Questions and Replies

Reply:

In terms of the Request for Proposals (RFP) for coal IPPs, the preferred bidders bid the following in terms of job creation:

	Project 1	Project 2	Total
Jobs during Construction (person years)*	7 943	2 377	10 320
Jobs during Operations (person years)	10 678	4 626	15 304
Total jobs in person years	18 621	7 003	25 624

*(Person years: 1 job = 12 person-months and 1 person-month = 160 working hours)

The quantification of job creation is calculated in terms of the above formula stipulated in the RFP. If one were to assume the Construction period to be 4 years with the Operations period being 30 years, the total direct jobs during Construction would be equivalent to having approximately 2 580 people working for 4 years during Construction and approximately 510 people working for 30 years during Operations. However, since jobs are provided in job years as per the RFP, the figures are likely to be understated given workers who are employed for less than one year, especially during the construction phase.

Furthermore, these job numbers directly associated with the coal IPP plants do not include the indirect jobs created as a result of the new mine which one of the Projects will be dependent on as well as the jobs created in relation to the discard coal supply which the other Project will be utilising. The job numbers further exclude indirect job creation in respect of factors such as manufacturing and limestone supply.

Approved / Not Approved Mr J T Radebe, MP Minister of Energy Date:

Reply:

There is no one comprehensive document that addresses all the elements mentioned in this question. However, almost all of them are addressed in the following documents: National Norms and Standards for Social Infrastructure Delivery; Blue Print on Office Accommodation for Social Workers; Gazetted Public Works Space Norms; Integrated Social Services Delivery Model; Social Work Indaba Action Plan 2017 etc.

________________________

Approved by the Minister on

Date…………………………….

Reply:

Projects are not evaluated on the directorship of participating companies but rather on the shareholding of each project company to ensure that the bid criteria in respect of South African Entity and Black ownership participation are met. Thus the persons (names furnished) were not required to declare directorship.

All bidders are bound by rules against collusion which may result in disqualification. The commonality in directorship in the specified project companies refer to a group of companies with the same shareholding structure. Thus, collusion with another bidding group or developer is not relevant. The individual bids by the named project companies competed with multiple other bids in respect of the unique offering of each underlying project, in terms of a combination of factors that inform their pricing, for example location, size of plant and technology.

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

.

Reply:

All the SMS members have declared their financial interest for the year 2017/ 2018 as required by the Public Service Regulations, except for three (3) SMS officials (a) this was an oversight from the officials who missed the concession deadline of 31 May 2018 (b) Three (3) officials did not declare their financial interest (c) the names of officials who missed the concession deadline are (i) Mr LF Aphane, Mr P Musekwa and Mr L Phakati and their ranks are (ii) DDG: Energy Planning and Policy, Director and Parliamentary Officer;

The process is currently underway wherein non-complaint SMS members will be issued with written warnings for failure to declare their interests by the due date;

There are currently (a) Two (2) officials that are suspended on full salary both the employees are on post level 15 and (b) employee one was suspended on 19 May 2017 which is a total of 396 days; employee two was suspended on 27 July 2017 which is a total of 327 days.

The total amount of cost attached to the days of service lost as a result of the suspensions is (a) the first official’s total amount of cost attached to the days of service lost as a result of suspension on full pay is R1 453 379.62, the second official’s total amount of cost attached to the days of service lost as a result of suspension on full pay is R1 234 357.92

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

Reply:

(1)(a) The first phase of the Madibeng Water Purification Plant is projected to be completed by 31 March 2019 provided that an additional R100 million is made available in the current financial year for electrical and mechanical works of the plant.

(1)(b) The estimated cost for completion of the first phase of the Madibeng Water Purification Plant is R528 million.

(2)(a) The construction of additional 20 megalitres (second module) will commence in the financial year 2022/23.

(2)(b)(i) The construction is projected to be completed by the end of 2025/26 financial year.

(2)(b)(ii) The estimated cost of R701 million for the second module of 20 megalitres of the specified plant.

(3) There are no plans to build additional reservoirs in Madibeng; there are currently enough existing reservoirs in Letlhabile, Sonop, Maboloka, Mothutlung, Ouskral, Madidi, Mmakau, Jericho, and Majakaneng.

(3)(a) Falls away.

(3)(b) Falls away.

(3)(c) Falls away.

(4) Yes, construction of new pipelines to carry water to existing reservoirs is projected to commence in 2019/20 financial year.

(5) The pipeline from the pump station at the Crocodile River to the plant to be completed by the end of 2018/19 financial year.

---00O00---

Reply:

I appreciate this question from the Honourable Member, as it has brought to my attention a crucial matter regarding the payment of rental costs for Ministerial houses. The officials of the Department of Public Works are currently in the process of verifying the debt owed to the Department with the relevant Ministries. Thus, it would be premature of me to release unverified figures at this stage.

Nevertheless, what is apparent is that there may have been a systemic lapse in terms of the collection of rent from Members of the National Executive, because some amounts are beyond what would be regarded as normal debt (i.e. under 3 months of rental owed).

To this effect I have asked the Departmental officials to reconcile the debt and verify all the amounts owed to the Department of Public Works in respect of Ministerial houses. I have also sought assurance that measures have been undertaken to ensure that rent for Ministerial houses is collected on a monthly basis from all the Ministers and Deputy Ministers who are supposed to be paying that rent.

I can assure the Honourable Member that the Members of the Executive are fully committed to paying their rental costs. What we must ensure is that we address the systemic gap that has caused the debt to escalate for certain Ministerial houses.

Reply:

In 2015, Mr T W Nxesi, MP, as the Minister of Public Works and accompanied by his spouse, Mrs Nombulelo Nxesi, undertook an international trip from 27 to 31 March 2015 to Singapore to represent the Government and the President of the Republic of South Africa at the State funeral of Singapore’s founding Prime Minister, the late Mr Lee Kuan Yew. The cost with respect to the spouse as the accompanying person was R145 810.60. The trip was approved by the President of the Republic in terms of the provisions of Section 1, Annexure A, of the Ministerial Handbook.

In 2015, the Minister was accompanied by Mrs Nxesi on an official trip to Cuba from 13 to 20 December 2015 in preparation for the recruitment of Cuban Technical Advisors to the country, for purposes of skills transfer and capacity development to the benefit of the Department of Public Works. The cost in respect of the accompanying person was R112 561.42. The trip was approved by the President of the Republic in terms of the provisions of Section 1, Annexure A, of the Ministerial Handbook.

In 2017, the then Minister of Public Works, Mr N Nhleko, was accompanied by his spouse, Dr Yvonne Nomcebo Mthembu, to China, from 22 to 31 August 2017. The purpose of the trip was to attend the Ministerial Workshop on China’s developmental experience for developing countries. The cost in respect of the accompanying person was R119 307.14. The trip was approved by the President of the Republic in terms of the provisions of Section 1, Annexure A, of the Ministerial Handbook.

