Questions and Replies

Reply:

1. The revitalization of the industrial parks was informed by a scoping exercise in 2015 which was followed by a detailed assessment conducted in 2016. Further the dti facilitated a symposium involving all the industrial parks as well as the local councils and provincial representatives. The purpose of the symposium was to strengthen collaboration across all stakeholders including development of future funding models for the sustainability of the Industrial parks. Standard operating procedures for the industrial parks are being developed which will detail amongst other things funding models including the implementation of concessions and rebates. In addition, the development of an investor handbook is underway to be completed by March 2018.

2. An implementation plan was drawn up outlining a phased approach to be followed in revitalizing the industrial parks. This included prioritizing the critical infrastructure needs of the various industrial parks. The first and second phases provide for security and bulk infrastructure upgrades whilst the last two phases will address the investor specific infrastructure needs including top structure upgrades and strengthening the management capacity in the industrial parks. In addition, the dti is supporting the firms located in the industrial parks through the cluster development programme to enhance their competitiveness.

Reply:

a) There was no virement requested by any organization. In accordance with the PFMA, the dti shifted funds from goods and services to Household: Gifts & Sponsorship line item to cater for the sponsorship requests received.

b) The remainder of the funds has not been used.

c) Regoapele Capital Wealth Engineering submitted a proposal of funding in a form of a donation for the launch of a mobile ICT application at the dti and the request was considered in terms of the sponsorship policy and the premise of potential value and contribution towards the strategic objectives of the dti.

d) Regoapele Capital Wealth Engineering was introduced to the Special Economic Zones & Economic Transformation Division of the dti by Progressive Youth in Business (PYB), who although is indicated as such in the in the adjustment budget, did not receive funding for this project. Regoapele Capital Wealth Engineering was approved and paid R100 000

e) The Public Finance Management Act (PFMA) and the National Treasury Regulations (NTR) provide broad guidelines for managing contributions towards sponsorships and gifts. This policy aims to provide guidelines that dti staff may follow when making donations. The policy is based on the PFMA and aims to support and complement the dti's Fraud Prevention Plan, as well as its code of conduct for government officials. The aim of sponsorship must always be to advance the dti’s aims, as defined in the Estimates of National Expenditure (Vote 32), and the aims of its supportive programmes.

f) The company applied for the donation to cover the launch of the Mobile based Application initiative that will serve as a platform to connect youth led initiatives with government departments, DFIs, JSE listed companies amongst others in providing access to information, technical and expert advice as well as improved access to incentives.

.

Reply:

1. No, a service provider will not be appointed to draw up the implementation plan arising from the National Integrated ICT Policy white paper; (a) Yes, (b) further internal consultation on the draft implementation plan; (i) No requirement exists to publish the implementation plan in the Gazette and (ii) since the implementation plan forms part of the Annual Performace Plan of the Department, no special budget is required.

2. There is no requirement to publish the implementation plan.

Reply:

According to the National Credit Regulator -

The credit providers that offer the loans as stated above and are registered with the NCR are the following:

• Ithala Limited
• Risima Housing Finance Corporation
• VBS Mutual Bank

Reply:

1(a) Yes, the Minister of Telecommunications and Postal Services led a delegation to the Internet Governance Forum (IGF) in Guadalajara (5-6 December 2016) and Benchmarking Visit on Wireless Open Access Network in Mexico City (7-8 December 2016). This was one trip.

(b) The following officials accompanied the Minister to Mexico:

• Ms Nonkqubela Thathakahle Jordan-Dyani;
• Ms Palesa Legoze;
• Mr Siyabulela Qoza;
• Mr Sipho Joe Mjwara; and
• Mr Dick Sono.

(i) The purpose of participating at the Internet Governance Forum (IGF) was to present the African position on internet governance issues. South Africa hosted the African Internet Governance Forum in October 2016, which adopted a number of resolutions which South Africa presented at the global Internet Governance Forum, as African common positions.

The second part of the visit to Mexico City was to benchmark on Mexico’s open access wireless network model as part of conducting a comparative analysis with countries with similar sector plans and socio-economic conditions and levels of development.

(ii) Internet Governance Forum (IGF): 5 – 6 December 2016 in Guadalajara:

• Minister
• Ms Ntandoyeningi Sithebe (Minister’s Spouse)
• Mr Siyabulela Qoza (Departmental official)
• Ms Nonkqubela Jordan-Dyani (Departmental official)
• Ms Palesa Legoze (Departmental official) attended the IGF from 5 – 9 December 2016)

Benchmarking visit on Wireless Open Access Network model: 7 to 8 December 2016 in Mexico City:

• Minister
• Ms Ntandoyeningi Sithebe (Minister’s Spouse)
• Mr Sipho Joe Mjwara (Departmental official)
• Ms Nonkqubela Jordan-Dyani (Departmental official)
• Mr Dick Sono (Departmental official)
• Mr Siyabulela Qoza (Departmental official)

(iii) Internet Governance Forum

• Internet Society (ISOC)
• Internet Corporation for Assigned Names and Numbers (ICANN)
• United Nations Department of Economic and Social Affairs (UN DESA)
• World Economic Forum (WEF)
• Governor of Guadalajara
• Minister of Science & Information Technology

Benchmarking on Wireless Open Access Network

• • Telcel a subsidiary of América Móvil the largest mobile and fixed operator in Mexico
  • National Secretaría de Comunicaciones y Transportes (Secretariat – Department of Communication and Transport)
  • Meeting with Mexican State Telecommunications Experts (former and new Regulators)
  • Instituto Federal de Telecomunicaciones (Federal Institute of Telecommunications)

(iv) Internet Governance Forum

• Participated in the development of a training programme to build on capacity as a country on internet management, internet architecture and policy development.
• South Africa has joined the Internet for All programme which seeks to improve universal access, uptake and usage of the internet.
• South Africa will participate in capacity building and training programmes offered by the World Economic Forum (WEF) and its partners on digital economy

Benchmarking on Wireless Open Access Network

• • The role of the new regulator in managing both network infrastructure roll-out and competition matters.
  • Lessons learnt from ongoing efforts to introduce Wholesale Open Access in Mexico to promote competition and therefore universal access to affordable quality services.
  • Mexico like South Africa is a developing country which is grappling with the restructuring of the market.
  • Private-Public-Partnership models in universal access connectivity.

(aa) R 671 704.49

(bb) Internet Governance Forum: 3 to 7 December (including travel dates)

Benchmarking on Wireless Open Access Network: 7 to 10 December (including travel dates).

2. Yes, Minister’s spouse, Ms Ntandoyeningi Sithebe accompanied the Minister to Mexico in line with the Ministerial Handbook. Total cost for her travel was R 110 200.00.

Reply:

(1) (a) A Regulatory Impact Assessment has been replaced by the Socio-Economic Impact Assessment System (SEIAS) in line with a Cabinet directive; (b) It is a requirement by Cabinet to submit a SEIAS report with any new policy that Cabinet must approve. The SEIAS report on the National Integrated ICT Policy White Paper, which is available on the Department’s website, was approved by the DPME and accordingly submitted with the policy document when it was approved by Cabinet on 28 September 2016.

(2) The evidence included but was not limited to:

Both the National Development Plan (NDP) and SA Connect refer to open access as the basis of the future market structure for the ICT sector. The call for open access was also included in the report of the ICT Policy Review Panel which was appointed by the Department to advise on the development of the final policy. In addition to the work of the panel, we also undertook international benchmarking with countries which have implemented Open Access or seek to implement Open Access Network as a mechanism to address public safety, broadband roll-out, limitations with scarce spectrum resource, competition, remove barriers to entry through introduction of Mobile Virtual Network Operators (MVNO), and market failures.

Reply:

(a)(b)(c)(d) Yes.

The following members, who are working at the Family Violence Child Protection and Sexual Offences (FCS) Units, have the following criminal records:

FREE STATE PROVINCE
(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Crime(s) convicted
Nele James Adoons	Captain	Smithfield FCS	Station and CAS: Zastron, CAS 3/07/1986, Theft. Date of conviction: 1986-07-02. Date of sentence: 1986-07-02. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Jeremane Walter Motaung	Warrant Officer	Thabong FCS	Station and CAS: Welkom, CAS 78/03/2015, Reckless and negligent driving. Date of conviction: 2016-02-08. Date of sentence: 2016-02-08. Station and CAS: Tseki, CAS 127/11/2004, Reckless and/or negligent driving. Date of conviction: 2007-07-11. Date of sentence: 2007-07-11. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable. Station and CAS: Phuthaditjaba, CAS 157/05/2006, Assault Common. Date of conviction: 2006-05-22. Date of sentence: 2006-05-22. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Tshepo Elias Maleme	Warrant Officer	Welkom FCS	Station and CAS: Klerksdorp, CAS 822/08/1996, Theft. Date of conviction: 1997-01-10. Date of sentence: 1997-01-10. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable. Station and CAS: Bothaville, CAS 26/10/1991, Negligent loss of firearm. Date of conviction: 1992-01-13. Date of sentence: 1992-01-13. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Moeene Esau Monei	Warrant Officer	Welkom FCS	Station and CAS: Welkom, CAS 57/06/2015, Reckless and/or negligent driving. Date of conviction: 2016-04-21. Date of sentence: 2016-04-21. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Shadrack Gugulethu Booi	Warrant Officer	Mangaung FCS	Station and CAS: Springfontein, CAS 3/09/1989 Assault Common. Date of conviction: 1989-09-26. Date of sentence: 1989-09-26. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Fikile Michael Qavani	Warrant Officer	Mangaung FCS	Station and CAS: Batho, CAS 610/05/1991, Reckless and/or negligent driving. Date of conviction: 1992-02-05. Date of sentence: 1992-02-05. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Daniel Rahladi Maloka	Warrant officer	Phuthaditjhaba FCS	Station and CAS: Tseki, CAS 151/03/2005, Driving a vehicle on a public road without reasonable consideration for any other person using the road and reckless and/or negligent driving. Date of conviction: 2006-06-05. Date of sentence: 2006-06-05. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: not applicable.
Thabo Driving Mohale	Warrant Officer	Phuthaditjhaba FCS	Station and CAS: Phuthaditjhaba, CAS 219/02/2010, Reckless and/or negligent driving. Date of conviction: 2010-07-12. Date of sentence: 2010-07-12. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Johannes Rantjepela Masisa	Warrant Officer	Selosesha FCS	Station and CAS: Tweespruit CAS 21/11/2007, Assault Common. Date of conviction: 2008-02-05. Date of sentence: 2008-02-05, Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Michael Thabang Lepoqo	Warrant Officer	Selosesha FCS	Station and CAS: Botshabelo, CAS 447/05/2008, assault Common. Date of conviction: 2010/07/26. Date of sentence: 2010/07/26. Station and CAS: Botshabelo, CAS 14/03/1994, Reckless and/or negligent driving. Date of conviction: 1994-08-04. Date of sentence: 1994-08-04. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Pinky Puseletso Maureen Mohlaping	Sergeant	Ficksburg FCS	Station and CAS: Ficksburg, CAS 63/09/2010, Fraud (Social Assistance Act, receiving social assistance knowing that she is not entitled thereto, or not entitled to the full amount). Date of conviction: 2010-10-07. Date of sentence: 2010-10-07. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Pule William Modisenyane	Sergeant	Tumahole FCS	Station and CAS: Park Road, CAS 442/09/2007, assault common. Date of conviction: 2007-11-02. Date of sentence: 2007-11-02. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Lebohang William Mohai	Sergeant	Selosesha FCS	Station and CAS: Boithuso, CAS 248/10/2009, Reckless and negligent driving. Date of conviction: 2010-10-21. Date of sentence: 2010-10-21. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Christina Kgayane	Sergeant	Zamdela FCS	Station and CAS: Sasolburg, CAS 493/03/2011, Driving a vehicle on a public road without reasonable consideration for any other person using the road. Date of conviction: 2011-12-22. Date of sentence: 2011-12-22. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable. Station and CAS: Park Road, CAS 1753/11/1998, theft. Date of conviction: 1998-12-02. Date of sentence: 1998-12-02. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Elizabeth Puleng Mohlakane	Constable	Bethlehem FCS	Station and CAS: Park Road, CAS 566/03/2010, Fraud (Social Assistance Act, receiving social assistance knowing that she is not entitled thereto, or not entitled to the full amount). Date of conviction: 2010-04-08. Date of sentence: 2010-04-08. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Elizabeth Mamotshidisi Phiri	Constable	Mangaung FCS	Station and CAS: Park Road, CAS 346/10/2008, Fraud (Social Assistance Act, receiving social assistance knowing that she is not entitled thereto, or not entitled to the full amount). Date of conviction: 2008-10-28. Date of sentence: 2008-10-28. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Johannes Mandla Vikiduku Kambula	Constable	Zamdela FCS	Station and CAS: Zamdela, CAS 305/04/2013, Reckless and/or negligent driving. Date of conviction: 2014-07-18. Date of sentence: 2014-07-18. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Isaac Mothibedi Ntsepe	Constable	Trompsburg FCS	Station and CAS: Park Road, CAS 327/08/2009, Reckless and/or negligent driving. Date of conviction: 2010-09-01. Date of sentence: 2010-09-01. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Isaac Thembile Mananze	Constable	Trompsburg FCS	Station and CAS: Edenburg, CAS 21/06/2014, Reckless and/or negligent driving. Date of conviction: 2015-11-04. Date of sentence: 2015-11-04. Criminal charges condoned: No If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Tys Morake Tloome	Constable	Selosesha FCS	Station and CAS: Thaba Nchu, CAS 97/06/2014, Using a vehicle on a public road without reasonable consideration for any other person using the road- convicted. Date of conviction: 2016-03-07. Date of sentence: 2016-03-07. Criminal charges condoned: No. If yes, details: Not applicable.   Criminal conviction expunged: No. If yes, details: Not applicable.

(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Crime(s) convicted
EASTERN CAPE PROVINCE
Nani WV	Lieutenant Colonel	Queenstown FCS	Station and CAS: Dimbaza, CAS 129/12/98, assault. Date of conviction: 2001/08/06. Date of sentence: 2001/08/06. Criminal charges condoned: No.
GAUTENG PROVINCE
(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Crime(s) convicted
SJ Morolong	Captain	Katlehong FCS	Station and CAS: Vereeniging, CAS 253/11/1987, theft. Date of conviction: 1987-11-13. Date of sentence: 1987-11-13. Reckless and/or negligent driving. Date of conviction: 2008-07-28. Date of sentence: 2008-07-28. Criminal charges condoned: Yes. Criminal conviction expunged: No. If yes, details: Not applicable.
M Ramoshaba	Captain	PTA Central FCS	Station and CAS: Parkview, CAS 886/09/1994, Defeating the course of Justice. Date of conviction: 1995-02-21. Date of sentence: 1995-03-31. Criminal charges condoned: Yes. If yes, details: Guilty. Criminal conviction expunged: No. If yes, details: Not applicable.
TT Bvuma	Captain	Krugersdorp FCS	Station and CAS: Jeppe, CAS 575/04/1992, Contravention of the Hire Purchase Act. Date of conviction: 1993-06-18. Date of sentence: 1993-06-18. Criminal charges condoned: Yes. If yes, details: CAS invalid. Criminal conviction expunged: No. If yes, details: Not applicable.
GA Shilabi	Warrant Officer	PHO FCS	Station and CAS: Daveyton, CAS 465/02/2010, Road Traffic Act. Date of conviction: 2002-10-17. Date of sentence: 2002-10-17. Criminal charges condoned: Yes. If yes, details: Daveyton, CAS 465/02/2010, Admission of guilt: R1000,00. Criminal conviction expunged: No. If yes, details: Not applicable.
HS DU Plessis	Warrant Officer	PHO FCS	Station and CAS: Moroka, CAS 711/10/1989, Assault GBH. Date of conviction: 1992-07-23. Date of sentence: 1992-07-23. Criminal charges condoned: Yes. If yes, details: Moroka CAS 711/10/1989. Criminal conviction expunged: No. If yes, details: Not applicable.
VR Manganye	Warrant Officer	PHO FCS	Station and CAS: Diepkloof, CAS 381/05/2007, Road traffic Act. Date of conviction: 2008-08-29. Date of sentence: 2008-08-29. Criminal charges condoned: Yes. If yes, details: Guilty: Admission of Guilt- four months imprisonment. Criminal conviction expunged: No. If yes, details: Not applicable.
G Henning	Warrant Officer	Pretoria Moot FCS	Station and CAS: Villieria, CAS 25/10/1988, Reckless and/or negligent driving. Date of conviction: 1989-03-02. Date of sentence: 1989-03-02. Criminal charges condoned: Yes. If yes, details: Villieria, CAS 25/10/1988. Criminal conviction expunged: Yes. If yes, details: Not applicable.
MT Lusenga	Warrant Officer	Pretoria Central FCS	Station and CAS: Soshanguve, CAS 397/03/2006, assault common. Date of conviction: 2006-08-23. Date of sentence: 2006-08-23. Criminal charges condoned: Yes, Soshanguve, CAS 397/03/2006. If yes, details: Guilty- one year imprisonment. Criminal conviction expunged: No. If yes, details: Not applicable.
SJ Maphanga	Warrant Officer	Ga-Rankuwa FCS	Station and CAS: Soshanguve, CAS 386/03/1993, Reckless and/or negligent driving. Date of conviction: 1993-12-02. Date of sentence: 1993-12-02. Criminal charges condoned: Yes. If yes, details: Soshanguve, CAS 386/03/1993-R100,00 or 20 days imprisonment. Criminal conviction expunged: No. If yes, details: Not applicable.
K Ramesar	Warrant Officer	Brakpan FCS	Station and CAS: Boksburg, CAS 245/07/1995, Culpable homicide. Date of conviction: 1996-05-13. Date of sentence: 1996-05-13. Criminal charges condoned: Yes. If yes, details: Boksburg, CAS 245/07/1995- R4000,00 or 18 months imprisonment, of which half is suspended for five years. Criminal conviction expunged: No. If yes, details: Not applicable.
FT Moloi	Warrant Officer	Carletonville FCS	Station and CAS: Randfontein, CAS 893/08/1996, Culpable homicide. Date of conviction: 1997-08-21. Date of sentence: 1997-08-21. Criminal charges condoned: Yes. If yes, details: Randfontein, CAS 893/08/1996- R2000,00 admission of guilt as well as six months imprisonment, suspended for five years. Criminal conviction expunged: No. If yes, details: Not applicable.
M Mabena	Sergeant	Ekangala FCS	Station and CAS: Evander, CAS 18/07/2002, Reckless and/or negligent driving. Date of conviction: 2002-10-28. Date of sentence: 2002-10-28. Criminal charges condoned: Yes. If yes, details: Admission of guilt of R3 000,00. Criminal conviction expunged: No. If yes, details: No.
M Molose	Sergeant	Orlando FCS	Station and CAS: Eldorado Park, CAS 42/07/2007, Reckless and/or negligent driving. Date of conviction: 2008-05-08. Date of sentence: 2008-05-08. Criminal charges condoned: Yes. If yes, details: Eldorado Park, CAS 42/07/2007- Guilty: R3000,00, of which three months is suspended for five years. Criminal conviction expunged: No. If yes, details: Not applicable.
MD Sibeko	Sergeant	Moroka FCS	Station and CAS: Pretoria West, CAS 300/10/2002, Assault GBH. Date of conviction: 2004-07-05. Date of sentence: 2004-07-05. Criminal charges condoned: Yes. If yes, details: Case withdrawn on 30 September 2003. Criminal conviction expunged: No. If yes, details: Not applicable.
M Batakati	Sergeant	PHO FCS	Station and CAS: Protea Glen, CAS 174/05/2015, Road Traffic Act. Date of conviction: 2017-04-06. Date of sentence: 2017-04-06. Criminal charges condoned: Yes. If yes, details: Protea Glen, CAS 174/05/2015, R6000,00 fine, or six months imprisonment. Criminal conviction expunged: No. If yes, details: Not applicable.
CG Motloung	Constable	Sebokeng FCS	Station and CAS: Sebokeng, CAS 186/12/2010, Reckless and/or negligent driving. Date of conviction: 2011-09-05. Date of sentence: 2011-09-05. Criminal charges condoned: Yes or no: Yes Sebokeng CAS 186/12/2010. If yes, details: Sentence upheld for 5 years Criminal conviction expunged: Yes or no: None If yes, details: Not applicable.
J Mpuqa	Constable	PHO FCS	Station and CAS: Tsakane CAS 351/06/2000, Arms and Ammunition Act – Loss of firearm. Date of conviction: 2001-04-03. Date of sentence: 2001-04-03. Criminal charges condoned: Tsakane CAS 351/06/2000. If yes, details: Guilty- R1000,00 fine or 60 days imprisonment. Criminal conviction expunged: No. If yes, details: Not applicable.
P Ndlalose	Constable	PHO FCS	Station and CAS: Eldorado Park CAS 42/07/2007, Road Traffic Act. Date of conviction: 2008-05-08. Date of sentence: 2008-05-08. Criminal charges condoned: Yes. If yes, details: Eldorado Park, CAS 42/07/2007- Guilty, R3000,00, of which R3000,00 is suspended for five years. Criminal conviction expunged: No. If yes, details: Not applicable.
L.S Thutse	W/O	Ekangala FCS	Station and CAS: Nebo, CAS 64/05/1988, Assault. Date of conviction: 1988-09-16. Date of sentence: 1998-09-16. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
K.D Ntaupane	CST	Honeydew FCS	Station and CAS: Klerksdorp, CAS 446/11/2006, Fraud. Date of conviction: 2007-02-13. Date of sentence: 2007-02-13. Criminal charges condoned: Klerksdorp, CAS 446/11/2006. If yes, details: Guilty- R5000,00, of which R5000,00 is suspended for five years imprisonment, with a choice of imprisonment, one year of which one year is suspended for five years. Criminal conviction expunged: No. If yes, details: Not applicable.
V.O Siphuma	Sgt	Germiston FCS	Station and CAS: Mphephu, CAS 91/09/2007, Fraud. Date of conviction: 2007-09-27. Date of sentence: 2007-09-27. Criminal charges condoned: Yes. If yes, details: Mphephu, CAS 91/09/2007, Guilty- one year suspended for five years. Criminal conviction expunged: No. If yes, details: Not applicable.

