Questions and Replies

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25 September 2018 - NW2496

Profile picture: Mente, Ms NV

Mente, 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:           

  1. Refurbishing of the tombstone including re-polish and wright parts of the old stone
  2. Headstone with an addition of the book
  3. Monument
  4. Laser photo on the stone
  5. All granite border around the stone including stands, roofs and pillars
  6. Engraving
  7. Transportation
  8. 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 - NW2615

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(a) What are the details of incidents of taxi violence that have been recorded (i) in each province, (ii) in each month in the past three financial years and (iii) since 1 January 2018, (b) for how long did each incident continue in each instance, (c) what were the reasons for each incident, (d) how were the incidents resolved in each case and (e) what is being done to reduce such incidents in future?

Reply:

a) Taxi conflicts and violence are handled by provinces because they are largely inter or intra provincial. Therefore, the information required is not readily available with the Department and has been requested from provinces since they are responsible for the coordination of land transport functions. The Department will, as soon as it receives these reports from provinces, submit a consolidated national response.

(i) to (iii) See a) above

b) See a) above

c) See a) above

d) See a) above

e) See a) above

25 September 2018 - NW2716

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Transport

What number of mini-bus taxis are (a) currently operating on the country’s roads and (b) in each province?

Reply:

a) Currently operating on the country’s roads

In terms of approved operating licenses on our systems there are approximately 130, 996 mini-bus taxis:

b) In each Province:

The breakdown of mini-bus taxis operating in each province is as follows:

Province Name

Number of mini-bus taxis in each Province

1. Gauteng

31519

2. Western Cape

14012

3. KwaZulu-Natal

27778

4. Limpopo

10970

5. Mpumalanga

15175

6. Eastern Cape

12011

7. Free State

7992

8. North West

9709

9. Northern Cape

1830

TOTAL

130,996

25 September 2018 - NW1756

Profile picture: Maynier, Mr D

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:

25 September 2018 - NW2614

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to his reply to question 457 on 8 March 2018, what (a) summary reports can be supplied by each province and (b) are the details of each report?

Reply:

a) Summary reports for each region indicating the number of maintenance events per region per sub-area of the asset for electrical, Perway (track) and Signal infrastructure.

b) Detail of the report: (planned = preventative maintenance jobs scheduled)

Perway / Track:

 

Electrical:

SIGNALS:

In Gauteng addressing faults occurring in the signal system has priority over planned maintenance.

25 September 2018 - NW2209

Profile picture: Wessels, Mr W

Wessels, Mr W to ask the Minister of Water and Sanitation

(1)Whether all municipalities in the Eastern Cape have water restrictions in place, in view of the current drought in the specified province; if not, (a) why not and (b) what are the details of the municipalities that are not enforcing water restrictions; (2) whether his department intends to implement water saving measures in the specified province; if not, why not; if so, what are the relevant details; (3) whether he will make a statement on the matter?

Reply:

(1) No, not all municipalities in the Eastern Cape Province have water restrictions, only those in the western side of the Province, where water resources are under severe threat due to the drought. The drought is most severe in the Sarah Baartman District Municipality (DM) and Nelson Mandela Bay Metropolitan Municipality (MM); and these are the only two municipalities to renew their ‘declaration of state of disaster’.

(1)(a) The Blue Crane Route and Sundays River Valley Local Municipalities (LMs) are not restricted as their water comes from the Gariep Dam on the Orange River via the Fish-Sundays River Scheme, which is not restricted. Municipalities on the Eastern side of the province received fairly good summer rains and their dams had recovered to levels not requiring water restrictions.

(1)(b) The Nelson Mandela Bay MM, Dr. Beyers Naude and Gamtoos Irrigation Board have been very diligent and have complied with the water restrictions, however Kouga, Koukamma, Makana and Ndlambe LMs are battling to achieve the required water restrictions and have recently introduced the severe actions of water rationing through water cuts during night hours. Joe Gqabi District Municipality (DM) also introduced water rationing through water cuts at night and is practiced in Burgersdorp and Lady Grey due to infrastructure constraints and vandalism. In Alfred Nzo DM, the towns of Mt. Ayliff, Mt. Frere and Ntabankulu also have water cuts at night due to high demand of illegal connection and low yields.

(2) Yes, the Department has implemented water saving measures in the Eastern Cape Province. Water Restrictions are implemented in accordance with the Drought Operating Rules for each dam / scheme affected by drought. The War-on-Leaks programme, which is meant to fix leaks and create awareness, has been rolled out and media and other awareness campaigns undertaken. The monthly Algoa Drought Monitoring Committee meetings between role-players, stakeholders and Departments have greatly aided communication and maintained focus to achieve the restrictions and water savings.

(3) Communication out there including this response is adequate.

25 September 2018 - NW2229

Profile picture: Brauteseth, Mr TJ

Brauteseth, Mr TJ to ask the Minister of Water and Sanitation

Whether he has put any plans in place to provide water for (a) human and (b) livestock consumption in the eMaswazini community in the Okhahlamba Local Municipality in KwaZulu-Natal; if not, why not; if so, what are the relevant details of the specified plans?

Reply:

(1)(a) The Uthukela District Municipality (DM) is the Water Services Authority for the Uthukela District area including the Okhahlamba Local Municipal area and they are responsible for the provision of water services. The Uthukela DM has provided the following report on the availability of water in the area and their plans to provide access to water.

The following water sources are available in the area:

  • A total of twenty eight (28) out of forty (40) boreholes are operational.
  • Water is provided in Thunzini, Diepsloof, Emmaus and Ndiya areas.
  • Water is provided through spring protections in the Mamfemfetheni area.

The Uthukela DM has the following plans to provide water:

No

Findings on site

Recommended action – Cost estimate

1

The elevated tank next to the Emmaus rank - the rank was abandoned. The community is concerned that there is an individual that is using water from the elevated tank to wash cars.

A - Install an isolation valve.

B - The individual has connected onto the Municipal asset, Disconnect the illegal connection.

2

Further up the road - KwaNgubane - it used to be a windmill. When it collapsed, the community bought a generator. The community was promised a supply of 10 houses per stand pipe.

S28º517,3656, E 29º2228, 2792

Establish the capacity of the borehole – how many households can benefit. The Uthukela DM to upsize the production borehole and provide an elevated tank. Refurbish the existing water pipe (reticulation).

3

In the vicinity of the Nkunzi mountain there is a spring in the forest. Consultants are busy with a plan for spring protection.

Spring protection is necessary. Storage is required. Gravitate to the community, 500m to each side totalling 1km (1,5km).

No

Findings on site

Recommended action – Cost estimate

4

Esiqhingini (vicinity of Fisokuhle School) – the community has a hand pump (pitsi), and they are proposing a hand pump be converted to a production borehole, so that it can augment supply to Emmaus Hospital.
S28º49,8768", E 29º248, 9028

Uthukela DM will provide an elevated tank and will connect onto the existing system, if the production borehole has sufficient yield.

5

Ethunzini  - production borehole - vandalised pump
S28º5230,4896 E29º2035, 7216

Refurbishment of the borehole, elevated tank, joins onto the existing line.

6

Khwela - production borehole - the community collects money to pay for electricity.
S28º517,3656 E29º2228, 2792

The community built their own pump house. The Uthukela DM needs to build an appropriate pump house and apply for electricity. Provide an elevated tank.

7

Nyonyana High School - there is an existing spring that requires spring protection.

Provide Spring protection, elevated tank. Drill and equip another production borehole for the other community.

Ward 12

8

Epotshini - hand pump – the community is proposing an elevated tank to provide a gravity feed.
S28º4924,3948 E29º2222, 2748

As proposed.

9

Egolokodo – the community is proposing a hand pump - DWS provided a borehole but did not provide a hand pump.

S28º4929,316 E29º225, 2648

The Uthukela DM will provide a production borehole; storage will be in Epotshini. A break pressure tank will also be provided.

10

Egolokodo behind the Emhlambozini community hall - spring protection is required because water is captured in a concrete ring.

S28º4918,3864 E29º2154, 0072

Provide spring protection, fence the perimeter. Provide storage (JoJo tank).

11

Egolokodo mountain spring - spring protection is required.
S28º488,2152 E29º2221, 244

An excavator will be utilized to assist with providing a suitable water source. The community will be requested to assist.

12

Nyonyana upper area borehole.

Uthukela DM will provide a production borehole an elevated storage tank and associated reticulation.

13

Khwela borehole.

Uthukela DM will provide a production borehole an elevated storage tank and associated reticulation.

(1)(b) The Department of Agriculture and Rural Development is responsible for the provision of water for livestock production purposes.

25 September 2018 - NW2541

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) What tenders have been (i) issued and (ii) awarded by SA National Roads Agency SOC Ltd in the past three financial years, (b) what were the reasons for the delay in awarding tenders in each instance, (c) to whom were they awarded, (d) what criteria was used to determine the winner of the tender in each case, (e) what was the value of the awarded tender in each case and (f) on what date did each tender (i) commence and (ii) conclude in each instance?

Reply:

The spreadsheet of information is attached with 3 tabs denoting the tender awards for different financial period.

25 September 2018 - NW2674

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Transport

With reference to summonses issued by the SA National Road Agency Limited (SANRAL) for outstanding e-toll fees in the past three financial years to date,(a)(i) who are the issuing attorneys for High Court matters and (ii) what is their location, (b)(i) who are the issuing attorneys for magistrates courts matters and (ii) what is their location, (c) how were the attorneys selected in each case, (d) what tender process was followed in each case and (e) what payment arrangements were reached between SANRAL and the issuing attorneys?

Reply:

a) (i) The issuing attorneys for High Court matters are Morris Fuller Williams Attorneys;

(ii) Morris Fuller Williams Attorneys are in Westville, Durban;

b) (i) The issuing attorneys for High Court matters are Morris Fuller Williams Attorneys;

(ii) Morris Fuller Williams Attorneys are in Westville, Durban;

c) The attorneys are selected by Electronic Toll Collection (Proprietary) Limited (ETC), the toll operator, for debt collection and the issuing of summonses, in relation to outstanding e-toll fees. According to ETC, MFW were selected in terms of their capacity, experience, rates and network of corresponding attorneys located all over the country.

d) The SANRAL tender that was advertised in relation to the design, build and operation of the toll system for the GFIP toll roads, included these functions/duties as part of the scope of the works to be performed by the successful service provider. ETC is the appointed service provider.

(e) SANRAL does not appoint the issuing attorneys, by that set forth above. Payment arrangements in respect of the issuing attorneys are part of the contractual terms between ETC and MFW.

25 September 2018 - NW2673

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Transport

(1)With regard to summons issued by the SA National Roads Agency Limited for outstanding e-toll fees (a) in the past three financial years and (b) since 1 January 2018, what number of summonses were (i) issued, (ii) served at the courts and (iii) served on defendants in each month; (2) (a) what number of the issued summonses were not served on a defendant in each month, but were attempts of service by the sheriff, (b) what were the main reasons for non-service of summonses, (c) what number of the served summonses were defended in each month and paid for or for which payment arrangements were made after receiving a summons and (d) what was the total amount (i) collected per month through this legal process and (ii) for legal fees and expenses paid to get the summonses issued and served?

Reply:

Status

(a)

 

2015/16

2016/17

2017/18

Summons Issued

331

4 323

6 626

Summons Served at Court

331

3 597

5 869

Summons Served on Defendants

112

384

1 881

Defended Matters

108

115

582

Return of Non-Service

65

650

  1. 325

(b) Issued since 1 January 2018 month on month

Status

Jan-18

Feb-18

Mar-18

Apr-18

May-18

Jun-18

Jul-18

Aug-18

(i)

Summons Issued

814

214

840

99

52

19

1 200

2 855

(ii)

Summons Served at Court

1 035

879

660

472

237

83

116

1 104

(iii)

Summons Served on Defendants

412

345

324

362

306

334

202

143

  1. (a)

Defended Matters

131

116

106

140

130

106

97

42

Return of Non-Service

303

250

150

216

173

153

89

91

(2) (b) What were the main reasons for non-service of summonses

  • Address insufficient
  • Debtor unknown at given address
  • Debtor left given address
  • Premises Locked

(c) (i) above.    

