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07 January 2022 - NW2711

Profile picture: Van Der Walt, Ms D

Van Der Walt, Ms D to ask the Minister of Justice and Correctional Services

What total number of (a) offenders were registered on the National Register for Sex Offenders in each province in the periods (i) 1 January 2017 to 31 December 2017,

Reply:

  1. A total number of convicted sex offenders registered on the National Register for Sex Offenders (NRSO) in each province in the periods indicated on the question is as follows:

Table 1: The NRSO Active Cases from 1 January 2017 to 15 November 2021 per province as at 7 December 2021

Name of Province

Years Conviction Registered on the NRSO

Grand Total

 

1 Jan to

31 Dec

2017

1 Jan to

31 Dec

2018

1 Jan to

31 Dec

2019

1 Jan

to 31

Dec 2020

1 Jan

to 15

Nov 2021

 

Eastern

Cape

173

57

220

19

09

478

Free State

133

108

134

28

19

422

Gauteng

101

38

69

38

37

283

Kwazulu-

Natal

157

157

186

110

30

640

Limpopo

46

55

68

37

18

224

Mpumalanga

44

83

107

17

01

252

North West

44

87

53

02

11

197

Northern

Cape

20

08

22

07

09

66

Western

Cape

130

194

161

37

39

561

GRAND

TOTAL

848

787

1 020

295

173

3 123

It must be noted that the data sets kept in the Register constantly vary due to the day-to-day activities made in the Register, which include entries and removals of

particulars of sex offenders. As permitted by section 51 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, certain registered offenders do apply to the Registrar to have their particulars removed from the Register. After consideration by the Registrar, some of these applications become successful and this results in constant changes in the total number of sex offenders registered on the Register.

  1. (i) With regard to the total number of applications received through Form 8 in each province, it is important to first note that the Department commenced with the issuing of clearance certificates in September 2019, and will therefore be unable to provide data sets prior to this date. The delayed issuing of certificates was due to the long process of developing the electronic Register, as prescribed by the Act, and also building the system’s integration internally. It was a process necessary to address challenges relating to data contamination, whilst building a system that preserves data integrity.

Form 8 prescribed by the Regulations on National Register for Sex Offenders relates to applications for certificates by person/licensing authority/relevant authority in respect of particulars of another. The spectrum of these applicants, therefore, includes employers of employees who work directly with children or persons with mental disabilities, as contemplated in section 44 of the Act.

However, some of these employers prefer having their employees applying directly to the Registrar using the prescribed Form 7. In keeping to the question, this response will therefore exclude the Form 7 applications for clearance certificates and zoom into the Form 8 applications. The table below, therefore, gives the total number of Form 8 applications in each region during the period of 1 September 2019 to 15 November 2021 as follows:

Table 2: Total number of Form 8 Applications received during the period of 1 September 2019 to 15 November 2021

FORM 8 APPLICATIONS FOR CLEARANCE CERTIFICATES

Application Type

1 Sept to 31

Dec 2019

1 Jan to 31 Dec

2020

1 Jan to 15 November

2021

Total

Form 8

8 094

5 567

1 044

14 705

The figures above exclude the backlog of 1 972 applications accumulated during the Department’s system downtime which halted entry into the NRSO from 6 September 2021 to 19 November 2021. A Performance Recovery Plan has been developed to speedily eliminate this backlog, and a systems’ enhancement process has also begun.

(ii) The Department is unable to provide statistics on Form 29 applications as the Regulations on the National Register for Sex Offenders prescribe Forms 1 up to

11. Therefore, there are no prescribed forms beyond Form 11. It is the Regulations on the National Child Protection Register that prescribe Form 29, and this Register is maintained by the Department of Social Development.

07 January 2022 - NW2734

Profile picture: Whitfield, Mr AG

Whitfield, Mr AG to ask the Minister of Police

With reference to his reply to question 1317 on 8 September 2021 regarding CAS 151/02/2020 related to the Athlone Police Station and records that he provided, on what date did a certain person (name furnished) become aware of allegations that a certain person (name also furnished) and officers under his command were implicated in an assault a certain person (name furnished); if so, on what date;

Reply:

NW3249E

(1) Lieutenant Colonel Nicholas, the Acting Station Commander of the Athlone Police Station, became aware of the death of Adam Isaacs, on 27 January 2020. Colonel Adonis, the Station Commander, returned from leave, on 3 February 2020.

(2)(a) No member was placed on precautionary suspension and/or desk duty.

(2)(b) No departmental investigation was initiated at the time. Subsequently, two disciplinary investigations have been initiated into the members’ alleged involvement in the death, as per DR 05/2021 and the police station managements’ failure to act, as per DR 55/2021. The disciplinary investigation is pending finalisation. The criminal case was referred to the Independent Police Investigativr• Directorate (IPID) and is still under investigation.

(3)(a) Yes, the member Is still employed in the South African Police Service (SAPS).

(3(b) Not applicable.

Reply to question 2734 recommended

Date: 2021-12-30

GENERAL POLICE MP BHEKI CELE
AFRICAN POLICE SERVICE

Reply to question 2754 approved/not

07 January 2022 - NW2329

Profile picture: Whitfield, Mr AG

Whitfield, Mr AG to ask the Minister of Public Enterprises

What (a) is the total number of private logistics companies contracted to provide transport services for manganese ore to the port of Port Elizabeth, (ii) volume of manganese ore is transported by road, (b) are the details of the logistics companies transporting manganese ore including the total number of trucks used by each company, (c) is the total value of the contracts for transporting manganese ore by road and (d) is the frequency rate of trucks arriving with manganese ore in the port of Port Elizabeth for each financial year since 1 April 2015;

Reply:

According to the information received from Transnet:

REPLY TO NA PARLIAMENTARY QUESTION No. 2329

Question No.

