Questions and Replies

Reply:

1. The difference is as a result of Mikondzo events which were held in the beginning of the financial year, before the companies were accredited. The response to Parliamentary Question 2018 indicated all the amounts paid to the accredited companies, from the date of their accreditation in June 2016 and also included one event which was held on 12 May 2017, which is in fact in the 2017/18 financial year.

The response to parliamentary question 2019 is not complete, and the amounts indicated are not accurate. I apologise for the inaccurate information submitted.

2. The Mikondzo events managed by the accredited companies were not separate to those indicated in the reply to question 2019. However, as indicated, the response to parliamentary question 2019 was not complete.

The amounts paid to the accredited companies were funded from the retained surplus within SASSA, and therefore did not reflect on the budget.

Reply:

1. The reply to Parliamentary Question 2019 indicated that there were 11 Mikondzo events held in KwaZulu-Natal. The areas identified for Mikondzo are informed by prevailing social ills, the level of poverty and challenges with access to social services amongst others. As a result, the provinces will not all host the same number of Mikondzo events.

2. Please note that there was an error in the attachment to Parliamentary Question 2019, for which I apologise. The actual amount spent on Mikondzo for the financial year, was approximately R100 million, and not R10 billion. The events in Limpopo and Mpumalanga indicated that an amount of R2,5 billion was spent on these events. This should have been R2,5 million, which was in line with the budgeted amount for each event. The funding was allocated from the retained surplus.

3. No virements were necessary, as the funding was allocated from the retained surplus.

4. As indicated under response to question 2, the details in the spreadsheet in the response to question 2019 was incorrect. The budgeted amount for each event was in fact R2,5 million.

Reply:

I have been informed by the Department as follows:

(a) Yes, there are currently three (3) vacancies.

(b) The Department called for nominations of persons suitable for appointment to the Board of the South African Post Office (SAPO). The response did not yield suitable candidates in terms of the skills requirements in line with the provisions of the SAPO Act. The Department is now pursuing other means of sourcing the suitable candidates including headhunting.

Approved/ Not Approved

_________________________

Dr Siyabonga Cwele, MP

Minister of Telecommunications and Postal Services

DATE:

Reply:

The Chief Financial Officer (CFO) and the Chief Executive Officer (CEO) of the NYDA are appointed on a fixed term contracts not exceeding five years.

Reply:

The information requested by the Honourable Member is not readily available within the Department, but has been sought from the Provinces. The information will be provided to the Honourable Member as soon as it becomes available.

Reply:

The matter is currently under investigation and the Department will provide information once it is completed.

Reply:

(1)– (3) The Department’s database does not rank the service providers. However, the information relative to the bids awarded by the Department and its entities is published in the media from which they are advertised such as:

• Government Tender Bulletin
• E-tender portal (National Treasury)
• Departmental Website

The Member is also referred to the Annual Reports of both the Department and its entities of over the past five years as these would also have an indication of the procurements that the Auditor-General would have delivered his opinion on.

---ooOoo---

Reply:

The Ekurhuleni Metropolitan municipality through the Gauteng Provincial Department of Cooperative Governance and Traditional Affairs provided the information:

(1) Ekurhuleni Metropolitan Council disaster management vehicles did not respond and arrive on the scene at about 11:30 pm.

Section 49(1) of the Disaster Management Act, Act 57 of 2002 requires municipalities to immediatelyinitiate efforts to assess the severity and magnitude of a disaster. Assessments are conducted in line with disaster management plans developed in terms of section 43. As per legislative requirements and disaster management plans, City of Ekurhuleni Disaster & Emergency Management Services (DEMS) Department`s operational preparedness and response to incidents starts when the first early warning message is received.

In the case of the severe thunderstorm that occurred on 09 November 2016, the first warning message from the South African Weather Service (SAWS) was received at 14:15 followed by another one at 16:32. Immediately after the receipt of the first warning, the municipality`s Standard Operating Procedures (SOP) were activated. These SOP include notifying stakeholders such as the senior disaster management officials, station manager and councilors on the DEMS database about the warning from SAWS and informing them of the activation of the Joint Operations Centre (JOC). Following the occurrence of the storm (which occurred at approximately 17:00), Disaster Management Officials and the Emergency Services Station Managers immediately began to assess the impact of storm all areas including Edenvale.

(2)(a) Ekurhuleni does not have a disaster management depot and is not legally obligated to have a depot.

(b) Legally the municipality is required to establish a disaster management centre in terms of section 43 of the Disaster Management Act, Act 57 of 2002. It must be noted that the offices in Bedfordview are the headquarters of the Disaster and Emergency Management Services (DEMS) department that includes the Disaster Management Division and the Disaster Management Centre.

(3)(a) The City`s disaster management response plans were followed during the flooding. As per legislative requirements and disaster management plans, City of Ekurhuleni Disaster & Emergency Management Services (DEMS) Department`s operational preparedness and response to incidents starts when the first early warning message is received disaster management department.

(i) For the Roads and Storm Water Department, the City of Ekurhuleni annually provides maintenance budgets per region as well as per depot. In the case of Edenvale Roads and Storm Water Depot, the regional amount allocated for 2016/17 for Stormwater maintenance was R1, 327,000. The allocation for maintenance for the depot was R2, 124,000. For 2017/18 financial year, the regional allocation is R1, 381,477 and the allocation for the depot is R2, 200,048. In addition, the DEMS department made available R10 million (R10, 000,000) to the Roads & Stormwater department to rehabilitate some of the damaged infrastructure (i.e. Roads & Stormwater).

(ii) No amount was made available for Water & Sanitation department since the infrastructure there were no significant damages.

Reply:

The information requested by the Honourable Member is not readily available within the Department, but has been sought from the Provinces. The information will be provided to the Honourable Member as soon as it becomes available.

