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24 August 2018 - NW1657

Profile picture: Schmidt, Adv H

Schmidt, Adv H to ask the Minister of Mineral Resources

(a) What number of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, have been referred to the (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation (DPCI) by (aa) his department and (bb) each entity reporting to him for further investigation since the Act was assented to and (b) what number of the specified cases have (i) been investigated by SAPS and DPCI, (ii) been followed up by the respective accounting officers and (iii) resulted in a conviction in each specified financial year since 2004?

Reply:

Department of Mineral Resources

Four (4) cases.

a) Number of cases relating to Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended that have been referred:

(i) (aa) One case was referred to the South African Police Service (SAPS) by the department.

(ii) (aa) No case was referred to the Directorate for Priority Crime Investigation (DPCI) by the department.

b) (i) One (1) case has been investigated by SAPS during 2013/14 financial year and no case has been investigated by DPCI,

(ii) A follow up was done on the case by the respective accounting officer, and

The employee was dismissed, later appeared in court and was found guilty during 2017/18 financial year. The employee is awaiting Mintek

(a) (i) 2 cases

(ii) None

(b) (i) 2 cases investigated by SAPS.

(ii) 2 cases were followed up by the accounting officer.

(iii) 1 case resulted in a conviction in 2009.

SADPMR

a) (i) 4 cases were referred to SAPS

(ii) 1 case was referred to DPCI

b) (i) 4 cases are investigated by SAPS and1 by DPCI.

(ii) All cases are currently being followed up on by the Accounting Officer.

(iii) There are no convictions yet

MSHC

The MHSC has no cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, that have been referred to the (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation (DPCI.)

SDT

The SDT has no cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, that have been referred to the (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation (DPCI.)

CGS

The CGS has no cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, that have been referred to the (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation (DPCI.)

(iii) sentence.

Approved/Not Approved

Mr SG Mantashe

Minister of Mineral Resources

Date Submitted:-……………/………………/2018

24 August 2018 - NW2346

Profile picture: Ntlangwini, Ms EN

Ntlangwini, Ms EN to ask the Minister of Trade and Industry

What are the top five agricultural imports and exports by Rand Value in each of the past five years?

Reply:

The top 5 agricultural products South Africa exported over the past 5 years are as follows:

Agricultural Products – Imports

Top 5 agricultural products SA imported from the world in the past 5 years

SA top 5 agricultural imports from the world

2013

SA top 5 agricultural imports from the world

2014

SA top 5 agricultural imports from the world

2015

SA top 5 agricultural imports from the world

2016

SA top 5 agricultural imports from the world

2017

R' million

R' million

R' million

R' million

R' million

Rice: Semi-milled or wholly milled rice, whether or not polished or glazed

6,281

Durum wheat: Other

5,004

Durum wheat: Other

6,016

Rice: Semi-milled or wholly milled rice, whether or not polished or glazed

5,975

Rice: Semi-milled or wholly milled rice, whether or not polished or glazed

6,015

Durum wheat: Other

3,702

Rice: Semi-milled or wholly milled rice, whether or not polished or glazed

4,390

Rice: Semi-milled or wholly milled rice, whether or not polished or glazed

5,361

Maize (corn): Other

4,586

Durum wheat: Other

4,369

Cuts and offal, frozen:Other

2,038

Cuts and offal, frozen:Other

2,282

Palm nuts and kernels

1,763

Durum wheat: Other

4,453

Palm nuts and kernels

2,345

Not cut in pieces, frozen: Mechanically deboned meat

712

Not cut in pieces, frozen: Mechanically deboned meat

728

Maize (corn): Other

1,673

Dried kernels or grains fit for human consumption, not further prepared or processed and not packaged as seeds (excluding popcorn (Zea mays everta))

3,777

Cattle: Other

1,976

Malt, whether or not roasted: Of barley

591

Sunflower seeds, whether or not broken

632

Cattle: Other

1,063

Palm nuts and kernels

2,179

Not cut in pieces, frozen: Mechanically deboned meat

1,364

                                                                  

 

Agricultural Products - Exports

Top 5 exported agricultural products to the world per year

SA top 5 agricultural export to the world

2013

SA top 5 agricultural export to the world

2014

SA top 5 agricultural export to the world

2015

SA top 5 agricultural export to the world

2016

SA top 5 agricultural export to the world

2017

R' million

R' million

R' million

R' million

R' million

Maize (corn): Other

       6,467

Oranges: Fresh

     6,542

Oranges: Fresh

     7,609

Oranges: Fresh

     8,807

Oranges: Fresh

   10,002

Oranges: Fresh

       5,660

Grapes: Fresh

     5,392

Grapes: Fresh

     6,126

Grapes: Fresh

     6,408

Grapes: Fresh

     7,209

Apples

       4,282

Maize (corn): Other

     4,318

Apples

     4,861

Apples

     5,274

Maize (corn): Other

     5,018

Grapes: Fresh

       4,260

Apples

     3,838

Lemons: Fresh

     3,066

Lemons: Fresh

     3,869

Apples

     4,981

Pears

       1,853

Lemons: Fresh

     2,470

Pears

     2,062

Maize (corn): Other

     3,844

Lemons: Fresh

     3,882

23 August 2018 - NW2338

Profile picture: Ntlangwini, Ms EN

Ntlangwini, Ms EN to ask the Minister of Trade and Industry

(a) What number of labour disputes are currently being faced by (i) his department and (ii) the entities reporting to him, (b) what is the cause of each dispute, (c) what is the nature of each dispute and (d) on what date was each dispute (i) reported and (ii) resolved;

Reply:

Department:

QUESTION 1(a)(i)

QUESTION 1(b)

QUESTION 1(c)

QUESTION 1(d)(i)

QUESTION 1(d)(ii)

13

1. The Applicant claims that he applied for a promotional post and was not shortlisted

Unfair Labour Practice: S186(2)(a) - Promotion

4/05/2018

Pending

 

2. The Applicant claims that he applied for a promotional post and was not shortlisted

Unfair Labour Practice: S186(2)(a) - Promotion

4/05/2018

Pending

 

3. The Applicant was subjected to an informal disciplinary enquiry and he was not satisfied with the sanction that issued to him.

Alleged unfair suspension or other disciplinary action short of dismissal

5/07/2018

Pending

 

4. The Applicant was dismissed after he was subjected to a formal disciplinary enquiry.

Alleged unfair dismissal

04/11/2016

Pending

 

5. The Applicant was subjected to an informal disciplinary enquiry and he was not satisfied with the sanction that issued to him.

Alleged unfair suspension or other disciplinary action short of dismissal

04/11/2016

Pending

 

6. The Applicant’s post was job evaluated and she is not happy with the outcome thereof.

Unfair Labour Practice: S186(2)(a) - Promotion

29/10/2017

Pending

 

7. The Applicant claims that she is entitled to a special performance bonus.

Unfair Labaour Practice : S186(2)(a) - Benefits

10/11/2017

Pending

 

8. The Applicant claims that he applied for a promotional post and was not shortlisted

Unfair Labour Practice: S186(2)(a)-Promotion

16/05/2018

Pending

 

9. The Applicant claims that her fixed term contract was not renewed and she deems it as an unfair dismissal.

Unfair dismissal / Non-renewal of a fixed term contract

14/6/2018

Pending

 

10. The Applicant claims that her fixed term contract was not renewed and she deems it as an unfair dismissal.

Unfair dismissal / Non-renewal of a fixed term contract

14/6/2018

Pending

 

11. The Applicant was dismissed after he was subjected to a formal disciplinary enquiry. The matter is currently at the Labour Court

Alleged Unfair Dismissal

18/11/2015

Pending

 

12. The Applicant was dismissed after he was subjected to a formal disciplinary enquiry. The matter is currently at the Labour Court

Alleged Unfair Dismissal

18/11/2015

Pending

 

13. The Applicant Absconded herself from the Public Services, in terms of Section 17(3)(a)(i). The matter is currently at the Labour Court

Section 17(3)(a)(i) dismissal

05/06/2017

Pending

Entity

(1)(a)(ii)

(1)(a)(ii) (b)

(1)(a)(ii)(c)

(1)(a)(ii)(d)(i)

(1)(a)(ii)d(ii)

Companies and Intellectual Property Commission (CIPC)

The CIPC currently has 8 labour disputes

Alleged unhappiness from employees

Unfair conduct relating to promotion (OSD)

19/11/2014

Pending

     

Unfair conduct relating to promotion

29/08/2017

01/02/2018

     

Unfair conduct relating to benefits

04/12/2017

Pending

     

Unfair Labour Practice relating to acting allowance

06/03/2018

Pending

     

Non-appointment to post

23/01/2018

Pending

     

Unfair labour practice relating to disciplinary action short of dismissal

14/06/2018

Pending

     

Interpretation / Application of Collective Agreement

28/06/2018

06/08/2018

     

Unilateral change to terms & conditions of employment

08/03/2018

Pending

Companies Tribunal (CT)

The CT does not have any labour disputes currently

Not applicable

Not applicable

Not applicable

Not applicable

Export Credit Insurance Corporation (ECIC)

The ECIC does not have any labour disputes currently

Not applicable

Not applicable

Not applicable

Not applicable

National Consumer Commission (NCC)

The NCC currently has 1 labour dispute

Intimidation

Refusal by Executive Manager to allow an employee to speak to an ex-employee who came to collect his personal belongings from the office

23/02/2018

It was investigated and witnesses were non-cooperative during investigation. The matter is finally set down for conciliation/hearing on 30/08/2018 within the NCC structures

National Consumer Tribunal (NCT)

The NCT does not have any labour disputes currently

Not applicable

Not applicable

Not applicable

Not applicable

National Credit Regulator (NCR)

The NCR currently has 4 labour disputes

Employee was charged with insubordination and violation of NCR policies

Employee referred the matter to the High Court instead of CCMA alleged unfair dismissal

01/2018

Awaiting court date

   

Employee was dismissed for assaulting fellow employee

Employee has referred the matter to the CCMA citing unfair dismissal

06/2017

No hearing date as yet

   

Dereliction of duties

Confidentiality breach. Employee was suspended pending investigation

Employee has referred the matter to the CCMA citing unfair suspension/

disciplinary action

08/2018

Hearing date is 30/08/2018

   

Non-payment of performance bonus to employee who is no longer employed by NCR

The employee has referred the matter to CCMA alleging unfair conduct

07/2018

Hearing date is 21/08/2018

National Empowerment Fund (NEF)

The NEF currently has 1 labour dispute

Dismissal was the cause of the dispute

Employee claims unfair dismissal and the matter is at the CCMA

10 July 2018

Not yet resolved

National Gambling Board (NGB)

The NGB does not have any labour disputes currently

Not applicable

Not applicable

Not applicable

Not applicable

National Lotteries Commission (NLC)

The NLC has 3 labour disputes currently

Salary Benchmarking

Interpretation & Application of Collective Agreement. LRA –Sec 24(2), [24(5)]

18/10/2017

Matter part-heard on the 28 & 29 May 2018 and postponed to 23 & 24 July 2018.

   

Failure to sign Employment Contract

Unfair Dismissal – LRA Sec 186(1)(a) - Termination of Contract with or without notice.

09/01/2018

Matter postponed affording parties an opportunity to settle the matter on their own. Arbitration set downs scheduled for 25 – 26/07/ 2018.

   

Termination of Contract

Unfair Labour Practice

LRA – Sec 186(1)(b)

28/09/2017

Matter heard on the 21st of June 2018 and both parties were ordered to submit written arguments on or before the 29th of June 2018

National Metrology Institute of South Africa (NMISA)

The NMISA currently has 1 labour dispute

NMISA Remuneration Policy states that in cases where an employee‘s current pay is above the maximum, there will not be a reduction in salary, but the salary will be managed over time to be within the applicable salary scale. One employee whose salary would have been above the maximum of his job level was not satisfied with a reduced cost-of-living adjustment percentage he received in 2017

The employee was still not satisfied after the internal processes were followed. The matter was subsequently referred to the CCMA alleging unfair labour practice.

18/04/2018

The matter is not yet resolved, NMISA is awaiting a date from the CCMA

National Regulator For Compulsory Specifications (NRCS)

The NRCS currently has 5 labour disputes

Gross misconduct, Insolence and Intimidation

Gross misconduct, Insolence and Intimidation

06/04/2018

02/07/2018

   

Gross Misconduct

Gross Misconduct

03/07/2018

Awaiting arbitration date

   

Gross Misconduct

Gross Misconduct

0/03/2018

Disciplinary in progress

   

Gross Misconduct

Gross Misconduct

27/11/2017

02/07/2018

   

Gross Misconduct

Gross Misconduct

01/10/2016

Matter referred to Labour Court

South African Bureau of Standards (SABS)

The SABS does not have any labour disputes currently

Not applicable

Not applicable

Not applicable

Not applicable

South African National Accreditation System (SANAS)

The SANAS currently has 2 labour disputes

2018 Salary Increase Bargaining

  • Existing Majority Agreement not valid due to 2 above. Whilst the Union is sufficiently represented, it does not enjoy the Majority status as of March 2018.
  • The Labour Union was not in agreement with numbers relating to their membership and requested reconciliation to be sent to them which was done
  • On receipt of the numbers they responded with a demand that we continue with the negotiations disregarding the issue of the Majority Status which we were not in agreement with

08/08/2018

Matter is still in progress

   

Recouping of Monies Owed – No Work No Pay

Union Members went on strike for 7 days in 2017 and “no work no pay” principles were agreed on

04/06/2018

Matter is still in progress

(2) (a)(i) what number of employees have been dismissed by his department in the past five years and (ii) for what reason was each employee dismissed and (b)(i) what number of the specified employees were paid severance packages and (ii) what was the monetary value of each severance package?NW2515E

Department:

QUESTION 2(a)(i)

QUESTION 2(a)(ii)

QUESTION 2(b)(i)

QUESTION 2(b)(ii)

The Department dismissed sixteen (16) officials during the past five (5) financial years

1. Theft of Departmental funds

nil

nil

 

2. Non-compliance with the conflict of interest policy

   
 

3. Failure to disclose Information

   
 

4. Fraud

   
 

5. Abscondment in terms of S17(3)(a)(i)

   
 

6. Abscondment in terms of S17(3)(a)(i)

   
 

7. Abscondment in terms of S17(3)(a)(i)

   
 

8. Bribery and conflict of interest

   
 

9. Bribery and conflict of interest

   
 

10. Fraud and forgery

   
 

11. Misrepresentation and dishonesty

   
 

12. Abscondment in terms of S17(3)(a)(i)

   
 

13. Abscondment in terms of S17(3)(a)(i)

   
 

14. Fraud

   
 

15. Abscondment in terms of S17(3)(a)(i)

   
 

16. Abscondment in terms of S17(3)(a)(i)

   

"Except as explicitly state herein the Ministry: Department of Trade and Industry (the dti) does not express an opinion in respect of any factual representations. The opinion /memo provided  is limited to the matters stated in it and may not be relied on upon by any person outside the dti or used for any other purpose neither in its intent or existence. It must not be disclosed to any other person without prior written approval other than by law. Nothing contained herein shall be construed as limiting the rights of the dti to defend or oppose any claim or action against the dti."

23 August 2018 - NW2237

Profile picture: Cachalia, Mr G K

Cachalia, Mr G K to ask the Minister of Trade and Industry

(a) How many times did the Steel Pricing Committee meet (i) in 2017 and (ii) since 1 January 2018, (b) can he provide Mr G K Y Cachalia with a list of who was present at each meeting and (c) what were the results in terms of price increases or price decreases from each meeting?

Reply:

a) The International Trade and Administration Commission (ITAC) Steel Committee was established in 2016 to monitor the impact of the primary steel tariff increases and evaluate the performance of the primary steel industry in terms of the commitments made for such tariff changes. (i) The committee met twice in 2017. (ii) The Committee has not met in 2018 and will only re-convene after September 2018 once new Commissioners have been appointed. The ITAC Act of 2002 requires that half the members of the Committee, be Commissioners and the current Commissioners’ terms of office end on 30 September 2018.

b) The attendees of the meetings in 2017 are given below.

03 March 2017

02 June 2017

Commissioners:

 

Ms. Tanya van Meelis

Ms. Boipuso Modise

 

Commissioners:

 

Ms. Tanya van Meelis

Ms. Boipuso Modise

Mr. Boikanyo Mokgatle

Mr. Henk Langehoven

Mr. Eitenne Vlok

Additional members:

 

Mr. Paolo Trinchero (SAISC)

Mr. Tafadzwa Chibanguza (SEIFSA)

Mr. Dean Subramanian (AMSA)

Mr Johann Nel (SAISI)

 

Additional members:

 

Mr. Paolo Trinchero (SAISC)

Mr. Tafadzwa Chibanguza (SEIFSA)

Mr. Dean Subramanian (AMSA)

Mr. Neels van Niekerk (ISF)

Mr. Mpheane lepaku (COSATU)

Mr. Marius Croucamp (Solidarity)

Invitees:

 

Dr Umeesha Naidoo (DTI)

Mr. Mohammed Vawda (EDD)

Invitees:

 

Dr Umeesha Naidoo (DTI)

Mr. Mohammed Vawda (EDD)

c) The pricing principles for flat steel produced by Arcelor Mittal South Africa (AMSA) is based on a signed agreement between AMSA and government. The agreement is based on an international basket price, on Hot Rolled Coil (HRC) as a base product, calculated using the domestic prices of steel in countries South Africa competes with in downstream steel intensive products. The price changes are influenced by movements in global prices, the exchange rate and global input costs. This basket is monitored by the the dti and ITAC and compliance with the basket is measured over 12 months. Compliance with the HRC basket price and AMSA’s monthly price adjustments for the period January 2017 to July 2018 is provided below:

Month

HRC Basket ($/ton)

AMSA Base HRC Price ($/ton)

17-Jan

627

638

17-Feb

656

633

17-Mar

643

646

17-Apr

650

660

17-May

630

630

17-Jun

632

642

17-Jul

625

673

17-Aug

641

650

17-Sep

674

672

17-Oct

669

692

17-Nov

668

680

17-Dec

684

679

2017 Average

650

658

18-Jan

718

658

18-Feb

759

723

18-Mar

790

783

18-Apr

799

814

18-May

780

805

18-Jun

768

811

18-Jul

764

827

 

23 August 2018 - NW419

Profile picture: Schreiber, Dr LA

Schreiber, Dr LA to ask the Minister in The Presidency

What (a) amount has The Presidency spent on (i) trips undertaken by each (aa) former President of the Republic and (bb) any other person who qualifies for benefits contained in the Policy on the Benefits of Executive Office and (ii) all other expenses related to (aa) the former Presidents and (bb) other persons who qualify for benefits contained in the specified policy since 1 January 2014?

