Questions and Replies

Filter by year

22 May 2017 - NW815

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

With reference to the official statement, titled Finance Investment Roadshow, issued by The Presidency on 27 March 2017, what are the detailed reasons that he cancelled the National Treasury’s non-deal international investor roadshow headed by the Minister of Finance, Mr P J Gordhan, which was scheduled to take place between 27 March 2017 and 31 March 2017?

Reply:

There are two separate cases currently pending in the Gauteng High Court and the Constitutional Court respectively. The issues to be considered by the Courts, amongst others, relate to Mr Gordhan in his capacity as the former Minister of Finance. It will therefore be inappropriate to comment on the question asked while these matters are before the Courts.

22 May 2017 - NW802

Profile picture: Waters, Mr M

Waters, Mr M to ask the President of the Republic

Whether the Minister of Social Development, Ms Bathabile Dlamini, either in her current position or in her previous position as Deputy Minister of Social Development ever applied through the Executive Members Ethics Act, Act 82 of 1998, for permission to retain any gifts; if so, (a) on which dates did the Minister apply for such permission, (b) what was the nature of the gift, (c) what was the value of the gift, (d) what is the name of each person who gave the gifts, (e) which company did each person who provided the gift work for at the time and (f) was permission granted in each case?

Reply:

Date Applied for permission

Nature of Gift

Value of a gift

Name of Organisation offered the gift

Name of the person offered the gift

Permission Granted

22/01/2010

Leather/Crome Magazine Stand

Not Specified

Not specified

Not specified

Permission granted

26/01/2011

1 X Jewellery Box and Clash Bag

R2 400.00

Dimension Data

Not specified

Permission granted

11/11/2011

1 X Painting Art Works

1 X Xhosa Traditional Attire

R15 000.00

R1 500.00

John Adams Artists in Port Elizabeth

Community Development Association Steering Committee

Not specified

Not specified

Permission granted

Permission granted

25/04/2013

1 X iPhone5 Cell phone

R9 499.00

CellC

Mr Knott Craig

Permission granted

18/06/2015

6 X Bottles of Red Wine

1 X Isichumo

R120.00 each

R2 500.00

His Majesty King Goodwill Zwelithini

His Majesty King Goodwill Zwelithini

 

Permission granted

Permission granted

14/12/2016

1 X 3 year old Bonsmara Bull

R60 000.00

G T Molefe Farming in Harrismith

Not specified

Permission granted

22 May 2017 - NW971

Profile picture: America, Mr D

America, Mr D to ask the President of the Republic

(1)Has he formally determined the (a) remuneration and (b) service conditions of commissioners of the Public Service Commission, including that of the Chairperson and Deputy Chairperson, in line with the Public Service Commission Act, Act 46 of 1997, as amended; if not, (i) why not and (ii) by when will he do so; if so, (2) are the (a) remunerations and (b) service conditions linked to other positions in the Public Service to allow for annual revisions; if not, why not; if so, what are the relevant details; (3) whether commissioners qualify for any additional benefits, such as medical aid support, pension benefits and housing allowances; if not, why not; if so, what are the relevant details?

Reply:

1. The Conditions of Appointment are derived from or are linked to the salaries and conditions of service which apply to comparable (identified) Senior Management positions in the Public Service. Due to this link, I will be able to issue the 2017 Annual Determination once the cost of living adjustment for Members of the Senior Management Service for 2017 has been determined by the Minister for Public Service and Administration, after consultation with the Minister of Finance.

2. The Conditions of Appointment, inclusive of remuneration and conditions of service, applicable to members of the Public Service Commission are derived from or are linked to the salaries and conditions of service which apply to comparable (identified) Senior Management positions in the Public Service. The conditions of service of Senior Managers in the Public Service are determined by the Minister for the Public Service and Administration. Despite the linking of the salary dispensation of Members of the Public Service Commission with the Senior Management Service, the salary progression measures (notch increases) introduced for the SMS in 2002 for implementation with effect from 1 April 2003 were not extended to Commissioners.

(3) The Conditions of Appointment applicable to Members of the Public Service Commission provide for an Inclusive Flexible Remuneration Package for members of the Public Service Commission. This package consists of the basic salary (70% of the package), the State’s contribution to the Government Employees Pension Fund (13% of the pensionable salary) and a flexible portion. The flexible portion can be used for a motor car allowance, 13th cheque, medical assistance, housing allowance or non-pensionable cash allowance. It should however be noted that the total amount structured for these benefits must equal the amount available in the flexible portion of the Member’s package.

22 May 2017 - NW545

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

Has he nominated the former Minister of Finance, Mr Nhlanhla Nene, for any position at the New Development Bank, in line with his public commitment to do so in December 2015; if not, why not; if so, (a) on which date did he nominate the specified person, (b) for which position at the New Development Bank and (c) what progress has been made to date to appoint the person in the specified position?

Reply:

I have on several occasions, including in a reply to a written Parliamentary Question (No. 347), publicly stated that South Africa indeed nominated Mr Nhlanhla Nene for the position of Head of the African Regional Centre of the New Development Bank, also known as the BRICS Bank. No further action is being taken in this regard as Mr Nene subsequently accepted a position in the private sector.

