Questions and Replies

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:

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:

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:

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:

(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:

(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:

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:

(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:

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:

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:

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).   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:

(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.  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)(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:

(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:

(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:

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:

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 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:

The reply in question was 

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

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) (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:

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:

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:

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:

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:

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

Reply:

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

Reply:

A.  (i)(ii) The current contract for e-toll operations is still valid. As a result, no renewal has taken place. The applicable time periods for the operational contract, as was awarded historically are as follow:

• ORT Operations : 96 Calendar Months
• TCH Operations : 60 Calendar Months
• VPC Operations : 60 Calendar Months

These time periods apply from 3 December 2013, when toll collection for the Gauteng freeways commenced.

B.  Not applicable

C.  Not applicable

D.  SANRAL uses the FIDIC Gold Contract as a basis for monitoring the performance of the contractor.

E.  Not Applicable

Reply:

1. (a) 14 343 Students were granted bursaries from the Funza Lushaka Bursary Scheme in the 2016 academic year;

(b) Placement of Funza Lushaka graduates is an ongoing process as it part of the processes of the filling of posts in schools. As at the middle of February 2017, the placement status in each province was as follows:

PED	Placed	Unplaced	Total Allocation
Eastern Cape	433	128	561
Free State	294	6	300
Gauteng	810	44	854
KwaZulu-Natal	996	45	1 041
Limpopo	377	10	387
Mpumalanga	375	5	380
North West	216	0	216
Northern Cape	137	6	143
Western Cape	430	219	649
Grand Total	4 068	463	4 531

 

(2) The determination of the educator post basket for each province is an annual process which is determined by balancing both the curriculum needs and the available budget or affordability. An affordable post basket is then allocated accordingly also taking into account factors such as prevailing allocation levels and targeted learners to educator ratios. All posts are distributed to schools using the post provisioning model and there is no specific allocation for new teachers. It is also important to note that the process of declaring posts is subject to consultation with the Teacher Unions and School Governing Bodies.

(3) The National Department does not routinely collect this operational data as it is not required to report on the indicators prioritised for monitoring at national level. The information will be requested from provinces and supplied accordingly once obtained.

(4) The standard practice for tax calculation is to calculate tax based on a monthly salary. This is to ensure income is placed in an appropriate tax bracket.

 

Reply:

1. (a) The Objectives of the 3rd Annual Road Safety Summit held in November 2016:

The overall objective is to follow-up on the implementation progress of the previous Summit Resolutions. The Road Safety Summit is an annual Summit which the Department uses as a monitoring tool to assess progress and what interventions are required in the implementation of the previous Resolutions.

The following are the objectives that speak to the different components of the Summit:

• Review results of the 365 day road safety programme detailing successes and failures including devising strategies how best these programmes can be achieved collectively
• Refocus on how best set targets in the road safety strategy can be met through a collaborative effort among all stakeholders
• Strengthening of law enforcement authorities among these being the increase of law enforcement officers
• Focus on the review of existing legislation particularly the National Road Traffic Act and AARTO Amendment Bill
• road structural challenges and educational campaigns aimed at raising awareness about road safety hazards among motorists, passengers and pedestrians
• AARTO national rollout and points demerit system
• Tackling corruption and bribery mainly in the licensing testing stations and driving schools
• Improve road user behavior and attitude by involving communities
• Improve driving skills and abilities of drivers
• map out and devise funding strategies for road safety programmes between government, business, Ngos and communities
• work out implementation mechanism of Summit resolutions at national, provincial, district, metro and municipal levels of government to ensure effective implementation of the National Road Safety Strategy 2014/19 to derive tangible and measurable results
• Improve coordination of road safety managment

(b) (i) which objectives were met

The following objectives were met while others remain work-in-progress

• Tackling corruption and bribery mainly in the licensing testing stations and driving schools
• Review results of the 365 day road safety programme detailing successes and failures including devising strategies how best these programmes can be achieved collectively
• Strengthening of law enforcement authorities among these being the increase of law enforcement officers
• Improve road user behavior and attitude by involving communities
• Improve driving skills and abilities of drivers
• Improve coordination of road safety management

(ii) The objectives are measured based on the following Key Performance Indicators:

• Development of national anti-fraud policy for implementation by all entities in all regions by 2018
• Number of anti-corruption training interventions rolled out to government officials and members of the public
• Number of officials trained on anti-corruption
• Number of members of the public trained on anti-corruption
• Number of incidents of fraud and corruption reported, charges investigated, prosecuted successfully

Number of new systems and processes introduced to address fraud and corruption.

