Questions and Replies

Reply:

Not applicable.

________________________

Approved by the Minister on

Date……………………….

Reply:

a. On what date did she receive the specified complaint

The Minister of Defence and Military Veterans did not receive any formal complaint from the Internal Audit Division employees with regard to the said certain person. However, an anonymous collective complaint was received by the office of the Secretary for Defence during September 2016.

b. What were the relevant details of the complaint?

The anonymous collective complaint was regarding allegations of unhealthy working environment, victimisation and poor work relations from the Internal Audit Division.

c. What steps did she take in this regard?

Due to the fact that the complaint was anonymous, complex and broad the Department of Defence (HR Division) could not register this matter on the Individual Grievance IT System, which is a tool available to deal with all grievances of officials in the department.

The Secretary for Defence instructed the Chief Human Resource to conduct a suitability to work assessment with regard to the complaint since it is HR related. After assessing the anonymous complaint a team of Psychologist from Military Psychological Institute as well as Management Renewal Services personnel were appointed to conduct a comprehensive investigation with implementable recommendations.

The organisational diagnosis is finalised and the department is in the process of implementing the recommendations.

Reply:

1. (a). Yes, the department does have a Sexual Harassment Policy in place.

(i) In terms of section 4 of the Departmental Sexual Harassment Policy, the victim is first assisted to determine if any medical or psycho-social intervention is required, wherein after the Director Employee Health and Wellness / Labour Relations assists the victim to compile a written report of an incident, which is then filed at Human Resources either through a formal grievance or through request to initiate a disciplinary investigation into the allegations.

Based hereon, a briefing memorandum is prepared for the attention of the Head of Department to determine whether a precautionary suspension will be required and for the appointment of an independent investigator.

An independent investigator will either be sourced from another Government department or through the Supply Chain Management process, to provide an investigation report . Based on the outcome thereof the due-processes as outline in PSCBC Resolution 1 of 2003 or Chapter 7 of the SMS Handbook regulating discipline are followed.

The victims’ rights in terms of criminal and civil remedies are also explained to him or her and are not in any way curtailed or limited by the departmental policy.

(ii) Regarding consequence management and the determination of an appropriate sanction, the department subscribes to Section 7.14 of the DPSA’s Labour Relations Sanctioning Guidelines for Public Service, which is dismissal if found guilty.

2. (a). (i) 2015/2016 – No cases.

2016/2017 - No cases

2017/2018 - No cases

(ii) As at 1 April 2017 – No cases.

(b) (i) No cases opened,

(ii) No cases withdrawn,

(ii) No cases remain opened

(c) There were no incidents reported therefore no sanctions against anyone.

Reply:

(a) Yes. An environmental authorisation should be required for seismic activities utilising sonic signal methodologies as these methodologies could impact negatively on marine species, including whales.

(b) Seismic surveying that forms part of an application for an exploration or production right for oil or gas in terms of the Mineral and Petroleum Resources Development Act, 2002, is currently listed under section 24(2) of the National Environmental Management Act, 1998 (Act No. 107 of 1998) and therefore requires an environmental authorisation.

However, seismic surveying using sonic signal methodologies as part of reconnaissance activities under the Mineral and Petroleum Resources Development Act, 2002, is currently not listed as an activity that requires an environmental authorisation under the National Environmental Management Act, 1998.

With regard to the question as to whether an EIA was conducted for offshore drilling which may be

commencing soon, the Petroleum Association of South Africa was contacted and it was determined

that there is currently an EIA underway for offshore petroleum drilling proposed by ENI and Sasol.

The EIA is at the scoping phase and it is being undertaken by the consulting company ERM. At the time of the application for the exploration right (that is, in September 2012), the environmental requirements were still regulated under the Mineral and Petroleum Resources Development Act (MPRDA). Consequently, the Environmental Management Programme (EMPr) to undertake the 2D seismic survey programme (work programme applied for) as required by section 79(4) of the MPRDA was compiled and submitted for approval. The said EMPr was supported by two specialist studies assessing the impacts of the proposed seismic surveys on marine fauna and on fisheries. Accordingly, an EIA was carried out prior to the granting of the right under the MPRDA dispensation and not under NEMA.

Currently reconnaissance, which includes seismic activities is not covered under the EIA regulations and a process between PASA, DEA and DMR to list this activity is underway.

---ooOoo---

Reply:

a) It should be noted that there is no specific criteria for persons seeking to apply for Disability Grants as a result of albinism. Section 9 of the Social Assistance Act, 2004 states that a person is eligible for a disability grant if he or she “is, owing to a physical or mental disability, unfit to obtain by virtue of any service, employment or profession the means needed to enable him or her to provide for his or her maintenance”. The assessment for eligibility is thus based on a medical assessment which should confirm the impact of the condition on the applicant’s ability to support themselves.

