Questions and Replies

Reply:

(a) Critical skills visa received

Year	Total Received
2015/16	3 852
2016/17	6 304
2017/18	6 697

(b)(i)&(ii) Critical skills visa approved and rejected

Year	Approved	Rejected
2015/16	1 904	1 948
2016/17	3 032	3 272
2017/18	3 697	3 000

c) The average turnaround time for critical skills visas is 4 weeks.

Reply:

I wish to remind the Honourable Member that the matter is now before the Courts.

Reply:

 

a) The Western Cape provincial government and municipalities requested a total amount of R138.3 million for drought intervention measures. (b) The Department of Cooperative Government (DCOG) committed an amount of R74.8 million from the Emergency Disaster Grants (c) An amount of R74.8 million was made available to the provincial government in August 2017. The details of the allocation are as follows:

(i) The Provincial Department of Agriculture was allocated R40 million for the provision and transportation of livestock feed to the affected farmers.

(ii) The allocations to municipalities for water infrastructure are as follows:

• 1. City of Cape Town - R20.8 million
  2. Bitou Local Municipality – R10.9 million
  3. Theewaterskloof Local Municipality - R3.1 million.

Background Information

The allocated funds have assisted in alleviating the impact of drought situation and the province is reporting significant improvement with regard to the conditions on the ground. The department further establishes partnerships with the private sector and Non-Governmental Organisations (NGOs) where intervention measures with significant impacts and contributions have been implemented within the province. The City of Cape Town has been able to avert chronic water scarcity situation, other municipalities such as Hessequa and George have moved from a red status to a green status in terms of drought and water shortages. The improvements are due to amongst other factors, the intervention measures by government, private sector and NGO’s, stringent water use and management measures as well as the rains received in some parts of the province.

Notable is that the focus for the Department of Cooperative Governance and Traditional Affairs (DCOGTA) is on Disaster Risk Reduction measures, particularly on anticipating future disaster risks, reducing existing exposure, hazard or vulnerability as well as improving resilience within the communities in line with the Disaster Management Act (Act 57 of 2002). In this case, the department is working closely with the relevant government departments and organs of state such as the South African Weather Service (SAWS), Department of Water and Sanitation (DWS) as well as the Department of Agriculture, Forestry and Fisheries (DAFF) for the predictions of future risks and dissemination of warnings and advisories to enable informed decision making and resilience within provinces and communities.

The department has appropriate institutional arrangements within the country for continuous engagements to enable inputs and feedback from the relevant stakeholders across the spheres of government for the enhancement of government programmes in line with the Batho Pele Principles.

Reply:

In terms of section 41(1) of the Disaster Management Act, 2002 (Act No 57 of 2002) (the DM Act), the responsibility for the declaration of a provincial state of disaster lies with the Premier of a province, after consultation with the other Members of the Executive Council (MECs). In light of the above, it is important to indicate that the Minister of Cooperative Governance does not have the responsibility to consider applications for disaster declarations. Accordingly, no application for the declaration of a provincial state of disaster was submitted by the Western Cape Provincial Government to the Ministry of Cooperative Governance and as such, the Minister did not refuse the application from the Western Cape provincial government in November 2015.

(a) Not Applicable.

(b)(i) According to records at the disposal of my department, the Department of Cooperative Governance records, the City of Cape Town was not included in the drought report submitted by the Western Cape province for November 2015 to be considered in the classification process in terms of section 23 of the DM Act.

(b)(ii) Not applicable.

Background Information

Notable is that the focus for the Department of Cooperative Governance and Traditional Affairs is on Disaster Risk Reduction measures regardless of whether disaster declarations in provinces and municipalities are in place or not. The department coordinates Disaster Risk Reduction measures, particularly on anticipating future disaster risk, reducing existing exposure, hazard or vulnerability as well as improving resilience within the communities in line with the Disaster Management Act (Act 57 of 2002). In this case, the department is working closely with the relevant government departments and organs of state such as the South African weather Service (SAWS), Department of Water and Sanitation (DWS) as well as the Department of Agriculture, Forestry and Fisheries (DAFF) for the prediction of future risks and dissemination of early warnings and advisories to enable informed decision making and resilience within provinces and communities.

The department has appropriate institutional arrangements within the country for continuous engagements to enable inputs and feedback from the relevant stakeholders across the spheres of government for the enhancement of government programmes in line with the Batho Pele Principles.

Reply:

a) Yes, the information is as follows:

	(i)	(ii)	(iii)
PASSPORT NO	DATE OF APPLICATION	OFFICE OF APPLICATION	DATE OF ISSUE	DATE OF EXPIRY	STATUS
M00154401	2015/07/31	Centurion	2015/07/31	2025/07/30	Active
M00081294	2013/03/15	Pretoria	2013/03/19	2023/03/18	Active
477486059	*Not system registered (manual registration process)	Centurion	2008/06/05	2018/06/04	Passport pages full
448254276	*Not system registered (manual registration process)	SAHC New Delhi	2004/09/29	2014/09/28	Expired
437252898	*Not system registered (manual registration process)	Randburg	2002/11/04	2012/11/03	Expired

*It should be noted that some dates of passport applications done prior to 2008 is not detailed due to manual registration process, previously decentralised to front offices for registration of applications.

(b) According to the information on the National Population Register (NPR), Atul Kumar Gupta with ID Number: 6806145105080, has been issued with five (5) passports.

NB> The passport issuance is regulated by the South African Passports and Travel Document Act, Act No 04 of 1994 and its Regulations. In terms of the Act, a person can only be issued with a South African passport if he or she is in possession of a birth certificate or an Identity document bearing the identity document number of a citizen. The Gupta family member in question who is in possession of South African passports has been issued with South African Identity document with identity document number of citizen.

The Regulations 2(5) allow the Department to issue a second South African passport under circumstances listed in Regulations 8(3), 8(4) and 8(5).

The reasons for applying for a second passport, amongst others, are either the passport is full, expired or the passport is sent for visa applications. The passport application system has a facility that allows applicants to indicate the urgency of their applications.

