Questions and Replies
08 October 2021 - NW2256
Motsepe, Ms CCS to ask the Minister of Health
What are the reasons that unemployed community nurses are not utilised for the vaccination programmes in areas where shortages of nurses exist?
Reply:
According to the Scope of practice of nurses, only professional nurses registered with the South African Nursing Council (SANC) are allowed to administer vaccinations. Enrolled nurses, also registered with SANC, may administer vaccinations under the supervision of a professional nurse, on condition that they receive the relevant training.
Currently, there are no nurses registered with SANC in the “community nurse” category. For this reason, the Department of Health (DoH) may not use nurses who are not registered with SANC.
END.
07 October 2021 - NW1888
Mabhena, Mr TB to ask the Minister of Public Enterprises
(1) In light of the fact that Pimville in Soweto has over the past 60 days experienced no less than 160 power cuts collectively across all the zones, besides the planned Eskom load-shedding schedules, which has resulted in disruptive and at times violent protests with negative impact on many small businesses in the area, and in view of the recent 11 power cuts in a space of 24 hours, on Tuesday 22 June 2021 in Pimville Zone 6, what (a) are the reasons that Eskom is totally ignoring the community of Pimville by not resolving the problem and/or offering a permanent solution and (b) measures has Eskom put in place to date to ensure that there (i) are no power cuts and (ii) is a permanent solution to the power cuts in Pimville; (2) whether there has been any assessment conducted recently to ascertain the extent of the damage to Eskom infrastructure in Pimville; if not, why not; if so, what are the details of the extent of the damage?
Reply:
According to the information received from Eskom:
(1)(a) Eskom is not ignoring the community of Pimville.
Eskom has responded to all 32 faults logged by the Pimville customers since June 2021. Regrettably, 24 of the 32 faults relate to cable theft, five to network overload and three were due to planned maintenance.
In the Pimville area Eskom has ~24 700 registered customers however 70% (~17 300) of these customers do not buy electricity.
The causes of power interruptions in Pimville are vandalism, cable theft and illegal connections which result in an overloaded network.
It is to be noted that queries and faults from customers that do not buy electricity are scheduled for meter audits. Upon auditing, customers that are found to be buying electricity legally are restored. However, customers that are found to be buying illegal electricity tokens; not buying at all; or have tampered meters, are issued with fines and their supply is only restored once payment of the tamper fine is received.
Recently, the longest outage experienced was due to infrastructure vandalism at Moroka substation which affected supply in multiple areas in Soweto, including Pimville. The vandalism resulted in an explosion at the substation which took almost a week to repair due to the extent of the damages.
Even though Eskom secures the substation, thieves still find a way to break in, steal cables and other equipment, leading to massive destruction and extended unavailability of electricity to customers.
(1)(b)(i) and (ii) Eskom has taken the following measures:
- Eskom replaced the credit meters with prepaid split meters in the area, where amongst other benefits customers are able to manage their consumption and limit it to their affordability, however most communities continue to bypass these meters resulting in vandalised equipment, indiscriminate use of energy and overloaded networks. Eskom has tried to remove these meter bypasses but experiences retaliation from the community which in some cases, makes it unsafe for our technicians to work in those areas.
- In cases where major networks are affected resulting in extended outages, Eskom dispatches technicians to the fault areas and customers are updated through contact details of the registered account-holders. Customers are also updated through media statements, radio, and via social media platforms such as Facebook and Twitter.
- Eskom implements load reduction in all areas where the networks are at risk of being damaged by overloading, and Pimville is one of these areas. Load reduction is carried out to prevent loss or damage of equipment and extended outages. Customers are notified of pending load reduction, which normally lasts for a maximum of five (5) hours and is implemented up to twice a day per customer.
- Eskom continues to educate customers on the safe and responsible use of electricity. Eskom encourages communities to protect their infrastructure by reporting any nefarious activities undertaken by their neighbours including Eskom technicians and contractors. Eskom intends to run community co-operatives where communities will co-own the problem and joint solutions will be sought and implemented.
(2) Yes, Eskom conducts routine assessments as required by our maintenance philosophies.
The tampering and the bypassing of meters, illegal connections and unauthorised operations result in electricity demand exceeding the design capacity of the network and overloads and damages electricity infrastructure i.e., transformers.
Of ~132 transformers in the area, six failed recently due to overloading however three have since been restored. The cost of replacing a transformer is ~R400 000.
For Pimville area alone Eskom has lost revenue of ~R36 million in the last four (4) months.
07 October 2021 - NW2067
Clarke, Ms M to ask the Minister of Public Enterprises
What is the (a) total number of sub-contractors that are currently on site at the Kusile Power Station project and (b) name of each sub-contractor; (2) Whether the contracts with all the sub-contractors are standard and include the penalty clause addendum; if not, why not; if so, what are the details of the penalty clause; (3) Wwhat (a) is the full budget for the Kusile Power Station, (b) spend of the budget has been realised, (c) additional budget was approved and (d) amount was overspent; (4) Wwhat is the (a) planned completion date of the project and (b) period that has gone over the set period of the contract; (5) (a) what is the amount spent on a monthly basis to provide (i) accommodation and (ii) meals for the specified contractors that are on site and (b) who is the supplier of the accommodation and meals?
Reply:
According to the information received from Eskom
(1)(a)&(b) Eskom does not engage with the sub-contractors, they are engaged by the principal contractors. Eskom therefore cannot provide details of sub-contractors.
However, there are 22 active principal construction and supply contracts at the Kusile project site.
(2) As mentioned above, Eskom does not engage with sub-contractors. However, for principal contractors:
The contracts in place are either from the International Federation of Consulting Engineers (FIDIC) or New Engineering Contract (NEC) suite of contracts and include specific Eskom approved clauses. The contracts include specific penalty clauses for performance issues and delays. The penalty clauses and the quantum of the penalty vary from one contract to the next – the penalties generally vary between 5% and 10% of the contract value.
(3)(a) On 14 December 2015, the Eskom Board approved a budget of R161.40 billion for Kusile Power Station, excluding interest during construction (IDC).
(3)(b) As at 31 July 2021, R142.93 billion (excluding interest during construction) was spent in relation to the budget.
(3)(c) No additional budget was approved.
(3)(d) No amount was overspent.
(4)(a) On 9 June 2020, Eskom Board approved a time extension only from 30 September 2022 to 31 May 2024 for commercial operation of the last unit (Kusile unit 6).
(4)(b) The approved project period is still valid and has not been exceeded (see 4a above).
(5)(a)(i) The average monthly spend on accommodation is R5.27 million, including value-added tax (VAT).
(5)(a)(ii) The average monthly spend on meals is R7.55 million, including VAT, which includes meals for residents at Kendal Village.
(5)(b) The current suppliers of accommodation are:
- Combined Accommodation (Kendal Village and Khaya Resort),
- Raziserve (Nan Hau and Cathy Hostel),
- Cross Atlantic Properties 219, and
- T L Marule Property Developer (Villa Shekina).
The current supplier of meals is: Tsebo Solutions Group ATS (Pty) Ltd.
Additional Information:
- We provide a list of contractors with whom Eskom has active principal construction and supply
contracts at the Kusile project site.
It is to be noted that there are 22 principal contracts with 17 contractors because some contractors have two or more contracts e.g. Alstom has two contracts; ABB has two contracts and Tenova Mining and Minerals has three contracts.
The 17 principal contractors are as follows:
1. MHI Power ZAF (Pty) Ltd and Mitsubishi Power Europe GmbH |
2. Aveng Africa |
3. Alstom S and E Africa (General Electric) |
4. Ingersoll Rand South Africa |
5. Kusile Civil Works JV |
6. PDNA Industrial Projects 7. (Mott Macdonald) |
8. Eskom Rotek Industries |
9. Zest Electric Motors |
10. Siemens |
11. Static Power |
12. SSBR (Stefanutti Stocks Basil Read Joint Venture) |
13. Honeywell Automation |
14. Industrial Water Cooling |
15. ACI Technical Services |
16. ABB South Africa |
17. Actom Contracting, a division of Actom |
18. Tenova Mining and Minerals |
2. We provide a historical view of all Kusile business case approvals:
ERA’s (Business Cases) |
ERA Value (excluding IDC) |
Approval Date |
Approved By |
ERA Rev. 0 |
R80.7Bn |
March/April 2007 |
Eskom Board |
ERA Rev. 1 |
R103.9Bn |
September 2009 |
Eskom Board |
ERA Rev. 2 |
R121.0Bn |
May/June 2011 |
Eskom Board |
ERA Rev. 3 |
R156Bn (P50) R161.4Bn (P80) |
December 2015 |
Eskom Board |
ERA Rev. 4 |
R156Bn (P50) R161.4Bn (P80) |
June 2020 |
Eskom Board |
07 October 2021 - NW2023
Cachalia, Mr G K to ask the Minister of Public Enterprises
Whether Siemens (a) had withdrawn their warranty on the steam pipes they supplied to Medupi because the pipes had not been cleaned as prescribed before installation and (b) warned that the pipes could burst under the introduction of steam; if not, in each case, what is the position in this regard; if so, what are the relevant details in each case; (2) Whether he has found that this was a major contributory cause to the explosion of 8 August 2021; if not, what is the position in this regard; if so, for what reason was this allowed to happen under reliability maintenance; (3) (a) what is the (i) cost of and (ii) estimated time frame for repairs and (b) how will this cost be financed?
Reply:
According to the information received from Eskom
(1)(a) and (b)
The incident is not related to the steam pipe / or steam generator as it occurred on the Electric Generator that is coupled to the steam turbine centreline through a Turbo Gen rotor. The Medupi Generators original equipment manufacturer (OEM) is General Electric (GE).
(2)
The 8th of August 2021 Medupi unit 4 generator failure incident is still under investigation, however, following the preliminary investigation, it appears that while performing the purging of hydrogen activity, air was introduced into the generator at a point where hydrogen was still present at sufficient quantities to create an explosive mixture. This is not related to the steam pipes or to issues with previous maintenance activities.
(3)(a)(i)
The final damage assessment will only be quantified once the all-turbine cylinders and the generator are fully stripped. The process underway is making the area safe to commence with stripping and internal inspections. The cost of repairs will be established once the contracts are placed as per detailed scope of work following damage assessments.
3(a)(ii)
The repairs will depend on the extent of the damage and the long lead components to be replaced. It is safe to say that the repair duration will be in excess of one year.
3(b)
Eskom has insurance cover for all its assets.
07 October 2021 - NW1816
Maotwe, Ms OMC to ask the Minister of Public Enterprises
What steps is he taking to turn around the situation of Mango, a subsidiary of the SA Airways, which is on the verge of collapse?
Reply:
Mango has been placed under Business Rescue and a Business Rescue Practitioner has been appointed to be responsible for the affairs of the airline. The Department will be providing oversight support during this process by ensuring that a sustainable model is developed for Mango. Of significance would be the restructuring of Mango to successfully ease the reliance of the airline from Government funding and taking into account the current market dynamics.
07 October 2021 - NW2111
Van Minnen, Ms BM to ask the Minister of Public Enterprises
(1) With reference to Denel’s presentation to the Standing Committee on Public Accounts on 24 August 2021, (a) what are the reasons for the 161% increase in the number of contractors from 1 April 2021 to 30 June 2021; (2) Whether any arrangement has been reached with the SA Revenue Service regarding the outstanding pay as you earn-debts owed by Denel; if not, what are the implications for Denel and its relevant officials as it pertains to possible criminal prosecution under section 234(p) of the Tax Administration Act, Act 28 of 2011; if so, what are the relevant details; (3) Whether the three executives implicated in the Ngidi report with respect to the R356 million VR Laser Group were suspended with pay or without pay; if not, why not; if so, what are the reasons; (4) What were the outcomes of the completed disciplinary action taken against the Denel employees implicated in the R69 million ENNE7 contract?
Reply:
According to the information received from Denel:
1. The increase in the number of contractors in the period from 1 April 2021 to 30 June 2021 was as a result of permanent employees, who resigned from their permanent positions and later offered their services on a fixed term basis.
2. SARS is amenable to granting Denel a deferred payment arrangement for the legacy tax debts and a compliant tax status provided the entity pays the current monthly Value Added Tax (VAT) and Pay as You Earn (PAYE) for August and the subsequent tax periods. Denel managed to pay the VAT due on 31 August but the PAYE remains unpaid.
SARS has indicated their intention to invoke the provisions of section 169 of TAA and recover tax that is due to the fiscus followed by the provisions of section 172 (Application for civil judgment for recovery of tax) in the event of not securing enough cash to liquidate the current outstanding liabilities.
Provisions of section 234(2)(k) that lead to conviction, fine or imprisonment for a period not exceeding two years may be applied by SARS against the management of Denel due to non-payment of VAT and PAYE withheld and not paid over to SARS.
3. The three (3) executives, implicated in the Ngidi Report are currently on precautionary suspension with full pay. The suspension with full pay is in line with the Denel SOC Ltd Disciplinary Code.
