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11 March 2016 - NW480

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Figg, Mr MJ to ask the Minister of Public Enterprises

Whether, with regard to Eskom’s strained financial position, any plans are in place to allow independent power producers to supply coal-fired electricity on behalf of Eskom to the national grid in order to reduce the need for Eskom to raise the cash needed to fulfil its commitments of supplying electricity to the country; if not, why not; if so, what are the relevant details?

Reply:

The Department of Energy (DOE) IPP office takes the lead in the domestic IPP strategy, including the sourcing and contracting component of these arrangements. This strategy is driven by the Integrated Resource Plan (IRP). The DOE bidding process for the coal base load IPPs is still in progress.

Once the participants are selected by DOE, the time lines are such that this programme will not affect Eskom’s financial position in the next 5 years. When the decisions have been made, there will be clarity on energy prices from these IPPs as well as the cost of connecting them which will be budgeted for accordingly.

11 March 2016 - NW390

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Grootboom, Mr GA to ask the Minister of Water and Sanitation

With reference to President Jacob G Zuma’s undertaking in his State of the Nation Address delivered on 12 February 2015, that the Government will set aside 30% of appropriate categories of state procurement for purchasing from Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises, what percentage of the total procurement of (a) her department and (b) every entity reporting to her went to (i) SMMEs and (ii) co-operatives from 1 April 2015 up to the latest specified date for which information is available?

Reply:

My department and its entities are performing well above the target of 30% in terms of procuring goods and services from Small, Medium and Micro-sized Enterprises (SMMEs).

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11 March 2016 - NW504

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Esau, Mr S to ask the Minister of Agriculture, Forestry and Fisheries

(1) (a) Who is the agency responsible for the implementation of the Elands Bay Infrastructure Improvement and Project Operational Phase of the Cederberg Fishing Infrastructure Development and Management Project on the West Coast, Western Cape and (b) what are the relevant details of the progress reports received to date; (2) whether the appointment of the implementing agency complies with all conditions and criteria stipulated by (a) supply chain management and (b) the Public Finance Management Act, Act 1 of 1999; if not, why not; if so, what are the details of the tender process followed to appoint the implementing agency; (3) (a) how did his department compensate for the extension of employment of the military veterans in the budget for the specified project, (b) what additional deliverables were added to the said project and (c) what were the (i) employment and (ii) financial implications?

Reply:

(1)(a) The Cederberg Municipality has been appointed as the implementing agency for the Elands Bay Infrastructure Improvement Project.

(1)(b) The Cederberg Municipality submits monthly progress on project deliverables; Expenditure per budget item and EPWP employment details

(2)(a) Yes.

(2)(b) Yes.

The Cederberg Municipality is a public entity and the EPWP makes provision for the appointment of public entities and municipalities and other organs of government as implementing agencies.

(3)(a) Monies for the employment of the military veterans were allocated from Expanded Public Works Programme/Working for Fisheries Programme.

(3)(b)(i) The management of the Marine Anti-poaching Project (MAPP) Marine Anti-poaching projects was included as an additional deliverable.

(ii) Twelve Million and Five Hundred Thousand Rand (R12 500 000) was allocated to the Marine Anti-poaching project.

11 March 2016 - NW561

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Stander, Ms T to ask the Minister of Public Enterprises

(1) How many hectares of land does the SA Forestry Companies Ltd (SAFCOL)- (a) currently own; and (b) how many hectares of the specified land are under claim in terms of the Restitution of Land Rights Act, Act 22 of 1994, as amended; (2) Of the hectares of SAFCOL land under claim- (a) how many claims have been lodged since 1994?; (b) who is/are the claimants? (c) how many hectares of the specified land are under claim by each claimant?; and (d) Under which- (i) Town?; and (ii) Province does each claim fall? (3) (a) How many of the specified land claims have been successfully transferred to each claimant? and (b) What are the reasons for each claim that has been successful but not yet transferred to the claimants?; (4) Whether any other - (a) schemes and/or (b) agreements have been put in place with each successful claimant whose land has not yet been transferred; if not, why not; if so, what are the relevant details? NW667E

Reply:

   

(1)

(a)

The land on which SAFCOL operates is owned by the state, through the Department of Agriculture, Forestry and Fisheries (DAFF). SAFCOL, through its subsidiary, Komatiland Forests operates on a land area covering 187 320 ha of which 121 000 ha is planted.

 

(b)

61% of 187 320 ha is under claim. This works out to roughly 114 265 ha.

(2)

(a)

   
 

Limpopo

Mpumalanga

KwaZulu Natal

Total

No. of claims

14

17

1

32

Research

1

13

0

14

Gazette/Negotiation

13

4

1

18

Settled

3

0

0

3

Transferred

0

0

0

0

 

(b)

Claimants

Province / Municipality

Affected Plantation/ Hectares

Status of the claim

Ludlambedlwini Community

MP – Gert Sibande (GS)

Jessievale (still to confirm)

Further research, claimant verification.

Enikwakuyengwa Tribal Authority

MP

Redhill (2751 ha)

Currently being researched

Esandleni Community

MP

Redhill (14 472 ha)

Requires further research

Dladla Community

MP

Robernia (900.53)

Further research

Enkhaba Community

MP

Redhill (933.18)

Negotiations stage

Makhubu Family

MP

Blairmore (256.95)

Negotiations

Dladla Community

MP

Robernia (2320)

Research is being conducted.

Dladla & Thanjekwayo Communities (2 KRP)

MP

Robernia (5168)

These are competing claims (Claims are being researched)

Claimants

Province / Municipality

Affected Plantation/ Hectares

Status of the claim

Dladla & Thanjekwayo Community

MP

Robernia (1997.49)

Competing claims, research is being conducted.

Dladla Community

MP

Robernia (1419)

Research being conducted

Dladla Community

MP

Robernia (2482ha)

Research being conducted

Kaapschehoop Community

MP

Berlin (to be confirmed)

Negotiations

Mawulu Community

MP

Berlin (to be confirmed)

Partially settled

PDT & Mapulana Tribe

MP (Ehlanzeni Municipality)

Bergvliet (4621 ha)

Research

Pilgrims Rest Dev Trust & Mapulana Tribe

MP

Blyde (6600 ha)

Research

PDT & Marole Communities

MP

Frankford (4322 ha)

Research

Morgenzon Community

MP

Morgenzon (5356 ha)

Research

Mnisi Clan/Umjindi Community/Hlatshwayo

MP

Nelshoogte (9716)

Research

Witklip Community

MP

Witklip (2311 ha)

Gazetted

Sgudla Family

MP

Zwartfontein (to be confirmed)

Research

Tshakhuma Phase 1

Limpopo

Entabeni (516 34 & 553 56))

Settled

Ravele Phase 1

Limpopo

Entabeni (502 93 & 5553.56)

Settled

Ravele Phase 2

Limpopo

Entabeni (3876.94)

Negotiation

Ratombo Phase 1

Limpopo

Entabeni (271.84)

Settled

Makgoba

Limpopo

Woodbush (to be confirmed)

Research

Tshakhuma Phase 2

Limpopo

Entabeni (3876 ha)

Gazetted

Vuvha

Limpopo

Entabeni (3876)

Gazetted

Maguada

Limpopo

Entabeni (3876)

Gazetted

Lwamondo

Limpopo

Entabeni (3876)

Gazetted

Vhutshavhelo

Limpopo

Entabeni (3876)

Gazetted

Claimants

Province / Municipality

Affected Plantation/ Hectares

Status of the claim

Shanzha

Limpopo

Entabeni (3876)

Gazetted

Songozwi

Limpopo

Hanglip (693.18 & 130.21)

Near approval by RLCC

Matidza

Limpopo

Hangklip (1851)

Valuation stage

Vondo

Limpopo

Entabeni (1326)

Gazetted, referred to Court.

Tshiheni

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

Mukumbani

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

Tshidzhivhe

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

Fondwe

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

Murangoni

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

Khalavha

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

Vondo la Thavha

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

Lutanze

Limpopo

Entabeni (tbc)

Gazetted, referred to Court.

 

(c)

as per the table in 2(b) above.

 

(d)

as per the table in 2(b) above.

   

 

 
   

 

 

(3)

(a)

The Shannon properties, totaling 12 503 9657ha has been transferred to Kalanyandza Trust in Mpumalanga.

 

(b)

The Department of Rural Development and Land Reform (DRDLR) is best positioned to answer this question, as they are managing the process.

(4)

The Department of Rural Development and Land Reform (DRDLR) is best positioned to answer this question, as they are managing the process.