KWAZULU-NATAL PROVINCE
(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Crime(s) convicted
Shaun Pillay	Sergeant	Port Shepstone FCS	Station and CAS: Port Shepstone, CAS 285/08/2015, Reckless and/or negligent driving.   Date of conviction: 2016-11-21. Date of sentence: 2016-11-21. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Mzukhona Villus Gambushe	Sergeant	Port Shepstone FCS	Station and CAS: Ixopo, CAS 19/07/2008, Driving motorvehicle whilst under the influence of alcohol. Date of conviction: 2008-10-10. Date of sentence: 2008-10-10. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.

MPUMALANGA PROVINCE
(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Crime(s) convicted
Queeneth Busisiwe Dube	Captain	Standerton FCS	Station and CAS: Dirkiesdorp, CAS 63/06/2013, Reckless and/or negligent driving a vehicle on a public road. Date of conviction 2014-10-16. Date of sentence: 2014-10-16. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Elizabeth Frieda Dlamini	Captain	Middelburg FCS	Station and CAS: Mhluzi, CAS 163/10/2005, Pointing of firearm. Date of conviction: 2008-07-10. Date of sentence: 2008-07-10. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Bongane Edward Khumalo	Sergeant	Standerton FCS	Station and CAS: Standerton, CAS 275/07/2014, Reckless or negligent driving a vehicle on a public road. Date of conviction: 2015-07-20. Date of sentence: 2015-07-20. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Masango Sipho	Sergeant	Middelburg FCS	Station and CAS: Middelburg (Mpumalanga), CAS 477/12/2007, Exceeds the acceptable level of alcohol content in blood (where an accident occurred). Date of conviction: 2008-04-09. Date of sentence: 2008-04-09. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Mabena Mfananyana Stanley	Sergeant	Middelburg FCS	Station and CAS: Middelburg (Mpumalanga), CAS 648/03/2012, Driving a vehicle while under the influence of intoxicating liquor or drug having a narcotic effect, or excessive amount of alcohol. Date of conviction: 2013-10-17. Date of sentence: 2013-10-17.

NORTH WEST PROVINCE
(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Station and CAS Crime(s) convicted
Hannelie van Wyk	Warrant Officer	Vryburg FCS	Station and CAS: Lichtenburg, CAS 73/09/2007, Reckless and/or negligent driving. Date of conviction: Not applicable. Date of sentence: Not applicable. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.

NORTHERN CAPE PROVINCE
(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Crime(s) convicted
Cornrad De Jongh	Warrant Officer	Galeshewe FCS	Station and CAS: Roodepan, CAS 621/10/2011, Driving under the influence of intoxicating liquor.   Date of conviction: 2012-11-22. Date of sentence: 2012-12-03. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Bakang Alec	Sergeant	Provincial FCS	Station and CAS: Kimberley, CAS 938/06/2007, Reckless and/or negligent driving. Date of conviction: 2008-03-31. Date of sentence: 2008-03-31. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
WESTERN CAPE PROVINCE
(a) Full names and surname	(b) Rank	(c) FCS Unit	(d) Crime(s) convicted
Leon Matthys	Captain	Vredendal FCS	Mitchells Plain CAS 1010/05/1996, Culpable Homicide. Date of conviction: 1997-06-04. Date of sentence: 1997-06-04. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Johan Kotze	Warrant Officer	Bellville FCS	Parow, CAS 224/11/2014, Driving vehicle while under the influence of alcohol. Date of conviction: 2016-04-07. Date of sentence: 2016-04-07. Criminal charges condoned: Yes. If yes, details: Member was driving under the influence of alcohol. Admission of guilt- fine of R3 000,00. Criminal conviction expunged: No. If yes, details: Not applicable.
Simphiwe Xhego	Sergeant	Cape Town FCS	Mowbray CAS 246/08/2016- R3000 or 6 months, Driving vehicle while under the influence of alcohol. Date of conviction: 2017-08-15. Date of sentence: 2017-08-15. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Simphiwe Xhego	Sergeant	Cape Town FCS	Philippi East, CAS 220/05/2010, Driving a vehicle while under the influence of alcohol. Date of conviction: 2010-11-03. Date of sentence: 2010-11-03. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.
Elfredo Morne Johnson	Constable	Stellenbosch FCS	Robertson, CAS 66/08/2014, possession or usage of dangerous/undesirable producing substance. Date of conviction: 2014-08-04. Date of sentence: 2014-08-04. Criminal charges condoned: No. If yes, details: Not applicable. Criminal conviction expunged: No. If yes, details: Not applicable.

 

Reply:

The teachers who are involved in the Grade 3 English First Additional Language improvement programme being administered in partnership with Zenex Foundation are participating in a teacher development and support programme. The assessments they underwent were voluntary processes to establish baseline information. The programme will offer teachers an opportunity to participate in another assessment towards the end of 2017 to assess what progress was made.

Reply:

We are still trying to source information from our archives. The Information is not readily available

Reply:

We are still trying to source information and consulting with the Boxing SA on this matter and the information required is not readily available

Reply:

We are still trying to source in the archives; the information required is not readily available

Reply:

There is no capped budgetary allocation for individual military residential upgrades. Budgetary allocations wrt building and maintenance are centralised and, therefore, all repairs and day-to-day maintenance are done on request. This also includes emergency repairs. The house of Col Mongo, the Officer Commanding of the Unit is repaired as need arises. Depending on the condition of a house, where breakages and wear and tear takes place, houses are repaired. The following repairs were done in the official residence of the OC:

(a) 2012 Lifting of old floor covering and replacing with Novillon.

2012 Fitting of blinds to windows

2013 Renovation of bathroom and toilet.

2014 Paving

2015 Replacement of gutters.

2015 Replacement of burst geyser.

2015 Painting of the exterior (unit purchased paint and only labour was outsourced as the house is a double storey).

2016 Roof leaks repaired.

(b) The house needs much attention but since funds are not available, repairs are done in relation to wear and tear, OHS matters, etc. Paving was done as the house is surrounded by big trees from the neighbours causing permanent shade that kills the grass.