Reply:

The Department of Public Works provides service delivery infrastructure to the Department of Correctional Services, for the past five financial years and since 1 April 2017, the amount that was spent on (i) building new, (ii) upgrading existing correctional facilities is presented as follows:

Item	Financial Year	TOTAL ALLOCATION	EXPENDITURE	Planning Stage (4-4A)	Tender Stage (4B)	Evaluation & Adjudication (5-5A)	Construction Stage (5B)	Practical Completion Stage (6A)
	2013/14	680 137 750	300 325 570	106	14	11	46	22
	2014/15	454 648 915	359 875 110	110	12	4	46	19
	2015/16	576 165 972	482 579 915	98	3	13	41	15
	2016/17	447 521 941	536 295 194	72	13	1	34	13
	2017/18	243 897 506.00	243 002 430.80	79	4	1	23	9
Total	2 402 372 084	1 922 078 220	465	46	30	190	78

In each case the relevant details on (i) relevant details of the facility concerned, (ii) work done, (iii) date of completion are provided as follows:

CLIENT DEPT	TOWN	DESCRIPTION	STATUS	FINANCIAL TENDER DATE	FIRST DELIVERY DATE	STATUS
CORRECTIONAL SERVICES	HEILBRON	IMPLEMENTATION OF EMERGENCY BACK-UP POWER SUPPLY	6A	2016/12/05	2017/06/04	Project Completed
CORRECTIONAL SERVICES	KROONSTAD	IMPLEMENTATION OF EMERGENCY BACK-UP POWER SUPPLY AT KROONSTA D MEDIUM A, MEDIUM B, MEDIUM C & YOUTH CENTRE AND COLLEGE	6A	2014/12/02	2017/08/02	Project Completed
CORRECTIONAL SERVICES	VIRGINIA	INSTALLATION OF BACK UP POWER GENERATOR AT VIRGINIA PRISON	6A	2016/12/05	2017/05/04	Project Completed
CORRECTIONAL SERVICES	ZASTRON	INSTALLATION OF BACK UP POWER GENERATOR	6A	2016/12/05	2017/05/30	Project Completed
CORRECTIONAL SERVICES	VENTERSBURG	INSTALLATION FOR BACK UP POWER GENERATOR	6A	2017/01/26	2017/09/21	Project Completed
CORRECTIONAL SERVICES	SASOLBURG	GROENPUNT CORRECTIONAL CENTRE: REPAIR OF RIOT DAMAGE TO MAXI MUM CENTRE	6A	2016/09/27	2017/05/08	Project Completed
CORRECTIONAL SERVICES	VILJOENSDRIF	GROENPUNT MEDIUM PRISON: UPGRADING OF THE EXISTING KITCHEN A ND CONVERSION FROM STEAM TO ELECTRICAL	5B	2015/05/19	2017/08/14	On construction
CORRECTIONAL SERVICES	GROOTVLEI (FS)	SEWAGE AND WATER INFRASTRUCTURE UPGRADE	5B	2016/03/15	2018/01/16	On construction
CORRECTIONAL SERVICES	PAARL	BOUNDARY FENCE PROJECT	6A	2015/12/04	2017/06/15	Project Completed
CORRECTIONAL SERVICES	PAARL	OUTSIDE KITCHEN: UPGRADE KITCHEN AND REFURBISH EQUIPMENT, IN CLUDING PAINTINGS & FLOORING	5B	2017/04/10	2017/12/09	On construction
CORRECTIONAL SERVICES	TZANEEN	REPLACEMENT OF TEMPORARY PRISON WITH A FACILITY FOR 494 INMA TES INCLUDING SECURITY FENCE AND SPORTFIELD: ADDITIONAL ACCO MODATION REQUIREMENTS	5B	2017/01/10	2017/09/27	On construction
CORRECTIONAL SERVICES	DURBAN	PAROLE BOARD FACILITIES: UPGRADING AND EXPANSION OF EXISTING AND PROVISION OF NEW STRUCTURES_(NEW)	6A	2016/06/23	2017/05/12	Project Completed
CORRECTIONAL SERVICES	ESTCOURT	HERITAGE - REPLACEMENNT OF EXISTING CORRUGATED IRON BUILDING AND REBUID WITH BRICK	5B	2012/04/17	2017/11/15	On construction
CORRECTIONAL SERVICES	PIETERMARITZBURG	REPAIR AND MAINTENANCE OF INTEGRATED SECURITY SYSTEM	5B	2016/02/22	2019/02/21	On construction
CORRECTIONAL SERVICES	KOKSTAD	KOKSTAD MEDIUM AND MAXIMUM CORRECTIONAL CENTRES: FOLLOW ON C ONTRACT: INTEGRATED SECURITY SYSTEM	5B	2016/02/22	2019/02/21	On construction
CORRECTIONAL SERVICES	LADYSMITH (KZN)	SUPPLY AND INSTALLATION OF STANDBY GENERATOR AT DUNDEE, VRYH EID, LADYSMITH, POMEROY, NEWCASTLE, UTRECHT AND KRANSKOP	5B	2016/08/05	2017/08/04	On construction
CORRECTIONAL SERVICES	KURUMAN	REPLACEMENT OF FOUR IN ONE SLICER, KITCHEN FLOORING , FOOD P ROCESSOR AND MEAT SAW	6A	2016/03/18	2017/04/18	Project Completed
CORRECTIONAL SERVICES	KIMBERLEY	REPAIR AND MAINTENANCE PROJECT: FOLLOW ON CONTRACT FOR INTER GRATED SECURITY SYSTEM AT TSHWELOPELE (KIMBERLEY)CENTRE	5B	2015/10/05	2018/10/05	On construction
CORRECTIONAL SERVICES	RUSTENBURG	RUSTENBURG PRISON: REPAIR & RENOVATION AND UPGRADING OF BUIL DINGS, WET SERVICES AND CIVIL INFRASTRUCTURE.	5B	2014/07/14	2018/07/26	On construction
CORRECTIONAL SERVICES	STANDERTON	STANDERTON CORRECTIONAL CENTRE: ADAPTATION AND COMPLETE UPGRADING PHASE 2: WCS 044954	5B	2013/12/20	2018/04/29	On construction

Reply:

a) All transfers have been made in line with the payment schedule as approved by National Treasury. The Department is only responsible for the EPWP Incentive Grant for Provinces.

b) The devolution of the property rates fund grant to provinces as the allocated funding for property rates was phased into the equitable share in 2013/14. This therefore means that the Department does not make transfers to provinces for property rates and service charges as it is part of their equitable share.

