Questions and Replies
10 October 2017 - NW2275
Mhlongo, Mr P to ask the Minister of Police
What is (a) the number of black-owned security companies, meaning 51% black ownership in each case and (b) their share (i) of the overall income of the security industry and (ii) in employment in the specified industry?
Reply:
The current database cannot give the breakdown of such information however it reflect that the majority of the companies are black owned.
10 October 2017 - NW2277
Mhlongo, Mr P to ask the Minister of Police
Have investigations been conducted into the involvement of owners and employees of the security industries in (a) human rights violations in South Africa during Apartheid and/or (b) human rights violations in other countries; if not, why not; if so, what are the relevant details?
Reply:
(a) The purpose of the Private Security Industry Regulation Act 56 of 2001 is to provide for the regulation of the private security industry. The purpose of the PSiR Act is to establish a regulatory Authority and to provide for matters connected with the regulation of the industry.
The primary object of PSiRA is to regulate the private security industry and to exercise effective control over the practice of the occupation of security service providers in the public and national interest and the interest of the private security industry itself.
Basic to the regulation of the security industry is the requirement that all those who fall within the definition of “security service provider” and who propose to render a “security service”, must comply with registration procedures and be registered before becoming active in the industry. The PSiR Act therefore set reasonable and appropriate registration requirements that must be satisfied by applicant security businesses, their owners as well as all security officers. The basic object of these registration requirements is to achieve a trustworthy, legitimate and competent private security industry which has the effect that not all applicants will be able to secure legitimate entry to the industry and that the admission to or exclusion from the industry is based on proper grounds.
One of the registration requirements is that a person may not have been convicted of a criminal offence as highlighted in a Schedule to the PSiR Act. Any person convicted of a Scheduled offence will be disqualified from registration. In addition, a person found guilty of a Scheduled offence after registration as a security service provider, registration may be withdrawn by the PSiRA. The PSiR Act therefore provides for screening of all persons prior to registration in order to eliminate undesirable individuals from entering the industry in the first place. Part of this screening also includes an official clearance certificate for any ex-members of any official military, security, police or intelligence force or service (in or outside the Republic) to determine whether the applicant is fit and proper.
In addition, the conduct of the private security industry is also regulated in terms of a statutory Code of Conduct for Security Service Providers, 2003, made in terms of section 28 of the Act. This Code provides for rules and obligations a security service provider has towards the state security agencies, the public, clients, etc. Any contravention of the Code constitute improper conduct and a security service provider convicted, are subject to a variety of penalties or sanctions which includes withdrawal of registration as a security service provider or a fine of up to R1 million per count.
The PSiRA has not convicted any security service provider for human rights violations during apartheid but have generally prosecuted security service providers for human rights offences conducted in the course of their deployment as security officers. This is particularly in cases where security officers abuses their powers and the use of disproportioned force.
(b) As far as violations in other countries are concerned, and although the PSiR Act do have extraterritorial application, there are limitations in the Act. These limitations are being addressed in the Private Security Industry Amendment Act, which is currently with the President for promulgation
10 October 2017 - NW2542
Esau, Mr S to ask the Minister of Police
(1) What number of (a) officers and (b) vehicles for visible policing does the Rabie Ridge Police Station in Gauteng have for each of its sectors; (2) What is the minimum number of (a) officers and (b) vehicles for visible policing that are supposed to be allocated to any sector; (3) (a) What is the shortfall of (i) officers and (ii) vehicles for visible policing at the specified station and (b) by what date will the specified station receive its full complement in each case?
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.
09 October 2017 - NW2177
Baker, Ms TE to ask the Minister of Water and Sanitation
Whether the report of the Motau Task Team that was set up by her to investigate procurement irregularities has been finalised; if not, (a) why not and (b) on what date is it expected to be finalised; if so, will she furnish Ms T E Baker with a copy of the specified report?
Reply:
Requesting Honorable Member to refer to the response provided in NA 1666 of 9 June 2017.
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09 October 2017 - NW2594
Sonti, Ms NP to ask the Minister of Social Development
When the application are dates (a) opening and (b) closing for the board positions of all entities and councils reporting to her?
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
09 October 2017 - NW2804
Grootboom, Mr GA to ask the Minister of Arts and Culture
(1)(a) What was his department’s mandate regarding the completion of the Enyokeni project and (b) what financial obligations were set; (2) whether the (a) mandate and (b) financial obligations were met; if not, in each case, why not; if so, what are the relevant details in each case?
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.
09 October 2017 - NW2426
Carter, Ms D to ask the President of the Republic
Whether, with reference to his reply to question 2278 on 11 November 2016, a certain family (name furnished) made monetary contributions towards the home loan of a certain person (name furnished); if not, what is his position in this regard; if so, what are the relevant details?
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.
09 October 2017 - NW2018
Wilson, Ms ER to ask the Minister of Social Development
With reference to Tender No. 42/15/GA awarded by the SA Social Security Agency for the provision of services to Project Mikondzo, (a) what payments have been made to certain companies (names furnished) since they were accredited as service providers and (b)(i) for which events and/or services and (ii) on what dates were the payments made in each case?
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 |
09 October 2017 - NW2161
Marais, Mr EJ to ask the Minister of Public Enterprises
Given the qualified audit opinion of R 2996 million in irregular expenditure shown on page 22 of Eskom’s 2016/17 annual financial statements, (a) what is the itemised cost breakdown of this irregular expenditure with supplier names for each item, (b) how was the R2996 million expenditure processed without supporting documentation given that the systems do not allow it, (c) what disciplinary measures have been instituted against individuals implicated in this irregular expenditure and (d) what measures is Eskom implementing to prevent this from reoccurring? TO:Mogokare Richard Seleke DIRECTOR-GENERAL FROM :Justin De Allende RE:PARLIAMENTARY QUESTION NO 2161 DATE:4 August 2017 ================================================================ To provide the Minister with a response to Parliamentary Question Number 2161 COVER MEMO AND THE PACKAGING OF PQ BY: Department of Public Enterprises ………………………………. Acting Deputy Director-General Date: COMMENTS: ……………………………………….. ………………………………… Mogokare Richard Seleke Director-General Date: APPROVED/DECLINED/COMMENTS ………………………………………….. ………………………………………….. …………………………………………. DEPARTMENT: PUBLIC ENTERPRISES REPUBLIC OF SOUTH AFRICA NATIONAL ASSEMBLY QUESTION FOR WRITTEN REPLY QUESTION NO.:PQ 2161 DATE OF PUBLICATION: 4 August 2017 Mr E J Marais (DA) to ask the Minister of Public Enterprises: Given the qualified audit opinion of R 2996 million in irregular expenditure shown on page 22 of Eskom’s 2016/17 annual financial statements, (a) what is the itemised cost breakdown of this irregular expenditure with supplier names for each item, (b) how was the R2996 million expenditure processed without supporting documentation given that the systems do not allow it, (c) what disciplinary measures have been instituted against individuals implicated in this irregular expenditure and (d) what measures is Eskom implementing to prevent this from reoccurring? 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 SelekeMs. 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. 52.1Irregular 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) Irregular expenditure (continued) 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. 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. 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 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. 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. 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. 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. 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 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. 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. 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. 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. 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. 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. Fruitless and wasteful expenditure 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). 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. 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. Criminal conduct 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. 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. 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:
(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
09 October 2017 - NW1823
Moteka, Mr PG to ask the Minister of Public Enterprises
Whether she has found that it is common practice for the subcommittees of the boards within entities reporting to her to make final decisions on tenders; if so, which entities have board subcommittees that make final decisions on tenders?
