Questions and Replies
28 November 2019 - NW1568
Malatsi, Mr MS to ask the President of the Republic
What are the specific roles of the envoys that he has appointed in (a) 2018 and (b) 2019, including their (i) targets, (ii) annual remunerations and (iii) other benefits; (2) how are each of the envoy’s responsibilities different from those of the Cabinet Ministers in their respective portfolios?
Reply:
1. In April 2018, I appointed four Presidential Envoys on Investment – Mr Trevor Manuel, Mr Mcebisi Jonas, Ms Phumzile Langeni and Mr Jacko Maree – to engage with domestic and foreign investors on the opportunities for investment in South Africa, and to understand any impediments they experience in pursuing those opportunities.
The Envoys do not have specific targets. Instead, their activities support the investment mobilisation drive which has a stated intention of ensuring an additional R1.2 trillion of investment in South Africa over five years.
The State is only responsible for the travel and associated expenses of the Envoys in carrying out these duties.
To strengthen the work of the Investment Envoys, the President in November 2019 appointed Mr Jeff Radebe, Mr Derek Hanekom and Ms Elizabeth Thabethe as new Presidential Envoys on Investment targeting specific areas, in addition to general investment promotion. Mr Radebe will drive investment promotion in the energy sector, focusing on oil and gas, while Mr Hanekom and Ms Thabethe will both be responsible for investment mobilisation in the tourism sector.
Details relating to these recent appointments are still in the process of being finalised.
2. The Special Envoys do not have any executive responsibilities and are not members of the Government. They are deployed to convey messages about the investment climate and to generate goodwill with investors. They are not responsible for the formulation or implementation of policy nor the exercise of any administrative authority.
28 October 2019 - NW1149
Malatsi, Mr MS to ask the Minister in the Presidency
What total expenditure was incurred by Brand SA on the Right to Vote campaign on (a) television channels, (b) out-of-home platforms, (c) print publications, (d) digital platforms and (e) influencers in the (i) 2014-15, (ii) 2015-16, (iii) 2016-17, (iv) 2017-18 and (v) 2018-19 financial years?
Reply:
Brand South Africa did not incur any expenditure on the Right to Vote campaign on either of the platforms and in the identified financial years.
DRAFTER OF THE REPLY
Name: Ms Sithembile Ntombela
Designation: Chief Marketing Officer (Acting) Contacts: sithembilenG›brandsouthafrica.com
Recommended
Ms Thulisile Manzini
Chief Executive Officer (Acting)
Brand South Africa Date: 22/10/2019
Approved / not approved
Hon Jackson Mthembu, MP
Minister in the Presidency
28 October 2019 - NW1148
Malatsi, Mr MS to ask the Minister in the Presidency
What (a) number of copies of the (i) Vuk'uzenzele newspaper and (ii) Public Sector Monager magazine were published and distributed and (b} was the total cost for publishing and distributing each of the specified publications (i) in the (aa) 2014, (bb} 2015, (cc} 2016, (dd) 2017 and (ee) 2018 calender years and (ii) since 1 January 2019?
Reply:
REPLY: GOVERNMENT COMMUNICATION AND INFORMATION SYSTEM (GCIS)
28 October 2019 - NW1147
Malatsi, Mr MS to ask the Minister in the Presidency
What was the total expenditure incurred by the (a) Media Development and Diversity Agency, (b) Statistics SA and (c) Brand SA for (i) car hire, (ii) travel claims, (iii) cellphone allowances, (iv) flights and (v) hotels for board members since 1 April 2014?
Reply:
Statistics South Africa (Stats SA) is a normal government department which draws its mandate from the Statistics Act (Act 6 of 1999) and as such does not have a board of directors. In light of the above, this question is not applicable Stats SA.
DRAFTER OF THE REPLY
Name: Bheki Mathunjwa
Designation: Chief Financial Officer
Contacts: Landline: 012 310 4813 - Mobile: 082 888 2532
Recommended
Risenga Maluleke Statistician-General: Statistics South Africa
Date: 23/10/2019
Approved/Not approved
Hon Jackson Mthembu (MP)
Minister in the Presidency
Date: 24/10/2019
24 July 2019 - NW308
Macpherson, Mr DW to ask the President of the Republic
Whether he has established a task team to look into the shortcomings of the Copyright Amendment Bill [B13-2017] before assenting to it; if not, why not; if so, (a) what are the terms of reference of the task team, (b) what is the name of each person on the task team and (c) by what date is the task team expected to complete its work?
Reply:
(a) - (c) The Presidency legal team has collated all submissions, petitions and investigated areas of concern regarding the Bill. The team is currently analysing these submissions with the purpose of fully appraising the President on the Bill. As such, there is no task team established to consider the Bill.
22 July 2019 - NW229
Steenhuisen, Mr JH to ask the President of the Republic
Whether he intends to take any disciplinary action against a certain person (name furnished) for running a parallel intelligence network; if not, why not; if so, what are the relevant details?
Reply:
I am informed by the relevant authorities that the investigation of this matter is still ongoing and is led by the National Prosecuting Authority. I therefore cannot and will not pre-empt the work that is being done. As soon as I am appraised of the outcomes of these investigations, I will consider the appropriate steps to be taken.
22 July 2019 - NW224
Maimane, Mr MA to ask the President of the Republic
Whether the Government will utilise funds loaned from the China Development Bank in its Infrastructure Fund; if not, where will the funds be sourced from; if so, what (a) amount in funding will be loaned from the China Development Bank and (b) will be the terms and conditions of the loan?
Reply:
(a) - (b) The Infrastructure Fund is expected to utilise funds from International Finance Institutions (IFIs), including the China Development Bank (CDB), as well as other Development Finance Institutions (DFIs) and private sector institutions. Work on the design of the Infrastructure Fund is continuing, involving the National Treasury, the Development Bank of Southern Africa (DBSA) and the Presidential Infrastructure Coordinating Commission (PICC).
As indicated above, consideration will be given to source funding from number of IFIs, DFIs and private sector institutions.
Government has committed R100 billion to the fund over ten years as a subsidy to leverage both private sector and development finance funding for well planned projects. This seed capital will be funded through reprioritisation or additional borrowing but may also include guarantees. There is R5 billion in the existing Medium-Term Expenditure Framework for this purpose. Adequate processes to enable borrowing on a competitive basis from multilateral institutions (such as World Bank, New Development Bank, Chinese Development Bank) already exist. The intention will be to access technical assistance that comes with concessional loans both for purely social infrastructure and for blended finance projects with social and economic elements.
The decision on the funding mix, and terms and conditions of the loan will be determined by several factors. Therefore, it would be premature to indicate what the loan amount would be and the terms and conditions of the loan.
