Questions and Replies

Reply:

(a) Polokwane Police Station.

(a)(i) The Fixed Establishment (FE) for the Polokwane Detective Service, is as follows:

Rank	Posts
Police Service Act
Colonel	1
Lieutenant Colonel	4
Captain	5
Warrant Officer	12
Sergeant	17
Constable	25
Total:	64
Public Service Act
Data Typist	5
Admin Clerk	2
Secretary	1
Total:	8

(a)(ii) A total of 48 South African Police Service (SAPS) Act posts are filled and eight Public Service Act (PSA) posts are filled.

(a)(iii) A total of 16 SAPS Act posts are vacant and no PSA posts are vacant.

(a)(iv) No officers have been transferred from the station to the Cluster Office, since the beginning of the 2017/2018 financial year, to date.

(a)(v) Not applicable.

(b) Seshego Police Station.

(b)(i) The FE for the Seshego Detective Service, is as follows:

Rank	Posts
Police Service Act
Colonel	1
Lieutenant Colonel	4
Captain	5
Warrant Officer	6
Sergeant	7
Constable	9
Total:	32
Public Service Act
Data Typist	0
Admin Clerk	0
Secretary	0
Total:	0

(b)(ii) A total of 30 SAPS Act posts are filled.

(b)(iii) Two SAPS Act posts are vacant.

(b)(iv) Four SAPS members have been transferred from the Police Station to the Cluster Office, since the beginning of the 2017/2018 financial year, to date.

(b)(v) The FE of the Police Station is not affected when officers are transferred from the Police Station and therefore does not need to be amended.

Reply:

1. Yes, the detective division at the Rabie Ridge Police Station in Gauteng, received one vehicle.

(2)(a) The total number of vehicles that the detective division has is 16 vehicles.

(2)(b) The total number of working vehicles is 14.

(2)(c) The first vehicle, on 2017-08-03 and the second vehicle on 2017-08-11.

(3)(a) There are currently 30 detectives at the Rabie Ridge Police Station.

(3)(b)(i) 17 members attended the detective course.

(3)(b)(ii) 17 members passed the detective course.

(3)(c) Each detective is currently investigating a total number of 215 dockets.

(4) The station currently has an ideal number of 16 vehicles for 30 detectives, which complies with the national ratio of two detectives, per vehicle.

Reply:

a) Old Transkei, Bophuthatswana, Venda and Ciskei (TBVC) States and Self-Governing Territories (Homelands) prior to 1995.

	Transkei 1994
	Population:	3.39 million (8.2%)
	Land Surface:	43 654 Sq Km (3.6%)
	Sworn Police Officers:	4 993 (9.7% female)
	Civilian Personnel in Police:	96
	Other Personnel:	288
	Total Police Personnel:	5 377
	Police Population Ratio:	681
	Police Stations:	61
	Bophuthatswana 1994
	Population:	2.19 million (5.3%)
	Land Surface: (3,3%)	40 011 Sq Km
	Sworn Police Officers:	6 002 (14.8 % female)
	Civilian Personnel in Police:	577
	Other Personnel:	353
	Total Police Personnel:	6 932
	Police Population Ratio:	365
	Police Stations:	56

	Venda 1994
	Population: (1,5%)	0,61 million
	Land Surface: (0,6%)	6 807 Sq Km
	Sworn Police Officers:	1803 (2,7 % female)
	Civilian Personnel in Police:	164
	Other Personnel:	46
	Total Police Personnel:	2 013
	Police Population Ratio:	341
	Police Stations:	10
	Ciskei 1994
	Population: (2,1%)	0,87 million
	Land Surface: (0,7%)	8 100 Sq Km
	Sworn Police Officers:	1 599 (14,9 % female)
	Civilian Personnel in Police:	207
	Other Personnel:	0
	Total Police Personnel:	1 806
	Police Population Ratio:	550
	Police Stations:	30
	Gazankulu 1994
	Population: (2,0%)	0,82 million
	Land Surface: (0,6%)	7 484 Sq Km
	Sworn Police Officers:	803 (9,2 % female)
	Civilian Personnel in Police:	140
	Other Personnel:	69
	Total Police Personnel:	1 012
	Police Population Ratio:	1 025
	Police Stations:	9
	Kangwane 1994
	Population: (1,8%)	0,76 million
	Land Surface: (0,3%)	3 917 Sq Km
	Sworn Police Officers:	747 (15,3 % female)
	Civilian Personnel in Police:	46
	Other Personnel:	0
	Total Police Personnel:	793
	Police Population Ratio:	1 022
	Police Stations:	9

	Kwandebele 1994
	Population: (1,6%)	0,64 million
	Land Surface: (0,2%)	2 208 Sq Km
	Sworn Police Officers:	1 034 (16,6 % female)
	Civilian Personnel in Police:	171
	Other Personnel:	0
	Total Police Personnel:	1 205
	Police Population Ratio:	625
	Police Stations:	24
	Lebowa 1994
	Population: (7,4%)	3,1 million
	Land Surface: (1,8%)	21 833 Sq Km
	Sworn Police Officers:	2 805 (6,2 % female)
	Civilian Personnel in Police:	358
	Other Personnel:	194
	Total Police Personnel:	3 357
	Police Population Ratio:	1 093
	Police Stations:	26
	Qwaqwa 1994
	Population: (0,9%)	0,36 million
	Land Surface: (0,1%)	1 040 Sq Km
	Sworn Police Officers:	789 (9,3 % female)
	Civilian Personnel in Police:	156
	Other Personnel:	87
	Total Police Personnel:	1 032
	Police Population Ratio:	457
	Police Stations:	5
	Old South Africa 1994
	Population: (56%)	23,34 million
	Land Surface: (86%)	1 052 073 Sq Km
	Sworn Police Officers:	94 267 (10,6 % female)
	Civilian Personnel in Police:	17 790
	Other Personnel:	0
	Total Police Personnel:	112 057
	Police Population Ratio:	248
	Police Stations:	885

Situation after Amalgamation : New South African Police Service : 1995
	New South Africa 1995
	Population: (100%)	41,7 million
	Land Surface: (100%)	1 219 090 Sq Km
	Sworn Police Officers:	120 083 (10,5 % female)
	Civilian Personnel in Police:	20 236
	Other Personnel:	1 070
	Total Police Personnel:	141 389
	Police Population Ratio:	347
	Police Stations:	1 123

(b)and(c) Information regarding the given questions, is not retrievable and no record could be found. It must be noted, that when all the police agencies amalgamated, they were all using different systems, therefore, the recorded they used during the amalgamation process, relating to the staffing establishment, is not available on PERSAL. The annual reports were prepared separately and such information could not be found. The earliest annual report made, was in 1994 and such information was not reported at the time.

Reply:

Yes, action has been taken.

a) The matter is being dealt with internally. The Acting National Head: Directorate for Priority Crime Investigation (DPCI), has also been requested to conduct an investigation.

b) There are no further, relevant details.

Reply:

(1)(a) No,

(1)(b) No

(2)(a) Not applicable.

(2)(b) Not applicable.

(3) Not applicable.

(4)(a) Not applicable.

(4)(b) Not applicable.

Reply:

(1) The internal disciplinary process has not been completed.

Advocate Tip, Senior Council (SC), who was appointed as the Chairperson of the disciplinary inquiry at the time, informed the South African Police Service (SAPS), in December 2012, that he could no longer fulfil the role, due to his involvement in the Marikana Commission of Inquiry.

The former National Commissioner, General Phiyega, was requested to appoint a new Chairperson, early in January 2013, but no such appointment was effected up until her suspension from office, in October 2016.

After his appointment as the Acting National Commissioner, Lieutenant General Phahlane reactivated the process.

(2)(a) The process was initiated on 2 July 2012.

(2)(b) Advocate Tip, SC was initially appointed as the Chairperson, but due to his involvement in the Marikana Commission of Inquiry, his appointment as chairperson was terminated in December 2012. He was replaced with Advocate T Motau, SC in April 2016.

Advocate Myburgh, SC was appointed as the Employer Representative, but was later replaced with Advocate Mokhari, SC in April 2016. Advocate Mokhari’s brief was terminated and Advocate Maenetje, SC was appointed in October 2016.

(3) The employee’s first appearance in the disciplinary inquiry was on, 25 July 2017. At the first appearance the following arrangements were agreed upon:

14 August: employee must deliver request for further particulars

28 August: employer to answer

11 September: point in limine to be raised by employee

25 September: employer to answer

30 September: heads of argument to be exchanged

7 October: points in limine to be argued

1, 2, 3 November: matter to proceed on trial

(4)(a) The employee opted to structure his all-inclusive flexible remuneration package, to make provision for a 13th cheque and as such, no service bonus was “awarded”.

(4)(b) Not applicable, due to paragraph (4)(a), above.

Reply:

1. The official was appointed in the position of the Western Cape’s Crime Intelligence Head, in terms of, inter alia, Regulation 45(9) of the South African Police Service’s Employment Regulation, 2008. Appointments to the level of Senior Management Service (SMS), such as the appointment of the official under discussion, were also at the time regulated by the National Instruction 4 of 2010 (Appointments to posts on salary levels 13 to 15), which made provision for the appointment of a person, on condition that such person submits an application for the issuing of a security clearance, of at least up to the level of secret.

2. The official has been issued with a security clearance at the level of Top Secret, with effect from 1 December 2016.

Reply:

1. In reference to the stated incident, two suspects were apprehended by members of the public, immediately after the incident occurred, whilst the other two suspects were apprehended by members of the Sinoville Police Station. The fifth suspect, subsequently handed himself over to the Sinoville Police Station. All five suspects were profiled and three were found to have no prior, or pending cases against them. A charge of assault, with the intention to cause grevious bodily harm (GBH), was opened and registered at the Sinoville Police Station, Sinoville CAS 41/08/2017.

The suspect, Mr Marakalla, who was a member of the South African National Defence Force (SANDF), reported that he was the victim of an attempted hijacking during which he used his firearm to shoot at the alleged hijackers. A charge of attempted murder was opened and registered at Sinoville Police Station, Sinoville CAS 175/08/2017. Mr Marakalla was profiled and found to have no prior, or pending cases against him. The case docket was fully investigated and handed over to the Senior Public Prosecutor (SPP) to issue a J175 (apprehension of suspect). Mr Marakalla has been charged and the court date has been set for 5 October 2017.