22 May 2017 - NW947

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

(1)Whether the Government has concluded an agreement for the development of nuclear plants with representatives of (a) the Russian government and (b) any Russian company subsequent to the removal of Mr Pravin Gordhan as the Minister of Finance; if so, in each case, (i) on what date was the agreement concluded and (ii) by whom; (2) have any agreements been concluded regarding the (a) project management and/or (b) construction of the specified nuclear power plants; if so, in each case, (i) with whom and (ii) at what cost?

Reply:

1. (a) No

    (b) No

2. (a) & (b): Over the years, before the removal of the former Minister of Finance Mr Pravin Gordhan from office, the Department of Energy has been undertaking the preparations for the rollout of the Nuclear New Build Programme (NNPB). As part of these preparations, the Government has entered into Intergovernmental Agreements (IGAs) with nuclear vendor countries. These IGAs cover a broad range of areas for potential cooperation. Amongst others, the IGAs cover the use of nuclear energy for electricity generation including the design, construction, operation and decommissioning of nuclear power plants in South Africa.

It should however be noted that the Western Cape High Court has recently reviewed and set aside the decision of the Minister of Energy of 10 June 2015 to table some of these Intergovernmental Agreements before Parliament in terms of Section 231(3) of the Constitution.

(i) South Korea, USA, China, France and Russia.

(ii) The IGAs have no financial implications attached to any of them because they are cooperation agreements.

22 May 2017 - NW870

Profile picture: Dreyer, Ms AM

Dreyer, Ms AM to ask the President of the Republic

(1)(a) How many times has the Inter-Ministerial Committee on Comprehensive Social Security (IMC) met since its establishment in 2016, (b)(i) where and (ii) on what date was each meeting held and (c) what was on the agenda of each meeting; (2) which (a) Ministers serve on the IMC and (b) Minister is responsible for calling the meetings of the IMC?

Reply:

1. I established the IMC on Comprehensive Social Security in 2015 consisting of five Ministers (the first five Ministers listed under 2a below). Early this year, I took a decision to reconstitute this IMC to include other Ministers (as listed below).

 (a) Twice.

 (b) (i) & (ii) 9 September 2015 in Cape Town and 12 May 2017 in Pretoria.

 (c) The main agenda of the IMC is to address existing policy gaps by developing a responsive social protection system for South Africa as envisaged in Chapter 11 of the National Development Plan (Vision 2030). The IMC’s agenda also entails taking forward the Social Security Reform Discussion Paper.

2. (a) The following nine Ministers are Members of the IMC:

  • Minister of Social Development
  • Minister of Finance
  • Minister of Labour
  • Minister of Health
  • Minister of Transport
  • Minister of Home Affairs
  • Minister of Telecommunications and Postal Services
  • Minister of Communications
  • Minister of State Security

 (b) The IMC was previously co-chaired by the Ministers of Finance and Social Development. However since its reconstitution, I am the Chairperson of the IMC.

22 May 2017 - NW1075

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

Whether an intelligence report played any role in informing his decision to reshuffle the Cabinet on 31 March 2017; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The status of the so called intelligence report is a subject of litigation in Court proceedings, in which the Democratic Alliance is a party. I therefore cannot comment on the matter.

 

22 May 2017 - NW339

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

With reference to his reply to oral question 4 on 17 March 2016, wherein he stated that he is intervening and dealing with the relationship between the Minister of Finance, Mr Pravin Gordhan, and the Commissioner of the SA Revenue Services, Mr Tom Moyane, at the presidential level (details furnished), (a) what are the details of the action he has taken at the presidential level and (b) why has his intervention at presidential level not resolved anything?

Reply:

Mr PJ Gordhan is no longer the Minister of Finance.

The Minister of Finance, Mr Malusi Gigaba and the SARS Commissioner, Mr Tom Moyane, have a good working relationship. There is no longer a need for mediation.

22 May 2017 - NW394

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

(1)Whether he (a) has taken or (b) will be taking any action to deal with the request by the Commissioner of the SA Revenue Service, Mr Tom Moyane, contained in a statement on or about 24 February 2017, to intervene in the strained relationship between the Minister of Finance, Mr P J Gordhan, and the Commissioner; if not, why has he not or will he not be taking any action in respect of the Commissioner’s request; if so, what action has he taken or will he be taking in respect of the Commissioner’s request; (2) whether he has found that the decision by the Commissioner to convene a press conference to make a statement about his strained relationship with the Minister was in the best interest of the SA Revenue Service; if not, why not; if so, why

Reply:

1. Mr PJ Gordhan is no longer the Minister of Finance.

The Minister of Finance, Mr Malusi Gigaba and the SARS Commissioner, Mr Tom Moyane, have a good working relationship. There is no longer a need for mediation.

2. In light of the response under (1), this question is no longer relevant.

22 May 2017 - NW422

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

Does he intend to take any action against the (a) Minister of Justice and Correctional Services and (b) Minister of International Relations and Cooperation, following the court finding that Government’s decision to withdraw from the International Criminal Court was unlawful and unconstitutional; if not, in each case, why not; if so, what are the relevant details in each case?

Reply:

No. The two Ministers represented the National Executive in these proceedings. As the Honourable Member clearly points out in his question, this was a Government decision, based on legal advice from highly competent lawyers.

