Questions and Replies

Reply:

It should be noted that no vehicles were purchased neither for myself nor for the Deputy Minister, during the financial years 2014-15; 2016-17 and since 1 April 2017. The vehicles were bought in June 2015.

Two vehicles were purchased (one for each of us) and their details are as follows:

For myself:

(a) Make: Audi Q7

(b) Model: 4LB0GA

(c) Price: R717,492.06

(d) Date: 20 July 2015 (delivery date)

For the Deputy Minister:

(a) Make: Audi Q7

(b) Model: 4LB0GA

(c) Price: R717,492.06

(d) Date: 20 July 2015 (delivery date)

END.

Reply:

1. In 2009 the Department finalised an intersectoral implementation plan and a monitoring and evaluation framework to ensure that provisions of the Children’s Act are implemented in an intersectoral and integrated manner.

2. The Department is not exempted from any of the provisions of the Children’s Act.

3. The Minister’s Office has not been informed of a written agenda by departmental officials describing the involvement of nonsocial work professionals such as lawyers and psychologists as unnecessary in service delivery to children.

4. The Minister’s Office undertakes to inquire within the Department regarding this matter with a view to establish (a) which departmental officials (i) authorised the agenda, (ii) conducted the meetings and (iii) attended the meetings and (b) The Minister’s Office will take steps to ensure that (i) these officials are held to account, (ii) the misperception that has been created is rectified and (iii) written communication is sent to all members of the department to request them to refrain from infringing upon the constitutional rights of children and contravening section 5 of the specified Act.

________________________

Approved by the Minister on

Date……………………….

Reply:

Our policy is that all our clinics offer HIV Counselling and Testing and they have been offered resources to do so. If any experiences problems at any one day, it will be a momentary problem which can be resolved.

END.

Reply:

The National Institute for Humanities and Social Sciences (NIHSS) has provided the following responses.

1. (a) The Board was appointed on 27 March 2014. At that stage, the NIHSS was a new organisation and did not have policies and procedures in place. The remuneration of the Board members was therefore aligned to the “2014 Remuneration of Board Members” circular, Category A, Sub-category A2, which indicates that a daily rate of R3 648 shall be paid to the Chairperson and R2 880 to ordinary members. These rates were lowered to R3 500 for the Chairperson and R2 500 for ordinary members.

(b) Claims for expenditure for board members are reimbursed provided it was incurred for the business purposes related to the NIHSS.

(c) There were no specific benefits that accrued to board members, other than
re-imbursement of travel/subsistence or expenditure incurred while carrying out the duties of the NIHSS.

2. Yes.

(a) Office space was provided for meetings held by board members on the NIHSS premises. This was for carrying out the duties of the NIHSS.

(b) This was limited to instances for carrying out the duties of the NIHSS.

Reply:

(a) and (b) All public clinics do offer TB services as part of the routine services offered as a component of the primary health care package.

END.

Reply:

Honourable Member, I wish to strike an understanding with you that the concept of negligence by medical staff is not something that is just recorded at each hospital. It is rather a verdict that can only be arrived at by a Judicial or quasi judicial process.

As such, I will need to contact judicial and the quasi judicial structures in health, in this case the Health Professions Council of South Africa (HPCSA), to get the correct information and will revert back to you as soon as I have it.

END.

Reply:

1.1 The Department has a Policy and Procedure on the Prevention and Management of Sexual Harassment, approved on 7 April 2017 by the Director-General. (Annexure A)

1.2 In terms of Section 12.1.1 the policy states that “The Head of Department shall appoint the Director responsible for Labour Relations as the Department Sexual Harassment Advisor to deal with sexual harassment complaints. This shall be a permanent appointment.”

1.3 In Section 13.3 (13.3.1 to 13.3.9) of the Policy it outlines the manner on how sexual harassment should be investigated, with provisions that

1.3.1 “The Sexual Harassment Advisor serves as the first line of contact to complaints of alleged sexual harassment.

1.3.2 The role of the sexual harassment advisor is to provide a neutral, confidential and supportive environment for employees who have reported that they have been sexually harassed;

1.3.3 Explain the disciplinary procedure and time frames to complainants and respondents in both formal and informal procedures; and advise the complainant on the appropriate course of action and support available;

1.3.4 Provide guidance (if necessary) on how to complete the appropriate grievance form; and provide the respondent with a copy of this policy and any relevant document on disciplinary rules and procedures in the department;

1.3.5 Issue a written notice of the complainant to the respondent and explain the protective measures available to the complainant;

1.3.6 Investigate the complaint and bring the case to the attention of the Director-General;

1.3.7 Avoid unreasonable delays during the investigation and conclusion of any sexual harassment complaint;

1.3.8 Monitor and submit quarterly statistical reports on all cases reported, resolved and pending to the Director-General;

1.3.9 Contribute to the development, coordination, and implementation of educational programmes and awareness raising activities for prevention and management of sexual harassment in the department.”

1.4 In terms of Section 13.2.5 of the Policy it provides for ensuring that “Disciplinary measures are applied in accordance with the Disciplinary Code and Procedures (PSCBC Resolution 1 of 2003) in the Public Service, and its specified timeframes.” In addition Section 16.4.1 of the Policy provides that, “Should the respondent be found guilty of the offence, in line with Section 19.3.2, the Presiding Officer shall recommend a disciplinary sanction which may include any of the following or a combination of them: Mandatory referral for counselling and/or EHW intervention/s; Verbal warning; Written warning; Final written warning; Suspension (without pay for not more than 3 months); Demotion (as an alternative to dismissal) and Dismissal.

2(a) Two incidents of sexual harassment and assault were reported in the Department in the past three financial years:

2(b) The complaints were reported to the Employee Health and Wellness (EHW) unit although no formal grievances lodged by complainants to the Labour Relations unit, in terms of the policy.

2(c) The 1st incident was investigated with the perpetrator being reprimanded by the appointed supervisor; The 2nd incident resulted in the perpetrator being issued with a warning by his supervisor; the perpetrator apologizing to the complainant; and approval granted for the complainant to be transferred to another unit was as requested by the complainant.

Reply:

Neither the National Department of Health nor the entities reporting to the Ministry of Health spent any funds on the promotion or celebration of the Year of OR Tambo on any of the media platforms cited above since 1 January 2017.

END.

Reply:

OBJECTIVES:

According to Article 1 of the MOU, the Parties shall cooperate in the use of defence resource and promote joint research and development, including procurement of defence equipment, promote cooperation in the field of training, promote mutual support by encouraging and facilitating the exchange of defence related information, cooperate in the field of military medical services including the exchange of medical personnel and information regarding military health aspects, encourage the exchange of military personnel visits at all levels and promote sporting and cultural links between the Armed Forces, identify and promote defence related activities, including peace support operations and disaster management which would serve the principles of standardisation and inter-operability, foster cooperation between their respective defence-related industries, and act only in advisory and training capacities and will under no circumstances take part in hostilities or operations of a warlike nature by any armed force of the Republic of South Africa or the Republic of South Sudan, nor any operation of any force concerned with the enforcement or maintenance of peace, internal security or law and order.

Reply:

1. (a) The total number of learners who underwent assessment at INDLELA in 2016/17 and 2017/18 is 8361.

(b) The total number of learners who passed their trade test at INDLELA during this period is 6383.

The table below indicates the trade tests conducted and passed per trade during 2016/17 and 2017/18

No	Trade	2016/17	2017/18 As at the end of Quarter 3
		Tested	Passed	Tested	Passed
	Aircraft maintenance mechanic	52	41	25	15
	Aircraft structures worker	15	11	0	0
	Armature winder	11	11	10	9
	Automotive motor mechanic	129	71	94	50
	Avionics mechanician	4	4	1	1
	Blacksmith	1	1	0	0
	Boiler maker	413	356	303	206
	Bricklayer	107	35	105	25
	Carpenter	135	90	107	49
	Diesel mechanic	355	139	308	84
	Electrician	1175	886	1442	787
	Electronic equipment mechanician	11	9	12	8
	Fitter and turner	45	23	88	25
	Heavy equipment mechanic	63	32	36	18
	Instrument mechanician	18	15	10	9
	Joiner	0	0	1	1
	Mechanical fitter	360	298	421	237
	Metal machinist	19	15	28	9
	Millwright	39	34	46	30
	Painter	101	54	91	34
	Panelbeater	17	10	6	2
	Plasterer	5	1	0	0
	Plumber	639	594	422	335
	Radiotrician	13	8	4	3
	Rigger	164	105	144	60
	Sheetmetal worker	1	1	0	0
	Structural plater	0	0	10	6
	Transportation electrician	62	33	98	34
	Vehicle body builder	2	2	0	0
	Vehicle painter	21	14	11	4
	Welder	380	300	184	149
TOTAL	4357	3193	4007	2190

2. (a) The mean waiting (lead) time between the receipt of an application for a trade test and the first date on which the actual assessment was undertaken was 120 days (annual average) for 2016/17 and 86 days (annual average) for 2017/18 which is a year-to-year average of 103 days as at the third quarter of 2017/18 over the two year period.

Table on average lead time:

Financial Year	Quarter 1	Quarter 2	Quarter 3	Quarter 4	Annual
2016 - 2017	148 days	112 days	121 days	97 days	120 days
2017 - 2018	97 days	73 days	86 days	Outstanding	Outstanding

(b) When a candidate finishes his/her trade test, the assessor gives immediate feedback in the workshop, including his/her overall results. However, the process is still subject to quality assurance conducted by a moderator. If successful, it then takes a month for a candidate to receive his/her certificate issued by the Quality Council for Trades and Occupations (QCTO). A trade test centre is required to forward the certificate to the candidate once the QCTO has issued.

3. (a) The total cost of trade tests and related services at INDLELA for the financial year 2017/18 as at 12 March 2018 was R80 474 000 made up of R9 306 000 for goods and services, R357 000 for machinery and equipment and the difference of R70 811 000 for remuneration of staff. The current allocation in terms of goods and services, machinery and equipment does not enable improvement of the facility and merely provides for service delivery.

The cost for a trade test to employed candidates varies between a minimum of R220 to a maximum of R500 depending on the trade and for unemployed candidates between R220 and R275 also depending on the trade for which the candidate applies.

b) Included in the trade test fees is the trade test application, registration, testing and certification costs. A trade test applicant only pays the fees if his or her application is successful in meeting the criteria for access to a trade test as regulated under Trade Test Regulations 11(3) or 11(5) or the Artisan Recognition of Prior Learning (ARPL) process.

4. (a) INDLELA works closely with the National Artisan Moderation Body (NAMB) which in the past three years has progressively eliminated unaccredited trade test centres and training providers from the system. The elimination is achieved through allocation of a serial number system which is given only to accredited trade test centres and training providers who meet the minimum accreditation standards. Without this serial number they cannot be registered on the system for trade testing. NAMB continuously performs quality assurance audits at these accredited trade test centres and training providers and those who fall below the minimum quality standard requirements face deregistration.

To improve the success chances of candidates, the Department has, in consultation with business and organised labour, developed and progressively started with the implementation of an ARPL intervention process founded on a tested model. The broader objective of the ARPL intervention is to assist in closing knowledge and skills gaps identified during and after the assessment process. To this effect, ARPL interventions for the welding, boiler making, mechanical fitting, diesel mechanic and motor mechanic trades was implemented nationally on 19 October 2017 and for hairdressing on
6 December 2017. Due to the short period since implementation and considering the process and duration from when an applicant entering the ARPL process to writing a trade test, it is still early to indicate the success rate.

INDLELA has also developed the National Artisan Development Strategy which re-establishes the dual system of apprenticeship training. The implementation date is envisaged to be in April 2019, subject to successful policy development processes.

b) Artisan statistics from INDLELA trade testing indicate a continuously improving pass rate percentage which in the previous 3 years (2013/14, 2014/15 and 2015/16) on average was 45% yet in 2016/17 financial year improved to 52%.

5. (a) INDLELA hostel has a bed and breakfast facility and can accommodate a total of 100 candidates in hostel rooms, of which 20 rooms are fitted with two single beds for female candidates; 20 rooms are fitted with two single beds for male candidates; and 20 rooms are fitted with a single bed for male candidates.

b) The cost for accommodation including bed and breakfast is R 130 per candidate per day. On average 60 candidates tested at INDLELA per session are utilising the accommodation facility leading to an average occupation rate of around 60% of the facilities.

Reply:

Honourable Member, before even checking issues of compliance with the National Health Act, as far as the Buthelezi Ambulance Services in the Free State is concerned, I thought it is important to check first how this service was procured in the first place.

It looks like the procurement of this service breached several Treasury regulations and the PFMA.

On the 8th March 2018 I wrote to the Minister of Finance and requested that the Chief Procurement Officer (CPO) in the National Treasury investigate this matter. As soon as I get the outcome of the investigation I will revert back to you. I regard this matter as a scene of a crime and will wait for National Treasury to show direction and take it up from there.

END.

Reply:

1. There are forty-one (41) positions of principals appointed permanently at public technical and vocational education and training (TVET) colleges.

2. The table below is showing the names of colleges, date of acting appointment and period of acting appointment:

Name of College	Date of acting appointment	Period of acting appointment
Boland TVET College	The acting appointment was after the retirement of the Principal on 1/7/2017	The total period of acting is nine (9) months, which was subject to an extension after a six months period.
Capricorn TVET College	The acting appointment was after the retirement of the Principal on 1/7/2017.	The total period of acting is nine (9) months, which was subject to an extension after a six months period.
Ingwe TVET College	The acting appointment was after the dismissal of the incumbent on 1/7/2016; the incumbent lodged a dispute at the GPSSBC.	The total perod is twenty-one (21) months, the post could not be advertised and filled permanently due to a dispute lodged by the dismissed incumbent on unfair dismissal.
Northern Cape Urban TVET College	The acting appointment was after the retirement of the Principal on 1/5/2017.	The total period of acting is eleven (11) months, which was subject to an extension after a six months period.
Sedibeng TVET College	The acting appointment was after the retirement of the Principal on 1/5/2017.	The total period of acting is eleven (11) months, which was subject to an extension after a six months period.
Orbit TVET College	The acting appointment was after the retirement of the Principal on 1/5/2017.	The total period of acting is eleven (11) months, which was subject to an extension after a six months period.
Vhembe TVET College	The acting appointment was after the transfer of the Principal to the Regional Office on 1/7/2017 due to death threats.	The total period of acting is nine (9) months, which was subject to an extension after a six months period.
Vuselela TVET College	The acting appointment was after the retirement of the Principal on 1/10/2017.	The total period of acting is six months, which was subject to an extension after a six months period.
West Coast TVET College	The acting appointment was after the retirement of the Principal on 1/1/2018.	The total period of acting is three (3) months.

3. (a) There is one (1) principal position that became vacant in 2016; and there are seven (7) principal positions that became vacant in 2017.

(b) The table below shows the positions that became vacant due to retirement,
(c) dates, (i) whether the department was informed of such vacancies and (ii) progress in respect to the recruitment and selection processes

(a) Principal vacancies due to retirement	(b) Date of retirement	(c)(i) Department informed of vacancies	(c)(ii) various offers of employment accepted
Boland TVET College	1 July 2017	Yes	The panel will be re-convened on 23 April 2018 to consider the results of the competency assessment and make a recommendation for consideration by the appointing authority.
Capricorn TVET College, the principal went on compulsory retirement	30 June 2017	Yes	The shortlisting was conducted on 27 March 2018 and the interviews will be conducted before 30 April 2018.
Northern Cape Urban TVET College, the principal went on compulsory retirement.	30 April 2017	Yes	The recruitment and selection process has been completed and a recommendation has been made for consideration by the relevant appointing authority.
Orbit TVET College, the principal went on compulsory retirement.	30 April 2017	Yes	The recruitment and selection process has been completed and a recommendation has been made for consideration by the relevant appointing authority.
Sedibeng TVET College the principal went on compulsory retirement.	1 April 2017	Yes	The recruitment and selection process has been completed and a recommendation has been made for consideration by the relevant appointing authority.
Vuselela TVET College, the principal went on normal retirement.	1 October 2017	Yes	The shortlisting was conducted on 23 March 2018 and the interviews will be conducted before 30 April 2018.
West Coast TVET College the principal went on compulsory retirement.	31 December 2017	Yes	The shortlisting will be conducted on 20 April 2018.

4. The timeline for the Department to fill the position of principal of Boland TVET College was 180 days from date of the advertisement. The Principal gave notice of her retirement on 31 March 2017 with effect from 30 June 2017. The post was advertised on 30 April 2017. The interviews were held on 09 November 2017. As required by the Public Service Regulations, competency assessments for the first two top candidates were conducted on 12 December 2017 and 27 February 2018. The panel is due to re-convene on 23 April 2018 to consider the results of the competency assessment.

5. (a) Yes, the Minister is concerned about the possible negative impact of the current turnaround time for the appointment of senior staff at public TVET colleges. The following have been put in place to improve the turnaround time for the filling of vacancies in the Department:

• Lowering of the delegations of authority;
• Appointing Branch Heads to manage and coordinate shortlisting and interviewing; and
• Developing an e-recruitment system to advertise and ensure the efficient management of recruitment and selection processes.

(b) The 180 days or six months period to fill vacancies from the date of advertisement, as per the current Annual Performance Plan, is considered as an appropriate period for the filling of the positions. However, the Department has to ensure that the plan to improve recruitment and selection processes is implemented and adhered to.

Reply:

1. (a ) - (d) Refer to Table 1 below.

Table 1: List of the 10 new TVET College Campuses

No.	TVET College	Campus	1 (a) Location of campuses	1 (b) Student Capacity	1 (c) Bid Status	1 (d) Estimated Cost (at the time of tender)
			Municipality	Physical Address
	Eastcape Midlands	Graaff-Reinet	Camdeboo Local Cacadu District	Erf 9012, 4140 and 4150, Graaff-Reinet	365	Contract awarding in process	R 99 273 673
	Ingwe	Ngqungqushe	Ngquza Hill Local OR Tambo District	ERF 2786, Lusikisiki	470	Contract awarding in process	R 111 184 488
	Ikhala	Sterkspruit	Senqu Local Joe Gqabi District	Portion 11 of Farm 82, Herschell Road, Sterkspruit	470	Contract awarding in process	R 124 999 718
		Aliwal North	Maletswai Local Joe Gqabi District	Erven 3094, 3095, 3099 and 3100, Aliwal North	470	Contract awarding in process	R 108 128 554
	Esayidi	Umzimkhulu	uMzimkhulu Local Sisonke District	ERF 152 being ERF 1918, 1952 – 1960, 1920 – 1949 and 1951, Umzimkhulu	470	Contract awarding in process	R 94 554 838
	Umfolozi	Nkandla B	Nkandla Local uThungulu District	Portion of the Farm Reserve No.19, No.15839, Nkungumathe	470	Pending	R 116 564 134
	Umgungundlovu	Greytown	uMvoti Local uMzinyathi District	Erf 1455, situated in Greytown	470	Contract awarding in process	R 124 999 718
	Umgungudlovu	Msinga	Msinga Local uMzinyathi District	Portion 24 of the Farm Klip River Location No.4665 – GT, situated in Msinga	470	Contract awarding in process	R 127 157 312
	Letaba	Giyani	Greater Giyani Local Mopani District	Erf 1502, Giyani	532	Contract awarding in process	R 92 573 494
	Gert Sibande	Balfour	Dipaleseng Local Gert Sibande District	Portion 0 of the farm Balfour 557 IR, Balfour	470	Contract awarding in process	R 106 722 624