Reply:

The question is very complex and involved and could not be reasonably fully answered in the time available. We threw in a large number of finance officials, taking them out of their substantive work, to collate and analyse the data. At the time of the deadline, we had only reached and analysed about 60% of the relevant data. The response below is therefore based on about 60% of the data that could be accessed within the limited time at our disposal, while we will be proceeding with 40% analysis of the remaining data.

a) Travel expenditure (R16 789 390). Below is the breakdown per year

(i) Trips undertaken by:

(aa) former President of the Republic

(bb) any other person who qualifies for benefits contained in the Policy on the Benefits of Executive Office and

(ii) all other expenses (65 776 313). Below is the breakdown per year

(aa) the former Presidents

(bb) other persons who qualify for benefits contained in the specified policy since 1 January 2014.


Breakdown of expenses
 

FORMER PRINCIPALS

   

Travel and Subsistence
Other expenses

Total

2014/15

2015/16

2016/17

2017/18

2018/19

2019to date

 
 

R

R

R

R

R

R

R

 

1781916

8875 000

2 660024

11062364

2435142

12844 707

3130181

11974369

4354434

15008864

2427 692

5921010

16 789 390

65 776313

 

10656916

13 722389

15279849

15104550

19453297

8348702

82565703

DRAFTER OF THE REPLY

Name: Ms G Zulu

Designation: Chief Financial Officer

Contacts: 012 300 5980

Recommended

R. Cassius Lubisi, PhD

Director-General and Secretary of the Cabinet

Date: 20/08/2019

Recommended

Hon. Thembi Siweya, MP

Deputy Minister in The Presidency

Date 22/08/2019

Approved

Hon. Jackson Mthembu, MP

Minister in rhe Pr-sidency

Date:

23 August 2018 - NW2211

Profile picture: Singh, Mr N

Singh, Mr N to ask the Minister of Trade and Industry

Whether he has met with the Minister of Health and the Minister of Agriculture, Forestry and Fisheries to further discuss the socio-economic benefits of the commercialisation of hemp farming in the country; if not, on what date will this discussion take place; if so, what are the further relevant details?

Reply:

No, I have not met with either the Minister of Health or the Minister of Agriculture, Forestry and Fisheries to discuss the commercialisation of hemp.

However, the dti recognises the potential value to be derived from commercial value chains of Cannabis and related products. Thus it has undertaken research that seeks to understand, from an industrial policy perspective, the obstacles and opportunities for South Africa to become an active and innovative player in this growing market.

For the purposes of this research, opportunities and obstacles to develop industrial capacity and capability across the medicinal and related products will be considered. The focus will be to understand the obstacles and opportunities involved in: i) the cultivation of different strains of cannabis with specific THC and CBD composition; ii) the recovery of these compounds in the oil extraction process and iii) the beneficiation of THC and CBD through the production of medical products (using multiple delivery systems e.g. vapes, sprays, tablets, oils) as well as cosmetic and healthcare products such as balms, creams and tinctures.

The outcomes of this study will determine a way forward in terms of industrialising this sector in South Africa. Once the study has been concluded, I will engage the Ministers of Health and Agriculture, Forestry and Fisheries.

23 August 2018 - NW1818

Profile picture: Cassim, Mr Y

Cassim, Mr Y to ask the Minister of Finance

(1)Whether (a) his spouse and/or (b) an adult family member accompanied him on any official international trip (i) in each of the past five financial years and (ii) since 1 April 2018; if not, what is the position in this regard; if so, what (aa) is the name of the person(s), (bb) was the (aaa) purpose and (bbb) destination of the trip and (cc) was the (aaa) total cost and (bbb) detailed breakdown of the costs of the accompanying person(s) to the National Treasury; (2) whether each of the specified trips were approved by the President in terms of the provisions of Section 1, Annexure A of the Ministerial Handbook; if not, why not; if so, what are the relevant details?

Reply:

(1) (a) Yes.

(1) (a) (i) (aa), (bb) (aaa) (bbb), (cc) (aaa) (bbb). Refer to attached table.

(1) (a) (ii) (aa), (bb) (aaa) (bbb), (cc) (aaa) (bbb). Refer to attached table.

(1) (b) No

(2) Yes, the President approves Ministers’ travel abroad. Ministers are allowed to travel with their spouses. Ministers exercise their discretion in this regard.

 

(1)(a)(i)

(1)(a)(i)(aa)

Name of person

(1)(a)(i)(bb)(aaa)

Purpose

(1)(a)(i)(bb)(bbb)

Destination

(1)(a)(i)(cc)(aaa)

Total Cost

(1)(a)(i)(cc)(bbb)

Detailed breakdown

1

2013/2014

V Gordhan

Accompany Minister to the IMF/WB Spring meetings as well as USA Road Shows

Washington D.C

R161 879.63

Air travel

2

 

V Gordhan

Accompany Minister to the RMB London working visit; Innova Brics; G20 Ministers meeting and IMF/WB Annual meetings

London and Washington D.C

R115 454.00

Air travel

3

2014/2015

V Gordhan

Accompany Minister to the Harvard-African Development bank Ministerial Forum on Health Finance

Washington D.C

R140 811.25

Air travel

4

 

LN Nene

Accompany Minister to the 2014 IMF/WB Annual Meeting and the JBE&RMB Emerging Markets Investor Conference

New York; Washington D.C and London

R126 569.14

Air travel

Daily Allowance

5

2015/2016

LN Nene

Accompany Minister to the 2014 IMF/WB Spring Meetings

Washington D.C

R105 454.05

Air travel

Daily Allowance

6

 

LN Nene

Accompany Minister to the 2015 IMF/World bank Annual Meeting

Lima and Peru

R208 639.44

Air travel

Daily Allowance

Incidental Cost

7

2016/2017

V Gordhan

Accompany Minister to the 2016 IMF / WB Spring meetings

Washington D.C

R83 648.23

Air travel

8

 

V Gordhan

Accompany Minister to the UK-FT Africa Summit; SA Tomorrow Conference and 2016 IMF / WB Annual meetings

London; New York and Washington D.C

R186 309.23

Air travel

9

2017/2018

N Gigaba

Accompany Minister to the International Investor Road show

Washington D.C and New York

R145 168.72

Air travel

Daily Allowance

10

 

N Gigaba

Accompany Minister to the BRICS Conference and Central Bank Governors meeting

Shanghai

R204 041.36

Air travel

Daily Allowance

13

 

N Gigaba

Accompany Minister to the Fifth Annual South Africa Tomorrow Conference

New York

R122 773.29

Air travel

14

 

N Gigaba

Accompany Minister on the Asian Non-deal Roadshow

Tokyo; Beijing; Hong Kong & Singapore

R198 146.09

Air travel

Daily Allowance

Incidental Cost

 

(1)(a)(i)

(1)(a)(i)(aa)

Name of person

(1)(a)(i)(bb)(aaa)

Purpose

(1)(a)(i)(bb)(bbb)

Destination

(1)(a)(i)(cc)(aaa)

Total Cost

(1)(a)(i)(cc)(bbb)

Detailed breakdown

1

1 April 2018

LN Nene

Accompanying Minister to attend the 2018 IMF/WB Spring Meetings

Washington D.C

R123 427.61

Air travel

Daily allowance

Incidental Cost

23 August 2018 - NW2273

Profile picture: Atkinson, Mr P

Atkinson, Mr P to ask the Minister of Trade and Industry

(1)(a) What is the current status of the Centurion Aerospace Village (CAV), (b) what number of tenants are participating in the CAV and (c) on what date were contracts in this regard signed in each case; (2) what number of persons (a) are currently employed and (b) were employed at the CAV in (i) full-time and (ii) part-time employment in the 2017-18 financial year; (3) whether any cases relating to alleged corruption and/or maladministration at the CAV were opened since 1 January 2015; if so, what (a) are the relevant details and (b) is the status of each of the investigations into the specified cases; (4) whether any interactions have been undertaken by the CAV with the City of Tshwane (a) regarding the delivery of bulk infrastructure to the CAV and/or (b) seeking any form of assistance to complete construction of the CAV; if not, in each case, why not; if so, what are the relevant details in each case? NW2448E;

Reply:

1.  (a) The CAV has concluded bulk services agreements and related contributions with the City of Tshwane in line with the municipality requirements. The external electricity works has been constructed and commissioned to receive Township Establishment approval by the City of Tshwane. The balance of the bulk infrastructure is underway.

(b) Two (2) tenants are participating in the CAV.

(c) The contracts were signed on the 30th October 2017 and 19th September 2017.

2. (a) The CAV has 16 employees of which 3 are interns.

(b) In 2017-18 the CAV had (i)12 full time employees and (ii) 4 part-time employees.

3. (a) (b) The forensic audit report recommended that a criminal case be instituted against individuals and companies that were allegedly involved in fraudulent activities. In line with this recommendation, the dti instituted criminal charges and case was reported to the South African Police Services and the case number is CAS 647-12-2013.

(4) (a) The CAV was given “Special Project Status” by City of Tshwane (CoT) and the City Mayor has been a champion of the CAV development and personally pledged CoT support. This has already led to assistance in expediting approvals for CAV’s compliance with the approved Conditions of Township Establishment.

(b) The CoT has not provided any financial support at this stage as it does not currently have financial resources to assist the construction of the CAV.

22 August 2018 - NW241

Profile picture: Mente-Nkuna, Ms NV

Mente-Nkuna, Ms NV to ask the Minister of Health

What was the total number of doctors at each (a) hospital and (b) clinic (i) in (aa) 2000, (bb) 2005, (cc) 2010 and (dd) 2015 and (ii) as at 1 February 2018?

Reply:

(i) (aa) 2000 – No data available from PERSAL

(bb) 2005 – No data available from PERSAL

(cc) 2010 – Information indicated on Table (Annexure 1)

(dd) 2015 – Information indicated on Table (Annexure 1)

(ii) 2018 Information indicated on Table (Please note that some of the facility names are not the same every year)

END.

22 August 2018 - NW2161

Profile picture: Mente-Nkuna, Ms NV

Mente-Nkuna, Ms NV to ask the Minister of Energy

With reference to his reply to question 1363 on 23 May 2018, what percentage of shares in Main Street (RF) (Pty) Ltd, Ramizone (RF) (Pty) Ltd, Amstilinx (RF) (Pty) Ltd, Amstilite (RF) (Pty) Ltd are owned by BTSA Netherlands Cooperatie U.A, Ramizest and Friedshelf 1294 respectively?

Reply:

The shareholding of BTSA Netherlands Cooperatie U.A, Ramizest and Friedshelf 1294 are the same across all four projects. Refer to table below for detail per shareholder.

 

Company

Shareholders

Shareholding

Main Street (RF) (Pty) Ltd

BTSA

60%

 

Ramizest (on behalf of the Letsatsi Trust)

37.5%

 

Friedshelf 1294 (on behalf of the relevant Local Community Trust)

2.5%

Ramizone (RF) (Pty) Ltd

BTSA

60%

 

Ramizest (on behalf of the Letsatsi Trust)

37.5%

 

Friedshelf 1294 (on behalf of the relevant Local Community Trust)

2.5%

Amstilinx (RF) (Pty) Ltd

BTSA

60%

 

Ramizest (on behalf of the Letsatsi Trust)

37.5%

 

Friedshelf 1294 (on behalf of the relevant Local Community Trust)

2.5%

Amstilite (RF) (Pty) Ltd

BTSA

60%

 

Ramizest (on behalf of the Letsatsi Trust)

37.5%

 

Friedshelf 1294 (on behalf of the relevant Local Community Trust)

2.5%

22 August 2018 - NW1935

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Rural Development and Land Reform

What (a) is the total number of incidents of sexual harassment that were reported to the human resources offices of (i) her department and (ii) entities reporting to her in (aa) 2016 and (bb) 2017 and (b) are the details of each incident that took place; (2) was each incident investigated; if not, why not in each case; if so, what were the outcomes of the investigation in each case?

Reply:

1. (a)(i)(aa),(bb) No official incidents of sexual harassment were reported to human resources within the Department.

(ii)(aa),(bb) Entities

  • Commission on Restitution of Land Rights: 0
  • Ingonyama Trust: 0
  • Office of the Valuer-General: 0

(b) Falls away.

2. Falls away

20 August 2018 - NW1686

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Health

(a) What number of civil law suits involving cases of negligence is the Western Cape department of health currently facing, (b) what is the reason for each civil suit involving medical negligence and (c) what is the potential cost to the Western Cape department of health for each specified case?

Reply:

a)  A total of 306 active medical malpractice cases against the Western Cape Department of Health;

b) These arise predominantly from alleged birth injury and surgical error;

c) The total cost of all unresolved disputes is currently projected at R200 million.

END.

20 August 2018 - NW421

Profile picture: Mathys, Ms L

Mathys, Ms L to ask the Minister of Health

(a) Why are mothers of newborn babies allegedly sleeping on bloodstained mattresses on the floor in overcrowded wards at Bophelong Hospital in the North West and (b) what steps will he take in this regard?

Reply:

a) Since the closure of the theatre in Lehurutshe Hospital due to upgrading, all caesarean sections are referred to the hospital previously known to be Bophelong Hospital (currently known as Mafikeng Provincial Hospital). The Hospital has since experienced patient overflow. The Hospital was initially called Bophelong Hospital as it was in the same grounds with a mental health hospital named as such, which was now moved to a new location. The remaining facility is now renamed Mahikeng.

Further, due to insufficient supply of linen savers as a result of insufficient budget, some mattresses were blood-stained during deliveries, however the institution has motivated for increase of supply to the section as the demand dictates.

b) The following measures have been put in place:

(i) Exension of the maternity ward into the obstetrics theatre to increase space to accommodate more patients;

(ii) Allocation of additional beds to replace floor beds;

(iii) Close monitoring of the project in Lehurutshe Hospital to accelerate completion of theatre.

END.

20 August 2018 - NW1852

Profile picture: Hlonyana, Ms NKF

Hlonyana, Ms NKF to ask the Minister of Human Settlements

What is the total number of persons who are on the waiting list for housing in each municipality?

Reply:

The National Department has developed and provided the ability of all Provinces and Municipalities to allow for residents to register onto the National Housing Needs Register (NHNR). The introduction of the NHNR was to provide support and assistance to Provinces and Municipalities in order to ensure that there is compliance with the principle of just and fair administrative action by the state in its process of allocation of funding and subsidies, as read with Section 26 of the Constitution. The Western Cape Provincial Department of Human Settlements does not utilise the NHNR. The information related to the Western Cape is imported in the NHNR on a quarterly basis, from a Provincial specific system.

The total number of households per municipality is presented as follows:
The information on the housing subsidy system (HSS) indicates the total number of households on the NHNR that have completed subsidy applications forms and these subsidy applications forms were captured on HSS against the relevant project.

The information on NHNR indicates the total number of households that have registered their need for adequate shelter. These households have not completed subsidy applications for allocation into a project.

Find here: Municipalities per Province

20 August 2018 - NW1249

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Labour

a) Which appointment were made by the Director- General of her department, Mr Lamati, in the past financial year, b) What are the names of the persons he employed? c) To which positions were the specified persons appointed? d) What are the details of their qualifications (a) what are their annual Salaries?

Reply:

a) (i) In line with the Executive Authority (Minister) to Head of department (DG) and also Head of department (DG) to other performer levels delegations in terms of Public Service Regulations and Public Service Act, the Director- General is delegated to make appointments at SR 13-14.

(ii) For the past financial year 2017/2018 the Director- General made 20 appointments at SR 13-14.

b) List attached annexure A

c) List attached Annexure A

​d) List attached Annexure A

 

 

20 August 2018 - NW241

Profile picture: Mente-Nkuna, Ms NV

Mente-Nkuna, Ms NV to ask the Minister of Health

What was the total number of doctors at each (a) hospital and (b) clinic (i) in (aa) 2000, (bb) 2005, (cc) 2010 and (dd) 2015 and (ii) as at 1 February 2018?

Reply:

(i) (aa) 2000 – No data available from PERSAL

(bb) 2005 – No data available from PERSAL

(cc) 2010 – Information indicated on Table (Annexure 1)

(dd) 2015 – Information indicated on Table (Annexure 1)

(ii) B2018 Information indicated on Table (Please note that some of the facility names are not the same every year)

END.

20 August 2018 - NW242

Profile picture: Hlonyana, Ms NKF

Hlonyana, Ms NKF to ask the Minister of Health

What was the total number of nurses at each (a) hospital and (b) clinic (i) in (aa) 2000, (bb) 2005, (cc) 2010 and (dd) 2015 and (ii) as at 1 February 2018?

Reply:

i) (aa) 2000 – No data available

(bb) 2005 – No data available

(cc) 2010 – Information indicated on Table (Annexure 1)

(dd) 2015 – Information indicated on Table (Annexure 1)

ii) 2018 Information indicated on Table (Please note that some of the facility names are not the same every year)

END.

20 August 2018 - NW244

Profile picture: Ntlangwini, Ms EN

Ntlangwini, Ms EN to ask the Minister of Health

What (a) is the number of non-governmental organisations that have been contracted by his department to provide health services, (b) is the name of each organisation and (c) number of persons is employed by each organisation, (d) purpose is each organisation contracted for and (e) is the monetary value of each contract in respect of each organisation in each province?

Reply:

Please refer to the table attached as Annexure 1.

END.

20 August 2018 - NW566

Profile picture: Hlonyana, Ms NKF

Hlonyana, Ms NKF to ask the Minister of Health

(a) What is the (i) name, (ii) location and (iii) patient capacity of each clinic that does not have a facility manager and (b) what is the reason for this in each case?

Reply:

a) (i), (ii) and (iii) Please refer to the attached Annexure

b) The vacancies in these clinics exist due to people that have left the service through natural attrition such as resignation, retirement, promotion and transfer.

END.

20 August 2018 - NW763

Profile picture: Mhlongo, Mr P

Mhlongo, Mr P to ask the Minister of Health

What are the ten leading causes for admission to a healthcare facility in the Mangaung Metropolitan Municipality in the Free State in the 2016-17 financial year?

Reply:

Please refer to the attached detailed Burden of Disease Profile for Mangaung Metropolitan Municipality for the period 2010 to 2015 by age and gender.

END.

20 August 2018 - NW1184

Profile picture: Kopane, Ms SP

Kopane, Ms SP to ask the Minister of Health

(a) What is the total number of (i) Linear Accelerator, (ii) orthovoltage machines and (iii) any other machine related to the treatment of cancer patients that each province possesses, (b) where is each machine located and (c) what is the total number of machines that are currently (i) in use, (ii) broken and (iii) not in use?

Reply:

Please refer to the Table on the attached Annexure 1.

END.

20 August 2018 - NW1558

Profile picture: Dlamini, Mr MM

Dlamini, Mr MM to ask the Minister of Health

What (a) is the (i) name and (ii) location of each clinic in the country that is not open 24hours and (b) are the opening times of each of the specified clinics?

Reply:

1. A summary sheet of clinic information is attached as Annexure A.

2. The detailed spreadsheets per Province are included in the CD enclosed.

3. Community health centres provide Primary Health Care service 24 hours, 7 days a week.

END.

20 August 2018 - NW2179

Profile picture: Mente-Nkuna, Ms NV

Mente-Nkuna, Ms NV to ask the Minister of Health

What is the total number of incubators that are available in each (a) clinic and/or (b) hospital in the country?

