Questions and Replies

Reply:

The National Treasury is confident that in considering this transaction, the leadership of the PIC adhered to all its internal processes that should be complied with. Furthermore, the National Treasury is also assured that the approval of this transaction was made in accordance with the established mandate from the GEPF. It should be noted that the National Treasury was not involved in the engagements surrounding this transaction and therefore does not have all the details that were agreed upon. The National Treasury is aware that this is was a short-term facility and Eskom has already paid this facility by the end of the February 2018.

Reply:

This is a Provincial matter. The Honourable Member is encouraged to request the information directly from the Limpopo Department of Education.

Reply:

Please refer to the attached detailed Burden of Disease Profile for Thabo Mofutsanyana District Municipality for the period 2010 to 2015 by age and gender.

END.

Reply:

(a) The time lines for the investigation cannot be predicted, however members are working tirelessly to finalise the investigation and progress report will be given on request.

(b) One team comprising of five (5) members are placed at Serious Commercial Crime within DPCI.


LIEUTENANT GENERAL

ACTING NATIIONAL HEAD: DIRECTORATE FOR PRIORITY CRIME INVESTIGATION
Y MATAKATA
Date: 2018-04-25

Reply to question 1041 approved

MINISTER OF POLICE
BH CELE, MP
Date; 2018-05-03

Reply:

The presentation made by my Department to the Portfolio Committee on Basic Education on 13 February 2018 on schools’ readiness for the 2018 academic year focused solely on unplaced learners in Public Ordinary Schools. The admission of learners with special needs is handled separately at district level by officials who specialise in the identification and screening of learners with special needs. Therefore, none of the learners referred to in the presentation had any impairment.

Reply:

(1) The tables below explain the number of farm attacks and murders on farms in each province for the following periods as requested:
 

Find here: table (1) (i) (bb) Period 2013/2014 Financial year

Reply:

Please refer to the attached detailed Burden of Disease Profile for Sidibeng District Municipality for the period 2010 to 2015 by age and gender.

END.

Reply:

Attached is the latest detailed Burden of Disease profile for uMzinyathi District Municipality for the period 2010 to 2015 by age and gender.

END.

Reply:

1(a) The list of municipalities with unfunded budgets are summarised in Annexure A below.

1(a) (ii) The municipal financial information presented in the MFMA section 71 reports for the 2nd quarter ended 31st December 2017 was used to establish which municipalities are potentially unable to honour their financial commitments. When matching the “cash and cash equivalents” for this period against the “total creditors” for the same period, it showed that municipalities with unfunded budgets are not able to pay their total creditors within the prescribed thirty-day period.

1(b) The development and adoption of financial recovery plans is the primary responsibility of a municipality facing financial challenges as legislated in Chapter 13 of the MFMA; and this provides for the municipality to request support for the development of a financial recovery plan from Provinces and National Treasury. Where such requests are received from municipalities the financial recovery plan is developed by National Treasury in consultation with the relevant Provincial Treasury and the municipality. The list of municipalities that currently have approved financial recovery plans as well as those that have requested support is presented in Annexure A. There are 14 municipalities among the 112 that adopted unfunded budgets with approved financial recovery plans; this means that, in spite of the financial recovery plan having been adopted, the municipal budget is still unfunded. Financial recovery plans are mostly prevalent in the North West, Limpopo and Northern Cape.

2. Yes, the Minister of Finance will consult with the Minister of Cooperative Governance and Traditional Affairs for support of appropriate interventions at municipalities that continue to adopt unfunded budgets. The Minister of Finance will consider strengthening measures to ensure the adoption of funded budgets by municipalities and to provide specific intervention measures to enforce such measures.

In terms of the role of the provincial executive and the present legal framework for municipal intervention, the intervention process is addressed in terms of section 139 of the Constitution of the Republic of South Africa. This provides for a process, including the provincial executive role when performing its oversight and obligations with respect to municipalities. The Honourable member must note that the existing municipal intervention legal framework for the Province to issue a directive to the municipality in terms of section 139(1)(a), this is followed by a step by step process, including support in terms of section 154 of the Constitution. Moreover, MFMA section 136, 137 and 139 requires the provincial executive to undertake certain discretionary and mandatory actions to address the situation, failing which the National Treasury upon request from a municipality and province will develop a financial recovery plan for a municipality.