A person with albinism may meet the eligibility criteria for a disability grant if complications associated with albinism have activity limitation consequences on that person’s ability to function to the extent that they will not be able to meet the inherent demands of open labour market employment. It is not the condition itself which is the qualifying criteria, but rather the impact the condition has on the applicant’s ability to function independently.

b) The SASSA system does not capture detail of the diagnosis or impairments of persons applying for disability grants for reasons of confidentiality and privacy. The information is on the medical reports which remain in the files. It is therefore not possible to report on the numbers of people with albinism who receive disability grants.

________________________

Approved by the Minister on

Date……………………….

Reply:

1. (a)

The Eastern Cape, Free State and North West Provincial Education Departments have a budget baseline reduction in 2018/19 financial year of R325.2 million, R34.8 million and R81.8 million respectively.

1. (b) (i)

The Eastern Cape = R325.2 million; Free State = R34.8 million and North West = R81.8 million

1. (b) (ii)

***The North West information exclude the programme Sports Development as it is not part of the approved Provincial Education Budget and Programme Structure.

2. The operational activities of the PEDs should be in line with the allocated budget in any given MTEF period. The affected Provincial Education Departments (PEDs) should realign their 2018/19 to 2020/21 financial year operational priorities/ activities in line with the 2018 Medium Term Expenditure Framework (MTEF) allocated budget and this should also reflects in their 2018/19 Annual Performance Plans (APP).

3. Reply

EASTERN CAPE

The programmes that are affected by the budget cut are:

1. Administration: R353 million (2018/19), R337.5 million (2019/20) and R139 million (2020/21);
2. Public Ordinary Schools: R67.5 million (2018/19), R366.7 million (2019/20) and R220.5 million (2020/21);
3. Infrastructure Development: R15.1 million (2018/19), R184.4 million (2019/20) and R118.4 million (2020/21); and
4. Examination and Education Related Services: R18 million (2018/19), R30.3 million (2019/20) and R1.5 million (2020/21).

FREE STATE

The programmes that are affected by the budget cut are:

1. Administration: R768 thousands (2018/19) and R18.7 million (2019/20);
2. Public Ordinary Schools: R108.5 million (2018/19) and R61.4 million (2019/20);
3. Early Childhood Development: R12.4 million (2018/19), R41.3 million (2019/20) and R40.5 million (2020/21);
4. Infrastructure Development: R88.7 million (2019/20) and R55.6 million (2020/21); and
5. Examination and Education Related Services: R5.1 million (2019/20) and R14.8 million (2020/21).

KWAZULU-NATAL

The programmes that are affected by the budget cut are:

1. Public Ordinary Schools: R272 million (2018/19) and R299.2 million (2019/20); and
2. Infrastructure Development: R18 million (2018/19), R283.4 million (2019/20) and R198.5 million (2020/21).

MPUMALANGA

The programmes that are affected by the budget cut are:

1. Public Ordinary Schools: R60.3 million (2018/19) and R86.3 million (2019/20);
2. Infrastructure Development: R550. 5 million (2019/20) and R472. 5 million (2020/21); and
3. Examination and Education Related Services: R83.8 million (2018/19), R95.9 million (2019/20) and R109.7 million (2020/21).

NORTH WEST

The programmes that are affected by the budget cut are:

1. Administration: R18.7 million (2018/19), R23 million (2019/20) and R 36.8 million (2020/21);
2. Public Ordinary Schools: R94.8 million (2018/19) and R82.6 million (2019/20);
3. Early Childhood Development: R9.5 million (2019/20);
4. Infrastructure Development: R119.1 million (2019/20) and R76.5 million (2020/21); and
5. Examination and Education Related Services: R32.8 million (2018/19), R39.3 million (2019/20) and R41.6 million (2020/21).

Reply:

a) The application is currently at its final phase of adjudication.

b) Permanent residence applications in the category of Relatives or Spouses undergo detailed assessment, hence the delay in their finalising.

c) The application will be finalised on or before 30 April 2018.

Reply:

1. The Draft National Minimum Norms and Standards for Resourcing an Inclusive System were (a) approved by the Council of Education Ministers as Guidelines in September 2017 and (b) are in the process of being published for public comment in March 2018, as the respective gazette has already been approved and signed by the Minister on 1 February 2018.

2. The cost analysis for the implementation of the norms in the 2018 Medium Term Expenditure Framework for an increase in baseline funding was not positively considered by National Treasury, this after the Department of Basic Education had submitted a respective bid in August 2017.

Reply:

Attached is the table with the details of the (a) maximum and (b) minimum water levels at each DWS monitored dam in the county per province since 1994 (Annexure A).

In addition, a map summarizing the National Status of Water Resources since 1980 until 2017 is attached as Annexure B.

Reply:

a) The official is not currently employed in any of the entities reporting to the Minister of Transport.

b) Not applicable, refer to response in a above

 

Reply:

The process to appoint the Advisory Panel is led by the Inter Ministerial Task Team which is chaired by the Minister of Cooperative Governance and Traditional Affairs.

Reply:

(1)(a)(b)(c)(i)(ii)

Please note that the question has been referred to the Eastern Cape Provincial Education Department (ECPED). The information will be provided as soon as received from the ECPED.

(2-4) this is a Provincial matter. The Honourable Member is encouraged to request the information from the Eastern Cape Department of Education.

