Questions and Replies

Reply:

(a)The number of visa’s rejected in (i) 2017 = 27 772 and (ii) 2018 = 36 452.

(b) A breakdown of the country of origin of each applicant whose application was denied for the respective years is attached as Annexure A.

 

 

END

Reply:

Department of Public Enterprises:

The information on cleaning and security services is mentioned below. There was no spending on gardening services.

(a)(i) Department of Public Enterprises

(b) Cleaning Services

Lounde Holdings = R156 600.00

Purpose serve Service & Supply = R328 500.00

Vuledza Industies = R124 788.00

(c) Security Services

Matlolobe Business Enterprise = R1 754 967.33

Madox Security and Risk = R247 000.00

Eldna Security Services = R907 633.94

Nungu Security Services = R267 000.00

Services	(aaa) 2017/2018	(bbb) 2018/2019	TOTAL
Cleaning Services	R204 600.00	R405 288.00	R609 888.00
Security Services	R1 671 143.56	R1 505 457.71	R3,176,601.27
Gardening Services	N/A	N/A	N/A

According to the information received from Alexkor

• Cleaning services-Alexkor have two cleaners which are internal staff
• Security services- Not applicable
• Gardening services – Not applicable

Alexkor /RMC PSJV Enterprise Development Project - 2017/2018 – Cleaning and Gardening

1. GB Keweley (Township Cleaning including Gardens)	R 56 500.00
2. Madawa Services (Township Cleaning including Gardens)	R 298 390.00
3. June Christiaan (Cleaning Services)	R 70 000.00
4. Amos Mrwati (Cleaning Services)	R 72 500.00
5. Alexanderbay Tuinsdienste (Township Cleaning Services including Gardens)	R 83 400.00
6. Gerrit Cloete ( Township Cleaning Services)	R 119 000.00
7. Ex Catherda Services (Township Cleaning Services)	R 158 000.00
8. Richtersveld Werke (Township Cleaning and Gardens)	R 220 000.00

Alexkor /RMC PSJV Enterprise Development Project - 2018/2019 – Cleaning and Gardening

1. Madawa Services (Township Cleaning including Gardens)	R 260 500.00
2. June Christiaan (Cleaning Services)	R 62 100.00
3. Amos Mrwati (Cleaning Services)	R 62 100.00
4. Gerrit Cloete ( Township Cleaning Services including Gardening)	R 121 000.00
5. Ex Catherda Services (Township Cleaning Services including Gardening)	R 165 000.00
6. Richtersveld Werke (Township Cleaning Services including Gardens)	R 231 000.00

Alexkor/RMC JV - F/Y 2017/2018

Security Services

R10, 994 572.00 (Vat excluded)

Alexkor/RMC JV - F/Y 2018/2019

Security Services (Physical and CCTV)

R10, 595 825.00 (Vat excluded)

According to the information received from Denel

Financial Year	Cleaning	Security	Gardening	TOTAL
2017/18	13,071,894.50	17,232,157.26	3,684,380.75	33,988,432.51
2018/19	12,752,339.55	16,446,327.25	2,930,533.35	32,129,200.15
Total	25,824,234.05	33,678,484.51	6,614,914.10	66,117,632.66

According to the information received from ESKOM

a)(ii)

The table below displays the amounts that Eskom has spent on cleaning, security, and gardening service contracts in the 2017-18 and 2018-19 financial years.

(b)(c)

The amount paid to service providers for cleaning services is in Annexure A. The amount paid to service providers for security services is Annexure B. The amount paid to service providers for gardening services is in Annexure C.

Service Providers	(aaa) 2017/18	(bbb) 2018/19	TOTAL
(aa) Cleaning Services	632 658 536.57	653 465 470.68	1 286 124 007.25
(bb) Security Services	1 033 723 184.61	1 023 120 840.51	2 056 844 025.12
(cc) Gardening Services	127 794 705.50	100 237 950.60	228 032 656.10
ALL Services	1 794 176 426.68	1 776 824 261.79	3 571 000 688.47
(a)(ii)TOTAL	3 571 000 688.47

According to the information received from SAA

Financial Year	Supplier	2017-18	2018-19	Total
(aa) Cleaning Services	Morena Corporate Services	R23 025 915.90	R 23 838 871.70	R46 864 787.60
(bb) Security Services	Reshebile Protection and Aviation Services	R100 645 461.06	R100 812 034.16	R201 457 495.22
(cc) Garden Services	Rothe Plantscapers	R408 322.08	-	R408 322.08
	Rothe Plantscapers	R102 169.26	R862 461.29	R964 630.55

According to the information received from SAFCOL

(a) (ii)The Summary is provided below:

Services 2017/18	Amounts
(aa)	Cleaning (materials procured for cleaning services)	R1 063 251,94
(bb)	Security	R7 366 137,15
(cc)	Gardening services (Gardening services costs are incurred by the landlord)	R0

(aaa)

(bbb)

Services 2018/19	Amounts
(aa)	Cleaning (Materials procured for cleaning services)	R1 458 793,41
(bb)	Security	R10 019 283,59
(cc)	Gardening services (Gardening services costs are incurred by the landlord)	R0

Refer to Annexure A for more details (ii) (aaa) 2017-18, (bbb) 2018-19, (b) and (c).

According to the information received from SAX

No	Supplier name	Service rendered	Amount paid 2017-18	Amount paid 2018-19
1	SAA	Cleaning services	R 256 614.36	R 262 639.92
2	Mafoko Security	Security services	R 480 855.86	R 657 651.96
3	SAA	Gardening services	R 157 642.80	R 157 642.80
4	Bosasa	Security services	R 121 600.82
Total	R 1 016 713.84	R 1 077 934.68

 

 

Reply:

1. The Department does not experience system crash/failure, but sometimes system unavailability due to certain causes like infrastructure issues, e.g power and network outages caused by various instances like cable theft/damages.

The Department has built in monitoring system that system experts use daily for monitoring utilization, queues, databases, and network infrastructure availability. The Department intends to implement Enterprise Operating Centre (EOC) which will fully monitor all departmental critical systems.

2. There have been initiatives through State Information Technology Agency (SITA) for Uninterrupted Network and Departmental ongoing system upgrades and projects.

 

END

Reply:

Department of Public Enterprises:

The Department has not contracted services of Werksmans Attorneys.

According to the information received from Alexkor SOC LTD

Company name (furnished)	(a) what was the value of each contract	(b) on what date was it awarded	(c) for what services was it warded	(d) who approved the contracting of the services?
Werksman Attorneys	Not applicable	Not applicable	Not applicable	Not applicable

Alexkor SOC did not contract the services of Werksmans Attorneys since February 2018.

According to the information received from Denel SOC LTD

Company name (furnished)	(a) what was the value of each contract	(b) on what date was it awarded	(c) for what services was it warded	(d) who approved the contracting of the services?
Werksman Attorneys	Not applicable	Not applicable	Not applicable	Not applicable

Denel SOC did not contract the services of Werksmans Attorneys since February 2018.

According to the information received from Eskom SOC LTD

Company name (furnished)	(a) what was the value of each contract	(b) on what date was it awarded	(c) for what services was it warded	(d) who approved the contracting of the services?
Werksman Attorneys	Not applicable	Not applicable	Not applicable	Not applicable

Eskom has not contracted services of Werksmans Attorneys since February 2018.

According to the information received from SAA SOC LTD

(a) Werksman rendered a variety of legal services to SAA as fully set out in Table A hereunder.

Table A Werksmans rendered and were paid for the following services for the period 2008 to 2019.

