Questions and Replies

Reply:

The official is on suspension. He was suspended on 08 June 2018, the disciplinary hearing is scheduled for 28-29 June 2018.

Reply:

The Special Investigating Unit (SIU) has informed me that the allegation, as referred to by the Honourable Member, does not from part of the Schedule to Proclamation No. R. 5 of 2018 (published in Government Gazette No. 41433 of 9 February 2018) (the Proclamation). The Schedule to the Proclamation which was referred to the SIU for investigation is attached as Annexure A for ease of reference.

The allegations as set out in the Proclamation are currently being investigated by the SIU. Once the investigation is finalised, the SIU must, in terms of section of 4 of the Special Investigating Units and Special Tribunals Act, 1996 (Act 74 of 1996) (the SIU Act), report on the outcome of the investigation. Section 4 of the SIU Act further provides for interim reporting mechanisms regarding investigations in that the SIU must at least twice a year report to Parliament on investigations that were referred to the SIU.

Reply:

(aa) According to information kept by the Forensic Audit Unit (FAU), the statistics being provided are from 2005 until 2018. However, only few records for the years 2005 – 2009 could be retrieved and provided. The statistics for the year 2007 and 2010 could not be retrieved at all.

The FAU then provided the statistics for the years 2011 – 2018 with the exception of those cases that were referred to the South African Police Service (SAPS) and those that were referred to the Directorate for Priority Crime Investigation (DPCI). All the statistics for the years 2005 - 2009 were largely stated as only being referred to the SAPS.

The presentation of the statistics was done in four categories to indicate (i) successful prosecution (ii) Withdrawn and closed by either the SAPS or DPCI (iii) Feedback not being provided by (in most cases the SAPS) despite several efforts trying to contact them and (iv) Investigation is still in progress and further update was never provided.

It must be noted that there has been and still is a problem as far as the communication between the SAPS and those directorates in the Department of Justice & Constitutional Development to obtain the feedback on all the matters/cases referred to the SAPS. It appeared to be a bit effective between the DPCI and the directorates of the Department to provide feedback on the matters/cases referred to the DPCI.

The table representing the statistics of the cases referred to either the SAPS or DPCI (or both) for the years 2005 until 2018 (excluding 2007 and 2010):

Financial Year	Number of cases reported to SAPS/DPCI	South African Police Service (SAPS)	Directorate for Priority Crime Investigation (DPCI)
2005	5	(i) Three (3) successful prosecution (ii) Two (2) feedback never provided	0
2006	6	(iii) Six (6) feedback never provided	0
2008	4	0	Four (4) closed by the commercial crime
2009	5	(i) One (1) successful prosecution (iii) Four (4) feedback never provided	0
2011	3	(iv) One (1) still being investigated	Two (2) further update was never provided.
2012	3	(i) One (1) successful prosecution (ii) One (1) withdrawn (iii) One (1) feedback never provided	0
2013	8	(i) One (1) successful prosecution (iv) Five (5) investigation still in progress	Two (2) investigation still in progress
2014	15	(i) Four (4) successful prosecution (ii) One (1) withdrawn (iii) Three (3) feedback never provided (iv) One (1) investigation still in progress	Two (2) successful prosecution Two (2)withdrawn Two (2) investigation still in progress
2015	27	(i) Three (3) successful prosecution (ii) Five (5) withdrawn (iii) Seven (7) feedback never provided (iv) Ten (10) investigation still in progress	Two (2) investigation still in progress
2016	13	(i) Four (4) successful prosecution (iii) Three (3) feedback never provided (iv) Six (6) investigation still in progress	0
2017	25	(i) One (1) successful prosecution (ii) Five (5) withdrawn (iii) Two (2) feedback never provided (iv) Seven (7) investigation still in progress	One (1) successful prosecution Three (3) withdrawn Six (6) investigation still in progress
2018	16	(i) One (1) successful prosecution (ii) Two (2) withdrawn (iv) Eleven (11) investigation still in progress	Two (2) investigation still in progress

The Honourable Member should kindly note that all the category of cases that are being reflected as “investigation still in progress” on the above table, is due to unavailability of case dockets in certain instances and also the fact that the key officers could not be located within the Law Enforcement Agencies. These cases are still kept open even though they are more than three (3) years old, due to the fact that the Law Enforcement Agencies are of the view that evidence may still come to light.

(bb) The entities reporting to me have reported as follows:

A. National Prosecuting Authority: Questions (a)(i); (ii); and (b)(i) are not applicable to the NPA.

(b)(ii) The table below indicates the number of cases investigated by the Integrity Management Unit within the NPA which were referred to diferrent Agencies within the Justice Cluster since 2012.

Agency	No. of cases
SAPS	12
SCCU	1
DPP offices	3
Hawks	4
ACTT	1
IPID	1
Magistrates Commission	1

The table below indicates the number of matters referred to the Labour Unit within the NPA involving officials for dishonesty/corruption, the number of officials dismissed as well as matters that were referred by the Unit to the SAPS since 2012.

Number of disciplinary actions	Number of Officials Dismissed	Number of matters referred to the SAPS
28	20	26

(b)(iii) The table below indicates the number of officials convicted from the various Departments within the Justice Cluster. The corruption was measured only since 2011 and no data is available to include before the 2011/2012 financial years.

Financial Year	Total Convicted DoJ&CD Cluster	DoJ&CD	JUDICIARY	LASA	NPA
2011/12	9	5	1	1	2
2012/13	18	16	0	0	2
2013/14	17	16	0	0	1
2014/15	11	8	0	0	3
Grand Total	55	45	1	1	8

Since the financial year 2015/16 the reporting template of the NPA was altered without differentiating between specific Departments. Apart from NPA, information pertaining to other Departments was not measured separately. The only information that is available consists of the number of officials from the NPA convicted of corruption since 2015/16 as indicated on the table below:

FINANCIAL YEAR	NPA
2015/16	0
2016/17	3
2017/18	4
Grand Total	7

B. Legal Aid South Africa: Legal Aid SA has not referred any cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended to the (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation (DPCI) for further investigation since the Act was assented to.

C. Special Investigating Unit: The table below provides details of the SIU’s response:

ACHIEVEMENTS FROM INCEPTION TO DATE
	2005/6	2006/7	2007/8	2008/9	2009/10	2010/11	2011/12	2012/13	2013/14	2014/15	Total
Total Cases Referred	632	2 675	4 204	3 930	3 797	2 809	2 213	865	170	-	21 295
Convictions	355	2 215	3 625	3 605	3 345	2 477	2 258	855	-	-	18 735

Reply:

Department of Justice and Constitutional Development

1. (a) The total number of incidents of sexual harassment that have been reported in the Department of Justice and Constitutional Development, are as follows:

(i) In each of the past two financial years:

(aa) 2016/17                   :       Two (2) cases were reported; and

(bb) 2017/18                   :       Three (3) cases were reported.

(b) The details of each incident that took place are as follows:

(i) Regarding the two (2) cases reported in 2016/17: In one case, the incident involved negative sexual comments and in the second case, the incident involved gestures deemed as unwanted sexual advances.

(ii) Regarding the three (3) cases reported in 2017/2018: In one case, the incident involved negative sexual description of a female colleague, in the second case, the incident involved gestures deemed as unwanted sexual advances and the last case involved statements deemed sexually negative to a colleague.

2. Regarding the investigation and outcomes of each incident, I have been informed as follows:

(a) Regarding the two (2) cases which were reported in 2016/17 financial year, the two (2) cases were investigated and disciplinary hearings were conducted. In the one case, the employee was found guilty and a sanction of suspension without pay was imposed. In the other case, the matter was withdrawn by the Department as there was insufficient evidence.

(b) Regarding the three cases which were reported in 2017/18 financial year, the three (3) cases were investigated. Two cases were withdrawn, with a bilateral settlement relating to one case; the second matter was withdrawn by the Department as there was insufficient evidence and the last case is still pending finalization (not concluded).

(ii) The entities have reported as follows:

A. Legal Aid South Africa:

1. (a) Total number of sexual harassment incidents reported at Legal Aid SA is as follows:

(aa) 2016: zero (0) incidents reported to Human Resources (HR); and

(bb) 2017: one (1) incident reported to HR.

(b) The details regarding the one (1) incident reported in 2017/18 are that the incident involved gestures deemed as unwanted sexual advances.

(2) Regarding the investigation and outcomes of each incident, I have been informed as follows:

Regarding the one case which was reported in 2017/18 financial year, the grievance was thoroughly investigated. The outcome of the investigation confirmed the complaint and that there were sufficient grounds for a formal disciplinary hearing. The employee was afforded an opportunity to make representations as to why he should not be suspended, pending a disciplinary hearing. In response, the employee resigned with immediate effect from the employment of Legal Aid SA. This matter was thus closed internally.

B. National Prosecuting Authority:

1. (aa) 2016: One (1) incident of sexual harassment was reported. However, in paragraph (2) below, the NPA reported on an outcome made in 2016 of an incident that occured in a prior year (2014).

(bb) 2017: One (1) incident was reported.

2. In October 2016, an official from the Office for Witness Protection (OWP) was dismissed for sexual harassment.  While the incident took place in 2014 and was investigated and the disciplinary hearing commenced in 2015,  the appeal process was finalised in September 2016. 

Additional information for 2016:

Allegations of sexual harassment against a prosecutor were reported to Employee Relations in June 2016. The allegations were investigated and it was found that the prosecutor had a case to answer. Formal disciplinary action was recommended, however the NPA did not proceed with formal disciplinary action as the complainant formally withdrew the allegation of sexual harassment against the prosecutor on 7 October 2016. The NPA was informed by her attorney that the allegation has been formally withdrawn and a copy of the formal withdrawal of the allegation was sent to the NPA. The NPA responded to the complainant’s attorney on 14 October 2016 that in light of the formal withdrawal of the allegation against the prosecutor, the NPA will not proceed with disciplinary action against the official. 

 

2017:

The incident of sexual harassment in the Director of Public Prosecutions: Free State region was reported to Labour Relations in October 2017. The matter was investigated and it was found that a District Court Prosecutor made himself guilty of sexual harassment. The complainant reported the matter, however did not want to participate as a witness in a disciplinary hearing. Due to the fact that the complainant was unwilling to testify in the disciplinary hearing, progressive disciplinary action was taken against the offending official. He was served with a Final Written Warning on 31 January 2018. He appealed the Final Written Warning. The Appeal Authority dismissed the appeal  and the matter was finalised on 23 February 2018. 

 

C. Special Investigating Unit:

No incidents of sexual harassment were reported in the SIU in 2016 and 2017.

 

Office of the Chief Justice

1. (a) No incidents of Sexual Harassment were reported to the Human Resource office of the (i) Office of the Chief Justice, (ii) (aa) in 2016 and (bb) 2017.   