Reply:

Please refer to the attached Annexure 1 for details.

END.

20 August 2018 - NW1263

Profile picture: Kopane, Ms SP

Kopane, Ms SP to ask the Minister of Health

What number of persons in each province (a) were hospitalised and (b) died due to the consumption of contaminated foods in the past three financial years?

Reply:

The number of persons hospitalised and died per province is not available. We do however monitor specimens sent to the National Health Laboratory Service (NHLS) that test positive. The data for the past three years by province is shown in the table below.

Province

Number of Food-borne Positive Tests

Eastern Cape

1

1

3

Free State

4

1

4

Gauteng

4

7

3

KwaZulu Natal

20

9

10

Limpopo

0

3

1

Mpumalanga

0

3

0

North West

0

3

0

Northern Cape

0

0

0

Western Cape

2

0

5

END.

20 August 2018 - NW417

Profile picture: Matiase, Mr NS

Matiase, Mr NS to ask the Minister of Health

Whether he has been informed that incubators are broken in maternity Ward G at Tygerberg Hospital; if not, what is the position in this regard; if so, (a) why have the incubators not been fixed and (b) by what date will the incubators be fixed?

Reply:

a) It has not been procedure to inform the Minister of broken equipment in the facilities, however the incubators referred to were likely to have been incubators that were already due to be taken to the Tygerberg Hospital Clinical Engineering Department (CED) for assessment for damages and possible repairs or condemning. Necessary repairs if any, are effected, coordinated by the CED Department;

b) Recently in January 2018, a total of 30 brand-new incubators were purchased.

END.

20 August 2018 - NW2131

Profile picture: Dreyer, Ms AM

Dreyer, Ms AM to ask the Minister of Health

(1)(a) At what specific time was a certain person (name furnished) admitted to the Tambo Memorial Hospital and (b) why did nurses allegedly refuse to attend to the specified person on the morning of 30 January 2018; (2) (a) why were there no beds available in labour ward B that the person was admitted to, (b) why was no other bed found for the person in the hospital and (c) what is the protocol with regard to admitting patients to a ward where there are no beds available; (3) (a) at what specific time did a doctor examine the person, (b) for what number of hours did the person allegedly had to lie in her own fluids and (c) how often was the person attended to according to hospital records?

Reply:

1. (a) The patient arrived in the Accident and Emergency Department at 08h05. She was attended by the nursing staff and the Medical Officer from Accident and Emergency Department. After the initial assessment she was referred to the Obstetrics and Gynaecology Department. A Senior Medical Officer from Obstetrics and Gynaecology Department assessed her on arrival to the ward at 10h05.

(b) Initially the patient presented herself to the Labour Ward. She was directed to the Accident and Emergency Department by the nursing staff as all patients with her condition are admitted to the Gynaecology ward via Accident and Emergency Department.

2. (a) and (b) The Gynaecology ward was full to its capacity at the time, therefore the patient was transferred to the Labour ward’s extension area. She was nursed in a room by herself to allow privacy.

(c) All patients are accommodated in a bed in the ward.

3. (a) The patient was first assessed by the Medical Officer in Accident and Emergency Department at 08h05. She was transferred to the Labour ward and was immediately examined by the Senior Medical Officer from Obstetrics and Gynaecology Department at 10h05.

(b) Answering this question will lead to disclosure of the diagnosis of this patient and I cannot do that.

(c) The patient stayed in the Labour ward from 10h00 to 23h00, where she delivered. During this time she was examined by the Medical Officer three (3) times. In between she was attended by the midwives. A consultation was also done by the consultant on call for that night. The doctor had numerous discussions/feedback sessions with the patient’s husband and the mother-in-law during the patient’s stay in the ward.

END.

20 August 2018 - NW1564

Profile picture: Mente-Nkuna, Ms NV

Mente-Nkuna, Ms NV to ask the Minister of Health

What is the total shortage of (a) nurses, (b) doctors and (c) dentists in the country?

Reply:

a) 18 053;

b) 2 253;

c) 154.

END.

20 August 2018 - NW1834

Profile picture: James, Ms LV

James, Ms LV to ask the Minister of Small Business Development

(1) Whether (a) her spouse and/or (b) an adult family member accompanied her on any official international trip (i) in each of the past five financial years and (ii) since 1 April 2018; if not, what is the position in this regard; if so, what (aa) is the name of the person(s), (bb) was the (aaa) purpose and (bbb) destination of the trip and (cc) was the (aaa) total cost and (bbb) detailed breakdown of the costs of the accompanying person(s) to her department; (2) whether each of the specified trips were approved by the President in terms of the provisions of Section 1, Annexure A of the Ministerial Handbook; if not, why not; if so, what are the relevant details?”

Reply:

(1)(a) Minister Lindiwe Zulu has travelled with her spouse on several International trips in the past five years.

(1)(a)(aa) Mr Kgosietsile Itholeng.

(aaa) Accompanying the Minister on the official trips.

(1)(i)&(ii)

YEAR & DATE

(1)(bb)

(1)(cc)

 

(aaa) PURPOSE

(bbb) DESTINATION

(aaa) and (bbb)

TOTAL AND DETAILED BREAKDOWN OF THE COSTS

15 – 18 March 2015

To attend the Global Entrepreneurship Ministerial Congress

Milan, Italy

Air travel: R 52 381.39

Subsistence and Travel (S&T):

R 3 000.00

(1)(i)&(ii)

YEAR & DATE

(1)(bb)

(1)(cc)

 

(aaa) PURPOSE

(bbb) DESTINATION

(aaa) and (bbb)

TOTAL AND DETAILED BREAKDOWN OF THE COSTS

14 - 21 October 2015

To attend the 11th edition of the Women’s Forum Global Meeting on the Economy and Society

To attend The 11th South Africa – United Kingdom Bilateral Forum

Deauville, France and proceeded to

UK, London

Air travel: R148 000.00

Subsistence and Travel (S&T): R 9 033.00 (for both countries):

R 3 033.00 (France)

R 6 000.00 (London)

7 – 13 November 2015

Official Presidential visit to the Opening of the Youth Skills Development And Employment Symposium

To meet with Executives of the UNCTAD, ILO AND WIPO on SMME related matters

Berlin, Germany and proceeded to

Geneva, Switzerland

Air travel: R 86 000.00

Subsistence and Travel (S&T):

R 8 374.00 (for both countries):

R 3 291.00 (Germany)

R 5 083.00 (Switzerland)

10 – 18 October 2016

8th BRICS Summit, BRICS Ministers of Trade and BRICS Trade Fair

New Delhi and Goa, India

Air travel: R 64 383.00

Subsistence and Travel (S&T): R 6 500.00

(1)(b) No adult family member has accompanied the Minister to official international trips in the specified timeframe.

(2) All the official trips undertaken by the Minister were approved by the President in terms of the provisions of Section 1, Annexure A of the Ministerial Handbook guidelines regarding international travel

20 August 2018 - NW1995

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Labour

(1) Whether with regard to her reply to question 2165 on 28 October 2016, she will provide Mr M Waters with the full report; if not, why not; (2) what steps have been taken to ensure that the school adhered to the Asbestos Regulations; (3) have the (a) parents and (b) teachers and other workers at the school been informed of the non-compliance with the Asbestos Regulations; if not, why not; if so, on what date were they informed?

Reply:

Feedback from Chloorkop Primary School:

(1) Whether with regard to her reply to question 2165 on 28 October 2016, she will provide Mr M Waters with the full report; if not, why not;

Response:

A report can be made available to Mr Waters.

 

(2) what steps have been taken to ensure that the school adhered to the Asbestos Regulations;

Response:

The case was referred for prosecution. The Department is still waiting for a final outcome from the Department of Justice regarding the case.

(3) have the (a) parents and (b) teachers and other workers at the school been informed of the non-compliance with the Asbestos Regulations; if not, why not; if so, on what date were they informed? NW2154E

Response

The principal was made aware, and, as part of their health and safety policy such communication should be done through school internal structures.

 

Noordgesig Primary school

 

1995. Mr M Waters (DA) to ask the Minister of Labour:

(1) Whether with regard to her reply to question 2165 on 28 October 2016, she will provide Mr M Waters with the full report; if not, why not;

Response

A report is available if required.

 

(2) what steps have been taken to ensure that the school adhered to the Asbestos Regulations;

Response

The matter was then referred for prosecution.

 

(3) have the (a) parents and (b) teachers and other workers at the school been informed of the non-compliance with the Asbestos Regulations; if not, why not; if so, on what date were they informed? NW2154E

Response:

The meeting was urgently held between the School SGB, high ranking official’s from Department of Education and infrastructure on the 20 September 2016. The parents were refusing to accept the prohibition notice and asking the inspector to revoke the notice. It was during that meeting that all members were given information regarding the risk associated with asbestos.

Currently a notification was received from Zendasat (Pty) Ltd Reg No: RAC 2017/OHH/CI-173 relating to the removal and ethical disposal of asbestos-cement wall cladding and roof sheeting at the Noordgesig Primary School, Soweto is scheduled to commence on 18 July 2018 and be completed by 22 August 2018.

 

 

20 August 2018 - NW1951

Profile picture: Mathys, Ms L

Mathys, Ms L to ask the Minister of Health

What number of wheelchairs are available at each provincial hospital in the country as at 1 January 2018?

Reply:

The tables below provides the details in this regard, as at 1 January 2018.

EASTERN CAPE

Hospital

Wheelchairs

MadzikaneKa Zulu District Hospital

2

ST Patricks Hospital

48

Taylor Bequest (Matatiele) District Hospital

0

Greenville Hospital

8

 Siphetu Hospital

0

Khotsong TB Hospital

0

Nompumelelo District Hospital

4

Butterworth District Hospital

36

Victoria District Hospital

24

Fort Beaufort Hospital

2

Tower Psychiatric Hospital

0

Bedford Hospital

0

Madwaleni District Hospital

124

Tafalofefe Hospital

0

Grey District Hospital

28

EmpilweniGompo

5

Bisho Hospital

18

Nkqubela TB Hospital

0

Cecilia Makiwane Regional Hospital

111

Frere Tertiary Hospital

0

All Saints District Hospital

3

Cofimvaba District Hospital

0

Elliot Hospital

9

Frontier Regional Hospital

122

Komani Psychiatric Hospital

0

Cradock District Hospital

9

Glen Grey District Hospital

0

Dordrecht FPAH

0

Sterkstroom Hospital

0

Uitenhage District Hospital

21

Llivingstone Tertiary Hospital

20

Dora Nginza Regional Hospital

89

PE Provincial Hospital

19

Motherwell CHC

13

Letticia Bam CHC

11

Orsmond TB Hospital

0

Jose Pearsons TB Hospital

0

Empilweni TB Hospital

0

Elizabeth Donkin psychiatric Hospital

0

Dr MalizoMpehle District Hospital

24

St Lucys Hospital

2

Holly Cross District Hospital

16

St Elizabeth Regional Hospital

31

St Barnabas District Hospital

40

Mthatha Regional Hospital

26

Nelson Mandela Academic Hospital

0

Zithulele District Hospital

148

Bedford orthopaedic hospital

22

Mthatha O&P centre

103

Aliwal North District Hospital

1

Burgesdorp Hospital

0

Empilisweni District Hospital

46

Mlamli hospital

0

Taylor Bequest(Mt Fletcher)District Hospital

13

Midlands District Hospital

6

Andriesvosloo District Hospital

2

Humansdorp District Hospital

0

Settlers District Hospital

0

Fort England Psychiatric

0

Temba TB

0

MajorieParishTB

0

Port Alfred

14

P.Z Meyer

2

FREE STATE

Hospital

Wheelchairs

FeziNgumbentombi District Hospital

35

Parys District Hospital

17

Tokollo District Hospital

15

Boitumelo Regional Hospital

149

Mafube District Hospital

23

Mohau District Hospital

22

Bongani Regional Hospital

32

Thusanong District Hospital

22

Orthotic/ProsheticServ Centre (Health)

5

Katleho District Hospital

8

Nala District Hospital

21

Botshabelo District Hospital

54

Dr JS Moroka District Hospital

0

National District Hospital

19

PelonomiTersiary Hospital

186

Universitas (C) Hospital

0

MUCPP CHC

76

Elizabeth Ross District Hospital

49

Phekolong District Hospital

39

Senorita Ntlabathi District Hospital

2

Thebe District Hospital

0

Dihlabeng Regional Hosp

0

Itemoheng District Hospital

40

MofumahadiManapoMopeli Region Hosp

18

Phuthuloha District Hospital

32

John Daniel Newberry District Hospital

26

Albert Nzula District Hospital

12

Diamant District Hospital

0

Embekweni District Hospital

0

Stoffel Coetzee District Hospital

0

GAUTENG

Hospital

Number of wheelchairs

BhekiMlangeni

20

Charlotte Maxeke

101

Chris Hani Bara

177

Edenvale

32

Helen Joseph

271

RahimaMoosa

17

South Rand

42

Bertha Gqowa

37

Far East Rand

72

Pholosong

120

Tambo Memorial

66

Tembisa

170

ThelleMogoerane

63

Heidelberg

23

Kopanong

2

Sebokeng

85

Bronkhorstspruit

16

Dr G Mukhari

168

Jubilee

31

Kalafong

111

Mamelodi

81

Odi

4

Steve Biko

142

Tshwane District

20

Tshwane Rehabilitation

131

Carletonville

13

Dr Y Dadoo

31

Leratong

92

KWAZULU-NATAL

Hospital

Wheelchairs

Addington Hospital

8

Amajuba District Municipality

46

Appelsbosch Hospital

23

Benedictine Hospital

44

Bethesda Hospital

16

Catherine Booth Hospital

10

Charles James TB Hospital

4

Charles Johnson Memorial Hospital

78

Christ the King Hospital

51

Church of Scotland Hospital

23

Clairwood Hospital

1

Don McKenzie TB Hospital

1

Dundee Hospital

27

East Griqualand and Usher Memorial Hospital

26

Edendale Hospital

83

Ekhombe Hospital

5

Emmaus Hospital

5

Eshowe Hospital

4

Estcourt Hospital

31

GJ Crooke's Hospital

12

Greytown Hospital

12

Hillcrest Hospital

2

Hlabisa Hospital

20

Itshelejuba Hospital

31

King Dinuzulu Hospital

24

King Edward VIII Hospital

3

KwaMagwaza Hospital

2

Ladysmith Hospital

45

Madadeni Hospital

21

Mahatma Gandhi Hospital

14

Manguzi Hospital

55

Mbongolwane Hospital

2

Montebello Hospital

2

Mosvold Hospital

21

Mseleni Hospital

29

Murchison Hospital

29

Newcastle Hospital

6

Ngwelezana Hospital

56

Niemeyer Memorial Hospital

11

Nkandla Hospital

27

Nkonjeni Hospital

22

Northdale Hospital

7

Osindisweni Hospital

5

Port Shepstone Hospital

21

Prince Mshiyeni Memorial Hospital

36

Queen Nandi Regional Hospital

3

Rietvlei Hospital

23

RK Khan Hospital

13

Andrew's Hospital

8

Apollinaris Hospital

7

Stanger Hospital

41

Umgeni Waterfall Institute Hospital

22

Umphumulo Hospital

25

Untunjambili Hospital

7

Vryheid Hospital

30

LIMPOPO

Hospital

Number of wheelchairs

Tshilidzini

11

Hayani

0

Malamulele

0

Louis Trichardt

2

Elim

0

Musina

0

Siloam

15

Donald Fraser

3

MaphuthaMalatjie

14

Van Velden

12

Evuxakeni

0

Letaba

15

Kgapane

0

Nkhensani

7

Sekororo

0

CN Phathudi

5

FH Odendaal

6

George Masebe

19

Mokopane

22

Thabazimbi

0

Elisras

8

Witpoort

0

Warmbath

0

Voortrekker

27

Zebediela

0

Seshego

0

Helen Franz

0

Knobel

13

Lebowakgomo

5

Mankweng

1

Polokwane

10

Botlokwa

8

Thabamoopo

0

Philadelphia

0

Dilokong

0

Jane Furse

20

Groblersdal

6

Matlala

0

St Ritas

0

Mecklenberg

11

MPUMALANGA

Hospital

Wheelchairs

Witbank

97

Impungwe

0

Bernice Samuel

15

Middelburg

55

HA Grove

10

WatervalBoven

4

Kwamhlanga

0

Rob Ferreira

74

Themba

66

Amajuba

11

Bethal

15

Carolina

9

Ermelo

97

Embhuleni

0

Evander

26

Pit Retief

86

Standerton

31

NORTH WEST

Hospital

Wheelchairs

Klerksdorp/Tshepong

24

Christiana

48

Witrand

87

Job ShimankanaTabane

32

Potchefstroom

90

Mafikeng

27

Gelukspan

4

NORTHERN CAPE

Hospital

Wheelchairs

Kimberley Hospital

42

WESTERN CAPE

Hospital

Wheelchairs

Tygerberg Hospital

205

Groote Schuur Hospital

254

George Hospital

24

New Somerset West Hospital

53

Paarl Hospital

62

Red Cross Children’s Hospital

73

Worcester Hospital

50

Alexandra Hospital

20

Lentegeur Hospital

01

Valkenberg Hospital

10

Western Cape Rehabilitation Centre (WCRC)

661

END.

20 August 2018 - NW1684

Profile picture: Thembekwayo, Dr S

Thembekwayo, Dr S to ask the Minister of Health

What number of days has the CT scanner at Thembisa Provincial Tertiary Hospital been out of order?

Reply:

In 2017, for 74 days the CT Scanner was not functional.

In 2018, for 84 days the CT Scanner pump was not working.

END.

20 August 2018 - NW2130

Profile picture: Dreyer, Ms AM

Dreyer, Ms AM to ask the Minister of Health

(1)What was the cause of death of the twins who were born to a certain person (name furnished) at the Tambo Memorial Hospital; (2) what is the (a) optimal and (b) actual number of (i) doctors, (ii) nurses and (iii) other specified health professionals at the Tambo Memorial Hospital; (3) (a) what are the names of the health professionals who were in attendance while a certain person (name furnished) gave birth to her twin babies, (b) in which theatre did she give birth to her twins and (c) why were the twins not placed in an incubator; (4) whether he has taken any action against any of the specified health professionals for alleged malpractice; if not, why not; if so, what are the relevant details; (5) whether the medication Tramadol is unsafe to use during pregnancy; if so, what action is his department taking against the doctor who allegedly prescribed it to the specified person?

Reply:

1. The cause of death of the twins was extreme prematurity. The foetuses were not viable in terms of gestational age.

2. (a) and (b) (i) The actual number of doctors at the Tambo Memorial Maternity Complex:

  • 2 x Senior Medical Officers
  • 1 x Medical Intern
  • 1 x Consultant

(ii) The actual number of nurses at the Tambo Memorial Maternity Complex:

  • Day Duty
  1. 1 x Operational Managers (work until 16h00)
  2. 4 x Midwives (one is dedicated for caesarean sections)
  • Night Duty
  1. 4 x Midwives (one is dedicated for caesarean sections)

(iii) Other Clinical Support at Tambo Memorial Complex

  • Social Workers;
  • Psychologists;
  • Anaesthetic: Medical Officer and Consultant;
  • Paediatricians: Medical Officer and Consultant

3. (a) to (c) The patient delivered vaginally spontaneously and the twins died immediately after birth due to extreme prematurity.