TABLE A

SAA Paid Werksman the following amounts for the period 2008 to 2019
Financial Year	Vendor Name	Services Rendered	Total Spend
2008	Werksman Attorneys	Litigation	R 788,773.92
2009	Werksman Attorneys	Litigation	R 1,547,889.36
2010	Werksman Attorneys	Litigation (Equity Aviation)	R 545,592.08
2011	Werksman Attorneys	Labour	R 3,867.45
2012	Werksman Attorneys	Litigation (Equity Aviation)	R 110,502.48
2013	Werksman Attorneys	Labour Matter	R 175,165.09
2014	Werksman Attorneys	Labour Matter	R 252,550.78
2015	Werksman Attorneys	Aircraft Leasing	R 1,199,031.66
2016	Werksman Attorneys	Labour Matter	R 524,399.20
2017	Werksman Attorneys	Labour Matter	R 14,801.88
2018	Werksman Attorneys	Intellectual Property (Release of Mortgage)	R 93,678.28
2019	Werksman Attorneys	Labour Matter Steven Poprawa	R 865,004.93
			R6,121,257.11

SAA is not aware of any Werksmans affiliated companies that were paid for the rendering of the above mentioned companies. All invoices received from Werksmans were paid directly to them.

This level of information is normally not kept by the legal department. The duration of each contract is always dependent the type of matter and any complexities presented. Litigation matters would normally last longer compared to corporate advisory and transactional work. We will commence collation of this information for future reporting.

(d) The procurement of the services followed a supply chain process and were sourced either through the panel of service providers or the RFQ process and were signed off by procurement as the custodian of the procurement process. Each contract entered into with Werksmans was or is in line with the PFMA and relevant departmental regulations.

According to the information received from SAFCOL SOC LTD

Werksman Attorneys February 2018 – August 2019

Reference	Description	Service Provider	Date Awarded	Contract Approved	Contract Period	Bid Amount
1.	Legal Services	Werksmans Attorneys	None	None	None	R119 752,31

a) The contract value is not known as there was no contract between SAFCOL and Werksmans Attorneys. However, expenses incurred from February 2018 to August 2019 amounted to R119 752, 31.

b) The exact date during which the contract was awarded to Werksmans Attorneys is not known. However, the instruction to request Werksmans Attorneys to carry out work for SAFCOL was around August 2015.

c) Werksman Attorneys scope of work was to initiate and preside over disciplinary hearings for certain employees.

d) The instruction to Werksmans Attorneys was approved by Ms Nomkhita Mona (former CEO), Ms Zoliswa Mashinini (former CFO) and Francois de Villiers (former COO).

According to the information received from SAX SOC LTD

Name of Company	Werksmans Attorneys
Value of contracts	Fixed once off contract (R1 196 305.26)
When was it awarded?	February 2019
Type of services	Werksmans Attorneys was requested to perform the following duties: To assist with the review of commercial terms relating to particular contracts and SAX rights as some had been flagged as irregular from a compliance perspective – MGC Matekane; Africa Charter; FlyFofa; Namane Capital; Ziegler
Who approved the contracting of services	The appointment followed the normal internal procurement processes.

According to the information received from TRANSNET SOC LTD

From February 2018 Transnet has not contracted Werksmans attorneys to render any services. However, in June 2017 they were hired by the then Transnet Board to conduct a forensic investigation into allegations of procurement irregularities in the acquisition of the 1064 locomotives. Those services were rendered from June 2017 to March 2018 and for which they were paid fees in the amount of R12 562 506.83 including VAT and disbursements.

Legal firms should be retained on the basis of their specific expertise and the particular needs of the entity. Any forensic report produced by any legal or other firm must be acted upon to recover funds improperly expended and where appropriate charges will be laid with the relevant law enforcement authorities.

Reply:

The Tsambokhulu Village is already receiving water supply from the Masibekela Water Treatment Plant which abstract water from the Komati River. The plant was upgraded in 2013 from 7ML /Day to 14ML/Day in order to address the water demand of the Southern area of Nkomazi Local Municipality including Tsambokhulu Village. The project was completed in 2016 and is being operated by the Nkomazi Local Municipality.

However, due to inadequate electrical supply, the Masibekela Water Treatment Plant is currently operating at an average volume of 9ML/Day. The shortfall is due to additional electricity supply needed to optimise the Masibekela Treatment Plant. This is being addressed through an application which has already been lodged with Eskom.

To address the above, I wish to inform the Honourable Member that my Department is assisting the municipality to address the matter and has lodged an application with ESKOM for the supply of electricity to the Masebekela Water Treatment Plant. The improvement of electrical supply will enable the plant to operate at full capacity and the water demand for Tsambokhulu village will be fully accommodated.

 

 

 

Reply:

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

Reply:

(a) (i)3

(a) (ii) None

Note: the indicated international trips are for the 2019/2020 financial year only.

Planning of the 2022 - 2020 is scheduled for later this year.

(b) (i) Australia, London and Canada

(ii) 4 - 6 September 2019; 26 - 28 November 2019; 01 - 04 March 2020

(iii) Investment conferences

(iv) 4

Australia London Canada
( c) (i) Flights: R 101 527 R105 940 R131 839
(ii) Accommodation: R54 860 R69 260 R42 520
(iii) Other expenses: R2 I 670

DDG: Mineral Policy and Promotion
Ms N Ngcwabe
Date: 27/08/2019

Recommended

Advocate Y Mokoena
Director General: Department of Mineral Resources
03/09/2019

Approved

Mr SG Mantashe
Minister of Mineral Resources
Date: Submitted: 15/10/2019
 

Reply:

A total of R330,070 million has been spent up to 31 July 2019:

Financial Year	Expenditure R’000
2018/19	244,573
2019/20 as at 31 July 2019	85,496
Total Spent	330,070

 

b) Which companies or service providers were paid with the budget and (c) What amount was each company or service provider paid?

Supplier	Amount Paid		Supplier	Amount Paid
Business Furniture Solutions	R           194,062		Esizwe Group	451,030
Metro (Pty) Ltd	R          198,731		Mvula Computer Network	87,910
Ibhubesi	R              51,740		Konica Minolta	183,690
Tiso Black Star	1,824,436		Travel with Flair	445,517
Tina fusion	R                1,500		Government Printing Works	129,880
Krost Shelving	R              55,884		EMS	150,750
Elle Promotions	R              35,625		Exclusive Book	1,585
Perfect Transcribers	R                8,980		PC Palace	1,561
Accura	669,560		Buddulphus	14,933
Multimedia Xpress	816,172		Thfheembilu Suppliers	10,000

 

The names of suppliers paid by National Treasury on behalf of the State Capture Commission cannot be disclosed due to the secrecy and sensitivity of the activities performed by the Commission. The number of companies/ individuals and total paid todate is indicated in the table below:

No.	Services Provided	No of Service Provided	Amount Paid to date
1.	Digital Forensic Team	23	R38,208,176
2.	Core Investigation Team	10	R50,447,744
3.	Information Management Team	11	R14,816,571
4.	Research Hub	8	R5,283,458
5.	Digital Support Team	4	R642,437
6.	Investigation Team	45	R48,015,130
7.	Call Centre Team	3	R2,168,448
8.	Legal Centre	3	R545,000
Total Consultant Services		107	R160,126,964
9.	Communications & Software	3	R370,012,203
10	Substance & Travel Expenses	2	R243,178
11.	IT Consumable	1	R34,152
12.	Machinery & Equipment	1	R51, 944,472
13.	Security Services	1	R321, 793
Total other expenditure		8	R89,555,798
Total Expenditure to date			R249,682,762

Payments to Legal Counsel:

Counsel	No. Appointments	Amount Paid to date
Senior Counsel	5	R31 462, 788
Junior Counsel	7	R12, 738,305
Total	12	R42,201, 092,81

Reply:

(a) (i) (aa) As at 17 September 2019, the total number of vacancies for Presiding

Officers (Magistrates) in the lower courts is 426, comprising Regional, Senior and entry level District Court Magistrates. The number of vacancies, disaggregated, is as follows:

1. There are 367 entry level magistrates’ vacancies, of which 210 have already been recommended by the Magistrates Commission to be filled after all recruitment processes have been completed. I have received a memorandum regarding the recommended filling of these posts which is currently receiving consideration. The remaining 157 vacant posts of entry level magistrates will be advertised by December 2019/January 2020;
2. There are 27 senior magistrates’ vacancies, which were advertised in June 2019. The recruitment processes regarding these vacancies are already in progress;
3. There are 29 regional magistrates’ vacancies. These posts were advertised in June 2019 and the recruitment processes are already in progress; and
4. There are also three (3) regional magistrates’ posts that became vacant recently. (In this regard, Mr Xolo from Eshowe Magistrate’s Court passed away on 11 September 2019; Mr Lubuzo from Madadeni Magistrate’s Court passed away on 12 July 2019; and Mr Erasmus from the Port Elizabeth Magistrate’s Court retired on 1 September 2019).