2. Not applicable.

 

Department of Correctional Services

3. (a) (i) (ii) (aa) (bb)

REGION

Incidents	2016/2017	2017/2018
Total number of cases reported	4	10
Total  number of cases concluded	1	6
Withdrawn	0	2

 

(1) (b)

2016/2017

REGION	INCIDENT	SUMMARY OF DETAILON EACH INCIDENT
Free State & Northern Cape	Sexual Harassment	(2016/2017) Nil
Eastern Cape (EC)	Sexual Harrassment East London Maximum	Alleged perpertrator sent a nude picture of an elderly couple by cell-phone to the Area Commissioner during working hours. Matter was investigated and the decision on 2016-11-14 was to charge the official with sexual harassment. The hearing was concluded on 2016.12.15 and he was sanctioned to suspension without pay for one month.
Kwa-Zulu Natal (KZN)	Sexual Harassment	Nil
Limpopo, Mpumalanga, Northern West (LMN)	Sexual Harassment Barberton	Two female officials alleged that the “ perpetrator” touched them inappropriately. One complainant withdrew the matter in 2017. The case was reported on 12 September 2016 and after two disciplinary sittings case was withdrawn on 28 April 2017. The other allegation was investigated and alleged perpetrator was acquitted in 2017.
Gauteng	Sexual Harassment	Nil
Western Cape	Sexual Harassment Southern Cape	An allegation of sexual harassment against an offender was reported. The investigation did not recommended a disciplinary hearing.

 

2017/2018

REGION	INCIDENT	SUMMARY OF DETAIL ON EACH INCIDENT
FC & NC	Sexual Harassment	The alleged perpetrator touched the private parts of an offender. The matter was investigated and the official was formally charge with misconduct. Disciplinary hearing is to follow
EC	Sexual Harassment	Nil
KZN	Sexual Harassment Durban Westville Medium A   Area Commissioner`s Office	The complainant submitted a statement withdrawing the matter formlly without prejudice. The matter was then regarded a finalized in April 2018   Complainant made an allegation of unwelcome verbal advances against the perpetrator in January 2018. Final written warning was recommended but alleged perpetrator refused to accept the sanction. The official will undergo a discipline hearing in June 2018
LMN	Sexual Harassment	The official (Social worker ) alleged that the alleged perpetrator touched her inappropriately. The matter has not been concluded yet. Mediation has nont been finalized.
Gauteng	Sexual Harassment	Nil
WC	Sexual Harassment   Drakenstein, Goodwood, South Cape	Three from Drakenstein. Breakdown as follows: One- unwelcome touch and two unwelcome remarks.   Goodwood: one unwelcome remarks, touch and lies about sexual life of the complainant.

 

4. Yes, all the incidents were investigated. Outcomes/ sanctions are depicted in the table below:

Incident	201/2017	2017/2018
Sanctions	1	5
Corrective Counselling	0	2
Final Written Warning	0	0
Suspension Without Salary	1	1
Dismissal	0	1
Acquittal	0	1
Other	3 (pending) Carried over to 2017	3 (pending) 2 disciplinary hearing and 1 mediation to be concluded

Reply:

(a)(b)(i)(ii)

According to the financial records and system of the Department of Justice and Constitutional Development, no transfer payments were made to the South African Police Services for the past ten (10) financial years and from 1 April 2018 to date.

(a)(b)(i)(ii)

The Department of Correctional Services did not transfer any funds to the Department of Police during the past 10 years.

Reply:

Abbreviations:

NO – National Office

EC - Eastern Cape

WC - Western Cape

GP - Gauteng

NW- North-West

KZN- KwaZulu-Natal

NC- Northern Cape

FS- Free State

MP - Mpumalanga

LP- Limpopo

1. (a) NUMBER OF ACCIDENTS:

YEAR	NO	EC	WC	GP	NW	KZN	NC	FS	MP	LP	Total
2015/2016	7	0	0	6	20	15	16	3	11	86	164
2016/2017	4	24	1	13	23	39	18	3	15	75	215
2017/2018	4	28	3	8	4	16	19	0	8	36	126
2018/2019	0	1	1	0	1	2	2	0	3	3	13
Total	15	53	5	27	48	72	55	6	37	200

(1) (b) COST FOR REPAIRS IN EACH CASE:

Part 1:

YEAR	NO	EC	WC	GP	NW
2015/2016	R 84 377,71	0	0	R97,514,55	R 538 786,29
2016/2017	R68 239,73	R 310 094,24	R2 401.06	R88,171.55	R 526 424,47
2017/2018	R 44 119,15	R 359 350,74	R2 800.00	0	R 478 135,38
2018/2019	0	R 6 885,61	R6 949.15	R42,483.14	R 103 094,31
Total	R196 736.59	R676 330.59	R12 150.21	R228 169,24	R 1 646 440,45

Part 2:

YEAR	KZN	NC	FS	MP	LP
2015/2016	R 186 067.16	R 202 396,00	R146 467.28	R170 678.36	R 592.044.59
2016/2017	R631 248.48	R 362 463,20	R35 219.83	R156 729.81	R651.592.41
2017/2018	R187 683.76	R 116 136,28	0	R 129 378.97	R199.631.75
2018/2019	R3 392.50	0	0	R 88 714.45	R 7382.20
Total	R 820 708,14	R 680 995,48	R 181 687,11	R 545 501,59	R 1 450 650,95

1(c) (i) NUMBER OF VEHICLES WRITTEN OFF

YEAR	NO	EC	WC	GP	NW	KZN	NC	FS	MP	LP	Total
2015/2016	0	0	0	0	0	2	4	0	2	4	12
2016/2017	1	2	0	0	0	6	0	0	1	0	10
2017/2018	1	4	0	0	0	2	0	0	0	0	7
2018/2019	0	0	0	0	0	1	0	0	1	0	2
TOTAL	2	6	0	0	0	11	4	0	4	4	31

(ii) Reasons: In all instances it was uneconomical to repair the vehicles and as such the vehicle was written off.

2. No. The Department does not have any tracking devices installed in the Departmentally Owned Vehicles, due to cost containment measures implemented by National Treasury and budget constraints within the department.

Office of the Chief Justice

1. The responses to question 1 are presented in the table below:

	(a)(i) and (ii) Number of accidents per year	(b) Cost for repairs in each case	(c) (i) Number of vehicles written off	(c) (ii) Reasons for vehicles written off
2015/16
	Vehicles were still under the control of Department of Justice and Constitutional Development at the time during this period. The information will be provided by the Department of Justice and Constitutional Development.
2016/17
	Two (02) accidents reported for the year:   Polokwane High Court: R 3 434.04 Free State High Court: R67 756.87	R71 190.91	No vehicles were written off.	Not applicable.
2017/18
	Four (04) accidents reported for the year: Port Elizabeth High Court: R22 980.30 Bisho High Court: R23 969.47 Constitutional Court: R16 232.12 North West High Court: R25 353.38	R88 535.27	No vehicles were written off.	Not applicable.
2018/19
	Two (02) accidents reported for the year to date North West High Court: R36 266.83 Free State High Court: R 5 468.78	R41 735.61	No vehicles were written off.	Not applicable.

2. None of the Office of the Chief Justice’s vehicles have tracking devices installed.

Reply:

1. No, the stated Judge is no longer serving as a Judge of the Gauteng Division of the High Court.

2. The Judge was discharged from active service in August 2015 in terms of section 3(2)(a) of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001) after completing 15 years and having attained the age of 70 on 11 February 2015.

3. The Judge was not well at the time of his retirement but his discharge from active service was due to the attainment of the retirement age of 70 years and completion of 15 years active service as prescribed in section 3 and 4 of the Judges’ Remuneration and Conditions of Employment Act, 2001.

The questions relating to (b) and (c) can only be answered by the Judge medical practitioner.

4. In view of the fact that the judicial authority is vested in the courts that are independent, I would suggest that the Honourable Member approach the Chief Justice regarding the work and judgments of the judge.

Reply:

1. Neither the Department of Justice and Constitutional Development and the Office of Chief Justice nor related entities such as the National Prosecuting Authority, and Special Investigating Unit own any land. All immovable assets belonging to the State resort under the custodianship of the national Department of Public Works, and is governed by the Government Immovable Asset Management Act, 2007 (Act No 19 of 2007) and the State Land Disposal Act, 1961 (Act No 48 of 1961).

However, I have been informed that Legal Aid South Africa does not own any vacant and unused land but owns seven (7) pieces of land where there are properties that are used as local offices as per my reply to question 988.

2. Falls away.

1. The Department of Correctional Services and the entities does not own any land. All the land and buildings that the department and these entities are using belongs to the National Department of Public Works, as the custodian of all state immovable assets.
2. (a) (b) (i) and (ii) falls away

Reply:

b) I have been informed that the Department of Justice and Constitutional Development has not conducted general lifestyle audits in relation to senior management. We have limited our policies and procedures to vetting processes and identification of risk, based on declarations of interest.

In terms of statistics relating to incidents of fraud and corruption, it seems that the risk exposure to the Department is not at senior management level but rather at middle management and lower levels and in specific in specialised environments.

The Department is in the process of reviewing its fraud and anti-corruption strategy and will consider such for inclusion in these specific environments.

c) The entities have reported as follows:

(i) National Prosecuting Authority: No lifestyle audits have been conducted in the NPA in the past three (3) financial years. Currently, there are no plans in place to conduct lifestyle audits.

(ii) Legal Aid South Africa: No, the Chief Executive Officer of Legal Aid South Africa as the executive head has not been subjected to a lifestyle audit for the past three (3) years.

However, the Internal Audit Department of Legal Aid South Africa conducted lifestyle audits for the past three financial years based on an assessment of potential risks from employees who are in direct interaction with clients or are handling financial transactions of the organization. The audits cover the following categories of staff, namely: Legal Practitioners; Paralegals and Administration Managers. In the 2018/19 financial year, a lifestyle audit is planned of all persons involved in procurement at national and provincial level, and will include members of the Bid Adjudication Committee and Bid Evaluation Committee.

(iii) Special Investigating Unit: Prior to the appointment of the Head of the Special Investigating Unit, Advocate JL Mothibi was subjected to a Vetting Process by the State Security Agency before he resumed his duty on the 1 May 2016.

Reply:

The docket Clanwilliam CAS 114/05/2015 and supporting documents have been received and studied by advocates from my office. The documents indicate that there were three similar accidents, two of which were fatal. Queries were directed to the investigation officer to obtain further information, in the form of dockets and/or inquests, regarding these other accidents so that a final decision may be made upon consideration of all the relevant evidence.

I am awaiting the completion of these further investigations.

Reply:

(i) (a) The Department of Justice and Constitutional Development has contracted one

(1) consulting firm.

(b) (i) The name of the consulting firm is Enterprises University of Pretoria (Pty) Ltd.

(ii) The appointment of a suitably qualified service provider to conduct research

on the impact of the Child Justice Act, 2008 (Act 75 of 2008) since its implementation commencing on 01 April 2010 until 31 March 2017 for a period of nine (9) months.

(iii)(aa) 1 February 2018

(bb) Nine (9) months

(cc) R2 757 888.00

(dd) Ms L Surjbally, Director: Supply Chain Management signed off the contract on behalf of the Department, whereas Emar de Wet signed on

behalf of the service provider.