22 May 2017 - NW423

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

What were the reasons for employing the SA National Defence Force to assist the SA Police Service with maintaining law and order in and around the Parliamentary precinct on the occasion of the State of the Nation Address on 9 February 2017?

Reply:

The Honourable Member will recall that the DA approached the Cape Town High Court on this matter. I am therefore not in a position to comment further on it. The Court must be given an opportunity to deal with the matter.

22 May 2017 - NW480

Profile picture: Madisha, Mr WM

Madisha, Mr WM to ask the President of the Republic

How does he explain the rationale behind his decision to relieve three eminent and respected black advocates (names furnished) from their duties at the Judicial Services Commission?

Reply:

I am empowered by Section 178(1) (j) of the Constitution of the Republic of South Africa, 1996, (the Constitution) as Head of the National Executive to designate four persons to serve on the Judicial Service Commission (JSC), after consulting the leaders of all the parties in the National Assembly.

Members of the JSC that I have designated serve until I replace them in terms of Section 178(3) of the Constitution. The three members served in that capacity since 2009 and I decided to replace them to enable others a chance to also serve on the JSC. I would also like to once more express my gratitude to the three members for the immeasurable contribution they have made during their tenure.

22 May 2017 - NW546

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

Did he pay Fringe Benefits Tax on the non-security related upgrades at his private homestead in Nkandla; if not, why not; if so, (a) on what date did he pay the specified taxes and (b) how much tax did he pay?

Reply:

The issue of Tax is a confidential matter between the South African Revenue Services and the Tax payer.

10 May 2017 - NW953

Profile picture: Malema, Mr J

Malema, Mr J to ask the President of the Republic

(1)Whether he is aware of any (a) renovations, (b) security upgrades and/or (c) infrastructure-related works that are being carried out at his private residence in Nkandla by the relevant government departments; if not, (2) whether he inquired from the relevant Minister after it was revealed in the Sunday papers that such work was being undertaken; if not, what is the position in this regard; if so, (3) whether he agreed with the relevant Minister(s) that the work is undertaken?

Reply:

  1. No
  2. Please refer to the attached media statement that was issued by the Ministry of Public Works on 23 April 2017.
  3. See the reply above (2).

28 March 2017 - NW252

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

(a) What further steps has he taken with regard to the commitments he made (details furnished) that (i) the Government had taken a conscious decision to clean up the Department of Public Works by eradicating and preventing irregular procurements, (ii) he had issued a proclamation authorising the Special Investigating Unit to investigate the irregularities in the procurement of goods and services with regard to Nkandla (details furnished) and (iii) criminal referrals had also been submitted to the National Prosecuting Authority and government departments, (b) what is the current status of each commitment and (c) what is causing the inordinate delays in finalising his actions with regard to the specified commitments?

Reply:

(a)(i) As part of the overall turnaround strategy of the Department of Public Works, the Department has concluded a detailed review of its business processes which resulted in extensive business process reengineering to vastly improve the Supply Chain Management (SCM), operations and procurement system. The revised SCM business process to put the Department’s SCM on a 7 year reform path began with a phase of correction of inefficiencies to stabilization (2014 – 2017) and ultimately to standardization, integration and optimization of the SCM business process (2017 – 2020). This will ensure that the Department’s SCM is fully compliant with the regulatory framework governing SCM and will also be able to meet its business requirements effectively and efficiently. The SCM reform initiatives are pursued in collaboration with National Treasury’s Chief Procurement Office. The Department was selected by the Minister of Finance as a pilot site for the implementation of general procurement reforms in the public sector.

The Department has reviewed and reissued its SCM Policy which promotes stricter governance and compliance. This policy now places the Department in good stead from a compliance perspective. The SCM policy is now reviewed annually. For every SCM activity that is performed, there is a mapped out process flow with activity checklists, templates and reports. Utilisation of the mentioned documentation now enhances compliance, thereby contributing to reducing irregular expenditure.

The organizational structure of SCM has also been reviewed and a new structure was developed to meet business requirements. The structure is geared to focus on the support of the various functional streams of the Department through the correct mix of skills sets and competencies. The new structure provides for adequate segregation of duties and thus conflicts of interest will be eliminated.

The Department’s Inspectorate and Compliance Unit is now a key role player in SCM processes prior to the award of every bid or quotation. This unit verifies that every SCM activity leading up to the recommendation of the bid has been complied with. Only upon receipt of the approved compliance checklist, will the bid be forwarded to the relevant committee for approval.

The Department has further developed a zero tolerance to deviations and issued a circular which enforces that any deviation is tabled with delegated authority and/or submitted to National Treasury.

The Department has also enforced consequence management against transgressors of SCM policies. Further, the Department has embarked on a process to restrict suppliers that have been found to have breached the SCM policy, committed fraud and/or colluded with staff or other suppliers.

The above initiatives have had a profound effect in curbing fraud and corruption, and which has reduced the element of irregular and fruitless and wasteful expenditure.