     

11 March 2016 - NW361

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Brauteseth, Mr TJ to ask the Minister of Communications

With reference to President Jacob G Zuma’s undertaking in his State of the Nation Address delivered on 12 February 2015, that the Government will set aside 30% of appropriate categories of state procurement for purchasing from Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises, what percentage of the total procurement of (a) her department and (b) every entity reporting to her went to (i) SMMEs and (ii) co-operatives from 1 April 2015 up to the latest specified date for which information is available?

Reply:

(a) The percentage of the total procurement in the DoC is:

(i) 57.98%

(ii) 0%

(b) GCIS

(i) 64.76

(ii) 0%

SABC

(i) 12%

(ii) 0%

MDDA

(i) 100%

(ii) 0%

Brand SA

(i) 22%

(ii) 0%

ICASA

(i) 40%

(ii) 0%

FPB

(i) 81.4%

(ii) 0%   

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

11 March 2016 - NW507

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Hadebe, Mr TZ to ask the Minister of Environmental Affairs

(1)What steps have been taken to secure the fence of the Kruger National Park; (2) have the park’s rangers been paid their performance bonuses (a) in the (i) 2013-14 and (ii) 2014-15 financial years and (b) for the 2015-16 financial year; if not, why not; if so, what are the relevant details; and (3) to what extent does the local community benefit from the income generated through tourism at the park?

Reply:

(1) Various censors are currently being installed on some parts of the perimeter fence to ensure early warning. The detail of such is classified;

(2) (a) (i) and (ii) and (b) No, the employees in question are part of the Bargaining Unit and therefore do not receive bonuses. However they receive 13th cheques as part of their annual remuneration packages. They received their 13th cheques for 2013-14 and 2014-15 financial years; and

(3) when one talks about “local communities” it is important to remember that the Kruger National Park perimeter is heterogeneous both in terms of land use as well as human densities, socio- economics and context. The Kruger National Park perimeter is over 1000 km long (1017km), approximately half of which is in South Africa. Sixty one percent of the boundary is bordered by conservation related land use (the remaining being agriculture, rural and urban settlements and a small amount of industry). On the South African side the park straddles two provinces (that is, Limpopo and Mpumalanga), three district municipalities and seven local municipalities. There are 37 Traditional Councils representing approximately 240 villages and towns in close proximity to the fence, comprising around 1 million people.

3.1 The 1.5 million tourists that visit the Kruger National Park annually contribute towards approximately 80% of the park’s operating budget, paying for the bulk of salaries of the 2243 staff, 90% of whom come from the villages and towns adjacent to it. Many of the staff is employed within the tourism sector. Although not employed directly by the Kruger National Park, over 12 000 conservation related jobs within the greater Kruger National Park are the direct result of employment through the Expanded Public Works Programme. The concessionaires operate in the park as well as in the adjacent private, communal and provincial reserves most of which focus on the high end tourism market.

3.2 Funding obtained from tourism contributes towards the implementation of various initiatives aimed at local capacity building through education and outreach, reaching on average 80 000 learners annually, most of which are from local schools.

3.3 In addition, tourists contribute directly to community development projects in areas adjacent to the Kruger National Park through a tourism fund of 1% that is ring fenced for community projects. To date this has been used for funding of local school infrastructure development including a state of the art school administration facility, a well-stocked computer centre and early childhood development play equipment.

3.4 Several small scale enterprise development initiatives enable local entrepreneurs to access the tourism market through various channels including five locally owned and run arts and crafts outlets (collectively turning over R3.1 million annually), community owned car wash facilities at major camps, community owned kiosks at day visitors picnic sites and local catering service providers for events (turns R328 289 annually). The community owned Park n Ride game drive business turns over approximately R250 000 annually.

3.5 The Kruger National Park contractor development programme builds capacity of local building contractors through both formal and practical training sessions, using the local contractors for new buildings and the maintenance of the existing tourism and other infrastructure facilities. To date the programme has successfully trained 29 contractors who have in turn employed 360 staff, and have collectively contributed towards an infrastructure spend on Small Micro and Medium Enterprises (SMMEs) of R628 million since 2006.

3.6 Focusing on high end five star tourism, the concessionaires in the Kruger National Park partner with the South African National Parks (SANParks) in community development, through using on average 200 local SMMEs for various service provision through the year, amounting to over R6 million annually in recent years.

3.7 In cases where land restitution has taken place inside the Kruger National Park, relevant communities work with private partners to unlock additional benefits from tourism operations such as Nkambeni in the south of the park as well as Makuleke in the north with community land owners receiving preferential employment and business opportunities, as well as both rent and concessionaire fees based on turn over.

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11 March 2016 - NW119

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Basson, Mr LJ to ask the Minister of Water and Sanitation

(a) How many of the 1 028 wastewater collector systems which were assessed for compliance with effluent discharge standards in the 2014-15 financial year and (i) did not comply, (ii) what is the location of each of these and (b) what action has been taken to remedy the situation in each case?

Reply:

(a) The water supply systems that were assessed in 2014-15 financial year were totaling at 842 waste water collector and treatment systems and the results have been published in the 2014 Green Drop Report. This information is also available on my Departmental website at www.dws.gov.za/Dir_WS/GDS/News/NewsDefault.aspx

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10 March 2016 - NW403

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De Freitas, Mr MS to ask the Minister of Transport

With reference to the high demand for speed bumps in various areas across the country, and the high cost of placing such speed bumps, when will she propose changes to the National Road Safety Act, Act 9 of 1972, to permit the implementation of the cheaper bolt-down-type speed bumps?

Reply:

The legislation quoted speaks to the Road Safety Council and not to traffic calming measures. It must be noted that the latter can even cause more dangerous situations on urban and rural mobility roads as per Road Classification and Access Management Manual (TRH26). With regard to the bolt down type speed-bumps, the department cannot be seen as promoting individual products, but will set norms and specifications as per SABS.

10 March 2016 - NW377

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Hunsinger, Mr CH to ask the Minister of Public Enterprises

With reference to President Jacob G Zuma’s undertaking in his State of the Nation Address delivered on 12 February 2015, that the Government will set aside 30% of appropriate categories of state procurement for purchasing from Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises, what percentage of the total procurement of (a) her department and (b) every entity reporting to her went to (i) SMMEs and (ii) co-operatives from 1 April 2015 up to the latest specified date for which information is available?

Reply:

From 1 April 2015 to date, the Department used the Preferential Procurement Regulations 2011 for procuring goods, which does not make provision for set aside towards the targeted suppliers for procurement of goods, services and works. The Preferential Procurement Regulations 2011 makes provision for the award of the contract after technical evaluation (where required), price and BBBEE status and therefore procurement was not done in terms of the Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises based on set aside provision.

 

10 March 2016 - NW412

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Majola, Mr TR to ask the Minister of Transport

With regard to the Bus Rapid Transit system in the City of Tshwane, (a) what are the detailed reasons for reducing the car lanes into one, (b) which (i) engineer and (ii) report states that this is the best option, (c) what are the reasons for reducing the car lanes in each case, (d) when was this report signed off and (e) by whom?

Reply:

 

a) Reasons for the dedication of existing car traffic lanes for the BRT system are best addressed under the NLTA, no. 9 of 2009 wherein public transport systems are to be promoted over car based transport systems in urban areas. This is also a well recognised approach internationally under the sustainable transport agenda where the most optimum use of road space is gained through the promotion and development of public transport systems.

The City of Tshwane IRPTN (Integrated Rapid Public Transport Network) Strategy also adopts this policy position. The policy is however also reflective of the need to provide sufficient capacity on its road network for all users and in this regard even where a lane of traffic is dedicated to public transport the junction capacities along a particular corridor are protected in so far as is possible.

b) (i) & (ii)

In regard to the specific issues raised in the above question the City appointed a reputable consulting engineering company to undertake a TIA (traffic impact assessment) of the specific BRT project (Lynwood Road / Atterbury Road to Menlyn). The results of which confirm the adequacy of the surrounding road network to cater for the allocation of a general traffic lane to a BRT lane on Atterbury and Lynwood Roads. However, mitigation measures are also proposed to maintain junction capacities on these roads.

c) The allocation of existing car lanes to BRT reduces capital costs of the project, eliminates the need for extensive property expropriation, makes more efficient use of roadspace (as a general traffic lane will only carrying 1000-1500 passengers per hour whereas the BRT lane can carry up to 6000 passengers per hour) and most importantly promotes the use of public transport by existing car users.

d & e)

The report will be finalised by 12th March 2016 and will be processed by the Municipality, after which it will be realised to the public.

NW425E

10 March 2016 - NW481

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Figg, Mr MJ to ask the Minister of Transport

How many persons have died in all forms of minibus taxi accidents (a) in the 2014-15 financial year and (b) since 1 April 2015?