4. Four (4) employees who were implicated in the ENNE 7 contract were subjected to disciplinary hearings. Two were found not guilty. The other 2 were found guilty and were given Final Written Warnings. In addition to the Final Written Warning, one also received an additional 12 months suspension without pay.
07 October 2021 - NW1675
Cachalia, Mr G K to ask the Minister of Public Enterprises
What are the (a) full relevant details of the various agreements signed by him and his predecessors over the past 10 financial years on behalf of the Government with the Republic of Cuba, (b) reasons and (c) total amounts paid to any Cuban entity in the past 10 financial years by (i) his department and (ii) any entity reporting to him? NW1883E
Reply:
a) There are no agreements signed by the Minister of Public Enterprises and his predecessors over the past 10 financial years on behalf of the Government of South Africa.
b) Not Applicable,
c) Not Applicable,
(i) None.
(ii) None
07 October 2021 - NW1822
Buthelezi, Mr EM to ask the Minister of Public Enterprises
(1)What is the status of finalising the strategic equity partnership between SA Airways (SAA) and a certain company (name furnished), that would acquire 51% in SAA; (2) whether an amendment to the Memorandum of Incorporation of SAA has been concluded; if not, why not; if so, what are the relevant details
Reply:
- The due diligence is at an advanced stage and should be completed shortly. The parties have started negotiating the Sale and Purchase Agreement (SPA). After the successful completion of the SPA stage, we will be able to announce the completed deal to the public pending regulatory approval.
- Once the Sale and Purchase Agreement have been concluded, the Memorandum of Incorporation will be finalised.
07 October 2021 - NW1947
Motsepe, Ms CCS to ask the Minister of Social Development
In view of recent reports that the Republic has about 95 000 orphans as a result of the COVID-19 pandemic, what specific steps has her department taken with regard to taking care of the orphaned children?
Reply:
According to Children’s Act 38 of 2005, orphaned children are regarded as children in need of care and protection and therefore processes and steps as outlined in section 150 of the Act stating that such children must be placed in alternative care such as foster care and Child and Youth Care Centres (CYCCs) are being implemented. The Children’s Amendment Act affords potential parents the opportunity to adopt children who may be orphaned.
Orphans who are in the care of the family members benefit from Child Support Grant (CSG) as per provisions of the Social Assistance Act of 2004; and a top up grant that was introduced during COVID 19 to reduce the impact of the pandemic on families who these children are part of. The orphans who have relatives are also supported through the community-based prevention and early programme delivered in drop-in centres.
The department further employed over 1600 social workers during COVID 19 who amongst other services provided psychosocial support services to people in distress including orphaned children. The Gender Based Violence Command Centre was also operational 24 hours and accessible to all people including orphaned children. Through these initiatives the department was able to provide psycho social support services to more than 67 000 people including orphans.
The Department further implements Community-Based Prevention and Early Intervention (CBPEI) programme, which provides Core Package of Services (CPS) for vulnerable children. The aim of the community-based prevention and early intervention services to vulnerable children is to provide continuous support through an ecosystem and resilience-based approach. The Core Package of Services (CPS) are provided to all vulnerable children irrespective of the cause of the vulnerability during the pandemic to address different needs that they are presenting. The CPS was developed to operationalise community-based services for children, families and communities to reduce risks and build resilience in children.
The seven intervention domains of the CPS are:
• Food and Nutrition: Provide a safety net for children within their communities and where they can access food when the food provision in their family is insecure or where the child is at risk of stunting and malnutrition (cooked meals, food parcels).
• Psychosocial support: Improving children’s mental health by the early identification of children in emotional and psychological distress.
• Educational support: to increase access to and attendance of schools through for example, supporting children to overcome obstacles to attendance – such as lack of school uniform, lack of parental support for schooling and to support children in their educational performance.
• Economic Strengthening: aims at supporting and increasing the economic base of households through facilitating access to social security grants, entrepreneurial and other economic strengthening activities.
• Child care and protection: prevention of child abuse, neglect and exploitation and creating an enabling environment within the home, community and accessible services that will support parents to look after their children.
• Health promotion: Improve children’s health through better access to health care, promote and support access to sexual reproductive health services for girls and boys, and the early identification and support to children with disabilities, promote and support good WASH habits.
• HIV and AIDS services: Reducing children’s risk of contracting HIV by improved HIV awareness and sexuality education.
In addition to the implementation of the Core Package of Services (CPS) and in collaboration with the relevant stakeholders, an Emergency Response Plan was developed. The purpose of this Emergency Response Plan is to address the needs of vulnerable children who have been affected by the COVID 19 pandemic. The purpose of this Emergency Response Plan is to address the needs of vulnerable children who have been affected by the COVID 19 pandemic. Furthermore, the Children’s Act 38 of 2005 makes provision that all orphaned children, despite their circumstances around orphan-hood, they are accommodated in terms of section 150 which identifies them as children in need of care and protection.
07 October 2021 - NW1806
Arries, Ms LH to ask the Minister of Social Development
What (a) number of persons (i) were food insecure before COVID-19 and (ii) are currently food insecure in the Republic and (b) measures are in place to address the overall food insecurity in the Republic?
Reply:
a) The number of persons that (i) were food insecure (inadequate or severe inadequate access to food) before COVID-19 was about (20% of households) in the country (Stats SA, 2019) and
(ii) The number of people that are currently food insecure as in April/May 2021 was approximately 10-million people and 3-million were children (NIDS-CRAM, 2021).
According to the NIDS-CRAM Wave 5 estimates and StatsSA’s 2020 mid-year population estimates, approximately 2,8-million households (with 10,6-million residents) were affected by hunger in April/May 2021.
b) The measures in place to address the overall food insecurity include the provision of safety nets – such as food relief through nutrition support centres, food parcels and various types of social grants, including the recently re-introduced Social Relief of Distress Grant of R350 per person. Social Relief of Distress is also provided in the form of cash and vouchers on a temporary basis to support households in distress.
07 October 2021 - NW1842
Clarke, Ms M to ask the Minister of Transport
(1) What are the details of the (a) national and provincial departments involved in the Tambo Springs Logistics Gateway project in Ekurhuleni, (b) budgets (i) allocated and (ii) spent by the national and provincial departments to the specified project and (c) duration of the specified contract; (2) what (a) company was awarded the tender and (b) was the monetary value of the tender; (3) (a) what are the full relevant details of Transnet’s involvement in the contract and (b) how does Transnet anticipate to get rail to the Tambo Springs Logistics Gateway; (4) what total amount has (a) his department and (b) Transnet spent on the court cases regarding the roads designs and environmental impact assessments of the project to date?
Reply:
According to the information received from Transnet:
(1)(a) Not applicable to Transnet.
(1)(b)(i) and (ii) Not applicable to Transnet.
(1)(c) The concession was a 20 year concession for the Design, Build, Financing, Operating and Maintenance of Private Rail Terminal.
(2)(a) Southern Palace Joint Venture was awarded the tender. The Joint Venture company comprised of Southern Palace Group, Ferrovie stat o del Italia, Makoya Logistics.
(2)(b) The estimated capital investment into the terminal was R1.8bn
(3)(a) Transnet issued a Request for Proposal (CRAC-KGG-21543) for the development of a Private Rail Terminal at the Tambo Springs Logistics Gateway. Transnet was to acquire the required land for the Terminal and was responsible for the Bulk services and the Arrival and Departure yard investment. The concessionaire was responsible for the Design, Build, Financing, Operation and Maintenance of the terminal for 20 years. The Concessionaire was unable to provide the financial guarantees to proceed with the project as required by the RFP and bid award and the concession was cancelled. The transaction is under investigation by the Special Investigation Unit.
Subsequent to the award, the Concession was withdrawn and cancelled by Transnet as the Concessionaire failed to provide the required bidder guarantees.
(3)(b) The terminal would have been positioned adjacent to a section of the existing Gauteng Freight Ring rail infrastructure. No additional rail infrastructure was required
(4) (a) Not Applicable to Transnet
(4) (b) Transnet has not incurred any cost relating to court cases related to the road designs and environmental impact assessments.
07 October 2021 - NW1893
Cachalia, Mr G K to ask the Minister of Public Enterprises
In light of the fact that Transnet Port Terminals (TPT), the state-owned freight company’s division that operates the container terminals at the biggest ports of the Republic, including Cape Town, Port Elizabeth, Ngqura and Durban, has declared force majeure late on 26 July 2021 after its IT systems suffered a massive cyberattack the previous week that crippled its operations, (a) what is the extent and effect of the attack, (b) what is being done to (i) mitigate effects of the attack and (ii) ensure no repeat of the attack, (c) how did the attack come about, (d) who was responsible, (e) on what date is it envisaged that TPT operations will return to normalcy and (f)(i) what are the details of the impact of the attack on exports and imports and (ii) how are customers being assisted in the interim?
Reply:
According to the information from Transnet response:
(a) Initially all ICT systems were shut down to stop the spread of the malware. Some servers and some workstations that were online at the time of the attack were encrypted by the ransomware.
(b)(i) An incident response team was brought in to assist with the secure rebuild of the active directory servers. A second incident response team assisted with containing the incident and performing a forensic scan of all machines.
(b)(ii) Transnet was already in the process of rolling out additional security measures across the network. This has been fast-tracked and all machines that are brought back on on-line have the security stack deployed. A separate Endpoint Detection and Response (EDR) and forensic agent has been deployed on all machines before they were brought back online.
All older operating systems have been upgraded to current operating systems and were fully patched before being brought back online.
Transnet has also deployed a web access firewall, reverse proxy and an anti-distributed denial of service system for all public websites.
(c) It was a ransomware attack. There is a criminal investigation in progress.
(d) There is a criminal investigation in progress.
(e) All customer interfaces and the NAVIS terminal operating system have returned to normal. TPT has continued to keep customers and stakeholders informed of the progress made since Thursday 22 July 2021. Transnet will continue to engage in the dedicated daily recovery fora and meetings until all operations and the entire supply chains have normalised. For example, Transnet has a dedicated weekly recovery session with Business Unity South Africa, which commenced on 28 July 2021 and is planned to conclude on 20 September 2021. Other meetings with port stakeholders will continue daily, until congestion has been resolved.
(f)(i) Container volumes were delayed as a result of the cyber-attack or the resulting congestion. However, most imports and exports would still be serviced through SA or neighbouring Ports, albeit later than originally planned.
Automotive vessels were delayed due to system unavailability, which was mitigated by the implementation of manual processes. Some vessels have been diverted between terminals and other delayed volumes have caught up. Hence, the impact on volumes through SA ports is negligible.
In respect of Bulk and Breakbulk cargo, Business Continuity (manual processes) significantly mitigated the potential loss of volumes. No material impact is expected on Bulk and Breakbulk volumes as a result of the system down time.
(f)(ii) TPT will continue to engage in dedicated recovery forums, until all operations and the entire supply chains have normalised.
In addition to the broader fora, TPT engages directly with the shipping lines, to plan jointly to ensure fluid operations at the terminals and on the waterside.
07 October 2021 - NW1817
Maotwe, Ms OMC to ask the Minister of Public Enterprises
Whether it is his plan to (a) to sell public assets to private companies and (b) privatise ports under the control of Transnet, if not what is the position in this regard, if so what are the relevant details; (2) Whether he invited the President, MR C Ramaphosa, to visit the Port of Durban in light of the pending privatization of the port as well as Transnet Ports
Reply:
(1)(a) There is no plan to sell assets to private companies.
(1)(b) There is no plan to privatise ports under the control of Transnet. The position in this regard is to crowd in private capital to co-invest in the ports equipment, technologies, skills and operations with the aim of improving efficiencies of the country’s port systems which is critical for the country’s economic competitiveness ability to grow the export market and support the growth of local businesses.
Transnet’ balance sheet alone is not sufficient to support the investment resources required to upgrade the ports to worldclass standards. The private sector participation model leaves the ownership of the port and resultant improvements in the balance sheet of Transnet, enables the participation of the private sector in supply chain efficiencies as port users but still leaves the ownership of the entity with the State while simultaneously reducing the financial reliance on the national fiscus.
2. No. The invitation of the President was not informed by any plan to privatise the Port of Durban or any other port under Transnet. The visit by the President was to evaluate progress made from his visit to the Port of Durban in October 2019. During that visit, many local businesses and port users raised specific concerns about the performance of the Port of Durban. Shipping companies in particular, expressed concern about the low productivity levels in the port which included amongst others, truck congestion and waiting times, ship berthing delays and poor reliability of critical port equipment. The visit in April 2021 was aimed at affording the President a firsthand check on the progress against the commitments that were made in the 2019 visit; and for Transnet to apprise him about further plans to reposition the port. This was to reinforce the commitment that the President had made to local business regarding the improvement of the efficiencies at South African Ports.
