Reply:

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

-END-

Reply:

Details of vehicle accidents/incidents owned by the Department over the three financial years are as follows:

• 2015/16 - Four (4), three incidents involved chips/cracks on windscreens, and the 4th vehicle was written off. Total cost of repairs in 2015/16 amounted to R20 876.13

• 2016/17 - 2 (Two) - one vehicle was involved in a pile-up accident, and the other one involved a windscreen replacement. No vehicle was written off. Total cost of repairs for 2016/17 amounted to R36 534.03

• 2017/18 - 3 (Three) - one vehicle had bumper repair, and the second vehicle a fog light and bottom bumper grill had to be repaired. The third incident involved repair of rear light glass. No vehicle was written off. Total cost of repairs for 2017/18 amounted to R12 918.00

• Since 1 April 2018 - No accidents have occurred.

Details on tracking devices are not made publicly available.

-END-

Reply:

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

(b) 

(i) Remuneration – (R6, 395,682 PA)

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

1 X Chief of Staff L14

1 X Private Secretary L13

1 X Spokesperson L13

1 X Cabinet and Parliamentary Officer L13

1 X DD: Cabinet Support L12

1 X ASD: Admin Secretary L9

1 X Ministerial Aid Cape Town L7

1 X Registry Clerk L5

1 X Snr Messenger / Driver Pretoria L5

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

1 X Chief of Staff

1 X Private Secretary

1 X Spokesperson

1 X Cabinet and Admin Secretary

1 X Parliamentary Officer

1 X DD: Cabinet Support

1 X ASD: Admin Secretary

1 X Registry Clerk

1 X Snr Messenger / Driver Pretoria

 

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

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

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

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

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

 

 

Reply:

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

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

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

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

Reply:

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

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

Reply:

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

Reply:

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

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

2. See one (1) above.

Reply:

DEPARTMENT OF BASIC EDUCATION

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

(aa) Not Applicable

(bb) Not Applicable

2. Not Applicable

UMALUSI’ S RESPONSE

(ii) Umalusi Response:

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

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

SACE RESPONSE

(1) (ii)

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

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

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

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

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

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

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

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

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

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

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

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

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

Reply:

1. (a) Not Applicable.

(b) Kabelo Motshekga (Son)

(i) Not Applicable.

(ii) Not Applicable.

(aa) Kabelo Motshekga (Son)

(bb) (aaa) Global Education Symposium

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

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

Reply:

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

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

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

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

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

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

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

• Sandlan CAS 371/1212017 (Fraud)

Reply to question 1135 recommended


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

Reply to question 1135 approved


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

Reply:

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

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

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

Reply to question 1755 recommended


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

Reply to question 1755 approved/not approved

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

Reply:

REPLY ATTACHED:

Reply:

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


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

Reply to question 1624 recommended

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

Reply to question 1624 approved


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

Reply:

(1) What (a) is the total number of incidents of racism that were reported to the human resources offices in (i) his department and (ii) entities reporting to him in (aa) 2016 and (bb) 2017 and (b) are the details of each incident that took place;

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

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

Not applicable.

Reply:

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

Yes

(a) Which Official was implicated?

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

(b) (i) What recommendations were made?

Management should ensure the following

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

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

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

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

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

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

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

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

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

The Selection Committee Members consisted of:-

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

 

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

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

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

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

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

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

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

Reply:

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

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

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

Approved by

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


Reply to question 1633 approved

MINISTER OF POLICE

BHCELE, MP
Date: 27/06/2018
 

Reply:

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

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

Reply:

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

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

Find table here:

Reply:

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

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

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

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

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

Approved by:

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

Reply to question 1516 approved


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

Reply:

1.

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

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

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

Reply:

(1)(a)(i)(ii)(aa)(bb) and (2)  

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

 

 

Reply to question 1916 recommended/not recommended

GENERAL ’COMMISSIONER: SOUTH AFRICAN POLICE SERVICE

KJ (SOEG)

Reply to question 1016 approved/not approved

MINIST OF POLICE BH CEEE, MP

Reply:

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

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

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

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

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

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

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

Reply:

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

2. N/A

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

b).