Reply:

The table below provides the number of fatal crashes and fatalities with minibuses, per financial year, as received from the Road Traffic Management Corporation.

Period

Crashes

Fatalities

April 2014 - March 2015

425

590

April 2015 - Jan 2016

740

1024

The information above depicts that there were 425 fatal crashes with 590 fatalities during 2014/15 financial year. For financial year 2015/16 there were 740 fatal crashes involving minibuses with 1 024 fatalities.

10 March 2016 - NW527

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Macpherson, Mr DW to ask the Minister of Trade and Indusrty

(1) (a) Which (i) officials from his department and (ii) Chief Executive Officers, (iii) Chairpersons and (iv) Board members of agencies reporting to him attended the Budget delivered on 24 February 2016, (b) what was the cost for each of the specified individuals to attend the event, (c) what class of travel did each of the specified individuals use to attend the event and (d) (i) what accommodation costs were incurred and (ii) where did the specified individuals stay; (2) what benefit was derived from each of the specified individuals attendance at the budget speech event as opposed to simply watching it on the television? NW633E

Reply:

(1) (a) (i) (b) (c) (d) (i) (ii) and (2)

Only the Director General attended the budget speech on 24 February 2016. He was in Cape Town at the time of the event attending other Parliamentary meetings and therefore the department did not incur any additional cost in this regard.

Entities Response

1. (a) (ii) (iii) (iv) (c) (d) (i) (ii)

The CEO of the NEF attended the budget speech on 24 February 2016 at a total cost of R7419.44 which relates to her travel. No costs were incurred for car rental and accommodation. No other entity attended the budget speech.

2. In her capacity as the CEO, Ms Mthethwa always looks for opportunities where she can efficiently and effectively engage with NEF stakeholders. The stature of the budget speech event is such that it brings various strategic stakeholders together in a central place. She therefore used the opportunity to engage with key stakeholders on the sides of the event, for the benefit of the implementation of the mandate of the NEF.

10 March 2016 - NW486

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Hunsinger, Mr CH to ask the Minister of Transport

When will the National Rail Safety Strategy be (a) finalised and (b) tabled in Parliament?

Reply:

a) The National Rail Safety Strategy will be finalised during the 2016/17 financial year.

b) The Strategy will be tabled in Cabinet by March 2017.

10 March 2016 - NW598

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Mulder, Dr PW to ask the Minister of Trade and Industry

(1)What were the total gold exports in (a) metric tons, (b) rand value and (c) dollar value in (i) 2011, (ii) 2012, (iii) 2013, (iv) 2014 and (v) 2015; (2) what were the causes of the (a) decrease an/or (b) increase in gold exports in each specified year; (3) (a) which five countries were the greatest importers of South African gold in each specified year and (b) what was the value of the gold exports to each of the top five importers of South African gold in (i) (aa) metric tons, (bb) rand value and (cc) dollar value and (ii) in each specified year; (4) (a) whether South Africa has shown a positive or negative nett export of gold in each specified year and (b) what was the major reason for the positive or negative nett export value?NW709E

Reply:

Information on exports of gold is classified and, as such is not reported on in terms of the South African Revenue Services (SARS) values and quantities, consequently it is also not reflected in the dti trade database. The South African Reserve Bank (SARB) though does track information on gold, however it only measures change in ownership and not the physical movement of goods across borders, as general SARS reporting does. We have requested data from these authorities responsible for the management of data on exports of gold, namely, the South African Revenue Services, as well as the South African Reserve Bank in order to compile a response to these questions. We request two weeks extension for submission of response to these questions.

10 March 2016 - NW420

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Mazzone, Ms NW to ask the Minister of Transport

Whether, with regard to the bus rapid transit system in the City of Tshwane, any consultations and/or negotiations have taken place with the various taxi associations operating in the area; if not, why not; if so, (a) in what form did the consultations and/or negotiations take place, (b) on what dates, (c) which taxi routes were covered and (d) what were the outcomes of the specified consultations and/or negotiations in each case?

Reply:

The legal basis, background and motivation for these payments are set out below:

a. Compensation payments to the taxi industry or any other public transport operator affected by the introduction of BRT Services, are based on provisions of Section 41(1)(a) of the National Land Transport Act 5 of 2009 (NLTA). Such compensation is for the loss of business rights when the affected operators’ services are terminated and replaced by the BRT systems. The implication of the current Compensation Agreement is that regardless how long the dispensation will last, it will not increase the eventual total agreed compensation cost. It is therefore merely a re-arrangement of the timing of compensation payments. The target date for the last Permanent Compensation Agreement is no later than the second quarter of 2016.

A Memorandum of Agreement (MoA) was signed with the Taxi Industry during May 2013. The MOA provided for a structured approach with regards to engagements with the affected taxi industry.

The negotiations were undertaken with the affected taxi operators per implementation phase, in conjuction with the broader taxi representative structures to ensure peaceful engagements and to avoid the emergence of splinter groups due to lack of proper information dissemination within a volumenous industry such as the taxi industry. This approach proved to be effective in that even those operators that are not affected became fully conversant with the implementation of the BRT within their area of operation.

b & c

The affected taxi operators were all identified on the proposed BRT line and are being engaged in line with each implementation phase as approved by Council. The City of Tshwane implemented their Phase 1A between the Pretoria CBD and Hatfield during November 2014 and identified 3 taxi associations operating along that route. Compensation negotiations were finalised and agreement was with affected operators from the 3 taxi associations. Negotiations have commenced with an additional 3 taxi associations affected by the planned implementation of Phase 2A. It is envisaged that agreements will be concluded with the affected taxi operators from the 3 associations.

d. An interim compensation package was agreed in November for Phase 1a to Hatfield. The compensation negotiation for Phase 2a to Wonderboom is currently underway and is expected to conclude before the end of March 2016

NW433E

10 March 2016 - NW278

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Lekota, Mr M to ask the Minister of Transport

(1)Whether she has initiated any investigations into individuals and groups in the transport industry who have begun to operate as a mafia by using intimidation and force to obtain control of the industry; if so, what has each investigation revealed; (2) whether she will publicly invite transport operators to provide information on any overt intimidation tactics that are being used against them to surrender their interests in the transport business; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The department is not investigating any individuals or companies that are running public transport operations.

2. The department informs me that they are not aware of any intimidation in the transport sector, and has no details on this matter

10 March 2016 - NW414

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Marais, Mr EJ to ask the Minister of Transport

Whether any research was conducted to reclassify certain traffic offences under Schedule 5 of the Criminal Procedure Act, Act 51 of 1977; if not; why not; if so, (a) according to what (i) local and/or (ii) international research findings were the specified reclassifications made and (b) what future research is planned in this regard?

Reply:

(a) (b)From analysis of road crashes over the years and law enforcement operations it has become clear that certain offences are committed repeatedly and consequences are strong enough in deterring road traffic offenders from engaging in dangerous behaviour.

10 March 2016 - NW485

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De Freitas, Mr MS to ask the Minister of Transport

With reference to the construction and supply of locomotives to the Passenger Rail Agency of SA from overseas, (a)(i) when were the tenders in this regard issued and (ii) to whom, (b) what is the value of each tender, (c) what are the timelines and timeframes from initiation to (i) delivery, (ii) testing and (iii) final use of the locomotives by the public and (d) to which provinces will such locomotives be delivered to?

Reply:

a) (i) On the 26 July 2012

(ii) Mafori Financing t/a Swifambo Rail Leasing

b) R3.5 Billion

c) The time lines were 42 months from the date of initial payment which was 31 March 2013

(i)(ii)(iii) The seller was to complete, adjust and test the locomotives, including all material and components used for the manufacturing of the locomotives, both abroad before shipping and within South Africa in strict adherence to the agreement and to ensure that each of the locomotives supplied shall be fully operational and ready for use by PRASA.

d) The locomotives were going to be used on the mainline long distance services, whereby the main hub is Johannesburg, hence locomotives would be allocated in Gauteng, Durban, East London and Cape Town.

10 March 2016 - NW417

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Masango, Ms B to ask the Minister of Transport

(a) What was the road safety strategy during the 2015/16 festive season, (b) what measurable (i) targets, (ii) processes and (iii) procedures exist to measure the successes of this strategy, and (c) what was the outcome in each case?

Reply:

(a) What was the road safety strategy during the 2015/16 festive season

The objectives of the 2015 National Road Traffic Safety Festive Season Plan was to:

  • Ensure high levels of visible traffic law enforcement on all major routes on a 24 hour 7 days basis;
  • Maximize the impact of education and law enforcement operations by heightening the level of seamless operations;
  • Sensitize road users about their road safety responsibility through communication and shock therapy techniques;
  • Increse the presence of law enforcement officers on our roads through the deployment of high a level support team to the provinces;
  • Provide on time auxiliary services to the deployed forces through the National Road Traffic Joint Operations Centre; and
  • Deploy undercover anti-corruption officers to ensure ethical conduct by officers and road users.

