfair dismissal – Misconduct;
  6. 15 December 2016: Breach of Contract- Retirement Age;
  7. 30 May 2017: Unfair dismissal – Voluntary Services;
  8. 17 July 2018: Unfair labour practice – preservation of group life benefits; and
  9. 30 August 2017: Unfair labour practice – pension fund contributions.

(ii) Seven(7) of the disputes remain unresolved due to either labour court

review or appeal whilest two (2) remain unresolved pending arbitration by the CCMA.

  1. National Prosecuting Authority

Currently, the NPA’s report reflects 48 Conciliation and Arbitration and 12 Labour Court Disputes, and it excludes matters prior to August 2018 that were finalised.

Table A: Conciliation and Arbitration Disputes

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Unfair labour practice - Benefits

Performance Bonus

04/12/2014

The matter was postponed. Awaiting a new date of arbitration.

Unfair Dismissal

Dismissal - misconduct

08/07/2007

No award received from BC. The matter has to be set down for reconstruction.

Unfair dismissal

Dismissal - misconduct

19/08/2014

Awaiting ruling of commissioner

Unfair labour practice - benefits

Failure to translate to LP 10

15/03/2017

The Applicants indicated that they want the matter postponed as the have a similar dispute at labour court and is awaiting the labour court outcome. The commissioner postponed the matter sine die.

Unfair dismissal dispute

Dismissal - Misconduct

21/04/2017

Awaiting new set-down.

Unfair Labour Practice - Benefits

Performance Bonus

25/07/2017

Waiting for condonation application.

Unfair Labour Practice – Promotion

Employee not appointed in promotional post

03/10/2017

Joinder ruling received. Awaiting date for arbitration to proceed.

 

Unfair Dismissal

Dismissal - Misconduct

10/11/2017

The matter is set-down to proceed on 27-28 August 2018.

Unfair Labour Practice

Performance Bonus

06/11/2017

Ruling in favour of NPA. Matter successfully finalised.

Unfair dismissal – S 186 – failure to renew fixed term contract

Non-renewal of fixed term contract

30/11/2017

Matter set-down for 20 August 2018.

Unfair labour practice - Benefits

Performance bonus

06/12/2017

The matter has to be set-down for arbitration.

Unfair labour practice - Benefits

Performance bonus

06/12/17

Ruling in favour of NPA. Matter successfully finalised.

Unfair labour practice – benefits

Salary was corrected in terms of S38 of the PSA

17/01/2018

Set down for 30 August 2018

Unfair labour practice - benefits

Performance Bonus

31/01/2018

Waiting for arbitration date.

 

Interpretation & Application

Resolution 7 of 2000 read with the Pilir Policy – non-approval of Temporary Incapacity leave

16/04/18

The matter went for arbitration on 13 August 2018.

Unfair labour practice - Benefits

Performance bonus

16/04/18

Matter referred to arbitration on 11 June. Awaiting set-down.

Unfair labour practice – Benefits

Performance Bonus

30/4/2018

Awaiting arbitration date.

Unfair labour practice – Benefits

Performance Bonus

07/06/2018

Condonation not granted. File Closed. Matter finalised.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Arbitration set-down for 14 September 2018.

Interpretation & Application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

08/06/2018

Awaiting date for conciliation.

Unfair labour practice - Benefits

Performance Bonus

08/06/2018

Awaiting date of arbitration.

Unfair dismissal

Dismissal - misconduct

21/06/2018

Awaiting date for conciliation.

Interpretation & Application

Resolution 5 of 2014 – bonus for improved qualification not paid

26/07/2018

The matter was withdrawn

Unfair Dismissal

Discharge due to Ill Health

27/07/2018

Awaiting date of conciliation

Dismissal

Dismissal – misconduct

06/06/2017

Awaiting new date of set down of arbitration.

Unfair Labour Practice - Promotion

The employee was not appointed in promotional post

21/08/2017

Awaiting new date of set down for arbitration.

Dismissal

Dismissal - misconduct

19/09/2017

Awaiting new date of set down for arbitration.

Unfair Labour Practice - Benefits

Performance Bonus

20/10/2017

The matter did not proceed on 11 July 2018 due to the unavailability of the Commissioner. Awaiting new date of set down.

Unfair Labour Practice- Benefits

Performance Bonus

02/11/2017

Memo to settle the dispute has been prepared.

Unfair Dismissal

Dismissal Misconduct

01/12/2017

Awaiting award from the Commissioner.

Unfair Labour Practice - Benefits

Performance Bonus

09/03/2018

Matter set down for 18 September 2018.

Constructive dismissal

Resignation

19/04/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

03/04/2018

The matter has been adjourned for 15-17 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

04/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Labour Practice - Benefits

Performance Bonus

14/06/2018

The Applicant has referred the matter for arbitration. Awaiting a date of set down.

Unfair Dismissal

Dismissal - misconduct

14/02/2017

Awaiting arbitration award from Council.

Interpretation and application

Resolution 7 of 2000 read with PILIR Policy – Temporary Incapacity leave was not approved

26/09/2017

Awaiting ruling from the PSCBC.

Unfair Labour Practice - Benefits

Performance Bonus

01/10/2017

Matter proceeded on 19 to 20 July 2018. Parties decided to settle. Matter finalised.

Unilateral change to terms and conditions of employment (Section 64(4)

Salary Issue

23/01/2018

On 26 July 2018, a ruling was issued that the Council does not have jurisdiction to arbitrate dispute concerning unilateral change to terms and conditions of employment. Applicant was advised on 09 March 2018 to refer the matter to Labour Court. Matter Finalised.

Unfair labour practice – benefits

Performance Bonus

19/01/2017

The arbitration did not proceed as the Applicant dismissed her representative and requested that the matter be postponed. The Applicant will request transcripts from the Council. The matter was postponed sine die.

Interpretation & Application

Performance Bonus

05/03/2018

Arbitration set down for 27 August 2018.

Unfair Labour Practice- Benefits

Performance Bonus

29/05/2018

Parties agreed that the matter will commence on 26 September 2018.

Unfair Labour Practice

Matter of mutual interest

29/06/2018

The conciliation was set down for 29 June 2018. The conciliation was part-heard and the Applicant requested extension based on timeframe.

Unilateral change to terms and conditions of employment

Salary Issue

08/07/2018

The matter was conciliated.

Unfair dismissal

Dismissal - misconduct

06/07/2018

Awaiting for condonation ruling.

Unfair Labour Practice - Benefits

Performance Bonus

02/07/2018

Awaiting for a set down date for arbitration

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Unfair Labour Practice - Benefits

Performance Bonus

23/07/2018

The conciliation was scheduled for 7 August 2018.

Table B: Labour Disputes – Labour Court/High Court

Nature of Disputes

Causes of Disputes

Dates Reported

Date Resolved/Status

Review of arbitration award

Labour Court

Claim of unfair dismissal

23/04/2009

Pending

 

Labour Court – Application for review

Application for review – award to be reviewed and set aside and for matter to be referred back for adjudication.

22/08/2012

Pending

Application for review- Labour Court

The applicant seeks to review the award in which the respondent was reinstated.

26/04/2017

Pending

Review

Labour Court

The employer to review its decision to award the COL for members of SMS

08/08/2017

Pending

Review

Labour Court

Review of condonation ruling

20/03/2018

Pending

Review

Labour Court

Application for review

05/06/2018

Pending

Application

Labour Court

Appointment as a Special Investigator Level 3 (Rank of Superintendent in SAPS)

28/09/2009

Pending

Application

Labour Court

Claim of unfair labour practice relating to retrospective JE-upgrades

Retrospective upgrades sought

19/12/2008

Pending

Labour Court

Unfair dismissal

Re-instatement

10/07/2014

Pending

Labour Court

ULP, Appointment

03/04/2017

Pending

Labour Court

Promotion

21/05/2018

Pending

Labour Court

Unfair Labour Practice

25/07/2014

Pending

  1. (a) The information on the Departmental dismissal cases are tabulated below:

Financial Year

No. of Employees Dismissed

Reasons for Dismissal

No. of Employees paid Severance Packages

Severance Package Amount Paid

2018/19

16

  1. Abscondment = 4 cases
  1. Corruption = 1 case
  1. Fraud = 3 cases
  1. Insubordination = 1 case
  1. Negligence = 1 case
  1. Theft = 1 cases
  1. Unauthorised Absence = 3 cases
  1. Unethical Behaviour = 2 cases