At this stage, I am unable to provide the dates when each of the magistrates’ posts became vacant in view of the substantial number of vacancies as the information will need to be sourced country-wide per vacancy from the various courts. The majority of these vacancies mentioned above became vacant after March 2018 when the previous advertisement for vacancies was compiled.

(a) (ii) (aa) The total number of current vacancies for court officials (administration posts) in the lower courts in each province is as follows:

The table below provides a summary of funded vacancies as at 6 September 2019:

Regions	Number of Funded Vacancies
Eastern Cape	91
Free State	28
Gauteng	62
KZN	52
Limpopo	57
Mpumalanga	31
North West	47
Northern Cape	20
Western Cape	75
Grand Total	463

The total number (463) of vacant administration posts in the lower courts can be disaggregated as follows:

• A total of 139 vacant positions have been vacant for a period of less than 90 calendar days or less from the date that the position became vacant.
• A total of 101 have been vacant for a period of 91 and 180 calendar days.
• A total of 132 funded vacant positions have been vacant for a period of 181 to 360 calendar days.
• A total of 91 funded positions have been vacant for a period longer than 361 days.

Table 1: Presiding Officers

(a) The total number of current vacancies for (i) presiding officers at the Higher Court is currently at 36;

(bb) the 36 vacancies are in 21 Location/Service Centres of 7 Superior Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court	(a) Total number of current vacancies	(a) (i) Presiding officers	(a) (aa)Lower Courts in each province	(a) (bb) Location/Service Centres of 7 Superior Courts in each province	(b) (i) Details of the positions	(b) (ii) Date in which each position became vacant
Constitutional Court	1	1	0	1	Judge (x1)	20.08.2019
Supreme Court of Appeal	2	2	0	1	Judge (x2)	01.07.2019 22.07.2019
Northern Cape Division (Kimberley)	2	2	0	1	Deputy Judge President (x1) Judge (x1)	02.10.2017 18.09.2017
Eastern Cape Division (Grahamstown)	3	3	0	4	Judge (x3)	03.03.2017 01.06.2019 30.08.2019
Eastern Cape Local Division (Port Elizabeth)	2	2	0		Judge (x2)	22.12.2018 21.01.2019
Eastern Cape Local Division (Bhisho)	1	1	0		Judge (x1)	07.11.2017
Eastern Cape Local Division (Mthatha)	1	1	0		Judge(x1)	03.09.2018
Western Cape Division (Cape Town)	1	1	0	1	Judge (x1)	01.06.2018
North West Division (Mahikeng)	2	2	0	1	Deputy Judge President (x1) Judge (x1)	02.10.2017 16.04.2019
Free State Division (Bloemfontein)	2	2	0	1	Deputy Judge President (x1) Judge (x1)	01.12.2018 28.07.2019
Gauteng Division (Pretoria)	4	4	0	2	Judge (x4)	02.01.2018 01.06.2018 16.06.2018 12.05.2019
Gauteng Local Division (Johannesburg)	3	3	0		Judge (x3)	01.08.2018 01.02.2019 10.06.2019
Limpopo Local Division (Thohoyandou)	0	0	0	2	n/a	n/a
Limpopo Division (Polokwane)	1	1	0		Deputy Judge President (x1)	01.06.2019
Mpumalanga Division (Nelspruit)	8	8	0	1	Deputy Judge President (x1) Judge (x7)	21.12.2018
KwaZulu-Natal Division (Pietermaritzburg)	1	1	0	2	Judge (x1)	01.06.2019
KwaZulu-Natal Local Division (Durban)	0	0	0		n/a	n/a
Labour Court	2	2	0	4	Deputy Judge President (x1) Judge (x1)	18.09.2017 21.05.2019
Total	36	36	0	21	36	n/a

 

Table 2: Court Officials

(a) The total number of current vacancies for (ii) Court Officials in the Higher Court is currently at 130;