In 2017 the former Minister of Public Works was accompanied by his spouse, Dr Mthembu, to France on 6 - 12 July 2017, in order to attend the 101st Commemoration of the Battle of Delvillewood. The cost in respect of the accompanying person for the trip was R71, 830.14. The trip was approved by the President of the Republic in terms of the provisions of Section 1, Annexure A, of the Ministerial Handbook.

_________________________________________________________________________

Reply:

DPE RESPONSE

The Department is unable to respond to this question as the information required relates to contracts awarded by Hernic Ferrochrome which is a private company.

Responses are based on information received from the respective SOCs stated below:

ALEXKOR SOC LIMITED

Alexkor is not in a position to comment on Hernic Ferrochrome business and would like to refer the question directly to Hernic Ferrochrome.

DENEL SOC LIMITED

Based on the information made available to Chairperson Hlahla, Denel has never concluded any empowerment deal in 2007 with a company called Hernic Ferrochrome that involved a person called Colin Matjila’s Matlapeng Resources.

ESKOM SOC LIMITED

Eskom is not aware of a company called Henric, however we will respond regarding a company called Hernic Ferrochrome (Hernic).

Hernic is one of Eskom’s Key Industrial Customer since 1996, and subsequently participated in Eskom’s Demand Response (DR) programme where customers are incentivised by reducing their own power consumption on request from Eskom.

Although Eskom is not privy to the details regarding an empowerment deal in 2007, Eskom is aware that Matlapeng Resources and Matlapeng Chrome had a shareholding at Hernic Ferrochrome during Eskom financial years 2014 and 2015. Eskom is also aware that Collin Matjila was a Director at Matlapeng Chrome and a Non- Executive Director at Hernic Ferrochrome, during financial years 2013, 2014 and 2015.

Eskom’s records do not indicate any direct dealings with Matlapeng Resources.

SAFCOL SOC LIMITED

According to SAFCOL’s records, they have not concluded an empowerment deal with the company namely Hernic Ferrochrome nor with the person namely Colin Matjila’s Matlapeng Resources.

 

SAX SOC LIMITED

SA Express is not aware of any deal concluded with the said company or person.

TRANSET SOC LIMITED

Transnet is not aware of any empowerment deal that Hernic Ferrochrome and Colin Matjila Matlapeng Resources were involved in, in 2007.

Reply:

Eskom is not closing its own coal plants early as a result of offtake requirements of the coal IPPs. Eskom’s policy on the decommissioning of its fleet is informed by an optimal balance of cost efficiencies, reduced capacity and carbon emission considerations. Eskom’s planned decommissioning of the Arnot, Camden, Grootvlei, Hendrina, Komati coal-fired power stations was already projected in the Integrated Resource Plan (IRP) 2010 which indicated that the decommissioned capacity would be replaced by approximately 8 800MW new Coal Generation capacity through Kusile and Medupi. The efficiency of Eskom’s older coal-fired power plants have deteriorated rapidly and these plants cost substantially more to operate, resulting in a spill-over into tariff increases.

Standard impact mitigation measures at a local and regional level can be planned on the basis of Paris Agreement and OECD just transition principles which are largely based on the International Labour Organisation (ILO) just transition guidelines.

Government’s energy policy is, among others, premised on a balanced energy mix recognizing our country’s natural endowment of energy carriers, including coal., Government’s policy also supports techno-economic solutions for power production from environmentally hazardous discard coal stock-piled over years above ground. Notably, one such solution is presented by one of the coal IPP projects as a first of kind in South Africa.

Government’s policy position to reduce carbon emissions as well as continue with the new build coal plants, contained in its 2015 submitted Nationally Determined Contributions, remains unchanged.

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

Reply:

Yes.

Medico-legal Workshop

A Medico-legal Workshop was held in Pretoria on the 13th January 2015 to look at medico-legal claims. The workshop looked at the following issues:

• Patient safety;
• The impact of medico-legal litigation on the recruitment of specialists and on access to care in South Africa;
• Management of claims; and
• Ensuring access to justice for patients harmed.

This workshop culminated in the Medico-Legal Summit which was held on 09 -10 March 2015.

Medico-legal Summit

The Medico-Legal Summit was attended by various stakeholders which included medical and legal personnel (public and private sectors); private and public health establishments (hospitals) and the World Health Organisation among others. The Medico-Legal Summit came up with the Medico-Legal Declaration. The Declaration recommended interventions in 3 areas namely: medical (patient safety), administration and legal solutions.

1. Medical Solution (Patient Safety) - This is aimed at reducing the incidences of the negligence, medical malpractice or unethical behaviour and adverse events amongst others.

2. Administrative Solution - This strives to ensure proper record keeping that will minimize the loss or theft of medical records and proper communication with patients and members of the public.

3. Legal Solution - This looks at various legal interventions including but not limited to mediation; contingency fees; the common law rule of “once and for all”; the periodic or staggered payment instead of a lump sum payment.

Medical Solution (Patient Safety)

In implementing the Medical solution (Patient Safety), the following interventions are being implemented:

(a) Ensuring that there is a Patient Experience of Care;

(b) Ensuring that there is Patient Safety Incident and Reporting, Complaints and Compliments Guidelines;

(c) The Office of Health Standards Compliance and the Health Ombud are also critical role players on the compliance with norms and standards for the provision of health services in South Africa;

(d) Ensuring that there are also Committees on Confidential Enquiries into Maternal, Neonatal and Under 5 Deaths; and

Administration

In implementing the Administrative solution, the Department has started with the following interventions:

(a) Improvement of Filing and record systems (from manual record keeping to electronic filling and record keeping);

(b) Patient Record Management;

(c) Patient Registers; and

(d) Health Patient Registration System.

Legal

In implementing the Legal solution, the Department with the assistance of Department of Justice and Constitutional Development is currently busy with the following interventions:

(a) The South African Law Reform Commission (SALRC) under Project 141 – Medico-Legal Claims has undertaken an investigation on various interventions such as mediation; contingency fees; the common law rule of “once and for all”; the periodic or staggered payment instead of a lump sum payment among others. These investigations will lead to legislative reform. In this regard, the SALRC had issued the Issue paper calling for public comments. The closing date was 30 September 2017.

(b) The Department of Justice and Constitutional Development is also introducing the State Liability Amendment Bill, 2018 to introduce periodic or staggered payment of claims instead of a lump sum payment. The State Liability Amendment Bill, 2018 is to provide for the periodic payments instead of lump sum as it is currently and the treatment of Medico-Legal claimants to be provided for in the public sector facilities (Hospitals), free of charge.

