Questions and Replies

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29 July 2015 - NW2446

Profile picture: Van Der Walt, Ms D

Van Der Walt, Ms D to ask the Minister of Basic Education

(a) When will her department’s 1 000 Libraries Campaign start, (b) until when will the specified campaign run, (c) what is the total cost of the specified campaign, (d) how will schools be prioritised, (e) which schools have been identified for the specified campaign and (f) how will these libraries be resourced with (i) books and (ii) staff?

Reply:

(a) The Department of Basic Education’s 1000 Libraries campaign started at the beginning of the current financial year.

(b) The campaign targets 1000 schools in 2019 and there will be at least 1000 additional libraries every year until 2019.

(c) The total cost of the campaign has not been determined yet.

(d) Because it is starting phase, softer criteria were used for 2015. The criteria that were used for the selection of the schools are as follows:

  • There must be an existing structure;
  • The structure must have minimal resources;
  • The structure must be located within a functioning-school environment; and

However, the aim is to reach all schools which have no libraries.

(e) A total of 1 000 schools have been identified across the nine provinces.

(f) (i)Normal procurement procedures will be used and, in addition, donations will be received.

(ii)The Department of Basic Education is partnering with the ETDP SETA to place assistant school librarians in the identified schools. Staffing is going to be a major challenge.

28 July 2015 - NW2295

Profile picture: Mileham, Mr K

Mileham, Mr K to ask the Minister of Finance

(1)With reference to the consolidated report on the audit outcomes of local government for the 2013-14 financial year, what are the names of the 87 auditees for which the Auditor-General reported findings of possible fraud or improper conduct in supply chain management processes for investigation by management; (2) How many findings for investigation were reported for each auditee? NW2656E

Reply:

The department is currently gathering the information required to respond to this question as it is not information that is readily available. After the details of the 87 auditees referred to in the General report have been received from the Auditor General, each of these municipalities will be requested to provide the details of the cases that constituted the total of the irregular expenditure in question in order to respond to part two of the question.

The response will be provided as soon as possible after this information is made available.

28 July 2015 - NW2286

Profile picture: Gqada, Ms T

Gqada, Ms T to ask the Minister of Human Settlements

With reference to her reply to question 1898 on 29 May 2015, what amount has been spent on (a) purchasing, (b) installing, (c) operating cost, including fuel, and (d) maintaining generators in each calendar year in the period 1 May 2008 to 1 January 2015?

Reply:

The Department of Human Settlements:

(a) & (b) The amount spent by the Department of Human Settlements on purchasing and installation of a generator is R1 784 859,00.

(c) The amount for operating costs (fuel) since the generator was purchased R 22 956.00.

(d) There are no maintenance costs incurred thus far.

The Entities:

(a) There are eight (8) public entities reporting to the Minister of Human Settlements, only the following three public entities have purchased generators:

  • EAAB spent R391 006.40 on the 11th March 2014;
  • NURCHA has spent R 288 635 in 2007; and
  • NHBRC has spent R 700 000.00.

(b) Installation cost for the generators of NHBRC and NURCHA was included in the purchasing amount. EAAB has spent R 10 000.00 for installation.

(c) Spending on operational cost, including fuel:

  • The HDA is responsible for the refuelling of the generator. The average cost to refuel the generator is R 4000.00, based on 4x4 hour load shedding per month;
  • NURCHA has spent R 69 223.00;
  • EAAB has spent R 9 763.84 from 12/05/2014 to 01/01/2015; and
  • NHBRC has spent R 134 982.82 (This includes: Diesel = R 93 091.49; SMS Commander = R 10 545.00; and SDM Controller = R 31 346.33)

(d) Maintenance of generators

  • EAAB has spent R 15 298.80 to maintain the generators from 23/09/2014 to 01/01/2015;
  • NURCHA has spent R 13 800.00 per annum
  • NHBRC has spent R 64 655.63 for the service and maintenance of the generators since 1 April 2013.

28 July 2015 - NW2466

Profile picture: Chance, Mr R

Chance, Mr R to ask the Minister of Cooperative Governance andTraditional Affairs

Whether the Ekurhuleni Metropolitan Municipal Council executive mayor implemented the council resolution (details furnished BB43) which compelled the executive mayor to recover unauthorised, irregular or fruitless and wasteful expenditure from a certain person as contemplated in section 32(2) of the Local Government: Municipal Finance Management Act, Act 56 of 2003; if not, what action does he intend taking in this regard; if so, what are the relevant details?

Reply:

I am not aware of these assertions.

I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

28 July 2015 - NW2513

Profile picture: Rabotapi, Mr MW

Rabotapi, Mr MW to ask the Minister of Communications

With reference to her reply to question 1031 on 14 November 2014, on what basis can she justify spending more money advertising on Tshwane TV than advertising on SABC 3 given that Tshwane TV has a viewership equating 1,5% of the viewership of SABC 3 (details furnished)? NW2884E

Reply:

Advertising is audience centred. Tshwane n/ was selected as the preferred community television station for campaigns as they have the highest amount of viewers among community television stations and that they met the targeted audience the programme was intended for.

The GClS uses scientific methods to determine which media best reach our audiences, as determined by the AMPS, TAMS, RAMS surveys that the SA Advertising Research Foundation (SAARF) conducts.


 

MR D LIPHOKO
[ACTING] DIRECTOR GENERAL
GOVERNMENT COMMUNICATIONS
DATE: 24 July 2015


MS AF MUTHAMBI, MP
MINISTER OF COMMUNICATIONS
DATE:


Parliamentary question 2513 of 2015
 

28 July 2015 - NW2455

Profile picture: Mackay, Mr G

Mackay, Mr G to ask the Minister of Finance

With reference to the Mmamabula Power Purchase Agreement drafted between Eskom and the independent power producer, CIC Energy, that allowed for a potential electricity supply of 4 800MW and the proposed Mmamabula Energy Project emanating from the specified agreement, was National Treasury involved in the decision-making process responsible for aborting this project; if not, why not; if so, to what extent?

Reply:

The Department of Energy, not the National Treasury, is responsible for developing the
Integrated Resources Plan (IRP) and making determinations relating to generation capacity required to enable procurement of power from the proposed Mmamabula Energy Project.

28 July 2015 - NW2068

Profile picture: Mileham, Mr K

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

(1)How many municipal managers are currently suspended and/or prevented from performing their roles and functions in their municipalities; (2) in respect of each case, (a) who is the municipal manager, (b) what municipality are they from, (c) when were they placed on suspension and (d) what is the misconduct with which they have been charged?

Reply:

(1) The Department is not aware of any municipal managers that are prevented from performing their functions but rather municipal managers who have been suspended from work for breach of conduct.

(2) According to information furnished by provinces, the following are municipal managers that have been placed on suspension by municipalities:

Province

Municipal Manager

Municipality

Date placed on suspension

Nature of misconduct

Eastern Cape

Details not furnished. Province requested to obtain information.

Ikwezi LM

Details not furnished. Province requested to obtain information.

Details not furnished. Province requested to obtain information.

 

Details not furnished. Province requested to obtain information.

Inkwanca LM

Details not furnished. Province requested to obtain information.

Details not furnished. Province requested to obtain information.

Free State

Mr PI Radebe

Mafube LM

5 January 2015

Council decision to implement consequence management due to Auditor-General audit opinion of a disclaimer over the past 5 years.

Gauteng

Nil

Nil

Nil

Nil

Province

Name of municipal manager

Name of the municipality

Date of suspension

Nature of misconduct

KwaZulu-Natal

Details not furnished. Province requested to obtain information.

Endumeni LM

26 March 2014

Details not furnished. Province requested to obtain information.

 

Details not furnished. Province requested to obtain information.

Imbabazane LM

Details not furnished. Province requested to obtain information.

Details not furnished. Province requested to obtain information.

 

Details not furnished. Province requested to obtain information.

Indaka LM

Details not furnished. Province requested to obtain information.

Details not furnished. Province requested to obtain information.

 

Details not furnished. Province requested to obtain information.

Vulamehlo LM

Details not furnished. Province requested to obtain information.

Details not furnished. Province requested to obtain information.

Limpopo

Mr TM Maake

Mopani DM

1 February 2015

Financial misconduct

 

Mr Ntwane

Thabazimbi LM

10 December 2014

Maladministration, misappropriation of funds and non-compliance with supply chain procedures

 

Mr M Mathivha

Thulamela LM

28 April 2015

Fruitless expenditure

 

Ms C Mamitla

Polokwane LM

4 May 2015

Financial misconduct

 

Mr MF Ramaphakela

Lepelle-Nkumpi LM

Details not furnished. Province requested to obtain information.

Details not furnished. Province requested to obtain information.

Mpumalanga

Nil

Nil

Nil

Nil

North West

Mr K Rabanye

Mahikeng LM

29 November 2014

Corruption and maladministration

 

Mr J Bhine

Ditsobotla LM

3 April 2013

Gross maladministration

 

Mr J Makade

Ventersdorp LM

11 October 2014

Maladministration

Northern Cape

Mr TF Leeuw

Magareng LM

20 April 2015

Maladministration

 

Mr M Fillis

Ubuntu LM

5 March 2015

Corruption and maladministration

Western Cape

Nil

Nil

Nil

Nil

28 July 2015 - NW2527

Profile picture: Steenhuisen, Mr JH

Steenhuisen, Mr JH to ask the Minister of Defence and Military Veterans

(1)Did (a) she or (b) any officials from her department give instructions to any person or persons on duty at the Waterkloof Air Force Base in Pretoria, Gauteng, to (i) authorise and (ii) facilitate the departure of any (aa) diplomats or (bb) delegates from the base on 15 June 2015; if so, what are the name(s) of this person or persons; (2) did (a) she or (b) any official from her department give any instructions to any person or persons on duty at the airbase (i) not to disclose or (ii) conceal the identity of any (aa) diplomat, (bb) delegate or (cc) passenger on any aircraft departing from the airbase on 15 June 2015; if so, on what authority did she or any official from her department issue such a directive?

Reply:

I cannot reply to this question as the matters raised are currently sub judice.

28 July 2015 - NW1335

Profile picture: America, Mr D

America, Mr D to ask the Minister of Communications

What amount was owed to the Independent Communications Authority of South Africa for unpaid broadcasting licence fees by (a) all spheres of government and (b) entities reporting to national government departments as at 31 March 2015?

Reply:

(a) None

(b) Only South African Broadcasting Corporation (SABC), which is exempted from paying an annual license fee.