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:
09 October 2017 - NW2019
Wilson, Ms ER to ask the Minister of Social Development
(a) How many events of Project Mikondzo were held in the 2016-17 financial year, (b) on what date(s) did each event take place, (c) in which (i) province, (ii) municipality and (iii) ward did each event take place and (d) what was the total cost of each event?
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
09 October 2017 - NW1987
Khawula, Ms MS to ask the Minister of Water and Sanitation
How many litres of water are lost annually due to leaks in each province?
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---
09 October 2017 - NW2805
Grootboom, Mr GA to ask the Minister of Arts and Culture”
1. What is the total number of libraries in Mpumalanga that do not have qualified librarians; 2. whether his department advertised these positions; if not, why not; if so, (a) which positions were advertised, (b) in which publications were the vacancies advertised, (c) on what dates were the vacancies advertised and (d) what number of applications were received as a response to the specified advertisements? NW3112E
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.
09 October 2017 - NW2674
Kwankwa, Mr NL to ask the President of the Republic
(1) Whether, in light of the decision of the African countries in 2012 to establish a Continental Free Trade Area (CFTA) by October 2017, which was reconfirmed in Addis Ababa in November 2016, in order to boost intra-Africa trade, the country has taken any steps to ensure that member countries in the Common Market for Eastern and Southern Africa receive the same revenue they derive from the current free trade agreement even after the new agreement has come into effect; if not, why not; if so, what are the relevant details; (2) what steps has the country taken to ensure (a) the finalisation of this process and (b) that, unlike most free trade agreements, the CFTA does not skew trade and development in favour of the more developed countries on the continent? NW2980E
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.
09 October 2017 - NW1582
Madisha, Mr WM to ask the Minister of Public Enterprises
In view of her appointment of a certain person namely Mr Thamsanqa Msomi to the Board of Denel, (a) did she know of the specified person, (b) who introduced the person to her, (c) who recommended the appointment of the person to the board of the specified institution and (d) what criteria did she use to appoint the person to the specified board?
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.
- Suitable candidates are decided on the basis of qualifications and expertise, skills, experience and business acumen.
- A nomination form must be filled in with personal information, qualifications, skills, experience, and the sector of interested indicated.
- 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: |
09 October 2017 - NW2552
Madisha, Mr WM to ask the President of the Republic
(1) Whether radical economic transformation is the Government’s official economic policy; if not, what is the position in this regard; if so; (2) whether, with reference to his advocacy of the radical economic transformation policy as well as his role in leading the country into the Brazil, Russia, India, China and South Africa economic partnership, he has at any stage found his life to be under threat as a result of poisoning attempts; if so, (a) who conspired to poison him, (b) did he commission any investigations in this regard and (c) what are the further relevant details?
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.
09 October 2017 - NW2272
van der Merwe, Ms LL to ask the Minister of Social Development
(1)Whether, with regard to the resignation of the former CEO of the SA Social Security Agency, the specified person was forced to resign; (2) did the specified person sign a confidentiality clause prohibiting him from disclosing the reasons pertaining to his resignation; if not, what are the relevant details; if so, why? NW2505E
Reply:
(1)The employment contract of the former CEO was terminated by way of mutual consent.
(2) Refer to 1.
09 October 2017 - NW2592
Khawula, Ms MS to ask the Minister of Water and Sanitation
When are the application dates (a) opening and (b) closing for the board positions of all entities and councils reporting to her?
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---
09 October 2017 - NW2563
Kwankwa, Mr NL to ask the President of the Republic
What steps did South Africa as Chair of the Southern African Development Community (SADC) Organ on Politics, Defence and Security Co-operation from 2016 until August 2017 take after President Kabila and the Electoral Commission announced that the elections will no longer be held in 2017 and that President Kabila will stand for re-election on an election date to be determined contrary to the December 2016 agreement signed by the government of the Democratic Republic of Congo (DRC) led by President Joseph Kabila, the opposition parties led by the Union for Democracy and Social Progress and civil society organisations aimed at averting a slide into anarchy and civil war in the DRC, which requires President Kabila, whose term of office expired in December 2016 to step down after the elections that must take place before the end of 2017 and (b) did the Government of South Africa take any steps to quell the violence that erupted in the DRC immediately after the violation of this agreement, in order to ensure peace and stability in the region?
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:
- 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;
- 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;
- The process of updating the voters’ register should be expedited and finalised within the time line to be agreed upon by the stakeholders;
- 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;
- 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
- 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:
- 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;
- 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);
- called upon the International Community to support the DRC in the electoral processes that are expected to facilitate peaceful and successful elections; and
- 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.
09 October 2017 - NW2844
Maimane, Mr MA to ask the President of the Republic
Whether he intends to heed the call for 16 August to be declared a commemorative day to be observed annually, in honour of those workers who lost their lives on 16 August 2012 in Marikana; if not, why not; if so, what are the relevant details?
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.
09 October 2017 - NW2088
Mashabela, Ms N to ask the Minister of Public Enterprises
Whether (a) her department and/or (b) any entities reporting to her are funding, including by way of discretionary funding, any institution of research and development (i) domestically and/or (ii) internationally; if so, (aa)(aaa) what are the names of the specified institutions and (bbb) what are their functions, (bb) from what date has her department or any entity reporting to her been funding them and (cc) what amount has her department contributed towards such funding? NW2310E
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
DENEL SOC LIMITED
|
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
- 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:
09 October 2017 - NW2565
Kwankwa, Mr NL to ask the President of the Republic
In light of the fact that no African country submitted a report at the 28th Summit of the African Union (AU) held in January, which required that all African countries present reports on the measures they have undertaken to implement the recommendations of the report of the High Level Panel on Illicit Financial Flows from Africa that was submitted to the AU by the former President Mr Thabo Mbeki, in 2015 (a) what measures has South Africa taken to respond to the challenge of illicit financial flows from South Africa, (b) whether South Africa has since taken steps to encourage other African countries to submit their reports and (c) why did South Africa fail to submit its illicit financial flows report at the specified summit?
