Questions and Replies
09 April 2018 - NW111
Gqada, Ms T to ask the Minister of Energy
With regard to the presentation by the Inter-Ministerial Task Team to the Portfolio Committees of Cooperative Governance and Traditional Affairs and Energy on 28 November 2017, (a) who will appoint the advisory panel to consider the provisions of the pieces of legislation governing the distribution of electricity in municipalities, (b) who will the panel consist of, (c) what are the terms of reference for the panel and (d) by what date is the first report of the panel expected?
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.
09 April 2018 - NW950
De Freitas, Mr MS to ask the Minister of Transport
With reference to his reply to question 302 on 8 March 2018 regarding investigations into his department and entities reporting to him and the naming of officials who have since resigned, (a) why have these officials not been charged to date and (b) on what date will they be charged in each case?
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
09 April 2018 - NW573
Mashabela, Ms N to ask the Minister of Energy
(a) Why is Mqanduli village in Lower Thyolo, Ward 21 Phase 6, in the Eastern Cape still without electricity 24 years into our democracy and (b) by what date will all households in the village have access to electricity, beyond the few solar panels that are being installed?
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.
09 April 2018 - NW219
Khawula, Ms MS to ask the Minister of Water and Sanitation
What were the (a) maximum and (b) minimum water levels at each dam in the country in each year since 1994?
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.
09 April 2018 - NW85
Davids, Ms S to ask the Minister of Energy
What are the details of the (a) binding commercial and financial information secured to assist Cabinet to evaluate fully the arrangement that is best when implementing Government’s new nuclear build programme and (b) (i) price, (ii) affordability, (iii) pace and (iv) scale that was clearly indicated by the request for proposal phase in this regard, as indicated on page 14 of the 2016-17 annual report of his department?
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.
09 April 2018 - NW807
Ollis, Mr IM to ask the Minister of Basic Education
With reference to the 2018-19 national budget cuts to basic education, (a) which provinces will see a decrease in their provincial education budget and (b) by what amount in rand will the specified provinces’ budgets be cut in the (i) 2018-19 financial year and (ii) 2018-19 to 2020-21 medium term expenditure framework; 2) Whether the affected provinces will be able to meet its operational costs? 3) Which programmes are affected by the budget cut in each case (details furnished)?
Reply:
- (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.
- (b) (i)
The Eastern Cape = R325.2 million; Free State = R34.8 million and North West = R81.8 million
- (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:
- Administration: R353 million (2018/19), R337.5 million (2019/20) and R139 million (2020/21);
- Public Ordinary Schools: R67.5 million (2018/19), R366.7 million (2019/20) and R220.5 million (2020/21);
- Infrastructure Development: R15.1 million (2018/19), R184.4 million (2019/20) and R118.4 million (2020/21); and
- 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:
- Administration: R768 thousands (2018/19) and R18.7 million (2019/20);
- Public Ordinary Schools: R108.5 million (2018/19) and R61.4 million (2019/20);
- Early Childhood Development: R12.4 million (2018/19), R41.3 million (2019/20) and R40.5 million (2020/21);
- Infrastructure Development: R88.7 million (2019/20) and R55.6 million (2020/21); and
- 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:
- Public Ordinary Schools: R272 million (2018/19) and R299.2 million (2019/20); and
- 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:
- Public Ordinary Schools: R60.3 million (2018/19) and R86.3 million (2019/20);
- Infrastructure Development: R550. 5 million (2019/20) and R472. 5 million (2020/21); and
- 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:
- Administration: R18.7 million (2018/19), R23 million (2019/20) and R 36.8 million (2020/21);
- Public Ordinary Schools: R94.8 million (2018/19) and R82.6 million (2019/20);
- Early Childhood Development: R9.5 million (2019/20);
- Infrastructure Development: R119.1 million (2019/20) and R76.5 million (2020/21); and
- Examination and Education Related Services: R32.8 million (2018/19), R39.3 million (2019/20) and R41.6 million (2020/21).
09 April 2018 - NW949
De Freitas, Mr MS to ask the Minister of Transport
With reference to the Pretoria High Court order regarding the inaction of the Airports Company of South Africa Board on the Chief Executive Officer and requests of reports on the specified matter by the Ministers of Transport and Finance, (a) when was the report submitted, (b) was it submitted on time, (c) what were the contents of the report and (d) what action does he intend taking in this regard going forward?
