Questions and Replies

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.

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

 

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.

Reply:

(1) (a) In the current financial year the Department of Sport and Recreation SA (SRSA) will conduct a facility audit intended not only to quantify number of facilities available, their type and level of service they offer, but also to assess needs and shortfalls using various methods including municipal IDPs and the SRSA Facility Classification Framework, which provides guidelines in terms of type and category of facility, level of service it must offer and minimum distance/radius for accessibility. This, in line with the department’s annual performance plan, will ensure the prioritisation of building and maintenance of facilities in order to contribute to the objectives of National Sport and Recreation Plan and the National Development Plan.

(b) The Department has conducted and concluded a facility count and verification process in 2016. The process included count of all facilities irrespective of their ownership and this was done through our facility count project team in all nine (9) provinces in collaboration with municipalities. The national total sum of facilities as counted is 5022, and provincial breakdown is as follows:

 

PROVINCE	FACILITIES
Eastern Cape	214
Free State	259
Gauteng	989
KwaZulu-Natal	1341
Limpopo	947
Mpumalanga	791
Northern Cape	102
North West	134
Western Cape	245
NATIONAL	5022

(c) Our 2016 facility count took this matter into consideration and make a shocking revelation that of all facilities counted, irrespective of their conditions, only 20% are accessible to people with disabilities, and this is another matter that justifies a need to strengthen the role of SRSA in planning and monitoring implementation of sports and recreation infrastructure projects in order to enforce Norms and Standards, and Sports and Recreation Amendment Act both of which emphasize a need to ensure that sports facilities are user friendly to people with disability.

(2) (a) Since 2016/17 the department has been involved with identification of sports infrastructure projects in all provinces in order to guide allocation of the R300 million for MIG. The NDP dictates that all settlement in the country must have access to sport and recreation facilities, and it is in that spirit that while resources are limited and prioritisation is inevitable, allocations will be made in all provinces.

(b) Since sports infrastructure projects are implement in a context of MIG, therefore, with exception of multi-year projects, completion dates of projects will coincide with the end municipal financial year, and this effectively informs time frames.

**************************************

Reply:

The Department of Public works manages accommodation requirements of national departments through the Property Management Trading Entity (PMTE). Included in this mandate is the provision of accommodation through state owned and leased properties, construction of new accommodation, major refurbishment of existing properties and management of municipal services.

State-owned accommodation charges are billed quarterly in advance in line with the devolution framework principles developed at the time of establishment of the PMTE. The process that is followed to recover monies relating to private leases, municipal services, Client Infrastructure spending (Capital allocation) and other recoverable infrastructure projects (referred to as PACE and CA) is as follows:

 

• PMTE pays lessors, contractors and municipalities on behalf of user departments;
• At the end of the month, the recoverable costs are consolidated per client;
• Invoices are then issued to clients in arrears;
• User departments have 30 days to settle debts in terms of the PFMA;
• However, in practice this gives rise to 60 days delay in matching the expense with the revenue.

As at the end of March 2017, R2, 854 billion was outstanding from national departments (Annexure: A) and R195 billion from other organs of state (Annexure: B).

In line with established inter-governmental cooperation principles, the PMTE has regular interactions with user departments for the recovery of outstanding debts and is assisted by the National Treasury where additional funding is required.

 

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.

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.

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.

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.

Reply:

1. The National Treasury did provide the former Minister of Communications or the Department of Communication with the report into investigation into the set-top box procurement process.

2. (a) There was no additional request made to PWC to conduct any further investigation as the Department of Communication has not requested the National Treasury to facilitate such an investigation.

(b) No further aspects of the process are being investigated, currently.

(c) The final report will be completed subject to completion of criminal proceedings by law enforcement agencies.

Reply:

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

Reply:

E-government services are the services that Government render to the public online through the internet. In this regard, the Department of Home Affairs has developed an eHome Affairs Portal which enables citizens to apply for smart ID Cards and Passports online. The Portal was launched on 07 April 2016.

(a) FY2016/17 Expenditure

1. Development of the eHome Affairs Portal – R6 960 447.19
2. Post Release Enhancements of eHome Affairs – R2 846 908.79
3. Support and Maintenance of the eHome Affairs system – R887 494.97

It is to be noted that the development of the Portal includes upgrade to Live Capture system and revenue systems to enable EFT payments and integration to various core systems.

​(b) FY2017/18 Budget allocation for eHome Affairs Portal

1. Planned enhancement of eHome Affairs Portal – R2 500 000.00
2. Maintenance and Support of the System – R1 000 000.00
3. Hosting and Internet Connectivity for eHome Affairs (including hardware procurement) – R10 000 000.00

Reply:

As a starting point, I need to state the following to the Honourable Member: SANRAL is in terms of the SANRAL Act, 1998 (Act 7 of 1998) (“the Act”) read together with the Regulations promulgated in terms thereof, empowered to recover outstanding debt from users who traverse the Gauteng Freeway Improvement Project (GFIP) network in Gauteng.