4. No health professionals were found to have acted wrongly.

5. Tramadol is safe in pregnancy.

END.

20 August 2018 - NW2076

Profile picture: Van Der Walt, Ms D

Van Der Walt, Ms D to ask the Minister of Cooperative Governance and Traditional Affairs

(1)      (a) What amount does each specified municipality (Ba-Phalaborwa LM, Giyani LM, Greater Letaba LM, Maruleng LM and Grater Tzaneen LM) owe to the Mopani District Municipality in Limpopo to date, (b) for what period has each debt been outstanding, (c) what are the reasons for non-payment and (d) what steps has the specified district municipality taken to collect the debt; (2) Will he and/or his department intervene; if not, why not; if so, (a) by what date and (b) how?

Reply:

The information was provided by the Mopani District Municipality

1. (a) The Mopani District Municipality has entered into agreements with its local municipalities (Ba-Phalaborwa LM, Greater Giyani LM, Greater Letaba LM, Greater Tzaneen LM and Maruleng LM) through which its locals are appointed to become water service providers on behalf of the district. As part of the agreement, it is the requirement that each local municipality provides the district on monthly basis, with a report outlining the revenue collected against the billing, expenditure and age analysis of the creditors and debtors for water. In terms of the signed agreements, it is mandatory of the locals to pay back the profit to the district if profits have been accumulated on the provision of water on behalf of the district, and if the locals have operated the water business at a loss, it becomes the responsibility of the district to repay the local municipality for the losses incurred. It is against the above context that only Ba- Phalaborwa owes Mopani district, as it is the only local municipality within the district that has operated the water provision business on profit, which resulted to a recorded debt R180 million.

Subsequently, the Mopani District Municipality has an outstanding debt to its four (4) locals within the district that are operating the water function at a loss and the breakdown is as follows:

  • Greater Tzaneen LM R179,6 million
  • Greater Letaba LM R55 million
  • Greater Giyani R27,6 million
  • Maruleng LM R23,4 million

b) The reported figures on outstanding debt are as at June 2017 and are reflected on the audited Annual Financial Statements of 2016/17 financial year. According to the municipality, the current and latest available debt amounts that are reported on the MFMA Section 71 reports are mostly disputed, incorrect, and unreliable and regarded as not a true reflection of the arrear debt.

c) The debt owed by and to the Mopani District Municipality is as a result of the following:

  • The local municipalities are having an agreement to provide or operate the provision of water and sanitation on behalf of the district. It is a requirement that in terms of the signed agreement between the district and its locals, the revenue collected and generated be transferred to the district. However, in most instances, the clause is not implemented.
  • The four local municipalities owed by the district are operating the water and sanitation services at a loss as the revenue they generated is less than the expenses they incurred, and as a result the district is expected to reimburse its locals.

The Ba-Phalaborwa Local Municipality has been operating the electricity function at a profit and the profit generated is expected to be surrendered to the district municipality on annual basis. However, this local municipality failed to surrender the profit, which has resulted on the outstanding debt.

d) Ba-Phalaborwa LM has signed and is honouring a payment agreement of R1. 7 million with the district municipality. The district uses the payment from the local municipality to repay its debt owed to the Water Board. The district is facilitating a process to write-off some of the outstanding debt of its local municipalities.

In terms of the project closeout report, it was identified that the root causes of non- payment of debt are as a result of the various shortfalls in the Service Level Agreement (SLA) between the district and its locals and the lack of implementation thereof. The district municipality is in the process of amending the SLA to improve the identified gaps.

2. The department has supported the Mopani District Municipality with a Simplified Revenue Plan in the 2016/17 to 2017/18 financial years. The simplified revenue plan’s objectives are to improve revenue management, reduce municipal consumer debt and protect municipal revenue. The department has also assisted the district municipality to determine cost reflective tariffs and recommended to the Mopani District Municipality not to charge the same tariff in all its five local municipalities, but to rather have tariffs that are determined in accordance with the circumstances of the different Water Service Providers (WSP).

The primary responsibility for water services provision rests with local government. In terms of Section 84 of the Municipal Structures Act, the responsibility for providing water services rests with the district and metropolitan municipalities. However, the Act allows the Minister of Cooperative Governance and Traditional Affairs to authorise a local municipality to perform these functions or exercise these powers. The district (or authorised local) municipality is the water services authority as defined in the Water Services Act.

There can only be one water services authority in any specific area (that is, water services authority areas cannot overlap). The main duty of water services providers is to provide water services in accordance with the Constitution, the Water Services Act and the by-laws of the water services authority, and in terms of any specific conditions set by the water services authority in a contract.

Mopani District Municipality has entered into an agreement with Local Municipalities through which it appointed the Local Municipalities to become water services providers on its behalf. As part of the agreement, the Local Municipalities are to provide for the rendering of water services in an efficient, equitable, cost effective and sustainable manner. The WSP was obligated in terms of the agreement to submit on a monthly basis not later than the 10th of every month, a report outlining the revenue collected against the billing, expenditure per line item and the age analysis of the creditors and debtors for water.

Adherence to WSP Agreement

The local municipalities do not adhere to the WSP agreement, as a result, credibility of the financial reports from local municipalities is questionable. The cash collection reports as well as the expenditure allocated to water and sanitation activities lack credibility, which in the end, the amounts claimed by both the district and the local municipalities are mostly disputed.

Disputes by local municipalities on non-payment as per the signed WSP agreement

The local municipalities are indicating that Income and Expenditure for the water and sanitation services are running at a loss. The SLA requires the WSA to open a separate bank account for the water and sanitation services and the WSP must bank all cash received daily into this account and currently not happening and negatively affect the cash flow of the District Municipalities.

20 August 2018 - NW2098

Profile picture: Mazzone, Ms NW

Mazzone, Ms NW to ask the Minister of Public Enterprises:

With reference to the R13,16 billion raised recently by Eskom to reduce its funding gap, (a) what amount did Eskom borrow from each local institution and (b) at what rate was each amount borrowed?

Reply:

Response according to the information received from Eskom

As at the end of April 2018 Eskom had secured approx. R13.6bn of the approved R72bn funding for 2018/19 financial year.

(a)

The names of the various lenders that provide funding are confidential as per the relevant facility/loan confidentiality clauses.

Eskom can however provide a high level breakdown of the R13.6bn funding as follows

  • R9.8bn is from agreements with Development Financing Institutions; and
  • R3.8bn raised through various domestic instruments issued to several different investors and financial intermediaries, under the Eskom Domestic Medium Term Note Programme.

(b)

The rates (cost of funding) were market related (refer to the yields quoted on the JSE for Eskom bonds) and comparative with Eskom’s overall cost of funding.

17 August 2018 - NW156

Profile picture: Mokoena, Mr L

Mokoena, Mr L to ask the Minister of Mineral Resources

Whether (a) his department and/or (b) any entity reporting to him own land; if so, in each case, (i) where is each plot of land located, (ii) what is the size of each specified plot and (iii) what is each plot currently being used for?

Reply:

(a)(i)(ii)(iii) No, The Department of Mineral Resources owns no land.

b. Entities

1. Council for Geoscience

(i)Location

(ii) What is the size of each specified plot

(iii) What is each plot currently being used for?

Erf 11238, Bellville, Western Cape, South Africa,

3 Oos Street, Bellville Western Cape

6 847 m²

Office Space: Regional

Portion 3 of the farm Magdalenasrust 861

Boshof RD, Free State

513.9192 ha

Seismic Monitoring Facility

Portion 80 of farm Donkerhoek 365 JR

Gauteng

218 190 m²

National Core Library

Portion 5 of Erf 2613

139 Jabu Ndlovu Street, Pietermaritzburg, KZN

1 514 m²

Office Space: Regional

Erf 110 Pietersburg Ext 7

21 Schoeman Street Polokwane, Limpopo

2 855 m²

Warehousing – Development of Office Space: Regional

Erf 1629 Walmer, Port Elizabeth, Eastern Cape

16 Second Avenue, Walmer

1 435 m²

Office Space: Regional

A portion of the Rem Ext of Ptn 96 (ptn of Ptn 50) of the farm Pretoria Town and Townlands 351 JR

474 Carl Street,Pretoria West, Gauteng

2 330 m²

Warehousing

Portion of Portion 77 of the farm Koedoespoort 325 JR.

36 000 m²

Office Space: Head Office

Erf 1094 Olyvenhoutsdrift Settlement, Kenhardt

280 Pretoria Street, Pretoria, Gauteng

4 106 m²

Warehousing

Erf 1189 Upington

30 Connar Street, Die Rand, Upington, Northern Cape

1 979 m²

Office Space: Regional

2. MINTEK

Location

(ii) What is the size of each specified plot

(iii)What is each plot currently being used for?

Portion 175 of the Farm Klipfontein 203, District of Randburg, Gauteng

222,662 m²

Land has been developed to provide the infrastructure required for Mintek to carry out its operations. This includes office buildings, laboratories and plant facilities.

Portion 226 of the Farm Klipfontein 203 IQ, Gauteng

37,589 m²

Land has been developed to provide the infrastructure required for Mintek to carry out its operations. This includes office buildings, laboratories and plant facilities.

3. Mine Health and Safety Council

MHSC does not own a plot of land.

4. State Diamond Trader

SDT does not own a plot of land

5. South African Diamond and Precious Metal Regulator

SADPMR does not own a plot of land

Approved/Not Approved

Mr SG Mantashe

Minister of Mineral Resources

Date Submitted:-……………/………………/2018

17 August 2018 - NW1282

Profile picture: Jafta, Mr SM

Jafta, Mr SM to ask the Minister of Mineral Resources

With reference to section 54 of the Mine Health and Safety Act, Act 29 of 1996, to what extent has he engaged all role-players in the mining sector concerning the perceived (a) opaque reasons often furnished by his department to close mines that seemingly have an adverse effect on the health and safety of employees and (b) attitude of employers with regard to work stoppages?

Reply:

a) The Minister has previously engaged with stakeholders in the Mining Industry Growth Development Employment Task Team (MIGDETT) on section 54. There were also further engagement in the Mine Health and Safety Council. These structures consists of organised labour (NUM, AMCU, UASA, and Solidarity) employers (Minerals council of South Africa, South African Mining Development Agency). Mining companies either individually or collectively also meet with the Minister on section 54 enforcement.

b) There are general 3 types of response from the mining companies:

  • Some mining companies accept the section 54 as being positive and adding value to management oversight to non-compliance to the Mine Health and Safety Act.
  • Second group thinks that a different enforcement measure should have applied like section 55 instead of section 54. This group will accept the section 54 instruction with reservations.
  • The last group is very antagonistic and challenges the decisions of the Inspector in the Labour Court for the section 54 to be varied or set aside. There are companies that have even sued the Department for loss of production after they were issued with a section 54 instruction.

Approved/Not Approved

Mr SG Mantashe, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2018

17 August 2018 - NW1355

Profile picture: Mhlongo, Mr TW

Mhlongo, Mr TW to ask the Minister of Mineral Resources

Whether there are any (a) environmental and (b) human risks involved when explosives are being used for illegal mining next to the FNB Stadium; if so, (i) what are the risks and (ii) what is his department doing to address the risks?

Reply:

(a) No.

(b) There are significant human risks.

(i) There are significant human risks are that the illegal miners can get injured or killed from the blast, inhale noxious gases from the explosion which can lead to death; can cause underground fires. Some of the stolen explosives are sometimes also used in blasting Automatic Teller Machines (ATMs).

(ii) The Department is working together with the all law agencies including the Hawks to arrest and recommend for prosecutions of illegal miners and the syndicate leaders. There is also Gauteng Illegal Mining Stakeholder Forum which consists of SAPS, Crime Intelligence, State Security agency; Mining Companies; Organised Labour. The Mine Health and Safety Council is developing a new standard for sealing of shafts that will minimise the risk of being re-opened by illegal miners and less susceptible to environmental factors.

 

Approved/Not Approved

Mr SG Mantashe, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2018

17 August 2018 - NW1268

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Public Enterprises

(1)(a) What is the full name of the company that applied for a certain tender in 2016, namely Scarlet Sky Investments 60 (Pty) Ltd or Scarlet Sky Investments (Pty) Ltd and (b) did the specified company comply with all the prerequisites of the Kimberly Process Certification Scheme before the contract was awarded to them; (2) (a) what relevant details were disclosed in the company’s bid with Alexcor regarding a certain person, namely Mr Moodley (b) was the specified tender advertised and (c) what are the names of the other bidders?

Reply:

The response is based on information received from Alexkor SOC Limited.

(1)

(a)

Scarlet Sky Investments 60 Pty Ltd

 

(b)

Yes the company complies in terms of the requirements of the South African Diamond and Precious Stones Regulator as the premises is licensed as a diamond tender house as prescribed by legislation.

 

(2)

(a)

The Supply Chain Management policy of the Alexkor PSJV does not make provision for companies to disclose details of any of its individual shareholders.

 

(b)

The tender was advertised in terms of the PSJV Supply Chain Management Procedure.

 

(c)

i) FDTH 2 Pty Ltd (Flawless Diamond Trading House)

ii) E Diamonds

iii) DDA Trading

iv) Carbon Black Solutions

v) Laser Cleave Pty Ltd

Minister: The Department has instituted a forensic investigation into some of the above

matters.

17 August 2018 - NW2146

Profile picture: Paulsen, Mr N M

Paulsen, Mr N M to ask the Minister of Public Enterprises

Whether he has found that the new coal independent power producing plants will negate the Government’s plans to combat climate change; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

According to the information received from Eskom 

The Department of Environmental Affairs (DEA) has a National Climate Response White Policy Paper in place and has currently released the Climate Change Bill for public consultation. 

To ensure full alignment with the National Climate Change Response White Paper, Eskom has a climate change policy and a strategy in place in line with overall government policy. Eskom Climate Change Strategy provides an overview of Eskom’s initiatives in terms of the following: 

1. Adaptation to the adverse impacts of climate change;

2. Green and climate finance opportunities;

3. Innovation through research and development; 

4. Diversification of the energy mix to lower carbon technologies;

5. Energy efficiency; 

6. Advocacy and Partnerships at national and international levels on climate change response.

Lastly, the most effective way to reduce greenhouse gas emission from the electricity sector is to diversify the electricity supply. To date, all low carbon supply options determined through the IRP process have been allocated to Independent Power Producers by the Department of Energy. 

Given that coal-fired generation has a negative impact on greenhouse gas (viz. carbon dioxide, nitrous oxide and methane) emissions, any addition of coal generation plant will negatively impact on climate change.

South Africa’s commitment to reduce these emissions was taken into account in the 2010 IRP by way of a cap on carbon emissions. It is expected that the new iteration of the IRP is cognisant of South Africa’s commitment to the Paris Agreement to reduce greenhouse gas emissions

Eskom has a plan in place to manage local air pollutants such as sulphur dioxide. This however is not a greenhouse gas and technologies such as the FGD technology only removes sulphur dioxide emissions. In the absence of end-of-pipe technology, there are little opportunities to reduce the carbon footprint of existing coal-fired power stations.

Currently, the most effective way to reduce greenhouse gas emissions from the electricity sector is to diversify the electricity supply away from coal towards lower-carbon technologies (nuclear, hydro, renewables and gas). Unfortunately, to date, all lower-carbon supply options determined through the IRP Planning process have been allocated to Independent Power Producers and not to Eskom.

In the absence of a low-carbon supply allocation, Eskom has proceeded with delivering demand management savings, the New Build programme (Medupi and Kusile power stations employ supercritical designs) as well as Ingula Pumped Storage Scheme.

Further initiatives include the roll out of photovoltaic (PV) plants to supplement generation at existing coal-fired power station sites, the construction and operation of Sere (100 MW windfarm) and many research initiatives, from an operating rural microgrid and smartgrid applications to wave energy to electric vehicle testing.

Eskom Transmission has also enabled the connection of over 3 000 MW renewable energy projects to the national grid.

In this respect, Eskom is well-prepared to manage the transition away from carbon intensive electricity production and participates extensively in Department of Environmental Affairs processes to report and limit future greenhouse gas emissions.

Further, Eskom has undertaken detailed studies with the CSIR on climate impact modelling in Southern Africa. This work will inform plans on how to prepare Eskom’s infrastructure and people for impending climate change and extreme weather events. The country’s (and by inference Eskom’s) vulnerability to climate change is cause for concern and we want to ensure we deal with this proactively.

It is critical that there is a “just transition” from carbon intensive electricity production. The transition should be able to address the pressing socio-economic challenges of poverty and inequality. The workers and communities, especially those in the sectors and areas that will be most affected, such as coal plants, coal mines and coal transportation will need alternatives to secure their well-being. Options such as re-skilling for new jobs and community based programmes are vital to ensure that those most vulnerable to the development are protected

17 August 2018 - NW1267

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Public Enterprises

(1) Did a certain company, namely Scarlet Sky Investments, have a track record in the diamond industry prior to its appointment by Alexkor; if so, what are the relevant details; (2) (a) why has no beneficiation for the community taken place since the appointment of the specified company by Alexkor and (b) what are the details of how transferring the sale of diamonds to the company has impacted on the value returned to (i) Alexkor and (ii) the miners; (3) (a) on what basis was the company again awarded the contract in November 2016, (b) why is there no longer an independent valuator model included in the company’s contract, (c) who made this decision, (d) how does it impact on the sale of diamonds, (e) to which companies has the auction been opened since the adoption of the auction model and (f) who has been the most successful bidder since the start of the program; (4) is the specified company a licensed diamond trader and the premises licensed as a tender house?

Reply:

The response is based on information received from Alexkor SOC Ltd.

(1)

The company, namely Scarlet Sky Investments 60 CC (SSI) itself, had no track record, until, Mr Daniel Nathan, with twenty years’ experience within the diamond industry, was appointed as a Director of SSI in November 2014.

(2)

(a)

Beneficiation is currently taking place at the offices of Scarlet Skye Investments (SSI) based in Houghton, Johannesburg, Gauteng. SSI currently employs learners from the Richtersveld Community. Beneficiation has been taking place since 2015.

     
 

(b)

Beneficiation contributes an additional 9% (NINE PERCENT) income to the Pooling and Sharing Joint Venture (PSJV) to income after the tender process.

(3)

(a)

The Alexkor PSJV followed its Supply Chain Management policy.

The process included:

   

(i)

the “Request for Proposal” (RFP 03/14) was advertised in the Government Tender Bulletin dated 31 October 2014 as well as the Business Day on 25 October 2014;

   

(ii)

7 (SEVEN) Companies expressed their interest in RFP 03/2014 and submitted proposals

   

(iii)

Gamiro Advisory Services were appointed by the Alexkor PSJV Board to evaluate the proposals received;

   

(iv)

The top 3 companies, according to the evaluation scores, were invited to present to the Alexkor PSJV Board Tender Committee; and

   

(v)

Following the presentation and assessment of the SSI bid proposal, the Alexkor PSJV Board was satisfied with the prices and proposals submitted by SSI. The Alexkor PSJV Board appointed SSI with effect from 01 March 2018.

