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20 June 2016 - NW1260

Profile picture: Davis, Mr GR

Davis, Mr GR to ask the Minister of Basic Education

(1)Whether, with reference to a grievance lodged by one of her employees (name and details furnished), her department will redress the grievance in a court of law as recommended by the Public Service Commission (PSC); if not, why not; if so, what are the relevant details; (2) did she inform the specified employee of her decision regarding the PSC’s recommendations as prescribed in Rule G.2 of the Grievance Rule 2003; if not, why not; if so, what are the relevant details; (3) did she furnish the PSC with (a) a copy of the letter in which her department communicated the outcome of the investigation to the specified employee and (b) feedback on the decision taken by her regarding the PSC’s recommendations; if not, why not, in each case; if so, what are the relevant details in each case?

Reply:

1. No, the Department will not approach the court to redress the matter as recommended by the Public Service Commission(PSC).

The reasons are as follows:

In Khumalo, the Member of the Executive Council (MEC) for Education in KwaZulu Natal (KZN), approached the court to nullify the promotion of two officials as she believed that there was underhandedness in their appointment. The Court dismissed the application. In casu, the MEC argued that the one candidate did not meet the requirement while the other’s Protected Promotion was illegal.

It is important to note that facts of the Khumalo case and Mr Mithileni’s grievance are not similar. In Khumalo, Mr Krish Ritchie, was given a Protected Promotion after the Department failed to shortlist and appoint him in a position of Chief Personnel Officer. Consequently, the Department (KZN – Education) decided to give him a Protected Appointment to redress their omission.

In the case of Mr Mithileni, both candidates met the requirements, were both shortlisted, interviewed and one was recommended for appointment. Mr Mithileni was the second best candidate. Therefore, the facts in Khumalo’s case and those in Mr Mithileni’s grievance are totally unrelated and do not speak to the same questions of law.

2. Yes, Mr Mithileni was informed about the Minister’s decision regarding the PSC’s recommendations as prescribed in Rule G.2 of the Grievance Procedure of 2003. The letter was received and signed for by Mr Mithileni himself.

3. Yes, the Minister furnished the PSC with:

(a) a copy of the letter in which the Department communicated the outcome of the investigation to Mr Mithileni. The letter to the PSC was sent to the Office of the Public Service Commission on13 April 2016 with attention.

(b) The Minister also furnished the Public Service Commission with feedback on the decision taken by her regarding the PSC’s recommendations.

17 June 2016 - NW1608

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Telecommunications and Postal Services

(a) What was on the agenda of the inter-governmental discussions between South Africa and the People’s Republic of China held in Durban on 14 May 2016, (b) what programme of action and/or collaboration was adopted between the specified governments and (c) what is the timeframe for the implementation of the programmes?

Reply:

I have been advised by the Department as follows:-

(a) The following items were on the agenda of the of the inter-governmental discussions between South Africa and the People’s Republic of China held in Durban on 14 May2016

  • E-Government & Smart City
  • Internet Information Infrastructure
  • E-Commerce & Electronic Manufacturing
  • Cyber Security

(b) The two Parties agreed on the following:

  • The need for regular exchange between the two countries,
  • The promotion of collaboration, investment within the sector
  • Building on the partnership cooperation which was entered into by the China Yangtze Optical Fibre and Cable and the South African Joint Stock Limited Group, Mustek Limited Group.
  • Proposal that the Internet Roundtable should take place annually.
  • Proposal that the South Africa ICT sector be invited to the World Internet Conference, which China hosts on annual basis.
  • Agreement on the need for officials of the two countries to strengthen cooperation, and build programmes which can be incorporated into multilateral forums such as the G20 and the Forum on China-Africa Cooperation (FOCAC).

(c) The Plan of Action (2015) is a five year plan commencing in 2015 to 2020.

17 June 2016 - NW1473

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the Minister of Finance

(1)What was the impact on the value of assets under the management of each of the portfolios of the clients of the Public Investment Corporation (PIC) due to the so-called 9/12 events that started with the removal of the former Minister of Finance, Mr Nhlanhla M Nene (details furnished); (2) whether the PIC has since recovered any losses incurred as a result of the specified events; if not, why not; if so, what are the relevant details?

Reply:

According to the Public Investment Corporation (PIC):

1. The total decrease in Asset under Management (AuM) over the period 08 December 2015 to 12 December 2015 amounted to R99, 107,867,476.76.

Table 1 below provides detailed information as per Client.

 

Table 1: Assets under Management per Client:

GOVERNMENT EMPLOYEE PENSION FUND

Start date

End date

End Market Value (Rands)

Change in Rands

Change in Percentage

2015/12/08

2015/12/09

1 578 842 958 575,68

   

2015/12/09

2015/12/10

1 533 030 433 903,16

-45 812 524 672,52

-0,03

2015/12/10

2015/12/11

1 492 840 656 310,47

-40 189 777 592,69

-0,03

2015/12/11

2015/12/12

1 492 952 420 399,11

111 764 088,64

0,00

2015/12/12

2015/12/13

1 492 954 477 051,57

2 056 652,46

0,00

UNEMPLOYMENT INSURANCE FUND

Start date

End date

End Market Value (Rands)

Change in Rands

Change in Percentage

2015/12/08

2015/12/09

118 539 328 931,11

   

2015/12/09

2015/12/10

113 622 850 706,82

-4 916 478 224,29

-0,04

2015/12/10

2015/12/11

110 538 549 728,88

-3 084 300 977,94

-0,03

2015/12/11

2015/12/12

110 553 868 800,92

15 319 072,04

0,00

2015/12/12

2015/12/13

110 555 818 779,42

1 949 978,50

0,00

COMPENSATION COMMISSIONER FUND

Start date

End date

End Market Value (Rands)

Change in Rands

Change in Percentage

2015/12/08

2015/12/09

34 722 690 994,32

   

2015/12/09

2015/12/10

32 550 500 181,82

-2 172 190 812,50

-0,06

2015/12/10

2015/12/11

31 615 296 174,48

-935 204 007,34

-0,03

2015/12/11

2015/12/12

31 627 883 140,02

12 586 965,54

0,00

2015/12/12

2015/12/13

31 628 048 616,55

165 476,53

0,00

COMPENSATION COMMISSIONERS PENSION FUND

Start date

End date

End Market Value (Rands)

Change in Rands

Change in Percentage

2015/12/08

2015/12/09

16 943 272 754,78

   

2015/12/09

2015/12/10

16 271 781 984,86

-671 490 769,92

-0,04

2015/12/10

2015/12/11

15 809 698 426,57

-462 083 558,29

-0,03

2015/12/11

2015/12/12

15 811 843 053,26

2 144 626,69

0,00

2015/12/12

2015/12/13

15 812 007 764,12

164 710,86

0,00

ASSOCIATED INSTITUTIONS PENSION FUND

Start date

End date

End Market Value (Rands)

Change in Rands

Change in Percentage

2015/12/08

2015/12/09

14 106 965 858,19

   

2015/12/09

2015/12/10

13 361 805 139,24

-745 160 718,95

-0,05

2015/12/10

2015/12/11

13 055 814 127,87

-305 991 011,37

-0,02

2015/12/11

2015/12/12

13 059 366 371,64

3 552 243,77

0,00

2015/12/12

2015/12/13

13 059 853 104,81

486 733,17

0,00

PIC FUNDS UNDER MANAGEMENT

Start date

End date

End Market Value (Rands)

Change in Rands

Change in Percentage

2015/12/08

2015/12/09

1 791 426 488 177,86

   

2015/12/09

2015/12/10

1 737 191 207 615,39

-54 235 280 562,47

-0,03

2015/12/10

2015/12/11

1 692 157 213 606,73

-45 033 994 008,66

-0,03

2015/12/11

2015/12/12

1 692 309 150 164,43

151 936 557,70

0,00

2015/12/12

2015/12/13

1 692 318 620 701,10

9 470 536,67

0,00

2. The PIC’s Portfolios have since recovered from the December 2015 decline.

17 June 2016 - NW1607

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Telecommunications and Postal Services

(a) How much money was allocated for the installation of wi-fi networks in (i) metropolitan areas, (ii) cities and (iii) towns and (b) from which programme(s) was the money sourced; 2) Whether the Wi-Fi sites in each of the specified sites will become assets of the respective municipalities; if not, why not; if so, what are the relevant details; 3) (a) who will maintain the specified sites, (b) how were service providers to install and run the specified sites chosen and (c) what provisions are in place to protect the data privacy of users of the specified sites; 4) What is the fate of the 112 emergency number programme now that its funding has been diverted to the installation of Wi-Fi networks in the specified sites?

Reply:

The Department has advised me as follows:

(1)(a)(i)(ii)& (iii) The Department made available R40m from its budget, which was distributed amongst the 6 Metropolitan municipalities based on their proposals on the extent of the expansion of their WiFi programmes:

Metro

Funding

Nelson Mandela Bay

R 6m

City of Tshwane

R 8.9m

City of JoBurg

R 7.8m

City of Cape Town

R 4.6m

Ekurhuleni

R 7.4 m

Mangaung

R 5.3m

TOTAL

R 40m

(b) The Wi-Fi project funding was reprioritised from 112 emergency number programme

(2) The Department is not rolling out and building Wi-Fi sites for the Metros. The Department provided funding to supplement Metro Wi-Fi Projects and the sites will become assets of the respective Metros.

(3)(a) The Municipalities are responsible for the maintenance of the sites

(b) The Service Providers were sourced and procured by the Metros guided by their procurement processes

(c) All Metros have data privacy plans in place to address privacy and data security risks when deploying the Wi-Fi network solutions

(4) The 112 emergency number programme from DTPS is currently on hold. Should funding be made available, the Department would need to ensure that there is sufficient funding for the entire life of the project.

The Department and DoH in partnership, are exploring various funding mechanism to set up the 112 emergency service.

17 June 2016 - NW1365

Profile picture: Filtane, Mr ML

Filtane, Mr ML to ask the Minister of Rural Development and Land Reform

Whether, with regard to the allocation of the Malangskraal farm in Bedford in the Nxuba Municipality in the Eastern Cape to the deserving beneficiaries, he is aware of the challenges regarding some members of the National Rural Youth Service Corps programme that are allegedly affecting the conclusion of the specified allocation processes; if so, what (a) steps have been taken to resolve the challenges, (b) progress has been made thus far and (c) time frame has been attached to the specified steps; (2) whether he will lodge an investigation into the allocation process of the Malangskraal farm to the deserving beneficiaries in order to confirm the authenticity of the alleged challenges and find a solution thereto; if not, why not; if so, what are the relevant details?

Reply:

1. Yes.

(a),(b),(c) The Department visited the Bedford area to assess the situation and it was resolved that the Office of the Surveyor General would visit the farm with the allocated beneficiaries to identify the allocated portions. The surveyor visited the farm on the 8-10 June 2016.

2. No. The allocation to NARYSEC beneficiaries was processed through the relevant approval committees and they were confirmed as deserving beneficiaries based on their training in agricultural activities amongst other things.

 

17 June 2016 - NW1589

Profile picture: Krumbock, Mr GR

Krumbock, Mr GR to ask the Minister of Tourism

What is the cost of a road signage that directs motorists to tourist attractions on a national road?

Reply:

Payment for the provision of tourist attraction signs is normally dependent on the policy of the relevant road, be it national, provincial or local authority. The road authority will, however, provide the necessary tourism signs for emergency services such as police stations or government hospitals. All other tourism signs for attractions or services are normally paid for by the owner/operator of the facility.

Factors taken into account in calculating the fee are as follows:

  • text size on signs is dependent on the speed of the road thus a sign on a national road and a sign on a municipal road will differ in cost;
  • the size of the sign determines the materials used and thus the manufacturing cost;
  • the size of the sign will determine the number of poles needed to support the sign;
  • a road signage team has to go out to erect the sign;
  • should a sign be damaged it would need fixing or replacing (the lifespan of a sign is from 7 to 10 years).

BACKGROUND INFORMATION: EXPLANATION FROM DOT ON COMMENTS

Various roads are managed by various authorities. National roads are managed for the DoT by SANRAL; Provincial roads are managed in each province by that province and municipal roads are managed by the municipalities in which they occur. Thus you will find that within the borders of a certain province there will be national, provincial and municipal roads. Each of these authorities will have policies and/or legislation governing how roads are managed by the particular authority.

Tourism signs in the SA and SADC Road Traffic Signs Manuals are brown signs. As Police Stations and Government Hospitals are signed on brown signs they form part of what is called Tourism signs in the manual.

Whoever submits the request for the signage will be responsible for the cost of implementing the signage.

There is no average as the size of the sign dictates the cost. A large sign will cost more than a small sign. The road authority cannot put signs up which are not legible at the speed travelled on the road and small signs are not legible at 120 km/h.

SABS determines only the quality of the material to be used for the manufacture of the sign. The SA and SADC Road Traffic Signs Manual stipulate the type of material to be used. If the wrong material or inferior quality of material is used the sign will become illegible more quickly and have to be replaced more often and this will eventually increase the cost of the signage.

Most signs will require at least two poles. Sometimes the sign can be attached to an existing sign structure and then the cost of poles would not be relevant. Sometimes the sign might be large enough to warrant three poles in this case it might influence the cost.

17 June 2016 - NW1588

Profile picture: Krumbock, Mr GR

Krumbock, Mr GR to ask the Minister of Tourism

Whether any progress has been made regarding a decision to erect a tourism signage on the N3 directing motorists to the Howick Falls in KwaZulu-Natal; if not, (a) what steps has he taken to expedite such a decision and (b) when does he envisage that a final decision will be taken, in this regard; if so, what are the relevant details?

Reply:

The Department of Tourism had a meeting with the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs and the Umngeni Local Municipality’s Town Planning and Signage Unit on 17 May 2016 to discuss and resolve the matter on directional signage in Howick.

(a) According to the Department of Transport, the Howick Falls form part of the Midlands Meander which has many attractions. This makes it difficult to sign every attraction. The South African Road Traffic Signs Manual (SARTSM) and Southern African Development Community Road Traffic Signs Manual (SADCRTSM) also require that attractions be signed from the nearest numbered route. The nearest numbered route from the Howick Falls is the R103. Thus according to the manual the Howick Falls should be signed from the R103 and not the N3.

In addition, the Department of Tourism has noted correspondence between SANRAL and the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs dated

30 May 2016 where SANRAL advised that the application must be made with the Provincial Department of Transport.

The KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs has committed to lodging a new application with the Provincial Department of Transport for the installation of directional signage. Both local and provincial governments have cited budgetary constraints.