(bb) the 130 vacancies are in 21 Higher Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court	(a) Total number of current vacancies	(a) (ii) Court Officials	(a) (aa)Lower Courts in each province	(a) (bb) Higher Courts in each province	(b) (i) Details of the positions	(b) (ii) Date in which each position became vacant
Constitutional Court	4	4	0	1	Law Researcher (x2)	31.12.2018 28.02.2019
					Judge’s Secretary (x 1)	28.02.2019
					Security Officer (x1)	01.01.2019
Supreme Court of Appeal	6	6	0	1	Office Manager (x1)	01.01.2019
					Assistant Director: Library Services (1)	31.12.2018
					Deputy Director: Auxiliary Services (1)	14.12.2018
					Librarian (1)	01.08.2019
					Judge’s Secretary (x2)	02.07.2019 18.07.2019
Northern Cape Division (Kimberley)	3	3	0	1	Administration Clerks (Dcrs) (x1)	01.01.2019
					Chief Registrar (x1)	01.01.2019
					Senior Court Interpreter (x1)	31.03.2019
Eastern Cape Division (Grahamstown)	6	6	0	4	Administration Clerk (x2)	01.11.2018
						01.07.2019
					Chief Registrar (x1)	31.07.2019
					Registrar (x1)	01.08.2019
					Register’s Clerk (x1)	01.11.2018
					Typist (x1	01.07.2019
Eastern Cape Local Division (Port Elizabeth)	2	2	0		Court Manager (x1)	01.06.2019
					Judge’s Secretary (x1)	30.06.2019
Eastern Cape Local Division (Bhisho)	5	5	0		Administration Clerk (x1)	30.11.2018
					Judge’s Secretary (x1)	30.06.2019
					Messenger (x1)	01.04.2019
					Senior Court Interpreter (x1)	01.04.2019
					Statistical Officer (x1)	31.03.2019
Eastern Cape Local Division (Mthatha)	6	6	0		Administration Clerks (Dcrs) (x1)	06.01.2019
					Registrar (x1)	31.12.2018
					Registrar’s Clerk (x1)	31.03.2019
					Telecom Operator (x1)	01.09.2018
					Typist (x1)	31.05.2019
					Usher Messenger ii (x1)	31.12.2018
Western Cape Division (Cape Town)	12	12	0	1	Administration Clerk (x1)	16.04.2019
					Judge’s Secretary (x2)	31.07.2019
						31.05.2019
					Law Researcher (x1)	14.04.2019
					Registrar (x3)	31.12.2018
						01.01.2019
						01.03.2019
					Registrar’s Clerk (x1)	30.07.2019
					Senior Court Interpreter (x1)	31.03.2019
					Senior Foreman: Caretaking Services (x1)	31.05.2019
					Usher Messenger ii (x2)	29.03.2019
						30.06.2019
North West Division (Mahikeng)	8	8	0	1	Administrative Officer (x1)	28.02.2019
					Court Interpreter Principal (x1)	31.01.2019
					Judge’s Secretary (x1)	01.03.2019
					Librarian (x1)	31.07.2019
					Registrar (x1)	01.01.2019
					Chief Registrar (1)	30.11.2019
					Registrar’s Clerk (x1)	30.04.2019
					Registry Clerk (x1)	01.12.2018
Free State Division (Bloemfontein)	6	6	0	1	Administration Clerks (Dcrs) (x1)	10.06.2019
					Judge’s Secretary (x1)	31.07.2019
					Law Researcher (x1)	27.02.2019
					Registrar (x2)	01.02.2019
						01.11.2018
					Registrar’s Clerk (x1)	31.07.2019
Gauteng Division (Pretoria)	14	14	0	2	Registrar Chief (x1)	31.05.2019
					Administration Clerks (Dcrs) (x1)	01.06.2019
					Judge’s Secretary (x4)	31.05.2019
						31.05.2019
						28.02.2019
						01.05.2019
					Library Assistant (x2)	31.03.2019
						30.04.2019
					Registrar (x1)	28.02.2019
					Registrar’s Clerk (x1)	30.06.2019
					Secretary (x1)	31.03.2019
					Typist (x2)	17.06.2019
						01.05.2019
					Usher Messenger ii (x1)	11.02.2019
Gauteng Division (Johannesburg)	10	10	0		Administration Clerk (x1)	01.06.2019
					Judge’s Secretary (x2)	01.05.2019
						30.06.2019
					Senior Court Interpreter	31.01.2019
					Office Manager (x1)	01.05.2019
					Registrar (x1)	01.07.2017
					Registrar’s Clerk (x2)	30.04.2019
						11.04.2019
					Typist (x1)	02.04.2019
					Typist Chief (x1)	31.12.2018
Limpopo Local Division (Thohoyandou)	2	2	0	2	Registrar’s Clerk (x1)	31.12.2018
					Registrar	31.12.2019
Limpopo Division (Polokwane)	0	0	0		n/a	n/a
Mpumalanga Division (Nelspruit)	16	16	0	1	Office Manager (x1)	01.06.2018
					Assistant Director: Administration (x1)	01.06.2018
					Librarian (x1)	01.01.2019
					Registrar (x2)	30.06.2019
						31.07.2019
					Registrar’s Clerk (x8)	01.06.2018
						01.06.2018
						01.06.2018
						01.06.2018
						01.06.2018
						01.06.2018
						01.06.2018
						01.06.2018
					Secretary (x1)	01.06.2018
					Senior Court Interpreter (x1)	01.06.2018
					Telecom Operator (x1)	27.06.2019
KwaZulu-Natal Division (Pietermaritzburg)	6	6	0	2	Court Interpreter Principal (x1)	01.12.2018
					Data Capturer (x1)	01.08.2019
					Judge’s Secretary (x1)	01.03.2019
					Registrar (x1)	10.12.2018
					Senior Court Interpreter (x2)	01.06.2019
						01.08.2019
KwaZulu-Natal Local Division (Durban)	11	11	0		Administration Clerk (x2)	01.03.2019
						01.08.2019
					Law Researcher (x1)	31.12.2018
					Registrar’s Clerk (x3)	31.03.2019
						01.01.2019
						25.02.2019
					Senior Court Interpreter (x1)	01.01.2019
					Typist (x1)	30.04.2019
					Usher Messenger ii (x3)	31.01.2019
						01.02.2019
						11.02.2019
Labour Court	13	13	0	4	Administration Clerk (x3)	01.08.2019
						01.02.2019
						11.02.2019
					Deputy Director: Administration (x1)	01.07.2019
					Food Service Aid ii (x1)	01.08.2019
					Judge’s Secretary (x3)	01.03.2019
						01.03.2019
						31.01.2019
					Usher/Messenger (x1)	01.03.2019
					Registrar (x2)	01.12.2018
						18.06.2019
					Registrar’s Clerk (x2)	31.03.2019
						31.05.2019
Total	130	130	0	21	130

 

Reply:

(1) The Department is still conducting research on the different methodologies.

(2) No

DDG: Mineral Policy and Promotion
Ms N Ngcwabe
Date: 26/09/2019
 

Recommended

Advocate T Mokoena
Director General: Department of Mineral Resources
Date: 30/09/2019

Approved

Mr SG Mantashe
Minister of Mineral Resources
Date: 15/10/2019

Reply:

a) I am informed by the Special Investigating Unit Head that the Special Investigating Unit (SIU) has presented an Interim Report to the Presidency on 31 October 2018 setting out the findings thus far in relation to Proclamation No. R22 of 2016. The SIU has also already taken civil action against the service providers, per Notice of Motion. The Application was issued on 26 November 2018 out of the Limpopo Division of the High Court, Polokwane. The SIU is seeking to have the appointment of LTE Consulting (Pty) Ltd and contract awarded, declared unlawful and invalid ab initio, and set aside by a court of law.

Furthermore, the SIU is seeking that the court grants an order which is just and equitable. The value of the contract is approximately R2,5 billion. The litigation is ongoing.

In addition to the civil action taken by the SIU, the SIU has also referred evidence in two criminal matters to the National Prosecuting Authority against two officials at the Lepelle Northern Water (LNW) Agency. Disciplinary referrals in respect of these two officials were also handed to the then Chairperson of the LNW Board. A further outcome was the referral of evidence to the Construction and Industry Development Board (CIDB) relating to a contravention of the CIDB Act.

b) (i) The SIU is conducting a value for money investigation which is ongoing. In addition to this, the scope of the SIU's investigation has been increased by the extension of the proclamation to include further allegations of maladministration and corruption related to this tender.

(ii) The SIU will, in terms of its legislation, present its findings to the President in the final Presidential Report. It will then be the President's discretion to make a decision whether to or not release the report.

Reply:

1. (a) (i) The Department of Justice and Constitutional Development has spent as follows on media buying, both for communications and recruitment purposes:

(aa) 2016/17: R16 698 783.73

(bb) 2017/18: R13 810 961.04; and

(cc) 2018/19: R13 551 618.69

2. (a) The Department did not procure any outdoor advertising.

A. Entities

1. Legal Aid South Africa

1. Legal Aid SA has spent as follows in relation to advertising:

(aa) 2016-2017: R5 161 672.00;

(bb) 2017-2018: R4 770 938.00; and

(cc) 2018-2019: R3 300 647.00

2. Legal Aid South Africa spent on the following black-owned media companies (in black-owned companies, we considered only B-BBEE Level 1 contributors)

a) (i)

Company	Amount for three financial years 2016/17 - 2017/18	2016/17	2017/18	2017/18
South African Broadcast Corporation	R4 014 859.00	R935 404.00	R1 189 134.00	R1 890 321.00
Vuk’uzenzele (GCIS newspaper)	R46 153.00	R46 154.00
Page 82	R48 271.00	R48 271.00
Primedia Outdoor	R 887 346.00	R471 242.00	R363 204.00	R52 900.00
JC Decaux	R76 926.00	R76 926.00
Thabo Mphelo Films	R17 000.00	R17 000.00
VK Branding	R82 500.00		R82 500.00
Primedia Broadcast	R194 29.00			R194 299.00
Total	R5 367 355.00	R1 594 997.00	R1 634 838.00	R2 137 520.00

a) (ii) The table below provides the total amount spent on outdoor advertising:

	Financial Year	Amount spent on outdoor advertising (Overall)	Amount spent on outdoor advertising (Black-Owned Media)
(aa)	2016/17	R587 913.00	R519 513.00
(bb)	2017/18	R1 331 713.00	R440 130.00
(cc)	2018/19	R1 471 769.00	R101 170.00

B. Special Investigating Unit (SIU)

1. Please see the summary of information below in respect to the total amount spent on advertising by the SIU:

(a) (ii) (aa) 2016-17 – R 329’886.00

(bb) 2017-18: R228’476.00

(cc) 2018-19: R729’009.00

2. Total amount of the total expenditure incurred by the SIU went to each specified black-owned media company as tabulated below:

ii) The SIU does not do any outdoor advertising.

