Reply:

1. The response to this question contains classified information and can only be disclosed in a closed session of the Joint Standing Committee on Defence.

Reply:

(a) (i) EThekwini Municipality has a total number of:

• fourteen (14) continuous ambient air quality monitoring stations;
• ten (10) non-continuous “bubbler SO2” stations; and
• six (6) Dust Fallout Monitors.

(ii) The non-continuous and dust fallout network are working optimally. However, the continuous monitoring network is ageing and requiring more attention from both an Operational and Capital perspective.

(b) Of the fourteen (14) continuous ambient air quality monitoring stations, nine (9) are fully operational, one (1) has an electricity supply problem at the moment whilst four (4) stations have problems with the NOx analysers. A service provider has recently been appointed to repair, service and calibration of these analysers. In addition, a service provider was awarded the contract to upgrade the Data Acquisition System and ensure that the stations are communicating reporting information online. Capital Funding has been made available in the 2018/2019 financial year to commence the replacement process.

The Department of Environmental Affairs (DEA) has initiated a project of establishing the new South African National Air Quality Indicator (NAQI) stations across the country. In this program, four (4) stations from eThekwini Metropolitan Municipality located at City Hall, Ganges, Settlers and Southern Works were identified as suitable stations to be utilised for the reporting of the NAQI. DEA has appointed a service provider to assist with implementation of this project over a period of five (5) years of which the four (4) stations listed above form part of this project. Some of the activities to be undertaken by the service is to carry out activities relating to this project which include, but are not limited to the following:

• Installation and commissioning of new PM10, PM2.5 and SO2 instruments;
• The assessment of the NAQI stations;
• Development of an Air Quality Monitoring Plan;
• NAQI stations data management and reporting; and
• Capacity building for handover to network owners.

(c) The Air Quality Management Plan (AQMP) was approved by council during May 2018 together with a Capital and Operational Budget over a five (5) year period commencing on 01 July 2018. This includes a five year capital recommendation to refurbish the entire network over the period of the AQMP.

---ooOoo---

Reply:

1. All 160 Senior Management Service members had declared their financial interests by 31 May 2017 in terms of Regulation 18 of the Public Service Regulations 2016. The Department is currently processing the Public Service Commission verification report.

2. None.

(3)-(4) The table below provides a breakdown of officials on suspension and the cost attached to the days of service lost.

(a) Number of employees that are currently suspended on full salary	Salary level	(b) Number of days	(4) Cost attached to the days of service lost
1	13	43	R82 991.39
1	10	76	R90 912.65
1	6	69	R34 700.00
2	5	266	R118 232.99
1	3	120	R37 112.54
Total	R363 949.57

Reply:

The Competition Commission is investigating a number of cases of collusion and other uncompetitive behaviour in different sectors. However, as a matter of policy, the Competition Commission does not disclose which sectors it is currently investigating nor which sectors it is not investigating, unless such disclosure is warranted and in the public interest. Disclosing such detail may risk compromising any current or potential future investigation if prematurely released.

-END-

Reply:

1. (a) Yes, the Department of Basic Education has a sexual harassment and assault policy in place.

(b) (i) The policy has been in place since 2014. The policy stipulates the procedure which should be followed in the reporting and investigation of allegations of sexual harassment in the Department. Clauses 19.1 to 19.3 of the policy provide a detailed procedure that must be followed in the investigation of alleged reports of sexual harassment. The procedure includes both formal and informal investigation. The formal procedure involves the following:

• The sexual harassment complaint must be reported to the Director-General or the Sexual Harassment Advisor in writing and the statement must include:

(i) The name of the respondent;

(ii) Date when the incident occurred;

(iii) Where it occurred; and

(iv) Details of how the actual sexual harassment occurred.

(ii) In the event where the grievance procedure has been finalised, and management is of the view that there is a prima facie case against the respondent, disciplinary steps must be instituted as per the provisions of the Disciplinary Code and Procedure in the Public Service (PSCBC Resolution 1 of 2003 read with Chapter 7 of SMS Handbook).

The sanctions provided in clause 19.4 of the policy include, should the respondent be found guilty of the offence: a) Counselling, b) Verbal warning, c) Final written warning, d) suspension/fine, e) demotion or f) dismissal.

If the Director-General is the perpetrator, the Executive Authority becomes the authority that appoints the Sexual Harassment Advisor and makes decisions on the case. Once the Sexual Harassment Advisor has been appointed, all terms and procedures set out in the policy for subsequent action shall apply without exception, read with the necessary changes.

A complainant of sexual harassment has the right to press separate criminal charges and/or civil claims against the respondent if they so wish. The legal rights of the complainant are in no way limited by the DBE policy.

2. (a) (i) Financial years 2014/15 to 2016/17: No incidents of sexual harassment and assault reported.

(ii) Since April 2017: No incidents of sexual harassment and assault reported.

(b)(i) Not applicable. No cases reported.

(ii) Not applicable. No cases reported.

(iii) Not applicable. No cases reported.

(c) Not applicable. No cases reported.

Reply:

(1)

Ambient air quality has been monitored at 14 stations in the EThekwini Municipality for 12 years to date. A range of pollutants are measured. Two stations, Southern Works and Wentworth are located in the South Durban Basin. Since 2008, particulate matter concentrations at these stations have come down and are now in compliance with South Africa national ambient air quality standards. Ganges ambient monitoring station, which falls outside the basin, is however in non-compliance with particulate matter ambient standards, and this is mostly due to the vehicle emissions from the busy Southern Freeway close to this station.

In terms of sulphur dioxide, the three stations in the basin, namely, Settlers, Southern Works and Wentworth have also reported significant decreases in the sulphur dioxide annually over the years. The reduction in pollution seen in most stations since 2008 to 2010 over eThekwini are as a result of regulatory interventions such as the Scheduled Trade Permitting system and Atmospheric Emission Licensing programs implemented by the city, to target industrial emissions within the South Durban Basin.

(2) Health studies require special scarce skills and are relatively expensive to undertake. In the recent years, the Department of Environmental Affairs has spent over 8 Million Rands on health studies. Unfortunately, for financial reasons, the department has to prioritise study areas to focus on at a given time. To date, the Department has completed a health study in the Vaal Triangle Priority area. The department is currently conducting a health study in the Highveld Priority Area (HPA). In addition to being costly, these studies also takes time to complete. The current HPA health study will only be completed in late 2019, and only after then can the Department consider other priority areas. In the meantime, provinces and municipalities are encouraged to conduct local health studies.

A South Durban Health study was conducted in 2007 to determine the health status of the Durban South residents with specific focus on respiratory diseases and to determine an association between these diseases and environmental pollution. The study also assessed the range of ambient air pollutants to determine the potential risk they pose on the health of the Durban South community. The study revealed that moderate ambient concentrations of nitrogen dioxide (NO2), nitric oxide (NO) sulphur dioxide (SO2) and PM10 were strongly and significantly associated with decrements in lung function among children with persistent asthma and/or polymorphism associated with the ability to respond to oxidative stress. Children attending school in the south of Durban as compared to the north, were significantly associated with the increased risk of persistent asthma and for marked airways hyper reactivity. For adults, residing in the south was significantly associated with hayfever and marginal associated with chronic bronchitis, wheeze, shortness of breath and hypertension.

In addition, a joint Health study was completed in the early 2000’s. This study included National, Provincial, and the Local sphere of government as well as academia, industry and international partners. The primary intervention post the study was to reduce the levels of SO2 in the area as this pollutant is a known trigger for asthma. Significant reductions for this pollutant have been achieved. The eThekwini Municipalities AQMP which has a five year life span has included a further Health study in the financial year 20/21. This will need to include multiple stakeholders as the municipality could not fund a study of this nature in isolation.

(3)(a) Since the study, a number of interventions have been deployed at national, provincial and municipal level. Below are just a few.