(b) (i) collected per month through this legal process

 

2016

2017

2018

Jan

R236 905

R76 996

R69 060

Feb

R82 871

R77 665

R127 963

Mar

R1 212 475

R17 177

R593 658

Apr

R2 702 325

R2 842

R89 738

May

R1 968 279

R15 266

R456 480

Jun

R287 597

R14 467

R236 623

Jul

R234 872

R2 756

R77 384

Aug

R189 849

R800

R798 425

Sep

R297 390

R1 000

 

Oct

R115 319

R881

 

Nov

R171 901

R72 288

 

(b) The Contractor (ETC) incurred R4,6m on legal fees to date.

25 September 2018 - NW2671

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

With reference to his reply to question 1040 on 4 May 2018, (a) on what date was the committee established, (b) who are the members of the committee, (c) who elected the members, (d) what number of meetings have been held to date and (e) on which date were these meetings held?

Reply:

a) The Committee is not yet established.

b) Refer to (a)

c) Refer to (a)

d) Refer to (a)

e) Refer to (a)

25 September 2018 - NW2213

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Water and Sanitation

(1)Whether, with reference to a media statement issued on 8 May 2018 by the Inter-Ministerial Committee (IMC) on Nelson Mandela and Albertina Sisulu Centenary celebrations that the name of the Vanderkloof Dam in the Northern Cape is to be changed to the Nelson Mandela Dam, there are any plans to officially put such name change into effect; if so, when will this take place; (2) whether his department has taken note of the petitions against such name change by the residents of the Renosterberg Local Municipality within which the dam falls; if not, why not; (3) whether he will make a statement on the matter?

Reply:

(1) No, as a Minister of Water and Sanitation I do not have powers to change the name of the Vanderkloof Dam in Northern Cape. This power is vested in the Minister of Arts and Culture.

(2) No, the Department is not aware of a petition against such change by the Residents of the Renosterberg Local Municipality.

(3) No, as the Minister of Water and Sanitation I will not be making any statement.

25 September 2018 - NW2543

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) How is his department or any of the entities reporting to him involved in the elections of the leadership of the SA National Taxi Council (SANTACO), (b) what reports have been provided to him and his department in this regard in the past three financial years, (c) what are the main achievements of SANTACO in the past three financial years and (d) how did his department or any of the entities reporting to him benefit from this?

Reply:

(a) How is his department or any of the entities reporting to him involved in the elections of the leadership of the SA National Taxi Council (SANTACO)?

Although government was involved in the establishment of SANTACO, the Department does not get involved in the election of its leadership. As a Section 21 company SANTACO is entitled to elect its own leadership independent from government.

(b) What reports have been provided to him and his department in this regard in the past three financial years?

Regarding the general administration of SANTACO, government committed to funding the organization to support the formalization of the taxi industry. In this regard, SANTACO submits a Business Plan at the beginning of each financial year and based on that, a Service Level Agreement is then entered between SANTACO and the Department to:

(i) Set milestones whereby funds are transferred upon achievement thereof; and

(ii) Require that reporting for expenditure monthly be in place and also that SANTACO provides audited financial statements in order to release funds for any new financial year.

(c) What are the main achievements of SANTACO in the past three financial years?

The rollout of the Hlokomela Programme/Campaign in all nine provinces has been a positive step in the right direction. The programme is aimed at reducing road accidents through checking and monitoring taxi vehicles, monitoring driver behavior and conditions as well as ensuring commuter wellness and safety. This is an ongoing programme by SANTACO to try and change the face of the taxi industry for the better.

(d) How did his Department or any of the entities reporting to him benefit from this?

Although progress has generally been slow, the biggest benefit for the Department, is the ability to engage with a formalized structure regarding any taxi related issues and allow the Department to utilize this platform for engagement with the industry at large.

21 September 2018 - NW2550

Profile picture: Purdon, Mr RK

Purdon, Mr RK to ask the Minister of Environmental Affairs

With reference to the report (details furnished) that was provided to her by the Centre for Environmental Rights on 04 June 2018, (a) on what statutory grounds did she rely when she authorised two coal Independent Power Producers (IPPs) which will be two of the most greenhouse gas emission-intensive coal plants in the world to proceed with production contrary to the Government’s Nationally Determined Contribution under the Paris Agreement (details furnished), (b) what is her response to the claim that the coal plants are not needed and (c) what does authorising these coal IPPs mean for South Africa’s climate change policies and commitments under the Paris Agreement?

Reply:

a) Both, an official acting under delegated authority, and the Minister in general, exercise their powers in terms of sections 2, 24, 24E, 24K, 24N, 24O, respectively, of the National Environmental Management Act, 1998 and the Environmental Impact Assessment Regulations, when considering applications for environmental authorisations. There are no specific provisions that deal with climate change impact assessments per se, nor are guidelines currently available in respect of acceptable range, standards, or parameters against which the impacts of climate change can be measured.

In the absence of specific provisions that deal with climate change impact assessments, the Department also considered the Integrated Resource Plan for Electricity (‘IRP’) 2010-2030. The promulgated IRP 2010-2030 (2011) factors in an increase in generating capacity to meet future demand, incorporating provision for new coal-based generation, but with an emphasis on low-carbon energy sources, including nuclear power and renewables, to ensure that South Africa’s dependence on coal-based electricity generation is reduced. In line with this, the Independent Power Producers Procurement Program (IPPPP) has the mandate to procure energy from Independent Power Producers (IPP) aligned to the capacity allocated to different electricity generation sources in the IRP, including 2 500 MW from coal.

b) The cabinet approved Integrated Resource Plan (IRP) identified the preferred power generation mix required to meet expected electricity demand up to 2030. This includes a mix of power generation technologies to be pursued, including coal. The IRP was informed by, amongst other things, South Africa’s development priorities, cost of supply and demand balance required to meet the country’s electricity requirements.

c) South Africa’s Nationally Determined Contribution (NDC) is contextualised within its national circumstances and priorities, which considers both development needs and climate change imperatives. The NDC further specifies that, “in the short-term (up to 2025), South Africa faces significant rigidity in its economy, and any policy-driven transition to a low carbon and climate resilient society must take into account and emphasise its overriding priority to address poverty, unemployment and inequality”. The NDC should therefore be understood in the context of these national circumstances and priorities. Emissions from the two coal IPPs are within the “Peak, Plateau and Decline” range - taking the timetable for the retirement of the current plants into account. Thus, the approval of these two coal IPPs does not lead to South Africa contravening its commitment to the Paris Agreement.

---ooOoo---

21 September 2018 - NW2401

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Finance

(1)Whether the National Treasury intends to adjust the entry threshold for the payment of the skills development levy upwards annually in accordance with the annual salary increase rate; if not, why not; if so, (a) what are the relevant details in this regard and (b) what does the complete exposition of the planned entry threshold increase entail; (2) whether he has found that this policy position was rational and constitutional, based on the fact that small business owners have to pay higher increases and thus higher salaries annually; if not, what is the position in this regard; if so, what are the relevant details; (3) whether he will make a statement about the matter?

Reply:

1. Tax announcements are generally only made on Budget Day given the market sensitivity of such announcements. It will therefore not be appropriate to pre-empt the Budget process by making any announcement on any tax or levy before Budget Day. In preparing for the Budget, the National Treasury does review thresholds and rates for possible changes to be announced in the coming Budget.

2. I am not aware of what policy position the Honourable Member is referring to with regard to the skills levy or any formal requirement for small businesses to pay higher increases and salaries. I would welcome any further information on such requirements.

3. I only make any announcement on any changes to any threshold on Budget Day, to the extent that there are any such changes.

21 September 2018 - NW2687

Profile picture: Tshwaku, Mr M

Tshwaku, Mr M to ask the Minister of Basic Education

What number of (a) teachers and (b) principals in each province are (i) male and (ii) female?

Reply:

a) Number of (i) male and (ii) female teachers in each province.

PROVINCE

(b)(i)MALE TEACHERS

(b)(ii)FEMALE TEACHERS

TOTAL

EASTERN CAPE

11 450

35 007

46 457

FREE STATE

6 195

15 626

21 821

GAUTENG

15 959

49 405

65 364

KWAZULU-NATAL

21 560

65 813

87 373

LIMPOPO PROVINCE

17 020

29 419

46 439

MPUMALANGA

9 828

21 674

31 502

NORTH WEST

6 672

17 974

24 646

NORTHERN CAPE

2 650

6 900

9 550

WESTERN CAPE

7 675

19 549

27 224

Grand Total

99 009

261 367

360 376

Source: PERSAL, July 2018

Note: The figures reflect the number of teachers (Post Level 1-3) including Grade R teachers/Practitioners. They are not a reflection of the number of posts.

b) Number of (i) male and (ii) female principals in each province.

PROVINCE

(b)(i)MALE PRINCIPALS

(b)(ii)FEMALE PRINCIPALS

TOTAL

EASTERN CAPE

2 991

1 924

4 915

FREE STATE

619

299

918

GAUTENG

1 298

757

2 055

KWAZULU-NATAL

3 239

2 184

5 423

LIMPOPO PROVINCE

2 278

1 286

3 564

MPUMALANGA

1 031

565

1 596

NORTH WEST

823

527

1 350

NORTHERN CAPE

334

175

509

WESTERN CAPE

949

380

1 329

Grand Total

13 562

8 097

21 659

Source: PERSAL, July 2018

Note: The figure reflects Principals. They are not a reflection of the number of posts.

21 September 2018 - NW2572

Profile picture: Tshwaku, Mr M

Tshwaku, Mr M to ask the Minister of Basic Education

(1)(a) What is the total number of (i) deputy directors-general and (ii) chief directors that are employed in (aa) an acting and (bb) a permanent capacity in her department and (b) what is the total number of women in each case; (2) (a) what is the total number of (i) chief executive officers and (ii) directors of each entity reporting to her and (b) what is the total number of women in each case?

Reply:

DBE RESPONSE

(1) (a) Total number of:

(i) Deputy Directors-General: 8

(ii) Chief Directors employed in:

(aa) an acting capacity: 2

(bb) a permanent capacity: 14

(b) Total number of women in each case:

(i) Deputy Directors-General: 3

(ii) Chief Directors: 5

(2) (a) To be answered by the Office of the DG.

NW2862E

SACE RESPONSE

(1) (a) SACE does not have deputy director- general’s (ii) or chief directors on its approved organogram.

(bb) not applicable

(b) not applicable

(2) (a) (i) SACE has 1 Chief Executive Officer

(ii) Not applicable

(b) 01 – Chief Executive Officer

UMALUSI RESPONSE

(1) N/A to Umalusi.

(2) Umalusi management employees statistics are as follows for the period ending 31 August 2018:

Designation

(a) Total number

(b) Number of women

(i) Chief Executive Officers

1

0

Chief Directors / Executive Managers

3

2

(ii) Directors / Senior Managers

10

7

Total

14

9

21 September 2018 - NW2212

Profile picture: Singh, Mr N

Singh, Mr N to ask the Minister of Environmental Affairs

(a) Whether she will advise of the reasons why the update of the status of the norms and standards for leopards and hunting quotas have not yet been released and (b) by what date will the 2018 leopard hunting quotas be released?

Reply:

(a) The Department of Environmental Affairs (DEA) is finalising the assessment of comments received during the public participation process. Subsequently, the draft norms and standards for the management and monitoring of the hunting of leopard in South Africa for trophy hunting purposes will be processed for approval and implementation. Such a process will involve cooperative governance arrangements and consultations with Provinces, national departments like Agriculture Forestry and Fisheries and parliament.

(b) The 2018 leopard hunting quota has already been allocated and a media statement informing the public about this was published on 12 August 2018.

---ooOoo---

21 September 2018 - NW2350

Profile picture: Sonti, Ms NP

Sonti, Ms NP to ask the Minister of Finance

What has been the breakdown of tax revenue in terms of Personal Income Tax, Corporate Tax, Levies and Value-added Tax since 27 April 1994?

Reply:

The following data on tax revenue is available on the National Treasury website and is based on data published in past documents like the annual Budget Review and Tax Statistics (also available on the National Treasury and SARS websites).

Historical tax revenue collections are published each year in the statistical annexure of the Budget Review. The latest data for the fiscal years from 2000/01 onwards can be found on pages 192 to 195 of the 2018 Budget Review. In order to cover the full period requested, Budget Review tables from 2011 to 2018 were consulted, all of which are available on our website. Using this source, the table below shows the breakdown of tax revenue across the three main components of personal income tax, corporate income tax and value-added tax since the 1993/94 fiscal year, alongside total tax revenue collections (in R 000’s).