C. National Prosecuting Authority (NPA)

1. (a) The breakdown per year for advertising by the NPA is as follows:

	2016/17	2017/18	2018/19
Advert: Marketing	R627 000.00	-	R34 431.00
Advert: Tenders	R776.96	R250.00
Total	R627 776.96	R250.00	R34 431.00

2. The table below provides the supplier details of all payments, however there was no spend on outdoor advertising:

Financial Year	Supplier details	Amount	BEE Level	At Least 51% Black Owned	At Least 51% Black Woman Owned	At Least 51% Black Youth Owned
2016/17	GCIS	R627 000.00	Government Department
2016/17	Government Printing Works	R776.96	Government Department
2017/18	Government Printing Works	R250.00	Government Department
2018/19	African Directory Service	R34 431.00	1	Yes	No	No
Total	R662 457.96

1.(a)(i) The Office of the Chief Justice spent the below amounts on advertising in the following financial years:

1. (aa) R1 066 871 in the 2016/17 financial year;
2. (bb) R1 702 403 in the 2017/18 financial year; and
3. (cc) R1 724 150 in the 2018/19 financial year.

2. (a)(i) The Office of the Chief Justice (i) spent the amounts listed below to companies owned by previously disadvantaged individuals (Black, Coloured and Indian) as follows:

	2016/17	2017/18	2018/19
No	Previously Disadvantaged Companies	Amount	Previously Disadvantaged Companies	Amount	Previously Disadvantaged Companies	Amount
1	Basadzi Personnel CC (Advert Recruitment)	R94 017.09	Amcomms The-Can-Do Company (Advert Recruitment)	R152 152.20	Basadzi Media (Advert Recruitment) & (Advert Tenders)	R208 612.31
2	Harriet Dimakatso Multimedia (Advert Recruitment)	R41 372.43	Basadzi Media (Advert Recruitment) & (Advert Tenders)	R29 464.84	Hermes Communications Solutions (Advert Recruitment)	R20 645.15
3	Letsatsi Konnexion Centre (Advert Promotional Items)	R 92 000.00	Hermes Communications Solutions (Advert Recruitment)	R52 488.79	Kone Staffing Solutions (Advert Recruitment)	R155 230.91
4	Magauta Recruitment & Placement (Advert Tenders)	R13 520.40	Indaba Global Travel (Advert Promotional Items)	R81 106.18	Magauta Recruitment and Placement (Advert Recruitment)	R123 744.60
5	Pagliari (Advert Promotional Items)	R36 519.90	Jackstar Traders (Advert Recruitment)	R84 896.02	Moshate Media (Advert Recruitment)	R328 426.47
6	SPS Advertising and Marketing (Advert Promotional Items)	R182 216.46	KNTE (PTY) (LTD) (Advert Promotional Items)	R57 548.00	Seriti Printing Digital (Advert Promotional Items)	R6 848.22
7	Human Communications (Advert Recruitment)	R30 408.73	Kone Staffing Solutions (Advert Recruitment)	R80 798.64	SPS Advertising and Marketing (Advert Promotional Items)	R55 165.50
8	Leopard Rock Office Supplies (Advert Promotional Items)	R348 344.96	Magauta Recruitment and Placement (Advert Recruitment) & (Advert Marketing)	R193 594.80	Core Marketing Solutions (Advert Promotional Items)	R283 974.68
9	Madiba Promotions (Advert Boards)	R8 977.50	Phaahlana-Mahlako Media Printing (Advert Promotional Items)	R181 490.40	Human Communications (Advert Recruitment) & (Advert Tenders)	R74 455.43
10	M R G Graphics (Advert Marketing)	R81 777.44	African Directory Services (Advert Promotional Items)	R11 397.15	Madiba Promotions (Advert Promotional Items)	R272 688.00
11			Human Communications (Advert Recruitment)	R34 992.43	Seriti Printing Digital (Advert Promotional Items)	R7 127.73
12			Shaneal Distributors (Advert Promotional Items)	R1 500.00	Jetline Midrand (Advert Promotional Items)	R20 261.88
13			Highbury Media (Advert Marketing)	R3 418.86
14			Kaqala Media (Advert Marketing)	R71 250.00
Total	10	R1 066 871	14	R1 702 403	12	R1 724 150

(2) (a)(ii) The Office of the Chief Justice did not procure outdoor advertising during the specified financial years, therefore, question 2 (c) will not be applicable.

Reply:

With reference to the list of forensic investigations and specialised performance audits, as listed on ANNEXURE A of Question No. 3072, Below is the response:

i. The details of the findings and recommendations are contained in the detailed reports submitted to the respective department, municipality, entity or law enforcement agent, if requested.

ii. National Treasury is an agent and not the owner of the reports. Therefore, the respective organ of state, as reflected in Annexure A of Question No. 3072 should be responsible for responding to the question posed.

Reply:

1. The docket was re-submitted to the prosecution on 28 October 2018 with investigations still outstanding. A supplementary docket which was opened in November 2018, is seemingly a counter charge relating to an instance of alleged fraud. The new Investigating Officer assigned to the case has advised the Chief Prosecutor that there is a corruption docket opened, but this has not yet been submitted.
2. No arrests have been made, as the matter is still under investigation.
3. The Chief Prosecutor is not in a position to respond on the allegation of interference against the station commander of Orlando Police Station as she has not had sight of the corruption docket.
4. The matter is still being investigated by Investigating Officer at the South African Police Service and they are responsible for liaising with the complainant and provide status updates on the matter. It is therefore recommended that the Honourable Member approach the Minister of Police in this Regard.

Reply:

1(a) Currently, the Office of the Master of the High Court, Pretoria has a backlog in respect of Trusts. The reason is that since January 2019, it has been ascertained that 45 000 Trust files are missing. This has been caused by a storm that occurred when the files were still stored at Docufile and the roof of the facility was blown off which left many files being destroyed. The office, after removal of the files to Metrofile, has established a new database, and after diligent searches in the office, has now indicated that approximately 45 000 files are unaccounted for. This has also led to a backlog as dummy files need to be opened. However, this is exacerbated by the fact that before 2013, files were not kept on an automated system and clients do not have copies of all documents to open dummy files.

(b) The office, together with stakeholders, is trying their utmost best to address this backlog, and will be working overtime in the next three (3) months.

2. No.

Reply:

(a) Yes, 9 Mining Rights issued and 5 Prospecting Rights issued in Emfuleni Local Municipality.

(b) Other rights applied for and their details as per the other questions follows in the table below:

Reply:

Not all sentenced offenders can be provided with work as contemplated in section 40 of the Correctional Services Act, Act 111 of 1998.

a) Offenders such as those with further charges, disabilities and sentenced children are exempted from performing work. Offenders are allocated work activities by Case Management Committees (CMC) considering the offenders security risk classification.

b) The department is continuously making an effort for sentenced offenders to be provided not only with work but also the following daily activities:

• Educational programmes;
• Skills development programmes
• Sports, recreation, arts and culture (SRAC)
• Agriculture and;
• Production workshops

Reply:

a) (i) The National Prosecuting Authority (NPA) monitors and records prosecutions on

cases relating to the killing or attempted killing or injuring of a rhino in order to dehorn it, the possession, transportation, dealing in (trading) and importing or exporting of rhino horn without a legitimate permit. This also includes all incidents where the accused are found to be trespassing where rhinos are being kept whilst being in possession of any instrument capable of removing a horn, under circumstances where the only reasonable inference to be drawn is the death or injury of the rhino, in order to obtain its horn.