(a)(b) Yes, the recovery is based on a “user pay principle” irrespective of whether the user is registered or non-registered. Such a recovery process will be embarked upon once all the prescribed legal processes have been followed.

(i0 In terms of section 27(1)(b) of the SANRAL Act, read together with the e-Road Regulations (published by the Minister of Transport on 9 October 2013 in Government Gazette Notice No. R. 793 in terms of sections 58(1)(dA) and (dC) of the SANRAL Act ("the e-Road Regulations")), the owner of a vehicle that passes under a gantry (defined as " a toll plaza where the liability to pay toll is recorded by an electrical or electronic device" in regulation 1 of the e-Road Regulations) on the GFIP toll roads is liable to pay toll to SANRAL

(ii) Both registered and non-registered be they individuals and companies registered in terms of our Company Laws of the Republic will be taken to court based on the merit of the case.

(iii) None

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	-	-	-

Reply:

The impasse has been resolved. The Commonwealth Games Federation (CGF) awarded the bid to host the Commonwealth Games 2022 on 02 September 2015 at its general assembly in Auckland, New Zealand. At the time of awarding the bid, the finance guarantee by the South African Government was not signed, as certain conditions of the host city agreement were not favourable to South Africa and hence could not be signed. This further meant that the outstanding issues raised by the evaluation commission after their visit in April/May 2015 could not be attended to as it was dependent on the negotiations with the Commonwealth Games Federation around matters contained in the financial guarantee and the host city agreement.

Further to the negotiations, South Africa provided a response to the issues by 30 November 2016. The Commonwealth Games Federation completed its detailed review of the final information submitted by South Africa on 30 November 2016 to determine whether the requisite conditions precedent set by South Africa would be acceptable to the Commonwealth Games Federation. The latter however felt that this did not meet with their methodology of games delivery and considered South Africa's position as a departure from the conditions they had set in the proposed Host City Agreement. The Evaluation Commission of the Commonwealth Games Federation did not accept South Africa's conditions, budget proposals and delivery methodology. It was therefore resolved that the Commonwealth Games Federation should withdraw the rights awarded to Durban to host the 2022 edition of the games.

**************************************

Reply:

1. The link below indicates the number of invoices issued and paid for each month since 1 April 2015 to 31 March 2017. The information for April 2017 is not yet available, but will be submitted once it is available.

https://pmg.org.za/files/RNW1328Table-170605.pdf  

2. SANRAL calculates the compliance rate in Rand value due to invoices varying in terms of tariff due to class of vehicle, time-of-day, frequent user discount, etc. Additionally, it should also be noted that once a vehicle reaches the monthly cap, invoices are still issued even though the value is zero.

a) The compliance rate for February 2017, based on Rand value was 29%.

b) Due to the year-end processes and audits still to be concluded, the value of outstanding debt can’t be disclosed. This will be available once the Auditor-General has concluded the audit on 31 July 2017. The audited results as at 31 March 2016, reflects the outstanding value (trade receivables), which would be for unregistered users, as R7 206 million.

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.

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.

Reply:

1. (a) (i) No.

(a) (ii) No.

(aa) Not Applicable

(bb) Not Applicable

(cc) Not Applicable

(dd) Not Applicable

(ee) Not Applicable

(ff) Not Applicable

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.

Reply:

Auditing process in relation to the total amount spent, amongst others, refer to in this parliamentary question is still under away, once the auditing process and all other process has been completed, the amount spent, will be submitted to Parliament as part of the Annual Reports, which will be tabled in Parliament.

Reply:

1. a) The National Department of Public Works is the custodian of the Jonkershoek Forest Reserve Farm 352 and the unregistered portion 4 also known as “Op-die-Bult Jonkershoek”

(b) The National Department of Public Works is currently negotiating with the Stellenbosch Municipality to assume responsibility for the human settlement of former forest workers by means of the disposal of the property to that municipality.

(2) No, currently there are no funds available for the maintenance of the general infrastructure and houses of the settlement, hence negotiations with the
Stellenbosch Municipality to assume responsibility for the settlement.

(3) (a) 18 formal structures have been confirmed at Op-die-Bult, with 123 households recorded in the broader Jonkerhoek Mixed Use Precinct. These
figures are from the time when the property was returned to Department by the South African Forestry Company Limited (SAFCOL) acting on behalf of
the then Department of Water Affairs and Forestry.

(b) (i) No funds have been spent on the infrastructure

(b) (ii) No funds have been spent on the houses

(4) (a) The Department is currently negotiating with the Stellenbosch municipalityto take over the properties together with their inhabitants as it is best-placed to provide appropriate standards of human settlement

(b) Yes, it is envisaged that the Department will hand over the properties to the Stellenbosch Municipality for management of the human settlement according to prescribed standards.

(5) The National Department of Public Works aims to transfer the land to the Stellenbosch Municipality. Other relevant Departments e.g. Department of
Human Settlements, COGTA, Department of Rural Development etc. will then be drawn in as an intergovernmental team to assist with housing and
infrastructure in formalising the settlement in terms of their core function.

Reply:

1. Yes, Erf 81 situated in Tamboerskloof, Cape Town, Western Cape falls under the care of National Public Works Department.

2. The property is being considered for transfer to the Department of Defence, which has requested that this property – as well as all other Endowment properties – be returned to the Department of Defence for their own use. The property is an Endowment property owned by Department of Defence and is under the custodianship of National Department of Public Works.

3. The property is intended to be used by the Department of Defence for their own needs.

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.

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.

Reply:

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

Reply:

a) The Department of Home Affairs is not in a position to respond to the 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.

b) No.

Reply:

(a) The increase in the remuneration of the CEO of Umalusi from 2013-14 to 2014-15 financial years was not as a result of a long service award as previously reported. The spur of the moment response given in the meeting of the Portfolio Committee on 3 May 2017 was informed by the fact that such an award was given to the CEO in recognition of his 30 years’ service in the public service albeit a year earlier. The decision for the long service award was guided by the long service policies of the Department of Public Service and Administration (DPSA) and Umalusi.

The table below outlines the remuneration components of the total package reported in the annual reports of the abovementioned financial years:

	Remuneration component	13/14	14/15	%
		R'000	R'000	increase
1	Basic remuneration	1 618	1 729	6.9%
2	Pension contribution	149	160	7.1%
3	Medical contributions	–	12	100.0%
4	Cost to company package	1,767	1,901	7.6%
5	Bonus & Performance payment	99	114	14.9%
6	Leave pay-out	–	220	100.0%
7	Long service award	–	–	–
8	Total package	1 867	2 235	19.7%

In the 2013-14 to 2014-15 financial years the leave pay-out was the remuneration component that led to the high increase. In 2014 the Remuneration and Human Resources Committee of Council (REMCO) noted that 12 employees had accumulated more than 50 leave days. In May 2014, REMCO recommended to Council to pay out a maximum of 30 days to employees. The recommendation was subsequently approved by Council in June 2014 and the pay-out was actioned in July 2014. Ultimately, only 7 employees were reimbursed, and one of them was the CEO.

(i) The long service award was given to the CEO in January 2013 i.e. the 2012/13 financial year, as stipulated in the policies of the Department of Public Service and Administration (DPSA) and Umalusi.

(ii) The amount of the award was R15 000. The employee also encashed 30 days’ annual leave as per the Umalusi policy. The total amount of leave paid out was R188 270.

(iii) The CEO is employed at salary level 16 of the DPSA levels.

(iv) The table below summarises the employment history of Dr Rakometsi from 1 January 1983 to date.

Years	Position held	Institution	Date appointed	Date resigned / promoted
Total to date: 34 years 5 months
8 years 5 months	Chief Executive Officer	Umalusi, Pretoria	Jan 2009	To date
3 years 4 months	Superintendent General (Head of Department)	Free State Department of Education, Bloemfontein	Sep 2005	Dec 2008
4 years 5 months	Chief Director: Curriculum and Professional Development and Support	Free State Department of Education, Bloemfontein	Apr 2001	Aug 2005
2 years 3 months	Director: Education Institute	Free State Department of Education, Bloemfontein	Jan 1999	Mar 2001
3 years	Chief Education Specialist (Deputy Director Professional) - Examinations	Department of Education, Arts and Culture, Sport and Recreation, Mmabatho North-West Province	Jan 1996	Dec 1998
3 years	Deputy Chief Education Specialist (History)	Free State Department of Education and Culture, Welkom	Jan 1993	Dec 1995
3 years	Head of Department Professional Subjects and Student Affairs	Tshiya College of Education, Qwa Qwa	Jan 1990	Dec 1992
1 year	Senior Lecturer (Student Affairs)	Tshiya College of Education, Qwa Qwa	Jan 1989	Dec 1989
1 year 7 months	Lecturer	Tshiya College of Education, Qwa Qwa	Apr 1987	Dec 1988
3 year 3 months	Teacher	Thokoana-Makaota Senior Secondary School, Qwa Qwa	Jan 1984	Mar 1987
1 year	Teacher	Rearabetswe Senior Secondary School, Odendaalrsrus	Jan 1983	Dec 1983

(v) A submission regarding the long service award for the CEO is recommended internally, but ultimately submitted to the Chairperson of Council for approval.

All remuneration aspects of the CEO as the Accounting Officer are recommended to Council as the Accounting Authority and only paid out with Council’s approval. The cost to company is paid in line with the rates as determined by DPSA. To this end, Council is requested annually to approve all annual cost of living adjustments.

Bonus and performance payments are made on an annual basis in line with the performance management and development policy. The award ranges from 2% to 8% of cost to company, limited by the 1.5% of the total remuneration budget. The scores are moderated by members of the Executive Committee of Council (EXCO) and signed off by the Chairperson of Council.

(vi) Legislation informing the long service award is the Department of Public Service and Administration (DPSA) and Umalusi policies.

Reply:

(1) Yes, since from 17 March 2017.

(2) (a)(b) the FPB conducts benchmarking studies in different jurisdictions and the work on the Online Regulation Policy was a culmination of such studies.

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.

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.

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.

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.

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.

Reply:

a) None of the classrooms have currently been repaired. 10 Schools have been identified for repairs in the 2017/18 financial year.

b) R177 million was made available during November-December 2016. This has been utilised to fund 10 Vuwani/ Malamulela protest damaged schools, and contractors have been appointed. However, due to the intermittent unrest that have been going on in the area, no progress has been registered. The service provider will proceed with the work as soon as the situation is back to normal.

c) Currently security officials have been deployed to the schools affected and fencing has been included into the scope of work that is to be done at the schools.

Reply:

a) 30;

b) All 30 relate to allegations of fraud;

c) 89

Reply:

Since the inception of e-tolls on 3 December 2013, the payments to date amounted to R2.22 billion for full toll operations. It must be noted that this amount cannot be regarded as compensation directly to the toll operator since it includes amounts that are paid via the e-toll operator to other service providers that provide direct services in terms of the project. Most notably are the following services:

Safety and Security Services	R 19.02m
Insurance of buildings	R 11.72m
Utilities (water, power, property taxes, telecoms), kiosk rental	R 138.49m
e-tags procurement from 3rd parties	R 130.56m
Invoice printing and posting	R 225.30m
SMS's	R 3.72m
	R 528.81m

Excluding the above payments to other service providers (e.g. municipalities, telco’s, e-tags, Post Office, security and insurance companies), the payments made to the toll operator amount to R1.69 billion over a period of 42 months (Dec 2013 to May 2017). From these payments the operator:

• pays salaries (approximately 1000 people);
• performs system maintenance (toll gantries and all other hardware and software), electrical and building maintenance;
• pays software licenses;
• processes toll transactions;
• generates invoices; and
• operates customer service centres, the call centre, violator processing centre etc.

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.

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.

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.

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.

Reply:

The Eastern Cape Department of Roads and Public Works has read the judgement and instructed the State Attorney to appeal components of the judgement. In terms of the process, the Department filed an Application for leave to appeal the judgement. The matter was heard on the 19th May 2017 in the Grahamstown High Court, which reserved its judgement. The Department is therefore still awaiting the judgement of the Court.

Reply:

(a)(b)(i)(ii)(aa)(bb)(cc)(dd)(ee)(ff)

The Department and the Entities reporting to the Minister did not procure any services from and/or made any payments to the Decolonisation Foundation.

Reply:

The Department has refurbished and equipped the West End Psychiatric Hospital state patients unit in the 2016/17 financial year.

(a) A vacated 36 bed ward at West End Hospital has been completely upgraded to make it suitable for involuntary male health patients. The male involuntary patients were transferred from the secure ward adjacent to the existing State Patient Ward. This vacated ward is also suitable for State Patients which allowed rapid transfer in early May of 21 State Patients from Kimberley Correctional Services.

(b) The ward is fully and appropriately equipped for State Patients.

END.

Reply:

a) The Department of Communications (DoC) spent R958 689.84 on a business briefing held on 26 May 2016 which was organised by the newspaper in question.

b) The entities in the DoC portfolio did not spend on promotional events organised by the newspaper in question since 1 May 2014.

Reply:

No, neither the National Department of Health nor any of the public entities reporting to the Ministry of Health procured any services from the Decolonisation Foundation.

END.

Reply:

(1) The person has resigned from the FPB.

(a) The person resigned on 8 April 2017 and is currently handing over and concluding projects relating to the Annual Report.

(b) The resignation was due to professional reasons.

(2) No.

(3) No. (a) She used to serve on the MDDA Board. (b) Yes. (c) payment for serves rendered are made in terms of the revenant prescript.

(4) Yes, the person has been shortlisted to serve on the Council of ICASA and recommended by the National Assembly.

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.

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.

Reply:

The Minister of Finance has not been informed of any adjustment to the powers and functions of any (a) Local or (b) District municipality in terms of section 85(9A)(b) of the Local Government: Municipal Structures Act, Act 117 of 1998, as amended, before December 2015. (i) not applicable (ii) not applicable (iii) not applicable