22 July 2019 - NW225
Maimane, Mr MA to ask the President of the Republic
Whether, with reference to his reply to the State of the Nation Address on 26 June 2019, he intends to deploy members of the SA National Defence Force to assist members of the SA Police Service in gang-ridden areas; if not, why not; if so, what are the relevant details?
Reply:
In a letter dated 17 July 2019, I informed both the Speaker of the National Assembly and the Chairperson of the National Council of Provinces that I have deployed 1,320 members of the South African National Defence Force for service in cooperation with the South African Police Service for the prevention and combating of crime, maintenance and preservation of law and order where needed in the Western Cape Province.
The deployment was authorised in terms of section 201(2)(a) of the Constitution of the Republic of South Africa, 1996.
This deployment is for the period 18 July 2019 to 16 September 2019, with a total expenditure of R23 391 351.00.
22 July 2019 - NW230
Steenhuisen, Mr JH to ask the President of the Republic
Whether he has signed performance agreements with each Member of the Executive; if not, (a) why not and (b) which Members of the Executive still need to sign performance agreements; if so, what are the relevant details?
Reply:
(a) - (b) As I have said in the State of the Nation Address, I will be signing performance agreements with Ministers and Deputy Ministers who will be delegated clear and meaningful programmes to lead.
We expect to finalise these performance agreements by September 2019 when the Medium Term Strategic Framework, with clear deliverables for each department, is approved by Cabinet.
03 July 2019 - NW29
Cardo, Dr MJ to ask the President of the Republic
(1)(a) Which Members of the Executive accompanied him to the 108th Session of the International Labour Organisation Conference which was held in Geneva, Switzerland, from 10 to 21 June 2019, (b) what number of officials accompanied (i) him and (ii) each specified Member of the Executive and (c) what number of days did his delegation stay in Geneva; (2) whether any spouses of any Members of the Executive and/or officials accompanied the delegation; if so, what are the relevant details in each case; (3) what was the (a) total cost and (b) detailed breakdown of the costs incurred in terms of accommodation, flights and daily allowances for each person that formed part of the delegation? NW986E
Reply:
1. (a) The Minister of Employment and Labour accompanied the President.
(b) (i) The President was accompanied by seven officials. (ii). This information can be obtained by the Honourable Member directly from the Ministry of Employment and Labour.
(c) Six of the seven officials were in Geneva for one day, while the seventh official, who advanced, was in Geneva for five days.
2. The Minister did not travel with a spouse. None of the officials that formed part of the President’s delegation travelled with a spouse.
3. (a) The total cost incurred for the President’s delegation is approximately R133 200.
(b) The breakdown of the costs incurred for the seven officials that accompanied the President are: accommodation – R66 500; return flights for one official – R35 300 (the other six officials travelled with the President and the flight costs were paid for as part of the mandate of the South African National Defence Force); and daily allowances for all seven officials – R31 400.
01 April 2019 - NW667
Carter, Ms D to ask the President of the Republic
Whether he intends to reprimand the Minister of Police as directed by the Public Protector for failing to ensure that protection was provided to two whistle-blowers in KwaZulu-Natal who were in danger of assassination; if not, why not; if so, what has delayed him to take action in the matter?
Reply:
The Minister of Police is taking the Public Protector’s report on review.
The Presidency has applied to intervene in the review application instituted by the Minister of Police to ask the court to stay the implementation of the remedial action until the review is determined.
19 March 2019 - NW424
Van Der Walt, Ms D to ask the President of the Republic
(1) (a) On what date did he receive proposed amendments to the Ministerial Handbook, (b) which sections will be amended and (c) what are the details of any financial benefits emanating from proposed amendments to the Handbook; (2) by what date will he (a) sign off on the revised Ministerial Handbook and (b) make the revised handbook public? NW487E
Reply:
(1) (a) The proposed amendments to the Ministerial Handbook were submitted to the Presidency in June 2018.
(b) The proposed amendments are, in the main, in the following areas:
(i) Staffing for offices of Ministers, Deputy Ministers, Premiers and MECs;
(ii) Provisions for Members with special needs due to disability;
(iii) Procurement of official vehicles and the use of hired vehicles;
(iv) Domestic and international travel;
(v) Provision, maintenance and furnishing of official residences; and,
(vi) The period within which former members are required to vacate state owned residences and relinquish official motor vehicles.
(c) It is envisaged that cost savings will be achieved through the transversal contract administered by National Treasury in terms of vehicles purchased, reductions in the cost of flights and a reduction in administrative support and accommodation costs when Members travel abroad.
(2) Following discussion between the President and the Minister of Public Service and Administration, the amended Handbook has been returned to the Department of Public Service and Adminstration. The Department has been asked to ensure that the amended Handbook takes account of the work currently underway on the macro-configuration of government and the amendment of Regulation 66 of Public Service Regulations on the staff establishment for offices of the President, Deputy President, Ministers, Premiers and MECs.
19 March 2019 - NW447
Bodlani, Ms T to ask the President of the Republic
Whether he met with a group of female firefighters employed by the City of Ekurhuleni after they approached him around 23 August 2018 to highlight their grievances relating to alleged discrepancies in the payment of allowances; if not, on what date is it envisaged that the meeting will take place; if so, what (a) commitments came out of the specified meeting and (b) is the name of each woman who signed the memorandum handed over to him?
Reply:
(a) I did not have a meeting with the female firefighters employed by the City of Ekurhuleni.
(b) The memorandum was received by a Presidency official on 23 August 2018. It was forwarded to the City of Ekurhuleni, which has been asked to address the concerns raised in the memorandum, working with the Department of Cooperative Governance.
Apart from the signatures, there are no names specified in the memorandum that was submitted to the Presidency.
19 March 2019 - NW477
Gardee, Mr GA to ask the President of the Republic
(1)Whether he has been informed of the alleged murder of Col Patrick Karegeya by the Rwandan government; if so, what measures and steps has the South African Government taken in response to the violation of South Africa’s sovereignty and rule of law by the Rwandan government; (2) has he discussed the matter with the Rwandan government; if so, what are the relevant details of the discussion?
Reply:
(1) Col Patrick Karegeya was found dead in his hotel room at the Michelangelo Hotel on 31 December 2013. The National Prosecuting Authority and the Hawks are handling the matter to the extent that the case was recently submitted to a Magistrate in Sandton for an inquest.
(2) The Government of South Africa and the Government of Rwanda have since 2014 engaged in discussions pursuant to the death of Col Karegeya and attempted assassination of Gen Nyamwasa. As an outcome of these discussions, the two countries agreed in June 2015 to normalise their relations. In the meetings that I have had with President Kagame, we agreed to normalise our bilateral relations, including the reactivation of the visa service at the South African High Commission in Kigali. Our respective Ministers of International Relations and Cooperation are working on the modalities.
