Questions and Replies

Reply:

1. SAA currently has in place a R14.4 billion government guarantee facility against which the company can raise funding. Although the facility has currently been almost fully utilised to raise debt, as the debt matures or is repaid, SAA can utilise the guarantees that are freed up as a result, to raise further funding.

2. There is no requirement for SAA to obtain permission from National Treasury to issue a request for proposal (RFP) to raise financing.

Nevertheless, there are existing conditions that have been placed by National Treasury that relate to the process and terms of obtaining funding with which the airline is required to adhere. These are as follows:

(a) The Chief Procurement Officer has required that all tenders above R10 million must be reviewed by the National Treasury before appointment letters are issued.

(b) Among the conditions that have been attached to the government guarantee facility that has been provided to SAA, there is a requirement that National Treasury approve the terms of financing raised against the guarantee before any agreements are concluded.

Once SAA has identified sources of financing and the legal agreements have been negotiated, including the guarantee agreement, the airline will be required to submit all the relevant documents to the Minister of Finance for his consideration, including those relating to the above mentioned conditions.

3. There is no requirement for SAA to obtain permission from National Treasury to issue a request for proposal (RFP) to raise financing. Hence:

     (a) National Treasury will not be taking steps to “stop the funding process from proceeding”.

      (b) SAA is not required to provide any reasons.

4. (a) and (b) The funds are primarily required to refinance existing debt facilities. Should there be delays in concluding financing, all options will be considered. These are likely to include, SAA seeking to extend or roll-over existing facilities.

Reply:

NATIONAL TREASURY

The total amounts spent by the National Treasury (RSA Retail Savings Bonds Directorate) for the period in question is presented in table 1 and 2 below

Table 1: Amount Spent On Advertising in 2015-16

2015 - 16 FINANCIAL YEAR
1	AFRICA NEWS NETWORK 7 CHANNEL			R -
2	TV SPEND (VAT Inclusive)			R 5,841,989.30
	SABC STATIONS			R 3,594,936.00
	E-TV			R 1,370,245.81
	DSTV CHANNELS			R 876,807.49
	TOTAL			R 5,841,989.30
3	RADIO SPEND (VAT Inclusive)			R 9,800,022.96
	SABC NATIONAL RADIO STATIONS			R 3,201,503.40
	REGIONAL RADIO STATIONS			R 3,160,363.19
	COMMUNITY RADIO STATIONS			R 3,438,156.37
	TOTAL			R 9,800,022.96
	GRAND TOTAL SPEND			R 15,642,012.26

Table 2: Amount Spent On Advertising from 1 April 2016

1ST APRIL 2016
1	AFRICA NEWS NETWORK 7 CHANNEL			R -
2	TV SPEND (VAT Inclusive)			R 609,500.00
	SABC STATIONS			R 459,500.00
	ETV			R -
	DSTV			R 150,000.00
	TOTAL			R 609,500.00
3	RADIO SPEND (VAT Inclusive)			R -
	SABC NATIONAL RADIO			R -
	REGIONAL RADIO STATIONS			R -
	COMMUNITY RADIO STATIONS			R -
	TOTAL			R -
	GRAND TOTAL SPEND			R 609,500.00

ASB

The Accounting Standards Board has not spent any money on advertising in the 2016-16 financial year and since 1 April 2016.

CBDA

The CBDA have not advertised in terms of point (i), (ii), (iii) and (iv) in the 2015-16 financial year and since 1 April 2016.

DBSA

The Communications and Marketing unit of the Development Bank of Southern Africa wishes to report as follows regarding the spending on advertising on the below listed platforms during the 2015/16 financial year:

1. Africa News Network 7 channel, Zero (R0.00)
2. SA Broadcasting Corporation Zero (R0.00)

(aa) television channels, Zero (R0.00)

(bb) radio stations, Zero (R0.00)

1. national commercial radio stations, Zero (R0.00)
2. community, Zero (R0.00)

(aa) television Zero, (R0.00)

(bb) radio stations

(aaa), Zero, (R0.00)

And since April 2016, the communications and marketing unit of the development Bank of Southern Africa wishes to report as follows regarding the spending on advertising since April 2016:

(aa) television channels (CNBC – R331 752 for World Economic Forum Africa

in May 2016.

FAIS OMBUD

The FAIS OMBUD has not spent any money on advertising in the 2016-16 financial year and since 1 April 2016

FIC

The FIC has not spent any money on advertising in the 2016-16 financial year and since 1 April 2016

FSB

Financial Service Board (FSB)

	2015/16 (aaa)	April – August 2016 (bbb)
(i)	Nil	Nil
(ii) (aa)	Nil	Nil
(bb)	Nil	Nil
(iii) Power FM	R 45 486	Nil
(iv) Community (aa) television (bb) radio stations	Nil Nil	Nil Nil

GEPF

The GEPF has not spent any money on advertising in the 2016-16 financial year and since 1 April 2016

GPAA

Africa News Network 7 channel,

None

(ii) SA Broadcasting Corporation

(aa) television channels

None

(bb) radio stations,

2015/16 Financial year R1 235 223

2016/17 Financial year R569 231

(iii) National commercial radio stations and

None

(iv) Community

(aa) television

None

(bb) radio stations

2015/16 financial year R188 096

2016/17 financial year R286 654

(aaa) in the 2015-16 financial year and

R1 423 319

(bbb) since 1 April 2016?

R855 885

IRBA

The IRBA has not spent any money on advertising in the 2016-16 financial year and since 1 April 2016

LAND BANK

1. Amounts spent on various media houses, radio and television stations by the Land Bank during the Financial Year 2015/2016 and 2016/2017 respectively.

1. During the financial year 2015/2016 the Land Bank spent R711 559.57 specifically on the following items:

• General Advertising;
• Print Advertising; and
• Event sponsorships and promotion related advertising.

1. There was no amount paid to ANN7 during the 2015/16 financial year; and
2. No amount paid to the SABC either.

(aa) No amount paid to any television channel; and

(bb) No amount paid to any radio station, be it commercial, national or community radio during the 2015/16 Financial Year.