Reply:

Response (a) and (b): of the 14 666 the following military veterans accessed services:

Year	Authorised to access Health care	Number of military veterans Head Count at SAMHS Facilities	Accessed through road show conducted by MVHPA	Accessed through MVHPA doctors	Accessed through ZEAL Health doctors
2015/16	14666	4069			1096
2014/15	11514	3824	5479	1299
2013/14	4719	2526	2121
2012/13		691
2011/12		362

(2) what amount out of the amount that was spent in the 2015-16 financial year on the specified sub-programme (a) was for expenditure on health and wellness for the current financial year and (b) what amount was for previous years;

Response (2):

Service Provider	2015/16 invoices	Previous Financial Years	Total
SAMHS	R30 966 202.48	R24 500 000.00	R55 466 202.48
MVHPA	0	R826 320.85	R826 320.85
ZEAL	R474 984.63		R474 984.63
TOTAL	R31 441 187.11	R25 326 320.85	R56 767 507.96

(3) in view of the fact that there is no other service provider other than SA Military Health Services (SAMHS), (a) exactly which service providers were paid for which services delivered and (b) when were the services delivered;

Response (3):

ZEAL Health Innovations was procured for a 3 month contract (1 April 2015 to 30 June 2015) with a total payment of R 474 984.63 for provision of:

1. Primary and Chronic health services and related medication for military veterans.
2. Dedicated counselling services for military veterans and their dependent

(4) (a) what amount of the payment that was made for the subprogram was paid to SAMHS and (b) for which years?

Response (4):

Service Provider	2015/16	Previous Financial Years	TOTAL
SAMHS	R30 966 202.48	R24 500 000.00	R55 466 202.48

NW2709E

Reply:

1. (a) No

(b) No

The SABC is currently busy with the implementation of the performance management system to be implemented later in the year hence, no performance review on Mr Motsoeneng or any other employee of the SABC has been conducted. The quarterly review system is, however, done by individual line managers and in this case Mr Motsoeneng has not been in this (new) position for the period of 3 months.

SABC Current Affairs are operating normally and efficiently and there is no need for a review.

2. The disclosure of employee remuneration is against employee regulations. Further information about SABC employees’ remuneration may be obtained from the Annual Report which has been tabled in Parliament.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

The Department of Small Business Development is a newly established department that was allocated a separate Vote from the 1st of April 2015. There is no expenditure for the requested periods.

(a) 2012-13 not applicable.

(b) 2013-14 not applicable.

(c) 2014-15 not applicable.

Reply:

(1) The Medicines and Related Substances Act, 1965 (Act 101 of 1965) controls the sale of medicines. In accordance with Regulation 25 of the Act, medicines are categorised into four categories of which category D refers to Complementary Medicines intended for use in humans and animals.

The Council has identified 5 disciplines of Complementary medicines of which Chinese Traditional Medicines is but one.

The Medicines Control Council (MCC) regulates the use of any active ingredient to be used in a medicine by means of the registration process of the medicines. During the registration process, the MCC will consider the quality, safety and efficacy of the active ingredient/herb to be included in the medicine.

The MCC will allocate a Schedule status to the active substance contained in the herb. The scheduling status of the substance will determine the import requirements that the Chinese medicine practitioner needs to comply with. In the event that the substance is listed as a specified Schedule 5, Schedule 6 or Schedule 7 substance, the importing practitioner requires an import permit from the Director-General: Health (Section 22A (11) of the Act). Substances listed as S0, S1, S2, S3 or S4 may be imported by a practitioner without any restriction.

(2) Labelling requirements: in terms of the MCC requirements relating to Good Manufacturing Practices (GMPs) for the manufacture of a medicine, the guidelines specify the requirements to be included on the label of any raw material. The following information is the minimum information required:

• Name of the substance
• Chemical name of the substance
• Batch number
• Expiry date
• Name of the manufacturer of the substance / herb
• Indication of the hazardous nature of the substance
• Quantity
• Warning: requirement to protect against moisture or light
• Storage conditions

(3) Prohibition on the importation of a herbal substance relates to the scheduling status of the substance. See response in (1) above.

END.

Reply:

1. The Transport Pension Fund (“TPF”) has 338 active contributing members and 5 628 pensioners, and the Transnet Second Defined Benefit Fund (“TSDBF”) has 54 026 pensioners as at 31 October 2016.

(2) The number of members of the specified pension funds who died are recorded below:

Entity	Referencing	Financial Year	Number of Deceased Members
Transport Pension Fund	a	2013/14	181
	b	2014/15	184
	c	2015/16	212
Transnet Second Defined Benefit Fund	a	2013/14	4255
	b	2014/15	4114
	c	2015/16	4142

(3) The causes of death of each member are unknown.

(4) As at 31 October 2016, for the Transport Pension Fund, 3 113 pension members are main members, with 2 290 spouses and 221 children. For the Transnet Second Defined Benefit Fund 17 681 pension members are main members, with 36 180 spouses and 165 children.

(5) The growth of the specified pension funds is detailed below:

 

Entity	Financial Year	Market Value	Surplus
Transport Pension Fund	2013/14	R8 373 million	R2 903 million
	2014/15	R9 053 million	R3 644 million
	2015/16	R9 366 million	R4 325 million
Transnet Second Defined Benefit Fund	2013/14	R17 218 million	R2 983 million
	2014/15	R16 757 million	R3 145 million
	2015/16	R15 630 million	R3 807 million

Reply:

The Minister of Public Works

a) (i) The Norms and Standards for Category 111 clients are being developed.

(ii) The Department has been in the process of consulting various stakeholders.

(iii) There are no plans to gazette.

(iv) Parliament, as a Prestige Client, will be given an opportunity to see the draft Norms and Standards.

b) Once the process outlined in (a) above has been completed the Service Level Agreement with Parliament will be developed.

Reply:

I am not in a position to provide you with the cost associated with training of artisans in the country as I am no longer responsible for skills development. The function was transferred to the Department of Higher Education as from 01st April 2010.

Reply:

(a) The i-ENDR for 2014/15 financial year was 10.2 deaths per 1,000 live births (DHIS, 2014/15); and the i-ENDR was 10.5 per 1,000 live births in 2015/16 financial year, and not 12.4 as stated in the parliamentary question.

(b) The NDOH and all provinces have adopted the national newborn care implementation framework for action in 2013/14, which was followed by intensive provincial, district and facility capacity building and skills development (including improving skills to resuscitate babies through a programme called Helping Babies Breathe – given that asphyxia is one of the key causes of the neonatal mortality) to improve the quality of care for newborns especially at district hospital level, where large number of live births occur. In addition, the Department has strengthened access to contraceptives to reduce unplanned and unwanted pregnancies, especially amongst teenagers who are likely to deliver prematurely.

Further, to address the large need to improve outcome of premature babies, the NDOH supplied CPAP machines to 35 district hospitals across all provinces to improve their ability to resuscitate infants.

The level of new HIV infections in newborns has decreased over the past 5 years in particular due to the success of the prevention of mother to child transmission programme. The Department has launched the ‘Last Mile Plan’ to get as close to elimination of mother to child transmission as possible.

END.

Reply:

The Minister of Public Works

(a) Yes,

(b) No.

(i) The draft Public Works Property Management Empowerment Policy was developed and submitted to the Property Sector Charter Council to solicit inputs from the Property Industry.

(ii) The Property Sector Charter Council is in the process of coordinating the information flow from the Property Industry and once the process is concluded, the final draft Public Works Property Empowerment Policy will be submitted to the Executive Authority for approval. It is envisaged that this process will be concluded in the 2017/18 financial year.

(c) No.

(i) The Department has initiated the amendment of the State Land Disposal Act of 1961 through a policy discussion document issued in 2015. Since the development of this Act is the joint responsibility of the NDPW and the Department of Rural Development and Land Reform, discussions were held between the two departments. The review of the Act will form part of the development of a Public Works White Paper, which will encompass the Public Works functional area of concurrent national and provincial legislative competence.

(ii) The White Paper process will commence in 2017 and it is envisaged that the amendment of certain existing legislation and the drafting of new legislation as an outflow of the Public Works White Paper will be undertaken in 2019.

(d) No.

(i) A task team comprising of representatives from the national and provincial Public Works departments was formed to review and refine the guidelines. The refinement of the guidelines is still underway.

(ii) Upon endorsement by the Public Works Technical MinMec and MinMec structure, the draft guidelines shall be submitted to Executive Authority for approval. It is expected that this process will be finalised in the 2017/18 financial year.

Reply:

(1) (a) Honourable Member, the question of whether a person died from negligence by medical and other personnel in a hospital, whether state or private, is not a medical diagnosis. It is a conclusion that can only be reached as a result of a court hearing or a hearing by the various statutory bodies like the Health Professions Council, the Nursing Council, the Pharmacy Council or the Allied Health Professions Council.

Hence we will have to peruse court records with the Department of Justice to clinch such information.

We will also have to peruse the rulings of the various statutory councils.

We will then be in a position to provide you with figures.

(b) and (c) The information so clinched as stated above will answer these two questions. Hence we will have to wait for that information first.

(2) Every hospital, clinic, health facility and health worker use special protocols and practices to avoid death as much as possible.

(3) The Health Ombuds, since starting work six months ago, has not yet reported on any case. This week the Office announced that it will issue the first report on the 18th of January 2017. Honourable Member has to be patient to wait for that.

