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05 June 2017 - NW733

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Van Der Walt, Ms D to ask the Minister of Public Service and Administration

(1)Whether there is any position of deputy-director general in any national department that is currently vacant; if so (a) how long has each position been vacant and (b) what is the reason for each vacancy; (2) Whether each vacant position was advertised; if so, (a) were interviews done and (b) when will each vacant position be filled; (3) (a) What is the total amount of persons that are currently employed in each position of deputy director-general, (b) for what period has there been persons acting in each position of the deputy director-general and (c) have any of the specified persons applied for the position of deputy director-general in which they are acting; (4) Which contracts of deputy director-general will expire in the (a) 2017-18, (b) 2018-19 and (c) 2019-20 financial years?

Reply:

1. According to information from PERSAL, as at 28 February 2017, there are 61 Deputy - Directors General (DDG) posts that are currently vacant across National Departments (Annexure 1).

(a) Information from PERSAL indicates that the median time these posts have been vacant for is 19 months.

(b) Details with regards to the reasons for each vacancy can be obtained from the respective departments.

2. Advertising, interviewing and filling of posts within departments remain the responsibility of each Executive Authority, therefore information in this regard can be obtained from the relevant departments.

3. (a) There are 168 DDGs currently employed across all National Departments (Annexure 2).

(b) Relevant details with regards to acting appointments can be obtained from relevant departments.

 (c) Relevant details with regards to any of the specified persons having applied for the position of deputy director-general in which they are acting can be obtained from the respective departments.

4. Which contracts of deputy director-general will expire in the following financial years (Annexure 3):

(a) 2017-18 = 11 contracts

(b) 2018-19 = 5 contracts

(c) 2019-20 = 3 contracts

NB: The majority of positions at Deputy Director –General level in the Public Service are filled on a permanent basis.

END

05 June 2017 - NW1313

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Kopane, Ms SP to ask the Minister of Public Works

(1) Whether his department leases any properties to non-governmental tenants; if not, what is the position in this regard; if so, (a) how many properties, (b) to whom are the properties leased and (c) in which (i) municipalities and (ii) provinces are the properties situated in each case; (2) whether lease agreements were signed for the leasing of the specified properties; if not, why not; if so, (a) what amount does each non-governmental tenant pay in each month and (b) what are the further relevant details

Reply:

1. Yes, there are properties that are let out to non-governmental tenants.

  (a) As at 31March 2017, there were 1175 surplus properties let to non-governmental tenants;

  (b) These properties are leased to non-governmental tenants such as churches, private individuals, companies, not for profit organisations, etc.

  (c) These properties are spread across the country in all provinces and various municipalities (refer to attached annexure A).

2. Lease agreements were signed with these tenants. However, there are instances where the lease agreements have since expired and are in the process of being renewed.

The department embarked on Operation Bring Back (OBB) specifically to ensure all properties of state are accounted for and utilised appropriately. The department has a team which is visiting all properties to ensure they are secured, and any illegal occupants engaged and that all leases are regularised. For vacant properties, and expired leases, the department advertised these properties to ensure that we achieve legal occupation speedily, not all the expired leases have been renewed, as this is an ongoing process.

The rental amounts vary for each property as per the attached annexure.

(a) Further details with respect to the leased properties are as per the attached annexure.

05 June 2017 - NW1194

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Communications

(1)Whether the Media Development and Diversity Agency (MDDA) experienced any staff shortages in the past five financial years; if so, (2) whether any of the MDDA’s staff members had to put in extra hours to cover hours lost due to staff shortages to ensure that the entity’s mandate was fulfilled; if not, what is the position in this regard; if so, (3) whether any of the specified staff members had to sacrifice any leave days to accommodate the additional hours worked due to staff shortages; if not, what is the position in this regard; if so, (a) what is the total number of staff members and (b) what are their professional designations; (4) did the MDDA reallocate the lost leave days; if not, (a) why not and (b) how were the affected employees reimbursed for lost leave days; if so, what are the relevant details; (5) will the MDDA provide Ms V van Dyk with its latest organogram?

Reply:

1) Yes.

2)  No, the MDDA staff members were not required to put in extra hours to cover hours lost due to staff shortages to ensure that the entity’s mandate was fulfilled. However, it is understood that due to the vacancy rate, some staff members were required to take on extra duties during normal working hours.

3) Staff members were given a choice to take leave or to take cash in lieu of leave to assist in compensating for the extra workload due to the vacancies.

  (a) A total of 17 staff members opted to not take leave and to receive cash in lieu of leave.

  (b) The professional designations were Programme Managers, Project Officers and Administration staff.

4) No, the MDDA did not re-allocate the lost leave days.

(a) The lost leave days were not reallocated as the staff had been given the option for cash in lieu for the lost leave days.

(b) The affected staff were given cash in lieu for the lost leave days. All affected staff received the cash in lieu for the lost leave days in April 2017.

5) The latest organogram is attached herewith as Annexure A

 

05 June 2017 - NW1384

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Van der Westhuizen, Mr AP to ask the Minister of Higher Education and Training

With regard to the teacher support provided by the Education, Training and Development Practices Sector Education Authority (ETDP SETA) to each teacher union, (a) what amounts have been transferred over the past three financial years, (b) what is the total amount that has been budgeted for the 2017-18 financial year as grants, (c) what are the conditions linked to these transfers and (d) how is the ETDP SETA ensuring that the transfers are utilised by the teacher unions in accordance with the set conditions?

Reply:

(a) Mandatory Grant

The amounts indicated in the Table below were paid as the mandatory grant from the 20% of the 1% of the Skills Levies contributed by the South African Democratic Teachers’ Union (SADTU) and the National Professional Teachers’ Organisation of South Africa (NAPTOSA).

Mandatory grant payments require that organisations, which contribute towards the skills levies without any exemption from the Minister of Finance and those organisations which submit both the Workplace Skills Plans (WSPs) and the Annual Training Report (ATR) that are compliant as per the Grant Regulations, receive 20% of the 1% of the skills levies contributed in each of the financial years indicated.

The Mandatory Grant is utilised by the employer to reskill its employees based on the WSP submitted and reported in the ATR.

The Professional Educators Union (PEU), Suid-Afrikaanse Onderwysersunie (SAOU) and National Teachers Union (NATU) are not levy paying and therefore are not entitled to the Mandatory Grant.

Teacher Union

2014/15

2015/16

2016/17

  1. SADTU

R 75 920.15

R 47 330.36

R 86 031.34

  1. NAPTOSA

R 7 912.56

R 10 122.37

R 9 544.13

Discretionary Grant

The Discretionary Grant is not transferred to any individual or organisation. The Education, Training and Development Practices Sector Education Authority (ETDP SETA) appoints service providers that will train workers/employees of organisations. Discretionary projects and their associated costs are part of the ETDP SETA Annual Performance Plan (APP) and are accounted for as per the National Treasury Regulations and the Public Finance Management Act.

ETDP SETA supports teachers via the teacher union institutes on content and pedagogical knowledge relevant to the needs of teachers as well as via the Departments of Education without transferring funds to the organisations.

(b) R4 500 000 Discretionary Grant as per the 2017/18 ETDP SETA APP for Teacher Development Teaching and Learning Programmes.

(c) The content of the training programme is outlined in the Service Level Agreement (SLA) which is linked to the ETDP SETA APP. Payments are made to the training providers as per the terms and conditions of the SLAs entered into and paid directly to the service provider.

(d) The implementation of the SLA is managed by ETDP SETA and aligned to its APP.

COMPILER/CONTACT PERSONS:

EXTENSION:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1384 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

05 June 2017 - NW1290

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in the Western Cape who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

a) It was reported to the Department that no examiners of vehicles in the Western Cape were convicted of issuing fraudulent certificates of road worthiness in the 2016 / 17 financial year.

b) See above (a)

c) See above (b)

05 June 2017 - NW1018

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Van Damme, Ms PT to ask the Minister of Communications

Since the reply to question 1949 on 16 September 2016, (a) what amount does the SA Broadcasting Corporation owe in royalty payments to the (i) SA Music Rights Organisation, (ii) SA Music Performance Rights Association, (iii) Association of Independent Record Companies, (iv) Independent Music Performance Rights Association, (v) Recording Industry of South Africa, (vi) Composers, Authors and Publishers Association and/or (vii) any other relevant association, (b) for how long has each amount been outstanding and (c) by what date will each outstanding amount be paid?

Reply:

No

Organisation

(a) Amount Outstanding

(b) Period

(c) Reason and payment dates

(i)

SAMRO (SA Music Rights Organisation)

R14,546,580-00

April 2017

This is based on March 2017 revenue. Payment of SAMRO is scheduled for the 3rd Quarter of the 2017/18 F/Y.

(ii)

SAMPRA (SA Music Performance Rights Association) and IMPRA (Independent Music Performance Rights Association)

R52,751,160-73

March 2014

Both societies have not agreed on the percentage split of the amount based on the play history reports SABC has generated. Then a decision was made that both societies must submit their repertoires lists to SABC for final verification which SABC agreed on the due date of the end of May 2017. Both societies have submitted the repetoires list for the verification process which is still ongoing. Once all is completed and agreed upon by all parties the payment will be made to the societies.

(iii)

AIRCO (Association of Independent Record Companies)

R2,800,000-00

October 2016 -  April 2017

TV division is awaiting invoices from AIRCO for October 2016 – March 2017. Payments are scheduled from May 2017 onwards.

(iv)

RISA (Recording Industry of South Africa)

R2,400,000-00

January 2017 – April 2017

A payment of R19.8m was made at the end of December 2016. Payment is scheduled for the 3rd Quarter of the 2017/18 F/Y.