 

 

 

 

MR N MUNZHELELE

[ACTING] DIRECTOR GENERAL

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI, MP

MINISTER OF COMMUNICATIONS

DATE:

28 July 2015 - NW2155

Profile picture: Krumbock, Mr GR

Krumbock, Mr GR to ask the Minister of Cooperative Governance and Traditional Affairs:

(1) Whether, with reference to the Member of the Executive Council (MEC) of KwaZulu-Natal, Ms Nomusa Dube's statement in her budget speech on 14 May 2015, that Mpofana Local Municipality has returned to a good state of health, he has found accordingly; if not, why not; if so, what is the basis for his finding; (2) will effective service delivery now take place in the specified municipality; if not, why not; if so, what are the relevant details; (3) has he now found that the specified municipality is financially viable; if not, what action does he intend taking with regard to the municipality; if so, what are the relevant details? NW2467E

Reply:

(I), (2) and (3) The Honourable Member should note that by-elections-to elect a new Municipal Council in the Mpofana Local Municipality with held on 26 November 2014. Before this by-election was held, a recovery plan was circulated to relevant stakeholders for input. The recovery plan covered the following priority areas:

(i) Municipal Institutional Development and Transformation
(ii) Municipal Financial Viability and Management;
(iii) Basic Service Delivery;

(iv) Local Economic Development

(v) Good Governance and Public Participation; and

(vi) Cross Cutting Issues.

From the assessment made by the KZN CoGTA Department, it appeared that Mpofana Local Municipality would still be in a vulnerable state when the section 139(1) (c) intervention terminated after the by-election was held. The Provincial Executive therefore took a resolution to replace this intervention with a directive issued in terms of section 139(1) (a) of the Constitution after the by-election. This directive, which was envisaged to expire at the end of March 2015, provided that the municipality must fulfil the following:

(i) Adopt by Council Resolution, the exit strategy in respect of the close-out report of the intervention in terms of section 139(1) (c) of the Constitution, and accept the continuation and provision of support by KZN CoGTA or any other stakeholder during the period of the intervention;

(ii) Accept a resource deployed by CoGTA to assist the municipality to implement the exit strategy;

(iii) Ensure that the Municipal Manager and all senior managers account in respect of all indicators included in the exit strategy, on a monthly basis;
(iv) Attend all Steering Committee meetings convened by KZN CoGTA on interventions; and

(v) Develop a strategy of addressing imminent service delivery protests.


In the notice of the termination of the intervention, it was reported that the Mpofana Local Municipality has made substantial progress on its exit strategy and also complied with the above directive. It was also reported that the remaining issues on the exit strategy will be implemented by the municipality, with ongoing support from KZN CoGTA and other sector departments. Strategies to address outstanding issues were developed and these strategies were integrated into the Back to Basics approach.

Apart from the above notice, a presentation of the close-out report which was prepared by the Ministerial Representative has highlighted several overall achievements of this intervention. Some of these achievements are the following:

(i) Portfolio committees and MPAC have been established, and meetings of the Municipal Council and portfolio committees convene every month;
(ii) An Interim Finance Committee was established to address cash flow problems;
(iii) There has been a revival of ward committees and the newly elected councillors, who have since undergone capacity building programmes, hold public meetings in all wards;

(iv) As most service delivery challenges revolve around water shortages, the municipality and Umgungundlovu DM are working much closer than before to address the problem;

(v) Successful resolution of the litigation matter between the municipality and Tai Yuen Textiles; and

(vi) Sporadic service delivery protests have been promptly addressed, and there has been an improvement in meeting legislative compliance deadlines.

The achievements made during this intervention partly address the challenges that were prevalent in the municipality, which led to the intervention, such as the absence of an Internal Audit Committee. These achievements also address some of the challenges which were identified in the Back to Basics Support Plan for Mpofana Local Municipality, such as serious backlogs in water provision.

Notwithstanding these achievements, it appears that there are still several challenges among those that were identified shortly before the intervention was invoked, which still remain unaddressed. Examples of these are losses in the sale of electricity, due to illegal connections, and poor debt recovery. In addition to these, the presentation of the close-out report lists further challenges in this municipality. Some of these challenges are:

(i) Very weak internal audit and audit committee, and the skills audit process is long overdrawn and still incomplete;
(ii) The projected budget is in deficit, and there is a lack of relevant capacity in managing municipal finances within the Budget and Treasury Office (BTO), which will delay the financial turnaround;

(iii) The municipality owes grant funds, used for operational reasons, and there is no reflection in the budget on how this will be paid back;
(iv) Inadequate project management and coordination at a technical level delays project implementation;
(v) Ability to manage Municipal Infrastructure Grant (MIG) and other grants is inadequate, and there is inadequate development planning capacity; and
(vi) No risk management.


In light of the challenges still prevalent in the Mpofana Local Municipality, the MEC will closely monitor and provide the necessary support to the municipality, working together with the relevant KZN Back to Basics Task Team.

28 July 2015 - NW2460

Profile picture: Matsepe, Mr CD

Matsepe, Mr CD to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Why did a certain official (Mr K Ngema) ignore the memorandum from the Legal and Administrative Services department of the Ekurhuleni Metropolitan Municipal Council (which in paragraph 5 refers to the supply Chain management Policy details furnished) by allowing the bid adjudication committee to continue awarding said tenders as recommended by the bid evaluation committee, in terms of the bid adjudication committee’s delegated powers; (2)Whether his department will take any action in this regard; if not, why not; if so, what are the relevant details? NW2828E

Reply:

  1. No, as stated in my response to PQ2015/2459, I am not aware of these assertions.
  2. Again as stated in my previous response to PQ2015/2459, I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

28 July 2015 - NW2449

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Bagraim, Mr M to ask the Minister of Labour

Whether she has found that there are challenges in matching suitable candidates with the requirements of employers ; if so, what steps will she take to ensure that these challenges are overcome?

Reply:

No. The law has only been in place for few months hence cannot make a realistic diagnosis of the challenges in matching suitable candidates with the requirements of the employers at this stage.

28 July 2015 - NW2470

Profile picture: Figg, Mr MJ

Figg, Mr MJ to ask the Minister of Finance

(1)With regard to the letter from a certain person (name and details furnished) from Ekurhuleni Metropolitan Municipal Council (EMMC) dated 3 September 2012 requesting condonation of irregular expenditure to the value of R819 million (details furnished) and National Treasury’s response (details furnished), why was the National Treasury not aware or made aware of (a) all the irregular expenditure in the (i) 2009-10, (ii) 2010-11 and (iii) 2011-12 financial years, (b) bids above R10 million under appeal and (c) bids above R10 million under investigation, in total over R7,2 billion (details furnished); (2) did the application for condonement by the specified city manager give a full picture of the irregular expenditure in the municipality; if not, why not; if so, what are the relevant details; (3) whether the National Treasury intends to take any relevant action (a) prescribed by applicable legislation in respect of this matter in general and (b) against the specified person (name and details furnished) of the Ekurhuleni Metropolitan Municipal Council in this regard; if not, why not; if so, what are the relevant details; (4) whether the National Treasury will conduct a forensic audit of the Ekurhuleni Metropolitan Municipal Council’s (EMMC) finances; if not, why not; if so, when will the forensic audit commence?

Reply:

(a) Section 62(1)(d) of the Municipal Finance Management (MFMA) provides that the Accounting Officer must take all reasonable steps to ensure that unauthorized, irregular, fruitless and wasteful expenditure or other losses are prevented. Furthermore section 125(2)(d) of the MFMA requires that the notes to the annual financial statements must include particulars of any material losses or any material irregular or fruitless and wasteful expenditure, including in the case of a municipality, any material unauthorized expenditure that occurred during the financial year and whether these are recoverable.

From the above it is clear that the legislation places the obligation to make public and disclose particulars of any irregular expenditure incurred, including taking steps to prevent such expenditure from being incurred, on the Accounting Officer. Moreover, the legal principle underpinning the MFMA is that the Accounting Officer and Council are responsible for implementation of the MFMA and to ensure appropriate corrective measures are taken.

b) The Honorable member to note that section 62 of the Municipal Systems Act sets out the process to be followed when aggrieved persons are dissatisfied with decisions taken by a municipality. The process provides for appeals to be dealt with by the municipality within its internal governance structures. There is no requirement in section 62 for decisions with regard to the outcomes of appeals to be reported to the National Treasury. Information in this regard is therefore only available at institutional level and therefore National Treasury was not made aware of the extent of the appeals.

c) With regards to supply chain management disputes or objections, regulations 49 and 50 of the Municipal Supply Chain Management Regulations provide the procedure to be followed. The regulations provide that such disputes be first investigated internally by the municipality before it escalates the matter to the provincial or national treasury. It is therefore clear that the National Treasury will not be aware of supply chain management disputes unless a municipality or the relevant treasury was unable to resolve the matter through its internal processes. The details of such information will be available at institutional level.

(2) Correspondence was received from the City Manager dated 3 September 2012. However, this only provided information of irregular expenditure relating to the request for condonement. As mentioned earlier, the detailed information on all irregular expenditure is maintained within the municipality and in this instance was not shared with National Treasury.

(3) (a) Section 32(2) of the MFMA provides that the Municipal Council must recover all irregular expenditure incurred unless the municipal council has, after an investigation by a council committee, certified the expenditure as irrecoverable and has written it off. It is therefore clear that legislatively, the municipal council is the only appropriate structure who should take action in relation to the irregular expenditure that has been incurred. Information in this regard is therefore best obtained from the municipality concerned.

(b) Section 171 of the MFMA defines when an accounting officer of a municipality commits an act of financial misconduct. To further support the implementation of this section and chapter 15 as a whole, the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings (“Financial Misconduct Regulations”) was promulgated on 31 May 2014 which sets out processes to be followed by municipalities in dealing with allegations of financial misconduct. The regulations provide that as a start, allegations has to be dealt with by the municipal council through its internal established structures that deals with disciplinary matters. This relevant matter will therefore be referred to the Executive Mayor of this specific municipality for his further handling consistent with the provisions of the Financial Misconduct Regulations.

(4) The National Treasury will not be conducting any forensic audit at the municipality at this stage as the information at hand indicate that the Office of the Public Protector is in the process of conducting an investigation at the municipality. The National Treasury will await the outcome thereof.

28 July 2015 - NW2489

Profile picture: Stander, Ms T

Stander, Ms T to ask the Minister of Cooperative Governance and Traditional Affairs

(1)What is his department doing to assist municipalities to enforce the applicable local government legislation relating to water pollution in all municipalities in the country? (2) What are the details of each water pollution case that municipalities are involved in with regard to (a) the area, (b) a description of the situation, (c) the environmental impact and (d) the method of intervention?