19 March 2019 - NW478
Gardee, Mr GA to ask the President of the Republic
(1)Whether he has been informed of the alleged murder attempts on a Rwandan citizen, Mr Faustin Kayumba Nyamwasa allegedly by the Rwandan government; if so, what measures and steps has the Government taken in response to the clear violation of the Republic’s sovereignty and rule of law by the Rwandan government; (2) whether he has discussed the matter with the Rwandan government; if so, what are the relevant details of the discussion? NW542E
Reply:
(1) I am informed about the attempted assassination of General Nyamwasa. On 6 March 2014, following the attempted assassination of Gen Faustin Kayumba Nyamwasa, our Government declared three Rwandan diplomats and one Burundian diplomat persona non grata and expelled them from South Africa, for illegal activities inconsistent with their diplomatic work which was in violation of Article 41 of the Vienna Convention and Article 9 of the Diplomatic Immunities and Privileges Act. Our Government took that decision based on evidence from our security agencies pointing to the involvement of these diplomats in illegal activities.
(2) The Government of South Africa and the Government of Rwanda have since 2014 engaged in discussions pursuant to the death of Col Karegeya and attempted assassination of Gen Nyamwasa. As an outcome of these discussions, the two countries agreed in June 2015 to normalise their relations. In the meetings that I have had with President Kagame, we agreed to normalise our bilateral relations, including the reactivation of the visa service at the South African High Commission in Kigali. Our respective Ministers of International Relations and Cooperation are working on the modalities.
19 March 2019 - NW479
Gardee, Mr GA to ask the President of the Republic
(1)Whether the President of Rwanda, Mr Paul Kagame, is scheduled to visit the country in the near future; if so, why does the Government continue to maintain normal relations with the Rwandan government despite the alleged murder and attempted murder of Mr Patrick Karegeya and Mr Faustin Kayumba Nyamwasa which are a clear violation of the Republic’s sovereignty and rule of law; (2) what measures and steps will he take in his future engagements with the President of Rwanda, Mr Paul Kagame, and the Rwandan government in response to the violation of South Africa’s sovereignty and rule of law which resulted from the alleged murder and attempted murder of the specified persons allegedly by the Rwandan government? NW543E
Reply:
1. President Paul Kagame of Rwanda was one of the Heads of State and Government who attended Young Presidents’ Organisation conference in Cape Town from 6 to 7 March 2019, at the invitation of the organisers of the meeting.
Pursuant to the death of Col Karegeya who was found dead in his hotel room at Michelangelo Hotel on 31 March 2013 and the assassination attempt on the life of Gen Nyamwasa on 4 March 2014, bilateral relations between South Africa and Rwanda were severely strained.
Our Government took necessary measures by launching a police investigation on the death of Col Karegeya which is currently before an inquest. On the attempted assassination of Gen Nyamwasa, our Government declared three Rwandan diplomats and one Burundian diplomat persona non grata and expelled them from South Africa, for illegal activities inconsistent with their diplomatic work which was in violation of Article 41 of the Vienna Convention and Article 9 of the Diplomatic Immunities and Privileges Act. Our Government took that decision based on evidence from our security agencies pointing to their involvement in illegal activities.
(2) The Government of South Africa and the Government of Rwanda have since 2014 engaged in discussions pursuant to the death of Col Karegeya and attempted assassination of Gen Nyamwasa. As an outcome of these discussions, the two countries agreed in June 2015 to normalise their relations. In the meetings that I have had with President Kagame, we agreed to normalise our bilateral relations, including the reactivation of the visa service at the South African High Commission in Kigali. Our respective Ministers of International Relations and Cooperation are working on the modalities.
19 March 2019 - NW617
Madisha, Mr WM to ask the President of the Republic
Whether a certain person (name and details furnished) has the requisite security clearance; if not, why not; if so, what are the relevant details?
Reply:
The person in question was interviewed by the South African Police Service (SAPS) on or around 22 May 2018, before he was appointed to his current position.
The Presidency has been informed that the person’s security clearance is still being processed. We trust that the SAPS will conclude the matter urgently and make a final determination in this regard in accordance with applicable prescripts.
01 March 2019 - NW159
Carter, Ms D to ask the President of the Republic
Whether any steps have been taken to give effect to the recommendations of the Nugent Commission of Inquiry Into Taxation and Governance by SARS that criminal prosecution be instituted against Mr Tom Moyane for awarding a certain contract (details furnished); if not, why not; if so, (a) what steps and (b) what is the current status of the specified steps?
Reply:
Government has started implementing the most pressing recommendations that were made by the Commission. These include terminating the appointment of Mr Tom Moyane as the Commissioner of SARS on 1 November 2018, and initiating the process to appoint a new Commissioner.
A new commissioner is expected to be appointed in the near future.
While some of the organisational recommendations can only be implemented by the Commissioner, the Minister of Finance announced during the Budget speech that the Acting Commissioner has already taken steps to:
- Re-establish the large business unit, which will be formally launched in early April 2019.
- Launch an illicit economy unit to investigate syndicated tax evasion schemes in high-risk sectors, including the tobacco trade.
- Harnessing opportunities from information-sharing agreements between tax authorities to fight cross-border tax evasion.
- Reviewing contracts that breached procurement regulations and acting to recover funds from any fruitless and wasteful expenditure.
The Minister of Finance has requested Judge Davis to assess the tax gap, which is the difference between revenue collected and what ought to be collected.
The Minister also intends to introduce legislative amendments this year, giving effect to a number of the Commission’s governance recommendations. These matters will be included in this year’s draft tax legislation.
01 March 2019 - NW230
Hlengwa, Mr M to ask the President of the Republic
Whether he will take action against the (a) Minister of Environmental Affairs, (b) Minister of Mineral Resources and (c) Deputy Minister of Justice and Correctional Services responsible for Correctional Services who are implicated through allegations in testimony given at The Judicial Commission of Inquiry into Allegations of State Capture; if not, why not; if so, what are the relevant details of the action he intends to take?
Reply:
The Judicial Commission of Inquiry to investigate allegations of state capture, corruption and fraud in public institutions is currently underway.
Following the conclusion of the inquiry, the Commission will submit findings and recommendations to the President. The President will await the report of the Commission before determining what action needs to be taken, including against any Members of Cabinet that may be implicated in the report.
Nothing prevents the relevant authorities within the criminal justice system from investigating allegations of impropriety by Ministers or any other persons. In any such instances, legal processes must be allowed to be concluded with due regard for the rule of law.
20 February 2019 - NW3
Malema, Mr J to ask the President of the Republic
Since his reply to question 19 for oral reply on 6 November 2018 and the subsequent correction to his reply through his letter of 14 November 2018, in which he confirms the existence of a contract between his son and Bosasa, also known as African Global Operations, (a) he still maintains the existence of the contract that he read with his own eyes and (b) if he will furnish Mr J S Malema with a copy of the contract?