2. Construction of the 10 new Technical and Vocational Education and Training (TVET) college campuses has an estimated completion period of 15 months per site from the date of site handover (barring unforeseen delays in construction relating to extension of time requests). At this stage, the Department cannot give an anticipated date for enrolments as 9 of the 10 new sites are currently engaged in the contract award phase and physical construction is yet to commence.

3. (a) Parallel to the construction of the sites is the process of securing operational budgets and start-up capital for the new campuses. At present, there is no funding in the base-line budget of the Department over the Medium Term Expenditure Framework. In addition to requesting funding from National Treasury, the Department will be conducting a funding campaign by inviting the relevant end-users such as Sector Education and Training Authorities (SETAs) and industry to play a role in the development and utilisation of the new TVET college campuses. It is critical that role-players buy-in for the resourcing and utilisation of the new sites as part of their mainstream skills delivery planning.

(b) The indicative operational and start-up capital amounts for all 10 campuses are set out in Table 2 below.

Table 2: MTEF Indicative Operational and Start-up Capital for 10 new TVET Campuses:

	Year 1 R ‘000	Year 2 R ‘000	Year 3 R ‘000	Total R ‘000
Operations	R 151 712	R 320 111	R 675 435	R 1 147 258
Capital	R 915 789	R 144 000	R 12 000	R 1 180 789
Student Support	R 34 688	R 73 192	R 133 128	R 241 008
Total	R 1 102 189	R 537 303	R 929 563	R 2 569 055

Reply:

Honourable Member, I wish to strike an understanding with you that the concept of negligence by medical staff is not something that is just recorded at each hospital. It is rather a verdict that can only be arrived at by a Judicial or quasi judicial process.

As such, I will need to contact judicial and the quasi judicial structures in health, in this case the Health Professions Council of South Africa (HPCSA), to get the correct information and will revert back to you as soon as I have it.

END.

Reply:

I am sorry Honourable Member I find this question too wide and ambiguous. May the Honourable Member be a bit specific on actually what Honourable Member wants to know.

END.

Reply:

Honourable Member, none of our clinics and hospitals keep any information about public transport facilities - even those that may be transporting people to their facilities. Such information is kept by the Department of Transport and/or the Department of Public Works and/or different municipalities. May the Honourable Member please direct the questions to those Departments.

END.

Reply:

Our policy is that all clinics offer immunisation and they have been given resources to do so. However, we are aware that some may offer that only on specific days.

END.

Reply:

Honourable Member, before even checking issues of compliance with qualifications of the Buthelezi Ambulance Services in the Free State, I want to know how this service was procured in the first place.

It looks like there has been a breach of several Treasury regulations and the PFMA itself.

Because this is a procurement matter at a Provincial level, the relevant authority to investigate this is the Treasury.

On the 8th March 2018 I wrote to the Minister of Finance and requested that the Chief Procurement Officer (CPO) in the National Treasury investigate this matter. As soon as I get the outcome of the investigation I will revert back to you. I regard this matter as a scene of a crime and will wait for National Treasury to show direction and take it up from there.

END.