Reply:

This information is not readily available. It will take some time to assemble the information.

28 July 2015 - NW2432

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America, Mr D to ask the Minister of Labour

What amount did (a) her department and (b) each entity reporting to her spend on advertising in (i) Sowetan and (ii) Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?

Reply:

The Department spent as per below breakdown:


HQ LABOUR

2012-2013

2013-2014           

2014-2015

(i)SOWETAN

R560 159.87

R585 060.78

R271 368.72

(ii)DAILY SUN

R777 265.50

R789 273.05

R699 177.80

ENTITIES:

(b) ENTITIES REPORTING TO THE MINISTER

(i) (Sowetan)

(aa) 2012-13

(bb) 2013-14

(cc) 2014-15

NEDLAC

n/a

n/a

n/a

UIF

n/a

R148,243.32

R371,229.60

CF

R291, 012.20

R624, 552.22

R66, 983.43

PSA

n/a

R76, 799.52

R254, 177.02

CCMA

n/a

n/a

n/a

(b) ENTITIES REPORTING TO THE MINISTER

(ii) (Daily Sun )

(aa) 2012-13

(bb) 2013-14

(cc) 2014-15

NEDLAC

n/a

n/a

n/a

UIF

n/a

R29,930.47

n/a

CF

R174, 911.80

R298, 344.39

n/a

PSA

n/a

n/a

n/a

CCMA

n/a

n/a

*R 39, 979.80

# PSA – payment made to Times Media with adverts in Sowetan and Sunday times.

Compensation Fund – Sowetan Live – 2013/14 = R100, 000.00.

28 July 2015 - NW2418

Profile picture: Motau, Mr SC

Motau, Mr SC to ask the Minister of Finance

What amount did (a) the National Treasury and (b) each entity reporting to it spend on advertising in (i) The Sowetan and (ii) The Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?

Reply:

NATIONAL TREASURY

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 58 945.10

R 60 760.00

(bb) 2013-14

R 131 131.69

R 31 640.00

(cc) 2014-15

R 183 605.28

R 0.00

 

FINANCIAL SERVICES BOARD

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 18 148.80

R 24 519.39

(bb) 2013-14

R 18 148.80

---

(cc) 2014-15

R 53 286.74

---

GOVERNMENT EMPLOYEES PENSION FUND

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 64 022.40

R 87 723.00

(bb) 2013-14

R 0.00

R 0.00

(cc) 2014-15

R 0.00

R 0.00

GOVERNMENT PENSIONS ADMINISTRATION AGENCY

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 726 707.52

R 812 130.97

(bb) 2013-14

R 598 581.50

R 705 080.88

(cc) 2014-15

R 462 578.27

R 362 853.79

INDEPENDENT REGULATORY BOARD FOR AUDITORS

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 20 174.00

R 0.00

(bb) 2013-14

R 53 904.90

R 0.00

(cc) 2014-15

 

R 0.00

LAND BANK

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 47 174.02

R 0.00

(bb) 2013-14

R 107 963.33

R 0.00

(cc) 2014-15

R 149 736.10

R 0.00

PENSION FUNDS ADJUDICATOR

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 8 166.96

R 0.00

(bb) 2013-14

R 0.00

R 0.00

(cc) 2014-15

R 0.00

R 0.00

SOUTH AFRICAN AIRWAYS

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 80 028.00

R 421 956.70

(bb) 2013-14

R 0.00

R 116 520.77

(cc) 2014-15

R 648 226.80

R 62 996.40

SOUTH AFRICAN REVENUE SERVICES

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 892, 611.88

R 651, 197.07

(bb) 2013-14

R 794, 341.85

R 452, 260.17

(cc) 2014-15

R 1, 405, 492.00

R 827, 689.12

SASRIA

Financial year

  1. The Sowetan
  1. The Daily Sun

(aa) 2012-13

R 0.00

R 0.00

(bb) 2013-14

R 0.00

R 0.00

(cc) 2014-15

R 33 744.00

R 0.00

Other entities have not spent any funds on advertising in Sowetan and The Daily Sun during the financial years in question.

28 July 2015 - NW2467

Profile picture: Mazzone, Ms NW

Mazzone, Ms NW to ask the Minister of Cooperative Governance and Traditional Affairs

Whether he is aware that a certain person (EMMC) refused to call a council meeting in order to deliberate over the alleged financial irregularities (details furnished BB40 and BB41), which contravened a council resolution and certain statutory provisions (details furnished BB39); if so, what action is he taking against the specified person for failing to adhere to the law?

Reply:

I am not aware to these assertions.

I intend writing to the MEC responsible for Local Government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission and investigation into the matter.

I will await the outcome of the investigation to determine whether or not there are findings that will enable me to provide a response to this question.

28 July 2015 - NW2469

Profile picture: Mazzone, Ms NW

Mazzone, Ms NW to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether a certain person (Mr M Mlandu was dismissed by a certain person (name and details furnished BB48 Mr L Gumbi) at the Ekurhuleni Metropolitan Municipal Council (EMMC) following a council resolution; if not, why not; if so, what is the (a) number and (b) date of the council resolution; (2)was he informed of the specified dismissal as required by the Disciplinary Regulations for Senior Managers; if not, why not; if so, what are the relevant details; (3)what is his position with regard to the action of the EMMC in this regard; if not, why not; if so, why?NW2837E

Reply:

(1)No, I have not investigated the matter and therefore am not aware of the details pertaining the matter.

(2)I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4) (a) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

(3) Falls off.

28 July 2015 - NW2468

Profile picture: Mazzone, Ms NW

Mazzone, Ms NW to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether he is aware that certain persons holding executive positions at the Ekurhuleni Metropolitan Municipal Council (details furnished: a. Executive Mayor, b. Speaker of Council, MMC Finance and the d. Chief Whip), all received a letter (details furnished BB39) stipulating the financial mismanagement at the specified Metro; if so, what action did each of the above person take with regard to all the allegations in the letter; (2)What is his position with regard to the action taken in respect of each case; if not, why not; if so, what are the relevant details? NW2836E

Reply:

(1)No, as stated in my response to PQ2015/2467, I have not investigated the matter and therefore am not aware of the details pertaining the matter.

(2)I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

28 July 2015 - NW2459

Profile picture: Matsepe, Mr CD

Matsepe, Mr CD to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with reference to the employment contract of Mr K Ngema he has established that the Ekurhuleni Metropolitan Municipal Council (EMMC) was misled by the A-CORP (19-2012) report (details furnished) where it is stated that the duration of the specified person’s contract is from 17 August 2009 to 16 August 2014; if not, how was the EMMC allowed to contravene (a) its own resolution (details furnished), (b) the appointment periods stated in the amended Local Government: Municipal Systems Act, Act 32 of 2000, (c) the SA Local Government Association circular 14/2012 (details furnished) and (d) a judgment by the KwaZulu-Natal High Court in case 5238/12 (details furnished); if so, (i) what action does he intend taking and (ii) who wrote the confidential report?

Reply:

I am not aware to these assertions.

I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4) (b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

According to Section 106 (4)(b)of the Municipal Systems Act, the MEC must table a report in the relevant provincial legislature, detailing within 90 days from the date of my request to him, to conduct the investigation. The MEC is required to simultaneously send a report to me, the Minister of Finance, and the NCOP.

I will await the outcome of the investigation to determine whether or not there are findings that enable me to provide specific responses in respect of sub-questions (a)(b)(c)(d) and (i)(ii).

28 July 2015 - NW2387

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Kohler-Barnard, Ms D to ask the Minister of Police

(1)How many operational members of the SA Police Service (SAPS) did not have a driving licence (a) in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12, (iv) 2012-13, (v) 2013-14 and (vi) 2014-15 financial years and (b) from 1 April 2015 up to the latest specified date for which information is available; (2) how many of the specified members of SAPS have since acquired a driving licence in the case of each financial year or period; (3) how many of the operational SAPS members with driving licences have a licence to drive an official vehicle?

Reply:

The information is not readily available and must be obtained from the provinces.  A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

28 July 2015 - NW2484

Profile picture: Mileham, Mr K

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether there was an audit committee in place in each (a) metropolitan municipality and (b) municipality that received a disclaimer or adverse audit opinion for the 2013-14 financial year; if not, why not; if so, (i) what are the qualifications and relevant experience of each member of each audit committee and (ii) how many times did the specified committee meet in the 2013-14 financial year; (2) were any reports from each specified committee tabled and considered in each relevant municipal council; if not, why not?

Reply:

The question asked by Honourable member, Mr K J Mileham, must be directed to National Treasury, as it is the competent authority to provide the information requested. National Treasury monitors Audit Committees in terms of sec 166 of the Municipal Finance Management Act.

28 July 2015 - NW2465

Profile picture: Chance, Mr R

Chance, Mr R to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether he is aware that a certain person (Mr K Ngema) made applications to the National Treasury on 3 September 2012 (details furnished BB9) requesting condonation of irregular expenditure to the value of R819 million and of National Treasury approval (details furnishedBB13), while bids above R10 million that did not go out to tender in the specified period totaled over R7.2 billion (details furnishedBB10,BB11, BB12); (2)whether he intends to take any action in this regard; if not, why not; if so, what are the relevant details? NW2833E

Reply:

(1) No, as ststed in my response to PQ2015/2464 I am not aware of these assertions.

(2) I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

28 July 2015 - NW2294

Profile picture: Mileham, Mr K

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

(1)How many qualified and registered engineers are employed by each metropolitan municipality on a permanent basis? (2) What is the field of specialisation of each specified engineer in respect of civil engineering, electrical engineering and any other engineers employed; (3) (a) how many vacancies exist for qualified and registered engineers in each metropolitan municipality, (b) what is the job title of each vacancy and (c) since what date has each position been vacant; (4) Whether there are any criteria determining the number of engineers in each field to be employed by each type of municipality; if not, why not; if so, (a) what are the relevant details and (b) where is this codified? NW2655E

Reply:

The following response is based on the information provided by Ekurhuleni, EThekwini, City of Johannesburg, City of Tshwane, City of Cape Town, Nelson Mandela Bay and Mangaung Metropolitan municipalities. The Buffalo City Metropolitan Municipality did not meet the deadline for submission of responses. However, the municipality has been requested to respond accordingly. The information will be delivered to the Honourable Member as soon as it is received:

1)

Municipality

Qualified and Registered engineers

City of Johannesburg

68

Ekurhuleni Metro

170

City of Tshwane

328

Mangaung

10

City of Cape Town

547

EThekwini

55

Nelson Mandela Bay

53

2)

Municipality

Field of specialisation of each specified engineer in respect of civil engineering, electrical engineering and any other engineers employed

Ekurhuleni

Energy :71 Engineers

Roads and storm water : 44 engineers

Water and sanitation:55 engineers

City of Tshwane

74 Engineers/ Engineer Technologists

185 engineers/technologists

67 Civil Engineers/ Engineer Technologists

2 Civil Engineers/ Engineer Technologists

City of Johannesburg

  • Technical Engineers (Water);
  • Civil Engineering (Water);
  • Civil Engineering;
  • Capital Planning Engineering;
  • Chemical Engineering;
  • Electrical Engineering:
  • Network Planning;
  • Network & Services Planning;
  • Network operations;
  • Electrification;
  • Electrical Technology;
  • Plant Test;
  • Roads Engineers:
  • Local Roads Planning;
  • Economic Roads Planning;
  • Road Safety;
  • Storm water Planning;
  • Freight Standards and Compliance; and

Freight Infrastructure Support.