Reply:

No. The matter was amicably resolved on 20 February 2018.

Reply:

The department will finalize the process of reprioritization of critical posts on 31 March 2018. As a Policy making department, the critical posts will mainly consists of line function (core business) and Executive management posts however, Support function will also be taken into consideration in order to continue providing strategic administrative support to the department.

The process of reprioritization of critical posts will not compromise service delivery, The DoE continues to ensure that the limited human resources that are available are optimally utilized in order to ensure that the strategic objectives of the department are achieved.

Reply:

The question was referred to the Electoral Commission which responded as follows:

1. The Electoral Commission did not file an appeal against the Public Protector Report.
2. There are therefore no minutes reflecting that decision.
3. There were no costs incurred as there was no appeal against the Public Protector Report.

Reply:

The upgrading of the existing section of the N2 Wild Coast Road East London and Port St Johns via Mthatha is being funded through the existing SANRAL non toll MTEF budget allocation and will not be a toll road.

The 2 mega bridges, Mtentu and Msikaba, are also being funded from confirmed SANRAL non toll budget allocations.

The new greenfield section of the N2 Wild Coast Road, which is still at design stage will be atoll scheme funded through a hybrid model comprising public non-toll funds and private funds. The non-toll budget allocation of R1billion has already been made in the 2019/20 MTEF budget allocation.

 

Reply:

a) The minister has requested a detailed report from the board regarding this matter and is yet to be received.

b) Refer to answer in a

c) Refer to answer in a

d) The Minister will engage the reports once made available and take the necessary steps.

 

Reply:

There is currently a project for Mqanduli Ph6 for financial year 17/18 with a target of 500 connections. The financial year 2017/18 beneficiaries are; Mamfengwini, Enkalweni, Sikhobeni, Engqeleni, Mhlabubomkhanise, Esikobeni, Mahlathini and Gengqe. There are 289 connections / houses have been energised and the remainder which is 211 connections / houses will be completed within the next 3 months.

Depending on the availability of funds, the balance of the houses will be done in financial year 2020/21. 420 connections / houses are planned for the 2018/19 in Gotyibeni, Bijolo, Esikhobeni, Xhorana and Tutwini.

Reply:

The question was referred to the Electoral Commission which responded as follows:

The Allocation of seats in a local council is dealt with in the Municipal Structures Act, Act 117 of 1998. The existing legislation in fact deals with excessive seats. The legislation however does not provide a formula for the recalculation of the remaining seats. This omission is being dealt in the proposed amendments in the Local Government Municipal Structures Amendment Bill, 2016 which is currently before Parliament.

Reply:

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

NO	(b) ENTITY	PROPERTY DESCRIPTION LOCATION (ADDRESS)	SIZE (HECTORS /m2)	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:

a) There is no binding commercial and financial information secured yet to assist with the nuclear expansion programme. When Cabinet approved in December 2015 that the Request for Proposal be issued, the main intention was to test the market, a process which would allow the determination of the pace and scale that the country can afford. Cabinet had also resolved that the Department should report back to Cabinet before a final decision is made. Subsequently, a decision was taken by Cabinet on 02 November 2016 that:

• the Ministers of Finance, Energy and Public Enterprises collaborate on ensuring that the scaling and phasing of the nuclear programme is in the interests of the country;
• Eskom be the Owner Operator and Procurer for the Nuclear Plant as per Nuclear Energy policy of 2008;
• NECSA be the Owner Operator for the Nuclear Fuel Cycle and Multi-Purpose Reactor respectively.

Reply:

The figures reported on the 6 September 2017 were based on data uploaded to Learner Unit Record Information Tracking System (LURITS) as at 30 June 2017, which was not the final data as provinces were still uploading to LURITS. LURITS is an incremental system and it was the first time for the system to be used officially for reporting. While the 28 February 2018 response was based on the final LURITS data sets.

Reply:

(a-d) The Visa Adjudication System (VAS) is not designed to keep statistics according to company names. The system keeps records of applicants’ details in a unique identification code, commonly known as a reference number. Only through these details would the Department be in a position to retrieve the original application and explain each decision.

 

Reply:

The funding models are as follows:

a) The upgrading of the existing section of the N2 Wild Coast Road between East London and Port St Johns via Mthatha is being funded through the SANRAL existing non-toll MTEF budget allocation and will not be a toll road.

The new greenfield section of the N2 Wild Coast Road between Port St Johns and the Mtanvuna River near Port Edward is to be funded using a hybrid funding model, consisting of SANRAL non-toll MTEF budget allocation for initial construction and Toll financing for future maintenance and operations.

b) The Msikaba and Mtentu bridges will both be funded entirely from SANRAL’s existing non-toll MTEF budget allocation.

 

Reply:

I wish to inform the Honourable Member that as a recently appointed Minister of Energy, I am not privy to the requested information.

Reply:

Please see attached NA 287.