(ii) The NPA does not record statistics on illegal use of wildlife.

The table below contains information regarding the convictions over the specified period. A total of 199 convictions were secured from 210 verdict cases, representing a conviction rate of 94.8%. A total of 314 accused were convicted.

FINANCIAL YEAR	RHINO CONVICTED CASES	RHINO ACQUITTED CASES	TOTAL VERDICT CASES	CONVICTION RATE	CONVICTED ACCUSED
2016/17	26	1	27	96,3%	39
2017/18	95	7	102	93,1%	153
2018/19	62	3	65	95,4%	97
2019/20	16	0	16	100,0%	25
Grand Total	199	11	210	94,8%	314

b) More details of the 199 convictions are not readily available apart from the fact that 314 accused were involved in the 199 cases and convicted during this reporting period.

c) The convictions were obtained in the divisions set out below with the majority (101) being secured in the Mpumalanga Division.

DIVISION	RHINO CONVICTED CASES	RHINO ACQUITTED CASES	VERDICT CASES	CONVICTION RATE	CONVICTED ACCUSED
Eastern Cape Division	1	0	1	100,0%	3
Eastern Cape Division - Mthatha	0	0	0	0.0%	0
Free State Division	1	0	1	100,0%	1
Gauteng Division: Provincial	8	2	10	80,0%	14
Gauteng Local Division	22	2	24	91,7%	34
Kwa-Zulu Natal Division	17	2	19	89,5%	25
Limpopo Division	31	1	32	96,9%	49
Mpumalanga Division	101	0	101	100,0%	160
Northern Cape Division	1	1	2	50,0%	0
North West Division	14	3	17	82,4%	25
Western Cape Division	3	0	3	100,0%	3
Grand	199	11	210	94,8%	314

Reply:

Yes the mentioned person is an employee of the department at Mqanduli Correctional Centre at Mthata Management Area.

a) Yes.

b) Yes.

c) Yes.

d) No.

Reply:

(1) Yes, Eskom's compliance with the minimum emissions standards (MES) is currently being monitored by the Department of Environmental Affairs. The draft IRP 2019 explored scenarios wherein through the energy mix, we reduce the aggregate emissions profile of South Africa's energy generation sector. In order to mitigate against high emissions, provision is made for other technologies to meet the supply/demand gap, taking into account the technical and economical characteristics of each technology.

(2) An analysis has already been done based on the IRP Update. Job creations is one of the objectives under the IRP Update process

Reply:

1) (a) The number of vacant posts which exist in the office of the Master in Johannesburg is 3.

(b) The following positions are vacant: 1 x Librarian post; 1 x Estate Controller post and 1 x Senior Provisioning Administration Officer post.

(c) These positions have been vacant as follows:

Librarian post since 1 April 2019;

Estate Controller since 1 May 2019; and

Senior Provisioning Administration Officer since 1 May 2019. All 3 (three) posts have been advertised and are in the process of being filled.

2. The Master, Johannesburg had a biometric system in place to clock working hours, however the system has not been operational for the past 3 years due to the fact that when it was installed, it was running on the network and the office was advised by the Department’s IT division to remove it from the network system as it was affecting the network speed.

For the system to operate functionally, it is necessary to install a separate CPU. This is however costly and budget constraints do now allow for it in the current financial environment. The office has started the process of procuring a new system which will be able to carry the office capacity and it budget allows, it will be installed in the 2020/2021 financial year.

3. The daily working hours for the office of the Master of the High Court Johannesburg is 07h45 to 16h15. However, the office assists members of the public until 13h00 in order for the office to attend to processing clients who are still waiting to be attended to, and to allow the office to perform other administrative duties such as attending to new correspondence, filing, drawing of posts and the examination of liquidation and distribution accounts. These activities cannot be attended to during the day and during the time officials have to attend to the clients or members of the public.

However, no client is sent away if urgent assistance is needed after 13h00.

4. The Master of the High Court Johannesburg does not keep record of the number of files that have gone lost for the past five years, nor of the dummy files opened. Each section decides how best it can dispose of the matter when a file cannot be located for a period of not less than two weeks and depending on the urgency of the matter. However, ordinarily the office does not encourage the opening of dummy files unnecessarily. The manual system of tracking files in the office has proved to be inadequate and during the period 2010/2011, the office investigated the possibility of introducing an electronic system of tracking the files, but this was costly to implement. The office has once again embarked on keeping proper manual registers.

5. There is no official in the office of the Master of the High Court, Johannesburg which has (a) faced disciplinary action for non-performance in each of the past five years and since 01 January 2019 (b) nor is there anyone who has been dismissed as a consequence thereof.

Reply:

(1) The department is processing the above-mentioned applications in terms of Section 24 of the Mineral and Petroleum Resources Development Act, 200B (Act 2B of 2002).

Sea Concessions Ba and 9a are the Converted Mining Rights that were issued in terms of Minerals Act 50 of 1991 and were converted in to new order rights in terms of MPRDA.

Sea Concessions 5a, 6a and ?a were issued in terms of the Minerals Act, and the company applied for conversion in terms of the Transitional arrangements of the MPRDA.

Sea Concessions Sa and 9a were granted in terms of section 23(1 )(a)-(f).

(2) The Department rely on the provisions of the MPRDA to process all Applications

 

DOG: Minerals Regulation

Adv S Malebe
Date: 07/10/2019

Recommended

Advocate T Mokoena
Director General: Department of Mineral Resources
15/10/2019

Approved

Mr SG Mantashe
Minister of Mineral Resources
Date submitted: 15/10/2019

Reply:

1. A process to consider qualifying offenders for possible placement on parole in line with the Phaahla judgement was initiated in June 2019. Offenders who qualify are identified and prepared for consideration ensuring that their consideration date is advanced according to different categories of sentences.

The policy provides that all offenders are subjected to the necessary interventions and rehabilitation programmes in line with their Correctional Sentence Plan (CSP). Qualifying offenders will be considered when they become due for consideration for placement, as not all of them qualify immediately and at the same time.

2. It must be noted that the judgement does not state as indicated in paragraph (1) of the question, in fact the judgement says the parole regime applicable at the time of commissioning the offence shall be applicable to determine when an offender shall become eligible for the first time to be considered for placement on parole. The process of amending section 136 (1) of the Correctional Services Act of 111 of 1998 has been initiated and the department will do its utmost to comply with deadline.

Reply:

(I) The Department of Mineral Resources and Energy is the competent authority to deal with environmental compliance and enforcement as per the Provisions of the National Environmental Management Act (Act 107 of 1998) as amended.

This applies throughout the different phases of mining.
(2) (a)(i)(aa) 2017-18

(bb) 2018 -19

(ii) Since April 2019

295 Notices and 13 Directives

385 Notices and 08 Directives

43 Notices and 23 Directives

(b) (Notices 31 L)ln most cases, the right holders have not revised their Financial Provision annually as per the regulations, and in some cases where they have not paid the determined shot fall in the Financial Provision. In cases of section 28 Directives, Right holders who were found to have potentially cost significant Environmental pollution and Degradation.

(c) Holders were issued with instruction in terms of section 31 L of NEMA to make representation and further to revise and pay Financial Provision to address the shot fall. Where potential Pollution/Degradation was identified, the holder will be directed to submit a plan to prevent or minimise future Pollution/Degradation.

(d)(i)(ii)Holders have since addressed the infringements and in some cases they have made arrangements to gradually address the infringements. The Department continues to monitor and enforce the level of compliance and where necessary take appropriate steps.