Mangaung

8: Civil Engineering

2: Project Engineering

City of Cape Town

2: Chemical Engineers

134: Civil Engineers

11: Construction Engineers

2: Development Engineers

31: Electrical Engineers

208: Engineers I ii iii iv

12: Mechanical Engineers

2: Network Engineers: 2

145: Project Engineers

EThekwini

55: Civil Engineers

Information on other engineers is outstanding.

Nelson Mandela Bay

53 Civil engineers

3)

Municipality

  1. how many vacancies exist for qualified and registered engineers in each metropolitan municipality
  1. what is the job title of each vacancy and
  1. since what date has each position been vacant

Ekurhuleni

44 vacancies

See attached

See attached

City of Tshwane

96 vacancies

  • Job titles vary between Chief engineers, engineering consultant/technologist and engineers and engineering technicians
  • 80 positions since December 2013
  • Transport Department, 45 positions since the structure was approved. They are unfunded.
  • Tshwane Rapid Transit: The 4 positions are all new. They are unfunded and part of the current approved structure.

City of Johannesburg

16 vacancies

  • 1 :Manager: Technical Co-ordination;
  • 1 :Senior Engineer: Local Roads Planning;
  • 1 :Senior Engineer: Economic Roads Planning;
  • 2 :Manager Regional Storm water Planning Region;
  • 3 :Manager: Network Planning;
  • 1 :Manager: Road Safety Engineer;
  • 1 :Manager: Freight Standards and Compliance;
  • 1 :Manager: Freight Infrastructure Support;
  • 1 :Network & Services Planning;
  • 1 :Network operations;
  • 1 :Electrification;
  • 1 :Capital Planning; and
  • 1 :Plant Test.
 

Mangaung

45 vacancies

Job Title: Engineer in Training//Senior// First Engineer

The majority of vacant posts are new posts on the MMM structure and have been created with effect from August 2012.

City of Cape Town

55 vacancies

Senior Professional Officer: Tenders and

05-May-15

   

Professional Officer

30-Apr-15

   

Principal Professional Officer

21-Apr-15

   

Senior Professional Officer

21-Apr-15

   

Senior Professional Officer

21-Apr-15

   

Senior Professional Officer

01-Apr-15

   

Senior Professional Officer

01-Apr-15

   

Waste Water Treatment Works Manager

01-Apr-15

   

Pump Station Manager

05-Mar-15

   

Professional Officer

01-Mar-15

   

Senior Professional Officer

01-Mar-15

   

Senior Professional Officer

01-Feb-15

   

Head: Asset Management Water

01-Feb-15

   

Senior Professional Officer

01-Feb-15

   

Senior Professional Officer

20-Jan-15

   

Principal Professional Officer

01-Jan-15

   

Senior Professional Officer: Infra Man

01-Jan-15

   

Bulk Water Storage & Conveyance Specialist

01-Jan-15

   

Senior Professional Officer

01-Dec-14

   

Professional Officer

25-Nov-14

   

Professional Officer

25-Nov-14

   

Professional Officer

25-Nov-14

   

Professional Officer

25-Nov-14

   

Professional Officer

18-Nov-14

   

Senior Professional Officer

18-Nov-14

   

Senior Professional Officer

01-Nov-14

   

Co-ordinator: Transmission System Developer

01-Nov-14

   

Professional Officer

01-Nov-14

   

Senior Professional Officer

01-Nov-14

   

Senior Professional Officer

01-Nov-14

   

Senior Professional Officer

01-Nov-14

   

Head: Water Laboratory

01-Oct-14

   

Professional Officer

01-Oct-14

   

Professional Officer

01-Aug-14

   

Professional Officer

01-Jul-14

   

Senior Professional Officer

01-Jul-14

   

Senior Professional Officer

01-Jul-14

   

Head: Fleet Management

01-Jun-14

   

Senior Professional Officer

01-May-14

   

Head: Quantity Survey

04-Apr-14

   

Senior Professional Officer

18-Mar-14

   

Senior Professional Officer

01-Mar-14

   

Professional Officer

01-Jan-14

   

Head: Public Transport Survey & Analysis

01-Dec-13

   

District Manager: Waste Water Ops

01-Sep-13

   

Principal Professional Officer

07-Aug-13

   

Director: HS Planning & NHP Implementati

01-Aug-13

   

Principal Professional Officer

01-Aug-13

   

Chief Mechanical Design Engineer

01-Jul-13

   

Head: Integrated Waste Man Strat & Pol

25-Jun-13

   

Bulk Water Scheme Manager

01-Feb-13

   

Principal Professional Officer: IMS-DS

01-Jan-13

   

District Manager: Waste Water Ops

01-Jan-13

   

Professional Officer

01-Oct-12

   

Pump Station Manager

01-Sep-12

EThekwini

69 vacancies

Professional engineer

31/05/2014

   

Professional engineer

29/06/2011

   

Professional engineer (chemical)

01/07/2012

   

Professional engineer (chemical)

01/07/2012

   

Professional engineer (chemical)

01/07/2012

   

Professional engineer (chemical)

06/12/2010

   

Professional engineer (electrical)

02/05/2014

   

Professional engineer (electronics)

31/10/2014

   

Professional engineer (mechanical)

06/07/2014

   

Senior professional engineer (civil)

31/05/2012

   

Senior professional engineer (civil)

01/12/2014

   

Information is outstanding

Nelson Mandela Bay

16 vacancies

16 technicians

5 technicians: 2010

2 technicians: 2011

2 technicians: 2012

2 technicians: 2013

4 technicians: 2014

 

4)

Municipality

Whether there are any criteria determining the number of engineers in each field to be employed by each type of municipality; if not, why not; if so,

b) what are the relevant details and

c) where is this codified

City of Johannesburg

Positions are determined in terms of the approved Organisational Structure and the service delivery requirements

This is determined in terms of the approved Organisational Structure.

This is determined in terms of the approved Organisational Structure.

Ekurhuleni

The number of engineers needed is determined in collaboration with the relevant Head of Department by means of a functional analysis and work study.

City of Tshwane

Service Infrastructure –Water and Sanitation , Transport Department and TRT

The details are on approved structure of the department

The details are on approved structure of the department

 

Transport Department and TRT

Organizational Structure

Organizational Structure

Mangaung

Not provided

Not aware of any criteria determining the number of engineers in each field.

City of Cape Town

Yes.

Competency framework for local government occupational streams

Knowledge, experience and qualifications

Not provided

EThekwini

Yes

ECSA and Water Services Act requirement

ECSA and Water Services Act

Nelson Mandela Bay

Yes

1 Professional engineer.

4 technologist and technicians

ECSA and SAICE

 

28 July 2015 - NW2461

Profile picture: Matsepe, Mr CD

Matsepe, Mr CD to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether he is aware that a certain person (Mr K Ngema) further delegated his powers (details furnished letters attached BB5 and BB6) by approving a requisition of a (Chief Financial Officer) and authorising the specified official to procure intelligent water meters from a contract of another organ of state; (2)Whether he is aware that the internal audit investigation found that the specified person’s unlawful delegation of his powers led to the forging of the specified documents and subsequent defrauding of (Madibeng Municipality); if not, why not; if so, what steps has he taken in this regard? NW2829E

Reply:

I am not aware of these assertions.

I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

 

28 July 2015 - NW2262

Profile picture: Bhanga, Mr BM

Bhanga, Mr BM to ask the Minister of Cooperative Governance and Traditional Affairs

Whether (a) his department and (b) any entities reporting to him has paid out the remainder of any employee's contract before the contractually stipulated date of termination of the contract since the 2008-09 financial year up to the latest specified date for which information is available; if so, (i) what amount

Reply:

Departments of Cooperative Governance and Traditional Affairs

  1. Yes

(aa)(i) Amount

(aa)(ii) Person

(aa)(iii) Reason

R2 443 574.83

Ms Lindiwe Gail Msengana-Ndlela

Re-determination of term of office

The CRL Rights Commission

(bb)(i) Amount

(bb)(ii) Person

(bb)(iii) Reason

R 1 397 711.20

Adv. Moreroa (former CEO)

Based on certain complaints received by the Commission, the Commission initiated an internal investigation into such complaints. During the course of the investigation, the CEO reached an agreement with the Commission to terminate his services and therefore the investigation was suspended.

The Municipal Demarcation Board (MDB)

  1. Yes

(bb)(i) Amount

(bb)(ii) Person

(bb)(iii) Reason

R385 683.00

Clayton Sebastiaan Swart

During January and February 2014, the former Chief Executive Officer made offers of employment to three candidates, although the Board had taken a decision that the three candidates should not be appointed. The Board overturned the decision of the former Chief Executive Officer that the employment offers be retracted and invalidated. The three candidates took the matter to court, after which the matter was settled out of court.

R192 827.00

Thandokuhle Ignatias Ngoza

 

R143 717.00

Tsholanang Sinatra Polori

 

R1 691 622.00

Gabusile Caroline Gumbi-Masilela

The former Chief Executive Officer was suspended by the previous Board on 12 February 2014, pending an investigation. In March 2014, the new Board and the former Chief Executive Officer reached an out of court agreement resulting in the termination of the employment contract.

The South African Local Government Association (SALGA)

The South African Local Government Association has not paid out the remainder of any employee's contract before the contractually stipulated date of termination of the contract since the 2008-09 financial year up to the latest specified date.

The South African Cities Network (SACN)

The South African Cities Network has not paid out the remainder of any employee's contract before the contractually stipulated date of termination of the contract since the 2008-09 financial year up to the latest specified date.

