Questions and Replies

Reply:

(1)– (2) All senior management service (SMS) members have declared their interests.

(3) – (4) Nil

Approved/ not approved

__________________

Dr SC Cwele, MP

Minister

DATE:

Reply:

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

-END-

Reply:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reply:

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

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

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

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

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

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

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

(ii) The vehicles were damaged beyond repairs.

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

Reply:

(1) (a)

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

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

(b)

To the Zakouma National Park in the Republic of Chad.

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

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

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

Key to the Custodian Agreement are the following arrangements:

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

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

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Reply:

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

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

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

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

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

d. Staffing of critical positions to avoid staff burnout.

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

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

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

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

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

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

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

Reply:

(1) (a) The findings and recommendations of the investigation by Military Psychological Institute (MPI) were as follows:

(i) Findings. More than 90% of the members at Internal Audit Division were interviewed by Industrial Psychologists of MPI and consultants of the South African Air Force’s Directorate Management and Renewal Service (DM&RS) Renewal Services and the findings were confirmed by more than 75% of members interviewed. The results of the quantitative data supported the findings of qualitative data. The Weisbord Six Box Model was used as a departure point in the psychologists’ approach to the Organisational Diagnosis (OD). The model focused on six dimensions in an organisation and provided key information on the dimensions that might impact on an organisation’s effective functioning. Information obtained from individual interviews and focus groups was thematically analysed and integrated in order to identify main themes according to the model used. The positive aspects within each dimension were also addressed in congruent with developmental aspects. The main themes of the findings were as follows:

1. Strategy and Purpose. Members of the Division were found to be clear on what internal audit entails, however, in most cases, there were no clear written job descriptions and performance appraisal documents.
2. Structure. Insufficient structure and lack of clearly defined command channels leads to role ambiguity and confusion in the work place.
3. Rewards and recognition. Absence of formal reward and recognition system made members feel unappreciated.
4. Helping mechanisms. The lack of formalised and clearly communicated policies and procedures create confusion within the Division.
5. Relationships. Management of differences and conflict was identified as a concern. Some of the relationship challenges related to centralised decision making process, lack of communication and post-conflict relationship management.
6. Leadership. Members of the Division were aggrieved by the leadership style adopted by top management.
7. External environment. Long process of audit reports finalisation, recruitment process and support from higher headquarters was were found to be a concern.

(ii) Recommendations. The following recommendations were made:

1. It was recommended that the CAE works with an executive coach of senior status.
2. A strategic planning session needs to be conducted, followed by the implementation of a supportive organisational structure and culture.
3. The CAE should operate in a more strategic and functional capacity and focus on intern development, project output and quality control.
4. Staffing of critical positions to avoid staff burnout.
5. The appointment of Divisional Chief of Staff to act as a link between the Divisional Head and staff members.
6. All members (including the CAE and her management team) should be given the opportunity to see a clinical psychologist to debrief.

(b) The entities’ intervention was requested on 14 November 2016.

(c) The entities reported to Major General M. Sitshongaye, Chief Director HR Strategic Direction and Policy.

(d) The organisational diagnosis was conducted over the period 23 November to 05 December 2016.

(2) (a) The entire OD has been finalised.

(b) The Department has implemented some of the recommendations of the OD and is in the process of processing others.

(c) The timeframes for the implementation of the OD recommendations is continuous. Other recommendations have been implemented, while others are in progress.

Reply:

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

a) Johannesburg-Durban ; and

b) Pretoria –Polokwane.

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

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

Reply:

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

-END-

Reply:

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

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

Reply:

Since the Department of Traditional Affairs started transacting on its own at the beginning of 2014/15 financial year, the following are the tables depicting the types of services enlisted and the amounts paid to the appointed service providers:

See link belo for 2015/16 FY; 2016/17; 2017/18 

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW144TABLE.pdf

ENTITY: Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission).

The Honourable Member is requested to note that information from the CRL Rights Commission is not readily available, but the Department will provide the Honourable Member with the information as soon as it becomes available.

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:

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

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

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

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

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

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

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

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Reply:

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

Reply:

1) I am informed that the department had a total of thirty-six (36) SMS members for the 2017/18 financial year.

Of these 36, 28 SMS members submitted by 30 April 2018 – the DPSA due date. The DPSA granted an extension for the 8 non-compliant SMS members to submit. On 31 May 2018, 7 of the 8 SMS members submitted. The 1 outstanding SMS member who has not submitted is on suspension since 9 March 2018. Of the 7 who subsequently submitted by 31 May 2018, official non-compliance letters were sent to =6 of them to provide reasons. A letter was not sent to the seventh official as the department is aware of her maternity leave.

Names (i) and ranks (ii) of the affected 8 SMS members are listed below:

NO	NAMES (i)	RANK (ii)	Letter Sent
1	Mr MP Kepadisa	Director	Yes
2	Ms MK Kopeledi	Chief Director	Yes
3	Ms W Mapira	Chief Director	Yes
4	Mr LL Maqekoane	Chief Director	On suspension
5	Ms S Shoba	Director	Maternity leave
6	Dr KM Sikhitha	Chief Director	Yes
7	Ms T Van Meelis	Chief Director	Yes
8	Mr B Zondo	Director	Yes

2) I am further advised that non-compliant SMS members have not been charged as yet and a submission/ report is currently being prepared by the Human Resource section to the Head of Department, with reasons from affected officials and recommendations from the Ethics Officer (EOs). The HOD must assess reasons provided, make a final decision, implement sanctions/corrective measures and to report back to the Department of Public Service and Administration (DPSA) by 30 August 2018.

3&4) Regarding officials suspended on full salary, one (1) official is currently suspended on full salary. Details of the suspension are indicated below

FINANCIAL YEAR	POST LEVEL	TYPE OF SUSPENSION	AMOUNT	NO OF DAYS (CALENDAR)
2018/19	14	Precautionary Suspension (Full pay)	R 198 733.36	72

-END-

Reply:

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

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

(a) Refer to a response in 2 above.

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

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

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

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Reply:

(1) a) There were no cases of sexual harassment reported in the past three years. However, there is one case of assault which has been reported and is still pending.

(ii) There were no cases of sexual harassment opened since 2017

(b) (i) There were no cases opened and concluded

(ii) There were no cases that were withdrawn

(iii) There are no cases which remains open

(c) There were no sanctions issued

(b) The Department does have a Sexual Harassment Policy. Cases of assault are dealt with in terms of the PSCBC Resolution 1 of 2003 (Disciplinary Code and Procedures). Allegations of sexual harassment are reported through the Sexual Harassment Adviser who with consent of the victim assists in bringing allegations to finality. The perpetrators of sexual harassment are subjected to formal disciplinary proceedings should grounds for misconduct be established after an investigation. An appropriate sanction for such an offence is dismissal as contained in paragraph 4 of PSCBC Resolution 1 of 2003.

2) Not applicable.

Reply:

ARMSCOR

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

DEPARTMENT OF MILITARY VETERANS

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

DEPARTMENT OF DEFENCE

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

MILOMBUD

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

CASTLE CONTROL BOARD

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

DEFENCE FORCE SERVICE COMMISSION

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

Reply:

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

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

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

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

Reply:

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

Department:

(1) None

USAASA

(1) None

SENTECH

(1) None

.ZADNA

(1) None

BBI

(1) None

NEMISA

(1) None

SITA

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

SAPO

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

Approved/ not approved

_______________

Dr SC Cwele, MP

Minister

DATE:

Reply:

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

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

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

Reply:

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

2. None.

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

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

Reply:

ARMSCOR

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

QUESTION 2

None, as per above.

DEPARTMENT OF DEFENCE

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

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

DEPARTMENT OF MILITARY VETERANS

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

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

MILOMBUD

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

CASTLE CONTROL BOARD

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

DEFENCE FORCE SERVICE COMMISSION

No cases have been referred by the Defence Force Service Commission

Reply:

Department of Justice and Constitutional Development

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

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

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

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

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

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

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

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

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

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

(ii) The entities have reported as follows:

A. Legal Aid South Africa:

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

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

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

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

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

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

B. National Prosecuting Authority:

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

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

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

Additional information for 2016:

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

 

2017:

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

 

C. Special Investigating Unit:

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

 

Office of the Chief Justice

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

2. Not applicable.

 

Department of Correctional Services

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

REGION

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

 

(1) (b)

2016/2017

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

 

2017/2018

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

 

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

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

Reply:

(1)

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

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

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

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

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

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

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

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

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

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

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

---ooOoo---

Reply:

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

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

Reply:

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

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

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

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

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

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

Reply:

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

Reply:

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

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

Reply:

(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:

REPLY ATTACHED:

Reply:

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


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

Reply to question 1624 recommended

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

Reply to question 1624 approved


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

Reply:

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

Yes

(a) Which Official was implicated?

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

(b) (i) What recommendations were made?

Management should ensure the following

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

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

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

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

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

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

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

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

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

The Selection Committee Members consisted of:-

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

 

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

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

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

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

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

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

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

Reply:

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

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

Reply:

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

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

Find table here:

Reply:

1.

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

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

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

Reply:

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

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

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

Reply to question 1755 recommended


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

Reply to question 1755 approved/not approved

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

Reply:

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

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

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

Approved by

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


Reply to question 1633 approved

MINISTER OF POLICE

BHCELE, MP
Date: 27/06/2018
 

Reply:

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

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

Reply:

DEPARTMENT OF BASIC EDUCATION

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

(aa) Not Applicable

(bb) Not Applicable

2. Not Applicable

UMALUSI’ S RESPONSE

(ii) Umalusi Response:

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

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

SACE RESPONSE

(1) (ii)

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

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

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

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

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

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

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

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

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

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

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

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

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

Reply:

1. (a) Not Applicable.

(b) Kabelo Motshekga (Son)

(i) Not Applicable.

(ii) Not Applicable.

(aa) Kabelo Motshekga (Son)

(bb) (aaa) Global Education Symposium

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

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

Reply:

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

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

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

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

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

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

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

• Sandlan CAS 371/1212017 (Fraud)

Reply to question 1135 recommended


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

Reply to question 1135 approved


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

Reply:

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

Reply:

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

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

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

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

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

Approved by:

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

Reply to question 1516 approved


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

Reply:

1. (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:

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

(bb) None.

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

 

Reply:

1. 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:

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){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:

(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.