       
 

(b)

The independent valuator process was stopped after some of the contractors’ complained about beneficiation and it was decided that the diamonds selected for beneficiation process will be paid based on the tender price of the goods.

 

(c)

The decision was taken by the Management of the Alexkor RMC PSJV

 

(d)

It did not have any impact on the diamond sales as the diamonds are sold to the highest bidder and not on the reserved price.

 

(e)

There are about between sixty and eighty companies attending the diamond tenders. It is not always the same companies attending the tenders; this varies from sale to sale. Since inception approximately 200 license holding companies participated in the tenders. These tenders take place at the offices of SSI in Johannesburg,

 

(f)

The diamonds are not sold to one specific company but to various participating license holding companies that has the highest bid on any specific range or category of diamonds on tender. Since 2015 approximately 200 companies participated in the tenders. The sales are very competitive and there is at least 15 to 20 winning companies at every sale. (This number depends on how many carats are on sale).

   

(4)

In terms of the South African Diamonds and Precious Metals Regulator (SADPMR) prescripts, a license is issued to an individual “Diamond Dealer” or to a company “Diamond Trading House”. In this instance, Mr Daniel Nathan is the holder of the required Diamond Dealer license.

 

Minister: The Department has initiated a forensic investigation into these matters.

17 August 2018 - NW2133

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(1)With reference to (a) his department and (b) all the entities reporting to him, (i) what number of legal matters have been dealt with in each of the past three financial years and (ii) what are the details of the specified matters in each case; (2) With regard to the matters that were initiated by his department and/or entities reporting to him and another party, on what date was each matter launched and concluded in each instance; (3) (a) What number of matters are still outstanding, (b) what are the relevant details of the matters and (c) why are they still outstanding in each case; (4) What amount has been (a) budgeted in respect of each financial year and (b) spent on each matter in each financial year?

Reply:

REPLY : 1 (a) (i)

2015/2016 (11 matters)

2016/2017 (19 matters)

2017/2018 (12 matters)

1(a)(ii) Details of the specified matters in each case

 

MATTERS

DETAILS

15/16

16/17

17/18

DOT/Bowman/Ngidi and Morar

Proceedings to recover amounts paid to consultants without following procurement procedures

x

x

x

Tasima/ DOT, RTMC

Application by Tasima to enforce court orders, DOT and RTMC brought counter application to declare 2010 contract extension unlawful

x

x

x

Prodiba/DOT

Counter application by DOT to declare the 2010 contract extension unlawful

x

x

 

Central African Road Services / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

 

x

x

Road Freight Association / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

 

x

x

Marine Enquiry Kingfisher

Marine court of enquiry on the sinking of the Kingfisher boat in Port Elizabeth leading to loss of lives

x

x

 

DOT/Hlabisa

Charges related to over payment made on provincial road maintenance grant. A final written warning was given.

x

x

 

DOT/Vilana

Charges related to breach of supply chain processes, misuse of authority, and his decision on the appointment of the service provider related to the investor conference. He opted to resign.

x

x

 

DOT/Thwala

Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court

x

x

x

MEC for Transport KZN/ Transport Appeal Tribunal

Challenge of the decisions of the Transport Appeal Tribunal to set aside the decisions of the Provincial Regulatory Entity

x

x

 

JV Ndorum/ Minister of Transport, Finance, Defence, Transport Eastern Cape

Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport

x

x

x

City of Cape Town / SANRAL & Minister of Transport

Review application by the City of Cape Town on the approval of tolling of the N1/2 Winelands toll routes

x

x

 

Levers Mabaso/DOT

Application to set aside the process followed in appointing the Chief Director : Legal Services

x

x

x

Marine Enquiry Witbank

Marine Court of enquiry on the sinking of a boat at the Witbank Dam that led to loss of lives

 

x

x

Popo Molefe / PRASA & Minister of Transport

Application to set aside the decision of the Minister to dismiss the Board of PRASA

 

x

x

Jinja Outdoor Advertising / SANRAL & DOT

Application to set aside the decision of SANRAL to remove a bill board over the N1 highway

 

x

x

#Unite Behind and Equal Education / Minister of Transport and PRASA

Application to set aside the decision of the Minister to appoint an interim Board of PRASA

 

x

x

Selepe / DOT

 

Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe

 

x

x

African Harvest/ Regulating Committee

Application to challenge the fixing of tariff permits

 

x

 

African Harvest / Minister of Transport and ACSA

Application to compel the Minister of Transport and ACSA to purchase the shares of the Minority shareholders in ACSA

     

 

2. The matter of DOT against Bowman, Ngidi and Morar inc was instituted on 15 March 2016 and it has not been concluded as yet, as the court process is still underway.

3. (a) Six (6) matters are still outstanding

Matter

(b) Details

(c) Status

DOT/Bowman, Ngidi and Morar

Proceedings to recover amounts paid to consultants without following procurement procedures

The matter is still progressing

DOT/Thwala

Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court

Awaiting hearing date

Selepe/DOT

Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe

Preparation of answering affidavits

African Harvest/Minister of Transport and ACSA

Application to compel the Minister of Transport and ACSA to purchase the shares of the Minority shareholders in ACSA

The matter is still progressing

#Unite Behind and Equal Education/Minister of Transport and PRASA

Application to set aside the decision of the Minister to appoint an interim Board of PRASA

The matter is still progressing

JV Ndorum

Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport

The matter is still progressing

 

4. (a) The following amounts were budgeted for each financial year

2015/2016 (R9 364,000.00)

2016/2017 (R9 500,000.00)

2017/2018 (R8 986,000.00)

(b) Total spent on each matter

Matter

2015/2016

2016/2017

2017/2018

DOT/ Bowman, Ngidi and Morar

R82, 560.00

 

R81, 795.00

Tasima/ DOT, RTMC

R6, 694, 560.56

R8, 510, 948.47

R922, 637.46

Prodiba/DOT

R102, 600.00

R37, 620.00

 

Marine Enquiry Kingfisher

R2, 293, 858.79

R82 000.00

 

DOT/Hlabisa

R141, 900.00

R137, 500.00

 

DOT/Vilana

R297, 225.00

R337, 325.25

 

DOT/Thwala

R755, 410.10

R1, 743, 883.60

R348, 700.00

MEC for Transport KZN/ Transport Appeal Tribunal

R232, 862.83

R673, 356. 26

 

JV Ndorum/ DOT, Finance, Defence, Transport Eastern Cape

R139, 878.00

R137, 500.00

R107, 217.00

City of Cape Town / SANRAL & DOT

R837, 501.00

R517, 389.00

 

Levers Mabaso/DOT

R56, 943.00

 

R96, 444.00

Marine Enquiry Witbank

 

R3, 640, 159.14

 

African Harvest / Minister of Transport and ACSA

 

R445, 657.00

R2, 427, 744.00

Popo Molefe / PRASA & Minister of Transport

 

R98 000.00

R588, 282.00

Jinja Outdoor Advertising / SANRAL & DOT

 

R86 782.50

 

#Unite Behind & Equal Education / Minister of Transport & PRASA

     

Selepe / DOT

 

R157, 263.00)

 

R273, 703.00

African Harvest/ Regulating Committee

   

R485, 469.00

Central African Road Services / Minister of Transport and CBRTA

R235, 367.00

R349, 483.79)

 

Road Freight Association / Minister of Transport and CBRTA

R124, 254.00

R87, 425.98)

 

 

Airports Company South Africa SOC Limited (ACSA)

(1) (a) Not Applicable to ACSA

(b)(i) In the past three financial years ACSA has dealt with 36 (Thirty Six) litigation matters.

(ii) Please see attached spreadsheet.

Please note that the current members of the legal team have only been with ACSA for a period of 1 year 3 months at most. This report is therefore limited to the matters which they have dealt with and those where information has been readily available. There could therefore be litigation matters which are not included herein due to the fact that there is no information that is available on these matters.

(2) Please see annexed spreadsheet.

(3) Please see annexed spreadsheet.

(4) (a) The amounts budgeted in respect of each financial year are as follows: -

2015/ 2016- R9 000,000

2016/2017- R11 000,000

2017/2018- R21 000,000

(b) The amounts spent on legal expenses for the past three financial years are as follows:

2015/2016- R 22 147 833

2016/ 2017- R 30 106 855

2017/ 2018 - R 46 646 308

The legal expenses for the financial year 2017/ 2018 also include the expenses on the debt collection matters which the legal department has taken over from FinOps.

Air Traffic and Navigation Services SOC Limited (ATNS)

  1. (i) Seven.

(ii) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process.

  1. ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing,
  2. ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers,
  3. ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS,
  4. ATNS/T Mofuledu : Fraud.
  5. ATNS/ S Khan Recovery/ Breach of training Contract.

(2) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process : 2018.

  1. ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing : 2018.
  2. ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers : 2018.
  3. ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS : 2018.
  4. ATNS/T Mofuledu : Fraud : 2015.
  5. ATNS/ S Khan Recovery/ Breach of training Contract : 2015.

(3) (a) Seven

(b) (c) - ATNS / Ndlovu: Urgent Application for dismissal /Interdict of Internal Disciplinary Process: 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing. The matter was postponed on 26 April 2018 to provide the Applicant (Mr. Ndlovu) to file his responding Affidavit. He argued that he was unable to respond to the Affidavit. The disciplinary hearing has been finalised which led to the employee being dismissed and the termination letter was handed to him on 25 May 2018.

  • ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing.Notice of Intention to Oppose has been filed.
  • ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing. Notice of intention to oppose has been filed.
  • ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing.
  • ATNS/T Mofuledu : Fraud : 2015 : There is a criminal and civil charge against the defendant. On 10 March 2017 the defendant cannot be found at the last known address as a result he cannot be served. The defendant will only be served upon his arrest.
  • ATNS/ S Khan Recovery/ Breach of training Contract : 2015 : Matters has been settled in Court in the amount of R85000.00.

(4)(a) Financial Year Actual Budget

2017/18 3 247 189 5 000 000

2016/17 3 932 315 8 637 289

2015/16 7 979 519 6 950 000

(b) ATNS / Ndlovu: R312 115.20.

ATNS/ NDLOVU: R154 477.97.

ATNS / MOTSOGI: Not Yet Invoiced.

ATNS/ MOFULEDU: R27300.00 and R44 118.00.

ATNS/ S KHAN: R103 466.80.

South African Civil Aviation Authority (SACAA)

(1) (a) is not applicable. For questions (1) (b), (i) and (ii); (2); (3) (a), (b) and (c); (4) (a) and (b) please refer to ANNEXURE A: SACAA Response to National Assembly Question Number: 2133 by Mr M SF de Freitas (DA) on Legal Matters Instituted Against and by the SACAA.

Railway Safety Regulator (RSR)

  1. (i) Five legal matters have been dealt with by the RSR.

(ii) The details of the matters are as follow:

BMW vs RSR, 2015

The matter was a review application against the decision of the Board and RSR on the reduction of the permit validity period of the operators and lack of consultations with operators. The RSR defended the matter at the High Court and it was concluded in April 2017, with the order in favour of the RSR.

Sefora Kutumela vs RSR and Others, 2015

Review application by the applicant against an award of the CCMA confirming dismissal of the applicant by the RSR. Matter was lodged at the Labour Court. The matter appears to have been abandoned by the employee as it was never set down for review after the last court sitting in November 2015.

Gumede and others vs RSR, 2015

Litigation was initiated by the plaintiffs in a claim against the RSR for failure to vacate the premises rented in Bruma on time and effecting necessary reperations. The matter was settled out of court in April 2016.

Intengu Communications vs RSR, 2016

The complainant filed an arbitration complaint against the RSR claiming an amount of R505,030-27 for services rendered for the Women in Rail Conference which Intengu alleges they have performed. The RSR defended the matter at the arbitration proceedings and the complainant subsequently withdrew the dispute and the matter was settled between the parties in April 2018.

Transnet SOC Ltd vs RSR, 2016

Transnet lodged an urgent application against RSR following an unsuccessful permit application. The matter proceeded in court and the application by Transnet was dismissed.

  1. The RSR has not launched any legal matters against any party.
  1. All matters have been concluded. There is currently no active litigation against the RSR.
  1. The amount budgeted and spent for each financial year is as follow:
  1. Financial Year
  1. Amount budgeted
  1. Amount spent

2015/2016

R3,000,000-00

R699,767-50

2016/2017

R2,000,000-00

R1,105,089-00

2017/2018

R1,000,000-00

R717,143-00

Passenger Rail Agency of South Africa (PRASA)

  1. (i) The number of legal matters that have been dealt with in each of the financial years are:
  • 2015/16 – 25 matters
  • 2016/17 – 40 matters
  • 2017/18 – 52 matters

(ii) The matters listed below are matters in respect of which the counter party mentioned has ommenced legal proceedings either in court or through alternative dispute resolution, for example, arbitration proceedings. Note that this list exludes items where PRASA initiated legal matters.

   

Year

(ii) Details of matters

15/16

16/17

17/18

Prodigy Business Services

Claiming for alleged failure to pay for services rendered.

 

X

X

Bagale Consulting

Claiming for alleged failure to pay for services rendered during 2010.

X

X

X

Labour disputes,

Including mass dismissal dispute by National Transport Movement.

X

X

X

Rail & Road Assessing Services

Application was launched for dismissal of action.

X

X

X

Lenkwane Cleaning Services

For alleged breach of contract.

X

X

X

Proconse Consulting Engineers

For alleged failure to pay for services rendered.

X

X

X

Various insurance claims

For personal injuries

X

X

X

Bombardier Africa Alliance -

Delay claims allegedly occasioned by a change request and a NUMSA strike.

X

X

X

Algee Medics and Fire

For alleged failure to pay for services rendered.

X

X

X

Tiro Projects -

Claim for alleged failure to pay for professional services rendered.

X

X

X

ME Mlungisi.

Alleged unlawful arrest

X

X

X

National Force Security

For alleged unlawful cancellation of security contract.

X

X

X

Transportation and Traffic Technology Africa

For alleged failure to pay for professional services rendered.

X

X

X

Madisha & Associates -

Claim for alleged breach of contract.

X

X

X

Baran Projects SA -

Claim for alleged failure to pay for goods sold and delivered.

X

X

X

Koor Dindar Moti Quantity Services -

Claim for alleged failure to pay for services rendered / work performed.

X

X

X

The New Age -

Claim for alleged failure to pay for goods sold and delivered.

X

X

X

Sbahle Safety consultants

For alleged failure to pay for services rendered.

X

X

X

Be My Guest Trading

For alleged failure to pay for services rendered.

X

X

X

Rasakanya Builders CC -

Claim for alleged failure to pay for cleaning services rendered.

X

X

X

Business Pledge -

Claim for alleged failure to pay in terms of an agreement.

X

X

X

Phumelela Fleet Operations (Pty) Ltd -

Claim for alleged failure to pay services rendered, viz Vehicle Management Tracking System.

X

X

X

Enterprise Technology Solutions (Pty) Ltd -

Declaratory order setting aside cancellation of rental and loan of certain equipment agreement.

X

X

X

Siyaya Rail Solutions -

Claim for alleged failure to pay for professional services rendered.

X

X

X

Daveglen 371 (Pty) Ltd t/a Security International -

Claim in respect of Statutory increases determined by the Security Industry.

X

X

 

Siyaya db Consulting Engineers -

Claim for alleged failure to pay for services rendered.

 

X

X

EE Meishwine vs Autopax,

Claiming for loss of support.

 

X

X

Madisha & Associates CC -

Alleged early termination of contract.

 

X

X

Raamba Engineering Enterprises CC and JRACCE (PTY) LTD -

Subcontractor work

 

X

X

DBI -

Change in scope and budget.

 

X

X

MMQS-MACE (PTY) LTD -

Claim for work done

 

X

 

OTIS (PTY) LTD

Variation on contract.

 

X

 

VISION AFRICA as part of MMQS-MACE (PTY) LTD -

Alleged work done.

 

X

X

Pro-Serve Consulting -

Alleged work done.

 

X

X

Kamo Architects -

Alleged services rendered

 

X

 

Kamo Construction -

Alleged services rendered

 

X

 

Siyangena

interest.

 

X

X

Lebepe Quantity Surveyors -

Alleged services rendered

 

X

X

Brouwers Property Development cc –

Penalties

 

X

 

David Underwood/Sharpline Graphics -

Claim for breach of contract

   

X

Mtiya Dynamics -

Alleged services rendered

   

X

Tshepo Nkwana -

Unlawful deduction from pension fund payout

   

X

DC Worst Composite (PTY) LTD vs Tecuvert & PRASA -

Alleged services rendered

   

X

DC Worst Composite (PTY) LTD vs Baraka Eng & PRASA -

Alleged services rendered

   

X

DC Worst Composite (PTY)LTD vs Ecoan Eng & PRASA -

Alleged services rendered

 

-

X

Sebenza Shipping and Forwarding -

Alleged services rendered

   

X

Fabor Engineering Products (PTY) LTD -

Alleged services rendered

   

X

Nkambule and Associates -

Alleged services rendered

   

X

Superway Constructions vs PRASA -

Alleged services rendered

   

X

Theeunissen J  vs PRASA & others

Claim for injuries/unlawful arrest

   

X

Phaahlana Mahlako Investments -

Alleged services rendered

   

X

Boyisa Trading Enterprise -

Alleged services rendered

   

X

  1. Matters initiated by PRASA

Matter

Date launched

Status

Swifambo Rail Leasing

June 2016

In progress

Swifambo Rail Leasing – Appeal by Swifambo

June 2017

In progress

Siyangena Technologies

December 2015

In progress

Siyangena Technologies

March 2018

In progress

Compass Insurance

July 2015

In progress

Eastern Cape : Department of Health

January 2011

In progress

National Department of Public Works

April 2011

In progress

Arbour Town

February 2011

In progress

F Gastin

September 2016

In progress

J Phungula

December 2015

In progress

D Mthimkhulu

November 2015

In progress

M Mngomezulu

December 2016

In progress

Mazwe Financial Services

April 2016

In progress

Independent Development Corporation (IDC)

November 2016

In progress

  1. (a)There are twelve (12) matters outstanding where PRASA have initiated legal action:

Matter

(b) Detail

(c) Status

Swifambo Rail Leasing

In July 2017, the Local Division of the Gauteng High court ruled in favour of PRASA to set aside an agreement in the amount of R3.5 billion with Swifambo Rail Leasing for the sale and purchase locomotives dated 25 March 2013. PRASA had paid Swifambo an amount of R2.6 billion.

 

The matter has been taken on appeal. Awaiting date from Supreme Court of Appeal

Siyangena Technologies

Review of award of the tender and/or contract to supply and install ISAMS .