(ii) The National Prosecuting Authority (NPA), Legal Aid South Africa and Special Investigating Unit has informed me as follows:

a) The NPA has no consulting firms contracted.

b) Legal Aid South Africa is contracted to 27 consultants during the 2017/18 financial year with a monetary value of R24,38 million. This includes short-term insurance brokerage services and premiums of R19 million. All consultants were approved by the Accounting Officer.

SCHEDULE OF CONSULTANTS ENGAGED DURING 2017/2018 FINANCIAL YEAR
NAME OF AUTHORISER:	Vidhu Vedalankar	POSITION OF AUTHORISER:	CEO
Period	No.	Name of Consultant	Description of Service	Contract term	Contract Amount
Quarter 1	1	Dumani Architects	Architectural Services: Space planning and refurbishment - Middelburg Office	Once off - April 2017	R 27,930.00
	2	North West University	Training - Paralegal Community Empowerment	Once off - May 2017	R 120,000.00
	3	Informed Services	Training - Sexual Offences	Once off - May 2017	R 258,660.00
	4	Forensic Ballistic Services	Training - Ballistics	Once off - May 2017	R 152,250.00
	5	LEAD	Training - High Court Litigation	Once off - May 2017	R 248,178.00
	6	IFIS (Independent Fingerprint Information Systems (Pty) Ltd	Training - Fingerprints	Once off - May 2017	R 145,008.00
	7	Adv David Themba Skosana Adv Makhosi Gwala	Legal Opinion for Board	Once off - June 2017	R 307,914.00
Quarter 2	8	Syspro (Pty) Ltd	Training - Syspro Technical	Once off - August 2017	R 20,292.00
	9	Dumani Architects	Space Planning Design for Krugersdorp Office	Once off - August 2017	R 39,900.00
	10	Tsebo Real Asset Management & Risk Solutions	Valuation of property - premises for Krugersdorp Office	Once off - August 2017	R 4,389.00
	11	Life Line	Employee Assistance Programme Intervention 2017/2018	Once off - August 2017	R 298,228.00
	12	Execuprime Holdings	Education, Training & Development Interventions - National Office	Once off - August 2017	R 270,000.00
	13	Epi-use Africa (Pty) Ltd	SAP Support Services	2017/2018	R 259,749.00
				2018/2019	R 460,868.94
				2019/2020	R 488,521.04
				2020/2021	R 208,467.10
	14	DNA Project	Training - DNA Evidence	Once off - September 2017	R 192,500.00
	15	Civil Drafting (Pty) Ltd	Space Planning Design for Witbank Office	Once off - September 2017	R 94,620.00
Quarter 3	16	The Skills Clinic (Pty) Ltd	Training - Time Management	Once off - October 2017	R 4,389.00
	17	TAT i-Chain (Pty) Ltd	Fixed Assets Scanner Support	Once off - October 2017	R 141,382.80
	18	Corporate Healthy	Health Risk Assessment	Once off - October 2017	R 271,130.00
	19	Qubique Consulting	Quantity Surveyors - bill of materials for Benoni Office	Once off - November 2017	R 139,620.00
	20	Forctis Valuers (Pty) Ltd	Valuation of property - Port Elizabeth Office	Once off - December 2017	R 3,500.00
Quarter 4	21	Marsh (Pty) Ltd	Insurance Brokerage Services (includes premiums)	2018/2019	R 6,424,127.00
				2019/2020	R 6,424,127.00
				2020/2021	R 6,424,127.00
	22	Forensic Ballistic Services	Training - Ballistic Evidence	March 2018	R 70,740.00
	23	DNA Project	Training - DNA Evidence	March 2018	R 211,750.00
	24	IFIS (Independent Fingerprint Information Systems (Pty) Ltd	Training - Fingerprints	March 2018	R 72,504.00
	25	North West University Potchefstroom Campus Law Clinic	Training - Paralegal Community Empowerment	March 2018	R 60,000.00
	26	Informed Services	Training - Sexual Offences	March 2018	R 136,041.00
	27	Plus 94	National Internal Omnibus Engagement Survey	March 2018	R 400,000.00
Full Year		Total			R 24,380,912.88

1. The table below provides information submitted by the Special Investigating Unit:

(a)	(a)(i)	(ii)	(iii)(aa)		(bb)	(cc)	(dd)	(dd)
Item No.	Consulting firms/companies Name	Description of Services	Start Date	End Date	Duration	Amount	SIU’s Signatory (as per SIU Delegation of Authority, Contract, or Appointment Letter)	Consultant’s Signatory
1	Deloitte Consulting Service	Review of Organizational Structure	01 June 2017	31 May 2018	7 months (extended by 4 months)	R9 132 314.72	Adv. L.J Mothibi Head of the Unit (Contract)	Jaco van Niekerk
2	Nexia-SAB&T	Internal Audit Service	01 April 2018	31 March 2020	24 months	R1 634 512.16	Adv. L.J Mothibi Head of the Unit (Contract)	Naeem Hassim
3	Charles Consulting	Quantity Surveyor	02 March 2018	31 June 2018	4 months	R191 520.00	Ms. Sylvia Mkhize Acting SCM Manager (Appointment letter)	Serica Sanchia Charles
5	Strategix IT Solutions	Navision consulting service	01 April 2018	28 March 2021	36 months	R391 000.00	Mr. Andre Gernandt Chief Financial Officer (Appointment letter)	Conrad Gildenhuys
6	Sage VIP	Consultancy service for VIP payroll system	15 December 2017	15 July 2018	7 months	R251 955.96	Adv. L.J Mothibi Head of the Unit (Appointment letter)	Kavir Kissun

Reply:

(1) (a) The nature of the Settlement Agreement is to address the outstanding matters connected with the Correctional Officials Occupational Specific Dispensation (OSD) 2nd Phase experience recognition for the production salary levels 03 to 08 that emanated from General Public Services Bargaining Council (GPSSBC) Resolution 2 of 2009.

(b) The collective agreement allows for a multi-year implementation of back pay amounts. The Department has already paid 17% of the back pay amount owed to fourteen thousand two hundred and ninety (14290) qualifying correctional officials, and 6% back amounts to twelve thousand three hundred and sixty five (12365) qualifying correctional officials respectively. With regard to the six thousand three hundred and six (6306) qualifying correctional officials who terminated services, the Department has initiated an audit to determine the debt owed to them in relation to the OSD Departmental Bargaining Chamber settlement agreement. To date a total of three thousand two hundred and seven cases (3207) have been audited and submitted for payment. The agreed 4% payments which are due in the 2018/2019 financial year for both serving and terminated officials are scheduled for payment during the 2nd quarter starting July 2018 of the current financial year.

(2) (a):

(i) The 17% owed to qualify officials plus 6% of the staggered payment have been paid.

(ii) 4% payments are scheduled to be made to serving officials during the 2nd quarter of the current financial year (2018/2019)

27% (17% + 6%+ 4%) payments are scheduled to be made to ex officials during the 2nd quarter of the current financial year (2018/2019)

(2) (b):

(i) The 17% payments were made during June 2017 and October 2017.

6% payments were made during February 2018.

4% to serving officials as well as 27% to ex-officials are scheduled to be paid during the 2nd quarter of the current financial year (2018/2019).

(ii) R57, 463 574.00 already paid to serving officials.

An estimated amount of R71 million is to be paid to both serving and ex-officials (4% for serving officials and 27% to ex-officials back log).

(3) (a) as agreed in the Settlement Agreement it is expected to conclude this matter not later than 31st March 2020.

(b) Utilization of a task team to oversee payments centrally on a continuous basis and assist/ guide regions with all relevant administrative processes to conclude the remaining 3% payments in the 2019/2020 financial year.

Reply:

1. I wish to request the Honourable Member of Parliament to please clarify what specific information, the MP requires in this regard. The Office of the Chief State Law Adviser provides legal opinions to the National Executive and National Departments, as to the constitutionality and legality of draft Bills and international legal agreements. The Offices of the various State Attorneys act as Attorney of Record for the National Executive as well as National Government Departments.

If the terminology of “state legal advisors” is interpreted as “state attorney”, I am further informed that if the interpretation of the question is to mean “where the state attorney settled the matter without a power of attorney from the client Department”, that the Offices of the State Attorney do not keep such detailed statistics as these matters are kept in general with the statistics of settled matters. If the information is to be sought now, the Office of the Acting Chief Litigation Officer would have to request the various State Attorneys’ Offices to search their files individually as far back as 2010, which would mean an enormous amount of human resources and time would have to be expended in the search, as some of the files have already been closed and archived.

2. (a) (i) I am informed that the Department of Justice and Constitutional Development (DoJ&CD) does not have a readily available database from 2010 until the current financial year in respect to the number of cases settled by the DoJ&CD. However, the information on the amounts claimed and settled is provided in Table B below.

(ii) Table A below provides details of the total number of cases that were settled for each provincial department during the 2015/16, 2016/17 and 2017/18 financial years:

TABLE A: Number of cases settled: Provincial Departments

Province	2015/16	2016/17	2017/18
Eastern Cape	62	36	11
Free State	42	28	5
Gauteng	342	251	105
Kwa-Zulu Natal	386	412	119
Limpopo	27	14	7
Northern Cape	2	3	1
North West	28	15	4
Western Cape	80	28	2
Grand Total	969	787	254

(b) Tables C below provide details of the total amounts settled for each provincial department.

(i) TABLE B: Total amount claimed and finalised by the DoJ&CD during the 2014/15, 2015/16 and 2016/17 financial years

2014/15	2015/16	2016/17
Amount Claimed	Amount Finalised	Amount Claimed	Amount Finalised	Amount Claimed	Amount Finalised
R 3 647 779 462	R 3 698 400	R 6 987 912 594	R 1 072 417	R 7 077 064 221	R 4 622 146

(ii) TABLE C: Total amounts settled: Provincial Departments for the 2015/16, 2016/17 and 2017/18 financial years

Province	2015/16	2016/17	2017/18
Eastern Cape	R 31 862 260	R 62 168 730	R 92 646 921
Free State	R 1 734 752	R 3 711 829	R 236 593
Gauteng	R 337 926 657	R 58 104 197	R 86 649 443
Kwa-Zulu Natal	R 27 295 033	R 195 124 853	R 169 469 778
Limpopo	R 6 529 173	R 1 357 058	R 235 325
Northern Cape	R 17 264	R 234 900	R 120 000
North West	R 24 149 652	R 25 157 373	R 6 071 163
Western Cape	R 24 235 753	R 1 495 369	R 12 500 000
Grand Total	R 453 750 543	R 347 354 311	R 367 929 223

Note:

The Province of Mpumalanga does not have a State Attorney’s Office. The Provincial Government of Mpumalanga is assisted by the State Attorney Office in Pretoria.