28 July 2015 - NW2396

Profile picture: Dudley, Ms C

Dudley, Ms C to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether, since his reply to question 2029 on 17 November 2014, the information requested is now readily available within his department and will be provided; (2) (a) what is the (i) status and (ii) findings of the investigation and (b) what engagement has his department had with Vrede District Municipality in the Free State? NW2761E

Reply:

(1) Yes, the Department has received the information from the Phumelela Local Municipality.

(2) (a) (i) &(ii) According to the information received, the municipality did not utilize its budget in respect of the farm Krynauwslust in the Vrede district of the Free State; hence, no irregularities were reported (b) In the context of the preceding question, the Department did not engage with the Vrede District Municipality. Instead, the Department exchanged correspondence with the Phumelela Local Municipality on this matter

28 July 2015 - NW2482

Profile picture: Mileham, Mr K

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

(1) How many recommendations of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities have not been acted upon by the relevant organ of state since 1 January 2009; (2) in respect of each case, (a) what was the recommendation not acted upon, (b) why was the recommendation not acted upon and (c) who is responsible for the inaction; (3) how many legal cases has the Commission embarked upon or become involved in either as a party to the case, or as an amicus curiae, as a result of the non-implementation of its recommendations since I January 2009; (4) in respect of each specified case, (a) who were the parties to the case, (b) what was the recommendation not acted upon and (c) what was the outcome of the case? NW2851E

Reply:

ATTACHED FIND HERE: Reply

28 July 2015 - NW2438

Profile picture: Kopane, Ms SP

Kopane, Ms SP to ask the Minister of Cooperative Governance and Traditional Affairs

What amount did (a) his department and (b) each entity reporting to him spend on advertising in (i) Sowetan and (ii) Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?

Reply:

(a)(b)(i)(ii)(aa)(bb)(cc)

The Departments:

The Sowetan

   

2012/2013

2013/2014

2014/2015

111,444 .27

176,592.50

239,974.07

The Daily Sun

   

2012/2013

2013/2014

2014/2015

-

-

38,136.42

The Entities:

The South African Cities Network (SACN)

The SACN did not spend any amount on advertising in Sowetan and Daily Sun in the 2012 /13, 2013/14 and 2014/15 financial year.

South African Local Government Association (SALGA)

The Sowetan

   

Total

2012/2013

2013/2014

2014/2015

 

-

R50, 940,90

R73, 051,20

R123,992,10

The Daily Sun

     

2012/2013

2013/2014

2014/2015

 

-

-

-

 

Municipal Demarcation Board

The Sowetan

   

Total

2012/2013

2013/2014

2014/2015

 

R267,471,36

-

R30,834,70

R298 306,06

The Daily Sun

     

2012/2013

2013/2014

2014/2015

 

R380,933,25

R298,981,26

-

R679 851,54

28 July 2015 - NW2210

Profile picture: Madisha, Mr WM

Madisha, Mr WM to ask the Minister of Cooperative Governance and Traditional Affairs

Whether the Government has committed funds over the medium term to establish any new town or city as a result of any new set of compelling economic reasons; if not, why not; if so, (a) what was the rationale for doing so, (b) where is this new town or city to be located, (c) what information was shared with Parliament to get its input on the advisability of establishing such a new town or city, (d) what costs will the Government have to carry over the medium term and (e) when did the Cabinet have the opportunity to study the feasibility report and accept the desirability to proceed with the establishment of such a town or city?

Reply:

Government has not taken any decision to establish new cities, and thus no funds have been set aside for this purpose. It should also be noted that development of cities can evolve from small towns or urban nodes that grow as a result of increased economic activities and population growth. Examples of such areas include towns such as Lephalale, which is growing rapidly due to increased economic activities and public infrastructure investments in the area. Furthermore, the location, desirability and growth of such areas are informed by municipalities Spatial Development Frameworks. It is, therefore, the responsibility of municipalities to approve such developments. However, as new and substantial economic hubs develop in new towns and cities, government will assist these municipalities to acquire appropriate planning and other technical capability to manage these new challenges and opportunities.

28 July 2015 - NW2448

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Labour

Whether she has found that the lack of work placements is due to the delays by employers; if not, what is the position in this regard; if so, what ways are employers responsible for the delay in work placements?

Reply:

No. the law has only been in place for few months hence cannot make a realistic analysis of what the real cause of the delays are at this stage.

28 July 2015 - NW2219

Profile picture: Madisha, Mr WM

Madisha, Mr WM to ask the Minister of Communications:

Whether the Government will request the SA Broadcasting Corporation to precede one or more of its evening broadcasts in an indigenous language with a five minute vocabulary introduction in English, so as to enable listeners who wish to learn that indigenous language to prepare themselves with the necessary vocabulary to follow the news and thus begin to learn that language; if not, why not; if so, what steps will she take in this regard? NW2576E

Reply:

If news were required to give up five minutes of the bulletin, the SABC will hardly be left with enough time to do the stories that are already limited.

The SABC Television and SABC Education are already providing an invaluable service as per its mandate and the ICASA license conditions



MR N MUNZHELELE
[ACTING] DIRECTOR GENERAL
DEPARTMENT OF COMMUNICATIONS
DATE: 24/07/15

MS AF MUTHAMBI, MP
MINISTER OF COMMUNICATIONS
DATE:

ATTACHED FIND HERE: QUESTION NUMBER 2305 OF 2015

28 July 2015 - NW2360

Profile picture: Tarabella - Marchesi, Ms NI

Tarabella - Marchesi, Ms NI to ask the Minister of Finance

(1)What is the breakdown with regard to the current price per liter of (a) petrol and (b) diesel in terms of the (i) cost of petrol or diesel, (ii) fuel levy, (iii) tax and (iv) any other items; (2) what amount has been collected by National Treasury through fuel levy (a) in the (i) 2011 12, (ii) 2012 13, (iii) 2013 14 and (iv) 2014 15 financial years and (b) since 1 April 2015; (3) whether any amount is ring-fenced for the maintenance of roads; if so, what amount has been spent on maintaining roads (a) in the (i) 2011 12, (ii) 2012 13, (iii) 2013 14 and (iv) 2014 15 financial years and (b) since 1 April 2015?

Reply:

The Honourable Member should note that the Department of Energy is responsible for administering the petrol and diesel prices, and also for determining the basic fuel price (BFP). The Minister of Finance is only responsible for setting the levies and any taxes on petrol and diesel. However, to make it easy for the Honourable Member, I will draw from the website of the Department of Energy (http://www.energy.gov.za/files/petroleum_frame.html) to assist in providing a comprehensive response to the question. The starting point in arriving at the domestic wholesale retail selling price of petrol diesel in South Africa is the calculation of the basic fuel price (BFP), and I will draw on the website of the Department of Energy in response to questions 1(a) and (b) (i) (and (iv)), and then provide my own response to the questions on the tax and levies on petrol and diesel.

(1). (i) and (iv) The website of the Department of Energy states that the basic fuel price (BFP) attempts

“to represent the realistic, market-related costs of importing a substantial portion of South Africa's liquid fuels requirements, and it is therefore deemed that such supplies are sourced from overseas refining centres capable of meeting South Africa's requirements in terms of both product quality and sustained supply considerations.

The petrol price in South Africa is therefore directly linked to the price of petrol quoted in US dollars at refined petroleum export orientated refining centres in the Mediterranean area, the Arab Gulf and Singapore. This means that the domestic prices of fuels are influenced by (a) international crude oil prices, (b) international supply and demand balances for petroleum products and (c) the Rand/US Dollar exchange rate”.

The website goes on to note that there are both international and domestic influences that are added to the BFP to arrive at the final pump prices in the different fuel pricing zones (magisterial district zones). The domestic influences include inland transport costs, wholesale margin, retail profit-margin, the slate levy, and various taxes / levies as listed below. It should be noted that diesel prices are regulated only up to the wholesale level; so the retail price of diesel is not regulated.

(ii), and (iii) Levies on fuels and taxes

The following levies and taxes that apply to liquid fuels in South Africa are provided below:

Table 1: Levy, tax and additional items on PETROL AND DIESEL

Levy

Date first imposed

Amount of levy

Fiscal year 2015/16

Objective of the levy

General fuel levy

Early 1980s; Customs and Excise Act, No.91 of 1964

Introduced for the first time around April 1983

255 cent per litre on petrol and 240 cent per litre on diesel

Revenue (net of the refunds) go to the National Revenue Fund, from which they are appropriated to fund government’s general expenditure programmes, including the construction and maintenance of roads and support of public transport. Refer to the annual Budget Review for more information for any specific fiscal year. .

Since the abolishment of RSC levies, about one third of the revenue is shared with metropolitan municipalities.

Customs and excise levy

1994; Customs and Excise Act, No.91 of 1964

Introduced in April 1983

4 cents per litre on petrol, diesel and biodiesel.

The 4 cents per litre has been fixed since the 1990s.

Included in the Southern African Custom Union (SACU) pool and shared amongst the SACU member countries.

Road accident fund levy

Road Accident Fund Act, No.56 of 1996

Introduced in May 1997

154 cents per litre on petrol, diesel and biodiesel

Provides cover for all road users against injuries sustained or death arising from accidents involving motor vehicles.

Equalisation fund levy

Central Energy Fund Act, No. 38 of 1977;

Introduced in January 1979

Zero cents per litre on both diesel and petrol since 1996

The fund was in the past primarily used to smooth out monthly fluctuations in the price of liquid fuels. This was an attempt to try and limit the impact of volatile international crude oil prices and fluctuations in the Rand / US $ exchange rate on fuel prices. This effort has not been very successful and was ceased about 5 years ago.

Demand Side Management Levy

The Central Energy Fund Act, No. 38 of 1977;

Introduced in January 2006

10 cents per litre on 95 Octane petrol in inland areas

Most vehicles in the inland market do not require 95 ULP. In an effort to limit the demand for 95 ULP in the inland area to prevent "octane wastage" and to ensure sufficient supply for motorist who really need it the DSM levy was introduced.

Petroleum Pipelines Levy

The Petroleum Pipelines Levies Act, No. 28 of 2004

Introduced in March 2007

0.15 cents per litre - NERSA

To meet the general administrative and other costs for the functions performed by the Petroleum Pipelines Regulatory Authority.

Slate Levy

The Central Energy Act, No.38 of 1977

Introduced in January 2009

Fluctuates

To finance the balance in the Slate account when the Slate is in a negative balance. If the daily Basic Fuel Price (BFP) is higher than the BFP in the fuel price structure, a unit under recovery is realised otherwise there is an over recovery for the oil companies.

IP tracer dye levy

Central Energy Fund Act, No. 38 of 1977.