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.
09 October 2017 - NW2562
Kwankwa, Mr NL to ask the President of the Republic
(1) What is the position of the Government of South Africa with regard to the resolutions taken at the 28th African Union (AU) Summit held in January 2017 to (a) re-admit Morocco to the AU, although this was in violation of the Constitutive Act of the AU and (b) adopt the Kagame Report on AU Reform without it having been discussed by member states prior to the specified summit; (2) whether the Government supported the adoption of the Kagame Report; if not, why not; if so, what are the relevant details? NW2822E
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.
09 October 2017 - NW2125
Masango, Ms B to ask the Minister of Social Development
(1)Whether she has been informed of any threats levelled against a certain person (name and details furnished); if so, (a) when was she informed, (b) by whom and (c) what are the relevant details related to the threats; (2) did she take any steps to ensure the provision or procurement of security services for the protection of the specified person in light of these threats; if not, why not; if so, what are the relevant details; (3) (a) what was the rationale informing the decision to terminate the specified person’s contract and (b) will she furnish Ms B S Masango with the record of decision informing the termination of the person’s employment contract; (4) what is the (a) total monetary value and (b) the breakdown of the value of the severance package awarded to the specified person? NW2356E
Reply:
(1) No (a) Not Applicable (b) Not Applicable (c) Not Applicable
(2) No. Refer to 1
(3) The employment contract was terminated by way of mutual agreement
06 October 2017 - NW2634
Kalyan, Ms SV to ask the Minister of Home Affairs
Whether an official from her department was present at the Waterkloof Airport to process the passports and travel documents of passengers embarking on the aircraft carrier Z-WPE (a) on its arrival on 16 August 2017 at 19:11 pm and (b) on its departure on 20 August 2017 at 01:19 am; if not, why not in each case; if so, (i) what is the (aa) full name and (bb) professional designation of the official concerned, (ii) what are the (aa) full names, (bb) passport number and (cc) nationality of every individual whose passport or travel documents were processed and (iv) when was the official notified that his presence at the airport is required?
Reply:
A. Whether an Official from department was present at Waterkloof Airport On its arrival on 16 August 2017 at 19:11 pm
Officials from the Department of Home Affairs were present during the embarking of the Aircraft carrier Z-WPE on its arrival
B. Whether an Official of the department was present during the departure of Z-WPE on 20 August 2017 at 01:19 am.
Officials from the Department of Home Affairs were also present during the departure of Z-WPE on 20 August 2017 at 01:19 am
(aa) Full name
Full names: David Dihele
Full names: Busi Nkambule
Full names: Molefe Machaba
(bb) Professional designation:
As per (aa) above, the professional designations are:
Professional Designation: Chief Immigration Officer
Professional Designation: Chief Immigration Officer
Professional Designation: Immigration Officer
(cc) The nationality of every individual whose passport or travel documents were processed
All individuals processed were Zimbabwean Nationals on arrival we processed 45+1=46 Pax and on departure it was 57+ 1 =58 Pax
(iv) When was the officials notified that his presence at the airport is required?
The Officials have been part of planning for the SADC Summit. The Office has been planning the summit from June.2017. There was a permanent deployment of immigration Officers for the duration of the summit from 11-22 August.2017.
Remarks: Reply: Approved / Not Approved
Mkuseli Apleni Prof. Hlengiwe Mkhize, MP
Director-General Minister of Home Affairs
Date: Date:
06 October 2017 - NW2731
Ross, Mr DC to ask the Minister of Finance
Whether a certain company (Jim Aviation SA) plays any role with regard to the contract concluded between SA Airways Technical and a certain company (Allen Aircraft Radio Corporation); if so, (a) what are the full details of the (i) role that the specified company is playing and (ii) value of its involvement in the specified contract and (b) who are the (i) directors and (ii) shareholders of the specified company?
Reply:
JM Aviation was, as at the time of the tender submission, and still is a BEE partner of AAR. SAA is not privy to the commercial agreement between AAR and JM Aviation and thus is not in a position to respond to the specifics around each party’s role with regard to the contract concluded between SAAT and AAR/JM Aviation. SAAT’s interactions in accordance with the contract are through a dedicated individual who is tasked with the client liaison and quarterly contract review.
a.(i) Not applicable.
a.(ii) Not applicable.
b.(i) Miss M.V. Sokhulu
Miss I.N. Louw
Mr V.A. Ndzeku
Mr J. Aires
b.(ii) Miss M.V. Sokhulu: 35%
Miss I.N. Louw: 30%
Mr V.A. Ndzeku: 20%
Mr J. Aires: 15%
06 October 2017 - NW2710
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
(a) What is the total number of official international trips that the National Director of Public Prosecutions, Mr Shaun Abrahams, undertook since 16 June 2015 and (b) what was the (i) destination, (ii) purpose, (iii) cost of flights, (iv) cost of accommodation, (v) name of each hotel where the specified person stayed and (vi) total of subsistence costs incurred in each case for (aa) the specified person and (bb) each accompanying person?
Reply:
a) The National Director of Public Prosecutions has informed me that he undertook 15 international trips since 16 June 2015.
b) The tables link below give details of the international trips undertaken by the NDPP and accompanying persons:
http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW2710TABLE.pdf
06 October 2017 - NW2633
Kalyan, Ms SV to ask the Minister of Home Affairs
Was notice of an RSA05 clearance for the flight that (a) arrived at Waterkloof Air Force Base from Harare on or about 16 August 2017 and (b) departed from Waterkloof Air Force Base to Harare on or about 20 August 2017 received by her department; if so (a) who approved the clearance and (b) on what basis was the clearance done?
Reply:
The Department of Home Affairs is not responsible for the clearance of any flights.
Remarks: Reply: Approved / Not Approved
Mkuseli Apleni Prof. Hlengiwe Mkhize, MP
Director-General Minister of Home Affairs
Date: Date:
06 October 2017 - NW2505
Chance, Mr R to ask the Minister of Small Business Development
Whether, with reference to her reply to question 1966 on 10 August 2017, her department has set targets for the country to achieve using the Global Entrepreneurship Monitor’s index known as the Total Early Stage Entrepreneurial Activity rate, which measures start-up activity in a country’s ecosystem; if not, (a) why not and (b) by when will targets be set; if so, what are the relevant details?
