Questions and Replies

Reply:

1.1. The DSBD is conducting the national study on the regulatory and legislative protocols impeding small, micro and medium enterprises (SMMEs) and Co-operatives as one of the target for the 2016/17 financial year. The research will combine analysis of the existing laws, which should point to the potential for unintended consequences, with evidence on SME experience of implementation. For this reason, the approach to the studies has four main elements

(i) To identify practical and viable ways to reduce the administrative burden of legislation and regulations on SMMEs and Co-operatives;

(ii) An engagement strategy including the relevant departments and agencies to implement the preferred option.

(iii) An evaluation of remedial options, including at least one option that would not require changes to the law or regulation; and

(iv) Analysis of the existing laws and regulations themselves in order to identify the likely costs, benefits and risks for small enterprises and other stakeholders;

1.2 The Department intends to commence with the Provincial study to assess regulations affecting SMMEs and Co-operatives within the 2017/18 financial year.

1.3 The Department as part of the Local government Red Tape Reduction Programme has been conducting an assessment on the implementation of the National Red Tape Reduction Guidelines; this is currently being conducted in four municipalities in the Free State and KwaZulu-Natal. The assessment was based on the critical red tape issues as listed on the National Red Tape Guidelines including, but not limited to:

• • 1. Lengthy and inefficient supply chain management processes (which ultimately affects the 30-day payment system to SMMEs and Co-operatives and non-compliance with section 38 (1) (f) of the MFMA as aligned to the PFMA and Treasury Regulations 8.2.3);
    2. An assessment of existing municipal by-laws and which are relevant to SMMEs and Co-operatives. The municipalities need to review by-laws every five year period as per Municipal Systems Act (MSA) (No. 32 of 2000); and
    3. Assessment of business registrations and permits in order to identify red tape issues in relation to starting the business and also the compliance with all the requirements as set out within the Business Act No. 71 of 1992 and as amended No. 186 of 1993.

1.4 The department of Trade and Industry working with the National Small Business Council has in its work during 2008 to 2010 been more involved in regulatory environment related work. This was upon the 2007 Cabinet’s approval of the Regulatory Impact Assessment (RIA) Framework followed by guidelines for RIA, a tool used to analyze objectives of regulatory proposals and respective unintended consequences. Initially this focused on national and provincial regulatory regime. Regulatory and administrative bureaucracy /red tape areas that received attention in this period and pertinent to the small business sector have been; business registration, access to finance and access to markets. In the municipal ordinances and by-laws focus has been on trading licenses and business registration as well as street trading and trading hours. No recent studies have been done by the Department of Small Business Development, however, stakeholder engagements as recently held in the current process of the review of the Small Business Act have elicited input on regulatory impact areas that still need to be addressed.

2. The Department has not made an assessment of the possible impact that the lack of access to SEDA and SEFA by potential entrepreneurs may have on the success rate of small, medium and micro-sized enterprises to create sustainable jobs.

2.1 The DSBD has however conducted and concluded the 2014 Annual Review of SMMEs and Cooperatives in South Africa which assess the constraints and enablers for SMME and Cooperatives growth sector-wide and not just specifically on the role of SEDA and SEFA.

2.2 The 2014 Annual SMME Review which the Department is yet to publish shows that:

• • 1. South Africa boasts a wide range of public and private sector small business support institutions, presently estimated at around 214 in total, providing a variety of support services.
    2. While the comprehensiveness of the range of support services is generally acknowledged, these services tend to be fragmented or unintegrated and the quality of some of the services, particularly business advisory services, is continuously being questioned.
    3. The 2008-2014 period was characterised by considerably difficult external economic conditions, with generally subdued overall growth performance, high lending rates, falling business and consumer confidence resulting in slowing demand and weakened capacity utilisation in the private sector. These tough trading conditions undoubtedly have impacted the business prospects and performance of SMMEs.
    4. There has been an increase in the number of SMMEs and Cooperatives from 512 518 in 2007 to 1 155 854 in 2013, an overall growth rate of 14.4%.
    5. Bankruptcies, liquidations and insolvencies increased during the economic downturn from 2314 in 2007, to 4763 in 2008, 6078 in 2009; but have since dropped to 3189 in Q1 or 2013.
    6. Lack of skilled staff are the main challenges faced by all SMMEs, followed by lack of finance and burdensome regulations.

2.3 The Department’s application for its ‘Integrated Strategy for the Promotion of Entrepreneurship and Enterprise Development’ to be included in the National Evaluation Programme has been approved by DPME. The evaluation of the Integrated Strategy will enable the Department to assess the impact of the interventions outlined in the Strategy as well as the impact of the Institutions, (particularly SEDA) that were to implement these interventions and programmes.

2.4 The Department together with SEDA and SEFA has also embarked on the 2016 Annual Review of Small Business and Cooperatives in South Africa and may also use this study to focus on the accessibility and procedures of SEDA and SEFA by potential entrepreneurs to determine if this is a contributing factor to the low success rate of small, medium and micro-sized enterprises to create sustainable jobs.

2.(a) There is extensive literature on factors resulting in the low success rate of small enterprises. Seda continues to contribute to research work in this regard, especially through its annual contribution to the research focus on South Africa in the GEM report (Seda is one of the main funders). Findings in this report cite access to non-financial and financial business development support as well as access to markets as the key critical success factors for small businesses. The recommendations from these periodic reviews highlight the need for coordinated support and utilising other means toward better access to support, such as; co-location among development support agencies to increase their geographical coverage and pool resources for office presence in as many needy parts within a district municipality jurisdiction. Provision of infrastructure resources in municipality infrastructure plans as part of their Local Economic Development plans and exploring possibilities for partnership with the private sector as part of their Enterprise Support Initiatives to accommodate development support agencies.

SEDA currently proactively identifies partners to pool resources in order to expand its co-location points. As at the end of June 2016, SEDA has established a network of 55 branches, and 35 co-location points. In 2017, SEDA will conduct a study to identify underserviced areas in order to plan for new access points and support modalities. In 2016, SEDA has done a study on the township SMME environment as is currently piloting a model of how to assist rural & township enterprises in Hartwater (PhokwaneMunicipality), Phillipi, KwaNobuhle (Uitenhage) and Oakney (Matlosana municipality). SEDA is also looking for funding for cadet programmes in order to increase human resource capacity trained to service more clients.

2.(b) During the 2015/16 financial year, the Small Enterprise Finance Agency (SEFA) commissioned a study through an external market research organisation to:

• • 1. Review the products and services offered by the SEFA to determine whether they are aligned to the mandates of the DSBD and the sefa;
    2. Review the sefa products with respect to their effectiveness, efficiency and relevance, ensuring that they are aligned to the mandates of the DSBD and the SEFA;

A 360-degree approach was adopted to conduct the review which comprised of the following:

• • 1. Desktop research - This included an extensive literature review as well as an examination of relevant documents to assist in providing context to the review process;
    2. Interviews with SEFA’s key stakeholders were undertaken; and
    3. Surveys with beneficiaries and non-beneficiaries of the SEFA products and services were conducted to solicit their views. (Beneficiaries are described as 'Approved SMMEs and Cooperatives'. These are SMMEs and Cooperatives that were successful in their applications for funding from SEFA. The non-beneficiaries are those that were not successful in their applications for funding from SEFA.

The review focused on determining the extent to which the products and services are relevant (appropriate) and whether they are provided effectively and efficiently (i.e., whether or not the products have improved the sustainability and growth of the target beneficiaries).

The study results concluded that SEFA is reaching its target market and that its reach is extending well into rural, semi-urban and urban areas. Furthermore, the study found that SEFA products and services broadly address the needs of small businesses in a way that is consistent with policies and priorities of the government.

Seventy-three percent (73%) of the SMMEs and Co-operatives indicated that SEFA funding interventions enabled them to achieve their long-term objectives of profitability, growth, job creation and sustainability.

• • 1. Change in turnover – 87% of SMMEs and Co-operative Enterprises indicated that SEFA funding enabled a positive percentage change in their turnovers
    2. Change in employees – 92% of SMMEs and Co-operative Enterprises indicated that SEFA funding enabled a positive change in the number of employees
    3. Benefits derived from sefa funding - 94% of SMMEs indicated that overall, SEFA funding was beneficial to their businesses.

The table below indicates the audited results of SEFA funding intervention.

Financial Year	2013	2014	2015	2016	Total
Loan Financing Approved	R440m	R1,065b	R1,009b	R1,109b	R3,6 billion
Loan Financing Disbursed	R198 m	R822 m	R1,294 b	R1,168b	R3,4 billion
Enterprises Funded	28 362	46 407	68 724	54 833	193 320
Jobs Facilitated	9 853	46 402	60 169	75 670	202 876

Reply:

(1) Roshnee clinic is a municipality clinic under the jurisdiction of the then Vereeniging/Kopanong municipality which was amalgamated to form Emfuleni Municipality in the year 2000.

The clinic had four consulting rooms and rendered municipal health services which were provided 8 hours a day, five days a week excluding weekends. The clinic has never operated for 24 hours. The reasons for the closure of the clinic in 2004 were the low utilisation rate as the clinic headcount was less than 400 per month.

The resolution to close an underutilized health facility was adopted to improve the efficient utilisation of available resources as patients were redirected to Rustervaal clinic which was a 1 kilometer away from Roshnee. The decision was taken with the consultation of the community of Roshnee.

(2) No, there are currently no plans to reopen the Roshnee clinic as the services that were rendered by Roshnee clinic are rendered at Rustervaal clinic through a comprehensive integrated Primary Health Care Package. The infrastructure at Rustervaal clinic was upgraded and staffing levels increased over the years to accommodate the PHC Package of Services and the current headcount of 3450 patients per month. When Roshnee clinic was closed down it was handed back to the community and utilized as a center for children with disabilities. The center in its current state is designed to suit the needs of children with disabilities and no longer suitable or compliant for utilisation as a health facility.

END.

Reply:

(1) Yes, (a) (b) (i) and (ii) the department has found that some members of the local communities have been influenced to participate in the illegal trade in wildlife and poaching in and around the Kruger National Park. There have been instances where some of the community members are used by syndicates to pouch and support those pouchers.

Clarity needs to be given that the approach by the department and the South African National Parks is to combat, root out and stop both illegal trade and poaching, and therefore not to regulate such. Our mandate is to ensure that legal trade is well regulated hence the numerous regulations including Threatened or Protected Species Regulations (TOPS) of 2007, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Regulations of 2010, associated norms and standards, and such complemented by the permitting system adjudicated according to provincial ordinances. The Integrated Rhino Management Approach, being implemented for an example, provides a focused prioritisation of law enforcement, community engagement, biological management, and responsive legislation as its tenants. The implementation of the environmental monitors programme provides an effective interface with the local community. This complemented by the implantation of the People and Parks Programme contributes in the fight against illegal trade and poaching.

Additional Information

1. Department of Environmental Affairs

• The National Biodiversity Economy Strategy:

The National Biodiversity Economy Strategy is a 14 year strategy which is aimed at addressing developmental and growth constrains of the Biodiversity Economy in South Africa, focusing on the Bioprospecting/biotrade and wildlife subsectors, in particular. The National Biodiversity Economy Strategy serves as a suitable strategic tool to achieve this anticipated sustainable advancement for these subsectors. The strategy also recognises the significance of sustainability of these sectors through ensuring that the ecological infrastructure is safeguarded, as well as that various stakeholders play significant roles, especially the rural communities in and around areas with high biological resources, and the protected areas being one of these. The vision of the National Biodiversity Economy Strategy is to optimise economic benefits from the sustainable use of the country’s biodiversity, and provide an enabling environment for communities and entrepreneurs to participate in the biodiversity economy while contributing to poverty alleviation, sustainable development and conservation of the country’s rich biodiversity and ecosystem services. To address the issue on the illegal trade of wildlife and poaching, which also came to light during the development of the National Biodiversity Economy Strategy, the department identified and adopted principles that will ensure the sustainable growth of the sector, these include, inter alia, ensure fair and equitable beneficiation; identify incentive driven compliance to regulation and ensure ethical practices.

In light of the above, the strategy also identified a few Transformative Enabling Interventions to speak to these efforts of ensuring sustainable growth of these two subsectors and these include:

• Streamlining the Regulatory Environment: To address a range of regulatory gaps, overly complicated permitting requirements, inefficiencies and capacity constraints that limit the sector, as well as create a legislative enabling environment for business, and build confidence in the regulatory system.
• Enhancing Education, Skills and Capacity: To promote Small Micro and Medium Enterprises, to ensure that communities understand the economic value of the wildlife around them and that the young generation understands the value of protecting and sustainably utilising the wildlife.
• An economic transformation initiative: Provides an environment where the sector comprises of different players, where rural communities, women, youth and people with disability are also able to engage in economic activities that make a difference in their lives and communities.
• Advocacy for the Wildlife sector: To address the negative perceptions in the wildlife sector which will enable the growth and increased participation in the sector. Furthermore, advocacy for sustainable utilisation of genetic and biological resources which is essential to support the growth of local and international markets, and to encourage participation of communities in these markets.

• The department is implementing the Great Limpopo Trans-frontier Conservation Area (GLTFCA): Integrated Livelihood Diversification Strategy.

The aim is that such a strategy would serve to:

• develop a collective vision and integrated approach to enhancing livelihood options in the project area;
• agree on a set of strategic priorities as well as management nodes for priority attention in the first iteration of implementing the strategy (that is from 2016 to 2030);
• identify appropriate, viable and strategic livelihood initiatives that could be applied to the GLTFCA area, including where existing initiatives are working and can be scaled and shared to a wider audience;
• identify and address prevailing constraints to the success of livelihood initiatives; and
• ensure that current and future threats and risks from climate change and other anthropogenic activities (such as land uses) have been considered when identifying livelihood interventions for resilience.

This will be achieved by:

• providing a mechanism or platform to support networking between actors across the GLTFCA;
• agreeing on a common approach to monitoring and research that will support improved data-driven management, comparative analysis and enhanced impact;
• supporting good cooperative governance through coordinating existing strategies, priorities, investments and efforts to achieve synergies, avoid duplication and identify gaps;
• empowering communities to actively participate in resource management decisions;
• supporting the sharing of lessons learnt across the groups and regions, including shared information management;
• defining responsibilities to ensure that all actors are working towards their competitive advantage while also ensuring that activities are being delivered at each scale (household, community, regional levels) and time horizon (short term, medium term and long term);
• providing inputs to support proactive fundraising that is designed to demonstrate to investors and donors how their interests can be achieved by supporting our defined priorities; and
• promoting a regular review cycle to ensure plans are adjusted to changing contexts and new learnings.

The timeframe for the strategy is 15 years - from 2016 to 2030.

The Great Limpopo Trans-frontier Park (GLTP) and its implementing agencies in Mozambique, South Africa and Zimbabwe namely; Administracao Nation das Areas de Conservacao (ANAC), the South African National Parks and the Zimbabwe Parks and Wildlife Management Authority (ZPWMA) are mandated through the treaty to support the livelihoods of communities in the GLTFCA. They, through the protected areas, also have a vested interest to share benefits and create value for the local communities in conservation and associated activities. The parks (both public and private) also have a responsibility to communities to (i) mitigate negative impacts and (ii) deliver effective corporate social investment. This, notwithstanding the formal mandate for socio-economic development outside protected areas, falls under government. Civil society organisations, private sector partnerships and donors are able to support this official mandate through augmenting the resources and capacities of government. As much as possible, decision-making should be devolved to community level to ensure greatest likelihood of success and the skills and assets owned by communities themselves are recognised and strengthened. The view is that if all of these players work together on a joint and agreed upon plan, the likelihood of achieving sustainable and meaningful impacts is significantly enhanced. While elements of this strategy are framed from the perspective of the conservation authorities, we recognise that no one party on its own will be able to drive this process without the buy-in and support of others. It is proposed that the GLTFCA stakeholders and the protected areas authorities play an important role in catalysing and sustaining momentum around the establishment of such partnerships. By identifying all the existing ‘engines’ of delivery and agreeing on how they can be positioned relative to one another under the infrastructure of a shared strategy, we believe our vision can achieve a lift off.

• The department continues to implement the resolutions of the People and Parks Conferences we have hosted recently which are the culmination of the discussions in the commissions by communities, officials and interested stakeholders. One of the focuses to this is that communities are put in the centre of our efforts to combat wildlife crime, thereby ensuring that a sense of ownership is instilled in order for them to protect and value their natural heritage. Recently the department embarked on a lab activity where details of activities were determined regarding which would be executed/implemented with the view to ensuring that the communities see value in wildlife. Through these, projects earmarked to elevate the value of biodiversity are are being packaged and implemented across the sector.

• Recently the department had embarked on a Rhino Lab process which entails a stream focusing on community empowerment to prevent them from getting involved in illegal trade in wildlife and poaching. The department has also developed a 14 year National Biodiversity Economy Strategy (NBES) which will serve as a suitable strategic tool to achieve the anticipated sustainable advancement for the wildlife and bioprospecting/biotrade industries of South Africa.

To ensure successful implementation of the National Biodiversity Economy Strategy, the department recently co-hosted with the Department of Tourism a Biodiversity Delivery Lab which took place from 11 April to 13 May 2016, primarily to develop an implementation plan for the National Biodiversity Economy Strategy. The Biodiversity Economy Delivery Lab adopted the Big Fast Results (BFR) methodology which is a similar approach adopted for the country’s Operation Phakisa for Oceans Economy. The Lab brought together a team of government, industry, academics and civil society to work in an iterative manner to develop detailed implementation plans that can fast track delivery for solving complex problems/issues and unlock our biodiversity economy.

The Department of Environmental Affairs hosted two work streams in the Biodiversity Delivery Lab namely, the Wildlife, and Bioprospecting. Overall, the Lab aspirations were centred on transformation, sector sustainability and economic growth. In the process, the respective work streams were able to prioritise issues that would move the respective sectors forward within the next three years. Consequently, initiatives addressing each of the prioritised issues were developed and further unpacked in a “3-feet plan (a detailed, line by line implementation plan with assigned owners and timelines) consisting of the budget and legislative requirements to implement the identified initiatives. The initiatives developed during the Lab processes were presented through syndications with relevant Heads of National and Provincial Government Departments and Entities. This saw the adoption of the initiatives by the mentioned stakeholders and also the Heads of Department of provincial departments. The Biodiversity Economy Strategy focuses on supporting community entities that manages or own land suitable for wildlife, such as Communal Property Associations (CPAs), Traditional Authorities and Community Trusts, this work is done in partnership with other departments such as the Department of Rural Development and Land Reform and the Land Claims Commission as well as the Department of Agriculture, Forestry and Fisheries where applicable.

• In addition, the department relies on and supports all Security Clusters partners operating in these communities.

1. South African National Parks

• Community park forums intended to improve interaction between the South African National Parks and the surrounding communities and other stakeholders adjacent to national parks. These involve regular engagements around issues related to combating wildlife crime, land claims, beneficiation and other relevant matters.
• Implementation of awareness campaigns, environmental education programmes, social legacy projects around the national parks.
• Socio-economic projects designed to ensure that communities adjacent to the national parks benefit directly from the South African National Parks conservation efforts and get them involved in protection of South Africa’s biodiversity assets.

(2) Yes, the South African National Parks works with other government departments to combat poaching both inside and outside the Kruger National Park. The South African National Parks is part of the environmental cooperative governance mechanism of Government that seeks to foster cooperation and harmonisation of approaches. The Kruger National Park in particular, is the hub of anti-poaching operations aimed at combating, particularly rhino poaching. This cooperative approach involves the Security Cluster in the South African Police Service, the South African National Defence Force, as well as the Department of Home Affairs, the Department of Rural Development and Land Reform, the Department of Agriculture, Forestry and Fisheries, and the South African Revenue Services. The same lessons learnt from the implementation of this anti- rhino poaching approaches are beneficial to other wildlife species crime combating.

Additional Information

In 2014 the South African National Parks developed a National Rhino Management Strategy that places emphasis on cooperation with other government departments in respect to combating wildlife crime both inside and outside the Kruger National Park. At the core of the strategy is also the intention to relocate rhinos from high risk areas in the Kruger National Park to other low risk areas inside the park and other parks to combact poaching and to ensure continued growth of the rhino population. The aim is to stimulate growth in large protected areas while creating new rhino strongholds to offset the effects of poaching and smultaneously improving the population size.

In addition, the formal cooperation with all relevant government departments and other role-players/stakeholders is guided by the National Joint Structures and implemented from a Mission Area Joint Operations Centre. Joint planning and execution is the norm and plans are tailored to align with the national strategy that addresses four focus areas namely:

• joint anti-poaching law enforcement operations,
• biological management of the rhino population,
• the creation of long term sustainable economic and other alternatives, and
• the constant exploration of game changers such as technology appropriate solutions and the collapsing crime networks.

 

Reply:

(1) The South African government in collaboration with various medical schools and the Health Professions Council of South Africa (HPCSA) is currently preparing for the reception of South African medical students being trained in Cuba, who are expected to start arriving in South Africa in July 2018 and subsequent years.

The Department is also working closely with the Health professions Council of South Africa’s Sub-Committee for Medical Internship who are responsible to identify and accredit additional sites and posts for doctors to perform internships.

(2) In July 2015, the National Department set in motion a process to improve the placement of community service professionals and medical interns. This included a new online application system called ICSP Online, which replaced the paper-based system in use since 1998. The system was introduced in 2016 for placement of 2017 Medical Interns and Community Service.

During the implementation of the ICSP programme various challenges were experienced with the key process activities, and the use of ICSP Online. An improvement plans has been developed to address these challenges. Copy of the improvement plan is attached for ease of reference.

END.

Reply:

I have been informed by SITA as follows:

1.  Ms. Unathi Mtya was employed by SITA as the Head of Internal Information Technology division and has since resigned on 31 July 2016.

2.  SITA did not receive an application for a bursary nor award a bursary to Ms. Unathi Mtya to study at the Columbia University in New York.

a) Not applicable

b) (i) Not applicable

(ii) Not applicable

(iii) Not applicable

Reply:

 

No; The Department of Rural Development and Land Reform and the Commission on Restitution and Land Rights have no record of any land transferred to the said Authority.

Reply:

The attached table reflects the information as received from the Provinces. 

 

END.

Reply:

The Department is aware that the muti traders operating next to Faraday Taxi Rank are selling various anaimal remains and that there have been reports that some of these activities are illegal.

a) Not applicable.

(b) These types of markets are typically monitored and investigated by officials from the provincial conservation departments, both in terms of the requirements set out in provincial and national legislation. However, a decision was made at the beginning of 2016 that muti trade should be elevated to a national priority; and through MINTECH Working Group IV, the project should initially focus on compliance promotion and awareness campaigns for the “Traditional Healers”, “Muti-Traders” and “Muti-Collectors” operating at the “muti-markets” ahead of targeted compliance and enforcement activities.

The Environmental Management Inspectors (Green Scorpions) from the Department of Environmental Affairs and Gauteng Department of Agriculture and Rural Development have visited Faraday Muti Market situated in Faraday Taxi Rank in Johannesburg. The reason of this particular visit was not to conduct inspections and identify endangered species yet. The purpose for the attendance at the market was to meet with the management of the Muti Markets with regard to the compliance promotion and awareness campaign being conducted by the Department. This type of campaign is critical to ensure that those working at the market are aware of the legal requirements for trade, as well as what trade is permitted. The effectiveness and ultimate success of our monitoring and enforcement activities are strengthened if they are preceded by these types of campaigns.

On 19 January 2017, the Department of Environmental Affairs (DEA), together with Gauteng Provincial Department of Agriculture and Rural Development (GDARD), hosted the first biodiversity compliance awareness workshop in Johannesburg, Gauteng Province. The main purpose of the workshop was to bring together all traditional healers and “muti-traders” operating at the Faraday and Mai Mai markets. Further events in other provinces and additional meetings are planned for the latter part of the financial year, ahead of the more targeted compliance and enforcement work that will take place as part of this project in the 2017/18 financial year.