(v)

CAPASSO (Composers, Authors and Publishers Association)

R3,000,000-00

February 2017 – April 2017

February and March payments have been submitted for payment and are dependent on funds availability. Payment is scheduled for the 3rd Quarter of the 2017/18 F/Y.

05 June 2017 - NW1200

Profile picture: King, Ms C

King, Ms C to ask the Minister of Communications

(1)Whether the Media Development and Diversity Agency (MDDA) has outsourced its stakeholder engagement function; if so, (a) what is/are the name(s) of the companies to which this function was outsourced, (b) when was this function outsourced, (c) at what cost and (d) who signed off on these contracts; (2) whether the specified company(ies) has/have done any previous work for the MDDA; if so, (a) what are the relevant details, (b) what were the contract amounts and (c) who signed off on the contracts in each case; (3) whether any staff members of the specified company(ies) use (a) facilities and/or (b) office space of the MDDA; if not, what is the position in this regard; if so, what are the relevant details in each case?

Reply:

(1) No, the MDDA has not outsourced its stakeholder engagement function. However, when specialist skills or in-house capacity limitations require the services of an external service provider, specific activities may be outsourced with a defined scope of activities and time period. The only activity that falls within the stakeholder engagement function that has been outsourced is a pilot outreach/media literacy campaign that will be held in two provinces which has been awarded to Hummingbird Media.

   (a) The contract to Hummingbird Media was awarded in April 2017.

   (b) The cost of the pilot campaign is R485 000.00

   (c) The Chairperson of the Board signed the approval memorandum requesting the services of Hummingbird for the pilot campaign as, in the absence of a CEO, the Board was overseeing activities in the Agency in a caretaker role until the Ministry of Communications seconded an Acting CEO to the MDDA.

(2) Yes, Hummingbird Media has been previously awarded one contract from the MDDA.

(a) The previous contract awarded to Hummingbird Media covered facilitation of the MDDA strategic planning in September 2016 and input into the Strategic Plan and Annual Performance Plan for 2017/2018 – 2019/2020.

(b) The contract amount was R325 400.00.

(c) The contract was approved by the Acting CEO, Ms Thembelihle Sibeko.

(3) Yes, Hummingbird Media has used limited MDDA office facilities for the current pilot outreach/media literacy campaign.

(a) While a member of Hummingbird Media worked for a total of four days from the MDDA offices contacting stakeholders for the outreach planning process, she did not use MDDA facilities as phone calls to stakeholders were made using her cellphone.

(b) The same member of Hummingbird Media worked for a total of four days from the MDDA offices contacting stakeholders for the outreach planning process as the close liaison with the MDDA ensured that all stakeholders were covered.

05 June 2017 - NW1201

Profile picture: King, Ms C

King, Ms C to ask the Minister of Communications

(1)Whether the Chairperson of the Board of the Media Development and Diversity Agency (MDDA) has acted (a) on behalf of the Chief Executive Officer (CEO) of the MDDA and/or (b) as the CEO of the MDDA in each of the past five financial years; if not, what is the position in this regard; if so, (i) why in each case and (ii) on which statutory grounds was each such instance based; (2) for how long has the CEO position of the MDDA been vacant; (3) whether the specified person is compensated for the roles of (a) Chairperson of the MDDA Board and (b) CEO; if not, what is the position in this regard; if so, (i) on what statutory grounds, (ii) what are the terms and (iii) how much in each case; (4) whether, with reference to the reply to question 435 on 30 March 2017, she has found that the position of CEO of the MDDA will be filled by the end of the first quarter of the 2017-18 financial year as anticipated; if not, what is the position in this regard; if so, what progress has been made in this regard?

Reply:

1. (a) and (b) The Chairperson of the Board of the Media Development and Development Agency (MDDA) has neither (a) acted on behalf of the CEO; nor (b) acted as the CEO of the MDDA in each of the past five financial years.

In the absence of the CEO between 1 March 2017 and 9 May 2017, the Board took a resolution, in the Board meeting of 01 March 2017, that the Chairperson of the Board is to assume the caretaker role over the existing management structure.

After the resignation of the CEO on the 28 February 2017, the Board requested the Minister of Communications via letter dated 2 March 2017 and at the bi-lateral meeting on 5 March 2017 for a secondment from the Department of Communications for an Acting CEO. After a further request to the newly appointed Minister of Communications, Mr Donald Liphoko was seconded to the MDDA as Acting CEO effective from 8 May 2017.

2. The position of CEO has been vacant since 28 February 2017.

3. (a) and (b) This is not applicable as, as stated above, the Chairperson of the Board was not acting as CEO of the MDDA. She therefore has only received compensation as Chairperson and not as CEO.

4. No, the position of the CEO will not be filled by end of Q1 of 2017/2018 as the MDDA currently does not have a quorating Board. The recruitment process has commenced which will be approved by a quorating Board.

05 June 2017 - NW1411

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Brauteseth, Mr TJ to ask the Minister of Transport

What (a) total amount has been spent by his department on legal fees (i) in the (aa) 2014-15, (bb) 2015-16 and (cc) 2016-17 financial years and (ii) since 1 April 2017 and (b) are the (i) details, (ii) outcomes and (iii) costs of each case?

Reply:

(a) Total amount spent on legal fees

(i)

(aa) 2014-2015 (R8,983.177.00)

(bb) 2015-2016 (R9,383.623.00)

(cc) 2016-2017 (R19,911,320.00)

(ii) Since 1 April 2017 (928,574.00)

(b)

(i) details

2014 2015

Tasima

City of Cape Town / Minister of Transport and SANRAL

DOT / Thwala

Prodiba

2015-2016

Tasima

Prodiba

Marine enquiry Kingfisher

City of Cape Town / Minister of Transport and SANRAL

DOT / Vilana

DOT / Thwala

MEC For Transport KZN / Transport Appeal Tribunal

JV Ndorum (Mthatha Airport)

2016-2017

Tasima

Prodiba

Marine enquiry Kingfisher

Marine enquiry Witbank

MEC for Transport KZN / Transport Appeal Tribunal

City of Cape Town / Minister of Transport and SANRAL

DOT / Thwala

DOT/ Vilana

JV Ndorum (Mthatha Airport)

African Harvest / Minister of Transport and ACSA

1 April 2017

Tasima

JV Ndorum ( Mthatha Airport)

(ii) outcomes

Tasima - success

Prodiba – success

Marine enquiry kingfisher – completed

Marine enquiry Witbank – completed

DOT / Vilana - settled)

DOT / Thwala – success

MEC for Transport KZN / Transport Appeal Tribunal - success

City of Cape Town – not succesful

JV Ndorum (Mthatha Airport) – not finalized

African Harvest (not finalized)

(ii) costs of each case

Tasima (R13, 322, 170. 54)

Prodiba (R1, 792, 495.19)

Marine enquiry Kingfisher (R2, 582, 935.33)

Marine enquiry Witbank (R1, 722, 232.54)

DOT / Vilana (R1, 552, 420.00)

DOT / Thwala (R2, 550, 370.93)

MEC for Transport KZN / Transport Appeal Tribunal (R1, 306, 460.93)

City of Cape Town / Minister of Transport and SANRAL (R1, 087, 503.00)

JV Ndorum (Mthatha Airport) (R247, 095.00)

African Harvest (R809 172.00)

05 June 2017 - NW1291

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in KwaZulu-Natal who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

  1. It was reported to the Department that no examiners of vehicles in KwaZulu-Natal who have been convicted of issuing fraudulent certificates of road worthiness during the 2016 / 17 financial year are still practicing.
  1. See above (a)
  1. See above (b)

05 June 2017 - NW1232

Profile picture: Redelinghuys, Mr MH

Redelinghuys, Mr MH to ask the Minister of Rural Development and Land Reform

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?

Reply:

(a),(b)(i),(ii) No.

(aa),(bb),(cc),(dd),(ee),(ff) Falls away.

05 June 2017 - NW1280

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Hunsinger, Dr CH to ask the Minister of Transport

(a) When was the Northern Cape inspector of test stations appointed, (b) who was appointed, (c) what criteria were used in the appointment, (d) what reports have been submitted since the appointment, (e) what main issues have been identified, (f) what is being done to fix problem issues, (g) what solutions for problem issues have been identified and (h) what are the deadlines respectively?

Reply:

(a) In terms of the National Road Traffic Act (Act 93 of 1996), there is no provincial inspectorate of testing stations.

(b) No one has been appointed, however the Road Traffic Management Corporation (RTMC is in the process of appointing a service provider /s to conduct assessment and inspections of driver licensing testing centres and vehicle testing stations.

(c) An open tender, Reference No RTMC BID 05/2007/18 was issued on Friday 19 May 2017 and the closing date is 12 June 2017 at 11:00.

(d), and (e), for reasons stated in (a),(b) and (c) above, the Department only receives copies of the reports on inspections done by the SABS and is not privy to any provincial reports, findings and actions taken by the MEC of the province.

(f), (g), and (h) The Department has started with the process of developing the Anti-fraud and Corruption Strategy that is intended to root out fraud and corruption at the vehicle and driving testing stations; and in terms of the current Departmental Strategic Plan, it is anticipated that the strategy will be approved in March 2019.

05 June 2017 - NW1283

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Wilson, Ms ER to ask the Minister of Transport

(a) When was the KwaZulu-Natal inspector of test stations appointed, (b) who was appointed, (c) what criteria were used in the appointment, (d) what reports have been submitted since the appointment, (e) what main issues have been identified, (f) what is being done to fix problem issues, (g) what solutions for problem issues have been identified and (h) what are the deadlines respectively?

Reply:

(a) In terms of the National Road Traffic Act (Act 93 of 1996), there is no provincial inspectorate of testing stations.