The focus of the strategy was on the following areas -:

  • Impaired Driving – Alcohol, Drug abuse, Fatigue
  • Dangerous Driving - Excessive Speed, Dangerous Overtaking, All moving violations
  • Occupants Safety - Front and Rear seatbelts, Child Restraints
  • Public Transport - Passenger Transport, Freight Transport
  • Vulnerable Road Users - Visibility, Drinking and Walking, Jay walking, Distracted Walking
  • Vehicle Fitness - Road Blocks
  • Road Traffic Information - Verified data

(b) (i) The targets are informed by the goals set out in United Nations Decade of Action for Road Safety which commits the country to reduce road crashes and fatalities by 50% from 2010 to 2020.

(ii) the processes included a comparison undertaken with previous year’s data, in terms of the reduction of road crashes and fatalities. Other traffic information included vehicle population, traffic volumes as well as the human population in the analysis.

(iii) To measure the success of the strategy, data is collated during the festive period. This information is analyzed to identify new trends and causes of crashes. A report is then produced with all the factors that contribute to fatalities over the period

(c) What was the outcome in each case?

A closer look at the road crashes and fatalities over the 2015/16 festive season depicted the following trends.

  • Small motor vehicles accounted for 47.9% of total crashes during this season, followed by light delivery vehicles at 22.7%, minibuses or combis at 10.1% and trucks contributed 4.8%.
  • The majority of people who died were passengers at 38.3%, followed by pedestrians at 34.9%. Drivers contributed 23.9% of the fatalities and cyclists 2.8%.
  • The age group with the highest percentage fatalities in the categories: drivers, passengers and pedestrians is 25 to 39 years, accounting for about 47,9% drivers fatalities, 38.5% passengers fatalities and 34,3% pedestrians fatalities respectively. Children aged from 0 – 4 contributed 10.4% of pedestrian deaths.
  • The gender mostly affected, was males with a contribution of 74.4% to total fatalities. Females represent 25.2% of the fatalities. Very disturbingly, of this number 81.4% is apportioned to Blacks while the rest represents Coloured, Whites, and Asians.
  • The gender of 0.4% of the deceased was undetermined because they were burned beyond recognition.
  • Most crashes occurred on Friday, Saturday and Sunday.
  • The highest number of fatal crashes was recorded on Saturday at 22.2% of the total fatal crashes, followed by Friday and Sunday with 18.8% and 16.9% respectively.
  • A new phenomenon was observed in the 2015/16 festive period where 51.4% crashes occurred between 14H00 and 23H00. This stark contrast to the norm might be attributed to the relentless and resilient implementation of the 24/7 law enforcement.

Key factors that contributed the most to the fatalities were jay-walking, speed that was too high for circumstances, overtaking in the face of oncoming traffic, hit and run accidents, driving under the influence of alcohol, tyre bursts, faulty brakes, and smooth tyres. Sharp bends, wet surfaces and poor visibility also played a significant role in the contributing factors.

10 March 2016 - NW482

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Figg, Mr MJ to ask the Minister of Transport

Whether, with _, the specified R329 will be (a) widened and/or (b) repaired; if not, why not; if so, in each case, (i) what are the relevant details and (ii) when will this commence?

Reply:

a) Geotechnical investigations will be conducted in the 2016/17 financial year due to the budget constraints that limit the widening of the road.

b) (i) (ii) The road is in a fair condition however the routine maintenance contractor will attend to routine road repairs by the second quarter of 2016/17 to ensure the road is trafficable.

04 March 2016 - NW448

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Lekota, Mr M to ask the Minister of Justice and Correctional Services

“Whether, in view of the fact that the fiscus was severely constrained and that every single rand for the public good had to be protected from being corruptly siphoned off as has been happening for a long time, the Government was taking very urgent and decisive steps to enhance protection and encouragement to a considerable level for whistleblowers to lift the lid on corruption and allow no opportunity for corrupt politicians, officials and individuals to escape exposure and rapid prosecution; If not, why not; if so, what are the relevant details?”

Reply:

1.1 The Protected Disclosures Act, 2000 (“the Act”), aims to protect employees from being subjected to occupational detriment on account of having made protected disclosures. The Act also establishes procedures in terms of which employees may disclose information regarding workplace improprieties. The Protected Disclosures Amendment Bill, 2015 (“the Bill”), which was introduced into Parliament on 8 December 2015 aims, among others, to extend the ambit of the Act beyond the traditional employer and employee relationship and to grant an employee who makes a protected disclosure immunity from criminal and civil liability.

1.2 The proposed amendment of section 1 of the Act aims to bring about an extension of the ambit of the Act. The ambit of the Act is determined in terms of the definition of “employee” which essentially restricts the application of the Act to the traditional employer and employee relationship. Independent contractors are expressly excluded from the provisions of the Act. Since there is a notable increase in the use of part-time and temporary workers coupled with the trend of outsourcing, the restricted definition of “employee” excludes a growing number of people from the ambit of the Act. The aforementioned category includes independent contractors, persons employed by temporary employment services and former employees.

1.3 The proposed new sections 3A and 3B aim to introduce joint liability and a duty to inform employees who make disclosures whether such disclosures will be investigated or not. As far as joint liability is concerned the introduction of the definition of “worker” gives rise to the situation that a worker who is rendering services to a client will have two ‘employers’. This will mean that if a protected disclosure is made by a worker who is employed by an agency to either the agency or to the institution where he or she works and the entity to which the disclosure has been made meets the disclosure with an occupational detriment, the worker will be entitled to the remedies provided in terms of the Act.

1.4 A number of employees who make protected disclosures experience difficulties where they, in the absence of an obligation to give feedback or to be notified, are not notified of a decision not to investigate the disclosure or of a decision to refer the matter to another body to investigate, or the outcome of an investigation. The proposed new section 3B aims to give effect to the aforementioned.

1.5.1 The restrictive nature of the remedies currently provided for in terms of section 4 will also, in view of the proposed extension of the ambit of the Act, receive attention. The section 4 remedies, read with the Labour Relations Act, 1995 (Act No. 66 of 1995), are limited to “employees” in the strict sense and do not cater for independent contractors, consultants and agents. The proposed amendment of section 4 therefore aims to ensure that workers (independent contractors, consultants and agents) will also be enabled to exercise certain remedies if they are subjected to occupational detriment as a result of having made protected disclosures.

1.5.2 The proposed new section 4(1B), for example, will make it clear that a court may order an employer to pay compensation or actual damages to an employee or worker and further provides that a court may issue an order directing an employer to take steps to remedy the occupational detriment.

1.6 Clause 10 of the Bill aims to introduce a new section 9A in the Act which deals with the exclusion of civil and criminal liability. Since the Act does not protect persons from criminal or civil liability, it is argued that the introduction of such protection would help achieve one of the aims of the Act, namely, to facilitate and encourage disclosures. It should be noted that the new provision does not introduce blanket immunity. The need to protect certain information either in the national interest of the country or in the interest of the livelihood of an employer militates against granting blanket immunity from liability for disclosures relating to all improprieties provided for in the Act. Exposing an employer to such a risk would only be justified where the content of the disclosure is sufficiently serious, namely, where the disclosure relates to the commission of an offence. Immunity from civil and criminal liability will, in terms of the proposed new section 9A, not be automatic but will be granted subject to the discretion of the court in which an action is brought.

The Department of Correctional Services (DCS) has ensured that officials are informed of the protected ways of reporting corruption and fraud through workshops and displayed posters. The DCS Whistle-blowing Policy which is informed by the Protected Disclosure Act provides the whistle-blowers of the process to be followed when reporting, for example, the relevant telephone numbers are provided where one can report, and also one is at liberty to remain anonymous when reporting if she/he fears victimization.

A Departmental Investigation Unit (DIU) was established in terms of Section 95A of the Correctional Services Act, Act 111 of 1998, as amended by Act 25 of 2008.

                                                                                                                             

03 March 2016 - NW73

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Chance, Mr R to ask the Minister of Agriculture, Forestry and Fisheries

Whether he has entered into a performance agreement with the President, Mr Jacob G Zuma, with regard to the implementation of the Medium-Term Strategic Framework (MTSF) 2014-2019; if not, why not; if so, (a) which key indicators and targets from the MTSF are reflected in the agreement, (b) how many performance assessments has he undertaken in consultation with the President since the agreement was signed, (c) what progress has been made in meeting the key indicators and targets from the MTSF, (d) what are the key obstacles to implementation and (e) what is the plan to address such obstacles? NW73E

Reply:

Minister Zokwana has a signed performance agreement that is translated into a Medium Term Strategic Framework for a 5years period. This is broken down into an annual performance plan.