Reply:

I have not yet received the Proclamation relating to ESKOM from the SIU.

Reply:

1. All overtime due to officers and staff members has been paid and there is no outstanding payment.
2. See (1) above
3. See (1) above

Reply:

a) In terms of public transport strategy the incumbent operators (taxi and bus operators) should be the core of the integrated public transport system. Currently, the Integrated Public Transport Networks (IPTNs) are being operated by the incumbent operators as envisaged in the strategy. In most of the cities minibus taxi are feeding to the trunk or will feed to the trunk once the system is up and running.

b) The system is being rolled out in phases, as a result of that various cities are at different stages in terms of their system roll out.

c) (i) Consultation has taken place with various affected taxi associations and operators

(ii) It is mandatory for municipalities to consult all affected operators (minibus taxi and bus operators) when planning to implement the IPTNs.

d) In some corridors minibus taxi operators withdraw their operations and join the Vehicle Operating Company (VOC), whereas in certain cases minibus taxis remain in operation either as a feeder to the trunk of the public transport system or compete with the public transport system.

 

Reply:

This matter is currently before the National Prosecuting Authority and I am taking legal advice.

Reply:

Number of companies found to be not fully compliant with Social and Labour Plan

 (a) 76

 (b) 65

 

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

(a) The costs are unknown at this stage as the Department is yet to receive the accounts of the Departmental Advocates from the State Attorney.

(b) The costs are for the services rendered to the Department by the Advocates.

(c) The Court ordered the Department to pay the costs of Comair and the Court Order became suspended when the Department filed the leave to appeal through the State Attorney.

(d)(i) Another Court could come to a different conclusion as the High Court may have erred in concluding that the Air Services Licensing Council has taken a decision to suspend a license of an applicant (Comair), when there was an existing interim order directing the Air Service Licensing Council not to take a decision.

(d)(ii) The Air Service Licensing Council ought to be allowed the space to make a decision on the shareholding issue to ensure clarity and finality on the matter.

Reply:

South African Civil Authority (SACAA)

The airline industry in South Africa needs to comply with the Civil Aviation Regulations of South Africa. According to these regulations, each airline must be certified to operate by complying with the requirements for an Air Operator Certificate (AOC). On an annual basis each airline must renew its certificate by participating in a renewal audit. The SACAA also conducts surveillance audits to ensure that all operators (airlines) comply with the SACAA’s safety and security regulations. Airlines from foreign countries are also subjected to ramp inspections; these are surprise inspections, conducted at the airports and the purpose of these inspections are to ensure that foreign airlines comply with the regulations of South Africa to operate in this country. These requirements are known upfront by all operators from foreign States wishing to conduct civil aviation activities in South Africa.

(a) In terms of local airline operators, in the past three financial years, only South African Express failed to comply with the requirements emanating from the audit conducted into their operations which affected the renewal of their Air Operator Certificate (AOC).

In relation to Foreign Air Operators:

1. Air Zimbabwe;
2. Qatar Airways;
3. Turkish Airlines; and
4. Saudi Airlines; did not qualify with the regulatory requirements for a Foreign Operator Permit (FOP).

(b) The reasons given for the non-compliance in each case is as follows -

1. South African Express failed to comply with the requirements emanating from the audit conducted into their operations that related to the effective management of their safety management system;
2. Whilst the aforementioned airlines were not in possession of the required Foreign Operator Permits.

(c) South African Express was expected to address the non –compliances identified during the safety oversight inspection as per the timelines communicated by the SACAA to them and the four Foreign Operators were required to obtain the Foreign Operator Permits.

(d) Following the grounding of the airline, South African Express eventually addressed the non-compliances identified by the SACAA in terms of the regulations. Their approval was subsequently reinstated. The four Foreign Air Operators did manage to obtain their Foreign Operator’s Permits after complying fully with the SA Civil Aviation Regulations in this regard.

(e) None, all the airlines addressed their non–compliances.

(f) South Africa Express: Air Operator Certificate (OAC) was suspended and the above-mentioned foreign airlines were restricted from exercising the privileges of an approved Foreign Air Operator.

(g) The SACAA did not incur any additinal cost for these oversight activities as this forms part of our planned oversight activites. (Shoud we mot list thepenalties for the FOP non-complainces though just in case or is it too much information?)

NW3816E

Reply:

Civil Aviation Branch

(a) The Air Services Licensing Council (ASL) normally meets monthly to consider applications for licenses. In terms of section 8(1) of the Air Services Licensing Act (Act No. 115 of 1990) (hereinafter referred to as “the Áct”), it is the prerogative of the Council to hold meetings at such times and places as may from time to time be determined by the Chairperson of the Council. The Council is, therefore, not required to request approval for the scheduling of additional meetings.

(b) and (c) Meetings of the Air Services Licensing Council are planned and organized monthly over a period of twelve months. Council is mandated in terms of the Act to hold meetings at such times and places as may be determined by the Chairperson, aligned with budgeted funds. Various additional meetings were held during the past three financial years, details as follows: In the 2015/16 financial year, Council held 14 scheduled monthly- and 3 additional meetings (total of 5 additional meetings for the year); during the 2016/17 financial year, Council held 12 scheduled monthly- and 3 additional meetings and in 2017/18 (to date), Council held 7 scheduled meetings and 2 additional meetings.