Reply:
No, the Department of Small Business Development (DSBD) has not set targets for the country to achieve a particular rate using the Global Entrepreneurship Monitor’s (GEMS) index known as the Total Entrepreneurial Activity rate, which measures start-up activity in a country’s entrepreneurship ecosystem.
a) The Global Entrepreneurship Monitor is not the only source of data which can be used to determine early stage entrepreneurial activity. The DSBD is therefore, not only limited to this source of data as a tool to measure nor determine the entrepreneurial activity rate. The DSBD will continue to consider other relevant research available to enhance its work.
b) The DSBD is in the process commissioning a “2016 Annual Review on the status of Small Business and Cooperatives in South Africa”. The findings from this research will determine a decision whether there is a need for target setting of early stage entrepreneurial activity.
06 October 2017 - NW2709
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
Whether the National Prosecuting Authority (NPA) is currently investigating a case of alleged fraud committed by seven individuals who were arrested in Heidelberg, Gauteng, for being in possession of SA Social Security Agency cards of private individuals who were receiving social grants; if not, why not; if so, (a) on what date was the case handed to the NPA by the SA Police Services and (b) what (i) is the current status of the investigation and (ii) steps have been taken to date with regard to the investigation; (2) whether the NPA launched any disciplinary action against a certain person (name and details furnished) for allegedly defeating the ends of justice after refusing to prosecute the case of alleged fraud; if not, why not; if so, what are the relevant details?
Reply:
1. The National Director of Public Prosecutions has informed me that the National Prosecuting Authority (NPA) is not investigating this matter. The power to investigate this case resorts with the South African Police Service (SAPS), who are investigating the matter.
The SAPS investigating docket was handed to the National Prosecuting Authority (NPA) on 3 May 2017 after which guidance was provided to the investigating officer on aspects relating to the investigation after which the docket was returned to the SAPS. The docket has not yet been resubmitted to the NPA as the investigation is yet to be concluded.
2. The SAPS approached the Senior Public Prosecutor with concerns regarding the manner in which the matter was dealt with. The Chief Prosecutor subsequently investigated the allegations and was satisfied that the prosecutors had provided the necessary guidance and had taken the appropriate steps in the circumstances of that matter. The Chief Prosecutor advised that no further steps were warranted.
06 October 2017 - NW2675
Matiase, Mr NS to ask the Minister of Justice and Correctional Services
(a) What processes and systems has his department put in place to ensure maximum public participation and commentary on the South African Law Reform Commission Report on Sexual Offences: Adult Prostitution, (b) what are the details of how public participation will take place and (c) what are the timelines for public participation and commentary on the report?
Reply:
(a) and (b) The Report on Adult Prostitution (Project 107) of the South African Law Reform Commission (the Report) was released into the public domain on 26 May 2017. The public and interested parties may consider and comment on the Report. The Department of Justice and Constitutional Development is embarking on the consultation process with internal governmental stakeholders on the legislative and non-legislative interventions due to the cross cutting impact of the recommendations. This internal process will consider the recommendations in a holistic and coordinated manner. A public participation process will be followed to facilitate debate and input from members of the public.
(c) The Department has indicated that this process of internal consultation will begin in October 2017. This process will be extensive as it must delve into all aspects of the implementation of the non-legislative recommendations. I will thereafter receive a report from the Department which will enable me to make a decision on the introduction of legislation.
06 October 2017 - NW2586
Matiase, Mr NS to ask the Minister of Justice and Correctional Services
When are the application dates (a) opening and (b) closing for the board positions of all entities and councils reporting to him?
Reply:
In respect to the entities reporting to me, I have been informed as follows:
1. Legal Aid South Africa:
There are no application dates for members. The members of the Board are appointed by the Minister in terms of the Legal Aid South Africa Act, 2014 (Act No. 39 of 2014). The Board of Legal Aid South Africa is fully constituted. As a result, there are no Board vacancies currently.
2. Council for Debt Collectors:
There are no applications dates set for positions on the Council for Debt Collectors. In terms of the Debt Collectors Act, 1998 (Act No. 114 of 1998), 10 Council members are appointed by the Minister of Justice and Correctional Services, of which 7 members are appointed based on nominations received from the debt collection industry, law society of South Africa, Magistrates commission and an institution representing consumer interests. The Chairperson and 2 remaining members are appointed in the Ministers discretion.
In terms of section 3(4) of Act No. 114 of 1998, a member of the Council holds office for a term, not exceeding three years, determined by the Minister at the time of the member's appointment. The section also provides that a member may be reappointed at the expiration of his or her term of office.
3. South African Law Reform Commission:
Section 3 of the South African Law Reform Act, 1973 (Act No. 19 of 1973) provides for the appointment of the Commissioners by the President and does not require the prospective Commissioners to apply for these positions.
4. Special Investigating Unit
The Special Investigating Unit does not have a Board as it is a Schedule III Public entity, with the Accounting Authority fulfilling the role of the Board.
5. Rules Board for Courts of Law
There are no applications dates set for positions of the Rules Board as the Board is accountable to the Minister in terms of the Act. The Minister appoints when there is a vacancy and/or prior to the expiry of the terms of the Board.
06 October 2017 - NW2596
Mokoena, Mr L to ask the Minister of Mineral Resources
When are the application dates (a) opening and (b) closing for the board positions of all entities and councils reporting to him?
Reply:
When are the application dates (a) opening and (b) closing for the board positions of all entities and councils reporting to him? |
|||
(a) |
(b) |
||
b)Entities |
CGS |
7 September 2016 |
21 September 2016 |
MINTEK |
21 February 2016 |
06 March 2016 |
|
SDT |
21 February 2016 |
06 March 2016 |
|
SADPMR |
21 February 2016 |
06 March 2016 |
|
MHSC |
9 September 2016 |
23 September 2016 |
Approved/Not Approved
Mr MJ Zwane, MP
Minister of Mineral Resources
Date Submitted:-……………/………………/2017
06 October 2017 - NW2888
Gqada, Ms T to ask the Minister of Justice and Correctional Services
What is the detailed (a) breakdown of and (b) valuation for current and non-current assets and investments held by (i) his department and (ii) each entity reporting to him according to (aa) listed assets (aaa) directly held and (bbb) indirectly held and (bb) unlisted investments (aaa) directly held and (bbb) indirectly held by each of the entities, in each case breaking the current assets and investments down by 0-3 months, 3-6 months, 6-12 months and beyond 12 months?