In progress

Compass Insurance

Claims against an insurer of a contractor in respect of the non-performance of contractor that has since been liquidated.

In progress

Eastern Cape : Department of Health

Claim for alleged failure to pay for Professional Services

In progress

National Department of Public Works

Claim for alleged failure to pay for Professional Services

In progress

Arbour Town

Claim for alleged failure to pay for Professional Services

In progress

F Gastin

Claim for monies paid where no services were rendered and the contract was irregular

Awaiting hearing date

J Phungula

Claim for payments made to an employee who was employed on the basis of misrepresentation

Awaiting trial date

D Mthimkhulu

Claim for payments made to an employee who was employed on the basis of misrepresentation

Awaiting trial date

M Mngomezulu

Claim for salaries paid when employee was absent without leave of absence..

Awaiting trial date

Mazwe Financial Services

Claim of monies erroneously paid in respect of unpaid loans advanced to employees

Assessing detail of quantum of claim

Independent Development Corporation (IDC)

Refusal to pay gurantee to PRASA on a contractor that failed to remedy breach of provisions.

Process to complete legal matters take time

  1. The matters in legal do not have an allocated budget per individual case. Spending on each case also requires detailed analysis as legal representatives deal with more than one matter. PRASA also has a number of law firms that represent the entitiy.

Legal Fees PRASA

2015/16

2016/17

2017/18

  1. Budget

R36,099 million

R35 million

R36 million

  1. Spend

R69,643 million

R49,424 million

R60,874 million

 

Ports Regulator of South Africa (PRSA)

  1. (b) The Ports Regulator did not have any legal matters that were dealt with except for those under the Tribunal function which is one of its programmes.
  2. N/A
  3. N/A
  4. N/A

South African Maritime Safety Authority (SAMSA)

In 2016/2017 SAMSA had a litigious matter -Patrick Eric Deale t/a Deale Attorneys v SAMSA Case No. 4290/2017- the claim was in respect unpaid legal fees. The matter was settled in the amount R35 677.44.

SAMSA currently has one pending litigious matter. S Gool v SAMSA sued out the Regional Court for Regional Division of Western Cape Case No.616/2018. The claim is for amounts allegedly owed to Mr Gool for work he did in respect of feasibility study. The amount being claimed R 280 000.00. The matter is outstanding.

(b) The Cross-Border Road Transport Agency (C-BRTA)

  1. 2015/16 - 7 Matters

(i) 2016/17 - 7 matters

(i) 2017/18 - 10 matters

(ii) details of the specified matters in each case

Financial Year 2015/16

Commencement date

Title of the Matter

Fact of the Matter

14 September 2014

(carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

10 September 2016

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

10 June 2015

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

25 June 2015

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

16 January 2014

(carried over from previous financial year)

Muranga and Others// C-BRTA

Claim for breach of employment contract.

06 July 2015

RSA-Lesotho Cross–Border Route Corridor Committee//Minister of Transport and other

Declaring a directive invalid and setting it aside.

(ii) details of the specified matters in each case

Financial Year 2016/17

Commencement Date

Title of the Matter

Fact of the Matter

1 September 2014

(carried over from previous financial year)

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

14 September 2014

(carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

10 September 2016

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

10 June 2015

(carried over from previous financial year)

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

25 June 2015

(carried over from previous financial year)

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

16 January 2014

(carried over from previous financial year)

Muranga and Others// C-BRTA

Claim for breach of employment contract.

(ii) details of the specified matters in each case

Financial Year 2017/18

Commencement date

Title of the Matter

Fact of the Matter

8 April 2017

Jj Trauernicht // Cross Border Road Transport Agency-BRTA, Amos Lelope

The applicant in this matter was involved in an accident with an RTI officer. The applicant drove into the RTI office as he crossed the road.

14 September 2014

(carried over from previous financial year)

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

16 April 2014

(carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

10 September 2016

(carried over from previous financial year)

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

10 June 2015

(carried over from previous financial year)

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

25 June 2015

(carried over from previous financial year)

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

16 January 2014

(carried over from previous financial year)

Muranga and Others// C-BRTA

Claim for breach of employment contract.

5 April 2017

Reggie Williams and Other// C-BRTA

Illegality regarding the migration of the road transport inspectorate to RTMC.

6 November 2017

C-BRTA// National Cross Border Taxi Association and others

Urgent interdict to remove the protesting taxi association from at the Agencies premises and to prevent them from continuing or returning at a later date.

  1. The details of the matters initiated by the C-BRTA are in the table below :

Title of Matter

Launch Date

Date Concluded

C-BRTA//Shavana Ni Vukosi

10 September 2015

Pending

C-BRTA// National Cross Border Taxi Association and others

6 November 2017

6 November 2017

  1. (a) Seven (7) matters are outstanding.

(b) Title of the Matter

Fact of the Matter

(c) Reason outstanding

Jj Trauernicht // Cross Border Road Transport Agency-BRTA, Amos Lelope

The applicant in this matter was involved in an accident with an RTI officer. The applicant drove into the RTI office as he crossed the road.

Pending, dependent on court processes

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

 

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

 

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

 

C-BRTA // Shavana Ni Vukosi Trading And Projects(PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

 

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

 

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

 
  1. (a) The following amounts were budgeted for in each of the financial years:
  • 2015/16 – R3,588,697
  • 2016/17 – R4,019,341
  • 2017/18 – R4,750,000
  1. Total spent on each matter is as per the table below:

No

Title of the Matter

2015/2016

(R)

2016/2017

(R)

2017/2018

(R)

1

Central African Road Services //Minister of Transport, C-BRTA

736,930

162,415

-

2

Road Freight Association //Minister of Transport and C-BRTA

623,554

42,806

315,385

3

Dermit O Brein // C-BRTA

-

-

-

4

C-BRTA // Shavana Ni Vukosi Trading And Projects (PTY) LTD

-

-

-

5

Florence Lebyane// C-BRTA

21,913

34,754

64,845

6

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

57,523

-

-

7

Jj Trauernicht // C-BRTA, Amos Lelope

-

-

167,922

8

RSA- Lesotho Cross –Border Route Corridor Committee//Minister of Transport and other

543,386

-

-

9

Muranga and Others// Cross Border Road Transport Agency

30,485

1,635

90,844

10

Reggie Williams and Other// Cross Border Road Transport Agency

-

-

-

11

C-BRTA// National Cross Border Taxi Association and others

-

-

36,385

  1. (b) The Road Traffic Infringement Agency (RTIA)

(i) 5 Legal matters

(ii)

Details of the specified matter

Name of Litigation

Nature of Litigation

Fines for U & Another

Litigant seeking to review decisions taken by representation officers in terms of section 18 of the AARTO Act.

Edwards Matter

The Applicant in this matter requests the court to order the Agency and Tshwane Metropolitan Municipality (joined as the second respondent in the matter) to issue him with his driving licence and licence disk in respect of various vehicles under the circumstances where the Applicant has been served with an enforcement order.

Howard Dambovsky v Department of Transport and others

Mr Dembovsky has lodged this application to, amongst others; contest the constitutionality of some of the provisions in the AARTO Act as well as its Regulations. He alleges that those identified provisions of the Act contravene in the main, the right to a fair trial as enshrined in the Constitution. This application also seeks to request cancellation of all infringement notices in an instance where infringers have elected to be tried in court but have still not been served with summonses for a period over 18 months, as prescribed by the Director of Public Prosecutions.

Mpanza Matter

Review application of the AARTO divisions.

CANCOM

Review application of the AARTO divisions.

(2) Matter launched

Name of Litigation

Launched

Concluded

Fines for U & Another

2013

2017

Edwards Matter

2017

2017

Howard Dambovsky v Department of Transport and others

2016

Abandoned

CANCOM

2014

2016

(3) (a) 1

(b) Constitutionality of AARTO

(c) Matter Is still at the pleading stage.

(4)

 
  1. Budgeted
  1. Spent

2015/16

R 5 mil

R 800k

2016/17

R 5 mil

R 3.5 mil

2017/18

R 5 mil

R 3 mil

(b) The Road Traffic Management Corporation

(i) 2015/16 – 6 Matters

(i) 2016/17 - 3 matters

(i) 2017/18 - 4 matters

FINANCIAL YEARS

  1. MATTERS/ DETAIL

(2) MATTERS INITIATED

2015/2016

2016/2017

2017/2018

WAYMARK INFOTECH (PTY) LTD vs RTMC

  • Waymark appointed to develop and install an Enterprise Recourse Planning System (ERP).
  • Waymark instituted legal action against the RTMC in 2010 for the outstanding Contract price,
  • The RTMC successfully defended the matter as the Court ordered absolution of the instance because Waymark failed to proof their case.
  • 23 May 2014 Waymark again instituted legal action against the RTMC.

TIJGER VALLEI (PTY) LTD & OTHERS vs RTMC

  • Tijger Vallei 1 (Pty) Ltd, Carslwald Gardens (Pty) Ltd, Jamwa Beleggings (Pty) Ltd, Awaiz @ 5th Avenue Investments CC and Clifton Dunes Investments 166 (Pty) Ltd, issued summons to recover purported outstanding lease amounts.
  • RTMC defended the matter
  • The complainants abandoned claim
  • Matter Closed

CIVAIR vs RTMC

  • CIVAIR issued summon against the RTMC for payment of helicopter services rendered during April 2013.
  • The RTMC defended the matter
  • Parties Settled the matter out of court
  • Matter Closed

INTERCAPE FERREIRA INTERLINER vs RTMC

  • Intercape Ferreira Interliner issued summons against the RTMC, claiming that it suffered damages as a result of the operations of the NTPU and statement made by the erstwhile Acting CEO
  • RTMC defended that matter and file its plea
  • Complainant abandoned matter
  • Matter Closed

TASIMA (PTY) LYD VS DEPARTMENT OF TRANSPORT AND THE RTMC

  • Tasima brought an urgent application to uphold and enforce, the terms of various extant court orders on the basis of contempt.
  • RTMC and the Department opposed the application and brought counter application to contest the unlawful extension of the agreement in 2010

PJ BADENHORST VS RTMC

  • The complainant issued summons against the RTMC for purported unlawful arrest.
  • RTMC opposed the action and filed its plea.
  • Complainant abandoned matter
  • Matter Closed

BLOEMFONTEIN SHOW VS RTMC

  • BloemfonteinShow organisers issued summons against the RTMC
  • Parties settled matter
  • Matter Closed

MAVUNGA vs RTMC

• The complainant issued summons against the RTMC for purported unlawful arrest.

• RTMC opposed the action and filed its plea.

• Litigation Ongoing

JPSA vs DEPARTMENT AND OTHERS

  • JPSA bring application to contest AARTO Procedure
  • RTMC Opposed the application
  • Plaintiff Abandoned Application
  • Matter Closed

All 2016/2017 matters excluding matters marked ‘Closed’

REKWELE CHAUFEUR DRIVE (PTY(LTD) vs RTMC

  • Rekwele issued summons to claim purported outstanding costs for rental of vehicles by the RTMC.
  • RTMC defended the matter and filed a special plea.
  • Litigation Ongoing

NKWATSI and 5 Others vs RTMC

  • The complainants issued summons against the RTMC for purported unlawful arrest.
  • RTMC opposed the action
  • Litigation Ongoing

PUTCOMAFANI VS RTMC

  • Service provider issued summons against the RTMC for breach of contract – Repudiation.
  • The RTMC defended the matter
  • Litigation Ongoing

TASIMA (PTY) LYD VS RTMC

  • Application to enforce Section 197 of Labour Relations Act
  • RTMC opposed application
  • Litigation Ongoing

Pre- 2015/2016

MOHLALENG INVESTMENT HOLDINGS PTY (LTD)

  • RTMC instituted legal action against Mohlaleng for the outstanding deposit as well as for all expenses the RTMC incurred as a result of the RTMC relocating offices from Silver Lakes
  • Mohlaleng defended matter
  • Litigation Ongoing

2015 / 2016

DEPARTMENT OF TRANSPORT AND THE RTMC vs TASIMA

  • Department and RTMC bring counter application to the declare 2010 extention of Tasima Agreement Unlawfull
  • 30 April 2015

RTMC vs TASIMA

  • RTMC bring urgent application agianst Tasima to enforce Constitutional Court order of 9 November 2016
  • March 2017
  • Litigation Ongoing

2017/2018

RTMC vs TELKOM

  • RTMC bring Urgent Application to order Telkom to seize service suspension
  • 18 October 2017

RTMC vs TELKOM

  • RTMC bring Urgent Application to order Telkom to seize service suspension
  • 25 October 2017

(3)

MATTERS OUTSTANDING

DETAILS

REASON / STATUS

WAYMARK INFOTECH (PTY) LTD vs RTMC

• Waymark appointed to develop and install an Enterprise Recourse Planning System (ERP).

• Waymark instituted legal action against the RTMC in 2010 for the outstanding Contract price,

• The RTMC successfully defended the matter as the Court ordered absolution of the instance because Waymark failed to proof their case.

• 23 May 2014 Waymark again instituted legal action against the RTMC.

  • RTMC appeal to CC (Counter Claim)
  • Awaiting directions from CC
  • Litigation on-going

MOHLALENG INVESTMENT HOLDINGS PTY (LTD)

• RTMC instituted legal action against Mohlaleng for the outstanding deposit as well as for all expenses the RTMC incurred as a result of the RTMC relocating offices from Silver Lakes

• Mohlaleng defended matter

  • Set down for Trail - 19 February 2019
  • Litigation on-going

MAVUNGA vs RTMC

  • The complainant issued summons against the RTMC for purported unlawful arrest.
  • RTMC opposed the action and filed its plea.

• Litigation on-going

REKWELE CHAUFEUR DRIVE (PTY(LTD) vs RTMC

• Rekwele issued summons to claim purported outstanding costs for rental of vehicles by the RTMC.

• RTMC defended the matter and filed a special plea.

• Litigation on-going

NKWATSI and 5 Others vs RTMC

• The complainant issued summons against the RTMC for purported unlawful arrest.

• RTMC opposed the action and filed its exception and plea.

• Litigation on-going

PUTCOMAFANI VS RTMC

• Service provider issued summons against the RTMC for breach of contract – Repudiation.

• The RTMC defended the matter

• Litigation on-going

RTMC vs TELKOM

• RTMC bring Urgent Application to order Telkom to seize service suspension

• Telkom appealed final order

• Litigation on-going

RTMC vs TASIMA

    • RTMC bring urgent application agianst Tasima to enforce Constitutional Court order of 9 November 2016
  • Tasima Appealed to SCA and CC
  • Matter in CC 8 March 2018

• Awaiting CC judgement

TASIMA vs RTMC

• Application to enforce Section 197 of Labour Relations Act

• RTMC opposed application

• RTMC appealed to Labour Appeals Court (LAC)

• Awaiting LAC date

• Litigation on-going

(4)

FINANCIAL YEAR

BUDGET

MATTER

EXPENDITURE

2015/2016

R5 000 000 adjusted to R14 200 000

  • Waymark Infotech (PTY) LTD vs RTMC
  • TASIMA (PTY) LTD VS Department Of Transport and RTMC

R 90,820.62

R13 988,280.40

2016/2017

R5 500 000

  • Waymark Infotech (Pty) Ltd Vs RTMC
  • Mohlaleng Investment Holdings Pty LTD
  • Tasima (Pty) Lyd Vs Department Of Transport And The Rtmc
      • RTMC VS TELKOM
      • JPSA vs DEPARTMENT
  • PJ Badenhorst VS RTMC
  • Mavunga vs RTMC

R1 918 052.28

R70 090.80

R8 203 642.56

R166 405.20

R18973.39

2017/2018

R 5 700 000

  • Waymark Infotech (PTY) LTD vs RTMC
  • Mohlaleng Investment Holdings Pty (LTD)
  • TASIMA (PTY) LYD VS Department Of Transport and RTMC
  • RTMC vs TASIMA
  • TASIMA (PTY) LYD VS RTMC
  • RTMC vs TELKOM x2
  • NKWATSI and 5 Others vs RTMC
  • Rekwele Chaufeur Drive (PTY(LTD) vs RTMC
  • PUTCOMAFANI VS RTMC

R230 566.34

R5908.62

R7 508 686.91

R74530.49

R37128

(1) (b) The Road Accident Fund (RAF) dealt with 233 Legal matters in past 3 Financial Years excluding litigation matters under the RAF Act, No. 56 of 1996)

(i) 2015/16 - 80 Matters (53 Legal Unit and 27 Employee Relations Unit)

(i) 2016/17 - 67 matters (48 Legal Unit and 19 Employee Relations Unit)

(i) 2017/18 - 86 matters (54 Legal Unit; 29 Employee Relations Unit and 3 Corporate Secretariat)

No.

(ii) details of the specified matters in each case

 

Legal Unit

 

2015-16

1

L Dreyer brought a legislative challenge in respect of regulation 3 to the Act.

2

C Mounton brought a legislative challenge in respect of regulation 3 to the Act.

3

M Mahlatsi brought a legislative challenge in respect of regulation 3 to the Act.

4

Mithethe Trading Enterprise instituted an action in respect of alleged breach of contract.

5

Empower Financial Services (Pty) Ltd instituted an action in respect of alleged breach of contract.

6

M Kubjana & Others brought a legislative challenge in respect of Regulation 3 to the Act.

7

Consolidated matters: M Lingenfenlder, S du Toit, S Renken, E Taljaard, P Uys, J Du Preez, L Fulscher, J Renken, M Van Der Merwe, E Retief, W Du Preez, S Gresch brought a legislative challenge in respect of sections 18(1)(a)(i), 18(1)(b) and 18(2) of the Act.

8

M Kubjana & Others brought a legislative challenge in respect of regulation 3 to the Act.

9

Consolidated matters: M Lingenfenlder, S du Toit, S Renken, E Taljaard, P Uys, J Du Preez, L Fulscher, J Renken, M Van Der Merwe, E Retief, W Du Preez, S Gresch brought a legislative challenge in respect of sections18(1)(a)(i), 18(1)(b) and 18(2) of the Act.

10

H Matidza instituted action claiming damages as per the judgement in his favour. The RAF appealed the judgement awarding punitive cost against the claims handler.

11

RAF instituted action to recover debt from MSMM Attorneys.

12

RAF instituted action to recover debt from TC Beea.

13

RAF instituted action to recover debt from Ke Yona Business Information Management Solutions.

14

C F Jeftha brought a legislative challenge in respect of sections 19(g) and s 21 of the Act.

15

R & M Combrink brought a legislative challenge in respect of regulation 2(3) to the Act.

16

L Mlenga logded a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to file copies.

17

Towell & Groenewaldt Attorneys instituted action in relation to the RAF Supply Chain Management process.

18

C Degneer brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

19

C Kgoale brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

20

Mac Ndhlovu Attorneys instituted action in relation to the RAF supply chain management process

21

T & N Assessors instituted action claiming damages in relation to a contractual dispute.

22

RAF instituted action against A Ramavhunga to recover debt.

23

RAF instituted action against Mashishi Attorneys to recover debt.

24

RAF instituted action against Meintjes Petzer Attorneys to recover debt.