Department continues to monitor and enforce the level of compliance and where necessary take appropriate steps.

ACT DDG: Minereal Regulation
Ms M Malapane
Date: 07//10/2019

Recommended

Advocate T Mokoena
Director General: Department of Mineral Resources
04//10/2019

Approved

Mr SG Mantashe
Minister of Mineral Resources
Date: Submitted: 15/10/2019
 

Reply:

As of the 261h June 2019

(a) (i) 81 miners lost their lives in the Republic of South Africa in 2018.

(ii) 2448 miners were injured in the Republic of South Africa in 2018

Find here: DEPARTMENT OF MINERAL RESOUCES Accident report Mines from 2018/01/01 to 2018/12/31

Reply:

The Department of of Justice and Constitutional Development (DoJ&CD) has informed me as follows:

1. The DoJ&CD did not host any event/function during its 2019 Budget Vote debate. However, it only arranged a holding area to accommodate guests who arrived before the tabling of the Budget Vote.

(a) The holding area was arranged within the Parliament Precinct (Palm Court, Marks Building Restaurant)

(b) The total cost of refreshments for the holding area was R4 400.00

(c) The guest list with names of invited stakeholders is attached as Annexure A, on this regards not all the guest on the list attended.

2. There were no gifts distributed to the guests.

3. The Department of Correctional Services did not host any event in relation to 2019 Budget Vote Debate.

Reply:

1. The Department of Correctional Services offers access to Technical Vocational Education and Training (TVET) College Programmes in partnership with Department of Higher Education and Training (DHET), and receives funding from various Sector Education and Training Authorities (SETAs) , e.g. SASSETA and the National Skills Fund (NSF) to address training needs of offenders.

DCS is currently having the following accredited training centres for offenders in the following Regions:

ACCREDITED: OFFENDER TRAINING FACILITIES AND WORKPLACES
Region	Management Area/ Correctional Centre	Name of accredited Programme	Date of accreditation	Name of SETA
Gauteng Gauteng	Boksburg Steel Workshop	Welding Application and Practice	15/01/2015	Manufacturing, Engineering and Related Services Sector Education and Training Authority (MERSETA)
	Boksburg Wood Workshop	Furniture Making: Wood	15/01/2015	Fibre Processing & Manufacturing SETA (FP&M SETA)
	Kgoši Mampuru II	Welding Application and Practice	26/10/2016	MERSETA
		Automotive Repair and Maintenance	15/01/2015	MERSETA
		Furniture Making: Wood	11/04/2018	FP&M SETA
Free State/ Northern Cape	Tswelopele Motor Mechanic Workshop	Automotive Repair and Maintenance	10/12/2015	MERSETA
Kwa-Zulu Natal	Durban Westville Textile Workshop	Textile	05/05/2016	FP&M SETA
	Pietermaritzburg	Welding Application and Practice	14/06/2017	MERSETA

(2) Yes, the Department is in the process of increasing the number of accredited offender training Centres.

(3) The decision to make a statement will be made by the Honourable Minister.

Reply:

(1) A draft amendment of the section 136(1) of the Correctional Services Act 1998 (Act No. 111 of 1998) has been initiated. Thereafter, the due process of legislative amendment will be complied within the 24 months time-frame set by the Constitutional Court. A process to identify eligible offenders has also been initiated.

(2) (a) and (b)

Yes, the Department has considered the implications of the judgment. An action plan to implement the judgment has been developed. An audit of the implications on offenders affected by the judgement has been conducted and preliminary findings indicate that:

i) Minimum detention periods of lifers and offenders serving fixed sentences to be reviewed,

ii) Offenders who are eligible to benefit from the judgment should be subjected to relevant rehabilitation and correctional programmes and considered as and when they become due or reached their minimum detention period.

Reply:

1. Yes, the Department of Correctional Services is aware of labour related dispute between the Contractor and its employees.

The department signed a Public Private Partnership agreement with the Contractor South African Custodial Services (“the Contractor”) on 11 August 2000 to design, construct, operate, maintain and finance of a prison for 3024 bed spaces at Makhado (Louis Trichardt). The Contractor, South African Custodial Services commenced with operations on 16 February 2002 and the agreement will end on 15 February 2027.

In order to resolve the plight of the workers of SA Custodial Management and Kensani Corrections Management, a legal opinion was sought on 15 June 2015 from the departmental Legal Services. In brief, the legal opined that the remuneration of Contractor’s employees must be in line with the Concession Agreement entered into between the parties.

On 15 July 2015, the department further conducted an audit report on the remuneration and conditions of employment at the institution.

Amongst others, the recommendations of the audit report to the Contractor included:

1. Development and approval of remuneration framework for all occupation categories;
2. Use of correct translation keys into occupational specific dispensation; and
3. Consistency in determining and paying remuneration.

2. As a result of failure by the Contractor to implement the recommendations of the audit report, the Union for Police, Security and Corrections Organisation on behalf of employees of the Contractor took the pension fund dispute to court. The notice of set down date is not yet confirmed.

3. Not applicable.

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The Minister of Public Works and Infrastructure:

1. (aa) (i) (a) 218 Members of Parliament.

(b) 274 Sessional Officials.

(c) 2 Departmental Officials were performing standby duties.

(d) 4 Assistants to Members of Parliament with disabilities.

1. (ii) (a) 56 Members of Parliament.

(b) 6 Sessional Officials.

(c) 2 Departmental Officials were performing standby duties.

(d) None.

(aa) (iii) (a) 69 Members of Parliament.

(b) 35 Sessional Officials.

(c) 2 Departmental officials performing standby duties.

(d) None.

(bb) (i) (a) 226 Members of Parliament.

(b) 259 Sessional Officials.

(c) 1 Departmental Officials performing standby duties

(d) 4 Assistants to Members of Parliament with disabilities and 2 Parliament Staff.

1. (ii) (a) 56 Members of Parliament.

(b) 6 Sessional Officials.

(c) 2 Departmental Official performing standby duties.

(d) None.

(bb) (iii) (a) 71 Members of Parliament.

(b) 35 Sessional Officials.

(c) 1 Departmental Official was performing standby duties.

(d) None.

(i) Acacia Park:

Has 337 housing units, 155 apartments and facility buildings comprising a primary school, crèche, soccer/rugby field, 3 recreational halls, tennis court, swimming pool and a gym facility.

(ii) Laboria Park:

Has 64 housing units and facility buildings comprising a recreational hall with a gym facility, tennis court and swimming pool.

(iii) Pelican Park:

Has 107 housing units and facility building comprising a recreational hall with a gym facility, tennis court and swimming pool.

Reply:

It is important to highlight that in order to expedite the pace of transformation and address non-compliance with the requirements of the Employment Equity Act (EEA), there are proposed amendments in the EE Amendment Bill, 2019, which include progressive measures that will be undertaken by Government to address non-compliance. The EE Amendment Bill will be tabled in Parliament for deliberation probably before the end of this year.

Noteworthy is that, the primary objectives of these amendments are two-fold:

(i) to empower myself as the Minister of Employment and Labour to regulate sector specific numerical EE targets, which must be complied with in order to accelerate transformation in various economic sectors because the current self-regulated EE targets did not yield positive results over the 21 years of the EEA; and

(ii) to enable the promulgation of Section 53 of the EEA that deals with the issuing of an EE Certificate of Compliance as a prerequisite for accessing State Contracts and to do business with the State.

This is a punitive measure to all those organisations that are non-compliant to stop them from continuing to reap financial benefits in doing business with the State.

Noteworthy is that, even those non-compliant organisations that do not necessary depend on State Contracts for their business, will still have to face consequences by being referred to the Labour Court for a penalty to be levied against them as per Schedule 1 of the EEA.