Introduced in August 1999

0.01 cents per litre

To curtail the unlawful mixing of diesel and illuminating paraffin, an illuminating paraffin tracer dye is injected into illuminating paraffin. An illuminating paraffin tracer dye levy was introduced into the price structures of diesel to finance expenses related thereto.

       

The Table below indicates how the pump price for petrol, and the wholesale price for diesel, is determined for an inland province like Gauteng.

Table 2: Composition of levy, tax and additional items in Gauteng

COMPOSITION OF THE RETAIL PRICE OF PETROL AND THE WHOLESALE PRICES FOR DIESEL IN GAUTENG FOR June 2015

 

GAUTENG FUEL PRICES

Petrol 93 ULP

Diesel * 0.05% S

 

c/l

c/l

Basic fuel price (BFP)

644.65

638.63

Wholesale margin

33.50

64.70

Service cost recoveries

30.00

30.00

Dealers margin (*)

151.10

N/A

Zone differential in Gauteng

35.30

35.30

Fuel levy

255.00

240.00

RAF levy

154.00

154.00

Customs & excise duty

4.00

4.00

IP Tracer levy

N/A

0.01

Slate levy

0

0

Petroleum Pipelines Levy

0.15

0.15

Rounding

0.3

 

Retail price

1 308.00

 

Wholesale price

 

1 166.79

(2) Fuel levy revenue

The money received from the fuel levy is recorded in the relevant audited financial statements every year, and included in the appropriate Budget Review, all made available to Parliament and the public. The figures below are drawn from annual Budget Reviews.

Table 3: Revenue from the General Fuel Levy and RAF

R million

General Fuel Levy (net)*

Road Accident Fund Levy

2011/12 (audited)

36 589.07

16 628.02

2012/13

(audited)

40 320.20

17 621.42

2013/14

(audited)

43 684.65

19 961.98

2014/15

(estimate)

48 466.52

22 038.71

* Net of diesel refunds 

Source: Budget Review

Table 4: Initial estimate of revenue collected since 1 April 2015 to 31 May 2015

   

2015/16#

8 602.88

4 364.56

Revenue from 1 April 2015 to May 2015 

Source: Statement of the National Revenue, Expenditure and Borrowing as at 31 May 2015 issued by the DG: National Treasury

(3) No, as noted in the Budget Review and other budget documents every year, there is no money received from the fuel levy that is ring-fenced for the maintenance of roads. The building and maintenance of roads is done by departments or agencies in all three spheres of government, and is appropriated in national and provincial laws and municipal budgets. The amounts spent directly by the national government on the maintenance of roads are appropriated from the National Revenue Fund, and the budget information is provided below. A national entity like SANRAL also funds maintenance of certain roads, using budgetary funds and revenue it may collect. The actual funds spent per year on the maintenance of roads requires the Honourable Member to consider the budgets and annual reports of all organs of state involved with road funding in all three spheres of government.

It should also be noted that in 2014/15 R10.19 billion of the net revenue from the general fuel levy was allocated to the eight metropolitan municipalities as a part of a revenue sharing arrangement.

Money from the Road Accident Fund levy is ring-fenced and used by the Road Accident Fund to compensate victims of vehicle accidents for injuries sustained as a result of such accidents. The Road Accident Fund Levy is thus a form of a personal injuries insurance policy. Further information is available from its annual reports.

The tables below are from the 2015 Budget document Estimates of National Expenditure (ENE) and provide an overview of the funds allocated to the National Department of Transport.

Vote 37: National Department of Transport

Subprogramme:

R million

2014/15

2015/16

2016/17

Administration

382.90

399.80

423.50

Integrated Transport Planning

81.20

84.30

89.10

Rail Transport

15 034.60

18 362.00

19 389.60

Road Transport

21 645.30

22 852.10

23 876.20

Civil Aviation

148.30

154.00

162.70

Maritime Transport

110.60

115.40

121.80

Public Transport

11 323.80

11 846.40

12 779.10

TOTAL

48 726.70

53 814.00

56 842.00

Vote 37: National Department of Transport

Subprogramme: %

2014/15

2015/16

2016/17

Administration

0.8%

0.7%

0.7%

Integrated Transport Planning

0.2%

0.2%

0.2%

Rail Transport

30.9%

34.1%

34.1%

Road Transport

44.4%

42.5%

42.0%

Civil Aviation

0.3%

0.3%

0.3%

Maritime Transport

0.2%

0.2%

0.2%

Public Transport

23.2%

22.0%

22.5%

TOTAL

100%

100%

100%

28 July 2015 - NW2296

Profile picture: Mileham, Mr K

Mileham, Mr K to ask the Minister of Finance

(1)With reference to the consolidated report on the audit outcomes of local government for the 2013-14 financial year, what are the names of the 12 auditees where management did not investigate all incidents of possible fraud or improper conduct in supply chain management processes in the 2012-13 financial year as recommended by the Auditor-General; (2) (a) how many findings were reported for each of the 12 auditees and (b) why were all of the findings not investigated, in each case? NW2657E

Reply:

The department is currently gathering the information required to respond to this question as it is not information that is readily available. After the details of the 12 auditees referred to in the General report have been received from the Auditor General, each of these municipalities will be requested to provide the details of the cases that constituted the total of the irregular expenditure in question in order to respond to part two of the question.

The response will be provided as soon as possible after this information is made available.

28 July 2015 - NW2528

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Steenhuisen, Mr JH to ask the Minister of Defence and Military Veterans

With reference to the tour undertaken by the Cuban Five to South Africa, what amount did her department spend on (a) accommodation, (b) flights, (c) meals, (d) in-country transport and (e) entertainment for the five men and their family?

Reply:

R0

28 July 2015 - NW2462

Profile picture: Bhanga, Mr BM

Bhanga, Mr BM to ask the Minister of Cooperative Governance and Traditional Affairs

(1) Whether he is aware that a certain official (Mr K Ngema) from the Ekurhuleni Metropolitan Municipality wrote to the bid adjudication committee (BAC) (BB7 Attached)requesting that they use a new form to change their operating procedures in order to ensure that all tenders above R10 million be forwarded to the specified person; (2) Whether he is aware that the specified official requested that the new procedure be applied retrospectively to three tenders that have already been adjudicated by the bid adjudication committee; if so, what is his position in this regard? NW2830E

Reply:

I am not aware of these assertions, nor, have not investigated this matter and therefore, I have not established any facts surrounding this matter.

I intend writing to the MEC responsible for Local Government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission and investigation into the matter.

28 July 2015 - NW1330

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Shinn, Ms MR to ask the Minister of Communications

(a) What discussions (i) have been or (ii) are being held with her department regarding the long-standing debts owed to the Independent Communications Authority of South Africa for broadcast licensing fees by (aa) the SA Police Service and (bb) the SA National Defence Force, (b) when were these meetings held, (c) what was the purpose of the meetings and (d) what was the outcome, in each case?

Reply:

(a) The SAPS and SANDF are not holders of Broadcasting Licences.

 

MR N MUNZHELELE

[ACTING] DIRECTOR GENERAL

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI, MP

MINISTER OF COMMUNICATIONS

DATE:

28 July 2015 - NW2464

Profile picture: Chance, Mr R

Chance, Mr R to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether he is aware that a certain person (Mr K Ngema) sent letters (details furnished BB29) to the members of the Bid Adjudication Committee (BAC); (2)Why did the specified person compel BAC members to give a line of evidence that contradicts the minutes of the BAC meeting on 18 April 2011 and the appointment letter of Lesira Teq PTY LTD (details furnished BB28); (3)What is his position on this course of action by the specified person? NW2832E

Reply:

I am not aware of these assertions.

I intend writing to the MEC responsible for Local Government in Gauteng, in terms of Section 106(4) (b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

I will await the outcome of the investigation to determine whether or not there are findings that will enable me to provide specific responses in respect of sub-questions (1),(2) and (3).

28 July 2015 - NW2483

Profile picture: Mileham, Mr K

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

(1)In each (a) metropolitan, (b) local and (c) district municipality, what is the total amount currently owed for rates and service charges by municipal councillors and/or traditional leaders serving on municipal councils which is over 90 days; (2) in respect of each case, (a) who is the councillor or traditional leader involved, (b) what is the amount owed and (c) has a repayment agreement been reached with the councillor and/or traditional leader; if so, when will the amount be repaid in full; (3) whether any action has been taken against such councillors and/or traditional leaders in terms of section 13 and 14 of the Code of Conduct for Municipal Councillors; if not, why not; if so, (a) who is the councillor and/or traditional leader involved and (b) what action has been taken; (4) whether his department will take any action against the (a) municipality, (b) speaker of the municipal council and (c) municipal council in cases where no action has been taken in this regard?

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, requested all the Provinces to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.

28 July 2015 - NW2349

Profile picture: Esau, Mr S

Esau, Mr S to ask the Minister of Defence and Military Veterans

What is the present monitoring and evaluation capability within her department?

Reply:

The monitoring and evaluation component of the Department is currently at a level of a Sub-directorate, and consists of a Deputy Director and an Assistant Director. A process currently is underway with DPSA to review the organisational structure.

27 July 2015 - NW2039

Profile picture: Steyn, Ms A

Steyn, Ms A to ask the Minister of Cooperative Governance and Traditional Affairs:

(1) Whether the (a) Joe Gqabi, (b) Elundini Local Municipality, (c) Senqu Local Municipality, (d) Maletswai Local Municipality and (e) Gariep Local Municipality have any disaster management plans in place; if not, why not; if so, (i) what is the (aa) name, and (bb) contact details of each responsible official, (ii) which organisations serve on each respective disaster committee; and (iii) how many disasters were handled by each municipality since 2009. (2) Whether each specified municipality has firefighting equipment; if not, why not; if so, in each case: a) What equipment is available; b) Where is it held; c) What is the: (i) name, (ii) contact details of the official who is responsible for the equipment; and d) What is the maintenance plans for this equipment?

Reply:

Attached find here: Reply

27 July 2015 - NW2547

Profile picture: Msimang, Prof CT

Msimang, Prof CT to ask the Minister of Justice and Correctional Services

Whether, in light of the substantive number of repeat offenders after they have completed their sentences or released on parole, he has found that the country’s system of rehabilitation of offenders is contributing positively in the war against crime; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

Yes, the country’s system of rehabilitation of offenders is contributing positively in the war against crime. The Department’s philosophy of corrections is based on the ideals contained in the South African Constitution where it is stated that all South Africans should contribute to maintaining and protecting a just, peaceful and safe society in our country. There are thus inherent in the correctional system inter alia two obligations that the Department of Correctional Services (DCS) strives to adhere to, viz. the protection of society and creating opportunities for the correcting of offending behaviour and development and care of offenders.