Fiscal year

Personal income tax

Corporate income tax

Value-added tax

Total tax revenue

1993/94

37,805

10,359

25,449

97,488

1994/95

44,973

11,961

29,288

113,775

1995/96

51,179

14,059

32,768

127,278

1996/97

59,520

16,985

35,903

147,332

1997/98

68,342

19,696

40,096

165,327

1998/99

77,734

20,388

43,985

184,786

1999/00

85,884

20,972

48,377

201,266

2000/01

86,478

29,492

54,455

220,119

2001/02

90,390

42,354

61,057

252,295

2002/03

94,337

55,745

70,150

281,939

2003/04

98,495

60,881

80,682

302,443

2004/05

110,982

70,782

98,158

354,979

2005/06

125,645

86,161

114,352

417,196

2006/07

140,578

118,999

134,463

495,549

2007/08

168,774

140,120

150,443

572,815

2008/09

195,146

165,539

154,343

625,100

2009/10

205,145

134,883

147,941

598,705

2010/11

226,925

132,902

183,571

674,183

2011/12

250,400

151,627

191,020

742,650

2012/13

275,822

159,259

215,023

813,826

2013/14

309,834

177,324

237,667

900,015

2014/15

352,950

184,925

261,295

986,295

2015/16

388,102

191,152

281,111

1,069,983

2016/17

424,545

204,432

289,167

1,144,081

2017/18

460,953

217,412

297,991

1,216,464

21 September 2018 - NW2532

Profile picture: Steenkamp, Ms J

Steenkamp, Ms J to ask the Minister of Environmental Affairs

(1)Did Recycling and Economic Development of South Africa purchase two shredders (details furnished); if so, (a) are these units located at the Anglo American Mogalakwena open-pit platinum mine site and Ferrobank and (b) who currently owns the specified machines; (2) (a) were the machines ever sold and/or leased to any private individual or company and (b) has any contract to lease/own or operate the machines ever been awarded to any individual or company; if so, what are the relevant details in each case; (3) (a) will the Waste Bureau be disposing of the two assets, (b) who operates each of the machines and (c) was any contract to supply waste tyres awarded to the operator of each of these machines; if so, (i) what is the tonnage of waste tyres allocated to each operator and (ii) who pays the owner/operator of the machine located at Implats; (4) whether she has found that the supply and operation of the shredders are imposing restrictive trade and business practices to any new entrants to the off-the-road processing, thereby compromising their ability to commercialise processing and provide employment; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

(1) (a)

Yes

(b)

The machines are owned by Recycling and Economic Development Initiative of South Africa (REDISA) (in liquidation).

(2) (a)

The department has no knowledge of the machines ever being sold and/or leased to a private individual or company.

(b)

The Waste Bureau through its service providers operates these machines at Mogalakwena mine and Ferrobank.

(3) (a)

No, the machines are owned by REDISA (in liquidation) and are under the control of the liquidators.

(b)

Waste Bureau is contracted with Waste Beneficiation which is a company that was contracted previously by Redisa currently in the use of the equipment on its behalf at Mogalakwena mine, and with TMT Projects and Consultations (Pty) Ltd for the equipment at Ferrobank depot.

(c) the contract was entered with after approval by national treasury.

(i)

The contract with Mogalakwena mine is for a maximum of 10 800 tons. There is no set maximum for Ferrobank depot.

(ii)

The Waste Bureau pays operators.

(4) The operation of the shredders is not imposing any restrictive trade and business practices to new entrants. The Waste Bureau is mandated to collect post-levy Off The Road (OTR) waste tyres from wherever they are generated and divert them away from landfills. The OTR waste tyres, due to their extra-large size, require downsizing before transportation (some OTR tyres require abnormal load vehicles for transportation) and further on-processing. The current waste tyre recycling operations are not designed to handle OTR waste tyres, hence it is important to downsize in order for them to be recycled. The Waste Bureau is therefore shredding post-levy OTR waste tyres so that they can be transported and recycled. As stipulated in Waste Tyre Regulations 2017, the owners of pre-levy historical stockpiles are responsible for the abatement of these stockpiles, and private sector participants can approach and assist the owners with the abatement of these stockpiles without the involvement of the Waste Bureau.

---ooOoo---

21 September 2018 - NW2265

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Basic Education

Whether, with regard to her media statement on 22 March 2018 (details furnished), her department has received the updated figures from the provincial education Members of the Executive Committee; if not, why not; if so, what are the updated figures?

Reply:

Yes, the Department has received the updated figures from the provincial education Members of the Executive Committee. Below is a table on the updated figures.

Table 1: Schools with pit latrines.

 

Schools with pit latrines ONLY and Unacceptable sanitation

Schools with proper sanitation but pits not demolished

Eastern Cape

1598

323

Free State

156

42

Gauteng

0

5

KwaZulu Natal

1365

1477

Limpopo

507

853

Mpumalanga

127

278

North West

145

47

Northern Cape

0

15

Western Cape

0

0

TOTALS

3898

3040

21 September 2018 - NW2267

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Basic Education

(1)What (a) are the names of the three companies that were allegedly paid more than R260 million in advance by her department to provide mobile classrooms, but did not deliver any (details furnished), (b) amount was paid to each company and (c) are the names of the schools where the mobile classrooms were meant to be delivered to; (2) were tenders issued for the classrooms before paying funds to the companies; if not, why not; if so, what are the relevant details; (3) whether (a) her department and/or (b) the provincial department of education took action to recover the money; if not, why not; if so, what was the nature of the action; (4) were any departmental officials investigated for the irregularity; if not, why not; if so, (a) what is the name of each official who was investigated and (b) what was the outcome of the investigations; (5) were any measures put in place to assist the schools that were supposed to receive classrooms but did not; if not, why not; if so, what measures were taken?

Reply:

(1)(2)(3)(4)(5):

Information received from the Eastern Cape Department of Education is that a preliminary investigation is currently being conducted by the Eastern Cape Office of the Premier and the Provincial Department of Public Works and the Eastern Cape Department of Education. The companies involved are Kwikspace, E-kwibuild and Parkhomes. The details of the amounts paid, schools affected, whether tenders were issued will be available as soon as the investigation is concluded and it is on the basis of the findings and recommendations that a determination will be made on the course of action.

21 September 2018 - NW2538

Profile picture: Matsepe, Mr CD

Matsepe, Mr CD to ask the Minister of Environmental Affairs

Who will (a) benefit from the additional shredding machines sourced by the Waste Management Bureau at significant cost and (b) be the recipient of the processing machines?

Reply:

a) The beneficiaries will be the citizens of South Africa through continued downsizing and recycling of OTR (Oversized Tire Reduction) waste tyres, irrespective of the outcome of the liquidation process.

b) The Waste Bureau is the recipient of the processing machines.

---ooOoo---

21 September 2018 - NW2215

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Finance

(1)With reference to his reply to question 1578 on 4 July 2018 regarding the Public Investment Corporation (PIC) and the Government Employees Pension Fund’s approval of a loan of R50 billion to Eskom, what are the due diligence criteria for PIC when a short-term loan is considered; (2) (a) is the specified due diligence criteria an accepted process which has been approved by the PIC board and (b) does the process correspond with industry acceptable investment criteria; (3) was a proper due diligence conducted in terms of the specified criteria on the R5 billion loan to Eskom; if not, what is the position in this regard; if so, (4) whether he can provide supporting documentation of this?

Reply:

(1) At the outset it should be noted that the loan amount was R5 billion and not R50 billion and the loan was paid back on 1 March 2018 with interest of approximately R30 million which accrued to the Government Employees Pension Fund (GEPF).

Similar to all other investments the loan to Eskom was subjected to the PIC’s investment processes, which is set out below:

Mandates and Mandate Fit

The PIC’s investment decisions are informed by the provisions of mandates entered into between the PIC and its clients. These mandates are approved by the FSB and, amongst others, they prescribe strategic asset allocations and the asset classes in which the PIC can invest, the risk parameters as well as portfolio limits, with the ultimate objective of generating sustainable returns for the clients on whose behalf the PIC invests.

It is a requirement that any transaction funded by the PIC should fit the mandate and any investment that is misaligned with the mandate cannot be funded. If a transaction fits the mandate, then it is subjected to a thorough due diligence process before an investment decision is taken.

Policies and Frameworks

All transactions are subject to various (Board-approved) PIC investment, compliance, risk and legal policies, as well as ESG frameworks, all of which are based on international best practice and are aligned with applicable legislation and regulations. The PIC also has an approved DOA Framework in place, delegating responsibilities for different transactions to a variety of role-players in the investment divisions (i.e. Listed, Unlisted and Property Investments), as well as to employees in Risk Management, Legal, Compliance, Corporate Affairs and Investment Support. The DOA also outlines the powers of the Board, as well as the committees of the Board and those of the Executive Directors.

Transaction Approval Process and Due Diligence

Once a transaction is presented to the PIC, it goes through an initial screening process to establish that it fits the mandate, is commercially viable and falls within acceptable risk parameters. If it meets these requirements, it is tabled at a Portfolio Management Committee (PMC) to seek authorisation to conduct due diligence. This committee is chaired by an Executive Director, and its members include a mix of Executive Heads of Divisions as well as other members of Senior Management.

The PMCs comprise of PMC Unlisted (for all transactions not listed on the stock exchange); PMC Listed (for all transactions listed on the stock exchange); and PMC Property Investments (that deal with real estate investments). Once the initial due diligence process has been concluded, the outcomes thereof are presented and discussed at a subsequent meeting of the respective PMC. Should the PMC at the meeting resolve that a transaction is worth pursuing, the PMC will recommend that a detailed due diligence be undertaken.

A comprehensive due diligence (financial, commercial, operational, legal, technical, legal and regulatory, and ESG) is undertaken and terms and conditions of the proposed investment are negotiated with the counterparty. The due diligence is conducted by the PIC and where appropriate, external service providers.

Based on the outcomes of the due diligence, the PMC may either approve the transaction if it is within its approval limits in terms of the PIC’s DOA, or reject the transaction. Where the value of the transaction is beyond the PMC’s approval authority, the PMC recommends it to the next level of approval. Depending on the type of investment (listed, unlisted or properties), the next level of approval could be any of the following committees: Fund Investment Panels (FIPs) (sub-committees of the Investment Committee), the Investment Committee, and the Board.

Transactions which present any risks of an ESG or reputational nature are also scrutinised by the Social and Ethics Committee of the Board, focusing on the ethical aspects thereof, as well as sustainability matters. These Board committees are comprised of a majority of Independent Non-Executive Directors and are also chaired by Independent Non-Executive Directors.

(2)(a) All PIC policies, due diligence criteria and delegations of authority are reviewed on an anual basis and approved by the PIC Board.

(2)(b) The PIC’s investment process, policies, due diligence criteria and delegations of authority correspond with industry acceptable investment criteria, both locally as well as internationally.

(3) A due diligence was conducted on the R5 billion loan to Eskom. Further to this it is also important to note that this loan was backed by a Guarantee from National Treasury.

(4) The PIC’s reports on investment decisions are confidential and cannot be made public.

21 September 2018 - NW2505

Profile picture: McLoughlin, Mr AR

McLoughlin, Mr AR to ask the Minister of Finance

What amount did each of the specified entities (details furnished) reporting to the National Treasury receive in income generated from the rental of land and/or properties they own (a) in each of the past five financial years and (b) since 1 April 2018?

Reply:

The specified entity reporting to the National Treasury (details furnished) did not receive any income from the rental of land or buildings. The only rental income received is from three entities for the installation and operation of electronic communication equipment at the Lehae le SARS property in Brooklyn.  

Income received for the past 5 years and from April 2018 until date is as follows:

2013/2014                           R65,736.54

2014/2015                           R102,135.57

2015/2016                           R110,306.54

2016/2017                           R121,699.54

2017/2018                           R122,668.32

April 2018 till date            R54,528.82

20 September 2018 - NW2540

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to his reply to question 458 on 8 March 2018, (a) who are the members of the respective Railway Safety Regulator Level Crossing Technical Committees in each province, (b) how were the members selected, (c) what criteria was used to select the members, (d) who selected the committee members in each case and (e) what is being done to ensure that all committees are functional going forward?