(b) The Department of Tourism has taken a decision to make funding available and to work with the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs to ensure that directional signage is erected from the nearest numbered route R103 to Howick Falls and Nelson Mandela Capture Site, within the current financial year.

17 June 2016 - NW1604

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Shinn, Ms MR to ask the Minister of Telecommunications and Postal Services

(a) On which date was the ICT Policy Review White Paper delivered to Cabinet, (b) what are the full details of the processes that the specified paper has gone through since being delivered to Cabinet and (c) when is the specified paper expected to be tabled before Cabinet for approval; (2) Whether any private sector stakeholders are in discussions with Cabinet’s communications committee to amend the specified paper before it is tabled for approval; if not, what is the position in this regard; if so (a) what are the names of the private sector stakeholders; (b) what matters have been discussed in each case and (c) what was the outcome of each such discussion to date?

Reply:

1. (a) The National Integrated ICT Policy White Paper was tabled before the ESEID Cabinet Committee on 09 March 2016.

(b) The Department of Telecommunications and Postal Services was directed to further consult with key stakeholder Departments, which was done.

(c) It is envisaged that the National Integrated ICT Policy White

Paper will be finalised within next few months.

2. (a) The Department is not aware of any private sector stakeholders being in discussions with Cabinet’s Communications Committee to amend the specified paper before it is tabled for approval.

(b) Not applicable (see 2(a).

(c) Not applicable (see 2(a).

17 June 2016 - NW1602

Profile picture: Hadebe, Mr TZ

Hadebe, Mr TZ to ask the Minister of Transport

Whether any technologies have been installed in all vehicles owned by (a) her department and (b) all entities reporting to her to ensure that drivers are not intoxicated; if not, (i) why not and (ii) what steps are being taken to install such technologies; if so, what are the relevant details in each case?

Reply:

Department

(a) The Department’s vehicles are not installed with technologies to detect intoxicated drivers.

   (i) The transport vehicle drivers by the VIP Protectors and the need to install such technology in these vehicles have not been raised by the respective Offices.

   (ii) Should the need be identified by the Offices of the Minister and Deputy Minister, the necessary procurement and installation will be processed.

Airports Company South Africa SOC Limited (ACSA)

(b)(i) and (ii) Such technology has never been installed in ACSA-owned vehicles and there are no plans to do so.

Air Traffic and Navigation Services SOC Limited (ATNS)

(b) ATNS has not fitted any technologies to its fleet of vehicles to alert intoxication.
(b)(i) ATNS internal controls and procedures have proven sufficient to prevent intoxication in the work place, which includes driving.
(b)(ii) ATNS does not intend to fit any technologies to ensure that drivers are not intoxicated whilst driving. ATNS internal controls and procedures to prevent intoxication in the work place, are working satisfactorily;

South African National Roads Agency Limited (SANRAL)

(b) The 8 vehicles owned by SANRAL are all installed with real-time vehicle tracking and monitoring technologies to remotely monitor safety and security of our drivers, driver behavior and vehicle movement. The real-time vehicle tracking and monitoring system used do however not monitor if drivers are intoxicated at this stage.

(i) Currently no SANS certified vehicle inter-lock technologies are available in South Africa.

(ii) SANRAL are in frequent discussions with our vehicle tracking and monitoring system supplier to follow-up on progress made with certification of vehicle inter-lock technologies.

Cross-Border Road Transport Agency (CBRTA)

(b) No technologies have been installed in the two (2) vehicles that are owned by the Cross-Border Road Transport Agency.

(i) Intoxication and/or drunkenness on duty is prohibited and dealt with in line with the Agency’s Code of Conduct and Disciplinary Code, which all employees have copies of and sign-off on. To this end, there are no reported case of intoxicate within the Agency.

(ii) The Agency is not taking any steps to install such technologies, as the control measure currently in place is working effectively.

Road Accident Fund (RAF)

(b) The Road Accident Fund (RAF) has implemented a fleet management solution which will result in the RAF not owning any vehicles, except for two trailers. Transfer of ownership of the last three motor vehicles registered in the name of the RAF is being arranged.

The fleet management solution does not provide for technologies to ensure that drivers are not intoxicated;

(i) the RAF does not experience challenges related to intoxicated staff driving fleet vehicles, therefore the cost associated with providing for technologies to ensure that drivers are not intoxicated would not be justified, more especially since such funding could be more appropriately channeled to one of the numerous RAF road safety initiatives targeting specific road user groupings

(ii) no steps are being taken to install such technologies

Road Traffic Management Corporations (RTMC)

(b)The RTMC has not installed such technologies in its vehicles.

(i) There is no policy that directs the RTMC to install such technologies in its vehicles.

(ii) N/A

Road Traffic Infringement Agency (RTIA)

(b) There are no technologies installed for this purpose in RTIA vehicles. (b) The RTIA acquired the bulk of its fleet in 2015. Fleet management processes and policies are being aligned to ensure that appropriate control technologies are installed

(i) N/A and

(ii) Installation of technologies to track driver behaviour is being investigated and will be implemented in phases in the financial years 2016/17 and 2017/18.

South African Maritime Safety Authority (SAMSA)

(a) Tracking systems have been installed in the vehicles.

(b) We ensure when we issue the vehicle that drivers are not intoxicated. Guidelines for official vehicle usage are in place.

Ports Regulator of South Africa (PRSA)

(b) The Ports Regulator has not installed any technologies to the vehicle fleet to ensure that drivers are not intoxicated.

(i) The reason is that there is only one car which is used during business hours and for short trips. Also employees are always reminded of the policy governing the use of company vehicles which prohibits driving under the influence. The organization also has a substance abuse policy which prohibits the use of alcohol at work as well as being drunk on duty.

(ii) There are no steps being taken yet to install such technologies.

Railway Safety Regulator( RSR)

The RSR vehicles have been installed with tracking devices that monitor driver behaviour and confirms location. In addition to this, those using company vehicles have to undergo mandatory testing as per RSR’s vehicle policy.

Passenger Rail Agency of South Africa (PRASA)

(b) PRASA vehicles do not have technology to detect intoxication – the technology installed in vehicles is for tracking vehicle movement – empIoyees are tested for alcohol in the depots,

PRASA is currently preparing to go out on a bid for new technology for its vehicles and the issue of technology to detect whether drivers are intoxicated will be considered

17 June 2016 - NW1606

Profile picture: Shinn, Ms MR

Shinn, Ms MR to ask the Minister of Telecommunications and Postal Services

(a) Which (i) metropolitan areas, (ii) cities and (iii) towns had Wi-Fi networks installed in the past five years, (b) what were the criteria for choosing the specified sites, (c) how much funding was given to each of the specified sites, (d) what is the (i) expected coverage area and (ii) population reach of each of the specified sites, (e)(i) which of the specified sites are live and (ii) when were they switched on and (f)(i) which of the specified sites are not live and (ii) when will they go live?

Reply:

The Department has advised me as follows:

(a) (i) (ii) & (iii) In the 2015/16 financial year, the Department funded expansion of Wi-Fi networks in the following Metropolitan Municipality areas:

  • City of Tshwane
  • City of Johannesburg
  • City of Mangaung
  • Ekhuruleni
  • City of Cape Town
  • Nelson Mandela Bay Municipality

The District Municipality of Dr Kenneth Kaunda in the North West used its own resources to deploy WiFi during 2015/16.

(b) The criteria was readiness to implement and focus on areas which were underserved or having high concentration of population.

(c) The Department made available R40m that was distributed amongst the 6 Metropolitan municipalities based on their proposals on the extent of the expansion of their WiFi programmes:

Metro

Funding

Nelson Mandela Bay

R 6m

City of Tshwane

R 8.9m

City of JoBurg

R 7.8m

City of Cape Town

R 4.6m

Ekurhuleni

R 7.4 m

Mangaung

R 5.3m

TOTAL

R 40m

(d) (i) and (ii) Expected areas of coverage and population reach are:

Metro

Areas to be covered

Average of population reach(users)

Nelson Mandela Bay

Zwide, Kwanobuhle, Korter, Kwamagxaki, Motherwell, Kwazakhele

25 000

City of Tshwane

Mabopane, Saulsville, Winterveldt

90 000

City of JoBurg

Alexandra, Dieplsoot, Tshepisong, Ivory Park, Doornkop, Orlando East, Dhlamini, Lawley, Protea South, etc

45 000

City of Cape Town

Athlone, Goodwood, Khayelitsha, Gugulethu, Harare, Crossroads

39 000

Metro

Areas to be covered

Average of population reach(users)

Ekurhuleni

Alberton, Benoni, Daveton, Springs Katlehong, Voslorus, Tembisa, Tsakane, Nigel

45 000

Mangaung

Bloemfontein, Thaba Nchu, Bosthabelo

45000

(e)(i) - (ii) The following Metros have live sites and have been live since the dates shown alongside:

  • Tshwane – March 2016
  • Ekhuruleni – April 2016
  • Nelson Mandela – April 2016
  • Cape town (80% sites live) – Sites switched on since March 2016 and all expected to be live by 30 June 2016

(f)(i) The following areas have not switched on their sites:

  • City of Johannesburg
  • Mangaung

(ii) The expected timeline for switch on is by the end of July 2016

17 June 2016 - NW1584

Profile picture: Van Der Walt, Ms D

Van Der Walt, Ms D to ask the Minister of Rural Development and Land Reform

Whether all land claims lodged in Limpopo during the first round have been settled to date; if not, (a) how many are (i) under dispute in the Land Claims Court (LCC), (ii) under arbitration and/or mediation and (iii) awaiting a (aa) hearing and/or (bb) judgement in the LCC, (b) what are the timeframes in each specified case and (c) how many of the specified land claims are still outstanding; (2) (a) how many sale agreements have been concluded to date, (b) on which dates were the specified agreements concluded, (c) how many of the specified agreements are awaiting payment and (d) what is the total amount of payments made for agreements that were concluded to date?

Reply:

1. (a) No, 1537 land claims lodged not later than 31 December 1998 are outstanding;

      (i) 35

      (ii) None

      (iii) (aa) 5

           (bb) 1

(b) Timeframes are determined by the Courts.

(c) 5

2. (a) 774

(b) The sale agreements were entered into on different dates. To determine the exact date of the signing of the sale agreement will deviate the Commission from its core mandate of settlement of claims.

(c) In all land acquisition agreements, a deposit of the purchase price is paid within 30 days of signature. The balance thereof is paid within 10 days after registration of transfer. 3 agreements currently awaiting payment of the balance pending registration of transfer.

(d) R3 885 127 082.16

15 June 2016 - NW1524

Profile picture: Brauteseth, Mr TJ

Brauteseth, Mr TJ to ask the Minister of Science and Technology

(1)Whether her department was approached by any political party for any form of funding (a) in the (i) in the 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years (b) since 1 April 2016; If so, what are the relevant details in each case; (2) Whether her department provided any form of funding to any political party (a) in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years and (b) since 1 April 2016; if not, what is the position in this regard; if so what are the relevant details in each case?"

Reply:

(1) a The Department of Science and Technology has not been approached by any political party for any form of funding.

(i) Nil

(ii) Nil

(iii) Nil

(b) N/A

(2) a The Department of Science and Technology has nt provided any form of funding to any political party.

(i) Nil

(ii) Nil

(iii) Nil

(b) N/A

15 June 2016 - NW1334

Profile picture: Boshoff, Ms SH

Boshoff, Ms SH to ask the Minister of Basic Education

(1)(a) How many braille (i) workbooks and (ii) textbooks were delivered to visually impaired learners in each district in each province in (aa) 2012, (bb) 2013, (cc) 2014 and (dd) 2015, (b) how many visually impaired learners were enrolled in Grade 1 in each district in each province in the specified academic years and (c) how many visually impaired learners completed their National Senior Certificate examinations with (i) mathematics, (ii) mathematical literacy and (iii) science in each district in each province in the specified academic years; (2) (a) how many schools for the visually impaired learners are registered with each provincial department of education and (b) how many appropriately trained educators in the field of braille are teaching at schools for the visually impaired?

Reply:

(1)(a)(i)(ii)(aa)(bb)(cc) response is attached as table 1.

Table : Response to (1)(i)(ii)(aa)(bb)(cc)

Province and Districts

(i) Workbooks

(ii) Textbooks

b)VIL in Gr 1

 

aa)2012

bb)2013

cc)2014

dd)2015

aa)2012

bb)2013

cc)2014

dd)2015

aa)2012

bb)2013

cc)2014

dd)2015

EC

PE

0

0

3

34

0

0

0

0

0

0

0

0

Mthatha

0

0

0

50

0

0

0

0

0

0

0

0

Mbizana

0

0

0

25

0

1

0

0

0

0

0

0

FS

Thabo Mofutsanyana

0

0

0

31

0

0

0

0

0

0

0

0

Thaba-Nchu

0

0

0

41

0

0

0

0

1

3

6

1

GT

Tshwane West

0

0

11

112

0

0

0

0

33

0

31

33

Sedibeng East

0

0

0

45

0

0

0

0

33

0

31

33

KZN

Umlazi

0

0

2

0

0

0

2

0

3

0

3

2

Pinetown

0

0

2

36

0

0

1

0

0

0

1

0

Umungundlovu

0

150

200

177

0

0

0

0

16

16

16

17

LP

Mvembe

0

0

0

22

0

0

0

0

0

0

0

0

Capricon

0

0

13

95

0

0

1

0

0

0

3

0

Mopani

0

0

2

0

0

0

0

0

0

0

1

0

Sekhukhuni

0

0

0

0

0

0

0

0

0

0

0

0

MP

Ehlanzeni

0

23

0

19

               

NC

Frances Baard

0

5

25

5

25

20

20

20

2

1

4

1

NW

Dr Ruth Segomotsi Mampati

0

255

0

0

0

0

0

0

11

11

12

11

WC

Metro North

0

0

0

700

0

0

0

700

20

23

20

25

Cape Winelands

0

0

0

560

0

0

0

560

7

5

8

8

Province and Districts

(i) Mathemetics

(ii) Mathemetical Literacy

iii)Science

 

aa)2012

bb)2013

cc)2014

dd)2015

aa)2012

bb)2013

cc)2014

dd)2015

aa)2012

bb)2013

cc)2014

dd)2015

EC

PE

5

4

0

0

1

0

0

0

1

0

0

0

Mthatha

0

0

0

5

0

0

0

0

0

0

0

0

Mbizana

0

0

0

0

0

0

0

0

0

0

0

0

FS

Thabo Mofutsanyana

0

0

0

0

0

0

0

0

0

0

0

0

Thaba-Nchu

0

2

0

0

0

2

0

0

0

0

0

0

GP

Tshwane West

14

17

0

2

76

76

0

76

1

0

0

0

Sedibeng East

0

0

0

0

0

0

0

0

0

0

0

0

KZN

Umlazi

0

0

0

0

0

0

0

1

0

0

0

1

Pinetown

2

0

0

2

1

0

0

3

1

0

0

1

Umungundlovu

2

14

0

4

1

0

0

0

14

14

15

14

LP

Vhembe

7

0

0

3

0

0

0

2

0

0

0

1

Capricon

7

11

0

11

4

5

0

2

4

4

0

1

Mopani

1

0

0

2

1

0

0

1

1

0

0

2

Sekhukhuni

2

0

0

0

1

0

0

0

2

0

0

0

MP

Ehlanzeni

0

0

0

1

0

0

0

0

0

0

0

0

NC

Frances Baard

0

1

0

3

0

1

1

4

0

0

0

0

NW

Dr Ruth Segomotsi Mampati

0

7

0

0

4

8

4

4

0

0

0

0

WC

Metro North

0

16

0

0

31

21

11

18

0

0

0

0

Cape Winelands

3

0

2

0

9

12

7

4

3

0

3

0

Source: 2012-2015 Provincial Responses

(1)(b)

Table 2 below indicates the number of Grade 1 learners in special schools. It shows that in 2015, there were 7 649 Grade 1 learners in special schools. The number increased from 4 664, in 2012 to 7 649 in 2015.