(d) No legislative implications are inherent in this regard, since all meetings of the Council are conducted within the mandate of the Act.

BACKGROUND INFORMATION:

The Air Services Licensing Council is a statutory body established in terms of Section 3 of the Air Services Licensing Act (Act No. 115 of 1990). The Council is concerned with the licensing and control of the domestic air services. In addition, it is responsible for the promotion of high standards of safety and to ensure that the domestic air services are rendered within the legislative framework.

In terms of Section 7, “A member of the council shall receive, from moneys appropriated by Parliament for this purpose, such remuneration and allowances as may be determined by the Minister of Transport, with the concurrence of the Minister of Finance, in general or in any particular case.” Provision is made within the Branch Civil Aviation’s budget for the normal activities of the Council, which include monthly scheduled meetings as well as a nominal allocation for additional meetings to address licence applications as well as aviation industry-related meetings. Planning of additional meetings and other activities of the Council must, however, be done with due regard to the available budget as well as the cost cutting measures currently in place within the public service.

The Council conducts both scheduled and additional meetings as and when required. Various additional meetings were held during the past three financial years, details as follows:

• In the 2015/16 financial year: Council held 14 scheduled monthly- and 3 additional meetings (total of 5 additional meetings for the year);
• During the 2016/17 financial year, Council held 12 scheduled monthly- and 3 additional meetings; and
• In 2017/18 (to date), Council held 7 scheduled meetings and 2 additional meetings.

Reply:

The SARS systems do not differentiate the various transactions that are subject to VAT in a manner which will allow SARS to identify the VAT transactions for airline tickets separately. It should be noted further that International Airline tickets are charged VAT at 0% as they are exported services.

SARS is therefore unable to provide the data as requested.

Reply:

The President of the Republic is remunerated in terms of Section 2(1) of the Remuneration of Public Office Bearers Act of 1998 and there is no provision for a bonus. The matter of the bonus was thus raised on a lighter note rather than in the literal sense.

Reply:

a) The recording of blood test results from Police Forensic laboratories is a mandate of SAPS. Traffic Officers only serve as complainants on the matter and the docket is processed by SAPS detectives. All 2016/17 cases are still pending.

b) The data is kept on SAPS CAS system and Department of Justice Register.

Reply:

a) All overtime has been paid and

b) N/A

c) The policy allows staff members to take time off in lieu of overtime

Reply:

The appointment of Ministers is the prerogative of the President in terms of Section 91 of the Constitution of the Republic of South Africa, 1996. In exercising this power, I exercise discretion after careful consideration and the appointments are made public.

Reply:

a) The total number of supplier invoices that currently remain unpaid in my department are as follows

(aa) (bb) (cc) (dd)

30 days	60 days	90 days	120 days
1	2	N/A	N/A

b) The total amount outstanding in each case in my department is as follows

(aa) (bb) (cc) (dd)

30 days	60 days	90 days	120 days
R16 500.00	R36 449.50	R0.00	R0.00

 

Reply:

a) The total number of officials who have faced disciplinary action were 18.

b) Details of disciplinary action in each are as follows:

Incident Description	Official No 1
Procurement of services not done through SCM and approval of appointment of service provider not done by the delegated official

Incident Description	Official No 2
Procurement of services not done through SCM

Incident Description	Official No 3
Decision to appoint the service provider not done by a delegated official. Supplier/service provider appointed without having an original Tax Clearance Certificate and BBEE Cetificate

Incident Description	Official No 4
Procurement of services not done through SCM and no evidence of recommending and approval by the Accounting Officer
Payments made to the supplier in excess of the approved contract amount and no approval of extension of contract by the Accounting Officer

Incident Description	Official No 5
Performing artists appointed not registered on CSD

Incident Description	Official No 6
Procurement of service not done through SCM and approval not done by the delegated official

Incident Description	Official No 7
Procurement of services not done through SCM and approval of appointment of service provider not done by the delegated official

Incident Description	Official No 8
Supplier/service provider appointed without having an original Tax Clearance Certificate and BBEE Cetificate

Incident Description	Official No 9
Procurement of services not done through SCM and approval of appointment of service provider not done by the delegated official

Incident Description	Official No 10
Procurement of services not done through SCM and reasons provided to deviate are not justifiable

Incident Description	Official No 11
Procurement of services not done through SCM and approval of appointment of service provider not done by the delegated official (DG).

Incident Description	Official No 12
Procurement of services not done through SCM and approval of additional items not done by the delegated official

Incident Description	Official No 13
Method or procurement used is incosistent with those prescribed in terms of PN 8 of 2007/2008 paragraph 3.2

Incident Description	Official No 14
Decision to appoint the service provider not done by a delegated official

Incident Description	Official No 15
No tax clearance certificate was submitted by the supplier during the procurement of services

Incident Description	Official No 16
Procurement of services not done through SCM and approval of repairs not done by delegated official

Incident Description	Official No 17
Award of procurement was made without an original Tax Clearance Certificate and no completion of SBD documents

Incident Description	Official No 18
Appointment of consultants without following a competitive bidding process
Competitive bidding process were not followed in in the awards of bids
Procurement of services not done through SCM and reasons provided to deviate were not justifiable
Request for quotations did not stipulate the preference point system to be applied
Appointment of service providers without valid tax clearance certificate
Three quotations were not obtained and reasons provided were not justifiable
BBEE points allocated on invaliud certificate resulting in incorrect award
Expenditure not committed by a delegated official
Evaluation criteria applied differs from original request for quotation
Supplier with lowest quote not selected and no reasons provided and approved by the delegated official
Performing artist appointed not registered on CSD
Variation order in excess of 15% not approved by National Treasury
Required number of quotes not obtained and reasons provided were not justifiable
No evidence that the bid was received before the closing date and time
EME affidavit used to allocate BBEEE points instead of certificate, resulting in incorrect allocation of points and award