Reply:

a) Kindly refer to the attached Annexure A for a list of members of the Level Crossing Technical Committees in each province.

b) Invitation letters were sent to provincial Heads of Departments, requesting their departments’ participation in the level crossing committees. The letters further requested the HOD’s to nominate suitable personnel to attend the meetings. Refer to Annexure B

c) Refer to (b)

d) Depending on the agenda items for each committee, the committee would often identify more stakeholders to be invited to future committee meetings based on their role. An example of this would be identifying and inviting representatives from the Traffic Police, which would then assist with law enforcement pertaining to motorists and pedestrians when crossing a level crossing.

e) The organisation is currently in the process of resuscitating the committees across the country, with regions spear-heading the process. Gauteng had its first meeting for 2018 on 31 August. The meetings will be held quarterly.

20 September 2018 - NW2542

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) What tenders have been (i) issued and (ii) awarded by the Airports Company of South Africa in the past three financial years, (b) what are the reasons for the delay in awarding tenders in each instance, (c) to whom were the tenders awarded in each case, (d) why was the tender awarded to the successful bidder in each case, (e) what was the value of the tender that was awarded in each case and (f) when did each tender (i) commence and (ii) conclude?

Reply:

(a) (c) and (e) Answer – please refer to the attached listing

(b) and (d) Answer - The ACSA organisation, as a schedule 2 has adopted the PFMA and PPPFA regulation as a means of executing its procurement administration. These regulatory prescripts are in place to ensure that the procurement process is fair, equitable, transparent, competitive and cost effective.

Further the PPPPFA sets out the standards, including the evaluation process to be employed in the evaluation and the selection of the most suitable service provider whilst ensuring that the 5 pillars as set out in section 217A of the act are upheld. The evaluation criteria are defined by a team of subject matter experts.

ACSA has employed a three-bid committee system. These independent committees are assembled to ensure that the procurement process in the evaluation, recommendation and the final award is fair, transparent, competitive, equitable and cost effective. The evaluation criteria by its nature are set to determine a match against the set requirements, thus ensuring that the award to make to a supplier has the capacity and capability to undertake the contract of a defined magnitude. This holistic capacity and capability assessment is not only focused on the technical aspects, it also has a strong focus on the financial strength, legal standing, and many other aspects that are deemed necessary on a tender by tender basis.

Further to the above, ACSA has a performance management system in place. This system ensures a continuous evaluation of the performance of the service provider through the life span of the contract.

The process is administered by the SCM department with participation of nominated end users, with timelines defined per tender.

20 September 2018 - NW2487

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to the reply to question 673 on 23 April 2018 regarding already built infrastructure to date, (a) what infrastructure has already been built, (b) by what date was each completed in each instance, (c) what were the set completion dates against planned dates, (d) what monitoring mechanisms took place in each instance and (e) what (i) did each monitoring report indicate in respect of each location and (ii) were the deficiencies identified?

Reply:

(a) what infrastructure has already been built, (b) by what date was each completed in each instance, (c) what were the set completion dates against planned dates, (d) what monitoring mechanisms took place in each instance and (e) what (i) did each monitoring report indicate in respect of each location and (ii) were the deficiencies identified?

Plans/

Programme

Region

a)

Key Milestones

c)

Projected Completion Date

b)

Completion date

d)

Monitoring Mechanism Applied

e) i)

Results of monitoring report

e) ii)

Deficiencies identified

Re-Signalling Programme

KwaZulu/Natal (KZN)

 

07 Dec 2021

       
   

Phase 1: Pinetown line

Phase 1B - 15 Sept 2018

Phase 1A – 17 Dec 2017

Project Progress meetings;

December 2017 - commissioned

 
 

Western Cape (WC)

 

30 Jan 2020

       
   

Phase 1.2: Wynberg – Simonstown, Crawford – Diep River

30 Apr 2018

30 Apr 2018

Project Progress Meeting; Monthly report;

April 2018 commissioned except Simonstown that is delayed to Sep 2018

Theft and Vandalism is largely destabilizing the implementation

   

Phase 1.3: Salt River - Kenilworth

18 Mar 2018

2 Jul 2018

Project Progress Meeting; Monthly report;

July 2018 commissioned

Illegal encroachment into the Rail reserve. Security challenges prohibited to work on the central lines.

 

Gauteng

 

28 Feb 2021

       
   

Gauteng Nerve Centre (GNC)

22 May 2015

30 Nov 2015

Project Progress meetings;

Commissioned

 
   

Phase 1: Midway – Residentia

15 May 2015

31 Mar 2016

Project Progress Meeting; Monthly report

Commissioned

 
   

Phase 2: Kaalfontein – Leralla, Olifantsfontein – Irene

03 Dec 2015

28 Nov 2016

Project Progress meetings;

Commissioned

 
   

Phase 3: Randfontein – Roodepoort

05 Mar 2016

15 May 2017

Project Progress Meeting; Monthly report

Commissioned

 
   

Phase 4: Boksburg East – Springs, Daveyton – Alliance

11 May 2016

15 Dec 2017

Project Progress Meeting; Monthly report

Commissioned

 
   

Phase 5: George Goch – Geldenhuys, Benrose – Kaserne West, Booysens – Crown

3 Apr 2018

26 Jan 2018

Project Progress Meeting; Monthly report

BOY – CRN:

09 Dec 2018

Remainder January 2018 commissioned

 

Depot Modernisation

Wolmerton

Gauteng North

Phase 1 complete

Phase 2 in testing & commissioning scheduled for completion by end March 2018

31 Mar 2018

30 Jun 2018

Project Progress Meeting

Practical Completion certificate issued

Holistic planning for depot cannot be achieved if done in parts. Holistic plan for entire depot’s services will be done in Phase 3 Turnkey project.

20 September 2018 - NW2675

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Transport

With regard to the Transgression Notices issued by the Railway Safety Regulator on the Passenger Rail Agency of South Africa, what (a) is the total number of Transgression Notices that have been issued in each month in the past three financial years, (b) is the total number of Transgression Notices that have been appealed in each month, (c) was the reason for appeal in each case, (d) was the outcome of each appeal and (e) were the costs of each appeal case?

Reply:

CONTRAVENTION NOTICES and PENALTIES ISSUED TO PRASA IN THE PAST THREE FINANCIAL YEARS (2015 – 2017)

NO.

Year

No. of contravention notices issued

Appealed by PRASA

Reason for appeal

Outcome of appeal

Costs

General Comment

1.

2015

1 X Failure to comply with the Improvement Directive – Signalling Contravention

Yes

Dispute the alleged contravention – noncompliance to a directive

Penalty was suspended subject to conditions i.e corrective action plan

N/A

 

2.

2017

1 x Failure to comply with the Prohibition Directive- Abnormal working conditions contravention

Yes

Dispute the alleged contravention – noncompliance to a directive

Penalty imposed

R5 Million

 

NO.

Year

No. of contravention notices issued

Appealed by PRASA

Reason for appeal

Outcome of appeal

Costs

General Comment

3.

2018

1 X Operating without a safety permit

Yes

Dispute the alleged contravention notice – on the basis that PRASA requested an extension

Pending – matter still to be set down for a dispute hearing.

None at this stage

 

20 September 2018 - NW2428

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

Whether, with reference to the reply to question 949 on 9 April 2018, the report has been received yet; if not, what deadline has been set for the receipt of the report; if so, (a) when was the report received, (b) what are the (i) contents and (ii) recommendations of the report and (c) what action does he intend taking in this regard?

Reply:

Pursuant to the discussion between the Minister and the ACSA Board, it was agreed that the report be considered by the Board prior to submitting the report to the Minister, however, most of the Board members resigned prior to the consideration of the report by the Board. The report will be considered by the newly appointed Board.

a) The report has not been submitted.

b) Refer to (a) above.

(i) Refer to (a) above.

(ii) Refer to (a) above.

c) Refer to (a) above.

20 September 2018 - NW2251

Profile picture: Kruger, Mr HC

Kruger, Mr HC to ask the Minister of Small Business Development

(1)Whether any Enterprise Incubation Programmes for small businesses and cooperatives have been piloted in the (a) Thembisile Hani and/or (b) J S Moroka Local Municipalities in Mpumalanga (i) in each of the past five financial years and/or (ii) since 1 April 2018; if not, in each case, why not; if so, what are the details of the (aa) sectors in which the incubators are piloted, (bb) number of clients that benefitted from incubators, (cc) number of jobs created and (dd) names and addresses of each incubator; (2) whether any of the specified beneficiaries are supported by the (a) Small Enterprise Development Agency and/or (b) Small Enterprise Finance Agency; if so, what are the relevant details in each case?”

Reply:

(1)(a)&(b) No.

(i) &(ii) The Enterprise Incubation Programme (EIP) has been operational since 1 April 2016. Since being operational, the Department of Small Business Development (DSBD) has not piloted the EIP for small businesses and cooperatives in the identified municipalities. The Department has received one application from the Thembisile Hani Local Municipality. However, the application was not successful as it did not meet the requirements.

(aa),(bb),(cc) & (dd) Not applicable.

(2) Not applicable.

20 September 2018 - NW2201

Profile picture: Madisha, Mr WM

Madisha, Mr WM to ask the Minister of Transport

Whether he has launched any form of enquiry into the allegations that contracts were illegally awarded to certain politically connected persons (names and details furnished) for road maintenance, grass cutting and other services in the Government’s development programme to uplift emerging business people in the Free State; if not, why not; if so, what are the relevant details?

Reply:

The National Department of Transport has not received allegations regarding involvement of politically connected persons who were awarded contracts for road maintenance programme in the Free State Department of Police, Roads and Transport.

It is for that reason that no form of enquiry has been launched to this effect.

We would encourage the Honourable Member to give us information and relevant details, so that allegations can be investigated with immediate effect.

20 September 2018 - NW2725

Profile picture: Holomisa, Dr BH

Holomisa, Dr BH to ask the Minister of Trade and Industry

(1)Whether he has followed through to ensure that a certain case (details furnished) has been concluded in accordance with his instruction to the Chief Executive Officer of the National Credit Regulator (NCR); if not, why not; if so, what are the relevant details; (2) whether he intends to take any action against the NCR or Wesbank relating to the specified matter; if not, why not; if so, what are the relevant details?NW3017E

Reply:

1. Mr Mapeka referred his case to the National Consumer Tribunal alleging that Wesbank failed to sell his vehicle as soon as reasonably possible and at the best price reasonably possible. On 5 November 2009 the National Consumer Tribunal handed judgement wherein it directed the National Credit Regulator to investigate the matter and provide a report within three (3) months. The National Credit Regulator complied with the judgement and submitted the required report on 26 January 2010. Wesbank offered to write off the outstanding balance and delist Mr Mapeka at the credit bureaus. The offer was accepted by Mr Mapeka on 06 May 2010 and the matter was regarded as finalized.

Mr Mapeka subsequently sued Wesbank in the Bloemfontein High Court demanding compensation for pain and suffering caused by Wesbank. The Court dismissed his application. Mr Mapeka then approached the National Consumer Tribunal again seeking damages. On 11 November 2014 the National Consumer Tribunal dismissed Mr Mapeka’s case. When the Bloemfontein High Court and the National Consumer Tribunal dismissed his applications, Mr Mapeka, if still in disagreement with the judgements, should have referred his case to the Supreme Court of Appeal.

The NCR has no legal mandate to adjudicate over claims for damages concerning pain and suffering. Ordinary courts of law are the most appropriate fora to decide on such matters.

2. In dealing with Mr Mapeka’s case, the National Credit Regulator fully complied with its legislative mandate as per the National Credit Act 34 of 2005.

19 September 2018 - NW2523

Profile picture: Kalyan, Ms SV

Kalyan, Ms SV to ask the Minister of International Relations and Cooperation

What is South Africa’s position regarding the (a) alleged arbitrary firing of the Clerk of the Pan-African Parliament (PAP) and (b) refusal by the President of the PAP to implement a decision by the Executive Council of the African Union to lift the firing of the clerk and other staff members?

Reply:

(a) South Africa, like all African Union (AU) member states, desires to see the Pan-African Parliament (PAP) operating in a more effective way in order to better serve the people of Africa. South Africa’s position is that while the dismissal of the Clerk is an internal matter of the PAP, the decision of the Executive Council of the AU should be implemented, namely that the AU Commission should “initiate an urgent independent audit of PAP to be concluded by October 2018 and that “the President of PAP shall refrain from adopting decisions with regard to staff disciplinary measures without prior approval from the Chairperson of the AU Commission until the audit is completed”.