(a) (ii) Proclamation No. R. 59 of 2013 was issued by the President and published in the Gazette on 20 December 2013. The Special Investigating Unit (SIU) issued their Report on the investigation that they conducted in terms of the mentioned Proclamation on 20 August 2014. Emanating from their investigation, the SIU referred:

  • evidence that indicated that 12 officials of the Department might be guilty of misconduct to the Director-General of the Department and recommended disciplinary action against them;
  • Evidence that indicated possible criminal transgressions in respect of three former acting Directors-General to the relevant Prosecuting Authority and recommended that they be prosecuted. Evidence of an apparent false Tax Clearance Certificate submitted by one of the contactors, was also referred to the Prosecuting Authority;
  • Evidence that indicated that Tax Clearance Certificates in respect of 14 of the consultants and contractors were possibly fraudulent or invalid to the South African Revenue Service (SARS).

 

The SIU has instituted a civil claim against Minenhle Makhanya Architects CC for the damages or losses they have allegedly caused the Department to suffer.

(a)(iii) As indicated above, the SIU made criminal referrals to the relevant Prosecuting Authority.

(b) Regarding the commitments referred to in (a)(i), the status appears from the reply given above in (a)(i). Regarding the disciplinary referrals, one of the employees admitted guilt and was found guilty of misconduct, after plea bargaining. The sanction was two month’s suspension without pay and a final written warning. The disciplinary hearings of the other employees are scheduled to commence in mid-March 2017. One of the employees has since passed on. The Prosecuting Authority declined to prosecute in the matters referred to them. SARS is apparently still considering the matters referred to them.

(c) The commitment referred to in (a)(i) is work in progress. The SIU investigation has been completed. The criminal referrals have been finalised as the Prosecuting Authority declined to prosecute. The delay in finalizing the disciplinary matters was caused by several court processes whereby the media requested permission to be present at the departmental disciplinary hearings. Several appeals were lodged before the media was eventually granted permission to be present at the hearings. The implicated employees appealed that decision, but the court ruled against them at the end of 2016.

28 March 2017 - NW171

Profile picture: Lees, Mr RA

Lees, Mr RA to ask the President of the Republic

Whether he declared the fringe benefits accrued to him as a result of the State-funded upgrades to is Nkandla home to the SA Revenue Services; if not, why not, if so, what are the details of the declared benefits?

Reply:

The issue of tax is a confidential matter between the South African Revenue Services and the Tax payer.

28 March 2017 - NW198

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

(a) What has been the progress (details furnished) since he received the response on 28 November 2016 of the National Director of Public Prosecutions on his fitness to hold office and (b)(i) why and (ii) by whom is the matter being delayed?

Reply:

Having considered the submission received from the National Director of Public Prosecutions, I decided not to suspend the National Director (and his two colleagues) and also not to hold an inquiry into his fitness to hold office.

28 March 2017 - NW251

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

Whether he (a) has considered and/or (b) is considering appointing a commission of inquiry, in terms of section 84(2)(f) of the Constitution of the Republic of South Africa, 1996, to inquire into any aspect of the (i) banking and/or (ii) financial sector, if not; why not; if so, what are the relevant details?

Reply:

I am not considering appointing a commission of inquiry at the moment.

10 January 2017 - NW2635

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

Whether, with reference to his statement at the Royal Bafokeng regarding the responsibility to fight corruption (details furnished) and his recent statement in Pietermaritzburg that he knows the thieves who are stealing (details furnished), he has reported these corrupt transactions to the SA Police Service; if not, why not; if so, what are the details of the cases?

Reply:

We have instructed the Anti-Corruption Task Team to work tirelessly to root out corruption at all levels of the public services where it exists. A lot of good work has been done as reported recently by the Anti-Corruption Inter Ministerial Committee.

In some of the progress made, since April 2013 I have signed more than 27 proclamation orders which has resulted in the Special Investigating Unit recovering cash or assets to the value of R204 million and managed to have contracts to the value of R755 million cancelled. Over the past three years 32 people involved in corruption cases worth R3 billion have been convicted. 58 people involved in fraud to the value of close to R200 million were also convicted.

We are committed to do even more to defeat the scourge of corruption. We do not only talk about fighting corruption, but we are doing something about it. The few cases I have mentioned above attest to the progress we are making.

We will continue to speak out to discourage unethical behaviour and to discourage those who may be tempted. The statement was made in that spirit.

07 December 2016 - NW2588

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

(1)With reference to his replies to questions 2137 and 2138 on 11 November 2016, on which date did he reprimand the Minister of Mineral Resources, Mr M J Zwane; (2) Whether the specified Minister received a letter of reprimand; if not, (a) why not and (b) what form did the reprimand take; if so, (i) when was the specified letter sent to the Minister and (ii) why was the letter not tabled in Parliament; (3) Whether he will table the letter in Parliament; if not, why not; if so, by which date? NW3001E

Reply:

The reprimand was in the form of a letter to the Minister of Mineral Resources dated 23 September 2016. The Minister apologised for his statement.

07 December 2016 - NW2634

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

Whether, with reference to reported allegations (details furnished), he is aware of any bribe money paid by the Russians in relation to the procurement of nuclear generating capacity for the Republic of South Africa?

Reply:

The Procurement of the Nuclear New Build Programme (NNBP) has not yet started and the Request for Proposals has yet not been issued. Various organs of state involved in the Programme are currently doing preparatory work related to the procurement process, including the development of a governance and management framework for the Programme with the different roles and responsibilities being articulated.