• A tightening of controls on large industrial emitters with specific reference to SO2, Benzene, NOx and PM.
• The Department of Environments Affairs developed Minimum Emission Standards to control industrial emissions. The notice in this regard was published in 2010 and finalised in 2013. There were no previous standards in this regard and this promulgation and this allows for far tighter regulation of industries. Regulatory air quality management including the assessment of all new developments by means of Specialist Studies together with the Licensing of all Listed Activities as defined in NEM; AQA (39 of 2004) have resulted in an improvement in the air quality in the area.
• Enforcement inspections are being conducted to ensure compliance with the legislation and that conditions of the atmospheric emission licenses are adhered to.
• Continuous monitoring of criteria pollutants to determine if the national ambient air standards are not exceeded. Since then there has been some improvements as shown below:

(b) is the role played by the licensing authority in addressing the cumulative impact of air pollution in the area:

• The licensing authority continue to monitor the industry to ensure that they adhere to conditions of the atmospheric emissions licenses.
• Cumulative impacts are generally considered during the approval of new developments. This is often approached by the introduction of specialist studies conducted during the EIA process

(4) The minutes of the AQO forum can be obtained from the Provincial Air Quality Officer at the provincial department responsible for environmental affairs.

(5) The intervention for addressing air pollution and therefore reducing the health risks posed are stipulated in the eThekwini Metro’s air quality management plan (AQMP). According to the said AQMP, the eThekwini Municipality Health Study is planned for 20/21. The National Department will support this process.

---ooOoo---

Reply:

a) The Department has filed its supplementary affidavit, and the Office of the Public Protector is yet to file its answering affidavit. The attorneys for the Public Protector intend filing a condonation application for the late filing of its answering affidavit, where after the Office of the State Attorney will set the matter down for hearing.

b) As the Clerk of the Court determines the court dates, the Department is unable to indicate when the case will be finalised.

Reply:

a) (i)      The following campaigns were undertaken leading up to Easter :

Driver workshops – road safety education workshop was conducted among drivers of major bus companies that were scheduled to transport people to different places of pilgrimage. The emphasis of the workshop was on fatigue management, pre-trip inspections, safe vehicles, impaired driving as well as reckless driving. Drivers were exposed to public transport accident scene that took place during the 2017 Easter Period. The Department of Health and the Road Accident Fund provided information on issues related to health fitness and wellbeing.

 

Road Awareness at institutions - road safety awareness activities were undertaken at churches, Taxi Ranks, Schools, places of entertainment, as well as filling stations along the major routes.  The purpose of the awareness activities was to increase knowledge and skills among travellers in relation to vehicle safety, overloading of passengers and goods, as well as substance abuse. Road safety officials were deployed at various transport public hubs which were known to be congested during Easter period as a result of travellers to raise awareness about safety on the roads.

Pedestrian Awareness - heightened pedestrian awareness activities were undertaken in areas, which are identified as hazardous locations. The focuses of the pedestrian activity were primarily on visibility, the safe crossing of roads, impaired walking as well as jay-walking.

 Youth road safety - Young people are largest group involved in reckless and negligent driving due to their attitudes towards safe road usage.  Road safety education campaigns were undertaken leading up to Easter at institutions of higher learning and the focus was on impaired walking and driving, dangerous walking and pedestrian visibility.

  

The activities were supported by a strong media campaign that included interviews and social media activations.

 (ii)     The following campaigns were undertaken during the Easter period:

• Intensified law enforcement operations by national, provincial and local traffic authorities took place during the Easter period focussing inter alia on speed management, drunken driving, reckless and negligent driving, overloading, vehicle roadworthiness and cross-border operations.

• Road safety education activities were staged on all routes that were identified.

• Radio and television interviews were conducted on local, regional and national stations throughout the period to sustain the messages on safe Easter travel. Social media interactions were also intensified to reach young travellers.

(iii)   The following campaigns were undertaken after the Easter period:

Media interactions continued after the Easter period on all the platforms including TV and road interviews and social media platforms. The campaigns continued over the Worker’s day (May 1)  long weekend.

(b)     The objectives of the campaigns were to reduce fatalities on the identified hazardous routes and improve road user behaviour.

(c)       There was a reduction in crashes on identified hazardous routes however new hazardous routes emerged in other areas. The number of passenger fatalities were reduced although pedestrian fatalities increased suggesting that more work is still required.

(d)    This was measured by analyzing crashes and fatalities and comparing the outcome to the similar period in the previous years.

(e)    The campaigns took place at churches, institutions of higher learning, taxi ranks, halfway station along major routes, premises of major bus operators, on the roads in the form of roadblocks and on various media platforms.

(f)     The campaigns were targeted at drivers of public transport vehicles, passengers, pedestrians, the youth and faith-based organisations.

(g)   The campaigns were undertaken with approved operational budgets of provincial departments and municipalities.

 

Reply:

(1)(a) What is the level of medical stock in the pharmacy at 1 Military Hospital,

Pharmaceuticals and medical consumables for emergencies and life-threatening situations are fully stocked and available at 1 Military Hospital. The medical stock levels at the 1 Military Hospital pharmacy stands at 75%. The stock levels should improve to 85% by the first week in July when more deliveries of stock are expected. Some challenges are experienced with the suppliers of pharmaceuticals at a national level.

(b) Why has this very important indicator been removed by her department and

The performance indicator that refers to the stock levels of pharmaceuticals and medical consumables has not been removed by the department. A decision was made to register the performance indicator as classified as stock levels are regarded as sensitive strategic information.

(c) What is the direct impact of the medical stock level on soldiers and military veterans?

The impact of medical stock levels is minimised by alternative arrangements such as the buying-out of medication that is not available in the SA Military Health Service. There is thus no direct impact on soldiers and military veterans, except the increased cost to the Department of Defence of the buy-out from private pharmacies.

Reply:

1. (a) (i) (aa) There were no sexual harassment incidents reported to the Human Resource office of the Department of Basic Education in 2016.

(a)(i) (bb) There were no sexual harassment incidents reported to the Human Resource office of the Department of Basic Education in 2017.

(a)(ii) (aa) There were no sexual harassment incidents reported to the Human Resource office of the Department of Basic Education by entities in 2016.

(a) (ii) (bb) There were no sexual harassment incidents reported to the Human Resource office of the Department of Basic Education by entities in 2017.

(b) Not applicable

2. Not applicable

 

Reply:

1. According to reports received from REDISA, the 2016 volumes were impacted by shortage of depot storage space and slow uptake in demand. The figures also excluded the OTR tyres, and the reporting in the late 2016/17 excluded waste tyre exportation; and when we include the figures for export, the performance exceeds the target.

2. Yes, OTR tyres are included in the target.

(a) Refer to a response in 2 above.

(b) The OTR tyre collections is already taking place, although at the slow pace. The new equipment for pre-processing of OTR tyres has been procured and is expected to be delivered in a month or two. This, together with Waste Bureau actions, will improve waste tyre processing capacity in the near future; and will also enable the organisation to improve OTR collections and processing capacity.

3. The budget will not be sufficient and, in this regard, National Treasury is being engaged.

4. The collection and recycling of OTR is currently taking place, but at a small scale. When the new equipment arrives (referred to in 2b above), then the Waste Bureau will be able to increase the OTR collection and pre-processing rate. The current initiatives by the Waste Bureau to increase the processing capacity (including going out on tender) will lead to an improved OTR recycling rate.

---ooOoo---

Reply:

(1)(a) How is the loss of scarce skills being addressed at 1 Military Hospital,

The loss of scarce skills has decreased dramatically over the past three years. In the past 24 months, 24 medical doctors have been appointed, three of these being specialists. However, the total number of health care practitioner (HCP) posts available for all the hospitals (specifically with regard to medical doctors, specialised nurses, technicians in the laboratory, radiology and technologists to undertake the repair and maintenance of equipment) will be reviewed to ensure that the SA Military Health Service takes full advantage of the results of the refurbishment and medical equipment procurement.

(b) Why is the appointment of medical doctors delayed while the hospital is experiencing a high vacancy rate,

As stated in the response to the first part of the question, the personnel acquisition process has improved dramatically and no delays are currently experienced in the appointment of HCPs. Hence the appointment of 24 health care practitioners in the past 24 months.

(c) Has the occupational-specific dispensation been implemented fully at the hospital, and

The occupational-specific dispensation has been implemented fully with respect to medical doctors. Some challenges are being experienced in the application of the occupational-specific dispensation with regard to nursing personnel.

(d) How does the SA Military Health Service plan to minimise outsourcing the ostensibly expensive medical services that can cause a significant over-expenditure at the expense of other medical services?

The SA Military Health Service has put management interventions and measures in place to minimise the cost of outsourcing whilst awaiting the completion of the refurbishment project. The management interventions include the case management (or concept of “managed health care”) of all patients who are outsourced in order to control and manage the level of care and ‘hospital stay’ as ‘hospital stays’ are a major cost driver. The managed health care concept furthermore ensures that each patient receives the level of health interventions and care as approved. In the event that any additional health interventions or care is required, further approval within the managed health care concept takes place.