(b) In terms of this decision, the Permanent Representatives Committee (PRC) will “consider the Audit Report and conclude its consideration no later than 15 November 2018, and based on the findings take appropriate action and report back to the Executive Council at the January 2019 Summit”.

  • The Secretariat had indicated that the Bureau of the PAP has not yet made a decision on the question of reinstating the Clerk It is expected that the PRC, when considering the envisaged Audit Report, will decide on the future of the Clerk of the PAP.
  • Paragraph 5 (c) of the Investigation Report on Pan African Parliaments Recruitment states that the “President, APROB and Clerk of Parliament should ensure that the injustices perpetrated during the recruitment process concerning certain staff is corrected forthwith”.
  • Following the Executive Council Decision, the Department of International Relations and Cooperation sent a Note Verbale to the Secretariat of the PAP requesting the re-instatement of Tebogo Mhlongo, a South African national whose employment was terminated in June 2016.
  • Through a Note Verbale, dated 10 August 2018, the Secretariat of the PAP responded as follows:

Quote

“After consideration by the Bureau of the Pan-African Parliament, direction has been provided by the Bureau of the Pan-African Parliament and the Secretariat is in the process of processing it. The institution will ensure that it finalizes its reflection of the way forward of implementing the said Executive Council decision as soon as possible. Once the institutional position and options are determined, the Pan-African Parliament will be expected to consult with the African Union Commission, as indicated in the said decision and give a hearing to the concerned staff members to get their perspectives. Upon doing so implementation will commence upon receipt of funds to finance the implementation.

Unquote

19 September 2018 - NW2377

Profile picture: Mashabela, Ms N

Mashabela, Ms N to ask the Minister of International Relations and Cooperation

Whether any businesspersons accompanied the Government on any visits to foreign countries since 1 January 2018; if so, what are the relevant details of each visit?

Reply:

Honourable Member, no businesspersons have accompanied me, as Minister of International Relations and Cooperation, on any visits abroad.

19 September 2018 - NW2340

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Higher Education and Training

(1)(a) What is the total number of instances of corruption at each institution of higher learning in the country that have been reported to her department or which her department has been made aware of by the police in the 2017-18 financial year, (b) what are the reported allegations in each case, (c) was each allegation investigated, (d) what was the outcome of each investigation and (e) what is the name of each person who is implicated;

Reply:

1. (a) In terms of South African criminal law, corruption is defined as follows: Anybody who accepts any gratification from anybody else, or offers or gives any gratification (benefit) to anybody else in order to influence the receiver to conduct herself, himself or itself in a way, which amounts to the unlawful or irregular exercise of any duties.

Six cases of corruption at universities were reported to the Department in the 2017/18 financial year. The South African Police Services has not brought any cases to the attention of the Department.

It is important to note that this response does not include a variety of general complaints and allegations received by the Department in 2017/18 against institutions. These complaints are often of a vague nature and do not contain any evidence to support allegations of corruption. Such complaints have been referred to universities to investigate, and they have been requested to provide reports on these matters to the Department.

The details of the cases reported in the 2017/18 financial year are listed below.

Institution

(b) Cases reported

(c) Status of investigation

(d) Outcome

(e) Person(s) allegedly involved

1. University of Johannesburg (UJ)

  1. Activities and transactions relating to certain UJ commercial ventures.

The University concluded a forensic investigation.

Both persons have left the University. The University has laid criminal charges against the implicated persons and is implementing the recommendations of the forensic report.

The former Chairperson of Council Professor Marcus and the former Deputy Vice-Chancellor: Finance

Professor van Schoor.

 

2. UJ uncovered irregularities with regard to payments made to the President of their Convocation. The President of Convocation was a member of Council at the time and was paid for a service that he did not provide. He also failed to disclose his business interests to the University Council.

The University concluded a forensic investigation.

The President of the Convocation resigned from the UJ Council.

Mr Mbali Mkhonto.

 

3. Improper use of a credit card by the Vice-Chancellor.

The University concluded a forensic investigation.

The University is implementing the recommendations of the forensic report.

Former Vice-Chancellor, Prof Ihron Rensburg.

2. University of Venda (Univen)

4. During a monitoring visit to Univen at the end of August 2017, the Department discovered that there were a number of abandoned infrastructure projects. The Department queried the reasons for the contractors abandoning the projects, and due to the cost implications and the possibility of corruption allegations, requested Univen to investigate the matter.

In October 2017, the Univen Council instituted an independent forensic investigation into the abandoned infrastructure projects. The university has informed the Minister that the results of this investigation are currently being finalised and will be submitted to Council at its next meeting, after which the Minister will be fully informed of the outcome.

Awaiting the forensic report.

Awaiting the forensic report.

 

5. In early 2018, the Department was made aware that in 2017, Univen, through its investment company, the Univen Innovate Growth Company (UIGC), entered into various agreements with private companies to develop infrastructure at the university campus in Thohoyandou. Univen did not request Ministerial approval for the proposed developments as is required by Higher Education Act, and there were alleged irregularities in the process.

The Minister issued a directive to Univen in terms of section 42 of the Higher Education Act, instructing the Univen Council not to restart the process of procuring or developing any new infrastructure, including through the UIGC. The Minister informed Univen of her intention to appoint an Independent Assessor to undertake an investigation into the affairs of Univen in terms of section 44 of the Act and provided the university an opportunity to respond before acting.

Departmental officials are currently assessing Univen’s response to the Minister’s directive. The Minister will apply her mind to the matter and decide on further action once this assessment is complete.

UIGC, university management and Council.

3. University of KwaZulu-Natal (UKZN)

6. UKZN is conducting forensic investigations into admissions fraud at UKZN. This has also been reported to the HAWKS.

The investigation is ongoing.

Awaiting the outcome of the investigation.

Awaiting the outcome of the investigation.

19 September 2018 - NW2437

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Higher Education and Training

What is the (a) name of each investing company that has invested on land owned by (i) her department and (ii) each entity reporting to her and (b)(i) nature, (ii) value and (iii) length of each investment?

Reply:

(a) (i) None

(ii) None

(b) (i) None

(ii) None

(iii) None

19 September 2018 - NW2682

Profile picture: Mashabela, Ms N

Mashabela, Ms N to ask the Minister of International Relations and Cooperation

(a) What (i) number of international organisation is the Government a member of, (ii) are the names of the other countries who are members of the specified organisation and (iii) is the purpose of each organisation and (b) on what date did South Africa join each organisation?

Reply:

South Africa is a member of the principal multilateral bodies at the global, regional and sub-regional level. These are, the United Nations, the African Union and the Southern African Development Community and the Southern African Customs Union.

(a)(i) South Africa is represented in 40 international organisations and structures.

The balance of the question is addressed in each specified organisation listed.

The United Nations

(a)(ii) There are currently 193 member states of the United Nations. These are;

Afghanistan

Albania

 Algeria

Andorra

Angola

Antigua and Barbuda

Argentina

Armenia

Australia

Austria

Azerbaijan

Bahamas

Bahrain

Bangladesh

Barbados

Belarus

Belgium

Belize

Benin

Bhutan

Bolivia (Plurinational State of)

Bosnia and Herzegovina

Botswana

Brazil

Brunei Darussalam

Bulgaria

Burkina Faso

Burundi

Cabo Verde

Cambodia

Cameroon

Canada

Central African Republic

Chad

Chile

China

Colombia

Comoros

Congo

Costa Rica

Côte d'Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Democratic People's Republic of Korea

Democratic Republic of the Congo

Denmark

Djibouti

Dominica

Dominican Republic

Ecuador

Egypt

El Salvador

Equatorial Guinea

Eritrea

Estonia

Eswatini

Ethiopia

Fiji

Finland

France

Gabon

Gambia (Republic of The)

Georgia

Germany

Ghana

Greece

Grenada

Guatemala

Guinea

Guinea Bissau

Guyana

Haiti

Honduras

Hungary

Iceland

India

Indonesia

Iran (Islamic Republic of)

Iraq

Ireland

Israel

Italy

Jamaica

Japan

Jordan

Kazakhstan

Kenya

Kiribati

Kuwait

Kyrgyzstan

Lao People’s Democratic Republic

Latvia

Lebanon

Lesotho

Liberia

Libya

Liechtenstein

Lithuania

Luxembourg

Madagascar

Malawi

Malaysia

Maldives

Mali

Malta

Marshall Islands

Mauritania

Mauritius

Mexico

Micronesia (Federated States of)

Monaco

Mongolia

Montenegro

Morocco

Mozambique

Myanmar

Namibia

Nauru

Nepal

Netherlands

New Zealand

Nicaragua

Niger

Nigeria

Norway

Oman

Pakistan

Palau

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Qatar

Republic of Korea

Republic of Moldova

Russian Federation

Rwanda

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Samoa

San Marino

Sao Tome and Principe

Saudi Arabia

Senegal

Serbia

Seychelles

Sierra Leone

Singapore

Slovakia

Slovenia

Solomon Islands

Somalia

South Sudan

Spain

Sri Lanka

Sudan

Suriname

Sweden

Switzerland

Syrian Arab Republic

Tajikistan

Thailand

The former Yugoslav Republic of Macedonia

Timor-Leste

Togo

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turkmenistan

Tuvalu

Uganda

Ukraine

United Arab Emirates

United Kingdom of Great Britain and Northern Ireland

United Republic of Tanzania

United States of America

Uruguay

Uzbekistan

Vanuatu

Venezuela, Bolivarian Republic of

Viet Nam

Yemen

Zambia

Zimbabwe

(a)(iii) Purpose of the United Nations.

The UN Charter describes the Purposes of the United Nations as:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3. To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.

(b) South Africa was one of the 51 founding members of the United Nations and joined the organisation on 7 November 1945.

The African Union

(a)(ii) The African Union has 55 sovereign states that have ratified or acceded to the Constitutive Act of the African Union to become member states to the African Union (AU). The members are;

Algeria

Angola

Benin

Botswana

Burkina Faso

Burundi

Cabo Verde

Cameroon

Central African Republic

Chad

Comoros

Congo

Côte d'Ivoire

Democratic Republic of the Congo

Djibouti

Egypt

Equatorial Guinea

Eritrea

Eswatini (Swaziland)

Ethiopia

Gabon

Gambia (Republic of The)

Ghana

Guinea

Guinea Bissau

Kenya

Lesotho

Liberia

Libya

Madagascar

Malawi

Mali

Mauritania

Mauritius

Morocco

Mozambique

Namibia

Niger

Nigeria

Rwanda

Sahrawi Arab Democratic Republic (not a member of the United Nations)

Sao Tome and Principe

Senegal

Seychelles

Sierra Leone

Somalia

South Sudan

Sudan

Togo

Tunisia

Uganda

United Republic of Tanzania

Zambia

Zimbabwe

(a)(iii) Purpose of the African Union.

The main stated purpose of the AU is to;

  • To achieve greater unity and solidarity between the African countries and Africans.
  • To defend the sovereignty, territorial integrity and independence of its Member States.
  • To accelerate the political and social-economic integration of the continent.
  • To promote and defend African common positions on issues of interest to the continent and its peoples.
  • To encourage international cooperation, taking due account of the Charter of the United Nations and the Universal Declaration of Human Rights.
  • To promote peace, security, and stability on the continent.
  • To promote democratic principles and institutions, popular participation and good governance.
  • To promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments.
  • To establish the necessary conditions which enable the continent to play its rightful role in the global economy and in international negotiations.
  • To promote sustainable development at the economic, social and cultural levels as well as the integration of African economies.
  • To promote co-operation in all fields of human activity to raise the living standards of African peoples.
  • To coordinate and harmonize the policies between the existing and future Regional Economic Communities for the gradual attainment of the objectives of the Union.
  • To advance the development of the continent by promoting research in all fields, in particular in science and technology.
  • To work with relevant international partners in the eradication of preventable diseases and the promotion of good health on the continent.

(b) South Africa joined the Organisation of African Unity (OAU) on 6 June 1994, and became a member of the African Union at its launch in Durban on 9 July 2002.