It needs to be mentioned that each criminal case is assessed on its own merits in terms of prevailing circumstances. This implies that two separate cases cannot be compared to each other.

2. Prior to a person being arrested, it is essential that a proper investigation should be conducted in order for the case to be referred to the SPP and placed on the court roll. Deputy Minister Mduduzi Manana was arrested on Thursday, 10 August 2017 and appeared at the Randburg Court on the same day.

3. The South African Police Service cannot respond on behalf of the aforementioned Minister.

Reply:

(a)(i)(aa)(bb)(cc)(ii)(b)(i)(ii)(iii)(iv)(v) The information is not readily available, as each case must be perused and verified. A request is hereby made for an extension, in order for the correct information to be provided.

Reply:

(a) In terms of the Private Security Industry Regulation Act, 2001 there is no statutory obligation by the private security industry to report any injuries or fatalities of security officers to PSiRA. However, all security businesses must be lawfully registered with the office of the Compensation Commissioner and report any workplace accidents to the Compensation Commissioner in terms of the Compensation for Occupational Injuries and Diseases Amendment Act, 1997 (Act No. 61 of 1997) and the circumstances relating to the injury, illness or death of an employee.

In view of the fact that security businesses are not required to report the above information to PSiRA, the security regulator liaises with the office of the Compensation Commissioner to obtain said information. The Compensation Commissioner’s gave the following information of workplace accidents within the private security industry from 1 April 2016 to 28 February 2017:

1.1 Injuries on duty - 5 705; and

1.2 Fatalities on duty - 14

In addition to the above, the PSiRA also liaises with the Private Security Sector Provident Fund (PSSPF), established in terms of Sectoral Determination 6 by the Minister of Labour. The PSSPF provides for, inter alia, retirement benefits, death benefits and permanent disability cover for security service providers in the guarding sector. Whilst the PSSPF is not in a position to differentiate between death and disability in or outside of the workplace, the following statistics in respect of claims received from 1 April 2016 to 31 March 2017 were provided in respect of security officers:

1.1 Death claims - 1 213

1.2 Disability claims - 270

In view of the challenges in obtaining statistical information in respect of the foregoing and PSiRA’s reliance on the office of the Compensation Commissioner to provide said information, the Authority is in the process to sign a Memorandum of Understanding with the Department of Labour. This agreement will include the sharing of information on injuries and fatalities of security officers on duty.

(b) Compensation for injuries on duty is provided for in terms of the Compensation for Occupational Injuries and Diseases Amendment Act, 1997 (Act No. 61 of 1997) and depends on the nature of the injury. The Private Security Sector Provident Fund established in terms of Sectoral Determination 6 by the Minister of Labour, also provides for death benefits and permanent disability cover for security service providers in the guarding sector. The benefits includes, inter alia, life cover for a member and spouse up to R30 000-00 as well as life cover for the member’s children.

Reply:

(1)(a) and (b) The response to these questions are similar than the reply under question 2278 above.

(2) Minimum conditions of employment for the private security industry are determined by the Minister of Labour. Other than what is provided for in terms of the Compensation for Occupational Injuries and Diseases Amendment Act, 1997 (Act No. 61 of 1997), there is currently no other provision for medical cover or aid for security guards in terms of labour legislation or the Private Security Industry Regulation Act, 2001.

Reply:

(a) The information that has been requested cannot be provided, as it is sensitive in nature and its disclosure may compromise safety and security.

(b) The information that has been requested cannot be provided, as it is sensitive in nature and its disclosure may compromise safety and security.

Reply:

(1)(a) Four members per shift, for five sectors.

(1)(b) Two vehicles per shift, for five sectors.

(2)(a) Two members per shift, per sector.

(2)(b) One vehicle per sector, for five sectors.

(3)(a)(i) Short-fall officers – six

(3)(a)(ii) Vehicles – three

(3)(b) Members will be allocated upon receipt of the 2017/18 new recruits. The station has currently four vehicles in the garage, no new allocations will be made for this financial year.

Reply:

PSiRA is involved in a number of operations with different stakeholders, including the SAPS. These operations are initiated by PSiRA or at times, the SAPS. The focus of these operations is on compliance in terms of the PSIR Act which includes the deployment of registered and trained security officers, illegal immigrants and compliance with the Firearms Control Act. During the 2016/2017 financial year, 26 PSiRA/SAPS operations were held that resulted in the arrest of 390 security officers. Of these 390 security officers, 387 were arrested for not being legally registered with PSiRA.

In addition to PSiRA inspections and investigations conducted, certain areas of non-compliance by the private security industry also warrant criminal prosecution and this forms part of the PSiRA’s enforcement strategy.

Investigations are conducted to detect unregistered security service providers as well as other criminal contraventions of the Act for the purposes of opening criminal cases against them with the South African Police Service.

During the 2016/2017 financial year, a total of 855 criminal cases were opened by inspectors of the Authority compared to 686 cases during the 2015/2016 financial year.

As at 31 March 2017, a total of 2 243 criminal cases were pending with the South African Police Services countrywide against security service providers where PSiRA opened the cases for contraventions of the PSiR Act and regulations.

Reply:

1. No member of the South African Police Service (SAPS) had made the decision, not to arrest the First Lady of Zimbabwe, Grace Mugabe, on 15 August 2017, after a case of alleged assault was opened against her, by Gabriella Engels.

(2) None of the reasons provided had influenced any SAPS member not to arrest the First Lady, Grace Mugabe, since no SAPS member made the decision to not arrest the First Lady.

(2)(a) Possession of foreign travel documents – The First Lady was not arrested due to her whereabouts not being unknown, at that stage.

(2)(b) Easy access to private air travel - Upon the investigation at OR Tambo International Airport, it transpired that she arrived on 13 August 2017, via South African Airways (SAA), flight number SAA029, with Passport Number AD005540, which indicated the profession of the incumbent as the First Lady and therefore, could not have used private air travel, in this regard.

(2)(c) Family ties to Zimbabwe – Enquiries of the whereabouts of the First Lady, were made at the Zimbabwean Embassy in Pretoria, but the investigating officer was denied access.

(2)(d) Citizenship ties Application for immunity by the First Lady, Grace Mugabe - On 17 August 2017, the investigating officer received a verbal note from the office of the Minister of International Relations and Cooperation, stating that the First Lady had applied for immunity and that their office was processing the application. On the 19 August 2017, the investigating officer received a Minister Minute, from the office of the Minister of International Relations and Cooperation that granted the First Lady immunity and privilege, in accordance with Section 7 (2) of the Diplomatic Immunities and Privileges Act 2001 (Act No 37 of 2001). The docket will be sent to the Directorate of Public Prosecutions (Gauteng), for a decision.

Reply:

(a)(i)(aa) The total Fixed Establishment (FE) for Durban North Police Station, in 2015/2016, was 152.

(a)(i)(bb) The total FE for Durban North Police Station, in 2016/2017, was 150.

(a)(ii) The total FE for Durban North Police Station, since 1 April 2017 to date, is 150 (The FE for 2017/2018 is not yet approved).

(b)(i) The number of vacant posts at the start of each financial year, is as follows:

• In the 2015/2016 financial year, the number of vacant posts for Durban North Police Station, was nine.
• In 2016/2017 financial year, the number of vacant posts for Durban North Police Station, was 10.
• Since 1 April 2017 to date, the number of vacant posts for Durban North Police Station, is 10.

(b)(ii) All vacant funded posts are prioritised by the relevant provinces, to be filled within the conventional six months period, via human resource processes.

Reply:

(1) Bedfordview CAS 152/04/2017 was closed as it was a duplicate of Bedfordview CAS 205/04/2017.

(1)(a) Bedfordview CAS 205/04/2017 is currently still being investigated.

(1)(b) A charge of culpable homicide was registered.

(2) No suspect has been arrested.

(3)(a) A warning statement was obtained from the driver of the vehicle.

1. The warning statement was obtained on 29 May 2017.
2. The case docket will be submitted to the Senior Public Prosecutor for a decision, once all the relevant statements have been obtained.

(3)(b) Six witnesses have been interviewed.

 (i) The witnesses’ statements were obtained on 20 April 2017, 29 May 2017 and 30 May 2017.

 (ii) The case docket will be submitted to the Senior Public Prosecutor (SPP), for a decision once the investigation has been completed.

(4) The case docket will be submitted to the SPP, for a decision on prosecution, once the investigation has been completed.

Reply:

(a) According to PSiRA’s records as at end August 2017, there are just under 500 000 registered active employee security officers deployed by over 9 000 registered and active security businesses. These security businesses and employee security officers represent all the different categories or classes of security service providers as defined in the Private Security Industry Regulation Act, with the majority, falling within what is generally described as the guarding sector.

The geographic breakdown of the private security industry was at August 2017 as follows:

Registered and active security businesses per province:

• Gauteng - 3 789
• Eastern Cape - 707
• Western Cape - 1 019
• Limpopo - 827
• N/West Prov. - 367
• Free State - 217
• N/Cape - 141
• KZN - 1 444
• Mpumalanga - 533

Total - 9 044

Registered and active security officers per province:

• Gauteng - 194 358
• Eastern Cape - 42 996
• Western Cape - 54 900
• Limpopo - 37 438
• N/West Prov. - 26 756
• Free State - 16 233
• N/Cape - 4 706
• KZN - 87 335
• Mpumalanga - 34 774

Total - 499 496

(b)(i) All security businesses are required to report to PSiRA, in terms of the Private Security Industry Regulation, 2002 the details of any security officer employed or deployed within 10 days. PSiRA therefore keeps records of all security officers employed and reported by the 9 044 registered and active security businesses. Details of each business as well as the details of the security officers in its employ can be provided.

(b)(ii) The positions each of the security officers hold within the security business are not known to PSiRA and it is also not a requirement for businesses to report information of this nature to PSiRA. The regulator does however record the details of the owners/partners/members/directors, etc. of security business on an electronic database or register of security service providers

Reply:

Once I have received the finalised CSIR report, I will determine whether to publish or not, as such documents usually contain company sensitive information where publication of the full report may not be permissible.

Reply:

I have been informed by the Department as follows:

1. Yes, please see attached Annex A.

(2) Yes, the Minister was accompanied by guests to Kigali, Rwanda from 10 – 12 May 2017 as well as Estonia 28 -30 May 2017 as well as Hangzhou, China from 26 – 29 July 2017.

(a) Names provided in Annex A.

(b) No relations to the delegation.