07 October 2021 - NW2271
Buthelezi, Mr EM to ask the Minister of Public Enterprises
(1).Whether, in light of the mooted decisions by responsible government entities, including Eskom, to procure nuclear energy, the Government and the specified entities have financial resources required to procure nuclear energy, particularly given Eskom’s huge debt and gigantic year losses in the preceding years; if not, why not; if so, what are Eskom’s financial reserves in figures in this regard; (2) whether the Government will step in and inject capital in Eskom for the procurement of nuclear energy; if not, what is the position in this regard; if so, what total amount has been set aside for this purpose; (3). What conditions influenced a return to procure nuclear energy, given that not less than five years ago the procurement of nuclear energy was abandoned due to, inter alia, its allegedly unsustainable price tag
Reply:
According to the information received from Eskom
(1)
Eskom maintains the position that it supports nuclear power, in particular the life extension of Koeberg Power Station. The procurement process is being dealt with by the Department of Minerals and Energy (DMRE) in accordance with IRP19. The DMRE should be approached for any further information.
(2) this matter is being dealt with by the Department of Minerals and Energy (DMRE) in accordance with IRP19. The IRP makes it clear that additional nuclear power generation will only be added to the electricity mix at a pace and scale that the country can afford .The DMRE should be approached for any further information.
(3) the DMRE is best placed to respond to this.
Eskom is ready to provide support where needed as the operator of nuclear power plants in South Africa, and in accordance with the Nuclear Energy Policy of 2008.
07 October 2021 - NW2264
van der Merwe, Ms LL to ask the Minister of Social Development
What measures has her department put in place to prevent unsafe baby and child abandonment that has been reported to contribute to death, disability and illegal adoptions?
Reply:
With regards to child protection of children from exposure to possible death or disability;
Section 150 of the children’s Act 38/2005, makes provision for child in care and protection including a child who may be abandoned as a child in need of care and protection.
Section 151 of the Act also makes provision for the removal of such children to any alternative placement if the current environment is of danger to that particular child.
Alternatively, section 157(3) of the Children’s Act 38 of 2008 Act provides that a very young child who has been abandoned or orphaned, must be made available for adoption in a prescribed manner and within the prescribed period, except when this is not in the best interests of the child; only the Children’s Court can make such a determination.
The following are steps which can be taken by Social Workers
According to Regulation 56, if it appears that the child has been abandoned or orphaned, the designated social worker must:
- Develop an advertisement to be published in at least one local newspaper circulating in the area where the child has been found calling upon any person to claim responsibility of the child.
- A copy of the advertisement must be submitted to the Presiding Officer who must be satisfied that the child has been abandoned or orphaned.
- A period of at least 3 months must lapse since the publication of the advertisement and that no person has claimed responsibility of the child.
- Before the child can be made available for adoption, two affidavits are required:
- By the social worker setting out the steps taken to trace the child’s biological parent/s, guardian/s or care-giver/s; and the effect that the child’s parent/s, guardian/s or care-giver/s cannot be traced, and
- By any other person, if any, who can testify to the fact that the child has had no contact with his or her parent/s, guardian/s or care-givers for a period of at least 3 months.
Advertising of children for the purpose of adoption:
- No person may publish or cause to be published in any form or by any means an advertisement dealing with the placement or adoption of a specific child.
- The child has the right not to be advertised or paraded as being available for adoption through any means including print and electronic media, such as newspaper, magazines, radio, internet, face-book, etc.
- Publication of advertisement for the purpose of recruiting prospective adoptive parents may be done by accredited adoption service providers on print and electronic media. However, such advertisement should not publish or photo list a specific child, but should give a profile of adoptable children available for adoption and express their need to be adopted and have permanent homes. Recruitment may also be done through promotional materials on adoption, presentations and community awareness campaigns at clinics, hospitals, churches, social clubs, and shopping malls and any other public facilities, etc.
- Any illegal advertisement can expose children to the abduction, sale and trafficking in children, which is likely to be done as a systematic organised operation or crime syndicate.
• Any violation to this provision of the Act relating to advertising is regarded as an offence in term of Section 305 of the Act and severe penalties may be imposed by law.
- As far as possible, the child should be placed in adoption as early as possible to enhance bonding with the adoptive family and reduce adjustment problems.
In a case of an abandoned child, the social worker must also:
- Gather all the necessary information and affidavit/s from person/s who found or reported the child as abandoned.
- Report the matter to the police, acquire a police case number and request the police assistance in investigating the child’s biological parent/s or guardian/s’ identity and whereabouts.
- Follow up with the police if child’s parent/s were traced or not and request a copy of the police report if untraceable.
- Place the child legally in a temporary safe care/ child and youth care centres pending further investigations and follow up on every lead and information if there was no person/s who made any contact with the child.
- Children should not be kept in cycc for an indefinite time, the social workers must always have a permanency plan for them and there should be a progressive movement towards their final placement into permanent families.
- According to the alternative care strategy, the social worker need to re-assess those children that have being in child and youth care centres for a long period, to determine if they can be adoptable.
- Provide the child with the name and surname, ensure the age estimation of the child by the Children’s Court and thereafter, register the child’s birth with the Department of Home Affairs.
- Ensure the medical examination and testing of the child is done and receive the child’s medical certificate/ report. The child’s medical report assist the prospective adoptive parent/s to make an informed decision about adopting the child or not.
In case of an orphaned child, the social worker must also:
- Submit a death certificate/s of the child s parent/s, guardian/s or care-giver/s must also be submitted to the Presiding Officer.
- If the death certificate cannot be obtained, an affidavit by a person/s, it can be the extended family member/s, community member/s or friends, who can testify to the death of the child s parent/s, guardian/s or care-giver/s, must be submitted. The full identifying details of the deceased, the date of birth/ identity numbers as well as the date of death are required on the affidavit.
- The adoption of an orphaned child may only be considered if the child has no guardian/s or care-giver/s including extended family member/s that is willing to adopt the child.
- Obtain a statement from the child’s guardian/s or care-giver/s or extended family member/s confirming that they will not be able to take care of the child or adopt him/ her.
- Consent of the child’s guardian/s should be obtained and signed at the Children’s Court in front of the Presiding Officer.
- If one of the child’s parents is still alive and available, his/ her consent should be obtained, if that parent agrees to the adoption of a child.
- If the other parent of the child is alive, but not available or the whereabouts are unknown, efforts to trace him/ her should be made by the social worker with the assistance of the police, before the child can be adoptable.
- If the surviving parent of a child is a biological father who was not married to the mother of the child, he should be given preference to adopt his own child.
- Ensure the medical examination and testing of the child is done and receive the child’s medical certificate/ report. The child’s medical report assist the prospective adoptive parent/s to make an informed decision about adopting the child or not.
Consent for giving up a child for adoption
The following steps should be taken when biological parent/s or guardian/s has consented to their adoption – this is similar to when a mother does not want to keep the child rather she intends to give up the child for adoption
- An adoption of a child can only takes place after the required consent to the adoption has been obtained from the biological parent/s or guardian/s of the child, provided they are available.
- The child must also sign legal consent him/ herself, provided the child is of 10 years of age, if less than 10 years, maturity and stage of development to understand the implications of signing consent for his/ her adoption should be considered.
- The period of at least 60 days has lapse for withdrawal of the consent by the persons mentioned here and as alluded above.
- Once the required consent is obtained without been withdrawn, then the child can be adoptable.
Children whose biological parent/s or guardian/s’ consent to the adoption is not necessary or required by Court
There are different circumstances where consent for the adoption of a child is not required and the Court may dispense with such consent due to the following:
- Biological parent/s or guardian/s is incompetent to sign consent due to mental illness and this must be supported by a medical report from a qualified psychiatrist.
- Children who have been abandoned and the whereabouts of their biological parent/s or guardian/s cannot be established or their identities are unknown.
- Abused or deliberately neglected children.
- The biological parent/s or guardian/s has consistently failed to fulfil their parental responsibilities towards their children during the last 12 months.
- Guardianship in respect of the child has been terminated by the court; this could free a child for adoption when progress has not being made with efforts to reunite the child with their biological parent/s or guardian/s.
- The biological parent/s or guardian/s has been divested by an order of court of their right to consent to the adoption of their children.
- The biological parent/s or guardian/s has failed to respond to a notice of the proposed adoption within 30 days of serving the notice.
- Orphaned children who have no guardian/s or caregiver/s who are willing to and able to adopt those children; and the court has been provided with certified copies of their parent/s or guardian/s’ death certificate or other documentation as required by court.
- If biological father of the child is not married to the child’s mother, and was not married to her at the time of conception or at any time thereafter, and he has not acknowledged that he is the father of the child by:
(a) Giving a written acknowledgement that he is the biological father of the child either to the mother of the child or the clerk of the children’s court before the child reaches the age of 6 months;
(b) Voluntarily paying maintenance in respect of the child;
(c) Paying damages in terms of customary law; or
(d) By causing his particulars to be entered in the registration of birth of the child in terms of the Birth and Death Registration Act 51 of 1992 of DHA.
- The child was conceived from an incestuous relationship between the biological father and the mother, or
- The court following an allegation by the mother of the child, finds on the balance of probabilities that the child was conceived as a result of rape of the mother.
- If the biological parent/s or guardian/s is unreasonably withholding consent for the adoption of the child.
- In determining that consent is withheld unreasonably, the court must take into account all relevant factors, including the following:
(a) The nature of the relationship during the last 2 years between the child and the person withholding consent and any findings by court in this respect;
(b) The prospects of a sound relationship developing between the child and the person withholding consent in the immediate future.
07 October 2021 - NW2207
Clarke, Ms M to ask the Minister of Public Enterprises
(1)In terms of Alexkor’s contract with Scarlet Sky Investments, what (a) are the relevant details of the marketing contract term of the specified company and (b) was the time period of the specified contract; (2) Whether the company fulfilled the period of the contract; if so, what are the relevant details; if not, (3) Whether any payment was made to the company at the time of the contract; if not, what is the position in this regard; if, so, what are the relevant details of the payments; (4) What was the (a) name of the company that was appointed to replace Scarlet Sky Investments and (b)(i) duration and (ii) cost of such a contract; (5) Whether, with the appointment of the new company to replace Scarlet Sky Investments, an independent valuator was appointed; if not, why not; if so, what are the relevant details?
Reply:
According to the information received from Alexkor
1. (a) The initial contractual obligations were to buy Alexkor Richtersveld Mining Company Pooling and Sharing Joint Venture (PSJV) production and pay the nett value percentage to PSJV.
(b) The initial period was 3 years as stated above. Then it was amended to include IMDSA (Deep sea marine mining), at this point SSI changed the operating model to buy, market and sell. Which was not the original plan at the tender stage.
(2) The company did change the model agreed to tender system which was agreed to by previous management to buy the whole production. This means that they did not fulfil the obligations initially agreed to.
3. The agreement payment was 1.5% commission for all carats sold at the tender. It was paid in full and no outstanding amounts.
4. (a) No company was appointed, Alexkor SOC is conducting the marketing and selling function in house with corporation from Diamond Export and Exchange (DEEC) and Government Diamond Valuation (GDV) office.
5. No company was appointed, Alexkor SOC is processing in house with corporation from DEEC. The Contractors and the Alexkors appointed evaluators are still in operation.
07 October 2021 - NW1935
Clarke, Ms M to ask the Minister of Public Enterprises
What is the total number of technically skilled staff members that (a) Denel Vehicle Systems has lost in the past three financial years and (b) are currently employed at Denel Vehicle Systems. (2) What (a) are the full details of the tenders that Denel Vehicle Systems finalised in terms of due process in the past three financial years and since 1 April 2021, (b) is the total monetary value of each specified tender and (c) are the full details of successful bidders in respect of each tender; (3) (a) what contract is currently being finalised by Denel Vehicle Systems, (b) what is the value of the specified contract, (c) how does Denel Vehicle Systems intend to finance the specified contract in light of its financial constraints and (d) what is the current financial status of Denel Vehicle System; (4) whether Denel Vehicle Systems will be able to raise the capital to finance the specified contract that is currently being finalised; if not, what is the position in this regard; if so, what are the relevant details NW2068E
Reply:
According to the information received from Denel:
1(a) Technically Skilled lost in past 3 Financial years = 173
1(b) Total number of technically skilled currently employed = 157
2.(a)- (b) details of the tenders that Denel Vehicle Systems (DVS) finalised in term of due process in the past financial years are mentioned in Annexure 1.
3. The business has existing contracts with customers and are at the different stages. These are shown in Annexure 2: DVS Existing contracts. Along with these are the opportunities at varying stages:
(a) DVS has submitted a number of proposals to various potential clients but none are at the stage of being finalised;
(b) The new opportunities are valued at R700 million;
(c) DVS would seek project financing from corporate office, alternatively it would be asking clients to pay for material directly to suppliers where possible.
(d) The business is financially strained and cannot meet short to medium term financial obligations.
4. Financing of Programmes
(a) DVS is not in a position to raise any capital to finance these contracts due to liquidity challenges;
b) DVS is seeking external sources to finance existing programmes as well as the potential contracts.