Table 2: Number of Grade 1 learners in special schools, by district and province, between 2012 and 2015

Province

District

2012

2013

2014

2015

EC

EAST LONDON

100

103

106

151

 

GRAHAMSTOWN

7

9

6

0

 

KING WILLIAMS TOWN

95

110

119

156

 

LUSIKISIKI

15

0

27

35

 

MALUTI

16

18

18

15

 

MBIZANA

122

113

97

106

 

MT FRERE

57

0

56

56

 

MTHATA

159

161

196

191

 

PORT ELIZABETH

268

143

476

171

 

QUMBU

0

69

95

0

 

STERKSPRUIT

21

18

0

9

 

Total

860

744

1196

890

FS

FEZILE DABI

204

207

212

211

 

LEJWELEPUTSWA

442

466

476

489

 

MOTHEO

304

389

660

645

 

THABO MOFUTSANYANA

99

106

131

126

 

Total

1049

1168

1479

1471

GT

EKURHULENI NORTH

65

79

90

91

 

EKURHULENI SOUTH

112

115

399

333

 

GAUTENG EAST

70

76

60

73

 

GAUTENG WEST

29

27

27

23

 

JOHANNESBURG CENTRAL

168

163

165

154

 

JOHANNESBURG EAST

198

178

181

127

 

JOHANNESBURG NORTH

79

120

96

168

 

JOHANNESBURG SOUTH

62

47

44

30

 

JOHANNESBURG WEST

68

42

57

54

 

SEDIBENG EAST

53

52

61

60

 

SEDIBENG WEST

0

9

0

0

 

TSHWANE NORTH

106

124

119

119

 

TSHWANE SOUTH

144

111

99

132

 

TSHWANE WEST

58

43

59

63

 

Total

1212

1186

1457

1427

KZ

AMAJUBA

13

279

246

258

 

EMPANGENI

97

57

248

0

 

ILEMBE

0

28

114

130

 

OBONJENI

0

0

92

0

 

OTHUKELA

16

93

59

0

 

PINETOWN

98

449

479

447

 

PORT SHEPSTONE

23

0

189

0

 

SISONKE

21

43

38

69

 

UGU

0

147

0

0

 

UMGUNGUNDLOVU

49

448

374

406

 

UMKHANYAKUDE

43

101

69

234

 

UMLAZI

228

536

719

883

 

UMZINYATHI

0

79

106

89

 

UTHUNGULU

0

36

0

138

 

VRYHEID

0

42

29

0

 

ZULULAND

0

0

0

25

 

Total

588

2323

2745

2679

LP

CAPRICORN

31

23

64

206

 

GREATER SEKHUKHUNE

0

0

52

0

 

LEBOWAKGOMO

34

29

0

44

 

MOGALAKWENA

0

33

0

34

 

MOPANI

0

0

45

28

 

SEKHUKHUNE

30

47

0

120

 

TZANEEN

78

71

27

60

 

VHEMBE

83

74

98

89

 

WATERBERG

7

3

6

9

 

Total

263

280

292

590

MP

BOHLABELA

0

0

0

0

 

EHLANZENI

35

39

41

48

 

GERT SIBANDE

4

2

3

0

 

NKANGALA

0

0

0

0

 

Total

39

41

44

48

NC

FRANCES BAARD

148

18

30

149

 

JOHN TAOLO GAETSEWA

0

0

0

26

 

NAMAQUA

0

0

8

10

 

Total

148

18

38

185

NW

BRITS

0

0

11

0

 

GREATER DELAREYVILLE

55

77

0

0

 

GREATER TAUNG

5

14

11

10

 

MADIBENG

16

11

0

9

 

REKOPANTSWE

65

19

0

0

 

RUSTENBURG

27

19

27

18

 

Total

168

140

49

37

WC

CAPE WINELANDS

55

38

30

33

 

EDEN AND CENTRAL KAROO

0

3

7

11

 

METRO CENTRAL

124

124

46

109

 

METRO EAST

76

67

33

65

 

METRO NORTH

58

66

88

102

 

METRO SOUTH

24

46

109

50

 

METROPOLE SOUTH

0

0

34

0

 

Total

337

344

347

370

National

 

4664

6259

6185

7649

Source: 2012-2015 SNE Snap Survey

Table 3: Number of visually impaired learners in special schools, by district and province, between 2012 and 2015

Province

District

2012

2013

2014

2015

EC

EAST LONDON

0

7

0

0

 

GRAHAMSTOWN

0

0

0

0

 

KING WILLIAMS TOWN

8

3

8

6

 

LUSIKISIKI

3

0

3

3

 

MALUTI

0

0

0

3

 

MBIZANA

155

157

147

154

 

MT FRERE

0

0

0

0

 

MTHATA

129

130

127

130

 

NGCOBO

0

0

0

0

 

PORT ELIZABETH

117

115

113

111

 

QUEENSTOWN

0

0

0

0

 

QUMBU

0

0

0

0

 

STERKSPRUIT

0

0

0

1

 

UITENHAGE

0

0

0

0

 

Total

412

412

398

408

FS

FEZILE DABI

22

13

4

12

 

LEJWELEPUTSWA

34

27

28

27

 

MOTHEO

162

160

151

159

 

THABO MOFUTSANYANA

91

99

98

82

 

Total

309

299

281

280

GT

EKURHULENI NORTH

65

41

35

34

 

EKURHULENI SOUTH

8

7

3

9

 

GAUTENG EAST

47

54

78

62

 

GAUTENG NORTH

0

0

0

0

 

GAUTENG WEST

28

34

33

29

 

JOHANNESBURG CENTRAL

14

13

17

21

 

JOHANNESBURG EAST

24

26

24

25

 

JOHANNESBURG NORTH

25

20

11

17

 

JOHANNESBURG SOUTH

18

12

14

32

 

JOHANNESBURG WEST

53

40

59

47

 

SEDIBENG EAST

199

190

201

202

 

SEDIBENG WEST

58

13

12

7

 

TSHWANE NORTH

13

13

10

7

 

TSHWANE SOUTH

40

33

27

21

 

TSHWANE WEST

569

557

600

621

 

Total

1161

1053

1124

1134

KZN

AMAJUBA

33

24

20

17

 

EMPANGENI

21

10

19

21

 

ILEMBE

2

0

0

4

 

OTHUKELA

8

44

8

6

 

PINETOWN

162

173

149

139

 

PORT SHEPSTONE

5

4

6

7

 

SISONKE

0

43

0

3

 

UMGUNGUNDLOVU

253

234

215

225

 

UMKHANYAKUDE

3

0

0

0

 

UMLAZI

187

168

127

135

 

UMZINYATHI

5

12

10

8

 

VRYHEID

32

13

9

0

 

ZULULAND

0

18

0

1

 

Total

711

743

563

566

LP

CAPRICORN

104

111

244

88

 

LEBOWAKGOMO

159

151

0

125

 

MOGALAKWENA

0

0

0

0

 

MOPANI

1

0

29

0

 

SEKHUKHUNE

139

148

149

146

 

TZANEEN

29

25

0

28

 

VHEMBE

213

198

174

189

 

WATERBERG

7

4

6

6

 

Total

652

637

602

582

MP

BOHLABELA

0

2

0

1

 

EHLANZENI

36

30

41

34

 

GERT SIBANDE

5

2

3

6

 

NKANGALA

4

17

20

23

 

Total

45

51

64

64

NC

FRANCES BAARD

33

40

42

43

 

JOHN TAOLO GAETSEWA

2

3

2

 

 

NAMAQUA

0

0

0

0

 

SIYANDA

 

0

0

0

 

Total

35

43

44

43

NW

BRITS

0

0

7

0

 

GREATER DELAREYVILLE

0

3

0

0

 

GREATER TAUNG

0

121

124

126

 

KAGISANO MOLOPO

3

2

7

9

 

KGETLENG RIVER

0

0

0

0

 

LETLHABILE

0

3

4

4

 

LICHTENBURG

10

31

6

23

 

MADIBENG

13

13

8

13

 

MAFIKENG

2

0

1

0

 

MATLOSANA

0

1

0

0

 

MAQUASSI HILLS

 

0

0

0

 

MORETELE

0

0

0

0

 

MOSES KOTANE EAST

4

6

8

2

 

POTCHEFSTROOM

0

0

0

0

 

REKOPANTSWE

8

1

39

2

 

RUSTENBURG

9

12

7

13

 

ZEERUST

0

0

0

2

 

Total

49

193

211

194

WC

CAPE WINELANDS

119

123

127

137

 

EDEN AND CENTRAL KAROO

12

14

13

13

 

METRO CENTRAL

6

2

1

2

 

METRO EAST

10

9

4

4

 

METRO NORTH

252

253

262

269

 

METRO SOUTH

0

0

1

0

 

OVERBERG

1

0

0

0

 

WEST COAST

1

1

0

0

 

Total

401

402

408

425

 National

 

3775

3833

3695

3696

Source: 2012-2015 SNE Snap Survey

(1)(c) Please see the attached excel spreadsheet which provides the number of visually impaired learners that completed National Senior Certificate examinations in Mathematics, Mathematical Literacy and Science in each district and Province

(2)(a) Table 4 below is attached and it shows that, in 2015, there were 167 schools with visually impaired learners nationally. The majority of schools are found in Gauteng (64) followed by KwaZulu-Natal with 28 schools.

Table 4: Number of schools for visually impaired learners, by province and district, in 2012 to 2015

Province

District

2012

2013

2014

2015

EC

EAST LONDON

0

2

0

0

 

GRAHAMSTOWN

0

0

0

0

 

KING WILLIAMS TOWN

2

1

2

1

 

LUSIKISIKI

1

1

1

1

 

MALUTI

0

0

0

1

 

MBIZANA

1

1

1

1

 

MT FRERE

0

0

0

0

 

MTHATA

1

2

1

2

 

NGCOBO

0

0

0

0

 

PORT ELIZABETH

3

2

2

2

 

QUEENSTOWN

0

0

0

0

 

QUMBU

0

0

0

0

 

STERKSPRUIT

0

0

0

1

 

UITENHAGE

0

0

0

0

 

Total

8

9

7

9

FS

FEZILE DABI

2

2

2

2

 

LEJWELEPUTSWA

2

1

1

1

 

MOTHEO

5

4

5

5

 

THABO MOFUTSANYANA

2

2

2

2

 

Total

11

9

10

10

GT

EKURHULENI NORTH

6

6

5

5

 

EKURHULENI SOUTH

3

2

1

3

 

GAUTENG EAST

6

5

7

6

 

GAUTENG NORTH

0

0

0

0

 

GAUTENG WEST

5

6

6

7

 

JOHANNESBURG CENTRAL

3

4

5

5

 

JOHANNESBURG EAST

5

5

8

6

 

JOHANNESBURG NORTH

7

5

1

3

 

JOHANNESBURG SOUTH

4

4

5

4

 

JOHANNESBURG WEST

5

6

5

4

 

SEDIBENG EAST

4

3

4

5

 

SEDIBENG WEST

2

3

3

3

 

TSHWANE NORTH

3

3

3

3

 

TSHWANE SOUTH

4

6

5

4

 

TSHWANE WEST

5

5

5

6

 

Total

62

63

63

64

KZN

AMAJUBA

4

2

2

3

 

EMPANGENI

5

5

4

4

 

ILEMBE

1

0

0

2

 

OTHUKELA

2

2

2

2

 

PINETOWN

3

4

5

4

 

PORT SHEPSTONE

2

2

1

1

 

SISONKE

0

2

1

1

 

UMGUNGUNDLOVU

6

5

3

3

 

UMKHANYAKUDE

1

0

0

0

 

UMLAZI

12

9

5

6

 

UMZINYATHI

1

2

2

1

 

VRYHEID

3

2

2

0

 

ZULULAND

0

0

0

1

 

Total

40

35

27

28

LP

CAPRICORN

6

7

8

6

 

LEBOWAKGOMO

2

2

0

1

 

MOGALAKWENA

0

0

0

0

 

MOPANI

1

 

2

0

 

SEKHUKHUNE

4

4

3

5

 

TZANEEN

1

1

1

1

 

VHEMBE

5

4

5

6

 

WATERBERG

1

1

1

1

 

Total

20

19

20

20

MP

BOHLABELA

0

0

0

1

 

EHLANZENI

2

2

3

2

 

GERT SIBANDE

1

1

1

2

 

NKANGALA

6

6

4

5

 

Total

9

9

8

10

NC

FRANCES BAARD

3

2

2

2

 

JOHN TAOLO GAETSEWA

1

1

1

1

 

 

 

 

 

 

 

SIYANDA

0

0

0

0

 

Total

4

3

3

3

NW

BRITS

0

0

1

0

 

GREATER DELAREYVILLE

0

1

0

0

 

GREATER TAUNG

0

1

2

2

 

KAGISANO MOLOPO

1

0

1

1

 

KGETLENG RIVER

0

0

0

0

 

LETLHABILE

0

2

2

1

 

LICHTENBURG

2

2

1

2

 

MADIBENG

2

1

1

3

 

MAFIKENG

1

0

1

0

 

MATLOSANA

0

1

0

0

 

MAQUASSI HILLS

0

0

0

1

 

MORETELE

0

0

0

0

 

MOSES KOTANE EAST

1

1

1

1

 

POTCHEFSTROOM

0

1

0

0

 

REKOPANTSWE

2

1

1

1

 

RUSTENBURG

2

3

2

2

 

ZEERUST

0

0

0

1

 

Total

11

14

13

15

WC

CAPE WINELANDS

1

1

1

1

 

EDEN AND CENTRAL KAROO

2

2

2

2

 

METRO CENTRAL

3

2

1

2

 

METRO EAST

5

2

1

1

 

METRO NORTH

2

2

2

2

 

METRO SOUTH

0

0

1

0

 

OVERBERG

1

0

0

0

 

WEST COAST

1

1

0

0

 

Total

15

10

8

8

 National

 

179

162

159

167

Source: 2012-2015 SNE Snap Survey

(2)(b) Table 5 is attached and it indicates the number of teachers trained in the field of Braille, by province, in the 2015/16 financial year. It shows that about 412 Grade 1 and 2 educators were trained in 6 of the 9 provinces.