Nil

Nil

2017/18

50

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2016/17

56

  1. Abscondment = 2 cases
  1. Assault = 1 case
  1. Bribery = 1 case
  1. Corruption = 7 cases
  1. Dishonesty = 4 cases
  1. Fraud = 8 cases
  1. Insubordination = 7 cases
  1. Negligence = 1 case
  1. Theft = 7 cases
  1. Unauthorised Absence = 9 cases
  1. Unethical Behaviour = 3 cases

Nil

Nil

2015/16

70

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2014/15

68

  1. Abscondment = 3 cases
  1. Abuse of Leave = 1 case
  1. Abuse of State Property = 1 case
  1. Alcohol Abuse = 3 cases
  1. Corruption = 9 cases
  1. Dishonesty = 4 cases
  1. Fraud = 15 cases
  1. Insubordination = 1 case
  1. Maladministration = 3 cases
  1. Negligence = 2 cases
  1. Theft = 15 cases
  1. Unauthorised Absence = 13 cases

Nil

Nil

2013/14

96

  1. Abscondment = 14 cases
  1. Abuse of Leave = 6 cases
  1. Assault = 3 case
  1. Bribery = 2 cases
  1. Corruption = 10 cases
  1. Dishonesty = 3 cases
  1. Fraud = 19 cases
  1. Insubordination = 5 case
  1. Mismanagement of Funds = 1 case
  1. Loss of State Money = 1 case
  1. Negligence = 4 cases
  1. Theft = 20 cases
  1. Unauthorised Absence = 4 cases
  1. Unethical Behaviour 4 cases

Nil

Nil

(B) The following entities has informed me as follows:

a. SIU

Three (3) employees of the SIU were dismissed in the last five years, and details are as follows:

  1. Dismissal – misconduct – no monies were paid
  2. Dismissal – misconduct – no monies were paid – the matter is currently at CCMA
  3. Dismissal – operational requirements – A severance package of R503,044-69 was paid.

b. Legal Aid SA

(i) The Legal Aid SA has dismissed seventeen (17) employees dismissed in the past five years.

(ii) the reasons for the dismissal are as follows:

  1. Three (3): long periods of absence without leave;
  2. Three (3): fraud – taking money from clients;
  3. Two (2): misrepresentation of educational qualifications and certificate of good standing respectively;
  4. Two (2): conflict of interest, gross negligence and transgression of the PFMA
  5. One (1): Poor Work Performance;
  6. One (1): Gross Insubordination and Gross Insolence;
  7. One (1): revealing and communicating confidential information forbidden by policy;
  8. One (1): performing pro bono work outside of Legal Aid SA policy;
  9. One (1): unruly behaviour, assault, fighting and unacceptable aggressive behaviour;
  10. One (1): failing to investigate suspicious judicare claims resulting in material financial loss; and
  11. One (1): gross dishonesty, professional negligence and derilection of duty.

(b (i) and (ii) No severance packages were ever paid out to any employee.

c. National Prosecuting Authority

No. of Employees Dismissed

Reason For Dismissal

Appeal

Dismissal Confirmed on Appeal

35

  1. Giving false information

No

Not Applicable

 
  1. Withdrew Criminal matters without following correct procedure

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Absenteeism

No

Not Applicable

 
  1. Continuous absence

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

No

Not Applicable

 
  1. Usage of petrol card

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Bringing the NPA into disrepute

Yes

Yes

 
  1. Corruption

No

Not Applicable

 
  1. Bringing the name of the NPA in disrepute

Yes

Yes

 
  1. Corruption

Yes

Yes

 
  1. Irregular expenditure

No

Not Applicable

 
  1. Abscondment – S 17 termination

No

Not Applicable

 
  1. Absence without leave

Yes

Yes

 
  1. Assault

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

No

Not Applicable

 
  1. Gross Dishonesty

Yes

Yes

 
  1. Withdrew Criminal matters without following correct procedure/ failed to reinstate prosecution when instructed to do so

Yes

Yes

 
  1. Soliciting Bribe

Yes

Yes

 
  1. Sexual harassment

Yes

Yes

 
  1. Gross Dishonesty

Yes

yes

 
  1. Corruption

Yes

Yes

 
  1. Abscondment

No

Not Applicable

 
  1. Dishonesty – soliciting a bribe

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Abscondment – S 17 termination

No

N/A

 
  1. Dishonesty

Yes

Yes

 
  1. Bringing the name of the NPA into disrepute

Yes

Yes

 
  1. Dishonesty

Yes

Yes

 
  1. Abscondment

No

N/A

 
  1. Corruption

Yes

Yes

 
  1. Corruption

Yes

Yes

(b) None of the dismissed employees were paid severance packages as can be seen

from the reasons for dismissal.

03 September 2018 - NW2320

Profile picture: Sonti, Ms NP

Sonti, Ms NP to ask the Minister of Social Development

(1)(a) What number of labour disputes are currently being faced by (i) her department and (ii) the entities reporting to her, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by her department in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package?

Reply:

1. (a) (ii) The number of labour disputes currently being faced by SASSA is 22.

(b) The cause of dispute, (c) the nature of each dispute and (d) on what date was each dispute (i) reported and resolved (ii) is indicated as follows:-

DISPUTE DATE

DISPUTE TYPE

NATURE OF DISPUTE

CAUSE OF DISPUTE

DATE RESOLVED

8-Sep-17

Collective (5 officials)

Unfair Labour Practice

PMDS Bonus

Pending Arbitration

25-Jan-18

Individual

Unfair Dismissal

Fraud And Gross Negligence

Pending Arbitration Date

9-Feb-18

Individual

Unfair Labour Practice

PMDS Bonus

Pending Arbitration Date

19-Feb-18

Individual

Unfair Labour Practice

PMDS Bonus

Pending Arbitration Date

19-Feb-18

Individual

Unfair Labour Practice

PMDS Bonus

Pending Arbitration Date

1-Mar-18

Collective (5 officials)

Unfair Labour Practice

Suspension

Part-Heard, To Continue On 15-17/08/18

23-Mar-18

Individual

Unfair Dismissal

Dismissal

Pending Arbitration Date

6-Apr-18

Individual

Unfair Dismissal

Dismissal

Part-Heard, awaiting New Date

17-Apr-18

Individual

Unfair Dismissal

Dismissal

Part-Heard, awaiting New Date

20-Apr-18

Individual

Unfair Dismissal

Dismissal

Pending Arbitration Date

20-Apr-18

Individual

Unfair Dismissal

Dismissal

Part-Heard, awaiting New Date

23-Apr-18

Individual

Unfair Dismissal

Dismissal

Pending Arbitration

25-Apr-18

Individual

Unfair Dismissal

Dismissal

Pending Arbitration Date

26-Apr-18

Individual

Unfair Dismissal

Dismissal

Pending Arbitration Date

11-May-18

Individual

Unfair Dismissal

Dismissal

Pending Arbitration Date

11-May-18

Individual

Unfair Dismissal

Dismissal

Pending Arbitration Date

23-May-18

Individual

Unfair Labour Practice

Non - promotion

Pending Arbitration Date

24-May-18

Collective (3 officials)

Unfair Dismissal

Dismissal

Pending Arbitration Date

(2) (a)(i) what number of employees have been dismissed by her department in the past five years (52) and (ii) for what reason was each employee dismissed and

No. OF EMPLOYEES DISMISSED

REASONS FOR DISMISSAL

6

Abscondment

2

Absenteeism

1

Abuse of state vehicle

1

Assault

1

Contravention of Transport Policy

2

Dishonesty

2

Failure to comply with lawful instruction

1

Misrepresentation

1

Financial Misconduct

22

Flouting of grant processes

5

Fraud

2

Grant Fraud

4

Gross Dishonesty

1

Non-disclosure of information

1

Sexual Harassment

TOTAL : 52

 

(b) (i) The number of the specified employees who were paid severance packages is (0)

and (ii) The monetary value of each severance package: - N/A

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2386

Profile picture: Carter, Ms D

Carter, Ms D to ask the Minister of Social Development

(1)(a) In what role is a certain person (name furnished) contracted in her Ministry and/or her department and (b) in what capacity and role did the specified person serve at the SA Social Security Agency; (2) How does she justify employing the specified official as a public servant?

Reply:

1. (a) Special Advisor to the Minister.

(b) I intended to appoint her on an Acting capacity as COO to assist the Acting CEO in reducing backlog during the time of transition.