END.

Reply:

We have instructed the Anti-Corruption Task Team to work tirelessly to root out corruption at all levels of the public services where it exists. A lot of good work has been done as reported recently by the Anti-Corruption Inter Ministerial Committee.

In some of the progress made, since April 2013 I have signed more than 27 proclamation orders which has resulted in the Special Investigating Unit recovering cash or assets to the value of R204 million and managed to have contracts to the value of R755 million cancelled. Over the past three years 32 people involved in corruption cases worth R3 billion have been convicted. 58 people involved in fraud to the value of close to R200 million were also convicted.

We are committed to do even more to defeat the scourge of corruption. We do not only talk about fighting corruption, but we are doing something about it. The few cases I have mentioned above attest to the progress we are making.

We will continue to speak out to discourage unethical behaviour and to discourage those who may be tempted. The statement was made in that spirit.

Reply:

(1) a) Bain and Company is the consultant appointed for the development of an optimal corporate structure to re-align the state owned airlines.

    b) The work to be conducted by Bain and Company South Africa entails the development of the said optimal corporate structure in line with Government’s objectives and in cognizance of the industry best practices.

   c) The total cost of the project is R12.1 million.

(2) I will not make a statement on the matter.

 

Reply:

Mr Geoffrey Qhena, the CEO of the Industrial Development Corporation (IDC), has advised that the IDC acted within the law and exercised rights it explicitly had, in respect of decisions relating to the Business Rescue Plan for a company, ODM.

The statement by the IDC CEO on the parliamentary question, follows:

1.“We assume that reference to “the scheme” is referring to the Business Rescue Plan (the Plan) adopted on the 30th of April 2013:

• IDC provided funding to the BEE SPVs namely FNMIH, Red Gold and First Aone to enable them to invest in ODM. IDC funding was secured by, inter alia, cession and pledge of the SPV’s shares and the shares in ODM;
• When ODM was placed in business rescue this amounted to a breach of the IDC funding agreements and entitled the IDC to act to secure its position;
• Accordingly IDC exercised its rights in terms of a cession and pledge of shares thus had the right to vote its shares and those of the SPVs in favour of the plan.

2. It is our view that the authorisation for ODM to be placed in business rescue was done in accordance with the provisions of the Companies Act in that:

• The directors of the company duly placed the company in business rescue in terms of the Companies Act;
• The Plan was published in terms of the Act on 17 April 2013;
• The Plan was adopted by creditors and shareholders of ODM on 30 April 2013 at a meeting convened in terms of the Act.
• 3.We are not aware that the Business Rescue Practitioners had ODM and FNMIH valued in July 2013 or at any other time. If there was indeed any such valuation it was not brought to the attention of the IDC:
• FNMIH shareholders (and not the Business Rescue Practitioner) had a valuation conducted into the value of its shares and those of ODM;
• As stated above IDC exercised its rights against the BEE SPVs (including FNMIH) in terms of the cession and pledge agreements signed by the SPVs in favour of IDC;
• In terms of the cession and pledge the shares were to be independently valued in order to determine the value that IDC will recover via the shares and what would still be due by the SPV’s;
• The value of the shares of ODM and FMNIH was independently determined to be zero as at the date of the company going into business rescue.”

I also draw attention to the reply of the IDC on the turnaround strategy to ensure that the IDC recovers as much of the value of its funding as is possible, as set out in the reply to Parliamentary Question 2660 submitted on 14 December 2016.

Recommended/ Not Recommended

Comments:______________________________________________________

_______________________________________________________________

_______________________________________________________________

……………………………..

Mr Malcolm Simpson

Acting Director-General

Date: ………………………

 

Approved/ Not Approved

Comments:_____________________________________________________

______________________________________________________________

______________________________________________________________

………………………………..

Mr Ebrahim Patel

Minister of Economic Development

Date:………………………..

Reply:

The Minister of Public Works

Yes, the Department of Public Works has obtained the required authorisation before commencement with the current project.

The Built Environment and Landscape Committee of Heritage Western Cape, a public entity whose mandate is to identify, protect and conserve the heritage resources of the Western Cape Province, after extensive and comprehensive consultations with both the project consultants and the Department of Public Works Heritage Advisory Services Unit, as well as scrutiny of written reviews and proposals submitted by an independent team of specialist heritage consultants, issued authorisation to systematically undertake various repairs, renovations and restorations at and on the Tuynhuys and Good Hope Buildings.

The South African Heritage Resources Agency, in October 2014, endorsed the previous Heritage Western Cape’s Records of Decision and gave the necessary approval to continue with the completion of the outstanding repairs, renovations and restorations.

Reply:

(a) Name	(b) Offence
M Mjikeliso	Forbidden Person in terms of Aliens Act as well as Culpable Homicide
P Mukeni	Reckless or Negligent Driving
PS Sizani	Public Violence as well as Failure to comply with provisions of the Value Added Tax Act
MMN Ngoma	Prohibition of certain forms of Intimidation
N Mkoroana-Cita	All Motor Vehicles shall be registered and licenced unless contrary prescribed
BP Motloung	Reckless or Negligent Driving
S Ngombane	Riotous Assemblies Act – Person attends gathering after it was prohibited
SM Radebe	Occupy the driver’s seat of a motor vehicle while under the influence of intoxicating liquor

(c) When an official has committed a crime a full vetting investigation is conducted in order to

determine if his/her security clearance must be withdrawn and if it is withdrawn the official will not be able to be posted again as a security clearance is a requirement for a posting.

(d) See (c) above.

 

Reply:

The Minister of Public Works

The stated legal action undertaken by the Department of Public Works, where the bank in question intervened as a Respondent has now been settled between the parties. The bank in question has agreed to withdraw its opposition to an order of the court dictating that the lease agreement in question be declared void ab initio.

Reply:

It is my intention to release proposals regarding changes to the Competition Act during 2017, following a further round of engagements with practitioners during the latter part of 2016. As the various matters that may form the subject of the proposals are currently being reviewed, details of the proposed changes are not yet available for release. The review covers areas such as the efficacy of the administration of the Competition Act, procedural aspects in the investigation and prosecution of offences, matters relating to abuse of dominance, more effective investigations against cartels and the current public interest provisions of the Act. Not all of these areas will necessarily result in a review of the Act.

 

Recommended/ Not Recommended

Comments:______________________________________________________

_______________________________________________________________

_______________________________________________________________

……………………………..

Mr Malcolm Simpson

Acting Director-General

Date: ………………………

 

Approved/ Not Approved

Comments:_____________________________________________________

______________________________________________________________

______________________________________________________________

………………………………..

Mr Ebrahim Patel

Minister of Economic Development

Date:…………………………

Reply:

(a) There are currently 56 Doctors and 774 nurses employed at Tshilidzini Hospital in Limpopo.

(b) It will be misleading to determine the number of vacancies for Doctors and Nurses based on the present organogram because it is completely faulty. The Province is in the process of determining a correct one and will give details in due course.

(c) Nurses who upgraded:

 - 2014: Assistant nurse to enrolled nurse = 3

               Enrolled nurse to professional nurse = 10

               Post basic (advanced) = 2

              Total = 15

- 2015: Assistant nurse to enrolled nurse = 6

          enrolled nurse to professional nurse = 12

          Post basic (advanced) = 5

         Total=23

        Post basic over the 2 year broken down by speciality

       Trauma = 2

       Psychiatry = 2

      Paediatrics = 1

     Orthopaedics = 1

     ICU = 1

     Total = 7

END.

Reply:

The PICC worked with other public entities to enable consideration of South African projects by the National Development Bank.

In 2016, the Bank approved a facility of USD 180 million to Eskom for the construction of transmission lines to connect renewable energy projects and strengthen other strategic transmission lines in Gauteng.

Prepared by: Lynette Milne

 

Recommended/ Not Recommended

Comments:______________________________________________________

_______________________________________________________________

_______________________________________________________________

……………………………..

Mr Malcolm Simpson

Acting Director-General

Date: ………………………

 

Approved/ Not Approved

Comments:_____________________________________________________

______________________________________________________________

______________________________________________________________

………………………………..

Mr Ebrahim Patel

Minister of Economic Development

Date:…………………………

Reply:

1.(a) There are 57 properties occupied by NHLS in KZN that belong to the province’s department of health.

2.(a) According to the findings of the Accountant General, KwaZulu Natal owes a historical amount of R1.8 billion;

(b) The Accountant General's office is engaging both KwaZulu Natal and the NHLS on how to resolve this issue.

END.

Reply:

Quote

(a) No, I have learned that SCOPA has referred the said case to the Hawks. The matter is still investigated by my Department and will release a report upon its conclusion.

(b) See (a) above.

Unquote

Reply:

(a) (b) and/or (c) (i) and/or (ii) (aa) and (bb)

It is not possible for me to disclose this information, as the FIC is not able by law to provide such information to the Minister of Finance. Provisions in the FIC Act place strict limitations on the public disclosure of details concerning information reported to the FIC and its activities concerning such information, which prevents it from acknowledging whether it has, or has not, provided information to an investigating agency or any other competent authority (section 29(4), read with section 53 and sections 40 and 41, read with section 60).

While the FIC’s mandate requires that it work in collaboration with competent authorities and agencies in any given investigation, the public disclosure of information relating to matters that may be the subject of an investigation could potentially have negative impact or undermine any such an investigation. It would therefore be irresponsible for the FIC to comment in public on operational matters in which it may be involved.