Question

Response

1

What (a) (i) is the total number of private logistics companies contracted to provide transport services for Manganese Ore to the port of Port Elizabeth?

Total No: 4

 

What (a) (ii) volume of manganese ore is transported by road?

Volume:

Year:18/19: 500 000 Tonnes

Year: 19/20: 2,100 000 Tonnes

Year: 20/21: 3,500 000 Tonnes

 

What (b) are the details of the logistics companies transporting manganese ore including the total number of trucks used by each company?

Name of Company

Number of trucks used

   
  1. Tradekor
  1. Autoforce
  1. Black Magic
  1. Nexus

1) 200

2) 100

3) 150

4) 120

 

What (c) is the total value of the contracts for transporting manganese ore by road?

R 5 100 000(incl. Vat)

 

and what (d) is the frequency rate of trucks arriving with manganese ore in the port of Port Elizabeth for each financial year since 1 April 2015?

April 2015: 30 - 50 Truck per day

April 2016: 30 - 50 Truck per day

April 2017: 30 - 50 Truck per day

April 2018: 30 - 50 Truck per day

April 2019: 30 - 50 Truck per day

April 2020: 10 - 15 Truck per day

April 2021: 10 - 15 Truck per day

2

What is the (a) total number of trains used to transport manganese ore to the port of Port Elizabeth?

Total No:

1 187 trains (2020/21) COVID-19 pandemic reduced capacity.

+ 1400 trains (2019/20) Capacity restricted due to current rail infrastructure. Plans underway to increase capacity

 

What is the (b) volume of manganese ore that is transported by rail?

Volume:

7 776 861 tons (2020/21) COVID-19 pandemic reduced capacity

+ 9 200 000 tons (2019/20) Capacity restricted due to current rail infrastructure. Plans underway to increase capacity

 

What is the (c) frequency of trains arriving with manganese ore in Port Elizabeth?

Frequency: 4/5 trains daily carrying 6552 tons per train

 

and what is the (d) total cost to the department (Transnet not the department) of transporting manganese ore by rail to the port of Port Elizabeth for each financial year since 1 April 2015?

April 2015: R 942 694 147 (Excl. Vat)

April 2016: R 1 258 868 403

April 2017: R 1 333 216 868

April 2018: R 1 466 192 336

April 2019: R 1 757 581 402

April 2020: R 2 478 138 165

April 2021: R 2 547 559 998

07 January 2022 - NW2834

Profile picture: Whitfield, Mr AG

Whitfield, Mr AG to ask the Minister of Police

What (a) is the date on which the vacancy for the position of Head of Biology Section in the SA Police Service (SAPS) Forensic Division occurred, (b) steps have been taken to fill the specified vacancy since it occurred, (c) number of Acting Heads of Biology Section have been appointed since the vacancy occurred, (d) is the total cost associated with these acting appointments, (e) are the details of the personnel who acted in the specified position and (I) are the reasons that this position has remained vacant;

Reply:

(1)(b)

(1)(c)

(1){d}(e)

NW3354E

The position of the head of the Biology Section, of the South African Police Service (SAPS) Forensic Science Laboratory (FSL) became vacant, on 1 September 2018,

The letter, for the post to be filled, was drafted and submitted, on 2 September 2020.

A total of five acting heads of the Biology Section were appointed since the vacancy occurred.

The cost associated w‘8h the acting appointments and the details of the personnel, who acted in the specified position, are reflected in the table below:

2

Rank

Surname & initials

From

To

Total Cost

Colonel

Hlalele, FE

2018-05-23

2019-09-30

R381 355.94

Colonel

De Wet, GJ

2019-10-01

2019-12-31

R49 916.25

Colonel

Mabandfa, ZH

2020-01-01

2020-03-31

R49 916.25

Colonel

Mulaudzi, NL

2020-04-01

2020-06-30

R39 904.50

Colonel

Botha, HC

2020-08-01

2020-09-30

R4O 828.25

Colonel

Hlalele, FE

Botha, HC

2020-10-01

2020-12-31

R46 628.25

Colonel

 

2021-01-01 ”

2021-03-31

R46 628.25

Colonel

Hlalele, FE

2021-04-01

2021-00-30

Rw jos.2s

Colonel

Mulaudzi, NL

2021-07-01

2021-11-30

R66 507.50

Total

 

R754 113.44

(1)(I)

(2)(a)

(2)(b)

(2)(c)

The post was advertised, on 2021-05-23 and is currently pending appointment.

A submission was made to the Safety and Security Sectoral Bargaining Council (SSSBC), on 2 March 2017. In the submission, it was requested that Labour consult with their members. On 13 October 2021, Labour finalised the consultation process with their members. The agenda point, with regard to a shift system, has been reinstated on the SSSBC agenda. In the interim, a flexible working hour system has been implemented, awaiting 1he outcome of the (SSSBC).

No, all the vacancies at the National FSL, have not yet been filled.

Seven posts were advertised, for the Biology Section and the closing date was 31 October 2021. The appointments are pending recommendations, During the post-promotion process, one post was advertised for the Biology Section and the closing date, was 22 November 2021. The appointment is pending recommendation.

(3) The overtime, which was paid in each month and the total amount of overtime “ paid, against the overtime hours worked, is rejected in the table below.