(c) Details provided in Annex A

(d) No cost to the Department.

(3) The Department did not cover any costs for the representatives. The guest’s costs were covered by their respective organisation.

Reply:

(1)(a)(b)(i)(ii)(iii), (2)(a)(b) and (3) The information is not readily available and must be obtained from the Crime Administration System (CAS). A request is hereby made for an extension, in order for the correct information to be provided.

Reply:

I have been informed by the Department as follows:

1. The deadline to conclude the study has been met; however, CSIR is in the process of finalising the report.

(a) The Independent Communications Authority of South Africa (ICASA), Original Equipment Manufacturers (OEM) represented by Ericsson Huawei and Nokia; Chipset Integrators, represented by Intel and Qualcomm; Operator’s Forum represented by Cell C, MTN, Liquid Telecom (formerly Neotel), Rain (formerly iBurst/WBS), Vodacom, and Telkom and Internet Service Providers.

(b) The main outcomes will be specified in the final report.

2. None of the organisations or companies approached by CSIR declined to participate.

3. No organisations or companies approached by CSIR withdrew their participation.

Reply:

1. The Cluster Commander, Major General MV Leshabane, did not promise to build a police station, as per the article on the front-page of the Tembisan, dated 14 July 2017. The entourage of the Mayor of the Ekurhuleni Metropolitan Municipality, was summoned by the community of Birch Acres, to answer on questions regarding service delivery and requested the Mayor’s office to provide land for the building of a police station.

a) No, the building of a new police station has not been budgeted for.

b) Not applicable.

c) Not applicable.

d) Not applicable.

Reply:

(a) Trio Crime Task Teams have been established, in Clusters to address Trio Crimes, including farm attacks. The Trio Crime Task Teams are monitored by the Cluster Commander and the Deputy Provincial Commissioner: Crime Detection, in each province.

(b) The South African Police Service (SAPS) has increased police visibility through patrols and continuous engagement with farm owners and residents in rural areas.

The Divisions: Visible Policing and Crime Intelligence, monitor all incidents of violence against persons residing on farms and small holdings, in rural areas, on a daily basis. These incidents, including murder and other serious crimes, which occur on farms and small holdings are analysed and captured on a manual data base. This information is shared as operational information during the Rural Safety Priority Committee meetings, to guide the planning of crime prevention operations, programmes and projects to address root causes or contributing factors to crime, as well as to inform the community of current trends, tendencies and modus operandi of suspects, to enhance awareness.

Weekly incident analysis meetings, involving the Division Visible Policing, the Division: Crime Intelligence and the Crime Registrar, take place to analyse these incidents to determine flash points, particular crime trends, the modus operandi that is employed by criminals and other matters related to rural safety and security.

This operational information forms the basis for presentations to the quarterly National Rural Safety Priority Committee meetings, which is inter alia attended by organised agriculture and farming unions Agriculture South Africa (AGRI SA) and the Transvaal Agriculture Union of South Africa (TAU SA). In the event of an increase in the number of incidents, the relevant Provincial Commissioners are instructed to ensure that preventative measures are implemented with immediate effect.

Stakeholders are encouraged to be a part of these established structures to give constructive advice, regarding the policing of rural communities. These established structures are therefore utilised by stakeholders to enhance cooperation and coordination. The SAPS is committed to addressing all crime-related incidents, in rural areas as a priority.

Reply:

(1)(a) The Private Security Industry Regulatory Authority (PSIRA) is governed by a Council, which is equivalent to a Board. The Council is appointed under section 6 of the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001), by the Minister of Police, in consultation with Cabinet.

(1)(i)(aa) and (bb)

- Chairperson of the Council appointed on 19 April 2015 until 20 April 2018, for a period of three (3) years.

- Deputy Chairperson of the Council appointed on 1 January 2017 until 31 December 2020, for a period of three (3) years.

- 3 (Three) Members of the Council appointed on 1 January 2017 until 31 December 2020, for a period of three (3) years.

(1)(ii)(aa) and (bb)

The Council has five (5) members as prescribed by the Private Security Industry Regulation Act, 2001, of which three (3) are males and two (2) are females.

(1)(a) The Minister of Police is empowered under section 15V of the South African Police Service Act, 1995 (Act No. 68 of 1995), to appoint the chairperson, deputy chairperson and members on a part-time basis to the National Forensic Oversight & Ethics Board (Oversight and Ethics Board). The functions of the Oversight and Ethics Board are to monitor the implementation of legislation pertaining to the use of DNA in combating crime; to advise the Minister of Police; to provide oversight over functions performed by the South African Police Service; to handle complaints relating to the use of DNA in combating crime and to make recommendations to, amongst others, the South African Police Service and the Independent Police Investigating Directorate.

(1)(i)(aa) and (bb)

Nine (9) members of the Oversight and Ethics Board were appointed on 27 January 2015 until 26 January 2020, for a period of five (5) years and one (1) member was appointed on 01 April 2016 until 31 March 2021, for a period of five (5) years.

(1)(ii)(aa) and (bb)

The Oversight and Ethics Board has ten (10) members of which eight (8) are females and two (2) males.

(1)(b) Section 10 of the South African Police Service Act, 1995, establishes the Board of Commissioners, consisting of the National and Provincial Commissioners. The functions of the board are to promote co-operation and co-ordination in the Service. The board is presided over by the National Commissioner or his or her nominee and the board shall determine its own procedure. The National Management Forum, inclusive of the top management of the South African Police Service on National and Provincial level serves as the Board of Commissioners. It is, however, not a Board in the traditional sense, but an internal management and coordination mechanism.

The Civilian Secretariat for Police is established and regulated by the Civilian Secretariat for Police Service Act, 2011 (Act No. 2 of 2011), which Act does not provide for the appointment of a Board.

The Independent Police Investigative Directorate (IPID) is established and regulated by the Independent Police Investigative Directorate Act, 2011 (Act No. 1 of 2011), which Act does not provide for the appointment of a Board.

(2)(a) and (b) Not applicable.

Reply:

a) No disciplinary proceedings were initiated in 130 cases, due to service terminations. The details are reflected in the table below:

Types of termination	FINANCIAL YEAR	TOTAL
	(i) 2012/2013	(ii) 2013/2014	(iii) 2014/2015	(iv) 2015/2016	(v) 2016/2017
Resignation	22	19	32	26	21	120
Death	-	-	2	4	2	8
Retirement	-	-	-	1	1	2
TOTAL	22	19	34	31	24	130

b) The categories of offences, in accordance with section 28 of the Independent Police Investigative Directorate (IPID) Act, 2011(Act No 1 of 2011), for which disciplinary proceedings were not initiated, as required by section 30, are reflected in the table below:

Categories of offences, in terms of sec 28	(i) 2012/2013	(ii) 2013/2014	(iii) 2014/2015	(iv) 2015/2016	(v) 2016/2017	TOTAL
Death in police custody	-	-	1	-	1	2
Death as a result of Police action	-	-	2	7	2	11
Discharge of firearm	1	2	2	2	4	11
Rape by police officer	-	-	8	1	2	11
Rape in police custody	-	-	-	1	1	2
Torture/Assault	9	9	15	13	10	56
Corruption	3	-	-	3	1	7
Any other Criminal offence	9	8	6	4	3	30
TOTAL	22	19	34	31	24	130

Reply:

1. The Elsburg Police Station has three sectors.

(2)(a) The police station has 81 visible policing members.

(2)(b)(i) One vehicle has been allocated to each sector.

(2)(b)(ii) One vehicle has been allocated to the Community Service Centre.

(2)(b)(iii) One vehicle is utilised for other policing functions.

(3)(a)(i) According to the fixed establishment, the Elsburg Police Station has a surplus of 12 members within the visible policing environment.

(3)(a)(ii) The Elsburg Police Station does not have a shortage of vehicles.

(3)(b) The Elsburg Police Station has a surplus of 12 members, within the visible policing environment. By the end of October, one vehicle will be provided to the Elsburg Police Station.

Reply:

(a)(i)(cc) There were 846 murder cases reported against children, in the 2013/2014 financial year.

(a)(ii) There were 969 murder cases reported against children, in the 2014/2015 financial year.

(b) Weapons used, include the weapons used in the cases reported in question 217 and exclude the cases reported in paragraph (a)(ii) above, as it was included in the totals provided in question 2215)

	Total cases
Knife	604
Unknown	533
Firearms	397
Sharp instrument	203
Hands	177
Stick	78
Stone/brick	53
String/wire	30
Poison	25
Axe	23
Matches	22
Knobkerrie	19
Iron pipe	12
Booted foot	12
Panga	11
Water	11
Sjambok	11
Bottle	10
Belt	9
Screwdriver	8
Fire hose	6
Hammer	5
Fuel	5
Fist	5
Chain	4
Paraffin	3
Spear	3
Boiling oil	3
Petrol bomb	2
Candle	2
Garden fork	1
Broomstick	1
Iron	1
Hand grenade	1
Crowbar	1
Scissor	1

 

Reply:

No. The Acting National Commissioner is not currently reviewing the ranks of South African Police Service (SAPS) members, who are members of the Umkhonto weSizwe Military Veterans Association.

a) In 2015, the former Minister of Police established a re-Ranking Committee to investigate and make a recommendation on the ranks of all former Non Statutory Force Members (Umkhonto weSizwe and Azanian People’s Liberation Army), who complained that they were prejudiced during the integration of the Security Forces, as their training, experience and responsibility were not considered when granting them their ranks, during the integration into the SAPS process.

The majority of these members were granted the ranks of Temporary Constable and Lance Sergeant, at the time.

b) The SAPS re-Ranking Committee is currently preparing a report and recommendations to the Minister of Police.

c) However, R4 000 000,00 is available for the project team.

d) A decision has not been made as to which portion of the budget this amount will come from.

Reply:

a) Since the approval of the reservist policy, by the former Minister of Police in 2012, the implementation of the new reservist policy is still in progress. The approved policy for reservists does not cater only for farming or rural areas but it was developed to cover ALL the provinces of South Africa and to manage the command and control of reservists at police stations.

b) The total number of reservists who have been enlisted in terms of the policy:

PROVINCE	ACTIVE RESERVISTS
Gauteng	3 182
Western Cape	1 649
Eastern Cape	1 191
KwaZulu-Natal	572
Free State	844
Mpumalanga	1 226
North West	934
Northern Cape	815
Limpopo	1 584
TOTAL	11 997

c) The response with regards to the total number of newly enlisted reservists that were employed from the farming and/or rural areas of the country, will be submitted in due course.