The National Health Council (“MinMEC”) passed a resolution to standardize the patient admission forms across Provinces to also include language that allow for mediation as the first compulsory step for resolution of Medico-Legal disputes. This is done with the assistance of the Department of Justice and Constitutional Development (Judge Cassim Sardiwalla and the State Attorney).

END.

Reply:

There is no direct or indirect spend by Government or relevant entities exclusively attributable to the Electricity Regulation Act, 2006, Section 34 sanctioned Renewable Energy Independent Power Producer Programme (REIPPPP). Regulation 10 of the New Generation Regulations enable Eskom, as the single buyer, to recover all costs in respect of the Section 34 Ministerial Determinations and includes payments for the purchase of electricity from Independent Power Producers (IPP) in terms of a power purchase agreement. Eskom only pays for actual electricity evacuated into the grid at a predetermined fixed price that can only escalate by CPI annually.

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

Reply:

The official is on suspension. He was suspended on 08 June 2018, the disciplinary hearing is scheduled for 28-29 June 2018.

Reply:

(A) The development fee of the Baseload Coal Independent Power Producers Procurement Programme has been set in the Request for Proposals (RFP) (December 2015) at 1.75% of the Total Project Value. The development fee is utilised as a cost recovery mechanism for costs incurred in the design, development, procurement and implementation over a 30-year contract term. The exact Rand value of the Development Fee can only be calculated once all the preferred bidders have reached Financial Close.

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

Reply:

(1) (a) There are 50 538 doctors (Medical and dental) on the HPCSA register.

(b) (i) The following table reflects the details in this regard.

Province	No. of Doctors in Province
Eastern Cape	3494
Free State	2102
Gauteng	18062
KwaZulu Natal	8747
Limpopo	1976
Mpumalanga	2001
North West	1614
Northern Cape	775
Western Cape	11765
TOTAL	50538

(ii) The HPCSA does not keep a register/record of practitioners leaving the country to practice elsewhere.

(2) (a) Total number of doctors facing disciplinary hearing are as follows:

• Preliminary- 1523
• Professional Conduct – 418

PRELIMINARY

TYPE OF OFFENCE	MEDICAL AND DENTAL
Unethical Advertising	2
Incompetence	607
Over servicing	13
Breach of confidentiality	20
Damaging Professional Reputation of Colleague	12
Insufficient Care/Treatment & Mismanagement of Patients	263
Negligence	2
Unacceptable/Inappropriate Relationship with Patients	25
Refusing to treat patients	53
Misdiagnosis	0
Practicing Outside Scope of competence	0
Fraudulent Certificates/Incorrect Information on Death Certificates	95
Refusing to complete forms / producing inaccurate reports	74
Overcharging / charging for Services not Rendered	56
Issues relating to Consent	23
Fraud and theft	77
Bringing the Professions into disrepute	25
Employing unregistered practitioners	0
Unethical dispensing, using of unregistered medicine and prescribing of drugs	5
Contempt of Council	0
Supersession / Contravening the Hazardous Substances Act, 1973	37
Incorrect Accounts	49
Bad Communication	27
Touting	5
Expose patients to danger	40
Section 51	2
Practicing without registration	11
TOTAL	1523

 

PROFESSIONAL CONDUCT CASES FOR PROSECUTION

TYPE OF OFFENCE	MEDICAL AND DENTAL
Unethical Advertising	4
Incompetence	51
Breach of confidentiality	1
Insufficient Care/Treatment & Mismanagement of Patients	58
Negligence	98
Unacceptable/Inappropriate Relationship with Patients	18
Refusing to treat patients	4
Misdiagnosis	4
Practicing Outside Scope of competence	14
Fraudulent Certificates/Incorrect Information on Death Certificates	16
Refusing to complete forms / producing inaccurate reports	6
Overcharging / charging for Services not Rendered	40
Issues relating to Consent	14
Fraud and theft	52
Bringing the Professions into disrepute	7
Employing unregistered practitioners	6
Unethical dispensing, using of unregistered medicine and prescribing of drugs	2
Contempt of Council	15
Practicing without registration	8
TOTAL	418

(b) This is a matter for South African Police Services

END.

Reply:

Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) projects are procured and contracted pursuant to Ministerial Determinations issued by the Minister of Energy, in consultation with the National Energy Regulator of South Africa (NERSA) in terms of Section 34 of the Electricity Regulation Act, No 4 of 2006. Considerations include issues of carbon emission reduction commitments, new technology uncertainties such as costs, operability and lead time to build, water usage, localisation and job creation as well as regional development and integration and security of supply.

Each Independent Power Producer (IPP) participating in the tender process is responsible to undertaking a feasibility of its own project before bid submission to ensure the bankability of the project. At bid submission the IPPs have to comply with various qualification criteria which can only be complied with if they did undertake feasibility studies.

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

Reply:

This response is according to information received from Transnet:

(a) The 12 Employees who were dismissed were charged with insubordination, underwent formal disciplinary process, were found guilty and dismissed. At no point were victimization and racism cited during their disciplinary process. The matter followed proper employment law processes and has even been referred to the labour court.

(b) There is currently no suggestion that the employees were unfairly dismissed and at all appeal processed outside the Company, the Company decision has been upheld.

(c) At all material times, the employees have appealed for re-employment but at no time have they ever raised allegations of victimization or racial abuse as reason for dismissal.

Reply:

Eskom is not required to produce less electricity as a consequence of Independent Power Producers. Eskom’s policy on the decommissioning of its fleet is informed by an optimal balance of cost efficiencies, reduced capacity and carbon emission considerations. Eskom’s planned decommissioning of the Arnot, Camden, Grootvlei, Hendrina, Komati coal-fired power stations was already projected in the Integrated Resource Plan (IRP) 2010 which indicated that the decommissioned capacity would be replaced by approximately 8 800MW new Coal Generation capacity through Kusile and Medupi. The Wind and Solar Photovoltaic technologies introduced through the renewable energy programme do not displace coal-fired power stations as these technologies do not provide base load capacity.

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

Reply:

I wish to inform the Member that it is not part of the mandate of the Department of Energy to build power stations such as Medupi and Kusile.

Approved / Not Approved

Mr J T Radebe, MP

Minister of Energy

Date:

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:

The Department of Planning, Monitoring and Evaluation (DPME) did not spend money for the OR Tambo campaign

		Approved	Not Approved	Approved as amended
		Comment:
Dr NC Dlamini-Zuma Minister in the Presidency: Planning Monitoring and Evaluation
Date:

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) 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:

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:

(a) (i) In the 2015/16 financial year, one vehicle was involved in a major accident and written off.

In the 2016/17 financial year, one vehicle was involved in a major accident and written off.

In the 2017/18 financial year, five vehicles were involved in minor accidents.

(ii) No accidents have been reported since 1 April 2018 to date.