Table 5: Number of educators trained in the field of Braille, by province, in 2015/16 financial year

Province

No. of Schools Targeted

Actual No. of Schools Participated

No. of Teachers Targeted For Grade 1 Braille Traning

Actual No. of Teachers Trained in Grade 1 Braille

No. of Teachers Targeted for Grade 2 Braille training

Actual No. of Teachers Trained on Grade 2 Braille

EC

3

3

64

64

0

0

FS

2

2

54

54

54

54

GT

3

3

65

65

0

0

KZ*

3

0

0

0

0

0

LP

6

6

50

50

0

0

MP*

1

0

0

0

0

0

NC*

1

0

0

0

0

1

NW

1

1

30

30

30

30

WC

2

2

65

65

0

0

Total

22

17

328

328

84

84

*Training in KZN, MP and NC is scheduled for later in the 2015/16 financial year

Source: Information submitted by Provincial Education Departments in March 2016

 

15 June 2016 - NW1056

Profile picture: Gqada, Ms T

Gqada, Ms T to ask the Minister of Human Settlements

(1)Whether her department uses a standard checklist for the upgrading of informal settlements; if not, why not; if so, (2) whether she will provide Ms T Gqada with a copy of the specified checklist; (3) (a) how many informal settlements have been upgraded (i) in the (aa) 2012-13, (bb) 2013-14, (cc) 2014-15 and (dd) 2015-16 financial years and (ii) since 1 April 2016 as part of her department’s informal settlements upgrade programmes, (b) what are the names of these settlements, (c) where is each specified settlement situated and (d) which services did each specified settlement receive during its upgrade?

Reply:

(1) The National Housing Code contains a comprehensive set of guidelines for the upgrading and development of informal settlements. The guidelines assist human settlements and housing practitioners in planning, funding and implementation of the approved informal settlements upgrading policy and programme. It is to be noted that the guidelines contained in the National Housing Code have been bench-marked and aligned to international good practice and that component parts of the South Africa policy, funding and implementation good practice, have been incorporated into international and national country policies and programmes.

In terms of the Upgrading of Informal Settlements Programme (UISP), informal settlement upgrading should be undertaken in phases, with Phases 1 to 3 focusing on community participation, supply of basic services and security for all residents. The priority is to address issues of household health and safety including the provision of interim services as a minimum norm and standard, in the form of reasonable access to water, sanitation, storm water management and road access to households. The current upgrading approach is incremental and infrastructure-led, and recognises that meaningful developmental improvements need to be provided to all informal settlements as rapidly as possible. Upon a settlement having been formalised in the form of planning and tenure security, services and homes are built for qualifying beneficiaries. The upgrading of a specific informal settlement takes place over a multi-year period, and is dependent on a number of factors including stipulated time periods required in the town planning process, applicable specialist studies including environment impact assessments, ecological, heritage, soil, vegetation and geotechnical studies. One of the major time delays are objections to the upgrading of informal settlements when they are situated adjacent to established townships.

(2) The National Housing Code: Upgrading of Informal Settlements Programme systematically details the process and procedure for the in situ upgrading of informal settlements in a structured manner. The key principles to be followed by implementers of the Programme are specified, including,

Community Engagement by their local authorities is of the utmost importance to ensure locally appropriate solutions. A feasibility study is to be conducted on the upgradeability of the settlement, and households must be profiled to determine beneficiaries. Detailed settlement level plans are to be development with the participation of the community;

Tenure: The Programme promotes security of tenure as the foundation for future individual and public investment. A check is done on land ownership to ensure security of tenure;

Suitable land: The programme will only provide funding in respect of informal settlements situated on land suitable for permanent residential development and within an approved IDP of the municipality concerned.

Service standards: The Programme provides funding for the installation of interim and permanent municipal engineering services. Where interim services are to be provided it must always be undertaken on the basis that such interim services constitute the first phase of the provision of permanent services. The nature and level of permanent engineering infrastructure must be the subject of engagement between the local authority and residents. Community needs must be balanced with community preferences, affordability indicators and sound engineering practice;

(3) (a) (i) (aa) During 2012-13 a total of 203 informal settlements were upgraded;

(bb) During 2013-14 a total of 113 informal settlements were upgraded;

(cc) During 2014-15 a total of 127 informal settlements were upgraded;

(dd) During 2015-16 a total of 95 informal settlements were upgraded;

(ii) Since 1 April 2016, 17 informal settlements were upgraded.

(b) to (d) We do report on project developments undertaken in our annual report and I would suggest that the Honourable member consult these reports for information dating back to 2012.

In addition, I wish to remind the Honourable member that during my budget Vote speech in the National Assembly on 3 May 2016, I indicated that urbanisation and the resultant mushrooming of informal settlements is something we are grappling with. I specifically said,

“Last month we had the honour of hosting an International UN conference, in preparation for the Third UN Habitat Conference – a world conference that takes place every 20 years and which will now take place in Quito, Ecuador in October. We had 512 delegates from 54 different countries, and representatives of 54 governments, including 14 Ministers of Housing and we were given the opportunity to shape and influence the future of international human settlement discourse and subsequent policy and practice. The theme of the conference was “Urbanization and Informal Settlements”. This was our choice as host country. We chose it because that is our present and pressing challenge with many of our people still living in squalor in places such as Khayelitsha, Gugulethu, Nyanga, Philippi, Soweto, Orange Farm, Polokwane, Mahikeng, Tshwane, eMlazi and all whom we dedicate today. The conference grappled with the staggering figures presented”.

Despite all the challenges we are faced with, South Africa is counted among the countries that have made significant contributions to improving the lives of those living in informal settlements, and we will continue to do so.

In the recent StatsSA survey, released in March, it is confirmed that amid growing urbanisation, the percentage of people living in informal settlements has dropped from 17% in 2002 to 11% in 2014.

15 June 2016 - NW1360

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Malgas, Ms HH to ask the Minister of Social Development

Whether the substance abuse treatment centres which were scheduled to be built in the Northern Cape have been completed; if not, (a) what are the reasons for non-completion in each case and (b) at what stage of completion is each specified centre?

Reply:

No, there is only one public substance abuse treatment centre that will be built in the Northern Cape and it is not yet completed.

   (a) According to the conditional grant framework and the allocation of funding, this centre is only scheduled to be completed in March 2017.

   (b) The centre is currently in the construction phase.

 

15 June 2016 - NW663

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Davis, Mr GR to ask the Minister of Basic Education

Whether, with reference to her reply to question 4098 on 14 December 2015, she has received the National Education Evaluation and Development Unit’s draft report for the 2014 evaluation year; if not, why not; if so, by which date will the specified report be released?

Reply:

The Minister has not received the report yet.

15 June 2016 - NW1500

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Masango, Ms B to ask the Minister of Agriculture, Forestry and FisheriesQUESTION

(1)     Whether his department was approached by any political party for any form of funding (a) in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years and (b) since 1 April 2016; if so, what are the relevant details in each case; (2) whether his department provided any form of funding to any political party (a) in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years and (b) since 1 April 2016; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

    1.   No

     2.  None

15 June 2016 - NW903

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Mashabela, Ms N to ask the Minister of Basic Education

(1)Has she earned any additional income from businesses, in particular businesses doing work for the Government, since her appointment as Minister; if so, (a) when, (b) how much did she earn, (c) from which businesses and (d) for what work; (2) whether her (a) spouse, (b) children and (c) close family earned income from businesses, in particular businesses doing work for the Government, through her appointment as Minister; if so, in respect of each case, (i) when, (ii) how much did each earn, (iii) from which businesses and (iv) for what work?

Reply:

1. No

    (a)(b) (c) Not applicable

2. (a) (b) (c) No

15 June 2016 - NW1362

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Mahlangu, Mr JL to ask the Minister of Mineral Resources

(1)Whether he is aware (a) of the existence of a provincial heritage site, Canteen Kopje, in the Northern Cape, which is of archeological and heritage significance and is facing imminent destruction, (b) that research at the specified site began in the mid-20th century and has been on-going since 1997 (c) that various excavations in a number of locations at the site have revealed tools dating back 2,3 million years to the three phases of the Acheulean hand axe, Middle and Later Stone Age occupations, a Tswana/!Kora occupation relating closely to local communities and the remains of historic activities, (d) that a mining permit was issued in 2014 and the SA Heritage Resources Agency successfully acquired a Cease Works Order which was lifted in March 2016 after which work by a diamond mining company commenced on 16 March 2016, (e) that the current mining programme will, conservatively estimated, destroy up to 40% of the heritage site, (f) that the fenced-off area includes the excavation areas of the University of the Witwatersrand and of Toronto and the area developed for tourism, (g) that no heritage impact assessment or archaeological impact assessment was conducted and the mining company does not have a heritage permit, which is in contravention of the National Heritage Resources Act, Act 25 of 1999, (h) that there is a conservation management plan for the site and (i) that our country has a constitutional, legal and moral obligation and responsibility to preserve and protect the heritage resources and resources with archaeological significance; if so, what steps does he intend to take to ensure the protection and preservation of the specified heritage resources; (2) (a) how many schools for the visually impaired learners are registered with each provincial department of education and (b) how many appropriately trained educators in the field of braille are teaching at schools for the visually impaired?

Reply:

  1. The legality, lawfulness or otherwise of the activity in question is currently the subject of legal proceedings before the High Court. 
  2. The Department’s further conduct in this matter will be guided by the outcome of these legal proceedings.

 

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

14 June 2016 - NW1597

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De Freitas, Mr MS to ask the Minister of Transport

(a) What are the full reasons for non-compliance of SA Express which led to the SA Civil Aviation Authority grounding the specified entity from flying, (b) what was the timeframe given for the specified entity to become compliant, (c) what follow-up inspections were undertaken in this regard, (d) (i) when and (ii) by whom were the specified inspections conducted and (e) what were the results of the specified inspections in each specified case?

Reply:

South African Civil Aviation Authority (SACAA)

(a) Iam informed that the reasons where the management and implementation of corrective actions and measures to rectify operational and maintenance issues identified during operations.

(b) SA Express was given seven (7) days to comply, i.e. provide an adequate corrective action plan to address identified inefficiencies in their systems.

(c) Following the suspension of SA Epress’ air operator certificate, the South African Civial Aviation Authority (SACAA) has intensified its oversight over this operator. The SACAA’s continued inspections included an audit of the organisation’s capabilities and internal control in relation to airline/flight operations and aircraft maintenance. In addition, the SACAA continues to focus on:

  • Monitoring the effective implementation of the operator’s corrective action plan submitted following the suspension of their approval;
  • Aircraft Maintenance Records; and
  • Rectification of Maintenance Defects.

(d) (i), Inspections took plance on 02 and 03 June 2016; (ii) conducted by the SACAA’s Authorised Officers (Safety Oversight Inspectors) from the SACAA’s Aviation Operations Division.

(e) Implementation of the SA Express Corrective Action Plan is on-going and is progressing well. SACAA has not picked up a repeat of the issues raised in the audit that led to the suspension of the operator’s Air Operator Certificate.

14 June 2016 - NW1601

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America, Mr D to ask the Minister of Transport

(1)Whether any policies have been put in place to ensure that employees from (a) her department and (b) each entity reporting to her undergo advanced driving courses; if not, why not; if so, what are the relevant details; (2) (a) how many employees from (i) her department and (ii) each entity reporting to her have undergone advanced driving courses in the (aa) 2013-14, (bb) 2014-15 and (cc) 2015-16 financial years, (b) what were the costs in this regard and (c) what criteria were used to select employees to undergo the specified courses?

Reply:

Department

(1) (a) No employees within the Department underwent advanced driving courses. The Department does not have a plan for employees to attend such courses.

(1) (b)

(2) (a) (i) (aa) 2013 – 14 – None

(2) (a) (i) (bb) 2014 – 15 – None

(2) (a) (i) (cc) 2015 – 16 – None

(2) (b) Not applicable

(2) (c ) Not applicable

Airports Company South Africa SOC Limited (ACSA)

1.(b) None of the ACSA Corporate office drivers or employees has attended advanced driving courses. ACSA intends sending all drivers for an advance driving course in the current financial year.

(2) Please refer to response provided in 1 (b) above.

Air Traffic and Navigation Services SOC Limited (ATNS)

1.(b) As per ATNS Technical Services instructions, all ATNS Technical Support staff attend an advanced 4 X 4 drivers training course on an annual basis. This is typically a 2 day training course where participants receive both theoretical and practical training.

(2) (a) (ii) None

(aa) 2013-14: 134 Technical Staff members approximately R 108, 540-00

(bb) 2014-15: 132 Technical Staff members approximately R112, 860-00

(cc) 2015-16: 130 Technical Staff members approximately R117, 000-00

(b) For the 2015-2016 financial year the typical cost of a 2 day advanced 4 X 4 drivers training course was R900 per person.

(c) All ATNS staff members, who are required to drive to remote communications, navigation or surveillance sites as part of their routine work activities, are required to attend an advanced 4 X 4 drivers training course.