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

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

Reply:

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

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

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

Reply:

(1) My Department advised me that there were no cases of racism reported to the offices of human resources by my department and its entity, the African Renaissance Fund.

(2) Falls away.

Reply:

(a) The information is as follows:

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

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

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

New Asylum Seekers

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

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

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

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

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

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

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

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

 

Failed Asylum Seekers

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

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

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

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

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

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

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

2. Refugees Identity and Travel Documents

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

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

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

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

 

Reply:

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

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

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

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

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

Reply:

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

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

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

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

Reply:

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

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

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

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

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

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

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

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

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


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

Reply to question 2028 recommended


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

Reply to question 2028 approved/not approved

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

Reply:

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

(bb) None.

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

 

Reply:

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

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

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

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

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

Reply:

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

(2) Falls away.

Reply:

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

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

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

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

Reply:

The Department and entities responded as follows:

(i) Department of Home Affairs

(1)(a)(aa) One

(1)(a)(bb) One

(1)(b) 2016

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

(1)(b) 2017

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

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

(ii) Electoral Commission

(1)(a)(aa) None

(1)(a)(bb) None

(1)(b) Not applicable

(2) Not applicable

(ii) Government Printing Works

(1)(a) (aa) None

(1)(a)(bb) One

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

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

Reply:

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

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

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

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

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

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

Reply:

The Department and entities responded as follows:

(i) Department of Home Affairs

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

(1)(b) Not applicable

(2) Not applicable

(ii) Government Printing Works

(1)(a)(aa) 2016 – 1

(1)(a)(bb) 2017 – 1

(1)(b) 2016 – Racist incitement

   2017– Social media posting

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

(ii) Electoral Commission

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

(1)(b) Not applicable

(2) Not applicable

Reply:

1. (a) Number of accidents

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

(b)

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

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

(c) (i) None

(ii) Not applicable

2. No

Reply:

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

(a)(i) and (ii)

Year Head Office Missions

2015/2016: 10 accidents 3 accidents

2016/2017: 5 accidents 13 accidents

2017/2018: 4 accidents 4 accidents

2018/2019: 4 accidents 0 Accidents

(b) Year Head Office Missions

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

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

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

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

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

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

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

Reply:

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

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

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

Reply to question 2044 recommended


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


Reply to question 2044 approved/not approved


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

 

Reply:

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

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

(1)(b) One.

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

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

(3)(a) Post Level 6 = 21

Post Level 8 = 1

Post Level 10 = 1

(3)(b) Post Level 6:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=21

(iv) Longer than 120 days=0

Post Level 8:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=1

(iv) Longer than 120 days=0

Post Level 10:

(i) Less than 60 days=0

(ii) 60 to 90 days=0

(iii) 90 to 120 days=1

(iv) Longer than 120 days=0

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

Reply:

Abbreviations:

NO – National Office

EC - Eastern Cape

WC - Western Cape

GP - Gauteng

NW- North-West

KZN- KwaZulu-Natal

NC- Northern Cape

FS- Free State

MP - Mpumalanga

LP- Limpopo

1. (a) NUMBER OF ACCIDENTS:

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

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

Part 1:

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

Part 2:

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

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

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

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

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

Office of the Chief Justice

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

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

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

Reply:

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

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

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

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

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

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

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

Reply:

The Honourable Member, Mr K J Mileham is kindly requested to direct the question to the Department of Health. Municipal Health Services is the responsibility of the Department of Health as the Municipal Health Services are regulated under Section 32 of the National Health Act, 2003 (Act 61 of 2003) as Municipal Health Services.

Reply:

Yes, (a) the Gauteng Provincial Government and (b) Ekurhuleni Metropolitan Council provided information on measures they will put in place to address the reported situation. However further inputs were received from the National Department of Environmental Affairs which committed its support to clean the invasive alien species and maintain the streams in Eastleigh, Modderfontein and Illiondale to Dries Normandy dam in Kempton Park. Additionally, the Gauteng Provincial Government and Ekurhuleni Metropolitan Municipality will clean the debris and desilt the areas affected by floods.