 

Reply:

I have been informed by SAPO as follows:

SAPO is not a registered point for issuing documents for the Department of Home Affairs.

Reply:

i. Minister Office

(aaa) 2014/15 Fin Year	(bbb) 2015-16 Fin year	(bb) since 1 April 2016
(a) N/A	(a)N/A	(a) Mercedes Benz E400
(b) N/A	(b) N/A	(b) 2017 model
(c) N/A	(c) N/A	(c) R1,2 mil
(d) N/A	(d) N/A	(d)February 2017

ii. Deputy Minister Office

(aaa) 2014/15 Fin Year	(bbb) 2015-16 Fin year	(bb) since 1 April 2016
(a) N/A	(a) N/A	(a) Porsche Cayanne GTS
(b) N/A	(b) N/A	(b) 2017 model
(c) N/A	(c N/A	(c) R1,3 mil
(d) N/A	(d) N/A	(d) November 2016

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

 

(1) Yes.

(a) The South African National Parks does have plans in place, and processes are also underway to finalise the sale of rhino that will be sourced from outside the Kruger National Park’s proposed intensive protection zone. The rhinos will be sold to buyers who meet the requirements drawn in terms of the Rhino Integrated Management Approach. The approach calls for animals to be sold to buyers who will keep them in safe areas, grow numbers and who will utilise them to generate an economy that will be to the benefit of local communities as per the Biodiversity Economy Strategy of the Department of Environmental Affairs.

(b) The South African National Parks has plans in place to relocate rhinos that fall outside of the Kruger National Park’s proposed intensive protection zone. The South African National Parks has a custodianship agreement in place that guides the relocation of animals and its management. This custodianship agreement is a tool to govern the shared custody of animals, allows for the loan of a limited number of rhinos and other animals into the custody of communities who are in possession of reinstituted land as a donation to cultivate breeding and use of land for wildlife management. The custodianship agreement also allows for the relocation of animals to emerging game farmers for the same reasons, to grow the numbers while growing the tourism estate and to contribute to the empowerment of these new entrants in the wildlife sector.

(2) Yes the custodianship programmes will continue to be linked to community empowerment projects that facilitate entry into the wildlife ranching sector as well as consistent with the Biodiversity Economy imperatives. These programmes entail a thorough assessment process that identifies suitable rhino sanctuaries through site inspections, and appropriate incentives are built into the programme. These incentives include support for operations and management, as well as capacity development. Furthermore, direct incentives will be derived from the benefits that will be generated from the enhanced operations of the participating entities and resultant income.

 

Reply:

The attached table reflects the information as obtained from the Provinces.

ANNEXURE 1

END.

Reply:

1.The current model involving the Cooperatives Incentive Scheme (CIS) that provide grant funding to the cooperatives without being integrated closely with non-financial support or post investment support has had mixed results on the development of cooperatives in South Africa. 

  1.1 On the one hand, it contributed to the sustainability of jobs through the provision of financial support coupled with training that have been provided to   cooperatives. Thus, via the CIS 246cooperatives were supported resulting in the Department creating and sustaining 1542 jobs to the tune of R75 million.

  1.2 Using various non-financial support instruments, the Small Enterprise Development Agency (SEDA) supported a total of 118 cooperatives resulting in   6239 jobs sustained.

  1.3 In addition, the Small Enterprise Finance Agency (SEFA), which applies a cooperatives value-chain model, has supported cooperatives in all sectors   of the economy including sub-sectors such as waste recycling, greenhouse and poultry farming that play critical roles in restructuring local economies,     creating jobs, and increasing disposable income available to communities.

  1.4 Furthermore, SEFA developed financing package programmes in partnership with municipalities and/or other strategic partners to support     cooperatives. Such partnerships were entered into with the Dr Kenneth Kaunda District Municipality (Waste Recycling Project) worth R35.1 million which   created 63 jobs (target 320 jobs), Chris Hani District Cooperative Development Centre - Greenhouses project (broiler production) worth R9.5 million which   is expected to create 127 jobs and Super-Grand–Poultry Farming project for R20 million – which created 12 Jobs.

  1.5 On the other hand, the CIS model provides grant funding for certain business transactions particularly involving cooperatives in the rural and township   settings whereby the challenges for development are proving to be difficult has had limited success. Most of the beneficiaries find it hard to sustain their   cooperatives given that their entrepreneurial skills are low and they rely on hand to mouth operations to sustain themselves and find it difficult to engage   in self-income generating activities, which requires medium to long term horizon to achieve incomes that could also sustain them.

  1.6 Thus, for success to be achieved the new Integrated development model must involve both financial and non-financial support deployed to work   closely together on each transaction to ensure success.

 

2. In providing impetus to the development and promotion of Cooperatives in South Africa, the Department of Small Business Development (Department) is formulating and piloting various cooperative models by kick-starting the process with the task of reviewing the Integrated Strategy on the Development and Promotion of Cooperatives adopted by Cabinet in 2012, whose output will be the final adoption of the two models that proved to be effective in developing cooperatives in the country. The one-stop-shop model involving the Cooperatives Development Agency (CDA) will be utilised to bring about this integrated support involving pairing non-financial with financial support to effect cooperatives development. This will be coupled with the provision of demand-side support measures (i.e. public and private procurement opportunities) and for cooperatives products and services and developing cooperatives networks in the form of shared services, user cooperatives, secondary cooperatives whose raison detre is to provide various support services aimed at enhancing the sustainability of primary cooperatives. In other words, the model will aim to address the following considerations, namely, ‘what works’, ‘for whom it works’, ‘why it works’, ‘how it works’ with the view to replicate and ensure cooperatives sustainability. Where the programme and projects of the model are found not to be working to optimally benefit the beneficiary cooperatives, adjustments will be made accordingly. The model(s) adopted will be designed to enable them to be open to contextually respond to relevant prototypes that are responsive to the nuanced needs of the various sectorial beneficiary cooperatives.

  2.1 The first cooperatives model that the Department is piloting contains four strategic pillars that will be utilised to promote and develop cooperatives in   the country’s economy. The first and second pillars involve the provision, on a massive scale, of non-financial and financial support services to   cooperatives, which will be implemented through the CDA in partnership with national government departments, provincial governments and district   municipalities. While various support programmes will be utilised to support cooperatives financially, cooperatives will also be encouraged to develop their   own financial systems, through the formation of cooperative banks, as envisaged in the Co-operative Banks Act, No. 40 of 2007.The CDA is one of the   institutions that will beestablished under the Cooperatives Amendment Act, No 6 of 2013 and operate under the direct supervision of the Minister of Small   Business Development.

  2.2 The third strategic pillar involves ‘creating demand for cooperatives’ products and services through leveraging the 30% public sector procurement   opportunities designated by government to benefit cooperatives and small enterprises. Transversal agreements will be entered into between the   Department and various national governmentdepartments, provincial governments and municipalities with the purpose to leverage opportunities from these   entities. The Department will also leverage private sector procurement opportunities arising from B-BBEE legislation and regulations.

  2.3 The fourth strategic pillar involves improving the sustainability of cooperatives through the formation of enterprise networks and provision of business   infrastructure support. The Enterprise Networks Programme (ENP) aims to promote the vertical and horizontal integration of cooperatives, resulting in the   creation of shared services platforms, user cooperatives and secondary sector cooperatives that are designed to support the growth of primary   cooperatives. The ENP will also be implemented through the envisaged CDA. Incubation support and after care will also play a meaningful role in   enhancing the sustainability of cooperatives.

  2.4 The fifth and last pillar aims at increasing the supply of financial support services to cooperatives. As with the other pillars, this pillar will be   implemented through the CDA. This strategy posits an integrated approach that provides adequate and relevant support and delivery mechanisms that   cover the entire collective entrepreneurship and cooperatives life cycle from pre-formation; survivalist; micro, small to medium; growth and expansion; and   turnaround of ailing cooperatives.

  2.5 In a nutshell, all support programmes for cooperatives throughout the economy will be increased and streamlined under a single, identifiable, one-  stop-shop (CDA) dedicated to cooperatives development. It is the aim of this model to ensure the establishment of a CDA that will have provincial and   district branches to aid in the implementation of the one-stop shop model. The one-stop shop model ensures an integrated and seamless support to all   the targeted cooperatives which increases the probability of success and sustainability of the entities.

 

3. The core thrust of this model underpinned by the integrated strategic approach will be the provision of support across the entire value chain of support services covering the entire spectrum from pre-  formation support, non-financial support (i.e. technical and management training, business development support, market intelligence, access to   technology, etc.), financial and post-investment support (i.e. mentorship or hand-holding, shared services support platforms, incubation and access to   market support, etc.). In addition, the model also posits the provision of the following support, namely, the on-going profiling of cooperatives, communication outreach, improving access information, conduct research, strengthening the monitoring and evaluation of impact of support services.

 

4. The second co-operative model entails developing new generation cooperatives. In the past, the focus was to solely support the development of traditional cooperatives, a shift in emphasis will now be to develop new generation cooperatives. A New Generation Co-operative (NGC) is a relatively new type of cooperative used primarily in the value-added processing of agricultural commodities. The NGC is not a specific legal structure. Rather, the term New Generation Cooperative is used to describe how a firm operates. It primarily describes the relationship between the firm and its members and how the firm is financed. Unlike traditional cooperatives, in which start-up expenses are minimal and growth is financed through members' retained earnings, permanent equity to fund NGC start-up and growth is financed through the sale of delivery rights. These delivery rights represent a member's right to deliver a specific amount of commodities to the cooperative. Members benefit in proportion to their use, and nearly all NGCs are democratically controlled through one member/one vote.

 

5. There are six primary characteristics of New Generation Cooperatives:

  5.1 Defined membership. Frequently, NGCs are referred to as closed cooperatives. The number of members in an NGC depends upon the proposed   capacity of the cooperative's operations. One of the key features of the NGC is its ability to control supply or access to the cooperative's operations. In   other types of cooperatives, members can enter and exit as they please, and cooperatives operating without marketing contracts with their members have   no way to guarantee a specific operating capacity at any one time. By limiting membership to those members who purchase the right to supply the   cooperative, the NGC is able to ensure a steady supply of the agricultural inputs required for running operations at the most efficient level possible. In an   NGC, the membership is generally not permanently closed. If the cooperative decides to expand production, for example, it could seek equity from   producers outside the initial membership.

  5.2 Delivery rights: a right and an obligation to deliver. Once members contribute equity towards the NGC, they receive the right and obligation to   deliver a specific quantity of the commodity each year. This means if producers have purchased the right to deliver 5,000 bushels of corn each year, they   must deliver 5,000 bushels-no more, no less. If they cannot deliver that amount or if the commodity does not meet the quality standards set forth in the   marketing agreement, the cooperative may have the right to buy the commodity on the producers' behalf and charge for the difference in price.

  5.3 Upfront equity required from producers. Adding value to agricultural commodities can be capital-intensive. Before lending money to a project,   banks and other lending institutions will require producers to raise part of the project cost. Often, this means producers must raise 50 percent or more of   the total project cost. If the project is estimated to cost R1million, for example, producers will need to raise R500,000 or more. Although it may be   possible to find private investors to reach the required equity level, producers are often the sole source of equity. As a way to tie members' use to the total   project equity required, the total amount to be raised is broken into smaller units. These units are tied to the amount of product required to be delivered.   A market feasibility study will help determine the most economically efficient size for the processing facility. Once you know the amount of commodities   the plant will require each year, you should then determine how to allocate this total amount into shares. For example, if the most efficient size plant   requires one million bushels of soybeans a year, you should divide one million into a specific number of shares. To determine the specific number of   shares, you should set minimum and maximum amounts of delivery rights to be purchased. To determine this, you need to balance two issues: how   many producers do you want involved in the business and what is financially viable for you and other producers to commit. For example: assume on the   R1 million project above, producers need to raise R500 000. If one million bushels a year are required to run the plant at the most efficient level, you could   divide the number of bushels into a minimum delivery right purchase of 5,000 bushels and a maximum of 50,000 bushels. Thus, the cooperative could h   have as many as 200 members or as few as 20 members.