Government is not aware of any bribe and/or money that has been paid by any prospective bidder(s) for the Nuclear New Build Programme. Government is committed to a fair and transparent procurement process for the NNBP and will act against anyone who compromises the integrity of the process by acting unlawfully or improperly. The Nuclear New Build Programme is central to the country’s long term energy plans in order to reduce greenhouse emissions, ensure security of electricity, and contribute to economic development and job creation.

17 November 2016 - NW2270

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

In light of the Public Protector’s investigation into state capture, why did he not reply to the Public Protector’s question on the Deputy Minister, Mr Mcebisi Jonas, being offered a Cabinet position during a meeting with a certain family (name furnished) at their residence in October 2015 while he replied to the same question in the National Assembly on 17 March 2016?

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

17 November 2016 - NW2508

Profile picture: Madisha, Mr WM

Madisha, Mr WM to ask the President of the Republic

(1)      In light of the findings of the Public Protector in her report dated 21 April 2010 (details furnished) and in light of the fact that he is not required to make declarations of his assets in the Parliament Register, which is published on the parliamentary website, as other members of the executive is required to do, he has, since taking office in 2009, declared any shares in any company with the Cabinet Secretary; if not, why not; if so, (a) in which company(-ies), (b) what is the (i) number of shares he is holding, (ii) nature of the shares and the (iii) value of the shares; (2) whether he has declared any directorship or partnership in any corporate body to the Cabinet Secretary since 2009; if not, why not; if so, what are the details of the company and its business activity; (3) whether he declared any retainers received to the Cabinet Secretary since 2009; if not, why not; if so, what are the relevant details of the (a) organisations, (b) type of business and (c) value of any benefit derived; (4) whether he declared any sponsorships he received to the Cabinet Secretary since 2009; if not, why not; if so, (a) what was the source and (b) value of the sponsorships?

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

17 November 2016 - NW2556

Profile picture: Madisha, Mr WM

Madisha, Mr WM to ask the President of the Republic

(1)     In light of the findings of the Public Protector in her report dated 21 April 2010 (details furnished) and in light of the fact that he is not required to make declarations of his assets in the Parliament Register, which is published on the parliamentary website, as other members of the executive is required to do, he has, since taking office in 2009, declared any gifts which include hospitality in access of R1500 to the Cabinet Secretary; if not, why not; if so, (a) what is the description of such gifts and (b) what were the source and value of the gifts; (2) whether he has declared any material advantage such as discounts and interest free loans that are not available to the general public to the Cabinet Secretary since 2009; if not, why not; if so, what are the relevant details; (3) whether he declared any land or property owned by him to the Cabinet Secretary since 2009; if not, why not; if so, what are the relevant details of the (a) property, (b) location and (c) extent; (4) whether he declared any trusts of which he is a beneficiary or a trustee to the Cabinet Secretary since 2009; if not, why not; if so, what is the (a) name of the trust and (b) details of the benefits derived?

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

17 November 2016 - NW2173

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

Whether, in light of Minister Radebe’s recent briefing on Cabinet’s decision advising the SA Broadcasting Corporation (SABC) against suspect legal interpretations, he has now met with the Minister of Communications, Ms A F Muthambi, to discuss the (a) redeployment of the former Chief Operations Officer of the SABC, Mr H Motsoeneng, to the position of Group Executive of Corporate Affairs and (b) current affairs of the SABC; if not, in each case, why not; if so, what was the (i) date and (ii) content of each such meeting?

Reply:

I regularly meet with Ministers to discuss maters pertinent to their portfolios. Cabinet, which I chair and lead, discussed the SABC matter and pronounced itself strongly on what needs to be done to bring the entity on the right path. The Minister is a member of cabinet and is aware of the discussions and is bound by them as well.

16 November 2016 - NW2503

Profile picture: Lekota, Mr M

Lekota, Mr M to ask the President of the Republic

(1)     Whether, in light of the powers vested in him by section 91 of the Constitution of the Republic of South Africa, 1996, to appoint Ministers, he took any steps in respect of Ms Vytjie Mentor informing him that she was offered a Cabinet position of Minister of Public Enterprises by the Gupta brothers in return for dropping the SA Airways route to India upon her appointment as Minister; if not, why not; if so, (2) whether he reported the matter to the SA Police Service in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004; if not, why not; if so, what are the relevant details in this regard?

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

16 November 2016 - NW1484

Profile picture: Waters, Mr M

Waters, Mr M to ask the President of the Republic

(1)     Whether he (a) enquired, (b) planned and/or (c) partook in any discussions regarding the alleged activities of security services regarding the (i) Association of Mineworkers and Construction Union and the establishment of the Workers’ Association Union and/or (ii) collection of evidence relating to the mandate of the Seriti Commission by the Special Operations Unit in Europe following the establishment of the specified commission (details furnished); if not, what is the position in this regard; if so, (aa) in which way and (bb) to what extent was he involved in this regard; (2) Whether (a) he and/or (b) The Presidency received a report from the Special Operations Unit relating to evidence to be collected pertaining to the Seriti Commission; if so, what are the relevant details?

Reply:

The matters referred to in the question are subject of litigation before the courts of law. As such, I am not in a position at this stage to reply to the question.