Month

Pretoria

Eastern Cape

Western Cape

April 2021

R226 621.00

R145 709.00

R 0

May 2021

R678 204.00

R198 233.00

R 0

June 2021

R630 540.00

R109 135.00

R78 175.00

July 2021

Re4s «oo.o0

R245 616.00

R 0

August 2021

R438 416,00

R 0

R 0

September 2021

R868 533.00

R 0

R6 897.00

October 2021

R1 6M 506.00

R284 451.00

R302 0*7.00

November 2021

   

R7 206.00

R834.00

R191.00

Total expenditure on claims submitted

overtime

R5 430 026.00

RI 044 038.00

R387 300.00

Total hours worked for the claiM9

submitted

27 815.40

5 240

1 897

Reply to question 2834 recommended

GENERAL BHEKI CELE

SOUTH AFRICAN POLICE SERVICE

Date: 2021-12-31

Reply to question 2834 approved/

 

07 January 2022 - NW2600

Profile picture: Abrahams, Ms ALA

Abrahams, Ms ALA to ask the Minister of Justice and Correctional Services

What is the total number of (a) cases of abuse of the SA Social Security Agency Child Support Grant that have been referred for trial in each province since 1 January 2015 and (b) convictions regarding the specified offence in the specified period in each province;

Reply:

Although the National Prosecuting Authority (NPA) has conducted prosecutions of various cases relating to South African Social Security Agency (SASSA) grants, it is only Gauteng (South Gauteng/Johannesburg), Kwa-Zulu Natal and the Eastern Cape (Mthatha) that have dealt with cases relating to the abuse of the SASSA Child Support Grants since January 2015.

(1) (a) Number of cases referred for trial

Eastern Cape (Mthatha)

23

Kwa-Zulu Natal

22

Gauteng (Johannesburg)

2

(b) Number of convictions regarding specified offences

Eastern Cape (Mthatha)

19

Kwa-Zulu Natal

4

Gauteng (Johannesburg)

0

(2) Penalties attached to convictions attained

Mthatha

The various accused persons were convicted of contravening the provisions of the Transkei Penal Code, relating to fraudulent and/ or theft of child support grant.

Sentences imposed range as follows:

Direct terms of imprisonment (6 years and 8 years direct imprisonment terms); Wholly suspended sentences, whereby the Courts in some cases ordered the accused to pay back amounts defrauded/ stolen; term of imprisonment in terms of section 276 1(i) of CPA (correctional supervision); term of imprisonment with an

option to compensate the complainant.

KwaZulu-Natal

The various accused were convicted of fraud.

(2) Penalties attached to convictions attained

 

Sentences imposed were direct terms of imprisonment (3 years and

5 years direct imprisonment terms)

Gauteng

(Johannesburg)

The cases have not yet been finalised in court

(3) Total number of cases currently in court

Mthatha

4

Kwa-Zulu Natal

15

Gauteng (Johannesburg)

1

It should be noted that charges were provisionally

withdrawn in respect of the second matter, pending finalisation of criminal investigations.

07 January 2022 - NW2416

Profile picture: Whitfield, Mr AG

Whitfield, Mr AG to ask the Minister of Public Enterprises

How many tonnes of manganese ore have been shipped from the (a) Port of Port Elizabeth and (b) Port of Ngqura in each year since 1 April 2015;

Reply:

According to the information received from Transnet

(1)

Manganese Tonnes

Financial Year

Port of Port Elizabeth

Million Tonnes

Port of Ngqura

Million Tonnes

2015/16

6 139 602 Mt

0

2016/17

7 446 310 Mt

0

2017/18

8 979 026 Mt

0

2018/19

9 100 464 Mt

984 901

2019/20

9 397 272 Mt

1 770 486 Mt

2020/21

8 347 956 Mt

2 918 683 Mt

(2) (a) The Bulk Ore Terminal at Port of Port Elizabeth will cease to operate at the end of the 2026/27 financial year. The Decommissioning application process to the Department of Environment, Forestry and Fisheries for a Record of Decision will commence in the financial year

2024/25. The Decommissioning will start in 2027/28 thereafter a remediation process will take place. The entire process takes place within a period of 4 years.

(b) The Ngqura Manganese Ore Terminal will be commissioned by January 2026 in a phased manner, until the Port of PE Ore Terminal is phased out in March 2027.

07 January 2022 - NW2296

Profile picture: Lees, Mr RA

Lees, Mr RA to ask the Minister of International Relations andCooperation

With reference to her reply to question 31 for oral reply on 3 March 2021 and the reply by the President of the Republic, Mr M C Ramaphosa, to question 1077 on 24 May 2021 on alleged R118 million land purchase in the United States of America, what are the relevant details of the departmental officials who have been suspended in each case providing the

Reply:

  1. Mr KE Mahoai and Mr C Ramashau
  1. Director-General and Chief Financial Officer (c) 10/02/2021 and 01/03/2021

(d) Both Officials were dismissed after due processes were followed. Mr Mahoai was dismissed on 04 September 2021. Mr Ramashau was dismissed on 01 October 2021.

1

07 January 2022 - NW2723

Profile picture: Khumalo, Dr NV

Khumalo, Dr NV to ask the Minister of Police

Whether, with reference to the increase in the crime rate in the Republic, there are currently any collaborative interventions undertaken by the SA Police Service and the Department of Basic Education to deal with the (a) violence in schools amongst learners and (b) kidnapping of children in schools; if not, why not; if so, (i) what has been the method of measuring the impact of the interventions and (ii) to what extent has he found this to a reflection of an ineffective national intelligence function?

Reply:

(a) The South African Police Service (SAPS) and the Department of Basic Education (DBE) have completed the process of reviewing the School Safety Protocol, which guides the implementation of School Safety Programmes, aimed at promoting safer schools, nationally. There are various crime

awareness campaigns, which are implemented and conducted, by the SAPS, at schools to address, amongst others, incidences of bullying and gangsterism amongst learners, in and around school premises. Currently, there is a National School Safety Violence and Bullying Prevention Initiative that is being implemented, in response to the emerging incidents of bullying and violence by learners on and off school premises.