Southern African Development Community (SADC)

(a)(ii) The Southern African Development Community currently has 16 members. These are;

Angola

Botswana

Comoros

Democratic Republic of Congo

Lesotho

Madagascar

Malawi

Mauritius

Mozambique

Namibia

Seychelles

Eswatini

United Republic of Tanzania

Zambia

Zimbabwe

(a)(iii) Purpose of SADC.

To promote sustainable and equitable economic growth and socio-economic development that will ensure poverty alleviation with the ultimate objective of its eradication, enhance the standard and quality of life of the people of Southern Africa and support the socially disadvantaged through regional integration.

(b) The Republic of South Africa acceded to the SADC Treaty on 29 August 1994

Southern African Customs Union (SACU)

(a)(ii) The Southern African Customs Union has 5 members. These are;

Botswana

Eswatini

Lesotho

Namibia

(a)(iii) The purpose of SACU.

To serve as an engine for regional integration and development, industrial and economic diversification, the expansion of intra-regional trade and investment, and global competitiveness.

(b) The Union of South Africa joined SACU on 29 June 1910.

United Nations Specialised Agencies

South Africa is also a member of the following United Nations Specialised Agencies. It should be noted that while South Africa is a member of these agencies, the specialised technical nature of the work undertaken by these bodies is dealt with by respective line function departments in South Africa. Individual member countries of the various institutions will not be listed individually, but the information is freely available on the web pages of the respective bodies.

(a)(ii) There are currently 16 specialised agencies. These are;

Food and Agriculture Organization (FAO)

(a)(ii) The current membership of the FAO is 195 countries.

(a)(iii) Purpose of the FAO.

The FAO is a specialized agency of the United Nations (UN), which leads international efforts to eliminate hunger with the objective of achieving food security and nutrition for all, and to ensure that people have regular access to food and nutrition. The FAO works in over 130 countries worldwide and has established their Sub-Regional office in Johannesburg, South Africa.

(b) South Africa joined the FAO on 16 October 1945.

International Civil Aviation Organization (ICAO)

(a)(ii) There are 192 ICAO members, consisting of 191 of the 193 UN members (all but Dominica, Liechtenstein), plus the Cook Islands.

(a)(iii) Purpose of the ICAO

ICAO's primary role is to provide a set of standards which will help regulate aviation across the world. It classifies the principles and techniques of international air navigation, as well as the planning and development of international air transport to ensure safety and security

(b) South Africa became a member of the ICAO in 1947, having ratified the Chicago Convention of 1944, on 1 March 1947.

International Fund for Agricultural Development (IFAD)

(a)(ii) There are currently 176 members of IFAD.

(a)(iii) Purpose of IFAD.

The United Nations International Fund for Agricultural Development (IFAD) is a specialised agency of the United Nations dedicated to eradicating rural poverty in developing countries. It was established as an international financial institution in 1977 as one of the major outcomes of the 1974 World Food Conference.

(b) South Africa became a member of IFAD on 14 February 1997.

International Labour Organization (ILO)

(a)(ii) The ILO currently has 187 member states, all of which are members of the United Nations.

(a)(iii) Purpose of the ILO.

The International Labour Organisation (ILO) is devoted to promoting social justice and internationally recognised human and labour rights, pursuing its founding mission that social justice is essential to universal and lasting peace. The ILO is the only tripartite U.N. agency that brings together governments, employers and workers representatives of 187 member States, to set labour standards, develop policies and devise programmes promoting decent work for all women and men. Today, the ILO's Decent Work agenda helps advance the economic and working conditions that give all workers, employers and governments a stake in lasting peace, prosperity and progress.

(b) South Africa was re-admitted as a member of the ILO on 26 May 1994. This followed a period of 30 years of isolation from international labour forums after the country withdrew from the ILO in 1964 as a result of political pressure.

International Maritime Organization (IMO)

(a)(ii) As of 2018, there are 173 member states of the IMO, which includes 172 of the UN member states plus the Cook Islands.

(a)(iii) Purpose of the IMO.

The International Maritime Organization (IMO) is a permanent international body devoted to improving safety at sea. The purposes of IMO are “to provide machinery for cooperation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate the general adoption of the highest practicable standards in   matters concerning maritime safety, efficiency of navigation and prevention and control of marine pollution from ships”. The Organization is also empowered to deal with administrative and legal matters related to these purposes.

(b) South Africa became a full member of the IMO in February 1995 after having observer status from 1948.

International Monetary Fund (IMF)

(a)(ii) The IMF currently has 189 member countries.

(a)(iii) Purpose of the IMF.

The International Monetary Fund (IMF) is an organization working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world.

(b) South Africa joined the IMF on 27 December 1945.

International Telecommunications Union (ITU)

(a)(ii) An organization based on public-private partnership since its inception, ITU currently has a membership of 193 countries and almost 800 private-sector entities and academic institutions.

(a)(iii) Purpose of the ITU.

The International Telecommunication Union (ITU) is an agency of the United Nations (UN) whose purpose is to coordinate telecommunication operations and services throughout the world. Originally founded in 1865, as the International Telegraph Union, the ITU is the oldest existing international organization. ITU headquarters are in Geneva, Switzerland.

(b) South Africa joined the ITU on 1 January 1910.

United Nations Educational, Scientific and Cultural Organization (UNESCO)

(a)(ii) There are 193 member states in UNESCO, including that of Palestine.

(a)(iii) Purpose of UNESCO.

UNESCO’s mission is to contribute to the building of peace, the eradication of poverty, sustainable development and intercultural dialogue through education, the sciences, culture, communication and information. The Organization focuses, in particular, on two global priorities: Africa and Gender equality.

(b) South Africa joined UNESCO on 12 December 1994.

The International Atomic Energy Agency (IAEA)

(a)(ii) The IAEA has 170 member states.

(a)(iii) Purpose of the IAEA.

The IAEA seeks to accelerate and enlarge the contribution of atomic energy to peace, health and prosperity throughout the world. It ensures that assistance provided by it or at its request or under its supervision or control is not used in such a way as to further any military purpose. The IAEA has two regional offices in Toronto and Tokyo, and two liaison offices in New York City and Geneva. The IAEA runs laboratories specialized in nuclear technology in Austria and Monaco.

(b) South Africa is a founding member of the IAEA which was established in 1957.

United Nations Industrial Development Organization (UNIDO)

(a)(ii) UNIDO currently has 168 member states.

(a)(iii) Purpose of UNIDO.

The mission of the United Nations Industrial Development Organization (UNIDO is to promote and accelerate inclusive and sustainable industrial development (ISID) in Member States.

(b) South Africa joined UNIDO on 24 October 2000.

Universal Postal Union (UPU)

(a)(ii) The UPU has 192 member countries.

(a)(iii) Purpose of the UPU.

The Universal Postal Union (UPU), established by the Treaty of Bern of 1874, is a specialized agency of the United Nations (UN) that coordinates postal policies among member nations, in addition to the worldwide postal system. Purpose of the UPU.

(b) South Africa joined the UPU on 22 August 1994.

World Bank

(a)(ii) The World Bank has 189 members.

(a)(iii) Purpose of the World Bank (IBRD)

The World Bank is an international financial institution that provides loans to countries of the world for capital projects. It comprises two institutions: the International Bank for Reconstruction and Development (IBRD), and the International Development Association (IDA). The organizations that make up the World Bank Group are owned by the governments of member nations, which have the ultimate decision-making power within the organizations on all matters, including policy, financial or membership issues. Member countries govern the World Bank Group through the Boards of Governors and the Boards of Executive Directors. These bodies make all major decisions for the organizations. To become a member of the Bank, under the IBRD Articles of Agreement, a country must first join the International Monetary Fund (IMF). Membership in IDA, IFC and MIGA are conditional on membership in IBRD.

(b) South Africa joined the World Bank on 27 December 1945.

World Health Organization (WHO)

(a)(ii) The WHO has 194 member states, most of which are UN members with the exception of the Cook Islands and Niue.

(a)(iii) What is the purpose of the WHO.

WHO's main functions can be described as to act as a directing and coordinating authority on international health work, to ensure valid and productive technical cooperation, and to promote research. The objective of WHO is the attainment by all peoples of the highest possible level of health

(b) South Africa was a founding member of the WHO in 1947.

World Meteorological Organization (WMO)

(a)(ii) There are 191 member states and territories in the WMO>

(a)(iii) Purpose of the WMO.

WMO provides world leadership and expertise in international cooperation in the delivery and use of high-quality, authoritative weather, climate, hydrological and related environmental services by its Members, for the improvement of the well-being of societies of all nations

(b) South Africa joined the WMO after its establishment on 23 March 1950.

World Tourism Organization (UNWTO)

(a)(ii) The UNWTO currently has 158 member states, all of which are members of the United Nations.

(a)(iii) Purpose of the UNWTO.

The World Tourism Organization (UNWTO) is the United Nations agency responsible for the promotion of responsible, sustainable and universally accessible tourism. As the leading international organization in the field of tourism, UNWTO promotes tourism as a driver of economic growth, inclusive development and environmental sustainability and offers leadership and support to the sector in advancing knowledge and tourism policies worldwide. The UNWTO Regional Commission for Africa (CAF) seeks to leverage tourism as a catalyst for economic development on the African continent.

(b) South Africa joined the United Nations World Tourism Organisation in 1994.

World Intellectual Property Organisation (WIPO)

(a)(ii) The World Intellectual Property Organization (WIPO) is one of the 16 specialized agencies of the United Nations. WIPO currently has 191 member states.

(a)(iii) Purpose of the WIPO.

WIPO promotes the protection of intellectual property throughout the world through cooperation among states and, where appropriate, in conjunction with other international organizations. Amongst other things, WIPO encourages the conclusion of new international treaties and the modernization of national legislation; gives technical assistance to developing countries; assembles and disseminates information; assists in obtaining protection of inventions, marks and industrial designs for which protection in several countries is desired; and promotes administrative cooperation among member states.

(b) South Africa became a member of WIPO on 23 March 1975.

Treaty Bodies

South Africa is also a member of a range of United Nations human rights treaty Bodies. These are;

  • International Covenant on Civil and Political Rights (ICCPR)

(a)(ii) The ICCPR has 167 state parties.

(a)(iii) The ICCPR’s purpose is that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, and to promote universal respect for, and observance of, human rights and freedoms.

  1. South Africa ratified the ICCPR on 10 December 1998, and the Optional Protocol (on abolishing the death penalty) on 28 August 2002.
  • International Covenant on Economic, Social and Cultural Rights (ICESCR)

(a)(ii) The ICESCR has 160 state parties.

(a)(iii) The International Covenant on Economic, Social and Cultural Rights (ICESCR) together with its sister Covenant, the International Covenant on Civil and Political Rights (ICCPR), and the Universal Declaration, form the International Bill of Human Rights. The ICESCR was adopted by the General Assembly on 16 December 1966. The Covenant reflects the commitments adopted after World War II to promote social progress and better standards of life, reaffirming faith in human rights and employing the international machinery to that end. Since the ICESCR is an international human rights treaty, it creates legally binding international obligations to those States that have agreed to be bound by the standards contained in it.

  1. South Africa ratified the ICESCR on 12 January 2015.
  • Convention on the Elimination of Racial Discrimination (CERD)

(a)(ii) The CERD has 175 state parties.

(a)(iii) Parties to the ICERD condemn racial discrimination’ and commit ‘to the elimination of racial discrimination in all its forms.’ States promise to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law.

(b) South Africa ratified the CERD on 10 December 1998.

  • Convention on the Elimination of Discrimination against Women (CEDAW)

(a)(ii) The CEDAW has 187 state parties.

(a)(iii) The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women.  Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."

(b) South Africa ratified the CEDAW on 15 December 1995.

  • Convention against Torture (CAT)

(a)(ii) The CAT has 153 state parties.

(a)(iii) United Nations Convention against Torture (UNCAT) is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention requires states to take effective measures to prevent torture in any territory under their jurisdiction, and forbids states to transport people to any country where there is reason to believe they will be tortured.

(b) South Africa ratified the CAT on 10 December 1998.

  • Convention on the Rights of the Child (CRC)

(a)(ii) The CRC has 193 state parties.

(a)(iii) The Convention on the Rights of the Child (CRC) is a human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. Nations that ratify this convention are bound to it by international law. Compliance is monitored by the UN Committee on the Rights of the Child, which is composed of members from countries around the world. Once a year, the Committee submits a report to the Third Committee of the United Nations General Assembly, which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child.