The intervention in terms of section 139(5) of the Constitution raised by the Honourable Member, is in fact the prerogative of the Provincial Executive to decide and resolve. The Minister of Finance can request a province to intervene in specific municipalities as part of the process in implementing the MFMA. In terms of section 150 of the MFMA the National Executive may intervene instead of Provincial Executive if the condition of section 139(5) are met and the province has failed to do so.

Reply:

The attached tables 1 to 10 reflect the details in this regard.

END.

Reply:

Section 3(a)(iii) of the Mental Health Care Act of 2002 (Act No. 17 of 2002) provides that mental health services must be integrated in the general health services environment, which is clinics and hospitals. In compliance with this provision all clinics provide mental health services that have been determined in the National Mental Health Policy Framework and Strategic Plan 2013-2020. Where it is beyond their capacity for one reason or the other they will refer to a facility of an appropriate level.

END.

Reply:

(1) Piet Retief CAS 199/04/2015 - Theft is still under investigation. There are several queries that the Investigating Officer have to comply with. A J50 has been applied for the arrest of the domestic worker who is alleged to be in Swaziland.

(2) One suspect, Manana Nkosinathi Emmanuel was arrested and the docket was not enrolled in court.

(3) The case is being investigated by Lieutenant Colonel DJ Malope from the office of the Provincial Commissioner: Mpumalanga.

(4) The case is not yet finalised. The domestic worker will be circulated if she cannot be traced and therefor and envisaged date for the finalisation of the case cannot be provided.

DEPUTY NATIONAL COMMISSIONER: CRIME DETECTION

LJ TSUMANE
Date: 2018-04-26

Reply to question 1164 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2018-05-01

Reply to question 1164 approved

MINISTER OF POLICE
BH CELE, MP
Date; 2018-05-03

Reply:

Please refer to the attached detailed Burden of Disease profile for Fezile Dabi District Municipality for the period 2010 to 2015

END.

Reply:

(a) and (b) In terms of the provisions of the Firearm Control Act, 2000 (Act No 60 of 2000), the South African Police Service (SAPS), is not legally entitled to give or sell amnesty firearms to South African citizens. By Implication, the SAPS did not sell or give any firearms handed in for destruction during the two previous amnesty periods to citizens of the country.

(c) However, two criminal cases were registered in the Western Cape and Mpumalanga Provinces and the details are reflected below:
 

Original signed LIEUTENANT GENERAL

DIVISIONAL COMMISSIONER: VISIBLE POLICING

NP MASIYE

Date: 8 February 2018

Reply to question 67 recommended/not recommended

Original signed LIEUTENANT GENERAL

DEPUTY NATIONAL COMMISSIONER: POLICING

SFMASEMOLA

Date: 8 February 2018

Reply to question 67 recommended


GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICES
KJ SITOLE (SOEG)

Date: 2018-03-12

Reply to question 67 approved/not approved


MINISTER OF POLICE
BH CELE, MP
Date: 2018-04-26
 

Reply:

Please refer to the attached detailed Burden of Disease Profile for eThekwini Metropolitan Municipality for the period 2010 to 2015 by age and gender.

END.

Reply:

(1)(a)(b) The actual number of personnel (including the Station Commander) and the number of vehicles, is as follows:
 

{2)(a)(b) The Fixed Establishment (including the Station Commander) and the number of vehicles, is as follows:
 

(3) In the 2016/2017 and 2017/2018 financial years, the total number of students that were allocated to the police stations, is as follows:

One post, for a Head Data Capturer at the Sophiatown Police Station, has been advertised.

The total number of additional vehicles, planned for allocation to visible policing for the 2018/2019 financial year. is as follows:

(4) Staffing of personnel at all the business units is an ongoing process, which is influenced by the allocation in terms of the compensation budget. The vehicles will be delivered by 31 March 2019.

Reply to question 808 recommended

GENERAL

NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE

KJ SITOLE (SOEG)

Date:2018-03-28

Reply to question 808 approved/not approved


MINISTER OF POLICE
BH CELE, MP
Date: 26/04/2018

Reply:

(i) The National Department of Health is not a line function department and as such does not operate ambulances;

(ii) All public sector ambulances are operated by the respective Provincial Departments of Health and may be based at ambulance stations attached to hospitals or clinics or at stand-alone EMS stations. The ambulances that are stationed at hospitals, clinics and stand-alone EMS bases are listed in the table in the attached Annexure 1.

END.

Reply:

Find here: (a)(b)(c)(i)(aa)(bb)(cc)

Reply:

Clinics do not have and do not require hospital beds.

END.

Reply:

Find REPY here:

Reply:

Information relating to service providers of the SSA is information that forms part of the broader operational strategy of the agency and therefore as a matter of policy the SSA does not disclose such information. It should however be observed that the SSA is overseen by the Joint Standing Committee on Intelligence (JSCI) and the Inspector General of Intelligence amongst other regulatory bodies.

Reply:

All hospitals offer accident and emergency services.

END.

Reply:

a) Urgency was cited as a reason for deviating from normal procurement processes.

b) According to the National Treasury, the services could still be procured through open competitive bidding process.

Reply:

(1 )(a)(i)(ii)

The South African Police Service (SAPS) does not have any antirhino poaching units. There are, however, trair:ied members attached to the Stock Theft and Endangered Species Units, who are responsible for all matters relating to rhino poaching in the Republic of South Africa.

There are 90 Stock Theft and Endangered Species Units and 22 satellite units, which are responsible for the investigation of all cases of Endangered Species, including rhino poaching and related crimes. The details are as follows:
 

Find here: (1)(b)(i)(ii)(iii)

Reply:

(a)(b)(c)(d) An extension is requested to respond to this Question in Parliament. The Division: Crime Intelligence has more than 7 000 employees deployed in the Division. In order to ensure that the correct and verified information is supplied, the South African Police Service (SAPS), Criminal Record Centre (CRC), has been requested to assist in this regard. Due to the fact that the information must be verified prior to submission, it will not be possible to respond on the required date. It is, therefore, requested that an extension be granted until 31 May 2018.

Reply to question 657 recommended/not recommended


NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2018-03-23

Reply to question 657 approved/not approved

MINISTER OF POLICE
BH CELE,MP
Date: 2018-04-26

Reply:

(ii) R873 366.68

Reply:

Find here: ( a)(i)(ii)(b )(i)(ii)( aa)(bb)

Reply:

(1)

(2)(a)(i) None

Find here: (2)(a)(b)(ii)

Reply:

1. There is one (1) registered public-private partnership that was entered into in March 2016, which is the City of Tshwane Fleet Management PPP project for the replacement of aged vehicles and leases (as and when the existing contracts expires) through a private party on a five year Full Maintenance Lease (FML) basis.

In the City of Tshwane Fleet Management PPP project, the names of parties contracted to the City are divided into categories of vehicle requirements. These are the companies that are contracted to the City in accordance with vehicle specification:

• Moipone Group of Companies (Pty) Ltd is contracted to supply and manage the non-specialized vehicles with a gross vehicle mass not exceeding 3500kg valued at R4 829 732.00 per month, subject to vehicle utilization;
• Fleetmatris VMS (Pty) Ltd is contracted to supply and manage the specialized vehicles (excluding red fleet, waste management vehicles and yellow plant) and vehicles with a gross vehicle mass exceeding 3500kg valued at R11 757 150.00 per month, subject to vehicle utilization;
• Moipone Group of Companies (Pty) Ltd is contracted to supply and manage waste management vehicles (including, Compactors, Rear End Loaders, and Front End Loaders) valued at R4 290 830.00 per month, subject to vehicle utilization; and
• Fleet Africa a Division of Super Group Africa (Pty) Ltd is contracted to supply and manage ambulances, fire fighting vehicles and equipment (Red Fleet) valued at R5 393 118.00 per month, subject to vehicle utilization.

2. There are no reported public-private partnerships that failed to materialize and/or did not meet its expected obligations.

Reply:

(a)(i) and (ii)
 

Find here: (b)(i)(aa)

Reply:

Original signed LIEUTENANT GENERAL

PROVINCIAL COMMISSIONER: GAUTENG

OS DE LANGE

Date: 20 March 2018

Reply to question 809 recommended

GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2018-03-28

Reply to question 809 approved/not approved

MINISTER OF POLICE
BH CELE, MP
Date: 26/04/2018

Reply:

1. (a) The CPA has no livestock but individual households have a combined total of 220 heads of livestock.

(b) 2.5 hectares per large stock unit (LSU).

(c) None by the CPA.

(d) None by the CPA.

2. (a) (i) None.

(ii) None

(b) Falls away.

3. No.

(a),(b),(c) Falls away.

Reply:

a) The Commission on Restitution of Land Rights was not involved in the appointment of the attorney in question, the attorney was appointed by the Provincial Department of Agriculture, Rural Development and Environmental Affairs through the Provincial Head of Department.

b) (i) Mr. Kenny Mokoena of KMA Attorneys.

(ii) 086 111 1898 OR 082 218 6538 and [email protected]

c) Provincial Department of Agriculture, Rural Development and Environmental Affairs.

(d) 2009.

e) This question can best be answered by the HOD of Provincial Department of Agriculture, Rural Development and Environmental Affairs.

f) This question can best be answered by the HOD of Provincial Department of Agriculture, Rural Development and Environmental Affairs.

Reply:

1. (a) (ii) (iii) (aa) (bb) The Department does not own or lease land. The office accommodation is leased through the Department of Public Works.

SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION (SALGA)

(b) (i) SALGA owns four(4) properties which consist of land and buildings as follows:

• North West, Klerksdorp, Erf no.977 Wilkoppies Extension 21.
• Gauteng, Stand no. 3278 Braamfontein.
• Kwazulu Natal, Portion 654 of the Farm of Albinia No 957
• Northern Cape, Stand no. 750 Kimberley.

(b) (ii) Not applicable

(b) (iii) Not applicable

(b) (aa)Not applicable

(b) (bb)Not applicable

MUNICIPAL DEMARCATION BOARD (MDB)

(b)The Municipal Demarcation Board (i) do not own any land (ii) have no exclusive rights to and (iii) do not lease from the State.

SOUTH AFRICAN CITIES NETWORK (SACN)

(b) The South African Cities Network does (i) not own and/nor does it (ii) have exclusive right to and/or (iii) lease from the state to (aa) use or occupy land.

Reply:

(1) Yes, the Department has a sexual harassment policy in place.

(a),(b) Falls away.

(i) In terms of the departmental Discipline Policy, read in conjunction with PSCBC Resolution 1 of 2003 (Disciplinary Code and Procedure) sexual harassment cases are investigated and managed as misconduct cases.

(ii) Consequence management is addressed through the investigations on the sexual harassment cases and the subsequent application of the Disciplinary Code and Procedure. Clause 12.5.1 of the Departmental Sexual Harassment Policy addresses types of sanctions in respect of findings of sexual harassment cases. These may include, but are not limited to counselling, verbal warning, written or final written warning for six (6) months, a combination of the aforementioned, suspension from work without pay for a maximum period of three (3) months and dismissal. Criminal charges may also be instituted against the employee by the Department depending on the nature and severity of the case.

(2) (a) (i),(ii) Nil for the past three financial years and since 1 April 2017.

(b) (i),(ii),(iii) Nil.

(c) Falls away.

Reply:

1. (a) The Department bought the CPA 2 bulls and are reported to have died during the drought but individual households have a combined total of 96 heads of livestock.

(b) 2 - 4 hectares per large stock unit (LSU).

(c) None by the CPA.

(d) None by the CPA.

2. (a) (i) None.

(ii) None.

(b) Falls away.

3. No.

(a),(b),(c) Falls away.

Reply:

(1)(a) 5 278.

(b)(i),(ii),(c) Due to the amount of information requested, the Honourable Member can visit the Department anytime to have access to the details.

(2) Yes, all farms acquired under the redistribution programme have been transferred, except for those farms that were acquired through the Proactive Land Acquisition Strategy that are registered in the name of the state and leased to beneficiaries.

Reply:

1. (a) Please refer to Annexure A.

(b) Yes.

(c),(d),(e) Falls away.

(f) There are no benefits distributed to the CPA.

(g) 81.3705 hectares.

2. (a) None.

(b) The Department of Rural Development and Land Reform provided the following:

• Agricultural implements for the amount of R 21 432.00
• Production inputs for the amount of R 200 132.50. and
• Cattle for the amount of R 235 448.63; 1 bull and fifteen heifers.

No other assistance was provided by other state Departments to the CPA.

ANNEXURE A TO NA-QUES 446 OF 2018

Reply:

1. (a) 5 538 title deeds

(b) 55% of hectares settled.

2. (a)(i) 760 959

(ii) 36%

(b) R 10 999 503 432.68

3. (a) 3 615 title deeds.

(b) 67% of the 5 407 farms acquired

4. Yes.

Reply:

1. (a) Please refer to Annexure A.

(b) Yes, they are all members of the households of the Vukuzenzele Communal Property Association.

(c),(d),(e) Falls away.

(f) None

(g) 831.3160 hectares

2. (a) None.

(b) 15 Bonsmara cattle (6 heifers in calf, 7 cows in calf and 2 bulls) for R126 371.22.

Annexure A to na-ques 490 of 2018

Reply:

1. (a) Please refer to Annexure A.

(b) Yes, they are all members of the households of the Khululeka Communal Property Association.

(c),(d),(e) Falls away.

(f) None.

(g) 816.5651 hectares.

2. (a) None.

(b) None.

Annexure A to na-ques 488 of 2018

Reply:

1. (a) Please refer to Annexure A.

(b) Yes, they are all members of the households of the Zamokuhle Communal Property Association.

(c), (d),(e) Falls away.

(f) None.

(g) 415.6564 hectares.

2. (a) None.

(b) 15 Bonsmara cattle, tractor implements, 5 ton trailer, water cart, one row harvester, agricultural inputs, tools and fertilizers.

Annexure A

Reply:

a) (i) 2 land claims with 355 households, 2494 beneficiaries.

(ii) R15 485 124.00.

(b) 2 686 Households with 19 644 beneficiaries.

c) (i) 148.

(ii) 72.

(iii) 72.

(d) R1 542 677 918.00

(e) 76.

Reply:

1. (a) Please refer to the table below.

(b) Yes, they are all members of the households of the Khanyisani Communal Property Association.

(c),(d),(e) Falls away.

(f) None.

(g) 397.5989 hectares.

2. (a) None.

(b) 35 Bonsmara cattle (17 heifers in calf, 15 cows in calf and 3 bulls).

Reply:

1. (a) Please refer to Annexure A.

(b) Yes, they are all members of the households of the Mthethofanayo Communal Property Association.

(c),(d),(e),(f),(g) Falls away.

2. (a) None.

(b) 12 Bonsmara cattle.

Annexure A to na-ques 486 of 2018

Reply:

1. (a) Please refer to Annexure A.

(b) Yes, they are all members of the households of the Siyaphumula Communal Property Association.

(c),(d),(e) Falls away.

(f) None.

(g) 557.4499 hectares.

2. (a) None.

(b) None.

Annexure A to na-ques 492 of 2018

Reply:

a) A policy implemntation framework has been developed by the Department and the Land is 100% owned by the state.

b) None, the impact assessment study has not been done since the programme was still in a pilot stage.

Reply:

a) According to the Department’s records, an amount of R18 798 186.11 for the period 2008/2009 until 2014/2015 has been paid to the Ba-Phalaborwa Local Municipality. However, invoices to the value of R27 116 178.36 are being disputed based on incorrect billing/invoicing by the municipality for the periods 2015/2016: R8 743 089.18; 2016/2017: R8 743 089.18 and 2017/2018: R9 630 000.00. The Department has since been engaging officials from Ba-Phalaborwa Local Municipality in an attempt to correct the invoices, but with no success to date. The engagements with the municipality on the outstanding invoices date back to middle December 2017 and early March 2018.

b) There is a dispute regarding incorrect billing/invoicing by the municipality for the period 2015/16 to 2017/18.

c) The account will be settled within thirty days of receipt of the correct invoices.

d) (i) Invoices to the value of R46 119 588.59 are still outstanding. The breakdown is as follows: R37 130 096.90 are disputed invoices which have been sent back to municipalities for corrections and re-submission, including the Ba- Phalaborwa one. Invoices to the value of R8 989 491.69 are en route for approval for payment to be effected in the 2017-2018 financial year.

(ii) The arrears periods varies depending on the response of municipalities to the Department’s request for correction and resubmission of invoices e.g. Ba-Phalaborwa case. On average the period in arears for the R8 989 491.69 is 44 days. The Department is committed to finalising these payments before the end of the current financial year, with the cooperation of the relevant municipalities.

Reply:

1. (a) The CPA has no livestock but individual households have a combined total of 150 heads of livestock.

(b) 2.5 hectares per large stock unit (LSU).

(c) None by the CPA.

(d) None by the CPA.

2. (a) (i) None.

(ii) None.

(b) Falls away.

3. No.

(a),(b),(c) Falls away.

Reply:

(a),(b)(i),(ii),(aa),(bb),(iii),(iv),(aa),(bb) Please refer to the table below