The SAPS also has a flagship project called the Junior Commissioner Project, whicF‹ is being implemented, from Grades 8 to 12. Junior Commissioners are appointed in schools, to lead crime prevention campaigns, under the mentorship of the SAPS. Junior Commissioners are also participating in School Safety Committees in their areas.

Awareness campaigns, which focus on the kidnapping of learners to and from schools, are conducted, on an ongoing basis. Multidisciplinary Investigation Teams have been established in the hotspot provinces, namely Gauteng,
KwaZulu-Natal, the Western Cape, North West and Limpopo. These teams are part of the Provincial Organised Crime Investigation units. Cases are prioritised, centralised and investigated, in terms of the 72-Hour Activation Plan. The Provincial Organised Crime Investigation teams are coordinated by the National Organised Crime Investigation Unit and activated by the Joint Operational Centres (JOC) and consist of:

Hostage negotiators.

Crime intelligence.

Detective Service (local police station).

Organised Crime units (National and Provincial levels).

Forensic Services, including Crime Scene Management.

Tactical Response Teams.

For the investigation of kidnapping cases, the multidisciplinary teams, make use of the following:

u Arrest of identified persons.

Centralisation of case dockets, for investigation purposes.

Centralisation of case dockets, for trial in court and prosecutor-directed investigations with the National Prosecution Authority (NPA).

Collection and analysis of data and information received, on the cases that are investigated by the multidisciplinary teams. This intervention has resulted in a decrease in the kidnapping of school children.

(i) The impact of the intervention programmes is measured through ongoing compliance inspections. Capacity building sessions are done where a gap is identified with regard to the implementation of School Safety Programmes.

(ij)

The involvement of the National Crime Intelligence does yield positive results, which assists investigation teams in effecting arrests and aeizures, as well as the confiscation of valuable exhibits during track and trace operations.
Reply to question 272* recommended/ (SOEG)

Date: 2021-12-30

Reply to question 2723 approved/

GENERAL BHEKI CELE

SOUTH AFRICAN POLICE SERVICE

07 January 2022 - NW2612

Profile picture: Van Der Walt, Ms D

Van Der Walt, Ms D to ask the Minister of Justice and Correctional Services

What number of (a) illegal foreign nationals have been found guilty of criminal offences in the courts of the Republic in each province in the periods (i) 1 January 2017 to 31 December 2017, (ii) 1 January 2018 to 31 December 2018, (iii) 1 January 2019 to 31

Reply:

  1. The number of illegal foreign nationals convicted is not available as the data recorded indicates the nationality but not any determination on the legality of the foreigner’s presence in the country.

Data attached reflects cases of all foreign nationals and is only available as from 1 January 2019, per province as requested in (a) (iii) to (a) (v). The data is only until

2 September 2021 as the malware attack on the Department of Justice and Constitutional Development’s system commenced on 3 September 2021. Data is therefore not yet available since then as is still being captured and updated.

  1. The following data for the period indicated in question (a) was disaggregated to reflect the (i) murder convictions; (ii) rape convictions; and (v) drug-related convictions. These offences relate to cases in which the mentioned crimes were the main charge only and not second or further charges.

(iii) Farm attacks and murders and (b)(iv) crimes against women and children: the information kept on the system is linked to charges from which the two aforementioned crimes can not be extracted on the available data.

Due to the volume of the data, details of all convicted foreigners, murder convictions, rape convictions and drug-related convictions are attached as Annexure A.

07 January 2022 - NW2684

Profile picture: Hendricks, Mr MGE

Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

In light of the fact that certain persons (names and details furnished) have been in jail for five years and four months, having been held in detention without trial for 64 months, with the case being endlessly delayed and postponed by the State to hand over details and defending the lawfulness of the arrests, (a) what is the position of his department in holding the specified persons indefinitely behind bars, given the failure by the State to commence with a fair trial and (b) to what degree has the State seemingly allowed foreign intelligence agencies to interfere in the charges brought against the specified persons?

Reply:

  1. The accused formally applied for bail in the Johannesburg High Court on 1 October 2021, which was denied due to the fact that the accused are flight risks and because of the seriousness of the charges levelled against them. The accused are being charged with offences in terms of the Protection of Constitutional Democracy against Terrorist and Related Activities Act (POCDATARA).

The delays in the matter, after its first enrolment on the high court roll, were caused by the various interlocutory applications brought by the accused and the continuous change of legal teams by the accused and not by the State.

The breakdown below reflects the trail of court appearances since 2016 and the reasons for the matter not proceeding.

HISTORY OF APPEARANCES:

    1. The two Accused were arrested on 9 July 2016 and appeared in the Regional Court, Court 13 in Johannesburg on 11 July 2016, where-after the case was postponed until 19 July 2016.
    2. On 18 July 2016, the defence brought a request for disclosure of the case docket in preparation of a bail application.
    3. On 19 July 2016, the case was postponed to 25 July 2016 for a formal bail application.
    4. On 25 July 2016, the Accused changed counsel and a new instructing attorney, Mr. Parak took over from Mr. Shipalana. The case was postponed to 26 July 2016 for the bail application to proceed.
    5. On 26 July 2016, the defence raised the question of the lawfulness of the arrest of the accused and the case was postponed to 29 July 2016, for evidence and legal arguments in that regard.
    1. The State led viva voce evidence on 4 – 5 August 2016 and on 15 August 2016. The court ruled that the arrests of the accused in question were lawful.
    2. The defence team filed a review application in the Gauteng Local Division, Johannesburg, against the ruling of the Magistrate. The review application was removed from the Civil Court Roll due to the fact that the papers and record filed by the accused/applicants were not in order. The said review application was not pursued further thereafter.
    3. The case was then remanded to 19 August and thereafter to 25 August 2016 at the request of the Accused, in order to proceed with their bail application.
    4. On 15 August 2016, the case was remanded to continue with the bail application to 25 August 2016. The matter was then postponed to 11 October 2016, on which date the Accused abandoned their bail application and thereafter the matter was postponed on a number of occasions until 17 January 2017 for the purpose of further investigations.
    5. On 17 January 2017, the State requested that the case be remanded for further investigations but, the defence objected and the matter was remanded until 25 January 2017, for a ruling in this regard.
    6. On 25 January 2017, the Court granted the State a postponement until 25 April 2017, for further investigations and for the finalisation of the indictment.
    7. On 25 April 2017, the provisional indictment was served on the accused and the case was remanded until 15 May 2017, for the finalisation of the centralisation application in respect to Count 12.
    8. On 15 May 2017, the Accused brought an application for disclosure of the case docket and the case was remanded until 29 May 2017, for disclosure.
    9. On 28 May 2017, the State disclosed the copies of the docket, and the case was remanded until 5 July 2017, in order to receive feedback with regard to requests for Mutual Legal Assistance.
    10. On 5 July 2017, the case was remanded until 11 July 2017, for further disclosure as the defence requested digital copies of the evidence and further statements.
    11. On 27 July 2017, the case was remanded by agreement until 31 August 2017, for the centralisation certificate, which was due to be issued by the

National Director of Public Prosecutions and to obtain a date for pre-trial in the high court of the Gauteng Local Division, Johannesburg.

    1. On 31 August 2017, the case was remanded to 20 October 2017, for first appearance in the High Court, Gauteng Local Division, Johannesburg.
    2. On 20 October 2017, in the pre-trial court, the case was remanded until 27 October 2017, on request of the defence team to get instructions from the accused for applications of further disclosure and access to consult with state witnesses.
    3. On 27 October 2017, the matter was remanded until 12 December 2017, for further pre-trial.
    4. On 1 November 2017, the defence team filed a request to consult with 35 State witnesses and the State responded to this request on 16 November 2017, to the effect that the request filed constitutes an irregular step and further that there is no legal obligation on the State to respond to the request filed.
    5. On 8 December 2017, the Accused attempted to file a belated and defective application to compel the State to comply with the Accused’s requests for further particulars and persisted to consult with the witnesses as requested on 1 November 2017.
    6. On 12 December 2017, the case appeared before Her Ladyship Justice Keightely, who made the following order:
      1. That the Accused bring a fresh substantive and supplemented application to consult with the State witnesses and for further information and documentation, not contained in the docket, before January 2018.
      2. The NPA to respond by 7 February 2018.
      3. The Heads of argument to be filed by 16 February 2018.
      4. That the application to be argued on 20 and 21 February 2018.
    7. On 26 January 2018 and on 2 February 2018, the accused failed to file an application for the Constitutional challenge of the Terrorism Laws as per the timelines that the defence team set.
    8. On 12 February 2018, the accused’s instructing attorney send an email to the State indicating that they are abandoning their applications.
    1. On 20 February 2018, the accused again changed their legal team and Mr. Bodania and Adv. Khan SC appeared on behalf of the Accused. The applications were withdrawn on record and the case was remanded until 27 February 2018. The accused were ordered to pay the wasted costs of the counsel appearing on behalf of the South African Police Service.
    2. The case was remanded several times for the digital evidence and issues that the defence experienced concerning the accessibility of the digital evidence. The 3-terabyte hard drive was condensed by the State to a 6GB memory stick and a hard copy of the digital evidence that the State intends to rely on during the trial, was provided to the accused.
    3. On 5 December 2018, the case was postponed to 5 December 2018, to enable the defence to prepare a request for further particulars. During this appearance, the court indicated that if there were any legal challenges regarding the request for further particulars it would have to be adjudicated in the pre-trial court during January 2019.
    4. The case was remanded until 28 January 2019 and by agreement to 27 February 2019 and thereafter to 11 June 2019 on request of the defence team to go through and consider all the evidence. An order was made that the defence team must file any requests they might have by 4 June 2019. The defence did not file any request.
    5. On 11 June 2019, the matter was remanded until 11 September 2019, final for pre- trial. On 11 September 2019 the matter was remanded until 19 September 2019, on request of the defence to take instructions on any possible interlocutory applications they wish to bring before the case is set down for trial.
    6. On 19 September 2019, the case was remanded until 7 October 2019 and 23 October 2019, for the finalisation and authorisation of the further particulars. The State’s reply to the applicants requests for the further particulars were served on the accused on 22 November 2019.
    7. The defence requested that the matter be postponed until 27 January 2020, to serve a request for further and better particulars on the State.
    1. On 27 January 2020, the State was not served with the request but, the defence brought an application for a formal bail application, and the case was remanded 20 March 2020.
    2. On 20 March 2020, the matter was postponed due, to Covid-19 restrictions and level 5 lock down that started on 26 March 2020.The matter was set down for a formal bail application on 26 May 2020.
    3. On 26 May 2020, the matter was heard through Microsoft Teams before Her Ladyship, Justice Mohalelo. The defence team once again raised a late objection that the accused were not present and therefore the bail application could not proceed whilst they were fully aware that the accused could not be brought to court due to the Covid-19 restrictions/ regulations, which were in place at the time. Her Ladyship, Justice Mohalelo struck the bail application off the court roll and held that the matter should be re-enrolled when the matter is indeed ready to proceed.
    4. On 14 September 2020, the matter was postponed for a fresh formal bail application before a new judge on 28 September 2020. On 28 September 2020 the bail applications proceeded before His Lordship, Justice Monama.
    5. On 01 October 2020, the bail applications were denied and the case was postponed provisionally to 23 October 2020, for a directive from the Judge President for a trial date and trial judge.
    6. The case was postponed to 18 January 2021, for plea and trial, a date that was confirmed by the State and the defence team.
    7. On 18 January 2021, Advocate Barnard was not able to attend court due, to exposure to Covid-19 and the fact that she had to self-isolate for a period of 10 days. The defence indicated that they will bring an interlocutory application in relation to irregularities that occurred with the transfer of the case from the Regional Court to the High Court.
    8. On 27 January 2021, the defence team proceeded with the interlocutory application and the matter was postponed to 04 February 2021, for judgement by His Lordship, Justice Mokgoathleng.
    1. On 4 February 2021, His Lordship, Justice Mokgoathleng, dismissed the interlocutory application and the defence proceeded with an application for leave to appeal against the ruling on 05 February 2021.
    2. On 5 February 2021, the application for leave to appeal was also dismissed and the defence team indicated that they wish to file a Petition Application to the Supreme Court of Appeal. The matter was remanded until 17 January 2022. provisional for the outcome of the said application to the Supreme Court of Appeal. The application by the defence team was dismissed by the Supreme Court of Appeal on 25 November 2021.
    3. The delays in the matter, after its first inception on the high court roll, were caused by the various interlocutory applications brought by the accused and the continuous change of legal teams by the accused.
    4. The next court date is 17 January 2022.
  1. The State has charged the accused with domestic law and not with international crimes. In this regard, no foreign agency could dictate to the State on domestic law.