(b) The table below shows the total repair costs for each of the five vehicles involved in minor accidents in the 2017/18 financial year.

Vehicle Make	Registration	Cost for Repairs
1. Toyota Condor	RYJ 186 GP	R 18 129.25
2. Toyota Corolla	FXN 411 EC	R 16 210. 00
3. BMW 335 GT	FF 18 RB GP	R 51 235.69
4. Mercedes Benz E 200	BB 36 GR GP	R 7 008.25
5. Toyota Corolla	BV 60 ZZ GP	R 4 111.82
Total	R 96 695.01

(c) (i) Two vehicles, i.e. VW Polo models with registration numbers DN 35 DP GP and DN 35 DL GP, were written off respectively in the 2015/16 and 2016/17 financial years.

(ii) The vehicles were damaged beyond repairs.

2. The Director-General has approved the installation of tracking devices, and the process is at the implementation phase.

Reply:

(1) The assessment by Military Psychological Institute (MPI) and the South African Air Force’s Directorate Management and Renewal Service (DM&RS) did not make its findings on an individual, however conducted an organisational diagnosis on the entire Division. The assessment’s findings were far reaching ranging from strategy and purpose, structure, rewards and recognitions, helping mechanism, relationships, leadership, and external environment.

(2) The following recommendations were recommended by the MPI intervention:

a. It was recommended that the CAE works with an executive coach of senior status.

b. A strategic planning session needs to be conducted, followed by the implementation of a supportive organisational structure and culture.

c. The CAE should operate in a more strategic and functional capacity and focus on intern development, project output and quality control.

d. Staffing of critical positions to avoid staff burnout.

e. The appointment of Divisional Chief of Staff to act as a link between the Divisional Head and staff members.

f. All members (including the CAE and her management team) should be given the opportunity to see a clinical psychologist to debrief.

(3) Yes, one of the recommendations was that the CAE works with an executive coach.

(a) Prof Frans Cilliers, Phd, an Industrial & Organisational Psychologist from the University of South Africa was appointed as an executive coach.

(b) The executive coach gave a report on his coaching task.

(c) The Department is still processing the report of the executive coach.

(4) The department is still processing the various intervention reports for recommendation of the way forward to the Minister of Defence and Military Veterans. The matter is therefore not yet concluded.

Reply:

(aa) According to information kept by the Forensic Audit Unit (FAU), the statistics being provided are from 2005 until 2018. However, only few records for the years 2005 – 2009 could be retrieved and provided. The statistics for the year 2007 and 2010 could not be retrieved at all.

The FAU then provided the statistics for the years 2011 – 2018 with the exception of those cases that were referred to the South African Police Service (SAPS) and those that were referred to the Directorate for Priority Crime Investigation (DPCI). All the statistics for the years 2005 - 2009 were largely stated as only being referred to the SAPS.

The presentation of the statistics was done in four categories to indicate (i) successful prosecution (ii) Withdrawn and closed by either the SAPS or DPCI (iii) Feedback not being provided by (in most cases the SAPS) despite several efforts trying to contact them and (iv) Investigation is still in progress and further update was never provided.

It must be noted that there has been and still is a problem as far as the communication between the SAPS and those directorates in the Department of Justice & Constitutional Development to obtain the feedback on all the matters/cases referred to the SAPS. It appeared to be a bit effective between the DPCI and the directorates of the Department to provide feedback on the matters/cases referred to the DPCI.

The table representing the statistics of the cases referred to either the SAPS or DPCI (or both) for the years 2005 until 2018 (excluding 2007 and 2010):

Financial Year	Number of cases reported to SAPS/DPCI	South African Police Service (SAPS)	Directorate for Priority Crime Investigation (DPCI)
2005	5	(i) Three (3) successful prosecution (ii) Two (2) feedback never provided	0
2006	6	(iii) Six (6) feedback never provided	0
2008	4	0	Four (4) closed by the commercial crime
2009	5	(i) One (1) successful prosecution (iii) Four (4) feedback never provided	0
2011	3	(iv) One (1) still being investigated	Two (2) further update was never provided.
2012	3	(i) One (1) successful prosecution (ii) One (1) withdrawn (iii) One (1) feedback never provided	0
2013	8	(i) One (1) successful prosecution (iv) Five (5) investigation still in progress	Two (2) investigation still in progress
2014	15	(i) Four (4) successful prosecution (ii) One (1) withdrawn (iii) Three (3) feedback never provided (iv) One (1) investigation still in progress	Two (2) successful prosecution Two (2)withdrawn Two (2) investigation still in progress
2015	27	(i) Three (3) successful prosecution (ii) Five (5) withdrawn (iii) Seven (7) feedback never provided (iv) Ten (10) investigation still in progress	Two (2) investigation still in progress
2016	13	(i) Four (4) successful prosecution (iii) Three (3) feedback never provided (iv) Six (6) investigation still in progress	0
2017	25	(i) One (1) successful prosecution (ii) Five (5) withdrawn (iii) Two (2) feedback never provided (iv) Seven (7) investigation still in progress	One (1) successful prosecution Three (3) withdrawn Six (6) investigation still in progress
2018	16	(i) One (1) successful prosecution (ii) Two (2) withdrawn (iv) Eleven (11) investigation still in progress	Two (2) investigation still in progress

The Honourable Member should kindly note that all the category of cases that are being reflected as “investigation still in progress” on the above table, is due to unavailability of case dockets in certain instances and also the fact that the key officers could not be located within the Law Enforcement Agencies. These cases are still kept open even though they are more than three (3) years old, due to the fact that the Law Enforcement Agencies are of the view that evidence may still come to light.

(bb) The entities reporting to me have reported as follows:

A. National Prosecuting Authority: Questions (a)(i); (ii); and (b)(i) are not applicable to the NPA.

(b)(ii) The table below indicates the number of cases investigated by the Integrity Management Unit within the NPA which were referred to diferrent Agencies within the Justice Cluster since 2012.

Agency	No. of cases
SAPS	12
SCCU	1
DPP offices	3
Hawks	4
ACTT	1
IPID	1
Magistrates Commission	1

The table below indicates the number of matters referred to the Labour Unit within the NPA involving officials for dishonesty/corruption, the number of officials dismissed as well as matters that were referred by the Unit to the SAPS since 2012.

Number of disciplinary actions	Number of Officials Dismissed	Number of matters referred to the SAPS
28	20	26

(b)(iii) The table below indicates the number of officials convicted from the various Departments within the Justice Cluster. The corruption was measured only since 2011 and no data is available to include before the 2011/2012 financial years.