 

Reply:

a) The Road Traffic Management Corporation’s Road Traffic Information Systems (RTIS) Unit took over all functions related to the operation and managements of the NaTIS with effect from 05 April 2017.

b) The functions include, but are not limited to, the following:

1. Software Development
2. Business Engagement
3. Business Intelligence
4. NaTIS User Training
5. NaTIS Infrastructure Support
6. Project Office – deployment of new NaTIS sites, replacement of equipment, deployment of communication services
7. NaTIS Site Support – Hardware and network support
8. System Support – End-user Software Trouble shooting
9. Information System Security and Governance, Risk and Compliance
10. NKP Physical Security

c) The Corporation employed a compliment of technical staff with over 700 years accumulated NaTIS experience in 2015. This staff compliment has been augmented with existing support functions in Finance, Human Capital, Risk Management, etc to ensure that all functions are properly executed.

d)

(i) Costs to date

Road Traffic Information Systems costs incurred, YTD September2017
Economic classification				Amount
Compensation of Employees				R39 011 781.40
Goods & Services				R56 878 696.10
Capital Expenditure				R 1 528 044.60
Total spent on eNaTIS			R	97 418 522.10

(ii) No additional staff have been appointed in the RTIS Unit since the takeover. Corporation continues to review its staff requirements in terms of its strategic mandate.

(iii) Not applicable, see (d)(ii) above as no new staff have been appointed.

e) Not applicable, see (d)(ii) above.

Reply:

1. It is not clear which amendments the honourable member is referring to, so it is assumed that reference is being made to the list of qualifying disability expenses that SARS is currently in the process of updating. The changes in the list are not about raising additional revenue. The changes are being made to ensure that the list of expenses prescribed by SARS is as comprehensive as possible and that the expenses are in line with the paragraph (c) of the definition of “qualifying medical expense” in section 6B(1). This will ensure that the list does not create inequity as far as persons who do not have a physical impairment or disability are concerned. (e.g. If a person with a disability purchases a vehicle because a person is using a wheelchair, it will unfair to allow such an expense instead of only allowing modifications to the vehicle to allow the wheelchair easy access in and out of the vehicle). The prescribed expenses must, as far as possible, only include expenses without which a person with physical impairment or disability will not be able to perform activities of daily living. (e.g. If a person cannot walk, the wheelchair is an aid that assists that person to be able to move from point A to point B. Without this wheelchair, the person cannot do this activity of daily living on his or her own and will always require assistance from other people to do so.) The amendments are, therefore being made to ensure that the list is line with the requirements of the legislation; which are based on practice in other leading democracies, such as Canada. It is understood that SARS’ understanding of the requirements of the legislation has been unsuccessfully challenged by “at least” one taxpayer in the Tax Board. SARS will monitor the outcome of any appeal to inform its future decision making. The amendments will only come in on the effective date of the updated list going forward and are not made with retrospective effect.

2. Since the list is only being amended to ensure that it is as comprehensive as possible, while ensuring that the expenses listed are in full compliance with the legislation, SARS has not conducted any studies and/or investigations to determine what the financial and economic consequences of the changes to the list are to persons with disabilities and their dependants. National Treasury would determine the financial and economic consequences of substantial changes in legislative policy, such as the change from a deduction to a tax credit system for these expenses. 

Reply:

(1) (a) No, not all the Chief Executive Officers reporting to the Minister of Arts and Culture are employed on a permanent basis,

(b) Not all the Chief Financial Officers reporting to the Minister of Arts and Culture are employed on a permanent basis

(2) (a) and (b), (i) and (ii) are attached for ease of reference

Reply:

a) (i) Toll prices are revised once every year effective 1 March, or closest subsequent date, determined by the Minister’s approval of the tariffs and their publication in the gazette.

a) (ii) The average CPI during the previous 12 months (November to October) or, in the case of concessions (public private partnerships), the year on year CPI, as determined by the respective concession agreements.

b) Three price increases in the past three financial years, one per year, effective 7 March 2015, 1 March 2016 and 3 March 2017. GFIP e-tolls were not adjusted in 2015; they were adjusted in 2016 and 2017.

c) Details of the increases are as follows:

• The previous year’s unrounded tariffs were adjusted for Consumer Price Index:
  • The CPI for 2015: 6.0167%
  • The CPI for 2016: 4.6750%
  • The CPI for 2017: 6.0417%
• The adjusted tariffs were rounded off, to the closest 20 cents, 50 cents or Rand

Reply:

a) METRORAIL

PRASA owns the majority of rail infrastructure in the Metropolitan areas, with some rail corridors owned by Transnet on which Metrorail is currently the main operator. Arrangements are as per original allocation of assets in 1990 when PRASA was formed, while traffic over these corridors have changed since 1990 and where PRASA has become the majority user. Metrorail is dependent on Transnet for operational performance and maintenance on these corridors owned by Transnet, as follows:

KwaZulu Natal

• Umgeni – Effingham – Duff’s Road.
• Duff’s Road – Stanger.
• Train control system of entire KZN region controlled by Transnet.

Western Cape

• Cape Town – Kraaifontein/Wellington/Worcester.
• Cape Town – Monte Vista.

Gauteng

• Vereeniging – Houtheuwel.
• Greenview – Pienaarspoort.
• Oberholozer – Miday.
• Meyerton – Vereeniging.

Eastern Cape

• Entire Port Elizabeth network.
• Entire East London network.

In coastal regions such as KZN, Western Cape and Eastern Cape infrastructure ownership and train control are regarded strategic assets for Transnet in terms of access to harbours, and in other regions ownership interest for Transnet is driven by control of freight traffic through the PRASA used network.