(bbb) The Land Bank spent a total amount of R147 684.80 during the current financial year (2016/17) from April 2016 to date. The breakdown is as follows:

• R14 780.00 for an advert in the Farmer’s Weekly; and
• R132 904.80 for an advert in the Business Day.

All the interviews that the Executive Managers of the Land Bank had with either the SABC, CNBC Africa, Business Day TV or ANN7 were free of charge. Our Executives were invited into the studios at no cost due to the topical nature of what was being discussed. Most of those interviews were carried out during the current financial year (2016/2017).

PFA

Question	(aaa)	(bbb)
(b) (i)	R Nil	R Nil
(b) (ii) (aa)	R Nil	R Nil
(b) (ii) (bb)	R23 777.55	R Nil
(b) (iii)	R Nil	R Nil
(b) (iv) (aa)	R Nil	R Nil
(b) (iv) (bb)	R 11 037.36	R Nil

PIC

The PIC has not spent money for advertising on any television channel or radio station, in the 2015-16 financial year as well as from 1 April 2016 to date.

SAA

For: South African Airways

2015 – 2016 Financial year:

1. Africa News Network 7 Channels R0.00

1. SA Broadcasting Corporation (2015/16)

(aa) Television R712 000.00

(bb) Radio R6 306 966.08

1. National commercial radio station ( non SABC) R13 695 561.09

1. Community

(aa) Television R0.00

(bb) Radio R0.00

(aaa) Financial year 2015 – 16 R0.00

(bbb) Since 1 April 2016 R0.00

2016 till date:

1. Africa News Network 7 Channels R0.00

1. SA Broadcasting Corporation (2015/16)

(aa) Television R1 932 000.00

(bb) Radio R4 822 518.60

1. National commercial radio station ( non SABC) R8 396 152.42
2. Community

(aa) Television R0.00

(bb) Radio R0.00

(aaa) Financial year 2015 – 16 R0.00

(bbb) Since 1 April 2016 R0.00

SARS

Response from the South African Revenue Service (SARS)

(aaa) – 2015-16 financial year	(bbb) – 1 April 2016 – 27 Sep
(b)(i) No advertising placed, no funds spent	(b)(i) No advertising placed, no funds spent
(b)(ii) (aa) R 6 413 674.51	(b)(ii) (aa) R 1 961 340.08
(b)(ii) (bb) R 7 076 710.31	(b)(ii) (bb) R 4 131 478.43
(b)(iii) R 13 308 260.39	(b)(iii) R 8 716 784.06
(b)(iv)(aa) No advertising placed, no funds spent	(b)(iv)(aa) No advertising placed, no funds spent
(b)(iv)(bb) R 80 468.36	(b)(iv)(bb) R 33 667.09

SASRIA

2015/2016 Financial Year

Channel	Amount spent
SABC TV	R218 500
SABC Radio	R308 896
African Business Channel (Business Day TV)	R400 000
African Business News (CNBC)	R550 000
Total	R 1 477 396

April 2016 to date

Channel	Amount spent
African Business Channel (Business Day TV)	R450 000
SABC Radio	R273 824
Primedia (702)	R146 314
Radmark Media House (Kaya FM)	R141 360
Total	R 737 674

TAX OMBUD

The Office of the Tax Ombud has spent as follows;

Media Channels	2015/16	Since 1 April 2016
African News Network 7 channel	R0	R0
SA Broadcasting Corporation
(aa) Television channels	R0	R0
(bb) Radio Stations	R1 457 483.78	R0
National commercial radio stations	R1 359 744.43	R0
Community
(aa) Television	R0	R0
(bb) Radio stations	R130 040.84	R0

Reply:

This information is provided by the South African Revenue Service (SARS). The Ministry of Finance cannot verify this information.

The Commissioner of the South African Revenue Service, Mr Tom Moyane does have Protective Service Officers allocated to him.

(a) What is the purpose of the bodyguards?

A bodyguard is a protective agent who is paid to protect an organization's assets (property, people, money, etc.) from a variety of hazards (such as damaged property, unsafe worker behaviour, criminal activity, etc.) by utilizing preventative measures.

(b) Why are the bodyguards necessary?

SARS is a critical institution which is tasked with revenue collection, including from high profile individuals and businesses. Due to the nature of its mandate it is vital that the Commissioner and SARS employees who are threatened or deemed to have been threatened by individuals or syndicates under investigation are provided with personal protectors. The

current Commissioner including previous SARS Commissioners have all been allocated protective service for this reason.

(c) How many bodyguards are utilised in the security detail of the specified person?

The number of Protective Service Officers (PSO) is determined by the threat and risk assessment (TRA) which is compiled in advance by South African Police. By divulging the number protectors assigned to the Commissioner will be a breach of security measures currently in place.

(d) what was the

    (i) total expenditure

        Total expenditure is dependent on the employee grade see breakdown below

   (ii) breakdown of such expenditure

        (aa) in the

        (aaa) 2014-15

Period	Minimum of grade 4B pa	Midpoint of grade 4B pa	Maximum of grade 4B pa
1 April 2014 – 31 March 2015	215 508	295 212	374 916
Cell phone	R650
Uniform Allowance	6831.58

(bbb) 2015-16 financial years and

Period	Minimum of grade 4B pa	Midpoint of grade 4B pa	Maximum of grade 4B pa
1 April 2015 – 31 March 2016	228 504	313 008	397 524
Cell Phone	R500
Uniform Allowance	7226.47

(bb) 1 April 2016

Period	Minimum of grade 4B pa	Midpoint of grade 4B pa	Maximum of grade 4B pa
1 April 2016 – 31 March 2017	R237 984	R317 316	R396 648
Cell phone	R400
Uniform Allowance	7226.47

Reply:

Formal qualifications as requested below:

(a) (i) Chief Financial Officer	Qualification
Ms SP Khubeka	National Diploma Accounting Bachelor of Commerce Honours (Accounting) Certificate of Membership - Chartered Accountant of South Africa CA (SA)

(b) (i) Director – General	Qualification
Mr L Fuzile	Bachelor of Commerce Higher Diploma in Education Bachelor of Commerce Honours (Economics) Master of Commerce (Economics)

Reply:

The amount originally planned for spending by SASSA and for payment contractors is shown in Table 1.

Table 1. Original planned spending by SASSA in total and for payment contractors.