Reply:

(a)(i)(ii)(aa)(bb)(b)(c)(d)

(a) Number of Members	(i)(ii) Injury or Death	(aa) Past Three Financial Years	(bb) April 2017 to date	(b) Charge	(c) Date Action Taken	(d) Outcome of the Proceedings
1	Death	2014/2015	Nil	Murder Limpopo Regulation 20(z)	2014-06-02	Dismissal.
5	Injury	2015/2016	Nil	Assault Mpumalanga Regulation 20(p)(2)	2015-02-06	Three members were found guilty and given written warnings. Two members were not found guilty.
1	Death	2015/2016	Nil	Inquest Mpumalanga Regulation 20(e)(i)(p)(z)	2016-01-13	Counselling and suspension without remuneration for one month.
1	Injury	2015/2016	Nil	Assault Common KwaZulu-Natal Regulation 20(z)	2015-09-27	No departmental steps taken.
5	Injury to Dignity	2015/2016	Nil	Sexual Assault KwaZulu-Natal Regulation 20(p)(q)	2016-09-05	Pending – departmental hearing set for 2017-07-10 to 2017-07-12.

Reply:

South Africa was not the Chair of the Southern African Development Community (SADC) Organ on Politics, Defence and Security Cooperation from 2016 to August 2017. 

It should be noted that SADC through the Organ on Politics, Defence and Security Cooperation remains seized with the political developments in the DRC. The Organ on Politics, Defence and Security Cooperation works on the basis of the Troika which at the time comprised of the Current Chair which was the United Republic of Tanzania, the Republic of Angola as Incoming-Chair and the Republic of Mozambique as Outgoing Chair.

Following the demonstrations led by the opposition parties in the DRC on 19 and 20 September 2016 which resulted in violence, deaths and destruction of property, the Chairperson of the Organ on Politics, Defence and Security Cooperation, H.E. Dr. John Pombe Joseph Magufuli, President of the Republic of the United Republic of Tanzania mandated the deployment of an Organ Troika Ministerial Assessment Mission to the DRC from 10 to 13 October 2016. The Assessment Mission was led by the Hon. Dr. Augustine P. Mahiga, Minister of Foreign Affairs and East African Cooperation of the United Republic of Tanzania as Chairperson, who was accompanied by Hon. Georges R. Chikoti, Minister of External Relations of the Republic of Angola and Deputy Chairperson and  Hon. Patricio Jose, Deputy Minister of National Defence of the Republic of Mozambique representing the Outgoing Chairperson  of the  Ministerial Committee of the Organ (MCO) on Politics, Defence and Security Cooperation.

The Organ Troika Assessment Mission made the following observations and conclusions:

1. The political situation in the DRC remained volatile, thus necessitating the need for SADC to remain closely seized with the DRC situation and required deployment of  regular follow-up missions and continued expression of SADC support of the DRC;
2. The Inclusive National Political Dialogue and the implementation of the outcomes thereof remains paramount in terms of garnering popular support to the electoral process, and the need to ensure the conduct of peaceful credible elections;
3. The process of updating the voters’ register should be expedited and finalised within the time line to be agreed upon by the stakeholders;
4. The regular deployment of follow-up SADC missions, including the SADC Electoral Advisory Council (SEAC), has been prioritised and will remain a priority in order to enhance the visibility of SADC’s continued involvement and to demonstrate  SADC’s support to the DRC peace, security and electoral processes;
5. SADC to ensure that there is high level engagement with the Government of the DRC, especially within the current period up to December 2016, in order to encourage the Government and other stakeholders to refrain from resorting to violence, and instead continue to dialogue with opposition groups with a view to addressing the outstanding issues; and
6. The International Community should be encouraged to support the DRC National Independent Electoral Commission (CENI) financially and materially in relation to the on-going voters’ registration process that will facilitate the conduct of combined presidential, parliamentary, and provincial elections, to be followed by local elections.

A Double Troika Summit of Heads of State and Government was also held in Lozitha, Kingdom of Swaziland on 17 March 2017 and noted that the political and security developments in the DRC and:

1. commended the President of the DRC H.E. Joseph Kabila Kabange, the Government of the DRC, the National Episcopal Conference of Catholic Bishops for the DRC (CENCO), political parties and other stakeholders for the continued  efforts in addressing the political security challenges;
2. noted and commended CENCO for the renewed meditation efforts, and urged the DRC stakeholders to finalise the Specific Arrangements for the Implementation of the 31st December 2016 Political Agreement, in particular the nomination of the Chairperson of the National Monitoring Committee, and encouraged the opposition to expeditiously submit the nominees for the position of the Prime Minister (now appointed);
3. called upon the International Community to support the DRC in the electoral processes that are expected to facilitate peaceful and successful elections; and
4. mandated the Organ Ministerial Troika to immediately conduct a follow-up mission to the DRC, on a date to be agreed upon in consultation with the Chairperson of the Organ and the Government of the DRC.

These efforts demonstrate that SADC remains committed in ensuring that the situation in the DRC is resolved in order for peace and security to prevail.  South Africa will play her role as SADC chairperson to ensure that the peace and stability goals of SADC in the region are achieved.

Reply:

Radical economic transformation is government policy. The policy of our government is informed by the policy of the governing party, the African National Congress (ANC). The ANC at its National Conference in Mangaung in December 2012, declared that we had begun a second decisive phase of our long transition from Colonialism of a Special Type to a National Democratic Society, and that this second phase would be characterised by more radical policies and decisive action to effect socio-economic change and continued democratic transformation.

When I was inaugurated as President of the Republic for the second time on 24 May 2014, I began to give effect to the resolution in my inauguration address, when outlining the focus of the fifth democratic administration for the years 2014-2019. I said: “Today marks the beginning of the second phase of our transition from apartheid to a national democratic society. This second phase will involve the implementation of radical socio-economic transformation policies and programmes over the next five years”. The speech is attached for the Honourable Member’s perusal.

The ANC January 8 statement this year further outlined the governing party’s focus on radical socio-economic transformation, and also specifically radical economic transformation with a focus on the economy.

Radical socio-economic transformation was declared a priority for 2017/18 for government in the 2017 State of the Nation Address (SONA). In the SONA government sets out a Policy Framework and an Action Plan within which we will prioritise the allocation of resources and actions for a particular year. We defined radical economic transformation referring to fundamental change in the structure, systems, institutions and patterns of ownership, management and control of the economy in favour of all South Africans, especially the poor, the majority of whom are African and female.

We are already busy with the implementation of many aspects of the policy through our Nine Point Plan, ensuring that work done in the priority sectors that we have targeted for attention in order to reignite growth, include the meaningful participation of black people who were excluded in the past.

These sectors include mining, manufacturing, agriculture, energy, tourism, ICT, water and sanitation, industrialisation and others. We are working hard to enhance the compacts between business, labour and government as one part of effective transformation. Together we need to broaden the ownership, management and control of the economy so that we build a more sustainable future, with an economy in which the majority plays a meaningful role and in which they benefit, as it must happen in any country. The current situation where the income of white households remains at least six times higher than that of black households as per the last Census cannot be left unchallenged and must be corrected by all of us, especially business, government and labour working together.

I am not aware of a conspiracy to poison me because of the decision of South Africa to join BRICS or because of the radical economic transformation policy of government.

Reply:

1 (a).The Department’s mandate for 2017/18 financial year was to reprioritise the completion of the project elements such as the multipurpose cultural dome (amphitheatre). The focus was to complete the amphitheatre with its elements for it to be functional.

(b). The financial obligation set for 2017/18 financial year is R28.1 million budget for the completion of the multipurpose amphitheatre facility subject to confirmation by Bill of Quantities (BOQ). Not completing the project may lead to further wasteful and fruitless expenditure and the incomplete structure, as it becomes increasingly disused, and will reflect badly on the government of the day.

2.(a). The Department is working towards meeting and realising the mandate of what has been planned for through engaging and consulting National Treasury for advice as well as all relevant key stakeholders by holding on-going engagements on the attainment of the objective.

(b). At present the department is working on consolidating cost estimates for the outstanding project elements to be submitted to National Treasury to advise on the best option that could be considered as a way forward for this project.

Reply:

The negotiations towards establishing the Continental Free Trade Area (CFTA) are building on the trade liberalisation progress and achievements of the Regional Economic Communities such as our own, the Southern Africa Development Community, (SADC) and others.

The aim is to enhance intra-regional trade and ensure that African countries trade with each other on better terms than third countries. A free trade area implies granting parties thereto preferential access in terms of tariff duties, which has implications for revenue. Each negotiating party makes its own sovereign assessment about the benefits of entering into the CFTA negotiations and whether they potentially outweigh the negative considerations that arise. It is therefore not possible to predict with any degree of precision, how the CFTA will impact on the revenue base of the negotiating state parties. This will depend on the export profile of each negotiating state party to the CFTA.

The overriding imperative of the CFTA is to boost intra-Africa trade, promote market integration and industrialisation in Africa. A bigger market will improve the prospects of African countries to attract investment, promote the development of regional value-chains thus increase the potential of diversifying the economic base. We believe that this will contribute positively to economic growth and development in Africa. 

South Africa takes the CFTA negotiations very seriously, as the intervention has the potential to contribute positively to economic growth and development in Africa. Our commitment to the CFTA is evidenced by the fact that South Africa hosted the meeting of the AU Assembly of Heads of States that launched the CFTA negotiations. The CFTA is also one of the priorities of Agenda 2063 and the African Union Assembly of Heads of States receives regular feedback on progress. To demonstrate our commitment to the expeditious finalisation of the CFTA negotiations, South Africa recently hosted meetings of the CFTA technical working groups and the negotiating forum from 20 August to 2 September 2017, in Durban. Further, South Africa has made specific proposals, towards the conclusion of the CFTA negotiations.

In addition, the CFTA negotiations are receiving the highest political attention in South Africa, to provide the necessary guidance to speedily move towards the conclusion of the CFTA. South Africa is represented at all AU Trade Ministers meetings wherein the CFTA is discussed and direction given by AU Ministers of Trade to the negotiators. The International Trade and Economic Development Division of the dti advances and defends South Africa’s trade interests in the CFTA negotiations. The positions that South Africa advances in the CFTA negotiations are an outcome of consultations that take place in NEDLAC.

