Questions and Replies
28 August 2017 - NW2072
Mathys, Ms L to ask the Ms L Mathys (EFF) asked the Minister of Public Works
Whether (a) his department and/or (b) any entities reporting to him are funding, including by way of discretionary funding, any institution of research and development (i) domestically and/or (ii) internationally; if so, (aa)(aaa) what are the names of the specified institutions and (bbb) what are their functions, (bb) from what date has his department or any entity reporting to him been funding them and (cc) what amount has his department contributed towards such funding? NW2294E
Reply:
a) No. The Department does not deal with discretionary funding but rather all funding is appropriated by National Treasury.
(i) (ii) (aa) (aaa) (bbb) (bb) (cc) Not Applicable.
With regard to Council for the Built Environment (CBE), Independent Development Trust (IDT) and Agrement South Africa (ASA):
(b) No
(i) (ii) (aa) (aaa) (bbb) (bb) (cc) Not Applicable
With regard to Construction Industry Development Board (CIDB)
(b)
i) Yes (Domestically) |
(aa) (aaa) |
bbb) |
bb) |
cc) |
Institution Name |
Functions |
From what date |
Amount |
|
1. University of Cape Town and |
Postgraduates and Doctoral Conferences |
04 February 2016 |
R200 000 |
|
2. Central University of Technology |
28 February 2017 |
R100 000 |
||
ii) No. (Internationally) |
(aa) (aaa) |
bbb) |
bb) |
cc) |
Institution Name |
Functions |
From what date |
Amount |
|
Not applicable |
28 August 2017 - NW2232
Matsepe, Mr CD to ask the Minister of Public Works
Whether his department sold any property in the past three financial years; if so, (a) to whom, (b) at what price and (c) what was the market value of the property?
Reply:
The Department did not sell any property in the past three financial years.
(a), (b) & (c) fall away.
28 August 2017 - NW2230
Figg, Mr MJ to ask the Minister of Public Works
(1) (a) Which are the 10 properties of the highest value that his department owns and (b) what are they used for; (2) have any of the properties been leased; if so, (a) who are the tenants and (b) how much does each tenant pay?
Reply:
(1) (a) & (b) The table link below indicates the Top 10 properties of the highest value which are under the custodianship of the Department, including their respective use.
https://pmg.org.za/files/RNW2230TABLE-170828.pdf
(2) All the properties are being utilised by client departments, (a) As indicated in the list above.
(b) State-owned accommodation charges are billed on a quarterly basis, in advance, in line with the devolution of budgets to client departments as developed and approved by the National Treasury.
31 July 2017 - NW1794
Mathys, Ms L to ask the Minister of Public Works
(1) Which entities reporting to him (a) have a board in place and (b) do not have a board in place, (i) of those that have a board, (aa) when was each individual board member appointed and (bb) when is the term for each board lapsing and (ii) how many (aa) board members are there in each board and (bb) of those board members of each entity are female; (2) with reference to entities that do not have boards in place, (a) who is responsible for appointing the board and (b) when will a board be appointed? MINISTRY PUBLIC WORKS REPUBLIC OF SOUTH AFRICA Department of Public Works l Central Government Offices l 256 Madiba Street l Pretoria l Contact: +27 (0)12 406 2034 l +27 (0)12 406 1224 Private Bag X9155 l CAPE TOWN, 8001 l RSA 4th Floor Parliament Building l 120 Plain Street l CAPE TOWN l Tel: +27 21 468 6900 Fax: +27 21 462 4592 www.publicworks.gov.za NATIONAL ASSEMBLY (WRITTEN) QUESTION NUMBER:1794 [NW2002E] INTERNAL QUESTION PAPER:NO 22 OF 2017 DATE OF PUBLICATION:19 JUNE 2017 DATE OF REPLY:JULY 2017 1794.Ms L Mathys (EFF) asked the Minister of Public Works: (1)Which entities reporting to him (a) have a board in place and (b) do not have a board in place, (i) of those that have a board, (aa) when was each individual board member appointed and (bb) when is the term for each board lapsing and (ii) how many (aa) board members are there in each board and (bb) of those board members of each entity are female; (2)with reference to entities that do not have boards in place, (a) who is responsible for appointing the board and (b) when will a board be appointed? NW2002E ________________________________________________________________ Minister of Public Works: REPLY: (a) All four of the Public Entities that report to the Department of Public Works (DPW) have Boards in place. These Public Entities are: Construction Industry Development Board (CIDB) Independent Development Trust (IDT) Council for the Built Environment (CBE) Agrément South Africa (ASA) (a)(i) Board Members of DPW Public Entities (aa) Appointment Date (bb) Term Expiry Date Construction Industry Development Board Mr L Nevhutalu (Chairperson) 13 April 2016 31 October 2017 Ms LT Myataza 01 August 2014 31 October 2017 Mr CS Jiyane 01 August 2014 31 October 2017 Ms NS Pandor 01 August 2014 31 October 2017 Mr G Muduray 01 August 2014 31 October 2017 Mr SA Mosai 01 August 2014 31 October 2017 Mr LL Makibinyane 01 August 2014 31 October 2017 Ms NC Skeepers 01 August 2014 31 October 2017 Mr SM Makhura 01 August 2014 31 October 2017 Ms VV Sidzumo 01 August 2014 31 October 2017 Ms M Fatyela-Lindie 01 August 2014 31 October 2017 Mr HL Patel 01 August 2014 31 October 2017 Mr N Maas 01 August 2014 31 October 2017 Independent Development Trust Prof Fikeni Somadoda - Chairperson 04 November 2016 03 November 2020 Mr Biniza Siyaduma 04 November 2016 03 November 2020 Mr Adams Theo Charl * 04 November 2016 03 November 2020 Ms Nkomo Phelisa 04 November 2016 03 November 2020 Ms Makhado Andani Amandaline 04 November 2016 03 November 2020 Ms Matloa Octavia Matshidiso 04 November 2016 03 November 2020 Mr Motswaledi Tlhotse Enoch 04 November 2016 03 November 2020 Mr Patel Rashid Amod Sadeck 04 November 2016 03 November 2020 Ms Rakolote Nomvula 04 November 2016 03 November 2020 Dr Zitha Lulama 04 November 2016 03 November 2020 Mr. Zitha Zakhele Alex Tummy 04 November 2016 03 November 2020 Dr Zulu-Kabanyane Gcwalisile Cynthia 04 November 2016 03 November 2020 *’ NB: Mr TC Adams has resigned and the vacancy is in the process of being filled. Council for the Built Environment Mr Isaac Mzumara Nkosi - Chairperson 01 August 2014 31 July 2018 Mr Zukile Christopher Mvalo 01 August 2014 31 July 2018 Ms Martina Mapula Tshangela 01 August 2014 31 July 2018 Mr Itumeleng Sizwe Kgomo 01 August 2014 31 July 2018 Ms Christina Alida Breed 01 August 2014 31 July 2018 Ms Ancunel Anna-Lucia Steyn* 01 August 2014 31 July 2018 Prof Kathleen Anne Michell 01 August 2014 31 July 2018 Mr Thembinkosi Matunda 01 August 2014 31 July 2018 Ms Ezodidi Gugu Makongwana 01 August 2014 31 July 2018 Mr Jerry Leigh Margolius 01 August 2014 31 July 2018 Ms Anna-Marié Sassenberg 01 August 2014 31 July 2018 Dr Titus Mathe 01 August 2014 31 July 2018 Mr Nicolas Daniel Lombard 01 August 2014 31 July 2018 Mr Sithiwe Thubane 01 August 2014 31 July 2018 Mr Douglas Michelle 01 August 2014 31 July 2018 Mr Reginald Gaofitlhe Sefotlho 01 August 2014 31 July 2018 Ms Niniza Fortunate Sithole 01 August 2014 31 July 2018 Adv Nalini Maharaj* 01 August 2014 31 July 2018 Adv Derick Jeffrey Block* 01 August 2014 31 July 2018 Mr Clive Mtshisa 01 August 2014 31 July 2018 *’ NB: The following Board members have resigned and the vacancies are in the process of being filled: Ms Ancunel Anna-Lucia Steyn Adv Nalini Maharaj Adv Derick Jeffrey Block Agrément South Africa Mr Pepi Silinga (chairperson) 06 September 2010 Extended until new Board appointed Dr Mahachi Jeffrey 06 September 2010 Mr Fredericks DC 06 September 2010 Mr Makamo Mandla Frank 06 September 2010 Mr Ittmann Hans W 06 September 2010 Ms Ranape Adelaide Ditsietsi 06 September 2010 Ms Ngcobo Ntebo 06 September 2010 Ms Marnaweck Mariana 06 September 2010 (a)(ii) DPW Public Entities (aa) Total Number of Board Members (bb) Number of Female Board Members Construction Industry Development Board 13 5 Independent Development Trust 12 6 Council for the Built Environment 20 8 Agrément South Africa 8 3 (b) Falls away. (2) (a) and (b) Fall away.
Reply:
- (a) All four of the Public Entities that report to the Department of Public Works (DPW) have Boards in place. These Public Entities are:
- Construction Industry Development Board (CIDB)
- Independent Development Trust (IDT)
- Council for the Built Environment (CBE)
- Agrément South Africa (ASA)
(a)(i) Board Members of DPW Public Entities |
(aa) Appointment Date |
(bb) Term Expiry Date |
Construction Industry Development Board |
||
Mr L Nevhutalu (Chairperson) |
13 April 2016 |
31 October 2017 |
Ms LT Myataza |
01 August 2014 |
31 October 2017 |
Mr CS Jiyane |
01 August 2014 |
31 October 2017 |
Ms NS Pandor |
01 August 2014 |
31 October 2017 |
Mr G Muduray |
01 August 2014 |
31 October 2017 |
Mr SA Mosai |
01 August 2014 |
31 October 2017 |
Mr LL Makibinyane |
01 August 2014 |
31 October 2017 |
Ms NC Skeepers |
01 August 2014 |
31 October 2017 |
Mr SM Makhura |
01 August 2014 |
31 October 2017 |
Ms VV Sidzumo |
01 August 2014 |
31 October 2017 |
Ms M Fatyela-Lindie |
01 August 2014 |
31 October 2017 |
Mr HL Patel |
01 August 2014 |
31 October 2017 |
Mr N Maas |
01 August 2014 |
31 October 2017 |
Independent Development Trust |
||
Prof Fikeni Somadoda - Chairperson |
04 November 2016 |
03 November 2020 |
Mr Biniza Siyaduma |
04 November 2016 |
03 November 2020 |
Mr Adams Theo Charl * |
04 November 2016 |
03 November 2020 |
Ms Nkomo Phelisa |
04 November 2016 |
03 November 2020 |
Ms Makhado Andani Amandaline |
04 November 2016 |
03 November 2020 |
Ms Matloa Octavia Matshidiso |
04 November 2016 |
03 November 2020 |
Mr Motswaledi Tlhotse Enoch |
04 November 2016 |
03 November 2020 |
Mr Patel Rashid Amod Sadeck |
04 November 2016 |
03 November 2020 |
Ms Rakolote Nomvula |
04 November 2016 |
03 November 2020 |
Dr Zitha Lulama |
04 November 2016 |
03 November 2020 |
Mr. Zitha Zakhele Alex Tummy |
04 November 2016 |
03 November 2020 |
Dr Zulu-Kabanyane Gcwalisile Cynthia |
04 November 2016 |
03 November 2020 |
*’ NB: Mr TC Adams has resigned and the vacancy is in the process of being filled. |
||
Council for the Built Environment |
||
Mr Isaac Mzumara Nkosi - Chairperson |
01 August 2014 |
31 July 2018 |
Mr Zukile Christopher Mvalo |
01 August 2014 |
31 July 2018 |
Ms Martina Mapula Tshangela |
01 August 2014 |
31 July 2018 |
Mr Itumeleng Sizwe Kgomo |
01 August 2014 |
31 July 2018 |
Ms Christina Alida Breed |
01 August 2014 |
31 July 2018 |
Ms Ancunel Anna-Lucia Steyn* |
01 August 2014 |
31 July 2018 |
Prof Kathleen Anne Michell |
01 August 2014 |
31 July 2018 |
Mr Thembinkosi Matunda |
01 August 2014 |
31 July 2018 |
Ms Ezodidi Gugu Makongwana |
01 August 2014 |
31 July 2018 |
Mr Jerry Leigh Margolius |
01 August 2014 |
31 July 2018 |
Ms Anna-Marié Sassenberg |
01 August 2014 |
31 July 2018 |
Dr Titus Mathe |
01 August 2014 |
31 July 2018 |
Mr Nicolas Daniel Lombard |
01 August 2014 |
31 July 2018 |
Mr Sithiwe Thubane |
01 August 2014 |
31 July 2018 |
Mr Douglas Michelle |
01 August 2014 |
31 July 2018 |
Mr Reginald Gaofitlhe Sefotlho |
01 August 2014 |
31 July 2018 |
Ms Niniza Fortunate Sithole |
01 August 2014 |
31 July 2018 |
Adv Nalini Maharaj* |
01 August 2014 |
31 July 2018 |
Adv Derick Jeffrey Block* |
01 August 2014 |
31 July 2018 |
Mr Clive Mtshisa |
01 August 2014 |
31 July 2018 |
*’ NB: The following Board members have resigned and the vacancies are in the process of being filled:
|
||
Agrément South Africa |
||
Mr Pepi Silinga (chairperson) |
06 September 2010 |
Extended until new Board appointed |
Dr Mahachi Jeffrey |
06 September 2010 |
|
Mr Fredericks DC |
06 September 2010 |
|
Mr Makamo Mandla Frank |
06 September 2010 |
|
Mr Ittmann Hans W |
06 September 2010 |
|
Ms Ranape Adelaide Ditsietsi |
06 September 2010 |
|
Ms Ngcobo Ntebo |
06 September 2010 |
|
Ms Marnaweck Mariana |
06 September 2010 |
|
(a)(ii) DPW Public Entities |
(aa) Total Number of Board Members |
(bb) Number of Female Board Members |
Construction Industry Development Board |
13 |
5 |
Independent Development Trust |
12 |
6 |
Council for the Built Environment |
20 |
8 |
Agrément South Africa |
8 |
3 |
(1) (b) Falls away.
(2) (a) and (b) Fall away.
31 July 2017 - NW1883
Mathys, Ms L to ask the Minister of Public Works
Whether (a) his department and (b) each entity reporting to him appointed transaction advisors for tenders in the period 1 January 2012 to 31 December 2016; if so, (i) who were the transaction advisors that were appointed for the tenders, (ii) for which tenders were they appointed, (iii) what was the pricing for the tenders in question and (iv) what amount were the transaction advisors paid?
Reply:
(a) Department of Public Works
No, the Department of Public Works did not appoint transaction advisors for tenders in the period 1 January 2012 to 31 December 2016
Therefore;
(i), (ii), (iii), (iv) and (v) Fall away.
(b) Department of Public Works (DPW) Entities
Three of the DPW entities namely;
The Council for the Built Environment (CBE), Construction Industry and Development Board (CIDB) and Agrement South Africa (ASA) did not appoint transaction advisors for tenders in the period 1 January 2012 to 31 December 2016 except Independent Development Trust (IDT).