Reply:

a) One consulting firm

b) (i) Enterprises University of Pretoria (Pty) Ltd

b) (ii) Appointment of a suitably qualified service provider to conduct research on the impact of the child justice act, 2008 (Act 75 of 2008) since its implementation commencing on 01 April 2010 until 31 March 2017 for a period of nine (9) months.

b)(iii)(aa) 1 February 2018

b)(iii)(bb) Nine months (9)

b)(iii)(cc) R2 757 888.00

b)(iii)(dd) On behalf of the department, Director : SCM, Ms L Surjbally and behalf of the service provider, Emar de Wet.

2. The National Prosecuting Authority has no consulting firms contracted.

3. The Office of the Chief Justice does not have any consulting firm or company contracted to render services.

Reply:

1. I have been advised that the Judge was appointed as the Chairperson of the Interim Board of the Passenger Rail Agency of South Africa (PRASA) in October 2017 prior to her appointment by the then President of the Republic of South Africa as a Judge of the Gauteng Division of the High Court. Her appointment as a Judge was effective from 01 January 2018 but due to her position as the Chairperson of the Interim Board of PRASA, the Judge did not assume her position as a Judge of the Gauteng Division of the High Court. She requested the Judge President of the Gauteng Division of the High Court, to request me to approach the President with a request that her appointment date be deferred to 1 April 2018. Whilst she was the Chairperson of the Interim Board of PRASA, the Judge never sat nor carried any judicial functions. I have been informed that she has subsequently resigned as Chairperson of the Interim PRASA Board with effect from 16 March 2018.

2. It is not within my purview to determine whether a conduct of a Judge constitutes a breach of the Code of Judicial Conduct. The responsibility to determine whether a Judge has committed a breach of the Code of Judicial Conduct is vested upon the Judicial Conduct Committee established in terms of section 8 of the Judicial Service Commission Act, 1994 (Act no 9 of 1994) (JSC Act). Additionally, Article 2 of that Code of Judicial Conduct is clear as it provides that ‘any wilful or gross negligent breach of the Code is a ground upon which a complaint against a Judge may be lodged in terms of section 14(4)(b) of the JSC Act’. This simply means that if any determination has to be made about the conduct of the Judge, a complaint that complies with the provisions of section 14 of the JSC Act, must first be lodged with the Judicial Conduct Committee setting out the grounds upon which the complaint is based. There is currently no complaint lodged with the Judicial Conduct Committee about Judge’s conduct.

Reply:

1. Yes. The table below provides details of legal costs in respect to cases in which the former President of South Africa, was involved in since 2009:

File Reference Number	Case Number	Number of Legal Representatives/Advocates	Status of the Case	Amount	Individual Years
7313/16/Z75	79808/2016; 91139/2006	Three (3) Advocates	Client's instruction pending possible appeal	R 2 530 135.52	2006 2016
2751/17/Z75	24396/17 & SCA 664/2017	Three (3) Advocates	Appeal pending	R 1 247 617.82	2017
6043 & 6041/15/Z75	CCT143/15	Five (5) Advocates	Finalized	R 3 196 492.91	2015
5076 & 8286/15/Z14	62470/15 & 93043/15	Two (2) Advocates	Appeal pending	R 1 965 705.29	2015
0184/06/Z1 & 2295/09/Z65	CCT92/07; 13569/06; 14116/05; CCT91/07 & 19577/09 & SCA836/13	One (1) Private Attorney	Finalized	R 15 300 250.00	2007 2006 2007 2009 2013
TOTAL	R 24 240 201.54

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD) does not own any land or property. However it uses state owned properties that are under the custodianship of the National Department of Public Works.

In the effort of executing its mandate of administration of justice, the DoJ&CD’s Courts make use of physical assets in the form of courts and office buildings. The Department is accommodated in 672 state-owned properties and is leasing only 120 buildings mainly offices throughout the country. In an effort to strike a balance, the composition of the Departments portfolio lies within an acceptable ratio of 80% state owned and 20% leased building.

b) The entities reporting to me have reported as follows:

(i) LEGAL AID SOUTH AFRICA:

Legal Aid SA owns seven (7) pieces of land per the table below. All properties are used for as Legal Aid SA’s local offices.

No.	Local Office	Physical Address	ERF M2	Building M2	Usage
Gauteng Province
1.	National Office	ERF 4410 29 de Beer Street Braamfontein	1,490	8,289	Used as Legal Aid SA’s National Office
2.	Krugersdorp	ERF 1737 51 Burger Street Krugersdorp, Mogale City Gauteng 1740	495	1,298	Krugersdorp local office (Refurbishment in progress and will be occupied on 01 June 2018)
3.	Benoni	ERF 884 18 Howard Avenue Benoni 1501	595	1,696	Benoni local office. (Refurbishment will commence on 01 June 2018 and will be occupied on 01 October 2018)
North-West Province
4.	Litchenburg	ERF 1956 25 Bantjies Street Litchenburg 2740	1,086	258	Lichtenburg local office
	Free State Province
5.	Welkom	Archiquant Building 8 Heerent Street Welkom 9460	373	1,073	Welkom local office
Mpumalanga Province
6.	Middleburg	ERF 408 Middleburg Township Tshwete Local Municipality 1050	996	616	Middelburg local office
7.	Witbank	ERF 109 17 Botha Street, Witbank Mpumalanga Province 1035	2,231	1,548	Witbank local office

N.B: The Polokwane and Mitchells Plain Offices operate directly from court buildings maintained by the State.

The Nelspruit Office will in the near future operate from a state owned court building.

(ii) SPECIAL INVESTIGATING UNIT

The Special Investigating Unit does not rent or/and have any exclusive rights on any State owned land.

Reply:

a) From 1 January 2018 to 27 March 2018, there are 487 convictions recorded in the National Register for Sex Offenders (NRSO). However, to date, the total number of convictions recorded in the NRSO is 28 670.

b) The number of convictions recorded from 1 January 2018 to 27 March 2018 have been properly evaluated according to the required standards. The Department is in the process of reviewing all cases that were pending prior to 1 January 2018 at the Office of the Registrar to confirm the final court order.

As part of the review, the Department has also finalised the development of the new NRSO electronic system which will, upon implementation, lead to the achievement of the following functions:

1. Ability to issue Vetting & Removal Certificates;
2. Ability to scan the document’s Mandatory Fields Required from inception of processes;
3. Ability to communicate more effectively via the system between the office of the National Registrar for Sex Offenders and the courts;
4. Secure more reliable data synchronized with stakeholder Departments and stay in Sync via an integrated solution; and
5. Allow easier tracking of cases/applications.

c) At national office, there are six (6) officials currently allocated for the maintenance of the NRSO, namely: one (1) Registrar; one (1) Senior State Law Advisor, one (1) Assistant Director and three (3) Data Capturers.

d) None of the provincial education departments requested access from the NRSO in the past two years for the purposes of vetting educators before employment.

It is also important to note that the information on the Register can only be accessed by way of application in writing by the following category of persons:

1. Employers;
2. A relevant Authority in terms of section 48(1) of the Act;
3. An employee in respect of her own particulars;
4. A person applying for a license or approval to manage or operate any entity -section 47(2) of the Act;
5. A person applying to become a foster parent – section 48 (2); and
6. Any person applying in respect of his or her own particulars.

Should any provincial education department wish to ascertain whether or not the name of any teacher appear in the NRSO, it must apply in writing to the Registrar of the National Register for Sex Offenders for the prescribed certificate.

.

Reply:

The (Inquest) Magistrate of the Magistrates Court, George has advised that she is engaged in perusing the inquest papers and will decide how the matter will proceed in due course

Reply:

1. Section 8 of the Superior Courts Act, 2013 (Act No. 10 of 2013) accords the Chief Justice certain powers with regard to the performance of judicial functions, and these powers flow directly from the constitutional reforms brought about by the Constitution Seventeenth Amendment passed by this august House in 2012 section 165(6) of which provides, and I quote:

“165(6) The Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts.” (Close quote)

In exercising the powers conferred under the Constitution the Chief Justice is authorised by section 8 of the Superior Courts Act to issue written protocols or directives, or give guidance or advice, to judicial officers, among others, regarding any matter affecting the dignity, accessibility, effectiveness, efficiency or functioning of the courts.

The issue of language is not only an emotive have regard to our history where English and Afrikaans were the only languages that enjoyed official recognition and status, but is also an access issue which I believe would fall under the ambit of section 8 of the Superior Courts Act.

2. The Chief Justice informed me of the decision of the Heads of Court regarding this matter during my meeting with Heads of Court which was held on the same day that the Chief Justice made a public pronouncement on the matter, namely, 29 September 2017.

3. The Constitution is very clear on the matter of languages. Not only does 6 gives accords equal status to all official languages, but also enjoins the Pan South African Language Board (PANSALB) in particular to take measures to promote the development of our indigenous African languages.

It is important to put the pronouncement by the Chief Justice in the proper context. This pronouncement does not imply that Afrikaans and other languages will disappear from the courts’ radar. Any person is free to present his or her case in any of official language that he or she understand in which case interpretation is provided if the language happens to be any language other than English. What is conveyed is that the transcript of the record will, for practical reasons be in English.

4. As I have already indicated, the pronouncement of the decision of the Heads of Court was made at the meetings of Heads of Court and the Judicial Service Commission of September and October respectively. The Chief Justice is not required to inform the Department of such decisions.

5. From our records the decision or directive pertaining to the issue has not been published in the Government Gazette. I am aware that there are discussions underway regarding the implementation of the decision at the various courts. I am aware, for example of the directive issued by Judge President Hlophe of the Western Cape Division which I believe is a subject of discussion at the Provincial Efficiency Enhancement Committee convened by the Judge President of Division in a province. These on-going discussion relate to the capacity to implement the decision. If this is a kind of decision or directive that must be published in the Gazette it would be ideal to do so after careful consideration and taking into account the capacity of our interpretation services.

Reply:

I have been informed by Public Protector that a letter to the National Assembly has been sent to the Speaker advising that Members of Parliament questions should be directly sent to the Office of the Public Protector ([email protected]).

Reply:

I have been informed by Public Protector that a letter to the National Assembly has been sent to the Speaker advising that Members of Parliament questions should be directly sent to the Office of the Public Protector ([email protected]).

Reply:

I have been informed by Public Protector that a letter to the National Assembly has been sent to the Speaker advising that Members of Parliament questions should be directly sent to the Office of the Public Protector ([email protected]).

Reply:

I have been informed by Public Protector that a letter to the National Assembly has been sent to the Speaker advising that Members of Parliament questions should be directly sent to the Office of the Public Protector ([email protected]).

Reply:

The Honorable Member is informed that the State Attorneys did not represent the State at the Life Esidimeni Arbitration hearings. The Gauteng Provincial Department of Health was represented by Werksman’s Attorneys.

The State Attorneys were involved to a limited extent in appointing the evidence leaders to assist the arbitrator.

Reply:

(a) (i) (ii) (b) (i)-(v) The Ministerial Handbook provides guidelines on the appointment of the staff in the Private Office. It equally provides the recommended salary levels of each post. The salary levels are adjusted on an annual basis as prescribed in the Public Service Regulations.