R' 000	2015/16	2016/17	2017/18	2018/19
	Audited Outcome	Budget	Estimates	Estimates
Total expenditure/ budgets	6,686,478	7,351,089	7,697,571	7,911,091
Of which: payment Contractors	2,025,559	2,179,364	2,202,043	2,329,761

Source: Data as at ENE 2016

SASSA will spend approximately R2.179 billion on payment contractors in 2016/17. In 2017/18 the Department of Social Development will transfer R7.697 billion to SASSA.

The Ministry of Social Development and SASSA need to respond on the specific spending amounts from SASSA’s budget and accumulated surpluses being used to build up systems in preparation to become the paymaster, and on related issues such as SASSA’s readiness to assume the paymaster role, what functions they intend to take over and which ones they will continue to contract out. The above figures, published in ENE 2016 are indicative since while Departmental Budgets are approved by Parliament, entity budgets are approved by Executive Authorities, in this case the line function Minister, Minister Dlamini.

Reply:

1. South Africa has complied with every obligation contained in the agreement. The first capital installment (US$150 million) was due and payable on 3 January 2016; it was paid on 30 December 2015. The second capital installment (US$250 million) is due and payable on 3 January 2017; it was paid on 26 August 2016. Five capital installments remain, each payable 12 months after the last; the next three payments are US$300 million and the last two are US$350 million.
2. The New Development Bank related obligations have been factored into the Medium Term Expenditure Framework; and will be funded as budgeted.

Reply:

The following information was submitted by the Government Employees Pension Fund:

1. Section 6 of the GEP Law and Rules makes provision for the establishment of the Board of Trustees and confers certain powers on the Board. Section 6 (7) specifically prescribes that the Board, acting in consultation with the Minister, shall determine the investment policy of the Fund. Further to this, Section 4.2.2 also provides the Board with the powers to invest, loan, advance on interest and place on deposit moneys not needed immediately for the current expenditure of the Fund or to deal therewith in any other way against such securities and in such a way as the Board may determine and to convert into money, adjust such securities, re-invest the proceeds thereof or to deal therewith in any other way as determined by the Board.
2. Up to 5% of the Fund’s investments may be allocated to developmental investments. The target rate of return on developmental investments is the Benchmark SA 10-year rate plus an applicable outperformance requirement. The unpredicatability of investment markets may result in investments that do not perform optimally; however this is not a desired outcome.
3. Please refer to question 1.
4. The PIC has been authorised by the GEPF to make developmental investments, in line with the GEPF’s Developmental Investment policy. The target rate of return on developmental investments is the Benchmark SA 10-year rate plus an applicable outperformance requirement. The GEPF does not believe that developmental investing necesarily leads to lower financial returns, and seeks to earn acceptable returns from these investments.
5. It has happened in the past that the PIC breached the Strategic Asset Allocation due to movements in the markets. However, those breaches were reported to the GEPF’s Investment Committee and either condoned or rectified it.

Reply:

The Public Investment Corporation (PIC) have submitted the following information:

(a) VBS Mutual Bank was established in 1982 and traded as the Venda Building Society. The Government Pension Fund of Venda was a shareholder in the Venda Building Society. The Public Investment Corporation (PIC) became a shareholder in VBS Mutual Bank (VBS) with the enactment of the Government Employees Pension Law, 1996 (Act 21 of 1996) (GEPF Law) on the 1st of May 1996. Section 14 of the GEPF Law provided for the discontinuance of inter alia the Government Pension Fund of Venda as well as the Government Superannuation Fund of Venda and for these funds to be amalgamated into the Government Employees Pension Fund.

(b) As at 31 March 2016, the PIC had a 8.5% equity stake in VBS which was valued by external valuators at R4.123 million. The shareholding of 8.5% was due to a rights issue by VBS in which the PIC has not participated as at financial year end. The PIC has since resolved to participate in the rights issue, which will result in the PIC restoring its equity stake to 25.26%. The value of this equity stake will be approximately R12.369 million.

Reply:

Funds from the fiscus are allocated to provinces through the provincial equitable share and provincial conditional grants. The provincial equitable share and a number of provincial conditional grants use formulas to determine the allocations to individual provinces.

The provincial equitable share is however the main source of revenue for meeting provincial expenditure responsibilities. To ensure that allocations are fair, the equitable share is allocated through a formula using objective data on the context and demand for services in each of the nine provinces. A full description of the calculation of the provincial equitable share formula for each financial year is contained in the Explanatory Memorandum to the Division of Revenue Bill, which is tabled in Parliament on Budget Day. The details of the provincial equitable share formula used to determine the allocations to individual provinces for the 2016 Medium Term Expenditure Framework (MTEF), as contained in the Division of Revenue Act, Act 3 of 2016, can be found in the Explanatory Memorandum of the 2016 Division of Revenue Bill, pages 74 – 81, which was released on 2016 Budget Day (24 February 2016) (attached hereto see link).

http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW2530Annexure-161130.pdf

Reply:

This response has been submitted by the South African Revenue Service and cannot be verified by the Ministry of Finance.

Due to the secrecy provisions contained in Section 69 of the Tax Administration Act No. 28 of 2011, SARS is prohibited from disclosing any taxpayer information (Including whether or not a taxpayer is subject to an audit/ investigation) to any person other than a SARS official. SARS is, therefore, unfortunately not in a position to respond to the above request.

Reply:

This information was provided by the South African Revenue Service (SARS) on the 08th November 2016. The Ministry of Finance cannot verify its accuracy because of lack of accountability and cooperation from the SARS top management.

1. There are no specialised units like the SARS High Risk Investigation Unit:

           (a) The HRIU was formally dissolved in 2014.

           (b) SARS has since implemented a New Operating Model and the current position in dealing with non-compliance in high risk areas (including areas such as the illicit economy) is guided by the focus areas in the publicised 2012/13 – 2016/17 SARS Compliance Programme.

(i – iv) As stated there are no specialised units, thus the questions are not applicable.

Why not – why does SARS have no units similar to HRIU.

SARS has a multifaceted approach to tackle the illicit economy, tax related organised crime and tax evasion. This approach intergrates its resources to deal with such matters.