The current infrastructure arrangements also include 167 stations owned by Transnet and used by PRASA at a nominal lease amount, plus bulk service charges payable to municipalities and recovered from PRASA.

MAIN LINE PASSENGER SERVICES (SHOSHOLOZA MEYL)

The MLPS business has been transferred to PRASA in 2008/09 whereas MLPS is totally reliant on Transnet for track access at market related costs. The MLPS business uses Transnet infrastructure for all long distance passenger rail services and PRASA is totally dependent on Transnet for its service performance and support.

The MLPS business uses 100 Transnet stations, of which some were to be transferred and others leased to PRASA. These arrangements were not concluded and PRASA pays Transnet pro rata usage for bulk services at these stations payable to municipalities.

Usage of shared infrastructure between Transnet and PRASA is governed by various agreements (Interface, Commercial and Safety agreements).

b) (i) and (ii)

Most of the current agreements between the parties have expired, while agreements have been extended until new agreements are negotiated. PRASA and Transnet have agreed to review and rationalise the agreements, including reviewing the original asset allocation between the parties based on the principle of the main user to retain ownership. The process has not been concluded and requires policy interventions on the appropriate model for asset allocation and access charge regimes for use of each other’s assets. PRASA presented that the current market related access charges proposed by Transnet is unaffordable to PRASA. The Department of Transport has commenced with a study on the determination of fair/appropriate access charges.

(c) (i) and (ii)

• Shared infrastructure Metrorail: 400km.
• Shared infrastructure MLPS: 6 000 – 8 000km
• PRASA owned rail infrastructure: 2 200km
• Transnet owned Freight Rail Infrastructure: 22 000 (including branch lines and heavy haul lines)

(d)

Interface arrangements are governed through access and commercial lease agreements.

A Mutual use agreement governs usage and charges for shared infrastructure between Metrorail and Transnet.

An Access and Haulage agreement governs usage and charges for MLPS, while MLPS is totally reliant on Transnet for network access.

Transnet has been moving to market related rates over the past 5 years. PRASA presents that the proposed rates are unaffordable to PRASA in terms of its subsidy allocations and PRASA has therefore negotiated zero percentage increases since 2011/12 until new agreements are concluded.

(e)

At fixed 2011/12 Rates	PRASA pays Transnet per annum R’m	PRASA receives from Transnet per annum R’m
Metrorail train control	90	21
Metrorail operational support	120
Property expenses	50	10
MLPS haulage	200
Shared Infrastructure	36	60
TOTAL	496	91

Notes:

1. Transnet’s new price proposals for market related rates include increases of up to 150% on above rates paid by PRASA over the past 5 years.
2. Due to the lack of funding for the MLPS business over the past 5 years, a considerable debt has been accrued by PRASA and owed to Transnet on the above access/service charges valued at R600m.

Reply:

The South African Reserve Bank referred its report into the collapse of African Bank to the National Director of Public Prosecutions (NDPP) on 17 May 2016. The NDPP requested the Head of the Specialised Commercial Crime Unit (SCCU) to attend to the matter as it fell within the mandate of the SCCU.

In March 2017, in response to Parliamentary Question No. 200, the National Prosecuting Authority (NPA) advised that the report was in its final stages of preparation. The prosecutor allocated the matter finalised a comprehensive report wherein he sets out that criminal investigations related to fraud, the Banks Act 94 of 1990 and Companies Act 71 of 2008 were warranted. He therefore recommended that the matter be referred to the South African Police Service for investigation and that a prosecutor be allocated to guide the investigations in the matter. Currently, the matter is under investigation by the Serious Economic Offences Unit of the Directorate for Priority Crime Investigation (DPCI).

 

Reply:

The tables below provide information of the appointed Chief Executive Officers (CEO) and Chief Financial Officers (CFO) of entities reporting to me:

Name of Entity	Type of employment
	CEO Permanent	CEO Fixed Term	CFO Permanent	CFO Fixed Term
1. Legal Aid South Africa	No	Yes	Yes	No
2. Special Investigating Unit (SIU)	Yes	No	No	Yes
3. South African Board for Sheriffs	No	Yes	No	Yes
4. Council for Debt Collectors	Yes	Yes	Yes	Yes
5. South African Law Reform Commission	The South African Law Reform Commission does not have its own CEO and CFO as the Commission is part of the Department of Justice and Constitutional Development (DoJ&CD).
6. Legal Practice Council	(a) The Executive Officer of the National Forum (NF) is Ms Charity Mhlungu, appointed on 1 December 2015 and will be in this position until the dissolution of NF. She is seconded from the DoJ&CD, and was a full time employee of the DoJ&CD Finance Department. (b) The NF’s budget is held by the DoJ&CD; therefore the financial reporting is done by the CFO of the Department.
7. Rules Board for Courts of Law	The Rules Board does not have its own CEO and CFO as it is part of the Department of Justice and Constitutional Development.
8. National Prosecuting Authority (NPA)	The NPA does not have CEO and CFO positions in its organisational structure

Name of Officers employed on Fixed Term	Period of employment of the CEO	Period of employment of the CFO
CEO	CFO	Start Date	Completion Date	Start Date	Completion Date
CEO of Legal Aid South Africa: Ms V Vedalankar	Not Applicable	28/10/2002 (The contract was renewed periodically based on performance)	31/10/2019	Not Applicable
CEO of SIU: Not Applicable	CFO: Mr A Gernandt	Not Applicable	17/10/2016	31/03/2018
CEO of SA Board for Sheriffs: Ms S Snell	CFO: Mr A Simon	01/08/2015	31/07/2018	01/01/2012	31/12/2017

Reply:

1. The information required to respond to the question posed by the Honourable Member is detailed and is archived by the National Treasury. I have requested the National Treasury to release such information, the process takes long. However, as soon as the information is availed by the National Treasury I will forward it to the Member.