16 November 2016 - NW2175

Profile picture: Gqada, Ms T

Gqada, Ms T to ask the President of the Republic

(1)Whether (a) he and/or (b) his legal team held any meetings with the (i) Board and/or (ii) Chief Executive Officer of the Ingonyama Trust since 27 June 2016; if not, what is the position in this regard; if so, what were the (aa) reasons for and (bb) content of each such meeting; (2) whether (a) he and/or (b) his legal team held any meetings with the (i) Board, (ii) Chief Executive Officer and/or (iii) Chief Operating Officer of the VBS Mutual Bank since 27 June 2016; if not, what is the position in this regard; if so, what are the relevant details of each such meeting held?

Reply:

I obtained a loan from VBS Mutual Bank and met the obligation of paying R7 814 1550.00 as ordered by the Constitutional Court of South Africa, in respect of the security upgrades at my private residence in Nkandla. The banker-client relationship is governed by the private law of contract. In this regard, we should all abide by the letter of the law and not interfere with this contractual relationship as enshrined in legislation passed by our parliament.

16 November 2016 - NW2505

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

With reference to his reply to oral question 1 in the National Council of Provinces on 25 October 2016, and taking into consideration the transcripts of the question and answer session he held with the former Public Protector during her investigations in respect of the State of Capture report, (a) why did it take him seven months to respond to the questions posed by the former Public Protector and (b) why did he not answer the questions on the allegations levelled against him? (2) whether he reported the matter to the SA Police Service in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004; if not, why not; if so, what are the relevant details in this regard?

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

11 November 2016 - NW2278

Profile picture: Horn, Mr W

Horn, Mr W to ask the President of the Republic

(1)(a) Why did he not include any values in his declarations during the period 2009 to 2016, and (b) were (i) the specified declarations made to the Cabinet secretariat in each of the respective calendar years complete and (ii) there no other declarations elsewhere; (2) in light of the fact that he previously declared a certain house used by a certain person (name and details furnished) as an asset and indicated an amount of R18 000 per month as an instalment, (a) how does he reconcile the R18 000 instalment indicated in his disclosures for the specified house with the R79 715 instalment in the mortgage bond of a certain bank (name furnished), (b) why did a certain mining company (name furnished) provide security for the specified bond and (c) why was this declaration not made in recent years?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2137

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

Whether, with reference to his reply to oral question 17 on 13 September 2016, he has engaged with the Minister of Mineral Resources on the controversy surrounding the statement issued by the Minister on 1 September 2016; if not, why not; if so, what are the relevant details?

Reply:

I reprimanded the Minister of Mineral Resources for the statement.

11 November 2016 - NW2138

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

(1)Whether the statement issued by the Minister of Mineral Resources on 1 September 2016 was issued in the Minister’s personal capacity; if not, what are the relevant details; if so, why did the Minister state in a reply to written question 1892 on 22 September 2016 that he was not speaking in his personal capacity; (2) whether the specified statement reflects Cabinet’s position on the recommendations contained in the inter-ministerial committee’s report; if not, why not; if so, why did the Minister claim in a reply to written question 1892 on 22 September 2016 that four of the specified recommendations were approved by Cabinet; (3) whether any action has been taken against the specified minister for issuing the specified statement; if not, why not; if so, what are the relevant details?

Reply:

I had indicated in my previous reply that the statement issued by the Minister of Mineral Resources, Mr Mosebenzi Zwane on 1 September 2016, on the work of the task team established to consider the implications of the decisions of certain banks and audit firms to close down the accounts and withdraw audit services from the company named Oakbay Investments, was issued in his personal capacity and not on behalf of the task team or Cabinet. I am not in the position to answer why the Minister Zwane in his reply on 22 September 2016 said that he was not speaking in his personal capacity. The question in this regard must be directed to the Minister.

I reprimanded the Minister for the statement.

11 November 2016 - NW2174

Profile picture: Gqada, Ms T

Gqada, Ms T to ask the President of the Republic

(1)Whether, in pursuance of the Constitutional Court Ruling on Nkandla, he obtained a mortgage loan from the VBS Mutual Bank in order to settle the R7,8 million ordered by the court for non-security related upgrades at his private residence at Nkandla in KwaZulu-Natal; if not, what is the position in this regard; if so, (a) on what date did he secure the specified loan from the specified bank, (b) what was the amount of the loan and (c) did he obtain the loan in his name; (2) whether he will furnish Ms T Gqada with a copy of the loan; if not, why not; if so, by what date?

Reply:

I raised the amount R7 814 155.00 through a home loan obtained from VBS Mutual Bank on its standard terms. VBS Mutual Bank is one of the few financial institutions which offer home loans in respect of land owned by traditional authorities.

After paying over the amount of R7 814 155 00 to the South African Reserve Bank, I as a matter of courtesy, advised the Constitutional Court that I have paid the amount as per the order of that court. I deem such notification sufficient and compliant with both the order of court and of my constitutional obligations.