SARS also builds and maintains strong working relationships with South African law enforcement agencies. The SARS enforcement unit primarily deals with tax, customs and excise related investigations and is supported by other units within SARS such as case selection which identifies the cases; internal investigations which investigates cases perpetrated by / with the assistance of SARS employees and Customs and Excise Investigations, etc.

SARS is also representaed in various clusters such as the Justice, Crime Prevention and Security Cluster, Governance and Administration Cluster, International Cooperation, Trade and Security Cluster, etc. Through these and various other fora, SARS works with government departments to execute its mandate.

Reply:

(a) (i) 2014 - 5 LoA’s were issued as follows:-

Date applied              Date Issued          No. of working days

20/10/2013                  2014/1/27                                      74

13/3/2014                    2014/6/14                                       69

12/6/2014                    2014/7/30                                       49

12/6/2014                    2014/7/30                                        49

29/10/2014                  2014/10/29                                    112

(ii) 2015 - 3 LOA’s were issued as follows:-

Date applied           Date Issued            No. of working days

5/8/2014                   2015/6/14                                   225

5/8/2014                   2015/6/14                                   225

5/8/2014                   2015/6/14                                   225

(b) 2016 - No LOA applications were received in this financial year

Reply:

No, the backlog of applications for Letters of Authority that are older than 120 calendar days were not eliminated by the deadline of 14 November 2016 that was given to the Parliamentary Portfolio Committee on Trade and Industry;

(a) The complexity of the required skills, human resource and systems interventions to deal with the backlog have taken longer than anticipated.

(b) The backlog on 30 October 2016 was 1615.

(c) The meeting to inform the Parliamentary Portfolio Committee on Trade and Industry on progress is scheduled for 29 November 2016.

(d) The NRCS has taken the following steps to address the backlog as a matter of urgency.

(i) Separation of administrative from technical processes – Progress: The NRCS has developed and implemented administrative and technical evaluation checklists and processes.

(ii) Develop and piloted risk-based approach - Low Risk: Renewals, Local Manufacturers and Low Risk Application in terms of Products, Companies and Countries - Progress: Implemented RBA on Low Risk Applications, Implemented RBA on Renewal Applications; Medium Risk: Products, Companies and Countries, Progress: Piloting RBA on Medium Risk Applications; High Risk: Products, Companies and Countries; Different approval routes used based on risk classification.

(iii) Human Resources – Progress: LOA approvals section resources have increased from 5 to 7 inspectors; Additional 2 candidate inspectors – Short-listing completed, recruitment process underway; 4 more positions are being created to further increase the staff complement to 13 inspectors. Overtime has also been approved to assist with the reduction in the backlog in the short-term.

Progress is reported to the Director-General bi–weekly through the oversight process led by the Group COO and the Deputy Director General.

(e) the backlog will be eliminated by 31 March 2017.

Reply:

1. a) The law in terms of Municipal Finance Management Act Section 48 allows municipalities to pledge and the Division of Revenue Act with its amendments provides for the mechanism through which municipalities may provide security for loans.

 (i) Over the past three years, National Treasury approved an amount R2.5 billion in pledges for the municipalities to accelerate their infrastructure delivery. The National Treasury does not issue or approve loans, but approves pledging by way of issuing letters of approval to the municipalities. Municipalities may use the letter of approval to secure a loan with the accredited institutions.

 (ii) The terms and conditions for pledging conditional grants are outlined in circular No 51 paragraph 4.5, issued in terms of the Municipal Finance Management Act.

 (iii) According to the Division of Revenue Act; municipalities are allowed to pledge a percentage (75%) of the amounts that are due to them in the outer two years of the medium term period; however implementation happens during the current year. If one considers the year of implementation, the period becomes three years. Over the two year period, the National Treasury makes the money available to the municipality according to the gazetted tranche payments and the municipality is expected to pay the lender within the same period of time.

 (iv) Pledges that have been received and approved relates to the electrification of households, mainly in the rural areas and construction of high light masts in higher density informal settlements using the Integrated National Energy Programme grant (R498 million approved). The other group of approvals involves a mix of projects ranging from roads & storm water, sanitation, and water projects (R2 billion approved).

b) Yes, each approved loan is in alignment with the relevant conditional grant objectives and purposes.

2) The National Treasury did not approve all pledging requests

   (a) Over the past three years, 8 pledging applications were not approved.

   (b) The reasons for non-approval was mainly the following:

• Pledging applications do not meet the requirements as stipulated in circular 51.
• Gaps in the submission owing to the fact that most pledges are submitted too early in the infrastructure planning process - before key project information could be generated by the planning process itself and demonstration project readiness for implementation.

Reply:

(1) (a) 2013-14 financial year; refer to the previous response of the Minister of Finance for Question number: 1389 NW1602E], dated 17 April 2015.

(b) 2014-15 financial year; refer to the previous response of the Minister of Finance for Question number: 1389 NW1602E], dated 17 April 2015.

(c) 2015-16 financial year Refer to attached Annexure B for (i); (ii) & (iii)

 

(2) (a) Refer to Annexure A in respect of 2013-14 and 2014-15 financial years, and Annexure B in respect of 2015-16 financial year.

(b) All the cases were conducted on behalf of client departments, municipalities or entities. National Treasury is an agent and not the owner of the reports. Therefore, the respective client departments, as reflected on Annexure A and B should be responsible for responding to the question, as the reports contained detailed findings and recommendations.

 

Reply:

The Liquor Amendment Bill will be submitted to Cabinet in the first quarter of 2017. In terms of the cabinet process, the Socio Economic Impact Assessment System (SEIAS) report must accompany all legislation. Once approved by Cabinet, the SEIAS report will be made available.

Reply:

The SABC is not aware of any contract disputes regarding the production of Soap Operas. The process followed in contracting with production companies is fully and clearly spelt out in the SABC supply chain policy on the acquisition of local content and the SABC follows that process.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

1. (a) - (c) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

2. Not applicable.

3. Not Applicable.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2481 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(1) (a) (i) (ii) (iii)

The Department of Basic Education is in no position to give the exact disaggregated numbers on these statistics. However, as part of the review of the Memorandum of Understanding with the Department of Sport and Recreation South Africa, provinces are undertaking a sports facilities audit in all public schools, including schools for children with special educational needs.