• Number of educational/road safety awareness campaigns initiated
• Incorporation of specific road safety content in basic education curriculum by 2017

Improved road safety knowledge of South Africans year-on-year (measured through surveys)

• Number of traffic violations occurred
• Development of intelligence-led enforcement campaigns for national implementation
• Increased visibility of traffic police, 24/7 (measured by surveys)
• Successful implementation of AARTO - Implement systems to identify repeat offenders by 2018
• Number of Vulnerable Road User (VRU) crash statistics: cyclists; motor passengers, , pedestrians etc.
• Number of educational programmes, activities to promote community discussion and involvement in road safety at school and community levels
• Number of learners and community members engaged in road safety programmes
• Number of incentives developed for good driving/road user behaviour
• Development of bi-annual conference for youth on road safety

Number of youth role models included in Road Safety Ambassador programme

• Regulate driving schools by 2019
• Introduction of driver re-testing by 2022

Number of drivers re-tested periodically

• Establishment of inter-departmental National Roads Safety Council (NRSC) with fixed scheduled meetings by 2017
• Adherence to defined meeting schedule

(iii) what objectives have not yet been met from the previous summits

• AARTO national rollout and points demerit system
• map out and devise funding strategies for road safety programmes between government, business, Ngos and communities
• Refocus on how best set targets in the road safety strategy can be met through a collaborative effort among all stakeholders
• map out and devise funding strategies for road safety programmes between government, business, Ngos and communities
• work out implementation mechanism of Summit resolutions at national, provincial, district, metro and municipal levels of government to ensure effective implementation of the National Road Safety Strategy 2014/19 to derive tangible and measurable results

(iv) what is being done to meet each objective that has not been met

The respective Roads entities of the Department have incorporated the above in their annual performance plans to ensure that measures are in place to implement these objectives as well as concrete synchronisation of plans with Metro and Municipal to ensure effective implementation of the Road Safety strategy to derive tangible and measurable results.

A special Funding and Implementation committee has been established whose sole role is to establish a funding model strategy which will speak to the implementation of the overall National Road Safety Strategy.

(v) what was the total cost of the summit

R431 297.00

2.  (a) (i) Invitations were sent to more than 350 people and also used the Word of Mouth at the targeted audience

(ii) About 550 people attended the Summit

(b)(i) The Minister of Transport, senior officials from the Department of Transport, MEC of Transport in KZN province, MEC of Social Development in the KZN Province, CEOs of state owned entities of Transport, officials from the entities of state owned entities

(ii) The Provincial Governments of Transport, Basic Education, Social Development, Health and Community Safety, the National Government Department of Transport, private sector companies, NGO representatives, Youth sector representatives, Faith based representatives, Driving Schools representatives, Taxi and Bus industry representatives, Provincial Legislature members, South African Roads federation representatives, Zoleka Mandela Foundation, Global Road Safety Projects representative, Women in Transport representative, Community based organisations and Media houses

Reply:

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

Reply:

1.    (a) Security to the then Acting Chief Executive Officer was provided by a private company at a cost R158 118 per month

       (b) Security to the current CEO of the RTMC is provided by members of the National Traffic Police, who are already employees of the Corporation. The Corporation incurs only their salary and related costs.

 

2.     (a) The details of risk assessment are available and can be accessed from the relevant law enforcement agency that conducted the assessment.

        (b) The assessment was conducted by the South African Police Crime Intelligence.

Reply:

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

Reply:

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

Reply:

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

Reply:

Airports Company South Africa SOC Limited (ACSA)

 (a) (i)(ii)(iii) The issues of missing luggage are handled by individual airlines and the Department of Transport will therefore not have the information requested.

 (b) (c) (i)(ii)(iii) Falls away

(d) (i)(ii)(iii) Falls away

Reply:

SA-SAMS cannot print differentiated reports currently. It generates (a) progress reports and (b) promotion schedules for each grade and lists both Mainstream and Special need learners on the same schedule.

Provisions for differentiated reports are included in the request list to SITA.

Reply:

(a) (i) What are the details of the festive season road-safety campaign, including dates and activities

The focus was mainly on drivers, passengers and pedestrians, although cyclists contribute a minimal percentage to the road fatalities, they were also targeted.

Road User Group	Venue	Province
Drivers, Passengers, Pedestrians Drivers, Passengers Drivers, Passengers Drivers, Passengers Drivers, Passengers Drivers, Passengers Drivers, Passengers Drivers, Passengers Drivers, Passengers Drivers, Passengers Drivers, Passengers Stray animals Stray animals Stray animals Stray animals Stray animals Interfaith	Launch - Eldoradopark Alzu   Petroport NI Shell Ultra City Graaf Reinet Launch EC Festive Ngodwana, N4 Newcastle Taxi Rank N12 and Potchefstroom Taxi Rank Kuruman Taxi Rank Motswako Galeshewe Engen Kranskop and tollgate Bela Bela Taxi rank Engen Bloemfontein and Tollgate Kwaggafontein Complex Port Edward Margate Taxi Rank Ikageng Gate, Potchefstroom Potchefstroom Taxi Rank Lichtenburg Taxi Rank Nkomazi Elokwatini Seoding Village, Kuruman Nkangala Kagung, Kuruman Maruping Village, Mothibistad, Kuruman	Gauteng Mpumalanga    Gauteng Eastern Cape Mpumalanga KZN North West Northern Cape Limpopo Free State Mpumalanga KZN North West Mpumalanga Mpumalanga Northern Cape Mpumalanga Northern Cape Northern Cape

(ii) on what basis was the campaign designed

This is informed by our crash data that the majority of people who die on our roads are vulnerable road users. Thus the campaign sort to reach out passengers and pedestrians. It is common cause that during the festive season people travel long distances on the road, hence the campaign was also developed and targeted drivers as well.