Further management interventions include negotiated and preferred agreed tariffs with particular health providers. Also, in cases where particular specialist interventions are required that could be performed at the military hospitals, the specialist is encouraged to perform the procedure in the military hospital. As the sustainment of stock levels for pharmaceuticals and medical consumables is also critical in minimising cost, the matter has been registered as a standing agenda point on the weekly SA Military Health Service Command Council meetings.

Reply:

I have been informed by the Department and Entities as follows:

Department:

(1) None

USAASA

(1) None

SENTECH

(1) None

.ZADNA

(1) None

BBI

(1) None

NEMISA

(1) None

SITA

(1) One in 2017 who was charged and dismissed.

SAPO

1. Three in 2016, who were all found not guilty.
2. Four in 2017, two were found not guilty and two were dismissed.

Approved/ not approved

_______________

Dr SC Cwele, MP

Minister

DATE:

Reply:

(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;

There were no incidents of racism which were reported to the human resources officers in department and entities reporting to the Minister in 2016 and 2017

(2) Was each incident investigated; if not, why not in each case; if so, what were the outcomes of the investigation in each case?

Not applicable.

Reply:

1. (a),(i) & (ii), (aa), (bb) & (cc), (b) and (c), (i) & (ii)

See the attached Annexure for the list of schools built since 2014/15 Financial Year, the Main Language of Instruction and other relevant details of schools. All the schools in Annexure A are in use.

2. See one (1) above.

Reply:

REPLY ATTACHED:

Reply:

The Reservist system of the South African Police Service is regulated by National Instruction 3 of 2014. In terms of the Reservist dispensation, members of the community volunteer to assist the SAPS in the fight against without any expectation of being permanently employed and without any payment unless called up for special dutie$. Reservists are not automatically employed or absorbed into the SAPS. Permanent employment as new police officers or support I clerical staff in the South African Police Service is 1;1overned by legislative I regulatory I framework/ prescripts. Reservist must comply with necessary enlistment I appointment criteria to be employed permanently.


LIEUTENANT GENERAL DIVISIONAL COMMISSIONER: PERSONNEL MANAGEMENT
L NTSHIEA
Date: 2018-05-30

Reply to question 1624 recommended

LIEUTENANT GENERAL ACTING NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICES
BC MGWENYA
Date: 2018-05-30

Reply to question 1624 approved


MINISTER OF POLICE
BH CELE, MP
Date: 2018-06-27

Reply:

Has there been any findings by the Auditor-General (AG) in the past three financial years questioning the qualifications of any officials employed by his department:

Yes

(a) Which Official was implicated?

It was Ms N.B. Parker, Director Financial Management, in the Branch: Fisheries Management, during the 2016/17 financial year.

(b) (i) What recommendations were made?

Management should ensure the following

• Section responsible for appointment must ensure that job descriptions are established for each post to be advertised.
• Job descriptions must be reviewed and approved by a senior official before a post is advertised.
• Filling of posts must be properly planned to ensure that advertising requirements are complied with.
• Section responsible for appointments must ensure advertisement for the posts are drafted in a manner that complies with the applicable requirements.
• Before making recommendation to executive authority, the selection committee must satisfy itself that employees meet inherent job requirements.

Management must implement controls over record keeping and safe guarding of the entity information to ensure that that complete, relevant and accurate information is accessible and available in a timely manner to support financial and performance reporting. Furthermore when inspecting qualification of the recommended employee, the Auditor-General noted that they related to the Bachelor of Arts (education) and the Masters in BA was not finance related.

(b)(ii) What internal processes were followed in the appointment of each official?

The recruitment process was conducted in terms of the Public Service Act, 1994, (Chapter IV), the Public Service Regulations, 2001, (Chapter 1, Part VII) as well as all other applicable legislation.

The vacant post of Director: Financial Management (Salary Level 13) was advertised on 10 January 2016, Ref. no. 10/2016/ST in the media (Sunday Times and City Press) with a closing date of 25 January 2016.

The advertisement was in line with the Job Description that had been designed for the post of Director: Financial Management and was approved by the CFO as the senior official under which the post reported. The advert was also in line with the applicable requirements as set out by the DPSA for Senior Management positions.

A total number of 62 applications were received, of which 21 were recommended candidates, 13 possible and 28 non-recommended candidates, respectively.

A pre-selection was done on 11 February 2016 by the Selection Committee Members, through scrutinising each of the applications received, with due consideration to the core functions and requirements of the post as indicated in the advertisement.

The interviews of short-listed candidates were conducted on 16, 17 and 18 February 2016.

The Selection Committee Members consisted of:-

Role	Name	Position
Chairperson	Mr. J. Hlatshwayo	Chief Financial Officer
Member	Ms. S. Ndudane	Deputy Director-General Fisheries Management
Member	Ms. S. Middleton	CD. Fisheries Operations Support

 

Ms S. Melane, Director: Integrated Human Resources Management rendered a secretariat and advisory services to the Selection Committee.

Competency assessment and personnel suitability checks were duly conducted prior to approval of the appointment by the delegated authority (Acting Director General, Mr KCM Mannya) on 26/04/2016.

(b) (iii) What steps were taken by his department after recommendations were made by the AG? 

DAFF does not agree with the audit finding and internal control deficiencies as all the recruitment processes for the post of Dir. Financial Management were conducted in terms of the Public Service Act, 1994, (Chapter IV), the Public Service Regulations, 2001, (Chapter 1, Part VII) as well as all other applicable legislation and all the supporting documents were furnished to the Auditors during the auditing period.

The Job Description and advert, articulating all the inherent job requirements, were duly approved by the CFO and the Acting Director-General at the time.

DAFF does not agree with the recommendation as there is no basis for findings and recommendations as Ms. Parker’s application was scrutinised against the applicable requirements and she met all the said requirements as per the advertisement by the Selection Committee.

In ensuring that the matter is finally laid to rest, the Department has instituted a thorough investigation into the appointment of Ms N.B. Parker.

Reply:

1. The Department is not aware of the case in question and has requested the Provincial Education Department (PED) to provide further information and details. A comprehensive response will be provided when the response is received from the PED.

2. The Regulations for Safety Measures at Public Schools published under government notice 1040 in government gazette 22754 of 12 October 2001 and amended by; GNR1128 in government gazette 29376 of 10 November 2006 with reference to 8A paragraph 2 state that a public school must take measures to ensure the safety of learners during any school activity and these measures include, among others, injuries.

Reply:

(1)(a)(b)(2)(a)(b)(i)(ii)(3)(4) and (5)(a)(b).
The details of the cases, which are investigated by the Division: Detective Service, are reflected in the annexure.

The details of the cases, which are investigated by the Directorate for Priority Crime Investigation (DPCI), are reflected in the table below.

Find table here:

Reply:

1.

DBE	(a)(i)	(a)(ii)	(b)(i)	(b)(ii)
	There is no vacant land	There is no unused land	Not applicable	Not applicable
SACE	(a)(i)	(a)(ii)	(b)(i)	(b)(ii)
	None	None	None	Not applicable
UMALUSI	None	None	Not Applicable	Not Applicable
	Land owned by Umalusi includes 2 properties utilised as administrative office buildings in Gauteng. Private use is defined as leased out to an individual person or company. Rand values provided by Umalusi in response to part 2 of the question is for the financial year ending 31 March 2018.

2.  DBE	(a)	(b)(i)	(b)
	Not leased for private use	N/A	(i)	(ii)
		N/A	(aa)	(bb)
			N/A	N/A
SACE	(a)	(b) N/A	(b)
	SACE owns no land that has been leased out for private use	(i) N/A	(i)	(ii)
		None	(aa)	(bb)
			None	N/A

UMALUSI
2 (a) Leased out for private use	(b)(i) Rand value	(ii) (aa) location	(ii) (bb) size
1. GCS	R21,711.11 per month	Portion 1 of Erf 2 Persequor, 41 General van Reyneveld, Persequor Technopark, Pretoria	160.15 m2 of 5,879m2
2. DD	R30,517.88 per month	Portion 1 of Erf 2 Persequor, 41 General van Reyneveld, Persequor Technopark, Pretoria	275.22 m2 of 5,879m2
3. S	R21,252.75 per month	Portion 1 of Erf 2 Persequor, 41 General van Reyneveld, Persequor Technopark, Pretoria	169.50m2 of 5,879m2
4. S&N	R48,969.03 per month	Portion 1 of Erf 2 Persequor, 41 General van Reyneveld, Persequor Technopark, Pretoria	380 m2 of 5,879m2
	R122,450.77 per month		984,87 m2 of 5,879m2
Umalusi will occupy the rest of the property (administrative office buildings) as soon as the renovations is completed.