(b) No one has been appointed, however the Road Traffic Management Corporation (RTMC is in the process of appointing a service provider /s to conduct assessment and inspections of driver licensing testing centres and vehicle testing stations.

(c) An open tender, Reference No RTMC BID 05/2007/18 was issued on Friday 19 May 2017 and the closing date is 12 June 2017 at 11:00.

(d), and (e), for reasons stated in (a),(b) and (c) above, the Department only receives copies of the reports on inspections done by the SABS and is not privy to any provincial reports, findings and actions taken by the MEC of the province.

(f), (g), and (h) The Department has started with the process of developing the Anti-fraud and Corruption Strategy that is intended to root out fraud and corruption at the vehicle and driving testing stations; and in terms of the current Departmental Strategic Plan, it is anticipated that the strategy will be approved in March 2019.

05 June 2017 - NW1195

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Communications

(1)Whether the Films and Publication Board (FPB) is currently conducting any internal disciplinary processes and/or investigations; if so, (a) what are the (i) names and (ii) professional designations of each person being investigated, (b) for what reason in each case, (c) what is the current status of each investigation and (d) what disciplinary action is being considered in each case; (2) whether any of the specified persons have been placed on suspension pending the outcome of the disciplinary investigations; if not, why not; if so, (a) what are the names of the persons who were placed on suspension and (b) are they receiving full salaries; (3) whether the (a) Chief Executive Officer and (b) Chief Operating Officer of the FPB are being investigated on disciplinary charges; if not, in each case, why not; if so, what are the relevant details in each case; (4) what are the details of all disciplinary steps that were taken against any person whose processes have been concluded to date?

Reply:

(1) Yes

The issues of internal disciplinary processes and/or investigations is sub judice, therefore the FPB is not in a better position to release details in relation to (a)(b) at this stage.

(c) The investigations are at an advance stage

(d) The employee has consented to pre-dismissal arbitration and application has been lodged with the CCMA.

(2) Yes, with effect from 17 March 2017 pending the outcome of the disciplinary process.

(a) The details of the employee in relation to suspension cannot be disclosed as the matter is sub judice.

(b) Yes, they were receiving salaries.

(3) (a) Yes

(b) No, as the imployee has since resigned from the FPB following an agreement of mutual separation.

(4) The FPB has reached a mutual separation agreement.

05 June 2017 - NW1213

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Lorimer, Mr JR to ask the Minister of Communications

Whether (a) her department and (b) each entity reporting to her 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?

Reply:

(a) GCIS had not procured any services or made any payment to the Decolonisation Foundation during the 2016/17 Financial Year.

05 June 2017 - NW1420

Profile picture: Steenkamp, Ms J

Steenkamp, Ms J to ask the Minister of Transport

(a) What is the total number of cases of (i) fruitless, (ii) wasteful and (iii) irregular expenditure that were identified by the Auditor-General in his department in the (aa) 2014-15, (bb) 2015-16 and (cc) 2016-17 financial years and (b)(i) what was the total amount involved in each case and (ii) how much has been recovered in each case?

Reply:

(a) Number of cases identified by the Auditor-General:

(i) Fruitless

(ii) Wasteful

(iii) Irregular

(aa) 2014-15

1

-

1

(bb) 2015-16

-

1

1

(cc) 2016-17

-

-

-

       

(b)(i) Total amount in each case:

(i) Fruitless

(ii) Wasteful

(iii) Irregular

(aa) 2014-15

R 67,000.00

-

R 750,865.50

(bb) 2015-16

-

R 50,050.00

R 520,000.00

(cc) 2016-17

-

-

-

       

(b)(ii) How much was recovered in each case:

(i) Fruitless

(ii) Wasteful

(iii) Irregular

(aa) 2014-15

R 67,000.00

-

-

(bb) 2015-16

-

-

-

(cc) 2016-17

-

-

-

05 June 2017 - NW1285

Profile picture: Walters, Mr TC

Walters, Mr TC to ask the Minister of Transport

(a) What the total number of examiners of vehicles in Mpumalanga who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

a) The province of Mpumalanga has reported that there were no examiners that were convicted of issuing fraudulent certificates of road worthiness in the 2016 / 17 financial year.

b) See above (a)

c) See above (b)

05 June 2017 - NW1266

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Steyn, Ms A to ask the Minister of Rural Development and Land Reform

Whether the Office of the Valuer-General was involved in any of the transactions involving the (a) acquisition and (b) transfer of land undertaken by his department since the Valuer-General’s appointment; if not, why not; if so, (i) what are the relevant details of the transactions and (ii) in each case, (aa) what were the values of the transactions and (bb) to what extent were these values (aaa) less or (bbb) more than the estimated market value of the property?

Reply:

Response:

a) Yes

b) Yes

Response to (i), (ii), (aa), (aaa) (bbb) on table below.

PROGRAMME

ESTIMATED MARKET VALUE

OVG DETERMINED VALUE

DIFFERNCE

LAND REDISTRIBUTION AND DEVELOPMENT

R 116,866,011.00

R 98,264,000.00

R 18,602,011.00

STRENGTHENING OF RELATIVE RIGHTS

R 218,457,051.64

R 176,651,900.00

R 41,805,151.64

RESTITUTION

R 250,376,449.00

R 226,205,265.96

R 24,171,183.04

 Total

R 585,699,511.64

R 501,121,165.96

R 84,578,345.68

05 June 2017 - NW1073

Profile picture: Mokgalapa, Mr S

Mokgalapa, Mr S to ask the Minister of Health

With reference to his reply to question 406 on 27 March 2017, are there any patients being accommodated in correctional services facilities due to inadequate mental health facilities in any other province; if so, (a) what is the total number of patients who are currently being accommodated, (b) in which prisons and (c) for how long?

Reply:

Yes.

Detailed answers to questions (a), (b) and (c) are as follows:

Province

(a) Number of patients accommodated

(b) Prison facilities

(c) For how long

Eastern Cape

14

St. Albans

8-22 months

 

14

Grahamstown

6-19 months

 

43

East London

1-22 months

 

1

Wellington

1month

 

13

King Williams Town

1-11 months

 

11

Fort Beaufort

10-18 months

 

3

Cradock

14-21 months

Sub-total

99

Mpumalanga

2

Witbank

84 months

 

6

Nelspruit

12-36 months

 

1

Middelburg

12 months

 

6

Ermelo

1-48 months

Sub-total

15

Total

114

The waiting list of patients in prison facilities in Mpumalanga province is due to the lack of a specialised psychiatric hospital to render this service. Plans are underway to build a hospital, and currently patients are referred to Weskoppies Hospital in Gauteng Province, when a bed becomes available.

END.

05 June 2017 - NW1063

Profile picture: Jooste, Ms K

Jooste, Ms K to ask the Minister of Health

With reference to her reply to question 406 on 27 March 2017, for how long has each of the 26 patients been accommodated in correctional services facilities due to inadequate mental health facilities in the Northern Cape?

Reply:

With regard to my reply to Question 406 on 27 March 2017, I wish to inform Honourable Member that since the beginning of May 2017, the 21 of the 26 patients mentioned in March have been moved to West End Psychiatric Hospital after completion of refurbishment of facilities there.

When they were still in correctional service facilities, on a waiting basis, they used to wait for an average of 4 years.

END.

05 June 2017 - NW1394

Profile picture: Maynier, Mr D

Maynier, Mr D to ask the Minister of Finance

(1)What is the purpose of the National Treasury’s review of coal contracts entered into between a certain company (name furnished) and Eskom; Response: The National Treasury reviewed coal contracts to establish if Eskom complied with the SCM norms and standards when appointing the service provider. (2) whether any consultants have been employed to conduct the review; if not, what is the position in this regard; if so, in each case, what is the (a) name of the consultant, (b) nature of work conducted by the consultant and (c) (i) total cost and (ii) detailed breakdown of such costs;

Reply:

(1) The National Treasury reviewed coal contracts to established if Eskom complied with the SCM norms and standards when appointing the service provider.

(2) Yes.

(a) (1) Falcon Research and Consulting Services (Pty) Ltd and

(2) Israel Monnapula Dikgwatlhe.

(b) Both were appointed to assist the National Treasury to review and analyse the quality of coal delivered to Eskom by Tegeta Exploration and Resources.

(c) The total cost for Falcon Research and Consulting Services (Pty) Ltd

R 184 500.00,

The following is the breakdown of the cost for Falcon

Analysis of test coal results ...………………………………………………. R 13 500-00

Analysis of the Environmental Analysis report …………………………… R 4 500-00

Analysis of the technical aspects of the coal supply agreement ………. R 9 000-00

Analysis of the technical aspects in the draft report ……………………… R 18 000-00

Analysis of technical aspects in the minutes of the meetings …………… R 9 000-00

Extended reviews of documents………………………………………………. R103 500-00

Compilation of a technical report …………………………………………… R 27 000-00

TOTAL………………………………………………………………………….. R184 500.00

The following is the breakdown for Israel Monnapula Dikgwatlhe

Analysis of test coal results ...………………………………………………. R 24 800-00

Analysis of the Environmental Analysis report …………………………… R 18 600-00

Analysis of the technical aspects of the coal supply agreement ………. R 18600.00

Analysis of the technical aspects in the draft report ……………………… R 18 600-00

Analysis of technical aspects in the minutes of the meetings …………… R 9 920-00

Request additional data analysis………………………………. R12 400-00

Compilation of a technical report …………………………………………… R 49 600-00

Comparison of the quality of coal expected……………………………….. R5 425.00

Clear comparison of what was delivered………………………………….. R4 650.00

Clear comparison of results for Sibonisiwe and SABS in compliance of

Brakfontein mine with requirements for mining coal R4 030.00

NT findings with the response from Eskom………………………………. R5 425.00

TOTAL………………………………………………………………………… R178 250.00

(3) whether any draft and/or final report(s) on the review has/have been produced; if not, (a) why not and (b) by what date is a report expected; if so, (i) what is the title of each report and (ii) on what date was the report completed;

Response: A final draft report was sent to Eskom on 05 April 2017.