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.
09 April 2018 - NW906
Nolutshungu, Ms N to ask the Minister of Transport
With reference to the N2 Wild Coast Toll Road, how is the South African National Roads Agency Limited currently funding its work given that the first allocation of R1 billion according to the budget review will only be available after 1 April 2019?
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.
09 April 2018 - NW518
Gqada, Ms T to ask the Minister of Energy
1. (a) By what date will his department finalize the process of reprioritization of critical posts (b) what are the details of the critical posts: 2. Whether he has found the process will compromise service delivery; if not, what is the position in this regard, if so, what are the relevant details?
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.
09 April 2018 - NW434
Ollis, Mr IM to ask the Minister of Basic Education
(1)From which schools were additional (a) Grade 8 and (b) Grade 9 learners sourced to add additional learner numbers to the Isivivani Senior Secondary School in the Chris Hani District in the Eastern Cape (i) in each of the past three academic years and (ii) since 1 January 2018; (2) why has the scholar transport promised for the Grade 8 and Grade 9 learners at the Isivivani Senior Secondary School never materialised; (3) whether she is aware that many Grade 8 and Grade 9 learners at the Isivivani Senior Secondary School are staying at home since the promised scholar transport never materialised; (4) what are the details of all steps that will be taken by (a) her, (b) her department and (c) the Eastern Cape Department of Education to address the problem of Grade 8 and Grade 9 learners who do not have access to scholar transport?
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.
06 April 2018 - NW449
Mbabama, Ms TM to ask the Minister of Rural Development and Land Reform
What are the details of the (a) number of livestock that the Mazakhele Community Property Association (CPA) (CPA/05/0814/A) had on hand at the end of every six-month period since its establishment, (b) carrying capacity of the land transferred to the CPA, (c) description of all livestock purchases and (d) current number of livestock on hand; (2) (a) what are the full details of all (i) improvements made and/or (ii) farming equipment and other movable assets purchased by the CPA since its establishment and (b) how much did each improvement and/or purchase cost; (3) Whether the CPA disposed of any assets since its establishment; if so, (a) what are the details of the assets in each case, (b) who authorised each transaction and (c) what amount was received by the CPA in each case?
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.
06 April 2018 - NW451
Walters, Mr TC to ask the Minister of Rural Development and Land Reform
What are the details of the (a) number of livestock that the Khanyisani Community Property Association (CPA) (CPA/05/0846/A) had on hand at the end of every six-month period since its establishment, (b) carrying capacity of the land transferred to the CPA, (c) description of all livestock purchases and (d) current number of livestock on hand; (2) (a) what are the full details of all (i) improvements made and/or (ii) farming equipment and other movable assets purchased by the CPA since its establishment and (b) how much did each improvement and/or purchase cost; (3) whether the CPA disposed of any assets since its establishment; if so, (a) what are the details of the assets in each case, (b) who authorised each transaction and (c) what amount was received by the CPA in each case
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.
06 April 2018 - NW1001
Vos, Mr J to ask the Minister of Trade and Industry
How much land does (a) his department and (b) the entities reporting to him (i) own, (ii) have exclusive rights to and/or (iii) lease from the State to (aa) use and/or (bb) occupy?
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.
06 April 2018 - NW447
Mbabama, Ms TM to ask the Minister of Rural Development and Land Reform
(1)What are the details of the (a) number of livestock that the Sibonelo-Khwezi Community Property Association (CPA) (CPA/05/0813/A) had on hand at the end of every six-month period since its establishment, (b) carrying capacity of the land transferred to the CPA, (c) description of all livestock purchases and (d) current number of livestock on hand; (2) (a) what are the full details of all (i) improvements made and/or (ii) farming equipment and other movable assets purchased by the CPA since its establishment and (b) what amount in rand did each improvement and/or purchase cost; (3) Whether the CPA disposed of any assets since its establishment; if so, (a) what are the details in each case, (b) who authorised each transaction and (c) what amount was received by the CPA in each case
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.