07 January 2022 - NW2485

Profile picture: Buthelezi, Mr EM

Buthelezi, Mr EM to ask the Minister of Public Enterprises

Whether he will furnish Mr E M Buthelezi with the relevant details of the current lack of consensus between his department and the Chief Executive Officer of Eskom on the way forward regarding Eskom’s R402 billion debt and the just transition to renewable energy; if not, what is the position in this regard; if so, (a) on what date and (b) what are the relevant details;

Reply:

According to the information received from Eskom

There is no misalignment between Eskom and the Shareholder Representative.

The solution on R 402 billion debt remains work in progress – parliament and other stakeholders will be informed of the strategy on the debt as soon as the necessary processes have been completed.

  1. A significant proportion of funding offered by the international partner group countries (the so-called USD 8.5 bn) is expected to be used for Eskom’s just transition plans. In particular, these funds will be utilised to support Eskom’s plans to repower and repurpose coal plants that are shutting down, with renewables,

battery storage and gas. This financing will not (and cannot) be used for financing the legacy coal debt. The DPE has been fully supportive of Eskom’s JET plans,

  1. including its renewable energy aspirations, and was part of the task team, coordinated by the Presidency between August-November 2021, that put together the plan accepted by the international lenders. Furthermore, to ensure alignment between the Eskom JET plans and the DPE’s JET framework, Eskom and the DPE have a regular monthly meeting between the relevant teams.
  1. Eskom’s Loss Control function was established in 1 April 2021. Management is working with the business to ensure that all possible PFMA items are registered with the Loss Control function for assessment and determination. Once a determination is completed, and if any indication of fraudulent activities is identified, only then is it referred to the Assurance and Forensic Department for investigation. However, the Assurance and Forensic environment has limited resources and is currently in the process of being capacitated to deal with the workload.

(3)(a) Eskom does not have a fully-automated record-keeping system, and as a result, records were and are, maintained manually. During our annual audit processes, there are limited audit turnaround times which are not always adhered to. However, Eskom is focusing on addressing the automation issue.

(3)(b) We acknowledge the fact that at times it takes long to finalise some matters. This is mainly due to the complexity of the matters and the shortage of internal capacity to deal with the volumes of disciplinary actions. The process to outsource some of these matters is rigid due to the governance process required by National Treasury. This notwithstanding, there has been significant progress made in addressing these matters.

07 January 2022 - NW2293

Profile picture: Clarke, Ms M

Clarke, Ms M to ask the Minister of Public Enterprises

Considering that contracts must be managed properly by suitably skilled and qualified persons to ensure that expiring contracts are identified timeously and that the appointment of contractors is done through an open market process, what (a) processes are in place at Eskom to ensure that this is done, (b)(i) total number of contractors are currently in place on Eskom’s sites and (ii) have they been appointed to do, (c) total number of expiring contracts are coming up, (d) number of the appointed contractors did not adhere to the specifications and (e)(i) measurers were put in place to deal with defaulting contracts and

Reply:

According to the information received from Eskom

(a) Eskom appoints contract managers with delegation, after contract award and upon confirmation that the individual has the necessary pre-requisite training as prescribed in the Procurement Procedure. Eskom has an approved Contract Management Competency Development Program, that is run with the Eskom Academy of Learning.

In compliance with the National Treasury regulations and other legislative prescripts, Eskom has its approved Procurement Plans which serve as the basis for monitoring expiring contracts in accordance with project plans. Monthly reports on Procurement Plans provide the status of each contract and flags contracts expiring, thus enabling the business to commence with the procurement process of replacing/placing new contracts in advance.

Guided by the Eskom Procurement and Supply chain Management procedure, various

procurement mechanisms are applied when acquiring the services of contractors depending on the nature of the service or product. The mechanisms include inter alia Open tender, Closed tender, Single/sole source, Urgent and Emergency procurement as well as Informal tendering. In instances where the confined market/tendering mechanisms (i.e. Closed tender, Sole/Single source) must be applied, approval is sought from National Treasury prior to commencement with the procurement process.

(b)(i) As at 1 November 2021 there 4547 active contracts at Eskom. Annexure A provides the number of contracts by plant code i.e. Divisional plant/operating unit/grid area.

(b)(ii)Eskom does not have readily available reports with description for each of the 4547 contracts.