(b) |
(i) |
(ii) |
(iii) |
(iv) |
Yes, the IDT did appoint a transaction advisor for tenders in the the period 1 January 2012 to 31 December 2016. |
The Appointed transaction advisor was Manyeleti Consulting SA (Pty) Ltd |
Manyeleti Consulting SA (Pty) Ltd - was appointed to provide professional services for the Security Fencing Tenders linked to the Department of Correctional Services. |
Procurement of Contractor : R 476,519,029.78 Procurement of Engineers: R 58,348,737.04 Total Programme Cost: R 534,867,766.82 |
R 21 402 503,98 was paid to Manyeleti Consulting SA (Pty) Ltd for transaction advisory services rendered |
31 July 2017 - NW1733
Kruger, Mr HC to ask the Minister of Public Works
Whether any staff of (a) his department and (b) each entity reporting to him were awarded any contracts or agreements to conduct business with any state entity in the (i) 2014-15, (ii) 2015-16 and (iii) 2016-17 financial years; if so, what are the (aa)(aaa) names and (bbb) professional designations of the staff members and (bb)(aaa) details of the contract(s) and/or agreement(s) awarded and (bbb) amounts in each case?
Reply:
(a) Department of Public Works
(i) Yes, one case
(ii) and (iii) No.
(aa) (aaa) Mr Xolisa Yakobi
(bbb) Project Manager
(bb) (aaa)
The company TP Construction tendered for a contract for the refurbishment of existing houses into office accommodation for the South African Police Service (SAPS) in Mqanduli, Eastern Cape Province. An investigation conducted revealed that Mr X Yakobi, a Project Manager of the Department of Public Works, was still registered on the Companies and Intellectual Property Commission (CIPC) records as a member of TP Construction. The official was subsequently subjected to disciplinary action and was dismissed from the Department of Public Works.
(bbb) R7, 738, 258.00
(b) No, i.e. in respect of the four Public Entities that report to the Department of Public Works, namely the Construction Industry Development Board (CIDB), the Independent Trust (IDT), the Council for the Built Environment (CBE) and Agrëment South Africa (ASA).
(i), (ii) and (iii) and (aa) (aaa) and (bbb) and (bb) (aaa) and (bbb) Fall away.
31 July 2017 - NW1768
Mokgalapa, Mr S to ask the Minister of Public Works
Does (a) he, (b) his Deputy Minister or (c) any of the heads of entities or bodies reporting to him make use of security services paid for by the State for (i) him/herself, (ii) his/her immediate family members or (iii) any of their staff members; in each case (aa) what are the reasons for it, (bb) from which department or entity’s budget is the security services being paid, and (cc) what are the relevant details?
Reply:
(a) (i) The Minister does use security services for himself at the State owned house in Pretoria and in Cape Town, and when in transit that is paid for by the State
(ii) The Minister’s immediate family members use security services at the State owned house in Pretoria and in Cape Town that is paid for by the State.
(iii) None of the Minister’s staff members use security services that is paid for by the State
(b) (i) The Deputy Minister use security services for himself at the State owned house, and when in transit that is paid for by the State.
(ii) The Deputy Minister’s immediate family members use security services at the State owned house in Pretoria that is paid for by the State.
(iii) None of the Deputy Minister’s staff members use security services that is paid for by the State
(a)(b) (i) (ii) (aa) They are provided for by the South African Police Services in terms of SAPS policy.
(a) (b) (i) (ii) (bb) South African Police Services budget.
(a) (b) (i) (ii) (cc) The details can be obtained from SAPS
(c) None of the heads of entities reporting to the Department of Public Works made use of security services paid for by the State
(i) (aa), (bb), (cc): Not applicable
(ii) (aa), (bb), (cc): Not applicable
(iii) (aa), (bb), (cc): Not applicable
31 July 2017 - NW1986
Hoosen, Mr MH to ask the Mr M H Hoosen (DA) asked the Minister of Public Works
Why does his department rent the building that houses the Mbombela Home Affairs offices situated between Brander Street and Henshall Street in Nelspruit from a private land owner?
Reply:
The Department is leasing the building situated between Brander and Henshall Street in Mbombela on behalf of Department of Home Affairs. The building is required and the space was procured in line with the needs of the Department of Home Affairs. The leased building was procured as there was no owned property suitable and available to meet the needs of the Department of Home Affairs. It must be noted that the Department of Public Works has plans to develop a precinct in Nelspruit, which will meet the requirements of User Departments.
31 July 2017 - NW1929
Kohler, Ms D to ask the Minister of Public Works
(a) What number of government buildings have defaulted on paying (i) rates, (ii) electricity and (iii) water bills in each of the past 10 financial years in each province and (b) what are the relevant details in each case?
Reply:
The municipal debt of March 2015 as published by National Treasury in terms of Section 71 of the Municipal Finance Management Act (MFMA) was calculated to be at a value of R 96 billion. Of this debt, National and Provincial departments owed R 5.2 billion and the difference was owed by commercial and households groups.
Following the publishing of this debt and its impact on service delivery, Government embarked on a process to verify with a view to settle it. In this regard, the National Inter-Governmental Task Team (NIGTT) was established to oversee the project. The project was spearheaded by the Department of Public Works and includes various departments such as: the Department of Performance and Monitoring in the Presidency, the Department of Cooperative Governance, National and Provincial Departments of Public Works, National Treasury, the Department of Rural Development and Land Reform and the South African Local Government Association.
The main objective of the project was to verify arrear debt (which was based on a 7 year period) for property rates and municipal service charges pertaining to immovable assets owned/vested, leased and used by National and Provincial Government Departments and make recommendation for payment.
The table below indicates the reported R 5.2 billion as per the Section 71 report and the subsequent payments made since the pushing of the Section 71 report.
PROVINCE |
SECTION 71 |
VERIFIED |
SIGNED-OFF |
PAYMENTS POST 31 MARCH 2015 |
Eastern Cape |
R 439,020,000 |
R 255,132,647 |
R 232,356,083 |
R 81,748,672 |
Free State |
R 806,719,000 |
R 509,967,685 |
R 516,299,163 |
R 283,045,017 |
Gauteng |
R 1,207,654,000 |
R 982,028,535 |
R 983,633,032 |
R 506,614,846 |
Kwazulu-Natal |
R 795,855,000 |
R 391,792,787 |
R 333,095,484 |
R 56,343,807 |
Limpopo |
R 254,920,000 |
R 353,550,025 |
R 252,843,667 |
R 288,208,696 |
Mpumalanga |
R 647,918,000 |
R 539,042,992 |
R 534,939,846 |
R 98,251,890 |
North West |
R 570,062,000 |
R 438,309,396 |
R 369,746,117 |
R 290,830,397 |
Northern Cape |
R 400,360,000 |
R 428,801,716 |
R 431,706,006 |
R 29,362,844 |
Western Cape |
R 118,564,000 |
R 101,811,335 |
R 101,700,081 |
R 48,238,106 |
Total |
R 5,241,072,000 |
R 4,000,437,118 |
R 3,756,319,478 |
R 1,682,644,276 |
The analysis and verification process uncovered the fact that the amount published in terms of Section 71 report was overstated by about R1.2 billion as the actual verified amount was R4 billion. After the verification process, the Municipal Managers and the CFOs from 256 municipalities signed-off the verification report depicting the verified debt. The rest of municipalities were not fully cooperative in the process.
After engagements with debtor departments to settle the verified and signed-off municipal debt, there were concerns that the debt was not accurate according to their records. Departments decried the debt picture painted by municipalities and requested that a settlement process be undertaken for them to confirm the verified debt. This was as a result of a number of issues they raised which ranged from, amongst the others: the uncorroborated opening balances, misallocated payments, incorrect billings, unfair interest charges, incorrect property ownership records, etc.
Based on the concerns, a settlement process was undertaken and departments were given an opportunity to either confirm or dispute the debt with clear reasons and detailed records of the debt (i.e. account numbers and property details). By the end of the project, most departments were still struggling to sign-off reports in terms of their confirmation or disputing of the debt.
The table below further highlights challenges experienced by both municipalities and government departments:
From Municipalities Side |
From Departments Side |
|
|
Unfortunately, whilst the departments are still struggling to confirm the debt owed, municipalities on the other hand continue with the practice of reporting incorrect debt to National Treasury. Currently, the debt owed to municipalities has increased to R6.5 billion and engagements are being made with various stakeholders and forums to ensure that the root causes of the spiralling debt are addressed.
The following have been agreed as root causes:
- Historical legacy (Pre and Post 1994 property ownership dispensations)
- State Properties on the Deeds Records (RSA properties)
- Vesting and Transfer process
- Facilities on non-state land (SDF’s)
- Un-surveyed properties
- Immovable Asset Registers challenges
- Agreements (MoA/Us and Lease) or lack thereof for the occupation of properties and payment of municipal charges
- Non-payment of State properties (due to unclear vesting)
- Incorrect application of tariff charges
- Incorrect reporting
- Misallocations
- Budget Constraints
- Resource capacity challenges (Insufficient skilled staff, systems, and policies)
The following are proposed as Key Practical Solutions:
- Naming conventions – Enhancing name records of State Properties to reflect Custodian names
- Fast tracking the vesting process by forming more committees and updating delegations (Formalizing Substance Over Form)
- Fast tracking the transfer process
- Signing agreements with owners of land and agreeing on clear terms and municipal charges responsibilities
- Quantifying surveying costs, requesting/reprioritizing funding and appointing surveyors
- Enhancement of Immovable Asset Registers by ensuring alignment with Deeds, MVRs and CSG.
- Applying fair values on SDFs and paying rates based thereon
- Issuing a clear policy on payment for deemed State properties
- Close oversight of municipalities by DCoG and SALGA on the compliance with MPRA
- Issuing an instruction to all municipalities who signed the verified reports to adjust their debt reports accordingly
- Issues an instruction for municipalities to clear their Suspense Accounts and properly allocate receipts from departments
- Once the Immovable Asset Register is enhanced/completed, request budget allocation on rates and municipal charges proportional to the assets owned
- Fill critical vacancies that deal with municipal payments, municipal revenue departments, and property registers
- Develop clear policies and introduce effective billing systems
Since the project has come to an end, monthly progress reports are being requested from departments on how they are addressing the root causes and settlement of arrear debt. The NIGTT and the Steering Committee continues to have meetings to record progress being made.
With specific reference to the Public Works portfolio, the Department is the custodian of, and manages an extensive property portfolio that comprises 29 070 registered and unregistered land parcels (on 5,4 million hectares of land) on which 93 928 buildings (measuring 36,8 million square meters in extent) are located across 52 client departments countrywide. Given the enormity of the portfolio, it is a complex task to determine what is rateable and non-rateable. For example: The Pollsmoor prison has different types of land (agricultural, residential, commercial), however the municipality provides its billing using one rate - the commercial rate. This happens to be the highest rate, therefore charging the Department a lot of money in the process.
The interventions by the Department to remedy the historical problems that exists includes the Due Diligence Quality Review of Departments Immovable Assets Register. The scope of work addresses identification, verification, validation and ownership of all land parcels that are and should form part of Departments Immovable Asset Register. The current scope of work extends to linking accounts in Departments Property Management Information System (PMIS) to the verified Immovable Asset Register. The linking process entails the collection of all municipal rates invoices (from 234 municipalities) associated with the National Department of Public Works. To date, invoices from 55% of the municipalities have been collected and are being analysed. The analysis entails linking the rates invoices collected from the municipality to the existing Immovable Asset Register masterfile. Once the linking reconciliation has been verified and completed the Department will be in the position to investigate and determine its complete municipal rates liability or contingent liability. This will also enable Department to conduct an in depth analysis of tariffs, valuations and land use applied in the municipal bills.
19 June 2017 - NW1539
Kohler, Ms D to ask the Minister of Public Works
(1)How many permanent employees of each municipality were found to have been recipients of Extended Public Works Programme jobs while in the employ of the specified municipalities (a) in the (i) 2014-15, (ii) 2015-16 and (iii) 2016-17 financial years and (b) since 1 April 2017; (2) have any of the specified employees (a) been (i) suspended, (ii) arrested and (iii) dismissed or (b) faced any other form of sanction as a result; if not, in each case, why not; if so, what are the relevant details in each case?
Reply:
The information required involves a lot of stakeholders whom we are still engaging. Therefore in order for us to provided accurate information we will need more clarity from them. A comprehensive reply will follow soon.
19 June 2017 - NW1538
Kohler, Ms D to ask the Minister of Public Works
(a) How many permanent employees of the eThekwini Metropolitan Municipality were found to have been recipients of Extended Public Works Programme (EPWP) jobs while in the employ of the specified municipality (i) in the (aa) 2014-15, (bb) 2015-16 and (cc) 2016-17 financial years and (ii) since 1 April 2017 and (b) what total amount of the R2,5 million loss incurred due to transgressions in paying EPWP beneficiaries has been recovered to date?
Reply:
The Department is still busy collecting the information as soon as answers are made available a comprehensive reply will be provided to you.
09 June 2017 - NW1500
Matsepe, Mr CD to ask the Minister of Public Works
Whether (a) his department and (b) each entity reporting to him procured any services from and/or made any payments to (i) a certain company (name furnished) or (ii) any other public relations firms; if not, in each case, why not; if so, in each case, what (aa) services were procured, (bb) was the total cost, (cc) is the detailed breakdown of such costs, (dd) was the total amount paid, (ee) was the purpose of the payments and (ff) is the detailed breakdown of such payments?
Reply:
(a) Services procured and payments made by his Department
According to supply chain records at the disposal of the Department, which were sourced and verified against the ERP systems, no services were procured from:
(i) Bell Pottinger.
(ii) No services were procured from any other public relations firms.
(aa), (bb), (cc), (dd), (ee), and (ff) Not Applicable
(b) Public Entities Reporting to the Department
(i) All the public entities reporting to the department of public works namely:
Independent Development Trust (IDT), Agrement South Africa (ASA), Council for Built Environment (CBE) and Construction Industry Development Board (CIDB) did not procure any services nor did they make payments to Bell Pottinger or any other public relations firms.
(ii) Only the Construction Industry Development Board (CIDB) procured services from other public relations firms
Construction Industry Development Board (CIDB) in the 2016/17 financial year end, procured services from and/or made any payments to Blackmoon advertising and Research (Pty) Ltd and Litha Communications (Pty) Ltd, public relations firms for the following services and costs:
bb) 1,615,673.39
(aa) & (ee) Services procured |
Blackmoon and Advertising (Pty) Ltd |
Litha Communications (Pty) Ltd |
(dd) & (ff) Total paid |
(cc) Detailed breakdown of costs |
|||
Design, layout & printing of Annual reports |
504,232.37 |
85,215.00 |
589,447.37 |
Design and layout of internal newsletters |
52,119.66 |
52,119.66 |
|
Design, layout and printing of external newsletters |
71,139.14 |
70,548.40 |
141,687.54 |
Design, layout and printing of poster, invitation cards and programmes |
12,950.40 |
12,950.40 |
|
Reprinting of existing documents |
497,472.24 |
97,059.60 |
594,531.80 |
Research, conceptualising and writing of articles |
33,143.51 |
33,143.51 |
|
Advertising in different media |
- |
- |
- |
Corporate gifts sourcing and branding |
100,218.08 |
28,371.75 |
128,589.83 |
Photography |
37,324.74 |
25,878.50 |
63,203.24 |
(bb) Total cost |
1,308,600.14 |
307,073.25 |
1,615,673.39 |
06 June 2017 - NW1231
Redelinghuys, Mr MH to ask the Minister of Public Works
Whether (a) his department and (b) each entity reporting to him has (i) procured any services from and/or (ii) made any payments to the Decolonisation Foundation; if not, in each case, what is the position in this regard; if so, what (aa) services were procured, (bb) were the total costs, (cc) is the detailed breakdown of the costs, (dd) was the total amount paid, (ee) was the purpose of the payments and (ff) is the detailed breakdown of the payments in each case?