Reply:

(a) The latest date, on which an audit was done of the actual number of police officers, which are permanently deployed to the Sedgefield Satellite Police Station, was on 1 June 2018.

(b) Yes, the information, which was provided by the South African Police Service (SAPS), is true.

(c) Deployments were previously done, on an ad hoc basis, from the Sedgefield Police Station. Currently, 13 SAPS members are deployed to Sedgefield Satellite Police Station.

Reply to question 1755 recommended


LIEUTENANT GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
SC MTAZI (SOEG)
Date: 2018-06-19

Reply to question 1755 approved/not approved

MINISTER OF POLICE
BH CELE, MP
Date: 2018-06-27

Reply:

Elsburg CAS 229/06/2017 Is being investigation by the independent Police Investigative Directorate (IPID), Gauteng province In terms of section 2B(1)(a) of the IPID Act relating to death In police custody.

!PID made recommendation to the SAPS and referred the docket to the DPP for a decision.
On 25 January 2018, the SAPS Issued a Final Written Warning to both the members Involved.

The docket has been forwarded to the DPP and was returned on 3 May 2018 with queries. IPID is addressing the queries and will submit the docket to the OPP for decision on or before 15 June 2018.

Approved by

MR RJ MCBRIDE
EXWCUTIVE DIRECTOR: IPID
DATE; 04/06/2018


Reply to question 1633 approved

MINISTER OF POLICE

BHCELE, MP
Date: 27/06/2018
 

Reply:

1. The Department is currently in discussion with the South African Council of Educators (SACE) with the aim of working together to ensure that SACE can access the two Registers to vet recruited educators so that those who have been listed on these Registers are barred from registering as educators.

2. No further statement on the matter is necessary at this stage.

Reply:

DEPARTMENT OF BASIC EDUCATION

1. (a) (i) The are no incidences of racism reported to the Human Resources Offices in the Department of Basic Education

(aa) Not Applicable

(bb) Not Applicable

2. Not Applicable

UMALUSI’ S RESPONSE

(ii) Umalusi Response:

(aa) (bb) No incidents of racism were reported to the human resources office at Umalusi in 2016 and 2017

1.(b) and (2) Not applicable – No incidents reported to investigate.

SACE RESPONSE

(1) (ii)

(aa) For the academic year 2016, a total of 3 cases of racism were reported to SACE under case numbers: 225/2016/-KZN, 365/2016-FS and 563/2016-WC

(2) 225/2016-KZN Allegations of racism at Phoenix Technical high school. Allegations of racism. An Indian educator using racial slurs towards black children. An investigation to take place in July 2018

365/2016-FS Allegations of racism at Valhalla primary school. It was alleged that a white educator in the school used racial slurs towards a black learner by threatening to slap him until he was white and even Google would not be able to find him.

The matter was resolved between the accused educator, the parents and the DBE has also intervened. An advisory letter was sent to the accused educator on the basis thereof.

563/2016-WC Allegations of Racism at Gansbaai Academia. A colored educator referred to black learners as “Kaffirs” in a school Whatsapp group. An investigation was conducted and a disciplinary hearing to proceed in July 2018.

(bb) For the academic year 2017 a total of 6 cases of racism were reported to SACE under case numbers: 122/2017-WC, 227/2017-GP, 256/2017-WC, 287/2017-GP, 288/2018-GP and 507-2017-NW.

(2) 122/2017-WC Allegations of racism at Schoonspruit Secondary school. It is alleged that a white educator in the school referred to colored learners as belonging to a “hotnot city”, “vullis” “kleurlinge wat nie fisiese wetenskap kan doen nie.” The educator was given a Final written warning by the WCED and a R3000.00 fine pursuant to a guilty plea by him. SACE forwarded an advisory letter to the educator and cautioned him against such conduct.

227/2017/GP Allegations of racism at Eldorado Park Primary school and surrounding schools in Klipspruit West. The matter was attended to by the Human Rights commission and resolved. No actual complaint was levelled against any specific teacher save to say they black teachers were discriminating against colored learners and vice versa. Parents wanted a colored principals in theirs schools around Eldorado Park.

256/2017-WC Allegations of racism at Dysseldorp Secondary school. It was alleged that an educator at the school referred to colored learners as “Kaapse Kakste Goed” and as “Bobbejane”.We are in the process of tracing the educator as he was dismissed by the WCED. Learners involved are still available. Our investigation continues.

287/2017-GP Allegations of racism at Sandtonview primary school. It was alleged that a black educator made racial remarks towards a colored educator at the school by telling him that “the school was not a colored school and that he should not come with colored mentality in the school” an investigation was conducted, resulting in disciplinary hearing. The educator was found not guilty by the disciplinary tribunal.

288/2017-GP Allegations of racism at Cosmo City West Primary school. It was alleged that a black educator referred to her colored colleague as a “Bushman or Bushie” An investigation was conducted resulting in disciplinary proceedings. The educator pleaded guilty and was given a sanction as follows:

(A striking off from the roll of educators and which striking off was suspended for a period of five years on condition that she does not make herself guilty of misconduct during the period of suspension. She was further given a fine of R10 000.00 payable to SACE over a period of 10 Months)

507/2017-NW- It was alleged that an educator at Laerskool Unie in Klerksdorp was discriminating against black educators in the school and calling them by the “K” word. An investigation was conducted, resulting in disciplinary proceedings. A disciplinary hearing was conducted against the educator and we await the outcome of the disciplinary hearing.

Reply:

1. (a) Not Applicable.

(b) Kabelo Motshekga (Son)

(i) Not Applicable.

(ii) Not Applicable.

(aa) Kabelo Motshekga (Son)

(bb) (aaa) Global Education Symposium

(bbb) From Paris to Los Angels and Los Angels to Johannesburg via JFK. From Paris to LA the cost was R47 578 and from LA to Johannesburg the cost was R11 970.

2. The trip was approved by means of President’s Act No. 381 of 2015, and another Minister was appointed to Act in her absence.

Reply:

(a) On 301h January 2018 the Directorate for Priority Crime Investigation received a report in terms of Section 34 of the Prevention and Combating of Corrupt Activities Ac~ Act 12 of 2004. The report was submitted by Mr Steve Francois Booysen, the Chairperson of the Audit Committee of Steinhoff. The report allege that Markus Jooste is guilty of the offence of-

• being a party to the falsification of accounting records of a company;

• with the fraudulent purpose, knowingly providing false or misleading information In circumstances In which the law required him to provide information of give notice to another person which was not dales or misleading;

• knowingly being a party to an act or omission by the company calculated to defraud creditors or employees of the company, or holders of the company's securities, or with another fraudulent purpose; or

• being party to the preparation, approval, dissemination or publication of a prospectus or a written statement contemplated in the Companies Act, that contains an " untrue statement" as defined and described in the Companies Act.

(2) The following three case dockets are investigated by DPCI relating to the allegations against Steinhoff International Holdings NV and/or Its subsidiaries:

• Stellenbosch CAS 226/12/2017 (Fail to report knowledge/suspicion of offence in terms of Corrupt Activities Act I theft I fraud I Extortion I Forgery I Uttering);
• Stellenbosch CAS 347112/2017 (Fraud); and

• Sandlan CAS 371/1212017 (Fraud)

Reply to question 1135 recommended


GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE
Date: 02/05/2018

Reply to question 1135 approved


MINISTER OF POLICE
BH CELE, MP
Date: 27/06/2018

Reply:

No, the provincial Department has not furnished the Minister with the details, despite numerous attempts to request the information. The Honourable Member is requested to kindly submit the request directly to the province and the South African Police Services.

Reply:

In response to the above question as posed by Mr D America (DA):

(a) The case docket Is currently still under Investigation at IPID Mpumalanga Office;

{b) The SAPS ls not investigating the allegations as these resort under Sec 28(1){f) of the lPID Act, Act 01 of 2011 for IPID investigation;

(i) There is currently no decision on arrests and the case docket will be presented to the NPA for a decision on prosecution or not, after the investigation has been concluded. The decision of the NPA will direct how any person, should appear In court whether through arrest or summons;

(ii) The investigation is envisaged to be completed and the case docket prepared for the NPA decision by the end of June 2018.