However, contracts across the business will vary, for example, Eskom Distribution will mainly have electrification, operations, and maintenance, vending and asset creation contracts.

  1. Of the 4547 active contracts:
    • 537 of these contracts have an expiry date between 0 and 3 months.
    • 1094 of these contracts have an expiry date between 0 and 6 months.
    • 1920 of these contracts have an expiry date between 0 and 12 months; and
    • 2627 after 12 months.
  1. Eskom does not have consolidated records of contractors who did not adhere to the specifications. Defects are dealt with through contractual remedies in accordance with the specific contract, as explained in (e)(i) below.

(e)(i) When Eskom enters into a contractual agreement with a contractor a performance evaluation criteria forms part of the agreement, against which the contractor’s performance is measured. Should the contractor not deliver according to the agreement, the contractor is given an opportunity to correct.

Non-conformance is addressed within the provisions of the contract via the Non- Conformance Request (“NCR’s”) process. When an NCR is raised, consultations take place with the contractor and if an agreement is reached the NCR is either closed (i.e. satisfactorily rectified) or voided/withdrawn (no longer regarded as a NCR). An NCR will remain open until it is resolved or rectified. In cases where there is failure to rectify, a dispute is raised, and contractual dispute processes are followed.

(e)(ii) The names of contractors who did not adhere to the specifications will not be disclosed as the information is commercially sensitive and may compromise the resolution and rectification initiatives. Further, the confidentiality provisions of the contracts must be followed in order to release contractual information.

07 January 2022 - NW2805

Profile picture: Van Der Walt, Ms D

Van Der Walt, Ms D to ask the Minister of Police

What (a) is the total number of Family Violence, Child Protection and Sexual Offences (FCS) units in each province, (b) are the names of the police stations at which the specified FCS units are located, (c) a total number of (i) officers and (8) vehicles are allocated to each unit and (d) is the current caseload for each unit?

Reply:

(a)(b)(c)(i)(ii){d)

The number of Family Violence, Child Protection and Sexual Offences (FCS) units in each province, the names of the police stations at which the specified FCS units are located. the total number of officers and vehicles, which are allocated to each unit and the current caseload for each unit, are reflected in the tables below.

EASTERN CAPE

(a)

Total number of FCS unke In the Province: 28

No

1.

(*)

The names of the police stations

at which the specified FCS units are located

 

Serial and Electronic Crimes

Investigation (SECI) Unit

Old Griffiths Mxenge Building, Provincial Office

(<)(1

Total number

of officers at each FCS Unit

(^)l8)

Total number

of vehicles at each FCS Unit

c =°^‹••°•

a load of each

FC9 Unit(case dockets on

hand)

   

9

4

325

2.

Alice FCS

Chunqwa Police Station (Detective

8

6

393

3.

Aliwal North FCS

21 Grey Street, Aliwal North (District

OfficeS

13

401

4.

Butterworth FCS

Butterworth Msobomvu Police Station

15

7

1229

5.

Cofimvaba FGS

Coflmvaba Police Station

8

6

63

6.

Cradock FGS

oid uasonic Budding

11

8

1e3

7.

East London FCS

10

13

. 2

EASTERN CAPE

(a)

Total number of FCS units In the Province: 28

(bj (<)(i) (•)(ii) cunan* case The names of the police stations Total number load of sach at which the specified FCS unite of officers at of vehicles at FCC Unit(case

No

are located each FCS Unit each FCS Un”rt dockets on

hand)

256 Edcott Square, Oxford Street, Southern Wood

8. Elliot MCS 11 0

 

Elliot Police Station _

   

486

9.

Graff-Reinst FCS 57 Somerset Street

8

6

80

10.

Grahamstown FCS

Sassa Building

12

8

131

11.

Humansdorp FCS

38 Voortrekker Street

   

149

12.

King William’s Town FCS 28 Weir Street

18

11

537

13.

Matatiele FCS

5 Caste Sweet

7

6

370

14.

Mdantsane FCS

Shai Road NU 2, Mdantsane

18

9

519

15. Motherwell FCS 20

15

372

16. Mount Ayliff FCS 10

708

17. Mount Fletcher FCS

93

1B. Mount Frera FCS

Mount Road FCS

Neo

19.

22 Old, Grahamstown Road,

19

14

185

20.

Mqanduli FCS Mqanduli Police Station

7

 

5

 

617

21.

Mthatha FCS

Mthatha Police Station

]5

 

14

 

1374

22.

Paddie FCS

Old CIG Building

4

     

104

23.

Port Alfred”FCS 31 Masonic Street

9

     

121

 

Port St Johns FCS Lusiklsiki Police Station

14

     

1060

25.

Queenstown FCS

10 Prince Alfred Street

13

 

7

 

904

2 Zamukulungisa Street, Motherwell Mount A liff PoliCe Station

Cluster offices

Mount Frere Police Station

Chamber House

26.

27.

28.

Uitenhage FCS

2nd Floor Broadway Building, Chase Sfreel

Whittlesea FCS

10 Prince Alfred Street Willowmare FCS

41 Wehmeyer Street

9 6 345

4 267

2

"

FREE STATE

(«)

Total number of FCS units in the Province: 10

(b)

The names of the police station at which the specified FCS units are located

SECl Unit

Conner of Fountain and Aliwal Skeet, Bloemfontein Bethlehern FCS

2. Conner of Van Der Merwe and

Commissioner Street, Bethlehem Bulkontein FCS

3 Comer of Fontein and Pras Stayn Street, BuJtfontein

Ficksburg FCS

4.

3 Fountain Street. Ficksburg Koffiefontein FCS

5.

11 Hampden Street. Xoffiefontein l¢roonstad FCS

6.