The System did not register the date of application for the passports that were applied for in 2008 and earlier

Reply:

The Department of Energy does not own a land. Other information relating to the Entities is as follows:

NO	(b) ENTITY	PROPERTY DESCRIPTION (i) LOCATION (ADDRESS)	(ii)  SIZE (HECTORS /m2)	(ii) USES
1	SANEDI	None	N/A	N/A	N/A
2	NRWDI	None	N/A	N/A	N/A
3	NERSA	Pretoria	N/A	2,552m²	NERSA’s office building (measuring 13,606m²)
4	NNR	(b)(i) Cape Town	N/A	4525m2	Office
5	CEF	Johannesburg	N/A	3978m²	The SFF Saldanha Tank Farm is used for the storing and distribution of crude oil. Saldanha Tank Farm is also responsible for the storage of Strategic Stock on behalf of the South African Government. The other tanks are rented out to Clients for the storing of crude oil and for trading. Saldanha also manages the crude on behalf of the Chevron Refinery, based in Milnerton, which is pumped to the Refinery via pipeline.
		Saldanha Bay	N/A	177,2263ha
		Saldanha Bay	N/A
		Saldanha Bay	N/A
		Saldanha Bay	N/A
		Saldanha Bay	N/A	76,3008ha
6	NECSA	Pretoria	Pretoria	2 362 Hectors	Multiple Buildings (Necsa Facilities, Offices, And Staff Residential)
		Four (4) Properties in Albertinia	Albertinia	3 767 Hectares	Vacant Stand
		Two (2) Properties in Riversdale	Rivesrdale	2 001 M2	Vacant Stand
		Eleven (11) Properties in Springbok	Springbok	6253m2	10 Staff Residential and 1 Vacant
		Namakwaland	Namakwaland	10 869 Hectors	Multiple Buildings (Necsa Facilities, Offices, And Staff Residential)

Reply:

(1) The special voting dispensation on the provincial ballot is regulated in terms of section 33A of the Electoral Act 73 of 1998. This aspect of the electoral scheme was passed into law by the Parliament of the Republic ahead of the 2014 general elections. The key consideration of Parliament is that there is no nexus between ordinary residence outside of the Republic and a province inside of the Republic. Crucially, the nexus on the national ballot is established by the subsistence of citizenship on the part of those ordinarily resident outside of the Republic.

(2)(a) There is no legal opinion that the Commission procured on this matter.

(2)(b) The relevant extract of the Commission meeting is hereto attached is attached as Annexure A.

ANNEXURE A

 

EXCERPT FROM COMMISSION MEETING OF 21 SEPTEMBER 2012

After a deliberation on the above, the meeting APPROVED the following recommendations from the Committee:

 

1. South African citizens applying to vote abroad should be allocated to the national voters’ roll at the last known physical address of the voter in South Africa.
2. That South African citizens abroad should be required to produce both a valid South African passport and a valid South Africa identity document when registering abroad.
3. That no provincial ballot will be issued to overseas voters and other voters casting their vote outside their province of ordinary residence.
4. That voting abroad will only take place in South African missions.

The meeting AGREED that the Chairperson should approach the Leader of Government Business in Parliament.

Reply:

a) The Minister will table the names of 55 municipalities identified as dysfunctional during the next CoGTA budget vote speech. The annual MIG transfers of the identified municipalities were stopped at least twice in the past five years.

b) The primary causes of the distress and/or dysfunctionality can be traced to poor financial management, poor infrastructure management, and/or poor governance and administration. Part of the planned intervention will involve high level assessment of the actual causes in order to better inform interventions.

c) The Department is adopting a multi-pronged approach, which will includes:

• Establishment and deployment of MISA District Support Teams;
• Building a skills pipeline in local government; and
• Strengthening financial viability through implementation of financial recovery plans.

Reply:

a) Yes, the information is as follows:

	(i)	(ii)	(iii)
PASSPORT No.	DATE OF APPLICATION	OFFICE OF APPLICATION	DATE OF ISSUE	DATE OF EXPIRY	STATUS
M00234326	2017/11/03	Pretoria	2017/11/03	2027/11/02	Active
M00234360	2017/11/03	Pretoria	2017/11/03	2027/11/02	Active
M00139003	2015/02/09	Centurion	2015/02/17	2025/02/16	Passport pages are full
M00138156	2015/02/04	Centurion	2015/02/05	2025/02/04	Passport pages are full
M00069726	2012/09/13	Abroad	2012/09/14	2022/09/13	Cancelled
M00006520	2009/07/13	Pretoria	2009/07/27	2019/07/26	Cancelled
462064042	*Not system registered (manual registration process)	Centurion	2006/07/27	2016/07/26	Expired
01584182 (Temporary Passport)	*Not system registered (manual registration process)	Centurion	2006/08/11	2007/08/10	Expired

*It should be noted that some information of passport applications done prior to 2008 is not detailed due to the manual registration process, previously decentralised to front offices for registration of applications.

b) According to the information on the National Population Register (NPR), Rajesh Kumar Gupta with ID Number: 7208056345087, has been issued with eight (8) passports in total.

NB> The passport issuance is regulated by the South African Passports and Travel Document Act, Act No 04 of 1994 and its Regulations. In terms of the Act, a person can only be issued with a South African passport if he or she is in possession of a birth certificate or an Identity document bearing the identity document number of a citizen. The Gupta family member in question who is in possession of South African passports have been issued with South African Identity documents with identity document numbers of citizens.

The Regulations 2(5) allow the Department to issue a second South African passport under circumstances listed in Regulations 8(3), 8(4) and 8(5).

The reasons for applying for a second passport, amongst others, are either the passport is full, expired or the passport is sent for visa applications. The passport application system has a facility that allows applicants to indicate the urgency of their applications.

The System did not register the date of application for the passports that were applied for in 2008 and earlier.

Reply:

a) No, according to the information on the National Population Register (NPR), Ms Shivani S Gupta, the holder of this ID number: 700510 1418 186, has never been issued with a South African passport.

However, the same person, with ID number: 700510 1418 087 has two active passports as follows:

PASSPORT NO	(a)(i) DATE OF APPLICATION	(a)(iii) DATE OF ISSUE	DATE OF EXPIRY	STATUS	(a)(ii) OFFICE OF APPLICATION
M00235637	15/11/2017	15/11/2017	14/11/2027	Active	Pretoria
M00161089	06/10/2015	14/10/2015	13/10/2025	Active	Centurion

b) Shivani Gupta has been issued with a total of two passports which are active.

NB> The passport issuance is regulated by the South African Passports and Travel Document Act, Act No 04 of 1994 and its Regulations. In terms of the Act, a person can only be issued with a South African passport if he or she is in possession of a birth certificate or an Identity document bearing the identity document number of a citizen. The Gupta family member in question who is in possession of South African passports have been issued with South African Identity documents with identity document numbers of citizens.

The Regulations 2(5) allow the Department to issue a second South African passport under circumstances listed in Regulations 8(3), 8(4) and 8(5).

The reasons for applying for a second passport, amongst others, are either the passport is full, expired or the passport is sent for visa applications. The passport application system has a facility that allows applicants to indicate the urgency of their applications.

Reply:

The company in question has not been awarded any project for renewable energy. It is one of three black entity shareholders in six (6) projects acquired by a South African institutional investor, Old Mutual, after the announcement of Preferred Bidders in 2015.

Reply:

Payment of legal fees for the Department and the State in general is made by the offices of the State Attorneys, therefore, the Department, like other institutions of State, does not have the mandate to directly effect legal fees.

However, the Department has, upon receipt of this question, requested the Office of the State Attorney in question to provide details on the legal costs incurred on the Fireblade matter. The State Attorney responded to the Department’s request and advised that it has only attended to the processing of the payment of fees in respect of the Department’s legal team, which amounted to R874 199-25 thus far.

 

Reply:

a) Indeterminate in the context of the response to parliamentary question 528 means that the Commission had, as at that time of the response, not concluded its review and made determinations relating to voting procedures and requirements for voters outside of the Republic.

b) The Commission has submitted the Electoral Laws Amendment Bill to me. The process is to procure Cabinet approval and expeditious introduction into the parliamentary process.

Reply:

The Electoral Commission responded as follows:

1. The Electoral Commission has no policy of recruiting members of SADTU or members of any specific organization. To obviate possibilities of bias in the electoral process. The Commission has co-developed criteria for the recruitment of electoral staff with the National Party Liaison Committee (a committee comprising all parties represented in the National Assembly). The criteria provide, amongst others, the following elements:

• a) In the last five years the applicant must not have held political office or been a candidate in an election or have been politically active for a political party or campaigning for a political party.
• b) In the last five years the applicant must not have been elected to office in an organisation that has party political affiliations or aims.

2. The criteria are intended to exclude persons who hold active party political office. The ultimate aim is to eliminate political bias and partiality on the part of electoral staff. Additionally, the proposed staff for appointment is presented to Municipal Party Liaison Committees for screening with a view to give parties an opportunity to object to the inclusion of persons with known active political involvement.

3. To exclude applicants on the basis of membership of a trade union would constitute discriminatory practice and be open to constitutional and legal challenge. Expenses in such litigation may result in wasteful expenditure.

4. The Commission has over the last few elections being proactively recruiting unemployed young persons. Concomitant with this there has been a progressive reduction in the number of teachers employed. The attached tables present figures relative to the use of young persons as well as the teachers per election:

AGE ANALYSIS	TOTAL STAFF RECRUITED	35 and Below	% Youth
2009 NATIONAL ELECTIONS	201 328	120 882	60%
2011 MUNICIPAL ELECTIONS	198 227	120 836	61%
2014 NATIONAL ELECTIONS	213 318	126 091	59%
2016 MUNICIPAL ELECTIONS	207 015	123 873	60%
TEACHERS	TOTAL STAFF RECRUITED	Teachers	%
2009 NATIONAL ELECTIONS	201 328	35 544	18%
2011 MUNICIPAL ELECTIONS	198 227	27 675	14%
2014 NATIONAL ELECTIONS	213 318	24 065	11%
2016 MUNICIPAL ELECTIONS	207 015	18 918	9%

Reply:

1. In South Africa, though, not only did gender limit opportunities, but so too did

race. Aligning itself with our Constitution, which guarantees non-discrimination on the basis of race, gender, age, political opinion and religious beliefs, amongst other things, employment equity’s overarching aim is to ensure equal opportunity for all, and, in so doing, ensuring that the discriminatory approach and practices of the past aren’t continued or repeated in future. These ideals of non-discrimination and equal opportunity are encapsulated in the Employment Equity Act, No. 55 of 1998, and as further amended in the Employment Equity Amendment Act, No. 47 of 2013.

Affirmative action falls under the Employment Equity Act but, unlike employment equity which takes the long-term view, affirmative action can be described as a short-term labour policy which is aimed at redressing the inequalities of the past and, in so doing, achieving a transformed workplace which is representative of the greater South African population. In short, the Employment Equity Act provides a framework for implementing affirmative action.

(2)      Equality will always be an integral policy indicator with affirmative action being one of the key ingredients for its achievement, especially with the Equality Principle entrenched in our Constitution. Every policy is subject to periodic

Review, so is the Affirmative Action

(3)      None of the above

(4)      None of the above

 

Reply:

What amount did (a) her department and (b) each entity reporting to her spent on the promotion or celebration of the Year of O R Tambo on the (i) Africa News Network 7 channel (ii) SA Broadcasting Corporation (aa) television channels and (bb) radio stations, (iii) national commercial radio stations and (iv) community (aa) television and (bb) radio stations since 1 January 2017? NW347E

Entity Name	(b)(i) Africa News Network 7 Channel	(b)(ii) SA Broadcasting Corporation	(aa) television channels	(bb) radio stations	(iii) national commercial radio stations	(iv)(aa) community television	(iv)(bb) community radio stations
DoL	NONE	NONE	N0NE	NONE	NONE	NONE	NONE
CCMA	NONE	NONE	NONE	NONE	NONE	NONE	NONE
UIF	NONE	NONE	NONE	NONE	NONE	NONE	NONE
CF	NONE	NONE	NONE	NONE	NONE	NONE	NONE
NEDLAC	NONE	NONE	NONE	NONE	NONE	NONE	NONE
SEE	NONE	NONE	NONE	NONE	NONE	NONE	NONE
PSA	NONE	NONE	NONE	NONE	NONE	NONE	NONE

Reply:

a) The Expanded Public Works Programme is a programme that falls under the Department of Public Works’ remit therefore I would not be qualified to respond to this question.

b) Same as Above

c) Same as Above.

Reply:

a) The building started not to be compliant during 2009 when the landlord started renovations in a building; attempts by the Department of Labour to the Department of Public Works to acquire alternative accommodation were not successful

b) Due to the service rendered by the Department and the clients the Department serves, the Department did not want to break the services to the community. This was solely for the purpose of business continuity.

c) The infrastructure is being attended to however a suitable building has been identified by the Department of Public Works and will be available in April 2018.