(b) (i) how was the success of this campaign measured

This was through determining the number of people that were reached through our campaigns using various mediums. As well as through the feedback we received while engaging road users.

(ii) what factors emerged that showed statistics to be worse this festive season than the previous one

Factors that emerged to make this year’s statistics worse than the previous one include the rainy conditions that conditions that prevailed over this period. The festive season was also characterised by three successive long weekends. This encourage the consumption of alcohol and lond distance traveling.

(c) what plans are in place to rectify this?

Road Safety Education planned a more intense 365 Day Road Safety Plan. The Department, provinces and all the Roads Entities are gearing up to implementing the National Road Safety Strategy once approved by Cabinet. In the meantime efforts are being put in place to enhance the work that is being done through law enforcement, education and awareness campaigns as well as media campaigns. These programmes focus on the following:

• Driver programme which includes dangerous driving, impaired driving, distracted driving and roadworthiness of vehicles
• Passenger programme which includes seatbelt usage, child restraints, distracted behaviour
• Pedestrian programme which includes impaired walking, distracted walking, dangerous walking and visibility
• Cyclist programme which include impaired cycling, distracted cycling and dangerous cycling and visibility
• Youth driver programme which was directed specifically to the youth driver Youth at Institutions of Higher Learning which was directed to youth at Universities and colleges
• Stray animal programme which was directed to cattle owners and how to look after the cattle, visibility
• Interfaith programme which was directed to churches

Reply:

(a) According to the third quarter of 2016/17 financial year statistical reports received from national and provincial departments the total number of court cases in:

(i) national departments is 53, where 8 cases have been finalised and 45 cases are still pending, and

(ii) in provinces is 125, where 6 cases are finalised and 119 cases still pending.

(b) The duration of the pending court cases is determined by the processes as each case unfolds in court. The longest pending case was lodged 4 years ago in February 2013 whilst the shortest pending case was lodged in December 2016.

REPLY ORIGINATOR

Name: Koos Shabangu

Designation: Deputy Director

Contacts: 012-336 1274

E-Mail: [email protected]

Recommended / Not recommended

__________________

Director General:

Date: _____________

Recommended / Not Recommended

_____________________

Ms Ayanda Dlodlo, MP

Deputy Minister for the Public Service and Administration

Date:______________

Approved/ Not approved

________________________

Adv. Ngoako Ramatlhodi, MP

Minister for the Public Service and Administration

Date:________

Reply:

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

Reply:

1. (a) The main objectives of the First National Traffic Indaba were to bring together traffic law enforcement officers from all entities in the country to discuss:

• Improved and integrated law enforcement
• Best practices in the law enforcement fraternity
• Economic impact of road carnages
• Norms and standards of law enforcement
• New technologies to improve efficiency in law enforcement
• Improved working conditions for traffic law enforcement officers
• Quality of licensed drivers

(b)  (i) All the objectives were met

(ii) The objectives were measured through the quality of papers presented, the quality of engagements in at the breakaway sessions and the commitment to declaration adopted at the end of the Indaba.

(c) R7,4 m

(d) (i) 1200 people were invited

(ii) 1300 attended

2.   (a) The difference between the indaba and road safety summit is that the indaba aimed at getting traffic law enforcers to discuss and share experiences among themselves on matters that impede them in the execution of their duties and how these can be improved.

On the other hand the Road Safety Summit brings together government agencies and civil society representatives to discuss on the cross-cutting issues of road safety and community-based initiatives that can be implemented to reduce road crashes.

(b) The two could not be combined because the indaba was focussed exclusively on professional issues facing traffic law enforcers in the country whereas the summit focusses on the issues confronted by the general public.

Reply:

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

Reply:

1.  (a) (b) (i) (ii) The Department made inquiries with the relevant province where the alleged incident took place. The provincial department advised that they had no knowledge of the incident.

2.  (a) (b) As a result of the above no investigation is taking place.

3.  In relation to other crimes, an investigation is conducted whilst the perpetrator is put ona precautionary suspension whilst the investigation is being conducted.

Additional information for the Minister

The Department made inquiries with the Limpopo Department of Roads and Transport. We were informed that the Limpopo Department had made inquiries with the provincial traffic station in the Matoks area and it was confirmed that no one had been shot. As a result of this they are not aware of any investigation that is taking place.