Rehabilitation consists of various programmes, interventions and services to inmates in correctional centres as well as community corrections. These include amongst others, correctional programmes, social work services, psychological services, skills development and training, education, health care services, etc. Services to sentenced offenders are based on a comprehensive assessment as contained in their individual Correctional Sentence Plans (CSPs).

Rehabilitation services are geared to address individual needs as well as the offending behaviour and other factors such as substance abuse that might have contributed to committing of a crime. While the department is confident that this holistic approach contributes to the war against crime, we cannot wage this war alone. The department in its efforts to address offending behaviour and prevent re-offending needs the continued partnership with other government departments as well as civil society. While the offenders serve their sentence the department uses all its available resources to bring about a changed mind-set, while also developing skills and improving the educational levels, in an effort to release people with a greater sense of responsibility and better prospects to be law abiding. However, it is imperative that immediate families and society at large keep in contact with offenders and support them while being incarcerated, but more importantly upon their release from DCS facilities. This continued support would go a long way in addressing the tendency to fall back into crime due to lack of support, unemployment and substance abuse. Some of our programmes even consist of relapse prevention and coping plans to assist sentenced offenders coping with the challenges they are faced with upon release.

In addition and to assist in objectively establishing the impact of our rehabilitation efforts, we have partnered with University of South Africa (UNISA) who is currently busy with research to determine the impact of some of our rehabilitation programmes in Gauteng. This is an initial pilot phase. The results of this pilot will determine future impact research.

The department has developed clear targets for all our services, programmes and interventions to ensure participation of offenders both in our centres and within the community corrections system.

Through sport, recreation, arts, culture and library programmes and services, the department is assisting in the preparation of offenders for release, employment and self‐sufficiency. These programmes are structured and coordinated to be geared towards building and supporting self‐sufficiency and necessary for reducing the likelihood of offenders becoming involved in criminal activities.

The provisioning of Skills Development Programmes is aimed at reducing recidivism by ensuring that offenders are provided with Skills programmes that will assist them not only in the job market but also to create employment opportunities for themselves. The Department of Correctional Services is also partnering with the external service providers and government departments e.g. Department of Higher Education and Training (DHET), in ensuring that the programmes offered are accredited by the Sector Education and Training Authorities (SETA’s). Between October 2014 and March 2015, 1732 offenders were trained on different accredited trade related programmes e.g. furniture making, electrical, upholstery, building and plastering etc. These programmes were funded from by DHET through the National Skills Fund (NSF).

The work opportunities that are provided to offenders as part of offender rehabilitation in the Departmental Production Workshops and Agriculture/farms do contribute positively in the war against crime. The Departmental Production Workshops and Agriculture/

farms, provide the following to rehabilitate offenders and to contribute positively in the war against crime:

  • Opportunity for skills utilization and skills development, as well as work opportunities in the Departmental Production Workshops and Agriculture/farms.

The Department has 21 farms (mix farming-both animal and plant production) and 96 small sites (for vegetable and fruit production), as well as 19 textile workshops, 10 wood- and 10 steel workshops, furthermore there are 6 bakeries nationally, and one (1) shoe factory.

The offenders in the Departmental Production Workshops and Agriculture/farms are exposed to various technical fields, viz.:

  • Production Workshops: wood machining, cabinet making, wood polishing, upholstery, sheet metal working, welding, fitting and turning, spray painting, shoe manufacturing, clothing manufacturing and textile machine mechanics as well as baking (bread baking).
  • Agriculture/farming: vegetable, fruits, piggery, beef, dairy, agronomy, broiler/chicken production, layers/egg production, sheep and goats farming, abattoir operation/butcher, agro-processing, tractor as well as equipment operation.

The technical skills that are imparted to offenders in the Departmental Production Workshops and Agriculture/farms empower the offenders with technical knowledge, through which, upon their release, offenders can be employable and or create job opportunities, furthermore they can be self-sustained.

As part of offender rehabilitation, during 2014/2015 financial year, on average 1559 of offenders have worked in Production Workshops per day, meanwhile in Agriculture 3275 of offenders have worked per day, thus acquiring various technical skills in Production Workshops and Agriculture.

Education and participation in educational programmes is central in the department’s approach to provide opportunities for personal development of offenders as part of the rehabilitation process.

The Department is currently focused on the strengthening of the registered schools to ensure compliance to Department of Basic Education (DBE) policies and standards and to address the pass rate of the grade 12 learners. The Department reached the desired outcome of the establishment of 14 full time schools by 2014. The expansion and increase of the number of full time schools will be considered after all the currently registered schools have complied with the DBE Policies and Regulations. A Compulsory Education Task Team was established to ensure that all offenders without a qualification equal to Grade 9 or Adult Education and Training (AET) Level 4 are enrolled in the education programme. In 2015 participation of offenders in all the available education programmes stands at 16 444.

Acknowledging the efforts by the DCS in the rehabilitation of offenders, one should also acknowledge that no guarantee can be given that an ex-offender will not reoffend, due to various external factors that are beyond the control of DCS, e.g. lack of support from family and community, poverty, unemployment, etc.

The South African Department of Correctional Services has taken a deliberate and conscious decision to put rehabilitation at the center of all its activities in order to ensure that ex-offenders return to society as law-abiding and self-supporting individuals. In this process the Department is aware of the fact that corrections is a societal responsibility, therefore the Department is working very closely with civil society organizations and other government departments in its rehabilitation efforts.

Achievements

  • There is a notable increase in parolee and probationer compliance levels in South Africa. Of the 71, 623 Daily average community corrections caseload, 51 634 are parolees and 18 545 probationers, whose compliance levels are at 98% and 95% respectively. This was done through the establishment of community corrections satellite offices as well as service points managed in consultation with stakeholders. These interventions help build credibility and public trust in the system increasing more non-custodial sentencing by the judiciary.
  • The introduction of the innovative Electronic Monitoring System which was launched in July 2014 marked another milestone in the modernisation of correctional services. Since its rollout, cumulatively 1009 people were tagged and currently 604 persons are monitored by this system. Electronic Monitoring System has enabled the department to effectively track offenders on 24-7-365 basis. During the 2015/16 financial year at least 1000 people can be tagged at any given time.
  • Major strides were made in advancing victim participation in the parole system in line with Criminal Procedure Act, 1977 and Correctional Services Act, 1998, which provide a framework for consultation of victims of crime in parole considerations. The department is committed to ensuring effective social reintegration with more involvement and participation by victims, families and communities.
  • Significant progress was made in championing the implementation of restorative justice model as an integral part of broadening access to justice and enhancing the criminal justice range. In order to improve victim and community participation at various stages of corrections. The Department introduced the victim offender mediation and dialogue, thus far 1541 victims and 3738 offenders have participated in these restorative justice initiatives in the last financial year alone.
  • DCS has made concerted efforts to explore a possibility of reducing the period of criminal record for ex-offenders particularly for minor and non-violent cases as part of enhancing rehabilitation and reintegration of offenders into their respective communities as productive and law-abiding citizens.

 

  • DCS has made courageous efforts to introduce a concept of Halfway House in 2012 in order to enhance social reintegration of offenders and to reunite offenders with their families especially those who did not have support systems at their time of release from the correctional centre. There are seven (7) halfway houses which have established through partnerships. These include the following :

REGION

HALFWAY HOUSE

NON PROFIT ORGANIZATION

Gauteng

Naturena

House of Glory

Eastern Cape

Vezokuhle

Vezokuhle Youth Development Project

LMN

Lehae la Batho

New Life After Prison

 

Klerksdorp

Dream Team Foundation

 

XILEMBENI

Nomasojabula

Western Cape

Beauty for Ashes

Beauty for Ashes

 

Realistic

Realistic

  • Halfway houses have contributed positively towards minimizing chances of re-offending and reduction on overcrowding in correctional centres. The total numbers of eighty four (84) residents were successfully reintegrated. The majority of offenders who went through halfway houses were assisted to find permanent employment and others have started their own businesses through the assistance from Non-Governmental Organisations.
  • Greater strides were made with regard to building partnerships with academic institutions to use learners from these institutions to ensure that there is sufficient capacity to conduct profiles of community of origin of offenders. The provision of community profiles will effectively assist the Department to identify needs and risks of offenders who are due to return those particular communities and to guide services and interventions targeting offender behaviour. The profiles of community of origin of offenders are the key indicators of rehabilitation and successful reintegration of offenders
  • DCS has partnered with state agencies and departments, Non-Profit Organisations, academic institutions, Non-Governmental Organisations, and other relevant external stakeholders to broaden the scope and spread of interventions to correct offending behaviour.
  • These partnerships have led to 76 parolees being employed permanently by the Working-on-Fire programme. To improve offender reintegration, 212 parolees and probationers were provided with start-up tools to enable them to open their own businesses and thereby contributing to employment creation. These partnerships have added employment opportunities for parolees in the current financial year. There are also numerous cases of successful rehabilitation/reintegration including businesses operated by ex-offenders who have been provided with start-up tools, who have in turn employed other offenders/community members.
  • The employability of ex-offenders is the key indicator of successful reintegration. In numerous interactions former offenders who have remained law-abiding citizen for years but they are finding it extremely difficult to maintain or retain their employment after employers had discovered that they have criminal record. A criminal record is a barrier to a successful reintegration of offenders because the majority of employers are reluctant to hire ex-offenders, thereby relapsing into life of crime as means of survival. The Department of Correctional Services is in the process of providing inputs on the expungement of a criminal record to the South African Law Reform Commission.

27 July 2015 - NW2339

Profile picture: Selfe, Mr J

Selfe, Mr J to ask the Minister of Justice and Correctional Services

Whether parole has been approved to a certain person (name and details furnished); if not, what are the relevant details?

Reply:

No, parole has not been approved for the mentioned offender. He was sentenced to life imprisonment on 22 October 1999 for Robbery x 4; Rape x 2; attempted murder; assault grievous bodily harm (GBH); attempted escape x 2; housebreaking with intent to rob and robbery with aggravating circumstances; housebreaking with intent to steal; theft; unlawful possession of fire-arm x 5 and unlawful possession of ammunition x 3.

The offender was considered by the Minister of Correctional Services on 11 October 2013 for possible placement on parole. The Minister decided that the offender should be reconsidered during October 2015. During this period, the following should inter alia be addressed:

  • Offender needs to undergo individual Psychotherapy in order to address his anger towards females and needs to attend counselling sessions to address parental guidance and communication styles.
  • A copy of the judgement on conviction and sentence be obtained.
  • The profile reports of the accomplices of the offender should be subjoined to the National Council for Correctional Services and Minister during October 2015.