South Africa has advanced the development integration approach to the CFTA that combines market integration, industrial and infrastructure development. This approach ensures that Africa addresses the fundamental constraints to intra-Africa trade and Africa’s integration into the global economy, which include productive and supply-side constraints. This approach has been adopted by the Continent as a good basis to advance regional integration. This ensures that the benefits of the CFTA are broadened through the diversification of the export base and promoting inter-connectivity through infrastructure development.

Having said that, South Africa advances the retention of the policy space for development, particularly for Least Developed Countries. We defend the retention of policy space in any free trade agreement for the advancement of national development objectives such as industrialisation, access to affordable public health and the introduction of other development advancing measures in all free trade negotiations that we are party to, including the CFTA. South Africa supports free trade agreements that expressly recognise differentials in levels of development, and accordingly create differentiated obligations. South Africa is therefore committed to ensuring that the CFTA benefits all AU member states.

Reply:

The Government of South Africa accepts the outcome of the Summit on the admission of Morocco to promote unity and coherence within the Continent. Member states expressed strong views that by virtue of acceding to the Constitutive Act, Morocco should abide by all provisions of the Act and immediately resolve its relations with the Western Sahara to ensure territorial integrity between the two nations. South Africa also supports the Summit’s decision that the African Union should prioritise the resolution of the impasse between the two countries to change the status quo, failing which the principles on which the African Union was constituted, as articulated in the Constitutive Act, would be undermined. We fully support the right of the people of Western Sahara to self-determination.

South Africa supports the adoption of the Kagame Report as its general thrust seeks to strengthen the African Union (AU) and improve its functioning and effectiveness.  South Africa will continue to safeguard the values of the AU Constitutive Act, and in this regard will continue to engage in AU discussions on the implementation of the report in a sustainable manner.

Reply:

Refer to the table below for the amount of litres of water lost annually in each province due to leaks:

Province	Volume of water lost (Mega Litres/Annum)	Volume of water lost (Litres/Annum)
Western Cape	64 788	64 788 000 000
Easter Cape	121 589	121 589 000 000
Northern Cape	34 534	34 534 000 000
Gauteng	295 187	295 187 000 000
Free State	76 793	76 793 000 000
KwaZulu Natal	238 614	238 614 000 000
Limpopo	124 013	124 013 000 000
Mpumalanga	93 239	93 239 000 000
North West	84 462	84 462 000 000
Total	1 133 219	1 133 219 000 000

---00O00---

Reply:

As I have indicated in my response to question No: 1077 of 15 May 2017, that:

“Schedule 5A of the Constitution of the Republic of South Africa, Act No 108 of 1996, which stipulates that libraries, other than national libraries, are an exclusive provincial legislative competence”. The status quo is still the same.

Reply:

a) The number of Mikondzo events held in 2016-017 financial year is 31 Mikondzo events.

b) The events date stared in April 2016 – March 2017 financial year.

c) (i) in all nine regions of the Agency (Provinces)

(ii) Municipality names are attached.

(iii) The events took place in the indicated municipal wards

d) The average cost of each event was R2 500 000.00

Reply:

The death of more than 40 mineworkers in Marikana in August 2012 is a tragedy that should never be allowed to happen again in our country.

We should remember those who lost their lives by improving the living conditions of the people in Marikana.

On 26 August 2012, I appointed a Commission of Inquiry to investigate matters of public, national and international concern arising out of the tragic incidents at the Lonmin Mine in Marikana. In total 44 people lost their lives and many others were injured. Government is busy implementing the findings of the report.

I established an Inter-Ministerial Committee (IMC), which is convened by the Minister in the Presidency for Planning, Monitoring and Evaluation. The IMC comprises of the Departments of Human Settlements, Mineral Resources, Social Development, Police, Justice and Correctional Services, and Cooperative Governance and Traditional Affairs in order to manage the efforts to address the short and medium term challenges in the relevant areas.

The Inter-Ministerial Committee on the Revitalisation of Distressed Mining Communities, through its work, leadership and intervention, has achieved commendable results, which include:

• Approximately 522 housing units that have been completed to date;
• Planning for Phase 2 of the housing development in Marikana Extension 5 is already underway and measures 144 hectares in extent, owned by Lonmin. The site has capacity to cater for 5 000 housing units.  Lonmin has commenced with the pre-feasibility study for this development;
• Lonmin completed the conversion of all their hostels, namely 776 family units and 1 908 single apartments by December 2014, as per the Mining charter requirements
• Lonmin has also submitted a new second Social and Labour Plan for the period 2014 until 2018. It undertook to build 4 000 infill apartments which are not meant to replace homeownership but to provide decent accommodation for employees.  
• Phase 1 at the Karee Housing Estate has been completed, comprising 100 family units and 225 bachelor units. The next phase is in progress and should be finalised by the end 2017 comprising another 120 single units and 48 family units.
• The Revitalisation of Distressed Mining Communities has been mainstreamed into the Government Programme of Action.

Government continues to engage business, labour and communities to seek sustainable solutions that resolve the concerns of mine workers and distressed mining communities and transform the mining sector to broaden the benefits of our country’s rich mineral wealth.

The Revised Mining Charter also seeks to address some of the medium to long-term challenges through the provision that mining license-holders should, as part of Broad-based Economic Empowerment, provide 8% free carry to the mining communities in their area of operations.

Government encourages all society to commemorate tragedies such as the one of Marikana in every manner possible.

Furthermore, government remains on track with regard to implementing the recommendations of the Commission of Inquiry which was led by retired Judge Ian Farlam.

We appeal to all social partners to use the lessons from the Marikana tragedy to honour the memory of the victims through practical measures to improve the living and working conditions of mining communities, which is the most effective way to honour them.

Reply:

DPE RESPONSE

a) (i) Yes

(ii) No, DPE is not funding, including by way of discretionary funding, international Research and Development institutions.

b) Not applicable

(aa) (aaa) (bbb) (bb)

See summary below, of the institutions which DPE has collaborative agreement with:

	(i)	LOCAL OR DOMESTIC INSTITUTIONS
		Institutions	Date of Reporting	Relation with DPE Functions of Entities	Estimated amount
		(aa)(aaa)	(bb)	(bbb)	(cc)
		University of Johannesburg	March 2017	To provide with the knowledge and skills needed in the workplace.	R 2 528 976.00
		WITS University	March 2017	To provide with the knowledge and skills needed in the workplace.	R 1 429 275.00

ALEXKOR SOC LIMITED (a) Not Applicable (b) (i) No   (ii) No     (aa) (aaa) Not applicable       (bbb) Not applicable     (bb) Not applicable (cc) Not applicable DENEL SOC LIMITED (a) Not Applicable (b) (i) No   (ii) No     (aa) (aaa) Not applicable       (bbb) Not applicable     (bb) Not applicable     (cc) Not applicable

ESKOM SOC LTD

(b)

Yes, Eskom has a multitude of memberships, joint development and bilateral agreements with both Domestic and International Research Testing & Development bodies and Institutions of Higher Learning.  These agreements are for definitive scopes of work and are relevant to Eskom’s operational and strategic imperatives. Intellectual Property and Royalty agreements are in place where joint development work is undertaken.

(b)(i)

Yes, Eskom is funding, including by way of discretionary funding, domestic Research, Testing and Development institutions

(b)(ii)

No, Eskom is not funding, including by way of discretionary funding, international Research, Testing and Development institutions

(b)(i)(aa)(aaa)(bbb)(bb)(cc)

See summary below, of the institutions which Eskom funded including their function, date from which funding commenced and amounts funded for financial year 2016/17.

	Name of the institution (aa)(aaa)	Function done by the institutions (bbb)	Date from which Eskom funded the institution (bb)	Amount that Eskom has contributed in financial year 2016/17 (cc)
Council for Scientific and Industrial Research	South Africa's central and premier scientific research and development organisation	2012.12.04	R 5 168 153.00
Universities	Study and research centers	2015.11.30	R22 905 507.00

The detail on research done per institution is included in Annexure A & B.

Annexure A

	Name of the institution (aa)(aaa)	Research done by the institutions (aa)(bbb)
1	Council for Scientific and Industrial Research	Turbine Blade Refurbishment II
2		Load Forecasting
3		Laser Shock Peening
4		Vibe
5		Camera I+I+III
6		NDT of Laser-enabled refurbishment
7		CAE Capability
8		Camden Ash Utilisation
9		Rotor Refurbishment
10		Solar PV Economics
11		Home Energy Management & Optimisation
11		Test beds for reliable smart city Machine-to-Machine Communication (TRESCIMO)
12		Thermal Desalination
13		Turbine Blade Refurbishment
14		Regional Air Quality Modelling
15		Wave Energy Site Selection Study
16	University of the Witwatersrand	Bhugwandin-Strat Impl & Exe
17		Bisnath-HV Overhead
18	University of Western Cape	Gericke-Capacitive Deionization
19		Reynolds-Mine Backfill GeoHydro
20		Reynolds-Lab Test Geochem Kinetic Leaching
21		Reynolds-Lab Test Hydraulics
22		Reynolds-Simulation of mod test result
23		Reynolds-Numerical Geochem reaction model
24		Reynolds-Integrated num flow and trans model
25		Reynolds-Reporting
26	Stellenbosch University	Gericke-counter flow cooling tower
27		Westhuyzen-PV Penetration W Cape
28		Bischoff-Lightning & Power Frequency
29		Westhuyzen-SAURAN
30	University of the Witwatersrand	Gericke-Groundwater Reports
31	University of Cape Town	Gericke-Multi Effect Distribution
32		Newby-Boiler Heat Exchanger
33		Gericke-Saline Streams
34	North-West University	Mbedzi-Baseline Assessment Sharpville
35		Gericke-characteristics of water
36		Fipaza-nuclear High T Reactor
37		Monametsi-Black C & Hg
38		Mbedzi-Source Apport Vaal
39	University of Johannesburg	Moodley-Water Samples
40	Nelson Mandela University	Newby-Course on ASMEVIII
41		Scheepers-Charact of WB36
42		Serameng-LCOE on the Solar PV Plants
43	University of Pretoria	Reynolds-ash - soil amelioration
44		Reynolds-Kruger Ment; Surridge Micro
45		Reynolds-Ash Rubber Extention
46	University of the Free State	Reynolds-bioremediation

Annexure B

Name of the institution (aa)(aaa)	Research done by the institutions (aa)(bbb)	Amount that Eskom has committed in financial year 2016/17 (cc)
Council for Scientific and Industrial Research	Camera I+I+III	To be paid
	Rotor Refurbishment	To be paid
	Solar PV Economics	To be paid
	Test beds for reliable smart city Machine-to-Machine Communication (TRESCIMO)	To be paid
	Regional Air Quality Modelling	To be paid

Eskom is exploring a R2.8 million collaborative development agreement with the CSIR for the establishment of a national Non-Destructive Testing (NDT) facility.  The need for a facility of this nature stems from the need to develop local NDT skills and capacity, NDT procedure qualifications and having qualified independent oversight on contractors undertaking NDT work at Eskom sites.   The application for this funding is currently pending internal approval and is being channeled through the Eskom governance process.