  5.4 Delivery rights are transferable and may fluctuate in value. The delivery right is similar to a share of corporate stock because it represents a   firm's permanent equity. As with a share of corporate stock, the value of your delivery right will depend on your firm's profitability. If an NGC is successful   and provides value for its members, the delivery right may appreciate in value. If the NGC does not provide value to its members, the value of the delivery   right may decrease. Unlike stock in a public corporation, however, the delivery right has a very limited resale or trading market. To comply with antitrust   laws, tax, and registration law, NGC constitutions limit transfer to other producers and usually require the board of directors to approve any transfer.

  5.5 Marketing agreement entered into between member and cooperative. Upon purchasing delivery rights, members are required to sign a   marketing contract outlining the duties of both the members and the cooperative toward each other with respect to the delivery, quality, and quantity of   producers' commodities. These contracts are usually evergreen contracts, meaning they are for specified periods of time (from one to five years). They are   renewed automatically unless either party gives notice to the other within a window of time specified in the marketing agreement. The market agreement   often specifies the high quality standards required of members' commodities, especially in cooperatives producing consumer-level goods. The marketing   agreement outlines the specific quality required to be delivered, how quality will be measured, and the producer's rights and obligations if the quality   standard is not met.

  5.6 Members and their NGC share three primary legal relationships: Members must purchase a share of common stock or other membership   share to enable them to vote in all decisions set forth in the constitution. Members also purchase delivery rights, which are both a right and an obligation   to deliver. The delivery rights are evidenced by legal documentation and are usually transferable upon approval from the board of directors. Finally,   members must sign a marketing agreement when purchasing delivery rights and voting stock. The marketing agreement defines the rights and obligations   of both the member and cooperative toward each other with respect to the delivery of commodities from the member to the cooperative.

  5.7 As a result, members must pay money to the cooperative for both the voting stock (usually very minimal) and the delivery rights (amount varies on   project size, minimum and maximum purchase requirements, and the specific amount of commodity to be delivered by the member). Members are   required to deliver the specified quality and quantity of commodities at pre-specified intervals for the length of the marketing agreement (which is usually,   through evergreen contracts, perpetual in nature). The cooperative, in turn, is required to pay members a pre-specified price for the commodities delivered   (usually a formula price based on spot market prices at a specified exchange, with additions or subtractions based on quality). The cooperative also is   required to return any profits to members on a pre-specified schedule determined by the board of directors. Depending on operating cash requirements,   the timeline for returning profits could be immediately. Due to securities law issues, cooperatives are not actively involved in the transfer of delivery rights.   The cooperative usually requires approval from the board of directors before any transfer is complete, and sometimes an outside broker handles the   actual transfer of delivery rights.

 

6. The new generation cooperatives deal with all those risk areas that rendered the traditional cooperatives vulnerable, weak and unsustainable. These involved providing a closed market through membership ensuring members operate within the ambit of the cooperatives and cannot easily transfer its trading rights to other entity. By allowing equity ownership structure new generation cooperative can easily raise external capital which was not easy for the traditional cooperative whose democratic ownership structure made it possible to attract foreign equity owners in the traditional cooperatives. Sustainability of primary agricultural cooperatives will be guaranteed with the promotion of the utilisation of the new generation cooperative model.

 

7. The core beneficiaries of the two models are poor households, youth, women and men. The two models are to focus on developing cooperatives in rural and township areas in critical sectors such as agriculture, construction, retail/consumer cooperatives, Cooperatives Financial Institution (CFI), Arts and Craft, Textile, and Informal Sectors of the economy. This does not mean other sectors are excluded, it only means that these will be given priority

The new models, which among others, place a considerable emphasis on community development,are envisaged to be rolled-out effectively during the 2017/18 financial year. The envisaged outcome with respect to the implementation of the models will be an increase in the number and sustainability of cooperatives, which will, in return, contribute to employment creation and poverty reduction thus assist government to move closer to fulfilling the socio-economic goals set out in the National Development Plan.

Reply:

1.   (a)(b)(c)All mining permits (processing of dumps) that were issued over these properties have lapsed, however, two mining rights have been granted and issued respectively.

(i)(ii) Samancor Chrome – granted for Chrome

Lebowa Platinum Mines (Bokoni Platinum Mines) – Issued for All minerals on different reef/seam

2.   The Department is working with law enforcement agencies and have also opened cases at the local police station. According to the latest developments, a lot of machineries were confiscated / impounded on site. The Department will continue to work with law enforcement agencies hoping that the perpetrators will be successfully prosecuted. The Department has served notices to most perpetrators as part of administrative enforcement but furthermore opened cases as part of criminal enforcement.

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

1.   With reference to question 1727, the paymentmade was for Kruger National Park not for Malamala.

With reference to question 1728, the Commission on Restitution of Land Rights (CRLR) received 24 land claims lodged by individuals/ communities against the properties belonging toSabie Sand Game Resrve. Malamala Game Reserve is within Sabie Sand Game Reserve.

The claimants have lodged claims in the area against 21 properties, consisting of 63 portions, measuring 65 000 hectares. The CRLR has by now managed to partially restore 6 properties, consisting of 9 portions, measuring 13 184 hectares, which properties used to belong to MalaMala Game Reserve.

2.  In terms of the Restitution process, verification which entails compiling a list of originally dispossessed individuals and their households,was completed before the approval and handover. A Communal Property Association was set up and is called Nwandlamhari Communal Property Association.

3.   The agreed (average market related) price per hectare was done after an extensive analysis of comparable sales by three valuation experts who were representing all the three parties involved in the court case; namely, the Minister through the Commission, Landowners and Claimants.

The court had also concluded that the compensation which the State will have to pay in the event of expropriation will be at least a ballpark figure of R791, 289, 492 in respect of the land and the improvement thereon. This amount did not include any amount for actual financial loss which the the landowners were likely to claim, and if considered, the eventual compensation would be in excess of R1 billion rand.

The upwards valuation per hectare of the purchase price in the MalaMala land claim was justified taking into account that valuation was first commissioned in 2007, and settlement only happened during 2012/2013 financial year. The final offer was also guided by the provisions of Section 25 of the Constitution.

 

Reply:

(a) (i)(ii)(iii) There were no raids conducted at a certain address (details furnished) in 2015, 2016 and since 1 January 2017.

(b) (c) Not Applicable

Reply:

1. The audit that the Department conducted in partnership with the Industrial Development Corporation (IDC) provided a baseline of municipal and provincially owned tourism assets. This report was made available to all provinces for project and budget planning purposes.
2. The Department of Tourism has not support any project based on the outcomes of the report as yet. However, province would in a better position to share further detailed information regarding their respective tourism assets.

Reply:

Richards Bay CAS 61/12/2015 was sent to court on 2 November 2016 for decision.

The docket was returned to the investigating officer on 14 December 2016 with follow-up directives and a submission date of on or before 24 February 2017. The charge sheet will only be drafted by the Prosecutor once a decision on the charges to be laid is finalised.

Reply:

 

1. No, I do not intend to resign. I have referred the matter to the Office of the Public Protector for investigation as the complainant. I have also requested that a lifestyle audit be conducted on me, from 1994 when I became a public representative as Speaker of the Eastern Cape Provincial Legislature (1994 – 1999); as MEC: Housing, Local Government and Traditional Affairs (1999 – 2004); as MEC: Agriculture (2004 to 2009); and, as Minister for Rural Development and Land Reform (2009 to date).
2. Yes. In the 2011/12 financial year, I requested the President to issue a Proclamation (R23 of 2012) to authorise the Special Investigating Unit (SIU) to investigate allegations of theft, fraud, corruption and maladministration in relation to the Land Reform Programme of the Department. These investigations are currently ongoing. As a result of these investigations, several farms have been seized by the Asset Forfeiture Unit; and,29 (1 Eastern Cape, 2 Free State and 26 KwaZulu Natal) of these were handed back to the Department during November 2016. Some of these matters are currently before the Courts.

As a result of the magnitude of the allegations of maladministration, financial mismanagement and/or fraud and corruption in certain PLAS and Recap farms, the then head of the SIU, Advocate Soni, requested the Department to conduct scoping exercises with a view to narrowing down forensic and related investigations for effective results. I,then, initiated several internal scoping and external forensic investigations, including Bekendvlei, into alleged irregularities in relation to the PLAS and Recap Farms. The Department is currently implementing the recommendations of the completed reports, in this regard.

Reply:

The response is tabulated below.

Member of Parliament	Make	(b) Model	(c) Price	(d) Date	Financial Year
(i) Minister	Not applicable	(aaa) 2014/15
	Audi	Audi Q7	R680 878.04	29 September 2015	(bbb) 2015/16
	Not applicable	(bb) Since 1 April 2016
(ii) Deputy Minister	Not applicable	(aaa) 2014/15
	BMW	335GT	R727 770.02	7 March 2016	(bbb) 2015/16
	Not applicable	(bb) Since 1 April 2016

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 357 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(1)(a)

The average price payable under the Renewable Energy (RE) IPP Programme, covering the production coming only from the RE projects signed in 2011, ending 30 September 2016 was 218 c/kWh, whereas for the RE projects announced in 2015, the production cost averages 62 c/kWh.

Eskom aggregate cost of coal produced electricity in 2016 is s 44.1 c/kWh. Kindly note that in order to make a like for like comparison, the Eskom marginal cost of production of coal generated power (determined by Medupi and Kusile) is not known as yet, but is believed to be in excess of 100 c/kWh.

(1)(b)

The average Eskom winter tariff is 105.1 c / kWh and the summer tariff is 73.5 c / kWh. The average annual Eskom tariff is 81.4 c / kWh, and it will escalate according to the tariff increase application to be submitted to NERSA (Eskom has applied for further tariff increases in the period from 2016 onwards and it is not as yet clear where this will end). In order to compare Eskom’s production costs to the production costs under the coal IPP Programme, the two coal IPPs will sell the electricity at 80,955 c/kWh and 79,71c/kWh respectively, without any tariff increases (the only escalation will be for inflation) for the next 30 years. We expect Eskom’s aggregate tariff to increase even higher than for IPPs within the next 3 years.

(2)(a)

Renewable Energy IPP contracts have a term of 20 years.

2(b)

The B-BBEE policy as promulgated under the BBEEE Act applies to IPPs as well.

2(c)

All IPPs are BBEEE compliant.

Reply:

(a)(b) There were no cases reported to the Directorate for Priority Crime Investigation on corruption allegations at any of the educational institutions in question.

Reply:

1.  Relating to Ministerial approved programmes, i.e. National Certificate (Vocational) and Report 191 excluding occupational programmes, the number of students are as follows:

Financial Year	2014/15	2015/16	2016/17 (Original)	(c) 2016/17 (Revised)
Target Headcount	650 000	660 000	755 000	664 748
Actual Headcount	670 455	664 748	To be confirmed	To be confirmed
Total Full-Time Equivalents (FTE’s)	325 507	322 737	368 888	322 737
Funded FTE’s	235 714	233 708	238 744	233 708
Unfunded FTE’s	89 793	89 029	130 144	89 029

2.  TVET Fiscus budget allocations:

Funding Classification	2014/15	2015/16	2016/17
	R’000	R’000	R’000
Compensation of Employees	2 540 505	4 943 262	5 168 971
Other subsidies towards staff costs	1 796 776	Shifted to compensation of employees due to migration on 1 April 2015
Capital Expenditure	0	0	0
Transfers and Subsidies	1 399 051	1 140 945	1 274 848
Total Budget Allocation	5 736 332	6 179 574	6 443 819

The total fiscus funded budget for Technical and Vocational Education and Training (TVET) colleges for 2014/15 was R5.7 billion increasing to R6.4 billion in 2016/17. The budget caters for the salary costs and operational costs relating to the TVET Colleges. Based on the National Norms and Standards for funding TVET Colleges (NNSF-TVET), the budgets should be applied to the following economic categories:

Category	Percentage
Compensation of employees	63%
Non-personnel Non-Capital	27%
Capital infrastructure maintenance (repairs and maintenance)	10%
Total	100%

Compensation of Employees:

In 2014/15, subsidies towards staff costs were made to TVET colleges for salary costs of employees who were appointed and paid by the College Council as a Conditional Grant via the Provincial Education Departments. These employees were offering Ministerial approved programmes. From 1 April 2015, these employees were migrated to the Department as part of the function shift processes and the Provincial Conditional Grant was discontinued.

Capital Expenditure:

Since the last recapitalisation of TVET Colleges in 2009, no additional funding was allocated by the National Treasury to supplement capital expenditure at TVET colleges.

Transfers and Subsidies:

These funds are directly transferred to TVET colleges in three payments each year. These funds are mainly used to cater for operational costs such as water, electricity, services, learner and teaching materials, protective clothing, etc. in order to deliver effective and efficient teaching and learning.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 386 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(a),(i) to (iv); (b) and (c)

The table below reflects the total number of police stations or satellite police stations that were opened since 1994, to date, in (i) Limpopo, (ii) Gauteng, (iii) Mpumalanga and (iv) North West provinces, (b) and the number of police stations that were subsequently closed and the reasons for their closure:

PROVINCE	POLICE STATION	SATELLITE	YEAR OPENED (since 1994 to date)	YEAR CLOSED	REASONS FOR CLOSURE
Limpopo		Muyexe	2010	Operational
Limpopo		Bandelierkop	2010	Operational
Limpopo	Mashashane		2012	Operational
Limpopo	Masemola		2011	Operational
Limpopo	Westenburg		2012	Operational
Limpopo	Muswodi		2016	Operational
Limpopo	Vhulaudzi		2016	Operational
Limpopo	Mokwakwaila		2015	Operational
Limpopo	Botlokwa		2010	Operational
Limpopo	Rakgoadi		2015	Operational
Limpopo	Matlerekeng		2016	Operational
Limpopo	Sebayeng		2013	Operational
Gauteng	Orange Farms		1997	Operational
Gauteng	Ivory Park		1997	Operational
Gauteng		Marabastad	2010	2015	The Community didnot want it anymore
Gauteng		Munsieville	1998	Operational
Gauteng		Zandspruit	2008	Operational	Poor facilities
Gauteng		Welverdiend	1998	Operational
Gauteng		Kocksoord	2001	1999	Investigation underway to re-open it
Gauteng	Katlehong North		2012	Operational
Gauteng	Zonkizizwe		2002	Operational
Gauteng	Midrand		2005	Operational
Gauteng	Temba		2006	Operational
Gauteng	Bekkersdal		2012	Operational
Gauteng	Moffatview		2012	Operational
Gauteng	Mamelodi East		2007	Operational
Gauteng	Eersterust		2008	Operational
Gauteng		Azaadville	2006	2010	Closed due to Sector Policing being implemented
Gauteng		Geluksdal	1996	2011	Closed due to the new TsakanePolice Station which is 1 km away from the Satellite
Gauteng		Zuurbekom	2012	Operational	Operational daily from 08:00 to 16:00
Gauteng	Vaal Marina		2012	Operational
Gauteng	Tembisa South		2014	Operational
Gauteng		Morula Sun	1998	2014	Insufficient personnel - Sector Policing
Gauteng		Phutanong	1999	Operational
Gauteng		Braam Fischer	2014	Operational
Gauteng		Glenharvie	2015	Operational
Gauteng		Melville	1994	2005	Insufficient Personnel - Sector Policing
Gauteng		Zithobeni	2002	2014	Burned down by community
Gauteng	Moffatview		2012	Operational
Gauteng	Olievenhoutbosch		2010	Operational
Gauteng		Cosmo City	2010	Operational
Gauteng		Thembelihle	2002	2011	Personnel Shortage (Security of SAPS members)

PROVINCE	POLICE STATION	SATELLITE	YEAR OPENED (since 1994 to date)	YEAR CLOSED	REASONS FOR CLOSURE
Mpumalanga	Pienaar		2004	Operational
Mpumalanga	Mbuzini		2013	Operational
Mpumalanga	Phola		2016	Operational
Mpumalanga		Ximhungwe	2009	Operational
Mpumalanga		Daggakraal	2000	Operational
Mpumalanga		Driefontein	1998	Operational
Mpumalanga		Badfontein	2003	Operational
Mpumalanga		Siyathemba	Post 1994	2000	Burned down during public protests
Mpumalanga		Emjindini	Post 1994	2015	Burned down during public protests
Mpumalanga		Botleng	Post 1994	2010	Building dilapidated
Mpumalanga		Tjakastad	Post 1994	2015	Burned down during public protests
Mpumalanga		Kwazamokuhle	Post 1994	2013	Burned down during public protests
Mpumalanga		Msogwaba	Post 1994	2004	New Police Station constructed (Pienaar)
Mpumalanga		Daanjie	Post 1994	2004	New Police Station constructed (Pienaar)
Mpumalanga		Hectorspuit	Post 1994	2009	Insufficient Workload
Mpumalanga		Lebohang	Post 1994	2008	Burned down during public protests
Mpumalanga		Badfontein	Post 1994	2014	Insufficient workload
Mpumalanga		Dundonald	Post 1994	2015	New Police Station in Planning Phase
Mpumalanga		Phola	Post 1994	2015	Upgraded to a Fully Fledged Police Station
Mpumalanga		Thuthukani	Post 1994	2011	Burned down during public protests
Mpumalanga		Phungutsha	Post 1994	2014	Police Station under construction
Mpumalanga		Kamhlushwa	Post 1994	2014	Police Station under construction

PROVINCE	POLICE STATION	SATELLITE	YEAR OPENED (since 1994 to date)	YEAR CLOSED	REASONS FOR CLOSURE
North West		Tigane	2010	Operational
North West		Skeerpoort	2010	Operational
North West	Hebron		2010	Operational
North West	Huhudi		2006	Operational	Satellite upgraded to Police Station
North West		Dinokana	1998	Operational
North West	Lethabong		1996	Operational
North West	Lichtenburg		2010	Operational
North West		Disaneng	2000	Operational
North West		Wonderkop	2010	Operational
North West		Bapong	2016	Operational
North West		Freedom Park	2010	Operational
North West		Monakato	2010	Operational
North West		Waterfall Mall	2013	Operational
North West	Sun City		1998	Operational
North West		Mabeskraal	2004	Operational
North West		Kokomeng	1998	Operational
North West		Zinniaville	2010	Operational
North West		Braklaagte	2010	Operational
North West	Bapong		Being built, not opened yet
North West	MoekaVuma		Being built, not opened yet
North West	Mareetsane		Being built, not opened yet
North West	Mabeskraal		Being built, not opened yet
North West	Dwarsberg		Being built, not opened yet

Reply:

(1)(a)(i)(aa) Primaryco-operatives have been funded by the Department of Small Business Development

CO-OPERATIVE INCENTIVE SCHEME
DEPARTMENT	YEAR	NUMBER OF APPLICATIONS APPROVED	VALUE OF APPLICATIONS APPROVED	ESTIMATED NO OF JOB CREATED	VALUE OF DISBURSEMENT
Small Business Development	2014-15	207	R 56 103 695	1359	R 64 965 564
Small Business Development	2015-16	247	R 84 423 016	1872	R 75 000 000
Small Business Development	2016-YTD	172	R52 891 797.54	1115	R 47 214 253.97
Total A	626	R 193 418 508.54	3603	R 187 179 817.97

Table 1 – CIS under DSBD

Breakdown of funded primary cooperatives under DSBD

Link for Table 2.1 below depicts DSBD CIS programme data for the 2014/15 Financial Year

RNW10-170310Table2 1

Link for Table 2.2 below depicts DSBD CIS programme data for the 2015/16 Financial Year (Primary Co-operatives)

RNW10-170310Table2 2

Link for Table 2.3 below depicts DSBD CIS programme data for the period April 2016 to date

RNW10-170310Table2 3

(1)(a)(ii)(aa) Secondary co-operatives have been funded by the Department of Small Business Development

There was only one secondary co-operative supported, information is provided in the table below:

Table 3

TOTAL NUMBER OF BENEFICIARIES 2015/16 (SECONDARY MARKETING)
Province	No. of Approved Projects	Approved Amount	% Per Province	Total Supported	Total
Limpopo	1	R7,648,690.00	100	1	R7,648,690.00

 

(1)(a)(i)(bb) Primaryco-operatives have been funded by the Department of Trade and Industry (the dti)

Table 4 below depicts thedti CIS programme data for primary co-operatives:

CO-OPERATIVE INCENTIVE SCHEME
Department	YEAR	NUMBER OF APPLICATIONS APPROVED	VALUE OF APPLICATIONS APPROVED	ESTIMATED NO OF JOB CREATED	VALUE OF DISBURSEMENT
Trade and Industry	2008/09	93	R 14 634 075	744	R 9 330 000
Trade and Industry	2009/10	224	R 47 345 447	1792	R 34 523 371
Trade and Industry	2010/11	235	R 55 228 903	1880	R 44 170 626
Trade and Industry	2011/12	182	R 47 824 520	1456	R 52 555 674
Trade and Industry	2012/13	314	R 85 323 599	2512	R 64 979 000
Trade and Industry	2013/14	243	R 62 331 729	1944	R 75 479 830
Total (B)	1291	R 312 688 273	10328	R 281 038 501

(1)(a)(ii)(bb) Secondary co-operatives have been funded by the Department of Trade and Industry

No secondary co-operatives were funded by the Department of Trade and Industry

Table 5: Grand Total

Department	Number of approved projects	Value approved	Estimated no. of jobs supported	Disbursements
Small Business Development	626	R 193 418 508	3603	R 187 179 818
Trade and Industry	1291	R 312 688 273	10328	R 281 038 501
Grand Total	1917	R 506 106 782	13 931	R 468 218 319

2. Specified co-operatives still operating

Not all the funded projects have been visited after implementation of the interventions. Post investment support is done on a sampling basis.

Link to Table 5 below depicts CIS post investment verification for the financial years 2013/14 and 2014/15

RNW10-170310Table5

NB: There are still 165 fully paid projects that are in the process of being monitored.

It should be noted that the function of monitoring was done by the monitoring and evaluation Chief Directorate under the dti when the CIS Unit was still part of the department. Therefore, due to capacity constraints, only one hundred and eighteen projects were visited post disbursement and plans are afoot to remedy the situation into the future.

The CIS Unit and Seda are currently piloting a working relationship whereby all new applications will be received through Seda branches and as well as conducting post disbursements visits to all funded cooperatives. The CIS unit has not been able to fully perform this function after being migrated from the dti to the DSBD. Post investment support was conducted through a chief directorate unit focusing on Monitoring and Evaluation (M & E) while the CIS Unit was still at the dti. the dti was able to publish two M & E reports for financial years 2013/14 and 2014/15. Since migration no full M& E has been conducted to date.

Reply:

No.

A.  The Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) provides for asset forfeiture in respect of the proceeds of crime or instrumentalities of crime. The Service may conduct investigations where a person has allegedly benefited from crime. The outcome of such investigations must be reported to the Asset Forfeiture Unit of the National Prosecuting Authority to facilitate the forfeiture of assets.

B.  Section 23 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004) provides that the National Director of Public Prosecutions (“NDPP”), may apply to a judge for an investigative direction in respect of a person who maintains a standard of living which is not proportionate to his or her past or present income or assets.  If the application is authorised, the NDPP may question the suspect or any other person to produce evidence or to answer questions.  

C.  (i)    See above.

     (ii)   Not applicable.

D.   Not applicable.

Reply:

(i) MINISTER

Inherited from Minister Ben Martins

	YZB713GP	BZ93DBGP
(a) Make	BMW	LEXUS
(b) Model	X5	LX570
(c ) Price	R 789 924.00	R1 084 312.37
(d) Date of purchase	Apr-10	Aug-12

(ii) DEPUTY MINISTER

	CA954053	BZ84KGGP
(a) Make	BMW	BMW
(b) Model	X6	535i Gran Turismo
(c ) Price	R 790 000.00	R789 634.50
(d) Date of purchase	Sep-12	Aug-12

(aa) (aaa) 2014-15

The vehicles mentioned in (i) and (ii) above, were used by the Principals during this period.

(aa) (bbb) 2015-16

The vehicles mentioned in (i) and (ii) above, were used by the Principals during this period.

(bb) since 1 April 2016

The vehicles mentioned in (i) and (ii) above, were used by the Principals during this period.

Reply:

The Department received the question, reviewed its contents against its mandate and has determined that the most appropriate respondent should be the Department of Public Enterprises.

Reply:

The table below provides the amounts as budgeted for, for the different programmes in the different department in the Medium Term Expenditure Framework (MTEF) period.

Spending in terms of the budgeted allocation for the current financial year will only be available after the financial year.

The table below also provides information in terms of the kind or type of support each department will provide with regard to the budgeted amounts.

Department	Incentives/Initiative/Public Entity	Briefly explain Purpose/Possible Duplication within Government	2016/17	2017/18	2018/19	Total MTEF
			R'000	R'000	R'000	R'000
DHS (NURCHA)	Loans to emerging contractors	Affordable housing development	345 000	360 000	390 000	1 095 000
DHS (NURCHA)	Loans to emerging contractors	Infrastructure development	180 000	180 000	270 000	630 000
DHS (RHLF)	Incremental loans to retail intermediaries and CBO's for housing development in rural areas	Rural housing financing and development	225 000	277 000	305 400	807 400
DSBD	Black Business Supplier Development Programme	Is a cost sharing grant offered to small black-owned enterprises to help them in improving the competitiveness and sustainability	245 000	256 750	270 953	772 703
DSBD	Cooperatives Incentive Scheme	Is a cost sharing grant offered to cooperatives to help them in improving the competitiveness and sustainability	75 000	78 750	83 318	237 068
DSBD	Industrial Development Corporation: Craft customised Sector Programme	Establishment of a Sector Coordinating Body, Enterprise Development Programme, Establishment of Craft Hubs, Market Access and Research and Development	10 000	10 000	10 000	30 000
DSBD	National Informal Business Upliftment Scheme	To create a conductive business environment for informal businesses and provide adequate skills and infrastructure	95 698	99 406	103 138	298 242
DSBD	Enterprise Incubation Programme	To provide funding for incubators that can generate revenue through the provision of services and initiatives that can be self-sustainable	46 274	49 665	54 737	150 676
DSBD	Small Enterprise Development Agency	Provides non-financial support through advice, consultancy, training, and monitoring, and assisting SMMEs with technology through the technology programme.	633 814	743 132	786 233	2 163 179
DMR	Industrial Development Corporation of South Africa (IDC)	Implementation of small scale mining projects	27 434	28 805	30 476	86 715
DMR	Marginal Mines	This entails providing subsidies to marginal mines to pump extraneous water from underground mine openings; and researching, developing and implementing strategic solutions for mine water management.	5 275	5 555	5 877	16 707
Tourism	Tourism Incentive Programme	To assist SMMEs to participate in local and international trade exhibitions, thus creating direct linkages with international tourism companies.	188 931	188 002	198 777	575 710
DST	Technology Innovation Agency	To support the development and commercialisation of new products from SME through the technology station and technology platform programmes	382 364	396 732	420 322	1 199 418
RURAL	Rural Enterprise and Industrial Development	The creation of an enabling institutional environment for sustainable rural development,	390 628	417 478	449 986	1 258 092
DAFF	Comprehensive Agricultural Support Programme	Provides post settlement support to targeted beneficiaries of land reform and redistribution	1 565 090	1 678 413	1 769 821	5 013 324
DAFF	Cooperatives and Rural Enterprise Development	Facilitates and supports the development of businesses to ensure the transformation of the agriculture, forestry and fisheries products	120 334	73 119	74 880	268 333
DAFF	Agro-processing and Marketing	Develops and implements support programmes to promote market access and value addition for agriculture, forestry and fisheries products	55 921	63 425	66 662	186 008
EDD	Small Enterprise Finance Agency	Focuses on developing SMMEs by providing access to finance.	213 124	223 780	236 759	673 663
Total Spending on SMMEs	4 804 887	5 130 012	5 527 339	15 462 238

Reply:

1.  Minister

No vehicles were purchased for the Minister during 2014/15 and 2015/2016 Financial Years

2.  Deputy- Minister

	Year	(a)Make	(b)Model	(c ) Price	(d)Date
(aa) Financial Year	(aaa) 2014-2015	Audi Q7 TDI (Pretoria) Mercedes Benz (Cape Town)	2014 2014	R878 701.47 R762 443.19	17 January 2015 19 February 2015
	(bbb) 2015-2016	None	N/A	N/A	N/A
(bb) Since	1 April 2016	None	N/A	N/A	N/A

Reply:

The Agricultural Sector Education and Training Authority (AgriSETA) did not incur similar costs in support of board members’ travel and accommodation in the past three financial years.

COMPILER/CONTACT PERSONS:

EXT:

MR GF QONDE

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 438 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

A.   The Danger Allowance Dispensation was terminated in 2001 in the South African Police Service (SAPS) with the conclusion of Safety and Security Sectoral Bargaining Council (SSSBC) Agreement 4 of 2001.

Agreement 4/2001, introduced a Service Allowance,taking into consideration the unique situation of the SAPS with regard to the affordability of the danger allowance and other allowances. The Agreement was a consolidation of the Danger Allowance, Special Danger Allowance and Standby Allowance into one amount of R400,00.

B.   The amount has never been reviewed since 2001, and it is currently on the agenda of the SSSBC, for review.

Reply:

(i).   The Minister

No new vehicles were purchased in (aaa) 2014-15; (bbb) 2015-16 financial years and (bb) since 1 April 2016

1. Not applicable
2. Not applicable
3. Not applicable
4. Not applicable (

(ii).   The Deputy Minister

No new vehicles were purchased in (aaa) 2014-15; (bbb) 2015-16 financial years and (bb) since 1 April 2016

1. Not applicable
2. Not applicable
3. Not applicable
4. Not applicable

Reply:

(i) Late Minister Chabane.

1. Make: Volkswagen
2. Model: Touareg 3.0
3. Price: R 755 720.82
4. Purchased date: 25 July 2014

aa) None

aaa) 2014-15 Financial Year

bbb) None

bb) None

NB: Subsequently written off due to accident.

(i) Minister Ramatlhodi.

a) Make: Ford

b) Model: Everest 3.2D LTD 4X4 6At

c) Price: 714 500.40

d) Purchased date: 18 April 2016

aa) None

aaa) None

bbb) None

bb) 2016-17 Financial Year

(ii) Deputy Minister Dlodlo.

1. Make: Audi
2. Model: Audi A8 3.0 TDI QuatrroTip-tronic
3. Price: 750 000.00
4. Purchased order date: 02 June 2016

aa) None

aaa) None

bbb) None

bb) 2016-17 Financial Year

(ii) Deputy Minister Dlodlo.

1. Make: Audi
2. Model: Audi A7 Sportback3.0 TDI Tip-tronic
3. Price: 735 700.00
4. Purchased order date: 20 June 2016

aa) None

aaa) None

bbb) None

bb) 2016-17 Financial Year

END

Reply:

No. The Minister for Public Service and Administration is not vested with legislative authority to oversee the implementation of the Protected Disclosures Act, Act 26 of 2000 (PDA). The powers to oversee the implementation of this piece of legislation are vested with the Minister responsible for the administration of Justice. The ambit of application of this Act goes beyond the functions and powers of the Minister for Public Service and Administration. However, we have embraced the intrinsic principle of reporting emanating from PDA and have infused this as an ethical value for employees in the Public Service. In terms of the Code of Conduct, which is an integral part of the Public Service Regulations, 2016, reporting of acts of corruption, fraud, nepotism and maladministration is an ethical duty for all employees in the Public Service.

END

Reply:

Budgets for pending cases, involving employees, is the responsibility of individual national and provincial Accounting Officers. The Ministry for Public Service and Administration thus does not have detailed information on such budgets.

END

Reply:

1.   The Department of Home Affairs (DHA) has undertaken two backlog projects in 2001 and 2006 with a view of reducing the backlog. While these projects were able to resolve most outstanding claims, they were not able to prevent the re-occurrence of the backlog. The problem is complex and as a result of many interlinked causes.

To address the existing backlog of appeal hearings it is necessary to contextualize the backlog: -

• In terms of section 13 of the Refugee Act (No 130 of 1998), the Refugee Appeal Board (RAB) must consist of a Chairperson and at least two other members. In the past members of the RAB would hear matters individually for each appeal.
• As explained under question 2649 (b) in the Harerimana v Chairperson of the RAB and others the honourable Judge Dennis Davis ordered RAB to sit as a quorum of 50 percent of members plus one of the members for each appeal hearing or at least two members.

• Apart from the capacity constraints the subsequent dilemma is if only two members sit to hear an appeal and they disagree they cannot come to a decision. As a consequence, RAB was advised to sit as a quorum consisting of the three members (at this point the Chairperson and two members) which will then be properly constituted. The main rationale appears to be that sitting as a quorum of three facilitates the process of decision-making.
• As at the end of January 2017, RAB consisted of one member based in Cape Town and an acting Chairperson based in Pretoria. This chronic incapacity was as a result, of the end of contract of the previous RAB Chairperson as well as the resignation of three RAB members around the same time in middle 2016.
• The DHA has about 90 Refugee Status Determination Offices (RSDO’s) based at the five Refugee Reception Offices on average these RSDO’s may hear and determine between four and seven applications per day. If the applicant is rejected as unfounded by the RSDO, he or she has a right to appeal to the RAB within 30 days. Most applicants for asylum are rejected as “unfounded” and almost all such rejections are appealed against. This further strains the backlog.

In order to address the immediate challenges of the incapacity, the Minister of Home Affairs appointed a new Chairperson for RAB on 07 February 2017. As a matter of urgency, RAB re-started appeal hearings on 20 February 2017 on the basis that it is now properly constituted. All three current members are conducting these appeal hearings sitting as a quorum.

There is also an imminent appointment of two additional members by the Minister of Home Affairs. These two members are going through the internal interview and vetting processes. The Minister will in this regard also make the appointment after the conclusion of these internal processes. (It must be noted that there is challenges in attracting qualified legal refugee experts to a mandate with such a high backlog and low salary band). As soon as the interview and vetting process is completed, it is planned that the members be based at the Durban and Musina Refugee Reception Centres, respectively. It is also planned, that the Chairperson and another member, as may be required, will travel to these centres to hold appeal hearings as an interim measure in anticipation of the adoption of the new amendments in particular related to the quorum requirements.

According to RAB statistics there are 1287 judicial review cases that were served on RAB to date. This is another capacity constraint.

Year -	No of cases
2013 to 2014	132
2014 to 2015	230
2015 to 2016	663
2016 to 2017	262 (to date)

The reasons for the high number of reviews are the following, firstly, the decisions taken by RAB as an individual member after the Harerimana case was decided in November 2011. At the time, the previous Chairperson of RAB failed to apply the judgement and continued with hearings as individual members in some instances. Secondly, reviews are submitted in order for RAB to provide a hearing date. These reviews are mainly to compel the extension of the asylum seekers permit and to order RAB to provide a hearing date.

In this regard, RAB has undertaken an open dialogue with legal representatives of the appellants to prioritise certain cases. These cases include legal challenges to demand a hearing date and cases where a single member in contravention of the quorum requirements took decisions. This process is ongoing and intended to reduce the number of legal proceedings against RAB. RAB also intends to approach organisations such as Lawyers for Human Rights, Wits Law Clinic, UCT Law Clinic and other interested representatives to open this dialogue. (It should be noted, that at this stage there are very few of these reviews based on the merits of the case.)

During July 2015, the United Nations High Commissioner for Refugees (UNHCR) and representatives of South Africa had a high-level bilateral meeting in Geneva. The parties had agreed to develop a backlog project to address the outstanding RAB appeal cases. The project has not taken off due to the incapacity constraints listed above and financial constraints on both sides. The project was to run for three years ending in 2019.

RAB is continuing the dialogue with the UNHCR under the above agreement. RAB has approached the UNHCR and reopened discussion about the backlog project and its implementation. In this regard, the UNHCR was also approached to assist RAB with the development and financing of a comprehensive case management system. This system will be central to the management of any backlog project and will streamline the management of individual cases. The system will also provide a means to undertake a proactive approach to avoid a re-occurring backlog. The discussion is ongoing but promising.

At this stage, RAB is conducting hearings on an average of five to ten cases per day dependent on the complexity of cases. It has an estimated backlog of 258 232 cases with 92 535 active and 165 697 inactive cases. The institutional incapacity in this regard is evident and multifaceted. The institutional incapacity cannot be a problem that the DHA can alleviate on its own. Therefore, we are in discussion with all interested parties. This is in its infant stage.

2.   Yes, as discussed above the legislative amendments will play a key role in alleviating the current incapacity and thus assist in management of the backlog. Although the legislative changes is important there is more to be done in order to address the specified backlog and to manage the caseload proactively. For example, another key requirement in proactive management of the backlog is a case management system (discussed above). This will strengthen resource management and can pinpoint how to address institutional incapacity.

3.  (a) Since May 2016, no decision was taken by RAB members due to the resignation of three members and the end of contract of the previous Chairperson. It is unclear in how many appeal hearings RAB was improperly constituted.

3.  (b) The impact is not measurable at this point, however, as a result of the improperly constituted RAB hearings this has opened the RAB decisions to judicial review and these reviews are likely to be successful if submitted to a High Court. As mentioned above the total number of reviews on hand is 1287 cases. A percentage of this number is reviews based on the lack of a quorum. This percentage will have a marginal effect on the backlog, compared with the total backlog, if these matters are referred back to RAB.

Reply:

(1)  (a) The final interdict could not be enforced and Transnet was required to proceed with the institution of an eviction application in accordance with the Prevention of Illegal Eviction from Unlawful Occupation of Land Act (“PIE Act”).

      (b) Transnet has applied for a court date and are currently waiting for same.

(2) Transnet has read the corrective measures given by the Ekurhuleni Metropolitan Police department; Corrective measures were for Transnet to:

• Write an email to EMM to discuss the land issues
• Obtain a court interdict
• Fence off the premises and organise their own security until the property is fenced off.

(3) Transnet has an Informal Settlements Strategy that has been approved through internal structures to deal with informal settlements that are on Transnet land including cases similar to Elandsfontein

____________________________

Siyabonga Gama

Group Chief Executive:

Transnet SOC Ltd

Date:

Reply:

1.  Processes of the Commission

The restitution process is carried out in 6 steps or phases as follows:

2.  Lodgement and Registration of a claim

The lodgment of land claims is the first step in the restitution process. The Commission is required to assist the claimants in the lodgement of the claims. The current deadline to lodge claims is 31 December 1998.

On 27 March 2014 the National Council of Provinces passed the Restitution of Land Rights Amendment Bill.

A claim may be lodged by (1) a person that was dispossessed, (2) the direct descendants of the person (where such person is deceased), (3) an estate, or (4) a community.

The qualification criteria for claims are that a person, direct descendant of a person, estate, or community must have:

1. Been dispossessed;
2. Of a right in land;
3. After 19 June 1913;
4. As a result of past racially discriminatory laws or practices;
5. Has lodged a claim before the cut-off date for lodgement of claims;
6. Was not, at the time of dispossession, paid compensation or any other consideration that is just and equitable (as determined in terms of section 25 (3) of the Constitution.
7. Screening and Categorisation

Once a claim is lodged it is screened to determine whether all the information required to lodge a claim was submitted, the type of the claim, the location of the claimed land, etc.

3.  Research / Investigation

In terms of the current Rules Regulating Procedure in the Commission, research takes place in two phases.

The first phase involves a determination of whether a claim is not excluded by the requirements of restitution. Where a claim is not excluded, it is accepted for further investigation and details of the claim are published in the Government Gazette. Where a claim is excluded, the Commission may reject that claim if it is frivolous and vexatious. Claims that are frivolous or vexatious are claims that do not have substance, or which are patently bogus.

The second phase involves a more thorough research that determines whether the claim meets the requirements for restitution. Claims that meet the requirements will proceed to the next stage. Where it is discovered at this stage that the claim does not meet the requirements, the claim will be de-gazetted (i.e. the publication of the details of the claims will be withdrawn).

4.  Negotiations

All parties to a claim (including current owner of claimed land, claimant and other right holder on the claimed land) are convened and discussions held about how a claim will be settled. This will involve provision of all information to the affected parties; and the claimant being required to indicate the form of restitution (i.e. restoration of land, alternative land, or financial compensation, or a combination of the above). Where the claimant choses financial compensation, the current owner of the claimed land ceases to become an interested party. Where the claimant has opted for the restoration of the land discussions will be held for the acquisition of the land by the State (on the basis of a valuation).

5.  Settlement or Referral to Court

Where no agreement can be reached on settlement the claim is referred to the Land Claims Court. If there is an agreement, the settlement is referred to the Minister.

6.  Implementation

If an award is made by the Minister (on the basis of the agreement that was reached) or Court (through an order) the award or order is implemented by the acquisition of the land and its transfer to the claimant or payment of financial compensation where the award is for payment of financial compensation. Development assistance is provided where land is awarded.

1. The qualification criteria for claims are that a person, direct descendant of a person, estate, or community must have:

• Been dispossessed;
• Of a right in land;
• After 19 June 1913;
• As a result of past racially discriminatory laws or practices;
• Has lodged a claim before the cut-off date for lodgement of claims;

Was not, at the time of dispossession, paid compensation or any other consideration that is just and equitable (as determined in terms of section 25 (3) of the Constitution.

7.  The claim is become invalid if those not meet the requirement of the restitution act.Where a claim is excluded, the Commission may reject that claim if it is frivolous and vexatious. Claims that are frivolous or vexatious are claims that do not have substance, or which are patently bogus.

Reply:

(a) The requested statistics of the number of people who died whilst in custody at Lindela is as follows:-

2007 – 10

2008 - 5

2009 - 1

2010 - 3

2011 - 3

2012 - 4

2013 - 2

2014 - 6

2015 - 7

2016 – 6

All these deaths occurred after the deportees were referred by the clinic at Lindela to the Leratong hospital in Krugersdorp. Only one person actually died within the facility in 2016 shortly after arrival at the facility. The person did not show visible signs of illness.

(b) The police cells at the South African Police Services (SAPS) are utilised for the detention of suspected or confirmed illegal immigrants, pending their direct deportation to their countries of origin or transferred to the Lindela Holding Facility. The SAPS statistics for any deaths in detention are not available to the Department of Home Affairs (DHA).

Prior to the proclamation of the “Determination of Places of Detention of Illegal Foreigners pending deportation” in Government Gazette No.534 in terms of s34 (1) of the Immigration Act 13 of 2002 on 22 June 2015, illegal immigrants were also held in correctional facilities. The statistics of the Department of Correctional Services (DCS) for the period prior to the declaration are not available to the DHA.

Reply:

The reply in question was 

(a) Submitted on the 14 November 2016 to the Joint Standing Committee on Intelligence for tabling.

Reply:

1. The matter was assigned to a Senior State Advocate within the Special Commercial Crime Unit who was tasked with the review of the report.

2. (a) Yes,

  (b) The National Prosecuting Authority is currently preparing its own report based on the findings of the curator. It is this report which will indicate what the next course of action should be. It is not possible to say at this stage whether or not the matter will be referred for further investigation as that will be dependent on the recommendations to be made in the said report. The finalisation of the said report took extraordinarily long because the report of the curator is quite voluminous. However, the indications are that the report is reaching its final stages, and will be concluded within a short space of time.

Reply:

(a) (b) (c) (d) (i) (aaa) (bbb) (bb) 

Minister Davies

No vehicles were purchased for Minister Davies during the 2014-15 and 2015-16 financial years. New vehicles were purchased in the 2016-17 financial year due to the fact that the existing vehicles had exceeded 120 000 kilometers and were deemed to be in violation of the security regulation and transport policy for Executive Authorities.

Make	Model	Price	Purchase Date
Toyota Fortuner	2016	R625 718.94	28 July 2016
Toyota Fortuner	2016	R623 788.94	28 July 2016

(a) (b) (c) (d) (ii) (aa) (aaa) (bbb) (bb)

Deputy Minister Masina

No vehicles were purchased for Deputy Minister Masina for the 2014-15 financial years. The vehicles below were purchased in the 2015-16 financial year. No other vehicles were purchased after 1 April 2016.

Make	Model	Price	Purchase Date
BMW X5	2014	R966 112.14	27 November 2015
BMW X5	2015	R900 309.48	22 December 2015

 

Reply:

1.  Based on the third quarter of 2016/17 financial year statistical reports received from provinces and national departments, there are:

2.  (a) (i) 45 employees who are on precautionary suspension in national departments; and

(ii) 24 employees who are on precautionary suspension in provincial departments.

(b) In the provinces, of the 24 employees on precautionary suspension in 2(a)(ii), 23 employees were suspended for the period requested, as follows:

(i) Fourteen (14) precautionary suspensions that are more than six month but less than one year;

(ii) Four (4) precautionary suspensions are more than one year but less than two years; and

(iii) Five (5) precautionary suspensions for two years and more.

3.  Based on the reports received from provinces and national departments, the total cost of precautionary suspensions since 1 April 2016 is:

(a) R24 001 864.08 in national departments; and

(b) R112 465 834.37 in provincial departments.

END

Reply:

A. The statement was made on the understanding that no one is above the law and traffic law enforcement officers should apply existing laws equally to all the people in the country. No additional plans are required to apply already existing law without fear, favour or prejudice.

B. (i) This will be measured by the number of people caught breaking road traffic regulations.

    (ii) The law prescribes sufficient detailson punitive measures to be imposed on the road traffic offenders. These measures must be imposed to all offenders without any exception.

Reply:

1. Yes, there are external moderation and examination processes in place at all institutions. This is a programme accreditation prerequisite as stated by the Council on Higher Education (CHE) in accordance with its programme accreditation criteria (refer to Criteria for Programme Accreditation, CHE, 2004).

Student Evaluation and Assessment Procedures must be explicitly stated in the Student Assessment Policies and Procedures of each university in accordance with Criterion 6, which states: “External moderation of students’ learning achievements by appropriately qualified personnel. Moderators are appointed in terms of clear criteria and procedures and conduct their responsibilities in terms of clear guidelines.”

In addition, Criterion 13 (CHE, 2004: 19-20) states:

“The programme has effective assessment practices which include internal (or external) assessment, as well as internal and external moderation.” Criterion 13 explicitly states that, in order for a programme to be accredited and offered by a university. The learning achievements of students on the exit level of a qualification are externally moderated by appropriately qualified people who have been appointed according to clear criteria and procedures and who conduct their responsibilities in terms of clear guidelines. External moderation includes the following:

• External moderators are recommended by the examining academic department, are independent experts in their fields, have qualifications at least on the same level as the qualification being examined, are changed regularly, are not appointed as part of reciprocal arrangements (where possible), and are approved by and responsible to Senate/equivalent body.
• The institution provides information on the curriculum and on continuous assessment, and guidelines to assist external moderators in the completion of their reports.
• External moderators mark fully at the exit level of the programme at least 10 percent of the examination scripts for each paper written and do random checks of at least 20 percent of examination scripts for each paper.
• Completed external moderator reports are returned to the lecturer concerned and also to the programme coordinator or head of department/school. Problems are discussed with the lecturer concerned and the programme coordinator monitors the implementation of agreed improvements. External moderators approve the final marks list for the qualification concerned.
• External moderators are expected to comment on the validity of the assessment instruments, the quality of student performance and the standard of student attainment, the reliability of the marking process, and any concerns or irregularities with respect to the observation of institutional/professional regulations.”