Reply:
(a) & (b) (i) Department of Justice and Constitutional Development including National Prosecuting Authority
Breakdown |
Valuation (R’000) |
(aa) (R’000) |
(aaa) (R’000) |
(bbb) (R’000) |
(bb) (R’000) |
|
Current |
855 883 |
Zero |
855 883 |
Zero |
Zero |
|
Non-current |
445 170 |
Zero |
445 170 |
Zero |
Zero |
|
Investments:
|
Zero |
Zero |
Zero |
Zero |
Zero |
|
Total |
1 301 053 |
Zero |
1 301 053 |
Zero |
Zero |
A. The President Fund
Breakdown |
Valuation (R’000) |
(aa) (R’000) |
(aaa) (R’000) |
(bbb) (R’000) |
(bb) (R’000) |
|
Current |
57 551 |
Zero |
57 551 |
Zero |
Zero |
|
Non-current |
Zero |
Zero |
Zero |
Zero |
Zero |
|
Investments:
|
476 197 523 224 350 151 57 678 |
Zero |
Zero |
476 197 523 224 350 151 57 678 |
476 197 523 224 350 151 57 678 |
|
Total |
1 464 801 |
Zero |
57 551 |
1 407 250 |
1 407 250 |
B. The Guardian Fund
Breakdown |
Valuation (R’000) |
(aa) (R’000) |
(aaa) (R’000) |
(bbb) (R’000) |
(bb) (R’000) |
|
Current |
894 430 |
Zero |
894 430 |
Zero |
Zero |
|
Non-current |
Zero |
Zero |
Zero |
Zero |
Zero |
|
Investments:
|
5 000 668 2 424 495 4 351 694 62 524 |
Zero |
Zero |
5 000 668 2 424 495 4 351 694 62 524 |
5 000 668 2 424 495 4 351 694 62 524 |
|
Total |
12 733 811 |
Zero |
894 430 |
11 839 381 |
11 839 381 |
C. The Third Party Fund
Breakdown |
Valuation (R’000) |
(aa) (R’000) |
(aaa) (R’000) |
(bbb) (R’000) |
(bb) (R’000) |
|
Current |
805 972 |
Zero |
805 972 |
Zero |
Zero |
|
Non-current |
Zero |
Zero |
Zero |
Zero |
Zero |
|
Investments:
|
Zero |
Zero |
Zero |
Zero |
Zero |
|
Total |
805 972 |
Zero |
805 972 |
Zero |
Zero |
(ii) The following entities have reported as follows:
A. Legal Aid South Africa:
(a) Breakdown of current, non-current assets and investments
(aa) and (bb) Legal Aid SA neither has listed assets nor unlisted investments
(aaa) Legal Aid SA directly holds the following assets:
Current assets |
|
1. |
Trade and other receivables |
2. |
Prepayments |
3. |
Deposits |
4. |
Inventories |
5. |
Cash and cash equivalents |
Non-current assets |
|
1. |
Land |
2. |
Buildings |
3. |
Building improvements |
4. |
Computer equipment |
5. |
Furniture and equipment |
6. |
Fittings and fixtures |
7. |
Leasehold improvements |
8. |
Motor vehicles |
9. |
Finance leased assets |
10. |
Intangible assets |
Investments held |
|
1. |
None held |
(bbb) Legal Aid SA has no assets held indirectly.
(b) Valuation of current, non-current and investments held.
Legal Aid SA directly held the following assets as at 31 March 2017:
Current assets |
Amount |
|
1. |
Trade and other receivables |
|
0 – 3 months |
R5 902 188 |
|
3 – 6 months |
R54 667 |
|
6 – 12 months |
R136 166 |
|
Beyond 12 months |
R527 790 |
|
R6 620 810 |
||
2. |
Prepayments |
|
0 – 3 months |
R1 244 889 |
|
3 – 6 months |
R21 891 440 |
|
6 – 12 months |
R495 094 |
|
Beyond 12 months |
R936 897 |
|
R24 568 320 |
||
3. |
Deposits |
|
Beyond 12 months |
R1 661 651 |
|
R1 661 651 |
||
4. |
Cash and cash equivalents |
|
0 – 3 months |
R245 971 703 |
|
(cash set aside for creditors and provision for external legal practitioners who have been briefed. |
R245 971 703 |
|
5. |
Inventories |
|
0 – 3 months |
R1 664 789 |
|
R1 664 789 |
||
TOTAL |
R280 487 273 |
|
Non-current assets |
AMOUNT |
|
1. |
Land |
R3 556 000 |
2. |
Buildings |
R24 143 169 |
3. |
Building improvements |
R8 955 909 |
4. |
Computer equipment |
R58 544 938 |
5. |
Furniture and equipment |
R4 381 060 |
6. |
Fittings and fixtures |
R439 675 |
7. |
Leasehold improvements |
R10 690 249 |
8. |
Motor vehicles |
58 929 637 |
9. |
Finance leased assets |
R1 099 255 |
10. |
Intangible assets |
R5 684 942 |
TOTAL |
R176 424 834 |
Investments held |
||
1. |
None held |
B. Special Investigating Unit: see table link below:
http://pmg-assets.s3-website-eu-west-1.amazonaws.com/Doc1RNW2888SIU_TABLE.pdf
06 October 2017 - NW2398
Kruger, Mr HC to ask the Minister of Small Business Development
What is the status of the appointment of the Board of the National Small Business Advisory Council?”
Reply:
The National Small Business Advisory Body (The Council) is being established in terms of Section 2 of the National Small Business Amendment Act, 2003 (Act No. 26 of 2003) and the members of the Advisory Body are appointed by the Minister of Small Business Development in terms of Section 3(1) of the Act.
The Minister of Small Business Development invited nominations from the general public, small business organisations and interest groups in terms of Section 3(1) of the National Small Business Amendment Act to serve on the Advisory Body. From the nominations received, the Minister of Small Business Development is mandated to select amongst the list of nominees and appoint the members of the Small Business Advisory Body for a period of three years.
To date, the Panel approved by the Minister has finalised the process of shortlisting. All relevant documents and a shortlist of verified names by the DSBD Human Resource Directorate were submitted to the Minister for consideration of the appointment to the Council.
06 October 2017 - NW2890
Gqada, Ms T to ask the Minister of Mineral Resources
What is the detailed (a) breakdown of and (b) valuation for current and non-current assets and investments held by (i) his department and (ii) each entity reporting to him according to (aa) listed assets (aaa) directly held and (bbb) indirectly held and (bb) unlisted investments (aaa) directly held and (bbb) indirectly held by each of the entities, in each case breaking the current assets and investments down by 0-3 months, 3-6 months, 6-12 months and beyond 12 months?
Reply:
Assets held by the Department and each of the entities are disclosed on the Annual Financial Statements. Information required can therefore be obtained on the annual report tabled by the Department in September 2017 to Parliament. The annual report are the key reporting instruments for departments and its entities to report against the performance targets and budgets outlined in the strategic plans, read together with the ENE.