Reply:

The call by the President to create 1 million jobs in three years will involve multi-faceted government strategies covering a range of initiatives such as, sector-specific interventions in sectors like agriculture, forestry, clothing, tourism and aquaculture as key growth sectors and programmes such as the recent Youth Employment Services.

The full time equivalent jobs to be created under the Expanded Public Works Programme and other initiatives across other Departments may very well be part of the equation.

 

Reply:

Government was represented in all the engagements towards establishing the modalities of a national minimum wage and this by extension included all departments.

The intended coverage of the National Minimum Wage of R20 per hour is intended for all workers in South Africa with the exception of Farm, Forestry, Domestic and Expanded Public Works Programme (EPWP) workers.

If Community health workers/ community caregivers are not under the EPWP programme, then they are covered.

END

Reply:

1. The Electoral Commission (the Commission), can confirm that there was an investigation that was conducted by the Specialised Commercial Crime Unit in relation to the Public Protector’s Report. The Electoral Commission can also confirm that the Specialised Commercial Unit had finalised the investigation and indicated that there was no reasonable prospect of a successful prosecution.

(a)-(c) The details of the report to the Specialised Commercial Crime Unit, as well as the person to whom such report was filed, including the complainant in this matter is currently unknown to the Commission. The Commission has in the meantime requested such information from the Gauteng Regional Head of the Specialised Commercial Crime Unit, and will furnish such information as soon as it is in receipt of same.

(d) The case number is Sunnyside CAS 738/09/2014.

Reply:

a) 

	Compensation	Goods & Services
	Budget R’000	Expenditure R’000	Budget R’000	Expenditure R’000
(aa)2014/2015 2015/2016 2016/2017	9 400	7 734	9 542	8 262
	14 066	9 209	18 395	10 941
	15 971	10 327	16 217	9 613
(bb)2017/2018	22 659	9 638	8 494	5 444

 

(b) The Ministerial Handbook provides guidelines on the appointment of the staff in the Private Office. It equally provides the recommended salary levels of each post. The salary levels are adjusted on an annual basis as prescribed in the Public Service Regulations.

The Office of the Minister has a staff complement of Nine (09) officials in line with the Ministerial Handbook. In line with the Protection of Personal Information Act (PoPi) and the Basic Conditions of Employment Act, I am unable to provide the members with such confidential information in the manner it is requested.

I however draw the honourable members to the department’s Annual Report wherein the organogram of the department provides the information required. Should it be insufficient, the department will make the personal files of the officials available for further scrutiny by the Auditor General as prescribed by the Act.

Reply:

2. See tables attached

(2) The macroeconomic forecast is underpinned by a set of assumptions shown in Table 1 below. The long-run macroeconomic forecast reflects expectations of potential growth based on investment and population growth as well as the state of the global economy. The combination of higher GDP growth, stronger currency, higher real bond yields, lower borrowing costs and a narrower deficit results in an improved debt-to-GDP outlook, with debt stabilising at 53.2 per cent of GDP in 2023/24.

Table 1 Budget 2018 long-run assumptions

Table 2 Budget 2018 long-run main budget framework

Reply to (1)

Reply:

I wish to preface my reply by providing background information on services provided by the State Protocol Lounges (SPLs) which in essence is part (ii) of the Honourable Member’s question.

1. SPLs are facilities provided by the South African Government to facilitate the efficient arrival and departure during domestic and international transit of the President, Deputy President, the Minister of International Relations and Cooperation, as well as Foreign Heads of States. South African Ministers are facilitated during their international travels only. The State Protocol Lounges are located at OR Tambo (ORTIA), Cape Town (CTIA) and King Shaka (KSTIA) International Airports. The ORTIA and CTIA are rented facilities properties from ACSA and the King Shaka is government owned and the Department only pays the lease for land.

2. All three Lounges operate daily from 06h00-22h00. Arrivals and departures that fall outside the normal working hours are facilitated as per need. During major events e.g. Summits, Conferences, State and Official visits, the SPL work in collaboration with other Airport Stakeholders such as ACSA, SAPS, Immigration, Customs, etc. to ensure smooth facilitations.

3. The State Protocol Lounges services are rendered freely to the VIP. The Department, through the Directorate: SPL budgets for catering in all three Lounges. The budget is centralised in and not broken down per State Protocol Lounge. However, the budget for the rental and upkeep of the Lounges is with the Business Unit: Facilities Management, which also budgets for fuel and maintenance of service vehicles.

4. The services rendered by the State Protocol Lounges include; checking-in of VIPs, clearing of passports with Immigration during international travel, transportation to and from the lounge and the aircraft. The VIPs are also served non-alcoholic beverages.

5. In 2016/17, for instance, the facilitations conducted through all three State Protocol Lounges were 27 333. Figures for 2017/18 are indicated below:

• In the 1st Quarter of 2017/18 faciltations conducted were 7 139.
• In the 2nd quarter of 2017/18 faciltations conducted were 7 148.
• In the 3rd quarter of 2017/18 facilitations conducted were 7 753.

The information requested by the Honourable Member is provided below:

(a) State Protocol Lounge Budget for:

(i) VIP Lounges (rental, utilities and cleaning services)

Lounge	2012/13	2013/14	2014/15	2015/16	2016/2017
(aa) ORTIA	1 640 957	2 360 112	2 607 624	2 881 440	3 179 400
(bb) CTIA	1 647 939	1 818 660	1 976 608	2 148 708	2 335 560
(cc) KSIA	2 218 005	2 417 340	2 580 396	2 755 560	2 943 852

(ii) Services

The VIPs are chauffeured to and from the aircrafts on the airside. They are also provided with non-alcoholic beverages whilst waiting in the State Protocol Lounges. To this end, the total budget of all the services rendered at:

(aa) OR Tambo International Airport

(bb) Cape Town International Airport

(cc) King Shaka International Airport

 

Over the past five years is as follows:

(aaa)

Period	2012/13	2013/14	2014/15	2015/16	2016/17
Groceries	100 008	138 356	192 602	194 575	294 936
Fuel	Total budget for fuel is centralised in the Transport Section.