(b) South Africa ratified the CRC on 16 June 1995.

  • Convention on the Rights of Persons with Disabilities (CRPD)

(a)(ii) The CRPD has 129 state parties.

(a)(iii) The CRPD Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. It clarifies and qualifies how all categories of rights apply to persons with disabilities and identifies areas where adaptations have to be made for persons with disabilities to effectively exercise their rights and areas where their rights have been violated, and where protection of rights must be reinforced.

(b) South Africa ratified the CRPD on 30 November 2007.

Other international bodies, treaties and structures

(a)(ii) The Commonwealth

The Commonwealth consists of 53 members including: 19 African members, 7 Asian members, 13 members from the Caribbean and the Americas, 3 members from Europe and 11 members from the Pacific. Membership include countries amongst the world’s largest, smallest, richest and poorest countries, and were those that had historical linkages with the United Kingdom. More recently, newer members, like Rwanda, have no such historical linkage, but see benefit in the association. Thirty-one (31) members are classified as small states.

Africa

Asia

Caribbean

Europe

Pacific

(a)(iii) The Commonwealth supports member countries to achieve development, democracy and peace and provides a voice for small and vulnerable states and acts as a champion for young people.

The Organisation helps to strengthen governance, build inclusive institutions and promote justice and human rights. Its work includes, growing economies, boosting trade, empowering young people, and addressing threats such as climate change, debt and inequality.

The Commonwealth also provides training and technical assistance and support decision-makers to draw up legislation and deliver policies. It deploys experts and observers who offer impartial advice and solutions to national problems and also provides systems, software and research for managing resources.

(b) South Africa re-joined the Commonwealth in 1994.

World Trade Organisation

(a)(ii) The WTO has 164 members, and 23 observers.

(a)(iii) Purpose of the WTO.

The World Trade Organization (WTO) is the international organization that oversees trade among member nations and acts as a forum for governments to negotiate trade agreements and settle trade disputes under a system of rules and procedures. Its aim is to increase world trade by lowering barriers to the international sale of goods and services, including intellectual property. The WTO was formed on January 1, 1995, replacing the postwar multilateral trading order under the General Agreement on Tariffs and Trade (GATT) with a more formal institutional arrangement. Headquartered in Geneva, Switzerland.

The WTO, as the only global international organisation dealing with the rules of trade between states, convenes its topmost decision-making body, the Ministerial Conference, every two years as mandated by the Marrakesh Agreement establishing the WTO. The WTO provides the multilateral framework of rules governing international trade relations, an essential mechanism for preventing and resolving trade disputes, and a forum for addressing trade related issues that affect all WTO members. The Ministerial Conference is empowered to take decisions on all matters under any of the multilateral trade agreements.

(b) South Africa was a member of the GATT and participated in the Uruguay Round of negotiations. The country ratified the Marrakesh Agreement in December 1994 and thus became a founding member of the WTO when the Organisation was established.

International Union for the Protection of new Varieties of Plants (UPOV)

(a)(ii) The UPOV currently has 75 members.

(a)(iii) Purpose of the UPOV.

The purposes of the UPOV Convention are to oblige member states of the Union to recognise and secure to breeders of new plant varieties an industrial property right (plant breeder's right), to harmonise such rights and to encourage cooperation between member states in their administration of such rights.

(b) South Africa joined the UPOV on 6 November 1977.

International Organisation for Migration (IOM)

(a)(ii) The IOM currently has 172 members.

(a)(iii) Purpose of the IOM.

As the leading international organization for migration, IOM acts with its partners in the international community to:

  • Assist in meeting the growing operational challenges of migration management.
  • Advance understanding of migration issues.
  • Encourage social and economic development through migration.
  • Uphold the human dignity and well-being of migrants.

(b) South Africa joined the IOM on 22 October 1997.

Antarctic Treaty System

(a)(ii) The total number of Parties to the Treaty is 53.

(a)(iii). Purpose of the Antarctic Treaty System.

The Antarctic Treaty was signed in Washington on 1 December 1959 by the twelve countries whose scientists had been active in and around Antarctica during the International Geophysical Year (IGY) of 1957-58. It entered into force in 1961. Some important provisions of the Treaty are:

Antarctica shall be used for peaceful purposes only (Art. I)

Freedom of scientific investigation in Antarctica and cooperation toward that end … shall continue (Art. II).

Scientific observations and results from Antarctica shall be exchanged and made freely available (Art. III).

(b) The Treaty was signed on 1 December 1959 and entered into force on 12 June 1961.

The Organisation of Vine and Wine (OIV)

(a)(ii) The OIV has 46 member states.

(a)(iii) Purpose of the OIV.

The OIV is an intergovernmental organisation of a scientific and technical nature of recognised competence for its works concerning vines, wine, wine-based beverages, table grapes, raisins and other vine-based products.

(b) South Africa joined the OIV when it went into effect on 1 January 2004.

International Organisation for Standardisation (ISO)

(a)(ii) The ISO has 162 members.

(a)(iii) Purpose of the ISO.

The ISO is a world-wide federation of national standards bodies. The aim of the ISO is to promote the development of standardisation and related activities in the world with a view to facilitating the international exchange of goods and services and to develop cooperation in the spheres of intellectual, scientific, technological and economic activity. The scope of the ISO covers standardisation in all fields except electrical and electronic engineering standards, which are the responsibility of the International Electrotechnical Commission (IEC). The ISO brings together the interests of producers, users, governments and the scientific community in preparation for International Standards.

(b) South Africa joined the International Organization for Standardization (ISO) in 1946 as one of 25 founding members.

World Organisation for Animal Health (OIE)

(a)(ii) The OIE currently has 182 members.

(a)(iii) Purpose of the OIE

The need to fight animal diseases at global level led to the creation of the Office International des Epizooties through the international Agreement signed on January 25th 1924. In May 2003 the Office became the World Organisation for Animal Health but kept its historical acronym OIE. The OIE is the intergovernmental organisation responsible for improving animal health worldwide.

(b) South Africa joined the OIE on 7 November 1945.

Bureau of International Expositions (BIE)

(a)(ii) The BIE currently has 170 members.

(a)(iii) The purpose of the BIE.

The BIE is the Intergovernmental Organisation in charge of overseeing and regulating all international exhibitions that last more than three weeks and are of non-commercial nature ("Expos"). Today, 4 main types of Expos are organised under its auspices: World Expos, Specialised Expos, Horticultural Expos and the Triennale di Milano. 

(b) South Africa joined the BIE on 1 September 1993.

International Renewable Energy Agency (IRENA)

(a)(ii) There are currently 158 member states with a further 24 states in the process of accession.

(a)(iii). Purpose of IRENA

IRENA is an intergovernmental organisation that supports countries in their transition to a sustainable energy future, and serves as the principal platform for international cooperation, a centre of excellence, and a repository of policy, technology, resource and financial knowledge on renewable energy.  IRENA promotes the widespread adoption and sustainable use of all forms of renewable energy, including bioenergy, geothermal, hydropower, ocean, solar and wind energy in the pursuit of sustainable development, energy access, energy security and low-carbon economic growth and prosperity. With a mandate from countries around the world, IRENA encourages governments to adopt enabling policies for renewable energy investments, provides practical tools and policy advice to accelerate renewable energy deployment, and facilitates knowledge sharing and technology transfer to provide clean, sustainable energy for the world’s growing population.

(b) South Africa is a founding member of IRENA, signing the Statute on 17 January 2010, with ratification on 17 October 2010.

The Organisation for the Prohibition of Chemical Weapons (OPCW)

(a)(ii) The OPCW currently has 193 member states.

(a)(iii) Purpose of the OPCW.

The Organisation for the Prohibition of Chemical Weapons is the implementing body of the Chemical Weapons Convention (CWC), which entered into force in 1997. The OPCW has 193 Member States, who are working together to achieve a world free of chemical weapons.

The OPCW Member States share the collective goal of preventing chemistry from ever again being used for warfare, thereby strengthening international security. To this end, the Convention contains four key provisions:

•destroying all existing chemical weapons under international verification by the OPCW;

•monitoring chemical industry to prevent new weapons from re-emerging;

•providing assistance and protection to States Parties against chemical threats; and

•fostering international cooperation to strengthen implementation of the Convention and promote the peaceful use of chemistry.

(b) South Africa ratified the OPCW on 13 September 1995 and joined the body when it came into force on 29 April 1997.

The Arms Trade Treaty (ATT)

(a)(ii) The ATT currently has 97 states parties and 130 signatory states.

(a)(iii) Purpose of the ATT.

The Arms Trade Treaty (ATT) is an international treaty that regulates the international trade in conventional arms and seeks to prevent and eradicate illicit trade and diversion of conventional arms by establishing international standards governing arms transfers.

(b) South Africa’s instrument of ratification was deposited on 22 December 2014 and came into effect on 24 December 2014.

Comprehensive Nuclear Test-Ban Treaty Organization (CTBTO)

(a)(ii) The CTBTO has 183 Member States, although the Treaty has not yet entered into force.

(a)(iii) The Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization (CTBTO) was established by the States Signatories to the Comprehensive Nuclear Test-Ban Treaty on 19 November 1996 and has its headquarters in Vienna, Austria. The objective of the CTBTO is to achieve the object and purpose of the Treaty, namely to ban nuclear test explosions and to provide a forum for consultation and cooperation among Member States.

(b) South Africa signed the Treaty in 1996 and ratified it in 1999.

19 September 2018 - NW2360

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Mashabela, Ms N to ask the Minister of International Relations and Cooperation

Have there been any businesspersons on the foreign delegations who have visited the country on diplomatic visits since 1 January 2018; if so, (a) what are the names of the businesspersons and (b) which foreign delegation did each businessperson accompany?

Reply:

There has not been any businessperson who accompanied me abroad as Minister of International Relations and Cooperation.

19 September 2018 - NW2400

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Alberts, Mr ADW to ask the Minister of International Relations and Cooperation

(1)Whether, in view of her department’s mandate to manage and implement international relations and co-operation, she has been informed that land ownership around Mpumalanga and other parts of the country has been contested by external parties before the land reform programme started; if not, what is the position in this regard; if so, what are the relevant details; (2) did the Government at any stage engage the Kingdom of eSwatini about land and border issues since 27 April 1994; if not, what is the position in this regard; if so, what are the relevant details; (3) what was the (a) purpose or objective of the commission that was set up by the Government in 2006 (details furnished) to discuss land and border matters with their counterparts from eSwatini and (b) outcome of those talks; (4) what was the outcome of the various Diplomatic Notes sent between the United Kingdom, the Republic of South Africa and the Kingdom of eSwatini, between 1966 and 1969, requesting that borders between the two countries be defined; (5) whether she will make a statement on the matter?

Reply:

(1) Yes, I have been informed and I am aware that the Government of Kingdom of eSwatini has over the years submitted claims on some parts of South Africa’s territory. South Africa’s position on such cases will be informed by:

i) South Africa’s Constitution (Schedule 1A) defines the territory of the Republic.

ii) The OAU 1964 Resolution AHG/Res.16 (1) on colonial borders, as well as the AU Constitutive Act 2001, Article 4(b), and

iii) International Law.

(2) Yes, at the request of the Kingdom of eSwatini, the South African Government has since 1994 engaged them on their land and border claims. In this regard, the two governments engaged with a view to resolving the land and border matters.

(3) (a) In 2005, the then Minister of Foreign Affairs, established the South African International Boundaries Committee (SAIBC) to investigate the land and border claims by the Kingdom of eSwatini. In this regard, the SAIBC had met with the Swaziland Border Restoration Committee (BRC) on several occasions to discuss the land and border matters.

(b) The outcomes of those meetings resulted in both sides restating their positions on the land and border dispute. The SAIBC presented its report to the then Minister of Foreign Affairs, subsequent to which, the then Minister, disbanded the SAIBC.

(4) It has proven difficult to find such material and to even determine the location where the information may be kept, considering that the diplomatic notes referred to, date back from the period between 1966 and 1969.

(5) No.      

18 September 2018 - NW2703

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Khawula, Mr M to ask the Minister of Women in the Presidency

What (a) programmes to assist female victims of violence and abuse do her department and the entities reporting to her currently have in place and (b) is the purpose of each programme?

Reply:

The Department since 2016 has been rolling out National Dialogues on violence against women and children (VAWC) to better understand the lived experiences of various communities given the uniqueness of their context. So far, dialogues have been held in Limpopo, Mpumalanga, Northern Cape, Eastern Cape, North West and Western Cape as part of the 365 Days of Activism programme. This is a programmatic approach to raising awareness on violence against women.

The Department of Women (DoW) has made concerted efforts to engage various stakeholders particularly men’s organisations to partner with the Department as advocates for no VAWC. During the month of August, the Department also hosted a series of dialogues with women across all sectors. These included women in business, women living in rural areas, women in academia and a dialogue with men and boys. On the 9th of August, the department launched the Gender Based violence Robot to heighten awareness on early warning signs of domestic violence. The Robot has contact details of services available for victims of violence.

The dialogues are implemented in partnership with Premiers offices and local civil society organisations (CSOs) to ensure continuity and sustainability of community based interventions developed dialogue events by the Province, municipalities and implementing partners.

DoW is also a member of the Inter-Ministerial Committee (IMC) on the Root Causes of Violence against Women and Children which was established by the Cabinet in May 2012 to develop a comprehensive strategy to deal with this scourge. A Program of Action (POA) emanating from the work of this Committee, has been developed and is currently under review to close gaps identified though a diagnostic review process.

The Minister is in the process of reinstating the Gender Based Violence Council which will include government, NGOs, NPOs, and business so that we can have co-ordinated programs as per the CEDAW, AU and SADC protocol.

We are also trying to develop new indicators for reporting on crimes against women because presently crimes that are reported are those that are in the police systems.

A well-coordinated and reconfigured gender mainstreaming will help us to respond to all forms of violence and discrimination against women.

________________________

Ms BO Dlamini, MP

Minister in the Presidency Responsible for Women

Date:

18 September 2018 - NW2636

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Steyn, Ms A to ask the Minister of Agriculture, Forestry and FisheriesQUESTION

(1)        Whether his department drafted new inspection regulations on food safety; if so, (a) what are the relevant details of the new regulations, (b) what is the intended specific purpose of each regulation, (c) which industries are affected by the new regulations, (d) how will the implementation of the new regulations be monitored and (e) what will the cost impact be on industry; (2) has his department put any measures in place to mitigate the cost impact; if not, what is the position in this regard; if so, what are the relevant details; (3) whether industry stakeholders were consulted prior to the promulgation of the new food safety regulations; if not, why not; if so, what are the relevant details? NW2924E

Reply:

(1) The department has not recently drafted any new inspection regulations on food safety. The only food safety legislation administered by the department is the Meat Safety Act (Act No. 40 of 2000). The other food safety legislations are administered by the National Department of Health (NDoH) and the National Regulator for Compulsory Specifications (NRCS) which is an entity under the Department of Trade and Industry (the dti).

18 September 2018 - NW2587

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Xalisa, Mr Z R to ask the Minister of Environmental Affairs

(1) (a)What is the total number of (i) deputy directors-general and (ii) chief directors that are employed in (aa) an acting and (bb) a permanent capacity in her department and (b) what is the total number of women in each case; (2) (a) what is the total number of (i) chief executive officers and (ii) directors of each entity reporting to her and (b) what is the total number of women in each case?

Reply:

Department of Environmental Affairs

1. (a) (i) 8 Deputy Directors-General

   (a) (ii) 35 Chief Directors

(aa) 0 Deputy Director-General and 3 Chief Director’s acting

(bb) 6 Deputy Director-General and 34 Chief Director’s permanent

(b) 4 Deputy Director-General and 15 Chief Director’s women

iSimangaliso Wetland Park Authority

(2) (a) (i) One - Male

(ii) 7 (of which 4 are currently vacant)

(2) (b) 2 women

South African National Parks (SANParks)

(2) (a) (i) One - Male

(ii) 356

(2) (b) 137 women

South African National Biodiversity Institute (SANBI)

(2) (a) (i) One - Women

(ii) 31

(2) (b) 16 women

South African Weather Service (SAWS)

(2) (a) (i) One - Male

(ii) 19

(2) (b) 8 women

---ooOoo---

18 September 2018 - NW2659

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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:

18 September 2018 - NW2567

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Mkhaliphi, Ms HO to ask the Minister of Home Affairs

(1)(a) What is the total number of (i) deputy directors-general and (ii) chief directors that are employed in (aa) an acting and (bb) a permanent capacity in his department and (b) what is the total number of women in each case; (2) (a) what is the total number of (i) chief executive officers and (ii) directors of each entity reporting to him and (b) what is the total number of women in each case?

Reply:

Department of Home Affairs

(1)(a)(i) Total number of Deputy Director-Generals employed in:

(1)(a)(i)(aa) An acting capacity: 3, of which 1 is a woman; and

(1)(a)(i)(bb) A permanent capacity: 4, of which 1 is a woman.

(1)(a)(ii) Total number of Chief Directors employed in:

(1)(a)(ii)(aa) An acting capacity: 3, of which 3 are woman; and

(1)(a)(ii)(bb) A permanent capacity: 28, of which 5 are woman.

(2)(a)(i)(b) Total number of Chief Executive Officers: 1 x Director-General (1 male, in an acting capacity); and

(2)(a)(ii)(b) Total number of Directors reporting to Minister: 0.

Electoral Commission

(1)(a)(i) 3 Deputy Chief Electoral Officers (equivalent of Deputy Director-General)

(1)(a)(i)(aa) None

(1)(a)(i)(bb) 3

(1)(b) 2

(1)(a)(ii) 16 Senior Managers (Equivalent of Chief Director)

(1)(a)(ii)(aa) 2

(1)(a)(ii)(bb) 14

(1)(b) 6

(2)(a)(i) 1 Chief Electoral Officer (Equivalent of Chief Executive Officer)

(2)(b)(i) None

(2)(a)(ii) 4 Commissioners (Equivalent of Board of Directors)

(2)(b)(ii) 1

Government Printing Works

(1)(a)(i) 4 Deputy Director-Generals (DDG)

(1)(a)(ii) 6 Chief Directors

(1)(a)(aa) 2

(1)(a)(bb) 8 (2 DDGs and 6 Chief Directors)

(1)(b) 6 (3 DDGs and 3 Chief Directors)

(2)(a)(i) 1

(2)(a)(ii) 0

(2)(b) 1

18 September 2018 - NW2571

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Mokoena, Mr L to ask the MINISTER OF ARTS AND CULTURE”

1. (a) What is the total number of (i) Deputy Directors-General and (ii) Chief Directors that are employed in (aa) an acting and (bb) a permanent capacity in his department and (b) what is the total number of women in each case; 2. (a) What is the total number of (i) Chief Executive Officers and (ii) Directors of each entity reporting to him and (b) what is the total number of women in each case? NW2861E

Reply:

1(a)(i) 4 x Deputy Directors-General

(aa). 1 x Acting Capacity

(bb). 3 x Permanent Capacity

(a)(ii). 19 x Chief Directors

(aa). 1 x Acting Capacity

(bb). 9 x Permanent Capacity

1(b). 2 x women Deputy Directors-General:

5 x women Chief Directors

 

As per the Cultural Institutions Act of 1998 The Accounting Officers are classified as Directors.

2(a)(i). 11 x Chief Executive Officers:

(ii). 14 x Directors:

(b). 05 x women Chief Executive Officers

06 x women Directors

18 September 2018 - NW2534

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Steenkamp, Ms J to ask the Minister of Environmental Affairs

Whether the Waste Bureau will be willing to spend 1.2 million € to provide a shredder to a certain company (name furnished) to commercialise off-the-road tyre processing at mine sites; if so, what amount will the company be paid for each kilogramme of shredded tyres?

Reply:

The Waste Bureau may consider providing pre-processing equipment to any of its service providers following the requisite procurement processes. The amount payable will be determined by the Tender Committee after evaluating the cost implications for such companies to provide the required services to the Waste Bureau.

---ooOoo---

18 September 2018 - NW2606

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Matiase, Mr NS to ask the Minister of Finance

What (a) number of Government’s suppliers had not been paid for six months as at 1 September 2018, (b) are the names of each supplier owed and (c) amount is each owed?

Reply:

a) The National Treasury do not maintain or have information on the number of Government’s suppliers not paid for six months as at 1 September 2018. Such information may only be obtained individually from the respective departments, constitutional institutions and public entities. The government financial system is only in place to determine when national and provincial departments have effected payments on the Basic Accounting System (BAS).

b) Information not available as stated above

c) Information not available as stated above.

18 September 2018 - NW2535

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Hadebe, Mr TZ to ask the Minister of Environmental Affairs

With regard to Tyre Derived Fuel (TDF) suppliers, (a) who currently processes and supplies TDF to cement kilns, (b) who are the contracted TDF suppliers, (c) what offtake agreement is in place for TDF, (d) what amount is charged to each cement kiln per ton of TDF delivered to site, and (e) who transports the TDF to the cement kilns?

Reply:

a) To the best of my knowledge, only the Waste Bureau is providing TDF to cement kilns, and this is currently in the form of whole passenger tyres.

b) See (a) above.

c) The Waste Bureau is currently contracted with cement kilns as part of the approvals that were received from Treasury to be able to contract with service providers/operators that were previously contracted with the Recycling and Economic Development Initiative of South Africa (REDISA) for a period of one year; and the contracts with cement kilns stipulate the quantities to be supplied, and this differs for each facility.

d) The Waste Bureau currently supplies whole passenger tyres to cement kilns (unprocessed), and there is no charge for this; the contract with cement kilns included a payment of R310 per ton of waste tyres co-processed in the kilns for the period from 01 October 2017 to 31 March 2018, and no payment from 01 April 2018 onwards.

e) The Waste Bureau transports waste tyres to cement kilns at its own cost.

---ooOoo---

18 September 2018 - NW2647

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Mileham, Mr K to ask the Minister of Finance

Whether each (a) municipal manager and (b) chief financial officer of each municipality in the country meet the minimum competencies as specified in regulations 15 and 18 of the Municipal Regulations on Minimum Competency Levels; if not, in each case, (i) why not, (ii) which municipal managers and/or chief financial officers do not meet the minimum competencies and (iii) what steps have been taken to enforce compliance with these regulations?

Reply:

a) Not all municipal managers and chief finance officers in municipalities are compliant with the regulations, which is subject to on-going discussion, monitoring and reporting between national government, provinces and municipalities.

b) The Table 1 below indicates the levels of compliance for 257 municipalities across the nine provinces for the municipal manager (MM) and Chief Financial Officer (CFO) positions, as provided by the municipalities.

(i) The information points to high vacancy rates, high staff turnover, and municipalities needing to expedite appointment processes.

(ii) See as reflected in the Table 1.

(iii) National Treasury has played an advocacy and supportive role to-date in promoting compliance of the regulations through engagements at various MM and CFO forums, including the MFMA joint meeting where Provincial Treasuries, Cooperative Governance, SALGA and office of the Auditor-General are represented.

TABLE 1

Status of the Minimum Competency Levels for MMs and CFOs as at 30 August 2018

Province

Number of Municipalities

Accounting

Officers

(AO)

AO Meet

Minimum Competency

Chief Financial Officers

(CFO)

CFO Meet Minimum Competency

Eastern Cape

39

27

11

26

11

Free State

23

20

9

25

13

Gauteng

11

11

6

25

3

KwaZulu- Natal

54

34

17

41

11

Limpopo

27

20

5

22

6

Mpumalanga

20

12

9

16

6

Northern Cape

22

29

12

27

7

North West

31

16

8

11

3

Western Cape

30

24

17

25

19

TOTAL

257

193

94

218

79

Source: National Treasury minimum competency levels database

The details of the municipalities’ municipal managers and CFOs that are not compliant have been attached as Annexure A to this response.

Additional resources have been sourced through donor funds for selected smaller municipalities and the Financial Management Grant is made available to all municipalities needing assistance. There are at least a 100 regionally based Local Government Sector Education and Training Authority accredited training providers listed on the National Treasury website to also support regional based training.

After extensive consultation processes, the Minister of Finance will promulgate an amendment to, amongst others, regulations 15 and 18 of the Municipal Minimum Competency Regulations, to allow all officials 18 months from date of appointment to obtain the relevant competency levels. It will be mandatory for all municipal councils to make the latter a condition of employment in the employment contracts of effected officials. These proposed amendments will be promulgated shortly.