Approved/Not Approved
Mr MJ Zwane, MP
Minister of Mineral Resources
Date Submitted:-……………/………………/2017
06 October 2017 - NW2865
Bucwa, Ms H to ask the Minister of Higher Education and Training
(1)On what date will the investigation into the fraudulent obtaining of places in health sciences courses at various public universities be completed; (2) whether the findings of the specified investigation will be made public; if not, why not; if so, by what date?
Reply:
- The investigation is a two-pronged process, i.e. an institutional investigation and probe by law enforcement agencies. The internal process at the University of KwaZulu-Natal is expected to be completed by end of the year.
- The decision to make the internal investigation findings public rests with the Council of the university.
COMPILER/CONTACT PERSONS:
EXT:
DIRECTOR – GENERAL
STATUS:
DATE:
QUESTION 2865 APPROVED/NOT APPROVED/AMENDED
Dr BE NZIMANDE, MP
MINISTER OF HIGHER EDUCATION AND TRAINING
STATUS:
DATE:
06 October 2017 - NW2942
Macpherson, Mr DW to ask the Minister of Trade and Industry
Why did he not attend the opening of the first provincial One Stop Shop for InvestSA in Cape Town that was opened by the President of the Republic, Mr Jacob G Zuma?
Reply:
At the time, I was undergoing a medical procedure that disfigured my face. I was advised by my medical practioner to avoid high profile public events. The President agreed that, under the circumstances, the Ministry could be represented by the Deputy Minister.
06 October 2017 - NW2367
Alberts, Mr ADW to ask the Minister of Justice and Correctional Services
What number of cases has since 2010 between state law advisors as representatives of the State at all three levels of government and the public and contested as settlements agreed without the necessary mandate; (2) (a) what number of cases altogether has been settled in each (i) national and (ii) provincial department since 2010 and (b) what does the total for settlements amount to for each year from 1 January 2010 up to the latest specified date for which information is available?
Reply:
- I have been informed that there is only one (1) reported case since 2010 (For National and Provincial Departments).
- The Honourable Member should note that the Department of Justice and Constitutional Development has reported that: No data was collected during 2010/11 to 2014/15 financial years. The table below provides details of information captured from 2015/16 and 2016/17 financial years as well as the first quarter of the current (2017/18) financial year:
Verified data 2015/16 to 2016/17 for both National and Provincial Departments:
Year |
No. of matters settled |
Amount Claimed |
Amount Awarded |
2015/16 |
969 |
R1 330 597 548.02 |
R453 750 543.47 |
2016/17 |
787 |
R815 767 876.25 |
R347 354 310.86 |
Unverified data 2017/18 for both National and Provincial Departments:
Year |
No. of matters settled |
Amount Claimed |
Amount Awarded |
Quarter 1 |
275 |
R251 194 125 |
R112 552 023 |
06 October 2017 - NW2686
Matiase, Mr NS to ask the Minister of Justice and Correctional Services
What is the reason provided by the Master of the High Court in Cape Town for refusing to grant the Ndabeni Land Claim Trust their Letter of Authority despite being instructed to do so by the court?
Reply:
I have been advised that the Master is not in a position to appoint Trustees, and the reasons for not issuing the letters of authority are as follows:
a) The judgment and order have been taken on appeal, hence the operation and execution of the latter have been suspended; and
b) The application by the Trustees Elect in terms of Section 18 (3) of the Superior Courts Act 10 of 2013, to allow the order to be operational and executable pending the outcome of the appeal, was dismissed by the Full Bench of the Western Cape High Court.
06 October 2017 - NW2801
Mabika, Mr M to ask the Minister of Home Affairs
(1)Whether the Mbazwana Thusong Centre is officially authorised to close at 15H00 and send people away thereafter; if not, what is the position in this regard; if so; (2) whether she has found that there is staff shortage at the specified centre resulting in slow provision of services such as the collection of a document which takes the whole day?
Reply:
1. No, the office is not authorised to close at 15h00 as the Department’s offices official hours are 08h00 to 16h00 on weekdays. The Office Manager however, has discretion to decide on the queue cut off time depending on the number of clients on the day to be served. This depends on the number of clients already inside the office before closing time. This minimises the risk of clients refusing to leave the office at knock-off time and thus forcing the staff to perform unpaid overtime.
2. The office is short-staffed by one official currently and is operating with four officials. The standard norm for the staff compliment for a modernised office is a minimum of five officials. An additional post was approved for the office recently and the process of recruitment of the fifth official for the office has been completed and is awaiting approval of the appointment.
Remarks: Reply: Approved / Not Approved
Prof. Hlengiwe Mkhize, MP
Director-General Minister of Home Affairs
Date: Date:
06 October 2017 - NW2812
Vos, Mr J to ask the Minister of Home Affairs
(1)By what date will e-visas be implemented as a means to streamline tourist entry in the country; (2) (a) what are the names of the (i) countries and (ii) cities where Government has opened visa facilitation centres and (b) what are the (i) names of (aa) countries and (bb) cities where the Government plans to open visa facilitation centres in the future and (ii) timeframes in this regard?
Reply:
(1) By 30 March 2018 as a pilot phase.
(2)(a) Countries and Cities where Visa Facilitation Centers are opened as per the table below:
(i) Countries |
(ii) Cities |
1. India |
Delhi/ Mumbai/ Kolkata/ Gurgaon/ Pune/ Ahmedabad/ Goa |
2. Nigeria |
Lagos/ Abuja/ Port Harcourt |
3. China |
Beijing/ Shanghai/ Chengdu/ Guangzhou/ Wuhan/ Xi’an/ Shenyang/ Hangzhou/ Jinan |
4. Angola |
Luanda |
5. Democratic Republic of Congo |
Kinshasa/ Lubumbashi |
6. Kenya |
Nairobi |
7. Ghana |
Accra |
8. Uganda |
Kampala |
9. United Kingdom |
London/ Edinburgh/ Manchester |
10. Zimbabwe |
Harare/ Bulawayo |
11. Botswana |
Gaborone |
12. Iran |
Tehran |
13. United Arab Emirates |
Dubai |
14. Mongolia |
Ulaanbaatar |
15. Senegal |
Dakar |
16. Pakistan |
Karachi/ Lahore/ Islamabad |
17. Philippines |
Manila |
18. New Zealand |
Wellington/ Auckland |
(2)(b)(i) The information is as follows:
(aa) Countries |
(bb) Cities |
|
Cairo |
(2)(b)(ii) January 2018
Remarks: Reply: Approved / Not Approved
Prof. Hlengiwe Mkhize, MP
Director-General Minister of Home Affairs
Date: Date:
06 October 2017 - NW2569
Mulaudzi, Adv TE to ask the Minister of Small Business Development
When are the application dates (a) opening and (b) closing for the board positions of all entities and councils reporting to her?”
Reply:
Small Enterprise Development Agency (SEDA) board positions
The Department issued call for nominations for members to serve on board of SEDA in the various print media from 31st July 2016 and the advert closed on 26 August 2016.
Small Enterprise Finance Agency (SEFA) board positions
Call for nominations for members to serve on board of SEFA was issued in various print media from 12th of July 2015 and the advert closed on 27 July 2015.
All board vacancies are filled, however a need for appointment of additional SEFA board members was recently identified. The Department of Small Business Development (DSBD) initiated the recruitment process of same in accordance with Cabinet approved Handbook for the appointment of persons to boards of state and state controlled institutions, section 31 (f) consulting with the parent department and (h) using departmental databases. The process is underway.
National Small Business Advisory Council
a) The call for nominations was published on 23 August 2015.
b) The closing date was 3 September 2015.
06 October 2017 - NW2121
Lees, Mr RA to ask the Minister of Finance
What is the (a) full financial value of (i) funds and (ii) guarantees received by SA Airways (SAA) from (aa) the National Treasury and/or (bb) any other national department from 1 January 1997 to date, (b) detailed breakdown of these allocations to each department of SAA in each year, (c) motivation for providing the funds in each case and (d) detailed breakdown of the amounts of guarantees (i) requested and (ii) granted in each case?
Reply:
a(i): A summary of funds received and repaid is reflected in the table below, as per the records in the annual financial statements:
Financial Year |
Funds Received or Paid |
Initial capitalisation R3 137 million |
|
2003/4 |
R6 089 million shareholder loan advanced |
2004/5 |
R 4 000 million shareholder convertible loan |
2005/6 |
R 1 600 million of shareholder convertible loan repaid (balance of R2 400 million remained) |
2006/7 |
R 8 450 million of above loans was capitalised |
2007/8 |
R1 564 million subordinated loan raised. Capitalised in 2009/10 |
2017/18 |
R2 208 million recapitalisation (30 June 2017) |
a(ii): A summary of the Going Concern guarantees and utilisation towards loans or other purposes as is listed in the table below:
Guarantee Awarded |
Amount |
Utilisation |
Balance |
|
R’m |
R’m |
R’m |
Subordinated Loan – Nedbank (Mar 2007) |
1 300 |
1 300 |
Nil |
Going Concern Guarantee (Sep 2009) |
1 600 |
||
(Allocated to ATL, Sep ‘16) |
541 |
||
Working Capital Utilisation (Dec ’14) |
1 055 |
4 |
|
Going Concern Guarantee (Sep 2012) |
5 006 |
||
Working Capital Utilisation (Jul ’14) |
1 300 |
||
Working Capital Utilisation (Jul ’14) |
1 500 |
||
Working Capital Utilisation (Dec ’14) |
1 700 |
||
Working Capital Utilisation (Dec ’14) |
295 |
211 |
|
Going Concern Guarantee (Dec 2014) |
6 488 |
||
Working Capital Utilisation (Dec ’14) |
450 |
||
Working Capital Utilisation (Apr ‘15) |
1 500 |
||
Working Capital Utilisation (Jun ‘15) |
1 500 |
||
Working Capital Utilisation (Jun’16) Bridge |
1 000 |
2 038 |
|
Going Concern Guarantee (Sep 2016) |
4 720 |
||
General Short Term Banking Facilities (Dec’16) |
830 |
||
Working Capital Utilisation (Dec’16) Bridge |
1 292 |
||
Working Capital Utilisation (Mar‘17) Bridge |
757 |
||
LC and Guarantee Facilities (Mar’17) |
522 |
||
ATL Credit Card Exposure (Apr’17) |
768 |
||
Working Capital Utilisation (May‘17) Bridge |
104 |
447 |
|
TOTAL |
19 114 |
16 414 |
2 700 |
06 October 2017 - NW2578
Mkhaliphi, Ms HO to ask the Minister of Home Affairs
When are the application dates (a) opening and (b) closing for the board positions of all entities and councils reporting to her?
Reply:
The entities responded as follows:
Electoral Commission
(a-b) The Electoral Commission does not have a Board. It has a Commission whose composition is described in section 6 of the Electoral Commission Act (51 of 1996). The Commission is not the equivalent of a Board.
Government Printing Works
(a-b) The Government Printing Works does not have a Board. GPW is currently a National Government component established as such in 2009 in accordance with section 7(5)(c) of the Public Service Act, 1994 (Proclamation No. 103 of 3 June 1994) (“Public Service Act”) and listed in Part A of Schedule 3 to that Act.
Remarks: Reply: Approved / Not Approved
Mkuseli Apleni Prof. Hlengiwe Mkhize, MP
Director-General Minister of Home Affairs
Date: Date:
06 October 2017 - NW2885
Figlan, Mr AM to ask the Minister of Home Affairs
What is the detailed (a) breakdown of and (b) valuation for current and non-current assets and investments held by (i) her department and (ii) each entity reporting to her according to (aa) listed assets (aaa) directly held and (bbb) indirectly held and (bb) unlisted investments (aaa) directly held and (bbb) indirectly held by each of the entities, in each case breaking the current assets and investments down by 0-3 months, 3-6 months, 6-12 months and beyond 12 months?
Reply:
The Department and the entities responded as follows:
(i) Department of Home Affairs
(a-b) The breakdown and valuation of current and non-current assets held by Department of Home Affairs as at 31 March 2017 are as follows:
Asset type |
0-3 months |
3-6 months |
6-12 months |
Beyond 12 months (non- current assets) |
Total |
Staff debt |
R1 616 079.85 |
R735 604.71 |
R242 576.06 |
R10 107 125.60 |
R12 701 386.22 |
Other debtors |
R791 636.58 |
R330 558.59 |
R1 122 195.17 |
||
Recoverable expenditure (disallowance accounts) |
R3 388 15.46 |
R2 781 994.10 |
R21 002 032.44 |
R24 122 842.00 |
|
Claims recoverable |
R234 930.10 |
R173 7997 310 |
R843 334.20 |
R1 739 075 574.30 |
|
Total |
R2 981 461.99 |
R735 604.71 |
R1 741 021 880.16 |
R32 283 050.83 |
R1 777 021 997.69 |
(bb) There are no investments held by Department of Home Affairs, listed or unlisted.