25

L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act.

26

D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act.

27

J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act.

28

Consolidated matters: MP Mangena,P T Motsena,A A Mbonana,H M Mahlangu,N J Mazibuko,J M Mashibini,F A Khuzwayo, M L Letsoalo, P M De Esclana, N Momberg, N Archary, G J Bothma, N Momberg (Snr), CJ Knight, M J Motloung, S Ngunyula, T J Masuku, R D Molefe, R Werner, A Swanepoel, E Fourie, M M Masenya, PN Majela, MM Madonsela, RE Fereira brought a legislative challenge in respect of regulation 3 & 5 to the Act.

29

N P Fakude and forty-six others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a), and 21 of the Act.

30

Y Chotia brought a legislative challenge in respect of regulation 3 to the Act.

31

Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act.

32

J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

33

M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations.

34

Zahwa

Entertainment instituted action claiming damages in relation to a contractual dispute.

   
 

Legal Unit

 

2015-16

36

A R Fogwill

instituted action claiming damages in relation to a contractual dispute.

37

King & Queen Tour instituted action claiming damages in relation to a contractual dispute.

38

Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute.

39

Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute.

40

Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute.

41

M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

42

B Mbalu brought a labour dispute in respect of unfair dismissal.

43

N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records.

44

R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest.

45

G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest.

46

J M Moyo instituted action claiming damages in relation to a contractual dispute.

47

M Gwebityala instituted action claiming damages in relation to a contractual dispute.

48

M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute.

49

V Khumalo instituted action claiming damages in relation to a contractual dispute.

50

M D Faes instituted action claiming damages in relation to a contractual dispute.

51

M V Netshipale instituted action claiming damages in relation to a contractual dispute.

52

HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute.

53

Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute.

 

2016/17 Financial Year

1

RAF instituted action to recover debt from MSMM Attorneys.

2

RAF instituted action to recover debt from TC Beea.

3

RAF instituted action to recover debt from Ke Yona Business Information Management Solutions.

4

C F Jeftha brought a legislative challenge in respect of sections 19(g) and 21 of the Act.

5

L Mlenga logded a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to file copies.

6

Towell & Groenewaldt Attorneys instituted action in relation to the RAF Supply Chain Management process.

7

C Degneer brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

8

C Kgoale brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

9

J S Thokoane & twenty others instituted action claiming damages in relation to a contractual dispute.

10

T & N Assessors instituted action claiming damages in relation to a contractual dispute.

11

RAF instituted action against A Ramavhunga to recover debt.

12

RAF instituted action against Mashishi Attorneys to recover debt.

13

RAF instituted action against Mabunda Attorneys to recover debt.

14

RAF instituted action against Meintjes Petzer Attorneys to recover debt.

15

L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act.

16

D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act.

17

J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act.

18

Consolidated matters: MP Mangena,P T Motsena,A A Mbonana,H M Mahlangu,N J Mazibuko,J M Mashibini,F A Khuzwayo, M L Letsoalo, P M De Esclana, N Momberg, N Archary, G J Bothma, N Momberg (Snr), C J Knight, M J Motloung, S Ngunyula, T J Masuku, R D Molefe, R Werner, A Swanepoel, E Fourie, M M Masenya, PN Majela, MM Madonsela, RE Fereira brought a legislative challenge in respect of regulation 3 & 5 to the Act

19

N P Fakude and forty-six others and Thokoane & twenty others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

20

Y Chotia brought a legislative challenge in respect of regulation 3 to the Act.

21

Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act.

22

G W De Waal brought a legislative challenge in respect of regulation 3 to the Act.

23

J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act

24

M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations.

28

Zahwa

Entertainment instituted action claiming damages in relation to a contractual dispute.

26

W J Mkhonza & Associates

instituted action claiming damages in relation to a contractual dispute.

27

A R Fogwill

instituted action claiming damages in relation to a contractual dispute.

28

King & Queen Tour instituted action claiming damages in relation to a contractual dispute.

29

Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute.

30

Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute.

31

Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute.

32

M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

33

B Mbalu brought a labour dispute in respect of unfair dismissal.

34

N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records

35

R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest.

36

G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest.

37

J M Moyo instituted action claiming damages in relation to a contractual dispute.

38

M Gwebityala instituted action claiming damages in relation to a contractual dispute.

39

M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute.

40

V Khumalo instituted action claiming damages in relation to a contractual dispute.

41

M D Faes instituted action claiming damages in relation to a contractual dispute.

42

M V Netshipale instituted action claiming damages in relation to a contractual dispute.

43

HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute.

44

Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute.

 

2017/18 Financial Year

1

Bokwa Attorneys instituted action claiming damages in relation to a contractual dispute.

2

Mohlala Attorneys instituted action claiming damages in relation to a contractual dispute.

3

F Schutte Attorneys instituted action claiming damages in relation to a contractual dispute.

4

L E Lopedi Ford brought a legislative challenge in respect of sections 17, 17(A) and 26 of the Act.

5

F Galant brought a legislative challenge in respect of sections 17, 17(A) and 26 of the Act.

6

M Venter brought a legislative challenge in respect of sections 17(1), 17(4)(a), (c), (A) and (B) of the Act.

7

Salani Marketing & Projects instituted action claiming damages in relation to a contractual dispute.

8

Adv. N Krige instituted action claiming damages in relation to a contractual dispute.

9

AN Jamotte instituted action claiming damages in relation to a contractual dispute.

10

Askew Grindlay Attorneys instituted action claiming damages in relation to a contractual dispute.

11

L Grundling instituted action claiming damages in relation to a contractual dispute.

12

TR &S Pillay instituted an action claiming damages in relation to an alleged wrongful arrest.

13

K Malao Attorneys instituted action claiming damages in relation to a contractual dispute.

14

TB Nsibande instituted an action claiming damages in relation to an alleged wrongful arrest.

15

Van Zyl Le Roux Inc & Grimbeek Van Rooyen Inc instituted action claiming damages in relation to a contractual dispute.

16

N N Ndamse instituted action claiming damages in relation to a contractual dispute.

17

Synko Projects (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

18

JN Chiliza instituted action challenging the principle of litis contestatio.

19

Mac Ndhlovu Attorneys instituted a further action in relation to the RAF supply chain management process.

20

J S Thokoane & twenty others instituted action claiming damages in relation to a contractual dispute.

21

T & N Assessors instituted action claiming damages in relation to a contractual dispute.

22

RAF instituted action against A Ramavhunga to recover debt.

23

RAF V Mashishi Attorneys recovery of debt.

24

RAF instituted action against Mabunda Attorneys to recover debt.

25

L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act.

26

D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act.

27

J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act.

 

Consolidated matters: M L Letsoalo, N Momberg, T J Masuku, M M Masenya brought a legislative challenge in respect of regulation 3 & 5 to the Act

28

N P Fakude and forty-six others and Thokoane & twenty others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

29

Y Chotia brought a legislative challenge in respect of regulation 3 to the Act.

30

Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act.

31

G W De Waal brought a legislative challenge in respect of regulation 3 to the Act.

32

J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

33

M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations.

34

Zahwa

Entertainment instituted action claiming damages in relation to a contractual dispute.

35

W J Mkhonza & Associates

instituted action claiming damages in relation to a contractual dispute.

36

A R Fogwill

instituted action claiming damages in relation to a contractual dispute.

37

King & Queen Tour instituted action claiming damages in relation to a contractual dispute.

38

Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute.

39

Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute.

40

Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute.

41

M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

42

B Mbalu brought a labour dispute in respect of unfair dismissal.

43

N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records

44

R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest.

45

G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest.

46

J M Moyo instituted action claiming damages in relation to a contractual dispute.

47

M Gwebityala instituted action claiming damages in relation to a contractual dispute.

48

M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute.

49

V Khumalo instituted action claiming damages in relation to a contractual dispute.

50

M D Faes instituted action claiming damages in relation to a contractual dispute.

51

M V Netshipale instituted action claiming damages in relation to a contractual dispute.

52

HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute.

53

Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute.

 

Corporate Secretariat

 

2017/18 Financial Year

1

Dr. T Kommal initiated a governance dispute in respect of governance.

2

Dr. T Kommal initiated a governance dispute in respect of governance.

3

Dr. T Kommal initiated a governance dispute in respect of governance.

 

Employee Relation Unit

 

2015/16 Financial Year

1

C. Maswanganye instituted an unfair labour practice dispute in respect of demotion.

2

Z. Nduneni instituted an unfair labour practice dispute in respect of constructive dismissal.

3

L. Mashilo instituted an unfair labour practice dispute in respect of benefits.

4

SATAWU on behalf of Mahlotja and three others instituted an unfair labour practice dispute in respect of promotion

5

SATAWU on behalf of five others instituted an unfair labour practice dispute in respect of benefits.

6

SATAWU obo Noxolo Ntongolo instituted an unfair labour practice dispute in respect of unfair dismissal.

7

R. Johnson instituted an unfair labour practice dispute in respect of promotion.

8

D. Chelopo instituted an unfair labour practice dispute in respect of unfair dismissal.

9

D. Golele instituted an unfair labour practice dispute in respect of unfair dismissal.

10

M. Moseneke instituted an unfair labour practice dispute in respect of unfair dismissal.

11

SATAWU obo of S. Munsammy instituted an unfair labour practice dispute in respect of promotion.

12

L. Pillay instituted an unfair labour practice dispute in respect of promotion.

13

P. Motswiri instituted an unfair labour practice dispute in respect of suspension.

14

D. Lekganyane instituted an unfair labour practice dispute in respect of unfair dismissal.

15

T. Mafanya instituted an unfair labour practice dispute in respect of unfair dismissal.

16

L. Myataza instituted an unfair labour practice dispute in respect of unfair dismissal.

17

P. Kgosiyadira instituted an unfair labour practise dispute in respect of benefits.

18

B. Mbalu instituted an unfair labour practice dispute in respect of misconduct and incompatibility.

19

G Mahlangu instituted an unfair labour practice dispute in respect of unfair dismissal.

20

K. Maitisa instituted an unfair labour practice dispute in respect of dismissal on misconduct and dishonesty.

21

W. Mokubyane

instituted an unfair labour practice dispute in respect of Task Grading.

22

D. Mokolobate

instituted an unfair labour practice dispute in respect of review of CCMA award.

23

P. Mathebula & B. Mankwane

instituted an unfair labour practice dispute in respect of review of CCMA award.

24

Moseneke and other

instituted an unfair labour practice dispute in respect of review of CCMA award on condonation.

25

 
 

2016/17 Financial Year

1

P Hlungwani instituted an unfair labour practice dispute in respect of demotion.

2

D Maluleke instituted an unfair labour practice dispute in respect of demotion.

3

SATAWU obo Ngwenyama and four others instituted an unfair labour practice dispute in respect of benefits.

4

SATAWU obo Sabasa, Johanna and eight others instituted an unfair labour practice dispute in respect of benefits.

5

M. Jozana instituted an unfair labour practice dispute in respect of equal pay for equal work of value.

6

T Mazibuko instituted an unfair labour practice dispute in respect of constructive dismissal.

7

A. Lenders instituted an unfair labour practice dispute in respect of constructive dismissal

8

M Sibanyoni instituted an unfair labour practice dispute in respect of unfair dismissal.

9

R Mapumulo instituted an unfair labour practice dispute in respect of unfair dismissal.

10

SATAWU obo Mfanafuthi Dlamini instituted an unfair labour practice dispute in respect of unfair dismissal.

11

D. Creighton instituted an unfair labour practice dispute in respect of unfair dismissal.

12

T Magoro instituted an unfair labour practice dispute in respect of unfair dismissal.

13

T Magoro instituted an unfair labour practice dispute in respect of unfair dismissal.

14

S Gona instituted an unfair labour practice dispute in respect of promotion.

15

SATAWU on behalf of Mahlomotja and three others instituted an unfair labour practice dispute in respect of promotion.

16

Xolisa Mgqamqo instituted an unfair labour practice dispute in respect of unfair dismissal.

17

P. Ramdial instituted an unfair labour practice dispute in respect of disciplinary action short of dismissal.

18

SATAWU obo L. Matodzi instituted an unfair labour practice dispute in respect of constructive dismissal.

19

L. Peter instituted an unfair labour practice dispute in respect of unfair dismissal.

20

G. Qobeka instituted an unfair labour practice dispute in respect of unfair dismissal.

21

L. Peter instituted an unfair labour practice dispute in respect of unfair dismissal.

 

2017/18 Financial Year

1

A Mhlauli instituted an unfair labour practice dispute in respect of unfair dismissal.

2

SATAWU obo members instituted an unfair labour practice in respect of disciplinary action short of dismissal.

3

NUMSA obo members instituted a dispute in relation to a collective agreement.

4

NUMSA obo members instituted an unfair labour practice dispute in respect of benefits.

5

J. Matimela instituted an unfair labour practice dispute in respect of constructive dismissal.

6

N. Ntambi instituted an unfair labour practice dispute in respect of unfair dismissal.

7

L. Gxanashe instituted an unfair labour practice dispute in respect of unfair dismissal.

8

M. Mphupu instituted an unfair labour practice dispute in respect of unfair dismissal.

9

L. Moima instituted an unfair labour practice dispute in respect of unfair dismissal.

10

Z. Dangwana instituted an unfair labour practice dispute in respect of unfair dismissal.

11

A. Motsamai instituted an unfair labour practice in respect of disciplinary action demotion.

12

M. Seku instituted an unfair labour practice dispute in respect of benefits.

13

B. Mkhwanazi instituted an unfair labour practice dispute in respect of promotion.

14

SATAWU obo Sebenzile Mlaza instituted an unfair labour practice dispute in respect of promotion.

15

R. Mokgoko instituted an unfair labour practice dispute in respect of benefits.

16

P Ngwasheng instituted an unfair labour practice in respect of disciplinary action.

17

NUMSA instituted an unfair labour practice dispute in respect of dispute of mutual interest.

18

M. Mushi instituted an unfair labour practice dispute in respect of deduction.

19

Kalaivani Pillay instituted an unfair labour practice dispute in respect of dispute of mutual interest.

20

SATAWU obo Farisan Nzumbululo instituted an

unfair labour practise in respect of disciplinary action.

21

SATAWU obo G Songezo instituted an unfair labour practise dispute in respect of unfair dismissal.

22

SATAWU obo Nonjongo instituted an arbitration unfair dismissal.

23

NUMSA obo Gcanabana

instituted an unfair labour practise dispute in respect of unfair dismissal.

24

L Majela brought instituted an unfair labour practice dispute in respect of disciplinary action.

25

M Mabelebele instituted an unfair labour practice dispute in respect of promotion.

L Pretorius instituted an unfair labour practice dispute in respect of disciplinary action.

26

 

27

L Boihang instituted an

unfair labour practise dispute in respect of unfair dismissal.

28

Z Abrahams instituted an unfair labour practice dispute in respect of promotion.

29

SATAWU obo Rathipa and nine others instituted an unfair labour practice dispute in respect of disciplinary action.

30

L. Matodzi instituted an unfair labour practice dispute in respect of unfair dismissal.

SANRAL

Questions 1-3

Please refer to Annexure A attached to this letter. All matters which are highlighted in grey in the annexure, relates to both the High (referred to as Pilot 2 matters) and Magistrate (referred to as Pilot 1 matters) Court actions which Sanral has instituted for e-toll debt.

Question 4

Financial Years

Actual Budget

Actual Spent

2015/2016

R 5 135 400.00

R 27 584 699.53

2016/2017

R 25 362 588.00

R 22 729 860.24

2017/2018

R 23 743 988.00

R 26 430 688.81

17 August 2018 - NW2026

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Masango, Ms B to ask the Minister of Mineral Resources

(1)What are the details of the (a) number of accidents that vehicles owned by his department were involved (i) in each of the past three financial years and (ii) since 1 April 2018, (b) cost for repairs in each case and (c)(i) number of and (ii) reasons for vehicles being written off in each case; (2) whether all vehicles owned by his department have tracking devices installed?

Reply:

(1) (a) (i) Vehicles owned by the Department of Mineral Resources have never had accident/s for the past three financial years.

(ii) None

(b) N/A

(c) (i) N/A

(ii) N/A

(2) All the vehicles owned by the Department of Mineral Resources are installed with tracking devices.

Approved/Not Approved

Mr SG Mantashe

Minister of Mineral Resources

Date Submitted:- ……………/………………/2018

17 August 2018 - NW866

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Schmidt, Adv H to ask the Minister of Mineral Resources

(1) Whether a certain person (name and details furnished) is still in the employ of his department; if so, in which capacity; if not (2) Whether the specified person has been dismissed or (b) placed on suspension; if so, on what date was the person dismissed or placed on suspension and (ii) what are further relevant details in each case? NW944E

Reply:

(1) Ms Sylvia Dhlamini`s is no longer in the employ of the department

(2) (a) No, Ms Sylvia Dhlamini was not dismissed

(b)(i) No, Ms Dhlamini was not placed on suspension

(ii) Ms Sylvia Dhlamini`s contract with the DMR expired when the Minister`s contract expired with the Department

Approved/Not Approved

Mr SG Mantashe

Minister of Mineral Resources

Date Submitted:-……………/………………/2018

17 August 2018 - NW1882

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Rawula, Mr T to ask the Minister of Mineral Resources

(1)What (a) is the total number of incidents of racism that were reported to the human resources offices in (i) his department and (ii) entities reporting to him in (aa) 2016 and (bb) 2017 and (b) are the details of each incident that took place; (2) was each incident investigated; if not, why not in each case; if so, what were the outcomes of the investigation in each case?

Reply:

(1) (a) (i) No incidents of racism were reported in the (i) Department and (ii) in the entities reporting to the Department in (aa) 2016 and (bb) 2017.

(2) N/A

Approved/Not Approved

Mr SG Mantashe

Minister of Mineral Resources

Date Submitted:-……………/………………/2018

16 August 2018 - NW2102

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Makeleni, Ms P to ask the Minister of Basic Education

What (a) number of provincial departments of education are currently facing investigations regarding (i) school nutrition, (ii) learner transport, (iii) sanitary pads, (iv) infrastructure and/or (v) any other tender irregularities and (b)(i) are the details of each irregularity, (ii) on what date did each investigation begin, (iii) on what date (aa) was each investigation completed and (bb) is each incomplete investigation expected to be completed and (iv) what are the details of any interim findings that were made?

Reply:

The Department of Basic Education is not aware of any investigations in provinces regarding the National School Nutrition Programme, sanitary pads, learner transport, infrastructure and/or any other tender irregularities. The provincial departments of education are better placed to respond to the question. The Honourable Member is advised to redirect the question to provinces.

16 August 2018 - NW1211

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Matsepe, Mr CD to ask the Minister of Agriculture, Forestry and Fisheries

(1) With reference to certain companies (names furnished), (a) what (i) tenders were the firms appointed for, (ii) was the total value of the contracts, (iii) total amount was paid out to each firm and (iv) were the outcomes of work carried out as per the tender, (b) who were the person(s) responsible for the appointment of the firms and (c) what supply chain processes were followed in the appointment of the firms; (2) has there been any recommendations by the Auditor-General to investigate the said firms; if so, what steps has been taken in this regard?