(4) whether the final report on the review will be made public; if not, why not; if so, by what date is it expected?

Response: Yes, as soon as the report is finalised.

05 June 2017 - NW1197

Profile picture: Kalyan, Ms SV

Kalyan, Ms SV to ask the Minister of Communications

(1)Whether any person may serve on the board of more than one of the entities that report to her simultaneously; if so, (a) on what statutory grounds and (b) what are the (i) names, (ii) names of boards, (iii) terms served on each board and (iv) salaries of each specified person; (2) whether each of the specified persons declared serving in positions on each of the specified boards; if not, in each case, why not; if so, what are the relevant details in each case?

Reply:

(1) Yes

(a) The law does not prohibit any person from serving on more than one Board of the entities reporting to the Minister of Communications.

(b) (i) Ms Khanyisile Kweyama

    (ii) Brand South Africa Board and the interim SABC Board.

    (iii) Serving a three-year term at Brand South Africa and six months at the SABC interim Board.      

    (iv) payment for services rendered were in line with the required prescript

(2) Yes.

05 June 2017 - NW1176

Profile picture: Van Damme, Ms PT

Van Damme, Ms PT to ask the Minister of Communications

With reference to the release of a statement by the Government Communication and Information System (GCIS) on behalf of the Black Empowerment Foundation on 20 March 2017, (a) (i) who requested that the statement be released on behalf of the Black Empowerment Foundation and (ii) what are the particulars of this request, (b) by whom was the distribution of the media advisory authorised, (c) under what mandate was this authorisation given and (d) in which other cases has the GCIS distributed communications on behalf of (i) private, (ii) civil rights or (iii) any other non-government organisations?

Reply:

GCIS’s mandate is to ensure it disseminates information to the general public. Our priority is to send out information that can be consumed by the public and members of the media are also the GCIS client base. The information that we disseminate is to empower society with knowledge and the media advisory is to offer the members of the media with a facility that provides the with information that they may wish to cover.

We assist a number of ordinary citizens through our Information Centres also the members of the media though our media database in all our Provincial Offices and National office.

(a) (i) Media Engagement Directorate and our Provincial offices, receives requests to disseminate information’s either through our media database or through our Information Centers.

(a) (ii) It may be media statements ; media advisories; general publications or face to face advisory services.

(b) Media Engagement Directorate.

(c) Mandate of the GCIS is to provide the public with information .

(d) (i)(ii)(iii) GCIS assists the public with services that are within their available resources and does not keep list of the people been assisted.

05 June 2017 - NW1282

Profile picture: Wilson, Ms ER

Wilson, Ms ER to ask the Minister of Transport

(a) When was the Eastern Cape inspector of test stations appointed, (b) who was appointed, (c) what criteria were used in the appointment, (d) what reports have been submitted since the appointment, (e) what main issues have been identified, (f) what is being done to fix problem issues, (g) what solutions for problem issues have been identified and (h) what are the deadlines respectively?

Reply:

(a) In terms of the National Road Traffic Act (Act 93 of 1996), there is no provincial inspectorate of testing stations.

(b) No one has been appointed, however the Road Traffic Management Corporation (RTMC is in the process of appointing a service provider /s to conduct assessment and inspections of driver licensing testing centres and vehicle testing stations.

(c) An open tender, Reference No RTMC BID 05/2007/18 was issued on Friday 19 May 2017 and the closing date is 12 June 2017 at 11:00.

(d), and (e), for reasons stated in (a),(b) and (c) above, the Department only receives copies of the reports on inspections done by the SABS and is not privy to any provincial reports, findings and actions taken by the MEC of the province.

(f), (g), and (h) The Department has started with the process of developing the Anti-fraud and Corruption Strategy that is intended to root out fraud and corruption at the vehicle and driving testing stations; and in terms of the current Departmental Strategic Plan, it is anticipated that the strategy will be approved in March 2019.

05 June 2017 - NW1289

Profile picture: Vos, Mr J

Vos, Mr J to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in the Northern Cape who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

a) It was reported to the Department that no examiners of vehicles in the Northern Cape have been convicted of issuing fraudulent certificates of road worthiness during the 2016 / 17 financial year.

b) See above (a)

c) See above (b)

05 June 2017 - NW1072

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Basic Education

(1)(a) What were the reasons for the (i) suspension and (ii) subsequent reinstatement of The Hill High School principal in Johannesburg and (b) what were the allegations levelled against him; (2) whether an investigation was undertaken; if so, (a) by whom, (b) what processes were followed and (c) what were the timelines; (3) (a) who were all the parties involved, (b) what were the costs to each party and (c) what was the total cost to her department with regard to this matter?

Reply:

1. (a) (i) and (ii)

The suspension of Hill High School principal was as a result of the alleged financial mismanagement of the school funds. The principal was found guilty and sanctioned to suspension without pay and subsequently returned to work after completing the suspension.

(b) The allegation levelled against him was financial mismanagement of the school funds.

2. (a) Yes, an investigation was undertaken by the Gauteng Department of Education. (b) and (c) An internal investigation was conducted and concluded within 60 days.

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

(b) and (c) The matter was investigated internally and therefore no costs were incurred by the Department.

05 June 2017 - NW950

Profile picture: Alberts, Mr ADW

Alberts, Mr ADW to ask the Minister of Finance

(1)Whether Prof. Chris Malikane has been one of his advisors on the Government's fiscal and economic policy; if not, what role does he play in the National Treasury; if so, what topics did he advise him on; (2) what is his position with regard to Prof. Malikane's discussion document of eight pages that recommends amongst others that banks, insurance companies, mines and other so-called monopoly industries should be expropriated; (3) how was this accordance with his public undertaking to do everything possible in order to ensure that the country is upgraded from junk status; (4) what was the purpose of appointing an advisor whose advice will ensure that the country retains its junk status?

Reply:

(1-2) The role of Prof. Chris Malikane is to advise Minister of Finance. The eight pages discussion documents, is not government position but was for his academic purposes.

(3) The government is doing all it can to improve the economic prospects of the country by ensuring that a conducive environment is created for public and private sector to invest in the economy and eventually create jobs.

(4) As government, we are clear and consistent in terms of Economic Policy and how to address current challenges. A lot of work is being done at the level of both local and abroad to avoid any further downgrade. We are working towards improving our current grading.

05 June 2017 - NW1311

None to ask the None

MINISTRY PUBLIC WORKS REPUBLIC OF SOUTH AFRICA Department of Public Works l Central Government Offices l 256 Madiba Street l Pretoria l Contact: +27 (0)12 406 2034 l +27 (0)12 406 1224 Private Bag X9155 l CAPE TOWN, 8001 l RSA 4th Floor Parliament Building l 120 Plain Street l CAPE TOWN l Tel: +27 21 468 6900 Fax: +27 21 462 4592 www.publicworks.gov.za NATIONAL ASSEMBLY (ORAL) We requested information from Mr Edward Nkuna in Head Office, we are awaiting his feedback. See below: Item No Project Name WCS numbers Status 2015/16 2016/17 2017/18 1 Bryntirion No. 19 053319 Completed R 158 301.19 R 2 107 035.90 R 0.00 2 331 Olivier, Brooklyn 053347 Completed   R 1 835 818.72   3 375 Lawley 053574 Completed   R 1 319 303.55   4 321 Rigel 054033 & 048576 Completed R 2 398 350.77 R 89 124.35 R 0.00 5 313 Edward, Waterkloof 054031 Completed R 0.00 R 2 597 583.51 R 0.00 6 273 Eridunus, Waterkloof 053575 Completed R 0.00 R 2 828 604.88 R 0.00 7 286 Albertus, Waterkloof 053584 Completed R 0.00 R 2 784 102.34 R 0.00 8 13, 1st Avenue Houghton* 050773 & 054581 Completed R 3 133 499.05 R 333 263.99 R 0.00 9 21A Killarney Road, Sandhurst 052038 Completed R 197 826.19 R 2 501 531.73 R 0.00 10 79 Bogey 052425 Completed R 920 961.98 R 1 200 680.99 R 0.00 11 205 Sterlitzia Street 054730 Completed R 0.00 R 2 658 529.98 R 0.00 TOTAL R 6 808 939.18 R 20 255 579.94

Reply:

Pub works-4 copy

MINISTRY

PUBLIC WORKS

REPUBLIC OF SOUTH AFRICA

Department of Public Works l Central Government Offices l 256 Madiba Street l Pretoria l Contact: +27 (0)12 406 2034 l +27 (0)12 406 1224

Private Bag X9155 l CAPE TOWN, 8001 l RSA 4th Floor Parliament Building l 120 Plain Street l CAPE TOWN l Tel: +27 21 468 6900 Fax: +27 21 462 4592

www.publicworks.gov.za

NATIONAL ASSEMBLY

(ORAL)

  1. We requested information from Mr Edward Nkuna in Head Office, we are awaiting his feedback.
  2. See below:

Item No

Project Name

WCS numbers

Status

2015/16

2016/17

2017/18

1

Bryntirion No. 19

053319

Completed

R 158 301.19

R 2 107 035.90

R 0.00

2

331 Olivier, Brooklyn

053347

Completed

 

R 1 835 818.72

 

3

375 Lawley

053574

Completed

 

R 1 319 303.55

 

4

321 Rigel

054033 & 048576

Completed

R 2 398 350.77

R 89 124.35

R 0.00

5

313 Edward, Waterkloof

054031

Completed

R 0.00

R 2 597 583.51

R 0.00

6

273 Eridunus, Waterkloof

053575

Completed

R 0.00

R 2 828 604.88

R 0.00

7

286 Albertus, Waterkloof

053584

Completed

R 0.00

R 2 784 102.34

R 0.00

8

13, 1st Avenue Houghton*

050773 & 054581

Completed

R 3 133 499.05

R 333 263.99

R 0.00

9

21A Killarney Road, Sandhurst

052038

Completed

R 197 826.19

R 2 501 531.73

R 0.00

10

79 Bogey

052425

Completed

R 920 961.98

R 1 200 680.99

R 0.00

11

205 Sterlitzia Street

054730

Completed

R 0.00

R 2 658 529.98

R 0.00

TOTAL

R 6 808 939.18

R 20 255 579.94

05 June 2017 - NW1279

Profile picture: Hunsinger, Dr CH

Hunsinger, Dr CH to ask the Minister of Transport

(a) When was the Free State inspector of test stations appointed, (b) who was appointed, (c) what criteria were used in the appointment, (d) what reports have been submitted since the appointment, (e) what main issues have been identified, (f) what is being done to fix problem issues, (g) what solutions for problem issues have been identified and (h) what are the deadlines respectively?