Reply:
a) As I indicated in my statement to the Public Protector of 1 February 2019, in September 2018, my son, Mr Andile Ramaphosa, showed me two documents:
- An Advisory Mandate signed in December 2017 between his company, Blue Crane Capital (Pty) Ltd, and African Global Operations (AGO) for possible business entry and activities in some East African countries.
- An Anti-Bribery and Corruption Policy signed with AGO in January 2018.
b) It is not for me to share the contractual arrangements of private companies, including any belonging to my son.
20 February 2019 - NW4
Shivambu, Mr F to ask the President of the Republic
Whether the donors of his political campaign to become president of his political organisation are holders of government contracts; if so, in each case, (a) what are their names and (b) which government contracts do they hold?
Reply:
As I indicated in my statement to the Public Protector of 1 February 2019, a deliberate decision was taken by myself and those leading the ‘CR17’ campaign that, apart from attending dinners with potential funders, I would not be involved in fundraising, nor would I be provided with the identity of donors or the amounts pledged, as I did not want to feel under obligation to them in any shape or form at any time in the future.
As a consequence:
a) I do not have the names of the donors.
b) I do not know if they hold government contracts.
20 February 2019 - NW5
Shivambu, Mr F to ask the President of the Republic
Whether, with reference to his reply to question 19 for oral reply on 6 November 2018 and his further clarification to his reply through his letter of 14 November 2018, Bosasa’s donation of R500 000 was returned; if not, why not; if so, (a) to whom in Bosasa and (b) what proof was he furnished with of such return?
Reply:
a) As I indicated in my statement to the Public Protector of 1 February 2019, I have been informed by the former ‘CR17’ campaign managers that, following an unsuccessful attempt to meet Mr Gavin Watson in order to arrange for the return of the donation, an amount of R500,000 has been transferred into an attorney’s trust account.
The funds will remain there until such time as these matters surrounding African Global Operations are clarified following various concerning disclosures before the Zondo Commission of Inquiry into State Capture. Thereafter, a decision will be made as to whether these monies should be returned to the account from where they came, passed on to appropriate government authorities or donated to a charity.
b) The former ‘CR17’ campaign managers have shown me proof of payment.
14 December 2018 - NW3740
Maynier, Mr D to ask the President of the Republic
(1)Whether he was made aware of the (a) attack on editors on social media and/or (b) meeting held with the SA National Editors Forum by the Minister of Finance, Mr T T Mboweni; if so, what is the position in this regard; (2) whether (a) he and/or (b) any person in his Office communicated (i) directly or (ii) indirectly with Mr T T Mboweni on this matter; if not, in each case, why not; if so, what are the relevant details in each case?
Reply:
(1) (a) No
(b) No. I am encouraged by the fact that the Minister of Finance reached out to the SA National Editors Forum and had a constructive discussion on matters that were of concern to both parties.
(2) (a) No
(b) No
14 December 2018 - NW3739
Maynier, Mr D to ask the President of the Republic
Whether, with reference to his reply to a supplementary question on question 20 on 6 November 2018, (a) he and/or (b) any person in his Office communicated (i) directly or (ii) indirectly with the Minister of Finance, Mr T T Mboweni the Government’s position on the future of the SA Airways; if not, in each case, why not; if so, what are the relevant details in each case?
Reply:
(a) & (b) (i) (ii): No. There is agreement in the Executive that the immediate priority for government is to stabilise SAA financially and through a rigorous process of cost-reduction and commercial re-orientation, to turn it into an airline that is financially and operationally sustainable.
10 December 2018 - NW3578
Lekota, Mr M to ask the President of the Republic
Whether he intends to assent to the Political Party Funding Bill [B33 of 2017] in time for its implementation prior to the May 2019 Elections; if not why not?
Reply:
I wish to refer Honourable Member to the attached statement that was issued by the Presidency on 15 November 2018 on Bills passed by Parliament and referred to me for signing into law.
As per the statement, the Political Party Funding Bill is one of the Bills that I am currently considering. Due to the importance attached to legislation, I have a constitutional obligation of ensuring that, while expediting the process, a Bill that has been passed into law is not vulnerable to legal challenge and that it is constitutionally complaint. I can assure the Honourable Member that I am applying my mind with the urgency and thoroughness the Bill demands.
10 December 2018 - NW3641
Shivambu, Mr F to ask the President of the Republic
(1)Whether, with reference to the additional information he provided in respect of oral question 19 on Friday, 16 November 2018, he received any donation in his official capacity from African Global Operations (Bosasa) since his term in the office of the Presidency; if not, what is the position in this regard; if so, (a) which account was used to pay the donation and (b) what was the donation for; (2) whether he declared all the money donated to him; if not, why not; if so; on what date was it declared? NW4212E
Reply:
1. I have not received any donation, either in my official or any other capacity, from African Global Operations. As I indicated in a letter to the Speaker of the National Asembly on 16 November 2018, the payment to which the Leader of the Opposition referred was made on behalf of Mr Gavin Watson into a trust account that was used to raise funds for a campaign established to support my candidature for the Presidency of the African National Congress.
The donation was sought and obtained without my knowledge, and I was not aware of the existence of the donation at the time that I answered the question in the National Assembly.
2. Since I did not receive any donation from African Global Operations no declaration was necessary.
10 December 2018 - NW3576
Madisha, Mr WM to ask the President of the Republic
Whether he has been informed of the crisis playing out in the Department of Agriculture, Forestry and Fisheries involving certain persons (details furnished); if not, what is the position in this regard; if so, what steps have been taken to resolve the crisis?
Reply:
The Minister of Agriculture, Forestry and Fisheries has apprised me on the allegations levelled against senior officials in his department. He further indicated that disciplinary proceedings for some of the implicated officials are currently underway, while for others, investigations are proceeding. These processes have not yet been concluded and I expect a report from the Minister once they are concluded.
The Minister has assured me that despite these allegations and related processes currently underway, the Department of Agriculture, Forestry and Fisheries is effectively implementing the strategic programmes of the Department.
10 December 2018 - NW3342
Lekota, Mr M to ask the President of the Republic
Whether he has taken any steps to investigate allegations relating to the alleged irregular and/or unlawful appointment of persons in the Ministry of Transport (details furnished); if not, why not; if so, (a) what progress has been made and (b) what was the conclusion reached?
Reply:
(a) – (b) The allegations referred to by the Honourable Member were made in the form of an anonymous letter circulated to various government entities, including the Presidency.
I am informed that the Public Service Commission, one of the recipients of the anonymous letter, determined after correspondence with the Department of Transport that it will not take action due to the fact that it would be difficult to obtain further and more detailed particulars from an anonymous complainant.