NATIONAL ASSEMBLY

WRITTEN REPLY

QUESTION 287

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 24/02/2017

INTERNAL QUESTION PAPER: 04/2017

287. Mr M R Bara (DA) to ask the Minister of Basic Education:

Has her department undertaken studies to determine the total number of children who live in the Greenstone residential area in Johannesburg, which borders Edenvale in the Ekurhuleni Metropolitan Municipality; if not, (a) why not and (b) what informed the decision of her department not to build any schools in the specified area; if so, what are the details of the study? NW306E

Response

Yes, a study has been conducted. The study showed that schools around the area are populated by children from Tembisa, and Alexandra. Here are schools that cater for children from Tembisa and Alexandra:

a) Nobel Primary School – This school is about 2km radius away from the area in question and is populated by learners from Tembisa and Alexandra and these learners are transported privately by parents to schools;

Eastlyn Primary School - This school is also about 3km radius away from the area in question and is populated by learners from Tembisa and Alexandra and these learners are transported privately by parents to schools; and

Edenglen Primary School - This school is also about 3km radius away from the area in question and is populated by learners from Tembisa and Alexandra and these learners are transported privately by parents to schools.

b) The parents of the learners residing at Greenstone apparently are not interested in these public schools or are already been assisted with accommodation at these schools. Therefore, schools around this area are capable to assist the population of learners that may need space.

If there are schools needed to be built, then such schools should be built from where these learners are coming from.

Reply:

1. Phase II of the land audit report is available on the Department of Rural Development and Land Reform’s website: www.ruraldevelopment.gov.za

2. Falls away.

3. No.

Reply:

1. (a) The CPA has no livestock but individual households have a combined total of 120 heads of livestock.

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

(c) None by CPA.

(d) None held by CPA.

2. (a)(i),(ii) None.

(b) Falls away.

3. No.

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

Reply:

1. (a) None by the CPA. Individual households have a combined total number of 180 livestock.

(b) 3.5 hectares per large stock unit (LSU).

(c) None.

(d) Falls away.

2. (a)(i),(ii) None.

(b) Falls away.

3. No.

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

 

Reply:

Response from the dti and the entities:

the dti and its entities do not own/have exclusive rights/lease from the State with the exeception of the South African Bureau of Standards. (SABS)

(b) The South African Bureau of Standards (SABS)

(i) owns the following land:

• The SABS Head Office, at 1 Dr Lategan Road Groenkloof, Pretoria, 0001 which is on 22.0907 hectares of land;
• The National Electrical Test Facility (NETFA) laboratory at Apollo Road, Olifantsfontein, 0001, which is on 11.3927 hectares of land;
• The Office at 20 Nile Road, Perridgeval, Port Elizabeth, 6056, office space of 215m2;
• Testing Laboratories and office space at 20 Brook Road, Rosebank, Cape Town, 7701 in the Western Cape, which is on 4,121m2 of land;
• The Testing Laboratory in East London at 1 Teichmann Drive, East London, 5208, which is on 8.2672 hectares of land;
• The Little Go Farm in East London at East London Road, which is on 96.166 hectares;
• The Durban Office at 15 Garth Road, Durban, 4058, which is on 24,272 m2 of land; and
• The Saldanha property at 22 Henry Wicht Avenue, Saldanha Bay which is 674m2.

(ii) have exclusive rights to:

• Secunda Building B, 8 Bunsen Street, Secunda, erf size of 647 m2; and
• The Richards Bay Coal Laboratory, 57 Dollar Drive, Richards Bay, 3900, erf size of 650 m2.

(iii) leases from the State:

• Kloppersbos, on Pyramid Road Pretoria on 156,7738 hectares; and
• The Coal and Mineral Laboratory, at the CSIR Campus at Lynwood Bridge, Pretoria, 0040, on land 460,031 m2.

(aa) use:

• The SABS Head Office, at 1 Dr Lategan Road Groenkloof, Pretoria, 0001 – offices space, training academy, design institute, provision of services and laboratory testing;
• The National Electrical Test Facility (NETFA) laboratory at Apollo Road, Olifantsfontein, 0001 - Electrical Testing Facility;
• The Middelburg Coal Laboratory, at 8 Rand Street, Middelburg, 1050 – Coal Laboratory;
• The Offices at 20 Nile Road, Perridgeval, Port Elizabeth - Certification;
• Testing Laboratories and office space at 20 Brook Road, Rosebank, Cape Town, 7701 in the Western Cape - Regional Office space and Certification Services;
• The Testing Laboratory in East London at 1 Teichmann Drive, East London, 5208 - Laboratory Services;
• The Little Go Farm in East London at East London Road - leased for farming;
• The Durban Office at 15 Garth Road, Durban, 4058 - Regional Office space and Certification Services;
• The Saldanha property at 22 Henry Wicht Avenue, Saldanha Bay, - Laboratory Services;
• The Coal and Mineral Laboratory, at the CSIR Campus at Lynwood Bridge, Pretoria, 0040 – Coal Laboratory;
• Secunda Building B, 8 Bunsen Street, Secunda - Coal Laboratory;
• The Richards Bay Coal Laboratory, 57 Dollar Drive, Richards Bay, 3900 - Laboratory Services; and
• Kloppersbos, on Pyramid Road Pretoria - Permitted explosives.