Approved by:

MR RJ MCBRIDE
EXECUTIVE DIRECTOR: IPID
DATE: 19/06/2016

Reply to question 1516 approved


MINISTER OF POLICE
BH CELE, MP
Date: 27/06/2018

Reply:

1. No, the Electoral Commission does not have sufficient funding for two national registration weekends.

(a) During the 2017 MTEF National Treasury allocated R630 million in 2018-19 for two main registration weekends and some NPE 2019 election related activities. Of this amount, approximately R581 million related to the two main registration weekends and the remaining R49 million related to preparatory work for the 2019 NPE such as the procurement of components of the bill of materials.

(b) Due to inter-alia the lack of funding by National Treasury in relation to initiatives taken by the Electoral Commission with regards to the rectification of voters’ addresses on the national voters’ roll stemming from the Constitutional Court ruling, the cyclical ICT hardware and platform refresh and the partial funding of the new voter registration devices, the overall shortfall in the 2018-19 financial year is R346 million. This budget shortfall necessitated that funds amounting to R211 million which was earmarked for the registration weekends, be reprioritised to address these critical unfunded projects. The remainder of the shortfall (R135 million) was funded by delaying and reprioritising certain projects.

It should be noted that the R211 million that was originally allocated for a second registration weekend does not include the imperative to have an average of three electoral staff members per voting station. At the time of the 2017 MTEF it was envisaged that there would only be two staff members per voting station.

2. (a) The actual cost of the registration drives held over the past five financial years are as follows:

• November 2013: R280.5 million
• February 2014: R209.9 million
• March 2016: R314.7 million
• April 2016: R192.5 million
• March 2018: R219.6 million

(b) The budgeted cost for the planned February 2019 registration drive for the 2019 NPE is R419 million. This includes an additional staff member per voting station (R32 million), necessitated by the need to harvest addresses, and an additional training day (R17 million) on the new voter registration devices.

Reply:

(1) I have been advised that the human resources offices did not receive any report of incidents of sexual harassment from the Department and its entity, the African Renaissance Fund.

(2) Falls away.

Reply:

(a)(b)(i)(ii)

According to the financial records and system of the Department of Justice and Constitutional Development, no transfer payments were made to the South African Police Services for the past ten (10) financial years and from 1 April 2018 to date.

(a)(b)(i)(ii)

The Department of Correctional Services did not transfer any funds to the Department of Police during the past 10 years.

Reply:

(1)(a)(i) and (ii) as tabulated hereunder:

	2015/16	2016/17	2017/18	2018/19
Number of State owned DHA vehicles involved in accidents	69	72	50	5
Number of State owned vehicles written off	15	21	5	1

Please note ‘accidents’ involve all incidents where damage is caused to a State owned vehicle. This includes cracked windscreens and burst tyres.

(1)(b) For detail see schedule attached marked annexure A.

(1)(c)(i) See table above

(1)(c)(ii) Uneconomical to repair

(2) None of the State owned DHA vehicles are fitted with tracking devices.

Reply:

1. All SMS members save for one, submitted their financial interests as required by the law.

(1)(a) The SMS member was appointed on the 01st March, 2018, and failed to submit her financial interests within 30 days of her appointment.

(1)(b) One.

(1)(c)(i-ii) R M Tlou - Director.

2. The SMS member was charged and sanction of Final Written Warning was meted out.

(3)(a) Post Level 6 = 21

Post Level 8 = 1

Post Level 10 = 1

(3)(b) Post Level 6:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=21

(iv) Longer than 120 days=0

Post Level 8:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=1

(iv) Longer than 120 days=0

Post Level 10:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=1

(iv) Longer than 120 days=0

4. Total amount of cost attached to the days of service lost as a result of the suspensions is R 1 068,490.13

Reply:

Abbreviations:

NO – National Office

EC - Eastern Cape

WC - Western Cape

GP - Gauteng

NW- North-West

KZN- KwaZulu-Natal

NC- Northern Cape

FS- Free State

MP - Mpumalanga

LP- Limpopo

1. (a) NUMBER OF ACCIDENTS:

YEAR	NO	EC	WC	GP	NW	KZN	NC	FS	MP	LP	Total
2015/2016	7	0	0	6	20	15	16	3	11	86	164
2016/2017	4	24	1	13	23	39	18	3	15	75	215
2017/2018	4	28	3	8	4	16	19	0	8	36	126
2018/2019	0	1	1	0	1	2	2	0	3	3	13
Total	15	53	5	27	48	72	55	6	37	200

(1) (b) COST FOR REPAIRS IN EACH CASE:

Part 1:

YEAR	NO	EC	WC	GP	NW
2015/2016	R 84 377,71	0	0	R97,514,55	R 538 786,29
2016/2017	R68 239,73	R 310 094,24	R2 401.06	R88,171.55	R 526 424,47
2017/2018	R 44 119,15	R 359 350,74	R2 800.00	0	R 478 135,38
2018/2019	0	R 6 885,61	R6 949.15	R42,483.14	R 103 094,31
Total	R196 736.59	R676 330.59	R12 150.21	R228 169,24	R 1 646 440,45

Part 2:

YEAR	KZN	NC	FS	MP	LP
2015/2016	R 186 067.16	R 202 396,00	R146 467.28	R170 678.36	R 592.044.59
2016/2017	R631 248.48	R 362 463,20	R35 219.83	R156 729.81	R651.592.41
2017/2018	R187 683.76	R 116 136,28	0	R 129 378.97	R199.631.75
2018/2019	R3 392.50	0	0	R 88 714.45	R 7382.20
Total	R 820 708,14	R 680 995,48	R 181 687,11	R 545 501,59	R 1 450 650,95

1(c) (i) NUMBER OF VEHICLES WRITTEN OFF

YEAR	NO	EC	WC	GP	NW	KZN	NC	FS	MP	LP	Total
2015/2016	0	0	0	0	0	2	4	0	2	4	12
2016/2017	1	2	0	0	0	6	0	0	1	0	10
2017/2018	1	4	0	0	0	2	0	0	0	0	7
2018/2019	0	0	0	0	0	1	0	0	1	0	2
TOTAL	2	6	0	0	0	11	4	0	4	4	31

(ii) Reasons: In all instances it was uneconomical to repair the vehicles and as such the vehicle was written off.

2. No. The Department does not have any tracking devices installed in the Departmentally Owned Vehicles, due to cost containment measures implemented by National Treasury and budget constraints within the department.

Office of the Chief Justice

1. The responses to question 1 are presented in the table below:

	(a)(i) and (ii) Number of accidents per year	(b) Cost for repairs in each case	(c) (i) Number of vehicles written off	(c) (ii) Reasons for vehicles written off
2015/16
	Vehicles were still under the control of Department of Justice and Constitutional Development at the time during this period. The information will be provided by the Department of Justice and Constitutional Development.
2016/17
	Two (02) accidents reported for the year:   Polokwane High Court: R 3 434.04 Free State High Court: R67 756.87	R71 190.91	No vehicles were written off.	Not applicable.
2017/18
	Four (04) accidents reported for the year: Port Elizabeth High Court: R22 980.30 Bisho High Court: R23 969.47 Constitutional Court: R16 232.12 North West High Court: R25 353.38	R88 535.27	No vehicles were written off.	Not applicable.
2018/19
	Two (02) accidents reported for the year to date North West High Court: R36 266.83 Free State High Court: R 5 468.78	R41 735.61	No vehicles were written off.	Not applicable.

2. None of the Office of the Chief Justice’s vehicles have tracking devices installed.

Reply:

The Department and entities responded as follows:

(i) Department of Home Affairs

(1)(a)(aa) One

(1)(a)(bb) One

(1)(b) 2016

• The case involved a female foreign national (the complainant) and an immigration officer at level 8 (the alleged perpetrator). Charges of misconduct were preferred against the Officer and a disciplinary hearing was held. The Officer was found guilty and a sanction of dismissal was pronounced by the chairperson of the disciplinary hearing. The dismissal was implemented. From the employee side the matter have been taken for review of the decision of the presiding officer.
• The employee took the matter to the Labour Court for review – the case is still pending.

(1)(b) 2017

• This case was registered as a grievance but the case was investigated and an outcome was issued. The employee consequently registered a dispute with CCMA based on sexual harassment. The Commissioner ruled that the employee must be compensated for sexual harassment. The department implemented the sanction and the employee was compensated.
• The case is completed and concluded - closed.

(2) Yes. The outcomes of the two cases investigated are detailed in (1)(b) above.

(ii) Electoral Commission

(1)(a)(aa) None

(1)(a)(bb) None

(1)(b) Not applicable

(2) Not applicable

(ii) Government Printing Works

(1)(a) (aa) None

(1)(a)(bb) One

(1)(b) There was an allegation of unacceptable utterances (sexual comments) reported.

(2) Yes. The employee was given verbal warning.

Reply:

(1 ){a){i){ii)(aa) In 2016, seven cases of racism were reported.

(1 ){a){i){ii)(bb) In 2017, six cases of racism were reported.

{1)(b) The details of the cases that were reported, during 2016 and 2017, were recorded in the respective provinces. The details cannot be made available, because according to the Sexual Harassment Policy, Agreement 1/2011, Section 8, outlines the procedure in which to deal with complaints of sexual harassment, with the aim to ensure that:

8.1.1 Complaints of sexual harassment are considered seriously and sympathetically and are dealt with promptly and confidentially: and 8.1.2 the rights of both the complainant and the alleged harasser are respected.

(2) Each case was investigated, based on it's merits and the outcomes differed.
The table below, reflects cases of racism that were reported and recorded, during 2016 and 2017, as well as the outcome for each case.

Find here: Reported Incidents of Racism, during 2016 and 2017

Reply:

The Department and entities responded as follows:

(i) Department of Home Affairs

(1)(a) No incidents of racism were reported to the human resources office in 2016 and 2017.

(1)(b) Not applicable

(2) Not applicable

(ii) Government Printing Works

(1)(a)(aa) 2016 – 1

(1)(a)(bb) 2017 – 1

(1)(b) 2016 – Racist incitement

   2017– Social media posting

(2) Yes. The employee was dismissed in the 2016 incident and 2017 case employee not found guilty.

(ii) Electoral Commission

(1)(a) No incidents of racism were reported to the human resources office in 2016 and 2017.

(1)(b) Not applicable

(2) Not applicable

Reply:

1. (a) Number of accidents

(i)	2015/16	None
	2016/17	3
	2017/18	1
(ii)	Since 1 April 2018	None

(b)

2016/17	R 110 233.76
2017/18	R 40 744.99

NB: All costs were paid for by the insurance company, the Department paid R4 500.00 excess in each case.

(c) (i) None

(ii) Not applicable

2. No

Reply:

(1) The information provided to me by my department is as follows:

(a)(i) and (ii)

Year Head Office Missions

2015/2016: 10 accidents 3 accidents

2016/2017: 5 accidents 13 accidents

2017/2018: 4 accidents 4 accidents

2018/2019: 4 accidents 0 Accidents

(b) Year Head Office Missions

2015/2016: R202 372,13 No cost, insurance covered the damages

2016/2017: R108 076,99 No cost, insurance covered the damages

2017/2018: R139 011,73 No cost, insurance covered the damages

2018/2019: R18 108.32 No cost, insurance covered the damages

(c) (i) Two Head Office vehicles were written off, no Mission vehicles were written off.

(ii) One vehicle was written off due to severe structural damage to the chassis. One vehicle was not economical to repair due to high mileage and value compared to quoted repair costs.

2. In view of the cost versus risk, the current fleet at Head Office does not have tracking devices fitted. It is not standard practice for vehicles in Missions to have tracking devices installed. Vehicles are insured where required by local legislation.

Reply:

(1) The Anglo-Francophone tension in certain parts of Cameroon is a domestic matter, and as such must be resolved by the people of Cameroon through the country’s legal and constitutional remedies.

(2) (a) & (b) No.

(i) (ii) (iii) South Africa has not been requested to assist in mediation in the current tension.

Reply:

(1)(a)(i)(ii)(aa)(bb) and (2)  

See theclink for REPLY: http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW1916-2018-06-27.pdf

 

 

Reply to question 1916 recommended/not recommended

GENERAL ’COMMISSIONER: SOUTH AFRICAN POLICE SERVICE

KJ (SOEG)

Reply to question 1016 approved/not approved

MINIST OF POLICE BH CEEE, MP

Reply:

(a)(b)(i)(ii) According to the annual appropriation process, monies are being appropriated by Parliament for utilisation, based on the Votes of every government department.

During the period in question, no funds were received directly by the South African Police Service (SAPS), from the Vote: Justice and Constitutional Development or Correctional Services.

The National Treasury's Guide on Interdepartmental Transactions and Balances, stipulates the process to be followed when one department provides goods or services to or for another department for a fee, on a cost recovery basis or for free. In terms of this process, several transactions are entered into, between the relevant departments.

Reply to question 2044 recommended


LIEUTENANT GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICES
SC MTAZI (SOEG)
Date: 2018-06-19


Reply to question 2044 approved/not approved


MINISTER OF POLICE
BH CELE, MP
Date: 2018-06-23

 

Reply:

1.All SMS members declared their interests in the past year as required by the Public Service Regulations.

2. N/A

3. a). Number of suspended employees is four (4)

b).

Post Level	No. of suspension days
15	644
14	107
14	90
12	105

4. A total costs to the days is R 3 305 362

Reply:

Honourable Members, the United Nations Human Rights Commission ceased to exist in 2006 when the United Nations General Assembly passed its resolution 60/251, establishing the Human Rights Council (HRC). The details provided here are for the HRC and not those of the United Nations Commission for Human Rights.

(a) & (b) In the last 50 votes taken at the United Nations Human Rights Council, South Africa voted in favour of a total of thirty five (35) resolutions, ten (10) of which are country specific and twenty five (25) thematic, voted against two (2) resolutions, one (1) of which is a country specific and one (1) thematic and abstained on 13 resolutions, twelve (12) of which are country specific and one (1) thematic.

The details of the last 50 votes taken by South Africa at the HRC are provided in the table below:

ITEM	ADOPTED TEXT	TITLE	ACTION TAKEN
1	37/1	The deteriorating situation of human rights in Eastern Ghouta, in the Syrian Arab Republic Led by: United Kingdom of Great Britain and Northern Ireland	Adopted by vote (29 to 4, with 14 abstentions), South Africa Abstained 5 March 2018
2	37/3	Integrity of the judicial system Led by: Russian Federation	Adopted by vote (23 to 2, with 22 abstentions) South Africa voted in favour 22 March 2018
3	37/10	The right to food Led by: Cuba	Adopted by vote (46 to 1, with no abstentions), South Africa voted in favour 22 March 2018
4	37/11	The effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights Led by: Cuba	Adopted by vote (27 to 16, with 4 abstentions) South Africa voted in favour
5	37/21	Human rights and unilateral coercive measures Bolivarian Republic of Venezuela (on behalf of the Non-Aligned Movement)	Adopted by vote (28 to 15, with 3 abstentions), South Africa voted in favour 23 March 2018
6	37/23	Promoting mutually beneficial cooperation in the field of human rights Led by: China	Adopted by vote (28 to 1, with 17 abstentions), South Africa voted in favour 23 March 2018
7	37/29	The human rights situation in the Syrian Arab Republic Led by: France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America	Adopted by vote (27 to 4, with 16 abstentions), South Africa Abstained 23 March 2018
8	37/30	Situation of human rights in the Islamic Republic of Iran Led by: Republic of Moldova, Sweden, the former Yugoslav Republic of Macedonia, United States of America	Adopted by vote (21 to 7, with 19 abstentions), South Africa Abstained 23 March 2018
9	37/32	Situation of human rights in Myanmar Led by: Bulgaria (on behalf of the European Union)	Adopted by vote (32 to 5, with 10 abstentions), South Africa Abstained 23 March 2018
10	37/33	Human rights in the occupied Syrian Golan Led by: Pakistan (on behalf of the Organization of Islamic Cooperation)	Adopted by vote (25 to 14, with 7 abstentions), South Africa voted in favour, 23 March 2018
11	37/34	Right of the Palestinian people to self-determination Led by: Pakistan (on behalf of the Organization of Islamic Cooperation)	Adopted by vote (43 to 2, with 1 abstention), South Africa voted in favour 23 March 2018
12	37/35	Human rights situation in the Occupied Palestinian Territory, including East Jerusalem Led by: Pakistan (on behalf of the Organization of Islamic Cooperation)	Adopted by vote (41 to 3, with 2 abstentions), South Africa voted in Favour 23 March 2018
13	37/36	Israeli settlements in the Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan Led by: Pakistan (on behalf of the Organization of Islamic Cooperation)	Adopted by vote (34 to 4, with 8 abstentions), South Africa voted in Favour 23 March 2018
14	37/37	Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem Led by: Pakistan (on behalf of the Organization of Islamic Cooperation)	Adopted by vote (27 to 4, with 15 abstentions), South Africa voted in Favour 23 March 2018
15	37/40	Cooperation with Georgia Led by: Georgia	Adopted by vote (19 to 5, with 23 abstentions), South Africa Abstained, 23 March 2018
16	37/42	Contribution to the implementation of the joint commitment to effectively addressing and countering the world drug problem with regard to human rights Led by: Albania, Brazil, Colombia, Greece, Guatemala, Mexico, Paraguay, Portugal, Switzerland, Uruguay	Adopted by vote (26 to 10, with 11 abstentions), South Africa voted in favour 23 March 2018
17	36/1	Composition of staff of the Office of the United Nations High Commissioner for Human Rights Led by: Cuba	Adopted by vote: (31 to 15 with 1 abstention) South Africa voted in favour 20 September 2017
18	36/3	The use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination Led by Cuba	Adopted by vote: (32 to 15 with 0 abstentions) South Africa voted in favour 20 September 2017
19	36/4	Mandate of the Independent Expert on the promotion of a democratic and equitable international order Led by: Cuba	Adopted by vote: (32 to 15 with 0 abstentions) South Africa voted in favour 20 September 2017
20	36/17	The question of the death penalty Benin, Belgium, Costa Rica, France, Mexico, Republic of Moldova, Mongolia, Switzerland	Adopted by vote: (27 to 13 with 7 abstentions) South Africa voted in favour 21 September 2017
21	36/19	Renewal of the mandate of the commission of inquiry on Burundi Led by: Estonia (on behalf of the European Union)	Adopted by vote: (22 to 11 with 14 abstentions) South Africa voted against 21 September 2017
22	36/9	The right to development Led by: Venezuela (on behalf of the Non-Aligned Movement)	Adopted by vote: (31 to 11 with 4 abstentions) South Africa voted in favour 21 September 2017
23	36/10	Human rights and unilateral coercive measures Led by: Venezuela (on behalf of the Non-Aligned Movement)	Adopted by vote: (30 to 15 with 1 abstention) South Africa voted in favour 21 September 2017
24	36/24	From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance Led by: Tunisia (on behalf of the Group of African States)	Adopted by vote: (32 to 5 with 10 abstentions) South Africa voted in favour 26 September 2017
25	36/20	The human rights situation in the Syrian Arab Republic Led by: France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America	Adopted by vote: (27 to 7 with 13 abstentions) South Africa abstained 21 September 2017
26	36/21	Cooperation with the United Nations, its representatives and mechanisms in the field of human rights Led by: Fiji, Ghana, Hungary, Ireland, Uruguay	Adopted by vote: (28 to 0 with 19 abstentions) South Africa Abstained 26 September 2017
27	36/22	Promotion and protection of the human rights of peasants and other people working in rural areas Led by: Bolivia (Plurinational State of), Cuba, Ecuador, South Africa	Adopted by vote: (34 to 2 with 11 abstentions) South Africa voted in favour 21 September 2017
28	36/33	Technical assistance and capacity building to improve the situation of human rights in Burundi Led by: Tunisia (on behalf of the Group of African States)	Adopted by vote: (23 to 14 with 9 abstentions) South Africa voted in favour 22 September 2017
29	36/30	Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo Led by: Tunisia (on behalf of the Group of African States)	Adopted by vote: (45 to 1 with 1 abstention) South Africa voted in favour 26 September 2017
30	35/3	Human rights and international solidarity Led by: Cuba	Adopted by vote: (32 to 15 with 0 abstention) South Africa voted in favour 14 June 2017
31	35/4	Promotion of the right to peace Led by: Cuba	Adopted by vote: (32 to 11 with 4 abstentions) South Africa voted in favour 14 June 2017
32	35/26	The human rights situation in the Syrian Arab Republic Led by: France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America	Adopted by vote: (27 to 8 with 12 abstentions) South Africa Abstained 15 June 2017
33	35/31	Cooperation with and assistance to Ukraine in the field of human rights Led by: Ukraine	Adopted by vote: (22 to 6 with 19 Abstentions) South Africa Abstained 15 June 2017
34	35/8	Enhancement of international cooperation in the field of human rights Led by: Venezuela (on behalf of the Non-Aligned Movement)	Adopted by vote: (32 to 3 with 12 abstentions) South Africa voted in favour 15 June 2017
35	35/27	Situation of human rights in Belarus Led by: Malta (on behalf of the European Union)	Adopted by vote: (18 to 8 with 21 abstentions) South Africa Abstained 15 June 2017
36	35/9	Protection of the family: role of the family in supporting the protection and promotion of human rights of older persons Led by: Bangladesh, Belarus, China, Côte d’Ivoire, Egypt (on behalf of the Group of Arab States), El Salvador, Mauritania, Morocco, Qatar, Russian Federation, Saudi Arabia, Tunisia	Adopted by vote: (30 to 12 with 5 abstentions) South Africa voted in favour 15 June 2017
37	35/21	The contribution of development to the enjoyment of all human rights Led by: China	Adopted by vote: (30 to 13 with 3) South Africa voted in favour 20 June 2017
38	34/3	Mandate of the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights Led by: Cuba	Adopted by vote (31 to 16 with 0 abstention) South Africa voted in favour 15 March 2017
39	34/8	Effects of terrorism on the enjoyment of all human rights Led by: Algeria, Egypt, Jordan, Morocco, Saudi Arabia	Adopted by vote: (28 to 15 with 4 abstentions) South Africa voted Against 16 March 2017
40	34/27	Human rights in the occupied Syrian Golan Led by: Pakistan (on behalf of the OIC)	Adopted by vote: (26 to 3 with 18 abstentions) South Africa voted in favour 16 March 2017
41	34/37	Cooperation with Georgia Led by: Georgia	Adopted by vote: (18 to 5 with 24) South Africa Abstained 16 March 2017
42	34/13	Human rights and unilateral coercive measures Led by: Venezuela (Bolivarian Republic of) (on behalf of the NAM)	Adopted by vote: (32 to 14 with 0 abstention) South Africa voted in favour 16 March 2017
43	34/11	The negative impact of the non-repatriation of funds of illicit origin to the countries of origin on the enjoyment of human rights, and the importance of improving international cooperation Led by: Egypt, Libya, Tunisia (on behalf of the Group of African States)	Adopted by vote: (30 to 1 with 16 abstentions) South Africa in favour 21 March 2017
44	34/23	Situation of human rights in the Islamic Republic of Iran Led by: Republic of Moldova, Sweden, the former Yugoslav Republic of Macedonia, United States of America	Adopted by vote: (22 to 12 with 13 abstentions) South Africa Abstained 16 March 2017
45	34/12	The right to food Led by: Cuba	Adopted by vote: (45 to 1 with 1 abstention) South Africa voted in favour 16 March 2017
46	34/34	Mandate of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action Led by: Tunisia (on behalf of Africa Group)	Adopted by vote: (46 to 1 with 0 abstention) South Africa voted in favour 21 March 2017
47	34/36	Elaboration of complementary standards to the International Convention on the Elimination of All Forms of Racial Discrimination Led by: Tunisia (on behalf of the African Group)	Adopted by vote: (31 to 4 with 12 abstentions) South Africa voted in favour 21 March 2017
48	34/27	The human rights situation in the Syrian Arab Republic Led by: France, Germany, Italy, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Turkey, United Kingdom of Great Britain and Northern Ireland, United States of America	Adopted by vote: (27 to 7 with 13 abstentions) South Africa Abstained 17 March 2017
49	34/28	Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem Led by: Pakistan (on behalf of the OIC), State of Palestine	Adopted by vote: (30 to 2 with 15 abstentions) South Africa voted in favour 17 March 2017
50	34/29	Right of the Palestinian people to self-determination Led by: Pakistan (on behalf of the OIC), State of Palestine	Adopted by vote: (43 to 2 with 2 abstentions) South Africa voted in favour 17 March 2017

Reply:

(1)(a)(i) In 2015/2016, a total of 8 577 vehicles were involved in accidents.
In 2016/2017, a total of 6 754 vehicles were involved in accidents.