We would urge any individuals who have evidence of irregular or unlawful appointments to make use of the proper channels.
In this regard, it is worth mentioning that the Minister of Public Service and Administration did receive another letter from a former employee of the Department of Transport making similar allegations.
In line with the Public Service Act, the Minister of Public Service and Administration has begun a process to ascertain the veracity of the allegations.
The work to ascertain the veracity of the allegations has not yet been concluded. The Department of Public Service and Administration is in contact with the Department of Transport to ascertain whether the appointment of persons in the Ministry of Transport is compliant to the Public Service Act and other relevant prescripts.
Once the work has been concluded, a report will be submitted to the Minister of Public Service and Administration. Further enquiry on these allegations should be directed to the Minister of Public Service and Administration.
09 November 2018 - NW3073
Maynier, Mr D to ask the President of the Republic
(1)Whether, with reference to his reply to question 2638 on 3 October 2018, any of the Special Envoys on Investment received any support from any firms in the private sector; if not, what is the position in this regard; if so, (a) which envoy received private sector support, (b) what was the nature of support received, (c) what number of personnel were seconded to provide support and (d) what is the value of the support provided; (2) whether any expenditure was incurred as a result of private sector firms supporting the specified envoys; if not, why not; if so, what (a) total expenditure was incurred and (b) is the detailed breakdown of the expenditure in each case? NW3437E
Reply:
- The Special Envoys on Investment are private individuals who have volunteered to support the country’s investment drive. The envoys are attached to different private sector organisations and may, from time to time, act in their capacity as envoys while they are travelling on company business, which is paid for by their respective firms. No personnel have been seconded to provide support to the envoys specifically.
- No public entity has made any payment to any private firm to which the envoys are affiliated for the purpose of supporting the work of the envoys in the investment drive.
02 November 2018 - NW2760
Maynier, Mr D to ask the Minister in the Presidency
(1)Whether each intervention as set out in the Inclusive Growth Action Plan, which was released on or around 13 July 2017, was achieved by each responsible authority; if not, (a) which intervention was not achieved, (b) which authority is responsible for achieving the specified intervention and (c) why was the specified intervention not achieved; (2) whether plans have been put in place to ensure that the specified interventions will be achieved; if not, why not; if so, what are the relevant details? NW3053E
Reply:
- a), b) and c) and 2): The interventions, its achievement the responsible Departments of the Inclusive Growth Action Plan which was released on or around 13 July 2017, are as follows
Intervention |
Responsible authority |
Achievement |
|
Minister of Finance |
|
|
Minister of Finance |
|
|
Minister of Finance / Minister of Small Business Development |
|
|
Minister of Finance / Cabinet |
|
|
Minister of Finance/ Minister of DPE/ Minister of DPSA/ Cabinet |
|
|
Minister of Finance/ All Shareholder Ministries/ All SOEs |
|
|
Minister of Finance |
|
|
Minister of Finance/ Minister of Energy/ DPE/ Eskom |
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Minister of Finance |
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Minister of DTPS/ CSIR/ Minister of EDD |
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Minister of Finance/ Minister of DTPS |
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Minister of Mineral Resources |
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Minister of Mineral Resources |
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Minister of Rural Development and Land Reform |
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Approved |
Not Approved |
Approved as amended |
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Comment: |
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Dr NC Dlamini-Zuma Minister in the Presidency: Planning Monitoring and Evaluation |
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Date: |
29 October 2018 - NW2824
Lees, Mr RA to ask the President of the Republic
What are the details of (a) the purpose(s) for which the US$ 25 billion in funding pledged by the government of the People’s Republic of China towards his economic stimulus package will be utilised and (b) all the terms and conditions attached by the Chinese government to make the specified funds available?
Reply:
a) A number of agreements were signed between the governments of South Africa and the People’s Republic of China, and between different state entities and private companies in the two countries, during the state visit by President Xi Jinping to South Africa in July 2018 and during my state visit to China in September 2018, prior to the Forum on China-Africa Cooperation (FOCAC).
Taken together, the agreements reflect a commitment of around US$15.2 billion in equity investments and loans across a range of industrial sectors, mining, infrastructure and services. The funding will, among others, support cooperation on special economic zones, trade and investment relations and financing for state owned entities.
b) Eskom and Transnet entered into loan agreements with Chinese banks.
Eskom entered into a loan agreement with the China Development Bank for R33 billion. The facility has a grace period of five years and thereafter the principal amount is repayable by Eskom in 20 instalments over a period of 10 years. There are no specific conditions for this loan.
Transnet entered into a R4 billion loan agreement with the Industrial and Commercial Bank of China to finance the general operating activities and certain capital expenditure of Transnet. The facility is a five-year, rand denominated, quarterly amortising loan, at a floating and competitive interest rate. The loan came with terms and conditions that are standard for this type of loan.
In addition, there were agreements signed between private sector companies of China and those of South Africa. The conditions attached to each of these agreements are a matter between the respective parties.
29 October 2018 - NW2819
Maynier, Mr D to ask the President of the Republic
(1)Whether he was informed about any contact and/or interaction between the former Minister of Finance, Mr N M Nene, and any member of the Gupta family prior to (a) appointing him as the Minister of Finance on 26 February 2018 and (b) Mr Nene giving evidence at the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, chaired by Deputy Chief Justice Raymond Zondo, on 3 October 2018; if so, what are the relevant details; (2) whether he received any offer to resign from the position of Minister of Finance, from Mr N M Nene, as a result of his contact and/or interaction with any member of the Gupta family; if so, what are the relevant details; (3) whether he has found that Mr Nene’s contact and/or interactions with members of the Gupta family have resulted in the contravention of the prescripts of section 96 of the Constitution of the Republic of South Africa, 1996; if not, why not; if so, what are the relevant details? NW3121E
Reply:
(1) (a) No
(b) No
(2) Former Minister Nene submitted a letter of resignation on 9 October 2018, which I accepted.
(3) Mr Nene is no longer a Minister. If there are any findings to be made on Mr Nene’s contact with members of the Gupta family that will be a matter for the Commission of Inquiry on State Capture.
29 October 2018 - NW2821
Maynier, Mr D to ask the President of the Republic
(1)Whether he attended the meeting during which the Cabinet agreed to issue a request for proposals for the Government’s proposed nuclear build programme on 9 December 2015; if not, why not; if so, (2) whether he supported the Cabinet’s decision to issue the request for proposals; if not, why not; if so, what are the relevant details; (3) whether he intends to give evidence on his role with regard to decision-making relating to the Government’s proposed nuclear build programme before the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, chaired by Deputy Chief Justice Raymond Zondo; if not, why not; if so, what are the relevant details? NW3123E
Reply:
1. I attended the Cabinet meeting of 9 December 2015 in my capacity as Deputy President of the Republic. It was at this meeting that a decision was made to issue a request for proposals for a nuclear new build programme, and at which it was also agreed that any decision to proceed further with a nuclear build programme would take place after the Request for Proposals process had been completed and a final funding model developed.