11 November 2016 - NW2268

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

(1)With reference to his reply to oral question 9 on 19 June 2013, what are the details of the nature of his relationship with a certain family (name furnished); (2) (a)(i) in which capacity and (ii) on what dates in 2015 did he visit the specified family at their residence and (b) what was the reason for each visit; (3) has any member of the family ever given (a) him and/or (b) any member of his family a gift, no matter how trivial; if so, in each case, what are the details of the gift?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2269

Profile picture: Maimane, Mr MA

Maimane, Mr MA to ask the President of the Republic

(1)With reference to section 91(2) of the Constitution of the Republic of South Africa, 1996 and in the light of the allegations by a certain person (name and details furnished) that private persons excercised these powers that were exclusively provided for him, what is his position regarding such allegations that the specified person was offered a cabinet position by a member of a certain family (name furnished) during meetings at their residence in October 2010 in return for the cancellation of an SA Airways route to India; (2) was he present at a certain residence (name furnished) when the offer was allegedly made to the person; (3) whether he held any meetings with the person between 1 October 2010 and 31 December 2010; if not, what is his position regarding claims to the contrary; if so, (a) how many meetings did the specified person request with him during the specified period, (b) how many requests resulted in a meeting being held and (c) what was the reason for each meeting not being held with the person as requested?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2271

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the President of the Republic

(1)What is the position with regard to allegations by a certain person (name and details furnished) that a certain person (name furnished) sought to influence the spending of the Government Communication and Information System in favour of The New Age newspaper during a meeting at their residence; (2) whether he called the specified person at any point in 2015 to assist certain brothers (names furnished); (3) whether he will make a statement regarding allegations that certain persons (details furnished) threatened the person’s job if the person did not accede to the family’s demands?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2272

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the President of the Republic

Whether he will make a statement with regard to the allegation that a certain person (name and details furnished) was informed by a certain family (name furnished) about the specified person’s imminent appointment to the Cabinet (details furnished) before it was announced by him; if so, what is his response?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2273

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the President of the Republic

Did he ever visit the estate of a certain family (name and details furnished) at the same time as certain other persons (names furnished) were present; if so, in each case, what was the reason for the visit?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2274

Profile picture: Breytenbach, Adv G

Breytenbach, Adv G to ask the President of the Republic

Whether, with reference to his reply to question 109 on 20 September 2016, he ever visited a certain residence (details furnished) at the same time as certain persons (names furnished) visited there; if so, in each case, what was the reason for the visit?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2275

Profile picture: Breytenbach, Adv G

Breytenbach, Adv G to ask the President of the Republic

Whether he ever visited a certain residence (details furnished) at the same time as a certain person (name furnished) visited there; if so, what was the reason for the visit?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2276

Profile picture: Breytenbach, Adv G

Breytenbach, Adv G to ask the President of the Republic

Whether, with reference to his previous declaration of the Waterkloof house as an asset, which is used by a certain person (name furnished), (a) a certain family (name furnished) and/or (b) a company linked to the family assisted the person (details furnished) in purchasing the house; if not, what is the position in this regard; if so, why did the specified family assist the specified person?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

11 November 2016 - NW2277

Profile picture: Waters, Mr M

Waters, Mr M to ask the President of the Republic

(1)Has he ever considered withdrawing from a Cabinet meeting due to a conflict of interest; if so, (a) which meeting(s) did he consider withdrawing from and (b) for what reason specifically in each case; (2) has he ever declared the (a) personal and (b) professional relationships of a certain person (name furnished) with members of a certain family (name furnished) to the Cabinet in order to mitigate a potential conflict of interest; if so, what are the relevant details?

Reply:

The questions asked form part of the subject matter of the Report into Allegations of improper and unethical conduct by the President and other state functionaries on matters relating to the removal and appointment of Ministers and Executives of State Owned Enterprises. It is clear from the remedial action to be taken that the Report is inconclusive. After the report was released, I have since indicated that I am giving consideration to the contents of the report in order to ascertain whether it should be a subject of a court challenge. I therefore cannot answer these questions as they form part of the said report.

08 November 2016 - NW1977

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

Whether he has received any petitions concerning the Financial Intelligence Centre Amendment Bill [B33B-2015] sent to him for assent; if so, for each specified petition so received, (a) who furnished him with the specified petition, (b) when was the specified petition furnished and (c) what was the purpose of the petition?

Reply:

The Presidency continues with the processing of the Financial Intelligence Centre Amendment (FICA) Bill which has been passed by Parliament and referred to me for assent and signing into law.

Yes, I have received formal objections to the signing of the Bill from the Progressive Professionals Forum and the Black Business Council. When I am petitioned not to sign a bill, I have an obligation to consider the merits of such objection focusing mainly on whether the interested parties raise valid constitutional issues.

I have also received formal correspondence in support of the Bill from Honourable Floyd Shivambu, Economic Freedom Fighters Deputy President and Chief Whip and Mr Lawson Naidoo, Executive Secretary of CASAC, the Council for the Advancement of the South African Constitution.

 

20 September 2016 - NW1806

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the President of the Republic

Whether, in the light of his statement on 2 September 2016 distancing himself from the announcement of the Minister of Mineral Resources, Mr Mosebenzi Zwane concerning the work of the task team established to consider the implications of the decision of certain banks and audit firms to close the accounts and withdraw audit services from Oakbay Investments (Pty) LTD, he will take action against the Minister; if not, why not; if so, (a) what action will he take and (b) when will such action be taken?