Reply:

(a) According to section 27(a) (i) of the Children’s Act, no. 38 of 2005,

An applicant who has to provide an ECD programme has to possess the National Certificate in ECD at National Qualification Framework (NQF) level 4 as a minimum requirement specified by South African Qualifications Authority.

(b) (i) NQF level 4 training is provided for 18 months.

(ii) 18 981

(c) There is currently no minimum salary level for practitioners. Each ECD centre remunerates its practitioners based on their available budget.

________________________

Approved by the Minister on

Date……………………….

Reply:

The Honourable member Mrs E N Ntlangwini, should kindly direct the question to the Department of Energy, as they are the competent department to respond to the question.

Reply:

It is important to note that INDLELA is the only public trade test centre accounting for 25% of the national trade tests conducted across all economic sectors related to artisan training. The INDLELA records on the number of candidates assessed and found to be competent in each trade registered for in the 2015/16, 2016/17 and 2017/18 financial years are as follows:

Trade	2015/16	2016/17	2017/18
	Assessed	Competent	Assessed	Competent	Assessed	Competent
Aircraft Maintenance Mechanic	21	19	52	41	37	0
Aircraft Structures Worker	0	0	15	11	0	0
Armature Winder	19	19	11	11	14	0
Automotive Motor Mechanic	200	95	129	71	161	87
Avionics Mechanician	0	0	4	4	0	0
Blacksmith	0	0	1	1	12	0
Boiler maker	610	305	413	356	556	416
Bricklayer	169	22	107	35	172	61
Carpenter	168	74	135	90	181	118
Carpenter and Joiner	0	0	0	0	2	0
Diesel Fitter	1	0			0	0
Diesel Mechanic	465	159	355	139	535	142
Electrician	1517	996	1175	886	2015	1504
Electrical Equipment Mechanic	1	0	0	0	0	0
Electronic Equipment Mechanician	3	3	11	9	50	36
Fitter and Turner	83	50	45	23	207	43
Gunsmith	4	2	0	0	0	0
Heavy Equipment Mechanic	3	0	63	32	31	0
Instrument Mechanician	26	7	18	15	21	16
Joiner	0	0	0	0	1	1
Mechanical Fitter	806	301	360	298	572	394
Metal Machinist	49	37	19	15	32	13
Millwright	58	19	39	34	95	69
Painter	121	27	101	54	158	74
Panelbeater	13	13	17	10	19	0
Plasterer	7	4	5	1	2	2
Plumber	711	503	639	594	1035	631
Radiotrician	19	8	13	8	5	12
Refrigeration Mechanic	52	22			3	7
Rigger	195	52	164	105	320	128
Sheet Metal Worker	0	1	1	1	0	0
Structural Plater	0	0	0	0	21	0
Toolmaker	26	16			68	0
Tractor Mechanic	1	0	0	0	0	0
Transportation Electrician	7	1	62	33	127	70
Vehicle Body Builder	1	1	2	2	7	0
Vehicle Painter	3	1	21	14	24	1
Welder	387	253	380	300	393	317
TOTAL	5746	3010	4357	3193	6876	4142

There are 341 accredited trade test centres across the country delivering various historical/legacy trades in terms of the repealed Manpower Training Act and the Skills Development Act. These trades derive their theoretical alignment from the NATED 191
(N2 – N6) engineering programmes, National Certificate (Vocational) (Levels 3 – 4) engineering programmes, and Sector Education and Training Authorities (SETA) based Competence Based Modularised (Level 4) programmes. The list of accredited trade test centres is attached as Annexure A.

INDLELA uses a different template, as compared to the requested information. Therefore, the information regarding the number of apprentices in each trade at each of the 341 centres would require more time to consolidate. The SETA aggregated information is provided in the table below.