2. Discussions in Cabinet are confidential and it is therefore not possible to provide information on individual contributions to the discussion. All members of Cabinet, regardless of their personal views, are bound by decisions taken by Cabinet and are collectively responsible for implementing those decisions.
3. I have publicly stated that I am available to give evidence at the Commission of Inquiry into State Capture should the Commission deem it necessary.
23 October 2018 - NW2734
Mente-Nkuna, Ms NV to ask the Minister in the Presidency
(1)What are the names of the (a) individuals and (b) organisations that undertook the research and wrote the White Paper on an Integrated National Disability Strategy (INDS); (2) whether the persons who undertook the research and wrote the paper were external contractors; if not, what is the position in this regard; if so, what amount were they paid in each case?
Reply:
1.(a) The INDS completed in 1997, was compiled through a multi stakeholder consultative process which was led by the Office of the Status of Disabled Persons (OSDP).
(b). The stakeholders comprised of officials from all spheres of government, members of civil society, members from academic institutions, persons with disabilities and various organizations of persons with disabilities.
2. The process was not commissioned to external contractors and therefore no individual / external contractor was compensated
08 October 2018 - NW879
Macpherson, Mr DW to ask the Minister in the Presidency
With reference to the Aquaculture hub of the Oceans Economy Lab, (a) what are the detailed reasons behind the delays in the expansion of the (i) Oyster hatchery at Paternoster, (ii) Oyster Catcher Initiative, (iii) Hermanus Salmon, (iv) Hondeklip Bay Abalone hatchery, (v) Richards Bay sea cage kob farming, particularly improving market access and developing the value-chain and (vi) Wild Coast abalone ranching and (b) what steps are being taken to resolve the delays and complete the projects in each case?
Reply:
i) According to DAFF, Paternoster Oyster initiative was delayed owing to lack of interest to invest from private investors to date and therefore could not leverage other funding. Consequently, the project was removed from the Operation Phakisa registered projects. Recently, the company has been bought over and the new owner intends to set up an oyster hatchery. This company will have an opportunity to register the new project with Operation Phakisa.
ii) Oyster Catcher initiative was delayed due to the Environmental Impact Assessment (EIA) process that was conducted for Saldanha Bay. Now that the Environmental Authorisation has been approved, the conditions of the Environmental Authorisation need to be met and Transnet reports that the approval process for additional sea space needed, is underway.
iii) The Hermanus Salmon has not been awarded a lease for the property that the company identified. The Department of Agriculture Forestry and Fisheries (DAFF) and Department of Public Works (DPW) have agreed that the advertisement of vacant sites suitable for aquaculture will be prioritised to expedite the resolution of the problem.
iv) The Hondeklip Bay Abalone Hatchery was initially funded by the Department of Science and Technology (DST). However, the consolidation of Aquaculture projects funding at the DST led to the withdrawal of funding for the same. The DAFF has subsequently sourced funding for this initiative to ensure continued development of aquaculture in Northern Cape.
v) The Richards Bay sea cage kob farm has completed a successful pilot project. However, before commercial aquaculture can be undertaken in the bay, a feasibility study is being undertaken to assess whether there is water space for commercial production levels and whether aquaculture activities can coexist with other activities being undertaken in the Port. The DAFF is drafting a marketing and awareness programme for the aquaculture sector in South Africa, which includes value chain and marketing of products.
vi) The Wild coast abalone farm initiative is progressing well. However, due to initial funding constraints the plans are slightly behind schedule. The company has sourced the necessary funding and this project is expected to progress as planned
Approved |
Not Approved |
Approved as amended |
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Comment: |
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Dr NC Dlamini-Zuma Minister in the Presidency: Planning Monitoring and Evaluation |
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Date: |
03 October 2018 - NW2610
Shivambu, Mr F to ask the President of the Republic
(1)Whether he has ever received a letter from the leaders of Abahlali baseMjondolo in his capacity as Deputy President and/or President or; if so, on what exact date did he receive the letter; (2) whether he responded to the letter; if not, why not; if so, (a) on what date did he respond and (b) what was the name of the addressee? NW2904E
Reply:
(1) Yes, the letter from the leaders of Abahlali baseMjondolo was received by the President, in his capacity as President, on 6 June 2018.
(2) The letter was responded to on 11 July 2018, addressed to the President of Abahlali baseMjondolo, Mr S. Zikode.
03 October 2018 - NW2654
Mokgalapa, Mr S to ask the President of the Republic
What are the details of the (a) stakeholders he engaged with during his visit to the Democratic Republic of the Congo (DRC) in August 2018, (b) basis on which the specified stakeholders were chosen to engage with and (c) implications of the decision to engage with the specified stakeholders on the perception of South Africa as a neutral and unbiased mediator; (2) whether he met with any members of opposition political parties during the visit; if not, why not; if so, what are the relevant details; (3) (a) why did he praise President Kabila during his visit to the DRC, in view of President Kabila’s seemingly poor record of conducting free and fair elections and (b) does he hold the same positive views of President Kabila in light of subsequent developments and President Kabila’s perceived lack of commitment to free and fair elections, particularly after President Kabila rejected his special envoy? NW2943E
Reply:
1. (a) I visited the Democratic Republic of the Congo (DRC) to meet with President Kabila. On my departure from the DRC, a courtesy call by the ruling party’s Presidential candidate, Mr Emmanuel Ramazani Shadary, took place at the airport.
(b) The purpose of the visit to the DRC was to meet with President Kabila. Mr Shadary requested the courtesy call.
(c) None.
2. No other candidate requested to meet with me. If they had, I would certainly have been willing to meet them.
3. (a) I commended President Joseph Kabila for honouring the Congolese Constitution by not seeking a third term. This position is consistent with the Statement that was issued following the 38th Southern African Development Community (SADC) Summit of Heads of State and Government held in mid-August 2018 in Windhoek, Namibia, which also commended President Kabila and the Government of the Democratic Republic of Congo for upholding the Constitution.
(b) I maintain the same position on President Kabila’s decision not to seek a third term. Contrary to media reports former President Mbeki has not been appointed as a Special Envoy to the DRC, but has agreed to my request, given his vast experience, to assist the government with various issues in the Great Lakes region as a whole.
03 October 2018 - NW2655
Mokgalapa, Mr S to ask the President of the Republic
Whether, with reference to his visit to the Democratic Republic of the Congo in August 2018, he discussed with President Joseph Kabila the (a) alleged maltreatment of Mr Moise Katumbi, (b) deployment of the armed forces to Kasumbalesa and Kinshasa, where violence was used to oppress peaceful supporters of the specified person, (c) use of controversial electronic voting machines despite domestic and international opposition, (d) credibility of voters’ rolls with particular reference to allegations of significant numbers of duplicates and (e) continued detention of political prisoners; if not, in each case, why not; if so, what are the relevant details of the discussions in each case?