Financial Year	Total Convicted DoJ&CD Cluster	DoJ&CD	JUDICIARY	LASA	NPA
2011/12	9	5	1	1	2
2012/13	18	16	0	0	2
2013/14	17	16	0	0	1
2014/15	11	8	0	0	3
Grand Total	55	45	1	1	8

Since the financial year 2015/16 the reporting template of the NPA was altered without differentiating between specific Departments. Apart from NPA, information pertaining to other Departments was not measured separately. The only information that is available consists of the number of officials from the NPA convicted of corruption since 2015/16 as indicated on the table below:

FINANCIAL YEAR	NPA
2015/16	0
2016/17	3
2017/18	4
Grand Total	7

B. Legal Aid South Africa: Legal Aid SA has not referred any cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, as amended to the (i) SA Police Service (SAPS) and (ii) Directorate for Priority Crime Investigation (DPCI) for further investigation since the Act was assented to.

C. Special Investigating Unit: The table below provides details of the SIU’s response:

ACHIEVEMENTS FROM INCEPTION TO DATE
	2005/6	2006/7	2007/8	2008/9	2009/10	2010/11	2011/12	2012/13	2013/14	2014/15	Total
Total Cases Referred	632	2 675	4 204	3 930	3 797	2 809	2 213	865	170	-	21 295
Convictions	355	2 215	3 625	3 605	3 345	2 477	2 258	855	-	-	18 735

Reply:

a) The report was received on 09 April 2018.

b) The report will be released as soon as the process of developing a policy response to key policy messages as contained in the report has been finalised. Such requires consultation with affected sector departments, provincial conservation authorities and relevant stakeholders. However, there is a special publication on the African Biodiversity and Conservation Journal (open access) titled “Contributions to the National Status Report on Biological Invasions in South Africa” consisting of various scientific papers that informed the development of the status report.

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Reply:

a) Only the University of Johannesburg submitted an approved plan and strategy for the phasing in of the minimum norms and standards by June 2016. The Department is developing a process to monitor compliance as part of its implementation of the new Macro Infrastructure Framework (MIF). Universities will be required to upload relevant policy documents, plans and reports on the MIF.

b) 14 Universities reported on their level of compliance with the norms and standards on student housing and 11 universities reported on their student housing target achievements but did not specify their compliance to the norms and standards on student housing. The University of South Africa was not required to report on student housing as it is a distance education institution.

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.

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Reply:

I am informed that the Economic Development Department and its entities: the IDC, ITAC, Competition Commission and Competition Tribunal, do not have sexual harassment cases reported during the 2016 and 2017 financial years.

-END-

Reply:

Department of Justice and Constitutional Development

1. (a) The total number of incidents of sexual harassment that have been reported in the Department of Justice and Constitutional Development, are as follows:

(i) In each of the past two financial years:

(aa) 2016/17                   :       Two (2) cases were reported; and

(bb) 2017/18                   :       Three (3) cases were reported.

(b) The details of each incident that took place are as follows:

(i) Regarding the two (2) cases reported in 2016/17: In one case, the incident involved negative sexual comments and in the second case, the incident involved gestures deemed as unwanted sexual advances.

(ii) Regarding the three (3) cases reported in 2017/2018: In one case, the incident involved negative sexual description of a female colleague, in the second case, the incident involved gestures deemed as unwanted sexual advances and the last case involved statements deemed sexually negative to a colleague.

2. Regarding the investigation and outcomes of each incident, I have been informed as follows:

(a) Regarding the two (2) cases which were reported in 2016/17 financial year, the two (2) cases were investigated and disciplinary hearings were conducted. In the one case, the employee was found guilty and a sanction of suspension without pay was imposed. In the other case, the matter was withdrawn by the Department as there was insufficient evidence.

(b) Regarding the three cases which were reported in 2017/18 financial year, the three (3) cases were investigated. Two cases were withdrawn, with a bilateral settlement relating to one case; the second matter was withdrawn by the Department as there was insufficient evidence and the last case is still pending finalization (not concluded).

(ii) The entities have reported as follows:

A. Legal Aid South Africa:

1. (a) Total number of sexual harassment incidents reported at Legal Aid SA is as follows:

(aa) 2016: zero (0) incidents reported to Human Resources (HR); and

(bb) 2017: one (1) incident reported to HR.

(b) The details regarding the one (1) incident reported in 2017/18 are that the incident involved gestures deemed as unwanted sexual advances.

(2) Regarding the investigation and outcomes of each incident, I have been informed as follows:

Regarding the one case which was reported in 2017/18 financial year, the grievance was thoroughly investigated. The outcome of the investigation confirmed the complaint and that there were sufficient grounds for a formal disciplinary hearing. The employee was afforded an opportunity to make representations as to why he should not be suspended, pending a disciplinary hearing. In response, the employee resigned with immediate effect from the employment of Legal Aid SA. This matter was thus closed internally.

B. National Prosecuting Authority:

1. (aa) 2016: One (1) incident of sexual harassment was reported. However, in paragraph (2) below, the NPA reported on an outcome made in 2016 of an incident that occured in a prior year (2014).

(bb) 2017: One (1) incident was reported.

2. In October 2016, an official from the Office for Witness Protection (OWP) was dismissed for sexual harassment.  While the incident took place in 2014 and was investigated and the disciplinary hearing commenced in 2015,  the appeal process was finalised in September 2016. 

Additional information for 2016:

Allegations of sexual harassment against a prosecutor were reported to Employee Relations in June 2016. The allegations were investigated and it was found that the prosecutor had a case to answer. Formal disciplinary action was recommended, however the NPA did not proceed with formal disciplinary action as the complainant formally withdrew the allegation of sexual harassment against the prosecutor on 7 October 2016. The NPA was informed by her attorney that the allegation has been formally withdrawn and a copy of the formal withdrawal of the allegation was sent to the NPA. The NPA responded to the complainant’s attorney on 14 October 2016 that in light of the formal withdrawal of the allegation against the prosecutor, the NPA will not proceed with disciplinary action against the official. 

 

2017:

The incident of sexual harassment in the Director of Public Prosecutions: Free State region was reported to Labour Relations in October 2017. The matter was investigated and it was found that a District Court Prosecutor made himself guilty of sexual harassment. The complainant reported the matter, however did not want to participate as a witness in a disciplinary hearing. Due to the fact that the complainant was unwilling to testify in the disciplinary hearing, progressive disciplinary action was taken against the offending official. He was served with a Final Written Warning on 31 January 2018. He appealed the Final Written Warning. The Appeal Authority dismissed the appeal  and the matter was finalised on 23 February 2018. 

 

C. Special Investigating Unit:

No incidents of sexual harassment were reported in the SIU in 2016 and 2017.

 

Office of the Chief Justice

1. (a) No incidents of Sexual Harassment were reported to the Human Resource office of the (i) Office of the Chief Justice, (ii) (aa) in 2016 and (bb) 2017.   