2. Not applicable.

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2390

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Social Development

(1)Whether she has procured any new (a) furniture and (b) cutlery for her office or any offices of her department since her appointment as Minister of Social Development on 26 February 2018; if so, (i) what was wrong with the furniture and cutlery that was in the office before her appointment and (ii) what amount was spent to procure the respective items in each case; (2) will she provide Ms L L van der Merwe with a detailed report of the items and their respective costs; if not, what is the position in this regard; if so, what are the relevant details; (3) whether all purchases were made in compliance with National Treasury regulations; if so, what are the relevant details?

Reply:

(a) No furniture was procured for the Minister of Social Development.

(b) Crockery and cutlery were procured for the Minister’s official meetings and the hosting of VIP guests.

(i) There was no crockery and cutlery in those offices since it was long time it has not been purchased.

(ii) No furniture was procured;

(2) Crockery and cutlery amount was procured for R116, 528.56.

(3) Crockery and cutlery were purchased in compliance with National Treasury regulations.

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2380

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Sonti, Ms NP to ask the Minister of Social Development

Whether her department has put any measures in place to ensure that there will be no problems in the issuing of grants going forward, which may result in beneficiaries not receiving their grants; if not, what are the implications thereof on the welfare of grant beneficiaries; if so, what are the relevant details?

Reply:

SASSA is engaged in a transition project, to move the responsibility for the payment of social grants from Cash paymaster Services to the South African Post Office. This project is being managed according to an approved project plan. While every effort is made to ensure that there is no disruption to the payment of social grants, it is inevitable that the changes may result in some inconvenience or disruption to some beneficiaries.

The payment of social grants in the revised payment environment will take place in line with Regulation 21 to the Social Assistance Act, 2004. This means that beneficiaries have the choice to receive their grants directly into their personal bank accounts or through the new SASSA/SAPO card which is currently being rolled out.

The first focus area in the transition is to ensure that all those beneficiaries accessing their grants in cash at designated pay points have the new card and are able to access their grants, either through the National Payment System (NPS) infrastructure (merchants’ point of sale devices or bank ATMs); a post office outlet or at one of designated cash points which will remain. As part of the transition, a process of realignment of the cash pay points has taken place, and the number significantly reduced, since many of these have been in close proximity to NPS infrastructure. However, the commitment remains that beneficiaries will have an access point to receive their grants within a 5 kilometre radius.

In order to limit disruptions and mitigate the possibility of any grant beneficiary not being able to access his/her social grant, SASSA has developed a deployment strategy for staff at all levels within the organisation to man previously serviced pay points; large merchants and other areas where beneficiaries are found, to ensure that they are assisted in accessing their grants. Arrangements have also been made for the call centre to be available over the weekend of 1 and 2 September, which is the start of the payment cycle for September. These arrangements will remain in place until the end of this calendar year, to ensure that a smooth transition is achieved.

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2217

Profile picture: Holomisa, Dr BH

Holomisa, Dr BH to ask the Minister of Social Development

(1)Whether, with reference to a certain letter (details furnished), she has been notified of the specified matter; if not, what is the position in this regard; if so, what steps has she undertaken in this regard; (2) Whether she will commit to take steps to address the complaints and the injustices caused to the specified employees; if not, why not; if so, what are the relevant details; (3) Whether she intends to take action against employees who are found to hold positions whilst they do not meet the required job specifications or who falsified qualifications; if not, why not, if so, what are the relevant details; (4) Whether she intends to open an investigation into racketeering in light of the specified letter; if not, why not; if so, what are the relevant details?

Reply:

1. Yes, I have been informed of the complaint by two former SASSA employees from the Eastern Cape. I was also provided with two investigation reports a) the investigation into alleged recruitment irregularities in the OR Tambo District and b) Report on the complaints of Ms Bulu and Ms Sikwebu. I have studied both these reports and believe that the matter has been adequately dealt with.

2. The investigation report found, inter alia, that there were some irregularities regarding the manner in which the region conducted its recruitment process and that, notwithstanding the said irregularities, the complainants did not qualify to be shortlisted for interviews for the posts in question.

3. The officials who were appointed, except for one, did meet the required job specifications and no evidence could be found that they falsified their qualifications. The official who was appointed without a matric certificate subsequently resigned from SASSA. However, corrective action was recommended against the Regional Human Capital Management (HCM) employees with regard to the unprofessional manner in which they handled the recruitment process. The latter recommendation was implemented by the former Regional Executive Manager.

4. I am of the view that there is no need for another investigation as the matter was fully investigated during 2015, and the report dated 02 October 2015 submitted with specific recommendations. The investigation did not find any evidence of criminality on the part of employees who were involved in the recruitment process. As indicated above, the official who was appointed without a matric certificate subsequently resigned from SASSA.

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2336

Profile picture: Ketabahle, Ms V

Ketabahle, Ms V to ask the Minister of Telecommunications and Postal Services

(1)(a) What number of labour disputes are currently being faced by (i) his department and (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by his department in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package?

Reply:

I have been informed by the Department as follows:

DEPARTMENT:

1(a)(i) Number of Labour Disputes

(b) What is the cause of the each dispute

(c) What is the nature of each dispute

(d) On what date was each dispute (i) reported (ii) resolved

The Department currently faces with two (2) labour disputes – one (1) for unfair dismissal and one (1) unfair labour practice relating to salary.

One (1) employee was dismissed due to misconduct.

One (1) employee is alleging that the Department should pay him salary notches

Dismissal due to misconduct.

Unfair labour practice due to payment of salary notches

  1. The unfair dismissal was reported on 1 August 2018.

The unfair labour practice was reported on 27 February 2018.

  1. With regard to the unfair dismissal was dismissed by the General Public Service Sector Bargaining Council (GPSSBC) and the employee applied for rescission.

With regard to the unfair labour practice dispute, the employee applied for condonation and the case is ongoing.

2(a)(i) What number of employees have been dismissed by his department in the past five years

2(a)(ii) for what reason was each employee dismissed

2(b)(i) what number of the specified employees were paid severance packages

2(b)(ii)what was the monetary value of each severance package?

Eight (8) employees have been dismissed during the past five (5) years

Employee 1 - Contravention of procurement policies and procedures

Employee 2 – Falsification of qualifications

Employee 3 – Procurement irregularities

Employee 4 Procurement irregularities

Employee 5 – Irregular appointments

Employee 6 - failing to present proper and lawful delegations of authority to the Minister; failing to manage her relationship with DDGs which had largely contributed to the Department becoming dysfunctional and resulted in paralysis; and failing to support and recognise the role of the Minister which led to the complete breakdown in the trust relationship which was placed in her as the most senior public servant in the Department.

Employee 7 – Breach of trust, gross negligence and prejudice of administration.

Employee 8 – Failing to comply with lawful instructions, utilisation of official passport for personal use

No severance packages were paid to employees

Not applicable

ENTITIES:

Name of entity

1(a)(i) Number of Labour Disputes

(b) What is the cause of each dispute

(c) What is the nature of each dispute

(d) On what date was each dispute (i) reported

1 (d) (ii)Date dispute resolved

Sentech

1

Former employee lodged a sexual harassment claim against a former employee of Sentech

At labour court awaiting finalisation

18-03- 2015

Pending

           

Broadband Infraco (BBI)

1

Constructive dismissal

Unfair dismissal

02-08-2018

CCMA-Ongoing

           

State Information Technology Agency (SITA)

20

Dismissal (retirement)

Unfair discrimination (age)

22-11- 2017

29-05-2018

   

Dismissal (misconduct)

Unfair dismissal

29-11-2017

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

04-12-2017

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

12-01-2018

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

13-02-2018

Ongoing

   

Dismissal (protected disclosure)

Unfair dismissal

08-03-2018

11-06-2018

   

Dismissal (misconduct)

Unfair dismissal

26-03-2018

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

27-03-2018

Ongoing

   

Non-renewal of contract

Unfair dismissal

23-04-2018

14-06-2018

   

Dismissal (misconduct)

Unfair dismissal

02-05-2018

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

09-05-2018

Ongoing

   

Non-renewal of contract

Unfair dismissal

28-05-2018

01-07-2018

   

Dismissal (misconduct)

Unfair dismissal

13-06-2018

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

13-06-2018

Ongoing

   

Retirement age dispute

Unfair discrimination (age)l

18-06-2018

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

20-06-2018

Ongoing

   

Dismissal (disability)

Unfair discrimination (disability)

03-07-2018

Ongoing

   

Dismissal (misconduct)

Unfair dismissal

18-07-2018

Ongoing

   