Reply:

(a) Based on information provided by the Province the site to be developed was already occupied by households residing in informal dwellings. The households were approached to completed subsidy application forms. The completed subsidy applications were captured on the Housing Subsidy System (HSS) against the project. The captured subsidy applications were validated against the various datasets as prescribed in the National Housing Code. The households that passed the validation process were approved to benefit from a housing opportunity. The households that were approved on the HSS were allocated house by the municipality after the completion of the family units and houses.

(b) The Province approved 250 beneficiaries to benefit from housing opportunities in the area. Of the 250 beneficiaries who were earmarked for the housing project , an Additional 77 hostel dwellers were also assisted in the building family units for their families in the area. On completion of the construction of the houses and family units, the Municipality allocated the houses and family units. Post the allocation process it was discovered that the list used to allocate families into the project contained the details of the approved households from the Province, that were not allocated into the project.

The Province as well as the Municipality then embarked on a formalization programme in 2014 to correct the houses and family units, which were not correctly allocated. The formalization programme is currently being undertaken on a phased approach and has not been concluded to date. A current status report on the formalisation process is attached marked as Annexure A, and includes the names and house numbers of the allocated beneficiaries.

Reply:

a) Of the 175 disciplinary proceedings regarding financial misconduct reported by the Public Service Commission, the total number of completed to date from (01 April 2017 to 28 February 2018) is twenty one (21).

b) The total number of disciplinary proceedings regarding financial misconduct that have been initiated since 01 April 2017 is ten (10).

c) The disciplinary processes that were initiated since 01 April 2017 were not completed due to the complexity of preparing the criminal cases and lengthy processes involved in prosecuting financial misconduct cases that consist mainly of the theft of state funds and fraud and corruption.

Reply:

No. The Minister for Social Development was not informed that her department’s Central Authority for Intercountry Adoptions lodged an appeal against a children’s court order.

The mandate of the South African Central Authority (SACA) is to regulate inter-country adoptions. In this regard the SACA strictly applies the principle of Subsidiarity. This means that the SACA is satisfied that all in country care options are explored before consideration of intercountry adoption.

The Department of Social Development took the stance to continue with the appeal so lodged on the following ground: That there was a breach of mandate by the accredited child protection organisation (CPO) facilitating this matter.

a) The issues surrounding the breach of mandate, procedural and administrative misconduct could lead to the deprivation of the child’s constitutional right to be cared for by his own biological family in his own country of origin.

b) The Department lodged its appeal in March 2017. However, the court has not provided a date for the matter to be heard. The applicant has filed a notice to oppose the leave to appeal, however, she has not filed opposing affidavit indicating the basis of her opposition. The delay is therefore not on the side of the Department.

c) The cost to taxpayers of the appeal is justified because the Department is of the view that all parties involved in this matter should act in an objective manner which favours the best interest of the child rather than the interest of any party concerned.

________________________

Approved by the Minister on

Date……………………….

Reply:

1. The Department of Social Development has an approved policy on the Management of Sexual Harassment as well as the guidelines on the management of sexual harassment.

(b) The sexual harassment policy was approved in 2009 and implemented according to DPSA policy guidelines on the management of sexual harassment in the Public Service.

(i) The Disciplinary Code and Procedure (Resolution 1 of 2003 and Chapter 7 of SMS handbook) are used to investigate cases.

(ii) Perpetrators receive sanctions ranging from warnings, final written warnings, demotions, suspension without salary and dismissal.

2.

a) There was one case of alleged sexual harassment reported in 2016/2017 financial year. An investigation was conducted by an internal and external investigators who both gave reports to the effect that the allegations were unsubstantiated.

b) No other matter except the above-mentioned case was reported and dealt with in the previous three financial years.

________________________

Approved by the Minister on

Date……………………….

Reply:

1. (a, b, c and d)

The complaint in relation to this matter was not received by the Department of Environmental Affairs, and we have recently become aware of it through media articles. Although one article indicates that the matter was reported to “the Blue Scorpions of the Department of Environmental Affairs”, it is likely that the matter was rather reported to the Department of Water and Sanitation (DWS) as the Blue Scorpions reside under that Department.