Reply:
(a) No. The Department of Public Works
(i) has not procured any services from the Decolonisation Fund.
(ii) no payments were made to the organisation stated above
Thus, responses to (aa), (bb), (cc), (dd), and (ff) fall away.
(b) (i) None of the Public Entities reporting to the Department of Public Works has procured any services to the Decolonisation Foundation.
(ii) No payments were made to the Decolonisation Foundation.
Thus, responses to (aa) (bb) (cc) (dd) (ee) and (ff) fall away.
05 June 2017 - NW1386
Van der Westhuizen, Mr AP to ask the Minister of Public Works
(1) Which government department or entity is currently (a) the owner of the land and (b) responsible for the management of the human settlements of former forestry workers in the Jonkershoek Valley outside Stellenbosch; (2) is there a maintenance plan and budget for the maintenance of the general infrastructure and houses of these settlements; if so, what are the relevant details; (3) what (a) is the total number of houses and (b) amount has been spent on the maintenance and/or replacement of the (i) infrastructure and (ii) houses in the specified area in the past three financial years; (4) (a) what are his department’s plans regarding the future of these properties and its inhabitants and (b) do these plans include the transfer of ownership to another entity or government department; (5) what contribution does his department intend to make towards the upgrading of the infrastructure and/or the maintenance of the settlements in the area before such transfers?
Reply:
1. a) The National Department of Public Works is the custodian of the Jonkershoek Forest Reserve Farm 352 and the unregistered portion 4 also known as “Op-die-Bult Jonkershoek”
(b) The National Department of Public Works is currently negotiating with the Stellenbosch Municipality to assume responsibility for the human settlement of former forest workers by means of the disposal of the property to that municipality.
(2) No, currently there are no funds available for the maintenance of the general infrastructure and houses of the settlement, hence negotiations with the
Stellenbosch Municipality to assume responsibility for the settlement.
(3) (a) 18 formal structures have been confirmed at Op-die-Bult, with 123 households recorded in the broader Jonkerhoek Mixed Use Precinct. These
figures are from the time when the property was returned to Department by the South African Forestry Company Limited (SAFCOL) acting on behalf of
the then Department of Water Affairs and Forestry.
(b) (i) No funds have been spent on the infrastructure
(b) (ii) No funds have been spent on the houses
(4) (a) The Department is currently negotiating with the Stellenbosch municipalityto take over the properties together with their inhabitants as it is best-placed to provide appropriate standards of human settlement
(b) Yes, it is envisaged that the Department will hand over the properties to the Stellenbosch Municipality for management of the human settlement according to prescribed standards.
(5) The National Department of Public Works aims to transfer the land to the Stellenbosch Municipality. Other relevant Departments e.g. Department of
Human Settlements, COGTA, Department of Rural Development etc. will then be drawn in as an intergovernmental team to assist with housing and
infrastructure in formalising the settlement in terms of their core function.
05 June 2017 - NW1175
Kopane, Ms SP to ask the Minister of Public Works
(1) Whether any money is owed to his department by other government (a) departments and (b) entities; if so, (i) what amount is owed to his department by other national departments and public entities, (ii) what amount is still outstanding and (iii) what are the reasons for not paying as required; (2) what appropriate action was taken by his department to recoup the monies owed to it?
Reply:
The Department of Public works manages accommodation requirements of national departments through the Property Management Trading Entity (PMTE). Included in this mandate is the provision of accommodation through state owned and leased properties, construction of new accommodation, major refurbishment of existing properties and management of municipal services.
State-owned accommodation charges are billed quarterly in advance in line with the devolution framework principles developed at the time of establishment of the PMTE. The process that is followed to recover monies relating to private leases, municipal services, Client Infrastructure spending (Capital allocation) and other recoverable infrastructure projects (referred to as PACE and CA) is as follows:
- PMTE pays lessors, contractors and municipalities on behalf of user departments;
- At the end of the month, the recoverable costs are consolidated per client;
- Invoices are then issued to clients in arrears;
- User departments have 30 days to settle debts in terms of the PFMA;
- However, in practice this gives rise to 60 days delay in matching the expense with the revenue.
As at the end of March 2017, R2, 854 billion was outstanding from national departments (Annexure: A) and R195 billion from other organs of state (Annexure: B).
In line with established inter-governmental cooperation principles, the PMTE has regular interactions with user departments for the recovery of outstanding debts and is assisted by the National Treasury where additional funding is required.
05 June 2017 - NW1102
Kohler, Ms D to ask the Ms D Kohler (DA) asked the Minister of Public Works
(1) Whether Erf 81 situated in Tamboerskloof, Cape Town, Western Cape falls under the care of his department; if not, what are the relevant details; if so; (2) whether this property is being considered for transfer to another entity or department; if so, what are the relevant details; (3) what is the intended use of this property?
Reply:
1. Yes, Erf 81 situated in Tamboerskloof, Cape Town, Western Cape falls under the care of National Public Works Department.
2. The property is being considered for transfer to the Department of Defence, which has requested that this property – as well as all other Endowment properties – be returned to the Department of Defence for their own use. The property is an Endowment property owned by Department of Defence and is under the custodianship of National Department of Public Works.
3. The property is intended to be used by the Department of Defence for their own needs.
05 June 2017 - NW1313
Kopane, Ms SP to ask the Minister of Public Works
(1) Whether his department leases any properties to non-governmental tenants; if not, what is the position in this regard; if so, (a) how many properties, (b) to whom are the properties leased and (c) in which (i) municipalities and (ii) provinces are the properties situated in each case; (2) whether lease agreements were signed for the leasing of the specified properties; if not, why not; if so, (a) what amount does each non-governmental tenant pay in each month and (b) what are the further relevant details
Reply:
1. Yes, there are properties that are let out to non-governmental tenants.
(a) As at 31March 2017, there were 1175 surplus properties let to non-governmental tenants;
(b) These properties are leased to non-governmental tenants such as churches, private individuals, companies, not for profit organisations, etc.
(c) These properties are spread across the country in all provinces and various municipalities (refer to attached annexure A).
2. Lease agreements were signed with these tenants. However, there are instances where the lease agreements have since expired and are in the process of being renewed.
The department embarked on Operation Bring Back (OBB) specifically to ensure all properties of state are accounted for and utilised appropriately. The department has a team which is visiting all properties to ensure they are secured, and any illegal occupants engaged and that all leases are regularised. For vacant properties, and expired leases, the department advertised these properties to ensure that we achieve legal occupation speedily, not all the expired leases have been renewed, as this is an ongoing process.
The rental amounts vary for each property as per the attached annexure.
(a) Further details with respect to the leased properties are as per the attached annexure.
05 June 2017 - NW1312
Kopane, Ms SP to ask the Ms S P Kopane (DA) asked the Minister of Public Works
Whether his department is paying (a) rent, (b) maintenance and/or (c) bonds for any vacant and/or unoccupied properties; if not, what is the position in this regard; if so, (i) for how many properties, (ii) what are the reasons in each case, (iii) why are the specified properties unoccupied, (iv) in which (aa) municipalities and (bb) provinces are the specified properties situated and (v) what amount is his department paying in each case per month?
Reply:
The information required is being collected from various Divisions and stake holders which in turn must still be collated and verified so as to provide an accurate information. Therefore a consolidate response will be provided soon.
22 May 2017 - NW972
Topham , Mr B to ask the Minister of Public Works
(1) With reference to the reply to question 71 on 24 February 2017 regarding the abandoned and vandalised property situated at 18 Market Street, Stellenbosch, (a) what is the breakdown of the total costs to his department (details furnished) since the property was handed back to his department, (b) on what date was the property handed back to his department and (c) has the property rendered any income during the specified period; (2) has the envisaged condition assessment and feasibility study already commenced; if so, (a) what is the progress in this regard and (b) what are the estimated costs to restore the property to its former condition; (3) has his department received and considered the request by the Stellenbosch Local Municipality to transfer the property to the municipality as one of the options regarding the future of the property; if so, what is the response of his department to this request; (4) has a decision regarding the long-term future of the property been taken; if not, when will such a decision be expected; if so, what are the details of the decision? NW1100E
Reply:
1. (a) Breakdown of total costs from date of handover of 18 Mark Street, Stellenbosch
Year |
Security |
Clearing of the property |
Municipal Services |
TOTAL |
2014 |
R25 792.90 |
R2 207.80 |
R27 955.98 |
R55 956.68 |
2015 |
R136 060.32 |
R29 194.85 |
R165 255.17 |
|
2016 |
R271 804.00 |
R30 037.87 |
R301 841.87 |
|
2017 |
R17 329.00 |
R30 453.50 |
R47 782.50 |
|
YTD |
R450 986.22 |
R32 661.30 |
R87 188.70 |
R570 836.22 |
Since the handover, the property has been secured with shutter boards and the
rubble that was present on the property has been removed.
(b) The property was handed back to the Department on 10 July 2014’.
(c) No, given the condition of the property, it has not rendered any income during the period.
2. (a) The Department has received offers for the use of the property and is currently in the
process of evaluating the offers. As part of evaluating the offers received, the Department
will have concluded the condition assessment of the property by 15 May 2017.
(b) The estimated cost to restore the property will be available following the conclusion of the condition assessment.
3. No request has been received from the Stellenbosch Municipality for transfer of the property.
4. The Department has received offers for the use of the property and is currently in the process of evaluating the offers. The Department is aiming to have a decision made on the offers by 31 May 2017.
22 May 2017 - NW998
Maimane, Mr MA to ask the Minister of Public Works
With reference to his reply to question 549 on 24 April 2017, (a) how many contracts does his department have with certain companies (names and details furnished) and (b) what is the (i) length, (ii) description and duration and (iii) monetary value of each contract?
Reply:
The department is still trying to collate all the relevant information from other Divisions and Provinces in order to give accurate response which will soon be provided.
22 May 2017 - NW997
Maimane, Mr MA to ask the Minister of Public Works
(a) How many employees in his department who were suspended as a result of their involvement in the upgrades to the President’s private property at Nkandla are receiving full pay while suspended, in each case and (b) in each case, (i) for how long has this been the case and (ii) what is the total cost to the department in rand?
Reply:
(a) None.
(b)(i), (ii) Not applicable.
22 May 2017 - NW996
Maimane, Mr MA to ask the Minister of Public Works
Does his department intend to repair, upgrade or renovate any property on the President’s private property at Nkandla; if so, (a) what is the exact nature of such repairs, upgrades or renovations and (b) on what date was he informed of such repairs, upgrades or renovations?
Reply:
Minister of Public Works:
The Department does not intend to repair, upgrade or renovate any property on the President’s private property at Nkandla.
(a) Not applicable.
(b) Not applicable.
22 May 2017 - NW955
Shivambu, Mr F to ask the Mr N F Shivambu (EFF) asked the Minister of Public Works
Whether his department has conducted any assessment of the (a) infrastructure repairs and (b) maintenance in line with security upgrades required at the private residence of the President, Mr Jacob G Zuma, in Nkandla, KwaZulu-Natal; if not, what is the position in this regard; if so, (i) on what date was each assessment conducted, (ii) which contractor conducted the assessment, (iii) what amount was the contractor paid, (iv) did the assessment indicate that there is more infrastructure repair and maintenance required, (v) what is the estimated cost and (vi) has the work already commenced? MINISTRY PUBLIC WORKS REPUBLIC OF SOUTH AFRICA Department of Public Works l Central Government Offices l 256 Madiba Street l Pretoria l Contact: +27 (0)12 406 2034 l +27 (0)12 406 1224 Private Bag X9155 l CAPE TOWN, 8001 l RSA 4th Floor Parliament Building l 120 Plain Street l CAPE TOWN l Tel: +27 21 468 6900 Fax: +27 21 462 4592 www.publicworks.gov.za NATIONAL ASSEMBLY QUESTION NUMBER: 955 [NW1083E] INTERNAL QUESTION PAPER: NO. 15 of 2017 DATE OF PUBLICATION: 05 MAY 2017 DATE OF REPLY: MAY 2017 955.Mr N F Shivambu (EFF) asked the Minister of Public Works: Whether his department has conducted any assessment of the (a) infrastructure repairs and (b) maintenance in line with security upgrades required at the private residence of the President, Mr Jacob G Zuma, in Nkandla, KwaZulu-Natal; if not, what is the position in this regard; if so, (i) on what date was each assessment conducted, (ii) which contractor conducted the assessment, (iii) what amount was the contractor paid, (iv) did the assessment indicate that there is more infrastructure repair and maintenance required, (v) what is the estimated cost and (vi) has the work already commenced? NW1083E ________________________________________________________________ Reply: Minister of Public Works: (a) The Department has not conducted any comprehensive building condition assessments regarding infrastructure repairs, except for an assessment of the structural damage to one of the security features at the private residence of the President, Mr Jacob G Zuma, in Nkandla, KwaZulu-Natal. The South African Police Service (SAPS) conducted a physical assessment of the security features at the said premises. (b)The Department has not conducted any maintenance assessments of the security upgrades at the private residence of the President, Mr Jacob G Zuma, in Nkandla, KwaZulu-Natal. The position is that the Department will assess and consider such if requested and permitted by the owners if necessary. (a)(i)The assessment of the structural damage to one of the security features was conducted on 29 June 2016 and the physical assessment of the security features was done by the SAPS on 30 March 2015. (a)(ii)The assessment of the structural damage to one of the security features was done by the Department and the physical assessment of the security features was done by the SAPS. (a)(iii)Not Applicable (a)(iv)Regarding the assessment of the structural damage to one of the security features, there was no indication that there is more infrastructure repair required. Regarding the physical assessment of the security features done by the SAPS, the question should be addressed to the SAPS. (a)(v)A cost estimate has not been done regarding the repair of the structural damage to the said security feature. Regarding a cost estimate relating to the physical assessment of the security features done by the SAPS, the question should be addressed to the SAPS. (a)(vi)The work on the infrastructure repairs to the said security feature has not commenced. Regarding work relating to the physical assessment of the security features done by the SAPS, the question should be addressed to the SAPS. (b)(i) – (vi)Not Applicable.