South African Civil Aviation Authority (SACAA)

1. (b) The nature of the South African Civil Aviation Authority’s (SACAA) mandate and duties undertaken by its employees does not warrant them to undergo advanced driving courses.

2. (a) (i) N/A (ii) None (aa) None, (bb) None and (cc) None, (b) N/A (c) N/A.

South African National Roads Agency Limited (SANRAL)

(1) (b) At SANRAL all project managers that had to travel officially to construction sites underwent advance driving courses up to November 2013. This has since been stopped due to the National Treasury cost containment measures published in November 2013.

(2) (a)(ii)(aa) For SANRAL our 2 survey vehicle drivers was send on advance truck driving course (bb) None, and (cc) None,

(b) R4 050-00 per driver

(c) Required by the truck manufacturer that supplied the truck for the survey vehicle as part of the warranty agreement.

Cross-Border Road Transport Agency (CBRTA)

1. (b) The C-BRTA does not have any policies in place to ensure that employees undergo through advanced driving courses. While the C-BRTA is aware that advanced driving courses will contribute to road safety, due to financial contraints no advanced driving training has been rolled out to employees. We however continue to work with other stakeholders in the road transport industry for collaborative partnerships with a view to promote road safety.

2. (a) (ii) (aa) 2013-14 None

(bb) 2014-15 None and (cc) None in 2015-16 financial years

(b) No costs were incurred as no advanced driving courses were offered.

(c) Not applicable as no employees were offered the advanced driving training in the 2013-14, (bb) 2014-15 and (cc) 2015-16 financial years, those that would have undergone would have done so in their personal capacity.

Road Accident Fund (RAF)

1. (b) The RAF has not put policies in place to ensure that employees undergo advanced driving courses; the RAF has however arranged for defensive driver training which included four employees);

2. (a)(ii) (aa) None

(bb) None, and (cc) Four (4)

(b) the cost related to the four employees attendance of the defensive driving course was R 4 200 (VAT inclusive), and

(c) no criteria applied specifically to the employees’ selection for enrolment for the defensive driving course

.

Road Traffic Management Corporations (RTMC)

  1. (b) The RTMC does not have a policy that compels employees to undergo advanced driving courses. However the RTMC realized the importance of such training for members of the National Traffic Police and has included such practical training as a module in the training of National Traffic Officers.
  1. (aa) In 2013-14 six (6) employees

(bb) in 2014-15, 184 employees and (cc) 2015-16 None employee undertook advanced driver training.

(b) R90 222

(c) Training was provided as part of the up-skilling of National Traffic Officers.

Road Traffic Infringement Agency (RTIA)

1. (b) The RTIA does not have a policy that compels employees to undergo advanced driving courses. However, The entity’s approved HR strategy seeks to place Road Safety at the core of organisational culture and as such driver behaviour programmes including advanced driving training will be implemented

2. (a) (aa) 2013-14 – None

(bb) 2014-15 – None , and (cc) 2015-16 – None

(b) N/A

 (c) N/A

Passenger Rail Agency of South Africa (PRASA)

1. (b) The current fleet policy is silent on driver training and advanced driving. However, the company is in the process of reviewing its fleet policy and driver training is included in as follows:-

“All drivers/officials will be evaluated at regular intervals and training will be undertaken to ensure that they comply with the legislated laws”.

2. No employee of PRASA has undergone advanced drive training.

Railway Safety Regulator (RSR)

(1). The Railway Safety Regulator (RSR) does not have a policy in place that ensures employees undergo advanced driving course. The nature of the work done does not require driving skills. The majority of our work is done within the railway environment.

(2) Not applicable. Refer to 1 above.

South African Maritime Safety Authority (SAMSA)

  1. There is currently no policy for advance training.
  2. None of the employees have gone through advance training courses. Advanced Driving Courses were not budgeted for in the previous financial years.

None of the employees have done advance driving courses.

Ports Regulator of South Africa

  1. (b) The Ports Regulator has not spent any funds to train and develop employees for advanced driving lessons. This is because the job requirements for all Ports Regulator employees do not require employees to utilise advanced driving skills.
  2. (a) (ii) No employee of the Ports Regulator has undergone advanced driving courses in (aa) 2013/14, (bb) 2014/15 and (cc) 2015/16. (b) not applicable, (c) not applicable

14 June 2016 - NW1491

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Malatsi, Mr MS to ask the Minister of Justice and Correctional Services

(1) (a) How many times has the Commission on Gender Equality (CGE) issued subpoenas against (i) individuals, (ii) private organizations, (iii) public organizations and (iv) government departments since its inception in 1996, (b) on what date was each subpoena issued and (c) what were the reasons in each respective case; (2) whether each specified individual, organization or department complied with each specified subpoena; if not, (a) which individuals, organizations or departments did not comply and (b) what steps, if any, did the CGE take in cases where its subpoenas were ignored?

Reply:

In view of the fact that the Minister for Women in the Presidency is responsible for the administration of the Commission on Gender Equality Act, 1993,( Act 39 of 1996) it is recommended that Honourable Member approach the Minister for Women in the Presidency for the said information.

The Commission for Gender Equality could further be approached directly for the submission of this information. Section 181(5) of the Constitution of the Republic of South Africa, 1996, provides that the institutions strengthening constitutional democracy in the Republic, including the Commission for Gender Equality, are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.

 

14 June 2016 - NW1630

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Cassim, Mr Y to ask the Minister of Higher Education and Training

(1) How many students (a) applied for, (b) were denied and (c) were successfully granted financial aid from the National Student Financial Aid Scheme (NSFAS) for the 2016 academic year at the University of Fort Hare; (2) how many of the specified students who were granted financial aid from NSFAS have (a) signed their loan agreement and (b) received (i) the full amount, (ii) part of the amount and (iii) none of the amount; (3) (a) how much funding has been assigned by NSFAS to the specified (i) university and/or (ii) students at the specified university for the 2016 academic year and (b) what amount of the specified funding (i) has already been transferred by the specified university and (ii) remains available to be transferred?

Reply:

1. (a) 9 854 University of Fort Hare (UFH) students applied for financial aid from the National Student Financial Aid Scheme (NSFAS).

(b) 542 UFH students who had applied for financial aid from NSFAS were unsuccessful and were not awarded financial aid.

(c) 8 889 UFH students were successful in their NSFAS applications. The remainder of the students would have applied elsewhere and could have been successful.

2. (a) Of the 8 889 successful students, 7 605 students have signed their loan forms. Students receiving bursaries will not have to sign loan forms.

(b) (i) All successful students have been awarded the full funding for which they had applied. At this stage in the financial year, no student would have received the full funding allocated to them.

(ii) The university has received some of the allocated funds as shown in the table below. NSFAS does not have information regarding which students have received some of their funding. UFH will have to be approached to provide this information.

(iii) NSFAS does not have information regarding which students, if any, have not yet received any funding. UFH will have to be approached to provide this information.

It should be noted that UFH applies the full funding model in terms of the Means Test and all students are assessed accordingly. Applications for Honours Students are still open for the current academic year and the above figures will increase once the applications for 2016 have closed and financial aid is awarded.

3.(a) The total amount of funding allocated by NSFAS to UFH for student financial aid (from all funding streams) for the 2016 academic year is R819 million, as indicated in the table below. Of this, R89.9 million has already been transferred by NSFAS to the university in the form of upfront payments and in-year payments against claims on the DHET Loan fund.

Category Description

Amount Allocated

(3b)(i)Upfront Transfer

(3 b)(i)Payments in addition to Upfront transfer

 

R

R

R

NSFAS DHET Loan

102 065 099

30 619 530

5 353 829

NSFAS DHET Teacher Education

1 756 454

526 936

 

DHET Final Year Funding

58 988 779

17 696 634

 

Funza Lushaka

52 180 550

19 650 000

 

Social Development: National

11 349 415

 

 

NSFAS DHET Disability

1 828 553

548 566

 

NSFAS National Dept. of Agriculture

595 313

280 000

 

NSFAS DHET NSF

47 492 949

14 247 885

 

NSFAS NSF General Bursary Fund

1 736 964

 

 

NSFAS: EC Scholarship

50 000

 

 

NSFAS DMV Bursary

1 436 000

 

 

NSFAS DOL/Strategic Based Fund

11 706 630

   

NSFAS Historic Debt

315 259 367

   

NSFAS NSF Post Graduate Funding

3 327 880

998 364

 

NSFAS NSF NIHSS

2 142 000

 

 

NSFAS KGODISO* Loan Fund

208 041 930

 

 

TOTAL

819 957 883

84 567 915

5 353 829 

Note: * The KGODISO Loan Fund is the additional funding received from National Treasury in the 2016/17 financial year to support the un- and under-funded continuing students to complete their qualifications.

(b) (i) All funding allocations to UFH have been communicated and allocated to the respective students under the various categories, with the exception of the National Skills Fund Post Graduate Funding category, where applications have not yet been closed. This will be allocated to students during the second semester.

  (ii) See above table.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1630 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

14 June 2016 - NW1596

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De Freitas, Mr MS to ask the Minister of Transport

(1)(a) What transport plans (i) have been and/or (ii) are being put in place by (aa) her department and (bb) each entity reporting to her for the 2020 Commonwealth Games, (b) what are the respective timeframes and milestones in this regard and (c) what processes, procedures and/or mechanisms have been put in place to ensure that all specified milestones are reached; (2) (a) what amount has been budgeted in each specified case and (b) within which financial years?

Reply:

1. The Department transfers funds to SANRAL for maintenance and rehabilitation of non-toll roads. The Provincial Road Maintenance Grant (PRMG) allocation is a supplementary to the province toward investments in maintenance and rehabilitation of provincial roads whereas Municipal Infrastructure Grant (MIG) funding is administered by Department of Cooperative Governance and Traditional Affairs.

(a)(b)(c) With regards to national and provincial roads, maintenance and rehabilitation are ongoing, and the Department is awaiting for engagements with Ethekwini Municipality on critical projects that need focus. The Department shall consider any capacity requests from the municipality on implementation of critical projects that would be identified.

SANRAL will continue with its own normal routine road maintenance work to ensure that the national road network in KwaZulu-Natal is in good condition.

2. (a)(b) At the moment, no request was forwarded to the Department though maintenance is continued in the vicinity of the targeted area. Budgets will be allocated as soon as engagements with Treasury as well as host city have taken place.

Public Transport Branch

The Department of Transport and the eThekwini Transport Authority are working together

through the delivery of Integrated Rapid Public Transport Network (IRPTN) for the

Commonwealth Games in 2022. The IRPTN is expected to enhance capacity to be able

to address all the spectator and visitors’ transport needs, as well as some of the athletes’

Transport needs.

(1)(b) It is planned that the following elements of the IRPTN, most of which are already being implemented, will be in place in time for the Games:

    1. C3 Corridor: Pinetown – Bridge City/KwaMashu, start of operations around July 2017
    2. C9 Corridor: Bridge City/KwaMashu – Cornubia (Athletes’ Village) – Umhlanga, start of operations around July 2019
    3. C2 Corridor (rail by PRASA): Bridge City/KwaMashu – CBD – Umlazi), introduction of new trains in the second half of 2018
    4. Inner City Distribution System (ICDS) in CBD: a portion is already in operation from the 2010 FIFA World Cup. The extended network will be fully operational around July 2019
    5. Airport to CBD service contract, along mainly the N2 and M4 links (Contract expected to be awarded around January 2017). In addition, discussions are also underway to look at the possibility of accelerating the implementation of the C8 Corridor (Airport – Cornubia/Athletes’ Village – Umhlanga – CBD) from Phase 3 of the IRPTN to Phase1.

The Department and the eThekwini Authority meets on a quarterly basis to consider project progress on the delivery of IRPTNs.

For the event itself, a high level event transport plan has been put together to address the requirements of the athletes, Commonwealth Games Family, VIP’s and Games’ support. This plan will be fine-tuned as event sites are firmed up.

2. In the 2016/17 Medium Term Expenditure Framework, the city of eThekwini will receive a total amount of almost R3 billion from the Public Transport Network Grant (PTNG) for its Integrated Rapid Public Transport Network, and about R1.8 billion of City’s own contribution specifically to deliver on these. No provision has yet been made for event transport, this will be done in future financial years. Some R30 million will be provided in the 16/17 MTEF for the planning.

14 June 2016 - NW1593

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Robertson, Mr K to ask the Minister of Justice and Correctional Services

Whether, with reference to (a) the Minister of Police’s reply to question 671 on 1 April 2016 and (b) his reply to question 1275 on 20 May 2016, a certain docket (details furnished) has been submitted for prosecution yet; if not, 2) (a) is the specified case still being discussed at the National Prosecuting Authority and (b) what progress has been made with regard to establishing the course of action for the specified case; if so, what (i) is the charge against the accused and (ii) progress has been made with the specified prosecution to date?

Reply:

I wish to inform the Honourable Member that the National Prosecuting Authority has informed me that:

  1. The said docket was indeed forwarded to the Deputy Director Public Prosecutions: Nelspruit for a decision on 31 March 2016.
  2. The docket was returned to the Senior Public Prosecutor on 10 May 2016 with a request for further investigation, who in turn sent an instruction to the South African Police Services to conduct further investigation as directed.

14 June 2016 - NW1641

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Alberts, Mr ADW to ask the Minister of Justice and Correctional Services

What is the real reason that the National Prosecuting Authority (NPA) has decided to appeal against the finding of the High Court, in which it was found that the decision of the NPA to suspend the prosecution of the President, Mr Jacob G Zuma, in terms of the 783 charges of gangsterism, corruption and fraud, had been irrational; 2) why is the NPA not giving the President an opportunity to answer to the charges in a criminal court; 3) whether the NPA when they decided to appeal took into consideration the judgment of the Supreme Court of Appeal in the case National Director of Public Prosecutions v Zuma (2009), where the finding of Judge Nicholson was rejected, and the findings of the Constitutional Court in the case Albutt v Centre for the Study of Violence and Reconciliation and Others (2010) and the case Democratic Alliance v President of the Republic of South Africa and Others (2011); if not, why not; if so, (a) why is the NPA then persisting with an appeal when the margin for success is slim and (b) whether the NPA cannot therefore face prosecuting the President?