Reply:

(a) In terms of the National Road Traffic Act (Act 93 of 1996), there is no provincial inspectorate of testing stations.

(b) No one has been appointed, however the Road Traffic Management Corporation (RTMC is in the process of appointing a service provider /s to conduct assessment and inspections of driver licensing testing centres and vehicle testing stations.

(c) An open tender, Reference No RTMC BID 05/2007/18 was issued on Friday 19 May 2017 and the closing date is 12 June 2017 at 11:00.

(d), and (e), for reasons stated in (a),(b) and (c) above, the Department only receives copies of the reports on inspections done by the SABS and is not privy to any provincial reports, findings and actions taken by the MEC of the province.

(f), (g), and (h) The Department has started with the process of developing the Anti-fraud and Corruption Strategy that is intended to root out fraud and corruption at the vehicle and driving testing stations; and in terms of the current Departmental Strategic Plan, it is anticipated that the strategy will be approved in March 2019.

05 June 2017 - NW1312

Profile picture: Kopane, Ms SP

Kopane, Ms SP to ask the Ms S P Kopane (DA) asked the Minister of Public Works

Whether his department is paying (a) rent, (b) maintenance and/or (c) bonds for any vacant and/or unoccupied properties; if not, what is the position in this regard; if so, (i) for how many properties, (ii) what are the reasons in each case, (iii) why are the specified properties unoccupied, (iv) in which (aa) municipalities and (bb) provinces are the specified properties situated and (v) what amount is his department paying in each case per month?

Reply:

The information required is being collected from various Divisions and stake holders which in turn must still be collated and verified so as to provide an accurate information. Therefore a consolidate response will be provided soon.

05 June 2017 - NW1222

Profile picture: Mokgalapa, Mr S

Mokgalapa, Mr S to ask the Minister of Home Affairs

Whether (a) her department and (b) each entity reporting to her 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?

Reply:

The question was forwarded to the Department and the entities who responded as follows:

(a) Department of Home Affairs

The Department has not procured any services from or made any payments to an entity called the Decolonisation Foundation as there has been no need to do so.

(b) Government Printing Works

Government Printing Works has not procured any services from or made any payments to an entity called the Decolonisation Foundation.

(b) Electoral Commission

The Electoral Commission has not procured any services from or made any payments to an entity called the Decolonisation Foundation, and none are expected to be procured.

05 June 2017 - NW990

Profile picture: Terblanche, Ms JF

Terblanche, Ms JF to ask the Minister of Basic Education

(1)Whether, she has found any evidence that supports the fact that children at public schools think a certain political organisation (name furnished) is corrupt and useless, as alleged by a certain person (name and details furnished) if not, what is the position in this regard; if so, has she found that the attitude of the pupils towards the specified political organisation is as a result of what they are taught at school; (2) whether she will make a statement on the integrity of the school system?

Reply:

1. The Minister has written to the identified person to provide the Department of Basic Education (DBE) with evidence in this regard. However, the DBE has been made aware of isolated cases (not a norm) involving some teachers. From the advent of democracy in South Africa, the DBE has built the curriculum on the same values and principles on which the Constitution of the Republic of South Africa are based. The National Curriculum and Assessment Policy Statement articulates the democratic values, aims and principles, social justice and fundamental rights enshrined in the Constitution of the Republic of South Africa. The implementation of the National Curriculum and Policy Statement makes it difficult for teachers to stray from the content, pedagogy, dogma and values anchoring the curriculum itself. Where teachers were found to have strayed from the implementation of the curriculum in its true content and spirit, the Department has acted and meted out applicable sanctions.

2. There would be no need to defend the integrity of school system on this matter as the Department is not inundated with reports of such cases. The DBE will, however, bring it to the attention of Provincial Education Departments to make teachers aware of consequences of not adhering to the stipulations of the National Curriculum and Assessment Statement and the democratic values enshrined in the Constitution of the Republic of South Africa.

05 June 2017 - NW1177

Profile picture: Van Damme, Ms PT

Van Damme, Ms PT to ask the Minister of Communications

(1)Whether her department purchased a new vehicle for her official use after her appointment to office on 31 March 2017; if so, (a) why, (b) what is the make and model of the vehicle, (c) what did the vehicle cost and (d)(i) what accessories were included in excess of the vehicle's purchase price and (ii) what was the cost of such accessories; if not, (2) whether she inherited an existing vehicle; if so, (a) what was the make and model and (b) how old is the vehicle?

Reply:

  1. No, the department did not procure a new vehicle for the Minister after her appointment on 31 March 2017.
  2. No, the Minister did not inherit an existing vehicle.

05 June 2017 - NW1281

Profile picture: Wilson, Ms ER

Wilson, Ms ER to ask the Minister of Transport

(a) When was the Western Cape inspector of test stations appointed, (b) who was appointed, (c) what criteria were used in the appointment, (d) what reports have been submitted since the appointment, (e) what main issues have been identified, (f) what is being done to fix problem issues, (g) what solutions for problem issues have been identified and (h) what are the deadlines respectively?

Reply:

  1. In terms of the National Road Traffic Act (Act 93 of 1996), there is no provincial inspectorate of testing stations.
  1. No one has been appointed, however the Road Traffic Management Corporation (RTMC is in the process of appointing a service provider /s to conduct assessment and inspections of driver licensing testing centres and vehicle testing stations.
  1. An open tender, Reference No RTMC BID 05/2007/18 was issued on Friday 19 May 2017 and the closing date is 12 June 2017 at 11:00.

(d), and (e), for reasons stated in (a),(b) and (c) above, the Department only receives copies of the reports on inspections done by the SABS and is not privy to any provincial reports, findings and actions taken by the MEC of the province.

(f), (g), and (h) The Department has started with the process of developing the Anti-fraud and Corruption Strategy that is intended to root out fraud and corruption at the vehicle and driving testing stations; and in terms of the current Departmental Strategic Plan, it is anticipated that the strategy will be approved in March 2019.

05 June 2017 - NW1182

Profile picture: James, Ms LV

James, Ms LV to ask the Minister of Communications

What is her position on (a) removing Parliament’s role in the appointment of non-executive board members of the SA Broadcasting Corporation (SABC), (b) the establishment of a nominating committee to advise her on who should serve on the SABC Board and (c) reducing the number of non-executive board members at the SABC?

Reply:

(a) The matter on the appointment of non-executive board members at the SA Broadcasting Corporation (SABC) is currently before Parliament. This matter is contemplated in the Broadcasting Amendment Bill 2015 was introduced into Parliament by the former Minister of Communications on 4 December 2015,

The Bill seeks to amongst other things, reduce the number of non-executive members of the Board of the South African Broadcasting Corporation Limited; to amend the procedure for the appointment and removal of non-executive members of the Board; to provide for the appointment of a nomination committee to make recommendations to the Minister for the appointment of non-executive members of the Board; to reconstitute the executive committee; to amend the procedure for the removal and resignation of nonexecutive members of the Board; to amend the procedure for the dissolution of the Board and for the appointment of an interim Board; and to provide for matters connected therewith.

Our position will be expressed or outlines when the Ministry of Communication is invited by the Portfolio Committee for a briefing in this regard.

(b) See (a) above

(c) See (a) above

05 June 2017 - NW1024

Profile picture: Ross, Mr DC

Ross, Mr DC to ask the Minister of Communications

Whether a certain official of the Films and Publications Board (details furnished) has been suspended; if so, (a) when was the official suspended and (b) why was the official suspended, (c) who is currently acting in the position the specified official and (d) on what basis was the individual appointed?

Reply:

Yes, the official has been suspended.

a) The official was suspended on 17 March 2017.

b) The official is facing various charges of alleged misconduct, details of which are still confidential pending finalisation of the disciplinary processes. The suspension was to enable the Board to conduct an investigation on allegations of misconduct.

c) Mr Mmberegeni Dzebu.

d) The Council requested the then Minister of Communications to second an official to act as the CEO. Mr Dzebu was found to be a suitable person.

05 June 2017 - NW1292

Profile picture: Van Dyk, Ms V

Van Dyk, Ms V to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in the Eastern Cape who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

(a) The Eastern Cape Province reported that one examiner was convicted and is still practicing (Case no 217/ 1 /2016 Cradock Magistrate Court). The reason for continuation is that the Department is waiting for the response of the accused. A suspension letter was issued to him and signed by him on 08 May 2017. He was given 21 days to respond and this will end on the 02 June 2017.