36 Brand Street, Kroonstad Ladybrand FCS

  1. 37 Van Riebeck Street, Ladybrand

Mafube FCS “

  1. 33A Beckwith Street, Frankfort

North

Mangaung FCS

9. 6624 Monapi Street, Mangaung, Bk›emfontein

28

10

559

Parkroad FCS

10. 64 Charlotte Maxeke Street,

205

Bloemfontein

     
  1. Phuthadi§haba FCS
  1. Selosesha FCS
  1. Smithfield FCS

18

14

401

J4.

Thabong FCS

8005 Constantia Road, Thabong,

14

8

 

Welkom

     

15.

Trompsburg FCS

38 Christian Strauss Street,

3

160

 

Trompsburg

     

16.

Tumahofe FCS

46 Dolf Street, Parys

6

4

219

18.

19.

Vrede FCS

15 Cillfers Street, Vrede Welkom FCS

83 Jan Hofmeyer Street. Welkom

Zamdela FCS

4018 Chris Hani Street, Zamdela, Sasolburg

4

14

8

4

30

513

155

(c)(i) Total number of office at each FC9 Unit

4

10

10

4

8

6

3

(c)(ii) Total number of vehicles at each FCS Un“it

8

9

1

Currez›t case load of each FC9 Unit (case dockets on hand)

82

Z77

383

158

61

225

105

40

Old lndusklal Ares, Phuthad*ihaba 3091 Tshabang Street, Selosesha 38_H,oof_Street_Zastron _

GAUTENG

Total number of FCS units in the Province: 23

(b) (c)(i) (c)(ii) Current cace The names of the police atatiorze Total number of a load of each at which the specified FCS units offio are at each vehicle at each! FCS Unit (case

are located FCS Unit FCC Unit dockets on

No

hand)

SECI Unit

1. 178 Smit Street. Braamfontein, 21

Johannesbu łtrugersdorp FCS

2.

25

76Joubart Street, Krugersdorp

16 637 )

14 385

3. 1 Hekroodt Circłe, Meadowlands 28

Police Station Benoni FCS

, 4. 117 Harpur Avenue, Benoni Połice 20

Station

18 420

12 521 )

5. Hillbrow FCS 176 Smtt Street

32

14

533

 

13

10

420

 

Carletonvii» Fcs

6.

30 Doveton street, Westonaria Ekangala FCS

15

 

10

 

301

 

18

07

1 040

23

12

447

22

7

692

30

19

459

22

14

1752 Sectlon E, Ekangala Tembisa FCŚ

8.

10.

11.

12.

Tembisa South Police Station, 106/09 Comsr of Brian Mazibuko and Zephania Mosebenzi streets Mamelodi FCS

270 Haak Street, Waltloo Ga-Rankuwa FCS

Ga-Rankuwa Police Station FCS

814 Mosoeu Street, Katlehong Honeydew FCS

Gourvenement Street, Roodepoort

) Pretoria-Moot FCS

13.

Pretoria-Moot Police Station,

15

 

40

388

 

586 17 Avenue Rietfontein, Pretoria

       
 

Johannesburg Central FCS

       

14.

Smit Street, Braamfontein,

30

 

18

563

 

Johannesburg

       
 

Vereeniging FCS

       

15.

28 Merriman Street,

23 12

ź74

16.

Quintin Building, 28 Merriman Street, Vereeniging

41 19

463

17.

Germiston FCS

165 Meyer Street, Morkels Budding,

15 08

720

 

Germiston

   
 

Springs FCS

   

18. Springs Police Station, 5 WelgedatGh

16

09

574

Road

     

Pretoria Central FĆS

32

   

16. YX Building, 291 Bosman Street,

 

19

623

Pretoria

     

GAUTENG

Total number of FCS units in the Province 23

” ”” (d)

(b) (c)(i) (c)(il) Current case The names of the police stations Total number of load of each

at which the specified FCS units officers at each are located FCC Uiilt

vehicles at each FCS Unit (case ›

FCS Unit dockets on

and

i 20.

Temba FCS

31 16 1288

Temba Police Station

15

21.

Alexandra FCS

Alexandra Baracks, 914 3rd Street.

! Wynberg

415

FC'S "" "

Police Station, 122 Gardner Street, 8rakpan

Moroka FCS

23. Protea Glan Police Station. 1 Ndaba Street, Protea North

16

32 19

309

1262

LIMPOPO

(a)

Total number of FCS units in the Province 17

(d)

(b) (c)(i) (c)(iI) Current case

No The names of the police stations Total number Total number load of each at which the specified FCS units of officers at of vehicles at FCS Unit (case

are located each FCS Unit each FCS Unit dockets on

_ ha d _

  1. SECI Unit 4 240

Polokwane FCS, 41_Bok Street

  1. Baba -Bala FCS 3 77

Beta-Bala Police Station

3. Burgersfort FCS Burgersfort Police Station

2

     

150

 

Giyani FCS

Giyani District Offices

8

     

558

 

Groblersdal FCS

7 Hamman Street, Groblersdal

     

579

 
  1. Labouzakgomo FCS Lebowakgomo District Office
  1. Lephalale FCS Lephalale District OfFIce

13

4

     

395

160

 

Makhado FCS

68 Burgers Street, Makhado

11

8

     

371

 

Modimolle FCS

48 Vo8 Street, Modimollo

8

6

     

 

Mokopane FCS

Mokopane Detective offices

7

6

     

276

 

11. Musina FCS

Musina Police Station

4

     

85

 

Phalaborwa FCS

12. 3 Naboom Street, Phalaborwa Police Station

9

3

     

254

 
  1. Polokwane FCS

1 Bok Street, Polokwane

  1. Seshego FCS

13

""

"

518

"627