Suspension

Unfair labour practice

23-07-2018

02-08-2018

   

Dismissal (absenteeism)

Unfair dismissal

07-08-2018

Ongoing

           

zaDNA

Nil

NA

NA

NA

NA

           

Nemisa

3

Reasonable expectation of contract extension

Unfair dismissal

26-09-2017

Pending

   

Unfair conduct in relation to a promotion

Unfair labour Practice

26-09-2017

Pending

   

Unfair conduct in relation to suspension

Unfair labour Practice

20-03-2017

Pending

           

Universal Service and Access Agency of South Africa (USAASA)

4

Improperly and unlawfully recommendation to appoint a service provider; intentionally refuse to sign purchase order; ignorance/no knowledge of Regulation 32; providing contradictory advice; failure to advise and ensuring compliance with USAASA Supply Chain Management (SCM) policy

Gross misrepresentation; gross insubordination; gross dishonesty; gross negligence; gross misconduct

10-02-2018

September 2018

   

Improperly and unlawfully prepared a submission for salary notch payments for 2012/13 and 2013/2014 financial years

Gross dishonesty; serious misconduct;

Fraud; gross negligence

14-03-2018

Pending

   

Improperly and unlawfully prepared a submission for salary notch payments for 2012/13 and 2013/2014 financial years

Gross dishonesty; serious misconduct; gross negligence; dereliction of duties

27-03-2018

Pending

   

Fraudulent use of leave policy; misrepresenting and altering minutes of the Board; altering the governance agreement for 2016/17; misrepresenting the status of Set Top Boxes and antennas; etc.

Gross dishonesty; dereliction of duties; gross insubordination; gross incompetence; contravention of Public Finance Management Act; breach of conditions of employment

09-04-2018

Pending

           

SAPO

62

Misconduct

Dismissal

24 August 2018

Pending

   

Misconduct

Dismissal

21 August 2018

Pending

   

Misconduct

Dismissal

24 August 2018

Pending

   

Misconduct

Dismissal

28 February 2018

Pending

   

Misconduct

Dismissal

22 November 17

16 July 2018

   

Promotion

Unfair Labour Practice

25 May 2018

Pending

   

Misconduct

Dismissal

12 June 2018

Pending

   

Misconduct

Dismissal

10 July 2018

Pending

   

Pay difference

Discrimination

18 July 2018

18 July 2018

   

Misconduct

Dismissal

26 July 2018

Pending

   

Misconduct

Dismissal

17 July 2018

17 July 2018

   

Misconduct

Dismissal

20 July 2018

Pending

   

Misconduct

Dismissal

14 August 2018

Pending

   

Misconduct

Dismissal

2 August 2018

Pending

   

Salary increase

Mutual Interest

21 June 2018

17 July 2018

   

Pay discrimination

Equal Pay

27 September 2018

Pending

   

Promotion

Unfair Labour Practice

31 October 2017

Pending

   

Misconduct

Dismissal

30 May 2018

Pending

   

Non-implementation of agreement

Interpretation of agreement

30 May 2018

Pending

   

Not paid accounting allowance

Acting Allowance

27 June 2018

Pending

   

Pay discrimination

Equal Pay

9 July 2018

Pending

   

Misconduct

Unfair Labour Practice

9 July 2018

Pending

   

Misconduct

Dismissal

3 July 2018

20 July 2018

   

Misconduct

Dismissal

21 August 2018

Pending

   

Misconduct

Dismissal

25 June 2018

Pending

   

Not granted organisational rights

Organisation Rights

25 June 2018

Pending

   

Misconduct

Dismissal

14 August 2018

Pending

   

Misconduct

Dismissal

19 March 2018

27 July 2018

   

Promotion

Unfair Labour Practice

12 June 2018

30 July 2018

   

Misconduct

Dismissal

23 October 2018

Pending

   

Misconduct

Dismissal

9 April 2018

Pending

   

Misconduct

Dismissal

7 June 2018

Pending

   

Misconduct

Dismissal

28 June 2018

Pending

   

Misconduct

Dismissal

11 April 2018

Pending

   

Misconduct

Dismissal

5 May 2018

Pending

   

Misconduct

Dismissal

18 May 2018

Pending

   

Misconduct

Dismissal

21 June 2018

Pending

   

Misconduct

Dismissal

15 June 2018

Pending

   

Misconduct

Dismissal

20 July 2018

20 July 2018

   

Misconduct

Dismissal

5 July 2018

Pending

   

Misconduct

Dismissal

30 May 2018

Pending

   

Misconduct

Dismissal

11 July 2018

Pending

   

Misconduct

Dismissal

25 May 2018

Pending

   

Unequal pay

Equal Pay

11 June 2018

Pending

   

Misconduct

Dismissal

6 July 2018

23 July 2018

   

Misconduct

Dismissal

20 July 2018

Pending

   

Misconduct

Dismissal

26 July 2018

Pending

   

Misconduct

Dismissal

20 July 2018

Pending

   

Promotion

Unfair Labour Practice

24 July 2018

Pending

   

Misconduct

Dismissal

12 July 2018

Pending

   

Misconduct

Dismissal

13 August 2018

Pending

   

Severance pay

Unfair Labour Practice

10 October 2018

Pending

   

Misconduct

Dismissal

28 June 2018

Pending

   

Misconduct

Dismissal

13 June 2018

Pending

   

Misconduct

Dismissal

25 June 2018

Pending

   

Misconduct

Dismissal

13 June 2018

Pending

   

Misconduct

Dismissal

17 August 2018

Pending

   

Misconduct

Dismissal

9 July 2018

Pending

   

Misconduct

Dismissal

3 August 2018

Pending

   

Misconduct

Dismissal

26 June 2018

17 July 2018

   

Misconduct

Dismissal

20 April 2018

20 July 2018

   

Misconduct

Dismissal

20 July 2018

20 July 2018

03 September 2018 - NW2327

Profile picture: Ntlangwini, Ms EN

Ntlangwini, Ms EN to ask the Minister of Economic Development

1)(a) What number of labour disputes are currently being faced by (i) his department and (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved; (2) (a)(i) what number of employees have been dismissed by his department in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package? NW2504E

Reply:

The information regarding dismissals and labour disputes faced by EDD is provided in the Annual Report of the department. Information on the 2017/18 financial year will be available in the report to be tabled in Parliament on 30 September 2018. Reports regarding previous years may be obtained at the following website: www.economic.gov.za

For entities that do not report details in their Annual Reports, I am advised as follows:

a) In respect of labour disputes:

  • ITAC – none
  • Competition Tribunal – none
  • Competition Commission – 3 on issues of misconduct or individual disputes
  • IDC – 4 involving disciplinary matters

b) In respect of staff dismissals:

  • ITAC – 2
  • Competition Tribunal – none
  • Competition Commission – none
  • IDC – 16

The reasons for dismissal range from unprofessional conduct, insubordination, theft and dishonesty, absenteeism and abscondment. In none of the cases were severance packages paid by the entities.

-END-

03 September 2018 - NW2233

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Defence and Military Veterans

(1)What is the total number of (a) A class reservists and (b) D class reservists who were in service on (i) 31 May 2012 and (ii) 31 May 2018; (2) of the reservists who left, what is the total number who had to leave because they were not able to do firearm competency tests; (3) what is the total number of the D class reservists who have been converted to A class between 31 May 2012 and 31 May 2018?

Reply:

1. The South African National Defence Force does not have (a) A class or (b) D class reservists who were in service on (i) 31 May 2012 and (ii) 31 May 2018;

2. The South African National Defence Force does not have A class or D class reservists who left because they were not able to do firearm competency tests.

3. The South African National Defence Force does not have D class reservists who have been converted to A class between 31 May 2012 and 31 May 2018.

4. Further relevant details with regards to the question are:

(i) Class A and D reservists are members who have been appointed by the National Police Commissioner to render services as a volunteer in support of the Police.

(ii) Members of the National Defence Force who volunteer their service are members of the Reserve Force of the South African National Defence Force.

(iii) In the South African National Defence Force there is currently a total of 20 671 volunteers serving in the Reserve Force and are not categorised into classes. Of these 20 671, approximately 15 000 are called-up annually to render service, including participation in peace support operations, border protection and training.

03 September 2018 - NW2469

Profile picture: Sonti, Ms NP

Sonti, Ms NP to ask the Minister of Social Development

What is the total number of social grant recipients who received their grants after the scheduled date in (a) June, (b) July and (c) August 2018?

