Questions and Replies

Reply:

The Black Industrialist Policy was approved by Cabinet to support black entrepreneurs in the manufacturing sector of the economy, who have the potential to grow, invest and create jobs. These entrepreneurs must have identified an opportunity, own industrial capacity and are providing long term strategic and operational leadership to their business. The scheme focuses on sectors we believe are the corner stones of the country’s economy now and in the future as identified in the IPAP.

The names of the approved black industrialists will be published along with all the beneficiaries of incentive programmes for 2016/17 following the annual audit by the Auditor-General.

Reply:

1. The term of the reinstated Board of PRASA will expire on the 31 July 2017
2. There was no break in service as the Minister appointed the interim Board which was fully functional
3. The full Board was reinstated to ensure that they carry out their fiduciary duties, however some members of the Board resigned subsequent to their reinstatement leaving the vacancies which the Minister is currently in a process to fill.

Reply:

A case docket, Mhluzi CAS 63/12/2016 (assault with the intention to commit grievous bodily harm), was registered and investigated, with regard to the alleged assault on the learner.

The learner died in a hospital in Middleburg, Mpumalanga, in March 2017. It is suspected that the death could be related to complications as a result of the alleged assault in December 2016.

An inquest case docket, Middelburg CAS 472/03/2017, was registered relating to the death of the learner. The autopsy report and a medical report are now being awaited.

Reply:

(a)(i)(ii) The South African Police Service (SAPS) has never procured any services nor made any payments to the Decolonisation Foundation.

(b)(i)(ii) For a reply by the other entities reporting to the Minister of Police.

(aa)(bb)(cc)(dd)(ee)(ff) Not applicable.

Reply:

(1) The case docket is still under investigation and none of the stolen computers

have been recovered. Several persons have been questioned and premises were visited but the stolen computers could not be traced.

(2)(a) The investigation has not yet been completed and various enquiries are being persued to trace the stolen computers. The investigating officer is also following up on information relating to other possible suspects.

(2)(b) The case docket has been registered as: Midrand CAS 567/03/2017.

(2)(c)(d) The case docket has been allocated to the Gauteng Provincial Investigation Unit. The particulars of the investigating officer cannot be divulged to ensure that the investigation is conducted without fear or favour.

(3)(a)(b) Yes, a suspect was questioned and arrested. The case against the suspect has been remanded to 17 May 2017, for further investigation.

Reply:

DEPARTMENT OF PUBLIC SERVICE ANDS ADMINISTRATION (DPSA)

1. (b) No
2. (b) No (i) No (ii) No

(aa) Not applicable, (bb) Not applicable

NATIONAL SCHOOL OF GOVERNMENT (NSG)

1. (a) National School of Government did not participate in the Dialogue with the President: Unpacking of the SONA 2017 on Radical Economic Transformation Implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017

(2) (a) National School of Government did not participate in the auction.

CENTRE FOR PUPLIC SERVICE INNOVATION (CPSI)

1. (b) No
2. (b) No (i) No (ii) No

(aa) Not applicable, (bb) Not applicable

END

Reply:

The information that is required is not readily available. Each case must be verified before the information can be submitted. An extension of three weeks, is hereby requested, in order for us to provide the correct information.

Reply:

(1)(a) Long Range Acoustic Devices (LRADs) are, however, used as a non-lethal operational option by trained members of Public Order Policing (POP).

The device provides exceptional clarity and is used for short and long range communication with individuals and large crowds to easily establish standoff zones, inform, direct and prevent misunderstandings, peacefully resolve dangerous situations and to save the lives of both the public and law enforcement members during elevated risk operations. It offers a less physical option to kinetic measures such as tear gas, rubber bullets, pepper spray, tasers and flash grenades.

The following regulations and standards guide the use of the Long Range Acoustic Devices (LRAD) in South Africa:

• The Occupational Health and Safety Act, 1993 (Act No 85 of 1993);
• Regulation of Gatherings Act, 1993 (Act No 205 of 1993);
• Bill of Rights in the Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996);
• South African National Standards (SANS) 10103:2004 The Measurement and Rating of Environmental Noise with respect to Land Use, Health, Annoyance and Speech Communication;
• Hearing Conservation Regulations, promulgated under the Occupational Health and Safety Act, 1993 (Act No 85 of 1993);
• The South African Bureau of Standards (SABS) 083: 1996 Measurement and Assessment of Occupational Noise. (SANS 10083:2013 Edition 5.2); and
• SANS10083:2013 “SABS 083” The South African Bureau of Standards’ Code of Practice for the Measurement and Assessment of Occupational Noise for Hearing Conservation Purposes, SABS 083.

The device was tested by the Council for Scientific and Industrial Research (CSIR), which confirmed that the device is suitable for its intended use.

(1)(b) The SAPS is not aware of any regulations relating to the manufacture of LRADs as they are manufactured in the United States of America (USA), however, the device is provided with a user manual.

(1)(c) Yes, by the Company known as Acoustic Deterrent Systems cc.

(2)(a) Yes.

(2)(b) 25 Public Order Policing Units are in possession of LRADs.

(2)(a)(b)(i) During the 2014/2015 financial year.

(2)(a)(b)(ii) Acoustic Deterrent Systems cc.

(2)(a)(b)(iii) LRAD Corporation, California, USA.

(3)(a) Yes.

(3)(b) Yes.

Reply:

Question	EC	FS	GP	KZN	LP	MP	NC	NW	WC
a (i) Names of the schools that had not received top-up textbooks required for 2017 by the start of the academic year	168 schools See attached as Annexure A	None	None	None	Kgoboki Primary School and Reabilwe. Both schools had received CAPS textbooks orders from 2013-2016.	The province provides textbooks to new schools	None	None	None
a (ii) Names of the schools that have received only a portion of the top-up textbooks required for 2017 by the start of the academic year	473 schools received a portion of the Top-up textbooks. See attached as Annexure A	All schools received Top-up textbooks	79 schools received a portion of the Top-up textbooks. See attached as Annexure B	838 schools received a portion of the Top-up textbooks. See attached as Annexure C	All schools received Top-up textbooks	The province provides textbooks to new schools	116 schools received a portion of the Top-up textbooks See attached as Annexure D	363 schools received a portion of the Top-up textbooks. See attached as Annexure E	All schools received Top-up textbooks
Question	EC	FS	GP	KZN	LP	MP	NC	NW	WC
(b) Schools that still had not received their full allocation of top-up textbooks by 28 February 2017	4 934 schools had not received full allocation by 28/02/2017. See attached as Annexure A	All schools received Top-up textbooks	69 schools had not received their full allocation by 28/02/2017 See attached as Annexure B	All schools received their full allocation	All schools received their full allocation	The province only provided for new textbooks	116 schools had not received their full allocation by 28/02/2017. See attached as Annexure D	230 schools had not received their full allocation by 28/02/2017 See attached as Annexure E	All schools received their full allocation

Reply:

The details for questions (a) to (d) are attached in Annexure A.