(b) See above (a)

(c) See above (b)

05 June 2017 - NW1284

Profile picture: Walters, Mr TC

Walters, Mr TC to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in Limpopo who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

a) The Limpopo province reported that there were no examiners convicted of issuing fraudulent certificates of road worthiness in the 2016 / 17 financial year.

b) See above (a)

c) See above (b)

05 June 2017 - NW1088

Profile picture: Carter, Ms D

Carter, Ms D to ask the Minister of Home Affairs

(1)Has she and/or her department decided what will happen to the 245,000 Zimbabweans who have Zimbabwe Special Permits (ZSP) which are valid until the end of 2017 (details furnished); if not, by what date will a decision be made; if so, what are the relevant details; (2) whether she intends to ease the restrictions on the ZSPs to allow qualifying Zimbabweans to apply for immigration, spousal, business or work visas without having to return to Zimbabwe first; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. I have received a detailed briefing from the Department on proposed options and/ or interventions that could be considered for current Zimbabwe Special Permit (ZSP) holders beyond the expiry date of 31 December 2017. I am currently considering such proposals, and also consulting with my Cabinet peers. I will be ready to make an announcement during August 2017.

2. Relevant details will be contained in the announcement envisaged above.

05 June 2017 - NW1090

Profile picture: Carter, Ms D

Carter, Ms D to ask the Minister of Home Affairs

(1)What is the total number of designated marriage officers that (a) her department currently has and (b) have been exempted from solemnising a civil union between persons of the same sex; (2) whether, given our constitutional order, it is her position that a marriage officer of her department may be exempted from solemnising a civil union between persons of the same sex; if not, would she introduce amending legislation to repeal section 6 of the Civil Union Act, Act 17 of 2006; if so, why?

Reply:

(1)(a) 1 130 designated marriage officers

(1)(b) 421 marriage officers are exempted to perform Civil Union Marriages whereby they objected on the grounds of conscience, religion or belief.

(2) This is not a Ministerial prerogative but a provision of the law in terms of section 6 of the Civil Union Act, 2006 (Act No. 17 of 2006) – A marriage officer, other than a marriage officer referred to in section 5, may in writing inform the Minister that he or she objects on the ground of conscience, religion and belief to solemnising a civil union between persons of the same sex, whereupon that marriage officer shall not be compelled to solemnise such civil union. The Act is clear in that marriage officers will not be compelled to solemnise such civil unions.

05 June 2017 - NW1087

Profile picture: Mkhaliphi, Ms HO

Mkhaliphi, Ms HO to ask the Minister of Home Affairs

Whether her department awarded any tender to companies associated with a certain person (details furnished), either as an employee or a director; if not what is the position in this regard; if so, (a) which tenders were awarded and (b) for what work?

Reply:

The Department of Home Affairs is not in a position to respond to the above question as the Department does not know which company / companies the person referred to is associated with or working for. The person referred to is and was not employed by the Department.

05 June 2017 - NW87

Profile picture: Hunsinger, Dr CH

Hunsinger, Dr CH to ask the Minister of Cooperative Governance and Traditional Affairs

(1) What is the current amount owed to Eskom by each municipality which is considered to have defaulted on its payment agreement to the electricity supplier; (2) in each case, has (a) his department or (b) any provincial department of Cooperative Governance and Traditional Affairs taken any action in terms of section 139(5) of the Constitution of the Republic of South Africa, 1996, to implement a financial recovery plan; if not, why not; if so, what was the outcome of this recovery plan; (3) what has he found to have been the reason why each specified municipality is not successful in addressing the Eskom debt?

Reply:

(1) Listed below are municipalities with payment arrangements, however these municipalities have defaulted at some point. These key defaulting municipalities’ combined contribution to overdue municipal debt is 87%.

Table 1: Municipalities with valid payment arrangements, as at 31 January 2017

See the link: http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW87Table-170605.pdf

(2)(a) Section 139(5) states that if a municipality, in financial crisis, breaches its obligation to provide basic services or admits that it is unable to meet its financial commitments, the relevant provincial executive authority must impose a financial recovery plan. The Minister can only intervene in terms of Section 139(7) if the provincial executive authority cannot adequately exercise its power to perform the functions referred to in sub-sections 4 or 5. The national executive authority must then intervene.

National and provincial government is obligated, in terms of Section 154 of the Constitution, to support and strengthen the capacity of municipalities in managing their own affairs and exercising their own power to carry out functions. In holding municipalities accountable, CoGTA as part of the Inter-Ministerial Task Team on Eskom debt, has been in discussion with Premiers, MECs and Mayors. The Department has had engagements with various stakeholders to resolve the issue of Eskom debt. The following agreements were reached:

  • Eskom proposed to reduce the current interest rate charged to municipalities that are in arrears from 5% to prime plus 2,5%.
  • Eskom will review charging interest after 15 days as opposed to 30 days, in terms of the PFMA.
  • Eskom has agreed to allocate the payments by municipalities first toward the principal debt before the interest.
  • The majority of municipalities have been assisted to enter into payment agreements. In August 2016, only 24 municipalities had agreements in place. However, as at January 2017, it has increased to 54.
  • The Inter-Ministerial Task Team is in the process of resolving the legislative matters on electricity reticulation between Eskom and municipalities.

(3) Based on Eskom’s interaction with municipalities and the Inter-Ministerial Task team (DPE/CoGTA/NT) during 2016, the following common challenges were identified as contributing to the municipalities not honouring their financial obligations with Eskom:

i) Financial

  • Cross-subsidisation of electricity revenue for other municipal services.
  • Electricity tariff setting is not cost-reflective.
  • Some municipalities are grant-dependent.
  • Notified Maximum Demand (NMD) penalties and interest on arrears makes it difficult to decrease the principal debt.

ii) Technical

  • Eskom charges a high penalty when municipalities exceed the NMD.
  • Theft and losses of electricity equates to as much as 50% of purchases in some municipalities.
  • A maintenance backlog in infrastructure results in high technical losses.

iii) Legislative Framework

  • Municipalities are unable to effect credit control measures in Eskom-supplied areas of electricity supply.

05 June 2017 - NW1416

Profile picture: Dreyer, Ms AM

Dreyer, Ms AM to ask the Minister of Transport

What amount has his department spent on (a) travel, (b) accommodation and (c) subsistence costs for (i) him, (ii) his deputy minister and (iii) the respective spokespersons and media liaison officer(s) in the (aa) 2014-15, (bb) 2015-16 and (cc) 2016-17 financial years?

Reply:

(aa) 2014-15

ITEM

NAME

DESIGNATION

AIR

CAR HIRE

(a) TRAVEL

(b) ACCOMMODATION

(i)

MS E PETERS

MINISTER

R1 298 747.00

R 667 166.38

R1 965 913.38

R181 172.70

(ii)

MS L CHIKUNGA

DEPUTY MINISTER

No information available

R392 782.61

R392 782.61

R21 345.00

(iii)

MR I MNISI

MEDIA LIAISON OFFICER - MINISTRY

R8 706.17

R17 527.30

R26 233.47

R69 754.38

(iii)

MS N MAPHANGA

PARLIAMENTARY AND MEDIA LIAISON OFFICER - DEPUTY MINISTER

R0.00

R142 222.72

R142 222.72

NO INFO

No information – no record, company insolvent

(bb) 2015-16

ITEM

NAME

DESIGNATION

AIR

CAR HIRE

(a) TRAVEL

(b) ACCOMMODATION

(i)

MS E PETERS

MINISTER

R1 401 868.22

R883 813.53

R 2 285 681.75

R50 760.73

(ii)

MS L CHIKUNGA

DEPUTY MINISTER

R1 008 247.22

R863 496.51

R1 871 743.73

R109 187.69

(iii)

MR I MNISI

MEDIA LIAISON OFFICER - MINISTRY

R104 071.11

R30 607.13

R134 678.24

R52 744.00

(iii)

MS N MAPHANGA

PARLIAMENTARY AND MEDIA LIAISON OFFICER - DEPUTY MINISTER

R219 534.16

R154 047.35

R373 581.51

R124 636.87

(cc) 2016-17

ITEM

NAME

DESIGNATION

AIR

CAR HIRE

(a) TRAVEL

(b) ACCOMMODATION

(i)

MS E PETERS

MINISTER

R750 529.60

R1 047 281.14

R1 797 810.74

R85 616.07

(ii)

MS L CHIKUNGA

DEPUTY MINISTER

R862 245.83

R539 112.08

R1 401 357.91

R152 472.49

(iii)

MR I MNISI

MEDIA LIAISON OFFICER - MINISTRY

R93 865.84

R47 183.02

R141 048.86

R49 622.53

(iii)

MS N MAPHANGA

PARLIAMENTARY AND MEDIA LIAISON OFFICER - DEPUTY MINISTER

R195 974.90

R282 622.46

R478 597.36

R191 802.97

05 June 2017 - NW1288

Profile picture: Vos, Mr J

Vos, Mr J to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in the Free State who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

a) According to information provided by the Free State province, no examiners were arrested or convicted in the 2016 / 17 financial year for fraudulent certification of roadworthiness.

b) See above (a)

c) See above (b)

05 June 2017 - NW1286

Profile picture: Walters, Mr TC

Walters, Mr TC to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in North West who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

a) The North West Department of Transport reported on the following:

Four (4) Examiners had been arrested and charged.

Of the four (4), one (1) examiner resigned during the process,

One (1) examiner was found guilty by the Wolmaranstad Magistrate Court and sentence will be passed on the 9th June 2017.