2. Environmental Management Inspectors (EMIs) of the Department of Environmental Affairs have now commenced with a preliminary investigation. Following the site investigation which will be undertaken soon, as well as further discussions with the DWS, a decision will be made on further action required.

---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). 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:

In the process of the construction of the N2 Wild Coast Toll Road, the Departmental Environmental Management Inspectors conducted periodic site visits on the N2 Wild Coast Highway where it was found that the South African National Roads Agency (SANRAL) has omitted to fulfil some of the conditions of the Environmental Authorisation. These non-compliances were further highlighted in the reports presented by the Environmental Control Officer (ECO) at the Environmental Management Committee’s quarterly (EMC) meeting. . The following are some of the conditions of the Environmental Authorisation that were not complied with by SANRAL:

a) Condition 6.2.11.1 which provides as follows:

The applicant must ensure that no construction camps, dumping or stockpile of construction material is allowed in or close to the wetlands and other watercourses.

SANRAL has contravened this condition in that construction material was found stockpiled near the wetland. The contravention was observed during the site visit by officials mentioned above and was also reported by the Environmental Control Officer (ECO) during the meeting of the Environmental Management Committee (EMC) held on the 14 February 2018.

b) Condition 6.2.12.3 which stipulates as follows:

All rare, endangered and endemic species and species of conservation value in the road reserve must be translocated, in close cooperation with South African National Biodiversity Institute (formerly National Botanical Gardens), to a suitable nursery with the aim to be re-establish them in a national botanical garden that was is to be created in Pondoland Centre of Endemism or a suitable existing conservation area.

SANRAL has removed the species en route to the Botanical garden. All the endemic species that have been removed alongside the hauling roads are currently kept in temporary holding areas.

c) Condition 6.2.7.1. SANRAL commenced with the construction without finalising the Biodiversity Offset Agreement resulting in the Biodiversity Offset Agreement being implemented after it was signed by all relevant parties.

We will continue to monitor all these conditions stated above including those of other departments in order to ensure continuous full compliance at every stage.

---ooOoo---

Reply:

Not applicable.

________________________

Approved by the Minister on

Date……………………….

Reply:

Disclaimer: According to the information received from Eskom

For small power users, which include urban households, rural households and farms, meters are read by meter reading contractors and rates are largely determined by accessibility, density and terrain.

Eskom’s total costs for meter reading for the financial year 2016/17 is R70.4 million. Costs for the current year as at January 2018 is R60.7 million.

(a)(i)

As at August 2017 the average cost to Eskom for meter reading per urban installation is R28.57.

(a)(ii)

As at August 2017 the average cost to Eskom for meter reading per rural installation is R50.00.

(b)(i)

As at August 2017 the average cost to Eskom for meter reading per farm installation is R61.73.

(b)(ii)

Eskom uses own internal resources for meter reading at industrial customers. Where internal resources are not available the cost for meter reading is R89.23 as at August 2017.

The majority of industrial customers are read electronically, and half-hourly meter readings are obtained to ensure effective and accurate billing.

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.

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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:

(a) 1188 individuals were listed in Part B of the Child Protection Register (CPR) in 2018, (b) the names of the offenders were received from the courts for inclusion in Part B of the Child Protection Register following findings of unsuitability on the persons as stipulated in terms of Sections 120 and 122 of the Children’s Act (No. 38 of 2005), (c) 30 staff members (7 permanent and 23 contract) are allocated for the maintenance of the CPR and (d) no provincial education department have requested access to the CPR in the past two years for the purpose of vetting educators before employment.

________________________

Approved by the Minister on

Date……………………….

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:

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:

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:

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

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:

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:

(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:

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:

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:

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:

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

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 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:

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:

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:

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:

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:

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.