(ii) Government Printing Works
(a-b) The Government Printing Works (GPW) has an asset base of R3 228 752 000.57. A detailed breakdown and valuation of current and non-current assets is listed below:
Non-current assets:
Fixed assets |
Net value |
Land |
R20 128 625.42 |
Buildings |
R25 189 570.56 |
Lease Improvements |
R80 503 178.75 |
Office furniture |
R3 453 048.73 |
Computer equipment |
R3 437 878.85 |
Machinery and equipment |
R251 817318.80 |
Vehicles |
R15.16 |
Computer software |
R12 489 488.12 |
Asset in production |
R455 345 950.10 |
Sub-total |
R852 365 074.49 |
Intangible assets |
|
Intangible software |
R23 331 123.13 |
Total |
R875 696 197.62 |
Current assets
Inventories* |
R242 936 477.69 |
Trade and other receivables |
R98 442 286.16 |
Cash and cash equivalents* |
R2 011 677 039.10 |
Total |
R2 353 055 802.95 |
*Inventories and cash and cash equivalents represent the balance as at 31 August 2017 and cannot be broken down by months.
The breakdown of trade and other receivables is as follows:
Period |
Balance |
0-3 months |
R88 155 067.26 |
Greater than 3 months |
R10,287,281.90 |
Total |
R98 442 286.16 |
(bb) The GPW does not have any investments, both listed and unlisted.
(ii) Electoral Commission
(a-b) The breakdown and valuation of current and non-current assets of the Electoral Commission as at 31 March 2017 are as follows:
Current assets
Cash and cash equivalents |
R14 078 042.00 |
Trade and other receivables from exchange transactions |
R22 352 490.00 |
Inventories |
R11 911 915.00 |
Total |
R48 342 447.00 |
Non-current assets:
Property, plant and equipment |
R197 705 422.00 |
Heritage assets |
R1 663 664.00 |
Intangible assets |
R94 809 947.00 |
Total |
R294 179 033.00 |
(aa-bb) The breakdown period of current assets and investments is tabulated hereunder:
Current Assets |
0 - 30 Months |
3 - 6 Months |
6 - 12 Months |
Beyond 12 Months |
Totals |
Cash and Cash Equivalents |
R14 078 042 |
- |
- |
- |
R14 078 042 |
Trade and other receivables |
R21 760 156 |
R8 874 |
R105 220 |
R478 240 |
R22 352 490 |
Accrued Interest |
R36 682 |
- |
- |
- |
R36 682 |
Cash collateral provided: property rentals |
R12 634 488 |
- |
- |
- |
R12 634 488 |
Prepayments |
R7 984 858 |
- |
- |
- |
R7 984 858 |
Sundry receivables |
R1 104 128 |
R 8 874 |
R105 220 |
R478 240 |
R1 696 462 |
Inventories |
R11 911 915 |
- |
- |
- |
R11 911 915 |
Total Current Assets |
R47 750 113 |
R8 874 |
R105 220 |
R478 240 |
R48 342 447 |
Remarks: Reply: Approved / Not Approved
J W Mckay Prof. Hlengiwe Mkhize, MP
Acting Director-General Minister of Home Affairs
Date: Date:
06 October 2017 - NW2726
Hadebe, Mr TZ to ask the Minister of Environmental Affairs
Whether she (a) received, (b) considered, (c) approved and/or (d) rejected any (i) applications, (ii) requests and/or (iii) proposals to withdraw the national parks declaration of any portion(s) of the West Coast National Park; if so, what are the relevant details in each case?
Reply:
(a) No, I did not receive any (i) applications, (ii) requests and/or (iii) proposals to withdraw the national parks declaration of any portion(s) of the West Coast National Park.
(b) No, I did not consider any (i) applications, (ii) requests and/or (iii) proposals to withdraw the national parks declaration of any portion(s) of the West Coast National Park.
(c) No, I did not approve any (i) applications, (ii) requests and/or (iii) proposals to withdraw the national parks declaration of any portion(s) of the West Coast National Park.
(d) No, I did not reject any (i) applications, (ii) requests and/or (iii) proposals to withdraw the national parks declaration of any portion(s) of the West Coast National Park.
---ooOoo---
06 October 2017 - NW2368
Alberts, Mr ADW to ask the Minister of Home Affairs
(a) On which date permanent residence in the Republic was awarded to a certain person (name and details furnished), (b)(i) where and (ii) how the specified person would be able to obtain a permit and/or a copy of the permanent residence and (c)(i) on what date it will be available and (ii) which person needs to be contacted in order to collect the specified permit and/or copy from such person?
Reply:
(a) As the concerned person was born in Namibia before independence, he was a South African citizen and therefore has the rights to Permanent Residence from date of birth. In terms of SA law he can never lose his right to permanent residence.
(b)(i-ii) Should he wish to obtain a letter confirming the above, he is advised to apply for it at the local Home Affairs’ office.
(c)(i) Not applicable
(c)(ii) Not applicable
Remarks: Reply: Approved / Not Approved
Mkuseli Apleni Prof. Hlengiwe Mkhize, MP
Director-General Minister of Home Affairs
Date: Date:
06 October 2017 - NW2711
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
What is the total cost incurred by (a) his department and (b) the National Prosecuting Authority for each official international trip undertaken by (i) the National Director of Public Prosecutions, Mr Shaun Abrahams and (ii) each person who accompanied him since 16 June 2015; (2) Whether a bodyguard accompanied the specified person on the international trips; if so, (a) for how many trips, (b) why and (c) what is the total cost incurred for the bodyguard to accompany the specified person in each case?
Reply:
1. (a) The table link below provides details of the total cost incurred by the Department of Justice and Constitutional Development, the amounts excludes information of the National Prosecuting Authority:
http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW2711TABLE.pdf
(b) The information on the costs incurred by the National Prosecuting Authority for each official international trip undertaken by the National Director of Public Prosecutions and each person that accompanied him is attached at Annexure A.
2. Yes, the NDPP has informed me that he was accompanied by his bodyguard.
a) Three (3) trips.
b) Confidential information.
c) Please refer to Annexure A.
06 October 2017 - NW2627
Figlan, Mr AM to ask the Minister of Home Affairs
What are the relevant details of the measures that the Government will put in place to facilitate the African Union’s vision 2063 of establishing a continental passport for freedom of movement and trade in Africa in contrast to the more strict security measures restricting movement, as proposed by the Border Management Agency?NW2933
Reply:
The legal instruments relating to the implementation of the aspects of Vision 2063 relating to Free Movement are still being negotiated by the African Union Member States. Upon adoption by the African Union, the Member States will have to sign and, in accordance with their constitutional requirements, ratify and domesticate the legal instruments.
In the case of South Africa, if the legal instruments are ratified and domesticated, all relevant Departments and their entities or agencies will have to implement them as it would be the law in the Republic.
Remarks: Reply: Approved / Not Approved
Mkuseli Apleni Prof. Hlengiwe Mkhize, MP
Director-General Minister of Home Affairs
Date: Date: