Questions and Replies

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:

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:

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:

(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.

 

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:

(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:

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. (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 Acting Chief Executive Officer (AGCEO), Mr Collins Letsoalo was appointed, by the Board, to the Passenger Rail Agency of South Africa following his secondment by the Minister of Transport.

The Board and Mr Letsoalo entered into an agreement dated the 07 July 2016 under the following conditions:

The effective date being 01 July 2017 until further notice or until a permanent GCEO is appointed.

PRASA would pay an annualized salary rate applicable to this position – the annualized salary rate applicable to this position is currently R5, 986,140.07 (498 845 p/m) which is a cost to company package.

The AGCEO is eligible to receive all the benefits applicable to this position – the current benefits applicable to this position include:

Medical Aid (compulsory, but can opt out if covered in spouse Medical Aid scheme). – Mr Letsoalo did not exercise this option at PRASA.

Provident Fund (to be structured from package) - Mr Letsoalo did not exercise this option at PRASA.

Funeral Cover (to be structured from package) - Mr Letsoalo did not exercise this option at PRASA.

13th cheque (optional and to be structured from package) - Mr Letsoalo did not exercise this option at PRASA.

Car and VIP protection (subject to fringe benefit tax).

Car allowance (to be structured from package) Mr Letsoalo did not exercise this option at PRASA.

Performance Bonus (if declared) - No bonuses have been declared at PRASA

A company cellular phone on an unlimited package (open line) - Mr Letsoalo did not exercise this option at PRASA.

Executive cover (for all executives) Mr Letsoalo did not exercise this option at PRASA.

(b) There were no perks that were awarded to the AGCEO that were above the conditions of secondment.

(c) There were no perks that were awarded to the AGCEO that were above the conditions of secondment.

(d) There is at present no need or reason to recoup any perks, remuneration and benefit from the specified person

(2) (a) The board upon the request from the minister has initiated an investigation and once this has been concluded the outcome will be addressed accordingly.

(b) This aspect will be known once the investigation has been concluded.

(c) This aspect will be known once the investigation has been concluded.

(3) (a) The board had already advertised the Group Chief Executive Officer position and the advert closed on the 15/03/2017. The next steps are the interview process (the approach and the appointment).

(b) R5, 986,140.07 (498 845 p/m) which is a cost to company package.

 

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:

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 (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:

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. No

2. No

Reply:

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

Department of Home Affairs

(1)(a) No.

(2)(a) No.

Government Printing works

(1)(b) No.

(1)(b) No.

Electoral Commission

(1)(b) No.

(1)(b) No.

Reply:

1. The matter which was investigated by SAPS is still under consideration by the National Prosecuting Authority.
2. The matter is under consideration of the Priority Crimes Litigation Unit (PCLU) of the NPA.
3. The names of potential witnesses and persons who have been questioned during the course and scope of this ongoing investigation cannot be disclosed.
4. It is regrettably not possible to provide a definitive date on which this investigation is expected to be concluded.

 

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:

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. The Municipal Finance Recovery Service (MFRS) was established in 2007 as a Directorate in the National Treasury within the Office of the Accountant-General in the Chief Directorate: Municipal Financial Management Act (MFMA) Implementation as required in terms of Chapter 13 of the MFMA. The MFRS has a staff complement of 2 officials which consist of a Director and Deputy-Director, whose functions are assisted by other officials and specialist’s experts, when required.

2. The responsibility to intervene in terms of section 139(1) of MFMA lies with the Provincial Executive. During the period 2013/14 to 2015/16 the provincial executive has not invoked section 139(1) of MFMA relating to mandatory intervention as regulated in the MFMA.

However, during ongoing engagements on the implementation of chapter 13, matters relating to the effectiveness of provincial intervention were raised with Provincial Treasuries (PTs), National and Provincial Departments of Cooperative Governance (DCoG), and South African Local Government Association (SALGA). The MFRS requested provinces to approach the MFRS unit for assistance, when required.

 

The following municipalities were assisted in the preparation of financial recovery plans:

• 2013/14 - Mbombela local municipality and Bushbuckridge local municipality
• 2014/15 - Makana local municipality and Baphalaborwa local municipality
• 2015/16 - Tswaing local municipality, NgakaModiri Molema District municipality and Thabazimbi local municipality

The plans are holistic in nature covering, amongst others, institutional, organisational, human resources, service delivery, and financial management including restructuring of budgets, tariffs, administration, capacity and oversight by councils on its implementation. They highlight implementation aspects covering short, medium and long term challenges. Provinces are required to monitor progress and report accordingly to provincial legislatures.

3. The municipalities who were assisted with the preparation of financial recovery plans have with the assistance of the Provincial Treasuries commenced engagements with creditors to conclude realistic payment arrangements.

4. The MFMA provides the enabling legal framework for addressing financial misconduct within municipalities. The MFMA clearly defines when the accounting officer and other officials commit acts of financial misconduct. Therefore, the MFMA sets out the “triggers” for determining whether or not an accounting officer or any of the other municipal officials have committed financial misconduct.

It is important to note that the MFMA merely sets the basis for any action to be taken against municipal officials for acts of financial misconduct. The responsibility for acting against the officials, given the employer / employee relationship, vests with the respective municipal councils. The Minister of Finance has promulgated the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings in May 2014 to assist municipal councils with executing the latter’s responsibilities. Information regarding whether or not the municipal councils of these defaulting municipalities have acted against their accounting officers or other officials is best obtained from the individual municipalities. The reforms also include disclosure in Annual Reports of actions taken. These reforms are been implemented by municipalities and are subject to the compliance audit undertaken by the Auditor-General.

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) No, the Department did not participate.

2. (a) No, the Department did not participate.

Souvenirs	Personal belongings
(i) No	(i) No
(aa) Not applicable	(aa) Not applicable
(bb) Not applicable	(bb) Not applicable

1. (b) No, SA Tourism did not participate.

2. (a) No, SA Tourism did not participate.

Souvenirs	Personal belongings
(i) No	(i) No
(aa) Not applicable	(aa) Not applicable
(bb) Not applicable	(bb) Not applicable

Reply:

(a)(b)(c)(d)(e)(i)(ii)(iii)(iv)(v)

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:

(1)(a) The investigation into the case docket, KwaMashu CAS 503/06/2015, was concluded and a court date was set for 24 April 2017, at the Ntuzuma Regional Court.

(1)(b) The charge in the case docket is Rape, in terms of Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No 32 of 2007).

(1)(c)(i)(ii) The details of the investigating officer cannot be disclosed, in order to allow the investigation to be conducted without fear or favour.

(2) Yes, one suspect was arrested.

(3)(a)(i)(ii) Yes, the suspect was interviewed on 19 November 2015 and appeared before court on 23 November 2015.

(3)(b)(i)(ii) Yes, the victim was interviewed on 29 June 2015 and 7 July 2015 and the witnesses were interviewed on 29 June 2015, 20 January 2016, 5 March 2016 and 1 April 2016.

(4) The SAPS’s investigation has been concluded and the matter is on the court roll for trial.

Reply:

(a)(b)(c)(d)(e)(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:

1. The National Prosecuting Authority has informed me that the person was seconded to a Reference Group under the auspices of the Secretariat of the Minister of Police during the period 2014 to 2015, with the consent of the Director of Public Prosecutions for South Gauteng, Advocate Andrew Chauke and under former National Director of Public Prosecutions, Mr Mxolisi Nxasana. All costs were covered by the Secretariat of the Police, details of which can be obtained from the aforementioned Secretariat.
2. The Reference Group did not, at any, stage meet with the Honourable President of the Republic, Mr Jacob G. Zuma.
3. & (4) The required information is in the possession of the Secretariat of Police from whom same should be requested.

 

Reply:

1. (a) No

(b) No

2. (a) No

(b) No

(i) No

(ii) No

(aa) No

(bb) No

Reply:

(a)(b)(c)(i)(ii)(iii)(iv)(aa)(bb)

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.

Note that the Section 21(1A)(b) as mentioned in section (c) of the question does not exist, it might be a typing error and maybe should read 20(1A)(b).

Reply:

No decision has been made on the application by Monsanto for general release of Genetically Modified Maize, event MON87460 x MON89034 x NK603. The application was submitted to the Registrar of the GMO Act on 28 February 2017 and a notice of the application published in three national newspaper in line with the prescribed application process. What was approved under the GMO Act is field trial for Monsanto MON87460 x MON89034 x NK603 maize. Field trials are conducted prior to submission of a general release application and the purpose of field trials is to generate safety and efficacy data. The GMO Act allows for applicants to conduct field trials within the prescripts of the Act and Monsanto conducted the field trials in the 2014/2015 and 2015/2016 planting seasons to collect the safety and efficacy data. Combined data from the two seasons of field trials now forms the basis of the application for general release.

a) and (b) In the current general release application, the safety and efficacy data is contained in the reports from the mentioned field trials. We confirm these are provided by the company in question. This information will be reviewed independently by the Advisory Committee and Executive Council in a scientifically sound manner, taking into consideration recognised risk assessment methods that are currently applied at national, regional and international level; for example, Codex Alimentarius standards.

c) The assumption is that the 39 countries referred to are part of the European Union (EU). This application has not served at EU and therefore a comparison of the outcome of the South African risk assessment cannot be compared to that of the EU. However the EU Commission has approved the individual maize events: NK603 (approved in 2015), MON89034 (approved in 2009) and MON87460 (approved in 2015) maize events for placing on the market for feed or food or for any other uses than food and feed, with the exception of cultivation.

d) South Africa has only authorised the commercialization of genetically modified maize, soybean and cotton. South Africa is a net importer of soybean and cotton. When maize is exported from South Africa, processes are in place to certify the GM status of a consignment in the instance where a country requires non-GM consignment or do not allow the entry of GM maize at all. The 39 countries have not entirely banned GMOs; they still allow imports for food/feed but not for planting

Reply:

a) (a) Yes. A Performance Agreement was signed for the year 2015-16; and

    (b) Yes. A Performance Agreement was signed for the year 2016-17.

b) His performance did not qualify him for a performance bonus.

Reply:

a) We’ve maintained that information-sharing via the electronic web or cyberspace has revolutionized our world and the way in which we interact with each other. It has brought exciting opportunities in developing our economies, improving our health care, education, agricultural production, the provision of services to name but a few. These opportunities are endless. However, on the same breath, there are real threats that have manifested themselves in the same space, which if left unchecked can destabilize our use of this space and result in untold harm to individuals, corporates and governments. These include amongst others, cybercrime activities, human trafficking, defamation, child pornography and the like. The concern is to isolate and deal with those individuals who have nefarious intentions and want to use cyberspace and its platforms to propagate such.

b) The intention of sharing such a view during that media briefing referred to in the Hon Members’ question was to allow South Africans to have an honest discussion and debate on this matter. On the occasion of the processing, by Parliament this year, of the Cyber Crime and Cyber Security Bill, the public will be able to make their input heard as we all have a responsibility to secure our cyberspace and all its related platforms.

(c) As indicated in (b) above, a process involving public participation will ensue as part of developing the appropriate regulatory framework.

Reply:

There are several interventions that can be taken to save jobs depending on the challenges faced by the company. These interventions may include but not limited to interventions as declaration signed by the stakeholders.

Sale of assets might be considered if jobs are to be saved and two parties agrees. This intervention will always be persued if there is high probability that jobs will be saved.

I revived the Mineral and Petroleum Board (MPB) with a mandate to focus on section 52 notices

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

All the cases have been referred to the relevant Provincial Education Departments (PEDs) for the implementation of the recommendations of the Ministerial Task Team (MTT).

The Department has established a Special Task Team comprising of representatives from the Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, North West and the Northern Cape to ensure that the recommendations are implemented and that progress reports are provided to the Minister. This team is assisted by two (2) representatives from the Department of Justice.

The progress reports from the Special Task Team will be presented at a meeting scheduled to take place in the last week of April 2017.

 

Reply:

The total remuneration was structured as follows:

1. Basic remuneration: R 997 331
2. Car allowance: R 415 557
3. Accommodation Allowance R 78 002
4. Credit card allowance R NIL
5. Cell phone Allowance R NIL

 

Reply:

1. (a) The Gauteng Department of Education (GDE) is currently investigating the matter. The response will be forwarded as soon as the information is received from the GDE.

It must be noted that the payment of salaries of educators employed on a part-time basis are paid an hourly rate that is regulated in terms of the Personnel Administration Measures (GG No. 39684). The regulation determines the rate and the calculation of such rate which is adjusted annually in terms of the cost of living adjustment process.

(b) The teachers in question do not receive a regular monthly salary. They are paid on an hourly rate according to the hours they worked using the system of submitting claims. Claims are submitted at the end of the month and payment can only be made once claims have been submitted and processed. The date of payment may vary for individuals depending on the date on which they submitted their claims.

(2) The claims for salaries are processed and paid within 7(seven) days after they have been received from the claiming teacher. On average, the claims are paid within 10 working days after the end of the month.

Reply:

a) There is no specific definition of the “decolonisation” of the curriculum that the Department uses in its policy documents. Decolonisation of the curriculum has been defined by different scholars and different sources. For example, Justice Mavhundla, in his presentation to the Executive Dean of Law at UNISA, on the occasion of reflecting on the project of the decolonization of education in South Africa, reminded those present that “in the year 1994, we did not throw through the window the contaminated water in the form of apartheid with the bowl…. What this means is that as we progress further into the future, we need then to have a deliberate and progressive transformation infused in our jurisprudence to accord with the modern dictates of the epoch we leave in”.

South African society as a whole including the Education System has been subject to much influence by Colonial powers that ruled our country and this needs to be addressed in current and future curriculum revision processes.

(b) The decolonisation of curriculum is a process that started as early as 1999. When CAPS was developed in 2011, some elements again aimed at the decolonisation of the curriculum were introduced.

Principles that buttress Curriculum and Assessment Policy Statement (CAPS) are benchmarked on South African and African contexts and they are benchmarked to match international standards. They include:

• Social transformation: ensuring that the educational imbalances of the past are redressed, and that equal educational opportunities are provided for all sections of our population;
• Active and critical learning: encouraging an active and critical approach to learning, rather than rote and uncritical learning of given truths;
• High knowledge and high skills: the minimum standards of knowledge and skills to be achieved at each grade are specified and sets high, achievable standards in all subjects;
• Progression: content and context of each grade shows progression from simple to complex;
• Human rights, inclusivity, environmental and social justice: infusing the principles and practices of social and environmental justice and human rights as defined in the Constitution of the Republic of South Africa. The National Curriculum Statement Grades 10 – 12 (General) is sensitive to issues of diversity such as poverty, inequality, race, gender, language, age, disability and other factors;
• Valuing indigenous knowledge systems: acknowledging the rich history and heritage of this country as important contributors to nurturing the values contained in the Constitution; and
• Credibility, quality and efficiency: providing an education that is comparable in quality, breadth and depth to those of other countries.

Therefore, tremendous progress has been made from 2000-2016 to decolonise the school curriculum, however there is still more that needs to be addressed.

Therefore, tremendous progress has been made from 2000-2016 to decolonise the school curriculum, however there still more that needs to be addressed.

(c) A fully decolonized curriculum will entail a fully transformed curriculum policy regime, content of subjects, one that produces learners that are fully immersed in the indigenous knowledge system, and that which imbues a sense of pride to be an African armed with knowledge, skills and values that are internationally intelligible, and therefore equally equipped to be a proud citizen of the world and meet the skills challenges of the 21st century.

Reply:

Department of Agriculture Forestry and Fisheries (DAFF)

1. DAFF did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.
2. DAFF did not participate in the auction of souvenirs or personal belongings of the President.

Agricultural Research Council (ARC)

1. The ARC did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.
2. The ARC did not participate in the auction of souvenirs or personal belongings of the President.

National Agricultural Marketing Council (NAMC)

1. The NAMC did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.
2. The NAMC did not participate in the auction of souvenirs or personal belongings of the President.

Perishable Products Export Control Board (PPECB)

1. The PPECB did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.
2. The PPECB did not participate in the auction of souvenirs or personal belongings of the President.

Onderstepoort Biological Products (OBP)

1. The OBP did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.
2. The OBP did not participate in the auction of souvenirs or personal belongings of the President.

Fisheries Management

1. Fisheries did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.
2. Fisheries did not participate in the auction of souvenirs or personal belongings of the President.

Ncera Farms

1. The Ncera Farms did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.
2. The Ncera Farms did not participate in the auction of souvenirs or personal belongings of the President.

South African Veterinary Council (SAVC)

a. The SAVC Farms did not participate in the dialogue unpacking SONA 2017 with the President on the 25th of February 2017.

b. The SAVC Farms did not participate in the auction of souvenirs or personal belongings of the President.

Reply:

a) Make: Mercedes Benz GLE 350d SUV

b) Model: 2016

c) Price: R1 234 157.97

d) The vehicle was procured on 17 March 2016 via G Fleet as part of the RT57 Government Contract as approved by the Minister of Justice & Correctional Services on 27 January 2016.

Reply:

The Acting CEO was not appointed by the outgoing CEO. The SACE Council appointed the acting CEO.

Reply:

1.  The History Ministerial Task Team convened eight meetings between March and November 2016. The Task Team conducted international comparative research on India, Rwanda, Zimbabwe, Nigeria, China, Tanzania, Russia & Brazil to add to the international research that was presented at the History Round-Table of 4 December 2015. Furthermore, the team made proposals to strengthen the content of History in the General Education and Training (GET) and Further Education and Training (FET) bands. This work of strengthening the content is to be consolidated in April 2017. The MTT is also planning to conduct consultative meetings in various provinces to get inputs on the strengthened History curriculum to ensure that it is representative and inclusive.

2. The final report will be released to the Minister at the end November 2017.

Reply:

The National Prosecuting Authority (NPA) informed me that (the persons details furnished) are on special leave and they have not resumed their duties at the NPA. They were granted leave to appeal by the North Gauteng High Court and the President of the Republic communicated in public that he will await the conclusion of the court processes before considering whether any action is necessary. .

 

Reply:

Training conducted	Training provider	1(a) No of days	1(b) Dates of training	1(c) Breakdown of schedule	2(a)(i) rental costs	2(a)(ii) total costs	2(c) training duration	3(a) people trained	3(b) venue training
Content Development	SASJA/SAASTA	2 days	19 - 20 February 2016	Science journalism training / reporting	Held as SAASTA training venue. No cost incurred	R184 000	2 days	N/A	N/A
Governance	WITS University	2015 academic year	2015 academic year – phased sessions	Advanced radio certificate and station advisory mentoring service	Held at the WITS University. No cost incurred	R674 300	2015 academic year	5 persons per station for the 3 stations	WITS Radio Academy and on site
Grantee Orientation	MDDA	3 days	30, 31 March and 1 April 2016	MDDA Programs Accountability and reporting Stakeholder and support programs Capacity building and skills development Marketing and advertising	R471 345	R707 000	3 days	N/A	N/A

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

 

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(1)       

	(1)(a) How many independent schools have been identified as operating illegally in each province	(1)(b) how many of the specified schools have been closed down since 1 January 2014,	(1)(c) what are the names of the schools	(1)(d) how many of the schools cater for learners with disabilities
EC	66	4	See Annexure A	0
FS	1	0	See Annexure A	The school indicated that it was assisting learners with disabilities but the owner did not want to follow the correct procedures for school registration.
GP	23	The 23 schools were served to cease operation	See Annexure A	5
KZN	The province has no such schools, they are not known	1	See Annexure A	0
LP	9	0; The nine have submitted applications for registration. Site visits have been conducted for all to verify compliance to the registration requirements. The schools will soon be informed of their registration status.	See Annexure A	1
MP	As soon as it is established that a school is operating without registration, the necessary action is taken to correct the situation.  In cases where the non-compliance areas are too many, the owner/applicant is requested to seize the operation with immediate effect.  Most of the time ‘illegally operating’ schools are guided and supported to become compliant.	0	See Annexure A	N/A
NC	4	0; These are all newly established. Necessary legal procedures will be followed before they are closed down. Where guidance and support is necessary, it will be rendered so that they comply with the policy prescripts	See Annexure A	0
NW	11	All 11 schools mentioned in (a) were served with letters to cease operation	See Annexure A	0
WC	31	11 schools were closed; 5 were registered, and some became tutor centres that tutored learners who were Home Schooled, others just disappeared	See Annexure A	1; Although the school has subsequently been registered