The information contained in the certificate dated 4 August 2016 as submitted by me on 14 October 2016 to the High Court (Gauteng Division, Pretoria), numbered 1 to 72, refers to reports submitted to the Financial Intelligence Centre (FIC) by various institutions pursuant to their legal obligations under section 29 of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001, the FIC Act).

The FIC uses reports such as these, along with other available information to conduct its analysis and produce financial intelligence reports. It is important to note that one (1) STR reported to it does not equate to the FIC reporting one (1) suspicion for investigation. Rather, the FIC may evaluate patterns found across multiple reports made to it before it makes a referral to the law enforcement and other competent authorities for their investigation.

Reply:

(a) Arrests	(b) Successful prosecutions (found guilty)
(i)(aa) 2014-15	(i)(bb) 2015-16	(iii) 1 April 2016 to 31 Oct 2016	(i)(aa) 2014-15	(i)(bb) 2015-16	(iii) 1 April 2016 to 31 Oct 2016
22	28	43	5	17	5

Reply:

(1) The South African Police Service (SAPS) keeps figures of incidents of violence on farms and smallholdings per financial year, based on a manual system, for operational purposes.

(1)(a) A total of 60 murders on farms and smallholdings were reported during the 2014/2015 financial year.

(1)(b) A total of 49 murders on farms and smallholdings were reported during the 2015/2016 financial year.

(2) The Rural Safety Strategy has not been implemented in full at all identified rural and rural/urban police stations.

(2)(a) The annual target for the implementation of the Rural Safety Strategy in the Annual Performance Plan for 2016/2017 of the SAPS is that 759 of the 879 identified rural and rural/urban mix police stations must implement the Rural Safety Strategy by 31 March 2017. At the end of the second quarter of the 2016/2017 financial year a total of 783 rural and rural/urban police stations had already implemented the Strategy. This means that the target was exceeded by 24 police stations.

(2)(b) The implementation of the Rural Safety Strategy is part of the Annual Performance Plan of the SAPS and the target for 2017/2018 has not been finalised.

Reply:

(1)(a) The matter is still under investigation.

(1)(b) An enquiry was opened vide Johannesburg Commercial Crime Investigation Unit (CCIU) Enquiry 02/06/2016. As soon as sufficient evidence has been gathered, a criminal case docket will be registered.

(2) No suspects have been arrested yet and the investigation is still proceeding.

(3)(a) No, if any suspects are interviewed prematurely, it will hamper the investigation and possible crucial evidence may be tampered with or destroyed.

(3)(b) One witness has been interviewed.

(4) It is anticipated that the investigation will be concluded by the end of January 2017.

Reply:

(a) There are no such farms, except for a portion within a leased farm whereby the farmer removed his livestock, due to drought; and, had not yet returned them when this response was drafted.

(b) Falls away.

Reply:

(1) No; because CEPPAWAWU complied with the Court Order handed on 09 October 2015. Therefore there was no compelling reason for the Registrar of Labour Relations to do so.

(2) whether she has taken any steps against the specified acting registrar for failing to take any remedial action in this regard; if not, why not; if so, what are the relevant details? NW3181E

MINISTER'S RESPONSE

(2) No; because there was no compelling reason for Registrar of Labour Relations to take any remedial action by approaching the court to enforce the Labour Court order handed down on 9 October 2015 against the leadership of the Chemical, Energy, Paper, Printing, Wood and Allied Workers’ Union for allegedly failing to table full, legally audited financial statements and minutes showing the adoption of such financial statements. Therefore there is no legal reason for me to take any steps against the Registrar of Labour Relations.

Reply:

(1) The following financial statements of CEPPWAWU were submitted and accepted by the Registrar of Labour Relations:

(a) 2010 - 2011

(b) 2011 - 2012

(c) 2012 - 2013

(d) 2013 - 2014 (under construction, therefore not yet submitted)

(i) not applicable

(ii) not applicable

(2) whether the specified acting registrar accepted the minutes of the meeting of the National Executive Committee of the CEPPWAWU held on 14 January 2016 where the financial statements were allegedly tabled; if so, (a) why did the acting registrar accept the minutes of the specified meeting despite the Labour Court judgment handed down on 15 April 2016 that the financial statements were not compliant with the CEPPWAWU’s rules and labour legislation and (b) what are the further relevant details;

MINISTER'S RESPONSE

(2) The Registrar of Labour Relations accepted the CEPPAWAWU NEC minutes of the meeting held on 14 January 2016.

(a) There was no reason compelling the Registrar of Labour not to accept or reject the minutes referred to. The minutes referred to were brought to the Registrar's attention during the course of February 2016. Therefore the Labour Court judgement of 15 April 2016 had no bearing on decision of the Registrar of Labour Relations whether to accept or reject the minutes of 14 January 2016.

(3) whether each of the financial statements were fully audited in terms of sections 25(5) and 98(2) of the Labour Relations Act, Act 66 of 1995, as amended; if not, in each case, why not; if so, did CEPPWAWU comply with its own constitution in this regard;

MINISTER'S RESPONSE

(3) In as far as it relates to the question and information submitted by CEPPAWAWU to the Registrar of Labour Relations, the financial statements submitted were fully audited in terms of section 25(5) and 98(2) of the Labour Relations Act 66 of 1995 and CEPPAWAWU complied with its own constitution.

(4) whether she has taken any steps against any member of the leadership of CEPPWAWU for allegedly failing to comply with Labour Court orders dated (a) 9 October 2015 and (b) 15 April 2016 in terms of failing to table full, legally audited financial statements and minutes showing the adoption of such financial statements; if not, why not; if so, what are the relevant details? NW3180E

MINISTER'S RESPONSE

Assuming that "she" refers to me, it important to note that in terms of the provisions of the Labour Relations Act 66 of 1995, the Minister does not have any legal powers to reprimand any registered Trade Union or Employer Organization other than engage the Trade Union or Employer Organization as a stakeholder.

However if the "she" refers to the Registrar of Labour Relations, it is important to note that the Registrar of Labour Relations is a "he".

(a) CEPPAWAWU complied with the Court Order handed on 09 October 2015. Therefore there was no compelling reason for me to engage the leadership of CEPPAWAWU or the Registrar of Labour Relations to take any steps against the leadership of CEPPAWAWU.

(b) In terms of the information submitted to the Registrar of Labour Relations during the course of February 2016, CEPPAWAWU tabled full, legal audited financial statements and minutes showing the adoption of such financial statements. During the course of February 2016 there was no compelling reason for me to engage the leadership of CEPPAWAWU or the Registrar of Labour Relations to take any steps against the leadership of CEPPAWAWU. However I am not suggesting that now there is such a compelling reason to engage or take steps against the leadership of CEPPAWAWU; because such a decision legally falls within the discretion of the Registrar of Labour Relations.

I am advised though that the Registrar of Labour Relations is awaiting the release of the transcript of the alleged judgement of 15 April 2016. Thereafter he will study the content of the judgement and take a decision on how to deal with the matter; because the alleged judgement deals with a number of issues which may or not directly/indirectly assist him in executing his duties in as far as it relates to the question raised.

Reply:

South Africa has ratified the ICESCR and in terms of section 231(4) of the Constitution is required to enact legislation to implement the International Convention on Economic, Social and Cultural Rights (ICESCR). Chapter 2 of South Africa’s Constitution is based on the ICESCR which promotes and protects socio-economic and cultural rights. Socio-economic and cultural rights are also promoted in myriad pieces of legislation which give effect to the obligation contained in the Constitution (towards socio-economic and cultural rights). There is therefore no additional legislation required to implement the tenets of the ICESCR.

South Africa is yet to ratify the Optional Protocol to the ICESCR, so no obligation to enact legislation to domesticate the option protocol exists. Once the Optional Protocol is ratified section 231 (4) of the Constitution requires that the treaty be domesticated through the enactment of national legislation.

Reply:

1. (a) South Africa has ratified the International Covenant on Civil and Political rights

(ICCPR) which required domestication through national legislation as per section 231(4) of the Constitution. There is no additional legislation required to implement the tenets of the ICCPR because South Africa has not only enshrined civil and political rights within the Bill of Rights in the Constitution of the Republic of South Africa (Act 108 of 1996), but South Africa also has existing legislative and policy frameworks in place to give effect to civil and political rights.

(b) South Africa has ratified the OP-ICCPR and is yet to domesticate same through

The enactment of national legislation. Same is receiving attention.

2. A total of nine (9) Human Rights conventions have been signed and ratified by South Africa.

Overall, South Africa is party to (has ratified) thirty-two (32) international treaties/ conventions. These relate to international human rights; humanitarian law, labour, environmental law, maritime law, labour law, trade, education, conservation and anti-corruption.

3. The decision to become party to an international instrument is taken with due regard of government’s priorities (at a given time). As these are constantly changing and being revised in light of the most pressing needs, so also does the ratification of international instruments need to change to reflect the change in societal needs and development.

4. Same is receiving attention, and is under due consideration by Government.

5. The list of all treaty obligations and reporting status is attached.

With regard to the Department of Justice and Constitutional Development’s mandate on international obligations, the following should be noted:

   (a) Each treaty has different periodic reporting requirements- some are quadrennial, while other are biennial and the Human Rights Bodies which consider the reports may request further information or may make recommendations on when the country should deposit its next report.