Reply:

As advised, I wish to inform the Honourable member that the National Prosecuting Authority (NPA) has premised its application for leave to appeal to the Supreme Court of Appeal against the judgment and order of the full bench of the Gauteng Division of the High Court, in the matter of Acting National Director of Public Prosecutions and 2 Others v Democratic Alliance, which was handled down on 29 April 2016, on six (6) grounds which are set out in its papers, filed on 23 May 2016. The application for leave to appeal is set down for hearing on 10 June 2016.

The effect of the decision of the full bench of the Gauteng High Court is that, absent an application for leave to appeal, would fall upon the National Director of Public Prosecutions (NDPP) to consider the matter.

On 23 May 2016, the NDPP took the public into his confidence in announcing the NPA’s decision to appeal the decision of the full bench of the Gauteng High Court and went to great lengths to explain the NPA’s decision.

The issues raised in the application for leave to appeal are of great constitutional import and relate to the powers of the NDPP. The judgement and order being appealed against impinge upon the independence of the NPA and its powers to make prosecutorial decisions. This has raised vital constitutional questions of peculiar public interest.

In the first ground of appeal, the NPA submitted that the Court erred in finding that Mr Mpshe, by not referring the complaint of abuse of process and the related allegations against Mr McCarthy to Court, rendered his decision irrational. In effect, the Court found that Mr Mpshe acted ultra vires his powers as vested in section 179(5)(d) of the Constitution and section 22(2) of the National Prosecuting Authority Act 32 of 1998 (‘the NPA Act’). In the foreign case referred to by the Court, namely HKSAR v Lee Ming Tee, case FACC no.1 (2003), the Hong Kong Court conceded that the question is ‘debatable’ and went no further than expressing what it considered to be ‘the better view’.

As a matter of logic, there seems to be no reason why the head of the prosecuting service may not take it upon himself to determine that the abuse was so egregious as to warrant discontinuation, even in the absence of a direct causal nexus between the abuse and the prospects of a fair trial. In fact, the NDPP has taken an oath to protect and defend the Constitution. His duty is to protect the institutional integrity of the institution. He is best positioned to weigh the seriousness of abuse within his own hierarchy. If, as in this matter, the NDPP misconducts himself in the internal review of prosecution, it is always open for the matter to be taken on review.

 

It is a trite principle that a prosecutor is vested with a very broad discretion. The public interest must always factor in his determinations – to the extent that it is not obligatory that every person he considers guilty must be charged. In argument on behalf of the First and Second Respondents, reference was made to Regina (Corner House Research & Another) v Director of the Serious Fraud Office [2008] 3 WLR 568. One finds reference to the principle that there is no rule that criminal offences must automatically be the subject of prosecution. In line with the principles of the common law, there is no principle of compulsory prosecution: prosecutors always have discretion whether or not to institute a prosecution and, if so for which offence.

It is emphasised that in the present case, the senior management of the NPA formed the view that it was not in the public interest to proceed with the prosecution in light of the conduct of Mr McCarthy. It would be artificial and make no sense for the prosecutor who has formed the view that the prosecution should not be proceeded with, to wait for the accused to bring an application to stay the prosecution and to then acquiesce.

In the second ground of appeal, the Court found that the envisaged prosecution against Mr Zuma was not tainted by the allegations against Mr McCarthy. In this regard, the NPA submitted that the Court should have found that the prosecutorial process was tainted and that it was not irrational to decide to discontinue the prosecution. The Court stated that Mr Zuma should face the charges as outlined in the indictment. In this regard, the NPA submitted that the Court erred.

This finding by the Court is an inappropriate transgression of the separation-of-powers doctrine, which precludes the courts from impermissibly assuming the functions that fall within the domain of the executive. In terms of the Constitution, the NDPP is the authority mandated to prosecute crime. A court can only be allowed to interfere with this constitutional scheme on rare occasions and for compelling reasons. The NPA submitted that no such reasons exist in this matter.

In so far as the third ground of appeal is concerned, the Court referred to Mr Mpshe’s reference in his media address to the case of R v Latif [1996] 1 WLR 104, in which the Court stated that the Judge must weigh in the balance the public interest in ensuring that those who are charged with grave crimes should be tried against the competing interest in not conveying the impression that the Court will adopt the approach that the end justifies any means.

The Court referred to the ‘balancing of two imperatives’, and said that Mr Mpshe omitted to consider or deal with the second imperative in his media release (namely, protecting the public from serious crime). In this regard, the NPA submitted that the Court erred in finding that Mr Mpshe did not balance the two imperatives. In Mr Mpshe’s media statement, under the heading ‘Background’, Mr Mpshe stated that the NPA had received representations pertaining to the following issues:

  • The substantive merits;
  • The fair trial defences;
  • The practical implications and considerations of continued prosecution; and
  • The policy aspects militating against prosecution

Mr Mpshe continued:

I need to state upfront that we could not find anything with regard to the first three grounds that militate against a continuation of the prosecution, and I therefore do not intend to deal in depth with those three grounds. I will focus on the fourth ground which I consider to be the most pertinent for purposes of my decision ...”

In this regard the NPA submitted that it is therefore clear that Mr Mpshe did consider the merits. But for the manipulation of the process, the prosecution would have continued on the merits. Mr Mpshe made it clear that he considered that the public interest factor outweighed the continued prosecution of Mr Zuma, notwithstanding that the prosecutors felt firmly about the merits of the case.

It needs to be emphasized that the NDPP is vested with a discretion which is his alone to exercise provided he is not mala fide. Even if his decision is not one which someone else or the Court would have taken, and even if it was unreasonable, it is not a basis to set it aside, absent irrationality. In R v Latif, supra, 112 F, Lord Steyn said:

“It is well established that the court has the power to stay proceedings in two categories of case, namely (i) where it will be impossible to give the accused a fair trial, and (ii) where it offends the court's sense of justice and propriety to be asked to try the accused in the particular circumstances of the case. In the first category of case, if the court concludes that an accused cannot receive a fair trial, it will stay the proceedings without more. No question of the balancing of competing interests arises. In the second category of case, the court is concerned to protect the integrity of the criminal justice system”.

The Court found that once Mr Mpshe had said the alleged conduct of Mr McCarthy had not affected the merits of the charges against Mr Zuma, cadit quaestio, there was no rational connection between the need to protect the integrity of the NPA and the decision to discontinue the prosecution against Mr Zuma. In this regard, the NPA submitted that the Court erred. The NPA further submitted that where the rule of law is undermined, it may be rational to stop the prosecution.

There is ample authority to the effect that conduct amounting to an abuse of process is not confined to that which precludes a fair trial; and this proposition is also a necessary indicant of the rule of law.

In so far as the fourth ground of appeal is concerned, the NPA submitted that the Court erred in finding that ‘the essence’ of the argument on behalf of the First and Second Respondents was that, having regard to the Browse Mole report criticising Mr McCarthy’s conduct in leaking information to the media, and the contents of the transcript of certain telephone conversations, Mr Mpshe was justified in deciding to discontinue the prosecution of Mr Zuma and that his decision was rational.

In this regard the NPA made the following submissions:

  • It was rather the ‘First and Second Respondents’ case that, contrary to the NPA’s statutory obligation to make independent prosecutorial decisions, Mr McCarthy influenced and made decisions related to the timing of the prosecution that were intended to harm Mr Zuma’s chances of successfully challenging the former President, Mr Mbeki at the Polokwane electoral conference for the position of African National Congress (ANC) President, and boosting Mr Mbeki’s prospects of retaining his tenure as such.
  • The NPA process had been abused for political reasons. Mr McCarthy and Mr Ngcuka manipulated the NPA to assist Mr Mbeki in his battle against Mr Zuma. The impugned decision to discontinue the prosecution was intended, inter alia, to send a clear message that political interference in the work of the NPA would not be tolerated.
  • In essence the First and Second Respondents case was that the conduct of Mr McCarthy, who, qua Director of Special Operations, was in effect the head of the prosecution authority for purposes of the case against Mr Zuma, was so egregious, and the process so tainted, that it was not in the public interest to pursue the prosecution. Even to the extent that the Court might have differed as to the particular manner in which Mr Mpshe exercised his discretion, it was not open to displace his determination, namely, that it was more important to restore and maintain the integrity and independence of the prosecution authority than to pursue the conviction of a single individual, no matter how prominent.
  • The main reason for opposing the application was that Mr McCarthy unduly influenced and interfered with the service of the indictment for political reasons. This found its way into Mr Mpshe’s address to the media on 6 April 2009, when he referred to Messrs McCarthy and Ngcuka having manipulated the timing of the envisaged service of the indictment to Mr Zuma for political reasons.
  • Far from being, as erroneously found by the Court a quo to be, the essence of the case of the First and Second Respondents, the Browse Mole report was simply evidence to demonstrate that Mr McCarthy had for some time followed an agenda to besmirch Mr Zuma, with a view to cementing the position of Mr Mbeki. It is emphasized that it was Mr McCarthy who instituted an investigation against Mr Zuma in terms of section 28(1)(a) of the NPA Act. The Browse Mole report simply demonstrated the unethical conduct of Mr McCarthy.

In so far as the fifth ground of appeal is concerned, the NPA submitted that the Court erred in finding that the form of censure Mr Mpshe chose, by discontinuing the prosecution, failed to demonstrate a connection or linkage to the alleged conduct of Mr McCarthy.

The principle of legality requires that the exercise of public power must be rationally related to the purpose for which the power was given. Mr Mpshe, as the Acting NDPP, had the power to discontinue the prosecution. The NPA submitted that the Court erred in finding that he did not. His decision was indeed rationally related to the purpose for which the power was conferred. The purpose of that power in this context may be to guard against manipulation, and ensure that all persons who are the subject of a prosecution, are dealt with in a manner which is fair, and by an independent authority not suborned or manipulated for political needs; further that the prosecution process is not in any way manipulated for an extraneous purpose unconnected to the actual prosecution. The NPA accordingly submitted that this establishes the link required for rationality. The aforementioned must be seen in the light of the Court’s finding that the alleged conduct of Mr McCarthy as appears from the transcript of the recorded conversations, if proven, constitutes a serious breach of the law and prosecutorial policy.

In so far as the sixth ground of appeal is concerned, the NPA submitted that the Court erred in its findings in paragraphs 76 to 79 of the judgment, in which it failed to appreciate the true reason for the decision of Mr McCarthy and Mr Ngcuka to delay the service of the indictment.

It is a common cause that Mr McCarthy and Mr Ngcuka were bent upon ensuring that the indictment was served after the Polokwane conference, where Mr Mbeki and Mr Zuma would be vying for the Presidency of the ANC. Hofmeyr, inter alia, states in his affidavit:

Before the Polokwane conference, Ngcuka and others opposed to Zuma, debated amongst themselves whether or not Mbeki’s chances of retaining the ANC Presidency would be strengthened by delaying the prosecution. Correctly or incorrectly, they believed that Mbeki’s chances of defeating Zuma would be strengthened if the prosecution were to be delayed. McCarthy did as he was asked to do although it was clear that at times, he did not agree with Ngcuka’s instructions. Ultimately, McCarthy ensured that the prosecution was delayed. He did so for one reason only, to bolster Mbeki’s chances of successfully defeating Zuma’.

It is clear that Mr McCarthy and Mr Ngcuka believed that the service of the indictment shortly before the Polokwane conference would provoke a reaction and backlash from persons attending the conference who would consider that this was being done in order to besmirch Mr Zuma and to advantage Mr Mbeki. That would, so they believed, move delegates to rally around Mr Zuma.

That they may have miscalculated does not detract from the fact that Mr McCarthy persuaded Mr Mpshe to delay service of the indictment which he believed would disadvantage Mr Mbeki if the NPA did not hold back. It was against this background that Mr Mpshe decided that Mr Zuma’s continued prosecution would be untenable.

The NPA, as any other litigant, has the right to appeal the decision of any judicial proceedings. In this matter, the NPA believes it has reasonable prospects of succeeding the prosecution of its appeal.

Therefore, it is incorrect that his Excellency, the Honourable President of the Republic had at any stage faced charges of gangsterism as contended by the Honourable member. All charges of corruption were withdrawn against the Honourable President prior to being elected as President of the Republic.

13 June 2016 - NW1576

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Steyn, Ms A to ask the Minister of Police

(1)How many (a) police stations serve the Senqu Local Municipality in the Eastern Cape, (b) police officers are employed in each specified police station, (c) vehicles are assigned to each specified police station and (d) vehicles are in a functioning condition at each specified police station; (2) whether any suspects escaped from police holding cells at each of the specified stations (a) in (i) 2011, (ii) 2012, (iii) 2013, (iv) 2014, (v) 2015 and (b) from 1 January 2016 to the latest specified date for which information is available; if so, (i) how many suspects escaped in each of the specified stations in each of the specified years and (ii) what were the specified suspects apprehended for in each case; (3) whether any of the suspects who escaped were apprehended again; if not, why not; if so, after how long?

Reply:

1. The South African Police Service is not structured according to Local Municipalities but according to Clusters and Police Stations. The tables below depict the actual personnel that worked at each of the specified stations, the allocated police vehicles and the condition of those vehicles:

Senqu Local Municipality

(a) Police Station

(b) Total Actual Personnel

Palmietfontein

47

Phumalanga

42

Rhodes

22

Rossouw

21

Sterkspruit

115

Lady Grey

45

Barkly East

62

(1)(c)&(d)

         

Senqu Local Municipality

STATION

Total Actual Vehicles

Vehicles Recommend for board

Vehicles in Workshop

Grand Total

Palmietfontein

10

2

2

14

Phumalanga

6

 -

3

9

Rhodes

4

1

1

6

Rossouw

2

3

1

6

Sterkspruit

16

2

9

27

Lady Grey

4

5

9

Barkly East

9

2

10

21

         
         

(2)(a)(i) Yes

(2)(a)(ii) Yes

(2)(a)(iii) Yes

(2)(a)(iv) No

(2)(a)(v) Yes

(2)(b) Yes, from 1 January 2016 to 30 April 2016

(2)(b)(i)

Year

Police Station

Number of escapees

2011

Lady Grey

1

2012

Lady Grey

1

2013

Sterkspruit

1

2014

Not applicable

None

2015

Lady Grey

2

 

Sterkspruit

1

 

Sterkspruit

1

1 January 2016 to 30 April 2016

Sterkspruit

1

(2)(b)(ii)

Year

Police Station

Reason for apprehension

 

Charge

CAS

2011

Lady Grey

Housebreaking and theft

CAS 20/04/2011

2012

Lady Grey

Possession of dagga

CAS 21/06/2012

2013

Sterkspruit

Murder

CAS 139/10/2012

2014

Not applicable

None

None

2015

Lady Grey

Robbery

CAS 62/12/2014

 

Sterkspruit

House Robbery

CAS 76/02/2016

 

Sterkspruit

Rape

CAS 144/09/2015

1 Jan to 30 April 2016

Sterkspruit

Rape

CAS 5/04/2016

(3)

Year

Police Station

Suspect apprehended again; if not, why not; if so after how long

2011

Lady Grey

Yes, within 24 hours

2012

Lady Grey

Yes, within a month

2013

Sterkspruit

No, police are still tracing the escapee

2014

None

Not applicable

2015

Lady Grey

Yes, within a month

 

Sterkspruit

Yes, within 48 hours

 

Sterkspruit

No, police are still tracing the escapee

1 Jan to 30 April 2016

Sterkspruit

Yes, within 48 hours

13 June 2016 - NW1636

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Police

(a) What was the average number of cases assigned to each detective at the (i) Diepsloot, (ii) Gelvandale, (iii) Bethelsdorp, (iv) Temba, (v) Manenberg, (vi) Grahamstown and (vii) Cape Town Central Police Stations in the (aa) 2011-12, (bb) 2012-13, (cc) 2013-14, (dd) 2014-15 and (ee) 2015-16 financial years and (b) what is the total number of (i) the specified cases that were closed undetected and (ii) dockets that went missing in the specified financial years?