The Office of the Minister has a full staff complement as defined in the Ministerial Handbook. In line with the Protection of Personal Information Act (PoPi) and the Basic Conditions of Employment Act am unable to provide the members with such confidential information in the manner it is requested.

I however draw the honourable members to the department’s Annual Report wherein the organogram of the department provides the information required. Should it be insufficient, the department will make the personal files of the officials available for further scrutiny by the Auditor General as prescribed by the Act.

Reply:

1. I have been informed that the information on the number of cases between state legal advisors acting as representatives of the State on all three levels of government and the public is with the client departments’ legal services, both in relation to (a) settlement and (b) bringing into question without sufficient power of attorney.
2. (a) (i) Table A below provides details of cases that were settled in the Department of Justice and Constitutional Development (DoJ&CD) and the total amount for each year for the 2015/16, 2016/17 and 2017/18 financial years:

Department	Total number cases settled
	2015/16	2016/17	2017/18
Offices of the State Attorneys	969	787	254

(ii) I have further been informed that the DoJ&CD does not have information from 2010 but only has information from the 2015/16 financial year, neither is information available for provincial Departments.

 

(b) Table B below provides details of the total amount claimed and finalised by the Department of Justice and Constitutional Development for each year for the 2015/16, 2016/17 and 2017/18 financial years:

Department	Total amount claimed	Total amount finalised
	2015/16	2016/17	2017/18	2015/16	2016/17	2017/18
Offices of the State Attorneys	R1 330 597 548	R815 767 876	R933 244 039	R453 750 543	R347 354 311	R367 929 223

Reply:

(a) and (b) I have been informed that neither the Department of Justice and Constitutional Development (DoJ&CD) nor each entity reporting to the DoJ&CD (Legal Aid South Africa, National Prosecuting Authority and Special Investigating Unit) have spent any amount of money on the promotion or celebration of the Year of O R Tambo on any of the listed media platforms since 1 January 2017.

Neither, the office of the Chief Justice spends any money on the promotion or celebration of the Year of O R Tambo.

Reply:

a) It is unclear what is meant by “trust funds”. The Branch Masters, within the Department of Justice and Constitutional Development, administer the registration of “trusts” in terms of Trust Property Control Act 57 of 1988, which legislation does not cover trusts funds. Accordingly, the Department of Justice and Constitutional Development will not know the number of “trust funds” registered for the period referred to in the questions.

b) – (e) Responses to these questions, which were depended on question (a) above, is that the Department of Justice and Constitutional Development has no information requested because of answer in (a) hereinabove.

Reply:

I wish to inform the Honourable Member that female genital mutilation is currently not defined in terms of the South African common or statutory law as a criminal offence.

The Department of Justice and Constitutional Development, as well as the National Prosecuting Authority therefore do not have any such charges and convictions on its statistical databases. An accused person may however, be criminally charged with an offence, for example, of assault with the intent to cause grievous bodily harm, if female genital mutilation was inflicted. Such cases would however not be reflected separately in the statistical data bases.

Reply:

a) (i) and (ii) The National Prosecuting Authority (NPA) has informed me that the NPA only records conviction rates of verdict cases on all murder prosecutions, and a further breakdown according to the types of murder as well as child abuse, is not available. NPA is therefore not able to provide the information in the detail requested.

I have further been informed that the Department of Justice and Constitutional Development`s (DoJ&CD) Integrated Case Management System (ICMS) does not at present, provide for victims details yet, and therefore the Department would not be able to specify if a criminal charge of murder is linked to a victim such as a child. Efforts are however in place to address this gap. Thus far, a data collection tool for the details of all crime victims, including children, has been drafted, and is now being taken through the stakeholder- consultation process.

The Department can therefore unfortunately not respond in respect to data on child murder charges but in the future the Department will be able to report on it from the Integrated Justice System (IJS) transversal system data.

The Honorable member is therefore advised to request this information from the South African Police Service, in terms of criminal matters.

In terms of Children’s Court-matters involving child abuse and neglect, data on matters relating to child abuse, was not collected previously (for the 2014/15 to 2016/17 financial year. With the roll-out of the Integrated Case Management System (ICMS) this year, the Department is able to provide mid-year statistics for 2017/18 as shown below.

Table 1: Types of cases registered

Province	Deliberate Neglect	Emotional	Physical	Sexual	Not Indicated	Grand Total
Eastern Cape	41	5	7	7	488	548
Free State	48	8	9	1	424	490
Gauteng	263	14	33	14	645	969
KwaZulu-Natal	30	8	19	20	1 562	1 639
Limpopo	26	1	3	1	229	260
Mpumalanga	49	17	8	8	414	496
North West	80	20	13	3	250	366
Northern Cape	19	2			104	125
Western Cape	140	41	10	9	473	673
Grand Total	696	116	102	63	4 589	5 566

The table above depicts the types of cases that were registered from April to September 2017. Most of the cases registered were cases of deliberate negligence, and 82% of the types of abuse were not indicated.

Table 2: Types of abuse with respect to gender

Abuse type	Female	Male	Transgender	Grand Total
Deliberate Negligence	327	367	2	696
Emotional	60	56		116
Physical	54	48		102
Sexual	58	5		63
Not Indicated	2 257	2 330	2	4 589
Grand Total	2 756	2 806	4	5 566

Table 2 above shows that from April to September 2017, 53% of male children were neglected deliberately. The table further shows that out of all sexual assault cases reported, more than 90% involved female children.

 

Table 3: Types of abuse with respect to age

Abuse type	0 - 5	6 - 10	11 - 15	16 to under 18	Not Indicated	Grand Total
Deliberate Negligence	307	171	97	19	102	696
Emotional	34	26	32	13	11	116
Physical	20	25	38	10	9	102
Sexual	7	20	25	7	4	63
Not Indicated	966	1 138	1 523	755	207	4 589
Grand Total	1 334	1 380	1 715	804	333	5 566

The table above shows that 31% of the children that were reported to being abused are between the ages of 11 and 15. 6% of the children’s age was not indicated and more than 80% of the abuse type was not indicated.

Table 4: Types of abuse with respect to population group

Abuse type	African	Asian	Coloured	Indian	Other	White	Not Indicated	Grand Total
Deliberate Negligence	129	2	70	8	1	20	466	696
Emotional	25		6	2	1	3	79	116
Physical	33		5	2	3	5	54	102
Sexual	21		5	3		1	33	63
Not Indicated	1 008	3	97	13	1	75	3 392	4589
Grand Total	1 216	5	183	28	6	104	4 024	5566

The table above highlights the prevalence of abuse cases reported involving children from April to September 2017 to be African compared to other races.

Reply:

(a)(i)(ii)(iii) and (b)

To give effect to South Africa’s obligation to the UN Protocol on Trafficking in Persons, the Prevention and Combating of Trafficking Act 2013 (Act No. 7 of 2013) was passed in July 2013. The Act seeks to fulfil four main objectives, namely to:

1. Provide for an offence of Trafficking in Persons (TIP) and other offences associated with trafficking in persons;
2. Prevent and combat TIP within and across the borders of the Republic;
3. Provide for measures to protect and assist victims of TIP; and
4. Provide for the establishment of the Inter-sectoral Committee on Prevention and Combating of TIP.

The Prevention and Combatting of Trafficking in Persons Act came into operation in August 2015. Prior to the enactment of Act, trafficking in persons for sexual purposes was criminalised through other pieces of legislation such as the Sexual Offences Act and trafficking in children through the Children’s Act.

For ease of reference and in order to provide a more detailed response, below is a schedule with a summary of cases dealt with under section 4(1) of the Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013).

Prevention and Combatting of Trafficking in Persons Act, 7 of 2013.

Feedback from the National Prosecuting Authority regarding progress on the following cases in relation to the aforementioned Act and section 71 (or other charges) of Act 32/2007 (where indicated), as at 20 February 2018.

EASTERN CAPE (3 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Omotoso	Section 71 Act 32/2007 (Trafficking in persons for sexual purposes) Offence(s) committed before 09/08/2015 (commencement date of Act 7/2013).	Remanded for 8/03/2018 for further investigations, including the finalization of representations made by the defence, also awaiting an application for centralisation and extra-territorial jurisdiction which application was forwarded to the to NDPP.
S v Nxasana & Others	Section 4(2) Act 7/2013	Matter is under investigation, and postponed to 15/03/2018 pending application for centralisation.
S v Jacobs & Others	Section 4(1) Act7/2013	Remanded for 14/05/2018, final date for accused 1 to ensure financial instructions to the relevant legal representative. A trial date will be arranged for the Regional Court, PE.

FREE STATE (3 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Lgedi & Another	Section 4(1) Act7/2013 Sexual exploitation	Postponed for further investigations and bail applications
S v Muller, Reyneke & Stuurman	Section 4(1) Act 7/2013 Forced labour exploitation	Postponed for further investigations and bail applications
S v Reyneke	Section 4(1) Act 7/2013 Sexual exploitation	Postponed for further investigations and bail applications

SOUTH GAUTENG (10 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Phumzile Sithole Kempton Park RC	Section 4(1) Act 7/2013 (x 2 charges)	Struck of roll – July 2016.	J175 issued for re-appearance on 10/10/16.
S v Amako Frank & Another JHB HC	Section 4(1) Act 7/2013, Rape (section 3 of Act 32/2007) and Sexual Assault (2 charges).	Part –heard Trial
S v Bodia Madeka Kempton Park RC	Section 4(1) Act 7/2013 ( 4 charges), fraud and contravention of the Immigration Act.	Further investigations
S v Madika Kadongolo	Section 4(1) Act 7/2013 ( 4 charges), theft and fraud	Further investigations
S v Uche Nwasu & 2 Others	Section 4(1) Act 7/2013 (4 charges) and assault.		Withdrawn 20/7/2016 Complainant untraceable.
S v Kechurwu Odachi & 2 Others	Section 4(1) Act 7/2013	Further investigations
S v Ezinwa Nnamdi Nelson	Section 4(1) Act 7/2013		Nolle prosequi
S v Nyaradzo Munetsi	Section 4(1) Act 7/2013, fraud and contravention of the Immigration Act.	Further Investigation
S v SibandaThomas Fabiao	Section 4(1) Act 7/2013	Convicted as charged, postponed for sentence, 14/12/17
S v Fatima Onorio	Section 4(1) Act 7/2013	Further investigation

NORTH GAUTENG (6 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Americo Chaoque Brits RC	Section 4(1) Act 7/2013 (Forced labour x 6 charges - children from Mozambique)	Postponed for 18/4/2018, Part-heard (the December 2017 judgment was in relation to a trial within a trail)
S v R T Balele Brits RC	Section 4(1) Act 7/2013 (x 2 charges)	Postponed for trial 19 - 30/3/2018 Pretoria HC
S v Anderson Ngwasu	Section 4(1) Act 7/2013		Acquitted (Complainant absconded during trial)
S v Abba & Others	Section 4(1) Act 7/2013	11/12/2017 Judgment	CONVICTED 2 X counts of Section 4(1) - Sexual Exploitation Postponed for 26/6/20 18 for Sentence
S v Obi & Others	Drugs & Extortion	Postponed for 26/2/2018 re Indictment & HC trial date
S v Emecka	Section 4(1) Act7/2013	Postponed for 26/2/2018 for RC trial date

KWAZULU NATAL (4 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Madlala (Gumtree case)	Section 4(1) Act 7/2013	Convicted as charged - 2016	Sentence of 5 years suspended for 5 years
S v Makhosini Fakudze Durban RC	Section 4(1) Act 7/2013	Convicted as charged.	Sentenced to 2 life term imprisonment sentences & inclusion of particulars in NRSO, NCPR and also declared to be unfit to possess a firearm.
S v Tazley Msweli & 1 other Pinetown RC	Section 4(1) Act 7/2013	Convicted as charged	Sentenced to 25 years imprisonment
S v Qinglin Ye & Others	Section 4(1) Act 7/2013- 40 counts for labour exploitation. ,	Postponed for 27/02/2018 till 31 May 2018 RC Durban. RC date sooner available than that of the HC.