07 October 2021 - NW2206
Clarke, Ms M to ask the Minister of Public Enterprises
Whether he has been notified of any land claims against the SA Forestry Company SOC Limited; if not, what is the position in this regard; if so, (a) what (i) total number of land claims, (ii) is the status of each specified land claim and (iii)(aa) total number of claims have been settled and (bb) is hampering the settling of the land claims, (b) has any title deeds been handed over to the local folk in terms of the process and (c) how has the land claims been dealt with to date?
Reply:
According to the information received from Safcol
a) (i) Total number of land claims: 46 (1X KZN, 24X Limpopo, 21X Mpumalanga)
(ii) Status of each specified land claim: Status of each claim indicated in Annexure A.
(iii) (aa) Total number of land claims that have been settled: 4 settled.
(bb) Challenges hampering the settling of land claims: finalization of claims by the Department of Agriculture, Land Reform and Rural Development. Signoff of title deeds handover by respective departments.
b) Title deeds handed over: 1 Mpumalanga CPA
c) How land claims are dealt with by SAFCOL to date:
(i) Engage land claimants proactively in terms of SAFCOLs Proactive Community Engagement Model (before settlement of land claim) to establish commercial partnerships in the value chain:
Value Chain Position |
Description |
Downstream |
Utilising SAFCOLs final products |
In the value chain |
Directly related to SAFCOL |
Related activities |
Conservation, tourism, unplanned areas, agro-forestry |
Upstream |
Before entering SAFCOLs value chain |
04 October 2021 - NW2035
Hunsinger, Dr CH to ask the Minister of Transport
(1)Whether, with reference to the reply to question 898 on 20 April 2018, operating costs stated, only include the limited kerbside services; if not, what is the position in this regard; if so, how is the huge cost of limited kerbside services justified; (2) whether the operational costs include payments of consultants; if not, what is the position in this regard; if so, (a) what amount is to be paid to consultants in each year, (b) on what date will the consultants contracts come to an end and (c) what is the purpose of employing consultants in each case?
Reply:
1. The operational costs were for kerbside services of up to 22 buses by 2019/2020. During 2020/2021, the services expanded to 40 buses. It is envisaged that trunk stations will be operational in 2021/2022.
Due to delays in procuring buses and concluding minibus negotiations, the earlier projection of R258 million in operating costs for 2018/19 did not materialise and the City projects R214 million for 2021/2022.
The DoT has expressed concern at these costly interim operating costs and interim compensation and has requested that the City attempt to minimise costs and maximise revenues even prior to full trunk station operations commencing.
The City is currently exploring how it can reduce any contractual costs without jeopardising minibus operator negotiations.
2. The operations costs exclude consultants and are direct payments to the bus operating company.
(a), (b), and
(c) Consulting costs fall under the Project Management line item and are estimated at R57 million for 2021/2022. This covers professional services related to stakeholder consultation, contract monitoring and optimisation, system planning, minibus negotiations, universal access for people with disabilities, etc.
The DoT has informed all cities repeatedly over the past three years, that consulting costs via general purpose project management procurements is to be minimised and ultimately avoided and that specific specialised consulting services should be procured directly on a needs basis without costly Intermediary sub-contracting arrangements.
RECOMMENDATION
3. It is recommended that the EA approves the reply, should he concur with its content.
MS KHIBI MANANA
ACTING DEPUTY DIRECTOR GENERAL: PUBLIC TRANSPORT
DATE:
MR M.E. MOEMI
DIRECTOR-GENERAL
DATE:
DECISION
Reply approved/amended.
MINISTER F.A. MBALULA, MP
MINISTER OF TRANSPORT
DATE:
Date: 15/02/2018
Private Bag X 193, 159 Cnr. Struben and Bosman, Forum building, Pretoria, 0001, Tel; 012 309 3172, Fax: 012 328 5926
PARLIAMENTARY QUESTION FOR THE MINISTER
QUESTION 2035 (QUESTION PAPER NO 19, 27 AUGUST 2021) FOR WRITTEN REPLY IN THE NATIONAL ASSEMBLY
2035. Mr C H H Hunsinger (DA) to ask the Minister of Transport:
(1) Whether, with reference to the reply to question 898 on 20 April 2018, operating costs stated, only include the limited kerbside services; if not, what is the position in this regard; if so, how is the huge cost of limited kerbside services justified;
(2) whether the operational costs include payments of consultants; if not, what is the position in this regard; if so, (a) what amount is to be paid to consultants in each year, (b) on what date will the consultants contracts come to an end and (c) what is the purpose of employing consultants in each case?
NW2272E
REPLY:
. The operational costs were for kerbside services of up to 22 buses by 2019/2020. During 2020/2021, the services expanded to 40 buses. It is envisaged that trunk stations will be operational in 2021/2022.
Due to delays in procuring buses and concluding minibus negotiations, the earlier projection of R258 million in operating costs for 2018/19 did not materialise and the City projects R214 million for 2021/2022.
The DoT has expressed concern at these costly interim operating costs and interim compensation and has requested that the City attempt to minimise costs and maximise revenues even prior to full trunk station operations commencing.
The City is currently exploring how it can reduce any contractual costs without jeopardising minibus operator negotiations.
2. The operations costs exclude consultants and are direct payments to the bus operating company.
(a), (b), and
(c) Consulting costs fall under the Project Management line item and are estimated at R57 million for 2021/2022. This covers professional services related to stakeholder consultation, contract monitoring and optimisation, system planning, minibus negotiations, universal access for people with disabilities, etc.
The DoT has informed all cities repeatedly over the past three years, that consulting costs via general purpose project management procurements is to be minimised and ultimately avoided and that specific specialised consulting services should be procured directly on a needs basis without costly Intermediary sub-contracting arrangements.
MINISTER F.A. MBALULA, MP
MINISTER OF TRANSPORT
DATE:
04 October 2021 - NW1119
Lees, Mr RA to ask the Minister of Transport
(1)Whether the SA Civil Aviation Authority (SACAA) has established an Independent Accident/Incident Investigation Board; if not, why not; if so, what are the details of the board including, but not exclusively, (a) details of the members of the board, (b) details of the payments made to each member of the board for each year of its existence and (c) details of all accidents and/or incidents that the board has investigated since it was established; (2) whether an annual budget was allocated for the operations of the board since its establishment; if not, why not; if so, (a) from which financial year has an annual budget for the board been allocated and (b) what are the details of the budget in each financial year since it was established; (3) whether the allocated budget was spent in each financial year; if not, why not; if so, what are the relevant details of the expenditure; (4) what are details of the person(s) and/or institution(s) that are conducting an investigation into the alleged Alpha Floor incident that occurred during an SA Airways flight on or about 24 February 2021?
Reply:
1. Section 10 of the Civil Aviation Act 13 of 2009, which was supposed to establish the Aviation Safety Investigation Board, as an independent entity for investigation of aircraft accidents and incidents is not in force. The Chapter dealing with aircraft accident and incident investigation is part of the Civil Aviation Bill which is currently before parliament. An independent aircraft accident and incident investigation board will, therefore, be established upon proclamation of the Bill.
2. The Board has not yet been established. The budget will be appropriated upon the approval of the Civil Aviation Bill.
3. There is no allocation for the Board as it does not exist.
4. The Accident and Incident Investigation Division of SACAA is conducting the investigation in an independent manner in line with the Ministerial Order issued by the then Minister of Transport. Upon conclusion of the investigation, the incident report will be made public.
04 October 2021 - NW2192
Cuthbert, Mr MJ to ask the Minister of Trade, Industry and Competition
(1)To what extent will the intended localisation policies affect (a) goods and services to be traded under the African Continental Free Trade Agreement (AfCFTA), both directly and indirectly, (b) domestic, regional, and continental supply chains, (c) non-localised demarcated sectors and (d) trade relations with other member states of the AfCFTA, including possible retaliatory measures imposed by them against South African industries; (2) whether a holistic socioeconomic impact assessment will be carried out to determine the cumulative effects of the proposed localisation policies on the economy; if not, why not; if so, what are the relevant details; (3) what measure of coordination has there been with The Presidency to ensure that there is consensus on the desirability of the proposed localisation policies, considering the fact that the President, Mr M C Ramaphosa, has welcomed the AfCTFA?
Reply:
The SA Government’s industrialisation and localisation policies aim to build and upgrade domestic production to supply domestic and foreign markets, support wider economic development and promote employment growth. As we build domestic production capabilities, we expect to see greater levels of value added exports to the rest of the world, including to other African markets as the African Continental Free Trade Area (AfCFTA) Agreement is operationalised and the tariff reductions specified under its terms are progressively implemented.
While Government, business and labour have together in Nedlac identified sectors that hold great potential for upgrading, all firms in SA continue to have access to the policy tools, incentives and programs offered by Government for upgrading and development. As indicated in a reply to a previous parliamentary question, localisation policies are entirely consistent with SA’s international trade obligations and building industrial capacity is the very purpose of the AfCFTA. Indeed, other African countries see the AfCFTA as an incentive to their programmes to build agricultural and industrial productive capacity for export under the AfCFTA.
SA is already integrated into global supply chains and our industrial policy, of which localisation is integral, seeks to ensure we move up the value chain to retain a greater share of the value created by participation in those supply chains. An important objective of the AfCFTA is to encourage the development of more value chains amongst African economies. Rules of origin are powerful instruments in this regard as they determine the level of African value in traded goods – both inputs and finished products – that must be met to benefit from the AfCFTA tariff preferences. In this way, the rules of origin incentivise both greater African production and the development of African value chains that underpin growth in intra-African trade.
There is ongoing monitoring of the impact of various localisation measures being implemented. In my address to Parliament during the Trade and Industry Budget Vote in May this year, details of the impact was shared with honourable members. As the localisation policies have been agreed with other social partners, both the business and labour constituency will be evaluating the impact of, and reporting on successes with localisation policies.
President Ramaphosa, as the previous Chair of the African Union (AU), oversaw important work leading to the establishment of the AfCFTA that is integral to the wider structural transformation agenda adopted by all AU Members in 2015 under “Agenda 2065: The Africa We Want”. This agenda is premised on an integrated work program built on market integration through the AfCFTA, building cross border infrastructure across Africa and through cooperation on African industrialisation.
Cooperative work on industrialisation is overseen by the AU Specialised Committee of Ministers of Trade, Industry and Mineral Resources. At its recent meeting, the Committee advanced work across a wide range of areas including: commodity beneficiation; developing an African fashion industry value chain; developing common product standards; strengthening trade facilitation, infrastructure and future work to map and develop existing continental and regional value chains.
On 15 October 2020, President Ramaphosa tabled before a joint-sitting of Parliament, an Economic Reconstruction and Recovery Plan (ERRP), aimed at stimulating equitable and inclusive growth in South Africa in the wake of the COVID19 pandemic. The ERRP was the culmination of work with social partners at Nedlac over a number of months. It reflects a consensus amongst the social partners that there should be substantial structural change in the economy that would unlock growth and allow for development. The plan has identified nine key policy interventions, one of which is localisation. It also supported the expansion of markets for SA manufactured products through the AfCFTA.
-END-
04 October 2021 - NW2269
Cebekhulu, Inkosi RN to ask the Minister of Trade, Industry and Competition
(1) In light of the fact that the Republic to date has received 23,4% of its Johnson & Johnson supply, yet Aspen has been exporting some of its Johnson & Johnson vaccines abroad, what efforts is his department making in negotiating for Aspen to receive a full technology transfer agreement and not leave the fight to civil society alone considering the monopoly enjoyed by Johnson & Johnson, (2) whether his department will consider a revision of the Republic’s patent laws to ensure that big pharmaceutical companies do not take advantage of the intellectual property laws at the expense of ordinary South Africans whose health should be a priority; if not, why not; if so, what are the relevant details? [NW2577E]
Reply:
(1) the dtic and other Government departments have worked together to build local capability in the production of Covid-19 vaccines. The actions included among others:
- Support to Aspen Pharmacare for the building of a world-class manufacturing facility in the Eastern Cape that was able subsequently to meet the technical standards to qualify as one of seven manufacturing plants globally for the completion of fill and finish contracts with J&J
- Initiating a request at the World Trade Organisation (WTO) in October 2020, together with India, for a waiver of certain provisions of the TRIPS agreement that regulates use of intellectual property. The effect of this would be to enable production of vaccines and use of technologies during the pandemic without the veto that patent-holders currently have. This has now secured the support of more than 100 countries, a number of former Heads of State and Nobel laureates as well as religious organisations, civil society formations, medical professionals and members of parliaments across the world; and holding bilateral meetings with a number of countries to secure their support
- Engagement with J&J that resulted in an agreement that the bulk of vaccines manufactured in SA would be for use domestically and elsewhere on the African continent
- Advocacy efforts to have licensing agreements between SA-based companies (including Aspen Pharmacare) and large global pharmaceutical companies, accompanied by transfer of technology. We refer the Honourable Member to the announcement by Aspen Pharmacare in respect of talks on a licensing agreement with J&J and the public statement by the dtic.