(b)

The Department of Basic Education has no programme of twinning advantaged and disadvantaged schools. However, provinces such as Gauteng have taken the initiative to twin schools in order to share the facilities. The Gauteng Department of Education has three pairs of schools which have been gazetted Section 17GB (Twinning Programme). The three pairs are:

• • • Bovet Primary and Lyndhurst Primary;
    • Cultura High and Zithobeni Secondary; and
    • Alexandra Secondary and Sandown High.

During the respective strategic planning sessions, per pair of schools, each pair identified transport and transport cost as a major risk pertaining to learners accessing the resources at the urban school.

In the case of Bovet and Lyndhurst, both schools have procured a Combi which transports learners / educators in order to access the facilities at Lyndhurst.

Cultura and Zithobeni have conducted inter-school athletics, soccer, netball and hockey. This however, is limited due to transport costs.

Alexandra and Sandown are in a similar position to that of Cultura and Zithobeni. Initially, Alexandra Secondary secured a sponsorship, but this unfortunately has ended.

(2) (a) The Department of Basic Education is in no position to provide statistics on the number of schools with sporting equipment. Every school receives a Norms and Standards budget allocation, which covers a variety of needs, including equipment. Over and above the Norms and Standards allocation, sporting equipment is provided to schools by the Department of Sports and Recreation South Africa (SRSA) as part of the Memorandum of Understanding. A summary of sporting equipment distributed to schools as indicated by SRSA is as follows:

 

2013/14	2014/15	2015/16	Target 2016/17
6 520	1 693	3 000	2 500

(b) A recent situational analysis of the state of Physical Education in South Africa revealed that Physical Education is taught by Life Orientation (LO) Educators who do not necessarily have formal training in Physical Education. As a short-term plan, the Department undertook educator training on Physical Education nationally. The Department is now finalizing a Physical Education qualification framework, developed with the Physical Education Institute of South Africa (PEISA).

(c) The Department provides training to educators through the national federations and school sport codes so that schools are self-reliant for training. There are some instances where schools are supported by local clubs and private entities. The Department has further engaged with the South African Universities on the implementation of Physical Education in schools including support for the educators. This has led to the establishment of the South African University Physical Education Association (SAUPEA). The Association will undertake a national on-site research project within the selected public schools in South Africa in all nine provinces. The Universities that will be part of this research are:

• University of Johannesburg;
• University of Witwatersrand;
• University of Zululand;
• University of KwaZulu-Natal;
• University of Free State;
• Stellenbosch University;
• University of Western Cape;
• Nelson Mandela Metropolitan University;
• University of Pretoria; and
• North-West University.

The rationale is for each participating University to select a sample from the primary and secondary school representative of:

• Ex-Model C schools;
• Township schools;
• Rural schools; and
• Schools for children with physical disabilities.

In addition to the on-site research visits, an in-depth research based on a multi-method approach will ensure the capturing of qualitative and quantitative data from decision-makers, HODs, educators and learners (Grades 7 and 11 respectively), parents (represented on the School Governing Body) and service providers offering Physical Education or physical activities in the Life Orientation or Life Skills Curriculum.

(d) Every school receives a Norms and Standards budget allocation, which covers a variety of needs, including school sport equipment/amenities.

Reply:

1. The meeting between the Minister and the NEEDU management took place in July 2016. There was no meeting with the Minister in August 2016. The meeting was to brief the Minister on the work of the Unit in the first five-year cycle of systemic evaluations (2012-2016), and, second, to present the plan for the Unit in the second five-year cycle (2017-2021).

After the briefing, the Minister asked the NEEDU to conduct deeper investigations on the areas that continue to cause concern in the system. The Minister’s request or ‘directive,’ is in line with section 6 (1) (h) in the NEEDU Bill and section 7(1) in the Regulations for the Establishment of the OSCBE, another NEEDU founding document.

2. The Minister raised concerns on how findings made by NEEDU find their way into the Department quickly enough for remediation to take place.

3. In the July meeting between the Minister and the NEEDU management, the Minister encouraged a “close” working relationship between the Ministry and NEEDU. This relationship is envisaged in all NEEDU founding documents. To safeguard the independence of the OSCBE, the Business Case and Business Plan for the Establishment of the OSCBE provides as follows:

“Two factors must be present in the structure of OSCBE: independence from the Department of Basic Education (DBE) and the requirements to report to the Minister of Basic Education on the activities and outcomes of its work. These two factors are not in contention with each other, as the need for independence is related more to location, internal processes and a perceived separateness from the DBE whereas the need to report to the Minister is quite clear in terms of hierarchical accountability.”

4. The NEEDU Bill was shelved following advice by the Department of Public Service and Administration (DPSA) to establish NEEDU, not as a statutory body, but as an independent government component called the Office of Standards and Compliance.

Reply:

The work from all government entities including those reporting to the Ministry of Communications, requires engagement with various stakeholders in the public and private sector. This is in line with the nature of work undertaken.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

1. (a) - (c) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

2. Not applicable.

3. Not Applicable.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2468 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. (a) - (c) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

2. Not applicable.

3. Not Applicable.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2477 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. (a) - (c) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

2. Not applicable.

3. Not Applicable.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2470 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. Mr Moetsoeneng’s income for the period 18 November 2011 when he started acting as COO has been fully disclosed in the Audited Annual Reports of the SABC for 2011/2012, 2012/2013, 2013/2014, 2014/2015 and 2015/2016. There were no fixed bonuses agreed upon in both positions. However, he was one of the employees who have received ex- gratia amounts during the 2014/2015 financial year. With regards to other fringe benefits, these are aligned to his condition of service which is in line with the internal policies of the SABC.
2. The SABC has not paid performance bonuses to staff as there is no Performance Management System in place.
3. Since Mr Motsoeneng has been appointed as COO, the only increases that were awarded were aligned to the annual wage increases as approved by the delegated authority.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

Yes, in line with the implementation of the Department of Basic Education’s (DBE) Integrated Strategy on HIV, STIs and TB, 2012-2016, the DBE reviewed the 1999 National Policy on HIV/AIDS, for Learners and Educators in Public Schools, and Students and Educators in Further Education and Training Institutions and developed a new DBE National Policy on HIV, STIs and TB that aims to provide comprehensive sexuality education programme in schools. In addition, the Policy also seeks to create access to Sexual and Reproductive Health services to learners.

Sexuality education is implemented through Life Orientation as a subject in the curriculum, other programmes include HIV and AIDS Life Skills Education Programme and Peer Education Programme which support and strengthen the content of Life Orientation; as well as, Keeping Girls in School Programme - targeting mainly girls, and the Integrated School Health Programme which is conducted in partnership with the Departments of Health, Social Development, development partners and non-governmental organisations. In addition, the DBE is working with UNESCO to explore the online educator training on comprehensive sexuality education. Training is currently implemented in the Eastern Cape province and will be rolled out to other provinces in subsequent years.

Reply:

In terms of the National Norms and Standards for Funding Technical and Vocational Education and Training Colleges (NSF-TVET Colleges), paragraph 59 refers to the output bonus as a monetary bonus, which the college receives in recognition of efficient or outstanding service delivery. The output bonus is over and above a college allocation and is determined based on the following criteria:

• The ratio of past successful completions to past enrolments, and previous versions of this ratio, applicable to previous years, both the absolute levels of this ratio, and improvements in this ratio overtime, should be taken into account.
• Attainment of development targets in the strategic plan of the college, including targets relating to the representivity of students.
• Average examination scores attained by students.

Paragraph 15 of the TVET funding norms states:

In the interests of quality TVET services in the public sector, and in order to minimise inefficient utilisation of funds, it is important that the new funding system should be sensitive to the outputs achieved by public colleges. There are two ways in which the new system deals with the matter of efficiency and outputs. Firstly, the system allows DHET to expand enrolment in colleges that prove to be efficient and to decrease enrolment in inefficient colleges. This is made possible through the joint DHET-college planning process. Secondly, the system includes an output bonus, which should be considered a performance incentive that eligible colleges can utilise to improve their facilities, conduct further research, or for some similar developmental activity. The output-related aspects of the system are obviously dependent on the credible measurement of college performance, both in terms of successful completions (or the throughput rate) and in terms of the labour market performance of graduates.

(a) The Department has not been able to implement the payment of output bonuses to TVET Colleges because the TVET system was migrated to the Department on 1 April 2015 from Provincial Departments of Education and prior to this, it was the responsibility of Provinces to determine output bonuses. Since 1 April 2015, the Department has not paid any output bonuses as the TVET funding norms in paragraph 15, quoted above, indicates that the payment of the output bonuses is dependent on the credible measurement of college performance. The Department has started developing credible measurement tools. The TVET sector remains underfunded and with the current budget constraints, it is not possible for the Department to fund any output bonuses. It must be noted that the Department is currently only able to fund TVET Colleges at 57% of the required 80% funding level due to limited budget and increased enrolments. It must also be noted that the Department has submitted bids to National Treasury since 2010 specifically indicating the funding shortfall of which no additional baseline funding was received.

(b) The Department is committed to a system of output bonuses for TVET colleges and is developing a robust, reliable and incontestable measuring tool for performance; ensuring that the TVET examinations system managed by the State Information Technology Agency is cleaned up to produce reliable data on throughput and success rates; instituting a verification process for data supplied by TVET Colleges; implementing for the first time in 2016, a unit record TVET management information system; instituting monitoring and evaluation systems as well as a DHET-college strategic and annual performance planning system, among others. Once the credibility of these measures is tested and consulted, and the Department is able to manage over-enrolment and thereby releasing funds, the system will be implemented.

(i) No amounts have been paid as output bonuses to TVET colleges.

(ii) There are no terms for the payment of bonuses, as no amounts have been paid as output bonuses to TVET colleges.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2582 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. (a) - (c) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

2. Not applicable.

3. Not Applicable.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2485 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

The Department of Energy (DoE) takes the lead in the domestic IPP strategy including the sourcing and contracting component of these arrangements. This strategy is driven by the Integrated Resource Plan (IRP) which is the country’s plan for electricity. The IRP is currently in review and will provide appropriate guidance on technology, scale and timing of the electricity requirements for the country with the objective of meeting energy security and diversifying the energy mix.

The key assumptions in the IRP need to be updated to provide a robust plan. In the last month, Eskom presented its Interim Results which shows that year on year demand for electricity only grew 1.2%. In fact demand for electricity has been fairly flat for the last decade.

The current capacity being added on the grid is based on the IRP 2010 which projected higher demand for electricity based on the economy growing close to 6%. This means that we are currently adding on capacity to the grid at rate higher than what is required. The biggest risk with having too much capacity is what happens to the plants that will potentially become stranded. While Eskom can push for a more aggressive export strategy to mitigate this, it comes with its own limitations including Transmission capacity. The challenge then becomes that Eskom would still need to collect the same level of revenue to cover the incurred costs. This is particularly critical at a time where Eskom balance sheet is highly indebted due to the build cycle. So with low volumes, the price of electricity will have to rise to sustain the required level of revenue, meaning consumers will have to pay more for electricity. These Eskom assets belong to the South African public, I have a responsibility to safeguard these and ensure that South African derive maximum value. The current trajectory will potentially be detrimental to consumers and it is critical that the IRP is concluded so we can have plan that offers maximum protection for consumers

ADVISORY NOTE TO THE MINISTER:

DEAR Minister,

Eskom has written to yourself, ministers finance and energy as signatories to the Government Support Framework Agreement (GFSA). Even though some of the arguments raised can be seen as survivalist, there are some valid arguments raised that warrant the attention of the government as a shareholder and policy maker. Specifically the fact that there is no new demand for electricity in South Africa, and therefore the addition of new power is likely to result in the shutdown of Eskom plants to create space for renewables resulting in lower revenue. The challenge is that in the cycle of build where Eskom is, the balance sheet is highly indebted and Eskom requires the correct revenue to be able to pay its debt obligation and in the absence of demand prices will have to rise to sustain the revenue level resulting in negative impact on consumers. Alternatively Eskom could write off the assets and have the National Treasury honor its debt obligations linked to those assets (which, at 60% debt the fiscus can barely afford which means more taxes to raise the cash). So an evolutionary approach is required in the addition of new capacity to ensure maximum protection for consumers.

Reply:

(a) & (b)

Yes, the Minister will make the teacher union reports available to the Portfolio Committee on Basic Education (b) before the end of the financial year 31 March 2017.

Reply:

(a) The main difference between the National Education Evaluation and Development Unit (NEEDU) and the Office of Standards and Compliance for Basic Education (OSCBE) is that through a Bill, NEEDU would be established as a statutory body whereas pursuing the new legal pathway (i.e., establishing NEEDU as the OSCBE) will create a ‘component of government.’

Where NEEDU is established as a statutory body, it would be governed by a board whereas the OSCBE will be governed by a Governing Advisory Council to oversee, guide and monitor its activities. The process of nominating and appointing members of the Board or the Council, to ensure that the functions of NEEDU or the OSCBE are performed according to the highest professional standards, is the same, and so are the functions of these bodies.

Except for these differences, where NEEDU is established as a statutory body (through a Bill) or as a component of government (in terms of section 7(5)(c), read with section 7A(1) of the Public Service Act,1994, NEEDU and OSCBE are basically the same in all respects, including governing principles, vision, strategic objectives, functions, authorities, and requirements to report to the Minister of Basic Education on the activities and outcomes of their work.

(b) The Bill no longer has any status following the advice by the Department of Public Service and Administration (DPSA) to pursue a new legal pathway. It was argued that, the most appropriate organizational form for NEEDU will be that of an independent government component, established in terms of section 11 of the National Education Policy Act, 1996 (Act 27 of 1996) read with section 7(5) and section 7A of the Public Service Act.

(c) In terms of the Administration and Operations clause in the Business Case and Business Plan for the Establishment of the OSCBE, the OSCBE founding document, the Head of OSCBE will be the accounting officer of OSCBE and will report and account on progress and the achievements of functions to the Minister of Basic Education.

(d) OSCBE will be established when all the prescribed processes have been completed. The process entails the following:

• Approval of the Regulations for the establishment of the OSCBE by the CEM.
• Declaring the establishment of OSCBE through the promulgation of the Regulations (via the Government Notice) by the Minister.
• Submitting the updated business case and promulgated Regulations and Government Notice to the DPSA [by NEEDU].
• Arranging a meeting of the Interdepartmental Assessment Committee to make recommendations on the organizational form for the OSCBE—with NEEDU participating as a member in the Committee and making a presentation to the members [by DPSA].
• Preparing a submission to inform the Minister for Public Service and Administration and the Minister of Finance of the Committee's recommendation and obtain the concurrence of the said Ministers for the establishment of the OSBE as a government component [by DPSA].
• Preparing (following concurrence from said Ministers) a presidential proclamation to list the OSCBE in schedule 3 of the Public Service Act so as to establish the OSCBE as a government component [by DPSA].

Reply:

(1) (a) R2, 176 530 611.99 accrued as at August 2015.

(1)(b) This penalty has not been paid by Optimum to date.

(1) (c) No agreement has been reached.

(1) (d) The matter is still the subject of arbitration, no agreement has been reached.

(2) Yes.

(2)(a) Fines normally referred to as penalties have been levied in all instances where coal quality is at the bottom end of the expected range. A coal penalty regime is a standard condition of Eskom contracts.

(2)(b) For Eskom’s long-term coal suppliers, excluding Optimum Colliery which supplies Hendrina Power Station, a total of R90 million in penalties was levied for the period 01 April 2015 to 30 September 2016.

(2)(c) The price adjustments are effected in the month that payment for the respective coal supply was made and are reflected in both the invoice and in Eskom’s payment assessment.

(2)(d) The price adjustments are effected in the month that payment for the respective coal supply was made.

Reply:

(a)-(bb) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

(b) (i)-(iii) Not applicable

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2466 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. (a) - (c) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

2. Not applicable.

3. Not Applicable.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2480 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. (a) - (c) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

2. Not applicable.

3. Not Applicable.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2475 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(a)-(bb) There were no international trips undertaken by the Chief Executive Officer, executive or board members in the 2015 calendar year and to date.

(b) (i)-(iii) Not applicable.

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2448 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. The SABC has fully complied with the ICASA ruling. The SABC is now broadcasting news bulletins that covers all violent protests.
2. Yes, the Minister watches news and no complaints were received.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

1. (a)-(e) Amendments to the National Road Traffic regulation 250 were published in November prohibiting the transportation of children and other persons in goods compartment of motor vehicle for reward.

 (i) The amendments stipulates that: No person shall on a public road convey school children in the goods compartment of a motor vehicle for reward

 (ii) No person shall convey any other person in the goods compartment of a motor vehicle for reward provided that the provision of this sub-regulation shall not apply in respect of a vehicle which complies with the provisions of the National Land Transportation Act.

(aa) provincial and

(bb) local authorities will have to implement the new amendments with effect from 11 May 2017

2. No arrests have yet been made as the regulations have not come into effect.

Reply:

(a) The Department of Basic Education has not spent on advertising on (i) ANN7, (ii) SABC Television and Radio Channels, National and Commercial Radio Stations, Community Television and Radio Stations during the 2015-2016 financial year or since 1 April 2016.

(b) SACE has not spent on advertising on ANN7, SABC Television and Radio Channels, National and Commercial Radio Stations, Community Television and Radio Stations during the 2015-2016 financial year or since 1 April 2016.

Umalusi has not spent on advertising on ANN7, SABC Television and Radio Channels, Community Television and Radio Stations during the 2015-2016 financial year or since 1 April 2016.

However, Umalusi has spent R212, 106.35 on National and Commercial Radio stations during the 2015-2016 financial year.

Reply:

a) The service provider that was appointed to analyse data for the 2014 National Education Evaluation Development Unit is the Underhill Corporate Solutions.

b) R198 117.80 was paid to the service provide.

c) Three companies submitted proposals in response to the Terms of Reference that were advertised.

d) The delay was in supply chain management processes which took too long to appoint the service provider. This had a negative impact on the time frames for the service provider to conclude work.

Reply:

(a)There are 24 reported cases of allegations from the Public Service Commission relating to the Provincial Education Departments (PEDs), and one (1) for the entity, South African Council for Educators (SACE). The Department is following up with the relevant PEDS and SACE for feedback on their investigation process.

Reply:

(a) What (i) are the names and

(ii) is the total number of schools that provide sanitary towels for learners,

After the President declared in his State of the Nation Address (SONA) in 2011 that the Government should make available sanitary dignity packs to deserving young girls and women, three provinces, namely: Limpopo, Mpumalanga and Gauteng, formed partnerships with Protector and Gamble to distribute sanitary towels to girl learners in selected schools. Currently, there is no available data on the names and number of schools to respond to question (a)(i) and (a)(ii) above. The information has been requested from the three provinces whose schools have implemented the programme.

(b) what is the total number of learners that have been provided with the specified towels in the specified schools

Currently, there is no available data on the number of learners that have been provided with the specified towels in the implementing schools to respond to question (b) above. The information has been requested from the three provinces whose schools have implemented the programme.

(c) how many times in a given school calendar were the towels provided?

Currently, there is no available data on the number of times in a given school calendar that the towels were given to learners in response to question (c) above. The information has been requested from the three provinces whose schools have implemented the programme.

Reply:

(a) As a result of NPA declining to prosecute these matters, there were no convictions.

(b) Engagement with the National Director of Public Prosecution in this regard is underway.

Reply:

(a) When the criminal investigation has being completed and recommendations are made, IPID hands over the file to NPA for decision in terms of section 7(4) of the IPID act.

(b) (i) & (ii) For departmental recommendations IPID hands over the file to SAPS after completion for disciplinary procedures in terms of section 7(6) & 7(7) of the IPID act and SAPS implements disciplinary steps based on the new SAPS discipline regulation 5(3) which came to effect on the 1st November 2016.

Reply:

According to information currently at our disposal IPID is investigating four (4) matters against Gen BM Ntlemeza from 1 January 2012 up to date.

A case of defeating the Ends of Justice and corruption was opened against Gen. Ntlemeza by Lt Ramahlaha. A case was opened at Silverton police station with the following CAS 500/05/2016 and the matter is with SPP for decision.

A case of perjury against Gen. Ntlemeza was opened by Gen. JW Booysen. A case was opened at Sandton police station with the following CAS 943/10/2016 and the matter is still under investigation by IPID.

A case of Fraud, Uttering and Corruption against Gen. Ntlemeza was opened by Lt Ramahlaha. A case was opened at Polokwane with the following CAS 478/09/2015 and the matter was declined by DPP.

A case of Fraud, Crimen Injuria and Defamation of character against Gen. Ntlemeza was opened by Gen. JW Booysen. A case was opened at Durban Central police station with the following Cas 617/09/2015 and the matter is still under investigation.

 

Reply:

Nature conservation is a concurrent competence between national and provincial government and any investigation into illegal trade in endangered species allegedly taking place at the Faraday Muthi Market, in Selby, Johannesburg will have to be done by the Gauteng Department of Agriculture and Rural Development (GDARD) which is the conservation authority responsible for law enforcement in the Gauteng Province.

However, due to increasing reports of the illegal activities occurring at various muthi markets, a national project has been included in the 2016/17 workplan of the Technical Committee of Minister and Members of Executive Council (MINTECH) Working Group IV, the national coordinating forum on environmental compliance and enforcement that is aimed at raising the awareness of traditional healers on the duties and obligations applicable to their activities in terms of the national biodiversity legislation.

---ooOoo---

Reply:

1. (a)(i) and (b) In respect of civil matters and internal disciplinary proceedings pertaining to Mr Anwa Dramat, Mr Shadrack Sibiya, Mr Robert McBride, the Office of the State Attorney was not involved in these matters, excluding for the matter of Mr Johan Booysen. The details are explained below:

Johan Wessels Booysen / NDPP and Others: Case No. 8247/2015 – Durban High Court. In this matter an amount of R9 623.94 was expended on counsel and correspondent attorney fees.

(ii) All the criminal cases mentioned above were handled by the National Prosecuting Authority (NPA) prosecutors, and there were no specific costs related to criminal litigation in all these cases

2. (a)(i)(ii) and (b) According to the records at the State Attorney, there are no matters specifying that the State Attorney was an attorney of record, with a cost order being granted in these matters.

Reply:

Please note that neither the Department of Environmental Affairs nor I can provide evidence that can assist in the trial of the person referred to in the question. However, the South African Police Service’s Directorate: Priority Crime Investigation (DPCI) arrested the said person and associates on 18 December 2014 and the investigation was successfully finalised. The syndicate members were consequently brought before the Hluhluwe magistrates court after their arrest. Although bail was formally opposed by the prosecutor, the magistrate ruled in favour of the accused and they were subsequently released on R10 000,00 bail each. The matter is currently on the court roll at the Ngwelezane Regional Court. The matter has been postponed on numerous occasions due to change of legal representation on the part of the accused. We are advised that a final court date will be determined within the next month and that the investigation and prosecution team have gathered sufficient evidence and have been ready to proceed with the trial since the arrest of the syndicate members.

---ooOoo---

Reply:

(a) No internal forensic reports

(b) External forensic reports – 2

(i) Pertaining to the Department of Science and Technology (aa) Forensic investigation into the Nkowankowa Demonstration Centre. (bb) Forensic investigation into various allegations regarding irregularities pertaining to the Nkowankowa Demonstration Centre, which was a Department of Science and Technology led community project. The period under investigation was from 01 December 2013 to 31August2015. (cc) The forensic investigation was concluded on 22 June 2016

Find here: http://pmg-assets.s3-website-eu-west-1.amazonaws.com/RNW2309entity.pdf

 

 

 

 

Reply:

(a) The case docket, Khayelitsha CAS 199/06/2016 is still under investigation. The cell phone records have been requested from the service provider to be analysed. This will assist in identifying and tracing the suspects.

(b) The offence is house robbery.

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

(d)(aa) The complainant has been provided with feedback relating to the case number, the particulars of the investigating officer as well as the status of the investigation.

(d)(bb) Feedback was provided to the complainant on 2016-06-07 and 2016-06-29.

(d)(cc) Feedback was provided to the complainant by means of cell phone communication.