06 April 2018 - NW420
Dlamini, Mr MM to ask the Minister of Higher Education and Training
Whether she has been informed of three cases of alleged sexual harassment laid against certain senior academic staff at the University of Zululand (details furnished); if not, what are the relevant details of the steps that she intends to take in this regard; if so, what are the relevant details of the steps that she has taken in this regard?
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.
06 April 2018 - NW520
Van Dyk, Ms V to ask the Minister of Rural Development and Land Reform
Whether the Komaggas community lodged a land claim in Namaqualand in the Northern Cape; if so, (a) on what date was the claim submitted, (b) what are the details of the extent of land claimed and (c) what is the current status of the specified land claim; (2) (a) what is the total number of hectares in Namaqualand that is designated as communal property and (b) what are the details of the communal properties in the (i) Kamiesberg, (ii) Khai-Ma, (iii) NamaKhoi and (iv) Richtersveld Local Municipalities; (3) whether any plans have been put in place to issue title deeds to communal farmers; if not, what is the position in this regard; if so, what are the relevant details?
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. |
06 April 2018 - NW384
Groenewald, Dr PJ to ask the Minister of Rural Development and Land Reform
(1) By what date will the new land audit be made known and released; (2) what is the reason for the delay in the release of the specified land audit; (3) whether he will make a statement on the matter?
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.
06 April 2018 - NW737
Matsepe, Mr CD to ask the Minister of Women in the Presidency
(1)Whether her Office has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will her Office have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in her Office (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?
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.
06 April 2018 - NW448
Mbabama, Ms TM to ask the Minister of Rural Development and Land Reform
What are the details of all occupiers of the land transferred to the Mazakhele Community Property Association (CPA) (CPA/05/0814/A) since its establishment, including (a) the names of persons and/or entities, (b) whether they are members of the CPA, (c) their relationship to members of the CPA where they are not members, (d) the legal grounds for their occupation if they are not members, (e) the period of use of the land, (f) benefits distributed to the CPA and (g) the extent of the land, in each case; (2) what are the details of all (a) financial and (b) material assistance provided by his department and any other state departments to the specified CPA since its establishment?
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.
05 April 2018 - NW873
Matsepe, Mr CD to ask the Minister of Finance
What (a) progress has the National Treasury made with reviewing the Southern African Customs Union revenue sharing model and (b) are the details of the design for a reviewed revenue model?
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.
05 April 2018 - NW386
Madisha, Mr WM to ask the Minister of Energy
(1)(a) What is the current status of NTP Radioisotopes SOC Ltd following the recent shutdown of its operation, (b) when is it envisaged that the plant will be in operation and (c)(i) why were senior staff members suspended and (ii) what is the current status of their suspension; (2) whether there are any attempts to transfer any funds, assets and/or intellectual property from the specified company to the SA Nuclear Energy Corporation; if not, what is the position in this regard; if so, why?
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.
05 April 2018 - NW710
Tarabella - Marchesi, Ms NI to ask the Minister of Energy
Whether his department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will his department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?
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.
05 April 2018 - NW686
Waters, Mr M to ask the Minister of Cooperative Governance and Traditional Affairs
Whether the three substations situated in (a) Jet Park Ward 17, (b) corner of Elberfield and Van Riebeeck Roads, Gerdview Ward 92 and (c) Meppen Road, Gerdview Ward 92 in the Ekurhuleni Metropolitan Municipality that were recently hit by lightning were earthed; if not, why not, in each case; (2) what are the relevant details of the maintenance plan of all substations in the specified municipality; (3) whether he will provide Mr M Waters with a copy of the maintenance plan; (4) whether the municipality has the instruments to measure the gas levels at each substation; if not, (a) by what date will the municipality receive such instruments, (b) what number of instruments will be received and (c) how does the municipality measure gas levels at present; if so, what number of (i) substations use gas and (ii) instruments do the municipality currently have?
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
05 April 2018 - NW843
De Freitas, Mr MS to ask the Minister of Transport
With reference to the reply to question 3558 on 10 November 2017 regarding incomplete train stations, (a) what number of contracting companies have gone into liquidation (i) in the (aa) 2015-16 and (bb) 2016-17 financial years and (ii) since 1 April 2017 to date, (b) what are the implications and cost implications of each project for (i) Prasa and (ii) his department and (c) what mechanisms, processes and procedures are in place to measure the sustainability of contracting companies when appointed and (d)(i) when were the mechanisms, processes and procedures introduced and (ii) what outcomes have been experienced as at the latest specified date for which information is available?