   (b) South Africa deposited the 1st-3rd combined periodic reports on the ICERD in 2006, and the 4th-8th combined periodic reports in 2012; the 1st ICCPR report was submitted in 2014; the 1st periodic report on the CAT was submitted in 2005 and the 2nd and 3rd reports were submitted in 2015. The 1st periodic report on the ACHPR was submitted in 1999, the 3rd-6th combined periodic reports were submitted in 2005, the 1st and 2nd UPR reports were submitted in 2008 and 2012 respectively and the 3rd UPR report is due in May 2017 and the 1st periodic report on the ICESCR is due in May 2018.

   (c) Challenges with capacity and lengthy consultative processes.

   (d) Yes, each of the reports is available.

Reply:

The current contract with SAB&T Ubuntu was extended to September 2017 due to the fact that the campaign is coming to an end at the above mentioned date. The matter went through all departmental procurement processes and the Department was advised by its Bid Adjudication Committee that it would not be cost effective for the Department to appoint a new service provider for such a short period.

The irregular expenditure that occurred was not created by the current service provider but happened due to a disagreement between the Department and the Auditor-General on a technical point in the procurement process. The matter was then submitted to a technical team at the Auditor-General which then ruled against the Department. This matter was however addressed in a previous response to the Honourable Member.

Reply:

(1)	(a)	Alexkor have conducted coffer dam mining since the early 1950’s (approximately 67 years) and the mine has been operational for approximately 89 years. Approval of the Environmental Management Programme Report (EMPR) was granted on 11 October 1995.
	(b)	Alexkor SOC LTD has 4 (FOUR) marine mining rights and the Richtersveld Mining Company (RMC) 1 (ONE) land mining right; all under the management of the PSJV:
		(i)	Marine Rights (Alexkor SOC LTD) MR 512_4a MR 513_4b MR 10025_1c MR 554
		(ii)	Land Right (Richtersveld Mining Company) MR550
(2)	Yes; approval of the Environmental Management Programme Report (EMPR) was granted on 11 October 1995.
	(a)	In terms of the Minerals Act of 1991. Alexkor was required to submit and obtain approval for an Environmental Management Programme Report (EMPR), Alexkor appointed CSIR to prepare the EMPR. The document was approved by department (1995-10-11). The approval included the construction of cofferdam mining.
	(b)	Background: A proposal entitled “Proposal for Alexkor 2004 EMPR update approach/structure/content” was compiled, dated 27 January 2004 and the approach set out therein was discussed with DME Kimberley at the time. Within such system the EMPR update was to be guided by the then pending Alexkor audit and performance assessments and the detail knowledge of the site acquired during their compilation given the complexity and extent of the mining operation. Such audits were completed in March/April 2004 and on the basis of those audits and understanding of the available literature and assessment of the existing 1994 EMPR, a set of rehabilitation specifications/methods to deal with existing disturbances entitled “Rehabilitation Liability Calculation; Specifications/Methods/Rates Used and notes on their calculation (Report #2446/SMR/Rev 1 [April 2005])” was formulated for submission to the DME to elicit their sanction/comment on the approach to the methods of dealing with existing disturbance as this posed the major undefined aspect of the new EMPR given that the 1994 EMPR paid relatively little attention to this element. Such specifications/methods were formally submitted to the DME during April 2005 and DME‟s initial comment was obtained in October 2005.Having achieved some level of co-ordination with DME on the historical rehabilitation, the process of EMPR update could be re-initiated. The approved EMPR states: “Historically coffer dam (sea wall) mining has been carried out at two sites, one in Block 60 in the north and the other at Geeldoring near the Rietfontein-North Plant.”
		(i)	Impacts resulting from coffer dam activities are as follows: Coffer dam mining requires a major relocation of sand from supratidal levels into the surf zone. This results in the removal of sand dunes and the destruction of their associated vegetation. Vegetation in the area not destroyed by dune excavation is damaged extensively by the heavy earth-moving equipment in use. The smothering of rocky shore and sandy beach destroys all biota, both intertidally and sub-tidally to the depth of the coffer dam wall. Coffer dam mining has been carried out using gravels, cobbles and boulders from tailings for the building of the wall. Although the dam wall has been breached by storm conditions, the redistribution of the material has resulted in a smothering of the original rock and the change from a rocky intertidal to a boulder beach environment.
		(ii)	Impact of the construction of the coffer dams with sand: Due to the fact that sand is not readily available in the vicinity further disturbances will be done to the already disturbed dunes along the coast, more manoeuvring of heavy machinery occurs, which in turn leads to increased environmental and economic impacts.
		Based on the above the PSJV has appointed a new independent environmental consultant to revise the approved EMPR. This document is currently out for public comment.
(3)	All documents can be made available to Mr S C Motau

Remarks:     Reply: Approved / Not Approved         Mr Mogokare Richard Seleke   Ms Lynne Brown, MP     Director-General     Minister of Public Enterprises Date:     Date:

Reply:

This matter is the subject of a police investigation, as per this member’s own press release, and as such responses are to be provided as part of that investigation.

Reply:

(1) and (2) On 02 December 2016 the Department of Basic Education (DBE) requested the Gauteng Department of Education (GDE) to provide a response. The DBE will provide the necessary response once the information is made available by the GDE.

 

Reply:

1. and (2):

The Minister of Finance has not been informed by Mr Moyane regarding any forensic investigation that has been launched in terms of the South African Revenue Services Modernisation and Technology Programme despite the media coverage on the matter.

I have requested my office to submit this question to SARS to establish the facts. Once the information is obtained, I will respond to this question in more detail.

Reply:

In a previous parliamentary question 2139 [NW2456E], I indicated that there is a lack of accountability and cooperation from the South African Revenue Services top management. I therefore cannot place great reliance on the information that I have received from SARS, particularly in terms of this matter; however, I am able to provide the following in response:

(1) (a) (i) Mr Moyane responded on the 27 October 2016 after a written request from me. Apart from this, SARS has not communicated with me further on the Makwakwa matter beyond what was reported in questions 1894 and 1975, both dated 12 October 2016.

As previously stated, Mr Moyane did not inform me about this matter prior to it appearing in the Sunday Times on 11 September 2016. A meeting was convened at my request on the 12 September 2016 regarding the Makwakwa matter, and thereafter correspondence was exchanged on the 14th and 16th of September 2016, to confirm and follow-up on the meeting. To date, apart from the letter dated 27 October 2016 from Mr Moyane, where he provided his Terms of Reference for the law firm Hogan Lovells (South Africa) Inc, to investigate and conduct disciplinary proceedings related to Mr Makwakwa and Ms Elskie, Mr Moyane has not provided any substantive report on this matter. However, Mr Moyane indicated in his letter that the law firm would conclude the first part of the investigation by 20 December 2016. By 22 December, I have not yet received any such report.

The Terms of Reference do not include the role of Mr Moyane in the Makwakwa matter. Mr Moyane stated in his letter dated 27 October 2016 that he does not accept responsibility for failing to timeously report the Makwakwa matter to the Minister of Finance (as the executive authority of SARS) prior to the 12 September 2016 meeting, as he expected the Financial Intelligence Centre (FIC) to do so. According to Mr Moyane “…the FIC is under a clear legislative mandate to report to…” the Minister of Finance “….. an investigation into Makwakwa”s affairs, taking into consideration the public importance of the matter and Makwakwa’s position within the SARS”. Mr Moyane holds to this view, despite the fact that section 40 of the FIC Act prohibits the FIC from reporting such transactions or referrals, to the Minister of Finance or to any other person other than those permitted to receive such reports.

I will not say more on Mr Moyane’s failure to act in terms of the FIC Act and other anti-corruption legislation at this stage. This matter is also subject to legal action as reported in the media (e.g. charges by Corruption Watch).

  (i) I will not comment on any further communication between SARS and FIC but want to point out the following. I wrote to Mr Moyane on 23 September expressing my serious concern on a media statement issued by SARS stating that there was a lack of co-operation by the FIC on the Makwakwa matter (refer to SARS media release titled “SARS APPOINTS SENIOR EXECUTIVES TO ACT IN MAKWAKWA’S POSITION” dated 16 September 2016). I pointed out that as the executive authority for both the FIC and SARS, I would have expected that before launching a public attack on the FIC, that he would have first requested my intervention if indeed there were any problems of non-cooperation between SARS and FIC. I requested his explanation for the statement, including what impact such statement will have for their future working relationship, and the steps he intends to take to address such breakdown. On the 27th October 2016, more than a month later, Mr Moyane responded, denying “that there is a breakdown of the relationship between the SARS and the FIC” and states that he does not need any intervention from my office, and that his media statement is not a public attack on the FIC and “….does not constitute a drastic step”.

  (ii) Mr Moyane has indicated to my office that SARS had a meeting with representatives from the Directorate for Priority Crimes Investigations (DPCI) on 27 September 2016. This meeting was convened subsequent to an email that had been sent to SARS by DPCI on 15 September 2016 regarding the DPCI investigation into the Makwakwa and Elskie matter. On 30 September 2016, SARS received a written confirmation from DPCI of the meeting that had taken place on 27 September 2016.

I have not had had any explanation from Mr Moyane why he did not contact the DPCI or any other law enforcement agency immediately after Mr Moyane first became aware of the Makwakwa matter after receiving the FIC letter 17 May 2016. Instead, Mr Moyane did not do so for four months and only did so after he was contacted by the DPCI on 12 or 15 September after the media exposure. (I refer the Honourable Member to the SARS response on this matter in PQ 1976 [NW2287E])

2. It is my view that the key issue currently is not any problem related to a lack of co-operation between SARS and the FIC but how best to protect the reputation and integrity of SARS as a critical fiscal institution. The focus must remain on the investigation against Mr Makwakwa, by both SARS and the law enforcement authorities. The issue of co-operation between SARS and FIC is important but must be understood in terms of the role and function of the FIC in terms of the law. As Mr Moyane himself confirms in his letter dated 27th October 2016, there is no breakdown in relationship between SARS and the FIC. This is also the view of the Director of the FIC.

