Questions and Replies

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:

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:

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:

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:

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) 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. 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) 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. (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:

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. 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:

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:

(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:

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:

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:

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:

(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:

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:

(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:

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:

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:

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:

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:

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:

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:

I have not fully acquainted myself with the Annual Reports of the past three financial years. We are receiving briefings intermittently as we continue with our international programme.

Reply:

a) Payments made to Siyaya in the past three years:

2014/15 FY – R169,970,227-77

2015/16 FY – R167,269,444-68

2016/17 FY – R292,783,545-69

b) What was the:

1. Total amount – R630,023,218-14.
2. Please refer to attached spreadsheet. The purposes of these payments are documented for each business unit on separate tab of the attached spreadsheet.
3. Please refer to attached spreadsheet. Names of responsible persons are documented for each business unit on separate tab.

 

Reply:

(1)(a)(b) Yes, the South African Police Service (SAPS) does have a Sexual Harassment Policy ln place. However, the SAPS does not have an assault policy. In terms of the SAPS Discipline Regulations, 2016, Regulation 5(3)(x), an employee will be guilty of a misconduct if he or she assaults, or threatens to assault any other employee. In terms of the SAPS Discipline Regulations, 2016, an employee will be guilty of misconduct if he or she commits an act of sexual harassment. In the SAPS Discipline Regulations, 2016, sexual harassment falls under serious misconduct, which must be dealt with, in terms of the "expeditious process", which allows for the immediate dismissal of a member.

(1)(b)(i) In terms of the current SAPS Discipline Regulations, 2016, reports of sexual harassment and assault are investigated by invoking the provisions of Regulation 8(1), which stipulates that a supervisor must complete an investigation into the allegations of misconduct, within 30 calendar days, or as soon as practically possible, thereafter. If the supervisor is satisfied that the alleged misconduct is of a serious nature and justifies the holding of a disciplinary hearing, he or she will refer the outcome of the investigation to the employer representative, within seven working days, to initiate a disciplinary enquiry. The employee must be informed of the alleged misconduct and pending investigation.

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

Reply:

No, I did not instruct anyone, nor was I informed of instructions given to anyone in The Presidency to assist with the identity change of the individual referred to by the Honourable Member.

I am, however, aware of a media enquiry to the Office of the Deputy President in August 2017 regarding an exchange of emails on this matter in which a staff member in the Office of the Deputy President had been involved. I was briefed on the circumstances of her involvement and have ascertained that at no point did she act improperly.

Should you require more detail on the matter, I will arrange for this information to be provided to your office.

Reply:

a) (i) The data on the National Traffic Information Systems (NaTIS) is captured at over 1 300 sites in the county with over 2 600 concurrent users at any time.

(aa) The data in the system is usable and is used by all municipalities, provinces, law enforcement agencies, national agencies such as Road Traffic Infringement Agency, South African Revenue Service, National Intelligence Agency, National Regulator for Compulsory Standards and South African Bureau of Standards.

(bb) It is not possible to determine the percentage of data not useable but what I can report is that e-Natis is being used as a key resource to provide effective road traffic management sites throughout the country to register, deregister and check the ownership of vehicles.

(b) (i) Whenever it is determined that the data is inaccurate (either by notification of the information subject or by way of various processing functions) users with specific authorisation are able to update the various information assets. The entity is currently in the process of cleaning up the data in various fields.

(ii) The process of cleaning the address data has commenced when Regulation 32A of the National Road Traffic Regulations, 2000 was introduced at the end of 2015. The effect of the regulation is such that any person who is going to transact on the Electronic National Traffic Information System has to produce proof of residence or address so that that can be captured to refresh the data. For the FY 2016/7 905014 addresses have been updated. The Corporation will further be extending self-service platforms on various technological platforms allowing information subjects to maintain their information based in terms regulation 32A (4). It is envisaged that this service will be available in quarter 2 of the 2018/9 financial year.

1. (i) The Corporation has included a KPI in the 2018/9 financial year to monito the accuracy of data and will also use this baseline to evaluate the system.

(ii)The cost of improving the accuracy is included in the operational expenditure of the NaTIS as support and maintenance is fully insourced. It is catered for in the annual operating budget of IT branch.

Reply:

The suggestion will certainly be given consideration. The views of various stakeholders will be sought.

Among others, this will include the Government Communications and Information System and State Protocol, who produces guidelines for the display of portraits of members of the executive in government buildings.