(bb) occupy:

All properties that are owned or hired by the SABS are occupied by the entity, except for the following:

• The Little Go Farm in East London is occupied by a tenant;
• Kloppersbos, on Pyramid Road Pretoria is occupied when testing is conducted; and
• Saldanha Bay is unoccupied at present.

Reply:

1. (a) None by the CPA; however individual households have a combined total number of about 100 heads of livestock.

(b) 3.5ha per large stock unit (LSU).

(c) None.

(d) Falls away.

2. (a)(i),(ii) None.

3. No.

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

 

Reply:

The Minister is aware of one case of alleged sexual harassment laid against two senior academic staff at the University of Zululand. The Department or Ministry is not aware of the details of the two case numbers submitted by the member.

The Minister notes that in terms of South Africa’s criminal justice system it is important that in such cases the law takes its course. The Higher Education Act (No 101, of 1997) provides for specific intervention by the Minister if the public higher education institution has failed to comply with any law of the country.

Reply:

1. (a) The Office of the Regional Land Claims Commissioner: Northern Cape has no record of receipt of a land claim by the name of “Komaggas” lodged prior to 31 December 1998. Should the enquirer have information of a claim being lodged, kindly bring it to the attention of the Chief Land Claims Commissioner: [email protected]This email address is being protected from spambots. You need JavaScript enabled to view it. / 012 312 8883 / 012 312 9446.

(b),(c) Falls away.

2. (a) Namakwa district has 7 Communal Property Associations registered in terms of the Communal Property Associations Act, 28 of 1996 holding a total of 232 345.4957 hectares of land and 6 areas held in trust in terms of the Transformation of Certain Rural Areas Act No. 98 of 1998 measuring approximately 1 009 643.6340 hectares.

(b) (i),(ii),(iii),(iv) Please refer to Annexure A.

3. Land acquired in terms of the Restitution of Land Rights Act No. 22 of 1994 has been registered in the name of the CPAs. Properties held in trust by the Minister in terms of the Transformation of Certain Rural Areas Act 98 of 1998 (TRANCRAA) are still to be transferred pending the establishment of legal entities as communities have opted. The Spatial Planning and Land Use Management Act require a proper land rights enquiry to be done in order to align the transfer of the land with the Spatial Development Framework of the Municipality involved. The land rights enquiry is planned to be completed in the 2018/2019 financial year. Thereafter communities will be engaged to establish the legal entities. However, the leadership (Transformation Committee/ Municipal Councils) who must be consulted for purposes of implementing TRANCRAA are in dispute thus hindering the Department’s efforts to proceed to implement TRANCRAA in the district.

ANNEXURE A TO NA-QUES 520 OF 2018

NAME OF TRANCRAA AREA	LOCAL MUNICIPALITY	Estimated (HECTARES)	CHOICE OF LEGAL ENTITY OPTED	COMMENTS
Leliefontein	Kamiesberg	159 182	Municipality	N/A
Pella	Khai-Ma	48,276	CPA	CPA not yet established
Richtersveld	Richtersveld	309 328	CPA	CPA conflict hindering transfer process
Concordia	Nama Khoi	83858	CPA	CPA not yet established
Steinkopf	Nama Khoi	285 529	CPA	CPA not yet established
Komaggas	Nama Khoi	62,600	N/A	Community refused the services of service provider appointed to assist them at the time.

Reply:

1. Yes.

a) Not applicable.

b) Not applicable.

(i) In terms of the provisions of the Code of Good Practice on the Handling of Sexual Harassment Cases, 1998.

(ii) In terms of the provisions of the Code of Good Practice on the Handling of Sexual Harassment Cases, 1998.

2. (a) (i) Nil.

(ii) Nil.

(b) (i) Nil.

(ii) Nil.

(iii) Nil.

c) Not applicable.

Reply:

1. (a) Please refer to the Table below:

No	Name and Surname
1	Zacharia Jackson Nkabinde
2	Sibongile Grace Mthanti
3	Promise Ntombifuthi Nkabinde
4	Nqobile Alzinah Mbatha
5	Lucky Khaba
6	Jabulile Nomusa Khumalo
7	Mxhosheni Simon Madela
8	Ziningi Norah Mazibuko
9	Sipho Wellington Madela
10	Philisiwe Hlengiwe Sibisi
11	Ntombikayise Agness Madela
12	Sabelani Mphostola Buthelezi
13	Khathazile Topey Mdakane
14	Thokozani Alfred Mthembu
15	Vusi Pelson Shabalala
16	Boboza Neza thembu
17	Bekinkosi Jeremia Noebele
18	Dinile Rhosta Mnoebele
19	Thembinkosi Richnel Mthanti
20	Thomas Ndebele
21	Mavis Buthelezi
22	Joseph Dumisani Ndebele
23	Hawukile Maria Buthelezi
24	Sthembile Noebele
25	Dumusani Richard Khumalo
26	Nomvula Nelisiwe Mdakane
27	Mfanisele Joseph Madela
28	Bheki Petros Zondo
29	Ntombikayise Elsie Buthelezi
30	Nonhlanhla Tryphinah Xaba
31	Bongani Alfred Mtshali
32	Sphiwe Mphumzeni Xaba
33	Ntombiza Julia Buthelezi

(b) Yes, they are members of the Mazakhele Communal Property Association.