The reasons for the Education, Training and Development Practices Sector Education Authority (ETDP SETA) utilisation of consultants are as follows:

• Education and Training Quality Assurance (ETQA)

In terms of the Quality Council for Trades and Occupations (QCTO) delegations, the ETDP SETA is required to use the services of verifiers with specific subject knowledge. The volume of verifications that need to be conducted far exceeds the internal ETDP SETA’s capacity.

• Research Chairs

ETDP SETA utilises the services of universities and research specialists, as it is not a specialised research institution. The establishment of research chairs assists ETDP SETA to increase its research capacity and transfer research skills to its staff.

• Accounting Secondment

Difficulties were experienced to recruit permanent skills, as its lifespan was unknown due to the uncertainty of its extension. The cost of the secondments were more cost effective than employing the same number of staff.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1385 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

a) and b)

The total amount borrowed by the largest state-owned entities is split into two, which constitutes borrowings by capex entities and borrowings by state-owned development finance institutions (DFIs). The amount that was reflected in financial statements as outstanding / borrowing by capex SOCs, which include ACSA, Eskom, SAA, SANRAL, TCTA and Transnet amounted to R557.1 billion for the 2015-16 financial year as shown in the link table below. The interest these entities incurred amounted to R43.9 billion for the 2015-16 financial year.

(Note: the interest incurred refers to the gross interest incurred by the entity before any adjustments such as capitalized interest costs, which would typically “understate” the interest incurred by the entity.)

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW1151Table_A-170606.pdf

The amount of debt that was outstanding or classified as borrowings by state-owned DFIs (Land Bank, DBSA and IDC) for the 2015-16 financial year amounted to R112.8 billion. The interest that these DFIs incurred for the 2015-16 financial year amounted to R7.1 billion. See the link below:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW1151TableB-170606.pdf

In total, all the nine entities had a total of R669.9 billion shown as balance sheet debt for the 2015-16 financial year with a total interest of R51 billion worth of interest incurred for the same year.

In terms of the funding, the 6 capex SOCs raised gross borrowings (before any repayments) of R117.7 billion for the 2015-16 financial year relative to a budgeted amount of R101.4 billion.See the link below:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW1151SOCs-170606.pdf

In terms of the funding, the 3 DFIs raised gross borrowings (before any repayments) of R58.8 billion for the 2015-16 financial year relative to a budgeted amount of R76.2 billion. See the link below:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW1151DFIs-170606.pdf

Reply:

The information requested by the Honourable Member is available in the audited financial statements found in the 2014 and 2015 annual reports of the eight entities reporting to me. The audited financial statements for 2016 are currently being audited and the annual reports containing these will be tabled in Parliament around August in accordance with section 65 (1) (a) of the Public Finance Management Act, 1999.

Reply:

Universal Service and Access Fund (USAF) – Cabinet approved Appropriations from the National Revenue Fund (NRF)

Between 2005/06 and as at 31 May 2017, a total of R2.8 billion was transferred to the Universal Service and Access Fund (USAF). This was done through the budget vote of the Department of Communications between 2005/06 to 2014/15 and the budget vote of the Department of Telecommunications and Postal Services from 2015/16 to date.

These allocations are comprised of funding of R501 million for projects related to its universal service and access mandate, as well as R2.3 billion for the Broadcasting Digital Migration project to pay for subsidies for Set Top Boxes (STBs), antennae and installation costs to qualifying poor households. The table link below illustrates the funding allocated:

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW1438USAF-170606.pdf

Source: ENE 2009 – ENE 2017

Reply:

NO	WHERE- Name of School, District and Province	WHEN	NO OF LEARNERS	DAYS LOST
2013
3	NO SCHOOLS DAMAGED
2014
4	Tsoe Primary School, John Taolo Gaetsewe, Northern Cape	5-Jun-14	316	1
5	Ditshipeng Primary School, John Taolo Gaetsewe, Northern Cape	5-Jun-14	428	1
6	Keatlholela Primary School, John Taolo Gaetsewe, Northern Cape	5-Jun-14	183	1
2015
7	Atamelang Primary School, Dr. Ruth S Mompati, North West	30-Sep-15	284	1
8	Mpolosa Senior Primary School, Lusikisiki, Eastern Cape	8-Jun-15	65	1
2016
9	Joe Slovo High School, Metro East, Western Cape	05-07 September 2016	1171	2
10	Orlando Secondary School, Johannesburg West, Gauteng	13-May-16	680	7
11	Magudwini High School, Ndwedwe, KwaZulu-Natal	18-Apr-16	321	22
12	Mokhari Secondary School, Waterberg, Naboomspruit Circuit, Limpopo	10 March to 05 April 2016	624	25
13	Mvaba Secondary School, Pinetown, KwaZulu-Natal	25-May-16	2000	10
14	Phakane High School, John Taolo Gaetsewe, Northern Cape	12-Apr-16	533	1
15	Avhatondwi Primary School, Vhembe, Limpopo	May-16	534	31
16	Frank Mukhaswakule Primary School, Vhembe, Limpopo	May-16	373	31
17	Khwara Secondary School, Vhembe, Limpopo	May-16	442	31
18	Kurulen Primary School, Vhembe, Limpopo	May-16	247	31
19	Luambo High School, Vhembe, Limpopo	May-16	133	31
20	Lupedze Primary School, Vhembe, Limpopo	May-16	256	31
21	Maligana Wilson Secondary School, Vhembe, Limpopo	May-16	696	31
22	Mariadze Primary School, Vhembe, Limpopo	May-16	480	31
23	Mashaa Primary School, Vhembe, Limpopo	May-16	182	31
24	Mashau Primary School, Vhembe, Limpopo	May-16	403	31
25	Masia Senior Primary School, Vhembe, Limpopo	May-16	92	31
26	Matshindevhe Primary School, Vhembe, Limpopo	May-16	275	31
27	Mavhina Primary School, Vhembe, Limpopo	May-16	318	31
28	Mphagane Primary School, Vhembe, Limpopo	May-16	421	31
29	Munwai Primary School, Vhembe, Limpopo	May-16	335	31
30	Nwaridi Secondary School, Vhembe, Limpopo	May-16	456	31
31	Radzambo Secondary School, Vhembe, Limpopo	May-16	184	31
32	Ramauba Secondary School, Vhembe, Limpopo	May-16	326	31
33	Tshinavhe Secondary School, Vhembe, Limpopo	May-16	391	31
34	Tshipakoni Secondary School, Vhembe, Limpopo	May-16	395	31
35	Tshirunzanani Primary School, Vhembe, Limpopo	May-16	264	31
36	Tshivhade Primary School, Vhembe, Limpopo	May-16	394	31
37	Vhafamadi Secondary School, Vhembe, Limpopo	May-16	867	31
38	Vhudzani Secondary School, Vhembe, Limpopo	May-16	310	31
39	Thomas Ntshavheni Primary School, Vhembe, Limpopo	May-16	414	31
40	Muvimbi Primary School, Vhembe, Limpopo	May-16	435	31
41	Masakona Senior Primary School, Vhembe, Limpopo	May-16	449	31
42	Tshinange Secondary School, Vhembe, Limpopo	May-16	625	31
43	Mawela Primary School, Vhembe, Limpopo	May-16	384	31
2017
44	Kwanang Primary School, Bohlabela District, Mpumalanga	January 2017 to 28 March 2017	587	40
45	Bakutswe High School, Bohlabela, Mpumalanga	January 2017 to 28 March 2017	575	40
46	Lamulelani High School, Bohlabela, Mpumalanga	January 2017 to 28 March 2017	215	40
47	Rindzani Junior Secondary School, Bohlabela, Mpumalanga	January 2017 to 28 March 2017	572	40
48	Hillview Primary School, KwaZulu-Natal	8-May-17	500	1

