Questions and Replies

Reply:

1.Did (a) his department or (b) any entity reporting to him participate in the Dialogue with the President: Unpacking of the SONA 2017 on Radical Economic Transformation Implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017; if so, what amount was spent in each case;   2. did (a) his department or (b) any entity reporting to him participate in the auction of the (i) souvenirs or (ii) personal belongings of the President of the Republic, Mr Jacob G Zuma; if so, (aa) which items were purchased and (bb) at what cost, in each case?
		1.	2.
Department of Mineral Resources		No	No No (aa) None (bb) Not applicable
Entities	CGS	No	No No (aa) None (bb) Not applicable
	MINTEK	No	No No (aa) None (bb) Not applicable
	SDT	No	No No (aa) None (bb) Not applicable
	SADPMR	No	No No (aa) None (bb) Not applicable
	MHSC	No	No No (aa) None (bb) Not applicable

 

Reply:

(1) The Department is not aware of closing down of any Frail Care Centre.

All movements that relate to what has just befallen our country in Gauteng has been temporarily suspended more particularly in frail care centers and mental health institutions. The Department advised MECs not to continue with this up until an amicable solution is found. While other Departments address issues of financial challenges, the Department of Social Development does its best to provide care and support.

The Department however is aware that the contract between Eastern Cape Frail Care (Pty) Limited and the Department of Social Development, Eastern Cape has come to an end on 31 December 2016. It was agreed that the service provider continues rendering the service on a month-to-month interim arrangement until 31 March 2017.

The Eastern Cape Provincial Office of the Department advertised a call for proposals on 19 October 2016 in accordance with the National NPO Financing Guidelines and closed the advert on 21 November 2016. Six NPOs responded to the call and none qualified. The Department then re-advertised for new proposals on 23 January 2017 which closed on 17 February 2017. Only one NPO responded to this call, the same NPO which was disqualified in the previous evaluation process. The Department has re-advertised and called for proposals for the third time in the local media to ensure transparency and fairness in the process.

(2) The protection of the rights of Older Persons and Persons with Disabilities is paramount in the Department’s approach to handle the situation. The Department is currently working on a contingency plan. Prescripts of the Policy on Financial Awards, PFMA and National Treasury Regulations will be adhered to. If there is a need to negotiate with the current service provider, viz. Eastern Cape Frail Care (Pty) Limited, the Department will do so.

(3)(a) The Department has an obligation under section 16 of the Older Persons Act 13 of 2006 to inform the residents and families within 30 days of a proposed transfer or discharge. On 14 November 2016 a meeting was held with service offices, requesting them to visit the next of kin of all residents, to notify and prepare them for the possible transfer of residents as prescribed in Section 16 of the Older Persons Act, 2006. On 16 November 2016, the service offices started visiting families. 128 families were visited in the Nelson Mandela Metro; of which 87 families signed the notifications for relocations of residents to suitable alternative facilities, 30 families refused to sign the notifications, 3 families indicated that they wanted to take the beneficiaries home, 8 families were untraceable and 21 beneficiaries had been abandoned with no family. 1 family was visited in the O.R Tambo Metro, and the family signed the notification. 10 families were visited in the Sarah Baartman Metro, all of whom signed the notification. 8 families were visited in the Buffalo City Metro, all of whom signed the notification. The Department is still tracing families in the Chris Hani and Amathole Districts. On 18 November 2016, the social workers notified the residents of the centres regarding possible relocation. On 1 December 2016 and 4 December 2016, the Department also conducted group sessions with families at Uitenhage and Ibhayi building respectively to clarify concerns of the families, and to inform them that the Department would continue to provide the services to the beneficiaries. The Department of Health conducted Health Assessment to all beneficiaries in preparation for the possible re-location.

(b) Alternate accommodation is not necessary for now as the same service provider is still continuing with rendering the service. Once suitable NPOs have been identified to take over the service, accommodation will be provided by the NPOs.

(c & d) The Department does not have a plan to move beneficiaries far from their homes. The Department would like families to continue visiting their older persons in residential facilities. This promotes the rights of older persons to keep contact with their families.

(4) (a) Yes, next of kin will be advised of the transfer before residents are moved. The Older Persons Act, 2006 further mandates that Older Persons must be prepared accordingly, i.e. psychologically and as the need determines.

(b)(i) Yes, The Department will choose only those NPOs which meet the Norms and Standards of the Older Persons Act, 2006 and relevant pieces of Legislative Frameworks that impact on older persons who reside in residential care facilities, e.g. National Health Act, 2004, National Environmental Management Act, 1998 etc. to relocate beneficiaries.

(ii) Furthermore NPOs must be registered as residential facilities in terms of the Older Persons Act No 13 of 2006.

(c) Yes, proper arrangements to transport residents will be conducted in consultation with the Department of Health.

Reply:

Yes, the Passenger Rail Agency of South Africa has debt that has remained unpaid for 30 days or more.

a) (i) Debt outstanding for more than 60 days see link below:

https://pmg.org.za/files/RNW897Table-170407.docx

a) (ii) 95% of debt is owed to Transnet. Discussions are ongoing between PRASA and Transnet to resolve the debt. 4% of debt is owed to other suppliers; some invoices have disputes that are in the process of clearing, whilst others have not have been paid due to cash constraints.

b) Debt is settled twice a month.

c) (i) Invoices are signed off by end user as confirmation that services were rendered

   (ii) Invoices are loaded on system

  (iii) Payments are made twice a month on invoices 30 days and older dependant on cash flow constraints, small suppliers is prioritised. Age analyses are scrutinised by CFO’s for reasons of non-payment.

Reply:

On 28 February 2017 the Road Accident Fund (RAF) presented its financial position and cash constraints to the Portfolio Committee on Transport (PCoT). This presentation was linked to the debts as posed in this Parliamentary Question and included reference to the RAF’s 2013/14, 2014/15 and 2015/16 Annual Financial Statements previously presented to PCoT inclusive of the same financial reality.

The RAF has debt that has remained unpaid for 30 days or more, defined for purposes of this reply as money the RAF is required to pay immediately and excludes borrowings. To avoid doubt, the RAF has no borrowings;

(a)(i) debts older than 30 days (Claims Creditors as at 4 April 2017 and Trade Creditors as at 28 February 2017) comprise of a total of 14 555 individual debts with a combined value of R 5.5 billion, which are debts processed for payment but have not yet been paid. In respect of Claims Creditors (payments due in relation to claims made under the Road Accident Fund Act, No. 56 of 1996) (Act), the details of the debts are set out in the table below:

Claim Creditor Category	Number of Claims Creditors	Value in Rand	Payment Date
Claimant creditors - capital	5 198	R 3 960 543 951	Less than 180 days from date of payment request as per the RAF’s Cash Management Plan
Claimant creditors - cost	3 792	R 748 282 177
Writ creditors (capital and / or costs)	1 858	R 783 182 863
Supplier creditors	180	R 2 465 110
Undertaking creditors	199	R 3 100 830
RAF attorneys, actuaries and other claim operations service providers	3 147	R 60 009 169

Details of debts due to Trade Creditors are captured in the table below:

Category	Number of Trade Creditors	Number of Transactions	Value in Rand	Payment Date
Trade Creditors	17	181	R  6 147 178	Dependent on reconciling of items

(ii) the reason for non-payment in respect of each Claims Creditor is the lack of cash to make payment when due as a result of the mismatch between the funding the RAF receives via the Road Accident Fund Fuel Levy (approximately R2.8 billion per month) and the payments the RAF is required to make to Claims Creditors in terms of the Act (approximately R3 billion per month), and the reasons for non-payment in respect of each Trade Creditor is due to engagements in the ordinary course of business with the suppliers of goods and services on items being queried for any number of reasons – also known as reconciling items.