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

(f) Post settlement support through balance of grant:

• plough, pliers and pullers amounting to R21 432.00
• seeds and fertilizers amounting to R61 132.50
• tractor amounting to R139 000.00
• cattle amounting to R235 448.63;1 bull and fifteen heifers

(g) 81.3705 hectares

2. (a) None.

(b) Plough, pliers and pullers on 12 November 2008: R21 432.00.

Seeds and fertilizers on 15 January 2009: R61 132.50.

Tractor: R139 000.00 and cattle on 13 November 2008 for the amount of R235 448.63 and 1 bull and fifteen heifers.

Reply:

(a) The SACU Heads of State and Government agreed to a comprehensive review of the 2002 SACU Agreement during the 5th SACU Summit that took place on 23rd of June 2017 in Lozitha, Swaziland. The Summit established two Ministerial Task Teams on Trade and Industry, and on Finance to oversee and manage the review of the 2002 SACU Agreement. The review of the Revenue Sharing Formula was identified and agreed upon as one of the key areas that should form part of the review process. The review of the revenue sharing formula was to be conducted in such a way that it not only supports the institution and member states in the attaining their respective developmental objectives but also does not negatively impact the socio-economic stability of SACU member states.

(b) The negotiations on the review of the 2002 SACU Agreement will commence in April 2018 with the first meetings of the Ministerial Technical Task Teams. The review of the Agreement is expected to take place over an indicative period of two years during which various options that can achieve the developmental objectives of SACU will be considered.

Reply:

The Department of Energy has a sexual harassment policy in place. The policy has been in existence since 2011. When a case is reported, an Independent Investigator is appointed to conduct a full investigation and produce a report for consideration by the management. Each case is treated based on its merits and the department strictly follows disciplinary procedure as stipulated in the Labour Relations Act, 1995.

Reply:

The NTP Radioisotopes SOC Ltd radiochemical plant was given approval by the National Nuclear Regulator (NNR) to restart production which came into effect on 22 February, 2018. The senior executives remain on leave pending finalisation of the investigations. The NTP board will thereafter decide on further appropriate actions that the organisation needs to follow in this regard.

The Necsa Group is constituted of NTP and Pelchem as its subsidiaries, as is well documented in the Group's annual report. The relationships with the subsidiaries are governed by the Necsa Group policy and procedures. It is also true that monies do flow between Necsa and NTP. Necsa as a shareholder receives dividends from NTP on the one hand; and there are also other services rendered by Necsa to NTP which are governed by service level agreements and NTP pays for these.

Since NTP and Pelchem are wholly owned subsidiaries of Necsa and some IP commercialised by these subsidiaries emanates from and belongs to Necsa as an R&D organisation, the group always reflects on the matters of where IP and its commercial value is reflected within the group. This is simply part of the optimisation of group assets and intra-group liquidity management.

Reply:

With reference to the reply to question 3558 on 10 November 2017 regarding incomplete train stations:

a) None of the companies that were contracted to perform work on the stations went into liquidation (i) in the (aa) 2015-16 and (bb) 2016-17 financial years and (ii) since 1 April 2017 to date.

b) There are no additional implications, costs and otherwise, arising for (i) PRASA and (ii) the Department since none of the companies were liquidated.

c) Companies are required to submit financials, undergo bank rating when tendering, and during the contract phase, the company will submit security such as retention and a performance guarantee. In the building environment the contractors are monitored and assessed by an appointed project manager that they meet financial obligations of the contract, e.g. ensuring that the required plant, tool and material is available for the project.

d) (i) It has been an on-going requirement for every project/tender that is issued to the market.

(ii) None, since no contractors have negative outcomes, e.g. liquidation.

Reply:

1. (a), (b) and (c):

All substations within Ekurhuleni, including all electricity distribution equipment, are earthed in accordance with the standard design and engineering standards applicable to the relevant equipment.

2. Maintenance work is carried out in terms of the department’s approved maintenance plan which inter alia includes the following:-

PRIMARY SUBSTATION INSPECTIONS

SECONDARY SUBSTATION INSPECTIONS

MINIATURE SUBSTATION INSPECTIONS

KIOSK INSPECTIONS

BATTERY INSPECTIONS

TRANSFORMER TAPCHANGER MAINTENANCE

INFRA RED SCANNING

CABLE SHEATH TESTING

CABLE OIL PRESSURE READINGS

OIL SAMPLING

OVERHEAD LINE INSPECTIONS

PRIMARY SUB - INTRUSIVE MAINTENANCE

SECONDARY SUB - INTRUSIVE MAINTENANCE

MINIATURE SUBSTATION INTRUSIVE MAINTENANCE

FOLLOW UPS - HIGH PRIORITY

FOLLOW UPS - MEDIUM PRIORITY

FOLLOW UPS - LOW PRIORITY

OVER INSPECTIONS

PRIMARY SUB CLEANING

NETWORK OPTIMIZATION

3. Copy of the maintenance plan is attached to this response Annexure A.

(4) The Municipality has the instruments to measure the gas levels since gas filled equipment, for example circuit breakers, where installed in substations, are equipped with gas pressure monitoring instrumentation when purchased. These instruments are inspected as per the maintenance plan to ensure that the pressures are correct.