Reply:
a) During the discussions, I was briefed by my host about the matter of Mr Katumbi during which the government of the DRC explained their national legal requirements that prevented Mr Katumbi from registering in the national elections.
b No. The deployment of the army or troops in any country is the sovereign right of the government of the day.
c) - (d) During the discussions, I was briefed about the DRC’s preparedness to hold the upcoming elections.
I wish to refer the Honourable Member to the attached Joint Statement that was issued by the Presidency on 10 August 2018 on my Working Visit to the DRC. As part of statement, it was stated that:
“The two Heads of State noted that the political and security situation is calm throughout the national territory of the Democratic Republic of the Congo and took note of the significant progress made in the ongoing electoral process in the country, with regard to the commitments made in accordance with the electoral calendar published on 5 November 2017 by the Independent National Electoral Commission (CENI) and providing for the organization of presidential, legislative and provincial elections at the end this year.
“The two Heads of State noted, among other things, the continued financing of the electoral process by the Congolese Government, which has just completed the stage of submitting candidatures for the presidential, legislative and provincial elections, in compliance with the constitutional rules and national laws of the Democratic Republic of Congo”.
(e) The matter of the detention of any individual was not discussed during the meeting.
03 October 2018 - NW2639
Maynier, Mr D to ask the President of the Republic
Whether the US$ 100 billion in new investment he intends to generate over the next five years includes investment by (a) public corporations and (b) general government; if not, in each case, why not; if so, what are the relevant details in each case?
Reply:
(a) - (b) The investment drive to mobilise $100 billion over five years targets both the private sector (which includes public and unlisted companies) and general government, including state owned enterprises. The investment drive seeks to encourage investors to invest in the economy through greenfield and brownfield projects. While the emphasis is on fixed investment, government is not prescriptive on the investments.
03 October 2018 - NW2638
Maynier, Mr D to ask the President of the Republic
With reference to each Special Envoy on Investment appointed by him, (a) what number of investors has each special envoy engaged with, (b) what is the name of each investor engaged with, (c)(i) on what date and (ii) where was each specified investor engaged with, (d) what total value of investment (i) was secured and/or (ii) was pledged by each specified investor and (e) what was the (i) total cost and (ii) breakdown of such costs of the engagements with investors?
Reply:
(a) - (b) The envoys were appointed to create an additional channel through which business can alert government of possible investment opportunities as well as impediments they experience in pursuing those opportunities. The envoys combined have had more than 150 engagements. These include meetings with individual companies, business chambers, business groupings and embassies.
(c) (i) The meetings referred to above have been held since the envoys were appointed, up to date.
(ii) Meetings were held in various locations including Johannesburg, Cape Town, Nigeria, Saudi Arabia, United Arab Emirates, Singapore, China, Canada, Ireland, London and Poland.
(d) (i) (ii) Envoys are volunteers who are deployed to convey messages about the investment climate and to generate goodwill with investors. They are not tasked with deal-making, but with opening doors. It is up to the government to pursue the investment opportunities where appropriate, or to resolve the issues that may be blocking private sector investment.
(e) (i) (ii) To date, the total cost is at R369,644.14, which includes:
- Ticket fares: R225,397.90
- Hotel Accommodation: R57,798.69
- Delegation fee: R86,447.55
03 October 2018 - NW2628
Lekota, Mr M to ask the President of the Republic
(1)Whether he intends to give evidence before the Judicial Commission of Enquiry into State Capture (the commission); if not, why not; if so, what are the relevant details; (2) whether he responded to the letter; if not, why not; if so, (a) on what date did he respond and (b) what was the name of the addressee? NW2904E
Reply:
(1) - (2) The Commission of Inquiry into State Capture is empowered to decide who should give evidence before it. If the Commission asks me to appear before it, I will gladly oblige.
Any person, including members of Cabinet and senior government employees, who may have information that would assist the Commission in its work, is encouraged to make that information available to the Commission and, if necessary, to give evidence.
03 October 2018 - NW2626
Filtane, Mr ML to ask the President of the Republic
In light of the fact that earlier this year the Eastern Cape Department of Public Works started the process for the disposal of residential properties across the province through sale using market-related values (details furnished), and with reference to his reply to oral question number 13 on 22 August 2018, he intends to discourage and stop the sale of land and residential properties currently owned by the Eastern Cape Department of Public Works; if not, why not; if so, what are the relevant details?
Reply:
The disposal of non-core residential state land in urban areas is required when such properties do not contribute to the line function needs of government. The disposal of land is guided by national legislation, the State Land Disposal Act No. 48 of 1961, as well as provincial legislation – the Eastern Cape Land Disposal Act No. 7 of 2000.
Further, in April 2009, the Government Immovable Asset Management Act No. 19 of 2007 was promulgated to regulate uniformity in the management of state assets through its life-cycle, including a surrender plan for assets that do not meet the service delivery objectives of the State.
The properties that are advertised under SCMU5-18/19-PM002 are all vacant or dilapidated residential sites. The systematic release, through the prescribed legislative frameworks, of the State’s immovable assets that are surplus to the needs of Government and that are lying dormant in the urban areas, will promote residential development in municipal areas, as well as provide our people with security of tenure through the attainment of title deeds and also stimulate socio-economic development. The one way of addressing the latter is through the upgrading of dilapidated structures in the urban centres, and by so doing increase the revenue stream of municipalities and generally upgrade the facade of towns.
The Eastern Cape Province, through the said disposal process, aims at addressing the imbalances of the past, which contributed to the skewed land ownership patterns, with the focus on ownership transfer to the designated groups, such as black people, women, youth, military veterans and the disabled. First time home owners will be targeted as preferred bidders.
The province has committed that any site beneficially occupied or identified for strategic economic development will not be disposed.
03 October 2018 - NW2561
Lekota, Mr M to ask the President of the Republic
With regard to his speech that he delivered during the Armed Forces Day celebrations in Kimberley on 21 February 2018 (details furnished), has he found that the (a) former President, Mr J G Zuma, intended to remain in power by force and (b) army considered intervening in the politics and democratic processes of the country; if not, what is the position in this regard in each case; if so, what are the relevant details in each case?
Reply:
The speech that the President delivered in Kimberley as the Commander-in-Chief of the South African National Defence Force on the occasion of Armed Forces Day, on 21 February 2018, does not make reference to any of the assertions made in the question of the Honourable Member.