- Engagement with the German and French governments and BionTech regarding the transfer of technology and manufacturing rights in respect of the Pfizer vaccine to another SA company, namely Biovac, which h was followed by the announcement of a partnership agreement; and
- Discussions with Nantworks about Covid-19 vaccine development and the prospects of establishing a manufacturing facility in SA in future.
SA is now designated by the World Health Organisation (WHO) as one of the new production Hubs for COVID-19 vaccines using approved mRNA technology. We continue to engage with intellectual property patent holders for full access to the requisite technology under the Access to COVID Tools (ACT)-Accelerator initiative, launched by WHO and partners, and co-chaired by SA and Norway.
2. the dtic has completed extensive work on a draft Patents Bill (PB) that will be submitted to Parliament in due course, after it has been considered by Cabinet. The PB aims to update and reform SA’s patent legislation, bring it in line with new developments in the patent regime and ensure consistency with international best practice. Subject to the outcome of the consideration of the Bill within the executive, it is expected that it will provide for special measures to address use of patented products during a health crisis. As soon as the terms of the Bill is finalised and agreed, a public consultation process will commence.
-END-
04 October 2021 - NW2107
Hunsinger, Dr CH to ask the Minister of Transport
On what date did the (a) Bus Rapid Transport (BRT) kerbside and (b) trunk route both become fully operational; (2) whether negotiations with taxi associations have been completed; if not, what are the obstacles preventing finalisation of the negotiations; if so, what are the relevant details; (3) on what date were all the pedestrian bridges (a) completed and (b) opened?
Reply:
(1)(a) The BRT kerbside operations of the City of Ekurhuleni’s Bus Transport commenced in October 2017 with an introductory service (operating with limited buses). In January 2019, the system was expanded further North, to commence from Tembisa Hospital. The kerbside operations use portions of the dedicated lanes, except in areas where construction is underway at stream crossings and trunk stations.
(b) The BRT trunk route operations are planned to commence from September 2021 in a staged approach. The operations of the trunk route have been delayed by the construction of median trunk stations and the stream crossing. The trunk route is expected to be fully operational during the 2021/2022 financial year as the stations are at practical completion and significant progress has been made on the stream crossings construction.
2. The following processes needs to be completed:
- Registration process (identification of affected operators) – negotiations canonly be undertaken with the affected operators;
- Cost component of the Business Value Surveys (revenue information hasbeen signed off); and
- Execution of the Market Share Surveys.
As a result, negotiations can only be undertaken after all the above relevant Industry Transition processes have been completed.
(3)(a) Construction of the pedestrian bridges was completed in June 2019.
(b) The bridges are not yet fully open pending completion and operationalization of the median trunk station in September 2021. Pedestrians have however been allowed to use the bridges to cross the trunk route since completion in June 2019.
04 October 2021 - NW2108
Hunsinger, Dr CH to ask the Minister of Transport
Whether, with reference to his reply to question 687 on 3 April 2019, his department has withheld any transfers; if not, why not; if so, (a) what amount has been withheld, (b) from what date were transfers withheld and (c) what are the further relevant details?
Reply:
a) There were no transfers that were withheld, in the 2018/2019 financial year for the municipality.
b) Not Applicable.
c) Even though transfers were not withheld, a portion of the Public Transport Network Grants (PTNG) Allocations was stopped, in terms of the Division of Revenue Act (DoRA) section 19, in order to mitigate and reduce the municipality’s low expenditure trajectory.
An amount totalling R90 million was effectively stopped, made up of an initial R48,5 million identified by National Treasury and Department of Transport as part of the expenditure review. An additional R41,5 million was volunteered by the municipality.
The municipality’s original PTNG allocation amounting to R694,6 million was reduced to R604,6 million.
The stopped R90 million allocation was subsequently reallocated, in terms of DoRA section 20, to other municipalities within the PTNG programme, based on their capacity to absorb further allocations.
30 September 2021 - NW2128
Schreiber, Dr LA to ask the Minister of Public Service and Administration
What (a) is the detailed breakdown of the current average salary for each of the 16 salary bands in the Public Service, (b) total amount will be spent annually in terms of the latest Public Service wage agreement on paying public servant salaries in each of the 16 salary bands, (c) total amount of that amount will be spent annually on employees in each specified salary band in the Public Service and (d) is the breakdown of the total number of employees currently employed in each of the 16 salary bands in the Public Service?
Reply:
a) The detailed breakdown of the current average salary for each of the 16 salary bands in the Public Service:
Salary level |
Current average salary per salary level |
SL 1 |
R 103 562 |
SL 2 |
R 171 278 |
SL 3 |
R 206 957 |
SL 4 |
R 247 296 |
SL 5 |
R 283 227 |
SL 6 |
R 332 985 |
SL 7 |
R 411 227 |
SL 8 |
R 479 868 |
SL 9 |
R 567 956 |
SL 10 |
R 710 273 |
SL 11 |
R 851 022 |
SL 12 |
R 1 222 246 |
SL 13 |
R 1 147 609 |
SL 14 |
R 1 378 620 |
SL 15 |
R 1 661 168 |
SL 16 |
R 2 130 602 |
b) Total amount that will be spent annually in terms of the latest Public Service wage agreement on paying public servant salaries in each of the 16 salary bands:
The latest wage agreement in the Public Service is Public Service Coordinating Bargaining Council (PSCBC) Resolution 1 of 2021. The table below reflects the total cost of implementing the Resolution per salary level. It should be noted that no decision has yet been taken regarding possible salary adjustments for members of the Senior Management Service (Salary levels 13 – 16).
Salary level |
Total cost of implementing Resolution 1 of 2021 |
SL 1 |
R9 552 000 |
SL 2 |
R1 235 509 000 |
SL 3 |
R1 146 359 000 |
SL 4 |
R619 649 000 |
SL 5 |
R3 382 164 000 |
SL 6 |
R2 457 016 000 |
SL 7 |
R5 854 878 000 |
SL 8 |
R3 434 624 000 |
SL 9 |
R2 261 454 000 |
SL 10 |
R1 416 912 000 |
SL 11 |
R989 621 000 |
SL 12 |
R888 732 000 |
SL 13 |
N/A |
SL 14 |
N/A |
SL 15 |
N/A |
SL 16 |
N/A |
Total |
R23 696 470 000 |
c) Total amount of that amount that will be spent annually on employees in each specified salary band in the Public Service:
Salary level |
Estimated total cost of employment, including the cost of Resolution 1 of 2021, per salary level |
SL 1 |
R 45 851 000 |
SL 2 |
R 14 534 682 000 |
SL 3 |
R 15 577 597 000 |
SL 4 |
R 10 043 465 000 |
SL 5 |
R 60 279 792 000 |
SL 6 |
R 45 593 919 000 |
SL 7 |
R 130 820 285 000 |
SL 8 |
R 80 343 958 000 |
SL 9 |
R59 391 750 000 |
SL 10 |
R 40 307 049 000 |
SL 11 |
R 31 208 568 000 |
SL 12 |
R 34 486 430 000 |
SL 13 |
R 8 843 759 000 |
SL 14 |
R 3 343 153 000 |
SL 15 |
R 878 758 000 |
SL 16 |
R 1 499 944 000 |
Other (not linked to a specific salary level) |
R 12 097 656 000 |
Total |
R 549 296 616 000 |
d) The breakdown of the total number of employees currently employed in each of the 16 salary bands in the Public Service:
Salary level |
Total number of employees per salary level |
SL 1 |
263 |
SL 2 |
77 651 |
SL 3 |
69 003 |
SL 4 |
38 663 |
SL 5 |
201 244 |
SL 6 |
129 361 |
SL 7 |
306 703 |
SL 8 |
159 899 |
SL 9 |
99 927 |
SL 10 |
54 510 |
SL 11 |
35 365 |
SL 12 |
27 399 |
SL 13 |
7 660 |
SL 14 |
2 405 |
SL 15 |
528 |
SL 16 |
712 |
Other (not linked to a specific salary level) |
27 423 |
Total |
1 238 716 |
The information in the above tables represents the situation as at 31 July 2021 and has been obtained from the National Treasury PERSAL database. The information excludes Defence and the State Security Agency.
End
30 September 2021 - NW2246
Weber, Ms AMM to ask the Minister of Police
Whether all dockets relating to cases of rhino poaching include the forensic reports of the bullets retrieved from the rhinos; if not, why not; If 9O, what are the relevant details with regard to each case in each park in each province In the Republic;
Reply:
The information provided in this Response, is for the 2020/2021 financial year.
(1)No, not all the dockets relating to rhino poaching contains forensic reports of the bullets retrieved from the rhinos:
Find here: forensic reports
30 September 2021 - NW2208
Hunsinger, Dr CH to ask the Minister of Police
Whether there Is a dedicated railway police service; if not, why not; if so, (a) how is it structured and mandated, (b)(i) where are the specified railway police officers based and (ii) with what total number of members in each place, (c) under whose command are the railway police officers (i) centrally and (ii) in each respective location and (d) what training do they receive which relates to railways;
Reply:
Yes, the South African Po\ice Service (SAPS) does have dedicated Railway
Police unite.
(1}{a) The Railway Police Is mandated to render a visible policing service, to ensure the safety of commuters, passengers, freight and the rail transport” system, conduct preventative and reactive policing service within the rail environment, provide a rapid rail policing service and perform crime prevention and crime combating operations, In the rail environment.
(1)(b}(l) The five Railway Police units are situated in four provinces, namely: The Western Cape, Gauteng, KwaZulu-Natal and the Eastern Cape. Each Unit has a dedicated responsibility towards Metrorail, Mainline (Long Distance Paa6anger Trains), High Speed Trains (Gautrain) and Cross-Border Freight.
Gauteng North and Limpopo- Unit 1: Railway Police officers are situated in me following Railway Police corridors, namely: Pretoria (Pretoria Corridor and High-speed North Corridor), Mabopane Corridor, Saulsville Corridor, Danneboom Corridor (Dennaboom and Cross-Border and Freight corridors),
Belle-Ombre Corridor, Kempton Park(Kempton Park Corridor and High-speed South Corridor) and Silverton, in the Pretoria-Mainline Corridor.
Gauteng South and North West- Unit2: Railway Police officers are situated in the following Railway Police corridors, namely: Johannesburg Corridor, Germiston Corridor, Springs Corridor, New Canada Corridor, Krugersdorp Corridor, Stretford Corridor and Mainline and Germiston Cross-Border and Freight.
Western Cape and Northern Cape- Unit 3: Railway Police officers are situated in the following Railway Police corridors, namely: Bellville Corridor (Bellville Corridor and Cross-Border and Freight Corridor), Cape Town (Cape Town Corridor, Cross-Border and Freight Corridor), Retreat Corridor and Phillipi Corridor.
Eastern Cape and Free State• Unit4: Railway police officers are sttuatad in the following Railway Police corridors, namely: Ea6t London Corridor, Mount Ruth Condor, Swartkops Corridor(Nqheberha) and Nqhaberha Cross-Border and Freight corridors.
KwaZulu-Natal and Mpumalanga• Unit 5: Railway police officers ara situated in the following Railway Police corridors, namely: Durban Corridor, Kwa-Mashu (Kwa-Mashu and Mainline Corridor), Reunion (Reunion Corridor, Cross-Border and Freight Corridor, Cavendi6h Corridor and Escombe
(1)(b)(ii)Gauteng North and Limpopo- Unit 1: 800 members
Gauteng South and North West- Unit2: 711 members
Western Cape and Northern Cape- Unit 3: 502 members
Eastern Cape and Free State- Unit4: 314 members
KwaZulu-Natal and Mpumalanga- Unit5: 621 members
(1)(a)(i) The Railway Police is a centralised structure, resorting within the Division: Visible Policing and Operations, under the command of the Component Head:
Rapid Rail and Police Emergency Services, at the level of a Major General. The Railway Police is a national competency.
(1)(c)(ii) The structure for all the unit are, as follows:
A Unit Commander, at the level of a Brigadier.
An Operational Commander, at the level of a Colonel, for Metrorail, a Colonel for Mainline and Cross-Border Freight and only in Gauteng, an Operational Commander, for the High Speed traina (Gautrain).
A Corridor Commander, at the level of a Lieutenant Colonel.
A Support Commander, at the level of a Lieutenant Colonel.
(1)(d) Training courses, which relate to the rail environment, are as follows:
Railway Orientation Course.
Railway Training Course.
Tactical Policing (TP) I and II.
Crime Prevention Course.
(2) This information is not readily available. A request is made for an extension of three weeks, in which to provide the ra9ponse.
Reply to question 2208 recommended
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-09-23
Reply to question 2208 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 29-09-2021
30 September 2021 - NW2198
Graham-Maré, Ms SJ to ask the Minister of Police
Whether he will furnish Ma S J Graham with feedback on the progress made on CAS 69/12/2020 being investigated by the Commercial Crime Unit into the non-compliance with section UA of the Pensions Fund Act, Act 24 of 10u^6, as per the charges laid by Ms S J Graham In Graaff Reinet in December 2020’?