Two (2) Examiners' case ongoing at the Tlhabane Magistrate Court, but are currently on bail and the hearing postponed to the 8th June 2017 - Case No. 336/02/2017

One (1) Runner and a Clerk arrested with the Examiner above, case also ongoing - Case No. 336/02/2017

The examiner who was found guilty is not currently working as an examiner.

b) See above (a)

c) See above (b)

 

05 June 2017 - NW1287

Profile picture: Vos, Mr J

Vos, Mr J to ask the Minister of Transport

(a) What is the total number of examiners of vehicles in Gauteng who have been convicted of issuing fraudulent certificates of road worthiness and continue to practice as examiners, (b) why have the specified examiners not been charged and arrested and (c) by what date will they be arrested and charged?

Reply:

It is difficult to report on the statistics relating to convictions of examiners due to the prolonged period it takes to finalise a case; and due to the fact that once a case has been opened with the South African Police Service (SAPS), they must conduct investigations and ultimately prepare the docket for the Department of Justice to prosecute. Therefore a case may take much longer than expected to be finalised. This involves arms of government other than the Department of Transport.

a) Gauteng Province responded by noting that that five (5) Examiners of vehicles have been de-registered as Authorized Officers for Fraud during the 2016/2017 financial year and are no longer practicing as Examiners of Vehicles in the Gauteng Province due to their registration being cancelled.

b) See above (a)

c) See above (b)

05 June 2017 - NW1293

Profile picture: Topham , Mr B

Topham , Mr B to ask the Minister of Transport

(a) Why are the provisions of SA National Standards 10216 not being applied equally with regard to the vehicle testing stations in each of the provinces, (b) why have the recommendations by the SA Bureau of Standards Inspectorate of vehicle testing stations been ignored to date, (c) what is his department doing to ensure that these recommendations are complied with, (d) what are the (i) timelines, (ii) milestones and (iii) deadlines in each province, (e) what is being done to ensure that these dates are complied with and (f) who is responsible to ensure that these dates are met?

Reply:

(a) In terms of section 40 of the National Road Traffic act, 1996 (Act No. 93 of 1996) read with regulation 136 of the National Road traffic Regulations, 2000 it is the competency of the respective MEC’s responsible for transport to either suspend or cancel the registration of a testing station, if a testing station no longer complies with the requirements for registration. In terms of Regulation 137E the Inspectorate of Testing Stations shall evaluate and inspect as prescribed and make recommendations to the MEC in terms of the compliance or non-compliance of vehicle testing stations in the province. This includes but is not limited to the compliance to SANS 10216. It remains the prerogative of the respective MECs to implement the recommendations of the SABS and the reason for different applications of the recommendations is due to the fact that each MEC may choose to implement according to his or her discretion.

(b) The function of the Inspectorate of Testing Stations is currently performed by the South African Bureau of Standards (SABS). The Inspectorate can only make recommendations to the respective MEC and have no powers to enforce such recommendations. It remains the prerogative of the respective MECs to implement the recommendations of the SABS and the reason for different applications of the recommendations or not implementing at all is due to the fact that each MEC may choose to implement according to his or her discretion. All provinces have replied that the recommendations were adhered to.

(c) The Department is communicating concerns regarding noncompliance at the national forums and via provincial information sessions. This happens on a continuous basis. The Department has further included the development of the Anti-Fraud and Corruption Strategy in its Strategic Plan and Annual Performance Plan. The Department is further striving towards publishing the Minimum Requirements for Service Delivery Standard. Both these initiatives strive to address non-compliance at not only testing stations but also Driving Licence Testing Centres and Registering Authorities. All of the mentioned initiatives involves publication in the Gazette and impact studies. The replies to (d), (e) and (f) are dependent on the relevant MECs of each province and are depicted under the applicable provincial heading below.

Eastern Cape:

(d) (i) Upon recommendations by the SABS, Eastern Cape issues a TS4 notice to the contravening vehicle test station in terms of Regulation 136 (1) and (2) NRTA, Act 93 of 1996, and the Promotion of Administrative Justice Act 3 of 2000, requiring the said VTS to report to the MEC in writing within 14 days from the date of the notification, the reason for such failure to comply and details of the measures taken to rectify and prevent such failure. Standards are applied to in terms of the National Road Traffic Act 93/1996

(ii) (iii) The Province follows up with the VTS after the 14 days, and with the SABS to determine if the recommendations have been implemented and findings cleared. If the findings are not cleared, and of a nature that warrants suspension or cancellation, Eastern Cape then issues a TS5 notice to the contravening VTS notifying of the suspension or cancellation of the registration of such VTS, in terms of Regulation 136 NRTA, Act 93 of 1996, and the Promotion of Administrative Justice Act 3 of 2000.

No SABS findings were ignored. All recommendations by the Vehicle Testing Centre were rectified and sent back to SABS.

EC Inspectorate Section is doing a follow up to those recommendations by SABS and most were rectified.

The contravening VTS then has the right to appeal to the Minister of Transport within 21 days of receipt of the notice as per Section 51A NRTA, Act 93 of 1996. If an appeal is lodged with the Minister of Transport within the 21 days, and the Province is notified of such, then the Province waits for the decision of the Minister before implementing the suspension or cancellation.

(e) Inspectorate after the visit SABS should immediately forward copy or Email to the Provincial Inspectorate

(f) Eastern Cape Vehicle Fitness Section

Free State:

(d)The Province has started during the 2014-2015 Financial Year to upgrade and calibrate all the vehicle testing equipment at vehicle testing stations in the province.

(i) (ii)The Province reported that 17 stations were upgraded (i.e. Bloemfontein, Trompsburg, Bethlehem, Harrismith, Parys, Heilbron, Sasolburg, Kroonstad, Welkom, Virginia, Wesselsbron, Marquard, Ladybrand, Ficksburg, Odendaalrus, Thaba-Nchu, and Windburg Testing Stations) by the end of the 2016/17 financial year.

(iii) The province endeavors to continue upgrades in the 2017/18 financial year and will further calibrate the equipment of five more stations i.e. Botshabelo, Phuthaditjhaba, Bultfontein, Viljoenskroon and Petrusburg.

(e) The Inspectorate for Vehicle Testing Stations will follow up on the progress reported by the province.

(f) Provincial Monitoring Unit

Gauteng Province:

(d) (i) Upon recommendations by the SABS, Gauteng issues a TS4 notice to the contravening vehicle test station in terms of Regulation 136 (1) and (2) NRTA, Act 93 of 1996, and the Promotion of Administrative Justice Act 3 of 2000, requiring the said VTS to report to the MEC in writing within 14 days from the date of the notification, the reason for such failure to comply and details of the measures taken to rectify and prevent such failure.

(ii) The Province follows up with the VTS after the 14 days, and with the SABS to determine if the recommendations have been implemented and findings cleared. If the findings are not cleared, and of a nature that warrants suspension or cancellation, Gauteng then issues a TS5 notice to the contravening VTS notifying of the suspension or cancellation of the registration of such VTS, in terms of Regulation 136 NRTA, Act 93 of 1996, and the Promotion of Administrative Justice Act 3 of 2000. The contravening VTS then has the right to appeal to the Minister of Transport within 21 days of receipt of the notice as per Section 51A NRTA, Act 93 of 1996. If an appeal is lodged with the Minister of Transport within the 21 days, and the Province is notified of such, then the Province implements the decision to suspend or cancel the VTS in question on approval by the Minister

(iii) Addressed in (ii) above

(e)Addressed in (d) above

(f) Gauteng: Vehicle Fitness Section

KwaZulu-Natal:

The KwaZulu-Natal Province abides by the prescripts of SANS 10216. The Inspectorate of testing stations, SABS conducts yearly inspections at KwaZulu-Natal Vehicle Testing Stations and provides recommendations in respect of the findings in terms of SANS codes 10216 and deviations are addressed accordingly.

KZN does adhere to the recommendations made by the SABS. Upon receipt of TS4, TS5 recommendations from SABS, notices of intention to cancel or suspend or suspension/cancellation notices, signed by the HOD, are forwarded to the vehicle testing stations. Responses are followed up.

(c) Notices are sent to the vehicle testing stations, responses are dealt with, and SABS is consulted with regarding the responses.

(d) What are the:

(i) The recommendation is received from SABS. The notice is prepared for the HOD’s signature. On receipt of the signed notice, the notice is hand delivered and from the date of delivery, the testing station is given 14 days to respond.

(ii) The KwaZulu-Natal Department of Transport issued twelve (12) TS4 notices on recommendation from SABS, and 1 TS5 notice is in the process of being served. The representations in respect of the TS4 notices are in the process of being reviewed by SABS/Administration, and

(iii) The proprietor is given 14 days to respond.

(e) Monitor and pend for response, follow up on responses.

(f) The KwaZulu-Natal Department of Transport

Limpopo:

(d) The province is having number of compliance inspections conducted as one of the indicators in the Annual Performance Plan.

(i) Each and every institution is monitored every six months.

(ii) Compliance reports are received from National Inspectorate, follow-ups are made on implementation of the recommendations.

(iii) Monthly reports are received from the Departmental Inspectors and reports are being made to the respective institutions.

(e)(f) The National Inspectorate of Vehicle Testing Stations makes regular follow ups to ensure that these dates are met.

Mpumalanga:

(d) (i) (ii) (iii) Once the testing station report has been received, TS4 is issued to the affected testing station and a response is expected within 14 days. The testing station is given 30 days to put corrective measures.

(e) A follow up inspection is conducted to confirm the corrective measures.

(f) The Senior Manager responsible for Transport Administration and Licensing in the province.

North West:

d) The Provincial monitoring unit conducts follow up inspections to ensure the implementation and monitoring of the recommendations as communicated with the stations.