Total registered learners per sector

Artisan Learners Registered
SETA	Sector	2015/16	2016/17	2017/18
Chemical Industries Education and Training Authority	Chemicals	3372	4263	3 423
Construction Education And Training Authority	Construction	1 737	2024	8 748
Food And Beverages Manufacturing Industry Sector Education and Authority	Food Processing	45	178	168
Local Government Sector Education and Training Authority	Local Government	1 020	888	647
Mining Qualifications Authority	Mining and Minerals	1 848	1978	1 952
Manufacturing Engineering And Related Services Sector Education and Training Authority	Manufacturing and Engineering	8 130	8038	6 863
Safety and Security Sector Education and Training Authority	Safety and Security	467	401	77
Agriculture Sector Education and Training Authority	Agriculture	347	227	193
Public Service Sector Education and Training Authority	National and Provincial Government	33	34	20
Services Sector Education and Training Authority	Services Sector	1 127	1416	1 470
Transport Education and Training Authority	Transport	1 778	1314	1 004
Fibre Processing and Manufacturing Sector Education and Training Authority	Fibre Processing	459	419	295
Culture, Arts, Tourism, Hospitality and Sport Education and Training Authority	Tourism and Hospitality	514	683	639
Wholesale and Retail Sector Education and Training Authority	Wholesale and Retail	532	269	0
Health and Welfare Sector Education and Training Authority	Health and welfare	119	87	76
Totals registered	21 528	22 219	25 575

Total Competent learners per sector

Artisan Learners Competent
SETA	Sector	2015-2016	2016-2017	2017-2018
Chemical Industries Education and Training Authority	Chemicals	743	936	1110
Construction Education and Training Authority	Construction	504	1350	2225
Energy and Water Sector Education and Training Authority	Energy	470	697	684
Food And Beverages Manufacturing Industry Sector Education and Authority	Food Processing	0	13	63
Local Government Sector Education and Training Authority	Local Government	87	233	543
Mining Qualifications Authority	Mining and Minerals	1382	1807	1932
Manufacturing Engineering and Related Services Sector Education And Training Authority	Manufacturing and Engineering	8352	9661	8443
Safety And Security Sector Education and Training Authority	Safety and Security	0	227	187
Agriculture Sector Education and Training Authority	Agriculture	154	228	208
Public Service Sector Education and Training Authority	National and Provincial Government	30	15	42
Services Sector Education and Training Authority	Services Sector	550	1247	1503
Transport Education and Training Authority	Transport	714	1359	1168
Fibre Processing and Manufacturing Sector Education and Training Authority	Fibre Processing	101	124	141
Culture, Arts, Tourism, Hospitality and Sport Education and Training Authority	Tourism and Hospitality	0	0	364
Wholesale and Retail Sector Education and Training Authority	Wholesale and Retail	39	3	5
Health and Welfare Sector Education and Training Authority	Health and welfare	36	74	99
Total competent	13 162	17 974	18 717

Reply:

1. The Minister became aware of this matter when the Honourable Member posed this question to him.

On receipt of the question, the KwaZulu Natal Department of Cooperative Governance and Traditional Affairs was requested to facilitate a response from the eThekwini Metropolitan Municipality (“the Municipality”).

The Municipality subsequently provided their responses below:

a) The Municipality has indicated that it has rental properties within the central region, accommodating eleven councillors. These councillors have entered ino a lease agreement with the Municipality.

b) The provision of accommodation was based on security concerns for the councillors and their families, and damages to their properties.

2. The MEC for local government in KwaZulu Natal Province is investigating whether the alleged occupation of subsidised municipal flats by the councillors constitute a breach of conduct. The outcome of this investigation will inform the steps to be taken to rectify the matter, if necessary.

Reply:

1. Since 2009 to date, the City of Ekurhuleni has not taken any long-term loans. However, the city has funded its capex programme through the issuance of bonds (EMM02 to EMM07P).

The schedule of the total debt profile is shown in Table 1 below.

2. The balance outstanding for all the loans and bonds was R6.162bn as at 31 December 2017.

Table 1 see the link: http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW48TABLE_1.pdf

(3) The loan agreement is governed by and construed in accordance with the law of the Republic of South Africa. In the case of these loans, the in duplum rule applies under common law, which forms part of the law of the Republic of South Africa.

(4) (a) & (b) The last interest payment dates and amounts are shown in the table 3 above, and the loan references are 76,77,78 and 79.