(2) (a) Academics from South African as well as from (b) international universities are utilised as external examiners. Such external examiners and moderators must adhere to the minimum criteria for examiners as set by the CHE in its Criteria for Programme Accreditation. At least one external examiner must be utilised for the examination and moderation of dissertations and theses. Their expertise to serve as external examiners is in accordance with the criteria for programme accreditation.

(b) The actual external examiners change and evolve continuously, regardless of whether they are from South African or international institutions. The Department does not collect information on the institutions from which external examiners are drawn. Examiners are used in all exit level examinations in major fields of study in programmes at National Qualifications Framework (NQF) Levels 7 to 10. This is a quality assurance requirement.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 164 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

In 2007 the Council on Higher Education (CHE) conducted a review of academic and professional programmes in education. The outcome of this review for the University of Zululand (UniZulu) for the Bachelor of Education (B.Ed) Foundation/Intermediate Phase was that it was accredited with conditions and the programme was put on notice of withdrawal. At the time, the university was required to review its education programmes and resubmit them for evaluation. Partly in response to the CHE review, the Department reviewed the teacher education policy and published a new policy (The Policy on Minimum Requirements for Teacher Education Qualifications in 2011). UniZulu, like all other universities, was required to redevelop all their teacher education qualifications to meet the requirements of the new policy. UniZulu redeveloped its B.Ed and submitted to the CHE.

1. The CHE has evaluated the new Higher Education Qualifications Sub-Framework (HEQSF) aligned Bachelor of Education degree designed in line with the new policy on teacher education qualifications offered by the University of Zululand. The Higher Education Quality Committee (HEQC) of the CHE accredited all the submitted B.Ed programmes on 9 February 2017, with between one to four short-term conditions. These conditions must be met within three months of the accreditation letter. The institution is permitted to offer the qualification and register students on the new HEQSF aligned programme in 2017.
2. (a) In 2015, there were 5 052 enrolments for the B Ed qualification at UniZulu and in 2016, there were 5 076 enrolments (preliminary 2016 data - still to be audited).  (b) It is not possible to provide 2017 enrolments at this time.
3. (a) Not applicable. (b) Accreditation has been granted for new qualifications as specified above. These new HEQSF aligned B.Ed programmes may only be offered after 9 February 2017. These specific qualifications may not be retrospectively awarded. Students registered in prior years were registered on the old Norms and Standards for Educators (2000) aligned qualifications. The accreditation of the old B.Ed qualifications, while on notice of withdrawal, were never disaccredited by the HEQC. Therefore all B.Ed students registered at UniZulu prior to 2017 were enrolled in accredited programmes and were not disadvantaged.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 254 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Reference must be made rather to Roving road blocks and not roving traffic Hotspots. The roving road blocks are also known as Mini Road side check points as opposed to fully fleshed road blocks with all the Road Traffic Signs displayed as prescribed in the Road Block Manual.

(a) The coordination of these roving road blocks is done within the provincial coordinating structures and Law Enforcement Technical Committee (LETCOM) to optimize the use and sharing of limited resources.

(b) The objectives of operations are to reduce road crashes and make road safe; target un-roadworthy vehicles and unfit drivers such as drunk drivers; and increase visibility of officers on the road.

(c) Number of Road blocks is (i) 74 382

(ii) The Road Blocks were conducted in all provinces.

(d) These operations are informed by the Road Traffic Intelligence report and situational analysis per area.

(e)Successes and failures are determined by number of crashes in the province, and number of arrests of drunk drivers.

(f) (i) Lesson learned is that there is a need for stronger coordination of joint operationsto be guided from national level and provincewith identified critical locations to be assisted through the deployment of the National Traffic Police resources from time to time.

(ii) Each province is currently establishing coordinating structures to plan and optimize coordination.

Reply:

(1) The Department does not prescribe specific student textbooks per subject in Technical and Vocational Education and Training (TVET) colleges as this is not a suitable model to use in a post-school vocational learning environment.

Students in TVET colleges do not pay for their textbooks. It is a requirement that colleges must provide every student with a minimum of one textbook per subject per level until the student has passed the subject. This is funded through the Voted Funds transferred to colleges. This principle applies to all the Ministerially-funded programmes and qualifications offered in TVET colleges.

I am aware of the high cost of knowledge resources (including prescribed textbooks, academic books, journals and e-journals and databases) relating to university education. While there is no specific initiative to deal with prescribed textbooks on their own, there have been two related initiatives linked to the issue of creating efficiencies and bringing down the costs of such resources. These are:

1. engagements with National Treasury and the South African Revenue Service around the issue of Value Added Tax and other taxes on knowledge resources; and
2. a process for enabling national negotiations with publishers on e-resources (initially e-journals and databases) with the long-term aim of to enable the establishment of a national digital library, including e-text books.

(2) The Department has an ongoing relationship with all publishers of student textbooks, actively involved in the college market, since 2006. Regular written and oral communication takes place between the relevant branch of the Department and related publishers in the form of correspondence and meetings to address specific needs and requirements for student textbooks.

TVET colleges have access to lists and prices of textbooks available in the sector and subject committees in these institutions select textbooks based on set criteria.

Most colleges procure student textbooks directly from publishers, to reduce the knock-on cost along the distribution value chain, although booksellers sometimes play an important role to relieve the burden on colleges to procure a wide variety of student textbooks needed for a range of programmes being offered in these institutions.

No significant annual increase in prices of student textbooks happened since 2006. In some instances, the increase has been as little as R5 per textbook costing in the region of R200. In 2016, one publisher dropped their prices as a result of healthy competition amongst publishers in a relatively small market compared to the schools market.

To date colleges have not complained about the cost of textbooks. Currently, what could pose a problem is the over-enrolment of students in colleges, which may lead to cash flow challenges resulting in institutions avoiding purchasing new textbooks for all students. The Department is aware of such challenges and is currently dealing with these as urgent cases and attention is given for immediate resolution.

I am prepared to engage with universities and the publishing industry. The Department, in collaboration with the Department of Science and Technology (DST) has started this process through a focus on national site licenses for e-journals and databases which are prohibitively expensive and are not accessible to all universities and their students. Currently, universities and science councils purchase individual licenses to access electronic databases, with many not being in a position to afford the associated fees to enable an effective range of resources to support high level teaching, learning and research. Between 2014 and 2016, the Department commissioned the Academy of Science of South Africa (ASSAf) to investigate and assist with evaluating options for implementing national site licenses for access to electronic journals and databases. The investigation, which was jointly overseen by the Department and DST, has recently been concluded. The investigation suggests that the establishment of national site licenses, through a high level national negotiating team, would bring about substantial savings, while at the same time improve equity of access to e-journals and databases across the university and science sectors. A process for taking this work forward is currently being worked on.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 240 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(1) (a) For damages caused by protesting students in the 2015 academic year, an amount of R40.496 million was budgeted as follows: University of Fort Hare (R8 million), University of Zululand (R4.5 million), University of the Western Cape (R25.858 million), Walter Sisulu University (R351 287) and University of Limpopo (R1.786 million). No additional funding was provided to any other university. Some universities have claimed or are in the process of claiming from their insurance or have used their own funds to cover the repairs required.

(b) Government’s contribution for the zero percent fee increase for the 2016 academic year amounted to R1.935 billion and was allocated and paid to universities as indicated in the table below.

 

2016 Zero percent fee increase

University	Government's Contribution (2016) R'000
Cape Peninsula University of Technology (CPUT)	78 489
Central University of Technology (CUT)	22 521
Durban University of Technology (DUT)	49 837
University of Free State (UFS)	56 950
University of Mpumalanga (UMP)	5 055
Nelson Mandela Metropolitan University (NMMU)	36 400
North West University (NWU)	134 180
University of Pretoria (UP)	132 123
Rhodes University (RU)	42 903
Sol Plaatje University (SPU)	5 340
Stellenbosch University (SU)	79 274
Tshwane University of Technology (TUT)	148 953
University of Cape Town (UCT)	134 572
University of Johannesburg (UJ)	139 868
University of KwaZulu-Natal (UKZN)	125 000
University of South Africa (UNISA)	202 323
Vaal University of Technology (VUT)	35 095
University of Witwatersrand (WITS)	145 428
University of Fort Hare (UFH)	42 932
University of Limpopo (UL)	46 621
Mangosuthu University of Technology (MUT)	39 540
Sefako Makgatho Health Sciences University (SMU)	23 089
University of Zululand (UNIZULU)	35 050
University of Western Cape (UWC)	56 000
University of Venda (UNIVEN)	33 904
Walter Sisulu University (WSU)	83 933
Grand total	1 935 380

(c) The amount to cover fee increases up to a cap of 8% for students from families with an income of up to R600 000 for the 2017 academic year amounts to R2.460 billion. This was not a zero percent increase. These funds are not in the Department’s budget baseline but has been reprioritised from the National Skills Fund (NSF). Upfront payments to universities amounting to R1.045 billion will be transferred in three equal payments before 31 March 2017. This amount is equal to 50% of the upfront payments that universities received in January 2016 for the 0% fee increase allocation. The balance of the allocation will be paid to universities once the process of identifying missing middle students has been finalised with universities. The transfer of the balance of the funding will only be done upon the receipt of the database of the poor and missing middle cohort (ID, name, student number, 2017 tuition fees, 2017 accommodation fees and fees adjustment) as agreed with the universities. The table below shows the amount to be transferred to each university up to the end of March 2017.

University	Government’s Contribution (2016) R’000	Upfront payment – January – 31 March 2017
		Allocation R’000	2 February 2017 R’000	28 February 2017 R’000	31 March 2017 R’000
Eighteen universities – 50% of 2016 allocation
CPUT	78 489	39 245	13 081	13 081	13 083
CUT	22 521	11 261	3 753	3 753	3 755
DUT	49 837	24 919	8 306	8 306	8 307
UFS	56 950	28 475	9 491	9 491	9 493
UMP	5 055	2 528	842	842	844
NMMU	36 400	18 200	6 066	6 066	6 068
NWU	134 180	67 090	22 363	22 363	22 364
UP	132 123	66 061	22 020	22 020	22 021
RU	42 903	21 452	7 150	7 150	7 152
SPU	5 340	2 670	890	890	890
SU	79 274	39 637	13 212	13 212	13 213
TUT	148 953	74 476	24 825	24 825	24 826
UCT	134 572	67 286	22 428	22 428	22 430
UJ	139 868	69 934	23 311	23 311	23 312
UKZN	125 000	62 500	20 833	20 833	20 834
UNISA	202 323	101 161	33 720	33 720	33 721
VUT	35 095	17 547	5 849	5 849	5 849
WITS	145 428	72 714	24 238	24 238	24 238
Historically Disadvantaged Universities – 75% of 2016 allocation
UFH	42 932	32 199	10 733	10 733	10 733
UL	46 621	34 966	11 655	11 655	11 656
MUT	39 540	29 655	9 885	9 885	9 885
*SMU	23 089	4 500	1 500	1 500	1 500
UNIZULU	35 050	26 288	8 762	8 762	8 764
UWC	56 000	42 000	14 000	14 000	14 000
UNIVEN	33 904	25 428	8 476	8 476	8 476
WSU	83 933	62 950	20 983	20 983	20 984
GRAND TOTAL	1 935 380	1 045 142	348 372	348 372	348 398

*SMU had a 0% fee increase, however an allocation was made for the increase in their residence fee.

(2) All amounts indicated for each university for damages caused by protesting students and the zero percent fee increase for 2016 have been transferred. For the fee increases for students from a family with an income of up to R600 000 for the 2017 academic year, R352.652 million was released at the end of January 2017 and the other two equal tranches will be released at the end of February and March 2017. The balance of the allocation will be paid to universities once the process to identify missing middle students has been finalised as per the process map and the quantum of funding per university is officially communicated to the Department.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 165 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE: