Questions and Replies

Reply:

1. The Chief Executive Officer of Umalusi signed a performance agreement as follows for the years in question:

	09/10	10/11	11/12	12/13	13/14	14/15	15/16	16/17
(a) Signed performance agreement	Yes	Yes	Yes	Yes	Yes	Yes	Yes	Yes

(b) The Performance agreement for 1 April 2016 to 31 March 2017, has the following Key Result Areas (KRAs) with a weighting of 80%:

Objective(KRA)	Output
1.Provide strategic direction and leadership	Umalusi’s strategic direction and priorities identified and proactively pursued.
2. Oversee continued development and improvement of a comprehensive quality assurance programme for the general and further education sector	Conceptual leadership in respect of the quality assurance mandate of Umalusi provided. Policy development directed.
3. Assume accountability for the overall performance of the organisation; and ensure effective and efficient governance.	Plans directed and performance monitored and reported on. Corporate governance ensured. Financial status and resources utilisation and development directed and accounted for.
4. Maintain and enhance the position and profile of Umalusi nationally and internationally	Relationships and networks in education and quality assurance are developed and maintained locally and internationally Umalusi’s positions are promoted through effective communication and PR strategies.

The Performance agreement has the following Core Management Criteria with a weighting of 20%:

Criteria	Description
1. Strategic capabilities and leadership	Provides a vision, sets the direction for the organisation and inspires others to deliver on the organisational mandate.
2. Financial Management	Ensures that the organisation complies with the Public Finance Management Act (PFMA) and ensures the achievement of strategic organisational objectives.
3. Change management	Initiates, supports and champions organisational transformation and change in order to successfully implement new initiatives and deliver on service delivery commitments.
4. Problem solving and analysis	Systematically identifies, analyses and resolves existing and anticipated problems in order to reach optimum solutions in a timely manner.
5. People management and empowerment	Manages and encourages people, optimizes their outputs and effectively manages relationships in order to achieve organisational goals.

2. The Chief Executive Officer of Umalusi did receive a performance bonus for the 2015/2016 financial year. The bonus has been paid out in the 2016/2017 financial year. It will also reflect in the Annual Report.

The amount is R173 662.45

Reply:

1. Yes, the outstanding information has been received from the SACE. The SACE has provided the DBE with the following information:

(a)(aa)Total number of disciplinary hearings conducted and finalised 2012/13

Province	KZN	N. Cape	E. Cape	Limpopo	MP	NW	GP	FS	WC	TOTAL
	6	_	2	2	3	2	4	2	_	21

(i) & (ii) Sexual abuse and Violence or corporal punishment cases per Province 2013/14

Province	KZN	N. Cape	E. Cape	Limpopo	MP	NW	GP	FS	WC	TOTAL
Sexual Abuse	24	01	16	05	05	06	17	10	19	104
Violence	24	-	02	08	29	07	14	04	115	182

(bb)Total number of disciplinary hearings conducted and finalised 2013/14

Province	KZN	N. Cape	E. Cape	Limpopo	MP	NW	GP	FS	WC	TOTAL
	10	-	3	1	9	2	8	15	9	57

(i) & (ii) Sexual abuse and Violence or corporal punishment cases per Province 2013/14

Province	KZN	N. Cape	E. Cape	Limpopo	MP	NW	GP	FS	WC	TOTAL
Sexual Abuse	6	_	2	2	3	2	4	2	_	21
Violence	15	01	11	08	04	04	21	04	188	209

(cc) Total number of disciplinary hearings conducted and finalised 2014/15

Province	KZN	N. Cape	E. Cape	Limpopo	MP	NW	GP	FS	WC	TOTAL
	11	-	5	8	10	7	10	12	6	69

(i) & (ii) Sexual abuse and Violence or corporal punishment cases per Province 2014/15

Province	KZN	N. Cape	E. Cape	Limpopo	MP	NW	GP	FS	WC	TOTAL
Sexual Abuse	23	02	06	06	09	05	22	10	11
Violence	25	03	08	10	08	07	22	05	165

(b) Cases are categorised per province and not per district.

(2) The SACE has provided the DBE with the following information:

    a) Total number of misconduct cases reported to SACE for the periods:

     (i) 2011/12                      525

  b) 

(i) Fraudulent qualifications, Financial mismanagement and Theft	56
(ii) Sexual misconduct	126
(iii) Physical assault	174

 (ii) 2012/13                               556

(b)

(i) Fraudulent qualifications, Financial mismanagement and Theft	65
(ii) Sexual misconduct	104
(iii) Physical assault	182

 (iii)  2013/14                600

(b)

(i) Fraudulent qualifications, Financial mismanagement and Theft	42
(ii) Sexual misconduct	82
(iii) Physical assault	209

  (iv) 2014/15                    572

(b)

(i) Fraudulent qualifications, Financial mismanagement and Theft	34
(ii) Sexual misconduct	88
(iii) Physical assault	252

(v) 2015/16                              593

(b)

(i) Fraudulent qualifications, Financial mismanagement and Theft	40
(ii) Sexual misconduct	97
(iii) Physical assault	267

Please be advised that cases of fraud, financial misconduct and theft have always been captured in the same column and not as fraudulent qualifications alone.

Only since April 2016 is fraudulent qualifications being captured separately for ease of identification and reference.

Reply:

The following legislative framework is applicable:

• The Constitution of the Republic of South Africa, 1996 (hereinafter, "the Constitution").
• The South African Schools Act, 84 of 1996 (hereinafter, "SASA").
• The Admission Policy for Ordinary Public Schools (hereinafter, "the Admission Policy"), which was published in terms of section 3(4) of the National Education Policy Act, 27 of 1996 (hereinafter, "the NEPA").
• The Immigration Act, 13 of 2002.
• The Refugees Act, 130 of 1998.

 

The Constitution

Chapter 2 of the Constitution guarantees certain fundamental rights for everyone in the Country. One of them is the right to a basic education, and various pieces of legislation strengthen this right.

The South African Schools Act (SASA)

The SASA defines a learner as any person receiving education or who is obliged to receive education in terms of the SASA. The definition of a parent in terms of the SASA includes the biological or adoptive parent or legal guardian of a learner or the person legally entitled to the custody of a learner, as well as the person who undertakes to fulfil the obligations of the above-mentioned persons towards the learner’s school education.

The SASA also obliges every parent of a child of a prescribed age to ensure that such a child goes to school – section 3(1). Most significantly, the SASA makes it compulsory for any public school to admit learners and to serve their education requirements without unfairly discriminating against them in any way.

The SASA does not distinguish between citizens of the Republic and foreign nationals.

Admission Policy

Although the SASA makes no distinction between citizens and non-citizens, the Admission Policy does make provision for learners who are not citizens of the Republic and whose parents are in possession of a permit for temporary or permanent residence issued by the Department of Home Affairs (DHA). It also provides that persons classified as illegal aliens must, when they apply for school admission for their children or for themselves, show evidence that they have applied to the DHA to legalise their stay in the country.

This means that, when applying for admission to a public school, the parents of a non-citizen learner must present the documents stipulated in paragraphs 14 to 18 of the Admission Policy, as well as the documentation stipulated in paragraphs 19 to 21.

The Immigration Act

Learners (school-going children) who intend to study in the Republic for longer than three months must apply for a study permit. A study permit is issued on certain conditions, as stipulated in the Immigration Act.

The Director-General of the Department of Home Affairs (DHA) issues a study permit only if he or she is satisfied that the proposed institution of learning 

• Has been approved and is in good standing with the Director-General of the DHA;
• Certifies that it has received guarantees to its satisfaction that such foreigner’s tuition fees will be paid;
• Received the prescribed guarantees that such foreigner will have sufficient means to support himself or herself while in the Republic;
• In the case of a minor, provides the name of the person in South Africa who is, or has accepted to act as, such minor’s guardian while in the Republic;
• Undertakes to provide prescribed periodic certification that such foreigner is satisfactorily performing his/her curriculum of study; and
• Undertakes to notify the Director-General when such foreigner has completed his/her studies or is no longer performing them satisfactorily.

The Refugees Act

The Refugees Act provides for the manner in which asylum seekers should be received in the Republic and regulates applications for, and the recognition of, refugee status in the Republic.

Refugee status is granted to a person who, owing to a well-founded fear of being persecuted by reason of his or her race, gender, tribe, religion, nationality, political opinion or membership of a particular social group, is outside the country of his or her nationality and is unable or unwilling to avail himself or herself of the protection of that country, or, not having a nationality and being outside the country of his or her former habitual residence is unable or, owing to such fear, unwilling to return to it.

Before a foreign national is formally recognised as falling within any of these categories, he or she is treated as an asylum seeker and is allowed to enter the Republic and to stay here temporarily, pending the outcome of the application to be accorded refugee status. Such an applicant receives an asylum seeker permit from a refugee reception officer, and this allows the applicant to stay in the Republic, pending the determination of his or her refugee status.

Once refugee status has been granted, an asylum seeker is a recognised refugee and, as is the case with permanent residents, a refugee is entitled to apply for an identity document and enjoys most of the rights of citizens, such as education and health care services. A person's refugee status remains valid until it ceases in terms of the provisions of the Refugees Act.

a) In terms of writing the matric examination, the Council of Education Ministers (CEM), has taken a decision that foreign learners that have been in the system, but do not have the appropriate documentation to register for the NSC examination, should be allowed to register provisionally, and on condition that they will not receive their results, until the appropriate documentation is provided.

b) Children are not allowed to open bank accounts and may only do so when they reach the age of majority (18)

c) Most children in general do not contribute to the economy as they only start working once they finish their school career.

Reply:

(a); (b); (c) and (d)

The above mentioned provinces experienced delays in allocation of projects and procurement processes for implementation in the current financial year’s programme. It should, however, be noted that expenditure on maintenance has improved significantly subsequent to the said presentation.

Reply:

As at the date of this response there are no plans for Eskom to request additional financial support from National Treasury

Remarks: Reply: Approved / Not Approved

Mr. Mogokare Richard Seleke Ms. Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Reply:

a) The 9th African Union Gender Pre-Summit on ‘Harnessing the demographic dividend through investments in the youth by empowering young people, especially young women for leadership and civic participation.

b) Ms Ingrid Mohai – Parliamentary Officer

    Ms Lumka Oliphant – Chief Director: Communications

c) Social Development covered costs for transport, accommodation, flights and S&T advance.

Reply:

1. (a) Yes,

(b) Yes

(i) 1 case

(ii) The officials are guided by national and International legislation in the execution of their duties. If and when is required officials will take longer to ensure compliance in all instances.

(iii) The Department complies with the Children’s Act 38 of 2005 and The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption with regard to children and families taking into account the Subsidiarity principle. According to The Hague Convention each State should take, as a matter of priority, appropriate measures to enable the child to remain in the care of his or her family of origin.

2. (a) No, the department’s employees did not refuse to accept the legal validity and status of a court orders terminating the rights of biological parents. The officials followed the guidelines and are obliged to ensure that the subsidiarity principle is adhered to. The department reserves the right to question any decision of any party in the context for the fulfillment and the realization of all Children’s rights.

(b) The department remains committed to the implementation of the Hague Convention on Protection of Children in Respect of Intercountry Adoption.

(c) The department remains committed to the implementation of The Hague Convention on Intercountry adoption, including the protection of the rights of all parties concerned including those of biological parents.

Reply:

1. 

(i) The Ministerial Advisory Committee recommended the establishment of 6 workstreams. To date, three (3) work streams leaders have been appointed to ensure the effective takeover of the payment of social grants by the SA Social Security Agency,

(ii) (aa) & (bb) Mr Tim Sukazi, Mr Patrick Monyeki and Ms Tangkiso Pakkies.

Mr Tim Sukazi qualifications are: B. Proc, LLB and LLM (Commercial Law).

Mr Patrick Monyeki qualifications are: BSC, Higher Education Diploma, BSC Honours and MBA.

Ms Tangkiso Pakkies qualifications are: Bachelor of Arts; Bachelor of Social Sciences (Honours in Sociology), and Post Graduate Diploma in Human Resource Management.

Ms Dumisile Ndlovu: Human Resource management (Internal SASSA official responsible for Corporate Services)

Communication and change management team is supported by Mr Sgwili Gumede and the internal SASSA staff.

(iii) Mr Tim Sukazi: Legislative and Policy Requirements Management. Ms Tangkiso Pakkies: Benefits and Local Economic Development. Mr Patrick Monyeki: Business information, Banking Services and Project Management.

(iv) SASSA procured the services of these work stream leads through their companies therefor the agency has no knowledge what their respective companies are paying them:

• Patrick Monyeki (Rangewave) = R 35 879 645.01
• Tim Sukazi (Tim Sukazi inc)= R7 620 227.40
• Tangkiso Parkies = R4 381 726.00

The budget(s) for services rendered by the work stream has been sourced from the retained surplus budget;

2. (a) and (b) The services required were not advertised. The services were procured through a supply chain management deviation in terms of Section 16 (A) of the Treasury Regulations. The nature of the service and deliverables required dictated a need for retainment of collective knowledge and institutional memory of the key members from the Ministerial Advisory Committee discharged in December 2014.

Reply:

a) An investigation was instituted by the Risk Management Section of the Eastern Cape Department of Education. A report was tabled to both the Senior Management of the Department and the Portfolio Committee. The Labour Relations Section of the Eastern Cape Department of Education appointed an independent tribunal to craft charges and adjudicate on the matter. This process is underway. However, the following interim measures have been put in place to restore normality at the school, while the investigation is underway:

b) (i). An Administrator, Dr Ray Mkhatshwa, has been appointed and has made good progress in restoring normality at the school. An extension to his term of office was approved to June 2017, pending the finalisation of the investigation.

The School Governing Body that was removed by the school principal has been reinstated and trained to work with the Administrator.

(ii). Funds for National School Nutrition Programme (NSNP) to the value of R110, 000.00 have already been deposited, in 2017, to the school’s account and feeding is running smoothly.

10% cash allowance is scheduled to be transferred into the school account in May 2017, once the budget for 2017/18 budget becomes accessible.

Other Norms and Standards for Funding allocations will be transferred to the school account once the school has submitted accountability reports.

Reply:

1. (a) Yes, (b) the department has made the list (National Catalogues) public, for any institution to develop and sell the material in collaboration with the copyright owner, in this case the publishers. (i) The catalogue is for both the Braille and (ii) large print material. (aa), (bb), (cc) and (dd) Since 2012/13, the National Catalogue for learners with Visual Impairment was developed for all grades, listing one title per subject per grade, and sent to provinces. This catalogues was developed in conjunction with the 22 Special schools for both the Large Print and Braille. These catalogues are still in use to date. Provinces were advised to facilitate the procurement of Braille as well as Large Print material listed in the national catalogues directly from Pioneer Printers who had already made Master copies available.

2. Provinces have been procuring these materials from Pioneer Printers since the development of the National Catalogues of Braille and Large print textbooks. However, due to the extended time period required for the adaptation of ordinary text and high costs of the Braille master copies, the full range of textbooks have not as yet been procured. Provinces have been gradually procuring the Master copies of these materials from Pioneer Printers.

The orders were placed by provinces and schools directly with Pioneer Printers and deliveries have taken place to (a) schools for the blind and (b) full-service schools that have notified the respective provincial department of visually impaired learners at the schools.

According to the provincial monitoring report some provinces have funds for procurement of Braille and some provinces do not have the funds.

In addition Grades R-9 Braille workbooks are annually printed and delivered to 22 special schools in the country. This process ensures access to quality education to children who experience barriers to learning.

All Braille workbooks developed are accompanied by Teachers’ Guides. The workbooks have been provided to mainstream schools at a request of such schools. Mathematics and languages workbooks are accompanied with toolkits.

It must be noted that the adaptation process takes a protracted time and has implications on time frames for printing and delivery of Braille workbooks to Special Schools. Provinces and schools have been advised on ICT solutions for Braille onto which textbooks are uploaded. Western Cape and Limpopo provinces have procured such equipment for their schools.

Reply:

The amount allocated to the 2015 round of the Trends in International Maths and Science Study(TIMSS) over a four year period was R12 000 000 for Grade 9 Mathematics and Science and R9 900 000 for Grade 5 Mathematics.

Reply:

No, the Department of Social Development is not aware of schools that request child grant beneficiaries to purchase stationary and uniforms at the beginning of the school year. The Child Support Grant (CSG) is one of many social protection instruments aimed at supporting children. The Department of Basic Education provides schooling and related learner support materials to support the educational needs of children. Where needed, SASSA also provides support to learners with school uniform needs through Social Relief of Distress.

Reply:

1.(a) One (1) Regional Executive Manager

(b) She received threats by staff who are mostly subjected to disciplinary hearings for fraud and agents responsible for defrauding the systems, including what appears to be kingpins.

(c) 3 June 2014 and 17 June 2014

(d) Former Chief Executive Officer Dr Virginia Petersen

2. Yes, the Regional Executive Manager (REM) of KZN and Darius Nysschens (Manager in KZN) did receive death threats.

The report cannot be made available as it will put the lives of the affected officials and their families at risk.

3. (a) R118 333.04 per month inclusive of four protectors and two cars.

(b) SASSA security budget

4. The services provider is contracted on ad-hoc basis and will end when the threat to the REM and the manager has ceased

Reply:

1. Yes.

(a) Currently there is one (1) outstanding case.

(b) Wandisa Adoption Agency

(c) The child is 4 years 6 months old

(d) The request was submitted on 04 July 2016

(e) Yes, the child has special needs

(2) (a) 7 - 14 days

(b) Yes. Written and telephonic reasons are furnished to the relevant party in each case.

(3) No.The issuing of Article 17 by the Central Authority is regulated by The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (28 May 1993), Children’s Act 38 of 2005 Regulations In terms of the Children’s Act and Intercountry Adoption Guidelines.

Reply:

a) The department as the Central Authority on intercountry adoption, does not delay in issuing Article 17 for prospective adoptive parents who have been matched with children from foreign countries to be adopted by South Africans

b) The department as the Central Authority on intercountry adoption ensures that all avenues in placing the child nationally are exhausted before intercountry adoption can be considered taking into consideration the best interest of the child.

Reply:

13 official international trips were made in the past five (5) years.

a) Destinations:

2012/13 Benin and Dar Es Salaam;

2013/14 Kenya and Ghana;

2014/15 Ghana, Canada and Namibia;

2015/16 Namibia, Ontario Teaching Council (Canada), and Zambia; and

2016/17 Ireland and Lesotho.

 

b) Purpose of the trip:

2012/13 Africa Forum of Teaching Regulatory Authorities (AFTRA);

2013/14 AFTRA;

2014/15 AFTRA/ International Forum of Teaching Regulatory Authorities (IFTRA);

2015/16 AFTRA/IRTIR and Conference; and

2016/17 AFTRA/IFTRA.

 

c) Cost of flights

2012/13 Benin R32 840; and

Dar Es Salaam R6 457.

2013/14 Kenya R15 145.53;

Ghana R29 523;

2014/15 Ghana R15 371.20;

Canada R33 102; and

Namibia R6 060.06;

2015/16 Namibia R6 777.72;

Ontario Teaching Council (Canada) R32 506.72;

Zambia R6500.96; and

Ireland and Lesotho R10 087.72.

2016/17 Ireland R20 470.23; and

Lesotho R5 304.23.

 

d) Cost of accommodation

2012/13 Benin R3 609.65; and

Dar Es Salaam R22 126.46.

2013/14 Kenya R17 124.00;

Ghana R26 307.47; and

2014/15 Ghana R16 932.00;

Canada R57 308.95; and

Namibia R8 412.37.

2015/16 Namibia R10 910.35;

Ontario Teaching Council (Canada) R57 726.35.

Zambia R46 216.71; and

Ireland and Lesotho R9 168.49.

2016/17 Ireland R38 315.00; and

Lesotho R3 404.00.

 

e) Car rental none

 

f) Subsistence costs

2012/13 Benin €356; and

Dar Es Salaam $774.

2013/14 Kenya $452; and

Ghana $516.

2014/15 Ghana $903;

Canada $1 503; and

Namibia R3 800.

2015/16 Namibia R5 700;

Ontario Teaching Council (Canada) € 984;

Zambia $595; and

Ireland and Lesotho $357.

2016/17 Ireland €834; and

Lesotho R2 250.

Reply:

(1) (a) (i) and (ii).The total number of students that will be funded is not yet quantified. Universities are still processing and verifying applicants’ information. Universities will be expected to verify the number of qualifying students and claims before submission to the Department on 31 July 2017.

(b) The Department after consultation with the Finance Executives Forum task team appointed by Universities South Africa (USAf), as well as university Registrars and Finance Executives, developed a process roadmap for the identification and verification of the “missing middle” student cohort that would qualify for funding, provided they applied. The Department and universities reached an agreement on the eligibility criteria, a framework to identify missing middle students and principles for a verification and appeals process. The Department submitted an agreed-upon application and consent form to all universities on 15 December 2016 for implementation. Grant applicants have to submit their forms to their respective universities.

(c) A total of R2.460 billion has been set aside in the 2017/18 financial year to fund the estimated increase in university fees of up to 8% for all students from families with a combined annual household income below R600 000. This covers the increase for National Student Financial Aid Scheme (NSFAS) qualifying students, as well as an estimated number of “missing middle” students that are expected to apply for the grant. The funds were reprioritised from the National Skills Fund. To assist universities with cash flows until 31 March 2017, upfront payments to universities amounting to R1.045 billion were transferred in three equal amounts between February 2017 and March 2017. The balance of the allocation will be paid to universities once the process of verifying the “missing middle” students who have applied for the grant at each university, and quantifying the exact amount required to cover those students who qualify for the grant, has been finalised and officially communicated to the Department. The fee adjustment must be shown as a separate credit entry on the financial statement of each eligible student after completion of this process. The final amounts claimed will be subject to an audit as part of the 2017 annual reporting and Higher Education Management Information System (HEMIS) auditing process.

(2) (a) No tender was advertised by the Department, as each university is responsible for the appointment of their own service providers to manage the process of verifying applicants at their institution, and submitting their claim to the Department.

(b) Not applicable.

(c) Not applicable.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 605 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Umalusi Council is a statutory body that is formed in accordance with the National Qualifications Framework Act No 67 of 2008 and the General and Further Education and Training Quality Assurance Act No 58 of 2001 and has jurisdiction over external moderators, therefore the question has been referred to Umalusi and the response will be forwarded as soon as it is received.

Reply:

a) What was the total amount that was spent on:

(i) Total amount for local travel in the 2015-16 financial year - R105,410,016.10

(ii) Total amount for international travel by her department in the 2015-16 financial year – R16,142,714.50

(b) what is the breakdown of each trip undertaken in terms of

(i) when the trip took place – information provided in the attached document

(ii) the total number of persons who were part of the delegation – information provided in the attached document

(iii) the cost of flights – information provided in the attached document

(iv) the cost of accommodation, including which hotels were used – information provided in the attached document

(v) the total subsistence and travel allowance approved for each member of each delegation on each trip– information provided in the attached document

(vi) the cost of special vehicles and/or chauffeur driven transport – information provided in the attached document

 

 

Reply:

1. (a)(b)(c)(d)

There were two Provincial Education Departments (PEDs) that were placed under administration in terms of section 100(1)(b) of the Constitution of the Republic of South Africa – the Eastern Cape in 2010 and Limpopo in 2011.

The main reason for placing these two PEDs under administration, was the detected collapse in essential administration functions, including financial management, human resource management – especially the rationalisation of excess teachers and the appointment of teachers where needed - the transfer of funds to schools in terms of the National Norms and Standards for the Funding of Public Schools, the procurement and delivery of learning and teaching support materials (LTSMs), the management of the National School Nutrition Programme (NSNP) and other Conditional Grants, etc.

2. (a)(b)(c)(d)

The administration in terms of section 100(1)(b) in Limpopo was down-graded to section 100(1)(a) of the Constitution, which allows the PED to continue with the implementation of the section 100(1)(b) interventions, as well as recovery programmes identified for the section 100(1)(a) intervention. The Minister still oversees the roll-out of the section 100(1)(a) intervention in Limpopo in line with her oversight responsibilities in all PEDs in terms of the National Education Policy Act.

The Limpopo Provincial Treasury also placed the Limpopo Education Department under section 18 of the Public Finance Management Act, for the continued failure of the Limpopo Department of Education to effectively and efficiently manage its appropriated funds. This was in the main, one of the reasons that the section 100(1) (b) intervention was downgraded to section 100(1) (a) intervention.

A different situation prevails in the Eastern Cape. In its defence against South African Democratic Teachers Union (SADTU), the Eastern Cape Education Department argued in the Eastern Cape High Court that the section 100(1)(b) intervention had lapsed. They based their argument on the timeframe that was stipulated in a Memorandum of Understanding signed by the Minister on behalf of the National Executive and the Members of Executive Council (MEC) for Education in the Eastern Cape on behalf of the Provincial Executive. The High Court agreed with the Eastern Cape Education Department on the basis of facts presented to it. The Minister was not joined in the Application.

Reply:

CY	FLIGHT TYPE CODE	ARRIVAL Passengers	DEPARTURE Passengers	TOTAL Passengers	TOTAL Passengers
2014	Domestic	11 912 205	11 945 260	23 857 465	35 296 866
	International	5 157 363	5 210 205	10 367 568
	Regional	537 540	534 293	1 071 833
2015	Domestic	13 066 368	13 094 665	26 161 033	37 750 447
	International	5 225 445	5 288 053	10 513 498
	Regional	539 729	536 187	1 075 916
2016	Domestic	13 762 375	13 781 577	27 543 952	39 787 939
	International	5 506 282	5 597 132	11 103 414
	Regional	570 633	569 940	1 140 573

Reply:

Part (a) of the question:

i) Inventory of all aircraft owned by SA Express

Bombardier Aircraft Type	Quantity Aircraft	Capacity - Seats	Ownership	Average Fleet Age - Years
Q400	10	74	Operating Lease	6.5
CRJ200	6	50	Operating Lease	18
CRJ200	4	50	SA Express Owned	18
CRJ700	2	70	Operating Lease	12ii

ii) All aircraft grounded and the reason for the aircraft being grounded. Status as at January 2017:

• Qty 3, Bombardier CRJ200 – Engines and APU require overhaul.
• Qty 1, Bombardier Q400 – Fuel defect.
• Qty 1, Bombardier Q400 – Engine repair and Nose landing gear overhaul required.
• Austerity measures resulted in restricted funding impacting the fleet (engine overhauls).

iii) The period that each aircraft has been grounded:

Aircraft	Out Of Service date	Out of service days
Aircraft Grounded
ZS-NMC (200)	16-Dec-15	455
ZS-NMD (200)	10-Mar-15	358
ZS-YBT (Q400)	25-Jan-16	415
ZS-NMS (Q400)	5-Jul-16	253
Scheduled Maintenance
ZS-NME (200)	7-Oct-16	159

iv) The expected cost to get the grounded aircraft operational

• Engines requiring overhaul typically $1 500 000 per engine. Leasing options have however been exercised.
• APU overhaul typically $220 000 per APU
• Q400 Nose Landing gears supply typically $100 000 per NLG
• Cost to get aircraft operational approx. was $11 668 000. Options of leasing engines have been adopted in late 2016/2017 to save cost. This reduced the amount to $6 508 000
• The above excludes monthly cost to service specified component exchange and Q400 engine support agreements. This amounts to approx.$600 000 per month

Status as at 14 March 2017:

• • NMD Returned to service,
  • YBT in final stages of Return to Service
  • The cost to return the remaining aircraft (NMC, NMS) to service is $2 049 000

Part (b) of the question

Annexure B Attached                      

 

Mogokare Richard Seleke Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Reply:

1. (a) The total number of lecturers appointed on PERSAL is 10 098 of which 8 504 are permanent and 879 are on contract. No part-time lecturers are appointed on PERSAL.

(b) The total number of management staff appointed on PERSAL is as follows:

- Core (Curriculum): 715

- Support: 404

The information on College paid employees is not available from Human Resources Management as these employees are appointed on the College’s payroll.

2. Not applicable.

 

CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 597 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

As at the end of the 2015/16 financial year, i.e. 31 March 2016, 258 employees (permanent and contract) were employed by the National Student Financial Aid Scheme (NSFAS).

The NSFAS staff headcount as at 22 March 2017 was 409 employees, of which 130 are seasonal contract workers specifically employed for purposes of the 2017 academic year application processes, in operations and the contact centre.

COMPILER/CONTACT PERSONS:

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DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 608 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. (a) The minimum requirements to qualify as examiners and moderators are furnished in Chapter 4, Clause 4.4 (4.4.3 (c) (i – x) of the policy on the conduct of Technical and Vocational Education and Training (TVET) examinations Government Gazette No. 22760 of 26 October 2001. On page 22 of the above-mentioned policy document, the following requirements are stated:

• A recognised three-year post matric qualification that should include the subject concerned at second- or third-year level;
• Preference should be given to serving school- and college-based educators;
• Experience as a Marker, Examiner or Moderator;
• Experience in subject committee work and/or contributions towards curriculum development;
• Motivation by the Principal or Management Forum of the college; and
• Appropriate teaching experience, including teaching experience at the appropriate level, in the subject concerned.

(b) (i) The total number of examiners appointed for the November 2016 examinations are as follows:

• NC (V): 296 examiners
• NATED/Report 191: 183 examiners

(ii) The total number of markers appointed for the November 2016 examinations are as follows:

• NC (V): 1 091 markers
• NATED/Report 191: 5 158 markers.

(c) NC(V) Examiners: 290 Examiners have been paid. The remaining 6 examiners did not submit claim forms for payment.

NATED/Report 191 Examiners: All the claims have been processed and payment is being effected.

NC(V) Markers: All markers have been paid.

NATED/Report 191 Markers: 5 238 Claims have been paid and 21 claims are still being processed because relevant documentation was outstanding and have since been submitted. The remaining 21 claims will be processed for payment by 24 March 2017. The reason for the number of claims exceeding the number of markers is because a marker is allowed to mark more than one question paper.

2. When the Department did not receive sufficient qualifying applications, it re-advertised all the positions of examiners and moderators for the 2016/17 cycle. The process of appointment is determined by the Department of Public Service and Administration. The examiners and moderators were trained on the processes and procedures of setting quality question papers and marking guidelines. The training also included the use of the four elements of item demand, i.e. content, expected responses, stimulus and task, which are used to generate high quality questions. It is this ongoing training that ensures examiners and moderators are well capacitated.

Appointed markers undergo vigorous training prior to marking. The following procedures are followed:

• Markers are required to arrive at the marking session with their own answered marking guideline.
• Each marker within the panel is required to do pre-marking of scripts for their respective subject.
• The official marking guideline is discussed under the leadership of the Internal Moderator.
• Amendments, corrections and additions to the marking guideline are made during this marking guideline discussion.
• The markers mark 3 dummy scripts to test the validity of the amended marking guideline, which requires accuracy and precision.

This rigorous training ensures that markers shortcomings are identified so that markers are allocated questions according to their strengths demonstrated during the training. In addition, the moderation of the marked scripts contributes immensely to the empowerment of markers as markers are constantly provided with feedback on the accuracy of their marking. Most of the markers appointed per examination cycle are highly experienced as they have gone through this training several times and understand what it takes to achieve reliable and valid scores in this process.

3. All examiners who rendered services and submitted correctly completed claim forms in the previous examination cycle have been paid.

All marking claims for November 2016 examination cycle have been processed for payment.

COMPILER/CONTACT PERSONS:

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DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 595 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. The Policy on Professional Qualifications for Lecturers in Technical and Vocational Education and Training (TVET) provides a set of qualifications for TVET college lecturers that are aligned to the Higher Education Qualifications Sub-Framework, to be offered by universities. Universities are in the process and being supported to develop and offer the qualifications. Once the qualifications have been developed, it must be submitted to the Department for compliance evaluation with the policy, thereafter sent to the Council on Higher Education for accreditation. Thus far, one qualification has received accreditation and the University of the Western Cape is offering the Postgraduate Diploma in Technical and Vocational Teaching for the first time in 2017. It should be noted that the Department only took over the employment of lecturers from 1 April 2015 from colleges. Further, the Department is engaging with the Department of Public Service and Administration to provide for occupational specific conditions of service for lecturers as they were transferred into public service posts and not into educator posts.

Furthermore, the matter of minimum qualifications for lecturers is a matter of mutual interest with Unions and due to the change of status of lecturers to public service employees, the specific bargaining chamber needs to be established through Labour Relations and Public Service legislation.

The table below shows the qualifications that are being developed by specific universities.

UNIVERSITY	TVET PROGRAMMES
1. Cape Peninsula University of Technology	Advanced Diploma in Technical and Vocational Teaching
2. Central University of Technology	Advanced Diploma in Technical and Vocational Teaching
3. Durban University of Technology	Advanced Diploma in Technical and Vocational Teaching
4. Nelson Mandela Metropolitan University	Advanced Diploma in Technical and Vocational Teaching
5. Tshwane University of Technology	Bachelor of Education in Technical and Vocational Teaching and Advanced Diploma in Technical and Vocational Teaching
6. University of Fort Hare	Advanced Diploma in Technical and Vocational Teaching
7. University of Free State	Diploma in Technical and Vocational Teaching and Bachelor of Education in Technical and Vocational Teaching
8. University of Johannesburg	Advanced Diploma in Technical and Vocational Teaching
9. University of Pretoria	Advanced Diploma in Technical and Vocational Teaching
10. University of the Western Cape	Postgraduate Diploma in Technical and Vocational Education
11. University of the Witwatersrand	Advanced Diploma in Technical and Vocational Teaching
12. Vaal University of Technology	Advanced Diploma in Technical and Vocational Teaching
13. Walter Sisulu University	Advanced Diploma in Technical and Vocational Teaching
14. University of KwaZulu-Natal	Advanced Diploma in Technical and Vocational Teaching

2. (a) The Department did not employ any lecturers in the 2014/15 financial year as they were still under the employ of colleges. Lecturers were transferred from colleges to the Department on 1 April 2015.

(b) Due to lecturers being employed in terms of the Public Service Act, there are no measures for the employment of lecturers, however priority is given in the recruitment process to ensure that qualified lecturers are employed in terms of the Policy on Professional Qualifications for Lecturers in Technical and Vocational Education and Training.

In 2014, the Department conducted a profile survey on TVET lecturer qualifications in which over 7 000 lecturers participated. Just under 7% of the lecturers were found to be unqualified as prescribed by the policy. However, College Councils employed most of these lecturers because of the scarce skills in certain subjects offered at TVET colleges. Most of these being artisan lecturers.

The Department is further in the process of conducting a detailed survey of lecturer qualifications and competencies in order to develop a comprehensive plan of lecturer development and support going forward. The survey will be completed and analysed by June 2017. It is important to point out that notwithstanding the outcome of the survey, the Department will have to secure funds to ensure that lecturers are upgraded to the minimum required level if they are not fully qualified.

It is acknowledged that colleges are not always able to recruit ideal lecturers for teaching in specific subjects and programmes. Some appointees may lack the professional qualifications but have the requisite technical or academic knowledge. In such instances, colleges are required to support lecturers to fill their professional gaps and/or competencies, in terms of the Individual Lecturer Professional Development Plans, which colleges are required to develop per lecturer, since 2016. Development and training may be undertaken either through formal part/full qualifications, or through professionally directed training. Workplace based experience, where necessary, constitutes part of such training.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR-GENERAL

STATUS:

DATE:

QUESTION 599 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(a)(b)(c)(d)(i)(ii) The information that is required is not readily available. Each case must be verified before the information can be submitted. An extension of three weeks is hereby requested, in order for us to provide quality and correct information.

Reply:

The Draft Amended Policy on the Funding of Public Universities, November 2015 and the Revised Funding Framework: The Allocation of Government Grants to Public Higher Education Institutions, November 2015 were developed and submitted to me for approval to publish for public comment. Given the concerns in the system around student and university funding at the time, I made a decision that the drafts should be tabled at Cabinet before being released.

The draft documents were tabled in Cabinet on 22 November 2016. Cabinet advised that since the documents dealt with operational matters within the sector, specifically changes to the way in which the funds already within the system would be distributed to institutions, that it would not be necessary to publish them in a Gazette for public comment. Cabinet advised that the Department should consult directly and fully with the university sector on the policy and framework.

Consultation and engagements are scheduled to commence in April 2017. The full draft documents are currently being shared with the sector through Universities South Africa (USAf). Based on engagements, a final draft incorporating sector inputs will be developed and agreed upon in collaboration with USAf. The final draft will be aligned with any relevant decisions emanating from the Report of the Presidential Commission on Higher Education and Training, currently underway. The final draft documents will be submitted to the Council on Higher Education (CHE) for advice. Once the advice is received, the amended policy and revised funding framework will be submitted to me for approval and publication as the final Policy in the Government Gazette. The target date to finalise this process is the end of December 2017.

COMPILER/CONTACT PERSONS:

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DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 609 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(1) (a) Ingwe Technical and Vocational Education and Training (TVET) College does not have a permanently appointed Principal. The Principal was charged for misconduct and found guilty with a sanction of a dismissal. The post cannot be advertised at this stage, as the incumbent has referred the matter to the General Public Service Sectoral Bargaining Council on the grounds of unfair dismissal.

(b) The Principal of Vuselela TVET College in the North West Province is currently on short-term ill health incapacity leave. An acting Principal has been appointed until 31 August 2017.

(2) (a) Principals at TVET colleges are appointed permanently and not on fixed-term contracts.

1. Not applicable.
2. Not applicable.

(b) Not applicable.

(3) Not applicable.

(4) The Department can only advertise a post once it has been vacated. When a Principal vacates a post, the Department appoints an acting Principal whilst recruitment and selection processes are in progress.

COMPILER/CONTACT PERSONS:

Extension:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 600 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Airports Company South Africa SOC Limited (ACSA)

The latest Integrated Report 2016 is available on the website.

Air Traffic and Navigation Services SOC Limited (ATNS)

1. The latest Annual Report 2015 is available on the website, the reports are also achieved from 2010- 2014.
2. The 2016 Annual Report will be available as soon as it is tabled in Parliament.

South African Civil Aviation Authority (SACAA)

(a) The latest annual report of the South African Civil Aviation Authority (SACAA), i.e. for the 2015/2016 financial year, is available online via the organisation’s website. Each year, and without fail, the SACAA ensures that its annual report is available online via its website immediately on receipt of confirmation that the annual report has been tabled in Parliament.

Cross-Border Road Transport Agency

1. The Cross-Border Road Transport Agency has the latest annual report available online via the Agency’s website.
2. Not applicable as the latest annual report is available online.

Road Accident Fund

(a) The Road Accident Fund has the latest annual report available online via the Agency’s website.

(b) Not applicable as the latest annual report is available online.

Road Traffic Management Corporation

1. The Road Traffic Management Corporation has the latest annual report available online via the Agency’s website.

(b) Not applicable as the latest annual report is available online.

Road Traffic Infringement Agency

1. The Road Traffic Infringement Agency has the latest annual report available online via the Agency’s website.
2. Not applicable as the latest annual report is available online.

South African National Roads Agency Limited

(a) The South African National Roads Agency Limited has the latest annual report available online via the Agency’s website.

(b) Not applicable as the latest annual report is available online.

Ports Regulator South Africa (PRSA)

1. The previous year’s annual report has not been uploaded on the Ports Regulator’s website as a result or error, however this will be uploaded as soon as possible.
2. The annual report will be loaded before the end of the 2016/17 financial year.

South African Maritime Safety Authority ( SAMSA)

SAMSA publishes its Annual Performance Plan, Strategic Plans and all our Annual Reports on the SAMSA website as required.

Passenger Rail of Agency of South Africa (PRASA)

1. PRASA places its annual reports on its main websites.

Railway Safety Regulator (RSR)

a) The Railway Safety Regulator’s 15/16 Annual Report is available on the entity’s website

b) N/A

Reply:

1.With reference to Question 165 on 7 March 2017 and as indicated in the reply, the only amount of funding that was budgeted for public universities to cover the costs of (a) damage caused by protesting students in the (i) 2015 and (ii) 2016 academic years was an amount of R40.496 million in 2015/16 towards damages at five historically disadvantaged universities, i.e. the Universities of Fort Hare (R8 million), Zululand (R4.5 million), Western Cape (R25.858 million), Walter Sisulu (R351 287) and Limpopo (R1.786 million). Some universities have claimed or are in the process of claiming from their insurance or have used their own funds to cover the cost of damages at their institutions.

2.The agreement reached on a “no fee increase” (0%) in October 2015 between government (represented by the President, Minister of Higher Education and Training and other Cabinet Ministers), universities (represented by the Chairs of University Councils and Vice-Chancellors) and student leaders included, that the funding required to enable the decision would be shared between institutions that could afford to contribute and government. The principle of cost sharing was initially based on an agreement that there would be a 70/30 share for government and universities respectively. Each university was requested to submit the financial implications for a zero percent fee increase in 2016 to Universities South Africa (USAf), who compiled a summary of the financial implications per institution and for the sector as a whole, and submitted it to the Department of Higher Education and Training. Further discussions were held with individual Vice-Chancellors and finance executives, taking into consideration the financial positions and constraints of individual universities across the system as indicated in their audited 2014 annual financial statements, to come to a final agreement on the contribution of government and each institution towards the shortfall in the universities’ budgets created by the decision.

The final amounts agreed upon varied from a 30% university contribution to a 0% contribution. Government contributed a total of 83% of the funds required through reprioritising funds, mostly from the Post-School Education and Training (PSET) system as well as from the fiscus. Government’s contribution of R1.935 billion consisted of funding taken from the Historically Disadvantaged Institutions Development earmarked grant (R362 million), Post Graduate Scholarships (R800 million), Technical and Vocational Education and Training college expansion (R473.38 million) and reprioritised from the fiscus by National Treasury (R300 million).

3. As indicated in (2), the agreement was that the financial implication would be shared between government and universities. Government (83%) and universities (17% on average) shared the financial implication of R2.330 billion required to implement the zero percent fee increase. The details per university are set out in the link below:

https://pmg.org.za/files/RNW715Table-170404.docx

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 715 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

The Department has programmes in place to deal with the reduction of road carnages on R31 road. These programs are anchored around the pillars of United Nations Decade of Action for Road Safety.

There is also improvement visibility of traffic police to ensure safety of all road users in this road.

We have attended to the road shoulders of the R31 to increase its capacity to cater for the heavy vehicle traffic, in particular.

The long term plans are that the additional lanes will be introduced and design life of road be improved.

Reply:

Three Sector Education and Training Authorities (SETAs) are currently under administration as detailed in the table below.

(a) SETA	(b) Date	(c) Reasons
1. Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA)	15 October 2014	Consistently not meeting its predetermined objectives. Serious allegations made against some board members and senior management. Failure to act on the recommendations of a forensic investigation commissioned by the board. Qualified audit opinion from the Auditor-General in the 2013/14 financial year.
2. Wholesale and Retail Sector Education and Training Authority (W&RSETA)	3 October 2016	The SETA’s decision to pull out of the initiative to support the Rural and Township Economies Revitalisation Programme which was meant to contribute to government’s Nine-Point Plan to stimulate rural and township economies, although the programme was part of its service level agreement. Qualified audit opinion from the Auditor-General in the 2014/15 and 2015/16 financial years. Lack of unity, cohesion and cooperation required among the board members of the SETA to exercise their fiduciary duties effectively and efficiently.
3. Safety and Security Services Sector Education and Training Authority (SASSETA)	12 February 2015	Poor governance, which resulted in mismanagement of the Discretionary Fund and serious irregularities in a number of contracts entered into, as well as non-compliance with the Skills Development Act and its prescripts. Non-compliance with the Public Finance Management Act and other related National Treasury requirements. Consistently not meeting its predetermined objectives. Qualified audit opinion from the Auditor-General in the 2011/12 and 2012/13 financial years.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 640 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. (a) The Ministerial Committee was established by the Minister of Higher Education and Training and published in Government Gazette No. 38053 on 3 October 2014. The Committee was inaugurated by the Minister and commenced its work on 5 March 2015. The duration of the project was initially twelve months and it was later extended until 31 March 2017.

(b) The Minister also established a Reference Group on which Technical and Vocational Education and Training (TVET) college Principals are represented by the nominated executive members of the South African College Principals’ Organisation. The Committee has held various consultative meetings with the Reference Group.

(c) The aim of the Ministerial Review Committee is to redesign the funding distribution mechanism including the differentiation between funding requirements of rural and urban colleges. At present, it is not envisaged that the revised funding norms will bring about changes in the total amount allocated for the medium term budget framework for TVET colleges. The report from the Ministerial Review Committee is expected by 31 March 2017 after which a consultative process will be adopted before implementation.

2. Based on the funding shortfall currently experienced by the TVET system (in the region of R10 billion), the envisaged enrolment targets as set in the White Paper for Post-School Education and Training will not be achieved. The Department has therefore indicated to the TVET colleges, the maximum state funded enrolments, which therefore still permits TVET colleges to exceed these numbers if they can afford to enrol higher numbers. However, it will be based on the financial capability of the specific TVET college. The targets for the 2017/18 financial year are as follows:

• State funded enrolments:                                              429 638
• College funded enrolments:                                           235 110
• Occupational programmes (funded from other resources): 45 787

                                                                                      Total 710 535

3. The proposed funding framework, once approved by the Minister, will be published in a Government Gazette for public comment. This will allow all affected stakeholders to make inputs, including proposals on plans to implement the new funding framework. A readiness assessment will be conducted and TVET colleges will be consulted on the development of a national implementation plan.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 596 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

The Department did not (a) cut or (b) reduce any existing higher education programmes in the 2017/18 budget in order to make up the additional funding allocated to (i) student funding and (ii) other new costs in the Department.

Funding was provided through the reprioritisation of Post-School Education and Training funds within the National Skills Fund.

Further details regarding the allocation and distribution thereof will be provided during the tabling of the Department’s budget in the National Assembly and the National Council of Provinces during May 2017.

COMPILER:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 610 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

a) Yes, the Department has actively been undertaking an environment scan using empirical methods to ascertain the needs of the labour market through various mechanisms. The Labour Market Intelligence Project (LMIP), located in the Planning, Policy and Strategy Branch of the Department, is one initiative that was set up in partnership with the Human Sciences Research Council (HSRC), to provide labour market signals to guide education and training in the various institutions under the jurisdiction of the Department. Furthermore, a “List of Occupations in High Demand” was published in Government Gazette No. 37678 on 24 May 2014 by the Department, in which the top 100 high demand occupations were listed. A revised list was published on 19 January 2016 in Government Gazette No. 39604. This list is published every two years.

b) The list referred to above has informed various education and training initiatives in institutions under the Department. With regard to implementation in Technical and Vocational Education and Training (TVET) colleges, most of the mid-level skills and trade occupations on the list are already on offer in colleges in one form or another, namely through:

• Report 191 (NATED) programmes N1 - N6, for example trades in the electrical occupations, as well as welder, fitter and turner, boiler maker, carpenter, automotive motor mechanic, are already on offer.
• National Certificates (Vocational) [NC(V)] programmes which cover 19 vocational fields among which are programmes in mechanical, electrical and civil engineering, mechatronics, finance, transport and logistics, Information Technology (IT) and Computer Science. A Renewable Energies Technologies subject was introduced under the Electrical Engineering and Infrastructure Construction NC(V) programme in January 2015, to meet the requirements for the installation and maintenance of solar and photovoltaic units as part of the skills required to drive energy efficiencies.
• Learnerships are delivered in partnerships between colleges and Sector Education and Training Authorities (SETAs), as well as through some partnerships between colleges and private sector entities and parastatals. The War-on-Leaks project, for example is supported by identified TVET colleges in producing Water Agents and artisans for this national project.

c) Where it was identified as absolutely necessary, the content of certain Report 191 subjects were revised to replace outdated information, such as policies, legislation and practices that are no longer relevant in the workplace. Given the scale of the Report 191 offerings, the revisions are undertaken on a limited basis as these will gradually be phased out and replaced by the newly registered occupational qualifications developed by the Quality Council for Trades and Occupations (QCTO). It is important to note that the shift to delivering large-scale occupational qualifications and part qualifications in TVET colleges will require new and significant funding from all sources – the national fiscus, SETAs, the National Skills Fund, and public and private enterprises, among others to be successful.

Certain outdated curricula in the Report 191 programmes are managed through the examinations process, whereby examiners do not examine irrelevant aspects of the curriculum, and lecturers are encouraged to teach students content that is current in workplaces. Even though these are not formally tested in the examinations, they are tested as part of continuous assessments. The subjects that fall into this category are comparatively small. A particular case in point is the N4 Management Communication subject, where the syllabus speaks of telegrams but lecturers do not teach this aspect and instead incorporate current and electronic means of communication. A formal amendment to this syllabus will be undertaken with the QCTO, as the Council is responsible for setting workplace standards in all occupationally directed curricula.

Since the inception of the NC(V) qualifications in 2007, regular revisions were made in response to inputs from employers and colleges, as well as new subjects were introduced based on formal requests and motivations. The most recent of these was the request to introduce a Wholesale and Retail subject, which was introduced in colleges in 2016, as was the RET subject in 2015. Revisions were effected over time across several subjects, such as the inclusion of solar heating in the Plumbing curriculum, and major revisions to the Automotive Repair and Maintenance subject to include the latest technologies and electronics found in newer vehicle models.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 598 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

a) No (b) No (c) No and/or (d) No; because there was no contractual obligation to pay nor services procured in both (a)-(d),

b) (i)(ii) (iii) (iv)(v) (vi) Falls away

 

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

Children of parents who are in South Africa illegally are expected to return to their home countries as a family unit either voluntarily or by deportation as per section 34(1) of the Immigration Act 13 of 2002. This section provides for the arrest and deportation of an illegal foreigner. The rights provided to the children would also be in line with the family unit by allowing for the right to appeal against the deportation or request the deportation to be confirmed by a warrant of a court. The detention of such a family would be at a place of safety pending their removal from South Africa.

Reply:

(1) Many different public entities are responsible for implementation of the Financial Intelligence Centre Act, 38 of 2001 (“FIC Act”), each within their area of jurisdiction. These include the relevant Supervisory Bodies, the law enforcement and security agencies, as well as the South African Revenue Service. The impact of these entities in relation to the FIC Act are reported upon in their respective annual reports and other documents. The Financial Intelligence Centre (“FIC”) can provide an indication of the measurable impact concerning the prevention of money laundering in the period April 2011 to end of March 2016, during which period the FIC:

i) initiated and disseminated 3,908 financial intelligence products to law enforcement and other partner authorities for investigation, with an estimated value of R96.97 billion;

ii) responded to 7,753 requests for information concerning domestic and international criminal investigations in 50 different crime categories;

iii) produced 107 affidavits to support various types of judicial action by the state; and

iv) blocked R794 million worth of suspected proceeds of crime, enabling the return of the funds to rightful owners.

It should be noted that fraud, as a crime category, is an instance of a predicate offence which may generate proceeds of crime and could lead to money laundering, but is not itself expressly included in the objectives of the Act.

The ability to conduct studies to measure the impact of measures introduced of the FIC Act is circumscribed by the extensive nature of the issues and the interlocking elements which, together, make up the anti-money laundering and combatting of terrorism (“AML/ CFT”) framework.

Various attempts have been made by countries and international bodies to determine the extent of money laundering in money terms, as well as the impact of the global standards introduced to prevent money laundering. None of the models used has provided a satisfactory answer.

(2)(a)(b)

Neither the FIC nor the National Treasury have conducted studies on the impact of the FIC Act, nor do the FIC or National Treasury plan to do so. It is not known to the FIC or the National Treasury whether bodies in civil society or the private sector have conducted such a study or plan to do so.

Various bodies have at times referred to amounts relating to the cost of compliance with provisions of the FIC Act. However, the bases for determining these amounts, whether they relate directly and exclusively to compliance with the requirements of the FIC Act (as opposed to broader fraud protection, tax regulation and other regulatory requirements) and whether they reflect costs of specific bodies or the costs across sectors of financial and other institutions, have not been shared with the FIC or the National Treasury. This makes these figures unreliable as an indicator of the cost of implementation of the FIC Act.

(2)(b)

South Africa is fully committed to safeguarding its financial system from being exploited for the purpose of facilitating illicit financial activities such as money laundering and terrorist financing.

It should be borne in mind that the FIC Act is one of a number of pieces of legislation that are aimed at facilitating the protection of the integrity of the financial system, on the one hand, and also the administration of the criminal justice system, on the other. It is a wide-ranging framework with different inter-locking components which cannot be seen in isolation from one another. (Other parts of the legislative framework include the Prevention of Organised Crime Act (POCA), the Protection of Constitutional Democracy Against Terrorism and Related Acts (POCDATARA) the Prevention and Combating of Corrupt Activities Act (PRECCA) and all of the legislation relating to supervision and oversight of the various industry sectors which fall within the anti-money laundering framework, including banks, financial services, casinos and gambling, property and estate agents, lawyers and accountants).

Compliance with the requirements of the FIC Act promotes both objectives mentioned above and thus contributes to making it more difficult for criminals to hide their illicit proceeds in the formal financial sector and to cut off the resources available to terrorism.

The whole framework of measures against money laundering and terrorist financing described above (including the FIC Act) is South Africa’s implementation of global standards. Without these measures the South African financial system will be exposed to exploitation for criminal purposes and South African private sector institutions will not be able to compete effectively in the global financial system. These objectives form the basis for the continued application of the provisions of the FIC Act.

Reply:

The Gauteng Department of Education (GDE) determines its educator post establishment in line with the norms provided for in terms of Gazette No. 1676 of 1998, published in Government Gazette No. 19627 of 18 December 1998 as amended by Gazette No. 1451 of 2002, published in Government Gazette No. 24077 of 15 November 2002. The GDE’s post establishment is also informed by ELRC Resolution 4 of 1995, which provides for learner to educator ratios of 40 and 35 for primary and secondary schools respectively.

 

Reply:

(a) ,(b), (c), (i)

Yes, during November 2012, the Ministers of Finance, Energy and Public Enterprises entered into a Government Support Framework Agreement (GSFA) with Eskom as the buyer of electricity produced by IPPs. The GSFA contains the framework within which the Government shall make support available to Eskom in an event it cannot meet its obligation under the Power Purchase Agreement with the IPP. The Independent Power Producers Office is represented by the Department of Energy in the agreement. Such financial assistance is regarded as financial guarantee to Eskom.

In addition, the Regulatory Framework under Nersa allows the IPP cost incurred by Eskom to be a pass through to the electricity end-user with Eskom as the conduit and with no financial implications on Eskom. Any IPP procurement is added to the list from time to time in accordance with the procurement framework outlined under Section 34 of the Electricity Regulation Act.

The following project agreements have been signed with IPPs to date as part of the IPP procurement process:

A Power Purchase Agreement (PPA) that is signed between Eskom and the individual IPPs at the time of financial close. The PPA is a commercial that determines contractual obligations in terms of power delivery by the IPPs (as Seller) and payments by Eskom (as Buyer). To date, 64 IPP projects have signed Power Purchase Agreements, totaling a contractual obligation by IPPs to deliver 4 001 MW of electricity to the grid.

An Implementation Agreement (IA) is signed between the Department of Energy and the individual IPPs at financial close. The IA determines contractual obligations by the Seller in relation to socio-economic and enterprise development commitments over the life-time of the project as well as the Government support to Eskom in an event of default by Eskom.

(ii) The PPA and IA with each IPP are confidential as they contain pricing information that could be used by competitors in future IPP bidding rounds. Nonetheless, we have enclosed the GSF Agreement a prototype PPA/IA.

Reply:

1. (a & b) The Department of Energy and its entities did not participate in the dialogue with the President unpacking of SoNA 2017 on Radical Economic Transformation implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017;
2. (a &b) The Department of Energy and its entities did not participate in the auction of (i) Souvenirs or (ii) personal belongings of the President of the Republic, Mr. Jacob G Zuma.

Reply:

1 (a) The expenditure of R 4 492 250 which is referred to in the enquiry was for the broadcasting of a television advertisement. The expenditure was for airing costs of a Seda multi-media, advertising and Public Relations campaign which profiled and created awareness of Seda’s products and services to its customers and potential clients. The advertisement which was 30 seconds long, featured 438 times on these stations over a five week period.

(b) The advertisement was part of a marketing campaign to raise the level of awareness of Seda’s service offerings for SMME’s and cooperatives in the country.

(c) Breakdown of the R 4 492 250 expenditure per TV station:

Item	Cost
ETV	R 1 659 635
SABC	R 1 939 842
ENCA	R 410 400
DSTV	R 482 371
Total	R 4 492 250

 

Breakdown of the advertising expenditure per TV station:

Item	Production costs	Airing Costs
ETV	R 1 117 136(This is the only production cost and was the money spent on producing the TV advert aired on SABC channels, ETV, ENCA and DSTV)	R 1 659 635
SABC		R 1 939 842
ENCA		R 410 400
DSTV		R 482 372
Total	R 1 117 136	R 4 492 250

 

Note: The production cost of R1 117 136 was the only production cost and was the money spent on producing the TV advert.

Further breakdown of the SABC advertising and airing costs:

Item	Advertising production	Airing costs
(aa)SABC 1	R1 117 136 (This is the only production cost and was the money spent on producing the TV advert aired on SABC channels, ETV, ENCA and DSTV)	R 495 990
(bb)SABC 2		R 623 295
(cc) SABC 3		R 277 020
SABC NEWS		R 543 587
TOTAL	R 1 117 136	R 1 939 842

2. Post campaign analysis was done through measuring the impact of the campaign via the influx of calls to Seda’s national information centre. The impact of the campaign was measured through media reports provided by Seda’s media monitoring service.

The impact of the advertising campaign measured through Seda’s national information centre is reflected in the link below:

https://pmg.org.za/files/RNW14SEDA-170403.docx

Reply:

1. Neither the Department of Justice and Constitutional Development (DoJ&CD) nor its entities (National Prosecuting Authority, Special Investigating Unit, the Office of the Chief Justice and Legal Aid South Africa) and the Department of Correctional Services (DCS) participated in the Dialogue with the President: Unpacking of the SONA 2017 on Radical Economic Transformation Implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017.
2. Neither the Department of Justice and Constitutional Development (DoJ&CD) and the Department of Correctional Services (DCS) nor its entities participated in the auction of the souvenirs or personal belongings of the President of the Republic, Mr Jacob G Zuma.

Reply:

1. As per 5-year SFF Corporate Plan developed for the period commencing 01 April 2017, SFF is planning to undertake technical feasibility work in the new financial year. The objective of this technical feasibility study is to ascertain the technical requirements for re-commissioning the terminal and also the operating philosophy that will ensure that the terminal operations are within safety limits in light of the recent property developments within the vicinity of the terminal.

(2) SFF The private sector Clean Fuel Storage Tanks Project was never prioritised over the upgrade of the Milnerton Storage Tank Site.

In the second half of calendar year 2014, the oil prices started to fall and only then could a business case of refurbishing the Milnerton Terminal be justifiable hence in compliance with procurement prescripts, SFF went out on a public tender for services of a company that can carry out Integrity Tank Testing (which was to inform a Refurbishment Plan for the Milnerton Terminal) on the 9th of November 2014. From this procurement process, a service provider was selected and they partly carried out the service till its contract ran out in May 2016.

The Milnerton terminal is currently certified to handle crude oil only and the Burgan Oil terminal is certified for Clean Petroleum Products, hence it was possible for NERSA to grant the construction license for such infrastructure to be developed. These two terminals are not competing and are therefore serving two different markets i.e. Clean Products and Crude Oil. Upon the completion of the refurbishment program, SFF will generate revenues from the crude oil customer base.

In recognition of the fact that SFF can fulfill its mandate of Security of Supply for the country quicker when it is holding Clean Fuels than Crude Oil, when an opportunity arose to participate in a Clean Fuels Project, SFF did put support for the project with an intention to further its Security of Supply Mandate and we must mention that SFF has never invested any cash in this venture.

(3) The privatisation or the sale of the Milnerton terminal is not in the 5-year SFF Corporate Plan. The Corporate Plan is a 5 year strategic road map for SFF. In this Corporate Plan SFF intends to continue with the Integrity Tank Testing and eventually refurbish and re-commission the Terminal and earn revenues from it.

Reply:

1. No

2. No

Reply:

1. The DPP South Gauteng has duly signed declarations of interest annually, since his appointment to this position in 2011/12, to date.
2. I am informed that, the person denies claims that he ever received any gifts, including golf clubs and bags, from Mr Brett Kebble. He states that he has never met Mr Kebble.
3. In light of the response in (2) above, this question does not arise.

Reply:

The Department of Home Affairs has not procured any services from the person or entities listed as there has been no need to do so.

Reply:

(1) The agreements for the sale of crude oil entered into by SFF with the buyers contain confidentiality provisions that prohibit SFF from disclosing the contents of these agreements to third parties. The consent to disclose to third parties must first be obtained from the buyers before such disclosure can happen. The buyers have a right, in contract, to decline SFF’s request unless SFF is compelled in law to make a disclosure.

(2) (a)(i) National Energy Act 2008, s17(1) states that ‘The Minister may, in a prescribed manner, for the purpose of ensuring security of supply, direct any state-owned entity to […] maintain and manage national energy feedstocks’ and through s17(2) ‘the nominated state-owned entity must perform the functions in subsection 17(1) in accordance with the relevant published security of supply strategies’ and read with s17(3)(b)(ii) which states that ‘the strategies or policies contemplated in subsection 17(2) may contain but not be limited to the conditions under which withdrawals may be made from such strategic energy feedstocks’.

2(a)(ii) Procurement regulations apply to procurement of goods and services, the sale was governed by subsection 54(2)(d) Public Finance Management Act 1 of 1999 which states that ‘Before a public entity concludes an [acquisition or disposal of a significant asset], the accounting authority of the public entity must promptly and in writing inform the relevant treasury of the transaction and submit relevant particulars of the transaction to its executive authority for approval of the transaction.’

2(b)(i) 10 million barrels;

2(b)(ii) Bonny Light and Basrah blend.

Reply:

(a)(i), (a)(ii)

The Financial Intelligence Centre (FIC) is responsible for the bulk of the activities related to the administration of the Financial Intelligence Centre Act, 2001 (FIC Act), with the support of a range of other entities such as the relevant Supervisory Bodies and the law enforcement and security agencies, as well as the South African Revenue Service. Comprehensive cost analyses of the functioning of the FIC are done annually in terms of budgeting processes. The total cost of the functioning of the FIC from the entity’s inception to the end of the 2015/2016 financial year is R1 644 786 000.00, which constitutes the major portion of the costs of the administration of the FIC Act.

Additional activities which are relevant to the administration of the FIC Act relate to the functions of supervisory bodies in overseeing compliance with the Act. A variety of entities participate with the FIC in this aspect of the administration of the FIC Act. In the majority of cases the amount of resources these entities expend on the relevant activities associated with the administration of the FIC Act are integrated into the costs of them performing their core functions as supervisory bodies. The figures relating to these amounts are not readily available to the FIC or the National Treasury which makes such an analysis impossible. A complete cost analysis of these aspects of the administration of the FIC Act, in addition to the cost of the functioning of the FIC, has therefore not been done.

(b)(i), (b)(ii)

The private sector is not involved in functions to administer the provisions of the FIC Act. However, certain sectors of financial and other institutions are required to comply with obligations pursuant to the provisions of the FIC Act. It is not known to the FIC or the National Treasury whether the private sector (or any part thereof) has investigated the cost to the sector (or part thereof) of compliance with these requirements, nor is it known whether the private sector (or any part thereof) plans to conduct such an investigation.

Various bodies have at times referred to amounts relating to the cost of compliance with the FIC Act. However, the bases for determining these amounts, whether they relate directly and exclusively to compliance with the requirements of the FIC Act (as opposed to broader fraud protection, tax regulation and other regulatory requirements) and whether they reflect costs of specific bodies or the costs across sectors of financial and other institutions, have not been shared with the FIC or the National Treasury. This makes these figures unreliable as an indicator of the cost of implementation of the FIC Act.