Reply:
Thu matter is being investigated. by the Directorate for Priority Crime Investigation (DPCI), Serious Commercial Crime Investigation Unit, Gqeberha and involves allegations against tho Dr Beyers Naude Municipality, which relates to the non- payment of pension fund contributions of employees. to the pension fund administrator. during the period, September 201G, to date. The non-payment of employee's contributions, is in contravention of Section 13A, of the Pension Fund Act, 1956 (Act No. 24 of 1956). The matter is being investigated, as per Graaff-Reinet, CAS 68/12/3020.
The Investigation is progressing and three affidavits have been obtained, with bank statements. which have .been analysed. Affidavits from five identified persons are outstanding and the investigation plan, for obtaining these affidavits, is in place. The municipality is cooperating.
Reply to question 2198 recommended
NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-27
Reply to question 2198approved
MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 29-09-2021
30 September 2021 - NW2244
Weber, Ms AMM to ask the Minister of Pollco
Whether he will furnish Ms A M M Weber with a list of all dockets, including the docket numbers. of all rhinos poached in all tho national parks specified according to the park; if not, why not; if so, what are the relevant details;
Reply:
NW2fi40E
The information provided in this respohse, is for the 2020/2021 financial year.
Yes, a fiat of all Beckets, includlng the docket numbers, of all rhincs poached in all the national parks, specified according to the park, with relevant details, aro ae follows:
Nc cause
9.
26. M_puin@laripa,
30.
Fark
37.
Perh
Kruger National
Kt«ger N,atlonal Park
Kiuger National ParL
Kruger National Patk Kruge,r Natiorial Pack
9/10/2020
!e5,.
4/11/2020
74,
7Y. “/8.
61.
Mp‹imolan a
_Mpumatanga _
Skukuza
1 /11/2020
20/11/2020
1/12/2n20
89.
90. [
81.,
' 94.
07,
e6.
Purk
Fark
109.
11U,
111_ I1]2, 1 13.
114.
k2pumoJanpa MP!! alanga M unlalenga Mpumalni1g«
- No, not all the dockets contain forensic reports, as sama of the reports are still outstanding from thu Forensic Science Laboratory (FSL). Restrictions and rotation of personnel, in terms of COVID-19 protocols, to prevent the spread cf the Coronovlru3, inpactert negatively on thu immediate attention to thase reports. The roports, that have bnen received, are filed in the dockets.
Thu number ot cases, that are ozs •s in re9pect nf aach park and province, is reflected below:
The numbar of casas still undar investigation, finalised and tha outcome, is reflected below:
Raplyto question 2244 recommended
ER:
GENERAL
FRICAN POLICE SERVICE
Reply to. question 2244 epProved/n
GENERAL BH CI E, MP
30 September 2021 - NW2216
Lees, Mr RA to ask the Minister of Transport
Whether the SA Civil Aviation Authority aircraft that crashed on 23 January 2020 has been replaced; if not, (a) why not and (b) on what date will it be replaced; if so, what are the details of the replacement aircraft including but not exclusively the (i) make of aircraft, (ii) aircraft specifications, (iii) cost of the aircraft, (iv) age of the aircraft and (v) date of acquisition?
Reply:
The SACAA aircraft that crashed on 23 January 2020 has not been replaced to date (a) Due to the outbreak of the COVID-19 pandemic, SACAA’s financial position has been negatively affected. With its current financial position, SACAA cannot afford a replacement aircraft. In the interim the SACAA has appointed an external service provider to conduct calibration (b) SACAA is considering replacing the aircraft at the end of the next financial year (2022/23) or beginning of 2023/24 financial year, subject to the availability of funds; (i) SACAA is looking for an aircraft that will be able to withstand the low flying required when calibration is conducted; (ii) the specifications of the aircraft are contained in a document that was publicly advertised as part of the tender processes. The document is too bulky to be included in this response. However, a copy thereof can be provided to the honourable Member, if so required; (iii) the estimated cost of acquiring the required aircraft ranges between $6.5 million - $8 million excluding VAT and any other taxes that might be payable; (iv) the SACAA intends to buy an aircraft that will be able to carry out the required work, whether it is new, or a new second hand will be determined by what the organisation can afford at the point of acquisition; (v) estimated procurement date will be determined by the availability of funds and the financial position of the SACAA, and this will be reviewed on an annual basis.
30 September 2021 - NW2123
Macpherson, Mr DW to ask the Minister of Police
What (a) is the (i) make, (ii) model and (iii) serial number of each of the 150 firearms that have reportedly been confiscated In Phoenix during the investigation into the alleged murders, (b) number of the 150 confiscated firearms were lawfully licensed, (c) legal means were used to confiscate each firearm and (d) murder casa number was each firearm allegedly linked to NW2410E
Reply:
(a)(I)(ii)(iii) A total of 176 firearms have been confiscated. The make, model and serial number, of each of the 176 firearms, are reflected in the table below:
30 September 2021 - NW2249
Shembeni, Mr HA to ask the Minister of Police
What are the reasons that (a) personnel at border posts such as the Lebombo Port of Entry have more than 30 personnel in a shift, who after midnight do nothing but claim night shift allowance and (b) the specified personnel are not deployed to me nearest police station like Komatipoort and Tonga SAPS to assist with patrols during the night?
Reply:
Members of the South African Police Service (SAPS), who are stationed at Ports of Entry are also safeguarding the infrastructure of the ports and Includes, but is not limited to, the vehicles and equipment used by other Government departments, that are performing duties at Ports of Entry. There are travellers that arrive after the dosing hours of the Ports of Entry and spend the night sleeping in the queue, outside the Ports of Entry. The SAPS members also safeguard the travellers, their vehicles and goods.
Many activities, like the smuggling of ill\cit goods and illegal crossings, take place at the borderline closer to the ports, after the Ports of Entry have closed, as these people come back to the load, to get transport and continue their journey. The SAPS Is responsible to prevent such activities, after the Ports of Entry have closed. The policing of the 10km radius from a Port of Entry is important, to curb the illegal activities, at night. If the SAPS members are removed and policing is not done in the 10km radius from the Port of Entry, Illegal activities will rise and pose a security threat to the Republic of South Africa (RSA).
Reply to question 2248 recommended
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE
Date: 2021-09-23
Reply to question 2249 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 29-09-2021
30 September 2021 - NW2194
Shembeni, Mr HA to ask the Minister of Police
Whether he has found that the Nissan NP 300 police vehicles are conducive for use by four police officers carrying rifles; if not; what is the position in this regard; if so, what are the relevant details?
Reply:
The South African Police Service (SAPS) must, like all other road users, adhere to the provisions of the Road Traffic Act, 1986 (Act No. 93 of 199e) and the National Road Traffic Regulations, 2000.
The National Road Traffic Regulations, 2000, issued in terms of the National Road Traffic Act, 1696, provides for the number of passengers that may be carried in a vehicle and the carriage of persons in a vehicle intended for carrying goods. It also makes provision for weight limitations, which would also apply in the case of persons being transported in the loading bay of a vehicle. Based on these provisions, a Nisaan NP 300 vehicle may only transport four persons, with or without rifles, if it is fitted with a suitable canopy or 'enclosed' in the prescribed manner, in Section 247 of the National Road Traffic Regulations, 2000.
Reply to question 2194 recommended/
NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-23
Reply to question 2194 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 29-09-2021
30 September 2021 - NW2251
Chabangu, Mr M to ask the Minister of Police
What strategies has the SA Police Service put in place in the 2021-22 financial year to address rampant crime in Umlazi, KwaZulu-NataI?
Reply:
The Umlazi Police Station is one of the priority stations, in the KwaZulu Natal Province and the South African Police Service (SAPS), ae a whole. Various disciplines are deployed in the area and intervention operations are continuously embarked upon. The Umlazi Police Station, assisted by the Provincial Commissioner: KwaZulu-Natal, has undertaken to embark on the following strategies, in 2021/2022, to address rampant crimes, in the Policing Precinct.
Proactive Policing
The Umlazi Policing Precinct Is divided into four manageable areas, hereafter referred to as sectors, which is in line with the Sector Policing Concept. Human and physical resources are deployed in all the sectors, in line with the Crime Threat Analysis (CTA) and the Crime Pattern Analysis (CPA). Hotspots are identified and addressed. on a weekly basis, while the trends are monitored, daily.
Sector one: Umlazi sections M, N, R, P, Q and U.
Sector two: Umlazi sections B, C, F, G, H and W.
Sector three: Umlazi sections A, D, E, S, T and V.
Sector four: Umlazi Lodge area, Glebelands, Megacity and Reunion.
Enforcement and Stamping of the Authority of the state, by Reducing the Availability of Illegal Firearms, by:
Ensuring the increase of stop and search, as well as cordon and search operations, at hotspots.
Conducting intelligence-driven operations.
Swift reaction for the arrest of perpetrators.
increasing arrests, for possession of illegal firearms.
Conducting compliance inspections, at official and non-official Institutions.
Reducing the Availability of Illegal Liquor Outlets, by:
Identifying, charging and closing down unlicensed liquor outlets.
Coordination of and execution of liquor blitz operations, with the Liquor Authority,
Ensuring high police visibility.
Reducing the Levels of Contact Crime, by:
Intelligence approach to policing. o Responsive and reaction capacity.
Ensuring immediate arrest, through real time.
Monitoring when crimes are committed (CPA/CTA).
Ensuring sufficient awareness campaigns and operations, through social crime prevention.
Ensuring 70/30 minimum deployment standard9, for deployment of personnel, at hotspots.
Reducing all Serious Crimes by:
Conducting compliance inspections, at second-hand dealers and scrapyards.
Participating in multidisciplinary operations, with relevant stakeholders in the fight against crime.
Reducing Levels of Gender-based Violence, Crimes against Women and Children through Strengthened Community Partnerships, by:
Ensuring the availability and functioning of Victim Friendly Facilities, at police stations.
Increasing awareness campaigns and education programmes, focusing on women
and children, within the Policing Precinct.
Enforcing In terms of the responsibilities of the SAPS, in the implementation of the Domestic Violence Act.
Monitoring the provision of resources, for participation In multidisciplinary service centres (Thuthuzela Care Centre).
Proactive Policing investigation
Reducing the Levels of Crime, by ensuring:
Prioritisation of the investigation of contact crimes.
Speedy finalisation of investigations.
Optimal utilisation of Crime Intelligence.
Profiling and linking of suspects.
Proper crime scene management and collection of evidence.
Identification of repeat offenders.
Allocation of serious cases to seasoned detectives
Ensuring prosecution-guided investigations.
Conducting weekly suspect raids.
Prioritisation of investigation and arrest of perpetrators of crimes against women and children, with the Family Violence, Child Protection and Sexual Offences (FCS) Unit.
Reply to question 2251 recommended
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE
Date: 2021-09-23
Reply to question 2251 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 29-09-2021
30 September 2021 - NW2217
Lees, Mr RA to ask the Minister of Transport
Whether (a) the investigation and (b) report into the SA Airways (SAA) Alpha Floor incident that occurred during the SAA flights to and/or from Brussels on or about the 24 February 2021 have been concluded; if not, (i) what are the reasons for non-completion and (ii) by what date will the investigation and report be completed; if so, what are the details of the (aa) findings and (bb) recommendations?
Reply:
The investigation and (b) report into the SA Airways (SAA) Alpha Floor incident that occurred during the SAA flights to and/or from Brussels on or about the 24 February 2021 have been concluded (i) N/A (ii) The investigation was completed on 08 June 2021. The report was handed over to the operator and they were given a time to respond to the report addressing the contents of identified issues.
(aa) The findings of the investigations were as follows:
Similar occurrences happened in 2014 and in 2015 and were never reported to the SACAA.
Relating to this specific incident of February 2021, when performing the engine run Procedure Aircraft Maintenance Manual (AMM) _71-00-00-860-845-A_Engine_Automatic_Start) the reset of the Fuel Control and Monitoring Computers (FCMC) 1&2 was not performed. Because the FCMC 1&2 was not performed and the AC remained powered since the engine run, the Zero Fuel Weight (ZFW) inserted at the time of the engine run was still present in the FCMC when the engines were started again at 21:59 Coordinated Universal Time (UTC).
If the crew entered the ZFW, in the Multi-Function Display Unit (MCDU) INIT B page, as per “Cockpit preparation” Specific Operating Procedure (SOP), this new ZFW was necessarily different from the one actually recorded in the FCMC (107,9T) leading to the display of the amber scratchpad message - REENTER WEIGHT/CENTER OF GRAVITY (CG) - on the MCD and the request to re-enter the ZFW and the ZFWCG even if they were correct. Had this been performed, the new ZFW value would have been taken into account by the FCMC.
The pre-departure check of the Gross Weight (Comparison of the load sheet Gross Weight with the Electronic Centralized Aircraft Monitor (ECAM) Gross Weight (GW)) included in the “Before Eng Start” SOP was not performed. If done, the discrepancy would have been identified and the ZFW entered for the second time in the MCDU INIT B page, would have forced the new ZFW to be taken into account by the FCMC.
Although the Flight crew correctly assessed the situation and actioned the appropriate measures to contain the very short Alpha Floor alert that occurred, it is evident that both the flight crew and the ground crew did not execute any of the two procedures in place which are established to prevent this occurrence.
(bb) recommendations include the following:
- SAA to document and record aircraft de-energizing methods and sessions as an occurrence.
- The procedure of weight review before engine start, must be added into the pre-flight checklist.
- SAA to create a SOP compliance procedure/checklist.
- Ground and flight crew to attend CRM course together.
- SAA to report any safety jeopardising action to the SACAA within a 12-hour period.
- SAA to report to SACAA as to why previous Alpha-Floor incidents were not reported and propose how the organisation intends to rectify this shortcoming.
- SACAA to consider taking enforcement action against SAA for failing to report these since 2014. (This recommendation has been implemented - Operator was issued with a financial penalty).
30 September 2021 - NW2204
Ismail, Ms H to ask the Minister of Police
(1).Whether any progress has been made on CAS 08 92/03/2021 (details furnished); if not, why not; if so, what are the relevant details;
Reply:
(1) Yes, upon receipt of the missing parson’s report, a file was opened and registered, as per Dawn Park Missing Person’s Inquiry, Reference number 01/03/2021. The complainant was Interviewed and her statement was obtained. In her statement she mentioned a black BMW motor vehicle, with registration number WR647GP. The BMW was traced and found. it belongs to Mr. Olu Okpaisa. Further enquiries were conducted, which failed to link the BMW to this Incident. Enquiries were also conducted with family members and friends, with negative results.
2Yes, statements were taken from the following persons:
Name |
Relationship to the missing person |
Dorothy Neels |
Mother |
Denieva Louw |
Cousin |
Ganlyu Tejumola Latleef |
BMW owner’s son |
Olu Okpasie |
BMW owner |
Henry Jacks |
Friend |
(3) The affected family was last given a progress report, on 18 March 2021 and since then there has been no new information available. The matter is still under investigation
Reply to question 2204 recommended
GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-09-23
Reply to question 2204 approved
MINISTER OF POLICE
GENERA BH CELE, MP
Date: 29-09-2021
30 September 2021 - NW1814
Chabangu, Mr M to ask the Minister of Transport
Whether the Road Accident Fund has finalised the case of Tsepo Tshaka Tsubella (details furnished); if not, why not; if so, what are the relevant details?
Reply:
The question relates to Personal Information of the claimant, as regulated by the Protection of Personal Information Act, 2013. In the absence of consent by the claimant the personal information requested cannot be disclosed in this reply and the claimant, who is legally represented, is advised to direct his enquiry to the Road Accident Fund.
30 September 2021 - NW2026
Chetty, Mr M to ask the Minister of Police
With reference to the aftermath of the civil unrest and looting that took place in KwaZu[u-Natal in July 2021 and with regard to CAS number36/7/2021,
Reply:
36/1/4/1(202100267)
NATIONAL ASSEMBLY
FOR WRITTEN REPLY QUESTION 2026
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 27 AUGUST 2021
(INTERNAL QUESTION PAPER NO 19-2021)
2026. MR M Chetty (DA) to ask the Minister of Police:
With reference to the aftermath of the civil unrest and looting that took place in KwaZu[u-Natal in July 2021 and with regard to CAS number36/7/2021,
(a) What (i) investigations did the local SA Police Service do to ensure forensics and necessary detective work was conducted,
(ii) was the result of this and (iii) is the current status of the investigation and (b) which officer has been assigned to the specified case?
NW2263E
REPY:
a). what
- what (i) investigations did the local SA Police Service do to ensure forensics and neCe6sary detective work was conducted,
The local police did not conduct any investigation.
Investigation Is conducted by MN IPID as per IPID reference:
- CCN 2021070346.
- Section 28(1)(a) death in Police custody.
This case is not unrest related.
- was the result af this†
- An Independent investigation la being conducted by IPID aa an oversight body.
(ii) what is the current status of the investigation and?
The investigation is finalized; the investigating officer to in the process of
preparing report.
b). Which officer has been assigned to the specified case?
- KwaZulu Natel IPID senior investigating Officer: Ms. Ndlovu is the appointed investigating officer of this case.
Yours sincerely,
Ms. DJ NTLATSENG
EXECUTIVE DIRECTOR: IPID
DATE: 22-09-2021
RECOMPIENDED / NOT RECOMMENDED/ COMMENTS:
MR C MATHALE
DEPUTY MINISTER OF POLICE
DATE:
APPROVED/ NOT APPROVED/ COMMENTS:
HONOURABLE MINISTER
GENERAL BH CELE, MP
DATE: 29-09-2021
30 September 2021 - NW2245
Weber, Ms AMM to ask the Minister of Police
(1). Whether he will furnish Ms A M M Weber with a list of all dockets and Jacket numbers of all privately-owned rhinos that were poached in every province according to the name of the entity and/or farm; if not, why not; If so, what are the relevant details;
Reply:
The information provided in this response, 1s for the 2o20/2021 financial year.
Yes, a list of 42 dockets including the docket numbers, of all privately-owned rhinos poached in the entity anal/or farm, with relevant details, are as follows:
30 September 2021 - NW2147
Brink, Mr C to ask the Minister of Police
(1) With reference to the proposed establishment of a metropolitan police department by the Mangaung Metropolitan Municipality as gazetted in March 2021 and the progress report to the municipal council on the progress of establishing such a department dated 2 June 2021, (a) on the basis of which legal framework and/or legislative provisions is it /JO9Gible for a person who has a criminal record to be appointed as a learner constable or as any other staff member of a metropolitan police department, and then to be assisted by the municipality with the expungament of such criminal record after the person was appointed and (b) what action will he and/or the National Commissioner of Police take to prevent the Mangaung Metropolitan Municipality from appointing persons who have criminal record9;
Reply:
(1}(a) Regulation 11(1) of the Regulations for Municipal Police Services, 1999, sets out the requirements for the appointment as a member of a municipal police service. Regulation 11(1)(g) Includes the requirement that the applicant may not have a criminal record (excluding previous convictions relating to political activities in the previous dispensation).
Furthermore, Regulation 11(2) provides that the National Commissioner may, subject to certain conditions. waive some of the requirements of appointment. including the requirement that the applicant may not have a criminal record, In the interest of the effective functioning of a municipal
The expungement of a criminal record is dealt with, In terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). An application for the expungernent is considered by the Department of Justice and Constitutional Development. Once a criminal record is expungad, the criminal conviction of a person is permanently deleted (in law the parson is deemed not to have been convicted of the offence concerned). If a criminal record has been expunged, there is no need for the National Commissioner to consider the waiving of the requirement set out in Regulation 11(1){g).
(b) Section 64C(2)(b) of the South African Police Service (CAPS) Act, 1885 (Act No. 68 of 19B5) provides that an executive head of a municipal police service is, inter alia, responsible for the recruitment and appointment of members of the municipal police service. A municipal police service functions within a municipality and accordingly, falls within the sphere of responsibility of local government. Neither the Minister of Police nor the National Commissioner has the power to interfere In the appointment process of any employee of a municipality.
(2)(a)(b) No. The explanation is provided above.
Reply to question 2147 recommended/
NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2021-08-23
Reply to question 2147 approved
MINISTER OF POLICE
GENERAL BH CELE, MP
DATE: 29-09-2021
30 September 2021 - NW2143
Macpherson, Mr DW to ask the Minister of Police
W@ reference to CAS number 36/7/2021 opened at the Baw iew Police Station, (a) what (i) invastigations did the Bawiew SA Police Service officers do to ensure forensica and necessary detective work was conducted. (i) was the resuk of their efforts and (iii) is the current status of the investigation and (b) which officer has been assigned to the specified case?
Reply:
KJ SITOLE (SOEG)
Date:
GENERAL
UTH AFRICAN POLICE SERVICE
Reply to question 2143 appr0ved/aet•appremd
MINISTER OF POLICE GENERAL B E, MP
Date:
30 September 2021 - NW1929
Shembeni, Mr HA to ask the Minister of Police
(a) What progress has been made in the investigation into the alleged irregular promotion of a certain person (name and details furnished), (b) what steps will be taken against those persons who promoted the person, should the specified person be demoted and (c) from whom must the money be recovered? NW2020E
Reply:
(a)(b)(c) The information that is required, is not readily available. A request is made for an extension of three weeks, in which to provide the response.
Reply to question 1920 recommended
NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE
KJ SITOLE, SOEG
Date: 2021-09-23
Reply to question 1026 approved/not approved
MINISTER OF POLICE
GENERAL BH CELE, MP
Date: 29-09-2021
30 September 2021 - NW2250
Shembeni, Mr HA to ask the Minister of Transport
Whether the traffic officers who are permanently stationed at Komatipoort, Mpumalanga, are permanently deployed there on special duty; if not, what is the position in this regard; if so, (a) for how long and (b) what is the budget for the specified operation?
Reply:
There are 3 independent deployments daily at the border post precinct area, namely the CBRTA, RTMC and the Mpumalanga Provincial Traffic as follows;
CBRTA:
The Cross-Border Road Transport Agency does not have traffic officers permanently stationed at Komatipoort, Mpumalanga. There are however two (2) profiling officers who are based in Mpumalanga who go to Komatipoort occasionally to support law enforcement and to collect relevant cross border information.
a) Not applicable; they go there as and when a need arises.
b) Not applicable; it is part of normal operations.
RTMC:
Road Transport Inspectorate from Nelspruit (Mpumalanga) deploys six officers at Komatipoort port of entry daily from 06:00 to 14:00 and 14:00 to 22:00 to enforce the Cross Border Road Transport Act.
a) Deployment is for the duration of the shift; and
b) There is no special or additional budget.
MPUMALANGA PROVINCIAL TRAFFIC
The Province of Mpumalanga has a Traffic Station at Komatipoort for Traffic activities in and around Komatipoort including the Port of Entry. This office consists of twenty-three (23) officials. There is no special or additional budget for daily deployment.
29 September 2021 - NW1369
Mohlala, Ms MR to ask the Minister of Water and Sanitation
What total amount has been paid to AURECON for their involvement in the Lesotho Highlands Water Project?
Reply:
The total paid to AURECON SA thus far is R 236 205 932.
AURECON SA is participating in various Consulting Joint Ventures for the Lesotho Highlands Water Project as per shares and figures indicated in the schedule below.
Contract LHDA No. |
Description |
Contracted Party |
Total Contract Amount (R) |
Aurecon SA Share of Total Contract Amount (%) |
3020 |
Design and Supervision of Major Bridges |
Aurecon Consortium |
123 892 049 |
30% |
3022 |
Design and Supervision of Polihali Diversion Tunnels |
Metsi a Senqu Khubelu Consultants (MSKC) |
82 460 577 |
19.6% |
3007 |
Design and Supervision of Polihali Transfer Tunnel |
Metsi a Senqu Khubelu Consultants (MSKC) |
914 276 029 |
20% |
TOTAL |
21% |
28 September 2021 - NW2196
Hunsinger, Dr CH to ask the Minister of Transport
(a) On what date will he finally make an announcement on the future of e-tolls in Gauteng, (b) what is the delay in making the announcement and (c) by what date will he ask Cabinet for a final decision on e-tolls?
Reply:
As the honourable Member may be aware, Department tabled various funding options around the Electronic Toll on Gauteng Freeway Improvement Project (GFIP) for Cabinet decision, however, after consideration of the options, Cabinet directed that both the Department and Treasury jointly, re-look at the options and re-submit to Cabinet for consideration.
(a) The date for announcement on the future of e-tolls in Gauteng cannot be determined at this stage as the discussions around funding for the system continue to take place, focusing on the various financial options available.
(b) The delay on the announcement is that the process to pronounce on the future of the e-toll take time as the two Ministers (Transport and Finance) had to first meet and in their meeting they agreed that further studies be conducted to inform the decision to be made.
(c) It is important to note that the Department is committed to finding a workable solution that does not ‘drown the country in debt’ but is equally sensitive to the public’s issues and once it is clear on the sustainable model, a submission will then be made for Cabinet final decision
28 September 2021 - NW2173
Montwedi, Mr Mk to ask the Minister of Transport
Whether he will furnish Mr M K Montwedi with a list of the North West roads (a) planned and approved by his department to be tarred and/or paved in the financial year ending March 2022 and (b) completion status thereof; if not, why not; if so, what are the further relevant details?
Reply:
A list of North West roads planned and approved by the North West Department of Public Works and Roads to be tarred or paved in the financial year ending March 2022 is provided on Table A below.