Furthermore, we attach Annexure B which detail includes work carried out although Eskom has not yet made payment.

The following Eskom policies support the manner in which collaborative R&D agreements are managed:

• Eskom IP management policy,
• Procurement & Supply Chain Management Policy,
• Eskom’s Legal Policies governing MOAs/MOUs.

Annexure B

Name of the institution (aa)(aaa)	Research done by the institutions (aa)(bbb)	Amount that Eskom has committed in financial year 2016/17 (cc)
Council for Scientific and Industrial Research	Camera I+I+III	To be paid
	Rotor Refurbishment	To be paid
	Solar PV Economics	To be paid
	Test beds for reliable smart city Machine-to-Machine Communication (TRESCIMO)	To be paid
	Regional Air Quality Modelling	To be paid

SAFCOL SOC LIMITED

(a)	Not applicable
(b)	SAFCOL does not have any specific institution that it is funding by way of collaborative discretionary funding. However, SAFCOL has relationships with the following institutions as members and paying a membership fee, or paying on project basis:
	(i)	LOCAL OR DOMESTIC INSTITUTIONS
		Institutions	Date of Reporting	Relation with SAFCOL / Functions of Entities	Estimated amount
		(aa)(aaa)	(bb)	(bbb)	(cc)
		University of Pretoria	2008 - current	SAFCOL has a forestry Chair programme with the University of Pretoria to train students and improve post graduate research	R1 200 000 p.a. (including Bursaries)
		University of Stellenbosch	Unknown - current	Tertiary Forestry Education – training students	Unknown Bursaries vary per year. R454 441 in 2016
		Nelson Mandela Metropolitan University (NMMU)	Unknown - current	Tertiary Forest Education – training students	Unknown Bursaries vary per year. R260 586 in 2016
		Institutions	Date of Reporting	Relation with SAFCOL / Functions of Entities	Estimated amount
		(aa)(aaa)	(bb)	(bbb)	(cc)
		FABI / TPCP (Tree Protection COOP, University of Pretoria	1990 - current	Tree protection (pests and diseases)	R500 000 p.a.
		National Forestry Research Forum (NFRF)	2016 – current	The institution does research for the forestry industry	No membership fees
		Forestry South Africa (FSA)	Unknown - current	South African Professional Forestry Association membership	R2.50 per ton sold
		ICFR (Institute of Commercial Forestry Research)	1980 – current	Siviculture research 1980	R400 000 p.a.
		CSIR	20160- current	Research	Currently no funding (future projects)
		Forest Molecular Group (FMG), University of Pretoria	2016 – current	Research (genetic research on trees)	Currently no funding (future projects)
		Baboon Damage Working Group	2000 – current	Research (on animals causing damage to SAFCOL trees)	R200 000 p.a.
		South African Sirex Control Programme	2010 - current	Research and tree protection (pest control for better tree survival)	R 200 000 p.a.
		Timber Industry Pesticide Working Group(TIPWG)	Unknown - current	Pesticide environmental control	R100 000 per project
		Institutions	Date of Reporting	Relation with SAFCOL / Functions of Entities	Estimated amount
		(aa)(aaa)	(bb)	(bbb)	(cc)
		Seedling Growers Association of South Africa (SGASA)	Unknown - current	Latest technology on nurseries	R 20 000 p.a.
	(ii)	INTERNATIONAL INSTITUTIONS
		Institutions	Date of Reporting	Relation with SAFCOL / Functions of Entities	Estimated amount
		(aa)(aaa)	(bb)	(bbb)	(cc)
		CAMCORE (Camcore Cooperation)	1983 – current	Conservation, testing and breeding of forest tree species in the Tropics and Sub-Tropics	R400 000 p.a.
		IUFRO (International Union of Forest Research Organisations)	1980 - current	Research	R 30 000 p.a.

SAX SOC LIMITED

South African Express does not provide funding to any institution/s for any research and development purposes.

TRANSNET SOC LIMITED

1. N/A

(b)(i) Transnet has partnerships and sponsorships with various Universities to conduct research and development.

University of Cape Town (UCT):

• Sponsorship: Research and Education Programme in Rail Engineering, faculty Building Environment, Engineering and Information technology
• Duration: 2013-2018
• Value: R6 000 000.00

 

University of Pretoria (UP):

• Sponsorship: Chair in Railway faculty Building Environment, Engineering and Information technology
• Duration 2013-2018
• Value: R12,6m

University of the Witwatersrand (WITS):

• Sponsorship: Systems Engineering
• Duration: 2012-2017
• Value: R58,762 000.00

University of Stellenbosch (US)

• Sponsorship: Port and Coastal Engineering
• Duration: 2015-2020
• Value R9 400 00.00

(b) (ii) None

(bb) None

(bbb) None

(cc) N/A

Remarks: Reply: Approved / Not Approved

Mr. Mogokare Richard Seleke Ms. Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Reply:

Requesting Honorable Member to refer to the response provided in NA 1666 of 9 June 2017.

---00O00---

Reply:

(a) & (b) There are currently no vacant positions in the Board or Councils of Department of Social Development or its entities reporting to the Minister

Reply:

The issues raised in the question may form part of the Judicial Commission of Inquiry recommended by the Public Protector in her Report of “State of Capture”. As such, I cannot go into the details of the issues raised in the question.

Reply:

The accreditation was awarded to Azande Consulting and Vee El Promotions on 23 June 2016. In total SASSA has paid R80.7 million for Mikondzo Project since the accreditation to date i.e. R52.4 million for Azande consulting and R28.3 million for Vee El Promotions.

The details below are a list of events held and the payments made to the above mentioned companies.

Table A: Azande Consulting

No	Name of Region	(a) What payments have been made to Azande Consulting In Rand value	(b) (i) For which events and/or services	(b)(ii) On what dates were the payments made in each case
1	Eastern Cape	484 969,40	Mikondzo : Zwide	13-Jul-16
2	Eastern Cape	489 500,30	Mikondzo - Dan Qeqe	13-Jul-16
3	Eastern Cape	470 000,00	Mikondzo - Uitenhage	05-Jul-16
4	Eastern Cape	450 000,00	Mikondzo: Motherwell	30-Jun-16
5	Free State	4 452 550.32	Mikondzo : Mangaung Metro	15-Feb-17
6	Limpopo	3 932 794,07	Mikondzo - Botlokwa on 04 Dec 2016	13-Dec-16
7	Mpumalanga	3 648 000,00	Mikondzo:Nkomazi (Kwamhlutshwa) 22 October 2016	22- Nov-16
8	Northern Cape	3 021 445,82	Mikondzo: Kuruman	23-Jan-17
9	North West	15 390 000,00	Mikondzo - Magogwe	02-Aug-16
10	North West	3 880 907,45	Mikondzo:Ratlou (Mareetsane) (28 August 2016	29-Sep-16
11	North West	519 456,45	Deputy Minister’s old persons Christmas lunch	17-Jan-17
12	North West	4 215 206.23	Mikondzo: Swartruggens (Borolelo)Mikondzo 12 May 2017	26-May-17
13	Kwazulu Natal	476 320,00	Mikondzo:Qhudeni 19/7/2016	02-Aug-16
14	Kwazulu Natal	495 000,00	Mikondzo:Qhudeni 19/7/2016	04-Aug-16
15	Kwazulu Natal	489 000,00	Mikondzo:Ntambanana 15/7/2016	04-Aug-16
16	Kwazulu Natal	492 689,10	Mikondzo: Qhudeni 19/7/2016	09-Aug-16
17	Kwazulu Natal	170 850,00	Mikondzo: Qhudeni 19/7/2016	11-Aug-16
18	Kwazulu Natal	4 332 889,20	Mikondzo:Mtubatuba 31/7/2016	14-Sept-16
19	Kwazulu Natal	4 959 000,00	Mikondzo: Mnyakanya kwaShange – 27-29 Dec 2016	17-Jan-2017
	TOTAL AMOUNT	52 370 578.36

Table B: Vee El Promotions

No	Name of Region	(a) What payments have been made to Vee-El Promotions In Rand value	(b) (i) For which events and/or services	(c) (ii) On what dates were the payments made in each case
1	Eastern Cape	4 800 500,00	Mikondzo: Sterkspruit	28-Dec-16
2	Eastern Cape	385 609,13	Mikondzo : Motherwell	19-Jul-16
3	Eastern Cape	484 568,02	Mikondzo: Uitenhage	28-Jul-16
4	Eastern Cape	4 495 154,46	Mikondzo: Alice	13-Dec-16
5	Gauteng	484 568,02	Mikonzo: Presidential visit to Atteridgeville- 1 June 2016	27-Jul-16
6	Mpumalanga	2 494 889.00	Mikondzo - Kwamhlanga 09 October 2016	31-Oct-16
7	North West	3 095 695,22	Mikondzo at Mareetsane(28 August 2016)	26-Oct-16
8	Kwazulu Natal	3 814 471,84	Mikondzo: Ixopo	14- Sept-16
9	Kwazulu Natal	3 560 132,52	Mikondzo: Umhlabuyalingana 15/12/2016	23-Dec-16
10	Kwazulu Natal	3 267 769,78	Mikondzo: Matshensikazi 21/12/2016	12-Jan-17
11	Kwazulu Natal	1 442 230,22	Mikondzo: Matshensikazi 21/12/2016	16-Jan-17
	TOTAL AMOUNT	28 325 588.21

Reply:

(a)

Eskom has provided this detail in the Annual Financial Statements issued for the year ended 31 March 2017. Please refer to Note 52 on page 113.

(b)

Please refer to the attached note for details of the irregular expenditure.

(c)

A recovery plan has been developed, which includes instituting disciplinary measures and is in the process of execution.