(b) Expenditure on the VIP

(i) Lounges (rental, utilities and cleaning services)

 

Lounge	2012/13	2013/14	2014/15	2015/16	2016/2017
(aa) ORTIA	2 136 037	2 360 112	2 607 624	2 881 440	3 179 400
(bb) CTIA	1 647 939	1 818 660	1 976 608	2 148 708	2 335 560
(cc) KSIA	2 218 005	2 417 340	2 580 396	2 755 560	2 943 852

(ii) Services

The VIPs are chauffeured to and from the aircrafts on the airside. They are also provided with non-alcoholic beverages whilst waiting in the State Protocol Lounge. To this end, the total expenditure of all the services rendered at:

(aa) OR Tambo International Airport

(bb) Cape Town International Airport

(cc) King Shaka International Airport

 

Over the past five years is reflected as follows:

Period	2012/13	2013/14	2014/15	2015/16	2016/17
Catering	172 363	138 356	192 602	194 575	294 936

Period	20140301 – 20180226
Fuel	705 324.38

(bbb) Budget and Expenditure from 01 April 2017 to 28 February 2018

 

VIP Lounges

Lounge	Budget	Expenditure
ORTIA	3 519 312	3 519 312
CTIA	2 538 648	2 538 648
KSIA	3 146 330	3 146 330

Services

Item	Budget	Expenditure
Catering	206 177	107 711

Reply:

South Africa pursues a pan Africanist foreign policy, which amongst others seeks to promote the decolonisation of the African Continent. To this end, since 2004 South Africa recognized the Saharawi Arab Democratic Republic (SADR) as a full member of the African Union (AU). South Africa has been consistent in her support for the right of the people of Western Sahara to self-determination and independence. South Africa’s support is consistent with the United Nations (UN) Declaration on Decolonization and in accordance with the UN Resolution 1514 of 1960 which emphasized on the inalienable right of the indigenous people of the Western Sahara to total independence as well as the AU Roadmap towards a speedy peaceful resolution to the conflict which was reaffirmed by the recent 30th AU Summit held in Addis Ababa in January 2018.

South Africa further supports the right of the people of Western Sahara to self-determination, first as a State and later SADR’s admission to the African Union. South Africa’s solidarity with the SADR is not only historical and principled but practical. Since South Africa’s recognition of the SADR, South Africa continues to provide technical assistance and humanitarian support to the people of Western Sahara.

Furthermore, the South African and SADR governments on 29th March 2018 in Pretoria signed the Memoranda of Understanding (MoU) on Technical Assistance and Exchange of Notes on Humanitarian Assistance that will provide for the release of R10 million in humanitarian aid to assist in the provision of emergency shelter, nutrition, medical care, child protection and education in the Western Sahara refugee camps located in south-west Algeria as well as an annual R1, 771 000.00 for technical support to the SADR Embassy in Pretoria.

In addition, South Africa sponsored a decision for the Southern African Development Community (SADC) to hold a solidarity conference on Western Sahara. The solidarity conference is expected to be convened during the course of this year.

Reply:

a) There are no specific academic qualifications prescribed to be a member of one of the categories in the Pool of Specialists although academic qualifications are one of the criteria when potential members are selected. In the internal Audit section it is preferred that members must be qualified as a Chartered Accountant (CA) although it is very difficult to recruit members with that type of qualification into the SA Army as reservists. When the requirement was identified for this section as part of the Pool of Specialists, the said member was the CEO of the Public Investment Corporation (PIC) and he recruited some of the CA's within the PIC on a voluntary basis to assist with the SA Army on a part time basis as and when required to perform certain tasks related to auditing and financial control. The said member had extensive experience in public finance.

b) A number of attributes are considered when members are appointed in the Pool of Specialists as Reserve members. The said member was appointed to be in control of this section based on his experience in the field of public finances as well as his demonstrated leadership role in National Treasury after 1994 and also based on his experience as the CEO of the PIC.

c) Col Molefe advised and assisted the Military Command Council wrt strategic SANDF issues in the asset management and financial structure and architecture domains. Although he was called up over period mentioned, he only reported for duty as and when necessitated by his allocated responsibilities and tasks.

(d) The said member was appointed as a Colonel in 2009, together with 33 other reserve officers, in terms of a regulation where former Ex-NSF members were appointed as Reserve Force members. This was done under Department of Defence Instruction: C Pers No 7/99 "Appointment of ex-NSF members in the Reserve Force" issued by CSANDF on 20 September 1999. This whole effort was based on a need that existed to establish a process for members of the non-statutory forces (ex-NSF) to apply to join the Res F by entering into an appropriate agreement with the SANDF. This was further based on a need to transform the leader group of the Reserve Force. Members falling into this category were recommended for a certain rank by a specifically constituted Selection and Staffing Board based on previous military as well as other experience and where they will be utilised. The appointment for these members was signed by the Minister of Defence and Military Veterans. After appointment these Reserve Force members underwent an orientation course which included military etiquette and aspects of officers formative. Col Molefe was also appointed in 2011 as the honorary colonel of the SA Irish Regiment. He is one of two officers in the SANDF who serve as a Reserve Officer and also holds an appointment of Honorary Colonel.

e) The remuneration for a Colonel in the Reserve Force currently is R 1 857.00 per day. In the case of Col Molefe he was not paid anything for his service during that period. He preferred to do the work pro bono. In order to comply with DOD regulations regarding access to information and military cantonments, he was officially called up.

Reply:

1. Yes, my department has a sexual harassment and assault policy in place signed on 25 March 2013, copy attached for easy reference.

(i). The Chief Directorate Human Resource Management has been designated by the accounting officer of the department to deal with alleged cases of sexual harassment. According to the policy, an employee has two options to choose from to resolve the allegation, i.e. informal or formal procedure. See item 6.2 and 6.3 of the departmental policy.

(ii). Item 7.5 stipulate that the Employee Assistance unit shall provide a support structure for both the victim and the alleged perpetrator and recommend appropriate ways of dealing with the problem. Direct employees on how to access 24 hours counselling services as well as advising them on how to get legal support.

Item 7.6 stipulate that the Labor Relations officer shall inform both parties of their rights and ensure that a fair and just process ids followed in dealing with the complaint without compromising the urgency and confidentiality it deserves.

The accounting officer of the department will designate a person to deal with the alleged case of sexual harassment, appoint an investigating officer to establish the facts and made a decision based on the report of the investigating officer. He will also communicate the decision to the victim and instruct that the necessary action be taken against the perpetrator based on sufficient evidence.