Reply:

(a) Average number of case dockets assigned to each detective at the given police stations per month in each of the given financial years are as follows:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot

25

49

49

60

75

(ii) Gelvandale

51

57

56

43

38

(iii) Bethelsdorp

49

49

48

60

46

(iv) Temba

152

175

191

204

197

(v) Manenberg

57

137

102

121

134

(vi) Grahamstown

49

37

27

55

68

(vii) Cape Town Central

77

86

112

112

100

(b) (i) Total number of cases closed as undetected at the specific police station within each given financial year:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot

2257

2033

2173

2674

3057

(ii) Gelvandale

1970

1728

2260

1720

1909

(iii) Bethelsdorp

3003

2809

2889

2635

2676

(iv) Temba

5601

4854

4102

5279

5387

(v) Manenberg

1787

2263

2561

2920

2093

(vi) Grahamstown

2928

2551

2194

1950

1515

(vii) Cape Town Central

11080

11540

11341

10938

10833

(b) (ii) The following number of case dockets registered at the specific police station went missing during the given financial years:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot

0

0

0

0

0

(ii) Gelvandale

0

0

0

0

0

(iii) Bethelsdorp

0

0

0

0

0

(iv) Temba

0

0

0

0

0

(v) Manenberg

0

0

0

0

0

(vi) Grahamstown

0

0

0

0

0

(vii) Cape Town Central

2

5

0

0

0

13 June 2016 - NW1614

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1314 on 20 May 2016, how many drug-related cases from the Norkem Park Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Norkem Park Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

280

150

148

(b) Successful conviction (guilty)

1

9

7

13 June 2016 - NW1619

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Bhanga, Mr BM to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1319 on 20 May 2016, how many drug-related cases from the Edenvale Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Edenvale Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

302

310

330

(b) Successful conviction (guilty)

58

41

19

 

13 June 2016 - NW1609

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Cardo, Dr MJ to ask the Minister of Economic Development

When will the provision of the Competition Act‚ Act 89 of 1998, as amended, which states that a person found guilty of an offence under the competition laws may be fined up to R500 000 or imprisoned for up to 10 years‚ be implemented?

Reply:

Implementation of Section 13 of the Competition Amendment Act, 2009 (Act No1 of 2009) came into effect on the publication of the Proclamation in the Government Gazette on 9 June 2016.

-END-

13 June 2016 - NW1612

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1312 on 20 May 2016, how many drug-related cases from the Kempton Park Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Kempton Park Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

498

316

350

(b) Successful conviction (guilty)

15

6

5

13 June 2016 - NW1632

Profile picture: Mbhele, Mr ZN

Mbhele, Mr ZN to ask the Minister of Police

Which police stations, by (a) name, (b) cluster (c) municipality and (d) province, do not currently have (i) Family Violence, Child Protection and Sexual Offences Units and/or (ii) victim-friendly rooms?

Reply:

(a)(b)(c) and (d)(i) There are 176 Family Violence, Child Protection and Sexual Offences Investigation (FCS) Units that render FCS services to all police stations in South Africa. These FCS Units render services at police stations in the clusters.

(a)(b)(c) and (d)(ii) Currently, 189 police stations do not have victim-friendly rooms. Please see annexure A for the name, cluster, municipal and provincial breakdown.

However, these police stations interview victims in private by using alternative rooms or making alternative arrangements.

Alternative room or arrangement means a vacant office or any other room situated at the police station or at another place such as a one-stop centre, Thuthuzela Care Centre or other suitable room in the vicinity of the police station, where a victim can be interviewed in private.

13 June 2016 - NW1615

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Balindlela, Ms ZB to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1315 on 20 May 2016, how many drug-related cases from the Tembisa Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Tembisa Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015*

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

1195

940

766

(b) Successful conviction (guilty)

372

56

75

* Please note that during 2014/2015 Tembisa South Police Station was established out of Tembisa Police Station and therefore there is a major decrease in the totals from 2013/2014 to 2014/2015.

13 June 2016 - NW1620

Profile picture: Bhanga, Mr BM

Bhanga, Mr BM to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1320 on 20 May 2016, how many drug-related cases from the Primrose Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Primrose Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

429

209

203

(b) Successful conviction (guilty)

242

85

77

13 June 2016 - NW1637

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Boshoff, Ms SH to ask the Minister of Police

(a) How many registered informants were used by each detective at the (i) Diepsloot, (ii) Gelvandale, (iii) Bethelsdorp, (iv) Temba, (v) Manenberg, (vi) Grahamstown and (vii) Cape Town Central Police Stations in the (aa) 2011-12, (bb) 2012-13, (cc) 2013-14, (dd) 2014-15 and (ee) 2015-16 financial years, (b) what was the allocated budget for paying informants in each case and (c) what amount was actually paid out to informants in each case in each specified financial year?

Reply:

(a) Total number of registered informers used during the given financial years at the mentioned police stations:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot

14

15

16

16

15

(ii) Gelvandale

9

9

13

15

10

(iii) Bethelsdorp

7

6

4

6

6

(iv) Temba

28

60

66

67

66

(v) Manenberg

6

10

3

4

7

(vi) Grahamstown

26

13

16

6

5

(vii) Cape Town Central

30

32

32

10

25

(b) Allocated budget per mentioned station for the each of the given financial years as on the Polfin system:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot*

No allocation

No allocation

No allocation

No allocation

R50 000

(ii) Gelvandale

R92 202

R284 000

R281 150

R167 350

R136 800

(iii) Bethelsdorp

R3 000

R30 000

R38 500

R24 000

R85 000

(iv) Temba*

R100 000

R29 000

R0

No allocation

No allocation

(v) Manenberg

R120 000

R116 000

R34 100

R90 000

R62 200

(vi) Grahamstown

R90 000

R125 000

R52 600

R40 000

R35 000

(vii) Cape Town Central

R55 000

R54 100

R49 400

R32 900

R22 500

(c) Amount paid out to informers per mentioned station for each of the given financial years as on the Polfin system:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot*

0

0

0

0

R50 000

(ii) Gelvandale

R102 750

R284 000

R309 150

R175 350

R136 800

(iii) Bethelsdorp

R28 750

R73 000

R38 500

R30 550

R91 500

(iv) Temba*

R80 750

R34 000

R150

0

0

(v) Manenberg

R114 900

R77 000

R48 500

R39 900

R47 199

(vi) Grahamstown

R55 250

R42 500

R37 350

R27 850

R15 250

(vii) Cape Town Central

R50 300

R61 600

R55 900

R28 500

R26 000

* The budget for payment of informers in Gauteng is not allocated to individual stations, but is managed by the provincial office. Claims are submitted to the province for payment of informers and then captured on the Polfin system. The matter was discussed with the management of Gauteng to rectify the situation.

13 June 2016 - NW1613

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1313 on 20 May 2016, how many drug-related cases from the Tembisa South Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System following drug-related cases from Tembisa South Police Station went to court and ended in successful convictions.

 

(i) 2013/2014*

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

0

174

196

(b) Successful conviction (guilty)

0

20

18

* Please note that during 2014/2015 Tembisa South Police Station was established out of Tembisa Police Station and therefore no cases were registered for 2013/2014.

13 June 2016 - NW1631

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Mbhele, Mr ZN to ask the Minister of Police

What happens to drugs that are confiscated by the SA Police Service?

Reply:

Drugs confiscated by the South African Police Service (SAPS) are dealt with in terms of the Criminal Procedure Act, 1977 (Act No 51 of 1977), Drugs and Drug Trafficking Act 1995, (Act No 68 of 1995), National Instruction 1 of 2015: Crime Scene Management and Standing Order (General) 333, which prescribes the destruction process.

Drugs confiscated by SAPS are processed at the police station where it is packaged and sealed in the presence of the suspect, weighed and entered into the SAPS 13 Register.

All drugs, except Cannabis, are forwarded to SAPS Forensic Science Laboratory (FSL) for analysis, secure storage and destruction, whilst awaiting finalisation of the case and issuing of a relevant disposal order by the National Prosecuting Authority.

Cannabis is stored in the SAPS 13 Stores at police stations, awaiting finalisation of the case and the issuing of a disposal order by the National Prosecuting Authority.

Drugs are delivered to the FSL or collected by FSL members from crime scenes. It is then registered (allocated a unique laboratory number), assigned to an analyst and stored in the archiving storage after analysis.

After approval for destruction has been granted, drugs are destroyed according to relevant FSL Quality Management System destruction procedures.

13 June 2016 - NW1617

Profile picture: Balindlela, Ms ZB

Balindlela, Ms ZB to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1317 on 20 May 2016, how many drug-related cases from the Boksburg North Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Boksburg North Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

709

815

707

(b) Successful conviction (guilty)

76

61

73

13 June 2016 - NW1616

Profile picture: Balindlela, Ms ZB

Balindlela, Ms ZB to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1316 on 20 May 2016, how many drug-related cases from the Bedfordview Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Bedfordview Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

129

198

172

(b) Successful conviction (guilty)

82

130

76

13 June 2016 - NW1635

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Police

(a) What was the fixed establishment of employees at the (i) Diepsloot, (ii) Gelvandale, (iii) Bethelsdorp, (iv) Temba, (v) Manenberg, (vi) Grahamstown and (vii) Cape Town Central Police Stations in the (aa) 2011-12, (bb) 2012-13, (cc) 2013-14, (dd) 2014-15 and (ee) 2015-16 financial years, (b) what was the total number of personnel who actually worked at each of the specified stations in each specified financial year and (c) what was the total number of vacant posts in the detective services of each specified police station?

Reply:

The table below depicts fixed establishment of employees and actual personnel that worked at each of the specified stations in each specified financial years:-

Police Station

(aa) 2011-12

(bb) 2012-13

(cc) 2013-14

(dd) 2014-15

(ee) 2015-16

(c) Total Detective Services Vacancies 2015-16

 

(a) Total

FE

*

(b) Total Actual

**

(a) Total FE

(b) Total Actual

(a) Total FE

(b) Total Actual

(a) Total FE

(b) Total Actual

(a) Total FE

(b) Total Actual

 

(i)

Diepsloot

96

40

99

130

99

140

111

133

111

140

0

(ii)

Gelvandale

239

235

239

234

239

218

246

243

246

235

3

(iii)

Bethelsdorp

200

194

200

199

200

199

203

197

203

211

0

(iv)

Temba,

318

396

310

415

310

412

373

409

373

385

-33

(v)

Manenberg

199

200

201

200

201

191

216

184

211

174

21

(vi) Grahamstown

280

273

282

276

280

256

168

159

168

151

-6

(vii)

Cape Town

607

491

597

492

599

540

599

561

599

579

37

* Refers to fixed establishment.

** Refers to actual personnel.

13 June 2016 - NW1618

Profile picture: Bhanga, Mr BM

Bhanga, Mr BM to ask the Minister of Police

With reference to the reply of the Minister of Justice and Correctional Services to question 1318 on 20 May 2016, how many drug-related cases from the Sebenza Police Station in Gauteng (a) went to court and (b) ended in successful convictions in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years?

Reply:

According to the Crime Administration System (CAS) the following drug-related cases from Sebenza Police Station went to court and ended in successful convictions.

 

(i) 2013/2014

(ii) 2014/2015

(iii) 2015/2016 (up to 30 May 2016)

(a) To Court

152

200

251

(b) Successful conviction (guilty)

45

123

172

13 June 2016 - NW1483

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Police

(1) Whether the 77 SA Police Service officers stationed at the Boksburg North Police Station have been retested since failing their firearm shooting competency tests; if not, why not; if so, (a) how many of the specified officers failed the retest, (b) what duties was each of the specified officers assigned during the period that they were found to be incompetent to handle a firearm and (c) what were the ranks of the specified officers; (2) whether he intends to make it mandatory that all police officers attend regular shooting practice and not just the annual competency testing; if not, what is the position in this regard; if so, (a) when will this become mandatory and (b) how often will police officers be mandated to attend shooting practice in each year?

Reply:

Maintenance shooting is an on-going training programme in the South African Police Service (SAPS) and members do their maintenance shooting annually to maintain their firearm competency in terms of Regulation 79(2)(b)(1) of the Firearm Control Act 60 of 2000.

(1)(a) Of the 77 SAPS members stationed at Boksburg North Police Station that were not competent, 65 have since done their maintenance shooting and were declared competent. 12 Members are still not yet competent and are scheduled to undergo their maintenance shooting as from 7 June 2016.

(1)(b) Members are deployed and confined to the Community Service Centre (CSC) whilst waiting to redo their maintenance shooting.

(1)(c) The members’ ranks are as follows:

Constables 9

Warrant Officer 1

Captains 2

(2) No. Currently there is no mandatory directive for members to attend shooting practice. However, members are encouraged to attend regular shooting practice sessions when logistical and operational commitments allow.