(b) the RAF implemented a Cash Management Plan based on the RAF’s actuarially determined Funding Model, to determine the number of days necessary to effect payment on the basis of the monthly Road Accident Fund Fuel Levy income forecast and the monthly claim settlement patterns and related service level agreements (these calculations are refreshed when circumstances change materially, or at a minimum once a year). The key objective of the Cash Management Plan is to ensure the maximum number of payments to all categories of Claim Creditors and Trade Creditors, within the available cash constraints, noting that there is insufficient cash to settle all debts which are due for payment at any point in time. Currently the maximum payment days the RAF endeavors to honor are 180 days from when the debt was processed for payment. However, the exact date of settlement of the outstanding debts in respect of each of the Claims Creditors is unknown as the payment date is dependent on the category of debt as defined in the Cash Management Plan and the available cash to make payment (which is in turn dependent on the fluctuating monthly Road Accident Fund Fuel Levy income and the ad hoc recovery of diesel rebates, which reduce the Road Accident Fund Fuel Levy income), number of claims settled, number of judgments, number of writs, and operational interruptions as a result of bank account attachments. The exact date of settlement of the outstanding debts in respect of each Trade Creditor is unknown because of the dependency on the reconciling of items.

(c) noting the challenges relating to cash constraints and the reconciling of items, the following mechanisms are in place to ensure that payments are made: (i) manual and automated payment processes, and daily, weekly and monthly reporting mechanisms, (ii) the RAF Accounts Payable Policy and Standard Operating Procedure, and (iii) the Cash Management Plan.

Reply:

The Cross-Border Road Transport Agency (C-BRTA) pays its debt timeously, at an average of 14 days per creditor. There are however, isolated instances where service providers are not paid within 30 days of receipt of invoices for a variety of reasons, for instance, where the service has not been satisfactory and warrants engagement with the service providers, or where errors have been picked up from the supplier invoices or where the price charged is not in line with what was contracted or quoted. As at end of February 2017, the following creditors’ balances were not paid and been over 30 days:

(a) i			(a) ii	(b)
Service provider	Invoice number	Invoice dates	Reason for non-payment	Settlement date
Eris Property	DBBMARCRO/2016/10 (Parking rental)	21-10-2016	Disputed as the invoiced service was never ordered or rendered to the Agency. Service provider to provide credit note.	Subsequently settled in March 2017 by means of credit note received from the Supplier
Madijo Trading Enterprises	INV 2549 (Supply of Uniform)	2015-04-16	Disputed as the ordered goods were not delivered as per the specifications. Goods returned to service provider.	Once engagements with the service provider for a credit note are concluded
Orange Fox Security Services	Inv0000866 (Security)	2014-06-13	Disputed as there is no proof that the ordered items were delivered.	Once engagements with the service provider for a credit note are concluded
Mdluli Office Automation (Seartec)	Various invoice numbers backdated by supplier between periods June 2016-January 2017. (Photocopiers)	Various invoice dates. Backdated between June 2016- January 2017. Invoices sent by supplier on 27 January 2017 and 30 January 2017	The service provider did not invoice the Agency and had internal backlog and were undergoing internal restructuring. Invoices were subsequently received in January 2017 and backdated.	Partially settled in March 2017. Disputed amounts will be settled once engagements with the service provider have been concluded.
Sipho Mano	Inv. 20278 Inv. 20277 Inv. 20258 (Catering and events)	05-02-2013 04-02-2013 19-10-2013	Disputed as the service provider invoiced above the quotation and approved purchase order amounts.	Supplier to credit the overcharged amount or amount to be written off in June 2017.
(b) i			(b) ii	(b)
Service provider	Invoice number	Invoice dates	Reason for non-payment	Settlement date
Atlantis Corporate Travel	Hof0124254 (Travel)	31/05/2015	Invoice was disputed due to overcharging by service provider. Invoice in excess of the purchase order and the initial quotation. The purchase order amount was paid. The service provider could also not produce any supporting documents to prove or explain the variance.	Ongoing engagements with the service provider for a credit note and efforts are being put in place to resolve this matter by the end of May 2017.
Atlantis Corporate Travel	Hof0142429 (Travel)	30/11/2015	Invoice was disputed due to overcharging by service provider. Invoice in excess of the purchase order and the initial quotation. The purchase order amount was paid. The service provider could also not produce any supporting documents to proof or explain the variance.
Duma Travel	Hof0710448 (Travel)	13/05/2015	Invoice was disputed as the service was not rendered and the service provider could also not produce any supporting documents to prove that the service was rendered.
Duma Travel	Hof0699427 Travel)	22/04/2015	Invoice was disputed as the service was not rendered and the service provider could also not produce any supporting documents to prove that the service was rendered.
Duma Travel	Hof0560673 (Travel)	31/08/2014	Invoice was disputed as the service was not rendered and the service provider could also not produce any supporting documents to prove that the service was rendered.
Duma Travel	Hof0710428 (Travel)	13/05/2015	Invoice was disputed as the service was not rendered and the service provider could also not produce any supporting documents to prove that the service was rendered.

(c) (i) (ii) (iii) Mechanisms and processes are already firmly in place to ensure suppliers are paid on time. There is a dedicated unit within the Finance division that handles payments to suppliers. All invoices received are recorded and stamped reflecting the date of receipt. Invoices are upon receipt, matched with the relevant supporting documentation and submitted to relevant officials to validate delivery of goods or services. Disputes are clearly communicated to the service providers to ensure that such disputes are resolved on time.

The Agency has a duty to ensure payments are not irregular, are not fraudulent and are for the services ordered and rendered. No interest or fruitless expenditure has therefore been charged to the Agency as a result of supplier payment delays in the last two financial years.

Reply:

a) (i) are the details of these debts,

Service provider / Invoice holder	Invoice number	Invoice dates	Reason for non-payment	Settlement date
Putco Mafani Consulting	INV2016-09-06	06-09-2016	This matter has been referred to the Legal unit as there is a contractual disagreement.	Once agreement is reached
Nexus Travel	INV082193 to INV0920319	29-01-2016 to 15-09-2016	There was dispute on charges for accommodation and conference fees	RTMC has agreed on a settlement of R151 005.74 which was PAID in March. The balance of R557 990.74 will be reversed.

The RTMC has two debts over 30 days:

• Putco Mafani Consulting – R20 000
• Nexus Travel - R728 996.46

(ii) what are the reasons for non-payment in each case,

• Nexus Travel – Nexus overcharged RTMC on the accommodation and conference fees and we have agreed on a settlement of R151 005.74 which was PAID in March. The balance of R557 990.74 will be reversed.
• Putco Mafani Consulting – This matter has been referred to the Legal unit as there is a contractual disagreement.

b) Nexus Travel has been paid already during the last week of March and Putco Mafani Consulting will depend on the outcome of the advice from Legal unit.

c) (i) processes, (ii) procedures and (iii) mechanisms are in place to ensure that payments are made on time?

The Corporation pays creditors on a weekly basis and has no history of long overdue debts. The preliminary creditors’ age analysis for March 2017, indicates that only 0.03% of creditors were over 30 days; and it was only two suppliers.

When invoices are received, they are recorded in a register for follow up, sent to programme managers for sign off and paid promptly. Where there is a delay, Logistics Management follows up with programme managers.

Reply:

(a) & (b)

Number of Investigations Conducted
Category	2014/15	2015/16	2016/17	Total
Collision between trains	8	8	10	26
Derailments	14	32	24	70
Level crossing Collisions	7	13	18	38
People Struck By Trains	1	3	22	26
Platform Train Interface Occurrences	0	12	19	31
Averted Collisions	0	2	3	5
Runaways Trains	1	1	1	3
Train High Tension Fires	1	0	1	2
Electrocution	0	0	1	1
Signal Passed At Danger	2	1	0	3
Total	34	72	99	205

Gauteng
Category	2014/15	2015/16	2016/17	Total
Collision between trains	1	3	2	6
Derailments	4	9	13	26
Level crossing Collisions	1	3	1	5
People Struck By Trains	0	2	12	14
Platform Train Interface Occurrences	0	9	13	22
Other	2	2	5	9

North West
Category	2014/15	2015/16	2016/17	Total
Collision between trains	0	2	0	2
Derailments	0	2	1	4
Level crossing Collisions	4	4	1	9
People Struck By Trains	0	0	0	0
Platform Train Interface Occurrences	0	1	0	1
Other	1	0	0	1

Western Cape
Category	2014/15	2015/16	2016/17	Total
Collision between trains	1	3	0	4
Derailments	3	6	1	10
Level crossing Collisions	1	2	4	7
People Struck By Trains	0	0	4	4
Platform Train Interface Occurrences	0	3	3	6
Other	1	0	1	2