2. To date the department has not received any complaint of sexual harassment from the employees.

Reply:

(1) (a)(i) The monthly rental paid for the High Commission (South Africa House) is £1,560.00 This is a 99 year lease from the Crown where the South African Government owns the building but not the land.

(ii) The monthly rental paid for the Consulate (15 Whitehall) is £64,220.89 which is used for the Department of Home Affairs Offices.

(b)(i) South Africa House is comprised of six floors above ground and three floors below ground.

(ii) The 15 Whitehall is comprised of four floors.

(2) The 99 year lease for South Africa House expires on 10 October 2029.

(3) (a) The optimal staffing complement of the High Commission including staff from all departments should be 30 transferred officials and 60 Locally Recruited Staff.

(b) The actual staff complement of the High Commission including staff from all departments is 25 Transferred Officials and 57 Locally Recruited Staff.

Reply:

DEPARTMENT OF DEFENCE

The Department of Defence is the custodian of the Defence Endowment Property Portfolio with the Minister of Defence and Military Veterans appointed as the trustee with ultimate ownership responsibility for all endowment property.The Department of Defence report on; and disclose this portfolio in the Departmental Annual Financial Statements.

DEPARTMENT OF MILITARY VETERANS

The Department of Military Veterans does not have exclusive rights to state land and does not own, occupy nor lease state land.

ARMSCOR

The table below details the land Armscor owns (i), (ii) have exclusive rights to and/or lease from the State:

 

	Description of Property	Zoning / Potential Use	Land Size m² (hectares)
1	GEROTEK Portion 171 of the farm Elandsfontein 352 JR, City of Tshwane Metropolitan Municipality.	Current Zoning: Agricultural” with “Special” business use. Potential Use: Business Use	512 000.00 (512.00 ha)
2	ALKANTPAN Section A - Lodge Section B – Residential Dwellings Section C – Testing Range	Current Zoning: Agricultural. Potential Use: Business Use	Section A: 14.73 ha Section B: 1.65 ha Section C: 85 000 ha
3	ERASMUSKLOOF Sports Grounds – ERF 610	Current Zoning: Zone 21 for Private Open Space. Potential  Use: Business Use	50 389.00 (5.04 ha)
4	ERASMUSKLOOF Vacant Land ERF 684 – Extension 4	Current Zoning: Zone 2: Residential 2 and Zone 17: Agricultural Potential Use: Business Use	72 935.00 (7.29 ha)
5	TECHNO PARK, CENTURION Erf 11 PORTION 2 HIGHVELD, CITY OF TSHWANE METROPOLITAN MUNICIPALITY	Current Zoning: Industrial 2 Use.	11 978.00 (1,1978 ha)

 

(iii) IMT Simonstown

	Description of Property	Zoning / Potential Use	Land Size m² (hectares)
1	INSTITUTE FOR MARITIME TECH FACILITIES (IMT) ERF 3779 SIMON’S TOWN, CITY OF CAPE TOWN MUNICIPALITY Lease through DPW	Current Zoning: Business use	10590.00 (1.5ha)

 

Reply:

The information was provided by Gauteng provincial Department of Cooperative Governance and Traditional Affairs

1. The City of Ekurhuleni (COE) undertook a review and development of the governance and delivery model for its entities in 2012. The process was undertaken in terms of the Bus Options Study which cost R1 439 517.85. The review assessed the financial governance status of the municipal entities as well as consideration of reconfiguring the Brakpan Bus Company (BBC) SOC Limited, to improve service delivery and maximize funding and financial efficiencies, including the consideration of re-absorbing the entity functions into the COE. A further study was triggered in terms of Section 78 of the Municipal Systems Act, 32 of 2000, with the view to review and improve operational effectiveness, governance efficiencies and to determine the most appropriate model to deliver bus services within the City. The outcomes of the study have been presented to the Executive, and should be approved by Council within the current financial year. The feasibility study was concluded and the City of Ekurhuleni is in the process of preparing an item to council for approval of the desired option.

2. The Brakpan Bus Company received a grant of R5 million per year from City of Ekurhuleni for three consecutive years which are 2014/2015, 2015/2016 and 2016/2017. This amount is for covering the shortfall from the subsidy received from Gauteng Department of Roads and Transport. In 2014/2015, financial year there was R7.7 million the City of Ekurhuleni has written off which emanate from expenses that Brakpan Bus Company was unable to pay in the financial year 2013/2014. These expenses are for services that City of Ekurhuleni supplies to Brakpan Bus Company which include diesel/fuel.

3. The operating expenditure of the Brakpan Bus Company for the financial years requested are as follows:

• 2014/2015 R26 680 400 Audited financial statement
• 2015/2016 R30 030 206 Audited financial statement
• 2016/2017 R35 058 938 Audited financial statement
• 2017/2018 R17 694 824 as per Q2 FS

Reply:

1. Yes. The table below provides details of legal costs in respect to cases in which the former President of South Africa, was involved in since 2009:

File Reference Number	Case Number	Number of Legal Representatives/Advocates	Status of the Case	Amount	Individual Years
7313/16/Z75	79808/2016; 91139/2006	Three (3) Advocates	Client's instruction pending possible appeal	R 2 530 135.52	2006 2016
2751/17/Z75	24396/17 & SCA 664/2017	Three (3) Advocates	Appeal pending	R 1 247 617.82	2017
6043 & 6041/15/Z75	CCT143/15	Five (5) Advocates	Finalized	R 3 196 492.91	2015
5076 & 8286/15/Z14	62470/15 & 93043/15	Two (2) Advocates	Appeal pending	R 1 965 705.29	2015
0184/06/Z1 & 2295/09/Z65	CCT92/07; 13569/06; 14116/05; CCT91/07 & 19577/09 & SCA836/13	One (1) Private Attorney	Finalized	R 15 300 250.00	2007 2006 2007 2009 2013
TOTAL	R 24 240 201.54

Reply:

FeverTree Consulting is a Management Consulting firm. The company was appointed to assist Armscor in the co-management of a turnaround of the corporation. The company was appointed, through an open tender process conducted in accordance with applicable legislation, included the participation of other interested parties, to assist Armscor in the co-management of a turnaround of the corporation. Criteria in the Tender process were formulated in an order of the specialist competencies and experience that Armscor require for the corporate turnaround. FeverTree Consulting was the only company that complied with all of the criteria.