LIMPOPO (1 case)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
Accused details not available. Groblersdal CAS 79/5/17	Section 4(1) Act 7/2013, Rape (section 3 of Act 32/2007), Sexual Assault (section 5 of Act 32/2007)	Postponed for further investigation.

MPUMALANGA (9 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v E. Khoza & Another Kabokweni RC	Section 4(1)(a) Act 7/2013	Convicted as charged	R5000 or 3 years’ imprisonment & 4 years imprisonment suspended for 5 years

S v N. Khoza & 2 Others Nelspruit RC2

Section 4(2) of Act 7/2013

Accused 3 Convicted as charged.

5 years suspended for 5 years.

S v N. Khoza & 1 Other Nelspruit RC2

Section 4(2) Act 7/2013

Victim disappeared and case was withdrawn.

S v Maphosa & Another Kanyamazane RC	Section 4(1)(a) Act 7/2013 & Statutory Rape (section 15 of Act 32/2007)	Convicted 20/9/ 2016 on section 15 of act 32/2007.	Sentenced to 4 years imprisonment suspended for 5 yrs.
S v Luxiano Paulo Hansassela Tonga RC	Section 4 (1) Act 7/2013 & Rape (section 3 of Act 32/2007)	Matter withdrawn pending finalization of investigation. A statement from the mother in Mozambique is needed to prove trafficking
S v Mathebula & Another Kabokweni RC	Section 4 (1) Act 7/2013		Finalised – Case withdrawn on 6/10/2015 (Child complainants absconded from Place of Safety)
S v Raymond K Dumati & Another	Abduction / Section 4 (1) Act 7/2013	Case transferred to Springs RC
S v L. Makhubela & Another	Section 4(1) Act 7/2013 – sexual exploitation	Postponed for 25/05/2018 partly heard.
S v J. C. Thikizi	Section 4(1) Act 7/2013 – sexual exploitation	Accused convicted on charge of section 18 of Act 32/2007 - 07/03/2017	Sentence postponed until June 2017 (updated info outstanding).

NORTHERN CAPE (1 case)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Andy Amzuilo Chikunyie Postmasburg, RC	Section 4(1) of Act 7/ 2013 (1 charge).	These 2 cases were joined with 3 counts of c/o S.4(1) against al 3 accused. Postponed for 23 & 24/5/2018 for trial, Kuruman RC.
S v Austine Okoye & Another Postmasburg, RC	(x2 counts of Trafficking in contravention of section 4(1) of Act 7 of 2013,	Joined with the case above

NORTH WEST (4 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Geoffrey Bishop Mwake	Section 4 (1) Act 7/2013		Withdrawn to trace witnesses
S v Hani Abugu	Section 4(1) & Section 5 Act 7/2013		Withdrawn to trace witnesses
S v Harrison Odo & 2 Others	Section 4(1) Act 7/2013	Postponed for 8/05/2018, part heard.
S v Jabu Sailesi & 2 Others	Section 4(1) Act 7/2013		Withdrawn

WESTERN CAPE (5 cases)

ACCUSED NAME	CHARGES	STATUS	OUTCOME
S v Simon Eze Light & Nancy Eze Light	Section 4(1) of Act 7/2013 - labour exploitation	Postponed for trial to 12/04/2018
S v Portia Sibanda Kwanonkuthula	Section 4(1) of Act 7/2013 - labour exploitation		Case withdrawn when the accused passed away
S v Naidoo &Others	Section 4(1) of Act 7/2013 - Sexual Exploitation & Rape (section 3 of Act 32/2007)	Postponed for trial – 25/05/2018
S v Ayok &Another	Section 4(1) of Act 7/2013 - Sexual Exploitation & Rape (section 3 of Act 32/20007)	Postponed to 27/02/2018 for Bail Application
S v Reynecke &Others	Section 4(1) of Act 7/2013 and Racketeering (POCA)	Postponed to 27/02/2018 for Charge Sheet

Reply:

(1)(a)The Department of Justice and Constitutional Development had, through a competitive bidding process, appointed the Travel Management Company (TMC) named Travel with Flair to provide travelling and related services.

(i)The following link table depicts service volumes that were processed by the TMC on behalf of the Department for the period April 2016 to March 2017:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW190-April16-March17.pdf

(ii)The total value of services paid to various hospitality industry players through Travel with Flair was R202 826 036. It should be noted that the National Treasury negotiated and implemented rates with all TMCs. The Department is therefore strictly in compliance with the National Treasury guideline on rates and charges applicable to the travel management industry.

2 (a) Yes, the specified company did provide services related to international travel.

(i)(ii) and (iii)The attached Excel spreadsheet contains the names of the officials who travelled, the route details and the amounts paid for each person.