27 July 2015 - NW2143

Profile picture: Bhanga, Mr BM

Bhanga, Mr BM to ask the Minister of Cooperative Governance and Traditional Affairs

With reference to his reply to question number 338 on 12 March 2015, has his department determined whether or not the forensic investigation referred to was commissioned; if not, why not; if so, what remedial action was taken?

Reply:

According to the information received from the Limpopo Department of Cooperative Governance and Traditional Affairs, there was no record of a forensic investigation report on the matter. There is no record of the alleged report being tabled at the Council of Makhado Municipality.

27 July 2015 - NW2099

Profile picture: Macpherson, Mr DW

Macpherson, Mr DW to ask the Minister of Cooperative Governance and Traditional Affairs

With relation to the Municipal Demarcation Board and the ward delimitation of the Umshwathi Local Municipality, (a) What public consultation has taken place with residents of the municipality; and (b)(i) When and (ii) where did this take place?

Reply:

The following response is based on information provided by the Municipal Demarcation Board.

A consultation meeting was held with the municipal leadership of Umshwathi Local Municipality including traditional leaders, representatives from the IEC, members of the public and other interest groups.

(a) (i) The meeting took place at 10h00 on the 04 of May 2015.
(ii) It was held at a community hall in Cool Air.

27 July 2015 - NW2543

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Justice and Correctional Services

With reference to his reply to question 1705 on 26 May 2015 and to question 1485 on 30 April 2015, when does he intend to finalise the (a) investigation into the actions of the Midvaal Local Authority, (b) report of the Special Investigative Unit regarding the specified local authority, (c) signing off of the specified report by the President and (d) steps to be taken against any institutions or persons identified in the specified report?

Reply:

The SIU Report is still in process of legal review by the SIU. The reason for this process taking so long is that the lead investigator passed away. As a result a new investigator had to be assigned to re-engage the whistleblowers to clarify certain aspects of the investigation.

27 July 2015 - NW2542

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Justice and Correctional Services

(1)Whether any unit attached to the (a) SA Police Service (SAPS) or (b) SA Revenue Service (Sars) has investigated the amounts which (i) a certain person (name furnished) and (ii) two officials of the Local Action Committee (LAC) for Fifa’s 2010 Soccer World Cup Tournament received from (aa) Fifa, (bb) the Government or (cc) any other person/s associated with Fifa, which were allegedly not declared by them and on which no tax was paid; if so, (aaa) when was the investigation undertaken, (bbb) who led the investigation, (ccc) when was the investigation finalised and (ddd) whether a recommendation was made to prosecute a person or persons in this regard; (2) whether, consequential to the specified investigation, a certain person (name and details furnished) from the Special Revenue Unit of the National Prosecuting Authority decided to prosecute a person or persons; if not, who took the decision to institute prosecutions; (3) whether (a) steps were taken to prosecute a person or persons and (b) the prosecution was carried out; if not, why not; if so, what was the outcome of this case; (4) Whether he will investigate such claims? NW2914E

Reply:

The Minister wishes to inform the Honorable member as follows:

  1. Questions regarding investigations by the South African Police Service and the SA Revenue Service should be submitted to the Minister of Police and the Minister of Finance, respectively, as it does not fall within the line function of my Ministry.
  2. I have been informed that the National Prosecuting Authority is not aware of such a matter being referred to the prosecutor.
  3. Falls away.
  4. Yes. If more substantiated can be provided.

27 July 2015 - NW2115

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Cooperative Governance and Traditional Affairs

(1)On what grounds was Mr M Mlandu the previous Ekurhuleni Metropolitan Municipality Director of Strategy and Planning fired; (2) whether it is the practice that persons appointed in accordance with section 56 of the Local Government: Municipal Systems Act, Act 32 of 2000, are appointed, suspended or fired by a resolution of a council meeting; if so, can he provide a copy of the decision by Ekurhuleni Metropolitan Municipality to fire Mr M Mlandu; (3) whether he intends to take any action on this matter; if not, why not; if so, what action? NW2426E

Reply:

According to information submitted by the Gauteng Provincial Department of CoGTA:

  1. Mr M Mlandu was charged with gross misconduct, unlawfully and improperly obtained documents, gross dishonesty and incompatibility. He was found guilty by the presiding officer who imposed dismissal as a sanction. Mr Mlandu has referred the matter to the Bargaining Council and the matter will be dealt with in July 2015.
  2. The municipal council is empowered to appoint, suspend and dismiss section 56 managers. In this particular case, a Council resolution was not passed as the decision to terminate the employment of Mr Mlandu, was delegated to the Executive Mayor by the Council.
  3. The Local Government: Disciplinary Regulations for Senior Managers, 2011 (‘‘the Regulations’’), regulation 10(6) provides that the presiding officer must, by not less than ten days after the last day of the hearing, provide the municipality and senior manager or his or her representative with a written reasons for the findings and a copy of the sanction.

Regulation 12(2) of the Regulations provides that the presiding officer must submit a record of the proceedings to the municipal council, within ten days after imposing the sanction. Regulation 12(3) of the Regulations further provides that the municipality must implement the sanction imposed by the presiding officer and report the outcome of any disciplinary hearing within fourteen days after the finalisation of such disciplinary hearing to the Minister and MEC responsible for local government in the province.

The findings of the disciplinary hearing were never presented before the Municipal Council which is a requirements in terms of Regulation 12(2) of the Regulations. The municipality will be advised to adhere to the process as provided in regulation 12 of the Regulations.

27 July 2015 - NW2282

Profile picture: Horn, Mr W

Horn, Mr W to ask the Minister of Justice and Correctional Services

(1)With reference to the third party funds administered by his department, (a) how many officials are, in terms of their (i) employment contracts and (ii) key performance areas, responsible for and involved in the process of the administration of third party funds and (b) how many of the specified officials have been vetted by his department in the last 12 months; (2) what amounts have been lost from the third party funds due to (a) theft and/or (b) maladministration (i) in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years and (ii) from 1 April 2015 up to the latest specified date for which information is available; (3) In respect of each financial year or period, (a) how many departmental officials were subjected to disciplinary processes as a result of the specified losses and (b) what portion of the specified losses was the subject of each disciplinary hearing?

Reply:

  1. (a) It is confirmed that 2 813 officials are involved in the administration of Third Party Funds at courts throughout the country.

(b) A total of 354 of these officials have been vetted during the previous financial year (2014/15).

(2) The current registered receivables for Third Party Funds for the financial years under question include R 3, 160, 615.80 registered in the 2012/13 financial year (0.05% of the value of all transactions that occurred during the year), R 7, 804, 641.23 registered in the 2013/14 financial year (0.13% of the value of all transactions that occurred during the year) and R 4, 360, 332.81 registered in the 2014/15 financial year (0.07% of the value of all transactions that occurred during the year). These receivables relate to dishonored cheques, maintenance overpayments and shortages. Shortages include amounts for theft, fraud, system errors and break-ins. Shortages account in general for 93% of receivables at financial year end. The receivables registered are systematically being investigated and finalized as per the Treasury Regulations and Departmental Prescripts. After such investigation should the amounts not be recovered, the Department of Justice and Constitutional Development stands as security should amounts be written-off and as such these activities have no impact on maintenance being paid to the beneficiaries. When write-offs occur within the ambit of the Treasury Regulations and Departmental prescripts, it would be appropriately reflected in the financial statements of the Department of Justice and Constitutional Development and audited as appropriate.

The department established the following controls to limit and prevent shortages in TPF in future:

  1. Daily reconciliation of monies at court level being submitted electronically for review by the regional supervisory staff;
  2. Weekly review of reconciliations submitted by National Office;
  3. Follow-up on corrective measures being implemented on a weekly basis by National Office;
  4. Consistent national effort with SITA to address system errors on JDAS that has led to a clear understanding of the system challenges that were 95% resolved at the financial year end of 2014/15 and will be finalized in the 2015/16 financial year;
  5. Physical Security and Programmatic Security to prevent Cyber Crime;
  6. Appropriate training at grass-roots level and supervisory level; and
  7. Appointment of financial technically proficient staff that can review reconciliations and fulfill oversight functions at the required levels.

3) The following numbers of officials were subjected to disciplinary processes as a result of the specified losses for the amounts stated for each financial year in question. Please take note that such disciplinary processes may have taken place in different financial years as to when the actual registration of the receivables occurred.

FINANCIAL YEAR

(a) NUMBER OF OFFICIALS

(b) AMOUNT (R)

2012/2013

87

2, 525, 622.45

2013/2014

56

1, 138, 621.01

2014/2015

43

1, 839, 635.60

April & May 2015

5

769, 807.78

27 July 2015 - NW2233

Profile picture: Motau, Mr SC

Motau, Mr SC to ask the Minister of Justice and Correctional Services

Whether (a) his department and (b) any entities reporting to him has paid out the remainder of any employee’s contract before the contractually stipulated date of termination of the contract since the 2008/2009 financial year up to the latest specified date for which information is available; if so, (i) what amount has (aa) his department and (bb) entities reporting to him spent on each such payout, (ii) to whom were these payouts made and (iii) what were the reasons for the early termination of the contracts in each specified case?

Reply:

The Minister wishes to inform the Honorable member that:

(a) The Department of Justice and Constitutional Development has no instance where the remainder of any employee’s contract was paid out before the contractually stipulated date of termination of the contract since the 2008-09 financial year to date.

(b) (i) Yes, out of the entities reporting to the Minister of Justice and Correctional Services, the National Prosecuting Authority has paid out employee contracts before the contractually stipulated date of termination of the contract. The details are as follows:

(bb) (i) Payout Amount

(ii) To Whom

(iii) Reason for early termination

R7,500,000

Mr Vusi Pikoli, NDPP 2005 – 2009

Payment made as a result of settlement agreements reached between the NDPP and the Presidency.

R17,357,233

Mr Mxolisi Nxasana, NDPP 2013 – 2015

Payment made as a result of settlement agreements reached between the NDPP and the Presidency.

(b) (ii)Legal Aid SA, the Office of the Chief Justice and the Special Investigating Unit have confirmed that there were no employees that were paid out their contract before the contractually stipulated date of termination of the contract.

The Department of Correctional Services or its entities does not have any employees whose contracts were terminated before the expiry of such contracts, and no paid outs made for the remainder of their contracts.

The Office of the Chief Justice was proclaimed as a National Department in 2010. From 2010 to 2015, the Office of the Chief Justice has not paid out the remainder of any employees’ contract before the contractually stipulated date of termination of their contracts.