2. Not applicable.

 

Department of Correctional Services

3. (a) (i) (ii) (aa) (bb)

REGION

Incidents	2016/2017	2017/2018
Total number of cases reported	4	10
Total  number of cases concluded	1	6
Withdrawn	0	2

 

(1) (b)

2016/2017

REGION	INCIDENT	SUMMARY OF DETAILON EACH INCIDENT
Free State & Northern Cape	Sexual Harassment	(2016/2017) Nil
Eastern Cape (EC)	Sexual Harrassment East London Maximum	Alleged perpertrator sent a nude picture of an elderly couple by cell-phone to the Area Commissioner during working hours. Matter was investigated and the decision on 2016-11-14 was to charge the official with sexual harassment. The hearing was concluded on 2016.12.15 and he was sanctioned to suspension without pay for one month.
Kwa-Zulu Natal (KZN)	Sexual Harassment	Nil
Limpopo, Mpumalanga, Northern West (LMN)	Sexual Harassment Barberton	Two female officials alleged that the “ perpetrator” touched them inappropriately. One complainant withdrew the matter in 2017. The case was reported on 12 September 2016 and after two disciplinary sittings case was withdrawn on 28 April 2017. The other allegation was investigated and alleged perpetrator was acquitted in 2017.
Gauteng	Sexual Harassment	Nil
Western Cape	Sexual Harassment Southern Cape	An allegation of sexual harassment against an offender was reported. The investigation did not recommended a disciplinary hearing.

 

2017/2018

REGION	INCIDENT	SUMMARY OF DETAIL ON EACH INCIDENT
FC & NC	Sexual Harassment	The alleged perpetrator touched the private parts of an offender. The matter was investigated and the official was formally charge with misconduct. Disciplinary hearing is to follow
EC	Sexual Harassment	Nil
KZN	Sexual Harassment Durban Westville Medium A   Area Commissioner`s Office	The complainant submitted a statement withdrawing the matter formlly without prejudice. The matter was then regarded a finalized in April 2018   Complainant made an allegation of unwelcome verbal advances against the perpetrator in January 2018. Final written warning was recommended but alleged perpetrator refused to accept the sanction. The official will undergo a discipline hearing in June 2018
LMN	Sexual Harassment	The official (Social worker ) alleged that the alleged perpetrator touched her inappropriately. The matter has not been concluded yet. Mediation has nont been finalized.
Gauteng	Sexual Harassment	Nil
WC	Sexual Harassment   Drakenstein, Goodwood, South Cape	Three from Drakenstein. Breakdown as follows: One- unwelcome touch and two unwelcome remarks.   Goodwood: one unwelcome remarks, touch and lies about sexual life of the complainant.

 

4. Yes, all the incidents were investigated. Outcomes/ sanctions are depicted in the table below:

Incident	201/2017	2017/2018
Sanctions	1	5
Corrective Counselling	0	2
Final Written Warning	0	0
Suspension Without Salary	1	1
Dismissal	0	1
Acquittal	0	1
Other	3 (pending) Carried over to 2017	3 (pending) 2 disciplinary hearing and 1 mediation to be concluded

Reply:

1. (a) and (b)

The Parliamentary question should be answered by the Department of Water and Sanitation as it does not fall within the mandate of Environmental Affairs.

2. The Parliamentary question should be answered by the Department of Water and Sanitation as it does not fall within the mandate of Environmental Affairs.

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Reply:

a) Environmental Management Inspectors (EMIs) of the Department of Environmental Affairs investigates non-compliance with Regulations under the National Environmental Management: Biodiversity Act and the National Environmental Management: Protected Areas Act such as the Threatened or Protected Species Regulations (ToPS) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The department has not been informed of the neglect of Clivia plants by Customs officials at OR Tambo International Airport. Please note that only one Clivia species, namely Clivia mirabilis or "Oorlogskloof" Bush Lily is listed on ToPS as protected. If the plants which were neglected by Customs at OR Tambo International have been identified as Clivia mirabilis then the departmental EMIs can investigate what has transpired and why the plants were neglected.

b) As indicated above, the Department of Environmental Affairs is responsible for the regulation of restricted activities relating to species listed under, among others, ToPS and CITES. The South African Revenue Service (SARS) Customs and Excise is the only body which can clear goods being imported into the country. You will thus need to request SARS Customs and Excise to assist with (i) clearance procedures for these Clivia plants and to ensure that (ii) due diligence is practised to ensure their well-being when these plants are being held in the Customs area.

c) It is not possible for the department to give any assurance to breeders attending the International Conference of Clivia Breeders taking place in South Africa in September 2018, that their Clivia plants will be treated with the necessary care by Customs. This request needs to be made to SARS Customs and the Department of Finance.

d) Similarly, the question would need to be referred to SARS Customs and the Department of Finance in relation to any recourse that plant breeders may have if an entire consignment is lost due to neglect at Customs.

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Reply:

1. The provisions of the National Road Traffic Act, 1996 or the Administrative Adjudication of Road Traffic Offences Act, 1998, do not give any local government the authority for external service providers to forward fines and notices on their behalf.

(3) The National Road Traffic Act, 1996 provides for the appointment of a proxy that must deal with the affairs of the motor vehicle owner particularly in a case where the owner is not a natural person.

(4) There is no need for an action against service providers since there seem to be no transgression of the National Road Traffic Act, 1996.

Reply:

1. (a)

Vehicles owned by the Department	Vehicle registration	Number of accidents vehicles were involved in the last 3 financial years and 1 April 2018 to date
		2015/16	2016/17	2017/18	1 April 2018 to date
Toyota Corolla	BW16JG GP	None	None	None	1

1. (b)

Vehicles owned by the Department	Vehicle registration	Cost for repairs in each case
		2015/16	2016/17	2017/18	1 April 2018 to date
Toyota Corolla	BW16JG GP	Nil	Nil	Nil	R 9 614.07

1(c) (i) and (ii)
No vehicle was written off.

2. Yes, vehicles owned by the Department have tracking devices.

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) (a)

(i) No rhinos were translocated by South Africa to the Republic of Chad in the past five financial years.

(ii) Six black rhinos were translocated on 03 May 2018.

(b)

To the Zakouma National Park in the Republic of Chad.

(2) The six black rhinos were part of the Custodianship Programme with the Republic of Chad for the purpose of reintroducing black rhinos in the Republic of Chad following the loss of their native subspecies 46 years ago. Secondly, the reintroduction of six black rhinos in the Republic of Chad is also aimed at growing the continental meta-population of black rhinos and to contribute to the conservation of black rhinos on the African continent. This is in line with the African Range States African Rhino Conservation Plan aimed at re-establishing rhino populations in former range states.