Main TMR Client: Department of Justice and Constitutional Development April 2016 - March 2017
Passenger	Category	Route Details	Trns	Tot Fare
Africa Shoneez Fazeela	International Air Travel	Dxb/Cpt	-	-
		Ewr Jfk/Jnb	-	-
		Iad/Jnb	-	-
		Jnb/Dxb/Led/Vie/Dxb	3	37 487
		Jnb/Jfk Ewr/Yow/Ewr	3	137 862
		Jnb/Jfk Ewr/Yow/Iad	2	-
		Led/Vie/Dxb/Jnb	1	29 350
		Vie/Dxb/Cpt	5	62 264
	Accommodation	Land Arrangements	1	31 280
	Accommodation International	Land Arrangements	1	30 838
	Insurance	Land Arrangements	2	3 775
	Tours Domestic	Zurich Tourismus	2	-
Africa Shoneez Fazeela Total			20	332 856
Airline Cxl Penalty	International Air Travel	Apl/Jnb/Apl	-1	285
		Buq/Jnb	-1	5 020
		Cpt/Jnb/Gbe	-1	285
		Gbe/Jnb/Cpt	-1	285
		Hre/Buq	-1	1 163
		Jnb/Acc/Jnb	-1	285
		Jnb/Ams/Jnb	-1	616
		Jnb/Lhr Edi/Ewr/Yow	-1	3 306
		Jnb/Lun	-1	285
		Jnb/Muc/Fco/Muc/Jnb	-1	570
		Lhr/Jnb/Lhr	-1	285
		Lun/Hre	-1	388
		Wdh/Jnb	-1	570
		Yow/Iad/Jnb	-1	-
Airline Cxl Penalty Total			-14	13 342
Bauser Kenneth	Insurance	Land Arrangements	1	390
Bauser Kenneth Total			1	390
Bembo Vierafrancisco	International Air Travel	Lad/Jnb/Lad	1	14 243
	Insurance	Land Arrangements	1	225
Bembo Vierafrancisco Total			2	14 468
Clark Dellenem Ms	International Air Travel	Jnb/Wdh	1	3 378
		Jnb/Wdh/Jnb	1	3 049
		Wdh/Jnb	-	-
Clark Dellenem Ms Total			2	6 427
Daniels Enver Mr	International Air Travel	Cpt/Ams/Cpt	3	72 661
	Accommodation International	Land Arrangements	1	41 580
	Insurance	Land Arrangements	1	1 960
	Accommodation	Land Arrangements	2	-
Daniels Enver Mr Total			7	116 201
Dhlamini Busisiwe Pearl	International Air Travel	Jnb/Gru/Mvd/Gru/Jnb	3	45 229
	Accommodation	Land Arrangements	1	7 800
	Insurance	Land Arrangements	1	225
Dhlamini Busisiwe Pearl Total			5	53 254
Dossantoszivane Montserratricardi	International Air Travel	Lad/Jnb/Lad	1	14 243
	Insurance	Land Arrangements	1	225
Dossantoszivane Montserratricardi Total			2	14 468
Franzman Danaline Ms	Accommodation International	Land Arrangements	1	28 590
	International Air Travel	Jnb/Zrh/Gva/Zrh/Jnb	1	28 052
	Insurance	Land Arrangements	1	270
Franzman Danaline Ms Total			3	56 913
Gutsa Taka	Insurance	Land Arrangements	1	225
Gutsa Taka Total			1	225
Huang Lei	Regional Air Travel	Pek/Jnb/Pek	1	49 556
Huang Lei Total			1	49 556
Jeffery John Mr	International Air Travel	Bjl/Dkr	3	12 654
		Cpt/Lhr/Cpt	5	91 204
		Cpt/Lhr/Jnb	2	-
		Jnb/Dkr/Jnb	2	-
		Jnb/Gru/Mvd/Gru/Jnb	6	135 446
		Jnb/Sho/Jnb	1	5 864
		Jnb/Zrh/Gva/Zrh/Jnb	4	75 760
	Accommodation	Land Arrangements	2	52 144
	Accommodation International	Land Arrangements	1	37 290
	Insurance	Land Arrangements	11	1 635
Jeffery John Mr Total			37	411 998
Kambula Praise Ms	Accommodation International	Land Arrangements	2	58 513
	Regional Air Travel	Abj/Jnb	3	19 896
		Bjl/Cmn/Abj	3	12 823
		Dkr/Bjl	3	7 070
		Jnb/Nbo/Dkr	3	16 690
	International Air Travel	Jnb/Fra/Gva/Fra/Jnb	1	28 745
	Insurance	Land Arrangements	5	2 000
Kambula Praise Ms Total			20	145 738
Keepile Kgakololo	International Air Travel	Gbe/Jnb/Bfn/Jnb/Gbe	1	9 637
Keepile Kgakololo Total			1	9 637
Kekgetheleng Obajengcastro	International Air Travel	Gbe/Jnb/Bfn/Jnb/Gbe	1	9 637
Kekgetheleng Obajengcastro Total			1	9 637
Kekgetheleng Oboifengcastro Mr	International Air Travel	Gbe/Jnb/Bfn/Jnb/Gbe	1	9 637
Kekgetheleng Oboifengcastro Mr Total			1	9 637
Kgakololo Keepile	International Air Travel	Gbe/Jnb/Bfn/Jnb/Gbe	1	9 637
Kgakololo Keepile Total			1	9 637
Kgoelenya Joseph Mr	Accommodation International	Land Arrangements	2	82 585
	Regional Air Travel	Acc/Jnb	1	24 035
		Jnb/Add/Lfw/Acc	5	31 452
	International Air Travel	Jnb/Zrh/Gva/Zrh/Jnb	1	27 750
	Insurance	Land Arrangements	5	540
Kgoelenya Joseph Mr Total			14	166 362
Kollapen Narandranjudge	International Air Travel	Jnb/Per/Mel/Per/Jnb	3	73 917
		Jnb/Syd/Mel/Syd/Jnb	1	63 765
Kollapen Narandranjudge Total			4	137 682
La Foy Gabriella	Accommodation International	Land Arrangements	1	29 315
La Foy Gabriella Total			1	29 315
Lafoy Gabriella	International Air Travel	Jnb/Zrh/Gva/Zrh/Jnb	1	56 760
	Insurance	Land Arrangements	1	270
Lafoy Gabriella Total			2	57 030
Lafoy Gabriella Ms	International Air Travel	Jnb/Add/Lfw/Acc/Jnb	3	55 548
	Accommodation International	Land Arrangements	1	53 100
	Insurance	Land Arrangements	1	540
Lafoy Gabriella Ms Total			5	109 188
Lambrechts Anthony	International Air Travel	Cpt/Gbe	1	3 978
		Cpt/Jnb/Gbe	-1	-5 761
		Gbe/Cpt	1	4 144
		Gbe/Jnb/Cpt	-1	-6 114
		Gbe/Jnb/Gbe	2	12 238
	Insurance	Land Arrangements	1	315
Lambrechts Anthony Total			3	8 801
Lekgetho Nomsa Ms	International Air Travel	Add/Jnb	-1	-10 614
Lekgetho Nomsa Ms Total			-1	-10 614
Lelokwane Gaolaolae	International Air Travel	Gbe/Jnb/Bfn/Jnb/Gbe	1	9 637
Lelokwane Gaolaolae Total			1	9 637
Lelokwane Gaolaolwe	International Air Travel	Gbe/Jnb/Bfn/Jnb/Gbe	1	9 637
Lelokwane Gaolaolwe Total			1	9 637
Lingwati Mandlaabram	International Air Travel	Jnb/Muc/Fco/Muc/Jnb	-1	-82 008
Lingwati Mandlaabram Total			-1	-82 008
Lou Qiaoli	International Air Travel	Hkg/Pek	2	-
		Pek/Jnb/Hkg	2	-
Lou Qiaoli Total			4	-
Madonsela Vusimuzi Philemon Mr	International Air Travel	Ewr Jfk/Jnb	-	-
		Iad/Jnb	-	-
		Jnb/Jfk Ewr/Yow/Ewr	1	137 862
		Jnb/Jfk Ewr/Yow/Iad	1	-
		Jnb/Lhr/Jnb	7	89 570
	Accommodation International	Land Arrangements	1	43 153
	Insurance	Land Arrangements	2	4 035
Madonsela Vusimuzi Philemon Mr Total			12	274 620
Magagula Khanyisilepeggy	International Air Travel	Lhr/Jnb/Lhr	1	33 784
	Insurance	Land Arrangements	2	1 630
Magagula Khanyisilepeggy Total			3	35 414
Makhubele John Ndaba	International Air Travel	Acc/Bjl/Acc	4	-
		Jnb/Acc/Jnb	2	-
		Jnb/Iad/Yow/Iad/Jnb	4	137 862
	Accommodation International	Land Arrangements	1	18 473
	Insurance	Land Arrangements	4	2 480
	Accommodation	Land Arrangements	1	1 880
Makhubele John Ndaba Total			16	160 695
Malapela Thabo Andrew	International Air Travel	Gbe/Jnb/Gbe	1	5 156
	Insurance	Land Arrangements	1	225
Malapela Thabo Andrew Total			2	5 381
Maluluke Vusumuzi Prince	International Air Travel	Dxb/Cpt	-	-
		Jnb/Cdg/Jnb	1	70 746
		Jnb/Dxb/Led/Vie/Dxb	5	37 487
		Led/Vie/Dxb/Cpt	1	29 350
	Accommodation	Land Arrangements	1	31 280
	Accommodation International	Land Arrangements	1	29 054
	Insurance	Land Arrangements	1	1 700
	Tours Domestic	Zurich Tourismus	2	-
Maluluke Vusumuzi Prince Total			12	199 617
Maseko Mangaliso Mr	Regional Air Travel	Abj/Jnb	3	19 896
		Bjl/Cmn/Abj	3	12 823
		Dkr/Bjl	3	7 070
		Jnb/Nbo/Dkr	3	16 690
	Accommodation International	Land Arrangements	1	54 795
	International Air Travel	Acc/Bjl/Acc	1	17 214
		Jnb/Acc/Jnb	3	22 406
	Insurance	Land Arrangements	7	2 450
Maseko Mangaliso Mr Total			24	153 345
Masutha Tshililo Adv	International Air Travel	Add/Jnb	1	23 297
		Dxb/Cpt	-	-
		Ewr Jfk/Jnb	-	-
		Iad/Jnb	-	-
		Jnb/Add/Lfw/Add/Jnb	3	48 324
		Jnb/Ams/Jnb	-1	-103 507
		Jnb/Dxb/Led/Vie/Dxb	9	86 528
		Jnb/Jfk Ewr/Yow/Ewr	3	137 915
		Jnb/Jfk Ewr/Yow/Iad	2	-
		Jnb/Muc/Ams/Muc/Jnb	3	71 917
		Jnb/Muc/Osl	1	58 125
		Osl/Zrh/Jnb	1	65 782
	Accommodation International	Land Arrangements	3	110 194
	Accommodation	Land Arrangements	2	85 064
	Insurance	Land Arrangements	7	13 575
	Tours Domestic	Zurich Tourismus	2	-
Masutha Tshililo Adv Total			36	597 215
Matibe Tshisamphiri Nelson	International Air Travel	Jnb/Per/Mel	1	23 665
		Mel/Syd/Jnb	1	27 309
	Accommodation International	Land Arrangements	1	38 490
Matibe Tshisamphiri Nelson Total			3	89 464
Maweni Dairus Nicholas	International Air Travel	Bjl/Dkr	1	3 004
		Jnb/Dkr/Jnb	2	-
		Jnb/Gru/Mvd/Gru/Jnb	1	58 257
		Jnb/Zrh/Gva/Zrh/Jnb	2	-
	Accommodation	Land Arrangements	2	33 956
	Insurance	Land Arrangements	5	270
Maweni Dairus Nicholas Total			13	95 487
Mboweni Lucia Monyamane	Accommodation International	Land Arrangements	2	77 238
	International Air Travel	Jnb/Hre/Jnb	3	8 158
		Jnb/Lhr/Jnb	3	18 369
	Insurance	Land Arrangements	2	495
Mboweni Lucia Monyamane Total			10	104 261
Mfunzana Masibulele C Mr	Accommodation International	Land Arrangements	1	7 880
Mfunzana Masibulele C Mr Total			1	7 880
Mfunzana Masibulelechris Mr	International Air Travel	Jnb/Wvb/Jnb	1	9 481
Mfunzana Masibulelechris Mr Total			1	9 481
Mhlarhi Jamela Ms	International Air Travel	Jnb/Sho/Jnb	1	5 864
		Jnb/Zrh/Gva/Zrh/Jnb	6	28 052
	Accommodation International	Land Arrangements	1	26 724
	Insurance	Land Arrangements	4	763
Mhlarhi Jamela Ms Total			12	61 403
Mokushane Thapelo Mr	International Air Travel	Jnb/Muc/Osl	1	21 946
		Osl/Zrh/Jnb	1	24 884
	Accommodation	Land Arrangements	1	13 200
	Insurance	Land Arrangements	1	1 960
Mokushane Thapelo Mr Total			4	61 990
Monageng Confrencekm Ms	International Air Travel	Add/Jnb	1	23 297
		Jnb/Add/Lfw/Add/Jnb	3	48 324
	Accommodation International	Land Arrangements	1	13 130
	Insurance	Land Arrangements	1	1 960
Monageng Confrencekm Ms Total			6	86 711
Moroke Reetsang Innocentia	Accommodation International	Land Arrangements	2	13 080
	Regional Air Travel	Jnb/Sho/Jnb	2	11 836
	Insurance	Land Arrangements	1	225
Moroke Reetsang Innocentia Total			5	25 141
Motsumi Kefilwe	Insurance	Land Arrangements	1	420
Motsumi Kefilwe Total			1	420
Motsumi Modise	Insurance	Land Arrangements	1	420
Motsumi Modise Total			1	420
Mseko Mangaliso	Accommodation	Land Arrangements	1	42 600
Mseko Mangaliso Total			1	42 600
Ndabeni Anele	International Air Travel	Bre/Ist/Cpt/Ist/Bre	1	12 567
	Insurance	Land Arrangements	1	880
Ndabeni Anele Total			2	13 447
Nhlayisi Zanele Ms	Regional Air Travel	Jnb/Bfn/Jnb	1	4 698
Nhlayisi Zanele Ms Total			1	4 698
Nkukwana Isake Mr	Accommodation	Land Arrangements	1	50 100
	International Air Travel	Jnb/Muc/Vie/Muc/Jnb	1	41 137
	Accommodation International	Land Arrangements	1	31 437
	Insurance	Land Arrangements	1	540
Nkukwana Isake Mr Total			4	123 214
Oelofse Jacques Mr	International Air Travel	Akl/Dxb/Jnb/Dxb/Akl	1	37 727
Oelofse Jacques Mr Total			1	37 727
Oelofse Liam	International Air Travel	Akl/Dxb/Jnb/Dxb/Akl	1	28 617
Oelofse Liam Total			1	28 617
Oelofse Marisca Mrs	International Air Travel	Akl/Dxb/Jnb/Dxb/Akl	1	37 727
	Insurance	Land Arrangements	1	1 670
Oelofse Marisca Mrs Total			2	39 397
Oelofse Mieke	International Air Travel	Akl/Dxb/Jnb/Dxb/Akl	1	28 617
Oelofse Mieke Total			1	28 617
Olah Annika	International Air Travel	Ham/Ams/Cpt/Ams/Ham	1	21 185
Olah Annika Total			1	21 185
Pillay Kalayvani	Transfers	Land Arrangements	1	3 540
Pillay Kalayvani Total			1	3 540
Rossouw Riaan	International Air Travel	Apl/Jnb/Apl	-1	-9 810
Rossouw Riaan Total			-1	-9 810
Sewpaul Ooshara Manharlal Ms	International Air Travel	Acc/Bjl/Acc	3	10 837
		Jnb/Acc/Jnb	3	18 830
		Jnb/Zrh/Gva/Zrh/Jnb	5	28 052
	Accommodation	Land Arrangements	1	29 750
	Accommodation International	Land Arrangements	1	28 304
	Insurance	Land Arrangements	6	2 350
Sewpaul Ooshara Manharlal Ms Total			19	118 124
Skelton Annmarie	Accommodation	Land Arrangements	1	67 886
	Transfers	Land Arrangements	1	3 015
Skelton Annmarie Total			2	70 901
Skhosana Dorcas	Regional Air Travel	Acc/Nbo/Jnb	1	29 006
		Jnb/Acc	1	10 964
	Insurance	Land Arrangements	2	540
Skhosana Dorcas Total			4	40 510
Skhosana Thandazile	Accommodation International	Land Arrangements	1	12 937
Skhosana Thandazile Total			1	12 937
Skosana Jacob Mr	International Air Travel	Jfk/Jnb	-	-
		Jnb/Dxb/Led/Dxb/Jnb	7	63 188
		Jnb/Iad/Yow/Ewr	1	137 862
		Jnb/Lhr Edi/Ewr/Yow	-	6 309
		Jnb/Lhr/Edi/Lhr/Jnb	2	-
		Jnb/Lhr/Jnb	1	89 640
		Lhr/Edi	1	7 157
		Lhr/Edi/Lhr	1	11 755
		Lhr/Yow/Lhr	1	82 783
		Yow/Iad/Jnb	-1	-
		Yow/Yul/Lhr	1	58 256
	Accommodation International	Land Arrangements	2	51 005
	Accommodation	Land Arrangements	1	31 280
	Transfers International And Cr	Land Arrangements	1	3 315
	Insurance	Land Arrangements	1	1 770
	Tours Domestic	Travel Insurance Co	2	-
Skosana Jacob Mr Total			21	544 321
Smit Corne	International Air Travel	Wtb/Syd/Jnb/Syd/Wtb	4	-
	Insurance	Land Arrangements	4	-
Smit Corne Total			8	-
Strydom Paula	International Air Travel	Auh/Jnb/Auh	2	37 548
Strydom Paula Total			2	37 548
Terblanche Johannaaletta	International Air Travel	Jnb/Dur/Jnb	2	-
Terblanche Johannaaletta Total			2	-
Tshabalala Judith Ms	International Air Travel	Jnb/Muc/Ams/Muc/Jnb	3	71 917
	Accommodation International	Land Arrangements	1	17 325
	Insurance	Land Arrangements	1	1 960
Tshabalala Judith Ms Total			5	91 202
Tshabangu Admirable	International Air Travel	Buq/Jnb	-	-
		Hre/Buq	-	-
		Jnb/Lun	-	-
		Lun/Hre	-1	1 254
Tshabangu Admirable Total			-1	1 254
Tshribi Ken Mr	International Air Travel	Acc/Jnb/Acc	1	43 299
	Insurance	Land Arrangements	1	420
Tshribi Ken Mr Total			2	43 719
Vanheerden Herman Benjamin	Accommodation International	Land Arrangements	1	14 700
	International Air Travel	Fra/Dme/Fra	2	122
		Jnb/Hre/Jnb	3	8 158
	Insurance	Land Arrangements	1	270
Vanheerden Herman Benjamin Total			7	23 250
Grand Total			373	4 975 541