Reply:

Government welcomes all suggestions on ways to popularise the Constitution and to advance public awareness about its values and intent.

The suggestion to read the Preamble of the Constitution at the beginning of all deliberative meetings of government will be considered alongside various other proposals, taking into account issues of practicability and impact.

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.

Reply:

a) The reason for the suspension of the Legal Panel is based on the following Auditor General’s 2016/2017 FY Finding No 6 of the draft Management Letter, which reads:

• Auditor’s conclusion
  • Management comment is noted. This panel was compiled by SARCC and no SCM process was followed by PRASA in the set-up of the panel. Further, there is no SCM policy followed when selecting suppliers from this panel, it is done based on the preference of the user and not on a rotational basis to ensure, fair, equitable distribution of work and there are no technical proposals submitted every time services are required. Therefore, the method used to select the service providers is not fair, equitable, transparent, competitive and cost effective and does not comply with the requirements of S.51(1)(a)(iii) of the PFMA.

(b) This panel had been in existence since 2005 and should have been re-advertised.

(c) PRASA Board of Control took a resolution on the 1st of December 2017 to suspend the use of this panel which had been cited on numerous audit reports over the years for its illegality and irregularity. This decision was also informed by the 2016/17 Annual Audit cited the audit finding number 6 on the legal panel matter. The decision to suspend the legal panel was effective only on the new matters and has no bearing on matters already in brief through the different lawyers.

(d) As an interim measure, SCM obtained permission for the use of the South African Civil Aviation Authority, (SACAA) Legal Panel whilst PRASA embarks on the process to procure its own legal panel.

(e) There are no costs associated with the interim arrangement.

Reply:

Clause 8(2) of the regulations governing the Commission of Inquiry into State Capture has been amended and published in the Government Gazette on 23 March 2018.

Clause 8(2) has been amended to read:

“A self-incriminating answer or a statement given by a witness before the Commission shall not be admissible as evidence against that person in any criminal proceedings brought against that person instituted in any court, except in criminal proceedings where the person concerned is charged with an offence in terms of section 6 of the Commissions Act, 1947 (Act No. 8 of 1947).”

Clause 8(1) has not been amended.

Reply:

1. Returning students who applied for, and qualified for, funding through the National Student Financial Aid Scheme (NSFAS) in the 2017 academic year do not need to reapply for NSFAS funding in 2018. Students are not required to provide proof of family income annually. Once they have been selected for funding they will be supported to complete their qualification provided they continue to meet the academic requirements, i.e. have passed 50% of their courses and are on track to complete in n+2 years.
2. The increase in percentage of combined household income to qualify for full support from NSFAS has been adjusted by 186.8% from R122 000 per annum in 2017 to R350 000 in 2018. This is the first time that the threshold in household income has been adjusted since the inception of NSFAS.

Reply:

The judgment handed down in the Pretoria High Court in the matter of Fireblade Aviation (Pty) Ltd v Minister of Home Affairs contains statements about the Minister of Home Affairs that are of great concern and need to be given serious attention.

I am therefore giving the matter due and proper consideration.

Reply:

(1) The Department of International Relations and Cooperation (DIRCO) has advised that it has a Sexual Harassment Policy in line with our obligation to provide a safe, healthy and amiable working environment. The said policy was approved in November 2017.

(i) The Labour Relations Unit of the Department deals with Sexual Harassment cases in terms of the provisions of the Labour Relations Act (No 66 of 1995).

(ii) The unit referred to above has been delegated the power to impose disciplinary sanctions should an employee be found guilty of an offence of sexual harassment, which may include any of the following or a combination of them:

• Counselling
• Verbal warning
• Written warning
• Final written warning
• Suspension or a fine
• Demotion as an alternative
• Dismissal

2. (a) (i) None.

(ii) None.

(b) Not applicable.

Reply:

The National Student Financial Aid Scheme (NSFAS) has provided the following responses to the questions posed.

1. The table below outlines the details of the total allocated and reconciled amounts paid by the National Student Financial Aid Scheme (NSFAS) to each public Technical and Vocational Education and Training (TVET) college for the 2017 academic year.

Students are required to sign or accept a Schedule of Particulars (SOP) before NSFAS can disburse funds to the colleges. The value of Loan Agreement Form or Schedule of Particulars (LAFSOPs) accepted is the equivalent to the reconciled amounts.

(i) Institution	(a) 2017 Allocation	2017 LAFSOP Accepted	2017 Total Paid	(b) Payments up to LAFSOP accepted (reconciled)	Payments in excess of LAFSOP accepted (unreconciled)	Paid as % of LAFSOP accepted
Boland	37 886 000	24 505 366	25 504 862	24 505 366	999 496	100%
Buffalo city	35 041 000	35 152 731	29 687 556	29 687 556	-	84%
Cape college	50 324 000	29 408 665	29 113 745	29 113 745	-	99%
Capricorn	79 211 000	63 280 063	64 324 663	63 280 063	1 044 600	100%
Central Johannesburg	56 809 000	34 877 464	26 121 474	26 121 474	-	75%
Coastal KwaZulu-Natal	85 901 000	63 609 230	62 899 084	62 899 084	-	99%
Eastcape Midlands	39 303 000	29 809 117	30 919 598	29 809 117	1 110 481	100%
Ehlazeni	41 150 000	45 628 914	37 090 403	37 090 403	-	81%
Ekurhuleni East	57 383 000	38 407 318	39 002 747	38 407 318	595 429	100%
Ekurhuleni West	80 076 000	74 182 430	72 556 753	72 556 753	-	98%
Elangeni	62 893 000	40 679 109	40 526 758	40 526 758	-	100%
Esayidi	59 735 000	35 816 530	33 266 409	33 266 409	-	93%
False Bay	34 619 000	23 202 809	23 253 491	23 202 809	50 682	100%
Flavius Mareka	22 341 000	12 679 224	13 151 959	12 679 224	472 735	100%
Gert Sibande	55 566 000	42 055 167	41 792 744	41 792 744	-	99%
Goldfields	26 821 000	9 906 412	11 173 202	9 906 412	1 266 790	100%
Ikhala	24 597 000	16 468 862	17 191 618	16 468 862	722 756	100%
Ingwe	38 844 000	48 327 102	38 844 000	38 844 000	-	80%
King Hintsa	22 870 000	19 762 338	20 242 175	19 762 338	479 837	100%
King Sabata Dalindyebo	40 238 000	33 455 403	31 997 168	31 997 168	-	96%
Lephalale	16 016 000	8 139 531	9 242 323	8 139 531	1 102 792	100%
Letaba	32 395 000	29 569 386	28 320 908	28 320 908	-	96%
Lovedale	21 511 000	18 813 345	18 410 447	18 410 447	-	98%
Majuba	96 293 000	65 553 331	64 869 320	64 869 320	-	99%
Maluti	43 511 000	38 973 401	37 635 573	37 635 573	-	97%
Mnambithi	39 398 000	19 806 463	19 877 833	19 806 463	71 370	100%
Mopani	40 305 000	30 143 739	29 715 280	29 715 280	-	99%
Motheo	78 388 000	49 646 424	48 513 257	48 513 257	-	98%
Mthashana	31 778 000	13 354 834	14 843 875	13 354 834	1 489 041	100%
Northern Cape Rural	24 120 000	21 400 205	21 729 621	21 400 205	329 416	100%
Northern Cape Urban	25 851 000	8 520 573	22 603 504	8 520 573	14 082 931	100%
Nkangala	52 712 000	40 872 484	38 490 665	38 490 665	-	94%
Northlink	68 888 000	78 495 315	68 510 883	68 510 883	-	87%
Orbit	78 177 000	36 906 870	45 814 010	36 906 870	8 907 140	100%
Port Elizabeth	40 803 000	31 626 735	31 222 923	31 222 923	-	99%
Sedibeng	56 611 000	44 717 100	49 653 785	44 717 100	4 936 685	100%
Sekhukhune	31 457 000	21 243 796	21 670 221	21 243 796	426 425	100%
South Cape	29 935 000	20 877 608	20 841 615	20 841 615	-	100%
South West	89 312 000	53 947 501	55 957 273	53 947 501	2 009 772	100%
Taletso	37 722 000	12 905 462	21 344 171	12 905 462	8 438 709	100%
Thekwini	40 039 000	35 997 761	35 701 378	35 701 378	-	99%
Tshwane North	80 718 000	44 044 319	47 464 382	44 044 319	3 420 063	100%
Tshwane South	66 739 000	23 448 706	21 512 091	21 512 091	-	92%
Umfolozi	67 621 000	57 404 620	56 946 826	56 946 826	-	99%
Umgungundlovu	33 827 000	9 008 563	13 426 552	9 008 563	4 417 989	100%
Vhembe	95 343 000	84 153 842	83 218 683	83 218 683	-	99%
Vuselela	40 785 000	20 702 391	29 545 788	20 702 391	8 843 397	100%
Waterberg	31 122 000	30 214 761	29 037 035	29 037 035	-	96%
West Coast	41 777 000	27 741 853	27 924 535	27 741 853	182 682	100%
Western College	52 858 000	24 694 132	29 005 699	24 694 132	4 311 567	100%
Total	2 437 620 000	1 724 139 305	1 731 710 864	1 661 998 079	69 712 785	100%

2. During the 2017 academic year, NSFAS continued making upfront payments to colleges to alleviate cash flow that arose as a result of delays in receipt of registration data from the colleges. As of 28 February 2018, the total value of payments in excess of LAFSOPs accepted was R69.713 million as indicated in the table above.

3. The table below provides the details of the amounts paid to each public TVET college to assist with their cash flow since 1 January 2018.

Institution	2018 Provisional Allocation (Rands)	2018 Upfront Payment (Rands)
Boland	40 083 388.62	5 682 900.00
Buffalo City	37 073 378.58	5 256 150.00
Cape College	53 242 792.83	7 548 600.00
Capricorn	83 805 239.30	11 881 650.00
Central Johannesburg	60 103 922.93	8 521 350.00
Coastal KwaZulu-Natal	90 883 259.41	12 885 150.00
Eastcape Midlands	41 582 574.64	5 895 450.00
Ehlazeni	43 536 700.68	6 172 500.00
Ekurhuleni East	60 711 214.94	8 607 450.00
Ekurhuleni West	84 720 409.31	12 011 400.00
Elangeni	66 540 795.03	9 433 950.00
Esayidi	63 199 630.98	8 960 250.00
False Bay	36 626 902.57	5 192 850.00
Flavius Mareka	23 636 778.37	3 351 150.00
Gert Sibande	58 788 828.91	8 334 900.00
Goldfields	28 376 618.44	4 023 150.00
Ikhala	26 023 626.40	3 689 550.00
Ingwe	41 096 952.64	5 826 600.00
King Hintsa	24 196 460.38	3 430 500.00
King Sabata Dalindyebo	42 571 804.66	6 035 700.00
Lephalale	16 944 928.26	2 402 400.00
Letaba	34 273 910.53	4 859 250.00
Lovedale	22 758 638.35	3 226 650.00
Majuba	101 877 995.58	14 443 950.00
Maluti	46 034 638.71	6 526 650.00
Mnambithi	41 683 084.65	5 909 700.00
Mopani	42 642 690.66	6 045 750.00
Motheo	82 934 505.29	11 758 200.00
Mthashana	33 621 124.52	4 766 700.00
Northern Cape Rural	25 518 960.40	3 618 000.00
Northern Cape Urban	27 350 358.42	3 877 650.00
Nkangala	55 769 296.86	7 906 800.00
Northlink	72 883 505.13	10 333 200.00
Orbit	82 711 267.28	11 726 550.00
Port Elizabeth	43 169 574.67	6 120 450.00
Sedibeng	59 894 438.93	8 491 650.00
Sekhukhune	33 281 506.52	4 718 550.00
South Cape	31 671 230.49	4 490 250.00
South-West	94 492 097.47	13 396 800.00
Taletso	39 909 876.62	5 658 300.00
Thekwini	42 361 262.66	6 005 850.00
Tshwane North	85 399 645.32	12 107 700.00
Tshwane South	70 609 863.10	10 010 850.00
Umfolozi	71 543 019.11	10 143 150.00
Umgungundlovu	35 788 966.56	5 074 050.00
Vhembe	100 872 895.56	14 301 450.00
Vuselela	43 150 530.67	6 117 750.00
Waterberg	32 927 076.51	4 668 300.00
West Coast	44 200 066.69	6 266 550.00
Western College	55 923 764.87	7 928 700.00
Total	2 579 002 000.00	365 643 000.00

Reply:

(a) and (b)
The management and protection of all marine resources, which includes abalone and rock lobsters, falls within the ambit of the Department of Agriculture, Forestry and Fisheries (OAFF), as stipulated in the Marine Living Resources Act, 1998 (Act No 18 of 1998). The South African Police Service (SAPS), in close cooperation with DAFF, combats poaching by investigating individual poaching cases, as well as identified syndicates.

The National Integrated Strategy to Combat Wildlife Trafficking, is a draft strategy document, in which all wildlife trafficking, which includes abalone, is addressed. Rock lobster is not addressed by this strategy, as it does not feature on the "Threatened or Protected Species" list.

Reply to question 693 recommended/not recommended
 

GENERAL NATINOAL COMMISIONER: SOUTH AFRICAN POLICE SERVICES
K SITOLE
Date: 2018/03/23

Reply to question 693 approved/not approved

MINISTER OF POLICE
BH CELE, MP
Date: 2018/03/28

Reply:

a) In terms of the new Infrastructure and Efficiency Grant, the Department is currently engaging National Treasury for a possible budget adjustment during the 2018/19 Adjusted Estimates of National Expenditure dedicated for infrastructure monitoring and expenditure evaluation purposes. The Department is also exploring the possibility of creating additional capacity at TVET college level utilising dedicated Clerks to report on the utilisation of the Infrastructure and Efficiency Grant to the Department.

b) The Department is currently collecting data from TVET colleges with regards to essential and bulk services to inform the allocation of the Infrastructure and Efficiency Grant to colleges based on the need identified for critical repairs and maintenance. This process is expected to be completed in June 2018. Taking into account that TVET colleges will be required to follow their supply chain management processes, there is the possibility that the full R1.3 billion will not be fully utilised by 31 March 2019. These funds will however be ring-fenced at TVET colleges and regulated by the Department through specific terms and conditions issued. Thus, any unspent allocations from the 2018/19 financial year will be rolled over to 2019/20, as it is critical that value for money is obtained and to prevent fruitless or unnecessary expenditure.

Reply:

1. Technical and Vocational Education and Training (TVET) colleges will continue to offer programmes as long as they are responsive to labour market demands. For articulation purposes, colleges will offer programmes at level 5 and 6 in the main occupational and vocational programmes, and some mid-level occupational programmes. Currently some colleges are offering Higher Certificates at level 5 in partnership with Universities and Universities of Technology, which allows students to articulate from level 4 to level 5 programmes.
2. Government expects that TVET colleges will become the cornerstone of the country’s skills development system as captured in the White Paper for Post-School Education and Training. TVET colleges are central to the provision of skills within the post-school education and training system. The main purpose of TVET colleges is to train young school leavers, with the required skills, knowledge and attitudes for employment or self-employment within the labour market, or to access higher learning.
3. Fundamentally, the role of TVET colleges will not change. Its purpose has been, and will continue to be the supplier of mid-level skilled workers to the labour market. What needs to change is the responsiveness of colleges to such demands. In this regard, the Department is working towards transforming programme offerings in colleges, so that they become more responsive to the labour market. In some instances, the current curricula will have to be updated to make them more relevant. The latter process is ongoing in priority programme areas. Several occupational qualifications have also been developed which allows colleges to offer them on demand. The complete revision of college programmes and curricula is a medium to long-term process.

Reply:

1. (a) The Department has a sexual harassment policy.

(i) Cases are managed through a multi-disciplinary team that consists of an official from the Employee Health and Wellness Unit for counselling purposes and an appointed official from the Labour Relations Unit to conduct an investigation and to initiate a disciplinary enquiry.

(ii) The Presiding Officer uses his or her discretion based on the facts and evidence presented by both the complainant and alleged perpetrator before determining a sanction.

2. (a) The total number of sexual harassment and assault cases reported in the Department are as follows:

1. In the 2014/15 financial year, there were no cases reported.
2. In the 2015/16 financial year, there were seven reported cases.
3. In the 2016/17 financial year, there were three reported cases.
4. Since April 2017 to date, two cases have been reported.

(b) (i) Two cases are open and ten cases were concluded.

(ii) Out of the ten cases that were concluded, one case was withdrawn.

(iii) Two cases remain open and the enquiries are still in progress.

(c) The sanctions issued to individuals found guilty were four dismissals, four written warnings and one employee resigned before the sanction was issued.

Reply:

(a) The number os BITs in force is 13.

The response to (i)(aa), (bb), (cc), (dd) is provided in Annexure 1.

(ii) The Government does not intend to renew the BITs still in place. Discussions have commenced with the affected countries. The protection of investment will going forward be in accordance with the Protection of Investment Act.

2. The BITs do provide for expropriation with compensation. The reference to the relevant clauses are attached hereto as Annexure 2.

Reply:

(a) The number of BITs that have already expired is 9.

The response to (i)(aa), (bb), (cc), (dd) is attached hereto as Annexure 3.

(ii) There is no intention to renew the agreements. In accordance with the decision by Cabinet, South Africa will only enter into bilateral investment treaties in future on the basis of a compelling economic or political reasons. In addition, the Protection of Investment Act provides adequate protection to all investments in South Africa in accordance with the Constitution.

2. Yes the BITs do, the relevant clauses are attached hereto as Annexure 4.

Reply:

1. B-BBEE promotes the achievement of the constitutional right to equality, within the historical context of race being used to control access to South Africa’s productive resources during apartheid. The increase of effective participation in the South African economy by the majority of South Africans previously denied such is envisioned, so as to promote the stability and prosperity of the economy in the future to the benefit of all South Africans, irrespective of race.

The examples higlighted of safe houses and children homes for B-BBEE purposes finds insight in the Socio Economic Development element which has a 75% black beneficiary base target. Qualifying Socio Economic Development Initiatives which has a maximum of 25% white beneficaries will enjoy 100% recognition under the Socio Economic Development Element. Black South African citizens as well as White people are thus recognised for the promotion of Socio Economic Development on the B-BBEE Codes of Good Practice. The intent of such donations are crucial as B-BBEE can not be a tick-box exercise.

2. Code Series 500 of the Amended B-BBEE Codes of Good Practice which is the Socio Economic Development pillar extensively documents the requirements for B-BBEE recognition. Eligibility is determined through measurement of:

(i) the specific objective with which the contribution was made; and

(ii) the black beneficiary percentage benefiting from the contribution.

3. . The B-BBEE Codes of Good Practice were gazetted, and thus became effective on 09 February 2007. The Codes were subsequently amended. The Amended B-BEE Codes of Good Practice came into effect on date of gazette thereof, being 11 October 2013. An 18-month transition period was however granted for entities whom wished to be rated in terms of the 2007 Codes of Good Practice to allow them to adopt B-BBEE strategies which speak to the Amended Codes, should it wish to. The election option expired on 01 May 2015.

4. As per Question (1), white children and white disabled persons are not excluded from Socio Economic Development recognition for B-BBEE purposes.

5. -BBEE Measurement is informed by a balanced scorecard, of which the measurement of Ownership makes up only 21.19%. Furthermore, the targets contained within all of the elements are not absolute, i.e none of the elements have a 100% target for black participation. The employment of and financial and social contributions to a white person therefore does not disadvantage a business looking to obtain B-BBEE points.

 

Reply:

a) The targets do address areas that are critical to the Department’s mandate. The Department’s targets and that of its entities, were set taking into account the National Development Plan (NDP), White Paper for Post-School Education and Training and the 2014 - 2019 Medium-Term Strategic Framework (MTSF).

The targets in the Department’s Strategic and Annual Performance Plans aim to create an enabling environment for the realisation of a “skilled and capable workforce to support an inclusive growth path”. Critical to this are targeted interventions to steer the Post-School Education and Training (PSET) system, e.g. the development of steering mechanisms to ensure that the system operates based on sound legislative frameworks, improved capacity through infrastructural development, provision of teaching and learning support services, as well as the facilitation of a strong stakeholder network. The Department has been phasing in these interventions since the adoption of the 2014 MTSF.

The Annual Performance Plan reflects these as the direct outputs of the Department over and above the planned performance targets of educational institutions, i.e. universities, Technical and Vocational Education and Training colleges, Community Education and Training colleges and its entities.

b) Due consideration of international contexts were made during the development of the NDP and MTSF targets. The Department is confident that the higher education and training sector will over time perform in line with other countries facing similar opportunities and challenges to South Africa. The implementation of the MTSF and NDP targets within this sector is progressive in many fronts, e.g. with regard to the national aim of increasing enrolments in higher education, as envisaged by the NDP and the White Paper, the university system is already achieving 61% of the 2030 target of 1.6 million student headcount enrolment at public higher education institutions. The system is also responding positively to Government’s research development priorities set out in the NDP and MTSF targets. Artisan development is at 71% of the NDP target of 30 000 artisans per annum by 2030, to mention but a few.

Notwithstanding this, the Department is aware that more still needs to be done and not all the challenges of the PSET system can be resolved in the short-term. Government’s next MTSF will continue to inform the plans and the targets of the Department going forward.

Reply:

According to the information received from Companies and Intellectual Property Commission (CIPC):

 

Western Cape	103447
Eastern Cape	31621
Northern Cape	6754
Free State	23750
Kwa-Zulu Natal	96453
North West	19974
Gauteng	296272
Mpumalanga	32292
Limpopo	30448
Grand Total	641068

The above information reflects close corporations that have both an active status (03) or a deregistration status (38 or 08). The legal personality of companies and close corporations are only withdrawn upon final deregistration and therefore those in a deregistration status may still be active and may at any time revert to an active status (cancelling the deregistration status).

Reply:

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

Financial years	(i) Name of each recipient	(ii) Amount awarded	(iii) Still to be awarded	(iv) Reasons for awarding grant
a) 2014/15	Prof Pamela Maseko (Co-project leader)	R850 000	N/A as Prof Maseko no longer serves on the Board	Catalytic project funding - Set up the National Institute for Humanities and Social Sciences
b) 2015/16	Prof Pamela Maseko	R1 547 000	N/A as Prof Maseko no longer serves on the Board	Catalytic project funding
c) 2016/17	None	None	None	None

v) (aa) The expenditure complied with the NIHSS’s policies. The NIHSS is neither a Department, nor a constitutional institution, nor a public entity listed in Schedule 2 or 3, and therefore the Public Finance Management Act is not applicable to the NIHSS.

(bb) Spending is managed by the NIHSS in terms of its policies.

(cc) The Auditor-General of South Africa audits the NIHSS in terms of Section 38 of the Higher Education Act and since its inception has received unqualified audit opinions.

Reply:

(1) (a) The maximum amount that may be awarded for accommodation to a full-time student for the 2018 academic year is R22 019 per annum.

(b) The National Student Financial Aid Scheme (NSFAS) is responsible for making a determination on whether student applications are successful or unsuccessful in so far as their tuition fees are concerned. Technical and Vocational Education and Training (TVET) colleges are responsible for making a determination on the applications for travel and accommodation allowances, subject to the availability of funds, after NSFAS has determined whether or not a student qualifies for financial aid.

In making a final determination on the award for the accommodation allowance, the College Financial Aid Committee is required to consider, inter alia, the actual accommodation costs and rental agreement in the case of private accommodation. In the light of this, the amount awarded for accommodation may vary from one student to another.

(c) The award for accommodation is inclusive of meals. In making a determination on the award for accommodation, the College Financial Aid Committee must consider including meals in instances where students do not receive meals from the landlord. Furthermore, colleges and landlords in the case of private accommodation must provide at least three meals a day.

(d) Taking into account the TVET college calendar for 2018, a student will require 279 days of accommodation whilst undertaking full-time studies at a TVET college. The 279 days takes into account, amongst others, the dates on which classes commence, lecturing days, examination days and the dates on which colleges close.

(e) There is a significant difference between the amounts of financial support given to a student studying at a TVET college to that of a student studying at a university. Firstly, each TVET college student enrolled in a Ministerially-funded programme is subsidised by the State at 80% of the total programme cost. Secondly, the difference of 20% of the total programme costs, which constitutes tuition fees, must be recovered from the student. However, in respect of qualifying students, NSFAS covers the 20% component of the total programme costs.

In addition to tuition fees, NSFAS covers transport or accommodation allowance (inclusive of meals) for qualifying students, subject to the availability of funds as per each individual institution's allocation. Finally, each TVET college student, regardless of being funded by NSFAS or not, receives textbooks and other essentials, such as protective gear for practical work.

(2) (a) There are instances where TVET colleges do not have student residential facilities or the college has limited capacity to accommodate all qualifying students in its residences.

(b) Colleges are required to support all students who qualify for accommodation. In this regard, colleges must consider conducive private accommodation in instances where there are limited spaces in college residences, or there are no college residences. Colleges have a responsibility to ensure that students are accommodated in facilities that do not provide a substandard service.

However, it must be noted that priority is given to college residences and as such, private accommodation may only be considered if college residences are already filled to capacity or in instances where the TVET college does not have student residential facilities.