Table A: Upgrading of North West Roads
Project No. |
Project Name (a) |
Status of the Project (b) |
PWRT 91/13 |
Upgrading from gravel to surface standard of Road D201 from Pampierstad to Matlapaneng to N18 |
Procurement Stage, advertised on 07 July 2021 Closing date for advert – 9 August 2021 @ Evaluation Stage |
PWRT 99/13 |
Upgrading from gravel to surface standard of Road D520 from Mokolokwe to Bethanie |
Procurement Stage, Advertised on 05 May 2021 Closing date for advert – 9 June 2021 @ Evaluation Stage |
PWR 30/15 |
Upgrading from gravel to surface standard of Road P66/1 (Kgomo Kgomo to P65/1) and Road D614 / Z614 (P65/1 to Lebotlwaane to Tlholwe) and Road Z619 from Tlholwe to Ga - Habedi) and D639 from Moretele to Ga - Habedi)- phase 3 of 10km |
Procurement Stage, Advertised on 19 May 2021 Closing Date for Advert 17 June 2021 @ Evaluation Stage |
PWR 75/16 |
Upgrading from gravel to surface standard of Road Z422 from intersection of Albert Luthuli Road through Lokaleng and Mogosane village to Tlapeng (30km) |
Procurement Stage, Advertised on 07 July 2021 Closing Date for Advert 05 August 2021 @ Evaluation Stage |
PWRT 120/12 |
Upgrading from gravel to surface standard of Road D327 from Ganyesa to Vragas to Madinonyane (57km), Phase II of road D327 from Vragas to the Bnorthen Cape border and of Road Z389 from road D327 to Madinonyane |
Procurement Stage, Advertised on 21 April 2021 Closing Date for Advert 26 May 2021 @ Adjudication Stage |
PWR 58/17 |
Upgrading from gravel to surface standard(tar) of Road Z482 from Madibogo through Madibogopan to the intersection at D1727 between Stella and Delareyville, 13km |
Procurement Stage, Advertised on 25 August 2021 Closing Date for Advert 29 September 2021 |
PWR 105/18 |
Upgrading from gravel to surface standard of Road from Gopane passing villages Maphephane, Mmutshweu, Ga-seane to Lobatleng; Road D417 (Lobatleng to Motswedi) of approx 27km ( phase II 13KM) |
Procurement Stage, Advertised on 19 May 2021 Closing Date for Advert 17 June 2021 @ Evaluation Stage |
28 September 2021 - NW1966
Hlengwa, Mr M to ask the Minister of International Relations and Cooperation
What are the (a) key strategic priorities of the Republic after assuming the role of organ of peace and security in the region at the 41st Ordinary Summit of the Heads of State and Government of the Southern African Development Community and (b) budgetary implications in this regard?
Reply:
During the 41st Ordinary Summit of Heads of State and Government of the Southern African Development Community (SADC) on 17 and 18 August 2021 in Lilongwe, Republic of Malawi, the Republic of South Africa became the Chair of the SADC Organ on Politics, Defence and Security Cooperation.
The overall objective and function of the SADC Organ on Politics, Defence and Security is the promotion of peace, security and stability as well as good
governance and democracy in the SADC Region.
The political and the security situation in the Region is relatively peaceful and stable, notwithstanding isolated challenges in some Member States (Kingdom of Lesotho, DRC, Mozambique and the Kingdom of Eswatini) and the effects of the COVID-19 pandemic.
Under the Chairship of South Africa, the Organ’s focus will be on the following key issues:
- The facilitation process in the Kingdom of Lesotho;
- The deployment of the SADC Mission in Mozambique (SAMIM);
- The continuation of the Force Intervention Brigade (FIB) in the Democratic Republic of Congo (DRC);
- The situation in Eswatini; and
- Observation of elections in the Region.
- Operationalisation of the Mediation Reference Group and Council of the Elders.
28 September 2021 - NW2141
Sarupen, Mr AN to ask the Minister of Finance
What (a) number of employees of (i) the National Treasury and (ii) any of the entities reporting to him who are on level 11 salary scale and above have been suspended with full pay (aa) in the 2020-21 financial year and (bb) during the period 1 April 2021 up to the latest specified date for which information is available and (b) is the total amount of money that was paid by the (i) National Treasury and (ii) entities reporting to him in each case?
Reply:
NATIONAL TREASURY
a) (i) (aa) Nil
(bb) One
b) (i) R260 507,19
ASB
The Accounting Standards Board did not suspend any employees during the 2020/21 financial year. No employees have been suspended to date. No reporting to the National Treasury was necessary.
CBDA
The Co-operative Banks Development Agency has no employees on level 11 salary scale and above suspended with full pay (aa) in the 2020-21 financial year and (bb) during the period 1 April 2021 up to the latest specified date for which information is available and (b) no amount of money was paid.
DBSA
a) (aa) None during FY2020/1
(bb) One employee suspended in FY2021/22 on the 28 July 2021 – currently still on suspension for a cumulative period of two (2) months.
b) (ii) The cumulative total amount – for the employee suspended from 28 July 2021 is R280k (gross) for the two months.
FAIS OMBUD
No employee was suspended in the 2020/21 financial year for the Office of the Ombud for Financial Services Providers.
FIC
(a)(ii) No employees of the Financial Intelligence Centre (FIC) were suspended during (aa) the 2020-21 financial year and (bb) during the period 1 April 2021 to date.
(b)(ii) Not applicable.
FSCA
The FSCA had no employee suspended with full pay for the period under review.
GEPF
There are no employees in the Government Employees Pension Fund that have been suspended during the 2020/21 financial year as well as the period from 1 April 2021 to date.
GPAA
The Government Pensions Administration Agency has no staff members in the category specified in the above question on suspension.
GTAC
a) Government Technical Advisory Centre – GTAC.
(aa) No employees of GTAC who are on level 11 salary scale and above have been suspended in the 2020-21 financial year.
(bb) No employees of GTAC who are on level 11 salary scale and above have been suspended in the 2021-22 financial year up to 28 September 2021.
b) (ii) Based on the answer provided above no money was paid out.
IRBA
(aa) The Independent Regulatory Board for Auditors (IRBA) has not suspended staff with pay at any level for the 2020/2021 financial year.
(bb) The IRBA has not suspended staff with pay at any level, for the period 1 April 2021 to 31 August 2021.
LAND BANK
The Land and Agricultural Development Bank of South Africa had one employee at Senior Management level (Peromnes level 4) that was placed on precautionary leave for the period 1 April 2020 to 31 March 2021 of which the full pay amounted to R1 938 336.10.
The Land and Agricultural Development Bank of South Africa had no employees on suspension for the period 1 April 2021 to date.
PFA
The Office of the Pension Funds Adjudicator has no employees suspended for the period mentioned.
PIC
The PIC makes use of Patterson Grades with regards to remuneration and not the levels of the Public Service as referred to in the question. However, following below are the details regarding employees on suspension during the periods specified:
Financial Year |
Employees suspended |
Total amount paid |
2020 – 2021 |
3 employees |
R 14,350,271 |
1 April 2021 to 31 August 2021 |
*3 employees |
R 5,979,279.60 |
*One employee who was suspended in 2020 resigned in June 2021 following a disciplinary process in which there were no adverse findings against him.
SARS
The South African Revenue Service (SARS) was established in terms of the SARS Act, no 34 of 1997, as an organ of state within the public administration, but as an entity outside of the public service. Consequently, the salary scales of SARS does not align to the public service.
SASRIA
(aa) Sasria Soc Ltd had 3 employees suspended with full pay for the period 1 April 2020 to 31 March 2021.
(bb) Sasria Soc Ltd had 0 employees suspended with full pay for the period 1 April 2021 to 31 August 2021.
(b) (ii) R 758,656.87 was paid in 2020-21
TAX OMBUD
- The Office of the Tax Ombud (OTO) has no employees suspended with full pay (aa) in the 2020-21 financial year and (bb) during the period 1 April 2021 up to the latest specified date for which information is available.
28 September 2021 - NW2027
Lees, Mr RA to ask the Minister of Transport
(1)With reference to the Cabinet announcement on 21 October 2020 regarding non-executive members of the Board of the Passenger Rail Agency of South Africa, what (a) are the legal requirements for the proper composition and constitution of the specified board, including but not exclusive to the (i) maximum number of board members, (ii) minimum number of board members, (iii) details of any qualifications required of one or more of the board members and (iv) entities, state departments and/or organisations that must have representatives on the board and (b) are the details of the representatives from (i) his department, (ii) National Treasury and (iii) the SA Local Government Association (Salga) who were appointed following the announcement; (2) what are the details of all the members of the board, including the representatives from his department, National Treasury and SALGA as at 15 August 2021; (3) whether he has found that the board is properly and/or legally constituted; if not, (a) why not and (b) what (i) action has been taken to rescind all decisions made and action taken by and/or influenced by a certain administrator (name furnished) who allegedly was unlawfully appointed to act as the administrator and (ii) are the details of all remuneration and benefits paid to and/or accrued to the specified administrator; (4) whether the recovery of the payments and benefits made to and/or accrued to the unlawfully appointed administrator were recovered; if no recoveries were made, why not; if so, who were benefits recovered from?
Reply:
1 (a) Section24 of the Legal Succession to the South African Transport Services Act, 1989 (Act No. 9 of 1989 is the legal framework for the Board Composition and it provides as follows-
24 (1) The affairs of the corporation shall be managed by the Board of Control of not more than 11 members including the Chairman, who shall be appointed and dismissed by the Minister
(ii) The Act do not expressly indicate the maximum but provides that not more than 11 members.
(iii) Section 24 (2)(d) provides that three of the members of the Board of Control shall have expertise and experience in the management of a private enterprise.
(iv) Section 24(2)(a)(b)(bA) and (c) provides that one of the members of the Board of Control shall be an officer in the (a) Department of Transport
(b) Department pf Finance
(c) Department of State Expenditure
(d) South African Local Government Association (SALGA)
(b) The details of the Departmental Representatives are as follows-
(i) Dept. of Transport: Mr Ngwako Makaepea
(ii) Dept. of Finance: Mr Themba Zulu
(iii) SALGA: Mr Xolile George
2. The details of the Board members are as follows-
NO |
NAME |
GENDER |
RACE |
EXPERTISE |
DESIGNATION |
1. |
Mr. Leonard Ramatlakane |
Male |
African |
Governance |
Chairperson |
2. |
Adv. Smanga Sethene |
Male |
African |
Legal |
Non-Executive |
3. |
Mr. Mukhuba Matodzi |
Male |
African |
Mechanical Engineering |
Non-Executive |
4. |
Ms. Boitumelo T Mokgoko |
Female |
Black |
Chartered Accountant |
Resigned |
5. |
Mr. Dinkwanyane K Mohuba |
Male |
African |
Governance |
Non-Executive |
6. |
Dr Allison E Lewis |
Female |
White |
Civil Engineering |
Resigned |
7. |
Ms. Nosizwe Nokwe-Macamo |
Female |
African |
Private Sector Enterprise |
Non-Executive |
8. |
Ms. Thinavhuyo N Mpye |
Male |
African |
Chartered Accountant |
Non-Executive |
9. |
Mr Ngwako Makaepea |
Male |
African |
DoT Rep |
Non-Executive |
10. |
Mr Themba Zulu |
Male |
African |
Dept. of Finance |
Non-Executive |
11g. |
Mr Xolile George |
Male |
African |
SALGA Rep |
Non-Executive |
1. Yes the Board is properly constituted with nine (9) members and has two vacancies, the process of filling those vacancies is underway, however, the Board if quorating.
a) See the response in 3 above (N/A)
b) (i)The Western Cape High Court declared the appointment of the Administrator unlawful and thus reviewed and set aside. The Court however did not declare that the decisions therein taken by the Administrator were also unlawful, invalid and set aside as such there is no need to review those decisions.
(ii) Mr Mpondo’s remuneration package R5 450 549.00 p annum. He did not contribute to the PRASA Provident Fund. He did not receive any other benefits.
2. There were no recoveries made and reference is made to (b) (i) above.
28 September 2021 - NW2121
Lees, Mr RA to ask the Minister of Transport
Whether the investigation and report into the crash of the SA Civil Aviation Authority aircraft that crashed near George in the Western Cape on 23 January 2020 have been completed; if not, (a) what are the reasons that the investigation and report have not been completed and (b) by what date will the investigation and report be completed; if so, what are the details of the findings and recommendations?
Reply:
The investigation and report into the crash of the SA Civil Aviation Authority aircraft that crashed near George in the Western Cape on the 23 January 2020 have not yet been completed.
a) The accident could not be investigated by the Aircraft Accident and Incident Investigation (AIID). The Minister therefore delegated the investigation of the ZS-CAR aircraft accident to the Ethiopian Aircraft Accident Investigations Board (AAIB). The Ethiopian investigators arrived in South Africa on 24 January 2021 and commenced with the Investigation of the ZS-CAR aircraft accident on 25 January 2021.
b) It is envisaged that the Ethiopian AAIB will issue the Final Report by end of March 2022