These documents form the basis of the department being held accountable by Parliament on a quarterly basis and also held accountable by the public. The performance agreement of the Minister is therefore publicly assessed through the Portfolio Committees on a regular basis.

Additionally, the Public Finance Management Act (PFMA) compels all the Executing Authorities to subject their departmental expenditure to the Auditor General. This again is a measure that ensure full accountability to the public funds.

03 March 2016 - NW27

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Nkomo, Ms SJ to ask the Minister of Small Business Development

Whether her Ministry has any frozen vacant positions; if so, (a) how many of the specified positions are vacant, (b) what are the designations of the specified positions and (c) for how long have the specified positions been vacant?

Reply:

The Department of Small Business Development (DSBD) does not have any frozen posts on the current establishment.

03 March 2016 - NW218

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Gardee, Mr GA to ask the Minister in the Presidency

Has The Presidency awarded any contracts to companies indirectly or directly owned by certain persons (names furnished) in the (a) 2012-13, (b) 2013-14 and (c) 2014-15 financial years; if so, in each specified financial year, (i) how many times were such contracts awarded and (ii) for what amount?

Reply:

I wish to inform the Honourable Member that The Presidency and the Department of Planning Monitoring and Evaluation did not award contracts to companies owned by the mentioned persons in the financial years in questions.

03 March 2016 - NW276

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Carter, Ms D to ask the Minister of Agriculture, Forestry and Fisheries

(1) Whether his department has any models of the long-term impact of climate change and altered rainfall patterns in various parts of South Africa; (2) Whether his department is using the specified models to inform the agricultural sector of the changes they needed to effect and the strategies they needed to employ to remain economically viable; if not, why not; if so, what are the relevant details; (3) Whether he will make a statement on recorded high temperatures in South Africa between 1 December 2015 and 15 February 2016; (4) Whether the department is sufficiently responsive to the likelihood of western South Africa becoming hotter and drier in the foreseeable future and what needed to be done to deal with an altered climate?

Reply:

(1) My department draws from models designed in collaboration academic and research institutions within the Climate Change and Disaster Risk Management fields. These institutions provide climate projections for long term adaptation and mitigation scenarios to assist the Department of Agriculture, Forestry and Fisheries (DAFF) on the development of short – long term planning and strategies. Furthermore, the department in collaboration with the Agricultural Research Council (ARC) commissioned a research on “Sensitivity of crop suitability to climate change in South Africa” which addressed the potential shift of climate regions over South Africa and the potential shifts in crop production areas, driven by projected changes in temperature and rainfall.

The product of these models is disseminated on monthly basis to alert farmers on the seasonal forecast as well as suggested measures/strategies to prevent and mitigate against the impact of hazards and disasters under the auspices of the National Agro-meteorological Committee (NAC) chaired by DAFF. These contribute in the implementation of disaster risk management measures founded on prevention and mitigation as provided for under the Disaster Management Act, 2002 (Act No. 57 of 2002).

2. My department draws from models designed in collaboration academic and research institutions within the Climate Change and Disaster Risk Management fields. DAFF utilises the products of the models to advise the agricultural sector to plan ahead as well as the required measures in their farming practices. Furthermore, the daily extreme weather warnings issued to the agricultural sector are aimed at assisting farmers to be prepared for the pending hazards on the short-term for prevention and mitigation to ensure minimal impact to the sector.

3. As stated on items 1 and 2 above, the department issues advisories and warning messages to the farming sector as received from expert agencies such as SAWS and the ARC. As you will recall, the press release issued by DAFF on 3 November 2015 already reported on heat waves that occurred in September and October 2015 and provided advice on mitigation measures. This press statement further indicated the expected above normal temperatures and farmers were advised to implement precautionary measures to mitigate the impact associated therewith. The NAC Advisories further emphasised these conditions on monthly basis including the provision of precautionary measures. The NAC meeting held on 17 February 2016 deliberated on the observed weather conditions including on the above average temperatures where provinces were further advised to encourage the farmers to implement precautionary measures to mitigate these conditions. The outcomes of this meeting will be circulated to all involved including to the farmer organisations.

4. The mandate on climate resides with the Minister of Environmental Affairs. My Department is a user department. The department’s response to climate change in terms of the Sector Plan alluded to above is geared at addressing climate change across the country in line with national, regional and international frameworks. Based on the long term prediction scenarios, DAFF developed Climate Change Sector Plan for the implementation of an effective climate change adaptation and mitigation programme for the sector in compliance with the National Climate Change Response White Paper (NCCRWP, 2012) and in conformity with the Disaster Risk Management system. Some provinces have also developed climate change plans for their local scenarios which further assist in addressing the negative impact of climate change.

Climate change is a cross cutting issue and affects us all hence the need for the involvement of all role players and relevant stakeholders.

03 March 2016 - NW265

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Paulsen, Mr N M to ask the Minister of Agriculture, Forestry and Fisheries

1)Whether he and/or his department has bought advertising space in The New Age in the (a) 2012-13, (b) 2013-14 and (c) 2014-15 financial years; if so, (i) what number of times and (ii) for what amount in each specified financial year?

Reply:

  1. Expenditure by the department for advertising space in the New Age newspaper are as follows:

(a) 2012/13 financial year:

(i) 7 adverts

(ii) Total amount of R 393 922.30

(b) 2013/14 financial year:

(i) 3 adverts

(ii) Total amount of R 206 325.18

(c) 2014/15 financial year :

(i) 5 adverts

(ii) Total amount of R 378 511.92

03 March 2016 - NW375

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Groenewald, Mr HB to ask the Minister in the Presidency

With reference to President Jacob G Zuma’s undertaking in his State of the Nation Address delivered on 12 February 2015, that the Government will set aside 30% of appropriate categories of state procurement for purchasing from Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises, what percentage of the total procurement of (a) the Office of the Presidency and (b) every entity reporting to him went to (i) SMMEs and (ii) co-operatives from 1 April 2015 up to the latest specified date for which information is available?

Reply:

The Presidency procured 44%, and the Department of Planning Monitoring and Evaluation procured 22.8% from SMMEs in the period in question.

03 March 2016 - NW358

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Kruger, Mr HC to ask the Minister of Agriculture, Forestry and Fisheries

With reference to President Jacob G Zuma’s undertaking in his State of the Nation Address delivered on 12 February 2015, that the Government will set aside 30% of appropriate categories of state procurement for purchasing from Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises, what percentage of the total procurement of (a) his department and (b) every entity reporting to him went to (i) SMMEs and (ii) co-operatives from 1 April 2015 up to the latest specified date for which information is available? NW370E

Reply:

The Policy of set aside has not been implemented as yet by the National Treasury. Therefore, it is not possible to supply information with regards to (i) SMMEs and (ii) co-operatives from 1 April 2015 up to the latest specified date.

However, the Department does keep record of quotations awarded from R10 000 to R500 000 and bids awarded above R500 000 in terms of B-BBEE. Attached herewith is Annexure A with regards to bids awarded from 1 April 2015 to 31 December 2015 and Annexure B quotations awarded from 1 April 2015 to 31 December 2015.

03 March 2016 - NW250

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Mente, Ms NV to ask the Minister in the Presidency

Whether he and/or the Office of The Presidency has bought advertising space in The New Age in the (a) 2012-13, (b) 2013-14 and (c) 2014-15 financial years; if so, (i) what number of times and (ii) for what amount in each specified financial year?

Reply:

The Presidency and the Department of Planning Monitoring and Evaluation did not buy advertising space in The New Age newspaper in the period in question.

02 March 2016 - NW328

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America, Mr D to ask the Minister of Agriculture, Forestry and Fisheries

Whether his department completed the Agricultural Drought-Management Plan; if not, (a) why not and (b) when will the specified plan be completed; if so, (i) what is the current status of the plan and (ii) under what circumstances will the plan be implemented? NW338E

Reply:

Yes the Department of Agriculture, Forestry and Fisheries has completed the development of the Agricultural Drought Management Plan. The plan will form part of the strategic and/or overarching Agricultural Disaster Risk Management Plan.

(b) (i) The draft Agricultural Drought Management Plan went through the sectoral consultative process and was finalised is currently going through the departmental processes or/and structures for approval to become a policy document.

ii) The draft plan is currently being implemented whilst waiting for all the structures/processes to be completed for approval as policy document. The implementation of the plan is as per the draft Agricultural Disaster Risk Management Plan Disaster Management Act, act 57 of 2002, Disaster Management Amendment Act, act 16 of 2015, and the Disaster Management Framework of 2005 mandate and prescripts, in line with agricultural production related policies and with the Climate Change Sector Plan for agriculture.

02 March 2016 - NW327

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America, Mr D to ask the Minister of Agriculture, Forestry and Fisheries

Whether his department completed the Agricultural Disaster Risk-Management Plan; if not, (a) why not and (b) when will the specified plan be completed; if so, (a) what is the current status of the plan and (b) under what circumstances will the plan be implemented?327/NW337E

Reply:

Yes the Department of Agriculture, Forestry and Fisheries has completed the development of the strategic and/or overarching Agricultural Disaster Risk Management Plan.

a) The draft strategic and/or overarching plan went through the sectoral consultative process and was finalised. It is currently going through the departmental processes or/and structures for approval to become a policy document.

b) The draft plan is currently being implemented whilst waiting for all the structures/processes to be completed for approval as policy document. The implementation of the plan is as per Disaster Management Act, act 57 of 2002, Disaster Management Amendment Act, act 16 of 2015, and the Disaster Management Framework of 2005 mandate and prescripts, in line with agricultural production related policies and with the Climate Change Sector Plan for agriculture.

02 March 2016 - NW199

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Cebekhulu, Inkosi RN to ask the Minister of Agriculture, Forestry and Fisheries

Whether his Ministry has any frozen vacant positions; if so, (a) how many of the specified positions are vacant, (b) what are the designations of the specified positions and (c) for how long have the specified positions been vacant?

Reply:

No

(a) Not applicable

(b) Not applicable

(c) Not applicable

02 March 2016 - NW36

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More, Ms E to ask the Minister of Social Development

Whether her Ministry has any frozen vacant positions; if so, (a) how many of the specified positions are vacant, (b) what are the designations of the specified positions and (c) for how long have the specified positions been vacant?

Reply:

The Department does not have any frozen vacant positions. The organizational structure was approved in May 2015 and newly created posts are filled according to prioritization.

(a) Not applicable

(b) Not applicable

(c) Not applicable

02 March 2016 - NW325

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Steyn, Ms A to ask the Minister of Agriculture, Forestry and Fisheries

(a)Why did the National Crop Estimates Committee issue its preliminary production forecast for the summer 2016 crops in January 2016, (b) who requested such a forecast to be issued so early in the year and (c) what is the expected margin of error when releasing a forecast so early in a year

Reply:

a) At an emergency maize meeting held on 8 December 2015, it was agreed that if weather conditions did not improve, a formal industry-wide meeting should be held on 15 January 2016, to evaluate the impact of the drought, particularly on the production of maize; to acknowledge the necessity of industry cooperation in dealing with the situation; and, to reach consensus on actions required to address the looming shortage of food in the country.

Therefore, one of the actions strongly supported, was to release a production forecast for the new season a month earlier (during January 2016), because a reliable official estimate of inter alia the size of the expected maize crop, was required (as a result of the drought situation) in order for industry to plan properly. Kindly note that the Crop Estimates Committee (CEC) has traditionally released a preliminary area planted to summer grain crops estimate for the new season during January.

b) At the follow-up emergency maize meeting held on 15 January 2016, where about 70 Maize Steering Committee Members/Industry role-players/Interested parties were present, it was decided to send a formal request to the Department and the national Crop Estimates Committee, which falls under the auspices of the DAFF, to release a crop estimate prior to the traditional first estimate in February 2016.

Also, at this meeting, it was noted that an earlier crop estimate would assist the Grains and Oilseeds Supply and Demand Estimates Committee, under the auspices of the NAMC, to release information on the availability of maize regarding the new marketing season, which commences on 1 May 2016, a bit earlier.

c) Since this is the first time that the CEC has released a preliminary production forecast during January, and no previous data sets exist to compare it against, the CEC is not in a position to comment on the reliability of such an early forecast. However, it should be noted that the Crop Estimates Liaison Committee, an oversight body over the CEC, has set a norm for the CEC to be within 8% for the 1st to the 4th estimate from the final crop size; and to be within 5% for the 5th to 8th estimate from the final crop size.

In considering the accuracy of the estimates of the Crop Estimates Committee over the past 5 seasons, the Committee was (except for 2014) always within the required norm of 8% for the February estimate vs the final crop size.

Season

Estimate within the required norm of 8% from the
(actual) crop size.

2010

+0,5%

2011

+6,6%

2012

-3,4%

2013

+4,6%

2014

-11,0%

2015

-2,9%

Furthermore, the preliminary production forecast released in January 2016, was exclusively based on information provided by farmers, with no inputs from other role-players.

02 March 2016 - NW244

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Mkhaliphi, Ms HO to ask the Minister of Home Affairs

Whether he and/or his department has bought advertising space in The New Age in the (a) 2012-13, (b) 2013-14 and (c) 2014-15 financial years; if so, (i) what number of times and (ii) for what amount in each specified financial year?

Reply:

The information is tabulated hereunder:

 
  1. 2012-13
  1. 2013-14
  1. 2014-15

(i)

O times

Two adverts - once

One advert - once

(ii)

R0

R 521,887.44

R 126,840.96

The placement of the adverts on the New Age Newspaper for the respective years was on the following matters:

2013-14:

  • Duplicate ID Case Resolution Campaign
  • Government Plan on the Extension of Working Hours During Festive Season at Ports of Entry.

 

2014-15:

  • Multimedia Campaign to intensify Communication on the National Population Registration Campaign (NPRC).

It, however, must be noted that the department has similarly also bought advertising space on the above matters in other newspapers such as The Star and Beeld during the respective 2013-14 and 2014-2015 financial years.

02 March 2016 - NW453

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Alberts, Mr ADW to ask the Minister of Trade and Industry

(1) Whether the SA National Standards (SANS) 1795: Road Traffic Law Enforcement Systems, Part 5: Data Capturing Equipment and Capturing Equipment for Road Traffic Law Enforcement or any other SANS has, in terms of the Legal Metrology Act, Act 9 of 2014, and its preceding Act, been declared a legal metrology regulation that is valid and applicable to the Gauteng e-tolling instruments; if not, why not; if so, (a) when, (b) what is the legal position of such SANS declaration(s) and (c) what are the further relevant particulars; (2) Whether the SA Bureau of Standards or any other standards organisation has declared SANS 1795, Part 5, or any other SANS to be valid for and applicable to the Gauteng e-tolling instruments; if not, why not; if so, (a) when, (b) what is the legal position of such SANS declaration(s) and (c) what are the further relevant particulars?

Reply:

1. No SANS for e-tolling has been declared a legal metrology regulation. SANS1795-5 specifies mechanical, electrical and operational requirements for data capturing and recording equipment that is intended for road traffic law enforcement and prosecution purposes. The scope of SANS1795-5 does not include legal metrology requirements. In addition, SANS1795-5 is required to be read in conjunction with SANS1795-0. The scope of SANS1795-0 also refers to mechanical, electrical and operational requirements for speed measuring equipment and associated speed measuring systems that are intended for traffic law enforcement and prosecution purposes. Therefore in the opinion of the dti neither SANS 1795 5 or 0 is not valid and applicable to the Gauteng e-tolling instruments.

Legally, the declaration of the SANS is guided by the requirements set in Section 22 (2) c of the Legal Metrology Act until such time regulations are developed.

2. SANS 1795-5 has not been declared applicable for e-tolling instruments. SANS is referenced in the Road Traffic Safety Act which the National Department of Transport (NDoT) is the custodian of. Therefore the regulatory authority responsible for legally declaring SANS 1795-5 mandatory or compulsory including its enforcement would be NDoT.

02 March 2016 - NW174

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Boshoff, Ms SH to ask the Minister of Basic Education

(1)What are the relevant details of the process followed to obtain concessions to address the special needs of learners in order that they might fairly be tested in (a)(i) tests and (ii) examinations administered by schools, for all grades and (b)(i) tests and (ii) examinations administered by (aa) provincial and (bb) national education departments, in particularly for the final National Senior Certificate examinations; (2) whether any process of appeal against a decision exists; if not, why not; if so, what are the relevant details of this appeal process; (3) whether prescribed guidelines are used by provincial education departments to communicate a decision to grant concessions or otherwise; if not, why not; if so, what are the relevant details of such guidelines; (4) what (a) qualifications and/or (b) training must be possessed by the persons making the decisions on the granting or otherwise of concessions? NW174E

Reply:

(1) (a)(i) and (ii). The procedures to be followed to obtain concessions and accommodations for learners in all grades, at school, are outlined in the Policy on Screening, Identification, Assessment and Support (SIAS) of 2014. Once a learner has been identified as needing additional support, the class teacher can apply a range of curriculum support mechanisms as outlined in the Support Needs Assessment Form 2 (SNA 2). One of these support mechanisms is to apply accommodations in assessment. Decisions on how the school will co-ordinate these accommodations are co-ordinated by the School-Based Support Team and tracked through the Individual Support Plan that has been developed for learners who have additional support needs. All decisions on how accommodations are applied in School-Based Assessment and Exams must be approved by the District-Based Support Teams.