Reply:

1.

Willjaro

SA Fence and Gate

Notes

(i) Tenders firms appointed for

R 1 million (approx) (per year for 3 years)

R 50.6 million (approx)

Neither firms were appointed/concluded through bid processes

(ii) Total value of contracts

R 1 million (approx)

(per year for 3 years)

R 50.6 million (approx)

 

(iii) Total amount paid out to

No funds have been paid out to either of the firms to date pending finalisation of investigation

​(iv) Outcomes of work carried out

Some processing of abalone had commenced though had not been concluded

Some work had commenced though had not been concluded

Both firms stopped work when dispute started

​b) Person’s responsible for appointment

DAFF CFO

DAFF CFO

Mr Jacob Hlatshwayo was acting MLRF CFO at those times.

The Director of Supply Chain Management (acting), Ms Abigail Booth was responsible for the process of sourcing and finalising firms that complied with our requirements.

​c) Supply Chain processes followed

Deviation through 3 quote system

Deviation through Treasury

 
       

2. Recommendation for Auditor General

No recommendations

The matter was raised as a finding in the management report as issued by the Auditor General to the Department. The matter had been escalated and is still under investigation.

  1. Wiljaro was a deviation through 3 quote system
  2. Wiljaro Purchase order was for the value of approximately R4.5m
  3. No funds have been paid out to either of the firms to date pending finalisation of investigation
  4. The work had commenced however has not been concluded given the litigation which followed
  5. Per documents, it would appear to be the DAFF CFO
  6. Reply is in the above column
  7. Wiljaro was a deviation through 3 quote system
  8. We had informed the auditors of the potential irregularity, hence, we had already commenced and reported on both cases of irregularity
  9. The matters are still under investigation and has been escalated to Ministry

(b) Gate and Fence:

  1. SA Gate and Fence was a deviation concluded with Treasury approval
  2. SA Gate and Fence Purchase order was for the value of approx. R58m
  3. No funds have been paid out to either of the firms to date pending finalisation of investigation
  4. The work had commenced however has not been concluded given the litigation which followed
  5. Per documents, it would appear to be the DAFF CFO
  6. Deviation concluded with Treasury approval
  7. The auditors were informed by the Department of the potential irregularity, hence, we had already commenced and reported on both cases of irregularity
  8. The matters are still under investigation and has been escalated to Ministry

It was the Department who brought this matter to the attention of Auditor General.

viii) The matters are still under investigation and has been escalated

2. 2) The matter was raised as a finding in the management report as issued by the Auditor General to the Department. The matter had been escalated and is still under investigation.

16 August 2018 - NW1210

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Matsepe, Mr CD to ask the Minister of Agriculture, Forestry and Fisheries

What are the details of the tenders awarded to certain companies (a) Emang Basadi and Forensic (Pty) Ltd and (b) B Xulu and Partners Incorporated, what was the value of each contract that was awarded, (c) was the total amount paid to each specified company, (d) are the details of the outcomes of work carried out for each tender, (e) are the details of the person who awarded the specified companies the contract and (f) supply chain management processes were followed in awarding each contract?

Reply:

What are the details of the tenders awarded to certain companies?

a) Emang Basadi and Forensic (Pty) Ltd, and Forensic (Pty) Ltd.

Appointment was done through contract awardment for litigation services approved by the Accounting Officer

b) B Xulu and Partners Incorporated, what was the value of each contract that was awarded?

Appointment was made via Emang Basadi who subcontracted to B Xulu. B Xulu was also appointed on other matters by the Accounting Officer

c) Was the total amount paid to each specified company?

Emang Basadi – R2.6m

B Xulu – R22m (R17m was repatriated back to SA)

d) Are the details of the outcomes of work carried out for each tender?

The work included attending to Viking Inshore litigation and consequential matters arising from the Viking litigation, Wiljaro litigation and the Bengis matter of which cases were won with costs and monies in process of being returned to MLRF.

e) Are the details of the person who awarded the specified companies the contract and

The delegated Authority, the Accounting Officer

f) Supply chain management processes were followed in awarding each contract?

The contract was awarded via DAFF obo the Department    

14 August 2018 - NW947

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Chance, Mr R to ask the Minister of Small Business Development

(a) What is the name of each member of the academic community with whom she held a meeting on 20 October 2017, (b) what was the outcome of the meeting and (c) has any of the feedback had an influence on the policy direction of her department?”

Reply:

a) Details of the academic community in relation to the meeting held on 20 October 2017:

NAME

INSTITUTION NAME

1.Prof Richard Shambare

University of Venda

2. Dr Poppet (Gnanam) Pillay

Durban University of Technology

3. Dr Santra Moodley

Durban University of Technology

4. Joyce Sibeko

University of Johannesburg

6. Tendai Chimucheka

University of Forthare

6. Prof Margaret Cullen

Nelson Mandela University

7. Dr Seboka Kopung

Northwest University

8. Ms Natanya Meyer

Northwest University

9. Dr Tsidi Mohapeloa

Rhodes University

10. Dr Norah Clarke

University of Johannesburg

11. Dr Yvonne Senne

Tshwane University of Technology

12. Prof Evelyn Chiloane-Tsoka

UNISA

13. Lindiwe Kunene

University of KwaZulu Natal

14. Dr Khotso de Wee

University of Fort Hare

15. Dr Tendai Chimucheka

University of Fort Hare

16. Raan Steenberg

Tshwane University of Technology

17. Ms Joyce Sibeko

University of Johannesburg

18. Dr Natanya Meyer

University of North West

NAME

INSTITUTION NAME

19. Ms Malindi Kunene

University of KwaZulu Natal

20. Dr Thobeka Ncanywa

University of Limpopo

21. Charlotte Mashaba

KZN-KOTT

22. Ms Charleen Duncan

University of the Western Cape

23. Dr Richard Shambare

University of Venda

24. Ms Chemene Chetty

University of Witwatersrand

25. Seboka Kopung

University of North West

26. Althea Mvula

Tshwane University of Technology

27. Mr Roy Maponya

Dr Richard Maponya Institute

28. Mr Riaan Steenberg

Altovation Consulting

29.Anthony Cooper

Council for Scientific and Industrial Research (CSIR)

30. Gordan Godsal

Human Sciences Research Council (HSRC)

31. Ms Charlotte Mashaba

KZN•ROTT

32. Dr Randall Jonas

Nelson Mandela University

(b) Outcomes of the meeting:

OUTCOME 1: IDENTIFICATION OF GAPS AND AREAS OF IMPROVEMENT IN ENTREPRENEURSHIP EDUCATION

In relation to the expected outcome of identification of gaps and areas of improvement in entrepreneurship education, it was reflected that the approach to entrepreneurship education can be broadly categorized into two major approaches, the first being “education for entrepreneurship” and secondly “education about entrepreneurship”. The former has a practical focus on entrepreneurship education and the goal is to equip the learner with entrepreneurial skills. The latter focuses on the theoretical aspect of entrepreneurship education and its goal is to provide the student with knowledge pertaining to the various schools of thought around entrepreneurship. The gap that was identified is that the bulk of higher education learning around entrepreneurship has mainly focused on the theoretical approach which is education about entrepreneurship without necessarily equipping the leaner with practical skills that are required for entrepreneurship. Therefore there is a need to further engage institutions of learning on how the two approaches to entrepreneurship education can be brought into alignment with the country’s priority to train and develop an increasing number of entrepreneurs and to improve the skills base of existing entrepreneurs for business sustainability. Consideration will be given on the approach as the discourse around embedding entrepreneurship education into curricular continues.

OUTCOME 2: A PLAN ON HOW DSBD CAN COLLABORATE WITH ACADEMIA, GOVERNMENT DEPARTMENTS AND DEVELOPMENT FINANCE INSTITUTIONS TO ENSURE THE DEVELOPMENT AND GROWTH OF ENTREPRENEURSHIP

The second outcome speaks to the outlining of a plan on how the DSBD can collaborate with academia, government departments and Development Finance Institutions to ensure the development and growth of entrepreneurship. It emerged from the discussions that there were already efforts that had been taking place between various institutions and different sections of the public sector. It was established that because these efforts were fragmented and the impact thereof has been limited and minimal. A need for greater collaboration between all the stakeholders was identified. Going forward, it was determined that DSBD would have further engagements with higher education institutions and other government departments as a step towards coordination and collaboration. An invitation from DHET to DSBD was extended to attend their upcoming workshop on entrepreneurship education. This received a positive response from DSBD as DHET has already established a network of stakeholders around entrepreneurship education. It was generally agreed that stakeholders would share information on any new and ongoing programmes with regard to entrepreneurship education.

OUTCOME 3: THE ROLE OF DEVELOPMENT FINANCE INSTITUTIONS (DFIS)

The third outcome was concerning the role of Development Finance Institutions (DFIs) in entrepreneurship education. It was highlighted that efforts to promote entrepreneurship within institutions of higher learning often lacked the necessary financial resources which is an inhibiting factor for entrepreneurship education. It was suggested that there is a need to get commitment from various institutions to provide some type of financial investment towards entrepreneurship education. Therefore, the final plan on how the Department will collaborate will be drafted once existing collaborations have been determined in order to avoid duplication.

OUTCOME 4: GENERATION OF A DEPARTMENTAL-INSTITUTIONS OF HIGHER EDUCATION RESEARCH PROTOCOL AND FRAMEWORK THAT WILL KEEP GOVERNMENT ABREAST OF THE IMPACT OF ENTREPRENEURSHIP EDUCATION ON THE DEVELOPMENT OF SMALL ENTERPRISES.

The fourth outcome was in respect of generating a Departmental-Institutions of Higher Education research protocol and framework that will keep government abreast of the impact of entrepreneurship education on the development of small enterprises. It was reiterated that the promotion of research within entrepreneurship should be prioritised and that the already existing body of knowledge should be shared with the Department. It was discussed that some institutions made deliberate efforts towards updating research methodologies and strategies and therefore a connection between the Department and them would be of great benefit.

OUTCOME 5: DEVELOPMENT OF A HIGH-LEVEL FRAMEWORK WITHIN WHICH MULTI-STAKEHOLDER SMALL BUSINESS DEVELOPMENT SUPPORT PARTNERSHIPS WILL BE ESTABLISHED WITHIN INSTITUTIONS OF HIGHER EDUCATION TO ENSURE THE COMMERCIALISATION OF INNOVATIVE IDEAS AND PROVISION OF INTEGRATED SUPPORT SERVICES (CO-LOCATION)

The fifth outcome spoke of the development of a high-level framework within which multi-stakeholder small business development support partnerships will be established within institutions of higher education to ensure the commercialisation of innovative ideas and provision of integrated support services (co-location). It was discussed that some institutions were already implementing such arrangements particularly with SEDA, lessons on best practice around co-location would be shared among the stakeholders.

(c) Feedback that influenced policy direction on the Department

One of the main emerging points from the roundtable discussion was a need for the Department to be more intentional in its collaboration with institutions of higher learning regarding the promotion of entrepreneurship. The DSBD has an approved research agenda in place that reflects its thematic and priority areas of research around small, medium micro enterprises and cooperatives. A draft research plan has been formulated for the financial year 2018/2019. The Department is engaging higher education institutions with a view to entering into partnerships around research on SMMES and cooperatives.

In this regard, the Department intends utilising post-graduate students that are engaged in research commensurate with the thematic areas of the approved DSBD research agenda. Moreover the proposed partnership/s will allow the DSBD to conduct research in a cost effective manner and afford post-graduate students access to data and respondents for successful implementation and completion of research projects.

To date the Department has engaged with several academic institutions with the aim of forming research partnerships. The response from the academic institutions has been positive however at this stage formal Memoranda of Understanding (MoUs) are yet to be finalised. The latest of these engagements was on 01 June 2018, wherein the Minister addressed the South African Commerce Deans Association of all South African Universities at the Turfloop University, in Limpopo. The Minister addressed some of the issues raised in the October 2017 Colloquium with the Deans at this engagement, to which the Deans noted the input and later agreed among themselves to set up a team to follow up and implement some of these proposals.

14 August 2018 - NW1673

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Matsepe, Mr CD to ask the Minister of Water and Sanitation

(a) What number of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, have been referred to the (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation (DPCI) by (aa) his department and (bb) each entity reporting to him for further investigation since the Act was assented to and (b) what number of the specified cases have (i) been investigated by SAPS and DPCI, (ii) been followed up by the respective accounting officers and (iii) resulted in a conviction in each specified financial year since 2004?

Reply:

Refer to the table below for the consolidated response from the Department and Entities reporting to me regarding number of cases relating to the Prevention and Combating of Corrupt Activities.

Entity

(a)(i)

(a)(ii)

(b)(i)

(b)(ii)

(b)(iii)

Department of Water and sanitation

The numbers of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, which have been referred to the SA Police Service (SAPS) by our Department, are Twelve (12) cases.

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by our Department.

Refer to (a) above.

Our Department is continuously following up regularly with SAPS regarding the Twelve (12) cases to ensure that investigations are still taking place.

No conviction relating to the cases for the periods 2012/2013 until 2017/2018 financial years which are still in progress with SAPS.

Amatola Water

None

None

None

None

None

Bloem Water

None

One (1) case of fraud and corruption is under investigation by the Directorate for Priority Crime Investigation, Bloemfontein Free State against an employee who has since terminated her services by taking early retirement.

One (1): case is still being investigated

The matter is followed-up periodically

The incumbent is no longer an employee of Bloem Water

No conviction: investigation is on-going

Lepelle Northern Water

The number of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, which have been referred to the SA Police Service (SAPS) by our Entity, is 1 (one).

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by Lepelle Northern Water.

Refer to (a) above.

Our Entity is continuously following up regularly with SAPS regarding the one case to ensure that investigations are still taking place.

No conviction relating to the case.

Magalies Water

1. Two (2) Cases of corruption and fraud were reported to the SAPS in 2013 against an employee who has since then, resigned.

2. The two (2) Cases were back then consolidated into one (1) Case (Case Number OBD598072014).

3. With all the periodical requests for feedback from the SAPS, we get a standard answer that investigation is still on- going.

4. We are of the opinion that the Police have not made any progress with respect to the finalisation of this Case.

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by Magalies Water.

Only the 2-in-1 Case referred to under (a)(i) (Case Number OBD598072014) which is still being investigated by the SAPS since in 2013.

Periodic follow ups on this one (1) Case (Case Number OBD598072014) of 2013 continue; but

2. The incumbent is also no longer an employee of Magalies Water.

The response already showing in this Section hold true for Magalies Water.

Mhlathuze Water

None

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by Mhlathuze Water

Refer to (a) above.

Refer to (a) above.

Refer to (a) above.

Overberg Water

There is only one case reported in June 2018 but still in discussion with the SAP on the alleged fraud and corruption.

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by Overberg Water.

Refer to (a) above.

Refer to (a) above.

No conviction relating to the cases for the periods 2012/2013 until 2017/2018 financial years which are still in progress with SAPS.

Rand Water

Fourteen (14) cases were reported to the SAPS over the period 2004 to 2018

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by Rand Water.

  1. Eight (8) cases of fraud were reported to the SAPS over the period.
  1. One (1) case of embezzlement was reported to the SAPS
  1. Five (5) cases of theft were reported to the SAPS

The entity is continuously following up regularly with SAPS regarding the cases to ensure that investigations are still taking place.

  1. One (1) case of Fraud in 2008
  1. Two (2) cases of Theft in 2012
  1. Two (2) cases of Theft in 2016

Sedibeng Water

The numbers of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, which have been referred to the SA Police Service (SAPS) by our Department, are five (5) cases.

One (1) Section 34 complaint was lodged with the DPCI.

Refer to (a) above.

The entity is continuously following up regularly with SAPS regarding the five (5) cases to ensure that investigations are still taking place.

There were no case reported for the period 2012/2013 until 2016/2017 financial years. The new cases reported in 2017/18 are still under investigation and the entity is following up with SAPS on the progress.

Umgeni Water

The number of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, which have been referred to the SA Police Service (SAPS) by our Department, is one (1) case.

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by Umgeni Water.

Refer to (a) above.

The case is at PMB High court

No conviction relating to this case – still in progress

WRC

None

There are no cases referred to Directorate for Priority Crime Investigation (DPCI) by WRC.

Refer to (a) above.

Owed to the fact that our Institution had Zero (0) cases, it was not necessary to follow up regularly with SAPS to ensure that investigations are still taking place.

Owed to the fact that our Institution had Zero (0) cases, it was not necessary for convictions relating to the cases for the periods 2012/2013 until 2017/2018 financial year.

TCTA

The number of cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended, which have been referred to the SA Police Service (SAPS) by our Trans Caledon Tunnel Authority are 2 (two).

There are two cases referred to Directorate for Priority Crime Investigation (DPCI) by the Trans-Caledon Tunnel Authority.

• First case referred to DPCI was mandated to SAPS Commercial Crimes for investigation and prosecution. The case reference is State vs Mbeba (Ref. IR2014/11/108).

• The second case that was referred to DPCI for criminal investigation involves the former Chief Executive Officer of TCTA on allegations of corruption. The second allegation involves fronting Intelligent Water Solutions (‘IWS’). The case number is Lyttelton CAS 29/12/2017.

Refer to (a) above.

Trans- Caledon Tunnel Authority continuously follow up regularly with SAPS regarding all the cases to ensure that investigations and prosecution take place.

There were no convictions relating to the two cases for the periods 2012/2013 until 2017/2018 financial years.

• The case of the State vs Mbeba (Ref. IR2014/11/108), was withdrawn therefore no conviction was secured.

• The case which involves the former Chief Executive Officer of TCTA and Intelligent Water Solutions (‘IWS’) (CAS 29/12/2017) is still under investigation.

14 August 2018 - NW1997

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Dreyer, Ms AM to ask the Minister of Water and Sanitation

(1)What (a) number of water quality tests did the Rand Water conduct in the Ekurhuleni Metropolitan Municipality (i) in the (aa) 2014-15, (bb) 2015-16, (cc) 2016-17 and (dd) 2017-18 financial years and (ii) since 1 April 2018 and (b) were the results of each test; (2) will he furnish Mrs A M Dreyer with copies of each quality test?

Reply:

(1)(a) Refer to the table below for the number of water quality tests did the Rand Water conduct in the Ekurhuleni Metropolitan Municipality for the financial years in question.

(1)(a)(i)(aa) 2014-15

(1)(a)(i)(bb) 2015-16

(1)(a)(i)(cc) 2016-17

(1)(a)(i)(dd) 2017-18

(1)(a)(ii) since 1 April 2018

44358 (July to June)

46563 (July to June)

49837 (July to June)

54137 (July to June)

Information Included in (1)(a)(i)(dd)

(1)(b) Refer to Annexure A for all water quality test results for the financial years in question are attached

(2) Yes, the water quality reports for Ekurhuleni Metropolitan Municipality for the financial years in question will be made available to the Hounorable Member.