Reply:

The table below explains how the National Film and Video Foundation awarded bursaries to students :-

	2014/15	2015/16	2016/17	2017/18
	MALE	FEMALE	MALE	FEMALE	MALE	FEMALE	MALE	FEMALE
	45 Black	33 Black	29 Black	22 Black	58 Black	62 Black	2 Black	2 Black
	12 Coloured	5 Coloured	6 Coloured	5 Coloured	17 Coloured	6 Coloured
	4 Indian	2 Indian	1 Indian	2 Indian	3 Indian	4 Indian
	10 White	5 White	6 White	2 White	10 White	5 White
					1 Chinese
	71	45	42	31	89	77	2	2
TOTAL	116	73	166	4

Reply:

(a) The Interim Board of PRASA was appointed with effect from 19 October 2017.

(b) Not applicable.

(c) Not applicable.

(d) All the financials will be signed off by the PRASA Board of Control.

Reply:

1. No officials were granted permission to have business and or do business dealings with government in the past three financial years; however, ten (10) officials were granted approval by the Executive Authority to conduct Remunerative Work outside the Public Service over the past three years.

2014/15	2015/16	2016/17
0	4	6

 

2. No officials were granted permission to do business with the State, however, permission was granted to officials to participate in marking, training, teaching and lecturing at public institutions. The approval was granted in line with the exclusion as set out in Annexure A, of the Directive on Conducting Business with an Organ of State issued in January 2017.

a) Purpose	b) When did the Business Occur	c) Value of each Business transaction
E-Tutoring	Currently on-going	Not disclosed
Training	Currently on-going	Not disclosed
Board Member	Currently on-going	Not disclosed
Marking of Assignment & Examination	Currently on-going	Not disclosed
Moderation of Exams	Currently on-going	Not disclosed

Reply:

The Presidency does not incur costs for the President’s international trips.

When the President undertakes official international trips, host countries often extend courtesies for the President’s travelling expenses. In the absence of these courtesies, the Department of International Relations and Cooperation is responsible for the cost of the logistical arrangements with the Department of Defence being responsible for air travel.

Reply:

The remuneration of the advisors is regulated in terms of the Dispensation for the Appointment and Remuneration of Persons (Special Advisers) appointed to Executive Authorities on Ground of Policy Considerations issued by the Minster of the Public Service and Administration. The Dispensation is attached for the benefit of the Honourable Member.

Reply:

South African Civil Aviation Authority (SACAA)

((a) Foreign Operator’s Permits (FOP) are only issued to foreign air operators by the State they wish to operate. In this case SAA needs to comply with other State’s requirements in terms of FOPs. South African air operators needs to be in possession of an Air Operator’s Certificate (AOC) in terms of the Civil Aviation Regulations, and therefore SACAA does not have a jurisdiction on the FOP issued by Foreign States. The air operator namely, SAA, will therefore be in an ideal position to respond to this question.

(b) Based on the previous response this question will be best responded to by the operator or National Treasury.

(c) The SACAA conducts scheduled and random safety oversight audits and/or inspections on foreign air operators that operate in South Africa. This audit extends to all foreign aircraft flying into and out of South Africa. It is during these inspections that we verify whether the foreign aircraft are in possession of the required permit or generally qualify with all other safety and security regulations in terms of the Civil Aviation Regulations of South Africa.

In addition, the SACAA on 2 August 2017 hosted a Round Table with all Foreign Operators to educate them on all the requirements for an FOP and how to comply with the South African regulations in this regard. NW3819E

Reply:

This is a provincial competency that would require the question to be reffered, for response, to the Eastern Cape Department of Economic Development, Environmental Affairs and Tourism as the Management Authority in charge of the Eastern Cape Parks and Tourism Agency.

---oOo---

Reply:

a) Officers who were issued with non-credit bearing certificates did not fully meet the entry requirements for the Examiners of Vehicle course.

An Executive decision was taken to expose these officers to non-credit bearing up-skilling learning areas to address other critical skills which necessary to ward off the escalating carnage on the country’s roads.

b) The affected official were put on progamme by the Corporation to obtain the required driving licenses, and are scheduled to be enrolled for the credit bearing course in Examiner of Vehicle which is due to start on the 13 November 2017.

c) All officers who were enrolled for the accredited course possessed the relevant driving licenses in line with the applicable legislation

Reply:

National Treasury conducted preliminary analysis on the costs and economic impact of a nuclear build on the fiscus and the economy in 2015. This was based on the 2013 pre-feasibility study undertaken by the Department of Energy to procure and build 9.6GW of nuclear generated energy, as per the 2010 Integrated Resource Plan.

With limited information available in the pre-feasibility study, the analysis show that a 9.6GW nuclear programme would have significant implications for national income, South Africa’s total debt burden, international financial position, the balance of payments, for taxpayers and electricity consumers who will bear the full costs of the programme.

The deteriorating fiscal position and increasing fiscal risks, as outlined in the Medium Term Budget Policy Statement makes it harder to finance and/or guarantee a programme of this nature. An accurate assessment of the affordability of the nuclear new build programme needs to be based on a full socio economic cost benefit analysis, which shows the price path, affordability to households, implications for inflation and national income.

Reply:

a) On the 19th July 2017 I met with the Minister of Police and the Acting National Commissioner and his team to discuss the state of affairs between the metered taxis and /app-based operators and to propose a more focussed enforcement strategy.

In addition, I met with the MEC for Gauteng Department of Roads and Transport and the MMC’s of the relevant metropolitan municipalities on the 24th July 2017.

Furthermore, I met with the Gauteng Metered Taxi Council, the Concerned Metered Taxi Operators and the app-based operators on the 27th July 2017 in Midrand.