The section of the speech quoted by the Honourable Member reflects the primary mandate of the SANDF, as prescribed in the Defence Act No. 42 of 2002, Section 2(b), which states: “The primary object of the Defence Force is to defend and protect the Republic, its people and its territorial integrity”.
The President’s speech on Armed Forces Day 2018 is attached for information.
03 October 2018 - NW2560
Lekota, Mr M to ask the President of the Republic
Whether he intends to involve Parliament in the process of appointing a new National Director of Public Prosecutions to ensure that the process is transparent and open; if not, why not; if so, what are the relevant details?
Reply:
Section 179(1)(a) of the Constitution provides that the National Director of Public Prosecutions is appointed by the President, as head of the national executive. It is an executive appointment, constitutionally distinguished from those institutions whose members’ appointment involves Parliament.
25 September 2018 - NW2496
Mente-Nkuna, Ms NV to ask the Minister in the Presidency
1. What amount did Solomon Mahlangu’s gravestone cost 2. Which company received the contract to build the gravestone 3. What was the value of the contract 4. Who were the other bidders?
Reply:
a) The total cost of the Solomon Mahlangu tombstone was R128 200. The said amount covered:
- Refurbishing of the tombstone including re-polish and wright parts of the old stone
- Headstone with an addition of the book
- Monument
- Laser photo on the stone
- All granite border around the stone including stands, roofs and pillars
- Engraving
- Transportation
- Installation
2. Which company received the contract to build the gravestone
(a) Lomanthosi was a successful bidder
3. What was the value of the contract
(a) The total value of the procurement was R128 200.
4. Who were the other bidders?
a) Lomathonsi
b) Arise
c) Eventoption
25 September 2018 - NW1756
Maynier, Mr D to ask the Minister in the Presidency
Whether Statistics South Africa publishes data on the per capita gross domestic product; if not, why not; if so, what are the relevant details?
Reply:
1. Stats SA does not publish per capita gross domestic estimates, as it can easily be calculated. It will consider including these estimates if a regular need for it is identified from its users. The South African Reserve Bank does, however, also publish these statistics annually, so they are in the public domain.
2. The gross domestic estimates are published in both current and real/volume terms. The relevant annual per capita details are as follows:
Dr Nkosazana Dlamini Zuma, MP
Minister in the Presidency: Planning Monitoring and Evaluation
Date:
18 September 2018 - NW2659
Chance, Mr R to ask the Minister in the Presidency
With reference to the reply to question 317 on 1 March 2017, has the work relating to the evaluation of the Integrated Strategy for the Promotion of Entrepreneurship and Small Enterprises been completed yet; if not, by what date will it be completed; if so, by what date will the findings be made available to the public?
Reply:
The Evaluation Report on the Integrated Strategy for the Promotion of Entrepreneurship and Small Enterprises has been completed. The Department of Small Business Development has also subsequently submitted a formal management response to the Department of Planning, Monitoring and Evaluation indicating its acceptance of all recommendations. The management response was followed by an improvement plan on 31 July 2018, which plan details how the recommendations will be addressed. The Report will now be presented at the Economic Sectors, Employment and Infrastructure Development (ESEID) Cluster of the DGs on 20 September 2018 which will be followed by a submission to Cabinet for approval.
Recommended
Ms NZH Mpofu
Director-General: Planning Monitoring and Evaluation
Approved
Dr Nkosazana Dlamini Zuma, MP
Minister in the Presidency: Planning Monitoring and Evaluation
Date:
12 September 2018 - NW2387
Carter, Ms D to ask the President of the Republic
(a) By which date he intends to sign the Public Audit Amendment Bill into law and (b) what have been the reasons for the delay so far?
Reply:
The President has a constitutional obligation to satisfy him or herself, independently, that any legislation brought to him or her for assent is constitutional. This necessarily requires, among other things, a review of all relevant documentation, consideration of any submissions and the sourcing of legal opinion.
I am currently considering the Public Audit Amendment Bill, together with other Bills received from Parliament, to satisfy myself that it indeed passes the test of constitutionality.
05 September 2018 - NW2202
Lekota, Mr M to ask the President of the Republic
Whether he has launched any form of inquiry into allegations that secret state spy funds had been used to splash out R10 million on a luxury mansion that could become the new home of the Minister of State Security after she allegedly rejected the house provided by the Department of Public Works; if not, why not; if so, what was the outcome thereof?
Reply:
The President received a full briefing from the Minister of State Security on the matter. Having regard to the details of the briefing and related matters, the President is of the view that there are no grounds to establish a commission of inquiry into the matter.
The Joint Standing Committee on Intelligence, a committee of Parliament, will also receive a briefing on the matter by the Minister as part of its oversight and accountability function.
05 September 2018 - NW2196
Lekota, Mr M to ask the President of the Republic
Whether, with reference to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, he and the Government have taken any action regarding the utterances of the former President, Mr J G Zuma, on numerous occasions while he was still President, including a gathering of the Congress of South African Students over free tertiary education held at Ethekwini City Hall in Durban, that he was aware of corrupt activities that were committed but he kept quiet; if not, why not; if so, what are the relevant details of the action taken?
Reply:
Section 34 of the Prevention and Combating of Corrupt Activities Act (Act 12 of 2004) requires that “any person who holds a position of authority” and who knows or ought reasonably to have known or suspected that any other person has committed certain listed offences must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to a Police Official in the Directorate for Priority Crime Investigation at the South African Police Service (SAPS).
The Act further defines “any person who holds a position of authority” as:
- the Director-General or head, or equivalent officer, of a national or provincial department;
- in the case of a municipality, the municipal manager appointed in terms of section 82 of the Local government: Municipal Structures Act, 1998 (Act 117 of 1998);
- any public officer in the Senior Management Service of a public body;
- any head, rector or principal of a tertiary institution;
- the manager, secretary or a director of a company as defined in the Companies Act, 1973 (Act 61 of 1973), and includes a member of a close corporation as defined in the Close Corporations Act, 1984 (Act 69 of 1984);
- the executive manager of any bank or other financial institution;
- any partner in a partnership;
- any person who has been appointed as chief executive officer or an equivalent officer of any agency, authority, board, commission, committee, corporation, council, department, entity, financial institution, foundation, fund, institute, service, or any other institution or organisation, whether established by legislation, contract or any other legal means;
- any other person who is responsible for the overall management and control of the business of an employer; or
- any person contemplated in paragraphs (a) to (i), who has been appointed in an acting or temporary capacity.
The Act does not place any statutory obligation on the President or Members of the Executive, Members of Legislatures or the Judiciary,
It is important, however, to emphasise that the fight against corruption is a continuous process, which requires the involvement of all citizens and that provided with evidence, the relevant law enforcement agencies would not hesitate to take the necessary actions.
We would therefore encourage all South Africans, regardless of the position they occupy, to provide any evidence of alleged corrupt activities to the SAPS.