Reply:
Minister of Public Works:
(a) The Department has not conducted any comprehensive building condition assessments regarding infrastructure repairs, except for an assessment of the structural damage to one of the security features at the private residence of the President, Mr Jacob G Zuma, in Nkandla, KwaZulu-Natal. The South African Police Service (SAPS) conducted a physical assessment of the security features at the said premises.
(b) The Department has not conducted any maintenance assessments of the security upgrades at the private residence of the President, Mr Jacob G Zuma, in Nkandla, KwaZulu-Natal. The position is that the Department will assess and consider such if requested and permitted by the owners if necessary.
(a)(i) The assessment of the structural damage to one of the security features was conducted on 29 June 2016 and the physical assessment of the security features was done by the SAPS on 30 March 2015.
(a)(ii) The assessment of the structural damage to one of the security features was done by the Department and the physical assessment of the security features was done by the SAPS.
(a)(iii) Not Applicable
(a)(iv) Regarding the assessment of the structural damage to one of the security features, there was no indication that there is more infrastructure repair required. Regarding the physical assessment of the security features done by the SAPS, the question should be addressed to the SAPS.
(a)(v) A cost estimate has not been done regarding the repair of the structural damage to the said security feature. Regarding a cost estimate relating to the physical assessment of the security features done by the SAPS, the question should be addressed to the SAPS.
(a)(vi) The work on the infrastructure repairs to the said security feature has not commenced. Regarding work relating to the physical assessment of the security features done by the SAPS, the question should be addressed to the SAPS.
(b)(i) – (vi) Not Applicable.
05 May 2017 - NW665
Maimane, Mr MA to ask the Minister of Public Works
(a) How many officials in his department who were found to have been involved in the Nkandla scandal, have been (i) criminally or (ii) civilly charged and (iii) dismissed from their employ and (b) what is the total remuneration earned by each of the specified officials in each of the past five financial years
Reply:
(a)
(i) The Special Investigating Unit referred evidence of possible criminal liability against three former officials of the Department of Public Works who were involved in the Nkandla matter to the relevant Prosecuting Authority. None of the three former officials were criminally charged, as the National Prosecuting Authority declined to prosecute any of them.
(ii) None.
(iii) None.
(b) The total remuneration earned by each of the specified officials from 1 April 2011 until the time of termination of the services was:
- R2 398 851.00 (01/April/2011 to 30/June/2013);
- R2 450 384.25 (01/April/2011 to 31/October/2012); and
- Nil (the employee was not in the employment of the Department in the past five financial years from 01 April 2011 to 31 March 2016).
05 May 2017 - NW664
Maimane, Mr MA to ask the Minister of Public Works
(a) What is the current status of the (i) 44 criminal cases, (ii) 15 civil cases and (iii) 64 disciplinary processes recommended by the Special Investigating Unit to be instituted against the officials in his department for their involvement in the Nkandla scandal, (b) what are the names and positions of each of the specified officials, (c) what is the total number of officials who are still employed by (i) his department and (ii) any other government department (d) what is the total number of officials who received bonuses in each of the past five financial years and (e) what was the total amount received in each case?
Reply:
a) (i)The Special Investigating Unit (SIU) referred evidence for possible criminal action against three (not 44) former senior officials of the Department of Public Works and one contractor involved in the Nkandla matter to the relevant Prosecuting Authority. The latter declined to prosecute the three officials and the enquiry against the contractor is apparently still pending.
(ii) The SIU instituted a civil claim (not 15 cases) against Makhanya Architects, the principal architect in the Nkandla matter, in the KwazuluNatal High Court. The proceedings are pending.
(iii) The Special Investigating Unit referred evidence for possible disciplinary action against 12 (not 64) employees of the Department of Public Works who were involved in the Nkandla matter to the Department. The Department instituted disciplinary actions against all 12 of the employees. One employee pleaded guilty and he was found guilty of misconduct. The penalty was suspension without pay and a final written warning. One of the employees passed away. The disciplinary hearings against the remaining ten employees have commenced.
b) The names of twelve officials that were subjected to disciplinary hearings cannot be disclosed until the cases have been finalised.
(c) (i) and (ii) 11 employees are still employed by the Department.
(d) Six employees received performance bonuses
(e) Total amount received in each case during the period from 1 April 2012 to March 2017:
R28 702 87
R11 205.66
R60 766.85
R42 097.35
R57 210.65
R22 759.97
05 May 2017 - NW933
Majola, Mr TR to ask the Minister of Public Works
(1) Whether there is any position of (a) chief executive officer, (b) chief financial officer and/or (c) chief operating officer that is currently vacant in each entity reporting to him; if so, (i) how long has each specified position been vacant and (ii) what is the reason for each vacancy; (2) Have the vacancies been advertised; if so, (a) were interviews done and (b) on what date will the vacancies be filled; (3) (a) what is the total number of persons who are currently employed in the specified positions in an acting capacity, (b) for what period has each person been acting in each position and (c) has any of the specified persons applied for the positions? NW1002E
Reply:
Minister of Public Works:
The above questions are not applicable to Independent Development Trust (IDT) and Agrement South Africa (ASA).
In terms of:
Council for Built Environment (CBE)
Parliamentary Question |
Departmental Response |
(1) Whether there is any position of (a) Chief executive officer, (b) Chief financial officer and/or (c) Chief operating officer that is currently vacant in each entity reporting to him |
a) Yes (b) No (c) No (However the incumbent has been moved to act as the CEO and her position temporarily occupied by the Manager: Regulations and Legal Services.) |
(i) If so; how long has each specified position been vacant |
(i) The Chief Executive Officer (CEO) position has been vacant since suspension of the former CEO on 31 March 2015 and The COO position has been occupied by an acting official since 11 November 2016. |
ii) what is the reason for each vacancy; |
(ii) The former CEO was suspended since 31 March 2015. The Chief Operations Officer (COO) position is not vacant, however due to her appointment as the Acting CEO, the Manager: Regulations and Legal Services was appointed to act as the COO. |
(2) Have the vacancies been advertised; |
The position of the CEO will be advertised in the month of April 2017 . |
(a) if so, were interviews done and |
(a) Not Yet. |
(b) on what date will the vacancies be filled; |
The process will be finalised by 31 July 2017. |
(3) (a) what is the total number of persons who are currently employed in the specified positions in an acting capacity |
(a) Only two (2) officials are currently acting in the specified positions. The COO who is currently the Acting CEO and the Manager: Regulations and Legal Services who is Acting as the COO. |
(b) for what period has each person been acting in each position and |
(b)The Acting CEO was appointed effective as from 1 April 2015 to date and the Acting COO has been acting since 11 November 2016 to date. |
(c) has any of the specified persons applied for the positions? |
(c) The position has been advertised yet. |
In terms of:
Construction Industry Development Board (CIDB)
Parliamentary Question |
Departmental Response |
(1) Whether there is any position of (a) Chief executive officer, (b) Chief financial officer and/or (c) Chief operating officer that is currently vacant in each entity reporting to him |
a) Yes (b) Yes (c) Yes |
(i) If so; how long has each specified position been vacant |
(i)
|
ii) what is the reason for each vacancy; |
(ii)
|
(2) Have the vacancies been advertised; |
(2)
|
(a) if so, were interviews done and |
(a) No, according to the project plan, interviews will start from 18 April onwards. |
(b) on what date will the vacancies be filled; |
(b)The anticipated date of appointment of the CEO is 01 July 2017. |
3(a) what is the total number of persons who are currently employed in the specified positions in an acting capacity |
3(a) Only one (1) official. The Acting CEO. The other positions are still vacant to date. |
(b) for what period has each person been acting in each position and |
(b) CEO position has been vacant for 2 Years 2 months
|
(c) has any of the specified persons applied for the positions? |
(c) None of the officials applied. The CEO recruitment / head hunting process is still underway. |
24 April 2017 - NW700
Hill-Lewis, Mr GG to ask the Minister of Public Work
(1) Did (a) his department or (b) any entity reporting to him participate in the Dialogue with the President: Unpacking of the SONA 2017 on Radical Economic Transformation Implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017; if so, what amount was spent in each case; (2) did (a) his department or (b) any entity reporting to him participate in the auction of the (i) souvenirs or (ii) personal belongings of the President of the Republic, Mr Jacob G Zuma; if so, (aa) which items were purchased and (bb) at what cost, in each case?
Reply:
(1)
(a) and (b) No.
(2) (a) and (b) No.
(aa) and (bb) Fall away.
24 April 2017 - NW549
Lotriet, Prof A to ask the Minister of Public Works:
(a) What are the (i) full names and (ii) registration numbers of each company contracted directly and indirectly for the upgrades to the Nkandla homestead of the President of the Republic, Mr Jacob G Zuma, (b) what is the total number of the specified companies that have been blacklisted as of 28 February 2017 and (c) what is the total number of the specified companies that have been contracted by the State in any capacity after their involvement in the upgrades at Nkandla? NW606E
Reply:
a)(i)(ii)
Name of Company |
Company Registration Number |
Minenhle Makhanya Architects - |
Reg. No 2007/116878/23 |
Igoda Projects - |
Reg. No. 1999/026799/07 |
Otis - |
Reg. No. 1948/030021/07 |
SA Bullet Resistant Glass Company - |
Reg. No. 1981/008671/07 |
Pro-Hydraulics - |
Reg. No. 1991/032516/23 |
Mustapha Cachalia Engineering - |
Reg. No. 2000/011218/23 |
Ramcon - |
Reg. No. 2002/003039/23 |
Ibhongo Consulting - |
Reg. No. 2002/022359/23 |
Ilangalethu Consult / R/G Consulting - |
Reg. No. 2003/086502/23 |
Bonelena Construction Enterprise and Projects - |
Reg. No. 2005/07916/23 |
E Magubane - |
Reg. No. 2006/056588/23 |
Betafence Projects SA - |
Reg. No. 2010/019623/07 |
CA Du Toit - |
Reg. No. 1971/001759/07 |
Moneymine 310 CC - |
Reg. No. 2002/06532/23 |
b) The department of Public works has not placed any supplier on the restricted supplier database, however, the Department of Public Works has started a process to place suppliers on the restricted supplier database where there is evidence that the supplier has breached the SCM policy and/or the National Treasury Regulations.
c) According to the records at the disposal as sourced from the ERP system of the Department from 1 August 2014 to date, 8 of the 14 specified companies have been contracted by the Department, namely:
Name of Company |
Company Registration Number |
Otis - |
Reg. No. 1948/030021/07 |
Pro-Hydraulics - |
Reg. No. 1991/032516/23 |
Mustapha Cachalia Engineering - |
Reg. No 2000/011218/23 |
Ilangalethu Consult / R/G Consulting - |
Reg. No. 2003/086502/23 |
Bonelena Construction Enterprise and Projects - |
Reg. No. 2005/07916/23 |
E Magubane - |
Reg. No. 2006/056588/23 |
CA Du Toit - |
Reg. No. 1971/001759/07 |
24 April 2017 - NW464
Dreyer, Ms AM to ask the Minister of Public Works
Whether his department procured any services from and/or made any payments to (a) Mr Mzwanele Manyi, (b) the Progressive Professionals Forum, (c) the Decolonisation Fund and/or (d) the Black Business Council; if not, in each case, why not; if so, what (I) services were procured, (ii) was the total cost, (iii) is the detailed breakdown of such costs, (iv) was the total amount paid, (v) was the purpose of the payments and (vi) is the detailed breakdown of such payments in each case?
Reply:
No. The Department of Public Works has not procured any services from:
(a) Mr Mzwanele Manyi.
(b) Progressive Professionals Forum.
(c) the Decolonisation Fund; and or
(d) the Black Business Council.
Therefore no payments have been made to the person and organanisations in question.
(I), (ii), (iii), (iv), (v) and (vi) Fall way.
23 March 2017 - NW368
Stander, Ms T to ask the Ms T Stander (DA) asked the Minister of Public Works
What is the (a) make, (b) model, (c) price and (d) date on which each vehicle was purchased for use by (i) him and (ii) his deputy (aa) in the (aaa) 2014-15 and (bbb) 2015-16 financial years and (bb) since 1 April 2016?
Reply:
(i) The Minister of Public Works
(a) and (b) Make & Model |
(c) Price |
(d) Date purchased |
BMW X5 F15 XDrive 4.0D |
R918 459.61 |
12 November 2015 |
(ii) The Deputy Minister of Public Works
(a) and (b) Make & Model |
(c) Price |
(d) Date purchased |
Volkswagen Touareg 3.0 V6 TDI |
R709 484.00 |
21 November 2014 |
BMW F10 535i |
R681 432.34 |
01 January 2015 |
(bb) No motor vehicle has been purchased since 01 April 2016.
24 February 2017 - NW71
Van der Westhuizen, Mr AP to ask the Minister of Public Works
(1) (a) Under which office of his department does the historic property situated at 18 Mark Street, Stellenbosch, fall, (b) who is the head of the specified office, (c) when was the specified property vacated and (d) why was the specified property (i) abandoned and (ii) severely vandalised; (2) whether any plans have been put in place to perform any maintenance tasks on the specified property; if not, why not; if so, what are the (a) relevant details and (b) envisaged timelines in this regard; (3) whether any disciplinary processes have been instituted against any of his department’s employees for allowing the specified property to be abandoned and vandalised; if not, (a) why not and (b) by when will disciplinary processes be instituted; if so, what are the relevant details of the outcomes of each disciplinary process?
Reply:
The Minister of Public Works
(1) (a) The property situated at 18 Mark Street in Stellenbosch falls under the Property
Management Trading Entity (PMTE) of the Department of Public Works (DPW) and within the ambit of our Cape Town region.
(b) Mr Frederick Johnson is the Cape Town Office Regional Manager.
(c) This property was allocated to the South African Police Service (SAPS), who in turn allocated the property to an SAPS official. I am informed that the property was vacated in November 2013.
(d) (i) and (ii) The official to whom the residence was allocated reportedly vacated the property following a burglary in 2013. The DPW was, however, not notified of this. As the custodian of all State-owned properties at national level, the DPW allocates accommodation to User Departments based on their specified requirements. The allocation of residential accommodation to be occupied by officials, however, remains the prerogative of the User Department. No agreement therefore exists between the Department and the actual individual occupying the property. The User Department only informed the Department that the occupant had vacated the property in June 2014. During the handback, an inspection of property was conducted by the Department, and it revealed that the property had been abandoned and as a result had been severely vandalised and structurally damaged.
2. Yes.
(a) The decision on whether to refurbish, let, dispose of, or demolish property will be based on the outcome of a condition assessment and a feasibility study.
However, in the interim, all openings to the property in question are in the process of being secured with shutter boards and the removal of rubble from the premises has commenced.
(b) The process of cleaning and securing the site expected is set to be completed in March 2017.
(3) (a) (b) The PMTE is confronted with many cases of damaged property as part of the legacy of a Department of Public Works, which lacked the requisite skills and capacity to manage a huge property portfolio. As part of the DPW’s Turnaround Strategy initiated in 2012, the Department began the process of giving effect to a Government decision to operationalise the PMTE. This process would ultimately lead to the PMTE being established as a Government component, empowered to make decisions commensurate with the professional approach to the management of the massive DPW property portfolio.