(i) Stations are given 30 days to respond to the recommendations made by the SA Bureau of Standards.

(ii) Non-compliant stations at the time of the inspection, have implemented all recommendations and now operating effectively. Furthermore, the Provincial Inspectorate conducts unannounced inspections to independently confirm that short comings are addressed accordingly.

(iii.) The provincial deadline for the implementation of the recommendations are linked to the SA Bureau of Standards Inspectorate deadline of 30 days.

e) Provincial monitoring unit conducts regular announced and unannounced visits to the Vehicle Testing Stations to ensure strict adherence to the deadlines, and where slow implementation is experienced, immediate intervention is sought with relevant authorities.

f) The Provincial monitoring unit is mandated with the responsibility of ensuring that all recommendations and deadlines thereto are strictly adhered to by relevant stations.

Northern Cape:

(d) Follow up letters are submitted to the respective Testing Stations in line with the findings and recommendations of the South African Bureau of Standards where TS4/ TS5 notices were issued.

Follow up visits are conducted to determine whether corrective interventions were taken or not. In the case where no corrective actions are taken the Testing Stations are suspended from operation i.e., De Aar, Victoria West, Kathu, Prieska etc.

Regular follow up visits and hosting of information sessions to ensure a common understanding in respect of the interpretation and application of relevant policies governing the Vehicle Testing Station environment.

(i) Quarterly

(ii) Follow up visits are done on Quarterly basis to ensure implementation plans are adhere to.

(iii) Testing Stations are given 14 (fourteen) days to comply in terms of Regulation 136 of the National Road Traffic Act, (Act. 93 of 1996).

(e) Regular follow ups in writing, telephonically and meetings with Municipal Managers/ Testing Station Proprietors.

(f) The Provincial Monitoring Unit.

Western Cape:

(d) Findings raised in reports that are provided to the Department are formally brought to the attention of the VTSs and followed up until rectified:

(i) as soon as the report is received with feedback due to the Department within 21 days (ii) milestones and corrected finding

(iii) reported immediately for a response within 21 days,

(e) The Section Vehicle Regulation and Standards Unit and the Compliance Monitoring Unit do follow up inspections.

(f) The Section Vehicle Regulation and Standards Unit and the Compliance Monitoring Unit

05 June 2017 - NW1371

Profile picture: Breytenbach, Adv G

Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

Whether his department is in the process of revising (a) the Regulation of Interception of Communications and Provision of Communication-Related Information Act, Act 70 of 2002 and (b) any other interception legislation; if not, what is the position in each case; if so, what progress has been made in each case; 2) whether each process is inclusive of a revision of section 205 of the Criminal Procedure Act, Act 51 of 1977, as amended; if not, in each case, why not; if so, what are the relevant details in each case?

Reply:

1. (a) Yes.

    (b) The Regulation of Interception of Communications and Provision of

Communication–related Information Act (RICA), 2002 (Act No. 70 of 2002) has been earmarked for revision and appropriate amendments. This is as a result of a number of requests for amendments that have been received from various quarters and also as a result of concerns regarding the implementation of the RICA which have been brought to the attention of the Department. These requests relate, among others, to the following:

  1. the need to enhance governance, transparency and accountability mechanisms in order to oversee the interception of communications;
  2. the need to give further consideration to the compulsory registration of SIM-cards and the regulation thereof; and
  3. the broadening of RICA to cater for the combatting of cybercrime, making provision for other forms of electronic surveillance and regulating the use of remote access tools to investigate crime.

The Department is still in an investigative and initial drafting phase. A draft Bill is not yet available. Discussions with some of the law enforcement agencies regarding certain proposed amendments are under way. Public consultation will follow once the Department has processed the draft Bill through the required internal processes.

2. Yes. Section 15 of the RICA deals with the availability of other procedures for obtaining real-time or archived communication-related information. In terms of this section, the availability of the procedures in respect of the provision of real-time or archived communication-related information provided for in sections 17 and 19 of the RICA (applications to the interception judge for real-time communication-related and archived communication related-directions) does not preclude obtaining such information in respect of any person in accordance with a procedure prescribed in any other Act. However, in terms of section 15 of the RICA any real-time or archived communication-related information which is obtained in terms of such other Act may not be obtained on an ongoing basis.

In this regard, section 205 of the Criminal Procedure Act (CPA), 1977 (Act No. 51 of 1977) is relevant. Section 205 of the CPA deals with the power of a judge, regional court magistrate or magistrate, upon the request of a Director of Public Prosecutions (DPP) or a public prosecutor authorized thereto by the DPP, to require the attendance before a judge, regional court magistrate or magistrate, for examination by the DPP or the public prosecutor authorized thereto by the DPP, of any person who is likely to give material or relevant information as to any alleged offence, whether or not it is known by whom the offence was committed. If such person furnishes that information to the satisfaction of the DPP or the public prosecutor concerned prior to the date on which he or she is required to appear before a judge, regional court magistrate or magistrate, he or she is under no further obligation to appear before a judge, regional court magistrate or magistrate.

The Department is aware of concerns relating to the application of section 205 of the CPA in order to obtain real-time or archived communication-related information. Since section 205 of the CPA can be used to obtain material and relevant information regarding any alleged offence and not only information relating to communication as provided for in the RICA, the Department will consider amendments to section 15 of the RICA together with the amendments referred to in question 1 above.

05 June 2017 - NW1202

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King, Ms C to ask the Minister of Communications

(1)Whether, with reference to (a) the reply to question 1965 on 30 September 2016, (b) the reply to question 1065 on 25 April 2016 and (c) the reply to question 435 on 30 March 2017, any positions are still vacant at the Media Development and Diversity Agency (MDDA); if not, what are the relevant details; if so, (a) which positions are still vacant and (b) what are the reasons in each case; (2) for how long has the CEO position of the MDDA been vacant; (3) whether the specified person is compensated for the roles of (a) Chairperson of the MDDA Board and (b) CEO; if not, what is the position in this regard; if so, (i) on what statutory grounds, (ii) what are the terms and (iii) how much in each case; (4) whether, with reference to the reply to question 435 on 30 March 2017, she has found that the position of CEO of the MDDA will be filled by the end of the first quarter of the 2017-18 financial year as anticipated; if not, what is the position in this regard; if so, what progress has been made in this regard? (2) have the specified positions been advertised; if so, (a) which positions were advertised and (b)(i) in which media and (ii) on what dates were they advertised; (3) (a) how many of the specified positions are still occupied in an acting capacity and (b)(i) how many senior management acting positions are still occupied in an acting capacity since the appointment of the new MDDA Board and (ii) which positions are these?

Reply:

  1. Yes.

(a) The following positions are still vacant;

Chief Executive Officer (CEO)

Chief Financial Officer (CFO)

Strategy, Monitoring and Evaluation Director

Research and Capacity Building Manager

Project Director

Executive Secretary to CEO

Knowledge Management Co-ordinator

Assistant Company Secretary

Legal and Contracts Officer

Internal Audit Manager

Travel and Events Officer

HR Officer

Digital Media Co-ordinator

(b) Chief Executive Officer (CEO): A CEO was appointed for the Media Development and Diversity Agency (MDDA), commencing on 1 January 2017. He subsequently resigned from the Agency, with immediate effect, on 28 February 2017. Recruitment for a replacement CEO commenced immediately with a recruitment advertisement placed nationally with a closing date of 2 April 2017. The candidates have since been shortlisted.

Chief Financial Officer: This position was put on hold to enable the newly appointed acting CEO to be involved in the selection of the Executive Team.

Executive Secretary to the CEO: This position was put on hold to enable the newly appointed CEO to be involved in the selection of the Executive Secretary.

Strategy, Monitoring and Evaluation Director, Project Director: This position was put on hold to enable the newly appointed CEO to be involved in the selection of the Executive Team. On the resignation of the CEO on 28 February 2017, the Board of the MDDA decided not to delay recruitment of the executive positions any further.

Research and Capacity Building Manager; Knowledge Management Co-ordinator; Assistant Company Secretary; Legal and Contracts Officer, Internal Audit Manager, Travel and Events Officer, HR Officer, Digital Media Co-ordinator: These positions are new in the MDDA organogram which was approved by the Board in quarter four of the 2015/2016 financial year. The positions were to be funded through funding from two major funders who only committed this funding in quarter 3 of the 2016/17 financial year.

2. (a) Yes, all positions have been advertised.

(b) (i) and (ii) The positions for CEO, CFO, Legal and Contracts Officer, Assistant Company Secretary and Travel and Events Co-ordinator were advertised in the Sunday Times on 12 March 2017 and on the MDDA website.

The other positions were advertised on 10 April 2016 in the City Press and on the MDDA website.

3. (a) Two of the specified positions are occupied in an acting capacity namely; CEO and CFO.

(b) (i) None (ii) Only the executive positions listed above in (3) (a) are occupied in an acting position. These are recent vacancies.

05 June 2017 - NW1427

Profile picture: Hunsinger, Dr CH

Hunsinger, Dr CH to ask the Minister of Transport

(1)When was a certain person (name furnished) appointed onto the Road Traffic Infringement Agency Board; (2) whether the appointment was gazetted; if not, (a) why not and (b) what are the implications of not having the appointment gazetted; if so, what are the relevant details?

Reply:

(1) Adv Bilikwana is not appointed to the Board of the Road Traffic Infringement Agency;

(2) There was no appointment made and thus no need for his name to be gazetted;

(a) there was no gazetting because he is not a member of the board. His official employment duties are that of a Company Secretary. In the RTIA’s correspondence therefore, his name is listed along with that of board members, expressly indicating that he is the Company/Board Secretary, in line with best practise