(b)(i) and (ii) (aa) and (bb) The procedures for administration of concessions and accommodations in the conduct of any tests or examinations related to the National Senior Certificate, including examinations conducted by Provincial Education Departments, are outlined in Annexure C1 of National Policy Pertaining To The Conduct, Administration And Management Of The National Senior Certificate Examination (2014). The Policy outlines who is eligible to apply for accommodations and concessions, which mechanisms are available, what procedures should be followed to submit an application and which structures and officials are responsible for verifying and approving the application. The Policy states that “the assessment of the learner must be verified and confirmed by the District-Based Accommodation/Concessions Committee. Together, the School-Based and the District Based Accommodation/Concessions Committee will determine the form and level of support required. The information on the prescribed forms plus the necessary documentation compiled by professional experts, must be submitted to the Provincial Accommodation/Concessions Committee (established by the Head of Department) where, if approved, the necessary support will be captured on the Assessment and Examinations IT System.”

(2) Yes. The appeal process is outlined in Paragraph 2 (8) of Annexure C1 of National Policy Pertaining To The Conduct, Administration And Management Of The National Senior Certificate Examination (2014) which states that “an accommodation/concession decision may be appealed to the Head of the Provincial Education Department within two months of receipt of the original decision.” The Department reserves the right to request further assessment, if necessary.

(3) Provincial guidelines on the administration of the accommodations are being used by Provincial Education Departments. A National Guideline that aligns and co-ordinates all procedures are currently being finalised by the DBE. Training of officials at all levels of the system on the SIAS Policy, is in progress and includes the administration of accommodations in assessment. The training on the Guidelines on Accommodations, to be conducted by the DBE in 2016, together with the monitoring by the DBE will ensure that there is uniform application of this Policy.

(4) (a) Officials who serve on the District-Based Support Teams that review all applications, should be appropriately qualified specialist professionals such as education psychologists or learning support specialists.

(b) Provinces have conducted training on the administration of the Policy. This training will be extended and improved during the national training programme that will be conducted in 2016 as mentioned in Paragraph 3.

02 March 2016 - NW113

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Masango, Ms B to ask the Minister of Social Development

What are the relevant details of the Ministerial Programmes that were allocated an additional R5 million under her department’s adjusted budget?

Reply:

The Minister of Social Development was involved in various Departmental and outreach programmes during the 2015/16 financial year. The additional funding allocated as part of the 2015 Adjusted Estimates process, was mainly for the following activities:

May 2015

  • Post National Council of Provinces (NCOP) budget vote event, in Parliament, CPT
  • Opening of an ECD, KwaLanga CPT
  • DSD NCOP Budget vote
  • Post NCOP Budget vote, Parliament, CPT
  • MINMEC meeting
  • Child Protection Week Activities

June 2015

  • Opening address on the Day of the Africa Child
  • International Day on Families
  • DSD youth day celebration

July 2015

  • International Day Against Substance Abuse, Eersterust ,PTA
  • World Population Day

August 2015

  • Launch of Cooperatives, Popo Molefe Informal Settlement, Rustenburg
  • Launch of Food Security programme, Free State

September 2015

  • National Summit on Social Development White paper, Boksburg
  • 70th session of the UN general debate, at General assembly, NY (New York)

October 2015

  • Active Ageing Programme
    • International day to Old Persons
    • Grandparents day
    • Ministerial Luncheon with Gauteng struggle veterans
    • 3rd National Parliament for Older Persons
    • 1st National Choir Festival
    • AGM of South African Older Persons Forum/ Conference of Older Persons

November 2015

  • HIV/Aids Awareness Campaign
  • Disability Month activities
  • Launch of Community Nutrition and Development Centers (CNDC’s)
  • Meetings of Minster and MEC (MINMEC)
  • Various provincial Mikondzo Imbizos (DSD Services)
  • 7th African Population Conference

December 2015

  • Anti – Substance Abuse Festival Campaign, Durban

02 March 2016 - NW324

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Agriculture, Forestry and Fisheries

(1) Whether the National Agro-Meteorological Committee released any reports since 2012; if not, why not; if so, (a) How many reports were released each year, (b) what was the purpose of each report and (c) How was this information distributed? 324/NW334

Reply:

a) The National Agrometeorological Committee released 12 reports every year.

b) The purpose of each report is to update the agricultural sector on the seasonal climate forecast for the specific period as well as the strategies to be implemented in line with the expected rainfall and temperature conditions since the South African Weather Service updates the seasonal climate forecast.

c) The information was distributed through e-mails to the Provincial Departments of Agriculture (Head of Departments, provincial management and disaster risk management coordinators) and Organized Agriculture amongst others, for further dissemination to the farming communities. The information was further distributed and discussed with the farmers during awareness campaigns on disaster risk management, roving seminars on impacts of weather and climate to agriculture as well as farmers days organized by province. In addition, the information is disseminated during uptake of early warning information meetings in the provinces. Furthermore, the extension officers continue to discuss the advisories with the farmers as part of their scheduled meetings including facilitation of study groups.

02 March 2016 - NW149

Profile picture: Jooste, Ms K

Jooste, Ms K to ask the Minister of Social Development

(a) How many lawyers have been (i) reported to the law societies and (ii) successfully prosecuted for (aa) hiding the must-mediate requirement of section 6(4) of the Children's Act, Act 38 of 2005, from their divorcing clients and (bb) for selling a litigation strategy, and (b) what is her department doing to close the gaps and enforce the Act to protect children in divorces?

Reply:

(a) There are no lawyers (i) who have been reported to the law society and (ii) successfully prosecuted for (aa) hiding the must-mediate requirement of section 6(4) of the Children’s Act, 2005 (Act No. 38 of 2005), from their divorcing clients and (bb) for selling a litigation strategy. A relationship between a client and his or her legal representative is privileged and therefore it is not possible for the Department to be aware of the conducts in question unless it is reported to the Department by either the clients or some other whistle blower who has inside information. In this regard, no cases have so far been reported to the Department. (b) The protection of children involved in a divorce is regulated by section 6 of the Divorce Act, 1979 (Act No. 70 of 1979) section 4 of the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987). It is therefore not necessary for this matter to be regulated under the Children’s Act.

02 March 2016 - NW331

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Bozzoli, Prof B to ask the Minister of Higher Education and Training

(a) What is the project timeline, with specific milestones, for the forensic investigation into the National Student Financial Aid Scheme and (b) when will (i) the specified investigation be concluded and (ii) Parliament receive a report on it?

Reply:

(a) The Department of Higher Education and Training appointed Nexus Forensic Services on 23 September 2015 to conduct an investigation into allegations of fraud and corruption in the allocation of the National Student Financial Aid Scheme loans and bursaries at ten identified public higher education as well as Technical and Vocational Education and Training institutions.

(b) (i) The investigation is expected to be concluded within a period of 12 months from the date of the appointment of Nexus Forensic Services.

(ii) The forensic investigation is conducted within the legal framework of the Constitution and applicable legislation, taking into account any limitations in order not to infringe individual rights. Once the report has been received and after applying due diligence, a decision will be made on releasing of the report.

 

 

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 331 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

02 March 2016 - NW151

Profile picture: Jooste, Ms K

Jooste, Ms K to ask the Minister of Social Development

(1)By what date will her department circulate the proposed draft amendments to the Older Person’s Act, Act 13 of 2006, to (a) provincial departments of social development and (b) interested NGOs; (2) how much time will (a) provincial departments and (b) interested NGOs have to give feedback on the proposed draft amendments; (3) what is her department’s deadline for the finalised draft amendments to be submitted to parliament for consideration?

Reply:

1. The Department has developed draft amendments to the Older Person’s Act 13 of 2006. Consultations were done in provinces during the past year.

In terms of the legislative process, the provincial departments and interested NGOs will make inputs again once the draft Bill has been gazetted for public comments and during public hearing conducted through Parliamentary processes.

2. The time frames for feedback will be determined in the gazette itself.

3. The finalised draft Bill will be submitted to Parliament by 31 March 2017.

02 March 2016 - NW236

Profile picture: Mashabela, Ms N

Mashabela, Ms N to ask the Minister of Basic Education

Whether she and/or her department has bought advertising space in The New Age in the (a) 2012-13, (b) 2013-14 and (c) 2014-15 financial years; if so, (i) what number of times and (ii) for what amount in each specified financial year?