The recent completion of a reliable and credible Immovable Asset Register (IAR) has enabled the PMTE to be more effective in managing the national Government property portfolio. This includes, inter-alia, verification, location, high-level condition assessments and identification of significant components and users of the properties. Taking into consideration the extensive nature of the DPW portfolio (92 593 properties), this was an almost impossible task in the past. The PMTE is now, for the first time, able to make informed and calculated investment decisions in line with our goal of optimizing our property portfolio.
_____________________________________________________________________
24 February 2017 - NW154
Van der Westhuizen, Mr AP to ask the Minister of Public Works
(1) What is the total amount of his department’s budget allocation for the State of the Nation Address (SONA) 2017; (2) whether his department disbursed any other resources for SONA; if not, what is the position in this regard; if so, what are the relevant details?
Reply:
The Minister of Public Works
1. The Department of Public Works (DPW) budgeted an amount of R3.5 million in terms of Prestige logistical services for the 2017 State of the Nation Address (SONA) and opening of Parliament event. The DPW spent only R2.7 million from the budgeted amount, thus making the savings of about R800 000.
2. The Department did not disburse any other financial resources for the SONA apart from what was budgeted. Instead, the Department realised savings through the insourcing of staff from its workshops and horticulture services, as well as the Expanded Public Works Programme. The savings were made against the backdrop of austerity measures that were introduced by Government in recent years.
10 January 2017 - NW2645
Kohler, Ms D to ask the Minister of Public Works
Yes, the Department of Public Works has obtained the required authorisation before commencement with the current project. The Built Environment and Landscape Committee of Heritage Western Cape, a public entity whose mandate is to identify, protect and conserve the heritage resources of the Western Cape Province, after extensive and comprehensive consultations with both the project consultants and the Department of Public Works Heritage Advisory Services Unit, as well as scrutiny of written reviews and proposals submitted by an independent team of specialist heritage consultants, issued authorisation to systematically undertake various repairs, renovations and restorations at and on the Tuynhuys and Good Hope Buildings.
Reply:
The Minister of Public Works
Yes, the Department of Public Works has obtained the required authorisation before commencement with the current project.
The Built Environment and Landscape Committee of Heritage Western Cape, a public entity whose mandate is to identify, protect and conserve the heritage resources of the Western Cape Province, after extensive and comprehensive consultations with both the project consultants and the Department of Public Works Heritage Advisory Services Unit, as well as scrutiny of written reviews and proposals submitted by an independent team of specialist heritage consultants, issued authorisation to systematically undertake various repairs, renovations and restorations at and on the Tuynhuys and Good Hope Buildings.
The South African Heritage Resources Agency, in October 2014, endorsed the previous Heritage Western Cape’s Records of Decision and gave the necessary approval to continue with the completion of the outstanding repairs, renovations and restorations.
10 January 2017 - NW2677
Kopane, Ms SP to ask the Minister of Public Works
Whether he received the (a) Developed Draft Contractors Development Implementation report, (b) final draft of his department’s Property Management Empowerment Policy, (c) draft Bill to amend the State Land Disposal Act, Act 48 of 1961 and (d) Revised Guidelines on User and the Custodian Asset Management Plans for his consideration; if not, in each case, (i) why not and (ii) by what date will the specified documents be submitted to him; if so, what are the relevant details in each case?
Reply:
The Minister of Public Works
(a) Yes,
(b) No.
(i) The draft Public Works Property Management Empowerment Policy was developed and submitted to the Property Sector Charter Council to solicit inputs from the Property Industry.
(ii) The Property Sector Charter Council is in the process of coordinating the information flow from the Property Industry and once the process is concluded, the final draft Public Works Property Empowerment Policy will be submitted to the Executive Authority for approval. It is envisaged that this process will be concluded in the 2017/18 financial year.
(c) No.
(i) The Department has initiated the amendment of the State Land Disposal Act of 1961 through a policy discussion document issued in 2015. Since the development of this Act is the joint responsibility of the NDPW and the Department of Rural Development and Land Reform, discussions were held between the two departments. The review of the Act will form part of the development of a Public Works White Paper, which will encompass the Public Works functional area of concurrent national and provincial legislative competence.
(ii) The White Paper process will commence in 2017 and it is envisaged that the amendment of certain existing legislation and the drafting of new legislation as an outflow of the Public Works White Paper will be undertaken in 2019.
(d) No.
(i) A task team comprising of representatives from the national and provincial Public Works departments was formed to review and refine the guidelines. The refinement of the guidelines is still underway.
(ii) Upon endorsement by the Public Works Technical MinMec and MinMec structure, the draft guidelines shall be submitted to Executive Authority for approval. It is expected that this process will be finalised in the 2017/18 financial year.
10 January 2017 - NW2676
Kopane, Ms SP to ask the Minister of Public Works
Why did his department not (a)(i) develop, (ii) complete, (iii) gazette or (iv) submit to Parliament the draft Prestige Norms and Standards for category 111 clients and (b) sign the Service Level Agreement with Parliament to develop and complete the specified norms and standards?
Reply:
The Minister of Public Works
a) (i) The Norms and Standards for Category 111 clients are being developed.
(ii) The Department has been in the process of consulting various stakeholders.
(iii) There are no plans to gazette.
(iv) Parliament, as a Prestige Client, will be given an opportunity to see the draft Norms and Standards.
b) Once the process outlined in (a) above has been completed the Service Level Agreement with Parliament will be developed.
10 January 2017 - NW2646
Kohler, Ms D to ask the Minister of Public Works
What is the current status of the legal action initiated by his department against a certain bank (name furnished) over the ceding of a certain person’s (name furnished) monthly payments from his department to the specified bank in case the specified person defaulted on the repayment of a R380 million bond?
Reply:
The Minister of Public Works
The stated legal action undertaken by the Department of Public Works, where the bank in question intervened as a Respondent has now been settled between the parties. The bank in question has agreed to withdraw its opposition to an order of the court dictating that the lease agreement in question be declared void ab initio.
25 November 2016 - NW2307
Mazzone, Ms NW to ask the Ms N W A Mazzone (DA) asked the Minister of Public Works
Whether any (a) internal and/or (b) external forensic reports pertaining to (i) his department and/or (ii) each entity reporting to him were completed from 1 January 2009 up to the latest specified date for which information is available; if not, in each case, why not; if so, what is the (aa) name, (bb) subject matter and (cc) date of conclusion of each of the specified forensic reports?
Reply:
The Minister of Public Works
(a) (i) The Department of Public Works (DPW) has a dedicated internal Unit to investigate reported allegations of fraud, corruption and serious maladministration within the Department. From the 2009/10 financial year to date the Unit has received 363 cases for investigation purposes. Of the total number of cases reported, 320 cases were finalised. 32 cases are currently at various stages of investigation.
(aa) (bb) (cc)
See attached Fraud Allegation Register from 2009/10-2016/17 Financial Years of the 320 completed cases.
(b) (i) External Forensic Investigations
The Special Investigating Unit (SIU) has conducted investigations in the DPW in terms of 5 Presidential proclamations – the oldest proclamation was published on 30 July 2010 and the most recent one was published on 20 July 2015. The SIU reports to the President, but they provide the DPW with findings from their investigation for the purpose of instituting corrective measures, including disciplinary action against any official where there is prima facie evidence of misconduct. Where SIU findings point to possible criminal activities, the SIU reports such evidence to the South Africa’s law enforcement agencies for further action. When the SIU finds that funds have been usurped they institute civil proceedings on behalf of the DPW to recover the lost funds. The DPW is notified of this action prior to it being taken. However, the SIU does not provide its full reports to the Department, as it reports to the State President.
DPW ENTITIES
For Agrément South Africa (ASA) No internal or external forensic reports have been completed since 01 January 2009 to date.
Council for Built Environment (CBE) |
|||
(a)(ii) |
Internal Forensic Reports |
||
(aa) |
(bb) |
(cc) |
|
2 employees that were implicated. |
Case relates to misconduct on Supply Chain procedures, Corporate Governance issues, Recruitment procedures and HR investigations. |
The dates are from July 2014 to May 2015. |
|
|
No external forensic investigations were commissioned |
||
Construction Industry Development Board (CIDB) |
|||
Internal Forensic Reports |
|||
(a) (ii) |
(aa) |
(bb) |
(cc) |
15 employees that were implicated. |
Cases relate to non-compliance with procedures, bribery and theft. |
The dates are from February 2009 to September 2015 |
|
IDT
(a) (ii)
There are two different types of forensic reports that the Independent Development Trust (IDT) has dealt with during the period 01 January 2009 to 28 September 2016. The first type is a forensic report, which results from an investigation commissioned internally by IDT, but facilitated by external forensic investigators. The second type is a forensic report which is an outcome of a forensic investigation externally commissioned and whose outcome has a bearing for the IDT in one way or the other. These two types of forensic reports are listed in the table below:
LIST OF INTERNAL FORENSIC REPORTS
(a)(ii)
Internally commissioned, but externally facilitated forensic investigation reports
(aa) |
(bb) |
(cc) |
Name of investigator/s |
Alleged fraudulent claims by service provider for IDT Limpopo: Social Programme |
Fraudulent Time sheet and irregular claims |
15 April 2015 |
PricewaterhouseCoopers (PwC) |
Alleged irregular payment to a service provider at Mpumalanga (IDT) Regional Office (MPL) |
Irregular Payments at Rob-Ferreira Hospital |
27 Sept 2012 |
PricewaterhouseCoopers (PwC) |
Forensic Accounting investigation into Irregularities at IDT relating to wasteful expenditure |
1. Questions raised about the achievement of project deliverables and how much was paid for each of the following deliverables:
|
15 September 2016 (At the time of finalising this reply the final report had not yet been considered by the IDT Board) |
|
Procurement Irregularities at the KZN IDT relating to Mobile Classrooms |
Review the tender process followed by IDT in appointing Tedsons and JT Cabins as a service provider |
15 Sept 2016 |
National Treasury |
Procurement irregularities at the IDT relating to Destiny Group, Nkwali and Bursary |
Investigation into the procurement of services of the Destiny Group, Transfer of Mr Nkwali and Awarding of bursary to Ms Xhala |
15 Sept 2016 |
National Treasury |
Alleged Irregularities at the IDT relating to the KZN Department of Arts and Culture |
Verification of the Bid process followed in the appointment of Masakhane (Contractor) for the construction of Vulamehlo Library |
15 Sept 2016 |
National Treasury |
Alleged Irregularities in respect of Projects undertaken for the KZN: DoH |
Review procurement process for Addington Hospital maintenance and verification of the bid evaluation process followed and investigation of the circumstances that led to the clinics not being completed and determine how much was paid previously for the 3 projects |
15 Sept 2016 |
National Treasury |
LIST OF EXTERNAL FORENSIC REPORTS
IDT
(b) (ii)
Externally commissioned and facilitated investigation report/s with outcome affecting the IDT
(aa) Name of the Report |
(bb) Subject matter |
(cc) Date of conclusion |
Name of investigator |
Alleged irregularities in the procurement of service providers at Department of Correctional Services |
Prisons Fencing Project |
June 2016 |
National Treasury |
______________________________________________________________________
31 October 2016 - NW2102
Malatsi, Mr MS to ask the Minister of Public Works
What amount did (a) his department and (b) each entity reporting to him spend on advertising on the (i) Africa News Network 7 channel, (ii) SA Broadcasting Corporation (aa) television channels and (bb) radio stations, (iii) national commercial radio stations and (iv) community (aa) television and (bb) radio stations (aaa) in the 2015-16 financial year and (bbb) since 1 April 2016?
Reply:
The Minister of Public Works
(a) The Department of Public Works did not spend any amount on the (i) Africa News Network 7 channel in the 2015-16 financial year and since 01 April 2016.
See below the details of the amounts spent by the Department of Public Works on advertising in the 2015-16 financial year and since 01 April 2016 to date.
No |
Name of the advertising campaign |
Medium |
Amount |
1. |
Handover of the Haines Park in Vryburg |
SABC radio outside broadcast |
R171 000 |
2. |
Budget vote (Post budget vote) |
Community radio stations phone in programme |
R428 840 |
3. |
Expanded Public Works Programme Artisan Development programme profiling |
SABC radio Outside broadcast |
R114 000 |
4. |
Social sector conference |
SABC radio Outside broadcast and Community radio stations |
R91 200 |
Community radio stations |
R176 640 |
||
5. |
Anti-fraud Campaign |
SABC Public Radio Services (11 Radio stations) |
R1 504 252.08 |
Total: R2 485 932.08 |
From 01 April 2016 to date:
No |
Name of the advertising campaign |
Advertising Medium |
Amount |
1. |
Bela-bela Career Expo |
SABC radio outside broadcast |
R140 000 |
Capricorn FM (Commercial radio station) |
R140 000 |
||
2. |
Public Employment Programme visit to EPWP Project in KwaZulu-Natal |
SABC radio stations |
R285 200 |
3. |
Post Budget vote campaign |
Community radio (phone in programme) |
R398 840 |
Total |
R964 040 |
(b) (i), (ii) (aa) & (bb), (iii), (iv) (aa)& (bb), (aaa) & (bbb)
None of the four entities reporting to the Department of Public Works namely, Council for the Built Environment (CBE), Construction Industry Development Board (CIDB), Independent Development Trust (IDT) and Agrèment South Africa (ASA), has spent on advertising in the specified media.
31 October 2016 - NW2067
Horn, Mr W to ask the MINISTER OF PUBLIC WORKS
(1) Whether each Head of Department (HOD) of his department signed a performance agreement since their appointment; if not, (a) what is the total number of HODs who have not signed performance agreements, (b) what is the reason in each case, (c) what action has he taken to rectify the situation and (d) what consequences will the specified HOD face for failing to sign the performance agreements; if so, (i) when was the last performance assessment of each HOD conducted and (ii) what were the results in each case; (2) Whether any of the HODs who failed to sign a performance agreement received a performance bonus since their appointment; if not, what is the position in this regard; if so, (a) at what rate and (b) what criteria were used to determine the specified rate; (3) Whether any of the HODs who signed a performance agreement received a performance bonus since their appointment; if so, (a) at what rate and (b) what criteria were used to determine the rate?
Reply:
The Minister of Public Works
(1) Yes
(a) None.
(b) Falls away.
(c) Falls away.
(d) (i) and (ii) Fall away.
(2) All HODs have signed performance agreements.
(a) Falls away.
(b) Falls away.
(3) No. All HODs have signed performance agreements, but no performance bonuses were paid due to the fact that the Department of Public Works is still undergoing a 7-year Turnaround programme that started in 2012.
(a) Falls away.
(b) Falls away.
______________________________________________________________________________
31 October 2016 - NW2032
Brauteseth, Mr TJ to ask the Minister of Public Works
What formal qualifications does each of his department’s (a)(i) Chief Financial Officers and/or (ii) acting Chief Financial Officers and (b)(i) Directors-General and/or (ii) acting Directors-General possess?
Reply:
The Minister of Public Works
(a) Formal qualifications for the Department of Public Works’
(i) Not Applicable
(ii) Acting Chief Financial Officer qualifications are as follows:
- Bachelor of Commerce Degree
- Honours Degree in Accounting Science
(b)
(i) Director-General qualifications are as follows:
- Bachelor of Commerce Degree
(ii) Not applicable
31 October 2016 - NW1999
Kopane, Ms SP to ask the Minister of Public Works
(1) What is the current status of the case that is before the Labour Court involving an employee of the Construction Industry Development Board (CIDB) who was dismissed in February 2015; (2) what (a) is the current status of the CIDB’s three-year review of the Infrastructure Delivery Management Tool which it has failed to achieve to date and (b) steps are being taken to ensure that this does not recur in the future; (3) what are the full details of the CIDB’s plans to address the six top areas of concern as identified by its organisation culture study?
Reply:
The Minister of Public Works
(1) In May 2015, the Construction Industry Development Board (CIDB) filed a review application challenging the Commission for Conciliation, Mediation and Arbitration (CCMA) decision.
- On 25 November 2015 the CIDB filed its heads of arguments followed by the lawyers of the employee in question a week later.
- The matter is ready for hearing and both parties are waiting for the Registrar of the Labour Court to allocate a hearing date.
(2)(a) The Infrastructure Delivery Management Toolkit (IDMT) has its origins in 2001 when the National Treasury commissioned a review of the poor performance of provincial infrastructure delivery systems resulting in the establishment of the Infrastructure Delivery Improvement Programme (IDIP) and the Toolkit. The National Treasury enlisted the support of the National Department of Public Works (NDPW), the Development Bank South Africa (DBSA) and the CIDB as partners to the IDIP. The CIDB was responsible for the management of the content of the Toolkit, the hosting of the Toolkit on the CIDB website, and providing support and training on its implementation and rollout, where necessary.
The idea underlying the imperative of having the IDMT was to address the need for a documented body of knowledge and set of processes that represent generally recognised best practices in the delivery of infrastructure. It was to be focused on the delivery and life cycle management of public sector infrastructure. The Toolkit was therefore designed as a valuable resource to provide a national common knowledge base and set of practices to assist in delivering these services in a manner that is effective, efficient and consistent across provinces and departments. The Infrastructure Delivery Management System (IDMS) and the Toolkit have evolved over the years since their inception in 2004.
(b) In the past the IDMS and the Toolkit were revised and enhanced every three to four years, but National Treasury identified a need to separate the supply chain for goods and services from the supply chain for infrastructure to unblock some of the infrastructure delivery management chain challenges. As a result, the revision and enhancements of the IDMS and Toolkit had to be delayed to allow for the development of the Standard for Infrastructure Procurement and Delivery Management (SIPDM). The SIPDM is a National Treasury regulatory instruction issued in terms of the Public Finance Management Act, 1999 [Act No. 1 of 1999] (PFMA), and it will assist in ensuring support for the implementation of the IDMS.
The current 2010 edition of the Toolkit enhancement and revision is being reviewed under the auspices of National Treasury. The enhancements and revisions will focus on the following:
- aligning the existing 2010 IDMS with the Standard for Infrastructure Procurement and Delivery Management (SIPDM);
- aligning the current linear depiction of the IDMS to the new IDMS Control Framework, which emphasises the linkages between core delivery processes;
- incorporate institutional capacity building approaches, methodologies and toolkits;
- simplify existing delivery management processes and deliverables;
- provide for the development and incorporation of Standard Operating Procedures from provinces;
- standardise the ‘Supporting Information’ requirements;
- capture and incorporate best practice methodologies and examples;
- develop an information technology platform to serve as the single source for infrastructure delivery related information (i.e. an Infrastructure Delivery Management Body of Knowledge (IDMBOK));
- incorporate local government infrastructure delivery requirements (where possible).
Once the enhanced IDMS and Toolkit are complete, they will be hosted on the CIDB website until such time that the prototype information technology platform is developed by National Treasury.
(3) The top six areas of the CIDB culture study are as follows:
- Remuneration
- Learning and Development
- Leadership
- Structure
- Service Orientation
- Innovation
The CIDB’s plans to address the above are as follows:
CIDB has embarked on an organisational development methodology (OD exercise) which is a step-by-step process for assessing and re-shaping the structure and positions within the CIDB to better meet its strategic and operational goals. The integrative OD project plan is made up of 12 phases aimed at addressing not only the six top areas of concern as identified by the organisation culture study, but also areas for development as identified in the organisational architecture pilot study, CIDB five year review, 2016 employee engagement survey, etc.
Dimensional areas such as structure, leadership, learning and development and remuneration form the pivotal points of the organisation-wide OD exercise. CIDB had to first align the ‘hard issues’, i.e. mandate, strategy, processes, systems, structure and harmonise them with ‘soft issues’, i.e. culture, values, leadership, management style, communications, creativity and innovation. All these dimensions are addressed in the detailed OD project plan. For example, there is an exercise to review the existing processes and to develop the recommended business processes, dysfunctional aspects of work flow, structures and systems, and realignment with the envisaged operational realities/goals are aspects which are being attended to. There are also plans to digitise core business processes. Once this is done, it will assist the CIDB flow of communication, productivity and innovation as well as alleviate fraud and corruption.
In addressing learning and development issues, CIDB is in a process to finalise a new competency framework in order to be able to design the most appropriate competency assessment tools matching the competency framework for each level of employees. Once the competency gaps have been identified, the most appropriate training strategy based on the assessment gaps and outcomes will be developed. The development of the career-pathing framework is part of the training strategy design. It will further improve employee satisfaction, client satisfaction and service excellence. Furthermore, the newly developed training and development policy is also used as a vehicle by employees to continuously improve their competencies and academic up skilling.
In addressing some of the structure related soft issues, plans are also ahead to allocate tasks, reporting relationships and levels to provide means of achieving full CIDB alignment between people aspects and functions, or technical aspects. This will be addressed in the implementation of the structure design criteria and the new CIDB operating model.
Other related areas being addressed are job profiles, job evaluation and remuneration.
The OD exercise is seen by CIDB as a systematic approach for fundamental rethinking and radical redesign of business processes, eliminating non-value adding activities to achieve improvements in performance and productivity, efficiency in operational costs and turnaround times, customer service, quality and alignment of processes with the strategy.
31 October 2016 - NW1896
Davis, Mr GR to ask the Minister of Public Works
With reference to his reply to question 1675 on 12 September 2016, (a) what is the name of the specified Member of the Executive Council that makes use of the specified property as an official residence, (b) from which date has the specified property been used as an official residence for the specified person, (c) what is the market value of the specified property, (d) on what date was the specified property acquired by the Government and (e) what was the total price paid for the specified property by the Government?
Reply:
The Minister of Public Works:
(a) For security reasons I cannot provide the name of the Member of the Executive Council in this Parliamentary reply. I however can provide the name to the Honourable Member in confidence. Please get in touch with my office as indicated in the letterhead. Information relating to addresses of Members of the Executive is considered as confidential for purposes of making it easy for the South African Police Service to provide an unfettered protection service to the office bearers.
(b) The occupant started to use the specified residence in April 2010.
(c) The market value of the specified property is currently R8 000 000.00.
(d) The specified property was acquired by the Government on 24 December 2009.
(e) The total price paid for the property is R6 270 000.00.
31 October 2016 - NW1869
Kopane, Ms SP to ask the Minister of Public Works
(1) What total amount did his department spend on the maintenance of buildings at the Nkandla homestead of the President, Mr Jacob G Zuma, from 9 May 2009 up to the latest specified date for which information is available; (2) will his department be responsible for the continued maintenance of any buildings of the specified homestead; if not, why not; if so, what are the relevant details?
Reply:
The Minister of Public Works
(1) The Department of Public Works (DPW) is currently not conducting maintenance to the buildings at the homestead of the President of the Republic of South Africa, Mr J G Zuma, situated in Nkandla, KwaZulu-Natal Province. As indicated in a previous reply to a similar Parliamentary question, the DPW has placed four general workers, employed on contract for three years, at the President’s homestead at Nkandla. Their main duties are to clean up and maintain the gardens at the State Domestic Facilities adjacent to the President’s homestead. These are facilities that are used mainly by the South African Police Services (SAPS). However, there has been an expense that has been incurred of R10,611.89 through the purchase of materials for maintenance work done on the VIP guard house at the homestead.
(2) The Department will be responsible for the maintenance of all security measures, which were installed in the homestead and general maintenance of all State properties; e.g. the Clinic, Pilot house and the houses for SAPS members.
________________________________________________________________________
05 October 2016 - NW1867
Kopane, Ms SP to ask the Minister of Public Works
Did his department submit all documents and information required by the National Treasury for the purpose of determining the total cost of upgrades to the homestead of the President, Mr Jacob G Zuma, in Nkandla, as tasked by the Constitutional Court; if not, why not; if so, what are the relevant details?
Reply:
The Minister of Public Works:
Yes, the Department of Public Works (DPW) did submit all documents and other pieces of information in its possession that were required by the National Treasury. The latter received full cooperation from the DPW in the transmission of the documents. Before the Publication of the National Treasury Report the DPW was not informed about any incompleteness of documentation submitted to the National Treasury.
A newspaper article that appeared in the Sowetan of 28 June, 2016, erroneously created the impression that the DPW had attempted to stifle the investigation by the National Treasury. In the latter’s report, which was submitted to the Constitutional Court on 27 June, 2016, there is neither a statement nor allegation whatsoever that the DPW withheld information or documentation in its possession from the National Treasury or its consultants.
05 October 2016 - NW1776
Kohler, Ms D to ask the Minister of Public Works
With regard to the 2014-15 Annual Report of the Council for the Built Environment, which noted that 213 new disciplinary cases were reported in the specified financial year, in each case, (a) what was the reason for the disciplinary cases, (b) how long did it take to resolve, (c) what were the outcomes and (d) what penalties were given?
Reply:
The Minister of Public Works
(a) The Council for the Built Environment (CBE) annual report states that a total of 213 complaints were received during the year under review. However, after an auditing process the correct number of 218 complaints was recorded. The Built Environment Professional Councils (BEPCs) do take disciplinary action against registered persons alleged to have violated any of the six Acts of Law governing the operations of BEPCs, as well as their respective codes of conduct. They are also empowered to take action against any person whose conduct is regarded as posing a danger to the health and safety of the public within the realm of the built environment.
The reasons for disciplinary cases relate to:
- Improper conduct;
- failure of registered persons to perform professional services within a reasonable time frame;
- professionals undertaking professional work while their registration is suspended;
- competency/design errors; and
- non-compliance with the Code of Conduct.
(b) Most of the cases took more than 90 days to complete. The average time from the date of lodgment to the date of finalisation of cases for the Engineering Council of South Africa (ECSA) is 180 days. The turnaround time is acknowledged as a challenge. This is mainly due to the high cost of investigations and conducting of disciplinary cases. Another challenge is that of a lack of legal resources within the BEPCs. BEPCS are then forced to source the assistance from lawyers outside the organisation.
(c) Out of the 218 complaints received, 131 (61%) complaints were finalised, while 87 (39%) were still in progress and 8 were withdrawn.
(d) The BEPCs’ disciplinary or accountability processes vary from one another. For instance, a matter may be closed without sanction or disciplinary action may be taken. Sanctions can take a number of forms and may be imposed singularly or in combination.
(Please see Annexure A and B for specified outcomes per case)
Penalties include:
- Reprimand or censure: reprimand and censure are similar in that they are official records, indicating that a licensee has been disciplined. They may, in themselves, not hamper one’s ability to practice, but may be imposed along with other penalties.
- Citation: the BEPC of the registered person may impose a fine or order of bargain, in lieu of making a formal accusation.
- Cease and desist order: an order to stop a particular activity or else face a penalty.
- Warning: this can be accompanied by stipulations or specific requirements.
- Mandated continuing education.
- Remediation: an attempt to correct practice and promote safety; it may define terms for the registered person to be reinstated in good standing.
- Referral to an alternative-to-discipline programme.
- Probation: during probation, the registered person may or may not be permitted to practice. If the registered person is permitted to remain in practice during the period of probation, it is with terms and conditions or restrictions.
- Suspension: a period of time in which a registered person may not practice or hold him/herself out.
ANNEXURE A
Number of Complaints received and their nature |
Completed |
In progress |
Total - (42) Breach of the SACQSP Code of Conduct
Contravening of Act 49 / 2000 – Clause 18(2)
Performing the work of a PrQS but not being registered (16) |
Mr J. Mpambela – candidate working for own account – fined Mr R. Van Wyk – fined Mr M.Z.C. Buyeye – fined and censured Jacques Olivier – candidate working for own account – fined R & G Consultants – branch not managed by a PrQS – corrected Raphael Bagarette / Jade Hare of Granbuild – candidates misrepresenting their status - corrected |
Disciplinary Stuart Ray – Unprofessional conduct Anthony Porter – Unprofessional conduct (awaiting evidence) Jayshenie Govender – failed to uphold the letter of supervisor undertaking Siseko Quantity Surveyors cc – unprofessional conduct Lwazi Msani – candidate caught cheating in the Professional Skills Module Exams |
Number of complaints withdrawn |
1 |
Mr A.S. Van Wyk – theft of funds – the matter was handled incorrectly in terms of procedure and has to recommence from the beginning. A former Registrar failed to issue a formal charge sheet within the 5-years since the complaint arose. |
Total – 112
|
Number of Registered Professionals who were sanctioned to a fine including suspended fines:
;
R1 300.00 of this amount is suspended for one year;
R1 600.00;
Number of cases reported to the SAPS - 30 |
Registered professionals with pending settlement agreements: SACAP v Michael Liebenberg SACAP v Sophia Holloway SACAP v Andre Griessel Registered professionals who have been cautioned and/or reprimanded: Piotr Plebankiewics Raynier Lewis Danie Kruger Margueretta Bekker Alista van Rooyen Registered professionals whose registrations have been withdrawn: Mongi Mbili Ganesan Govender Lizwe Mabutho Isaac Masotsha |
Number of complaints withdrawn |
0 |
|
Total - 4
|
1 complaint of advertisement of services as a Pr CHSA, Pr CM, Pr CPM and PrC mentor even though not registered in any of these categories. The Council has no jurisdiction over unregistered persons, however, it was decided that a formal caution be issued to the person concern to desist from doing so and that if he continues, such misrepresentation, then the Council reserved its right to pursue action against them. |
1 case was against an unregistered person practicing as Project Manager and since Council has no jurisdiction over unregistered persons no further action was deemed necessary. 1 case of misconduct against a registered person, which upon investigation was deemed to be unproven, hence the complaint was dismissed. 1 case of misconduct against a registered person who upon being requested to provide additional information to substantiate his allegation refused to do so hence this has been put on hold until such time that he provides the information requested from him. |
Number of complaints withdrawn |
0 |
|
Total - 15 complaints of improper conduct 1 complaint against an unregistered person |
0 |
Inaccurate valuations, candidates conducting valuations without (proper) supervision, misleading advertising, Fraud, Inefficient discharging of duties, Conflict of interest, Breach of contract, Failure to hand down appeal Board decision, Theft of client’s property Unfair labour practice |
Number of complaints withdrawn |
7 |
The complainants withdrew their cases |
None |
ANNEXURE B - ECSA
NO. |
RESPONDENT |
MERITS OF INVESTIGATION |
DATE COMPLAINT RECEIVED (year, month, date and number) |
OUTCOME OF INVESTIGATING COMMITTEE |
1. |
R Brittnell against A J Killian Pr Tech Eng (8870177) |
It is alleged that the Respondent as an official of the Local Authority, responsible for tender documents scrapped certain requirements of a tender and that” his actions directly deprived consulting engineering companies the opportunity to participate in a fair tender process”. |
(2012/11/20 - 32) |
The Investigating Committee considered the matter and was of the opinion that there was no prima facie evidence of improper conduct by the Respondent. |
2. |
BRS & R A Wilson obo BRS Wilson Family Trust against D A Rees Pr Eng (790430) |
It is alleged that the Respondent, appointed to facilitate a township development, created an unacceptable conflict of interest and failed to carry out his engineering responsibilities with the required degree of competence. |
(2013/05/13 – 16) |
The Investigating Committee considered the matter and were of the opinion that there was insufficient prima facie evidence of improper conduct by the Respondent. |
3. |
W Strydom obo Avondans Home Owners Association (AHOA) against F J Klomp Pr Eng (830442) |
It is alleged that the Respondent rendered professional services to the Developer for the Avondans Development in the construction of the roads. The development was taken over by AHOA. A crack appeared in the road whereafter AHOA employed an independent engineering service to do an investigation and provide a report on their findings. The report indicated that standard construction procedures were not followed. The Respondent denied responsibility and refused to guarantee the quality of his work. |
(2013/06/27 - 27) |
The Investigating Committee considered the matter and was of the opinion that there was insufficient prima facie evidence of improper conduct by the Respondent. |
4. |
H P Heath against R L Keudel-Schaffer Pr Tech Eng (200170125) |
The Respondent issued a completion certificate for a roof which had been repaired. The said roof was subsequently found to be defective. |
(2012/05/11-12) |
The Complainant withdrew the complaint, but due to the number of complaints received against the Respondent, the matter was referred to PROTT as part of their brief. |
5. |
ECSA against E J Pieters Pr Cert Eng (201290010) |
Improper Conduct |
(2013/11/07 - 47) |
The Investigating Committee considered the Respondent’s formal apology. |
6. |
E Maritz against J Erwee Pr Eng (950433) |
It is alleged that the Respondent was appointed as the responsible engineer for the Complainant’s home. A dispute arose between the builder and the owner and the Respondent who was appointed by the builder refuses to issue the completion certificate. |
(2013/12/10 - 54) |
There was insufficient evidence of improper conduct by the Respondent. |
7. |
C M F Rawlins against Messrs M S Moodley Pr Tech Eng (9340122), S Naidu Pr Eng (20010315) and R J Young Pr Eng (702868) |
The Complainant was issued a notice alleging that his gazebo caused the failure of his neighbour’s wall.
|
(2014/02/12 – 04) |
The Investigating Committee considered the Assignee’s recommendations and were of the opinion that there was insufficient evidence of improper conduct by the Respondents. |
8. |
(2014/02/12 – 05) |
|||
9. |
(2014/02/12 –06) |
|||
10. |
A D Barratt against A Mitchell Pr Tech Eng (877066) |
It is alleged that the Complainant pointed out inconsistencies and irregularities in the alteration of his neighbour’s home. A stop works order was issued which led to the Respondent sending a “threatening” email to the Complainant. |
(2013/09/30 – 41) |
A Peer Counselling meeting was successfully concluded with the Respondent on 23 April 2014 and the Peer Counselling Report was received. |
11. |
P Venter against H S Van Der Walt Pr Eng (860204) |
The Respondent was appointed as the engineer to conduct engineering work on the foundation, floor slab and stairs of the Complainant’s dwelling. The said structures demonstrated defects. |
(2013/03/26 – 08) |
The Assignee’s report was considered by the Investigating Committee which resolved that there was no evidence of improper conduct by the Respondent. |
12. |
A Solomon against L C Smith Pr Eng (860253) |
It is alleged that the Respondent undertook work without the Complainant’s consent or approval of the building plans along the Complainant’s boundary wall. The Respondent’s client is the Complainant’s neighbour. |
(2013/07/08 - 29) |
The Assignee’s verbal report was considered by the Investigating Committee which resolved that there was no evidence of improper conduct by the Respondent. |
13. |
N E Wana against J F G Fourie Pr Eng (870038) |
It is alleged that the Respondent constantly requested his own contractor to be appointed to the project. When this was not done, he found fault with the work done by the builder. The Respondent on ascertaining that an independent engineer was appointed by the owner withdrew his completion certificate. |
(2013/08/02 – 32) |
A response from the Complainant was not forthcoming despite numerous requests from the administration. To close the matter. |
14. |
J D Scheepers against J M van den Berg Pr Eng (790409) |
The Complainant is a contractor who was employed to do additions to a house. Towards completion of the work, the Complainant experienced some problems with the homeowner. The Complainant then requested the homeowner to pay for the labour and material used and the homeowner refused. The homeowner then brought in the Respondent. It is alleged the Respondent, in inspecting the work done by the Complainant, failed to apply his professional skills and that his opinions were subjective. |
(2013/08/07 – 35) |
The Investigating Committee considered the Expert and Assignee’s report and resolved that there was no evidence of improper conduct by the Respondent. |
15. |
Dr A van Rensburg Pr Eng against Prof R Sandenbergh Pr Eng (790475) |
It was alleged that the Respondent did not comply in accordance with the OHS Act when the Complainant addressed safety hazards with the Respondent during construction of the University. The Respondent allegedly did not adhere to requirements in respect of the appointment of personnel nor did he inform ECSA’s accreditation committee of the employee’s non-registration status and qualifications. It is further alleged that the Respondent “intentionally lied” in an affidavit regarding a formal grievance lodged by the Complainant. |
(2014/02/12 - 08) |
Substantiating information was not forthcoming from the Complainant. That the safety issues were addressed with the Respondent and further information with regards thereto supplied by the administration. |
16. |
R Ramphal against V K Ori Pr Tech Eng (9470055) |
It is alleged that the Respondent submitted a payment certificate which was above the tendered price. |
(2014/02/27 - 10) |
That the Investigating Committee considered the matter and resolved that the matter is of a commercial nature. |
17. |
A Parsotham against T W Harper Pr Eng (940368) |
Subsequent to the builder absconding, a new builder was tasked to assess and repair the damages resulting in a dispute with the engineer. It is alleged by the Complainant that “the internal walls and trenches were non-existent; the soil was not compacted before the slab was cast; the slab had various defects and that the walls were cracking and had to be pulled down”. A completion certificate was issued on 23 August 2013 in respect of the foundations. |
(2014/04/22 - 16) |
That the Investigating Committee consider the matter and resolved that there was no prima facie evidence of improper conduct by the Respondent. |
18. |
I C van der Vyver Pr Eng against M J Marais Pr Eng (940375) |
The Respondent, an employee of Arcus Gibb, was appointed by the client to undertake an administrative and regulatory audit of the Complainant’s project. The client subsequently terminated the appointment of the Complainant’s company and appointed the Respondent’s company for the said project. It is alleged that the Respondent was not furnished with a copy of the audit report for comment. |
(2013/08/07 – 34) |
A Peer Counselling meeting was successfully concluded with the Respondent. |
19. |
D Sibiya against J C van Tonder Pr Eng (750430) |
It is alleged that the Respondent was appointed as the responsible engineer for a first floor slab and staircase to the Complainant’s property for which he issued a completion certificate despite defects to the staircase and the slab which is on the brink of collapse. |
(2013/05/29 – 18) |
That the Peer Counselling Meeting was successfully concluded with the Respondent. |
20. |
S Sewchuran against D Rammanhor Pr Tech Eng (201270056) |
The Respondent was responsible for the design of the neighbour’s retaining walls. The Complainant alleges that excavation took place onto her property by the Respondent’s client. The Complainant approached the Local Authority regarding safety issues and was advised that back filling appeared to have been done which needed to be removed by her. The Complainant alleges that the wall built poses a danger to her property and vehicles. |
(2014/05/26 - 23) |
The Assignee’s verbal report was considered by the Investigating Committee which concluded that there was no evidence of improper conduct by the Respondent. |
21. |
G Strydom v J N M Barker Pr Eng (750309) |
It is alleged that the respondent designed the lateral support system supporting an 8 metre sand bank on the complainant’s northern property boundary. No permission was given for the lateral support. An independent engineering report concluded that the building work carried out on this plot encroached over the common boundary line onto the complainant’s property and has resulted in a potential collapse of the existing dwelling. |
(2014/02/11 - 03) |
No prima facie evidence of improper conduct. |
22. |
G van Wyk v N Barnard Pr Eng (870461) |
It is alleged that the Respondent signed off a temporary inspection certificate for temporary pavilions erected for the North West University for a rugby match. A large amount of spectators were expected at the final rugby match. Before the main event, one of the temporary pavilions collapsed whilst the spectators were sitting thereon. No injuries were reported and an inspection was undertaken of all the other temporary pavilions, which were subsequently declared unsafe. |
(2014/05/14 - 21) |
No prima facie evidence of improper conduct. |
23. |
W D Niewoudt v C F Joubert Pr Eng (800192) |
The complainant purchased a property off-plan. A week after the complainant discovered that the surface bed had cracks all over, the brickwork was not up to standard and dimensions were not the same as on the approved plans. It is alleged that the responsible engineer is Mr C F Joubert. |
(2014/09/04 – 31) |
Insufficient evidence of improper conduct from the complainant. |
24. |
J Morebudi v D R Veldtman Pr Techni Eng (9740088) |
It is alleged that the respondent is helping the second bidder by supplying them with confidential information regarding the project. It is further alleged that the respondent signed the completion certificate while he was registered as a technician. |
(2014/09/04 – 32) |
No prima-facie evidence of improper conduct. |
25. |
G van der Merwe against C H Magson Pr Tech Eng (770101) |
The Respondent allegedly used the Complainant’s (an architect and member of the SACPCMP) registration details without the Complainant’s knowledge which allowed him to secure a tender with the Free State Department of Education. |
(2013/11/20 - 52) |
That the advisory letter would be forwarded to the respondent. |
26. |
J Di Mambro against R L Keudel-Schaffer Pr Tech Eng (200170125) |
It is alleged that the Respondent undertook the design and supervision of a residential apartment complex during 2003/2004. It is further alleged that the Respondent failed to adhere to acceptable standards regarding the adequacy, quality and suitability of a large sub-surface channel which crosses the site diagonally below the residential apartment complex. |
(2014/01/20 - 01) |
That a Terms letter was issued to the complainant informing him that failure to respond timeously would result in the case being dismissed. |
27. |
J J van Niekerk against S P Cilliers Pr Eng (980363), W Kruger Pr Tech Eng (200570100) and J T Pidgeon Pr Eng (780227) |
It is alleged that the Respondents were involved in the development of a complex in Bloemfontein. It is further alleged that building plans for the complex were not approved and building plans were not submitted for a septic tank at the back of the complex which is running into the Renoster River. |
(2014/02/27 – 11) |
That there was insufficient evidence of improper conduct. |
28. |
||||
29. |
(2014/02/27 – 12) |
|||
(2014/02/27 – 13) |
||||
30. |
G Rossouw against C F Joubert Pr Eng (800192) |
The Respondent was appointed to do the structural design and erection supervision of a building in Magaliesburg. It is alleged that the Respondent did not indicate that the contractor deviated from the manufacturer’s instructions. Subsequent to a site visit by the Respondent, during which he advised that work could continue, the floor slab collapsed. |
(2014/03/14 - 15) |
I was found there was prima facie evidence of improper conduct. |
31. |
S Manuier against L L Ashton Pr Eng (870461) |
It is alleged that the Respondent refused to certify the work of the Complainant who installed a slab on the approval of the owner without the Respondent having seen the requisite drawings and/or plans. The Respondent was requested to provide reasons for his actions. This negatively impacted on the Complainant’s business. |
(2014/05/12 - 19) |
There was insufficient evidence of improper conduct. |
32 |
S Chilwan against J C Krogscheepers Pr Eng (920021), P J Bullock Pr Eng (840217) and R H Botha Candidate Pr Eng (20095007) |
It is alleged that the Respondents acted in breach of the contract entered into between the City of Cape Town and Lumen Technologies CC (the Complainant’s Close Corporation) by amongst others, communicating directly with contractors without the consent of the CC, incurring expenses for the CC, etc. |
(2014/06/13 – 24) |
There was insufficient evidence of improper conduct. |
33. |
||||
34. |
(2014/06/13 – 25) |
|||
(2014/06/13 – 26) |
||||
35. |
D Palm against B J Oosthuizen Pr Eng (20050191) |
It was alleged that the respondent canvassed and contracted to do work other than what he was trained and qualified for, such as underpinning to structures, executing concrete sub-contract works, as well as structural sub-contract works . That conflict of interest exists where the Respondent accepted appointments from both the client as a Professional Engineer and from the main contractor (complainant) for the underpinning concrete works and structural installations. It was further alleged that the respondent was unwilling to issue the completion certificate. |
(2014/07/04 – 28) |
That there was insufficient evidence of improper conduct. |
36. |
R Manaraj against B Ansell Pr Eng (980726) |
The respondent representing Clickscales Maughan-Brown (CMB) Electrical and Mechanical Engineers was appointed by Raj Maharajh Associates (RMA), representing the RMA Professional Consortium. It is alleged that the Respondent colluded with a Project Manager of Coega Development Corporation (CDC), which was the client of (RMA) in receiving a payment of R298 683.84 without informing RMA and thus resulted in losses to other members of the RMA Consortium. |
(2014/08/21 – 30) |
There was insufficient evidence of improper conduct. |
37. |
H H Page against D P Odendaal Pr Tech Eng (9970121) |
The complainant lodged a complaint with Eskom, regarding the publication by some engineers of Eskom on Magnitech Xenon lamp products. During Eskom’s investigation of the above, the Complainant was introduced to the Respondent as an expert. It is alleged that the respondent was not objective and did not apply professional engineering judgement to the case. |
(2014/09/04 – 33) |
There was insufficient evidence of improper conduct. |
38. |
H H Page against P M Smit Pr Eng (970373), B G M Van Wyk Pr Tech Eng (9270025) and S R Sishuba Pr Eng (980711) |
It was alleged that the Respondents published false information regarding Magnitech Xenon Sodium lamp products without any scientific basis. |
(2014/09/04 – 34) |
There was insufficient evidence of improper conduct. |
39. |
||||
40. |
(2014/09/04 – 35) |
|||
(2014/09/04 – 36) |
||||
41. |
D G Naidoo against N J King Pr Eng (930184) |
The Respondent was appointed as the consulting engineer on a project to review and design work. It is alleged that the Respondent reviewed the Complainant’s design without informing him. The Respondent’s report was said to be biased leading to the immediate dismissal of the Complainant on the project. The Client also refused to pay the Complainant for outstanding fees and the complainant suffered loss of income and credibility as a result thereof. The Respondent was said to have compromised the position of the Complainant by his actions, which were solely for the Respondent’s benefit. |
(2014/09/23 – 40) |
There was insufficient evidence of improper conduct. |
42. |
C van Dyk v J C van Tonder Pr Eng (750403) |
The Respondent allegedly allowed an unregistered person to sign off completion certificates, using Respondent’s profession credentials. |
(2011/02/08-60) |
No prima facie evidence of improper conduct. |
43. |
Dr T Scholtz v J R Müller Pr Eng (760565) & J G Claassen Pr Eng (910241) |
It is alleged that the first Respondent acted as both contractor and registered professional in respect of the Complainant’s home. The first Respondent did not disclose this conflict of interest to the Complainant. The first Respondent then proceeded to act as an expert witness acting on behalf of the second Respondent after being suspended by the NHBRC. It was alleged that the second Respondent acting as an expert witness, made incorrect statements regarding the boundary walls and damp proofing throughout the dwelling. |
(2013/10/28 – 42) |
No prima facie evidence of improper conduct. |
44. |
||||
(2013/10/28 – 43) |
||||
45. |
M Ungerer against J Singh Pr Tech Eng (200170137) |
The Respondent signed off a completion certificate whilst not attending to any site inspections. It is further alleged that the respondent stated that the A19 was not a legally binding document and that he had no contractual obligations to fulfill as the complainant was not his client. |
(2013/11/07 – 53) |
Insufficient evidence of improper conduct from the complainant. |
46. |
R Lees v M M B van Rooyen Pr Eng (880203) |
It is alleged that the Respondent was appointed as the competent person for the design of a reinforced concrete raft foundation, which has since developed major cracks. The Complainant alleged that the Respondent was not accepting responsibility for the failure of the foundations. |
(2014/05/12 – 18) |
No prima-facie evidence of improper conduct. |
26 September 2016 - NW1777
Kohler, Ms D to ask the Minister of Public Works:
With regard to a presentation by the Council for the Built Environment (CBE) to the Portfolio Committee on Public Works on 23 August 2016, in which it was noted that the mandate of the CBE and the six Built Environment Professional Councils includes the establishment of a Standards Generating Body, has such a body been created; if not, why not, if so, what are the relevant details?
Reply:
The Minister of Public Works
Yes, each Built Environment Professional Council (BEPC) has established a Standards Generating Body (SGB) that is involved in the development of Occupational Qualifications under the umbrella of the Quality Council for Trades and Occupations (QCTO).
An SGB is a panel of knowledgeable, experienced individuals with expertise in various competency areas and their levels, as well as in the assessment criteria applied in evaluating learners who have completed their study programmes offered at various institutions. SGBs prepare and publish details of teaching/learning programmes and the assessment criteria that leaners must undergo, as well as the assessment criteria for candidates related to qualifications in particular fields of expertise.
According to the National Qualifications Frameworks Act, 2008 (Act No. 67 of 2008), the Council for Higher Education (CHE) is the sole authority and Quality Council for Higher Education. According to its Higher Education Qualifications Sub-Framework (HEQSF) one of the critical mandates of the CHE is to develop qualifications standards, the purpose of which is to provide internal and external benchmarks for programmes that lead to qualifications, i.e. accreditation, implementation, development and quality assurance. The BEPCs established SGBs with the intention of working with the CHE to develop outcome-based qualifications for registration in particular fields of expertise in accordance with the National Qualifications Framework. The focus of the SGBs is to develop Occupational Qualifications under the QCTO that will enable learners/candidates to be registered professionals in the respective fields or categories administered by the Professional Councils. This was instituted due to the additional process required in the registration of the professional designation under the mandate of the South African Qualifications Authority (SAQA). The SGBs continue with the process established by the CHE and they work with the Deans of universities and higher education in order to develop learning pathways, unit standards and qualifications for learners in the various sub-fields leading towards qualification in those sub-fields.
The CHE has completed and published standards for the 6 BEPCs that are overseen by the Council for the Built Environment (CBE), the entity that reports to the Minister of Public Works.
______________________________________________________________________
26 September 2016 - NW1775
Kohler, Ms D to ask the Minister of Public Works:
With regard to the 2014-15 annual report of the Council for the Built Environment (CBE), which noted that 51 of 170 applications to the Engineering Council of South Africa for Recognition of Prior Learning were not accepted in the specified financial year, (a) what were the reasons for each of the specified applications not being accepted and (b) how does the CBE plan to reduce the high proportion of unaccepted applications?
Reply:
The Minister of Public Works
(a) Recognition of Prior Learning (RPL) considers practicing individuals in the professions who do not have a formal qualification in their field of work. RPL enables the affected individuals to be recognised as either professionals or candidate professionals under the statutory-determined professional designations. Their recognition is based on a demonstration of competence against learning outcomes required for a National Qualification Framework (NQF) aligned qualification.
The reasons for rejection of applications were as follows:
- Inadequate exposure for candidates in other areas within the workplace where they are required to be competent.
- Difficulty in securing professionally registered mentors (lack of access to competent mentors also contributes to the barriers and this is linked to the lack of structured in-service training programmes).
- Incomplete reporting by the person applying for RPL and lack of supporting portfolio of evidence (this is one of the major reasons faced by applicants). This can be attributed to the applicants’ lack of clarity on the knowledge areas to be covered to assist with their progression in line with their Built Environment Professional Councils (BEPCs) required competency outcomes. Some of applicants have reported that they find the process of compilation of the Portfolio of Evidence to be onerous and highly demanding involved process, thus applicants fail to submit all required information.
(b) The Council for the Built Environment (CBE) and the six BEPCs are implementing the following interventions:
- Review of the RPL frameworks of the six BEPCs to ensure a fair and equitable process.
- Recording of interviews to monitor and promote transparency and consistent application of policy.
- Introduction of an on-line self-testing portal. This is done by the individual prior to submission of the application. The individual tests whether he/she is ready to start the application process.
- Identify programmes or courses to support applicants where they fall short.
- Assist candidates, who are struggling to complete the candidacy programme, by introducing structured candidacy programmes.
- Mentorship programme (assisting applicants in finding registered mentors to monitor the quality of the reports).
- Provide timeous feedback, in order to ensure applicants submit complete applications.
12 September 2016 - NW1673
Kohler, Ms D to ask the Minister of Public Works
Whether, with reference to his reply to question 1091 on 23 May 2016, any other form of furniture was replaced in any of the parliamentary villages in Cape Town (a) in the (i) 2014-15 and (ii) 2015-16 financial years and (b) since 1 April 2016; if not, why not; if so, what (aa) are the relevant details in each case and (bb) are the (aaa) names and (bbb) addresses of the organisations and/or entities that the used furniture was donated to and (ccc) is the physical address of his department’s central storage warehouse from where the specified used furniture is distributed?
Reply:
The Minister of Public Works
(a) (i) Yes, furniture was purchased by the Department of Public Works (DPW) during the 2014-2015 financial year.
(ii) No, furniture was purchased during the financial year 2015-2016 financial year.
(b) Yes, furniture was purchased by the DPW in the period starting from 01 April 2016. Details can be seen below.
(aa) Purchases made in the financial year 2014-2015;
DESCRIPTION |
QUANTITY |
|
ACACIA PARK 219 Units |
DOUBLE BED SETS |
219 |
PELICAN PARK 69 Units |
DOUBLE BED SETS |
69 |
LABORIA PARK 56 Units |
DOUBLE BED SETS |
56 |
ACACIA PARK 219 Units |
FRIDGE FREEZERS |
219 |
PELICAN PARK 69 Units |
FRIDGE FREEZERS |
69 |
LABORIA PARK 56 Units |
FRIDGE FREEZERS |
56 |
ACACIA PARK 219 Units |
SOFAS: 2 PER UNIT |
438 |
PELICAN PARK 69 Units |
SOFAS |
138 |
LABORIA PARK 56 Units |
SOFAS |
112 |
ACACIA PARK 219 Units |
COFFEE TABLES |
219 |
PELICAN PARK 69 Units |
COFFEE TABLES |
69 |
LABORIA PARK 56 Units |
COFFEE TABLES |
56 |
ACACIA PARK 219 Units |
DINING CHAIRS |
1314 chairs |
PELICAN PARK 69 Units |
DINING CHAIRS |
414 chairs |
LABORIA PARK 56 Units |
DINING CHAIRS |
336 chairs |
ACACIA PARK 214 Units |
CURTAINS |
214 units |
PELICAN PARK 69 Units |
CURTAINS |
69 units |
LABORIA PARK 56 Units |
CURTAINS |
56 units |
ACACIA PARK 9 UNITS |
FRIDGE FREEZERS |
9 |
ACACIA PARK 10 UNITS |
DOUBLE BED SETS: 2 PER UNIT |
18 |
PELICAN PARK 8 UNITS |
QUEEN BED SET |
8 |
ACACIA PARK 9 UNITS |
DINING CHAIRS: 6 PER UNIT |
54 |
ACACIA PARK 9 UNITS |
SOFAS: 2 PER UNIT |
18 sofas |
PELICAN PARK 5 UNITS |
SOFAS: 2 PER UNIT |
10 sofas |
ACACIA PARK 9 UNITS |
CURTAINS |
|
ACACIA PARK 9 UNITS |
COFFEE TABLES |
9 |
PELICAN PARK 5 UNITS |
COFFEE TABLES |
5 |
ACACIA PARK 9 UNITS side tables |
TV STANDS |
9 |
ACACIA PARK 9 UNITS |
MIRROR |
9 |
ACACIA PARK 9 UNITS |
DRESSERS / SERVERS |
9 |
PELICAN PARK 5 UNITS |
TV STANDS |
5 |
PELICAN PARK 5 UNITS |
SIDE TABLES |
10 |
Purchase made since 01 April 2016;
- 500 x double bed sets for Sessional Officials.
(bb) Organisations and / or entities that the used furniture was donated to:
No. |
(aaa) Names |
(bbb) Addresses |
1 |
Beaufort West Association for Persons with Disabilities |
Off N1, Banton Road , Beaufort West, 6970 |
2 |
Ikhaya Loxolo Lase Gugulethu |
NY 1 Gugulethu |
3 |
Leap Science and Maths School - Kuyasa Simthembile Old Age Home |
P.O. BOX 2229 Clareinch, 7740 |
4 |
Sivusizwe Dilimeni Deaf Foundation |
NY 53 NO. 62, Gugulethu |
5 |
Vision for the Development of Fizi - Videfi |
10 Robert Sobukwe Road, Bellville/7530 |
6 |
Douglas Murray (Wynberg Society for the Aged) |
53 Gordon’s Searle Street, off 12th Avenue, Retreat, 7945 |
7 |
St. Monica's |
38 Lion Street Schotsche Kloof Cape Town |
8 |
Siyanithanda Disabled Care Centre |
Cnr of Bill Jeffrey and Mayixhaye Street, Kwa-Nonqaba, Mosselbay |
9 |
Sonstraal Service Centre |
165 Blomnek Road, De Rust, 6650 |
10 |
Cape Mental health Society |
Private Bag x7 Observatory, 7925 |
11 |
Neighbourhood Old Age Homes (NOAH) |
P.O. Box 142, Woodstock, 7915 |
12 |
Tygerberg Association for Persons with Physical Disabilities |
P.O BOX 563, Goodwood 7459 |
13 |
Nyanga Senior Services |
503 Zwelitsha Drive Zwelitsha, Nyanga East 7755 |
14 |
Orion Organisation |
Reygersdal Anenue westleur, Atlantis, 7350 |
15 |
Kensington/ Factreton Meals on Wheels |
Kensignton Cape Town |
16 |
Huis De Kuilen |
Skoolstraat Kuilsriver, 7580 |
17 |
Langa Cheshire |
Langa Township, Cape Town |
18 |
Sobamabisana Community Development |
NO. 5 Klipfontein road Crossroad 7755 |
19 |
Abigail Women's Movement |
33 Galaxy Crescent, Ikwezi Park Khayelitsha, 7784 |
20 |
Parow Senior Sentrum |
62 Bedfordstraat, Parow, 7500 |
21 |
Commercial Service Centre |
Erfort Avenue, Elsies River, 7490 |
22 |
Masizimisele Community Development |
P.O.Box210 Langa, 7450 |
23 |
Helderberg Society for the Age |
Helderberg, Somerset West, Cape Town |
24 |
Bosman Adam Foundation Trust |
Lellienfontein Plaas, Hexberg Road Wellington |
25 |
Balula Home BasedCraft Centre |
JJ45 Squarter Camp Fisantikraal 7550 |
26 |
Touching Nations |
P.O.BOX 10104, Belhar, 7505 |
27 |
Hanova Park Youth Development |
31 Greenturf Road, Hanover Park, Cape Town |
28 |
Sonskyn Club for the aged |
P.O Box 17512 Lavistown, 7465 |
29 |
Fairy Gog Mother Community Project |
Hanover Park, Cape Town |
30 |
Philani Seniors |
|
31 |
Masibambane Sibuyise Isidima Sethu |
14 Nabe Way, Settlers Way, Langa Township, 7455 |
32 |
Siyazama Old Aged Home |
S.303 Nkomo Street, Site-B Khayelitsha, 7784 |
33 |
Bubuthu Bethu Organisation |
Langa Township, Cape Town |
34 |
Cape Peninsula Organisation |
Private Bag X7, Newlands 7725 |
(ccc) The physical address of the DPW Cape Town Regional Office’s central storage warehouse is: Customs House, basement store, Lower Heerengracht Street, Cape Town.
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12 September 2016 - NW1672
Kohler, Ms D to ask the Minister of Public Works
How many (a) cases of fraud and corruption in the Expanded Public Works Programme did his department investigate in the (i) 2012-13, (ii) 2013-14, (iii) 2014-15 and (iv) 2015-16 financial years, (b) of the specified cases involved ward councillors, (c)(i) criminal charges were laid and (ii) cases were successfully prosecuted and (d) ward councillors were subsequently removed from their positions in each specified financial year?
Reply:
The Minister of Public Works
(a) (i), (ii) and (ii) No cases of fraud were reported to the National Department of Public Works (NDPW) with regard the Expanded Public Works Programme (EPWP), in the 2012-13, 2013-14 and 2015-16 financial years.
(ii) In the 2015-16 financial year there was one case of a Ward Councillor from the eThekwini Municipality.
(b) (c) (i) and (ii) and (d) The NDPW immediate engaged the Municipality on this case and thereafter it was referred to the Municipality Ombudsman (Integrity Unit) for further investigation. The Ward Councillor unfortunately passed away during the course of the investigation. No criminal case was registered as a result of the death of the Ward Councillor. At the time of death the said individual was still serving as a Ward Councillor and had not been removed from their position.
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12 September 2016 - NW1675
Davis, Mr GR to ask the Minister of Public Works
(1) Whether a certain residential property (details furnished) is owned by the Government; if so, which department, Ministry and/or entity currently makes use of the specified property; (2) whether the specified property is currently being used as a residence; if not, what purpose is the specified property being used for; if so, who currently resides at the specified property?
Reply:
The Minister of Public Works
(1) and (2) Yes, the said property is under the custodianship of the Department of Public Works (DPW). It is used as official residence by a Member of the Executive.
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