Reply:

The statement issued by the Minister of Mineral Resources, Mr Mosebenzi Zwane on 1 September 2016, on the work of the task team established to consider the implications of the decisions of certain banks and audit firms to close down the accounts and withdraw audit services from the company named Oakbay Investments, was issued in his personal capacity and not on behalf of the task team or Cabinet.

I reassured the public, the banking sector as well as domestic and international investors of Government’s unwavering commitment to the letter and spirit of the country’s Constitution as well as in the sound fiscal and economic fundamentals that underpin our economy.

I also informed parliament on 13 September that I was engaging Minister Zwane regarding his statement.

20 September 2016 - NW109

Profile picture: Lorimer, Mr JR

Lorimer, Mr JR to ask the President of the Republic

(1)          Did he visit the Gupta family compound in Saxonwold in Johannesburg on Sunday, 20 September 2015; if so, (a) why did he make the visit and (b) what was the nature of the discussions during the specified visit; (2) did the discussion include the subsequent reshuffling that happened in the Ministry of Mineral Resources portfolio; if so, what was the nature of the discussions regarding the appointment of the new Minister of Mineral Resources; if not, (3) is he aware of any member of his cabinet visiting the Gupta family compound on 20 September 2015; if so, who made the visit?

Reply:

The Presidency was informed by the Public Protector that she has received complaints and requests that she should investigate this matter or related allegations.  The Public Protector’s investigation is still continuing.

20 September 2016 - NW1758

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

In light of the fact that Cabinet has approved the appointment of a new South African Airways (SAA) Board of Directors with Ms Duduzile Myeni reappointed as the chairperson despite widespread objections (details furnished), did the list of candidates to be considered for appointment to the SAA Board of Directors that was submitted by the Minister of Finance to Cabinet include the name of Ms Duduzile Myeni; if not, what is the rationality behind the re-appointment of Ms Duduzile Myeni as the chairperson of the SAA Board of Directors; if so, (a) did he reject the specified list and (b) why?

Reply:

The new full-strength Board brings a wealth of skills and expertise, making them well positioned to oversee the turnaround of the airline. These skills include: finance, risk management, treasury management, investment management, project management, business strategy, marketing and business management, legal, banking, stakeholder management, communication and social development.

Ms Duduzile Myeni was appointed by Cabinet as Chairperson. The Minister of Finance has stated publicly that the appointment of Ms Myeni, for a period of only one year, is aimed at ensuring continuity at the SAA.

20 September 2016 - NW1749

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the President of the   Republic

(1)        (a) What are the legal grounds according to which the Presidential State Owned Entitities Co-ordinating Council (PSOECC) will be created under his jurisdiction, (b) what will be the jurisdiction of the PSOECC and (c) how this will be comprised; (2) whether the PSOECC wil take any steps to prevent corruption, fraud and other forms of maladministration of the operational management and acquisition processes regarding state owned entitites; if so, what are these steps?

Reply:

At this stage no finality has been reached and there are no terms of reference or any other governance structure for the Council that has been finalised.

The Inter-Ministerial Committee chaired by Deputy President Ramaphosa remains responsible for overseeing the stabilisation and reform of state-owned entities.

The proposal to establish the Presidential SOCs Coordinating Council is aimed at assisting to ensure improved oversight and coordination of state owned companies.

20 September 2016 - NW1173

Profile picture: Macpherson, Mr DW

Macpherson, Mr DW to ask the President of the Republic

Whether he intends to remove the Minister of Trade and Industry, Mr Rob Davis, from the portfolio of trade and industry in the next Cabinet reshuffle; if not, why not; if so, what are the relevant details?

Reply:

The appointment of members of the National Executive of Government is the prerogative of the President of the Republic. Ministers and Deputy Ministers are well aware of the fact that they serve at the pleasure of the sitting President of the Republic.

Having said that, I would caution against the spreading of rumours of this nature. The Department functions well and continues to meet its mandate under the leadership of Minister Davies.

20 September 2016 - NW1759

Profile picture: Carter, Ms D

Carter, Ms D to ask the President of the Republic

(1)Has he received representations from the Progressive Professionals Forum, in light of the fact that in May 2016 Parliament passed the Financial Intelligence Centre Amendment Bill, which is now awaiting his assent and which seeks to bring South Africa in line with the new Financial Action task Force, especially the need to enhance due diligence by banks and other financial institutions of politically exposed people when they transact through the banking system (details furnished); if so, (a) did he find substantive merit in these representations and (b) what steps will he take in this regard; (2) what is preventing him from assenting to the Bill given the rampant corruption and the international imperatives underpinning the Bill as preventative anti-laundering measures are a vital means of combatting corruption?

Reply:

I received an objection to the signing of the bill from the Progressive Professionals Forum. When I get petitioned not to sign a bill, I have to consider the merits of such objection focusing mainly on whether the interested parties raise valid constitutional issues.

It is not the first time that I have taken time to consider a bill for similar reasons. Currently, I have not signed the Expropriation Bill, the Private Security Industry Regulation Amendment Bill and the Protection of State Information Bill, because various parties petitioned me not to do so, citing concerns about their constitutionality. All these concerns are being looked into.