Reply:

The information requested by the Honourable Member is available in the audited financial statements found in the 2014-15 and 2015-16 annual reports. The audited financial statements for 2016-17 are currently being audited and the annual report containing these will be tabled in Parliament around August in accordance with section 65 (1) (a) of the Public Finance Management Act, 1999.

Reply:

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

The OTO announced earlier this year that they will be launching an investigation with regards to the refund processes administered by SARS to better understand the challenges, risks and complexity associated with the process. The investigation is currently underway and SARS is committed to working with the OTO to give them the required insight into the process so that they will be able to satisfactorily give feedback to the public on their findings.

SARS would want the current investigation underway to first be concluded before additional responses to the topic at hand is made as this stage.

Reply:

1. (a) and (b)

Yes, I am advised that there was correspondence between the Department of Environmental Affairs (DEA) and employees of the company whose name was furnished, as is required by the Environmental Impact Assessment Regulations (EIA), 2014. There has been, for example, comments on reports that have been submitted and formal letters such as an acknowledgement of the application and reports, as well as acceptance of the scoping report. DEA also had a pre-application meeting with the company whose name was furnished prior to submission of the application, which is customary practice.

It should be noted further that a certain person whose name was also furnished requested access to the same information, on behalf of AVDS Environmental Consultants, in terms of section 18(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (PAIA), on 17 November 2016. He requested access to information relating to the environmental authorisation application for the proposed Spitskop West Wind Energy Facility, within the Blue Crane Route Local Municipality in the Eastern Cape Province. DEA granted access to the information on 12 December 2016. On 02 March 2017, a certain person whose name was also furnished submitted an appeal in terms of section 74 (1) of PAIA, on the basis that all the information to which access had been granted was not provided by DEA due to an oversight. The Ministers Appeal Decision upheld the appeal, and further access was granted to the following additional information, which was within the scope of the requested information:

• The letter to the Department from the company whose name was furnished dated 04 October 2016;
• The letter from, the company whose name was furnished titled “Pubic Participation Process” dated 06 October 2016;
• An email correspondence from the company whose name was furnished to the Department dated 11 and 06 October 2016 respectively;
• An email correspondence from the Department on 26 October 2016; and
• The letter to the Department from the company whose name was furnished dated 17 November 2016.

2. Anybody who would like to participate in an EIA process can formally register as an interested and/or affected party. This will enable the party to receive documentation, reports, notifications, etc. during the process. Once registered, the details of the party will be included in a register that will be used to communicate with interested and/or affected parties. This register and the comments and responses report forms part of the EIA documentation to be submitted to the competent authority. This means that all registered parties’ names will be included in reports and correspondence thereto. DEA’s responses and decisions sent to the environmental assessment practitioner (EAP) responsible for the EIA process is public documents and form part of the reports.

(a) (i) Yes, the Scoping Report submitted as part of the Environmental Impact Assessment (EIA) process refers to “AVDS Environmental Consultants”. The name is included in the list of landowners notified during the scoping process and AVDS Environmental Consultants registered as a stakeholder and provided comments. The environmental impact assessment practitioner’s (EAP’s) response to the comments included “AVDS Environmental Consultants”. This is all set-out in Volume 3 of the Scoping Report dated October 2016. It is a legal requirement to include, in these reports, the names of registered interested and affected parties and their comments, as well as the EAP’s response thereto. DEA received the draft Environmental Impact Assessment report (EIAr) but has not reviewed the report due to the lapsing of the application. It therefore cannot be confirmed if the report also refers to “AVDS Environmental Consultants”.

(ii) Yes, the Scoping Report submitted as part of the Environmental Impact Assessment (EIA) process refers to “the person whose name has also been furnished”. The name is included in the list of landowners notified during the scoping process, and “the person whose name has also been furnished” registered as a stakeholder and provided comments. The environmental impact assessment practitioner’s (EAP) response to the comments included “the person whose name has also been furnished”. This is included in Volume 3 of the Scoping Report dated October 2016.

As indicated above, it is a legal requirement to include, in the reports, the names of registered interested and affected parties and their comments, as well as the EAP’s response thereto. DEA received the draft Environmental Impact Assessment report (EIAr) but has not reviewed the report due to the lapsing of the application. The Department therefore cannot confirm if the report also refers to “the person whose name has also been furnished”. It should also be noted that the scoping report refers to “the person whose name has also been furnished” – AVDS Consulting.

(iii) Yes, the Scoping Report submitted as part of the EIA process refer to “the clients”. The names are included in the documentation, table of registered interested and affected parties, and comments received from AVDS as contained in Volume 3 of the Scoping Report dated October 2016. DEA received the draft Environmental Impact Assessment report (EIAr) but has not reviewed the report due to the lapsing of the application. It therefore cannot be confirmed if this report also refers to the clients.

(b) (i) No, there were no correspondence that excluded the environmental impact assessment practitioner’ (EAP). As indicated in the response to (1) above, it is a legal requirement that the competent authority respond to the EAP as required by the Environmental Impact Assessment Regulations, 2014; for example, by means of sending comments on reports submitted and formal letters such as acknowledgement of the application and reports, and acceptance of the scoping report.

(ii) Yes, the environmental impact assessment practitioner (EAP) is responsible to inform and correspond with registered interested and affected parties and include these in the reports.

3. All documentation regarding the proposed Spitskop West Wind Energy Facility that is in the public domain can be provided upon receipt of the request. Access to other information, records and documents will have to follow the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (PAIA) process.

---ooOoo---

Reply:

1. (a) and (b)

The suspension of the Glenvista High School principal was as a result of the alleged financial mismanagement of the school funds. The principal was found guilty and sanctioned to three (3) months suspension without pay and subsequently returned to work after completing the three (3) months suspension. The allegation levelled against him was financial mismanagement.

2. (a) The allegation levelled against him was financial management.

(b) (i) Yes, an investigation was undertaken by KPMG.

(ii) Forensic Investigation processes were followed and was concluded within 60 days.

3. (a) The principal of the school and the Department were the only parties involved,

(b) and (c) The Department’s total cost was R 320 000.00 and the principal’s costs are unknown.

Reply:

The information has been requested from the nine (9) Provincial Education Departments and will be provided as soon as it is received.

Reply:

(a) This is not a statistic that is routinely calculated and reported on by the department, mainly because of the potentially misleading nature of this measure. Given that many people do not reach grade 12, the grade 10 to 12 throughput rate is sometimes thought to be a useful indicator of the overall proportion of youths who complete the NSC. However, it systematically underestimates the proportion of youths who complete the NSC, since the rate of grade repetition is particularly high in grade 10, resulting in an artificially inflated denominator for that calculation. Moreover, since learners who are counted in grade 10 migrate to TVET colleges and other educational pathways, and may well go on to achieve qualifications that are equivalent to the NSC.

The department is currently piloting an inclusive basket of indicators for national, provincial and school performance in the NSC. Amongst other indicators, the ratio of NSC passes to grade 10 enrolments is being considered as one indicator. If this indicator does become routinely reported it will be important to emphasize that it is not an accurate measure of the likelihood of youths completing grade 12.

What is official, within the Medium Term Strategic Framework and the Department of Education’s ‘Action Plan to 2019’ is the indicator titled ‘The percentage of youths who obtained a National Senior Certificate from a school’. The department has provided an in-depth methodological description of how to measure this, in the 2016 review of sector outcomes, titled ‘Report on progress in the schooling sector against key learner performance and attainment indicators’ (and available on the DBE’s website). Essentially, the indicator used in the Sector Report compares the annual number of NSC passes to an estimate of the 18-year-old population.

(b) The ratios of NSC passes to grade 10 enrolments (two years prior) are provided in the table below. The 2015 value of 39.8 is substantially lower than the 2015 value for the proportion of youths who obtained an NSC, which is 56.1%. This illustrates why a simple ratio of NSC passes to grade 10 enrolments cannot be interpreted as the percentage of people who go on to complete grade 12.

Table 1: Ratios of NSC passes to Grade 10 enrolment

Province	Grade 10 Enrolment	Matric Pass	“Throughput Rate”
	2012	2013	2014	2014	2015	2016	2014	2015	2016
EC	149 774	154 920	160 441	43 777	49 475	49 168	29.2	31.9	30.6
FS	59 948	60 643	56 519	21 899	25 416	23 629	36.5	41.9	41.8
GP	193 130	201 341	192 492	84 247	91 327	88 381	43.6	45.4	45.9
KZN	264 774	268 492	270 086	97 144	98 761	98 032	36.7	36.8	36.3
LP	176 279	187 804	193 803	53 179	66 946	63 595	30.2	35.6	32.8
MP	93 021	97 117	95 944	35 615	43 229	41 801	38.3	44.5	43.6
NC	21 739	22 727	22 515	6 715	8 064	7 902	30.9	35.5	35.1
NW	68 394	70 032	68 745	22 061	27 118	26 448	32.3	38.7	38.5
WC	76 436	83 234	79 327	39 237	45 489	43 716	51.3	54.7	55.1
SA	1 103 495	1 146 310	1 139 872	403 874	455 825	442 672	36.6	39.8	38.8

Provincial and national values for ‘The percentage of youths who obtained a National Senior Certificate from a school’ for 2014 and 2015 appear in the table below, which is extracted from the above-mentioned Sector Review on page 64. Final figures for 2016 have not been calculated yet, but the trend would largely follow the trend for the number of NSCs seen in the official DBE report for the 2016 Grade 12 examinations (title ‘National Senior Certificate Examination Report 2016’).

Table 2: NSCs over population for 2014 and 2015

Reply:

Whether (a) his department and (b) each entity reporting to him procured any services from and/or made any payments to (i) a certain company Bell Pottinger or (ii) any other public relations firms; if not, in each case, why not; if so, in each case, what (aa) services were procured, (bb) was the total cost, (cc) is the detailed breakdown of such costs, (dd) was the total amount paid, (ee) was the purpose of the payments and (ff) is the detailed breakdown of such payments?
		(i)	(ii)
a) DPT	DMR	No	No
b)Entities	CGS	No	No
	MINTEK	No	No
	SDT	No	No
	SADPMR	No	No
	MHSC	No	No

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

The comment was made in the context of the high repeat rate in the system.

(a) No full scale investigation has been initiated.

(b) There was no need to conduct such an investigation because:

• Data on both the repeat and drop-out rates showed that the number of learners decrease from Grade 10 onwards; and
• Measures were put in place to investigate the risk e.g. Progression Policy, Screening, Identification, Assessment and Support (SIAS) policy, Curriculum differentiation, etc.

Reply:

There are no additional procedures and processes that have been put in place following the remarks made in the judgments of the British American Tobacco Company and Agliotti cases.

The existing processes as prescribed in section 205 of the Criminal Procedure Act, Act No. 51 of 1977 provide sufficient safeguards, as per the reply to question 1373.

(i) Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit. The prosecutor also considers the affidavit before submitting it to the judicial officer, who is the final and independent arbiter on the application. There are thus three safeguards, in addition to the processes which may follow as part of a criminal prosecution which permits the accused to challenge the admission of evidence.

(ii) Not applicable

Reply:

(a) A consolidated, uniform approach to e-government is being developed by the Department of Telecommunication and Postal Services (DTPS). It would be prudent to address the question based on an understanding that the following qualities form the basis for e-government services:

• Focusing on efficiency gains in service delivery processes;
• Making government services more accessible to communities; and
• Improving inter-departmental interaction to ensure a streamlined service to the community.

The following projects will serve, inter alia, to demonstrate that e-government services are tangible and form an integral part of almost each and every corporate system that is in use in the South African Police Service (SAPS).

The Network Upgrade Project is a multi-year, multi-million rand project to modernise the network infrastructure at all SAPS offices, focusing on police stations as the priority.

The modernised network results in faster computing time, thereby reducing the time the community members are required to spend in a Community Service Centre (CSC), while information is being captured on corporate systems.

The modernised network enables modernisation of systems such as the Investigation Case Docket Management System (ICDMS) and the Automated Fingerprint Identification System (AFIS).

With higher capacities, the systems can be enhanced to do more, work faster and to exchange and/or verify information, even between government departments, for example the verification of citizen data between SAPS and the Department of Home Affairs. This is an e-government service that benefits citizens indirectly.

Corporate Systems are being developed, enhanced and maintained, by the State Information Technology Agency (SITA), on a daily basis. These systems all support the SAPS in day-to-day operations, ranging from crime administration systems, crime intelligence systems and corporate support systems. All these systems aim to support the qualities as mentioned above.

Below is a list of e-government services being rendered, but not having been specified as e-government services. The list is not an exhaustive list, but provides examples of e-government services which are integral to the day-to-day operations of the Division: Technology Management Services (TMS).

• The ICDMS administrative and investigative modules will ultimately lead to a paperless process where the case docket will be sent between departments in electronic format. This e-government service will lead to faster processing times, which should contribute to quicker resolution of cases.

• The SAPS webpage (www.saps.gov.za) currently has an e-government service where a citizen can enquire online about the status of their application for a Clearance Certificate. This is automated and the processing time has improved, as SAPS members do not spend their time answering enquiries, but rather spend it on executing the processes related to the Clearance Certificates.
• The e-Vetting system that is being utilised by SAPS internally, shortened the processing time to issue security clearances to SAPS members by Crime Intelligence, as everything is done online and not via a 10-page document.

• The Enhanced Firearm Registration System (EFRS) also promotes e-government services between SAPS and manufacturers and dealers of firearms. This ensures that the integrity of firearm information is reliable, as information is exchanged electronically.

• The implementation of the Central Supplier Database (CSD) reduces corruption as it ensures that when orders are issued to suppliers, ghost or shell companies are not used fraudulently as the requirements to be registered on the CSD are stringent. This enables faster payment to suppliers subsequent to goods and services having been rendered and minimises long payment cycles from government.

• Inter-departmental integrations are being managed through the Integrated Justice System (IJS) Board, where information exchange (between departments) is promoted using the Service Integration Business Architecture (SiBUS). This is an inter-departmental service which should eliminate duplication and therefore make processes more efficient in all relevant departments.

Most projects undertaken aim to address the qualities stated above. It is therefore not possible to isolate a cost factor associated purely with e-government services. SAPS corporate systems are being updated and enhanced on a daily basis, based on user requirements, as well as inter-departmental interfacing requirements. These services are rendered through the Service Level Agreements (SLA’s) between SAPS and SITA. The value of the Managed Applications SLA with SITA for 2016/2017, was R366 million. This includes all SAPS corporate systems, maintenance and support, as well as licensing costs for third-party software being utilised by SAPS.

(b) The budgeted cost for the Managed Applications SLA with SITA for 2017/2018 is R417 000 000, subject to final agreement between SAPS and SITA.

 

Reply:

No.

Reply:

(a) The Department of Science and Technology did not procure any services from or make any payments to –

(i) Bell Pottinger;

(ii) any other public relations firm.

(b) The entities reporting to the Minister of Science and Technology did not procure any services from or make any payments to –

(i) Bell Pottinger;

(ii) any other public relations firm.

(aa) not necessary

(bb) not applicable

(cc) not applicable

(dd) not applicable

(ee) not applicable

(ff) not applicable

Reply:

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

The OTO announced earlier this year that they will be launching an investigation with regards to the refund processes administered by SARS to better understand the challenges, risks and complexity associated with the process. The investigation is currently underway and SARS is committed to working with the OTO to give them the required insight into the process so that they will be able to satisfactorily give feedback to the public on their findings.

SARS would want the current investigation underway to first be concluded before additional responses to the topic at hand is made as this stage.

Reply:

(a) The department has, and will continue to apply the requirements of the National Environmental Management Act, Act 107 of 1998, as amended, as well as its subordinate legislation and will continue to ensure that it uses, among other things, a risk-averse and cautious approach in its assessments.

(b) DEA cannot “halt applications” and its Environmental Impact Assessment (EIA) processes once an application is received in terms of the EIA Regulations. In other words, the processes prescribed in terms of the legislation would have to be followed to finalise the application. DEA is obliged to consider all factors, including the findings of the assessment/s conducted for the facility in order to make an informed decision on whether to grant or refuse the application. The Spitskop West Wind Energy Facility’s EIA has not been concluded yet and DEA is awaiting the submission of the environmental impact assessment report (EIAr) which contains comments received on the proposed project and the specialist studies which will indicate the impact and significance of the impacts on, inter alia, avifauna. I am advised that, DEA has on-going consultations with BirdlifeSA and others. Vulpro and BirdlifeSA also have the opportunity to register as interested and affected parties (I&APs) and participate and provide input in the EIA process. The Renewable Energy Development Zones (REDZ) have been Gazetted for comment. For any site-specific EIA application in the REDZ, an assessment will still be required in future to determine site-specific impacts. The EIA process has in this case, as has been mentioned, not been concluded yet and no decision has been made by DEA.

(c) It must be understood that the department is not required by law to “engage the local expertise of certain companies”, but rather its function is to ensure that the reports submitted by the experts commissioned by the Environmental Impact Assessment practitioner (EAP) meet legislated requirements.

---ooOoo---

Reply:

Each candidate was shortlisted based on their skills, experience and expertise.

Reply:

(1)(a) The individual was appointed as a Non Executive Director (NED) to the Transnet Board of Directors on 14 December 2014, on a three year term, subject to annual review. By virtue of his appointment as NED, the said Person serves as member and Chairperson of the Board’s Acquisition and Disposal’s Committee and member of the Remuneration, Social and Ethics Committee. He is also Chairperson of the Transnet Second Defined Benefit Fund, the Transport Pension Fund and the Transnet sub-Fund of the Transport Pension Fund.

(b) The terms and conditions of the appointment are governed by the Companies Memorandum of Incorporation (MOI). The Board appointment process, includes sourcing of CVs from the DPE database preceded by the issuing of an advertisement to obtain nominations. At the time, the vetting process included verification of qualifications, disclosure of interests and credit checks. Persons are found to be suitable by virtue of their qualifications, expertise, skills and expertise.

(c) At the time, the vetting process included verification of qualifications, disclosure of interests and credit checks. No conflict was identified. Following approval by Cabinet, appointment by myself, and acceptance by the individual, Transnet’s internal policy of disclosure of interest at each meeting will apply. Should there be any conflict disclosed at any time in the tenure, the Director would need to observe fully and comply with the disclosure and recusal requirements of Transnet’s policies. It is important to note that the disclosure policies of a SOC must be in line with the PFMA 1999 and the Companies Act, 2008.

2. I am not aware of the personal relations of the Director with the name provided by the Member of Parliament. Once they are appointed on the Board, the Companies policies and procedures must be adhered to.

(3)(a-c) As stated above if a conflict is identified or disclosed after appointment the Company is responsible to manage through its applicable policies. Hence, no investigation was done by my Department as there was no cause for one.

4. Should there be any Director who has a conflict and has not properly disclosed, it is the Company who must report to me on the matter. Based on the report, as Executive Authority, I will take a decision on the matter.

 

Mogokare Richard Seleke Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Reply:

NATIONAL DEVELOPMENT AGENCY (NDA)

The position of (a) CEO was filled on 1 November 2016 with the appointment of Ms Thamo Mzobe. The position of (b) Chief Financial Officer became vacant after the resignation of the former CFO. Interviews were conducted for this position and it will be filled as soon as all relevant human resources has been completed. The position of (c) Chief Operating Officer was newly created in the NDA organizational structure that was approved by the NDA Board. Interviews were conducted for this position and it will be filled as soon as all relevant human resources has been completed.

SOUTH AFRICAN SOCIAL SECURITY AGENCY (SASSA)

The position of (a) Chief Executive Officer was filled on 1 November 2016 with the appointment of Mr Thokozani Magwaza. The position of (b) Chief Financial Officer was filled on 1 March 2016 with the appointment of Mr Tsakeriwa Chauke. The position of the (c) Chief Operating Officer is currently vacant and was advertised. The closing date for applications for this position was 8 March 2017. The post will be filled in the current financial year.

Reply:

1.Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit.

The prosecutor also considers the affidavit before submitting it to the judicial officer, who is the final and independent arbiter on the application. The Magistrate considers the application based on the affidavit but may also request that further information be provided and order that information not relevant to the case should not be used for any purpose There are thus three safeguards, in addition to the processes which may follow as part of a criminal prosecution which permits the accused to challenge the admission of evidence.

2. Yes. I have been informed that judges and magistrates receive continuous training and that applications in terms of section 205 of the Criminal Procedure Act resorts under the Criminal Law and Procedure Curriculum of the South African Judicial Education Institute.

3. No specified period was included in the question. It should be noted that the National Prosecuting Authority does not specifically require prosecutors to record the number of applications for cell phone data, and whether or not these were successful.

Reply:

1. The Department does not have information available for (a) or (b).

The Department is currently conducting a survey to determine the number of beds available at public Technical and Vocational Education and Training (TVET) colleges, the findings will be communicated once completed.

The Department will also investigate and report on the number of applications received at the start of the 2017 academic year.

(2) (a) No renovations are taking place or planned because Parliament has not appropriated any funds for this purpose. To alleviate the shortage of student housing at TVET colleges, the Department is working with the Department of Public Works to identify state buildings and land which could possibly be converted or developed for student housing. . The Department is also working with the National Treasury to investigate the possibility of using Public Private Partnerships (PPP) to provide student housing at colleges. PPP feasibility projects are being conducted for Motheo TVET College in the Free State and King Hintsa TVET College in the Eastern Cape.

(b) Construction projects utilising available funding are listed below:

(i) 248 beds at Umfolozi TVET College through an allocation from the National Skills Fund.

(ii) – (iv) Dependent on the outcome of the PPP feasibility projects being undertaken.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1388 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1a. The new Board of Directors of the SADPMR were appointed by the Minister of Mineral Resources on 1 November 2016. In exercising their fiduciary duties, the Board called for all the company policies to be presented to them. This was done in a Board meeting on 26 January 2017. Amendments were effected to certain policies, as discussed and agreed by the Board.

1b. The Assistant Company Secretary would be required to assist with training and development and facilitation with the organisation. The incumbent would need to support the Company Secretary particularly in the areas of writing, amending and collating Board and Committee policies and procedures. This required someone with an educational background.

2. Amongst a myriad of skills and qualifications, the Chairperson of the Board worked in the Department of Education for 26 years.

3. Whilst the incumbent and the Chairperson know each other of each other, there is no business or personal relationship between them.

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

In my reply to question 126 I indicated the following:

“The information provided by the North West Provincial Department of Human Settlements is as follows:

(a) The project commenced in June 2008.

(b) &(c) The progress made in respect of the project in Khudutlou Village is as follows:

• 3 Houses were completed
• 9 Units were at the roof level
• 11 Units were completed up to wall plate level
• 2 Slabs were completed

Due to poor workmanship, construction on the project has been put on hold and the North West Provincial Department of Human Settlements indicated that they are awaiting an engineering report with a view to considering cancellation of the contract.

(d) (i) The cost of the project is R1 282 025 for 25 units.

(ii) The total projected cost is R 2 569 200.

Furthermore, and for the benefit of the Honourable member who has recently joined the Portfolio Committee on Human Settlements, I wish to reiterate what I said during the Policy Debate on the budget of my Department on 12 May 2015 in the NCOP. I indicated,

“We are no longer rectifying houses using our budget. Any house that has defaults is the responsibility of the National Home Builders Registration Council (NHBRC), which is responsible to identify the contractor and ensure that they rectify the shoddy work at their own cost. The money currently used on rectification can and will be used in building more houses”.

Accordingly, I have requested the MEC for Local Government and Human Settlements in North West to provide me with a full report on this matter with a view to ensure that contractor responsible returns on site to undertake remedial work or is blacklisted if found to be in breach of the contractual agreement”.

In respect of this follow up question, I wish to add that there were no other contractors involved in the housing project in Khudutlou Village and reiterate that an amount of R1 282 025 was paid to the contractor for 25 units delivered.

With regards to the request for name(s) of contractors involved in the housing project referred to in this question, I am constrained and prohibited by the document titled “Guide to Parliamentary Questions in the National Assembly” from providing the Honourable Member with the name of the contractor. The document referred to states that:

“Questions are to be framed as concisely as possible. All unnecessary adjectives, references and quotations are omitted. Names of persons, bodies and, for example, newspapers are only used in questions if the facts surrounding the case have been proven. As the mere mention of such names could be construed as publicity for or against them, it should be clear that this practice is highly undesirable. If a question will be unintelligible without mentioning such names, the Departments concerned are notified of the name (-s) and this phrase is used: ".......a certain person (name furnished)”

I encourage the Honourable Member to provide me with any information that will assist me to deal with any challenges regarding the housing project Khudutlou Village.

Reply:

Whether (a) his department and (b) each entity reporting to him has (i) procured any services from and/or (ii) made any payments to the Decolonisation Foundation; if not, in each case, what is the position in this regard; if so, what (aa) services were procured, (bb) were the total costs, (cc) is the detailed breakdown of the costs, (dd) was the total amount paid, (ee) was the purpose of the payments and (ff) is the detailed breakdown of the payments in each case?
		(i)	(ii)
a) DPT	DMR	No	No
b)Entities	CGS	No	No
	MINTEK	No	No
	SDT	No	No
	SADPMR	No	No
	MHSC	No	No

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

(a)(i)(ii)

(aa)

Budget Allocation and expenditure for 2012-13
PROVINCE NAME	Budget allocation	Actual expenditure	Actual expenditure%
Eastern Cape	R 210 000 000.00	R 185 911 934.85	88.50%
Free State	R 42 502 000.00	R 42 402 153.00	99.77%
Gauteng	R 165 319 090.00	R 204 282 634.12	123.60%
KwaZulu-Natal	R 140 081 122.00	R 114 634 477.26	81.80%
Limpopo	R 134 209 000.00	R 103 961 302.28	77.50%
Mpumalanga	R 350 145 000.00	R 235 314 661.29	67.20%
Northern Cape	R 104 081 942.92	R 97 531 051.78	93.70%
North West	R 200 000 000.00	R 73 928 351.27	37.00%
Western Cape	R 216 305 000.00	R 225 716 238.00	104.40%

(bb)

Budget Allocation and expenditure for 2013-14
PROVINCE NAME	Budget allocation	Actual expenditure	Actual expenditure%
Eastern Cape	R 336 898 000.00	R 157 190 000.00	46.66%
Free State	R 49 124 000.00	R 55 135 444.00	112.24%
Gauteng	R 312 291 357.00	R 311 776 363.07	99.84%
KwaZulu-Natal	R 124 000 000.00	R 135 000 000.00	108.87%
Limpopo	R 142 710 000.00	R 103 882 759.25	72.79%
Mpumalanga	R 432 368 000.00	R 432 364 000.00	100.00%
Northern Cape	R 107 573 000.00		0.00%
North West	R 219 655 000.00	R 209 845 000.00	95.53%
Western Cape	R 237 452 500.00	R 247 112 303.00	104.07%

• Information has been requested from the Northern Cape Department of Education and will be provided as soon as it is received.

(cc)

Budget Allocation and expenditure for 2014-15
PROVINCE NAME	Budget allocation	Actual expenditure	Actual expenditure%
Eastern Cape	R 356 076 000.00	R 85 499 560.00	24.01%
Free State	R 27 651 000.00	R 63 506 660.00	229.67%
Gauteng	R 421 325 780.00	R 422 403 138.95	100.26%
KwaZulu-Natal	R 168 430 000.00	R 158 430 000.00	94.06%
Limpopo	R 152 995 000.00	R 112 575 014.32	73.58%
Mpumalanga	R 455 000 000.00	R 405 011 000.00	89.01%
Northern Cape	R 116 097 000.00	R 37 217 932.80	32.06%
North West	R 240 444 000.00	R 201 496 688.60	83.80%
Western Cape	R 262 560 000.00	R 268 405 969.00	102.23%

(dd)

Budget Allocation and expenditure for 2015-16
PROVINCE NAME	Budget allocation	Actual expenditure	Actual expenditure%
Eastern Cape	R 432 000 000.00	R 450 618 478.00	104.31%
Free State	R 40 000 000.00	R 51 188 023.00	127.97%
Gauteng	R 461 000 000.00	R 461 000 000.00	100.00%
KwaZulu-Natal	R 185 976 000.00	R 52 483 535.39	28.22%
Limpopo	R 141 103 000.00	R 50 555 000.00	35.83%
Mpumalanga	R 441 622 000.00	R 484 904 664.10	109.80%
Northern Cape	R 125 359 000.00	R 28 265 500.00	22.55%
North West	R 264 466 000.00	R 248 316 721.95	93.89%
Western Cape	R 270 138 000.00	R 307 514 666.00	113.84%

(ee)

Budget Allocation and expenditure for 2016-17
PROVINCE NAME	Budget allocation	Actual expenditure	Actual expenditure%
Eastern Cape	R 435 000 000.00	R 460 706 460.13	105.90%
Free State	R 40 000 000.00	R 46 000 000.00	126.00%
Gauteng	R 535 896 000.00	R 681 216 162.56	127.10%
KwaZulu-Natal	R 186 000 000.00	R 254 033 130.50	136.58%
Limpopo	R 226 691 000.00	R 218 555 692.86	96.40%
Mpumalanga	R 455 329 000.00	R 448 334 259.75	98.50%
Northern Cape	R 121 524 000.00	R 86 528 696.44	71.20%
North West	R 272 640 000.00	R 272 139 395.26	99.80%
Western Cape	R 359 755 000.00	R 329 298 018.00	91.50%

(b) Provinces were requested to put measures in place that will enable them to spend the budget allocation. These included improving the submission of claims by service providers and ensuring that a 30 day turnaround time for payments is met. These measures have led to significant improvement in expenditure in the majority of provinces.

Reply:

ALEXKOR SOC LIMITED

(a)	NIL
(b)	NIL
(c)	NIL
(d)	NIL
(e)	NIL
(f)	NIL

DENEL SOC LIMITED

(a)	NIL
(b)	NIL
(c)	NIL
(d)	NIL
(e)	NIL
(f)	NIL

SAFCOL SOC LIMITED

(a)	NIL
(b)	NIL
(c)	NIL
(d)	NIL
(e)	NIL
(f)	NIL

SA EXPRESS SOC LIMITED

(a)	NIL
(b)	NIL
(c)	NIL
(d)	NIL
(e)	NIL
(f)	NIL

TRANSNET SOC LIMITED

(a)	NIL
(b)	NIL
(c)	NIL
(d)	NIL
(e)	NIL
(f)	NIL ESKOM SOC LIMITED (a) NIL (b) NIL (c) NIL (d) NIL (e) NIL (f) NIL

Remarks: Reply: Approved / Not Approved

Mr. Mogokare Richard Seleke Ms. Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Reply:

The information requested by the Honourable Member is available in the audited financial statements found in the 2014-15 and 2015-16 annual reports. The information for 2016-17 is currently being audited as part of the annual reporting in accordance with section 65 (1) (a) of the Public Finance Management Act, 1999.

Reply:

(a) Travel:

(i) (aa) N/A (bb) R233 070 and (cc) 746 100 (unaudited)

(ii) (aa) R411 601 (bb) R1 152 9850 and (cc) R1 117 209(unaudited)

(iii) (aa) N/A (bb) R36 120 and (cc) R96 630 (unaudited)

(b) Accommodation:

(i) (aa) N/A (bb) R210 959.63 and (cc) 236 148.06 (unaudited)

(ii) (aa) R86 140 (bb) R260 567 and (cc) R274 288 (unaudited)

(iii) (aa) N/A (bb) R56 509.12 and (cc) R121 521.91 (unaudited)

(c) Subsistence costs:

(i) (aa) N/A (bb) N/A and (cc) 76 165 (unaudited)

(ii) (aa) R24 206.88 (bb) R124 675.04 and (cc) R118 816.65 (unaudited)

(iii) (aa) N/A (bb) N/A and (cc) R57 821.93 (unaudited)

 

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

(a) For the period 1 April 2017 to 31 May 2017, the Department of Communications (DoC) surrendered R562 080 976.58 to the National Revenue Funding in revenue arising from levies on the annual turnover of the license holders.

For the financial year ending 31 March 2017, the DoC paid R1 168 576 812.74 to the National Revenue Fund in collections received from the Independent Communications Authority of South Africa (ICASA), compared to R1 127 564 019.98 in 2015/16. According to ICASA, of the total amount collected and transferred to DoC in 2016/17, the figures included R795 million in funds arising from levies on the annual turnover of the licence holders cited in Chapter 3 of the Electronic Communication Act, Act 36 of 2005. Services provided for in terms of Chapter 3 of the Act include, Electronic Communication Services and Electronic Communication Network Services, (Universal Service Access Fund) and ALF (Annual License Fees).

(b) Information detailing the names of the licence holders cited under (a) have been withheld by ICASA owing to issues of confidentiality.

Reply:

1. Yes.

(a) The reviews emanated from directives from the Public Protector to review contracts above R10m for the Public Rail Agency of South Africa (PRASA) which immediately extended to other State Owned Entities including Transnet;

(b) The National Treasury is still waiting for the requested documentation from Transnet and the Department of Public Enterprises respectively, in order to conclude the review;

(c) Submission of requested documents from Transnet and the Department of Public Enterprises will determine the timelines for the review; and

(d) The completion of the review is dependent on receipt of the documentation from Transnet and Department of Public Enterprises.

2.The report will be submitted to Standing Committee of Public Accounts which will make it public.

Reply:

(1)(a)(b) Due to the secrecy provisions contained in Section 69 of the Tax Administration Act No. 28 of 2011, SARS is prohibited from disclosing any taxpayer information (Including whether or not a taxpayer is subject to an audit) to any person other than a SARS official.

The South African Revenue Service (SARS) makes no differentiation according to taxpayers’ political affiliation. SARS treats the tax affairs of all members of political parties in exactly the same manner as all other taxpayers in accordance with the compliance model. This model is premised on three components to encourage tax compliance: Education, Service and Enforcement.

(2)(a) The selection of taxpayers for audits is generated through an automated risk Engine and manual profiling which is designed based on principles such as:

• Random, empirical and statistical rule sets are deployed

• The comparison of declared information to third party information e.g. Banks, Employers, Insurance Companies, etc.;

• The verification of claims;

• Year on year comparisons on income, deductions and movements in the aforementioned to identify exceptions;

• The verification of incomplete and inconsistent submissions of tax returns.

• The compliance programme which informs profiling activity

(b) Any case triggered by the risk engine and above a stated threshold would be routed for an Audit. This might apply to one taxpayer for multiple years.

(3) (a)(b) SARS audits debit, credit and nil assessments. The risk is obviously higher with credit assessments and thus the percentage of credit assessments audited will be higher. This question must be viewed in light of the R30bn credit revised assessments SARS was able to prevent from flowing last year.

SARS cannot comment on taxpayer perception, however all audit alerts are based on a sound selection process which all taxpayers are subject to.

Reply:

1. South Africa National Parks (SANparks)

(a) Not applicable.

(b) (i) No

(ii) No request was received from the foundation.

(aa) Not applicable.

(bb) Not applicable.

(cc) Not applicable.

(dd) Not applicable.

(ee) Not applicable.

(ff) Not applicable.

2. iSimangaliso Wetland Park

(a) Not applicable.

(b) (i) No

(ii) No request was received from the foundation.

(aa) Not applicable.

(bb) Not applicable.

(cc) Not applicable.

(dd) Not applicable.

(ee) Not applicable.

(ff) Not applicable.

3. South African National Biodiversity Institute (SANBI)

(a) Not applicable.

(b) (i) No

(ii) No request was received from the foundation.

(aa) Not applicable.

(bb) Not applicable.

(cc) Not applicable.

(dd) Not applicable.

(ee) Not applicable.

(ff) Not applicable.

4. South African Weather Service (SAWS)

(a) Not applicable.

(b) (i) No.

(ii) No request was received from the foundation.

(aa) Not applicable.

(bb) Not applicable.

(cc) Not applicable.

(dd) Not applicable.

(ee) Not applicable.

(ff) Not applicable.

---ooOoo---

Reply:

No.

The investigation into the case docket, Lyttelton CAS 127/06/2016, has not been concluded. A witness statement from a person, who is currently in Burundi, and two witness statements from personnel at the offices of the Department of Home Affairs, must still be obtained.

Reply:

1. No. I have been informed that the Magistrates Commission has not received any formal complaint against Magistrate HJ Venter.

2. No steps were considered necessary, as the prosecutor was not deemed to have breached any guidelines or legal prescripts. Applications for cell phone data in terms of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended, are based on an affidavit from the investigating officer motivating why cell phone data is needed in respect of the number(s) and period(s) stated in the affidavit.

 

Reply:

The information has been requested from the nine (9) Provincial Education Departments and will be provided as soon as it is received.

Reply:

The OTO announced earlier this year that they will be launching an investigation with regards to the refund processes administered by SARS to better understand the challenges, risks and complexity associated with the process. The investigation is currently underway and SARS is committed to working with the OTO to give them the required insight into the process so that they will be able to satisfactorily give feedback to the public on their findings.

SARS would want the current investigation underway to first be concluded before additional responses to the topic at hand is made as this stage.

Reply:

The Department has forwarded the question to the nine Provincial Education Departments and is awaiting the response. The response will be forwarded as soon as the Department receives it.

Reply:

The Board and management undertook a two-day strategy planning session and identified the following 5 key strategic pillars to transform SAA into a financially sustainable aviation group:

• Liquidity;
• Balance Sheet Restructuring;
• Revenue enhancement;
• Cost optimization; and
• Strategy direction

Furthermore, Seabury was appointed to assist the airline with the review of the LTTS, particularly to determine its appropriateness for SAA. The results of this review will form the basis for a five (5) year fully funded Business Plan. Once the 5 year business plan has been finalised, management will be in a position to determine whether or not it will need financial assistance from the shareholder, the quantum and the timing thereof.