I also arranged a walk-about programme on 11th September 2017 in Sandton to sensitize operators that they must abide by the prescripts of the law which requires them to have a valid operating licence and that there will be no compromise on law enforcement.

b) During the above engagements, the Gauteng Province indicated they have received 6001 applications for e-hailing services as at 15 September 2017. Only 2077 applications were approved and only 1 was rejected. The Gauteng province further indicated that 3923 applications are still pending before the Gauteng Provincial Regulatory Entity (GPRE).

Regarding the metered taxi service, the GPRE received 3326 applications and 1368 of those applications were approved. GPRE also rejected 1958 applications.

During the October month the Province embarked on an outreach program where a total of 1078 applications were received and 162 licences were issued after this program. However, the information changes all the time as the Province is busy processing the licences to assist those who want to comply.

c) The National Land Transport Act, 05 of 2009 creates an offence to anyone who provides a public transport service without the necessary operating licence. If found to be providing public transport services without the licence, the relevant vehicle must be impounded and a determined fine must be paid before the vehicle is released by law enforcement. The fine varies from Province to Province since this power rests with the MECs and it goes up on a second and third offence.

Reply:

a) The bridge has not been repaired yet.

b) A detailed inspection was done in 29 July 2016 by consulting firm Arcus Gibb according to requirements of the Committee of Transport Officials (COTO) of South Africa.

c) The inspection report reported "minor" defects with minimum "relevancy". No repairs were necessary.

d) The 29 July 2016 inspection report was done by consulting firm Arcus Gibb.

e) (i) The report was completed on 31 August 2017.

(ii) The report reflected that an 18.1 ton coil of steel came off a truck and impacted the pier above the protective barrier. The pier complied with the then TPA impact requirements when the bridge was constructed in 1978. The report also highlighted that the large impact was considered an extremely rare occurrence. The report did not deal with why the steel coil came off the truck. The report concluded that the collapse of the bridge was as a result of this impact and not any maintenance issues. All reinforcing and pre-stressing steel was not corroded and lack of maintenance did not lead to the collapse.

(iii) The bridge collapse report was compiled by the consulting firm Superstructures Consulting Engineers.

f) Although the highway is monitored with 24-hour CCTV, these systems cannot detect and warn against a bridge collapse caused by vehicle accident as experienced with this incident.

Reply:

The report is under consideration and will be released immediately after it has been finalised. The Inter-Ministerial Committee on Higher Education Funding and the Presidential Fiscal Committee are assisting the President to process the report.

Reply:

1. Transport Entities CEO’s are appointed on a five (5) years fixed term contract. Some of the entities CFOs are appointed on a permanent basis and others on a five (5) years fixed term contract.

2. Department of Transport entities CEO’s and CFO’s employment status

	Name of Entity	Name of CEO	Contract Expiry Date	Name of CFO	Contract Expiry Date
1	SANRAL	Mr Skhumbuzo Macozoma	30 November 2021	Ms Inge Mulder	Permanent
2	PRASA	Mr Lindikaya Zide	Acting	Ms Yvonne Page	Acting
3.	ATNS	Mr Thabani Mthiyane	30 June 2018	Mr Mtome Moholola	Acting
4.	SAMSA	Mr Sobantu Tilayi	Acting	Mr Phumlani Myeni	Permanent
5.	SACAA	Ms Poppy Khoza	30 Novemeber 2018	Mr Asruf Seedat	30 November 2021
6	ACSA	Mr Bongani Maseko	30 May 2018	Mr Dirk Kunz (Acting)	Acting
7	Ports Regulator	Mr Mahesh Fakir	30 April 2019	Mr Thokozani Mhlongo	31 October 2020
8	C-BRTA	Mr Sipho Khumalo	30 June 2021	Mr Nchaupe Maepa	Acting
9	Road Accident Fund	Ms Lindelwa Jabavu	Acting	Mr Rodney Gounden	31 August 2022
10	RSR	Mr Nkululeko Poya	31 October 2021	Mr Regardt Gouws	Permanent
11	RTMC	Adv Makhosini Msibi	31 December 2018	Ms Liana Moolman	Permanent
12	RTIA	Mr Japh Chuwe	30 September 2021	Ms Palesa Moalusi	Contract 31 July 2018

Reply:

1. (a) (i) 21 bridges have been built over the past 3 years by SANRAL.

(ii) Please see attached Table for relevant details on location.

(b) Please see attached Table for relevant details of the project under which bridge was built. Bridges are normally constructed as part of a road construction project, a price is tendered for the complete project and not each bridge individually.

(c) Please see attached Table for relevant details.

2. (a) Please see attached Table for relevant details on the project start and end dates. Please note that the start dates refer to date when consultant was first appointed.

(b) Please see attached Table for relevant details on year built of each bridge.

3) (a) The public participation process for each project is guided by the relevant requirements of the National Environmental Management Act and related Regulations.

(b) The impact of consultations on each project is varied and can range from no impact to complete realignment of a route been required, and these recommendations are captured in the Record of Decision issued by Department of Environmental Affairs for each project.

 

Reply:

1. The Department did not procure any use of a chartered private jet for the Minister or Deputy Minister.

Reply:

(a) The tariffs of the NPA are calculated on the basis of a comprehensive Tariff Methodology based on the widely used internationally best practice Required Revenue approach. The current tariff decision is based on the third tariff methodology published by the Regulator having been aproved and published in March 2017 after a number of rounds of public consultation. See annexure A: Port Tariff Methodology For Tariff Years 2018/19 – 2020/21

The tariff strategy published in July 2015 sets out a transparent and rational approach to an efficient and cost reflective pricing structure. Long term tariff targets are published on an annual basis to increase transparency and stability in the sector and significant progress have been made in the rebalancing of port tariffs on a sustainable basis. The tariff strategy is fairly unique as very few port pricing systems are publicly regulated but does reflect an advanced approach to port infrastructure pricing. Please see Annexure B: Tariff Strategy for the South African Ports System 2015/16.