(a) Not applicable

(b) Not applicable

(c) The circuit breakers filled with Sulphur Hexafluoride gas (SF6) are equipped with gas monitoring instruments fitted to them

(i) The estimated number of substations that have SF6 filled circuit breakers are 51. These are mainly the Primary Substations.

(ii) The estimated number of circuit breakers filled with SF 6 gas monitoring equipment are 419.

NW760E

Reply:

No, according to the information on the National Population Register (NPR), Ajay Gupta with ID Number: 660205 6061 184 has never been issued with a South African Passport.

(a) (i) N/A

(ii) N/A

(iii) N/A

(b) None.

Reply:

(1) (a) The cost for dismantling and re-erecting the scaffolding at the Marks Building, Parliamentary Precinct is R175 341.00.

(b) No maintenance work was suspended due to the dismantling of the scaffolding.

(2) No maintenance work was suspended as stated in 1(b) above.

(3) The State is responsible for the cost of the dismantling and re-erection of the scaffolding.

(4) (a) A joint decision was made where representatives of Parliament, Protection Services Unit of Parliament, South African Police Service and the Department of Public Works were in attendance and it was resolved that the scaffolding be removed by 02 February 2018 for security, safety and aesthetics purposes.

(b) The safety and security aspects of the scaffolding became of paramount importance when the decision was taken, as this area was identified as high-risk.

____________________________________________________________________

Reply:

1. Yes.

(1)(a-b) Not applicable.

(1)(i) The reports are investigated by Counter Corruption Branch or by Labour Relations Directorate through grievance procedures and other mechanisms as provided for in the Disciplinary Code and Procedures; Labour Relations Act; and the Departmental Sexual Harassment Policy.

The Policy stipulates the following sanctions in the case of guilty verdict:

• Counselling
• Verbal Warning
• Written Warning
• Final Written Warning
• Suspension (Without Payment for a period not more than three months)
• Demotion
• A combination of the above
• Dismissal.

(2)(a)(i) The recorded cases reported for the preceding three financial years in the department are 2 and they are as follows:

2014/15 FY	2015/16 FY	2016/17 FY
0	1	1

(2)(a)(ii) 1 Case has been opened in 2017/18 to date.

.(2)(b) The information is as follows.

Financial Year	2014/15 FY	2015/16 FY	2016/17	2017 /2018
(i) Opened	0	1 Case	1 Case	1 Case
(i) Concluded	0	1 Case but taken for review	1 Case	0
(ii) Withdrawn	0	0	0	0
(iii) Remain opened	0	1 Case.	0	1 Case

(2)(c) The information is as follows:

2015/16 FY

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

2016/17 FY

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

2017/18 FY

• The case is in progress. The employee initially registered a grievance and the grievance resolution meeting, the chairperson recommended that the alleged perpetrator should be charged with acts of misconduct for sexual harassment. The charge sheet has been formulated and the disciplinary hearing is in progress.
• The case is still on and not yet finalised – in the process

Reply:

(a)&(b) The Ministry and the Department have an established protocol with the Presidency in cases where individual members of the public approach the President of the Republic of South Africa directly (via the Presidency) regarding applications submitted to the Department. Such cases are handled in the same manner as those received from the Public Protector, South African Human Rights Commission and other organisations such as NGOs, where requests from members of the public are referred to the Department to follow-up on the status of such cases.

Requests of this nature that are received by the Presidency are forwarded to Ministry and the office of the Director General which are then disseminated to various branches. As such the volumes cannot be accurately determined to indicate the number of such cases received.

Reply:

A decision has been taken by the SACU Summit of Heads of State and Government in June 2017 to review the 2002 SACU Agreement. The review of the revenue sharing formula is one of the focus areas. The review aims to among others identify financing options for regional infrastructure and industrial projects. The dti has been working with National Treasury in this regard. National Treasury is working on proposals.

Reply:

To reduce water consumption the following measures have been put in place by the Department of Public Works in line with the water restrictions set by the City of Cape Town Metropolitan Municipality at the three Parliamentary villages:

1. all ponds and water features have been switched off;
2. irrigation has been stopped since the implementation of level 3 water restrictions (October 2016), even though the City of Cape Town had granted a special exemption;
3. washing and hosing down of hard-surfaces and paved areas with potable water has been stopped;
4. for pressure cleaning of blocked sewer systems, only non-potable water from the Parliament Precinct is being used;
5. filling of swimming pools with potable water has been stopped;
6. cleaning of wheelie bins are done with non-potable water only;
7. all gutter cleaning, roof cleaning is done by means of non-potable water only;
8. where any maintenance work requires water, only non-potable water is used;
9. taps have been removed in common areas as far as possible, to prevent misuse;
10. increased frequency of inspecting any area or items that could possibly leak or cause water loss (e.g. valves and pumps, cisterns in common facilities) and
11. there is an immediate response to any reported leaks (e.g. geysers, pipe bursts).