The Custodianship Agreement was part of the other two Co-operative Agreements, namely:

• Memorandum of Understanding on Biodiversity Conservation and Management; and
• Memorandum of Understanding on the Reintroduction of Black Rhinoceros in the Republic of Chad.

Key to the Custodian Agreement are the following arrangements:

• South Africa will continue to own the black rhino while their offspring will be owned by the Republic of Chad.
• Chad (in case of a dire need for re-introduction of black rhinos to South Africa in the future) will make available the progeny/offspring of the black rhinos, either to supplement or re-establish South Africa’s black rhino population.

(3) The Government of the Republic of Chad paid for the transportation costs in line with the Memorandum of Understanding signed between the Governments of South Africa and Chad.

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Reply:

The Intensive Care Unit at 2 Military Hospital is at present functional and the admission of patients has been re-established.

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:

1. (a) and (b) The formula used for the diversion rate is informed by the estimated waste tyres arising, taking into account the availability of financial resources.

Indicator title	Percentage increase in waste diverted from landfill
Short definition	Measure the amount/increase in waste which has been diverted (i.e. waste re-used, recycled and recovered)
Purpose/importance	To reduce the amount of waste going to landfill sites and protect the environment by ensuring that set targets on management of waste, as per approved industry waste management plans, are achieved and that the intended objectives are realized
Source/collection of data	Monthly operational reports from WB operations
Method of calculation	[(Waste tonnages re-used, recycled and used for energy recovery)/waste arising per annum)*100] Waste tonnages re-used, recycled and used for energy recovery = waste tyres pyrolysed, crumbed and TDF Waste arising = total tonnages of tyres introduced into the market Q1: March&April&May Q2: June&July&August Q3: September&October&November Q4: December&January&February
Type of indicator	Output
Calculation type	Cumulative
Reporting cycle	Annually (linked to the Year Plan, i.e. Dec – Nov)
New indicator	No
Desired performance	Achieve planned targets
Indicator responsibility	DDG: Chemicals and Waste Management

2. (a) The Waste Bureau salaries were determined based on a market research study, in comparison to the pay scales of the Department of Environmental Affairs (DEA) public entities (iSimangaliso, SANParks, SANBI and SA Weather Service).

(b) The pay scales were benchmarked against all DEA public entities based on the inputs from market research study.

3. (a) Pay scales are attached.

(b) Advisors and Consultants are paid in accordance with the Department of Public Service’s approved rates.

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Reply:

1(a) The following list of municipalities constitute the 7% well performing municipalities:

			Audit opinion
Municipality	Province	District	2016-17	2015-16	2014-15	2013-14
Senqu	EC	Joe Gqabi	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Midvaal	GP	Sedibeng	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
King Cetshwayo District	KZN	uThungulu	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
uMhlathuze	KZN	uThungulu	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Umzumbe	KZN	Ugu	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Ehlanzeni District	MP	Ehlanzeni	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
ZF Mgcawu District	NC	ZF Mgcawu District	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Breede Valley	WC	Cape Winelands	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Cape Agulhas	WC	Overberg	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Cape Winelands District	WC	Cape Winelands	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Drakenstein	WC	Cape Winelands	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
George	WC	Eden	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Hessequa	WC	Eden	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Langeberg	WC	Cape Winelands	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Mossel Bay	WC	Eden	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Overstrand	WC	Overberg	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Swartland	WC	West Coast	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Theewaterskloof	WC	Overberg	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
West Coast District	WC	West Coast	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings
Witzenberg	WC	Cape Winelands	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings	Unqualified with no findings

All of these municipalities obtained an unqualified audit report with no findings for at least the past 4 years.

(b) Over the past few years it has become clear that there could be three root causes for distress in local government:

(i) A municipality that finds itself in distress due to failures in governance, financial management and administration (i.e. The institutional performance context), and

(ii) A municipality that finds itself in distress because it spatially and socio-economically was and always will be a financially non-viable entity (i.e. the socio-economic context);

(iii) A municipality that finds itself in distress as a result of systemic issues around powers and functions, fast growth in urbanization with expansion of capital infrastructure to fulfil increasing demand and an inability to grow operational revenue concurrent to ensure sufficient maintenance and operation of the infrastructure.

The manifestation of these root causes is however complex and often difficult to pinpoint. Distress could be a result of all three root causes or a combination of any two.

Whilst the above list focuses on sound financial management practices, it happened that a municipality such as Langeberg, for example, finds itself in the well-performing list with regard to financial management practices (audit outcomes), but simultaneously reflected on the distressed list of 87 because the Municipal Infrastructure Agent identified it as part of the 55 municipalities that are struggling to spend its Municipal Infrastructure Grant (MIG).

2) Yes, the Department has signed a Memorandum of Understanding with the National Treasury. Municipalities will be monitored continually and receive joint support from the National Treasury in the form of:

(i) Financial Recovery Plans - the Municipal Financial Recovery Service (MFRS) was established in 2007 as a Directorate in the National Treasury within the Office of the Accountant- General, Chief Directorate MFMA implementation in line with section 157 of the MFMA. In terms of section 158, the functions of the unit include:

• Preparation of financial recovery plans;
• Monitoring the implementation of the recovery plan;
• Assisting municipalities to identify the causes of and potential solutions to the financial problems;
• Information is collected on municipal financial problems and on best practices in resolving such problems.

Assistance is based on requests received from the municipality or the province and provided in a collaborative and coordinated way with other national or provincial departments. In order to support municipalities with financial recovery, National and Provincial Treasuries use the Financial Management Capability Maturity Model (FMCMM)

(ii) The Financial Management Capability Maturity model (FMCMM) is a tool (comprising 21 modules) to drive improvements in the financial, institutional and capacity disciplines in municipalities. The objective is to ensure that support is directed to areas most in need, with changes resulting in progressive maturity assessment improvements.

The project involves NT working in conjunction with Provincial Treasuries to promote actions to support, monitor and report on FM issues in specific municipalities. Actual reviews/ reassessments will be conducted through the Provincial Treasuries, who will ensure the preparation and implementation of action plans to address remaining areas of weakness. (FMCMM support is included in the MFIP Technical Advisors activities.) Assistance, where required and requested, will be provided by NT in the re-assessment process to support the development of appropriate action plans and to monitor progress within established timelines.

(iii) DCoG has identified a strategic intervention aimed at enhancing the municipal revenue management and debt collection system in local government. The intervention comprises the following stages:

• Implementation planning and conducting an “As Is’’ assessment
• Development of an improvement plan (municipal-specific simplified revenue plan)
• Implementation of the municipal-specific simplified revenue plan

(iv) The Department of Cooperative Governance’s Provincial coordinators will provide support in the form of coordination of the technical task teams that work with municipalities to address the challenges identified.