The status of Mr. Ramaphosa’s association with FeverTree Consulting (Pty) Ltd is as follows: At the time of the appointment of FeverTree Consulting by Armscor, Mr Ramaphosa had resigned on 25 June 2012 from FeverTree Consulting and had no interest in the company and was not in any way associated with the company by any direct or indirect means.

Reply:

Denel was given until the 28 February 2018 to meet the suspensive conditions of securing a strategic partner in the Dockyard Transfer. On the basis that the deadline was not met, the Minister of Defence and Military Veterans determined that no further extensions be granted and that the transfer process be cancelled. Armscor continues to manage the Dockyard and deliver maintenance services of the SA Navy vessels. Armscor is now tasked with pursuing the renewal strategy of the Dockyard.

The two tenders relating to Project Hotel and Biro are standalone projects and have no interface with the Dockyard Transfer.

 

Reply:

a) From 1 January 2018 to 27 March 2018, there are 487 convictions recorded in the National Register for Sex Offenders (NRSO). However, to date, the total number of convictions recorded in the NRSO is 28 670.

b) The number of convictions recorded from 1 January 2018 to 27 March 2018 have been properly evaluated according to the required standards. The Department is in the process of reviewing all cases that were pending prior to 1 January 2018 at the Office of the Registrar to confirm the final court order.

As part of the review, the Department has also finalised the development of the new NRSO electronic system which will, upon implementation, lead to the achievement of the following functions:

1. Ability to issue Vetting & Removal Certificates;
2. Ability to scan the document’s Mandatory Fields Required from inception of processes;
3. Ability to communicate more effectively via the system between the office of the National Registrar for Sex Offenders and the courts;
4. Secure more reliable data synchronized with stakeholder Departments and stay in Sync via an integrated solution; and
5. Allow easier tracking of cases/applications.

c) At national office, there are six (6) officials currently allocated for the maintenance of the NRSO, namely: one (1) Registrar; one (1) Senior State Law Advisor, one (1) Assistant Director and three (3) Data Capturers.

d) None of the provincial education departments requested access from the NRSO in the past two years for the purposes of vetting educators before employment.

It is also important to note that the information on the Register can only be accessed by way of application in writing by the following category of persons:

1. Employers;
2. A relevant Authority in terms of section 48(1) of the Act;
3. An employee in respect of her own particulars;
4. A person applying for a license or approval to manage or operate any entity -section 47(2) of the Act;
5. A person applying to become a foster parent – section 48 (2); and
6. Any person applying in respect of his or her own particulars.

Should any provincial education department wish to ascertain whether or not the name of any teacher appear in the NRSO, it must apply in writing to the Registrar of the National Register for Sex Offenders for the prescribed certificate.

.

Reply:

a) The total number of staff members at Armscor who were granted severance or Special packages are as follow:

• 2015/16 - 0
• 2016/17 - 2
• 2017/18 - 29

b) The Early Retirement and Voluntary Severance Packages were offered to employees aged 55 and above subject to the retention of skills, availability of successors for critical positions, non-compromise in meeting operational deliverables as well as the financial implications per employee.

Where the company could derive savings within three years of the total severance package, an offer was made for two weeks’ pay for every year of service plus company pension benefits up to 60 years age. A total of 23 employees accepted this package.

Where the company could not deliver savings within three of the total severance package one week counter-offer was made for every year of service plus company pension benefits up to 60 years of age. A total of 6 employees accepted this package.

This proposal was approved by the Board of Directors.

Reply:

a) The Department of Justice and Constitutional Development (DoJ&CD) does not own any land or property. However it uses state owned properties that are under the custodianship of the National Department of Public Works.

In the effort of executing its mandate of administration of justice, the DoJ&CD’s Courts make use of physical assets in the form of courts and office buildings. The Department is accommodated in 672 state-owned properties and is leasing only 120 buildings mainly offices throughout the country. In an effort to strike a balance, the composition of the Departments portfolio lies within an acceptable ratio of 80% state owned and 20% leased building.

b) The entities reporting to me have reported as follows:

(i) LEGAL AID SOUTH AFRICA:

Legal Aid SA owns seven (7) pieces of land per the table below. All properties are used for as Legal Aid SA’s local offices.

No.	Local Office	Physical Address	ERF M2	Building M2	Usage
Gauteng Province
1.	National Office	ERF 4410 29 de Beer Street Braamfontein	1,490	8,289	Used as Legal Aid SA’s National Office
2.	Krugersdorp	ERF 1737 51 Burger Street Krugersdorp, Mogale City Gauteng 1740	495	1,298	Krugersdorp local office (Refurbishment in progress and will be occupied on 01 June 2018)
3.	Benoni	ERF 884 18 Howard Avenue Benoni 1501	595	1,696	Benoni local office. (Refurbishment will commence on 01 June 2018 and will be occupied on 01 October 2018)
North-West Province
4.	Litchenburg	ERF 1956 25 Bantjies Street Litchenburg 2740	1,086	258	Lichtenburg local office
	Free State Province
5.	Welkom	Archiquant Building 8 Heerent Street Welkom 9460	373	1,073	Welkom local office
Mpumalanga Province
6.	Middleburg	ERF 408 Middleburg Township Tshwete Local Municipality 1050	996	616	Middelburg local office
7.	Witbank	ERF 109 17 Botha Street, Witbank Mpumalanga Province 1035	2,231	1,548	Witbank local office

N.B: The Polokwane and Mitchells Plain Offices operate directly from court buildings maintained by the State.

The Nelspruit Office will in the near future operate from a state owned court building.

(ii) SPECIAL INVESTIGATING UNIT

The Special Investigating Unit does not rent or/and have any exclusive rights on any State owned land.

Reply:

Armscor implemented an efficient structure in order to respond to the objective of the Armscor Act, respond to the demands of the Department of Defence, to be cost effective and to achieve its Turnaround Strategy. A benchmarking study with similar organisations and state owned enterprises such as Council for Scientific and Industrial Research (CSIR), South African Nuclear Energy Corporation (NECSA) was undertaken.

The restructuring of the executive management took into consideration the delegation and accountability by streamlining and strengthening the executive decision making to create fewer executive committee members with broader spans of control. Price Waterhouse Coopers (PWC) benchmarked the recommended remuneration and approval by the Board of Directors was obtained. No budgets were increased to fund new salaries and market benchmarks placed the salaries at the lower pay scale quartile which is below midpoint for executive management.

 

Reply:

The Ministerial Handbook provides guidelines on the appointment of the staff in the Private Office. It equally provides the recommended salary levels of each post. The salary levels are adjusted on an annual basis as prescribed in the Public Service Regulations.

The Office of the Minister has a full staff complement as defined in the Ministerial Handbook. In line with the Protection of Personal Information Act (PoPi) and the Basic Conditions of Employment Act am unable to provide the members with such confidential information in the manner it is requested.

I however draw the honourable members to the department’s Annual Report wherein the organogram of the department provides the information required. Should it be insufficient, the department will make the personal files of the officials available for further scrutiny by the Auditor General as prescribed by the Act.

Reply:

a) Budgeting for provisioning of educators is done in terms of the normal government budgeting processes. On an annual basis, each Member of the Executive Council (MEC) for Education declares a basket of posts his/her Provincial Education Department based on the available budget for. Such posts are then distributed to schools using the post provisioning model. Therefore, vacancies that exist at any point are part of the declared post establishment and are funded. There is no additional amount of funding required to fill existing vacancies.

b) Trends in the growth of learners enrolled in public schools have shown a low annual growth of less than 1% per annum and is unlikely to change in the foreseeable future. Therefore, growth in the demand for educators as a result of growth in learner enrolment which will require creation of additional posts, is unlikely to outstrip the current budget growth trends.

Reply:

The following tables reflects the details in this regard.

(1) Table 1.

(a)	(b)	(i)	(ii)
Yes	13 September 2017	Appoint an investigator to investigate the complaint formally	The policy stipulates that sexual harassment is a misconduct and all cases of sexual harassment will be handled in line with the disciplinary code and procedure and LRA

(2) Table 2

(a)(i)	(ii)	(b)(i)	(ii)	(iii)	(c)
0	1	1	0	1	Investigation still in progress

END.

Reply:

Honourable Member, there is no clinic that does not offer gynaecology services in this country.

END.

Reply:

(a){b)(i)(ii)(aa) National Instruction 3 of 2008, Sexual Offences, was issued in terms of Section 66(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007). This National Instruction prescribes the policy and minimum standards (roles, responsibilities, procedures and processes) for dealing with sexual offences by all members of the South African Police Service (SAPS).

The Civilian Secretariat for Police Service (CSP), has issued the Policy on Reducing Barriers to the Reporting of Sexual Offences and Domestic Violence.

(a)(b)(i)(ii)(bb) National Instruction 7 of 1999, Domestic Violence, was issued in terms of Section 18(3) of the Domestic Violence Act, 1998 (Act No 116 of 1998). This National Instruction prescribes the policy and minimum standards (roles, responsibilities, procedures and processes.) for dealing with cases relating to domestic violence by all members of the SAPS.

The CSP has issued the Policy on Reducing Barriers to the Reporting of Sexual Offences and Domestic Violence.

(a)(b)(i)(ii)(cc) National Instruction 3 of 2010, Care and Protection of Children in terms of the Children's Act, was issued In terms of the Children's Act, 2005 (Act No 38 of 2005). This National Instruction prescribes the policy and minimum standards (roles, responsibilities, procedures and processes) for dealing with the care and protection of children by all members of the SAPS.

National Instruction 2 of 2010, Children in Conflict with the Law, was issued in terms of Section 97(5) of the Child Justice Act, 2008 (Act No 75 of 2008). This National Instruction prescribes the policy and minimum standards (roles, responsibilities, procedures and processes) for dealing with cases relating to children in conflict with the law by all members of the SAPS.

The Minister's Six Point Plan sets out the minimum standards for the service provided to a victim of gender-based violence.

Original signed MAJOR GENERAL

ACTING DIVISIONAL COMMISSIONER: DETECTIVE SERVICE

LMAGSON
Date: 15 March 2018

Reply to question 702 recommend


GENERAL NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE
KJ SITOLE (SOEG)
Date: 2018-04-11

Reply to question 702 approved/not approved

MINISTER OF POLICE
BH CELE, MP
Date: 2018-04-11

Reply:

a) The sewer spillage is from a Municipal sewer line that is traversing the school site. The sewer broke and spilled sewage into the school grounds up to the school building’s corridor and verandas. As a form of emergency intervention to ensure uninterrupted teaching and learning for the school, the Department instructed the Implementing Agent, the Department of Public Works, Roads and Transport (DPWRT) to appoint a service provider to attend to the sewer spillage waste. The service provider will address the spillage starting from 24 March 2018, completing on 16 April 2018. The cleaning process involves application of sanitising chemicals around the school yard to kill pathogens that may cause diseases to the learners and educators.

b) Steps taken include engaging the responsible municipality. The Department is also engaging the municipality through the Department of Cooperative Governance and Traditional Affairs (COGTA) to re-direct the sewer pipe from the school site as a long term measure.

(i) Timeframes for the long-term solution are not yet in place as engagements are still taking place.

(ii) The alternative solution is the engagement with COGTA.

Reply:

The attached table in Annexure 1 reflects the details in this regard.

END.

Reply:

Honourable Member, there is no hospital that does not offer pharmaceutical services in this country.

END.

Reply:

Honourable Member, there is no hospital that does not offer gynaecology services in this country.

END.

Reply:

Both international and South African law does not define education as an essential service. This is confirmed in the published list of essential services in South Africa by the Essential Service Committee (ESC), as established in the Labour Relations Act (LRA).

The Department of Basic Education has the view to support the declaration of a minimum service level agreement for school staff by the Essential Service Committee (ESC) when children are left unsupervised during school hours, but can only do so with the support of the teacher trade unions in the Education Labour Relations Council (ELRC) and with a directive from the ESC, since the jurisdiction to do so lies with the ESC as determined in the LRA.

Reply:

a) SASSA uses the Pay Master General Account held with the South African Reserve Bank.

b) 16 October 2017

c) (i) SARB – R0

Bankserv – R1 per transaction

(ii) SASSA pays all transaction fees at the agreed upon rate on a monthly basis.

________________________

Approved by the Minister on

Date……………………….

Reply:

Refer to the Department of Health.

________________________

Approved by the Minister on

Date……………………….

Reply:

Honourable Member, all hospitals in the country do offer paediatric services except specialised TB and Psychiatric hospitals which will offer services related to their speciality.

END.