In 2017/2018, a total of 6 854 vehicles were involved in accidents.

(1)(a)(ii) From 1 April to 31 May 2018, a total of 1 105 vehicles were involved in accidents.

(1)(b) In 2015/2016, the total cost for repairs, was R119 403 011,49.
In 2016/2017, the total cost for repairs, was R149 467 834,17.

In 2017/2018, the total cost for repairs, was R110 602 545,97.

From 1 April to 31 May 2018, the total cost for repairs, was R5 170 628,01.

(1}(c)(i)(ii} Jn 2015/2016, a total of 1 126 vehicles, were written off.
In 2016/2017, a total of 1 354 vehicles, were written off.

In 2017/2018, a total of 1 352 vehicles, were written off.

From 1 April to 31 May 2018, a total of 126 vehicles, were written off.
The vehicles were written off, due to uneconomical costs and irreparable damages.


(2) No, as at 31 May 2018, 42 132 (88,25%) vehicles, out of a total of 47 740 vehicles, were fitted with AVL (Automatic Vehicle Location) tracking devices.

Reply to question 2028 recommended


LIEUTENANT GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KL SITOLE (SOEG)
Date: 2018/06/19

Reply to question 2028 approved/not approved

MINISTER OF POLICE
BH CELE, MP
Date: 23/06/2018

Reply:

(a) (aa) My department advised me that it referred one case to the South African Police Service and none to the Directorate for Priority Crime Investigation (DPCI).

(bb) None.

(b) (i) & (ii) The case referred to in (aa) above was investigated by SAPS. The Prosecuting Authority declined to prosecute.

 

Reply:

(1)(a) As per the table below:

Year	Judicial Reviews
2013	746
2014	522
2015	1282
2016	887
2017	1128
2018	723
Total	5288

(1)(b) All these judicial review applications were opposed.

(1)(c) The Department does not have a litigation case management system in terms of which matters that were won or lost in court are recorded. The only system that is currently in use is a basic system that merely records new court matters.

2. There are no directives given to or policies adopted by the State Attorney and/or Refugee Reception Offices to oppose or reject every application for the review of asylum, all applications or applications from specific countries.

Reply:

Section 10 (4) and 13 (2) of Refugee Act 130 of 1998 states that one member of SCRA as well as RAB must be legally qualified to serve on the board. The Department of Home Affairs (DHA) however requires that a member of SCRA as well as RAB should have LLB/Legal degree or equivalent qualification with three years of experience in Legal or Immigration Field relevant to Asylum Seeker Management Environment.

Section 8 (3) of Refugee Act 130 of 1198 requires that the DG should ensure that Refugee Reception Officers (RRO) and Refugee Status Determination Officers (RSDO) appointed under this section receives the additional training necessary to enable them to perform their functions properly.

The Learning Academy annually plans and provides Asylum Seeker Management related training to RROs and RSDOs. This training is offered mainly through NQF 5 qualification (National Certificate: Home Affairs Services) registered with the South African Qualifications Authority (SAQA). Some of the Unit Standards offered within this qualification are Adjudicate a claim for Refugee Status, Refugee Affairs, Human Rights and Counter Xenophobia. The Learning Academy further provides additional relevant training outside the National Certificate: Home Affairs such as systems training (NIIS), Case Management System, Performance Management, Diversity (LGBTI), Automated Booking Terminal System and DHA 1590 Application Forms (New Application Forms).

The Learning Academy has planned four training and development interventions (Refugee Law, Country of Origin Research, Counter Xenophobia and Social Cohesion and Foreign Languages) during the financial year 2018/2019 to capacitate RROs and RSDOs. The Learning Academy consults regularly with SCRA on training related matters as depicted in section 8 (3) and 39 of the Refugees Act, 1998.

The Learning Academy has provided training to SCRA and RAB administrative staff in the past. SCRA and RAB board members fall outside the scope of the DHA as they are appointed according to Refugee Act 130 of 1998 and not the Public Service Act. They are also expected to function without any bias and maintain their independence at all times as specified in section 9 (2) and 12 (3) of the Refugees Act, 1998.

Reply:

(a) The information is as follows:

Year	(aa) Asylum Seeker	(bb) Refugee Status
2013	630	712
2014	399	523
2015	1089	1021
2016	435	792
2017	238	1115
2018	14	758
Total	2805	4921

Total litigation instituted by asylum seekers and refugees to date is 7726.

(b) The Department does not have a litigation case management system in terms of which matters that were won or lost in court are recorded. The only system that is currently in use is a basic system that merely records new court matters. However, litigation brought against the Department by asylum seekers is essentially contextualised as follows:-

New Asylum Seekers

1. These are illegal foreigners detained at Lindela Repatriation Centre (“Lindela”) or Police Stations, seeking urgent court orders to be released from detention on the basis that they are new asylum seekers who wish to be afforded the opportunity to apply for asylum.

2. The Department does not seek to oppose such applications and simply consent to court orders releasing these applicants. These court orders invariably carry cost orders. However, in most such cases, courts do not award costs to the applicants and simply order their release in order to allow them to apply for asylum. This is in line with the Supreme Court of Appeal judgment of BULA and Others / Minister of Home Affairs and Others in which the court held that once the intention to apply for asylum is indicated, an asylum seeker is entitled to protective provision by the Republic of South Africa under International Law.

3. These court applications are more often than not settled in both parties favour in that asylum seekers (the applicants) are released from detention and afforded the opportunity to apply for asylum and no costs orders are made against the Department.

Asylum Seeker Appeals to the Refugee Appeals Board (“RAB”).

1. These are asylum seekers whose applications have been rejected by the Refugee Status Determination Officer (“RSDO”) on the grounds that their applications are unfounded. Such asylum seekers may appeal the RSDO’s decision to the RAB.

2. During the period 2013 – 2016, the RAB experienced capacity challenges which led to a huge backlog in finalising the appeals. This resulted in huge amounts of litigation in terms of which asylum seekers whose applications were pending before the RAB would launch court applications compelling the RAB to either furnish them with interview dates and/or finalise their decisions.

3. Because of the nature of this litigation, the Department and/or RAB had no legal grounds to oppose them and as a consequence, there were costs orders occasioned by these applications.

4. However, since having addressed the capacity constraints at the RAB, this nature of litigation has ceased.

 

Failed Asylum Seekers

1. These are those asylum seekers/applicants whose applications have either been rejected by the Standing Committee on Refugee Affairs (“SCRA”) or the RAB.

2. The rejection by the SCRA or the RAB renders such asylum seekers illegal foreigners in the Republic and therefore liable for arrest and detention for the purposes of deportation.

3. Upon arrest, failed asylum seekers approach the courts to seek orders to review and set aside the rejections. Such applications are normally brought in two parts, namely Part A and Part B. In Part A, the applicants seek orders to be released from detention pending finalisation of Part B. In Part B, the applicants seek orders to review and set aside the decision of the SCRA or the RAB.

4. Ordinarily, in Part A of the application, there are no orders as to costs. However, in Part B, parties incur costs. Part B is seldom set down for hearing as the intention of the failed asylum seeker is never to prosecute the review, but rather to secure an indefinite stay in the Republic. Costs in these review applications are also reserved pending the finalisation of these review applications.

The nature of litigation instituted by refugees against the Department is mainly two-fold:-

1.Certification in terms of Section 27(c) of the Refugees Act

These applications are meant to compel the SCRA to recognise the applicants as indefinite refugees.

2. Refugees Identity and Travel Documents

These applications are meant to compel the Department to issue refugees with South African Refugee Identity Documents (“refugee IDs”) and/or Travel Documents.

Ordinarily, the Department does not oppose these applications, as there are no legal grounds to oppose them. The applicants merely seek orders to compel the Department to finalise their applications for refugee IDs and/or Travel Documents. In such matters, costs are confined to the issuing of High Court applications only.

(c) The Department is not in a position to furnish information on legal costs, as such information is not readily available to the Department. Settlement of legal costs against the State remains the responsibility of the State Attorneys who, in normal circumstances, are attorneys of record for the State.

As can be noted, legal costs occasioned by litigation arising out of asylum seekers and refugees is largely as a result of applications brought to compel the Department to issue refugee IDs and/or travel documents, or to make decisions on applications submitted in terms of section 27(c) of the Refugees Act.