Free State
Category	2014/15	2015/16	2016/17	Total
Collision between trains	0	0	0	0
Derailments	0	1	1	2
Level crossing Collisions	0	0	0	0
People Struck By Trains	0	0	0	0
Platform Train Interface Occurrences	0	0	0	0
Other	0	0	0	0

Eastern Cape
Category	2014/15	2015/16	2016/17	Total
Collision between trains	0	0	1	1
Derailments	1	4	0	5
Level crossing Collisions	0	2	2	4
People Struck By Trains	0	0	0	0
Platform Train Interface Occurrences	0	0	0	0
Other	0	0	0	0

Limpopo Province
Category	2014/15	2015/16	2016/17	Total
Collision between trains	3	1	0	4
Derailments	0	2	2	4
Level crossing Collisions	0	0	4	4
People Struck By Trains	0	0	0	0
Platform Train Interface Occurrences	0	0	0	0
Other	0	0	0	0

Northern Cape
Category	2014/15	2015/16	2016/17	Total
Collision between trains	0	0	0	0
Derailments	0	3	12	15
Level crossing Collisions	0	1		1
People Struck By Trains	0	0	0	0
Platform Train Interface Occurrences	0	0	0	0
Other	0	0	0	0

Mpumalanga
Category	2014/15	2015/16	2016/17	Total
Collision between trains	1	2	1	4
Derailments	4	2	0	6
Level crossing Collisions	0	0	11	11
People Struck By Trains	0	0	0	0
Platform Train Interface Occurrences	0	0	0	0
Other	1	0	0	1

KwaZulu Natal
Category	2014/15	2015/16	2016/17	Total
Collision between trains	2	0	1	3
Derailments	2	1	4	7
Level crossing Collisions	1	0	4	5
People Struck By Trains	0	1	3	4
Platform Train Interface Occurrences	0	0	4	4
Other	0	0	0	0

(c) The cost of each investigation:

Cost per Independent BOI
Occurrence	2014/15	2015/16	2016/17
PE Station Derailment	R 831 184,27
Lebaleng rear-end Collision		R 514 026,00
Denver rear-end Collision		R 1 814110,73
Kaalfontein derailment		R 520 880,00
Lower Adamson and Gaika derailments		R 724 600,00
Blaney head-on Collision		R 358 188,00
Booysens rear-end collision		R 580 764,00
Booysens rear-end collision			R 140 402,00
Kimberley derailment (AFRO 4000)			R 361 500,00
Total	R 831 184,27	R 4 512 568,73	R 501 902,00

The costs for RSR internal investigations includes operational costs only. These are conducted by the RSR inspectorate. The table below show the total costs for internal investigation for the last three (3) financial years.

Operational Costs for RSR Internal Investigations
Financial Year	2014/15	2015/16	2016/17
Cost	R 169 681,73	R 344 180,00	R 388 420,00

(d) The outcome of each investigation

See attached Excel Spreadsheet

(e) 

Category	Lessons Learnt
Collision between trains	We need collision avoidance systems installed in trains Invest in maintenance of infrastructure and rolling stock
Derailments	We need more wayside monitoring equipment Invest in maintenance of infrastructure and rolling stock
Level crossing Collisions	We need enforcement at level crossings We need to upgrade protection at level crossings We need to redesign some level crossings
People Struck By Trains	Protection of the railway reserves Awareness to the public Enforcement
Platform Train Interface Occurrences	Upgrade of stations Introduction of new trains Security at stations Public Announcements at stations (Improved and audible communication)
Averted Collisions	Re-Training of employees Fitness for Duty Declaration when reporting for Duty Manage overtime
Runaways Trains	Adherence to procedures
Train High Tension Fires	Maintenance of rolling stock
Electrocution	Supervision
Signal Passed At Danger	Adherence to procedures

(f) The Railway Safety Regulator has adopted a strategic approach to enhance its oversight role, by conducting research on driver behaviour at level crossings (human factors), new technologies and have developed regulations that will support safe railway operations.

Reply:

Kindly refer to the presentation provided to the Portfolio Committee on Water and Sanitation on 03 March 2017 by the Department of Water and Sanitation for details of supplier invoices and the reasons for non-payment.

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Reply:

a) The Board had resolved to request the Chairpersons of the respective Subsidiary Boards to attend and submit their reports to the Governance and Performance Committee of the Main Board, which is comprised of the PRASA Board Chairperson and the Chairpersons of the Board Committees. PRASA has two Subsidiaries, namely: Autopax (Bus service) and Intersite (Property Development).

b) (i) They engaged through the Governance and Performance Committee of the Board.

(ii) Subsidiary Board Chairpersons submit reports to and attend the Governance and Performance Committee of the Board.

c) Governance and Performance Committee of the Board – which is made up of the Board Chairperson and the Chairperson of the Board Committees.

d) The Board had resolved to request the Chairpersons of the respective Subsidiary Boards to attend and submit their reports to the Governance and Performance Committee of the Main Board.

Reply:

1. The amount referred to as payment contractors in the reply to question 2220 actually refers to:

(a) The budget for expenditure incurred towards the contractor for disbursement of grant monies (Cash handling Fees). Expenditure to date (end February 2017) for 2017/18 is R 1,889,541,996

(b) The budgeted amounts for the disbursement of grant monies is as follows:

R’000	2015/16	2016/17	2017/18	2018/19
Budgeted Amount	2,211,551	2,145,984	2,258,674	2,257,024

2. Following approval by the National Treasury for the South African Social

Security Agency to retain its cash surplus the Agency will utilise the cash surplus for the purpose of funding internal capacity for the takeover of the administration of the payment of social grants. The table below shows the budgeted amounts from the retained cash surplus and not necessarily from the baseline.

R'000
2015/16	2016/17	2017/18	2018/19
66,050	132,669	248,000	14,000

Reply:

The Department’s response is as indicated below:

Service Providers	(i) Services Procured	(ii) The total cost	(iii) The detailed breakdown of such costs	(iv) The total amount paid	(v) The purpose of the payments	(vi) The detailed breakdown of such payments in each case
(a) Mr. Mzwanele Manyi	No services procured	Nil	Nil	Nil	Nothing procured	Nil
(b) The Progressive Professionals Forum	No services procured	Nil	Nil	Nil	Nothing procured	Nil
(c) The Decolonisation Fund	No services procured	Nil	Nil	Nil	Nothing procured	Nil
(d)The Black Business Council	No services procured	Nil	Nil	Nil	Nothing procured	Nil

Reply:

(a) The Department multiplies the number of lion hunts by the average price for a lion.

(b) Yes. The number of hunts are derived from professional hunting registers that have to be completed by the professional hunter subsequent to each hunt, and submitted to the relevant provincial conservation authority. The average price for a lion is obtained from the Professional Hunters Association of South Africa that updates this information on an annual basis. The Department consolidates reports from provincial conservation departments relating to trophy hunting on an annual basis.

(c) This will vary between provinces. Provincial conservation departments determine whether a species fee is charged for a lion hunt based on their legal requirements and provincial treasury approval processes.

(d) Public benefits include income tax paid by beneficiaries in the sector; the creation of hunting opportunities for members of the public interested in hunting lion; job opportunities in rural areas where lion hunting takes place; value-added multipliers in terms of associated industries (taxidermy, fire-arms and ammunition, accommodation and tourism opportunities to name a few) that creates economic opportunities; and the use of the income generated through hunting to manage the habitat and area where lion occur, addressing one of the main threats to lions, namely habitat loss.

(e) The Department does not have information relating to the job creation due to lion hunting. It does, however, have information relating to the jobs created by the lion captive breeding industry, and since the majority of lions hunted in South Africa originate from captive breeding facilities, the information is relevant. Based on a study commissioned by the Department and conducted by the University of Free State in 2009, it was concluded that a total of 379 full time job opportunities (direct (225), indirect (49) and induced (105)) are created by the captive lion breeding industry. A recent study conducted by Tourism Research in Economic Environs and Society of the North-West University, regarding the economic significance of the private lion industry in South Africa; found that the lion farmers that participated in the study employ 369 people. The study concluded that an average farmer sustain 4 employees in the economy, and the extrapolated (number of farms 297) total number of 1 680 jobs are sustained in the economy due to lion breeding. This is mainly in rural provinces such as Free State and North West Provinces.

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Reply:

Entity	1(a)	1(b)	1(c)	(i)	(ii)
Companies and Intellectual Property Commission (CIPC)	The Chief Executive Officer post does not exist	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post does not exist	Not applicable	Not applicable
Companies Tribunal (CT)	The Chief Executive Officer post does not exist	The Chief Financial Officer post does not exist	The Chief Operating Officer post does not exist	Not applicable	Not applicable
Export Credit Insurance Corporation (ECIC)	The Chief Executive Officer post is currently not vacant	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post is currently not vacant	Not applicable	Not applicable
National Consumer Commission (NCC)	The Chief Executive Officer post is currently not vacant	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post is currently not vacant	Not applicable	Not applicable
National Consumer Tribunal (NCT)	The Chief Executive Officer post does not exist	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post is currently not vacant	Not applicable	Not applicable
National Credit Regulator (NCR)	The Chief Executive Officer post is currently not vacant	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post is currently vacant	The position has been vacant for 1 year 9 months	The vacancy is due to funding constraints
National Empowerment Fund (NEF)	The Chief Executive Officer post is currently not vacant	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post does not exist	Not applicable	Not applicable
National Gambling Board (NGB)	The Chief Executive Officer post is currently vacant	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post does not exist	The position has been vacant since April 2014	The Entity is currently under Administration.
National Lotteries Commission (NLC)	The Chief Executive Officer post is currently not vacant	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post is currently not vacant	Not applicable	Not applicable
National Metrology Institute of South Africa (NMISA)	The Chief Executive Officer post is currently not vacant	The Chief Financial Officer post is currently vacant	The Chief Operating Officer post is currently not vacant	The post was vacated from 31 March 2017	The incumbent resigned
National Regulator For Compulsory Specifications (NRCS)	The Chief Executive Officer post is currently vacant	The Chief Financial Officer post is currently vacant	The Chief Operating Officer post is currently vacant	CEO – 5 Months CFO – 3 Months COO – Post created but never filled	CEO – Resignation CFO – Resignation COO – Never filled
South African Bureau of Standards (SABS)	The Chief Executive Officer post is currently not vacant	The Chief Financial Officer post is currently not vacant	The Chief Operating Officer post does not exist	Not applicable	Not applicable
South African National Accreditation System (SANAS)	None	None	None	Not applicable	Not applicable

(2) have the vacancies been advertised; if so, (a) were interviews done and (b) on what date will the vacancies be filled;

Entity	2	2(a)	2(b)
Companies and Intellectual Property Commission (CIPC)	Not applicable	Not applicable	Not applicable
Companies Tribunal (CT)	Not applicable	Not applicable	Not applicable
Export Credit Insurance Corporation (ECIC)	Not applicable	Not applicable	Not applicable
National Consumer Commission (NCC)	Not applicable	Not applicable	Not applicable
National Consumer Tribunal (NCT)	Not applicable	Not applicable	Not applicable
National Credit Regulator (NCR)	The vacancy has not been advertised	Not applicable	Not applicable
National Empowerment Fund (NEF)	Not applicable	Not applicable	Not applicable
National Gambling Board (NGB)	The vacany has been advertised	The interviews are not yet done	After proclamation of the National Gambling Amendment Act
National Lotteries Commission (NLC)	Not applicable	Not applicable	Not applicable
National Metrology Institute of South Africa (NMISA)	The vacancy has been advertised	Interviews are planned to take place in May 2017	The vacancy is expected to be filled by August 2017
National Regulator For Compulsory Specifications (NRCS)	CEO - post adverstised CFO - Post advertised COO - post not advertised	CEO – Interviews are not yet done CFO – Interviews were done	Relevant processes to address the vacancies are underway
South African Bureau of Standards (SABS)	Not applicable	Not applicable	Not applicable
South African National Accreditation System (SANAS)	Not applicable	Not applicable	Not applicable

(3) (a) what is the total number of persons who are currently employed in the specified positions in an acting capacity, (b) for what period has each person been acting in each position and (c) has any of the specified persons applied for the positions?

Entity	3(a)	3(b)	3(c)
Companies and Intellectual Property Commission (CIPC)	Not applicable	Not applicable	Not applicable
Companies Tribunal (CT)	Not applicable	Not applicable	Not applicable
Export Credit Insurance Corporation (ECIC)	Not applicable	Not applicable	Not applicable
National Consumer Commission (NCC)	Not applicable	Not applicable	Not applicable
National Consumer Tribunal (NCT)	Not applicable	Not applicable	Not applicable
National Credit Regulator (NCR)	No one is acting in the position	Not applicable	Not applicable
National Empowerment Fund (NEF)	Not applicable	Not applicable	Not applicable
National Gambling Board (NGB)	Not applicable	Not applicable	Not applicable
National Lotteries Commission (NLC)	Not applicable	Not applicable	Not applicable
National Metrology Institute of South Africa (NMISA)	The process to appoint an acting Chief Financial Officer is underway, the previous incumbent ‘s last day of employment was on 31 March 2017	Not applicable	Not applicable
National Regulator For Compulsory Specifications (NRCS)	2 people (CEO and CFO)	CEO – 5 Months CFO – 3 Months	Recruitment process not yet finalised
South African Bureau of Standards (SABS)	Not applicable	Not applicable	Not applicable
South African National Accreditation System (SANAS)	Not applicable	Not applicable	Not applicable

 

Reply:

The South African National Parks (SANParks) has several policies and standard operating procedures in place with respect to the donation and selling of wildlife. Of primary importance is SANParks’ Policy on Wildlife Management as well as SANParks’ Policy on Resource Use which provides the contextual framework for the management of wildlife within national parks, including the donation and selling thereof. SANParks’ Policy on the Sale of White Rhino and SANParks’ Policy on Donation of Wildlife and Wildlife Products provide more details for the donation and sale of white rhino and other wildlife species from national parks. Further to donation and sale of wildlife, several SANParks’ Standard Operating Procedures are in place to guide the implementation of these policies.

Provincial Conservation Authorities have established their own game donation, loan policies and/or protocols that they are implementing.

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Reply:

The biodiversity mandate of the Minister of Environmental Affairs, as far as it relates to the conservation, protection and sustainable use of wildlife species, whether in the wild or in captivity, is vested mainly in the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004) (NEMBA), which currently does not include any enabling provision relating to welfare.

The Minister of Agriculture, Forestry and Fisheries (AFF) has a mandate to address welfare in respect of any animal, whether it is a wild animal or a domestic animal, in terms of the Animals Protection Act, 1962 (Act No. 71 of 1962) (APA) and the Performing Animals Protection Act, 1935 (Act No. 24 of 1935) (PAPA).

(a) and (b)

The Department of Agriculture, Forestry and Fisheires (DAFF) is in the process of reviewing the welfare legislation, and has further also developed measures for the breeding and keeping of lion in captivity. The Department of Environmental Affairs (DEA) has been participating in the afore-mentioned processes, and will continue to do so during the formal public participation processes.

(c) and (d)

Since the mandate to regulate welfare matters currently rests with the Minister of Agriculture, Forestry and Fisheires, that Minister would be in a better position to provide details on collaboration with other departments on initiatives, legislation and measures to address welfare matters. The Departments do interact with each other on matters of mutual interests.

i) (aa) The Minister of Agriculture, Forestry and Fisheires would be in a better position to provide details on welfare initiatives.

(bb) I have proposed the inclusion of a provision in NEMBA, relating to the well-being of faunal biological resources. This provision would facilitate the development of regulations that would address the well-being of a wild animal in respect of which a restricted activity (such as keeping, breeding, conveying, etc.) is carried out. This proposed provision has been included in the National Environmental Management Laws Amendment Bill (NEMLA Bill), which will be tabled in Parliament in April/May 2017.

(cc) The Minister of Agriculture, Forestry and Fisheires would be in a better position to provide details on any other relevant measures to address the welfare of captive wild animals in South Africa.

ii) The NEMLA Bill was approved by Cabinet in March 2017 and will be tabled in Parliament in April 2017.

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Reply:

(a)

(i) In 2015 a total of nine rhinos (8 white and 1 black) were sent to rhino orphanages outside the Kruger National Park. Six of the white rhino calves and 1 black rhino calf are currently still alive.

(ii) In 2016 a total of 21 white rhino orphans were rescued in 2016 of which 19 are still alive.

(b) The rhino orphans are currently kept at rhino holding facilities in the Kruger National Park and an external rhino rehabilitation centre.

(c) We cannot share locations of these rhino holding facilities for security reasons.

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Reply:

As at the 31 March 2017, the National Department of Human Settlements had no outstanding supplier invoices which remained unpaid for more than 30 days.

Reply:

(1) No, neither my Department nor any Entities reporting to me participated in the Dialogue with the President: Unpacking of the SONA 2017 on Radical Economic Transformation Implementation event hosted at the Oyster Box Hotel in Umhlanga, Durban, on 25 February 2017.

(2) No, neither my Department nor any Entities reporting to me participated in the auction of the souvenirs, personal belongings of the President of the Republic Jacob G Zuma.

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Reply:

1. (a) Azande Consulting CC

(b) The service contract was signed on 22 July 2016

(c) R392 725 988

(d) The contract will run for three (3) years with effect from 1 July 2016

(e) The tender received 23 bid proposals

(f) The highest bid received was R4 304 354 475.00

The lowest bid received was R 20 734 680.60. However, this bidder did not meet the minimum required score for the functionality score and was therefore not considered.

(g) The Service Provider must develop a detailed implementation plan for the project and:

• Consolidate monthly reports from the household door-to-door surveys within the identified wards;
• Co-ordinate and provide logistical support on ICROP services as and when required by SASSA to do so;
• Electronic data capturing system for recording questionnaires with an E-business solution for reporting purposes and the system must be compatible with SASSA systems; and
• Provide a training plan and report for all the recruited youth workers.

2. Yes, the Service Level Agreement was signed after extensive consultation with different parties.

3. The Service Provider must conduct door-to-door surveys in all the identified wards and use following methods such as:

• Application of the SASSA customer satisfaction survey
• Print and distribute questionnaires for customer satisfaction survey to selected households in different wards
• Action research through door-to-door services to identify the potential beneficiaries and supporting them to access SASSA services
• Design and implement the detailed door-to-door project plan
• Recruit and appoint youth workers from the locality where the research is taking place as a mechanism to create job opportunities
• Train, manage and remunerate youth workers to administer the surveys
• Design and implement the training and development programme
• Capture, consolidate and analyze the collected surveys and household profiling reports and
• Develop capacity in the youth workers in areas such as interpersonal, interviewing, communication and administration skills

The benefits of this programme should not be under-estimated. In addition to taking services to communities, to ensure that all citizens who qualify for social grants actually are able to access services and receive the grants to which they are entitled, the project has also provided invaluable information on local communities through the profiling and door-to-door research. This enables the social development sector, and not only SASSA to provide services that are required. In addition, benefits of the programme are with the co-ordination of government services, in that other Departments are also included when ICROP services are brought to local communities. This includes services such as Home Affairs, for the provision of identity documents, social workers for services related to foster child grants and other social ills, South African Police Services for the commissioning of affidavits; Department of Health for medical assessments for social grant applications and other NGO’s active in the community being served, to ensure that their services are made known to community members.

Other benefits include the creation of job opportunities for unemployed youth from the areas being served and the transfer of skills, which will assist these young people to compete for employment after the conclusion of this contract.

4. The above details provide an overview of the specified actions required in terms of this contract. Additional detail which may be provided to the Honourable Member on request includes the list of wards already provided with ICROP services; details of the achievements realized during these engagements; as well as confirmation of the youth workers contracted.

Reply:

(1) (a) Tsalena Media.

(b) 06 June 2016.

(c) The total cost is R 44 404 385.10 inclusive of value added tax (vat).

(d) The contract period is for twelve (12) months.

(e) The agency received eleven (11) bids.

(f) (i) The highest bid received was R47 675 511.36 vat inclusive.

(ii) The lowest bid received was R 44 404 385.10 vat inclusive the lowest bidder met the minimum required score for functionality criteria.

(g) The service provider is expected to provide the following deliverables, media planning and bulk buying, develop a measurement and reporting tool; a brand communication strategy as well as events management strategy

(2) Yes, the service provider signed a service level agreement with SASSA.

Reply:

(1) (a) As at 31 March 2017, the National Department of Human Settlements was not in any legal contractual disputes or litigation processes with any company for their work on departmental projects.

(b), (c) & (d) Fall away.

(2) None.

Reply:

As part of Government’s sustainable development agenda, the Department of Environmental Affairs is facilitating a programme of expansion and management effectiveness of the protected areas estate. This programme focuses on inter alia, consolidating conservation priority areas, looking at economies of scale, and minimising duplication and overlaps in conservation management. The National Environmental Management Protected Areas Act makes provision for SANParks to manage all existing national parks and any other kind of protected area as assigned by the Minister. From time to time, opportunities exist for land consolidation through contractual agreements with neighbouring land owners and land managers, with clear guidelines for incorporation of conservation land. The KNP is one such case in which the feasibility of land consolidation is being explored at the technical level prior to any potential stakeholder engagement. As such, no official decision has yet been taken for consolidation pending the outcome of the feasibility process.

(a) and (b)

SANParks is not the current management authority of the 3 Nature Reserves; and as such, provision of the required information of annual management reports can be provided by the Limpopo Department of Economic Development, Environment and Tourism (LEDET).

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Reply:

a) The total number of state run rehabilitation centres is 7 (Seven)

b) All the 7 (seven specified centres are operational

c) The centres are located as follows:

Province	Name of Treatment Centre	(b) Location	d) Persons Accommodated
Eastern Cape	Ernest Malgas	Port Elizabeth	38
Gauteng	Dr Fabian & Florence Reibero	Cullinan	300
KwaZulu Natal	Newlands Park centre	New Land West	98
	Madadeni Rehabilitation Centre	Madadeni Township	32
Mpumalanga	Swartfontein Treatment Centre	White River	50
North West	Witrand Substance Rehabilitation Centre	Potchefstroom	40
Western Cape	De Novo Treatment Centre	Kraaifontein	40

e) Provinces have been requested to provide statistics on number of patients that are currently in state run drug rehabilitation centres.

Reply:

1. (a) No.

    b) No.

2. (a) No

     (i) No.

     (ii) No.

(aa) No items purchased.

(bb) Not applicable.

(b) No

    (iii) No.

     (iv) No.

(aa) No items purchased.

(bb) Not applicable.

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Reply:

The function of the Ministerial Advisory Committee (MAC) was to review a broad number of elements relating to the payment systems for social security benefits distribution or payments, taking into account the accessibility of services; payment infrastructure requirements - the current level of South Africa’s infrastructure development and affordability; legislative and general regulatory environment; cost to state and to beneficiaries; and the macroeconomic environment.

The Ministerial Advisory Committee concluded its work in December 2014.

The workstream leaders were appointed in 2016 to facilitate the implementation of the recommendation of the Ministerial Advisory Committee.

(i) List of Ministerial Advisory Committee Members

(aa) (bb)

Name	Qualification (s)
Mr. Themba Langa	LLB
Mr. Mark Davids	National Higher Diploma: Electrical Engineering
Mr. Sipho Majombozi	B Ed
Mr. Tim Masela	BComm
Mr. Patrick Monyeki	MBA
Mr. Sizwe Shezi	MA in Social Policy
Dr. Makhozi Khoza	PHD Administration
Ms. Tankiso Parkies	Honours in Sociology
Prof Ann Skelton	PHD Degree in law restorative and child justice
Mr. Sanjiv Mital	Engineering Degree Information Technology / Management Degree
Mr. Barend Petersen	Honours B Compt
Mr. Tim Sukazi	LLM in Commercial Law
Mr. Andile Nyhonyha	LLB

(ii) The workstream leaders appointed so far are:-

Mr Tim Sukazi: Legislative and Policy Requirements Management.

Ms Tankiso Pakkies: Benefits and Local Economic Development and

Mr Patrick Monyeki: Business information, Banking Services and Project Management

Over and above the workstream services, SASSA has a database of accredited service providers e.g. Actuaries, Risk and Security management etc. whose services will be utilized in the course on concluding this work.

(iii) Mr Sukazi will lead the process that review regulatory requirements including the SASSA act to obtain understanding of the legal operating environment.

Ms Mpolokeng Tankiso Parkies is responsible for identifying the benefits and Local Economic initiatives to be implemented with the delivery of the Social Security Assistance.

Mr Patrick Monyeki is responsible to develop system requirements to meet the recommended insourcing payment model while reviewing both the current CPS and SASSA systems for enhancement and systems integration.

(iv) (aa) work stream lead(s) accounts for the services rendered by companies they lead,

(bb) the work stream lead(s) lead their individual companies.

Reply:

A total of R67 617.677 was raised through the sale of the elephant ivory stockpile in 2008. R7 774.745 was transferred to KwaZulu-Natal Wildlife, Mpumalanga and North West provinces, as income from their ivory which was part of the sale. The South African National Parks have, thus far, spent a total of R48 963.210 on 21 different projects. These projects focused on aspects of elephant conservation and protection, elephant management, community conservation matters, and elephant related research and monitoring, as is stipulated in the Convention on International Trade in Endangered Species of Wild Fauna and Flora conditions of the ivory sale.

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Reply:

(1) Yes.

(2) The summary report has been published on the Department’s website. The following link can be used to access the report:

https://www.environment.gov.za/sites/default/files/reports/summaryreport_committeeofinquiry.pdf.

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Reply:

(1) I am aware the of the complaints related to the Shongweni landfill site, and the health related aspects have been brought to my attention.

(a) The Green Scorpions findings relate to breaches in terms of the conditions of the Waste Management Licence. These findings were reported to the Chemicals and Waste Management that subsequently decided, on 02 February 2017, to issue a notice of intention to suspend and/or revoke the Waste Management Licence.

(b) EnviroServ provided an initial response to this notice of intention on 09 February 2017. Further representations have been received from Enviroserv, as well as representatives of the community and members of the community. In line with the requirements of the Promotion of Administrative Justice Act, EnviroServ had a final opportunity to make representations to the officials at Chemical and Waste Management on/before 27 March 2017.

(c) EnviroServ will be held accountable for any health related impacts that the community are experiencing as a result of the impacts from this site. As honourable Member should know, the process of determining negative impact caused by such, do take particular procedures prescribed by law and regulator.

(2) The decision whether or not to close and rehabilitate the site will be made by the Department as part of the decision making process related to whether or not to suspend and/or revoke the Waste Management Licence after evaluation of the representations made.

(3) (a) The Department envisions all landfill sites, not just Shongweni, operating in a manner that does not pose a risk or a nuisance to any of the people that reside in the vicinity of landfills or impact negatively on the environment.

(b) The matter was raised and dicussed with community members, and all the members of the Enviornmental Monitoring Commitee are aware of the matter. Several meetings have been held in this regard.

(c) Lime on its own will not resolve the issue. A combination of treatment and physical construction interventions will be required to resolve the problem.

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Reply:

(a)

1. 30.7%
2. 31.7%
3. 21.6%
4. 22.2%
5. 24.6%

(b) 14.3%

Upon realization that NPO noncompliance rate has been incremental over the past years, the department has employed the following intervention approaches:

• Introduced a text message system to communicate efficiently to the NPOs and constantly reminding them of the outstanding reports and compliance status

• Conducted NPO Roadshows to over 200 local municipalities in the past two financial years (2014/2015 and 2015/2016). This initiate has enabled us to go to different communities and assist NPOs in submitting the required reports.

• The department has intensified its capacity building programme, training over 3000 organisations per annum on compliance.

• In all Ministerial and outreach programmes of the department, all NPO services have been and continue to be visible as part of mitigating the noncompliance status.

• At the center of the exorbitant noncompliance rate is the legislation (Non-Profit Organisation Act, Act 71 of 1997) governing the NPO sector. The department’s position is that the legislation needs to be subjected to a thorough review process, taking into consideration the current and evolving country dynamics. The department is therefore in its final phase of the mentioned review assessment, and it is envisaged that the final amended legislation should be able to eliminate the structural challenges which contribute to the increasing NPO noncompliance.

The impact of the above stated interventions, will go a long way in reducing high noncompliance statistics. It is the same reason why the department has institutionalized the mention programmes, to sustain the NPO compliance campaign in the next coming years.

 

Reply:

1. With reference to his reply to question 473 on 15 March 2017,

a) Who requested the payments?

In the recent past organised business was fragmented in South Africa and the Department of Trade and Industry was crucial in the facilitation of the merger of the business structures to form Business Unity South Africa (BUSA). The formation was critical to government because it created a platform for government to engage unified business. The Department further committed to fund the BUSA during their establishment period.

Following the split in BUSA in 2011, the Department deemed it necessary to continue the support of organised business in the form of the Black Business Council (BBC) as it was a new formation that carried the interests of its membership that had a direct interest linked to the economic transformation mandate of the Department.

The BBC approached the Department to present areas of collaboration and to request funding for specific projects that relate to the Black Economic Empowerment and the Black Industrialist Programme. Before any considerations for funding were made, the department requested the BBC to present a business plan detailing projects and costing.

The Department assessed the business plan and once satisfied commenced a process of obtaining an approval from National Treasury

in accordance with paragraph 6.3.1 of the Treasury Regulations.

The National Treasury approved the creation of a transfer payment budget line for the BBC within Budget Vote 36 of the Department. It also important to highlight that a transfer payment is defined as an un-requited transaction that differs from the procurement of goods and services and is appropriated separately as per the Appropriations Act.

b) Was there a contract in place?

Following the approval of the transfer payment budget line by National Treasury, the Department entered into a Memorandum of Agreement (MoA) with the BBC.

c) What are the details of the services that the Black Business Council (BBC) delivered? And

The MoA with BBC details the areas of collaboration in respect to the implementation of the Black Industrialists programme. According to the agreement, Projects consist of the Policy Advocacy, Regulatory Framework development, the Resource Centre and the Customer Relations Management component.

Furthermore, the BBC is required to provide reports based on approved yearly project plans. The BBC is further required to provide Audited Financial Statements.

d) What (i) competitive and (ii) open processes were followed in awarding the BBC the specified amount?

The payment to the BBC is an un-requited transaction that differs from the procurement of goods and services. As such, no procurement process is required.

2) Whether the BBC has been audited by (a) his department and/or (b) the Auditor-General; if not, why not in each case; if so, what are the relevant details in each case?

(a) & (b) The department does not perform a separate audit for the transfer payment to the BBC as it is included as part of the annual statutory audit by the Auditor General. Furthermore, in exercising oversight over the transfer payment, an MoA is in place.

 

Reply:

(a) As at the time of the State of the Nation Address, 895 schools had been built since 2009.

(b) (i) & (ii) The requested information can be found on the link to the following webpage: http://www.education.gov.za/Newsroom/ParliamentaryQuestions/NA673Annexure.aspx containing the Annexure with the name and location of the schools.

(c) Projects were implemented by the Provincial Education Departments as well as the National Department of Basic Education on the Accelerated School Infrastructure Delivery Initiative Project (ASIDI).

(d) Information on schools constructed by Provincial Education Departments has been requested and will be collated with the ASIDI projects and provided as soon as it is received.

(e) Information on the total cost of each school constructed by Provincial Education Departments has been requested and will be collated with the ASIDI projects and provided as soon as it is received.

Reply:

(1.1) Vacant Positions       

1. Chief Executive Officer
2. Chief Financial Officer

(1.2) Vacant from

(a) Chief Executive Officer - 01/06/2016

(b) Chief financial Officer - 14/05/2016

(1.3) Reasons

(a) Chief Executive Officer, End of Contract

(b) Chief Financial Officer, Resignation

(2.1) Date of advert

	Post	Date Advertised	Closing date
(a)	Chief Executive Officer	Advert: 15/05/2016 Re-advertised: 20/02/2017	27/05/2016 03/03/2017
(b)	Chief Financial Officer	Advert: 14/02/2016 Re-advertised: 15/01/2017	29/02/2016 27/01/2017

(3.1) Acting CEO’s and duration

(a) Ms Linda Nkhumishe (01 June 2016 to 30 August 2016)

(b) Mr Cecil Khosa (01 September 2016 to 30 November 2016)

(01 December 2016 to 31 January 2017)

(c) Mr Xolile Mbonambi (01 February 2017 to date)

(3.1.2) Acting CFO’s and duration

(a) Mr Sibusiso Mandlazi (01 March 2017 to 31 March 2017)

(14 December 2016 to 31 January 2017)

(31 June 2016 to 31 July 2016)

(21 April 2016 to 20 June 2016)

(b) Ms Busisiwe Mahlungulu (11 October 2016 to 30 November 2016)

(C) Mr Xolile Mbonambi applied for CEO post and Mr Sibusiso Mandlazi, applied for the CFO position.

Approved/Not Approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-……………/………………/2017

Reply:

1. (a)(b)(c)(d)

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

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

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

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

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

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

Reply:

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

b) Ms Ingrid Mohai – Parliamentary Officer

    Ms Lumka Oliphant – Chief Director: Communications

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

Reply:

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:

Domestic trips include any travel inside of the South African borders, where a hotel or flight was booked.

The number of domestic trips by the Chief Executive Officer of Umalusi for the past seven financial years are as follows:

	09/10	10/11	11/12	12/13	13/14	14/15	15/16
Number of official domestic trips	18	15	22	18	21	21	21

For the current financial year (2016/2017), the following domestic trips were undertaken:

1. 6 – 7 April 2016	Cape Town – Portfolio Presentation
(i) destination	Cape Town
(ii) purpose	Presentation to Portfolio Committee of Basic Education regarding the APP of 2016/2017.
(iii) cost of flights	R 5 602
(iv) cost of accommodation	R 1 447
(v) names of hotels in which the CEO stayed at	Protea Hotel Fire & Ice Cape Town
(vi) subsistence costs	R 108

2. 20 – 22 April 2016	Cape Town
(i) destination	Cape Town
(ii) purpose	21 – Executive Committee meeting of Umalusi Council 21 – Minister of Higher Education – Budget Vote 22 – Attending the funeral of Tim Dunne
(iii) cost of flights	R 5 835
(iv) cost of accommodation	R 2 973
(v) names of hotels in which the CEO stayed at	City Lodge Hotel Grandwest and Entertainment World
(vi) subsistence costs	R 324

3. 9 May 2016	Limpopo Department of Education
(i) destination	Polokwane
(ii) purpose	Presentation on 2015 NSC results at MEC’s workshop hosted by Department of Education in Limpopo
(iii) cost of flights	R 5 718
(iv) cost of accommodation	- (This was a day trip)
(v) names of hotels in which the CEO stayed at	-
(vi) subsistence costs	-

4. 10 – 11 May 2016	Cape Town
(i) destination	Cape Town
(ii) purpose	Budget vote- Department of Basic Education & Training
(iii) cost of flights	R 5 740
(iv) cost of accommodation	R 1 882
(v) names of hotels in which the CEO stayed at	Tsogo Sun Waterfront
(vi) subsistence costs	R 115

5. 17 – 20 May 2016	Cape Town
(i) destination	Cape Town
(ii) purpose	SAQA Conference
(iii) cost of flights	R 7 564
(iv) cost of accommodation	R 11 557
(v) names of hotels in which the CEO stayed at	Tsogo Sun Waterfront
(vi) subsistence costs	R 460

6. 13 June 2016	Cape Town – National Benchmark Test meeting
(i) destination	Cape Town
(ii) purpose	Meeting with National Benchmark Test at UCT
(iii) cost of flights	R 5 062
(iv) cost of accommodation	- (This was a day trip)
(v) names of hotels in which the CEO stayed at	-
(vi) subsistence costs	-

19 – 27 August 2016	Cape Town – IAEA Conference
(i) destination	Cape Town
(ii) purpose	IAEA International Conference – Hosted by Umalusi
(iii) cost of flights	R 5 733
(iv) cost of accommodation	R 15 500
(v) names of hotels in which the CEO stayed at	The Westin Hotel, Cape Town
(vi) subsistence costs	R 920

7. 30 – 31 August 2016	Cape Town – Portfolio Committee on Higher Education
(i) destination	Cape Town
(ii) purpose	Portfolio Committee on Higher Education
(iii) cost of flights	R 5, 697
(iv) cost of accommodation	R 1,537
(v) names of hotels in which the CEO stayed at	Tsogo Sun Waterfront
(vi) subsistence costs	R 115

8. 1 – 2 September 2016	National Research Foundation Awards
(i) destination	Polokwane
(ii) purpose	2016 National Research Foundation Awards
(iii) cost of flights	R 5 704
(iv) cost of accommodation	R 1 545
(v) names of hotels in which the CEO stayed at	Protea Hotel The Ranch
(vi) subsistence costs	R 115

9. 11 –12 October 2016	Cape Town – Portfolio Committee on Basic Education
(i) destination	Cape Town
(ii) purpose	Presentation to Portfolio Committee on Basic Education regarding Umalusi’s Annual Report
(iii) cost of flights	R 5 715
(iv) cost of accommodation	R 1 891
(v) names of hotels in which the CEO stayed at	Tsogo Sun Waterfront
(vi) subsistence costs	R 115

10. 8 December 2016	UFS Graduation Ceremony
(i) destination	Bloemfontein
(ii) purpose	Guest Speaker at UFS Graduation Ceremony – Master’s and Doctoral degrees
(iii) cost of flights	All costs paid by UFS
(iv) cost of accommodation	-
(v) names of hotels in which the CEO stayed at	-
(vi) subsistence costs	-

11. 11 – 12 January 2017	Western Cape Education Department NSC Awards Ceremony
(i) destination	Cape Town
(ii) purpose	Western Cape Education Department NSC Awards Ceremony
(iii) cost of flights	R3 977
(iv) cost of accommodation	R1 350
(v) names of hotels in which the CEO stayed at	City Lodge Cape Town
(vi) subsistence costs	R115

12. 24 – 25 January 2017	Meeting Prof G Ellis
(i) destination	Cape Town
(ii) purpose	Meeting to discuss the commissioning of a study on Standards - Prof G Ellis
(iii) cost of flights	R7 106
(iv) cost of accommodation	- (This was a day trip)
(v) names of hotels in which the CEO stayed at	-
(vi) subsistence costs	-

13. 16 – 17 February 2017	Cape Town
(i) destination	Cape Town
(ii) purpose	Workshop at Parliament on Standardisation
(iii) cost of flights	R7 105
(iv) cost of accommodation	R1 546
(v) names of hotels in which the CEO stayed at	Strand tower hotel, Cape Town
(vi) subsistence costs	R115

14. 7 March 2017	Appointment of ASC member
(i) destination	Durban
(ii) purpose	Appointment and induction of ASC member: Dr Naidoo
(iii) cost of flights	R 2116
(iv) cost of accommodation	-
(v) names of hotels in which the CEO stayed at	-
(vi) subsistence costs	-

15. 8 March 2017	Appointment of ASC member
(i) destination	Bloemfontein
(ii) purpose	Appointment and induction of ASC member: Dr Mosia
(iii) cost of flights	R 5 393
(iv) cost of accommodation	R 1 200
(v) names of hotels in which the CEO stayed at	Tsogo Sun Hotel
(vi) subsistence costs	-

Reply:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (i) 2011/12                      525

  b) 

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

 (ii) 2012/13                               556

(b)

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

 (iii)  2013/14                600

(b)

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

  (iv) 2014/15                    572

(b)

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

(v) 2015/16                              593

(b)

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

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

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

Reply:

International trips include any travel outside of South African borders. The international trips undertaken by the CEO of Umalusi are linked to Umalusi’s membership of the following three organisations:

• Southern Africa Association for Educational Assessment (SAAEA) – in which the CEO serves as an Executive Committee member.
• Association for Educational Assessment in Africa (AEAA).
• International Association for Educational Assessment (IAEA).

The number of international trips by the Chief Executive Officer of Umalusi for the past seven financial years are as follows:

	09/10	10/11	11/12	12/13	13/14	14/15	15/16
Number of official international trips	2	2	1	3	4	4	3

For the current financial year (2016/2017), the following international trips were undertaken:

1. 16 – 20 May 2016 – SAAEA	Southern Africa Association for Educational Assessment
(i) destination	Lusaka, Zambia
(ii) purpose	Attending the SAAEA Conference representing Umalusi.
(iii) cost of flights	R 7,563
(iv) cost of accommodation	R 12 190
(v) names of hotels in which the CEO stayed at	Taj Pamodzi Hotel
(vi) subsistence costs in each case	R4 614

2. 25 – 29 July2016 – AEAA	Association for Educational Assessment in Africa
(i) destination	Victoria Falls, Zimbabwe
(ii) purpose	Attending the AEAA Conference representing Umalusi.
(iii) cost of flights	R 8,039
(iv) cost of accommodation	R14,218
(v) names of hotels in which the CEO stayed at	Elephant Hills Resort
(vi) subsistence costs in each case	R 3 066

3. 10 – 23 September 2016 – Benchmark Trip	Netherlands and UK.
(i) destination	Netherlands and UK.
(ii) purpose	Benchmarking exercise with Cito, Netherlands; Office of Qualifications and Examinations Regulation (Ofqual), England; Office for Standards in Education (Ofsted), England; Cambridge International Examinations (CIE), England & Scottish Qualifications Authority (SQA)
(iii) cost of flights	R 77,288
(iv) cost of accommodation	R 89 810
(v) names of hotels in which the CEO stayed at	Global Accommodation CC
(vi) subsistence costs in each case	R30 351

4. 10 – 13 March 2017 – SAAEA EXCO	Southern Africa Association for Educational Assessment
(i) destination	Uganda
(ii) purpose	Executive Committee meeting of SAAEA
(iii) cost of flights	R 77,288
(iv) cost of accommodation	Paid by SAAEA
(v) names of hotels in which the CEO stayed at	Paid by SAAEA
(vi) subsistence costs in each case	R 3 066

Reply:

Information has been requested from the Mpumalanga Department of Education and will be provided as soon as it is received.

Reply:

The following legislative framework is applicable:

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

 

The Constitution

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

The South African Schools Act (SASA)

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

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

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

Admission Policy

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

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

The Immigration Act

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

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

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

The Refugees Act

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

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

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

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

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

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

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

Reply:

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

Remarks: Reply: Approved / Not Approved

Mr. Mogokare Richard Seleke Ms. Lynne Brown, MP

Director-General Minister of Public Enterprises

Date: Date:

Reply:

Remuneration packages at Umalusi are cost to company based on the Department of Public Service and Administration (DPSA) scales, structured for pension and medical aid contributions, made by Umalusi and the employee.

The basic remuneration reported below is as per the Annual Reports of Umalusi.

CEO Remuneration package	09/10	10/11	11/12	12/13	13/14	14/15	15/16
	R'000	R'000	R'000	R'000	R'000	R'000	R'000
(i) basic remuneration	1,521	1,584	1,648	1,754	1,867	2,235	2,151

The cellphone invoice is covered fully as an expense by Umalusi. No additional allowances are paid for car, accommodation or credit card. Where an employee uses their own personal vehicle for travel, Umalusi reimburses the employee in line with the monthly rates set by the Department of Transport. A non-taxable daily subsistence allowance is paid to employees who are away from their normal residence for a period longer than 24 hours, based on the rates set by the Minister of Public Service and Administration.

CEO Remuneration package	16/17
	R'000
(i) basic remuneration	2,189
(ii) car allowance	-
(iii) accommodation allowance	-
(iv) credit card allowance	-
(v) cellphone allowance	27
	2,216

Reply:

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

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

(c) 3 June 2014 and 17 June 2014

(d) Former Chief Executive Officer Dr Virginia Petersen

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

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

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

(b) SASSA security budget

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

Reply:

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

a) Destinations:

2012/13 Benin and Dar Es Salaam;

2013/14 Kenya and Ghana;

2014/15 Ghana, Canada and Namibia;

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

2016/17 Ireland and Lesotho.

 

b) Purpose of the trip:

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

2013/14 AFTRA;

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

2015/16 AFTRA/IRTIR and Conference; and

2016/17 AFTRA/IFTRA.

 

c) Cost of flights

2012/13 Benin R32 840; and

Dar Es Salaam R6 457.

2013/14 Kenya R15 145.53;

Ghana R29 523;

2014/15 Ghana R15 371.20;

Canada R33 102; and

Namibia R6 060.06;

2015/16 Namibia R6 777.72;

Ontario Teaching Council (Canada) R32 506.72;

Zambia R6500.96; and

Ireland and Lesotho R10 087.72.

2016/17 Ireland R20 470.23; and

Lesotho R5 304.23.

 

d) Cost of accommodation

2012/13 Benin R3 609.65; and

Dar Es Salaam R22 126.46.

2013/14 Kenya R17 124.00;

Ghana R26 307.47; and

2014/15 Ghana R16 932.00;

Canada R57 308.95; and

Namibia R8 412.37.

2015/16 Namibia R10 910.35;

Ontario Teaching Council (Canada) R57 726.35.

Zambia R46 216.71; and

Ireland and Lesotho R9 168.49.

2016/17 Ireland R38 315.00; and

Lesotho R3 404.00.

 

e) Car rental none

 

f) Subsistence costs

2012/13 Benin €356; and

Dar Es Salaam $774.

2013/14 Kenya $452; and

Ghana $516.

2014/15 Ghana $903;

Canada $1 503; and

Namibia R3 800.

2015/16 Namibia R5 700;

Ontario Teaching Council (Canada) € 984;

Zambia $595; and

Ireland and Lesotho $357.

2016/17 Ireland €834; and

Lesotho R2 250.

Reply:

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

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

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

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

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

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

Reply:

The suite of evidence includes:

1. All the qualitative input reports:

i) Intervention strategies/evidence-based presentation and reports from DBE,

ii) Cohort description and how it compares with previous cohorts,

iii) Intervention strategies put in place to improve learner performance,

iv) The post exam analysis –expert judgement of the standard of the paper,

v) Level of difficulty of the papers per subject and per question,

vi) Comparing the standard of the current paper with previous papers,

vii) The external moderators’ reports and presentations,

viii) The internal moderators and chief markers’ reports from the assessment bodies (DBE).

2. Statistical analysis per subject:

• Statistic tables,
• Pairs analysis,
• Raw mark distribution,
• Progressed learners mark distribution in comparison with the full cohort (both progressed and non-progressed),
• Pair wise analysis.

Reply:

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

Reply:

a)  Subject mark adjustments and the proceedings of the annual standardisation meetings are classified as confidential because:

The data that Umalusi standardises during the standardisation process belongs to the assessment body not to Umalusi. Umalusi needs to adhere to what is stipulated in the General and Further Education and Training Act No. 58 of 2001, Section 18(a) under the heading the Functions of provider or assessment body with regard to external assessment, which states that:

“In respect of external assessment and subject policy determined in terms of section 3(4) of the National Policy Act No. 27 of 1996, an assessment body -

(a) must take adequate measures to combat irregularities at assessment and marking centres and must take adequate security measures to ensure the confidentiality and integrity of the assessments.”

To fulfil its duties as stated above the DBE Regulations Pertaining to the Conduct, Administration and Management of the National Senior Certificate Examination in chapter 8 under the heading Release of the results and confidentiality, Section 42 (5) states that:

“The examination results data of public schools and those independent schools that wrote the public National Senior Certificate examination will remain the property of the Department of Basic Education and is given solely for informing candidates of their achieved examination results.”

Furthermore, Section 42(6) states that:

“Researchers, individuals and non-governmental organisations may receive information regarding examination results, subject to the approval of the Director-General Basic Education.

a) Each recipient of examination result data must comply with the following:

1. Keeping of confidentiality of all information (written, electronic format and oral) regarding the content thereof,
2. Not disclosing without the Department of Basic Education’s written consent, any information in whole or in part to any person.”

Reply:

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

Reply:

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

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

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

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

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

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

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

The amount is R173 662.45