Reply:

1. In terms of the National Transport Master Plan (NATMAP) 2050 approved by Cabinet in October 2016, there are proposed high speed rail passenger systems for the following routes :

a) Johannesburg-Durban ; and

b) Pretoria –Polokwane.

2. The proposed high speed rail between Gauteng and Kwazulu Natal is a recommendation of NATMAP 2050 and nothing in a form of pre-feasibility study or commitment from any authority has been done.

3. There is no recommendations of high speed rail in Western Cape or City of Cape Town.

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.

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Reply:

R million	2014/15	2015/16	2016/17	2017/18
Budget	21.1	21.4	25.8	31.0
Expenditure	21.1	21.4	25.8	27.8

(b) 

(i) Remuneration – (R6, 395,682 PA)

(ii) Salary levels of staff in the Private Office of the Minister:

1 X Chief of Staff L14

1 X Private Secretary L13

1 X Spokesperson L13

1 X Cabinet and Parliamentary Officer L13

1 X DD: Cabinet Support L12

1 X ASD: Admin Secretary L9

1 X Ministerial Aid Cape Town L7

1 X Registry Clerk L5

1 X Snr Messenger / Driver Pretoria L5

(iii) Job Titles of staff in the Private Office of the Minister:

1 X Chief of Staff

1 X Private Secretary

1 X Spokesperson

1 X Cabinet and Admin Secretary

1 X Parliamentary Officer

1 X DD: Cabinet Support

1 X ASD: Admin Secretary

1 X Registry Clerk

1 X Snr Messenger / Driver Pretoria

 

(iv) Qualifications of staff in the Private Office of the Minister:

Position	Name	Qualification	NQF Level
Chief of Staff L14 (Remuneration P/A is R1,127 334)	TP Mhlongo	B Com: Commerce Honours: Psychology	8
ASD: Admin Secretary L9 (Remuneration P/A is R334 545 PA)	Machogo D	Advance Diploma Certificate: Public Administration	6
		Post-Graduate Diploma	7
Private Secretary L13 (Remuneration P/A is R991 500 PA)	M Mbele	Bachelor of Admin: International Relations Bachelor of Arts Honours: Journalism Master of Arts: Political Science	9
Deputy Director: Cabinet Support L12 (Remuneration P/A is R814 884 PA)	D Mokgohloa
		BA: Youth Development	7
		MPhil: Youth Development	9
Media Liaison Officer/Spokesperson L13 (Remuneration P/A is R948174 PA)	M Mtshali	Post Graduate Diploma: Management	8
Deputy Director: Admin Support L12 (Remuneration P/A is R877 866 PA	B Ngobeni	Bachelor of Arts: Social Work	7
Parliamentary Officer/Cabinet L13 (Remuneration P/A is R948174 PA)	N Nqaba	BA Honours: Development Studies Master of Arts: Development Studies	8 9
		B Admin: Sport Science	7
Snr Messenger / Driver (Pretoria) L5 (Remuneration P/A is R169 647 PA)	W Zwane	Senior Certificate(Gr 12)	4
Secretary L6 (Remuneration is R183 558 PA)	N More	Senior Certificate(Gr 12)	4

(v) Job Description of each employee appointed in the Private Office of the Minister:

The Job Descriptions indicating the job functions and duties are attached.

		Approved	Not Approved	Approved as amended
		Comment:
Dr NC Dlamini-Zuma Minister in the Presidency: Planning Monitoring and Evaluation
Date:

 

 

Reply:

ARMSCOR

Armscor has not undertaken any lifestyle audit in the past three financial years. Lifestyle audits are being considered by management and the process of planning will be undertaken as part of the new financial year audit process after all necessary considerations such as the legislative and resources requirements. Considerations, include, the use of the service provider in the approved panel of service providers, the basis for the lifestyle audits being management request, special assignment and the whistleblowing system and direct reports, as well as the cost benefit analysis. To date no request has been made for a lifestyle audit.

DEPARTMENT OF MILITARY VETERANS

Lifestyle audit has not been conducted in the Department of Military Veterans. There’s no plan in place.

DEPARTMENT OF DEFENCE

The Department of Defence has not conducted any lifestyle audit during the past three years.

MILOMBUD

The office of the Military Ombud to date has not exposed the head of the institution, nor senior management service members to a lifestyle audit over the past three financial years.

CASTLE CONTROL BOARD

None of the CCB's Management Team has undergone life style audits during the past five years. 

DEFENCE FORCE SERVICE COMMISSION

No lifestyle audit was conducted in the DFSC in the past three financial years.  

Reply:

(1)(a) What steps has the Surgeon General taken to address the long delays in procurement of needed medical equipment for military hospitals and

The SA Military Health Service is not a single role player in the tender-procurement process and is largely dependent on the placing of authorised procurement on external entities. The SA Military Health Services has streamlined internal logistics processes and aligned these processes to respond speedily to concerns from the Central Procurement Services Centre. Furthermore additional funding from National Treasury are being utilised to procure medical equipment. Monitoring of these processes are addressed in the weekly Command Council of the SA Military Health Service.

(b) what are the reasons that the procurement of a computed tomography scanner at 2 Military Hospital took eight months?

The procurement of the computerised tomography (CT) scanner took place in 2009. The delay was not linked to the initial procurement process, but to the procurement process in the repair of the CT scanner. The procurement process for repair was above the SAMHS delegation and was therefore referred to the Central Procurement Service Centre. The Central Procurement Service Centre referred the initial procurement request back with questions regarding the preferred supplier. This resulted in a delay of the repair of the equipment.

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:

ARMSCOR

Armscor has not had any cases relating to the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004.

QUESTION 2

None, as per above.

DEPARTMENT OF DEFENCE

(a) No cases relating to the Prevention and Combating of Corrupt Activities Act have been referred to the South African Police Services and Directorate for Priority Crime Investigation by the Military Police Division since financial year 2004. The Military Police Division is currently investigating all reported corruption cases within the Department of Defence.

(b) No cases relating to the Prevention and Combating of Corrupt Activities Act have been referred to the South African Police Services and Directorate for Priority Crime Investigation by the Military Police Division since financial year 2004. The Military Police Division is currently investigating all reported corruption cases within the DoD.

DEPARTMENT OF MILITARY VETERANS

a) Two cases have been reported by the DMV to the SAPS relating to the Prevention and Combating of Corrupt Activities Act 12 of 2004, as amended

b) Both the above cases are being investigated by the SAPS

MILOMBUD

There was one (1) case relating to the Prevention and Combating of Corrupt Activities Act 12 of 2004 reported to the SAPS, but investigated internally, however, the outcome from SAPS investigation is still awaited

CASTLE CONTROL BOARD

No case has been made or pursued in terms of the specified Act.

DEFENCE FORCE SERVICE COMMISSION

No cases have been referred by the Defence Force Service Commission

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.