(d)

Eskom has developed an improvement plan with the aim of addressing PFMA compliance. Please refer to Directors report on Page 13 to 14 of the Annual Financial Statements issued for the year ended 31 March 2017.

Remarks: Reply: Approved / Not Approved

Mr. Mogokare Richard Seleke Ms. Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Annexure to PQ 2162 (B)

52. Information required by the Public Finance Management Act

Any losses due to criminal conduct or irregular or fruitless and wasteful expenditure that individually (or collectively where items are closely related) exceed R25 million must be reported in terms of the significance and materiality framework agreed with the shareholder.

52.1 Irregular expenditure

Group and company

Note	2017 Rm	2016 Rm
Balance at beginning of the year	348	418
Current year expenditure	4 043	106
Amounts condoned	(1 084)	(146)
Amounts not recoverable (not condoned)	(311)	(30)
Balance at end of the year	2 996	348
Age analysis	2 996	348
Current year	2 992	38
Prior years	4	310
Comprising	–	310
B2B engineering tools expenditure incurred without PFMA approval (a)
Balance at beginning of the year	310	310
Amounts not recoverable (not condoned)	(310)	–
Purchase of land without investment committee approval (b)	–	–
Balance at beginning of the year	–	108
Amounts condoned	–	(108)
Breach of PPPFA: monetary thresholds – incorrect tender process applied (c)	92	11
Balance at beginning of the year	11	–
Current year expenditure	95	41
Amounts condoned	(13)	–
Amounts not recoverable (not condoned)	(1)	(30)
Breach of the NEMA (d)	–	7
Balance at beginning of the year	7	– 7 –
Current year expenditure	–
Amounts condoned	(7)
Use of labour broker – internal processes not followed (e)	–	10
Balance at beginning of the year	10	–
Current year expenditure	–	10
Amounts condoned	(10)	–
Professional services contract – internal processes not followed	–	–
Current year expenditure	–	36
Amounts condoned	–	(36)
Tender processes not adhered to – commitments made before approval (f)	56	1
Balance at beginning of the year	1	–
Current year expenditure	549	3
Amounts condoned	(494)	(2)
Procurement of services – incorrect classification as an emergency (g)	8	4
Balance at beginning of the year	4	– 4
Current year expenditure	4
Quality management – tender process not followed and insufficient delegation of authority	1 560	–
Current year expenditure (h)
Breach of PPPFA – tax clearance certificates (i )	987	–
Current year expenditure	1 453	–
Amounts condoned	(466)	–
Non-compliance with CIDB regulations ( j)	8	–
Current year expenditure	97	–
Amounts condoned	(89)	–
Breach of PFMA – use of sole source	96	– – 5
Current year expenditure (k)
Breach of PFMA – tender processes not adhered to
Current year expenditure (l)	189
Various other instances	–
Balance at beginning of the year	5	– 5 –
Current year expenditure	–
Amounts condoned	(5)

52.1 Irregular expenditure (continued)

a) B2B engineering tools expenditure incurred without PFMA approval

The matter regarding the expenditure incurred on the B2B Engineering Tools project of R310 million before PFMA approval was reported in 2015. The expenditure was subsequently derecognised by the board in accordance with the National Treasury Guideline issued on 19 April 2016.

b) Purchase of land without investment committee approval

The matter regarding the purchase of land without investment committee approval was reported in 2015. The irregular expenditure incurred has been condoned by the relevant authority and has therefore been removed from the register of irregular expenditure.

c) Breach of PPPFA: monetary thresholds – incorrect tender process applied

Irregular expenditure of R95 million was incurred in breach of the Preferential Procurement Policy Framework Act (PPPFA) as follows:

• • the PPPFA requires that monetary thresholds to determine the appropriate point-scoring criteria applicable to specific transactions be considered inclusive of VAT. Eskom erroneously applied the thresholds exclusive of VAT. Certain procurement was therefore done using the incorrect point-scoring criteria and resulted in a breach of PPPFA. Irregular expenditure incurred on affected transactions amounted to R95 million (2016: R11 million) of which R13 million was condoned in 2017, including R11 million reported in 2016. An amount of R92 million was awaiting condonation at 31 March 2017. Eskom is ensuring that regular reviews are conducted and that buyers are made aware and retrained on the supply chain management procedure
  • Eskom’s exemption from the PPPFA expired on 7 December 2012. Eskom paid R0.4 million (2016: R30 million) during the year on contracts that were entered into between 8 December 2012 and 31 March 2013 that were inconsistent with the requirements of the PPPFA. These contracts were not recalled or corrected at the time and Eskom continued to meet its obligations in terms of these contracts. All the affected transactions took place in the normal course of business and were subject to Eskom’s approved procurement policy in force at the time

d) Breach of NEMA

Eskom unlawfully commenced with construction activities for a 132 kV power line in the Eastern Cape Province along a route that was not authorised by the Department of Environmental Affairs (DEA). An amount of R7 million was incurred on the portion of the line constructed in contravention of the National Environmental Management Act (NEMA). Eskom rectified the breach and received the required authorisation from DEA on 2 September 2016. Eskom paid a penalty of R1 million imposed by DEA. Disciplinary action was concluded against three employees involved.

e) Use of labour broker – internal processes not followed

Eskom processes were not followed for the procurement of certain goods and services through a labour broker. The senior managers concerned were disciplined and the labour broker instructed to discontinue sundry payments. The expenditure was condoned and no further action is required.

f) Tender processes not adhered to – commitments made before approval

Irregular expenditure of R549 million comprising 245 incidents was incurred as a result of non-adherence to internal procurement processes and employees contravening the Eskom Delegation of Authority. Incidents totalling R56 million are awaiting condonation.

g) Procurement of services – incorrect classification as an emergency

Services procured to the value of R4 million (2016: R4 million) were incorrectly classified as an emergency in the procurement process. This matter will be submitted for condonation in 2018.

h) Quality management – tender process not followed and insufficient delegation of authority

Irregular expenditure estimated at R1 560 million was incurred because of the placement of contracts without proper delegation of authority or without following established processes during the 2008-2015 financial years.

Multi-disciplinary investigations were conducted into indications of mismanagement and allegations of irregularities in the quality management department. Possible fruitless and wasteful expenditure of R886 million regarding this matter was reported in 2016.

A further investigation was recently finalised by an independent external company with the following outcome:

• • identification of irregular expenditure of R1 560 million because of the placement of contracts without proper delegation of authority or without following established processes during the 2008-2015 financial years with the bulk of the payments made on these contracts occurring in the 2013 and 2014 financial years
  • estimated fruitless and wasteful expenditure of R510 million compared to the original estimate of R886 million reported in 2016. Refer to 52.2(a)
  • losses due to criminal conduct of R2 million. Refer to 52.3(b)

Actions taken to date include the following:

• • two employees have been dismissed (one is a senior manager)
  • a criminal case was opened with the South African Police Service to investigate possible fraudulent transactions
  • civil action against Eskom by one of the main suppliers is being defended
  • a fidelity claim has been lodged in terms of a commercial crime insurance policy with a cover limit of R3 billion for losses arising from fraudulent or dishonest acts committed by employees. This claim will be concluded once the legal matters have been finalised

Further disciplinary, civil and/or criminal action as appropriate will be considered against other parties involved, including action to recover losses.

The following contract management process improvements have been implemented:

• • improvement in the monitoring of performance by the SHEQ panel service providers with regular inspections and enforcement of consequence management for poor or ineffective delivery
  • effective segregation of duties
  • reconciliation of task orders to scope, budget, timesheets, invoices and payments, with approval of timesheets by project managers on site
  • limiting of long-term task orders and close monitoring of performance to ensure resources are not idle nor unproductive
  • training of employees on effective electronic documentation management

i) Breach of PPPFA – tax clearance certificates

PPPFA regulations require that tenders may only be awarded to a person whose tax matters have been declared to be in order by SARS. SARS only issues such a confirmation to a person registered as a taxpayer. Three contracts with an award value of R340 million were reported as being under investigation in 2016. A further R126 million was incurred on these contracts during the year. They were confirmed as irregular in 2017 since no SARS declaration was found to be obtained at the time of award and were condoned during the year. There were 59 contracts that were similarly affected during 2017. Irregular expenditure of R987 million was incurred on these contracts during the year and is awaiting condonation.

j) Non-compliance with CIDB regulations

Construction Industry Development Board (CIDB) regulations specify the different levels of grading that contractors must have based on the value of the contracts to be awarded (not a requirement for World Bank-funded contracts). Expenditure of R89 million was identified and condoned during the year on two foreign contracts awarded in terms of World Bank funding where the grading level was not in line with CIDB regulations. A further R8 million was incurred on a contract for which tender invitations were not advertised on the CIDB website as per the CIDB Regulation 24.

k) Breach of PFMA – use of sole source

There were three incidents of irregular expenditure totalling R96 million where the use of sole sources could not be adequately justified.

l) Breach of PFMA – tender processes not adhered to

There were 11 incidents of irregular expenditure totalling R189 million where approved supply chain management processes were not adhered to.

m) Irregular expenditure under investigation

There are numerous additional instances of procurement that are subject to investigation, namely:

• • tender processes not adhered to including breaches of delegation of authority
  • incorrect PPPFA points thresholds applied
  • non-compliance with CIDB regulations
  • lack of supporting documentation including tax clearance certificates
  • award made to a company on a sole source basis which might not comply with the criteria of sole source and contract amount determined on a contingency fee basis
  • non-declaration of conflicts of interest by employees and tenderers giving rise to a risk of undue influence
  • contract information not reflected correctly in the reporting system

These matters are being investigated and will be disclosed in a subsequent period should they prove to be irregular.

n) Relevant authority for condonations

Condonations are currently approved by the relevant internal governance committee unless it is specifically required to be approved by National Treasury. Eskom is awaiting clarification from National Treasury on whether a relevant government department responsible for a particular piece of legislation must approve condonation of a breach relating to that legislation.

 

52.2 Fruitless and wasteful expenditure

a) Incidents of fruitless and wasteful expenditure above the materiality threshold

There was one (2016: one) major incident of fruitless and wasteful expenditure incurred by the group during the year that exceeded the materiality threshold of R25 million. This matter is carried forward from 2016.

Fruitless and wasteful expenditure incurred by the quality management department

An investigation by an independent external party confirmed fruitless and wasteful expenditure estimated at R510 million compared to the original estimate of R886 million reported in the previous financial year. Refer to 52.1(h).

b) Incidents of fruitless and wasteful expenditure below the materiality threshold

Total fruitless and wasteful expenditure which individually or collectively (where items are closely related) were below the materiality threshold was R37 million (2016: R93 million) comprising 210 (2016: 655) incidents of which 10 incidents accounted for R22 million. Management continues to institute preventive and corrective measures, including disciplinary action, as considered appropriate.

c) Fruitless and wasteful expenditure under investigation

There are currently 84 incidents of alleged fruitless and wasteful expenditure under investigation, of which none is expected to exceed the materiality threshold of R25 million. The nature and extent of potential losses incurred cannot be reasonably ascertained at this stage. It is important to note that these are allegations and many of these occurrences may not qualify as fruitless and wasteful expenditure upon conclusion of the investigations.

 

52.3 Criminal conduct

a) Theft of conductors, cabling and related equipment

Losses due to conductor theft, cabling and related equipment totalled R70 million (2016: R85 million), involving 5 734 incidents (2016: 5 161 incidents). Actions to combat these losses are managed by the Eskom Network Equipment Crime Committee in collaboration with other affected state-owned companies and the South African Police Services. The combined effort resulted in 235 (2016: 229) arrests and R5 million (2016: R5 million) worth of stolen material was recovered.

b) Fraud

Eskom concluded 15 (2016: 14) investigations into fraud during the reporting period involving R24 million (2016: R33 million), including a R2 million loss due to criminal conduct on the quality management matter. Refer to note 52.1(h). The existing internal control measures in the affected areas as well as similar areas have been reviewed and enhanced. Disciplinary, criminal as well as civil proceedings have been instituted against those involved.

c) Non-technical revenue losses

Non-technical losses are estimated at R1.3 billion (2016: R1.2 billion). These arise mainly from meter tampering and bypasses, illegal connections to the electricity network and illegal vending of electricity.

Interventions to reduce non-technical energy losses:

• • implementation of technologies in the form of smart/split meters with protective enclosures to prevent access to the meter
  • disconnection of illegal connections, meter tampers and imposition of penalties (tamper fines)
  • estimation and recovery of revenue for historic unaccounted energy where tampered metering installations are encountered
  • revision of supply group codes on prepaid meters to prevent the use of illegal prepaid vouchers
  • investigations and prosecution of criminals perpetrating electricity theft through the sale of illegal prepaid vouchers, illegal electrification and meter tampering services
  • customer education, social mobilisation and partnership campaigns to drive behaviour change

Reply:

In terms of the governance framework, particularly the Significance and Materiality Framework which cascades into each Company’s Delegation of Authority Framework, qualitative and quantitative thresholds are set and may be delegated to a Committee by the main Board.

ALEXKOR SOC LIMITED

The Alexkor Board is responsible for final decisions on tenders, as recommended by the Tender committee for Tenders above R 10 million.

DENEL SOC LIMITED

The Sub Committees of the Denel SOC Ltd Board do not make final decisions on tenders.

ESKOM SOC LTD

Yes, the Eskom Board Tender Committee (BTC) makes final decisions on tenders.

Eskom BTC assists Board in discharging their duties regarding procurement. This authority is delegated to the Eskom Board Tender Committee (BTC) by Eskom Board, in terms of the Eskom Delegation of Authority Policy as well as the mandate as contained in the Terms of Reference of the Committee approved by the Board.

SAFCOL SOC LIMITED

The South African Forestry Company SOC Limited has as at date of this response not had any Board Subcommittee carrying this responsibility.

SAX SOC LIMITED

The Procurement Committee/ Board Sub-Committee recommends all tender submissions to the Board for final approval.

TRANSNET SOC LTD

There are delegated authorities relating to limits that can be approved at various levels.

Remarks: Reply: Approved / Not Approved

Mogokare Richard Seleke Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Reply:

a) I did not know of the specified person.

b) Please refer to the answer (a) above. The person was identified through the Board appointment process specified in (d).

c) Please refer to the answer (a) above. The person was recommended/nominated by Mr Bayanda Qiniselani Mzoneli.

d) The Board appointment process is as follows:

(i) An advertisement is issued inviting nominations of suitable persons for appointment to the Boards of the SOC within the DPE portfolio. In this instance, the advertisement went out in October 2014.

1. Suitable candidates are decided on the basis of qualifications and expertise, skills, experience and business acumen.
2. A nomination form must be filled in with personal information, qualifications, skills, experience, and the sector of interested indicated.
3. All people that have responded are put on a database maintained by the Department. The database is consulted whenever a vacancy arises on any of the DPE SOC Boards. The list is updated every two years through a call for nominations, in the media.

(ii) The advertisement is followed by evaluation of the candidates against the criteria of qualifications, skills and experience specified and a long list is determined to determine the people who qualify for consideration.

(iii) The short list is then presented to the Minister for her consideration and approval. In this regard, the list can be revised depending on the Minister’s satisfaction with list provided.

(iv) Finally, the proposed short list of candidates approved by the Minister is presented to Cabinet for approval.

 

Remarks:			Reply: Approved / Not Approved
Mr Mogokare Richard Seleke			Ms Lynne Brown, MP
Director-General			Minister of Public Enterprises
Date:			Date:

Reply:

Refer to table below:

No.	Name of Entity	(a) Opening for the board positions	(b) Closing for board positions
1.	Amatola Water	The Board of Amatola Water was appointed in February 2016.	The term of office of the Board expires in 2020.
2.	Bloem Water	The Board of Bloem Water was appointed in April 2014.	The term of office of the Board expires in 2018.
3.	Lepelle Northern Water	The Board of Lepelle Northern Water was appointed in April 2016	The term of office of the Board expires in 2020.
4.	Magalies Water	The Board of Magalies Water was appointed in April 2014.	The term of office of the Board expires in 2018.
5.	Mhlathuze Water	The term of office of the Board was terminated in April 2017. The acting Chief Executive was appointed as the Accounting Authority in terms of Section 49(2) of the Public Finance Management Act, 1999 (Act No.1 of 1999) as amended.	The process for the appointment of a new Board has commenced.
6.	Overberg Water	The term of office of the Board was terminated in June 2017. The acting Chief Executive was appointed as the Accounting Authority in terms of Section 49(2) of the Public Finance Management Act, 1999 (Act No.1 of 1999) as amended.	Process for the appointment of a new Board has commenced.
7.	Rand Water	The Board was appointed in April 2014.	The term of office of the Board expires in 2018.
8.	Sedibeng Water	The Board was appointed in April 2017.	The term of office of the Board expires in 2021.
9.	Umgeni Water	The term of office of the Board was terminated in June 2017. The acting Chief Executive was appointed as the Accounting Authority in terms of Section 49(2) of the Public Finance Management Act, 1999 (Act No.1 of 1999) as amended.	The process for the appointment of a new Board has commenced.
10.	Trans-Caledon Tunnel Authority (TCTA)	The Board of the TCTA was appointed in December 2015.	The term of office of the Board expires in 2018.
11.	Water Research Commission (WRC)	The Board of the WRC was appointed in 2016.	The term of office of the Board expires in 2020
12.	Inkomati-Usuthu CMA	The Board of Inkomati-Usuthu CMA was appointed in 2014	The term of office of the Board expires in 2018
13.	Breede-Gouritz CMA	The Interim Board of Breede-Gouritz CMA was appointed in 2014	The term of office of the Board expires in 2018

---00O00---

Reply:

There was no requirement for South Africa to submit a report to the January AU Summit.  However, South Africa has taken several measures and has acted strongly against the scourge of illicit financial flows, both at domestic and international levels.

Domestically, we have taken several steps to tighten the existing laws. These include:

• Signing into law the Financial Intelligence Centre Amendment Act, 2017. This Act addresses, amongst others, a full range of customer due diligence (CDD) requirements which are focussed on understanding customers better; Beneficial ownership, which requires institutions to know and understand the natural persons who ultimately own or exercise control over legal entities or structures; Prominent (influential) Persons, which requires institutions to better manage risks relating to relationships with prominent persons; and Freezing of assets, in terms of targeted financial sanctions against persons identified by United Nations Security Council in terms of various sanctions regimes.
• The Financial Intelligence Centre (FIC) and the National Treasury are undertaking a review of the list of scheduled (accountable and reporting) institutions to strengthen reporting from such institutions in sectors susceptible to being abused for the laundering and illicit financial flows.
• The FIC is also partnering with the Department of Home Affairs, SARS Customs and the South African Police Services, in a Task Team which has been established to conduct a pilot project for the cash declaration reporting at ports of entry and exit.
• The National Treasury is also chairing a forum consisting of the SA Reserve Bank, FIC, Financial Services Board and SARS to improve coordination and sharing of information on illicit financial flows. It is envisaged that this forum will be formalised under the Anti-Money Laundering and Combating of Terrorist Financing (AML/CFT) Inter-Departmental Committee that the Director-General of National Treasury is in the process of establishing as a replacement of the Counter Money-Laundering Advisory Council, which was abolished by the amendments to the FIC Act.

At an international context we have also signed multilateral agreements:

• Automatic Exchange of Financial Accounts Information, also known as Common Reporting Standard, which forms basis for automatic annual exchange information on offshore accounts to tax authorities of the residence country of account holders. It is intended to make it more difficult for taxpayers to hide their assets abroad. South Africa is amongst the first 60 countries that have commenced the first automatic exchanges on 1 September 2017 and has already activated bilateral exchange relationships with 48 of the 60 countries;
• Transfer Pricing Country-by-Country (CbC), which provides tax administrations a global view of the operations of multinational enterprises and provide tax authorities with necessary information to enable them to make a high level risk assessment and to determine whether they should conduct a tax audit.  South Africa will receive the first CbC Reports on 31 December 2017; and
• To date South Africa has over 79 tax treaties in place and the signing of the Multilateral Instrument (MLI) by South Africa automatically amended 44 of the 79 tax treaties and this number is expected to grow as more countries sign the MLI.
• Currently, 71 countries have signed the MLI, with Nigeria, Mauritius and Cameroon being the latest to sign. The MLI will swiftly implement a series of tax treaty related Base Erosion and Profit Shifting (BEPS) measures to update the existing network of bilateral tax treaties and reduce opportunities for tax avoidance by multinational enterprises.

This responsibility lies with the African Union and its 2015 Summit decision, on the report of the High Level Panel, directed the AU Commission to mount a diplomatic and media campaign for the return of illicitly out-flown assets.