(1)(b) Regarding the entities reporting to the Minister of Justice and Correctional Services, the following information, was received:

Response received from the Special Investigating Unit:

In response to the parliamentary question, the SIU confirmed that it never procured the services of Travel with Flair (Pty) Ltd.

Response received from Legal Aid South Africa:

The Legal Aid South Africa has a contract with Travel With Flair for the provision of travel management services. The contract was awarded through an open tender process having considered functionality and cost of bids received. In terms of the contract, Travel With Flair invoices Legal Aid South Africa for all travel services procured on their behalf and these invoices are settled within 30 days. Travel With Flair charges Legal Aid South Africa a monthly management fee for their services.

(1) Regarding domestic travel:

TRAVEL WITH FLAIR - SERVICES PROCURED AND PAYMENTS MADE
Travel Service	Apr 2016 - Mar 2017	Apr 2017 - Oct 2017	Total since Apr 2016
Accommodation	7,093,709	4,256,102	11,349,811
Air travel	2,187,592	2,739,368	4,926,960
Conferences	333,729	1,129,167	1,462,896
Car hire	165,615	98,515	264,130
Transfers	73,523	161,080	234,603
Tours domestic ( International visitors)	25,500	25,500	51,000
International Air Travel	76,810	6,187	82,997
International Accommodation	43,200	16,604	59,804
Insurance	3,155	2,070	5,225
Total travel spend	10,002,833	8,434,593	18,437,426
Total Management Fee	490,340	622,060	1,112,400
Total Paid to Travel With Flair	10,493,173	9,056,653	19,549,826

(2) Regarding international air travel:

INTERNATIONAL AIR TRAVEL - APRIL 2016 TO MARCH 2017
Name of traveller	Position of traveler	Travel route	Travel costs paid to TWF
Devraj Nair	National Operations Executive	Johannesburg / Guaulhos (Brazil) / Ministro Pistarini (Argentina) / Johannesburg	19,410
Vidhulekha Vedalankar	Chief Executive Officer	Johannesburg / Guaulhos (Brazil) / Ministro Pistarini (Argentina) / Johannesburg	19,410
Judge President Dunstan Mlambo	Chairperson of the Board	Johannesburg / Guaulhos (Brazil) / Ministro Pistarini (Argentina) / Johannesburg	19,410
Vidhulekha Vedalankar	Chief Executive Officer	Johannesburg / London Heathrow / Johannesburg	16,701
Vidhulekha Vedalankar	Chief Executive Officer	London Heathrow / George Best City Airport (UK) / London Heathrow	1,879
Total cost paid to Travel With Flair - 2016/2017			76,810
INTERNATIONAL AIR TRAVEL - APRIL 2017 TO OCTOBER 2017
Name of traveller	Position of traveller	Travel route	Travel costs paid to TWF
Patrick Hundermark	Chief Legal Executive	Johannesburg / Kigali (Rwanda) / Johannesburg	6187
Total cost paid to Travel With Flair - 2017/2018			6187
Total costs of international air travel			82,997
INTERNATIONAL ACCOMMODATION - APRIL 2016 TO MARCH 2017
Name of traveller	Position of traveller	Accommodation - Service Provider	Travel costs paid to TWF
Devraj Nair	National Operations Executive	Earthbound Travel Wholesale - 4 nights	14,400
Vidhulekha Vedalankar	Chief Executive Officer	Earthbound Travel Wholesale - 4 nights	14,400
Judge President Dunstan Mlambo	Chairperson of the Board	Earthbound Travel Wholesale - 4 nights	14,400
Total cost paid to Travel With Flair - 2016/2017			43,200
INTERNATIONAL ACCOMMODATION - APRIL 2017 TO OCTOBER 2017
Name of traveller	Position of traveller	Accommodation - Service Provider	Travel costs paid to TWF
Vidhulekha Vedalankar	Chief Executive Officer	The Fitzwilliam Hotel (Belfast) - 3 nights	9,044
Patrick Hundermark	Chief Legal Executive	Park Inn by Radisson Kigali - 4 nights	7560
Total cost paid to Travel With Flair - 2017/2018			16,604
Total costs of international accommodation			59,804

 

Response from the National Prosecuting Authority:

1. The NPA had a contract with Travel with Flair (TWF) during the period May 2009 to November 2011. In this regard,

(i) The NPA procured travel management services (air flights, accommodation, car rental and shuttle services)

(ii) The total amount paid to TWF during the contract period was R 78 375 960.52, detailed as follows:

R 34 915 174,72 – 2009/10 financial year;

R 27 517 371.09 – 2010/11 financial year;

R 15 943 414,71 – 2011/12 financial year

2. The Service Level Agreement entered into with TWF included services related to international travel.

 (i) The total amounts paid to TWF during the contract period for international travel on behalf of NPA officials amounts to R 5 323 373.65, detailed as follows:

R 2 577 591,87 – 2009/10 financial year;

R 1 499 002.88 – 2010/11 financial year;

R 1 246 778.90 – 2011/12 financial year

I have been informed by the National Prosecuting Authority that due to the fact that the contract expired more than five (5) years ago, the level of detailed breakdown required in the question would require an extended effort and time to find in the archived records.

Response from the Office of the Chief Justice

The Office of the Chief Justice did not procure any services from Travel With Flair (Pty) Ltd, therefore, the above questions are not applicable in this regard.

Response from the Department of Correctional Services

1. YES,

SERVICES PROCURED	SERVICE QUANTITY	SERVICE TOTAL COST
Accommodation	3,872	13,720,068
Domestic Air Travel	1,029	4,652,002
Conference Package	51	1,268,781
Corporate Management Fee	11,072	1,134,534
Car Hire	454	848,613
Transfers	267	354,446
Group Conference & Incentives	12	191,744
Regional Air Travel	11	65,986
Foreign Exchange	4	23,334
Insurance	5	1,125
Grand Total	16,777	22,260,632

2. YES,

(a) SERVICE	(i) TRAVELLER	(ii) ROUTE	DATE	QUANTITY	(iii) AMOUNT
Regional Air Travel	Dingalo Margaret Ms	Jnb/Ebb/Jnb	06/04/2015	1	11,086.72
	Dingalo Margaret Ms			1	11,086.72
	Gumede Thandi Rosemary	Abv/Acc	26/08/2015	1	4,991.00
		Acc/Nbo/Jnb	27/08/2015	1	260.00
		Jnb/Nbo/Abv Acc/Nbo	23/08/2015	1	13,206.72
		Nbo/Jnb	27/08/2015	1	-
	Gumede Thandi Rosemary			4	18,457.72
	Manamela Choene Edna	Abv/Acc	26/08/2015	1	4,991.00
		Acc/Nbo/Jnb	27/08/2015	1	260.00
		Jnb/Nbo/Abv Acc/Nbo	23/08/2015	1	13,206.72
		Nbo/Jnb	27/08/2015	1	-
	Manamela Choene Edna Total			4	18,457.72
	Mbambo Piko Frank Mr	Jnb/Ebb/Jnb	06/04/2015	1	11,086.72
	Mbambo Piko Frank Mr Total			1	11,086.72
Regional Air Travel Total				10	59,088.88
Foreign Exchange	Dingalo Margaret Ms	MARILU	06/04/2015	2	4,716.40
	Dingalo Margaret Ms			2	4,716.40
	Gumede Thandi Rosemary		22/08/2015	2	18,617.39
	Gumede Thandi Rosemary			2	18,617.39
Foreign Exchange Total				4	23,333.79
Insurance	Dingalo Margaret Ms	Travel Insurance Co	06/04/2015	1	225.00
	Dingalo Margaret Ms			1	225.00
	Gumede Thandi Rosemary	Travel Insurance Co	23/08/2015	1	225.00
	Gumede Thandi Rosemary			1	225.00
	Manamela Choene Edna	Travel Insurance Co	23/08/2015	1	225.00
	Manamela Choene Edna			1	225.00
	Mbambo Piko Frank	Travel Insurance Co	06/04/2015	1	225.00
	Mbambo Piko Frank			1	225.00
Insurance Total				4	900.00
Grand Total				18	83,322.67