Reply:

(a) The Department of Basic Education has not spent money on advertising in The New Age newspaper,

i) N/A

ii) N/A

(b) The Department of Basic Education has not spent money on advertising in The New Age newspaper,

i) N/A

ii) N/A

(c) The Department of Basic Education has not spent money on advertising in The New Age newspaper,

i) N/A

ii) N/A

02 March 2016 - NW338

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Higher Education and Training

(a) What steps has his department taken to ensure that the abandoned students of the Vukani Aviation Project are provided with alternative training through a different flying school and (b) when were the specified students last contacted by his department in this regard; (2) (a) have the specified students been informed of their likely futures and (b) has his department apologised for the plight they have found themselves in; if not, in each case, why not; if so, what are the relevant details; (3) whether any funding has been recovered from the service provider concerned; if not, why not; if so, what are the relevant details; (4) whether he plans to take any legal steps against the service provider for failing to provide safe and adequate learning conditions to the students; if not, why not; if so, what are the relevant details; (5) whether the Civil Aviation Authority has taken any steps to investigate the service provider of the Vukani Aviation Project for deviations from flying/airline safety protocols; if not, why not; if so, what were (a) the findings and (b) consequences?

Reply:

1. (a) The students of the Vukani Aviation Project have not been abandoned as the Department is in the process of sourcing an alternate school for the cadets. To date presentations have been received from flying schools and the Department is in the process of finalising the selection of an alternate school.

(b) The Department is in contact with the students, informing and updating them of the progress made in securing alternative training with the last being on 4 January 2016.

2. (a) Yes, the students have always been assured that the Department has their interests at heart and that they will be awarded an opportunity to complete their respective training.

(b) The Department has on several occasions during meetings held with the students expressed its displeasure surrounding the circumstances that emerged from this project and have assured the cadets that this matter will be finalised in their favour. The Department has fully and comprehensively explained the situation to the students.

3. The contract between Vukani Aviation and the Department ended in December 2015, and the service provider is in the process of submitting a closeout report. It is important to note that payments to service providers are only processed on performance and delivery of programmes. Upon receiving the closeout report, the Department will determine whether there is any amount owed to the service provider.

4. The training provider has been fully accredited by the South African Civil Aviation Authority (SACAA) and the Department believes that only SACAA has the authority to take legal steps against the training provider if any air safety regulations have been flouted.

5. This matter lies within the competency of SACAA and it is suggested that this question be directed to SACAA.

 

Compiler/contact persons:

Contact number:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 338 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

01 March 2016 - NW5

Profile picture: Khubisa, Mr NM

Khubisa, Mr NM to ask the Minister of Home Affairs

What measures does he intend putting in place to alleviate the difficulties at some offices of his department where well over 500 citizens queue up from as early as 04:00 am in order to obtain their unabridged birth certificates and are turned away at 16:00 due to his department not being able to process the certificates?

Reply:

In general there is no high influx of clients seeking unabridged certificates (UBC) at our offices. No long queues are experienced solely for the purposes of UBCs at any of our offices in the provinces. The only exception was during the past festive season and we envisage the same during holidays/ peak travel season. However, letters in lieu of Unabridged Birth Certificates are issued to clients who applied and did not receive the Unabridged Birth Certificates for travelling purposes within our turnaround time.

Applications taken are captured daily to improve turnaround time. All the queries received, including those for Unabridged Birth Certificates, are attended to on the spot and clients are not turned away due to this department not being able to process their certificates.

01 March 2016 - NW252

Profile picture: Mente, Ms NV

Mente, Ms NV to ask the Minister of Public Enterprises

Whether she and/or her department has bought advertising space in The New Age in the (a) 2012-13, (b) 2013-14 and (c) 2014-15 financial years; if so, (i) what number of times and (ii) for what amount in each specified financial year. NW 256E

Reply:

The Department of Public Enterprises has not bought advertising space in The New Age in the (a) 2012-13, (b) 2013-14 and (c) 2014-15 financial years.

(a) 2012-2013

(i) None

(ii) None

(b) 2013-2014

(i) None

(ii) None

(c) 2014-2015

(i) None

(ii) None

 

 

01 March 2016 - NW401

Profile picture: Figg, Mr MJ

Figg, Mr MJ to ask the Minister of Public Enterprises

Whether, in the face of Eskom’s debts exceeding R350 billion, the utility will continue to be able to provide almost all of the country’s electricity requirements through the acquisition of additional coal-fired and nuclear power stations; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Yes, Eskom will be in a position to acquire additional coal fired power station capacity.

Eskom’s current level of debt at 31 December 2015 is R333 billion. The approved borrowing program contained in the 2015/16 Corporate Plan amounts to R237 billion. Consequently it is envisaged that the Eskom debt will exceed R350 billion over the next 5 years.

The 2015/16 Corporate Plan in addition makes provision for Eskom to continue with the Medupi, Kusile and Ingula Build Program that will add in excess of 9600 megawatt of additional capacity into the electricity grid.

The future nuclear build program will be dependent on an appropriate funding model being developed by Eskom and Government.

01 March 2016 - NW112

Profile picture: Redelinghuys, Mr MH

Redelinghuys, Mr MH to ask the Minister of Police

(1)With reference to CAS 420/11/2015 opened at the Temba Police Station, what is the current status of the investigation; (2) whether any suspects have been questioned; if not, why not; if so, what are the relevant details; (3) whether any arrests have been made; if not, why not; if so, what are the relevant details; (4) what is the anticipated date for the finalisation of the specified case?

Reply:

  1. The docket is under investigation.

The post mortem as well as toxicology reports are outstanding.

The Investigation Officer is still tracing independent witnesses in this case.

2. Identified suspects were interviewed in the presence of their attorney and they indicated to remain silent. Their attorney will submit their explanation in court.

3. Three suspects have been arrested.

(4) This incident happened on 13 November 2015 at 01:00 when the deceased was caught during the Burglary at Charles Metlhape’s place. The community was mobilized and the deceased was assaulted by the community during his apprehension. The police rescued him from the mob and took him to the George Mukhari hospital where he passed away on 18 November 2015. Although witnesses pointed out the three main suspects during this incident, the Senior Public Prosecutor still needs independent witnesses. The post mortem and the other expert statements are outstanding and not yet ready for collection. There are currently five housebreaking cases outstanding against the deceased and he was supposed to appear in court on these charges on 3 February 2016. The outstanding documents will be collected as soon as they are ready.

29 February 2016 - NW111

Profile picture: Redelinghuys, Mr MH

Redelinghuys, Mr MH to ask the Minister of Police

(1)With reference to CAS 186/01/2012 opened at the Kempton Park Police Station, (a) what are the complaints contained in the docket and (b) what is the current status of the investigation; (2) whether the person(s) charged have a criminal record; if so, what are the relevant details; (3) whether any further action has been taken against the persons indicted to date; if not, why not; if so, what are the relevant details?

Reply:

(1)(a) Perjury

(1)(b) The docket was filed at the station on the 2012-03-29 as unfounded.

(2) No one was charged.

(3) Not applicable.

29 February 2016 - NW57

Profile picture: America, Mr D

America, Mr D to ask the Minister of Telecommunications and Postal Services

(a)What was the contracted term of the lease of the premises that the SA Post Office in Bryanston, Gauteng, used, (b) on what date was it signed and (c) what is the rental (i) period and (ii) amount; (2) what is the outstanding amount owed for (a) rent and (b) utilities at the specified premises; (3) Whether any mail and other postal items including equipment are still in the post office; if so, what arrangements have been made to retrieve these items; (4) have arrangements have been made to settle the outstanding rental; if not, when will the outstanding rent be settled; if so, what are the terms?

Reply:

I have been advised the South African Post Office (SAPO) as follows:-

  1. (a) The Bryanston Post Office was on a 3-year lease.

(b) The lease was signed on 2015/10/09 for Retail, Mail delivery lease is in circulation for signature

(c) Rental is as follows: Retail= R89 877.60 per month, mail delivery = R147 507.16 per month

(i) Commenced on 2011/11/01 and expired on 2014/10/30, the renewal delayed due to negotiations;

2. According to the landlord the following amounts are overdue and SAPO is busy with its reconciliation of the outstanding amounts as it is not in full agreement:

(a) Mail delivery R422 609.47, Retail R18 703.23, Total due R441 312.70, all-inclusive and

(b) Amounts include utilities;

3. Mail has been retrieved. The equipment is still on site. The landlord will only release the equipment once the payment is made in full.

4. No settlement arrangements have been made because SAPO is currently doing a reconciliation of the outstanding amounts.