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.
04 April 2018 - NW715
Motau, Mr SC to ask the Minister of Home Affairs
Whether his department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will his department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2)(a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?(2)(a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?
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
04 April 2018 - NW803
Van der Westhuizen, Mr AP to ask the Minister of Public Works
(1) What has been the cost (a) to dismantle and re-erect the scaffolding in front of the Marks Building in the parliamentary precinct before and after the State of the Nation Address of 2018 and (b) related to the suspension of maintenance work; (2) from what date to what date has normal maintenance work been suspended due to the specified dismantling and re-erection of the scaffolding; (3) were the costs associated with the removal and re-erection of the scaffolding for the account of the contractor or for the State’s account; (4) (a) who took the decision that the scaffolding needed to be removed for the duration of the State of the Nation address and (b) how can this be justified in light of the need to show South Africans that government departments are committed to budgetary savings?
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.
____________________________________________________________________
04 April 2018 - NW837
Waters, Mr M to ask the Minister of Public Works
What measures have been put in place to reduce water consumption at the three Parliamentary villages?
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:
- all ponds and water features have been switched off;
- 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;
- washing and hosing down of hard-surfaces and paved areas with potable water has been stopped;
- for pressure cleaning of blocked sewer systems, only non-potable water from the Parliament Precinct is being used;
- filling of swimming pools with potable water has been stopped;
- cleaning of wheelie bins are done with non-potable water only;
- all gutter cleaning, roof cleaning is done by means of non-potable water only;
- where any maintenance work requires water, only non-potable water is used;
- taps have been removed in common areas as far as possible, to prevent misuse;
- 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
- there is an immediate response to any reported leaks (e.g. geysers, pipe bursts).
____________________________________________________________________
04 April 2018 - NW814
Maimane, Mr MA to ask the Minister of Home Affairs
Whether (a) he and/or (b) his department ever received any requests from any person at The Presidency to assist with and/or expedite the identity change of any person (i) in each of the past five financial years and (ii) since 1 April 2017; if so, (aa) on what dates, (bb) from whom, (cc) what are the details of the requests and (dd) what are the details of all outcomes?
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.
04 April 2018 - NW635
Mashabela, Ms N to ask the Minister of Home Affairs
What steps is his department taking to address the long queues that people have to stand in at the Pietermaritzburg office of Home Affairs?
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.
04 April 2018 - NW725
Purdon, Mr RK to ask the Minister of Public Works
Whether his department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will his department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?
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.
04 April 2018 - NW874
Matsepe, Mr CD to ask the Minister of Trade and Industry
Whether his department was or is involved in the National Treasury’s review of the Southern African Customs Union (SACU) revenue sharing model; if so, what are the relevant details of the (a) progress made to date and (b) design for a reviewed revenue model?
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.
04 April 2018 - NW746
Mkhaliphi, Ms HO to ask the Minister of Home Affairs
Whether his department issued Mr Ajay Kumar Gupta (details furnished) with a South African passport; if so, (a)(i) on what date did the specified person apply, (ii) where did the specified person apply and (iii) on what date was the passport issued and (b) what is the total number of passports that were issued to the specified person?
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.
03 April 2018 - NW728
Ollis, Mr IM to ask the Minister of Small Business Development
(1)Whether her department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will her department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in her department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?”
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.
29 March 2018 - NW479
Carter, Ms D to ask the President of the Republic
Would he consider making a policy directive that all deliberative meetings of all organs of government commence with the collective reading of the Preamble of the Constitution, 1996?
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.
29 March 2018 - NW478
Lekota, Mr M to ask the President of the Republic
Whether he will consider a review of the provisions of Clauses 8.1 and 8.2 of the Regulations governing the Judicial Commission of Enquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of the State that offer all those who confess before the commission freedom from criminal prosecution resulting in those implicated in wrongdoing falling over themselves and one another to give evidence to the Commission so that the criminal justice administration is blocked from using the evidence against them in any such prosecutions?
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.
29 March 2018 - NW813
Maimane, Mr MA to ask the President of the Republic
Whether he (a) instructed anyone and/or (b) has been informed of any instructions given to anyone in The Presidency to assist with the identity change of a certain person (name and details furnished) at the Department of Home Affairs in 2016; if so, in each case, (i) what are the relevant details, (ii) what are the names of the employees in The Presidency who assisted the specified person and (iii) on what statutory grounds did The Presidency rely to assist the specified person?
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.
29 March 2018 - NW841
De Freitas, Mr MS to ask the Minister of Transport
With regard to the Electronic National Traffic Information System (e-Natis), (a)(i) what percentage of the data is (aa) usable and (bb) not usable and (ii) what are the reasons for this situation, (b)(i) what is being done to rectify the current situation and (ii) by what date will the rectification be done and (c)(i) what monitoring and evaluation mechanisms are in place and (ii) what are the costs involved in this regard?
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.
- (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.
29 March 2018 - NW798
Matsepe, Mr CD to ask the Minister of Transport
(a) What were the reasons that the Passenger Rail Agency of South Africa suspended its Legal Panel, (b) how long has the specified panel been suspended and (c) what (i) legal provisions were used to justify the suspension, (ii) are the current interim arrangements in light of the legal panel’s suspension and (iii) are the costs associated with the interim arrangements?
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.
29 March 2018 - NW480
Lekota, Mr M to ask the President of the Republic
What action does he intend to take against Minister, Mr Malusi Gigaba, following the finding in the Pretoria High Court judgement in the Fireblade matter that the Minister had committed a breach of the Constitution so serious that it can be characterised as a violation?
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.
29 March 2018 - NW431
Bucwa, Ms H to ask the Minister of Higher Education and Training
(1)Whether returning students have to (a) apply and (b) submit proof of household income annually for renewed support from the National Student Financial Aid Scheme (NSFAS); if not, what is the position in this regard; if so, why; (2) By what percentage has the limit in household income to qualify for full support from the NSFAS been adjusted annually since its inception?
Reply:
- 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.
- 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.
29 March 2018 - NW722
Rabotapi, Mr MW to ask the Minister of Police
(1) Whether his department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will his department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in his department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty? •
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)
29 March 2018 - NW693
Van Dalen, Mr P to ask the Minister of Police
Whether he has put any plans and/or strategies in place to control the (a) abalone and (b) rock lobster poaching problem; if not, why not; if so, what are the relevant details of each programme?
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
29 March 2018 - NW477
Carter, Ms D to ask the President of the Republic
Whether, given that executive political office bearers of the State change from time to time, he would make a policy directive to end the practice of adorning government buildings with portraits of the President, Deputy President, Ministers and Deputy Ministers of the respective departments and that the Coat of Arms of the Republic is utilised instead?
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.
29 March 2018 - NW358
King, Ms C to ask the Minister of International Relations and Cooperation
(a) What is the total amount that was (i) budgeted for and (ii) spent on her private office (aa) in each of the past three financial years and (bb) since 1 April 2017 and (b) what was the (i) remuneration, (ii) salary level, (iii) job title, (iv) qualification and (v) job description of each employee appointed in her private office in each of the specified periods?
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.
29 March 2018 - NW427
Van der Westhuizen, Mr AP to ask the Minister of Higher Education and Training
(1)(a) What is the total number of students who obtained a subsidy to bridge the increase in tuition fees between 2016 and 2017 at each university and (b) what is the breakdown of each subsidy paid by Government to each university; (2) Will the families still be supported to deal with any fee increases for the 2018 academic year; if so, what are the relevant details?
Reply:
- 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) |
|
|
11 071 |
24 754 904.00 |
|
13 283 |
35 313 197.47 |
|
13 477 |
30 366 966.29 |
|
11 442 |
21 594 922.00 |
|
42 498 |
101 196 673.00 |
|
15 523 |
30 973 295.56 |
|
52 182 |
86 051 876.90 |
|
22 371 |
67 325 054.30 |
|
2 420 |
5 797 308.16 |
|
13 211 |
25 609 139.36 |
|
13 779 |
40 177 958.00 |
|
3 168 |
27 105 036.00 |
|
800 |
1 950 200.80 |
|
15 865 |
29 381 480.12 |
|
14 046 |
42 537 301.00 |
|
12 384 |
53 824 419.78 |
|
10 422 |
22 015 815.11 |
|
16 204 |
25 176 524.47 |
|
2 219 |
12 126 093.00 |
|
14 599 |
34 641 856.00 |
|
25 111 |
42 067 584.85 |
|
5 319 |
31 073 977.00 |
|
8 556 |
18 721 535.32 |
|
42 297 |
26 028 574.00 |
|
439 |
757 502.00 |
|
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.
29 March 2018 - NW799
Matsepe, Mr CD to ask the Minister of Transport
(a) What payments has the Passenger Rail Agency of South Africa made to Siyaya DB Engineering, Siyaya Energy (Pty) Ltd and Siyaya Rail Solution (Pty) Ltd in the past three financial years and (b)(i) what was the (i) total amount (ii) purpose of each payment and (ii) who authorised each payment?
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:
- Total amount – R630,023,218-14.
- Please refer to attached spreadsheet. The purposes of these payments are documented for each business unit on separate tab of the attached spreadsheet.
- Please refer to attached spreadsheet. Names of responsible persons are documented for each business unit on separate tab.
29 March 2018 - NW717
Motau, Mr SC to ask the Minister of International Relations and Cooperation
(1)Whether her department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will her department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in her department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?
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.
29 March 2018 - NW430
Bucwa, Ms H to ask the Minister of Higher Education and Training
(1)What were the total (a) allocated and (b) reconciled amounts paid by the National Student Financial Aid Scheme to each (i) public technical and vocational education and training (TVET) college and/or (ii) student at the relevant public TVET college for the 2017 academic year; (2) Were any amounts over and above these allocated or reconciled amounts paid to public TVET colleges; if so, by what amount did the total payments for the 2017 academic year exceed the reconciled and allocated amounts for each college; (3) What amounts were paid to each public TVET college to assist with their cash flow since 1 January 2018?
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 |
28 March 2018 - NW714
Stubbe, Mr DJ to ask the Minister of Higher Education and Training
(1)Whether her department has a sexual harassment and assault policy in place; if not, (a) why not and (b) by what date will her department have such a policy in place; if so, (i) how are reports investigated and (ii) what are the details of the consequence management and sanctions stipulated by the policy; (2) (a) what is the total number of incidents of sexual harassment and assault that have been reported in her department (i) in each of the past three financial years and (ii) since 1 April 2017, (b) what number of cases were (i) opened and concluded, (ii) withdrawn and (iii) remain open based on the incidents and (c) what sanctions were issued for each person who was found to have been guilty?
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:
- In the 2014/15 financial year, there were no cases reported.
- In the 2015/16 financial year, there were seven reported cases.
- In the 2016/17 financial year, there were three reported cases.
- 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.
28 March 2018 - NW854
Alberts, Mr ADW to ask the Minister of Trade and Industry
Whether, with regard to businesses providing financial and social contributions to safe houses, children's homes and institutions that (a) also help white children and white disabled persons, (b) only help white children and white disabled persons at a given time, as, for example, only white indigent persons live in the area, (c) help white, black, brown and Indian children and the disabled and (d) help all children except white children and white disabled persons, are eligible for broad-based black economic empowerment points (BBBEE) in accordance with certain generic codes; if not, (i) why not and (ii) how is it justified in each case in terms of the Constitution of the Republic of South Africa, 1996; if so, what are the relevant details in each case; (2) what are the full relevant details regarding the circumstances under which businesses which provide financial and social contributions to safe houses, children's homes and institutions (a) are eligible for maximum BBBEE points and (b) are not eligible for BBBEE points; (3) on what date did the generic codes for BBBEE points come into effect; (4) whether this regulation on the basis of restrictions on white children and white disabled persons has in any way contributed to the upliftment of previously disadvantaged persons; if so, what are the relevant details of valid scientific data in this regard; (5) whether the generic codes for BBBEE points create an environment where (a) the employment of and financial and social contributions to any white person disadvantages a business that wants to obtain BBBEE points and (b) businesses that are 100% black is earning the most BBBEE points without regard to demographic representation, in other words, can a business be 100% black but never 100% white; if so, what are the full relevant details in each case? [NW933E]
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.