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The Minister of Public Works and Infrastructure:

1. No lease agreement was entered into with SAPS for the occupation of Telkom Towers
2. (a) In the absence of the lease agreement there is no specific amount.

(b) In order to respond to the immediate upgrade requirements for the Telkom Towers (North Building) and Annex buildings, the Development Bank of Southern Africa (DBSA) has been appointed as the implementation agency. The Department has informed me that the date for practical completion is anticipated to be in April 2020.

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

No, Honourable Member, there is no intention of reviewing the labour legislation that provides for equal pay for work of equal value. The rationale not to review is informed by the fact that the current provisions of equal pay for work of equal value in Sections 6(4) and 6(5) of the Employment Equity Amendment Act, 2013, read with the Employment Equity Regulations, 2014 already protect all employees against unfair discrimination in relation to pay and benefits.

In fact, all employers are prohibited to unfairly discriminate directly or indirectly on one or more of the prohibited grounds listed under Section 6(1) of the EEA against any employee in relation to terms of conditions of employment, inclusive of pay; between employees of the same employer performing the same work or substantially the same work or work of equal value.

These provisions protect the rights of all employees against unfair discrimination in pay and benefits irrespective of their employment status or work arrangements. Irrespective of whether an employee is temporary for a period of less than 3 months, or an employee works more than 3 months on a fixed term contract, the principle of equal pay for work of equal value must be applied fairly without any prejudice or unfair discrimination.

It is important to highlight that all disputes of equal pay for work of equal value must be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) or to the Labour Court in terms of Section 10 of the Employment Equity Act.

Reply:

The Minister of Public Works and Infrastructure

(1) ECSA has informed me that it is committed to fulfil its mandate to efficiently regulate the conduct of registered persons and the engineering profession to ensure public safety. The Council for the Built Environment (CBE) has the statutory mandate to ensure consistent application of policy by the councils for the built environment professions (CBEP) with regard to, among other things, handling of matters for investigation of matters by the professional councils.

(a) With regard to the ordering of trains that are too tall by the Passenger Rail Agency of South Africa (PRASA), ECSA informed me that it did not conduct an investigation into the matter as it has not been referred to ECSA for investigation and also it is not yet confirmed if this matter falls within ECSA’s mandate.

(b) With regard to the collapse of the bridge on the M1 highway in Gauteng, ECSA informed me as Minister that it conducted a preliminary investigation, but currently ECSA is awaiting the outcome of the official investigation conducted by the Department of Employment and Labour before finalising its investigation.

(c) With regard to the collapse of the Tongaat Mall, ECSA informed me that it conducted a preliminary investigation, but currently ECSA is awaiting the outcome of the official investigation conducted by the Department of Employment and Labour before finalising its investigation.

(d) With regard to the delay in the completion of Eskom’s Medupi and Kusile power stations that are running 10 years behind schedule, ECSA informed me that this matter has not been referred to ECSA for investigation and it is uncertain if this falls under the mandate of ECSA.

(2) ECSA informed me that the process which it currently follows in assessing applications of prospective applicants is based on Council approved policies and standards which are substantially equivalent to policies and standards applied across the globe by countries that are members of the International Engineering Alliance (IEA). The periodic reviews of ECSA by IEA have revealed that ECSA’s systems and processes are fair, ethical and transparent. Above all the policies, standards and processes are the outcomes of the industry consultation process through established structures such as Working Groups overseen by Council Committees, which are composed of industry stakeholders and experts. ECSA has introduced and is currently applying a registration model that makes it improbable for gatekeeping to creep in, as assessments are conducted by assessors who operate independently and who do not have to have access and even know which other assessors have been allocated applications to assess against the approved 11 competency outcomes. The assessment process is multi-layered and applicants are also given the opportunity to appeal should they feel that their applications were dealt with unfairly.

(3) Peer review has been determined by the engineering profession/community both locally through industry stakeholder consultation processes and internationally through different countries forming part of the IEA Competency Agreements, as the best mechanism for the determination of engineering competencies. This is based on the premise that it is only qualified, experienced engineers and Communities of Engineering Expert Practitioners that are best suited to understand competency requirements for engineers within the parameters of the Council approved registration policies. The fact that South African engineering qualifications are seen as been on par with world standards is a testament that the Peer Review mechanism, among other things, is the best way to conduct the engineering competency assessments.

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The Minister of Public Works and Infrastructure:

(1)

(a) Fourth Parliament	(b) Fifth Parliament
(i) The total cost incurred by government for all three parliamentary villages during the Fourth Parliament, in terms of transport, is R38 570 345.	(i) The total cost incurred by government for all three parliamentary villages during the Fifth Parliament, in terms of transport, is R35 997 143.
(ii)The total cost in terms of the Municipal Services and Rates of the three parliamentary villages during the Fourth Parliament amounts, as follows: Laboria Park R7 875 171.81 Pelican Park R6 470 925.33 Acacia Park R12 836 995.19	(ii)The total cost in terms of the Municipal Services and Rates of the three parliamentary villages during the Fifth Parliament amounts, as follows: Laboria Park R12 185 225.49 Pelican Park R22 328 442.08 Acacia Park R50 959 085.40
(iii) The parliamentary villages are managed by the Department of Public Works and Infrastructure through officials who are employed fulltime and render the required services – the cost relating to the employment of the said officials during the Fourth Parliament amounted to R8 053 472.75.	(iii) The parliamentary villages are managed by the Department of Public Works and Infrastructure through officials who are employed fulltime and render the required services – the cost relating to the employment of the said officials during the Fifth Parliament amounted R13 102 467.25.
(iv) None	(iv) The total cost incurred to construct the new access buildings at the three parliamentary villages amounted to R35 550 947.07
(v) The total cost in terms of the maintenance of the three parliamentary villages amounted to R300 000 000.00	(v) The total cost in terms of the maintenance of the three parliamentary villages during the Fifth Parliament amounts, as follows: Acacia Park      R113,718,148.37 Laboria Park     R21,119,084.70 Pelican Park     R27,617,264.60
(vi) R6 422 237.00	(vi) R30 981 445.00.
(vii) Refer to (iii) above.	(vii) Refer to (iii) above.
(viii) No other expenses.	(viii) No other expenses.

(2) The responsibility of the Department of Public Works and Infrastructure is to provide accommodation to Government Departments and Members of Parliament, amongst others, in terms of its mandate. Any request for allowances to public office bearers must be made to the Independent Commission for Remuneration of Public Office Bearers.

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

(a) Section 11 of the Defence Act, 2002 (Act No 42 of 2002), read with section 52(1) of the Act, makes provision for a uniformed member of the South African National Defence Force (SANDF) to serve in the regular force after reaching the statutory retirement age of 60 years for a period up to the age of 65 years on a contract. On 1 June 2016, the President extended the term of service of General Shoke for a period of 5 years.

(b) A regular force member.

(c) 31 May 2021

(d) Section 202(1) of the Constitution provides as follows: “The President as head of the national executive is Commander-in-Chief of the defence force, and must appoint the Military Command of the defence force”. Section 13(1) of the Defence Act, 2002 (Act No 42 of 2002), provides that the President must appoint the Chief of the South African National Defence Force (CSANDF).

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The Minister of Public Works and Infrastructure:

1. The total square meterage of the Acacia Park Parliamentary Village is 28,2853 hectares.
2. Acacia Park is currently used by members of Parliament and Sessional officials.

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

Reply:

1. The filling of the vacant position of the Executive Director for Independent Police Investigative Directorate was advertised externally and the process is underway. The filling of the vacancy will be on or before the end of November 2019.

2. After all the parliamentary process has been finalized, he will issue a statement in this regard

GENERAL BH CELE MP
MINISTER OF PLICE
Date: 11/10/2019