____________________________________________________________________

Reply:

1. The Department of Public Works (DPW) has got an approved Sexual Harassment Policy in place since 2005 (Annexure A).

(i) Reports are investigated by the DPW Labour Relations unit.

(ii) The Departmental policy does not specify the detail on consequence management, but it is guided by the Policy and Procedures on the Management of Sexual Harassment in the Public Service sanctioned by the Department of Public Service and Administration (DPSA). (Annexure B)

2. (a)

(i) One case of sexual harassment was reported during the 2014/2015 financial year.

Four cases of assault were reported during the 2014/2015 financial year.

No case of sexual harassment was reported during the 2015/2016 financial year.

One case of assault was reported during the 2015/2016 financial year.

No case of sexual harassment was reported during the 2016/2017 financial year.

Three cases of assault were reported during the 2016/2017 financial year.

(ii) No cases of sexual harassment and assault were reported in the financial year 2017/2018.

(b)

(i) Eight cases of misconduct relating to assault were opened and concluded.

(ii) None.

(iii) One case of sexual harassment is still pending due to an employee’s ill health.

(c) Three employees had sanctions imposed on them by way of one month’s suspension from work without pay coupled with final written warnings for assault.

Three employees were given final written warnings for assault.

One employee’s contract expired before misconduct charges could be preferred against them.

 

 

Reply:

To address the issue of the long queues:

a) the office is being visited by approximately 500 clients that queue for services daily. The office has therefore increased the number of information points from one to two, and photo booth stations from one to two with the third installed and awaiting the additional equipment.

b) the office ensures that frontline application counters are always fully capacitated with staff members to ensure that services are rendered at all workstations in the office.

c) the Acting Office Manager does walkabouts on hourly intervals to address clients on the performance of the systems and officials.

d) once documents are ready for collection the owners are notified thereof via short messaging services (sms). This has also been a major push factor to the office when large volumes of documents are ready for collection. The office has therefore increased the number of counters on the inside to deal with the public that comes to collect their documents.

e) the office is in the process of replacing the ageing equipment to increase productivity.

Reply:

1. The Department of Small Business Development (DSBD) has a Sexual Harassment Policy in place. With regard to handling of assault related cases, the DSBD will recognise and apply the Disciplinary Code and Procedures (Resolution 1 of 2003).

a) Not applicable.

b) The Sexual Harassment Policy was approved by the Director General on 28 May 2016.

(i) The reports will be investigated in terms of the procedures stipulated in the policy.

(ii) The policy prescribes that the existing internal procedure such as disciplinary, appeal and dispute procedures be utilised. The disciplinary measures shall be taken in accordance with the Disciplinary Codes and Procedure for the Public Service. The policy does not indicate the sanctions as each case will be dealt with on its own merits and the sanctions will be determined during the hearing.

(2)(a)(i)&(ii) There were no reported cases of sexual harassment nor assault since the Department’s inception.

(b)(i)-(iii) Not applicable.

(c) Not applicable.

Reply:

1. Table 1 below provides the number of students per university who applied and qualified to receive the 8% fee adjustment grant in 2017, and includes the amount paid to each university.

University	(1) (a)	(1) (b)
	Total number of students (0- R600 000 combined family household income)	2017 Allocation (Rands)
Central University of Technology	11 071	24 754 904.00
Durban University of Technology	13 283	35 313 197.47
University of the Free State	13 477	30 366 966.29
Nelson Mandela University	11 442	21 594 922.00
University of Johannesburg	42 498	101 196 673.00
Vaal University of Technology	15 523	30 973 295.56
Tshwane University of Technology	52 182	86 051 876.90
University of Kwazulu-Natal	22 371	67 325 054.30
Sefako Makgatho Health Sciences	2 420	5 797 308.16
University of Venda	13 211	25 609 139.36
University of Fort Hare	13 779	40 177 958.00
Stellenbosch University	3 168	27 105 036.00
University of Mpumalanga	800	1 950 200.80
Cape Peninsula University of .Technology	15 865	29 381 480.12
North West University	14 046	42 537 301.00
University of Witwatersrand	12 384	53 824 419.78
Mangosuthu University of Technology	10 422	22 015 815.11
University of Zululand	16 204	25 176 524.47
Rhodes University	2 219	12 126 093.00
University of Limpopo	14 599	34 641 856.00
Walter Sisulu University	25 111	42 067 584.85
University of Cape Town	5 319	31 073 977.00
University of the Western Cape	8 556	18 721 535.32
University of South Africa	42 297	26 028 574.00
Sol Plaatje University	439	757 502.00
University of Pretoria	8 493	29 385 598.13
Total	391 179	865 954 792.62

2. Yes, students from families with a household income of up to R600 000 per annum, will qualify for a fee adjustment grant of up to 8% in the 2018 academic year.