Please take note that questions 3455 of 2010, 2018/47 and 2018/48 are inter-related in that all seek to probe the usage of borrowing instruments by the Ekurhuleni Metropolitan Municipality to raise additional revenue.

Reply:

(a) and (b) Municipalities invested funds with VBS Mutual Bank

In terms of the MFMA a municipality must establish an appropriate and effective cash management and investment policy in accordance with any framework that may be prescribed by the Minister, acting with the concurrence of the cabinet member responsible for local government.

Section 6 of the Municipal Investment Regulation, state that a municipality or municipal entity may invest funds only in any of the following investment types: (c) deposits with banks registered in terms of the Banks Act, 1990 (Act No 94 of 1990).

Municipalities are allowed to, amongst others, to deposit with banks registered in terms of the Banks Act and the investment with mutual banks is not permitted in terms of the Municipal Investment Regulation.

The table link below depict the list of Municipalities that invested with VBS mutual bank.

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW928_Table.pdf

Elias Motsoaledi Local Municipality confirmed that the capital investment of R20 million plus interest was withdrawn from the VBS in February 2018. However, through internal reconciliation, the municipality identified that there is interest of R48 246.51 that is due and it is not yet paid.

(2)(a) Polokwane, Elias Motsoaledi, Makhuduthamaga and Dr JS Moroka Local Municipalities managed to withdraw their investments (capital plus interest) of R81million, R20million, R31 million and R10 million respectively.

The investments of the 14 municipalities and the interest portion of Elias Motsoaledi Municipality reflected in the table above were not recovered/withdrawn before VBS was placed under curatorship. The preliminary report back from the South African Reserve Bank (SARB) on the curatorship process revealed that the available equity cannot cover the deposits. The stakeholders (National Treasury and Cogta) were advised to work with the assumption that it is highly unlikely that the municipal deposits will be recovered. Where possible they could receive about 10% of their deposits once the process is concluded in about 5 to 7 years’ time.

(2)(b) The municipalities as well as the three affected provinces have instituted investigations which will inform the disciplinary actions as well as criminal charges to be instituted against responsible official and/or political office bearer responsible for placement of funds with VBS Mutual Bank. Furthermore, the SARB has also instituted a forensic investigation in to the VBS Mutual Bank matter, a preliminary investigation was conducted and the report will be handed over to the hawks and made public once it has been concluded.

In terms of the MFMA a municipality must establish an appropriate and effective cash management and investment policy in accordance with any framework that may be prescribed by the Minister, acting with the concurrence of the cabinet member responsible for local government.

Section 6 of the Municipal Investment Regulation state that a municipality or municipal entity may invest funds only in any of the following investment types: (c) deposits with banks registered in terms of the Banks Act, 1990 (Act No 94 of 1990).

Municipalities are allowed to, amongst others, to deposit with banks registered in terms of the Banks Act and the investment with mutual banks is not permitted in terms of the Municipal Investment Regulation.

PROGRESS ON CURATORSHIP

• SARB instituted a forensic investigation in to the VBS Mutual Bank matter;
• Preliminary investigation was conducted will be handed over to the hawks or made public;
• The investigation revealed that +/- R20 million was paid in commission for soliciting deposit to VBS Mutual Bank and that false deposits were made by related parties to VBS Mutual Bank, however, deposits by municipality appear to be real.
• The availability equity cannot cover the deposits;
• The exercise revealed that the situation at VBS Mutual Bank is worse than when the curatorship commenced;
• Currently withdrawal limits of the amount deposited have been implemented; the limit for individuals is R1000 and Burial Societies’ limit is R7000;
• The stakeholders (National Treasury and Cogta) were advised to work with the assumption that it is highly unlikely that the municipal deposits will be recovered. Where possible they could receive 10% of their deposits;
• The curator withdrew the Statements of Account / Financial Statements because they are not a true reflection of the financial status of VBS Mutual Bank;
• The curator will redo the Statements of Account/Financial Statement and the statements are expected to be finalized within three months;
• The Internal Auditor for VBS Mutual Bank was PWC;
• The external Auditors were KPMG;