To protect the reputation and integrity of SARS, we need to know why Mr Moyane took more than four months to act effectively after he was first alerted to the Makwakwa matter by the FIC through a letter dated 17 May 2016 and to only act after this matter was exposed in the media. Further, why Mr Moyane takes no responsibility for failing to report timeously to his responsible Minister. Mr Moyane also needs to explain why he continued to allow Mr Makwakwa to remain in his position as part of his top management team, dealing with individual and corporate taxpayers and allowing him to represent SARS at hearings of the Standing Committee of Finance on 23 August 2016 and the Davis Tax Committee on 8 September 2016. These and other matters like that involving Mr Vlok Symington raise serious concerns about the stewardship of a vital fiscal institution. Further consideration will be given to substantially increase the accountability of the top SARS management for their actions and decisions.

Reply:

(1)(a) Refer to Annexure A for the list of the country's major dams that are below 35%.

(1)(b) My Department develops annual operating rules which include drought restrictions rules. These are communicated to stakeholders at the System Operations Forums. In addition Joint Operations Committees are established to monitor progress on the implementation of water restrictions and advice provided on further interventions where necessary e.g installation of flow restrictors at household level or supply through water tankers, drilling of boreholes etc. Further details are given in the table and section 2 of the response below.

(2)(a) Yes. Most of the municipalities are implementing measures to conserve water and there is already a reduction in demand. The measures include:

• Restrictors on the bulk meters and the reticulation meters, some municipalities are also restricting consumer meters;
• Pressure Management;
• Education and awareness;
• Water rationing;
• Monitoring Minimum Night Flows;
• Active and passive leakage control, etc.

(2)(b) As mentioned in (a) above, most of the municipalities are already implementing Water Conservation and Water Demand Management measures, for those that are not yet implementing. It is mainly due to lack of human and financial capacity. The Department will continue engaging municipalities through the established structures and the municipalities must actively participate and report in this meetings and prioritize resources and budgets to implement Water Conservation and Water Demand Management.

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Annexure A

Table1: Country’s Major Storage Dams below 35%

Provinces: Free State, KwaZulu-Natal, Mpumalanga, Limpopo, Eastern Cape, North West & Northern Cape

Reservoir Name	Full Supply Capacity in 106 m3	%	Municipality supplied	Measures	Implementation
Free State
Bloemhof	1 240	20.4	Lekwa-Teemane Municipality Bloemhof, Kuruman,	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 12/08/16 (No 40203)	Restrictions for Domestic @15%andIrrigation @ 20% are being implemented Early Warning systems established to monitor achievement of restrictions Joint Operations Committee (JOC) formed to give direction to municipality on implementing the restrictions Last SOF held on 1 December 2016
Kalkfontein	325	3.7	Kopanong Municipality (Koffiefontein, Jacobsdal, Jagersfontein and Fauresmith)	Drought Operating Rule determined and communicated at the SOF Restrictions gazetted on 19/02/16 (No 39718)	Restrictions for Domestic @ 40%&Irrigation @100% are being implemented Early Warning systems established to monitor achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last Forum held on 29 November 2016
Allemanskraal	174	14.0	Masilonyana and Tswelopele Municipality (Brandfort, Bultfontein, Theunissen and Virginia)	Drought Operating Rule determined and communicated at the SOF Restrictions gazetted on 12/08/16 (No 40203)	Restrictions for Domestic: 40%Irrigation 92% are being implemented Early Warning systems established to monitor achievement of restrictions. JOC formed to give direction to municipality on implementing the restrictions. -Last Forum held on 1 December 2016
Rustfontein	71	25.5	Mangaung Metropolitan	Drought Operating Rule determined and communicated at the SOF Part of Bloemfontein System. Restrictions gazetted on 12/02/16 No 39679.	Restrictions for Domestic: 30%Irrigation: 75% are being implemented Early Warning systems established to monitor achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions. Last SOF held on 29 November 2016
Krugersdrift	71	26.0	Ikgomotseng and Soutpan	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 19/02/16: No 39718	Restrictions forDomestic: 20%Irrigation: 50% are being implemented Early Warning systems established to monitor achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last SOF held on 29 November 2016
KwaZulu Natal
Goedertrouw	301	19.5	Umhlathuze, Umlalazi, Uthungulu	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 24/03/16, No 39860:	Restrictions for Domestic: 40%Irrigation: 80% Industrial: 15%are being implemented Early Warning systems established to measure achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last SOFs held on 12 July 2016
Albert Falls	288	27.3	Umgugundlovu, Ethekwini Metropolitan	Drought Operating Rule determined and communicated at the SOF. Part of the Umgeni system Restrictions published on 24/03/16 (No 39860)	Part of the Umgeni Water Supply System which is currently at 47,6% and -Restrictions for Domestic: 15% Irrigation: 50%Industrial: 15%are being implemented Early Warning systems established to measure achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last SOF was held on 17 June 2016 as part of Mgeni SOF.
Mpumalanga
Kwena	158	23.9	Ehlanzeni	Drought Operating Rule determined and communicated at the SOF. Part of the Crocodile System. Restriction notices issued by Inkomati/Usuthu Catchment Management Agency. (Compliance not known yet)	Restrictions for Domestic, irrigation are being implemented Early Warning systems established to measure achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last Committee held on 2 November 2016 as part of the CROCOC
Driekoppies	250	20.5	Nkomazi	Drought Operating Rule determined and communicated at the Komati Joint Operations Forum. Part of the Komati Basin Water Authority (KOBWA) Restriction notices were issued. (Compliance not yet known)	Early Warning systems established to measure achievement of restrictions JOC established to give direction to municipalities on implementing the restrictions Last Forum held on 17 November 2016 as part of KOBWA
Limpopo
Middel-Letaba	171	16.3	Mopani Municipality	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 16/09/16 (No 1066)	Restrictions for Domestic 20%Irrigation 80% are being implemented Early Warning systems established to measure achievement of restrictions. JOC formed to give direction to municipality on implementing the restrictions Last Forum held on 29 April 2016 as part of the Shingwedzi CMF
Tzaneen	156	13.2	Mopani Municipality	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 16/09/16 (No 1066)	Restrictions for Domestic @ 20%& Irrigation @ 70% are being implemented Early Warning systems established to measure achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions. Last Forum held on 25 October 2016
Nzhelele	51	8.6	Thulamela	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 16/09/16 (No. 1066)	Restrictions for Irrigation: 40% are being implemented Early Warning systems established to measure achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last Forum held on 21 April 2016
Flag Boshielo	185	17.7	Polokwane Metro	Part of the Polokwane System. Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 16/09/16, ( No 40284)	Restrictions for Domestic: 30%Mining: 55% are being implemented Early Warning systems established to measure achievement of restrictions JOC to be established to give direction to municipality on implementing the restrictions Last Forum held on 25 May 2016
Rhenosterkop	204	16.3	Nkangala DM	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 16/09/16 (No. 1066)	Restrictions for Irrigation: 60%-70%(Depending on rainfall) are being implemented Early Warning systems established to measure achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last Forum held on 20th April 2016

Eastern Cape
Darlington	180	18.2	Nelson Mandela Metro	Drought Operating Rule determined and communicated at the SOF. Receiving water from the Orange River System: Restrictions published on 26/08/16 (No.40229) The Dam is operated below 45% for Dam safety reasons	Restrictions of 15% on all transfers form the Orange River System are being implemented Early Warning systems established to measure achievement of restrictions and communication is on-going to align information Last Forum held on 20 September 2016
North West
Molatedi	200	25.2	Moses kotane	Drought Operating Rule determined and communicated at the SOF. Restrictions gazetted on 14/10/16 (No. 40346)	Restrictions on Domestic @50%& Irrigation @75% are being implemented Early Warning systems established to measure achievement of restrictions JOC formed to give direction to municipality on implementing the restrictions Last Forum held on 16 August 2016 as part of the Marico CMF

Northern Cape
Reservoir Name	Full Supply Capacity in 106 m3	%	Municipality supplied	Measures	Implementation
Spitskop	57	9.2	Mmamusa Municipality SchweizerReneke	Drought Operating Rule determined and communicated at the SOF. 30% restrictions on irrigation recommended. Achievement not yet visible	Restrictions on irrigation are being implemented Early Warning systems established to measure achievement of restrictions Last Forum held on 07 September 2016

Reply:

(a) There is no company in charge of investments of the Transport Pension Fund and Transnet Second Defined Benefit Fund. The Boards of Trustees of the respective Funds are in charge of their investment activities.

(b) No role is played by the said individuals as the Board of Trustees of the respective Funds are in charge of the investment activities.

(c) The specified person’s official positions and involvement in (i) Transnet is that of a Non-Executive Director and Chairperson of the Acquisitions and Disposals

(d) Committee. He is also Chairperson and Trustee of the Board of Trustees of the (ii) Transport Pension Fund and (iii) Transnet Second Defined Benefit Fund respectively.

(d) All non-Executive Directors are appointed to the Transnet Board of Directors by the Shareholder Minister.

(e) The specified person was appointed in the specified positions on the basis of his academic qualifications and technical expertise on the activities of the Board of Directors, and the respective Funds.