 

(2)

	2(a) how many independent schools received assistance from the relevant education department in each province to get legal registration since 1 January 2014	2(b) what are the names of the specified schools	2(c) how many of the schools cater for learners with disabilities
EC	1	See Annexure B	0
FS	5	See Annexure B	5;  They do not have special classes for learners with disabilities however; learners experiencing learning barriers are provided with remedial lessons.
GP	23	See Annexure B	5
KZN	0	See Annexure B	N/A
LP	21	See Annexure B	2
MP	10	See Annexure B	Provision for disability is a requirement for registration.  Sufficient proof must be given that learners with especially physical disabilities will be catered for.
NC	5	See Annexure B	All the schools cater for learners with disabilities in an integrated manner. They are not specializing nor discriminating.
NW	11	See Annexure B	0
WC	45	See Annexure B	1

(3)

What is the turnaround time to register an independent school in each province
EC	90 days, if all requirements for registration are met
FS	90 days, if all requirements for registration are met
GP	90 days, if all requirements for registration are met
KZN	90 days, if all requirements for registration are met
LP	9 Months
MP	90 days, if all requirements for registration are met
NC	30 days, if all requirements for registration are met
NW	90 days, if all requirements for registration are met
WC	90 days, if all requirements for registration are met

(4)

	(a) which provincial education departments have posted the list of names of all registered independent schools together with their registration numbers on the website of her department	(b) which provincial education departments have placed policy documents on the website that regulate the registration of independent schools
EC	Yes	Yes
FS	Yes	No. The documents were available on the website but they were not uploaded when the system was updated. Follow-ups with EMIS and IT to have the addressed.
GP	Yes	Yes
KZN	No	Yes
LP	Yes	Yes
MP	No	Yes
NC	No	No
NW	Yes	Yes
WC	No. The names of all registered independent schools were published in a Provincial Extraordinary Gazette	No. The matter will be addressed

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:

(a)(b)(c)(i)(ii) The investigation in the case docket, Nkandla CAS 123/03/2014, has been concluded. The case docket was handed into the office of the National Director of Public Prosecutions (NDPP) on 21 August 2015, for a decision on prosecution. The decision by the NDPP is still being awaited.

Reply:

Minister of State Security:

Make	Model	Year Model	Price	Purchase date	Financial Year	Comments
Mercedes Benz	S 350	2015	R 1 317 517.47	17/11/2015	2015/2016	Mercedes Benz

Deputy Minister of State Security:

Make	Model	Year Model	Price	Purchase date	Financial Year	Comments
Jeep	Grand Cherokee 3.6L	2014	R626 661.00	12/08/2014	2014/2015	Official vehicle Gauteng
Jeep	Grand Cherokee LTD	2015	R547 320.00	31/03/2015	2014/2015	Official vehicle Western Cape

No vehicles have been procured since 1 April 2016 to date.

Reply:

(a)(b)(c)(d)(e)(i)(ii)(iii)(iv)(v)

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:

Neither the National Prosecuting Authority nor the South African Police Services are aware of such a complaint.

Reply:

1. No, a case docket of rape, where the mentioned individual is allegedly implicated as a suspect, is not being investigated by any member of the South African Police Service.
2. (a)(b)(c) Not applicable.

Reply:

(a)(b)(c)(i), (ii), (iii), (iv) and (v). 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.