Reply:

No social grant recipients received their social grants after the scheduled date in the months indicated. It should be noted that social grants are available from the first of each month, and are available for collections during that month. Apart from the beneficiaries who collect their social grants in cash at designated pay points, no beneficiary has a specific date on which to collect the social grant. Therefore, as long as the grant is collected in the month in which it is due, there is no delayed payment.

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW1757

Profile picture: Ryder, Mr D

Ryder, Mr D to ask the Minister of Public Works

What (a) number of properties owned and managed by his department were leased in each province (i) in each of the past three financial years and (ii) since 1 April 2018, (b)(i) was the annual income and (ii) were the annual costs (aa) in total and (bb) per square metre and (c) how many square metres were leased in each case?

Reply:

(a) (i) and (ii), (b) (i) and (ii) (aa) and (bb), and (c)

Attached to this reply is an Excel spreadsheet, marked as Annexure A, which provides details on what has been asked in the question above. But, to put matters into context the Honourable Member should note the following:

1. Annual income lower than annual costs

We acknowledge that rental income is significantly low in many instances. However, we are committed to rectifying the matter through the renegotiation of all existing leases with private parties.

In 2015, the Department launched a pilot project on coastal State-owned properties leased out to private persons and or companies. During the pilot project, the department renegotiated expired leases on coastal properties and succeeded in increasing rental rates of individual leases as an interim measure.

The Department is currently working with National Treasury to finalise an Acquisition and Disposal Framework, which in addition to other processes, will allow the Department to negotiate all existing and active leases with private persons and or companies. This will enable the Department to charge fair rental prices not less that property rates and taxes payable on the required property.

In cases where the tenant is not willing to renegotiate rental rates, the Department will approach the courts for the lease to be set aside, as it will not be serving the public interest to maintain the status quo.

2. No annual costs recorded for the period 1st April 2018 to date for the following regional offices

(a) Mpumalanga

(b) Free State

Costs in these regional offices are currently being processed and will be recorded before the end of the financial year (2018/19).

3. No income recorded for the period 1st April 2018 to date for the following regional offices:

(a) Northern Cape

(b) Mpumalanga

Payments in these regional offices are being processed and will be recorded before the end of the financial year (2018/19).

03 September 2018 - NW2479

Profile picture: Ntlangwini, Ms EN

Ntlangwini, Ms EN to ask the Minister of Trade and Industry

(a) What is the total number of special economic zones (SEZs) in the country, (b) where is each specified SEZ located, (c) what is the (i) monetary value of investment in operations in each SEZ and (ii) size of each SEZ and (d) who owns the land on which each SEZ is located?

Reply:

(a) What is the total number of special economic zones (SEZs) in the country?

There are nine (9) designated zones in the country.

(b) where is each specified SEZ located?

The zones are located as follows:

  • Coega SEZ is located in Port Elizabeth, Eastern Cape
  • East London SEZ is in East London, Eastern Cape
  • Dube TradePort SEZ is in Durban, KZN
  • Richards Bay SEZ is in Richards Bay, KZN
  • Maluti-A-Phofung is in the Free State province
  • Musina-Makhado is in Makhado, Limpopo
  • Saldanha Bay is in Saldanha, Western Cape
  • OR Tambo is in Kempton Park, Gauteng
  • Atlantis SEZ is in Atlantis, Western cape

(c) what is the (i) monetary value of investment in operations in each SEZ and (ii) size of each SEZ

(i) The investment performance of designated SEZs is summarized in the following table:

Name of the SEZ

Year of designation

No of operational investors

Value of operational investment (Rm)

Total direct employment created

Land allocation to date (Ha)

Revenue

(Rm)

Coega (EC)

2001

42

6.9 billion

8 210

388

275.3

East London

(EL)

2002

28

1.6 billion

3 645

7.9

720.7

Richards Bay

(KZN)

2002

2

320 million

93

5.5

2.89

Dube TradePort

(KZN)

2016

16

1.4 billion

432

54.5

117.5

Atlantis

2018

5

680 million

220

110

-

TOTAL

93

10.9 billion

12 600

565.9

1 116,39

           

Operational investors - are those that have commenced trading operations in the zone, since inception.

Direct jobs – are those actually created and sustained at the zone, since inception. This excludes construction jobs.

Land allocation – the total amount of land that have been allocated to investors in the zone, since inception.

Revenue – the total revenue raised in the financial year from land sales, rentals or services rendered to investors.

Exports – annual total export sales from the zones.

(ii)The size of each SEZ (Ha)

  • Coega - 9003
  • East London -462
  • Dube TradePort - 302.9
  • Richards Bay - 467
  • Maluti-a-Phofung - 1039
  • OR Tambo – 7.5
  • Saldanha Bay – 356
  • Musina-Makhado – 7262
  • Atlantis – 118

(d) who owns the land on which each SEZ is located?

  • Coega is owned by the Coega Development Corporation
  • East London is owned by the ELIDZ Company
  • Dube TradePort is owned by the Airports Company of South Africa (ACSA), the Dube TradePort Company and a Joint Venture between the two called La Mercy Property Investment PTY (LTD)
  • Richards Bay land is owned by the Richards Bay IDZ and the other part is owned by the Municipality
  • Maluti-a-Phofung is owned by the Free State Development Corporation
  • OR Tambo - the Gauteng IDZ Company has a long-term lease agreement with ACSA
  • Saldanha Bay - the land is owned by Transnet Ports Authority and the SBIDZ Company
  • Musina-Makhado is owned by the Mulambwane Communal Property Association which has a long term lease agreement with the Limpopo Economic Development Agency
  • Atlantis - Greentech has entered into a lease agreement with the City of Cape Town for 110 ha. Five sites are privately owned but the control of the land is with the SEZ operator.

03 September 2018 - NW2398

Profile picture: Mulder, Dr CP

Mulder, Dr CP to ask the Minister of Social Development

(1)Whether she has found that there are currently any delays in respect of new SA Social Security registrations and the processing of new applications to the system; if so, (a) what are the reasons, (b) what are the details and (c) by which date does she expect the situation to be normalised; (2) whether she will make a statement on the matter?

Reply:

1. There have been some delays experienced by new applicants for social grants in being able to lodge applications, particularly in the Gauteng province.

A) This has been largely as a result of a labour dispute related to the function of biometric enrolment, which is a function SASSA has insourced, as part of the application process.

B) With the revision of grants administration processes, SASSA indicated its intention to take the biometrics of every applicant. Prior to the contract entered into with Cash Paymaster Services (CPS), SASSA took fingerprints manually from every new applicant. With the new payment contract, it was decided to discontinue the taking of fingerprints, as CPS was doing this, to enable payments, and SASSA could use the fingerprints taken by the contractor for purposes of ensuring the integrity of the database, by eliminating duplications. Having both SASSA and CPS take fingerprints was seen as a duplication of effort.

With the contract with CPS having come to an end, SASSA is again required to take fingerprints, as the value of biometric data in eliminating duplicate payments and fraud has been extensively proven. A dispute has arisen with staff who feel this is not their responsibility, despite this having been done prior to the contract. This has impacted on the ability of some SASSA offices to process new applications.

C) The matter is being addressed with organised labour. In addition, an interim process has been developed to ensure that new applications can be processed, even while the matter is being addressed.

2. A full statement will be made once the matter has been resolved.

 

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW1814

Profile picture: Bara, Mr M R

Bara, Mr M R to ask the Minister of Defence and Military Veterans

(1)Whether (a) her spouse and/or (b) an adult family member accompanied her on any official international trip (i) in each of the past five financial years and (ii) since 1 April 2018; if not, what is the position in this regard; if so, what (aa) is the name of the person(s), (bb) was the (aaa) purpose and (bbb) destination of the trip and (cc) was the (aaa) total cost and (bbb) detailed breakdown of the costs of the accompanying person(s) to her department; (2) whether each of the specified trips were approved by the President in terms of the provisions of Section 1, Annexure A of the Ministerial Handbook; if not, why not; if so, what are the relevant details?

Reply:

(1)(a) yes

(i) yes

(ii) yes

(aa) Mr Charles Nqakula (spouse)

(bb)(aaa) and (bbb)

DATE

DESTINATION

PURPOSE

Fam Member

       
       

11-18/7/14

Paris, France & London

Official Visit as a Spouse

Mr C Nqakula

       

19-27/9/14

New York, USA

Official Visit as a Spouse

Mr C Nqakula

21-24/2/15

Abu Dabi

Official Visit as a spouse

Mr C Nqakula

13-18/4/15

Russia

Official Visit as a Spouse

Mr C Nqakula

18-22/4/15

Jarkata & Indonesia

Official Visit as a Spouse

Mr C Nqakula

22-26/4/15

Instantbul & Turkey

Official Visit as a Spouse

Mr C Nqakula

7-12/5/15

Russia

Official Visit as a Spouse

Mr C Nqakula

27-29/6/15

Lesotho

Official Visit as a Spouse

Mr C Nqakula

9-12/7/15

Kenya, DRC & Goma

Official Visit as a Spouse

Mr C Nqakula

24-25/8/15

Burundi

Official Visit as a Spouse

Mr C Nqakula

30/8-1/9/15

Ethiopia

Official Visit as a Spouse

Mr C Nqakula

13-18/9/15

New York

Official Visit as a Spouse

Mr C Nqakula

22-30/9/15

London

Official Visit as a Spouse

Mr C Nqakula

13-19/10/15

DRC & Sudan

Official Visit as a Spouse

Mr C Nqakula

31/10-5/11/15

Thailand

Official Visit as a Spouse

Mr C Nqakula

6-10/11/15

Burundi, Sudan & Dakar

Official Visit as a Spouse

Mr C Nqakula

14-16/1/16

Ethiopia

Official Visit as a Spouse

Mr C Nqakula

18-19/1/16

Gaborone, Botswana

The purpose of the official visit as the Spouse

Mr C Nqakula

27-31/1/16

Ethiopia

The purpose of the official visit as the Spouse

Mr C Nqakula

12-24/3/16

New York

Official Visit as a Spouse & Companion

Mr C Nqakula

25-29/4/16

Moscow, Russia

Official Visit as a Spouse

Mr C Nqakula (Spouse)

(

2-5/12/16

Cuba

Official Visit as spouse

Mr C Nqakula

25-31/1/17

Ethiopia

Travelled as a spouse on an official Visit

Mr C Nqakula

25-29/3/17

Pakistan

Official Visit as the spouse

Mr C Nqakula

3-6/12/17

Serbia

Official visit as the spouse

Mr C Nqakula

22-29/1/18

Ethiopia

Official Visit as the spouse

Mr C Nqakula

2-7/4/18

Russia

Official Visit, travel as the Spouse

Mr C Nqakula’

27/6-2/7/18

MAURITANIA

Official Visit as the spouce

Mr C Nqakula:

14-19/7/18

London & France

Official Visit as spouse

Mr C Nqakula

       

(cc)(aaa) and (bbb): The Ministerial Handbook determines that  “The costs for official journeys abroad by Members, and their spouses or adult family members accompanying them in official capacity, are for the account of the relevant Department”.

(2)  Yes

03 September 2018 - NW2391

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Social Development

(1)What (a) are the names, (b) is the total number and (c) is the purpose of workshops hosted by her department since her appointment on 26 February 2018; (2) What are the names and other relevant details of companies and service providers that were used for the purpose of hosting each specified workshop; (3) Whether she is related to any of the company owners and/or service providers that were used to host the workshops; if so, what are the relevant details? (4) Did her department request financial support from the National Treasury to host the workshops; if not, why not, if so, what was the response of the National Treasury; (5) Were all the workshops hosted by her department in compliance with National Treasury instructions and regulations, as well as applicable policies of the Supply Chain Management and Public Finance Management Act, Act 1 of 1999?

Reply:

All not applicable

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2239

Profile picture: Kohler-Barnard, Ms D

Kohler-Barnard, Ms D to ask the Minister of Justice and Correctional Services

Why was CAS 115/08/2015 that was opened at the Port Shepstone Police Station closed by the National Prosecuting Authority?

Reply:

The National Prosecuting Authority has informed me that the case opened at the Port Shepstone Police Station with case no. CAS 115/08/2015 has not been closed. The matter is still under investigation. The delay in finalising the investigation is due to the outstanding DNA results.

Additionally, the DNA samples had to be submitted because no DNA test was initially conducted on the deceased using a sample taken from the deceased’s son for comparison.

 

 

03 September 2018 - NW2399

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Alberts, Adv A to ask the Minister of Social Development

(1)In light of all payments made by the SA Social Security Agency (SASSA), whether she can indicate if any deductions from SASSA allowances are made by any institution; if not, why do many SASSA recipients find that deductions are made and that they do not receive the full amount which they are entitled to; if so, (a) what type of deductions are currently taking place, (b) what are the reasons for this, (c) what are the further relevant details and (d) on which legal grounds is such a decision regarding deductions based and how is this to the benefit of the SASSA recipient; (2) whether she will investigate the matter; if not, why not?

Reply:

The issue of illegal deductions is one of the matter that are before court.

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2440

Profile picture: Sonti, Ms NP

Sonti, Ms NP to ask the Minister of Social Development

What is the (a) name of each investing company that has invested on land owned by (i) her department and (ii) each entity reporting to her and (b)(i) nature, (ii) value and (iii) length of each investment?

Reply:

(ii) N/A

(b) (i) N/A

(ii) N/A

(iii) N/A

________________________

Approved by the Minister on

Date……………………….

03 September 2018 - NW2275

Profile picture: Atkinson, Mr P

Atkinson, Mr P to ask the Minister of Economic Development

What is the current status of the loan that was awarded to Shiva Uranium by the Industrial Development Cooperation and (b) by what date will the specified loan be paid?

Reply:

I have been furnished with a reply by the CEO of the IDC, Mr Geoffrey Qhena, to the question, which follows below:

“ (a) This matter is now subject to litigation in an effort to recover IDC’s exposure of R287.5million. The R287 million is made up of R37.5 million remaining capital of the original R250 million loan and R250 million return on the original loan.

(b) There is a litigation process ongoing. We currently await the conclusion of that process. With respect to reference to “litigation” this means that IDC has
instituted legal action to recover the R37,5 million as well as the R250 million in accrued interest. The R37.5 million is the remaining amount of the original
principal amount of R250 million. Oakbay Resources has repaid a total of R212.5 million. The accrued interest remains at R250 million.”

-END-

03 September 2018 - NW2389

Meso, Ms L to ask the Minister of Social Development

(1)What are the powers, functions and duties of the current Director-General (DG) of her department; (2) whether some of the powers of the current DG have been removed and amended; if so, which rule in the Ministerial Handbook was relied on to effect the changes to remove and amend the powers of the Office of the DG; (3) whether she will provide Ms L L van der Merwe with detailed and comprehensive information on the purpose of making such amendments to the powers and functions of the Office of the DG; if not, why not; if so, when?

Reply:

(1) The powers, functions and duties of the Director General are in terms of the Public Service Act, 1994 (as amended) and Public Service Regulations,

(2) N/A

(3) N/A

________________________

Approved by the Minister on

Date……………………….

31 August 2018 - NW2372

Profile picture: Mokoto, Ms N

Mokoto, Ms N to ask the Minister of Basic Education

Whether she intends to consider making using of innovative solutions to improve the lack of sanitation provision at schools, particularly in rural areas; if so, (a) what innovative solutions and (b) what progress has her department made in this regard?

Reply:

(a)(b) The matter is already receiving attention. The Department of Basic Education is collaborating with the Water Research Commission (WRC), Department of Water and Sanitation, Council for Scientific and Industrial Research (CSIR); as well as the Presidential Infrastructure Coordinating Commission (PICC), in identifying innovative dry sanitation solutions that are amenable to deployment in schools. The criteria being used include user dignity, gender, requirements for learners with disabilities, health and hygiene, cost, implementation speed, durability, local employment, sustainability, operation and maintenance, reliability, job creation and environmental protection. See attached annexure of technologies under consideration.

31 August 2018 - NW2266

Profile picture: Makeleni, Ms P

Makeleni, Ms P to ask the Minister of Basic Education

(a) What number of schools in each province has been disrupted as a result of any kind of protest action that has prevented teaching from taking place (i) in each of the past five academic years and (ii) since 1 January 2018 and (b) in each province, what is the (i) name of the school, (ii) date on which the protest occurred, (iii) cause of the protest and (iv) time period in which teaching could not take place?

Reply:

The Department has information for the period 2014 – 17. However the department is awaiting information to updater 2018 information.

Schedule of Protest Action for 2014 - 2017

2014

No

Name of School

Date

Number Of Days

1

Tsoe Primary School, John Taolo Gaetsewe, Northern Cape

5-Jun-14

1

2

Ditshipeng Primary School, John Taolo Gaetsewe, Northern Cape

5-Jun-14

1

3

Keatlholela Primary School, John Taolo Gaetsewe, Northern Cape

5-Jun-14

1

2015

1

Atamelang Primary School, Dr. Ruth S Mompati, North West

30-Sep-15

1

2

Mpolosa Senior Primary School, Lusikisiki, Eastern Cape

8-Jun-15

1

2016

1

Joe Slovo High School, Metro East, Western Cape

05-07 September 2016

2

2

Orlando Secondary School, Johannesburg West, Gauteng

13-May-16

7

3

Magudwini High School, Ndwedwe, KwaZulu-Natal

18-Apr-16

22

4

Mokhari Secondary School, Waterberg, Naboomspruit Circuit, Limpopo

10 March to 05 April 2016

25

5

Mvaba Secondary School, Pinetown, KwaZulu-Natal

25-May-16

10

6

Phakane High School, John Taolo Gaetsewe, Northern Cape

12-Apr-16

1

7

Avhatondwi Primary School, Vhembe, Limpopo

May-16

31

8

Frank Mukhaswakule Primary School, Vhembe, Limpopo

May-16

31

9

Khwara Secondary School, Vhembe, Limpopo

May-16

31

10

Kurulen Primary School, Vhembe, Limpopo

May-16

31

11

Luambo High School, Vhembe, Limpopo

May-16

31

12

Lupedze Primary School, Vhembe, Limpopo

May-16

31

13

Maligana Wilson Secondary School, Vhembe, Limpopo

May-16

31

14

Mariadze Primary School, Vhembe, Limpopo

May-16

31

15

Mashaa Primary School, Vhembe, Limpopo

May-16

31

16

Mashau Primary School, Vhembe, Limpopo

May-16

31

17

Masia Senior Primary School, Vhembe, Limpopo

May-16

31

18

Matshindevhe Primary School, Vhembe, Limpopo

May-16

31

19

Mavhina Primary School, Vhembe, Limpopo

May-16

31

20

Mphagane Primary School, Vhembe, Limpopo

May-16

31

21

Munwai Primary School, Vhembe, Limpopo

May-16

31

22

Nwaridi Secondary School, Vhembe, Limpopo

May-16

31

23

Radzambo Secondary School, Vhembe, Limpopo

May-16

31

24

Ramauba Secondary School, Vhembe, Limpopo

May-16

31

25

Tshinavhe Secondary School, Vhembe, Limpopo

May-16

31

26

Tshipakoni Secondary School, Vhembe, Limpopo

May-16

31

27

Tshirunzanani Primary School, Vhembe, Limpopo

May-16

31

28

Tshivhade Primary School, Vhembe, Limpopo

May-16

31

29

Vhafamadi Secondary School, Vhembe, Limpopo

May-16

31

30

Vhudzani Secondary School, Vhembe, Limpopo

May-16

31

31

Thomas Ntshavheni Primary School, Vhembe, Limpopo

May-16

31

32

Muvimbi Primary School, Vhembe, Limpopo

May-16

31

33

Masakona Senior Primary School, Vhembe, Limpopo

May-16

31

34

Tshinange Secondary School, Vhembe, Limpopo

May-16

31

35

Mawela Primary School, Vhembe, Limpopo

May-16

31

2017

1

Kwanang Primary School, Bohlabela District, Mpumalanga

January 2017 to 28 March 2017

40

2

Bakutswe High School, Bohlabela, Mpumalanga

January 2017 to 28 March 2017

40

3

Lamulelani High School, Bohlabela, Mpumalanga

January 2017 to 28 March 2017

40

4

Rindzani Junior Secondary School, Bohlabela, Mpumalanga

January 2017 to 28 March 2017

40

5

Hillview Primary School, KwaZulu-Natal

8-May-17

1

31 August 2018 - NW2227

Profile picture: Brauteseth, Mr TJ

Brauteseth, Mr TJ to ask the Minister of Basic Education

(1)Whether (a) her department and/or (b) the KwaZulu-Natal department of education were involved in the arrangements to perform circumcisions on boy learners at the Celimfundo Primary School in Khetani in Winterton in June 2018; if not, who made the arrangements for the circumcisions to be performed; if so, (2) whether permission was obtained to perform the circumcision of each learner from both parents and/or guardians of each learner before the operation was performed; if not, in each case, on what basis were the circumcisions performed without obtaining permission; if so, were both parents and/or guardians requested to be present before, during and/or after the operations were performed; (3) (a) where was each operation performed, (b) by whom was each operation performed, (c) what criteria were used to determine which learners should be circumcised and (d) what are the details of any counselling given to each learner before and after the operations; (4) whether any follow-up visitations were conducted to any of the learners after the operations were performed; if not, why not; if so, (a) what are the relevant details of the follow-up visitations, (b) what number of follow-up visitations were conducted, (c) which learners were visited and (d) who conducted the follow-up visits; (5) whether any of the specified learners required further medical treatment after the operations were performed; if so, what are the relevant details? NW2401E

Reply:

(1) (a) The Minister of Basic Education was not aware of the medical male circumcision (MMC) that took place in the school. In the Integrated School Health Programme (ISHP), the Department of Basic Education (DBE) and the Department of Health (DOH) had agreed that only education on MMC should be provided to learners at school. In this regard, MMC is not performed at schools but learners are referred for services. The Honourable Member is requested to submit the question to the province.

(2)(3) (4) and (5) The Provincial and District Managers of the Department of Education in KwaZulu-Natal Province have reported that they are not aware that MCC services were provided to boy learners at the Celimfundo Primary School in Khetani in Winterton in June 2018. The Department of Health is responsible for the surgical processes including follow-up care of all patients. The Honourable Member is requested to submit the question to the provincial health department.

31 August 2018 - NW2371

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Khosa, Mr DH to ask the Minister of Basic Education

In view of the fact that although Grade R classes in primary schools do not form part of the official school enrolment at present and therefore are not covered in the school nutrition programme, the Grade R learners still benefit from allocations towards other learners, and in view of her department’s proposal that Grade R classes should start admitting 5-year old children as well which will become an unbearable strain on schools without necessary support by the State, what steps does she intend to take in this regard?

Reply:

Currently, all Grade R learners located in public primary schools (quintile 1 – 3 and identified special schools) benefit from the National School Nutrition Programme. With the envisaged admission of 5 year old children, the Department will work within the budget allocated in the next medium term expenditure framework (MTEF) cycle to include all targeted learners. Where necessary, National Treasury will be consulted on any additional budget requirements.

31 August 2018 - NW2270

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Bagraim, Mr M to ask the Minister of Basic Education

(a) What is her department’s policy on educators leaving school to attend union meetings during school hours and (b) does her department monitor the number of meetings that take place resulting in educators leaving school during school hours; if not, why not?

Reply:

a) Time-off is regulated in Chapter F of the Personnel Administrative Measures (PAM). According to the PAM, a reasonable period of notice must be given to the responsible person designated by the employer for time off to attend meetings, training courses, and other agreed to activities. The PAM provides further that when requesting time-off for such activities, every effort should be made to hold them before or after official school hours, or during lunch breaks. The granting of time-off is also not unlimited as the PAM provides specific limitations to unions depending on the position of the teacher in the union.

Only duly elected, identified trade union representatives are allowed time-off, including during school hours, to attend meetings for collective bargaining purposes and other union activities.

b) My Department does not monitor the number of meetings that take place resulting in educators leaving school during school hours. In terms of the PAM, it is the responsibility of the Provincial Departments of Education to keep records as well as details of time-off allowed with full pay and without pay. However, the PAM is quite specific that time-off may only be granted if the teaching and learning programmes of a school is not interrupted.

31 August 2018 - NW2375

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Basson, Ms J to ask the Minister of Basic Education

(1) (a) Whether her department has plans in place to realise the White Paper 6 on Inclusive Education in order that even learners with disabilities in rural areas can also benefit and have access to better education in the areas where they live; if not, what is the position in this regard; if so, what progress has been made; (2) what plans does her department have in place to address the supply and demand of qualified educators who teach learners with disabilities in order to give them equal and quality education that will mould them to be valuable and independent citizens who also contribute effectively to the economy of the country? NW2553E

Reply:

(1)(a) Yes, the Department of Basic Education (DBE) has plans in place to realise the White Paper 6 on Inclusive Education. The following is a selection of key examples in this regard:

(i) The implementation of the Policy on Screening, Identification, Assessment and Support (SIAS) and Curriculum Differentiation is instituted across the sector and settings whether urban, semi-urban or rural. To date, 81 076 teachers from 20 416 (80%) schools and 4 215 officials have been trained on SIAS and Curriculum Differentiation across settings in the sector.

(ii) The designation of ordinary schools to Full Service Schools (FSSs) has covered 849 schools across the settings, to provide access to quality and equitable education and support to all learners including those with disabilities as close as possible to where they live. Of this number, 219 FSSs have been provided with ramps and rails for accessibility to the physically disabled learners.

(iii) A total of 187 Care Centres were audited in the first quarter of 2018/19 during which 5 502 children with severe to profound intellectual disability (CSPID) were reached.

(iv) DBE has developed the Curriculum Assessment Policy Statement (CAPS) Grades R-5 for learners with severe intellectual disability (SID), which is piloted in 177 Special Schools for SID learners in 2018, in preparation for implementation from 2019 onwards.

(2) The Funza Lushaka bursary programme is being offered at 24 public Higher Education Institutions offering Initial Teacher Education programmes. In order to strengthen the supply and demand of qualified educators who teach learners with disabilities, the Department has revised the priority areas for the Funza Lushaka Bursary Programme to specifically include the fields of special educational needs, braille and sign language education from 2018. Universities such as the University of Johannesburg, WITS, UNISA and University of Pretoria have started to offer the fields of special educational needs, braille and sign language as major subject areas in the Bachelor of Education (B Ed) Degree and Post Graduate Certificate in Education (PGCE). It is worth noting that the University of Johannesburg has introduced Neurodevelopmental Disorders as part of the B Ed and PGCE from 2018.

31 August 2018 - NW2225

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Lees, Mr RA to ask the Minister of Finance

What are the (a) names and (b) roles of each member of the Fiscal Liability Committee?

Reply:

Membership of the Fiscal Liability Committee (FLC) is not linked to an individual, rather a position. i.e. you are automatically a member of the FLC by virtue of occupying the below mentioned positions. The names of the officials currently occupying the positions are provided below:

9a) Names and (b) Roles of each member of the FLC

1. Deputy Director –General: Asset and Liability Management (Chairperson) (Voting) – Mr Anthony Julies

2. Deputy Director –General: Budget Office (Voting) - Mr Ian Stuart ( Acting)

3.  Deputy Director –General: Public Finance (Voting) - Dr Mampho Modise

4. Deputy Director –General: Intergovernmental Relations (Voting) - Ms Malijeng Ngqaleni

5. Head: Legal Services (Voting) - Ms Rebecca Tee

6. Director: Corporate Governance (Secretariat (Non-Voting) - Ms Rudzani Mandiwana

7. All Chief Directors in Asset and Liability Management Division (Non-Voting)

7.1 Tshepiso Moahloli

7.2 Jim Matsemela

7.3 Unathi Ngwenya

7.4 Johan Redelinghuys

8. Chief Director: Fiscal Policy (Non-Voting) - Mr Ian Stuart (Acting)

9. Chief Directors of Public Finance whose institutions for which they are responsible are on the agenda (Non –Voting)

31 August 2018 - NW2457

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Rawula, Mr T to ask the Minister of Tourism

What is the (a) name of each investing company that has invested on land owned by (i) his department and (ii) each entity reporting to him and (b) (i) nature, (ii) value and (iii) length of each investment?

Reply:

a) (i) Department of Tourism

The Department of Tourism does not own any land.

(a)Name of company

(b)(i) Nature

(b) (ii) value

(b)(iii) Length of investment

Not applicable

Not applicable

Not applicable

Not applicable

a) (ii) SA Tourism

 

(a) Name of company

(b)(i) Nature

(b) (ii) value

(b)(iii) Length of investment

SA Tourism owns land only in Gauteng at the following address:

Bojanala House, 90 Protea Road, Chislehurston, Sandton

The nature of use is solely for marketing operations in line with the Tourism Act no3, 2014.

Not applicable

Not applicable

31 August 2018 - NW2374

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Botes, Mr A to ask the Minister of Basic Education

(1) What progress has her department made regarding the recommendation of the Ministerial Task Team to make History a compulsory and stand-alone subject in the (a) General Education and Training and (b) Further Education and Training phases; (2) whether the parents and learners have been made to understand the purpose of the implementation of History as a compulsory and stand-alone subject in schools? NW2552E

Reply:

(1) The recommendations made by the Ministerial Task Team do not imply that the Department of Basic Education (DBE) has taken a final decision on the implementation of History as compulsory subject. The report was released to the public, to allow for broader engagements and inputs before any decision could be taken.

The recommendations have already been presented at various fora as part of the consultation process. The findings of the consultation process will be used to determine a final position of the DBE.

The Ministerial decision and the sector’s response will be shared with the public in due course and the public and stakeholders will be invited to comment before any policy is finalised in this regard.

a) History is already a standalone subject in the FET phase. The DBE is in the process of reappointing the Ministerial Task Team members as well as a reference team to strengthen the History curriculum for both the GET and FET Bands. The draft curriculum will be presented widely and gazette for public comment before finalisation.

b) The decision to offer History as a standalone subject in the GET phase, has not been taken yet, as part of the consultation process the offering of History as a standalone subject in the GET phase is still being consulted on.

(2) Once a final decision has been taken by the Minister, all stakeholders, including parents and learners, will be informed through a formal promulgation process.

31 August 2018 - NW2271

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Basic Education

What (a) number of learners in each province who wrote their National Senior Certificate examinations in 2017 have still not received their certificates and (b) action is her department taking to ensure that learners receive the outstanding certificates necessary for post-school education and employment?

Reply:

a) The Table below indicates the number of candidates that wrote all seven subjects in the 2017 National Senior Certificate examination and passed and therefore qualify for a full certificate, the number of certificates that were issued by Umalusi, the number of certificates outstanding, and the percentage of outstanding certificates.

Province

Candidates that Passed

Issued Certificates

Outstanding certificates

% Outstanding

EASTERN CAPE

44 413

25 069

19 344

43.6

FREE STATE

21 875

21 875

0

0.0

GAUTENG

82 894

70 564

12 330

14.9

KWAZULU-NATAL

90 909

86 203

4 706

5.2

LIMPOPO

54 624

51 838

2 786

5.1

MPUMULANGA

36 270

36 049

221

0.6

NORTH WEST

24 707

24 707

0

0.0

NORTHERN CAPE

6 640

6 375

265

4.0

WESTERN CAPE

41 234

41 234

0

0.0

Umalusi Certification System: 2017 Nov Database

b) In the case of the seven provinces, the small number of certificates that are outstanding are due to data errors, and in these cases the certificate requests were rejected by the Quality Assurance Council, Umalusi. The Provincial Education Department (PED) is currently attending to these data errors and these data sets will be resubmitted to Umalusi.

In the case of the Eastern Cape and Gauteng, the large number of candidates that have not as yet received their certificates is due to a system problem that is currently being attended to by the State Information Technology (SITA), the provinces involved and the Department of Basic Education (DBE). It needs to be noted that all learners in the Eastern Cape and Gauteng provinces, have been resulted and have received their Statement of Results. The DBE is prioritizing the outstanding certificates and the DBE will ensure that all outstanding certificates will be issued in the next two weeks.

31 August 2018 - NW2373

Profile picture: Khosa, Mr DH

Khosa, Mr DH to ask the Minister of Basic Education

Whether she has found that terminating the building of state of the art schools and instead to start adding classrooms, administration blocks and ablution facilities according to the needs of each school will fast-track infrastructure service delivery in the schools around the country?

Reply:

The concept, state of the art, refers to schools that are provided with all amenities and spaces as stipulated in the Regulations Relating to Minimum Uniform Norms and Standards for Public School Infrastructure. In the case of new and replacement schools, it makes economic sense to provide a full complement of spaces rather than a piecemeal approach. However, there are also programmes that entail providing additional facilities like classrooms, ablution facilities, and administration blocks etc. The prudent approach is to ensure a balance between the provision of new spaces, additions and upgrades, renovations, rehabilitation and refurbishments as well as maintenance.

31 August 2018 - NW2268

Profile picture: America, Mr D

America, Mr D to ask the Minister of Basic Education

With reference to the educator strike action (details furnished), were the strikes protected in terms of notice that was given; if not, what disciplinary action was taken against the educators who participated in the illegal strike?

Reply:

The Department of Basic Education does not collect or collate this information. The honourable Member is requested to direct the questions to the Provincial Education Departments.