(2)(a) Not applicable

(2)(b) Not applicable

 

 

Signed LIEUTENANT GENERAL

DIVISIONAL COMMISSIONER: HUMAN RESOURCE DEVELOPMENT

NS MKHWANAZI

Date:

Reply to question 1483 recommended

Signed LIEUTENANT GENERAL

DEPUTY NATIONAL COMMISSIONER: HUMAN RESOURCE MANAGEMENT

BC MGWENYA

Date: 1 June 2016

Reply to question 1483 recommended

Signed LIEUTENANT GENERAL

ACTING NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE

JK PHAHLANE

Date: 3 June 2016

Reply to question 1483 approved/not approved

MINISTER OF POLICE

NPT NHLEKO, MP

Date:

Reply compiled by: Major General VR Vuma (Dr)

Telephone number: 012 334 3518/ 3689

Reply verified and approved by: Lieutenant General NS Mkhwanazi

Telephone number: 012 334 3728

13 June 2016 - NW1623

Profile picture: Kopane, Ms SP

Kopane, Ms SP to ask the Minister of Police

What progress has been made in all criminal cases opened against (a) the private architect, Mr M Makhanya, and (b) each of the quantity surveyors involved in the upgrades made to the private residence of the President, Mr Jacob G Zuma, in Nkandla, KwaZulu-Natal?

Reply:

(a) and (b)

Pretoria CAS 312/07/2015 – case against Mr Malebye, who was the Acting Director General of the Department of Public Works when the irregular appointments of the following consultants occurred:

  • Minenhle Makhanya Architects
  • R & G Consulting
  • Ibhongo Consulting
  • Igoda Projects (Pty) Ltd.

Pretoria CAS 314/07/2015 – case against Mr Vukela who was the Director General during the appointment of:

  • Bonelena Construction
  • Enterprise and Projects
  • E Magubane CC.

Pretoria CAS 316/07/2015 – case against Mr Dongwana, who was the Acting Director General during the appointment of Beta Fence and SA Bullet Resistant Glass Company (Pty) Ltd.

On 28 July 2015, all these cases were nolle prosequi (declined to prosecute) by the National Prosecuting Authority.

The Directorate for Priority Crime Investigation wishes to put on record that there is no investigation against Mr M Makhanya.

13 June 2016 - NW1634

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Police

How many (a) detectives were employed at the (i) Diepsloot, (ii) Gelvandale, (iii) Bethelsdorp, (iv) Temba, (v) Manenberg, (vi) Grahamstown and (vii) Cape Town Central Police Stations in the (aa) 2011-12, (bb) 2012-13, (cc) 2013-14, (dd) 2014-15 and (ee) 2015-16 financial years and (b) vehicles were (i) allocated to each of the specified police stations and (ii) operational in each respective financial year?

Reply:

(a) Number of detectives employed:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot

22

24

24

26

26

(ii) Gelvandale

53

54

55

53

49

(iii) Bethelsdorp

46

47

47

48

48

(iv) Temba

83

75

69

66

65

(v) Manenberg

48

44

46

45

40

(vi) Grahamstown

20

21

23

20

19

(vii) Cape Town Central

98

95

95

83

75

(b) (i) Vehicles allocated:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot

12

12

12

14

14

(ii) Gelvandale

22

25

26

22

24

(iii) Bethelsdorp

19

19

17

16

17

(iv) Temba

28

35

34

31

36

(v) Manenberg

22

16

21

22

26

(vi) Grahamstown

30

31

31

23

17

(vii) Cape Town Central

40

42

46

46

47

(b) (ii) Vehicles operational:

 

(aa) 2011/2012

(bb)

2012/2013

(cc)

2013/2014

(dd)

2014/2015

(ee)

2015/2016

(i) Diepsloot

12

12

12

14

14

(ii) Gelvandale

20

21

22

20

21

(iii) Bethelsdorp

17

17

15

13

15

(iv) Temba

20

25

21

20

24

(v) Manenberg

20

15

20

21

22

(vi) Grahamstown

27

26

27

21

15

(vii) Cape Town Central

40

42

46

46

45

13 June 2016 - NW1577

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Police

(1)How many (a) police stations serve the Joe Gqabi District Municipality in the Eastern Cape, (b) police officers are employed in each of the specified stations, (c) vehicles are assigned to each specified station and (d) vehicles are in a functioning condition at each specified police station; (2) whether any suspects escaped from police holding cells at each of the specified stations (a) in (i) 2011, (ii) 2012, (iii) 2013, (iv) 2014 and (v) 2015 and (b) from 1 January 2016 up to the latest specified date for which information is available; if so, (i) how many suspects escaped in each of the specified stations in each of the specified years and (ii) what were the specified suspects apprehended for in each case; (3) whether any of the suspects who escaped were apprehended again; if not, why not; if so, after how long?

Reply:

1. The South African Police Service is not structured according to the District Municipalities but according to Clusters and Police Stations. The tables below depict the actual personnel that worked at each of the specified stations, the allocated police vehicles and the condition of those vehicles:

Joe Gqabi District Municipality

(a) Police Station

(b) Total Actual Personnel

   

Aliwal North

130

Burgersdorp

60

Elands Height

15

Floukraal

15

Jamestown

33

Katkop

43

Maclear

44

Maletswayi

55

Mbizeni

21

Mount Fletcher

110

Steynsburg

35

Tabase

29

Ugie

45

Venterstad

41

Zamuxolo

28

         

Joe Gqabi District Municipality

STATION

Total Actual Vehicles

Vehicles Recommended for board

Vehicles in Workshop

Grand Total

Aliwal North

25

2

13

40

Burgersdorp

15

2

4

21

Elands Height

5

 

 

5

Floukraal

2

 

2

4

Jamestown

8

1

3

12

Katkop

13

 

 

13

Maclear

8

3

6

17

Maletswayi

11

1

3

15

Mbizeni

9

 

 

9

Mount Fletcher

31

1

 

32

Steynsburg

5

 

4

9

Tabase

11

 

 

11

Ugie

3

1

8

12

Venterstad

5

 

3

8

Zamuxolo

7

 

 

7

         

(2)(a)(i) Yes

(2)(a)(ii) Yes

(2)(a)(iii) Yes

(2)(a)(iv) Yes

(2)(a)(v) Yes

(2)(b) Yes, from 1 January 2016 to 30 April 2016

(2)(b)(i)

Year

Police Station

Number of escapees

2011

Burgersdorp

2

 

Jamestown

1

 

Maclear

5

2012

Burgersdorp

1

 

Maclear

8

2013

Burgesdorp

5

 

Maclear

5

 

Ugie

5

2014

Aliwal North

2

 

Burgersdorp

5

 

Maclear

6

 

Mount Fletcher

3

 

Mount Fletcher

1

 

Ugie

4

1 January 2016 to 30 April 2016

Not applicable

None

(2)(b)(ii)

Year

Police Station

Reason for apprehension

 

Charge

CAS

2011

Burgersdorp

Murder

CAS 90/05/2011

 

Jamestown

Burglary at business

CAS 25/01/2011

 

Maclear

Armed Robbery; Theft of motor vehicle; Rape

CAS 67/08/2011; CAS 152/03/2011

 

Maclear

Car Hijacking

CAS 39/07/2011

2012

Burgersdorp

Murder

CAS 58/05/2012

 

Maclear

Armed Robbery; Possession of presume stolen property; Assault GBH; Housebreaking and theft

CAS 152/03/2011; CAS 126/12/2011; CAS 5/04/2012;

CAS 129/06/2012

2013

Burgersdorp

Robbery; Assault GBH

CAS 113/12/2013; CAS 131/12/2013

 

Maclear

Robbery; Possession of presumed stolen property; Murder; Housebreaking and theft

CAS 2/08/2013;

CAS 65/05/2013;

CAS 51/07/2013;

CAS 79/04/2013

 

Ugie

Robbery ; Murder; House Robbery

CAS 80/10/2012; CAS 81/09/2013; CAS 13/11/2013; CAS 22/05/2013

2014

Aliwal North

Shoplifting

CAS 129/05/2014

 

Aliwal North

Theft

CAS 74/08/2014

 

Burgersdorp

Assault GBH

CAS 81/11/2014

 

Maclear

Robbery and Rape; Murder and Rape; Rape; Possession of unlicensed firearm

CAS 22/03/2014; CAS 57/07/2013; CAS 2/01/2014; CAS 4/01/2014

 

Mount Fletcher

Stock Theft

CAS 131/10/2013

 

Mount Fletcher

Theft of copper

CAS 90/03/2014

 

Mount Fletcher

Housebreaking and theft

CAS 2/01/2015

1 Jan to 30 April 2016

None

Not applicable

Not applicable

(3)

Year

Police Station

Suspect apprehended again; if not, why not; if so after how long

2011

Burgersdorp

Yes, within 3 days

 

Jamestown

Yes, within 24 hours

 

Maclear

Yes, 1 within 48 hours and 3 within 3 years

 

Maclear

No, police are still tracing the escapee

2012

Burgersdorp

Yes, within 48 hours

 

Maclear

Yes, 4 within a week and 3 within 5 months

2013

Burgersdorp

Yes, 4 within 48 hours and 1 within 2 months

 

Maclear

Yes, 1 within 5 days and 1 within 2 years, police are still tracing the other 3 escapees.

 

Ugie

Yes, 4 within 24 hours and 1 within 2 months

2014

Aliwal North

Yes, within 24 hours

 

Aliwal North

Yes, within 48 hours

 

Burgersdorp

Yes, within 3 days

 

Maclear

Yes, 4 within 6 days and 2 within a month

 

Mount Fletcher

Yes, within 5 months

 

Mount Fletcher

Yes, 1 within 7 months and 1 within 8 months

 

Mount Fletcher

Yes, within 6 days

1 January to 30 April 2016

None

Not applicable

10 June 2016 - NW1558

Profile picture: Lees, Mr RA

Lees, Mr RA to ask the Minister of Rural Development and Land Reform

(a) What amount did (i) his department and (ii) each entity reporting to him spend on advertising in the 2015-16 financial year and (b) how much has (i) his department and (ii) each entity reporting to him budgeted for advertising in the 2016-17 financial year?

Reply:

(a)(i),(ii),(b)(i)(ii) Please refer to the table below.

No

(i) Department

(ii) Entities

   

Commission

Ingonyama Trust Board

(a) Spent 2015/2016

R22 253 497.98

19 808 488.45

382 921.00

(b) Budgeted 2016/2017

R17m

4 649 000.00

361 874.00

10 June 2016 - NW1136

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Masango, Ms B to ask the Minister of Social Development

Whether any information is available regarding the total number of persons who are addicted to drugs; if not, when does she intend to carry out a comprehensive census in order to establish the number of addicts; if so, (a) how many persons are addicted and (b) in which provinces are they located?

Reply:

No. There is no comprehensive date available but currently the Department relies on the information from South African Community Epidemiology Network on Drugs (SACENDU). According to data collected from treatment centers on people admitted to treatment services by SACENDU between January 2015 and June 2015, the following were finding:

NUMBER OF PEOPLE ADMITTED FOR TREATMENT SERVICES DURING JANUARY-JUNE 2015

  1. Number of persons admitted for treatment services
  1. Province

3524

Western Cape

4285

Gauteng

226

Limpopo

850

Mpumalanga

1122

KZN

74

Northern Cape

126

North West

366

Free State

363

Eastern Cape

Plans are underway in the current financial year to develop a system to collect data on the number of people accessing anti-substance abuse services during 2016/2017 financial year. The Department will further conduct research on the nature, extent and impact of substance abuse amongst communities in South Africa during 2016/2017 financial year.

10 June 2016 - NW1480

Profile picture: Wilson, Ms ER

Wilson, Ms ER to ask the Minister of Social Development

(1)How many doctors who have been approved by the SA Social Security Agency (SASSA) (a) are currently registered in each province, (b) have not yet renewed their contracts with SASSA and (c) still have to sign contracts with SASSA; (2) (a) how many disability grant applicants are waiting the processing of their medical certificates by SASSA-approved doctors in each province and (b) what percentage of the total number of applicants for the specified grant do the figures represent in each case?

Reply:

1. As of 23 May 2016 SASSA had a total of 339 contracted active medical assessors on its database nationally.

(a) The provincial spread of SASSA contracted assessors (doctors) is as below:

Province

Contracted Doctors

Eastern Cape

13

Free State

31

Gauteng

71

KwaZulu-Natal

75

Limpopo

39

Mpumalanga

31

Northern Cape

48

North West

27

Western Cape

4

TOTAL

339

 

(b) 8 doctors have not renewed their contracts.

(c) 14 doctors still have to sign their contracts

2. (a)

Province

Awaiting Assessment

Eastern Cape

0

Free State

3 800

Gauteng

3661

KwaZulu-Natal

7587

Limpopo

2322

Mpumalanga

1755

Northern Cape

150

North West

893

Western Cape

6797

TOTAL

26 965

In the Eastern Cape and the Western Cape it should be noted that assessments are largely conducted by the Department of Health doctors and SASSA merely contracts doctors where the Department of Health does not have the capacity to support social assistance disability assessments.

(b) SASSA assessed a total of 660 773 clients for social assistance disability during the 2015/ 2016 financial year, subsequent to them being booked for such assessments with a SASSA contracted medical assessor. The number of total

booked clients currently at SASSA nationally is 26 965 and the number reduces on

daily basis as SASSA conducts assessments continuously. None of the clients will be

booked more than 30 days from the booking date with about 95% to be assessed

within 2 weeks.

10 June 2016 - NW1406

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Rural Development and Land Reform

Whether (a) his department and (b) all entities reporting to him are running development programmes for (i) small businesses and (ii) co-operatives; if not, why not; if so, in each case, (aa) what are the relevant details, (bb) what amount has been budgeted and (cc) how many jobs will be created through the specified development programmes in the 2016-17 financial year?

Reply:

Department of Rural Development and Land Reform

(a)(i),(ii) Yes.

(b) Not applicable.

(aa) Enterprises (small businesses and cooperatives) are supported with training and capacity building programmes for leadership, governance and business management. Agricultural enterprises and non agricultural enterprises are supported in terms of business plans developed. Support is provided for various activities business planning, feasibility studies, agro-processing, production, market access, arts and crafts, textile industry support, brick making and other financial and non financial assistance.

(bb) R390 million has been budgeted.

(cc) It is envisaged that 2540 jobs will be created.

Ingonyama Trust Board

(b)(i) No.

(b)(ii) Yes

(aa) To provide support to beneficiary communities to improve food security by crop production – under the Rural Development programme of the Trust.

(bb) R 9m for 2016/2017.

(cc) Community members are utilised on an adhoc basis for the construction of certain infrastructure and operations of the projects.