Questions and Replies

Reply:

1. South Africa voted in favour of the resolution of the United Nations Educational, Scientific and Cultural Organisation on Occupied Palestine on 13 October 2016, in view of South Africa’s support for the longstanding right of the Palestinian people to self-determination and the achievement of their legitimate national aspirations that include freedom, independence, justice, peace and dignity in an independent Palestinian State. South Africa is also committed to the two State solution that is an essential part of achieving peace in the entire Middle East through the establishment of a free and sovereign Palestinian State co-existing side-by-side in peace and security with the State of Israel, based on the 4 June 1967 borders, with East Jerusalem as its capital.

2. This resolution has no implications regarding other religious connections to Jerusalem as a holy site in that it affirms the importance of the old city of Jerusalem and its Walls for the three monotheistic religions. It seeks to safeguard the cultural heritage of Palestine and the distinctive character of East Jerusalem, in view of the persistent, systematic destruction of this heritage through numerous activities. It calls for an immediate end to these activities and for Israel to honour its obligations under UNESCO conventions, resolutions and decisions.

UNQUOTE

Reply:

The heavy flooding that occurred in the Gauteng Province in early November 2016 did not affect operations materially and the Boksburg office is open and functioning. The damage that occurred in May 2016 in the Boksburg office was caused by a burst water hydrant outside in the street over a weekend and not stormy weather. This caused severe damage to office equipment and furniture which had to be replaced.

However, the lease for the Boksburg office is expiring on 30 April 2017. The Department requested the Department of Public Works to find alternative accommodation as the current office accommodation no longer meets the needs of the Department.

Reply:

(1) The Department has complied with all court orders in the Tasima matter.

(2) (a) The Department has paid the total amounts of R55 769 058.44.

(b) They were paid on 2 September 2016, 29 September 2016 and 26 October 2016.

(c) It was payment for services rendered by Tasima on the eNatis including payments to third parties amongst those Telkom and the South African Post Office.

Reply:

(1)(a)(i) Trillian Asset Management was introduced to Transnet as a subcontractor to Regiments and as part of the latter’s supplier development obligations to Transnet. Trillian Asset Management was the lead manager on the ZAR Club Loan.

(ii) The extent of the appointment was to only lead the ZAR Club Loan.

(b) Mr. Stanley Shane was the Chairperson of the Acquisitions and Disposals Committee.

(c) Based on information supplied to us by Trillian, the Directors of Trillian Assets Management at that point in time were:

• Mr. Daniel Roy and
• Mr. Janfaure.

The Shareholders were:

• Mr. Daniel Roy 30%
• Mr. Jan Faure 20%, and
• Trillian Holdings 50% (which is wholy owned by Mr. Sallim Essa)

2(a) Mr Shane, a non-executive director of the Transnet Board of Directors since December 2014, and Chairperson of the Acquisition and Disposal Committee, declared all his interests in line with Transnet’s policies and procedures. According to these declarations there were no conflict of interests.

(b) Transnet assesses its need for specialised services on an ongoing basis and awards work to external parties based on these assessments, ensuring that there is no conflict of interest with Transnet employees.

The grounds for utilising external services providers may range from level of expertise/skills required, to capacity to execute etc. This is also enshrined within the Transnet procurement processes which also prescribe the appropriate delegations or appoval requirements for such engagements.

3. Refer to 2(b) above.

Reply:

1. (a) Mercedes

(b) 2015

(c) R1 197. 665 .81

As per the approval for the package of the CEO. However in 2014 the vehicle previously used was replaced due to its useful lifespan having expired.

2. (a) The decision to provide protection is informed by the risk assessment conducted by the responsible law enforcement agency and there is no blue light brigade.

In 2013-14 personal security services were provided to the Acting CEO of Road Traffic Management Corporation on a 24 hour period.

In 2014-15, the protection services for the Chief Executive Officer were provided by the National Traffic Police officials employed in the National Traffic Law Enforcement Unit. As such vehicles are fitted with the necessary law enforcement equipment

The protection services for the Chief Executive Officer are provided by the National Traffic Police officers employed in the National Traffic Law Enforcement Unit and as such there is no additional cost to the Corporation as these officers are fully employed by the Corporation.

The services rendered are informed by the risk assessment conducted by the responsible law enforcement agency and there is no blue light brigade.

Reply:

1. (a)The successful applicant should be in possession of a Basic Traffic Diploma, atleast 4 years work related experience in Law Enforcement. Avalid proof of registration as a Traffic Officer, No previous conviction, have a Driver’s License and should at least have an Examiner of Driver’s License or Examiner of Vehicles qualification.

(b) Post where advertised on the basis that Salary was negotiable within the C1 band as per Patterson grades and the date of appointment.

(c)Please refer answer (b) as it bears relevance to the question.

(d)why have some of the inspectors not been given ranks despite them being in the service of the NTP for more than three years;

Irrespective of the years served, all Traffic Officers are appointed as Traffic Officers at the entry level of the profession. Traffic officers are considered for progression on the basis of funded and vacant positions.

(2) The training provided to Senior Inspectors is accredited i.e. Examiners of Vehicles and Examiners of Driver’s License.

(a) Not applicable
(b) All Traffic officers receive accredited Training

 

Reply:

(a) It is the Minister’s prerogative to appoint the Independent Transitional Committee. The Independent Transitional Committee will provide guidance and oversight during the establishment of the single KwaZulu-Natal Water Board.

(b) The members of the Independent Transitional Committee are appointed until such a time the single KwaZulu-Natal Water Board is established.

(c) The members of the Independent Transition Committee term of appointment will end when the single KwaZulu-Natal Water Board is established.

---00O00---

Reply:

The Department of Transport is not responsible for the procurement of scholar transport services. The responsibility to procure scholar transport services reside with provincial Department of Transport and Basic Education as contracting authorities.

No tender were awarded by this department for scholar transport in the past three financial years.

Reply:

(a) The Passenger Rail Agency of South Africa (PRASA) through its Property Management Division, PRASA Corporative Real Estate Solutions (CRES), oversees the cleaning of stations in five (5) regional offices located in Eastern Cape, Western Cape, KwaZulu Natal, Gauteng South and Gauteng North. The names of the cleaning service providers appointed and the station / facility name are outlined per region in Annexure A.

(b) -(c) The appointment date and contracting date of all cleaning service providers is outlined per region in Annexure A.

(d) The service providers were all appointed to ensure and maintain acceptable cleanliness levelsfor the contracted facilities (See Annexures B and C).

(e) The amount spent to date against each cleaning service provider is outlined per region in Annexure A.

(f) The performance monitoring of the cleaning service providers is done by employees of PRASA CRES.PRASA CRES Regional Managers take the ultimate responsibility of ensuring that the Property Management services are delivered at acceptable levels.

(g,h&I)Each region has a list of non- performing cleaning service providers which have led to their contracts being terminated.

South Gauteng Region

• Marble Arch,extended contract terminated on the 02nd March 2016 due non- performance
• Hughdeck Creations , contract terminatedon the 29thApril 2015 due non-performance

North Gauteng Region

• None

KZN Region:

• None

Western Cape Region

• None

ANNEXURE A

Eastern Cape Region

For the past three (3) financial years, the Station Cleaning service in the Eastern Cape region has not been outsourced. The service is currently rendered by PRASA employees.

Western Cape Region(Cleaning Companies)

CLEANING COMPANY NAME	STATION NAME	CONTRACT APPOINTMENT	SPENT TO DATE
ALL PURPOSE CLEANING SERVICES CC	Heideveld and Netreg	2014, Jun 30	R1,719,845.41
	Stock Road and Philip	2014, Jun 30
	Phillip,Stockrd	2015, Sep 28
	Lavistown,Bonthehewel	2015, Sep 28
	Netreg station	2016, Mar 31
	Lentegeur,Mitchelsplain	2016, Apr 07
	Waste removal Lentegeur, Mitchelsplain	2016, Oct 27
	Lavistown, Net	2016, Oct 27
	Belhar,Unibel	2016, Oct 27
	Rosebank,Mowbrey	2016, Oct 27
	Phillip,Mandalay	2016, Oct 31
PHILLIP CLEANING SERVICE	Waste removal at Culemborg Depot	2014, Jun 11
	Cleaning & Hygiene Khayelitsha and Nonkqubela	2014, Jun 30
	Cleaning & Hygiene Bontheheuwel and Laviston	2014, Jun 30
	Cleaning bellvileShosholoza offices	2015, May 12
	Horticulture,waste removal Soetendal	2015, Sep 29	R1,660,389.18
	Horticulture,waste removal Abbotsdale,ka	2015, Sep 29
	Cleaning new ShosholozaMeyl Bellville	2015, Dec 08
	Cleaning and horticulture at Bellville S	2016, Apr 04
	Cleaning and horticulture Abbotsdale,Kal	2016, Apr 04
	Cleaning at Mutual and Woltemande	2016, Oct 27
GREYSTONE TRADING 816 CC	Cleaning contract Salt River and PDD	2013, Jun 04	R 8,242,999.85
	Depots: Cleaning of Muldersvlei	2014, Jul 14
	Depots: Cleaning of Belville	2014, Jul 14
SOUTHERN AMBITION 1110 CC	Cleaning Contract Unibell and Belhar	2013, May 28	R564,780.00
	Cleaning and horticulture Avondale	2016, Oct 27
	Cleaning and horticulture Century City,	2016, Oct 27
PEARCES CLEANING SERVICES	Waste removal Salt river, Firgrove Depot	2014, Jun 27	R51,200.00
QOSHELISA CATERING AND CLEANING SER	Cleaning of Belleville Station	2013, Apr 02	R3,280,835.00
	waste removal: Figrove,Bellville,Thornto	2015, Jan 15
	Wasteremoval at Bellville,Koelenhof Stat	2016, Jun 09
	Cleaning & horticulture Firgrove Depot	2016, Sep 15
	Cleaning & horticulture Khayelitsha,Nolu	2016, Oct 07
	Cleaning & horticulture at Kuilsriver,Bl	2016, Oct 07
SINAKO FACILITIES MANAGEMENT CC	Cleaning Contract Huguenot and Paarl	2013, May 28	186,575.40
SIMANYENE CLEANING SERVICES CC	Cleaning Contract Pentech and Sarepta	2013, May 28	R1,669,003.67
	Cleaning and Hygiene Sarepta,Pentech	2014, Jun 12
	Cleaning Beaufort-West Station	2014, Jul 23
	Cleanin,waste removal at Du TOIT N KOELE	2015, Feb 17
	Cleanin,waste removal at Huguenot n Paarl	2015, Feb 17
	Cleaning ,waste removal at Willington,Mbekweni	2015, Feb 17
YUSUF'S DISTRIBUTORS CC	Cleaning Contract Lavistown and Bonteheuwel	2013, May 28	R779,648.42
	Cleaning Contract Salt river	2013, May 28
	Cleaning contract Michell'sPlain,Lenteguer	2013, Jul 12
	Salt River	2013, Oct 29
	Kuyasa and Chris Hani	2013, Oct 29
	Mandalay, Stock Road, Phillipi and Nyanga	2013, Oct 29
	Kayelitsa, Nolungile and Nonqkubela	2013, Oct 31
ELIHLE CLEANING SERVICES CC	Waste Removal at Mutual,Pentech,Unibell	2014, Jun 12	R404,211.95
	Cleanin,waste removal at Vlottenburg,lyn	2015, Feb 17
	Waste removal at firgrove,bellville	2016, Feb 02
AMANGELE-NGELE TRADING	Waste Removal at Kuyasa,Nyanga,Chris Hani	2014, Jun 12	R174,810.00
	Waste removal at Langa,Nyanga,Chris Hani	2016, Jul 19
	Horticulture Service michells plain SRM	2016, Nov 07
MAKUZANYWE TRADING CC	clening,waste removal at Mbekweni, Wellington	2015, Oct 27	R574,482.40
	clening,waste removal at Huguenot ,Paarl	2015, Oct 27
	cleaning and horticulture Huguenot,Paarl	2016, Apr 07
WORLD FOCUS 485 CC	Cleaning and hygiene at Stellenbosch,Du	2014, Jun 12
	Cleaning and Hygiene Lyndoch,Vlotternber	2014, Jun 12
S'BHALALA CONSTRUCTION AND SERVICE-	WasteRemoval at Depots WCR	2015, Feb 10	R2,999,749.59
	Waste removal at Depots WCR	2015, Nov 16
	cleaning,orticulture at Lyndoch,Stellenb	2016, Mar 30
	cleaning,orticulture at Du toit,Koelenof	2016, Mar 30
	cleaning,horticulture at Langa station	2016, Mar 30
	cleaning,horticulture at wittebome,plums	2016, Mar 30
	Cleaning and horticulture Rondebostch,	2016, Oct 27
	Cleaning and horticulture Plumsteed,Steu	2016, Oct 27
	Cleaning and horticulture Harfield,kenil	2016, Oct 27
	Cleaning and horticulture Somerset west,	2016, Oct 27
	Cleaning and horticulture Goodwood,VAsco	2016, Oct 27
	Cleaning and horticulture Lyndoch,Vloote	2016, Oct 27
	Cleaning and horticulture Rosebank,Mowbr	2016, Nov 01
AKHOYENA TRADING CC	Waste Removal at Salt River Station	2015, Aug 12	R784,830.06
	Cleaning and horticulture Phillipi,Stock	2016, Apr 07
	Cleaning and horticulture Belhar,Unibell	2016, Apr 07
	Cleaning and horticulture Banteheuwel,La	2016, Apr 07
TWO DREAMS CONSTRUCTION cc	Waste removal Koelenhof,Firgrove,Dal	2014, Jun 27	R81,000.00
LEISURE CRUZ TRAVEL CC	Cleaning Contract Culemborg Depot	2013, May 28	R149,450.00
MATSIPANE TRADING ENTERPRISE CC	Eersteriver, Fauri, Somerset, Van Derste	2013, Apr 02	R 3,906,704.39
	Cleaning Rosebank, Rondebosch, Newlands	2013, Apr 02
SENZAKAHLE BUSINESS SERVICES	Cleaning Wittebome, PlumsteadSteurhoff	2013, Apr 02	R4,161,780.34
	Clean De Grandale, Avondale &Oorsterzee	2013, Apr 02
	/ketemand, Akasia, Monte Vista, Century	2013, Apr 02
	Cleaning Goodwood, Vasco, Elsies river,	2013, Apr 02
	Cleaning of trains at Salt river SRM	2016, Oct 03
	Cleaning of trains Salt River SRM	2016, Nov 07
TORMALINE CLEANERS	Saltriver,Wellington,Belvile,Strand,Kraa	2013, Sep 26	R587,209.45
	Paardeneiland yard	2013, Sep 26	R678,032.20
MDAX AFRIKA TRADING ENTERPRISE	Stikland, Branckenfell, Eikofontein,	2013, Apr 02
NTENTENI CONSTRUCTION &	Waste removal at BellbvilleStatiion	2014, Jun 11	R 2,602,545.54
	Cleaning & Hygiene Nolungile n Mandalay	2014, Jun 30
	Cleaning of trains at Culemborg Yard	2016, Jul 18
	Cleaning of trains at Culemborg SRM	2016, Sep 15
	Cleaning of trains Culemborg SRM	2016, Oct 31
QAMA MAINTANANCE PROJECTS CC	Cleaning Contract Beaufort West	2013, May 28	R430,277.50
	Cleanin,waste removal at Unibell,Serepta	2015, Mar 06
MAMPIES TREE FELLING&GARDENING	Cleaning contract Deip River, Heathfield	2013, Jun 13	R 561,552.67
	Cleaning and horticulture St James,Simon	2016, Apr 06
	Cleaning and horicultureMuizenberg,ST J	2016, Oct 27
LLK CONSULTANTS CC	Cleaning Contract	2013, May 28	R454,000.00
	Waste removal at Salt River and Woodstoc	2014, Jun 11
	Cleaning & Hygiene Mitchels Plain and Le	2014, Jun 30
THE BUSINESS ZONE 2631 CC	Cleaning & Hygiene Huegenot,Paarl and Da	2014, Jul 01	R1,216,132.26
	Cleaning & Hygiene Wellington,Mbekweni	2014, Jul 01
	Cleanin,waste removal at Netreg,Heidevel	2015, Feb 10
	Cleanin,waste removal at Lentegeur	2015, Feb 10
	horticulture & cleaning Parow Station B	2015, Dec 18
BAGGOTTS CLEANING SERVICE	Cleaning services for cabins	2013, Oct 31	R108,336.04
LAWLINK PROJECTS CC	Cleaning and horticulture Willington,Mbe	2016, Apr 07	R439,500.00
	Cleaning and horticulyureHuogenot,Bekwe	2016, Oct 27
WORLD FOCUS 913 CC	Cleaning Contract Stellenbosch, vlootenb	2013, May 28	R 1,211,531.00
	Cleaning Contract Muildesvlei,Koelenhof	2013, May 28
	Cleaning and Hygiene Lyndoch&Vlottenbe	2014, Jun 25
	Cleaning and Hygiene Stellenbosch,DuToi	2014, Jun 25
	Cleaning,waste removal at Abbotsdale,Kalb	2015, Feb 17
	Cleaning,waste removal at Malan,Soetendal	2015, Feb 17
	Refuse removal Ysterplaat and Esplanade	2016, Aug 10
INTERWASTE (PTY) LTD	Waste removal	2013, Dec 10	R62,945.69
QAMANI CLEANING & HORTICULTURAL	Cleaning of Tygerberg&Parrow Station	2013, Apr 02	R711,541.86
ZIBELE CLEANING SERVICES	Cleaning,waste removal woodstock,Ystepla	2015, Oct 21	R1,460,493.95
	Cleaning,waste removal Chris hani,Kuyasa	2015, Oct 21
	Cleaning,Horticulture at Goodwood,Elsies	2016, Mar 30
	Cleaning and horticulture Ndabeni,Pinelands	2016, May 04	R194,110.00
	Cleaning and horticulture Athlone, Crawford	2016, Oct 27	R209,999.95
	Cleaning and horticulture Pinelands	2016, Oct 27	R216,000.00
	Horticulture service Khayelitsha SRM	2016, Nov 07	R41,000.00
MYRIAD PROJECT MANAGEMENT	Stations: Cleaning of Langa	2014, Jul 14	R407,000.00
	Cleaning and horticultre Bellville	2016, May 03
NONKUZO TRADING CC	Cleaning and Hygiene Various Cabins WC	2014, Jun 27	R122,500.00
BANTU BUSINESS ACTION	Cleaning,waste removal VlottenburgLyndo	2015, Sep 28	R 539,650.94
	Cleaning,horticulture at Avondale,Ooster	2016, Mar 31
	Cleaning,horticulture at Kapteinsklip	2016, Mar 31
HIRE THINA GENERAL TRADING	Cleaning and horticulture Diep River,Hea	2016, Apr 07	R 476,226.00
	Cleaning and horticulture Retreat,Steenb	2016, Oct 27
INYAMEKO TRADING	Depots: Cleaning of PaardenEiland	2014, Jul 14	R2,399,104.55
	Cleaning,horticulture at Kentamade,Akasi	2016, Mar 30
	Cleaning,horticulture at 0ttery,Southfire	2016, Mar 30
	Cleaning,horticulture at Athlone, Crawford	2016, Mar 31
	Cleaning and Horticulture Langa Station	2016, Jul 26
MBASA CLEANING SERVICES	Cleaning contract Kuislriver,Blackhealth	2013, Jun 13	R 272,000.00
BHUNGANE CLEANNING & CONSTRUCTION	Waste removal Kraaifontein&Brackenfell	2014, Jun 27	R973,940.00
	Cleaning,waste removal Belhar, Unibell	2015, Sep 28
	Cleaning and horticulture Claremont,Harf	2016, Apr 07
	Cleaning and horticulture Belhar,Unibell	2016, Apr 07
	Cleaning and horticulture Mutual,Woltema	2016, Apr 07
	Cleaning and horticultreSteenberg,lakes	2016, May 03
MBAWULETHU MANUFACTURING & PROJECTS	Woodstock,obsevatory, Mowbray	2013, Sep 25	R 1,738,551.74
	Cleaning,horticultureMowbray,Woodstock,	2016, May 10
SUPERCARE SERVICES GROUP (Pty) Ltd	Cleaning and hygiene for Cape Town Stati	2014, Feb 01	R 29,248,102.36
	Cleaning of Cape Town Station	2014, Nov 19
	Waste removal at Cape Town Station	2015, Feb 25
NONDELA GEDEZA INVESTMENTS	Cleaning WC	2014, Jun 27	R2,065,062.18
LASAKA CONSTRUCTION cc	Cleaning of various stations WC	2014, Jun 13	R2,776,510.37
TOP n NOS cc	Cleaning Services Worcester station WC	2014, Oct 03	R1,745,353.50
	Cleaning Services DE AAR Station WC	2014, Oct 03
	Cleaning Services Malmesbury Station WC	2014, Oct 03
	Cleaning,HorticultureRosebank,newlands	2016, Mar 17
	Cleaning at Turn around Station	2016, Aug 01
	Cleaning of trains salt river SRM	2016, Oct 03
TAMMS CLEANING & HORTICULTURAL	Cleaning and Horticulture Maitland Prote	2015, Jan 15	R3,496,416.02
	Cleanin,waste removal at Lavistown,Bonte	2015, Feb 06
	Cleanin,waste removal at Philip,Mandalay	2015, Feb 06
	Cleanin,waste removal at Nolungile,Nokqu	2015, Feb 06
	Horticulture,waste removal khayelitsha	2015, Sep 15
	Horticulture,waste removal Mitchelsplai	2015, Sep 15
	Cleaning at Maitland protection service	2015, Oct 27
	Cleaning,horticulture at Tygerberg, Paro	2016, Mar 30
	Cleaning,horticulture at Nokqubela,Nolun	2016, Mar 30
	Cleaning horticulturetekraaifontein,Eik	2016, May 05
	Cleaning of Kraaifontein,Brackenfell	2016, Oct 07
	Cleaning and horticulture Bellville	2016, Oct 31
	Cleaning,horticulture at Strand,Somerset	2016, Mar 30
	Cleaning horticultureteEerste River,	2016, May 05
NONKUZO HOLDINGS (Pty) Ltd	cleaning horticultureteBlackeath,Melton	2016, May 05	R117,343.95
WASTEBUSTERS CC	Waste removal at Cape town station	2015, Jul 14	R201,561.61
WASTE MART Pty Ltd	Waste removal at various depots	2016, Aug 02	R15,600.00
	Waste removal emptying wheely bins CTN	2016, Sep 08	R74,885.96
GOLELA MULTI- PURPOSE Pty Ltd	Horticulture @ Belhar, Pentech SRM	2016, Nov 09	-

Western Cape Region (Cleaning Cooperatives)

CLEANING COMPANY NAME	STATION NAME	CONTRACT APPOINTMENT	SPENT TO DATE
UNAKO PRIMARY Co-operative Limited	Cooperative Nyanga Station	2015, Oct 29	R544,902.00
KHANYISA SERVICES PRIMARY	Cooperative Heideveld Station	2015, Oct 29	R548,991.90
LITHEMBA PROJECTS Co-operative	Cooperative chrishani station	2015, Oct 30	R520,600.68
LUKHANYO PRIMARYCo-operative	Cooperative Kuyasa Station	2015, Nov 26	R 758,399.68

KwaZuluNatal Region (Cleaning Companies)

CLEANING COMPANY NAME	STATION NAME	CONTRACT APPOINTMENT	SPENT TO DATE
SUPER CLEAN	DURBAN STATION	09 April 2014	R 14 323 260.24
NTABELO	BEREA STATION	20 October 2016	R 10 200 001.03
SIZIMISELE NGOMSEBENZI TRADING CC	BRIDGE CITY	21 September 2016	R 424 561.56
BAMBOO ROCK 1156 CC t/a KUSILE	BRIDGE CITY	01 June 2016	R 253 276.89
SHANELA t/a SUPER CLEAN	CLEANING OF BRIDGE CITY	01 September 2015	R297 413.456
SHANELA t/a SUPER CLEAN	CLEANING OF BRIDGE CITY	01 December 2015	R273 942.00
BIDVEST	CLEANING OF BRIDGE CITY	01 March 2016	R170 963.52

KwaZulu Natal Region (Cleaning Cooperatives)

COOPERATIVE NAME	STATION NAME	SIGNED CONTRACT	PAYMENT TOTAL
SENAMILE UZWANO	Moses Mabhida	17 December 2015	R527 059.20
FORTUNE PRIMARY Co-operation Ltd	KwaMashu	17 December 2015	R605 370.35
EYEMBOKODO MULTIPURPOSE PRIMARY Cooperative Ltd	Tembalihle	17 December 2015	R495 495.20
IYONA YETHU / IMPUMELELO	Duffs Road	17 December 2015	R652 266.07
	Effingham
	Avoca
	Red Hill
	Green Wood Park
	Clairwood
IMPILO IYAZANYWA	Duffs Road	18 December 2015	R405 686.38
	KwaMnyandu
MASAKHANE CLEANING Co-operative	Duffs Road	18 December 2015	R629 659.54
	Congella
	KwaMnyandu
COLLEAGUES Co-operative Ltd Dedicated	Avoca	18 December 2015	R619 661.57
	Red Hill
	Reunion
	Duffs Road
SIBEKITHEMBA Coop	Dalbridge	17 December 2015	R369 894.66
ZIYADUMA PRIMARY Cooperative Ltd	Umbilo	17 December 2015	R399 749.96
WAY FORWARD	Congella	17 December 2015	R635 765.12
	Clairwood
AMANDLOMZAMO	Rossburg	18 December 2015	R370 488.66
INTOKOZO	Merebank	17 December 2015	R429 687.86
THUTHUKA	Amanzimtoti	17 December 2015	R375 734.78
CEBOLETHU PRIMARY Co-operative	Isiphingo	17 December 2015	R496 073.58
OKUSHA PROMARY Cooperative	Winkelspruit	17December 2015	R396 108.16
ILANGELIHLE PRIMARY Co-op	Umlazi	18 December 2015	R472 792.46
HARD WORKESR Cleaning Co-operative Ltd	Lindokuhle	18 December 2015	R684 956.41
	Zwelethu
ZIYENZEKE- OAKLANDS Community Cooperative	Isithundu Hills	17 December 2015	R491 742.06
CIKIZISA	Thornwood	17 December 2016	R389 031.02
SIMAMA Co-operative and Multiservice	Pietermaritzburg	17 December 2015	R571 164.81
SENZAKAHLE	Ladysmith	17 December 2015	R451 578.41
Bambanani	NEWCASTLE	21 December 2015	R391 785.21

Gauteng North Region (Cleaning Companies)

CLEANING COMPANY NAME	STATION NAME	CONTRACT APPOINTMENT	SPENT TO DATE
Risk Release	Pretoria Station	01-Apr-14	R13,640,582.38
Katanga	Watloo station	01-Nov-12	R 5,260,759.89
	Silverton station
	Koedoespoort station
	Haartebeespruit station
	Irene station
	Eersterus station
	Centurion Station
	Denneboom station
Elephante	Walker Street Station	01-Nov-12	R 2,445,501.85
	Devenish station
	Mears station
	Fonteine station
	Pinedene station
	Sportspark station
	Kloofsig station
MarenaNaledi	Capital Park	01-Nov-12	R 3,559,487.10
	Gezina
	Deernes
	Villiera
	Queenswood
	Pretoria West
	Barracks
	TechnikonRaant
	Golf
	Schutte Street
	Rebecca
	Elecktro
	Peirneefsrus
African June	Belle Ombre Station	01-Jun-15	R248,800.00
Marble arch	Mabopane Station	01-Nov-12	R 4,161,348.73
Sikizani	Hercules	01-Nov-12	R 4,292,782.15
	Daspoort
	Mountain View
	Wonderboom
	Pretoria North
	Winternest
	Lynroos
Katanga	Rissik	01-Nov-12	R 537,841.68
	Loftus Versfleldpark
Landelani	Bosman Straat	Dec-13	R381,173.16
	CorDelfos
	Kalafong
Landelani Clean sweap	Belle Ombre	02-Dec-15	R 197,470.94
African June	Polokwane Station	01-Nov-15
Risk Release	Loftus	01-Mar-15	R108,326.30
	Rissik station

Gauteng North Region (Cleaning Cooperatives)

NAME OF CLEANING SERVICE PROVIDER	STATIONS APPOINTED TO CLEAN	DATE OF APPOINTMENT	TOTAL AMOUNT SPEND TO DATE
Predianet	Soshanguve	01-Dec-15	R 417,298.09
Tswelopele (Pfaranani Co-ops)	Akasiboom	01-Dec-15	R 371,187.08
Bokamoso (Brightminds Co-ops)	Kopanong	01-Dec-15	R 509,520.22
Tirisano	Saulsville	01-Dec-15	R 463,409.21
Susivusiwana	EersteFabriek	01-Dec-15	R 509,520.22
SedibasaLefa	Pienaarspoort	01-Dec-15	R 509,520.22

Gauteng South (Cleaning Companies)

NAME OF CLEANING SERVICE PROVIDER	STATIONS APPOINTED TO CLEAN	DATE OF APPOINTMENT	TOTAL AMOUNT SPEND TO DATE	Additional Work
Hugdeck Creations	Denver	01st November 2012	R 2,391,563.10
	Tooronga
	George Cogh
	Cleveland
	President
	Geldenhuis
	Driehoek
Mbita Consulting Services	Vereeniging	01st November 2012	R 44,849,771.23	R 4,316,187.68
	Alloy
	Rendam
	Kookrus
	Meyerton
	Union
	Dallas
	Wattles
	Rand Water
	Henly on Klip
	Daleside
	Kliprivirier
	Angus
	Mpilisweni
	Natalspruit
	Wadeville
	Katlehong
	Doorfontein
	Germiston West
	Germiston South
	India
	Germiston Lake
	Webber
	Parkhill
	Jeppe
	Germiston
Marble Arch Cleaning & Security Services	Braamfontein station	01st November 2012	R31,717,658.58	R3,117,461.06
	Oberholzer
	Mayfair station
	Grosvenor station
	kleingrond
	Braamfonteinmetrorail
	BraamfonteinShosholozameyl
	Anglers
	Laanglagte Station
	Industria station
	Westbury
	Newclare
	Bosmont
	Maraisburg
	Unified
	Floridah station
	Hamberg station
	Georginia
	Roodepoort
	Horizon
	Princess
	Witpoortjie
	Luipaardsvlei
	Lanwen
	Krugersdorp
	Wesrand
	Millsite
	Robinson
	Homelake
	Randfontein
	Westernaria
	Suurbekom
	New Canada station
	Crown
	Orlando
	Village Main
	Kliptown
	Tshiawelo
	central	01st November 2012
	middelvlei
	vleikop			R3,117,461.06
Marble Arch Cleaning & Security Services	welverdin
	Midway
	Nasrec		R31,717,658.58
	Westgate
	Booysens
	Faraday
	Karsene West
	Goudeon
	longdale
	Waterworks
	Benrose

Gauteng South (Cleaning Companies)

NAME OF CLEANING SERVICE PROVIDER	STATIONS APPOINTED TO CLEAN	DATE OF APPOINTMENT	TOTAL AMOUNT SPEND TO DATE
MalehoSpecialised Services	Kaalfontein	November 2015	R 281,284.80
	Oakmoor
	Olifantsfontein
Kgakilwe Trading	Limindlela	November 2015	R 306,600.00
	Birchleigh
	Kempton Park
	Leralla
	Van Riebeeck Park
	Tembisa
Sesiyaya	Isando	November 2015	R 130,371.84
	Rhodesfield
Clearpath	Oos Rand	November 2015	R 291,042.00
	Boksburg
	Boksburg Oos
	Dunswart
Mwelase	Elsburg	November 2015	R 60,175.92
3TK Brothers	Northmead	November 2015	R 315,216.00
	Van Rhyn
	New Kleinfontein
	Alliance
	Apex
	Avenue
	Benoni
	Daveyton
Onkutlwile Enterprise	Brakpan	November 2015	R 195,300.00
	Daggafontein
	New Era
	Nigel
	Pollark Park
	Roadbend
	Schapensrust
	Selpark
	Servaas
Tau li Misana	Delmore	November 2015	R 277,020.00
	Elandsfontein
	Knights
	Ravensklip
	Angelo
Swingsweftly	Kwaggastroom	November 2015	R 327,601.80
	Residensia
	Grasmere
	Midondale
	Anglers
	Lawley
	Houtheuwel
Landelanicleansweap	Lenz	November 2015	R 154,005.87
Kgakilwe	Nancefield	November 2015	R 49,500.00
Tau li Misana	Mlamlankunzi	November 2015	R 30,841.56
M-Cubed	Kroonstad	November 2015	R 240,000.00
	Kimberley

Gauteng South (Cleaning Companies)

NAME OF CLEANING SERVICE PROVIDER	STATIONS APPOINTED TO CLEAN	DATE OF APPOINTMENT	TOTAL AMOUNT SPEND TO DATE
MalehoSpecialised Services		November 2015	R 281,284.80
	Kaalfontein
	Oakmoor
	Olifantsfontein
Kgakilwe Trading	Limindlela	November 2015	R 306,600.00
	Birchleigh
	Kempton Park
	Leralla
	Van Riebeeck Park
	Tembisa
Sesiyaya	Isando	November 2015	R 130,371.84
	Rhodesfield
Clearpath	Oos Rand	November 2015	R 291,042.00
	Boksburg
	Boksburg Oos
	Dunswart
Mwelase	Elsburg	November 2015	R 60,175.92
3TK Brothers	Northmead	November 2015	R 315,216.00
	Van Rhyn
	New Kleinfontein
	Alliance
	Apex
	Avenue
	Benoni
	Daveyton
Onkutlwile Enterprise	Brakpan	November 2015	R 195,300.00
	Daggafontein
	New Era
	Nigel
	Pollark Park
	Roadbend
	Schapensrust
	Selpark
	Servaas
Tau li Misana	Delmore	November 2015	R 277,020.00
	Elandsfontein
	Knights
	Ravensklip
	Angelo
Swingsweftly	Kwaggastroom	November 2015	R 327,601.80
	Residensia
	Grasmere
	Midondale
	Anglers
	Lawley
	Houtheuwel
Landelanicleansweap	Lenz	November 2015	R 154,005.87
Kgakilwe	Nancefield	November 2015	R 49,500.00
Tau li Misana	Mlamlankunzi	November 2015	R 30,841.56
M-Cubed	Kroonstad	November 2015	R 240,000.00
	Kimberley

Gauteng South (Cleaning Companies)

STATIONS APPOINTED TO CLEAN	NAME OF CLEANING SERVICE PROVIDER	DATE OF APPOINTMENT	TOTAL AMOUNT SPEND TO DATE
Kaalfontein	Albenico Holdings	17 August 2016	R 177,691.02
Oakmoor
Olifantsfontein
Limindlela	Ndaba Group	17 August 2016	R 232,950.00
Birchleigh
Kempton Park
Leralla
Van Riebeeck Park
Tembisa
Isando	Broad Edge	17 August 2016	R 134,640.00
Rhodesfield
Oos Rand	Nhlangano JV	17 August 2016	R 230,000.00
Boksburg
Boksburg Oos
Dunswart
Elsburg
Northmead	Fumocrete	17 August 2016	R 175,000.00
Van Rhyn
New Kleinfontein
Alliance
Apex
Avenue
Benoni
Daveyton
Brakpan	ManegarMashamba	17 August 2016	R 210,000.00
Daggafontein
New Era
Nigel
Pollark Park
Roadbend
Schapensrust
Selpark
Servaas
Delmore	Ndaba Group	17 August 2016	R 162,037.04
Elandsfontein
Knights
Ravensklip
Angelo
Springs	KhumoGobatho Trading	17 August 2016	R 79,752.00

Gauteng South Region (Cleaning Cooperatives)

Name of Cooperative	Station Name	Contracted Date	Amount Paid to date
Hamisi Ga batukanaBasika	Ikwezi	November 2015	R 565,928.00
Orange Farm Cultural Initiative	Stretford	November 2015	R 396,583.00
PhambiliBomama Trading Enterprise	Merafe	November 2015	R 565,928.00
Uthando Trading	Naledi	November 2015	R 565,928.00
Galaletsang Primary Cooperative	Naledi Train Yard	November 2015	R 510,928.00
Phakane Transport &Communtiy Projects	Dube	November 2015	R 565,928.00
Masego Trading & Projects	Nhlanzane	November 2015	R 510,939.00
Ikakgeng Multipurpose Cooperative	Lindela	November 2015	R 378,805.05
Parents Power Cooperative	Stretford	November 2015	R 479,204.00
Sivuyile Cooperative	Bloemfontein	November 2015	R 357,538.50
Mantswe A kgakalaMotewana	Phomolong	November 2015	R 565,928.00
Mocheko Projects	Pilot	November 2015	R 393,552.60
Ikhamba Cleaning Services	Eatonside	November 2015	R 348,393.43
PhakamaniMzonsundu Cooperative	Kwesine	November 2015	R 388,828.00
Likhothwayo Cooperative	Phefeni	November 2015	R 510,928.00
NithandaneMakhosikazi	Mzimhlophe	November 2015	R 510,928.00

Reply:

(1) It is anticipated that the establishment of the single KwaZulu-Natal Water Board will be gazetted during the 2017/18 financial year. The establishment will be dependent on the outcome of the due diligence exercise.

(2) Yes, a selection panel will be constituted to recommend the appointment of Board Members for the single KwaZulu-Natal Water Board. The selection panel will be appointed during the 2017/18 financial year.

(3)(a) During the course of the 2017/18 financial year.

(3)(b)(i)During the course of the 2017/18 financial year.

(3)(b)(ii)During the course of the 2017/18 financial year.

---00O00---

Reply:

There is no decision to cancel e-tolling which is part of the User Pay Policy.

It must be noted that the Department will continue implementing the current policy, the “User Pay” which is also a norm in the whole world and will proceed with exploring other infrastructure financing models that would alleviate pressure on the fiscus, but get good level of service of all categories of our road network.

It is not true that the e-tolling of the GFIP is unsuccessful in its implementation, we need to address the issue of civil disobedience and allow law enforcement agencies to play their part.

Reply:

The Department has over the last three financial years received an unqualified audit opinion with a number of emphasis’ of matter. For the 2013/14 financial year the Department emphasis of matter related to:

• Material underspending of R75.4 million (85%) within Programme 3 in respect of Programme Implementation; and
• Material underspending of R25 million (19%) on the Rural Household Infrastructure Grant.
• The department only transferred R106.7 million of the Rural Household Infrastructure Grant in March 2014. A significant portion of this grant was unspent as of 31 March 2014.

For the 2014/15 financial year the Department materially underspent by R49.8 million (29.5%) still within Programme 3: Programme Delivery Support and related to the National Upgrading Support Programme.

For the 2015/16 financial year the Department again received an unqualified audit opinion with an emphasis of matter on material underspending of R45.8 million (27.5%) within Programme 3: Human Settlements Delivery Support which was also related to the National Upgrading Support Programme.

It is important to indicate that the Rural Household Infrastructure Grant was a programme transferred from the then Department of Water Affairs to the Department of Human Settlements during the 2010/11 financial year. The grant funded household infrastructure for provision of sanitation in rural areas for on-site water and sanitation solutions. For the 2013/14 financial the grant was split into an indirect and a direct grant.

As an indirect grant the Department had to appoint service providers. For the 2013/14 financial year the contractors only submitted invoices for work performed at the end of the financial year which were paid for. The appointed contractors could not finalise the implementation of programme on time due to rock formations that delayed work in the affected municipal areas.

The grant and the sanitation function was however transferred back to the newly created Department of Water and Sanitation during the 2014/15 financial year, the controls that were put in place could not be implemented due to the transfer.

The National Upgrading Support Programme is a departmental programme that provides technical assistance to municipalities to develop upgrading strategies, categorize informal settlements and is one of the largest cost drivers within Programme 3 and the biggest contributor to the underspending in the 2015/16 financial year. The National Upgrading Support Programme promotes improved human settlements outcomes in informal settlements through the progressive implementation of the programme in 53 municipalities per year. One of the reasons for under performance was the late approval of plans by municipalities.

Measures taken to ensure that underspending within programme 3 does not recur:

• An implementation plan detailing the methodology in monitoring the performance of the programme in terms of orders issued and progress on work performed has been developed by the Department. The project managers appointed have been put into place to manage the project implementation plans.
• Additional capacity has been appointed to assist with the implementation of the programme.
• This will allow detection of risks on time to assist and timely intervention.
• Monthly progress reports are prepared to update management structures.

Reply:

1. The question must be directed to the Department of Environmental Affairs as the custodian of NEMPA.

2. The Department considered comments and authorisation to be issued by other organs of state in that potential impacts will be constantly monitored and managed in concurrence with other organs of state through prescribed conditions of authorisations and monthly, quarterly to annual reporting by the right holder

3. a)

• None

NB: If the recommendations suggest that the proposed operation will pose unacceptable pollution, ecological degradation or damage to the environment, such a right will not be issued.

4. Not yet commenced, in terms of section 25(b) of the MPRDA Act 28 of 2008, the holder must commence with mining operations within one year from the date on which the mining right becomes effective in terms of section 23 (5) or such extended period as the minister may authorise.

 

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

QUESTION NUMBER: 1808

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 09 September 2016

INTERNAL QUESTION PAPER NUMBER:

1808. Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether Atha-Africa Ventures has been issued with (a) a prospecting and/or (b) mining right and/or permit in Mabola, a proclaimed protected environment area close to Wakkerstroom in the Dr Pixley Ka Isaka Seme Local Municipality in Mpumalanga; if not, what is the position in this regard; if so,

(2) whether the relevant (a) Environmental Impact Assessment and/or (b) Environmental Management Programme was undertaken before the specified rights and/or permits were issued; if not, why not; if so, what were the (i) results of the assessments and/or programmes undertaken and (ii) details of the public participation process followed;

(3) whether the public participation process, as required in terms of the Minerals and Petroleum Resource Development Act, Act 28 of 2002, as amended, and its regulations were complied with in this regard; if not, why not; if so, what are the relevant details? NW2116E

REPLY

1. A Mining Right issued on 28th June 2016.

1. (b) Environment Management Progrmme (EMP) was undertaken.
2. The EMP provided an assessment on the potential impacts of the proposed mining activties, which therefore also provided measures to modify, remedy, control or stop any actions, or process which may cause pollution or degradation to the environment. Measures were informed by recommendations of the specialist reports undertaken amongst others, these includes, Floral assesment specialist report, Fauna assesment specialist report, Wetland assement specialist report, Air quality assement specialist report, Hydrological assesment specilist studies (Ground and surface water).

1. Public participation was undertaken with land owners, Organs of State, Interested and affected parties, through newspaper advertisement, site notices, meetings, distribution of Background information Documents (BID) to both interested and affected parties.

1. Details of public participation undertaken with land owners, Organs of State, Interested and affected parties, through newspaper advertisement, site notices, meetings with minutes, distribution of Background information Documents (BID) to both interested and affected parties. All interested and affected parties, land owners, were provided with opportunity to comment or raise concerns or objections. All comments, concerns and objection were addressed in the EMP in the form of mitigation measures.

Reply:

1.  With reference to her reply to oral question 117 on 24 August 2016, (a) why was the Ministerial Task Team provided with an extension of six months to continue with the forensic investigation of cases reported during the finalisation of the report and (b) have the specified forensic investigations been completed at the end of August?

(a) The Report of the Ministerial Task Team (MTT) indicated that there were 22 cases that still needed to be finalised. In addition to these cases, there were some additional cases that were received while the MTT was busy finalising the report. This necessitated that an extension of six (6) months be granted to the MTT Forensic Team in order to allow them to complete all the investigations and prepare a final forensic report.

(b) The Chairperson of the MTT, Prof J Volmink, has established that due to the mammoth task faced by the forensic team and the complexity of the investigation, it was not possible for this team to finalise its work by the end of August 2016 as was initially anticipated.

The Chairperson requested a further one month extension until 30 September 2016, to allow finalisation of all the cases at hand, as well as the consolidation of the Final Forensic Report. The request is being processed for the Minister’s consideration.

(2) Whether the specified forensic investigation was initially undertaken by Deloitte and Touche SA and now undertaken by the Department of Justice and Correctional Services; if so, why was the decision taken to transfer the forensic investigation from the company to the department?

The Ministerial Task Team comprised of the Chairperson, Prof J Volmink, Independent Educationist, Mr M Gardiner, members from the Department of Public Service and Administration (DPSA); Department of Justice and Correctional Services (DoJ & CS) and Deloitte and Touché SA.

The service of forensic investigation was not transferred. The DoJ & CS and Deloitte worked very closely as members of the MTT. The services of the forensic team from the DoJ & CS have been rendered pro bono, except for the payment of the subsistence and travelling allowances as and when required.

When the extension was granted, it made financial sense to use the human resources from a Government Department to complete the work they have started, as members of the MTT, rather than to enter into a new financially binding contract for another six (6) months.

(3) (a) What amount has been budgeted for the forensic investigation and (b) what is the breakdown of the budget?

(3)(a & b) The breakdown for the forensic investigation is as follows:

Deloitte contract amounted to: R 951 946

Subsistence and Travelling for DoJ & CS R 212 492

Total R 1 164 438

(4) Whether she will make the report, that will be handed over to her at the end of August 2016, available to the public; if not, why not; if so, on what date will she make the specified report available to the public?

(4) The Report of the MTT will be made available to the public after the Minister has received and analysed the Forensic Report.

(5) (a) When was the deadline for provincial departments of education to take action on the identified cases and provide progress reports to her, (b) which of the specified provincial departments have provided her with progress reports and (c) when will the specified progress reports be made available to the public?

(5) (a) The affected Provincial Education Departments (PEDs) were given a period of three (3) months from the 16 August 2016 to complete their work.

(b) None. The PED’s will submit the final report by end of November 2016.

(c) The Minister will determine, after considering the Provincial progress report, whether to make it available to the public.

Reply:

1. Yes, all the except those appointed in recently acting postions CEO’s have signed their performance agreements since their appointments

(a) All CEO’s has signed their performance agreements

(b) Question 1(b) falls of as all CEO’s sign their performance agreements

(c) No action is to be taken since all CEO’s signed their Performance agreements

(d) None as all CEO’s signed their performance agreements

     (i) The last performance assessments of the CEO’s was conducted in 2016

     (ii) The results were that all CEO’s were considered for a performance bonus

2. (a) (b) No, not applicable

3. (a) (b) Yes, all qualifying CEO’s received performance bonuses since their appointments.

All CEOs received performance bonuses at a rate above three(3) out of a five (5) rating scale. The criteria used to determine the performance bonuses was in terms of each entities, performance management system

Reply:

1. SACAA

  (i) The SACAA CEO, Ms P Khoza holds the following qualifications:

1. Bachelor of Management and Advanced Business Programme
2. International Executive Development Programme (Wits and London Business School)
3. Civil Aviation Chief Executive Programme Certificate (Singapore Aviation Academy)

Certificate in Aviation Safety for Directors General (Singapore Aviation Academy in conjuction with ICAO)

Various Civil Aviation Certificates from ICAO and IATA

Certificate in Travel and Tourism

Certificate in Emerging Management Programme

 (ii) Chief Financial Officer (CFO)

The CFO, Mr A Seedat holds the following qualifications:

Bachelor of Commerce – Wits University

Bachelor of Accountancy – Wits University

Executive Development Programme – Wits Business School

CA (SA) – Member of the South African Institute of Chartered Accountants

2. ACSA

  (a) Chief Executive Officer (CEO) – Bongani Maseko

  The table below list the formal qualifications that the Chief Executive Officer, Mr. Bongani Maseko possess.

Formal Qualifications – Qualification Name

Bachelor of Science in Aviation Business Administration

Airport Ground Transportation Planning & Operation

Certificate of Professional Development: Understanding and Calculating Arbitrage Rebate in the Field of Capital Finance and Debt Management

Table 1: Formal Qualifications – CEO (Bongani Maseko)

(b) Chief Financial Officer (CFO) – Maureen Makole Manyama

The table below list the formal qualifications that the Chief Financial Officer, Ms. Maureen Manyama possess.

Formal Qualifications – Qualification Name

Postgraduate Diploma in Integrated Reporting

Master of Business Administration (MBA)

Chartered Accountant (South Africa)

BCom Honours with specialisation in Financial Management Sciences (Taxation)

BCompt Honours Bachelor of Accounting Science

BCom (Accounting)

Certificate in Integrated Financial Reporting Standards (IFRS)

Professional Association Membership

South African Institute of Chartered Accountants (SAICA)

3. SANRAL

Qualifications:

 (a) CEO: Mr Nazir Alli (until 30 September 2016): BSc (Civil Eng) CEng FSAICE MICE FSAAE GradDip Company Direction MInstD

      New CEO from 1 December 2016: Mr Skhumbuzo Macozoma: BSc (Civil Eng) MSc (Civil Eng)

 (b) Acting CEO (current): Mr Jacobus Smit: BSc Eng (Civ) Pr Eng

 (c) CFO: Ms Inge Mulder: BCompt (Hons) CTA CA SA

4. RAF

The formal qualifications are as follows:

(a) CEO of the Road Accident Fund (RAF): MBBCh (Wits) and/or (ii) (not applicable)

(b) CFO of the RAF: BCom (Rand Afrikaans University), B Compt (Hons) (Unisa), B Com (Hons) (University of Pretoria), M Comm (University of Pretoria) and CA(SA)

5. RTMC

  (i) Formal qualification of the CEO are:

     B.Juris and LLB

  (ii) Formal qualification of the CFO are:

    BComm Accounting Sciences

    BCompt Hons (CTA)

    Qualified and registered Chartered Accountant

    SAICA Assessor

    Moderator

6. PORTS REGULATOR OF SOUTH AFRICA

    (i) CEO qualifications: Pr Eng, MSc (Civil Eng), MBA, MSc Development Finance (London), Post Grad Dip Eng, BSc Eng, NDip (Elec Eng)

    (ii) CFO qualifications: Bachelor of Accounting degree from UKZN, Certificate in Risk Management from UNISA, currently enrolled to be an associate      with SAICA

7. C- BRTA

(a) The Chief Executive Officer of the C-BRTA has the following formal qualifications:

• Masters in Management ( Public & Development Management) and B.A Honours

(b) The Chief Financial Officer of the C-BRTA has the following formal qualifications:

• Masters of Business Administration (MBA) and BCom Accounting

8. RSR

(a) CEO Qualifications : BTech in Civil Engineering (NMMU) and National Diploma in Civil Engineering (CPUT)

(b) Acting CFO: BCom and MBA

9. PRASA

(a) The PRASA Acting Group CEO has the following qualifications amongst others:

• BCOM
• Adv Diploma in Central Banking (Institute of Bankers)
• Diploma in Central Banking (Institute of Bankers)
• Diploma in Treasury Management and Trade Finance (institute of Bankers)
• CAIB (SA) – Institute of Bankers
• International Capital Markets Qualification
• (ICMG) –London Securities Institute

(b) The PRASA Chief Financial Officer, Ms Hunadi Manyatsa is a qualified Chartered Accountant (CASA)

10. SAMSA

(a) The Acting CEO has the following qualifications:

1. National Diploma: Mechanical Engineering
2. Certificate in Port Management
3. Certificate in International Maritime Regulations and
4. Advanced Maritime Leaders Programme

(b) CFO has the following qualifications:

1. B Comm degree
2. Postgraduate Diploma in Accounting

11. ATNS

(i) CEO Qualifications:

1. MBA, BEng (Hons) Mechanical Engineering
2. BSc Engineering in Electrical Engineering
3. National Diploma in Electrical Engineering
4. Diploma in Management of ANSP
5. International Executive Development Programme

(ii) CFO has the following Qualifications:

1. CA
2. Global Executive MBA

12. RTIA

(a) Qualifications for the CEO, Mr JR Chuwe:

1. Bachelor of Arts (Law) (University of the Witwatersrand)
2. Bachelor of Arts Honours (University of the Witwatersrand)
3. Programme in Project Management (University of Pretoria)

(b) Qualifications for the CFO, Ms P Moalusi:

1. CA (SA) (2006) (First time pass QE and PPE exams)
2. Higher Diploma in Accounting (2005)
3. BCom Accounting (2004)
4. Duke Board Leadership Course (2015)
5. Financial Modelling Master class Certificate (2009)

Reply:

No one has been suspended pending any investigation. Provincial Education Departments have indicated that there was no need to take such steps. “Precautionary suspension” is an interim measure imposed, not as a disciplinary sanction, but for reasons of orderly administration. The employer must have valid and fair reason for imposing a precautionary suspension or transfer against an educator.

In the case of serious misconduct in terms of Section 17 of the Employment of Educators Act, the employer may suspend the educator on full pay for a maximum period of three (3) months. In the case of misconduct in terms of Section 18 of the same Act, the employer may also suspend an educator in accordance with the procedure contemplated in item 6 (1) of Schedule 2 of the Act or transfer the educator to another post if the employer believes that the presence of the educator may jeopardise any investigation into the alleged misconduct, or endanger the well-being or safety of any person at the work-place.

Reply:

a) Yes, there has been plan already implemented to update the K53 Manual.

b) The Driver Technical Committee which is responsible for all driver related standards, process and procedures is currently finalising the proposals. The review includes updates and improvement which were brought to the attention of the Department by examiners for driving licences, driving school industry and the general public. The review include amongst others reviewing the Code C1 test, to ensure that persons do not choose this code due to the perception that it is easier to obtain unlike EB driving licence, changing of wording to make requirements clearer and amendments yard test sketches.

  (i) The improvement involves all the volumes and has to be published in the Government Gazette first for public comment. Then the comments will have to be reviewed and only then can the manuals be published for commencement. The publication will run in the region of millions, therefore have to be published separately due budget constraints.

  ii) aa) Publication in the Government Gazette and workshops across the country will be conducted.

  (bb) During publication and the workshops

  (iii) Department of Transport, the nine provinces and the members of the Driver Technical Committee, driving schools industry, instructors and any interested party.

Reply:

(a) Members of the Traffic Legislation Technical Committee from the National Department of Transport and Provincial Departments have the required expertise in road traffic related issues and the required qualifications including experience to draft and amend legislation.

(b) The Vehicle Technical Committee, Driving Licence Technical Committee and the Abnormal Load Technical Committee and other working groups which are formed on an ad hoc basis for a particular purpose as the need arises, make recommendations to the Traffic Legislation Technical Committee which is the main Committee.

Reply:

a) The National Road Traffic Act does not prohibits the use of photo services within the premises of a Driving License Testing Centre.

b) The services has been operating since the February 2016

c) In terms of the information received from the Province the arrangement is being piloted to ensure that the services relating to the applications for driving licenses be improved. Due to the fact that in some instances applicants come to the centre without photos and they will be required to obtain photos wherein in some instances the available places are far from the centre..

   (i) The arrangement was concluded between the Ekurhuleni Demilitarization Office to provide employment to the unemployed military veterans of all formations.

   (ii) There none.

d) (i) There is no arrangement for payment in the provision of the service

    (ii) Falls away.

Reply:

1. The National Prosecuting Authority has informed me that the detailed reasons for court hours declining by 7%, are as follows: The NPA had indicated in the Annual Report that an analysis of the court time spent on criminal matters in court, was conducted. More court days are being utilised as shown by the increase of 3.5%. However, the efficient use of those increased days is not reflected in the actual court hours used for criminal cases, which impedes all attempts to ensure speedy justice. The average court hours fell by 7.0% from an average of 3h31 maintained during 2014/15 to 3h16 during 2015/16. A total of 32 863:49 hours were lost compared to the previous reporting period.

Table 4: Progress on criminal court hours

FORUM	AVE HOURS 2014/15	Total Court Hours	AVE HOURS 2015/16	Total Court Hours	Progress
HIGH COURT	03:04	25798:15	02:48	26976:20	-8,7%
REGIONAL COURT	03:38	260785:48	03:26	254333:54	-5,2%
DISTRICT COURT	03:29	590284:31	03:13	562694:30	-7,7%
ALL	03:31	876868:34	03:16	844 004:44	-7.0%

Unfortunately, the NPA does not record the reasons for loss of court hours and it does not reflect all court hours as only criminal court hours are recorded. The judiciary are keeping record of the hours as well as the reasons for loss of hours and these are discussed at case flow management meetings where problems in this regard are being addressed.

2) In the Annual Report, the NPA indicated that the effective performance of the NPA is directly linked to the effective performance of the other role players within the criminal justice system. Ensuring that cases proceed when they are set down for trial remains a primary challenge that the system has not adequately addressed. The implementation of pre-trial hearings identified by the NPA, Legal Aid South Africa and the Office of the Chief Justice as one of the solutions to prevent remands of trial ready cases has been slow in gaining traction, particularly in the lower courts. This has been compounded by the placing of too few trial cases on the court rolls, resulting in wasted court hours. The norms and standards issued by the Chief Justice have not yet led to increased court hours. Inadequacies of role-players in the system remain a concern as they impact on the finalisation of case. However, these are monitored and reported at the Provincial Efficiency Enhancement Committee (PEEC) meetings, which are chaired by the Judges President of every province.

3) This is partly answered by the paragraphs under answer (2) above, particularly with regard to the need for pre-trial hearings and the placing of sufficient trial cases on the court rolls.

Reply:

(a) Finalization rates’ relate to criminal investigations, which are not conducted by the AFU but by the DPCI (ACTT) and SAPS.

(b) I have been informed by the National Prosecuting Authority, that during the period under review, the Assets Forfeiture Unit (AFU) had undertaken to prioritize the finalization of a large number of freezing orders in terms of Chapter 5 of the Prevention of Organized Crime Act (POCA). The said cases were to be obtained from several complex high value cases that were being investigated by the Anti-Corruption Task Team (ACTT). As a result of the delays in the finalization of the several investigations at the ACTT, no freezing orders could be secured in respect of those specific cases, hence the decline in the freezing orders for the period.

I have further been informed that due to severe investigative capacity constraints, several freezing orders which were prioritized in terms of Chapter 6 of POCA, could not be finalized.

Reply:

(a) Yes. The purpose of the meeting was to reflect on a rapidly unfolding degenerating situation at institutions of higher learning as a direct result of the violence that had erupted during the protestation against the high cost of accessing higher education and the call for free education under the umbrella of the “Fees must fall” campaign. It was deemed prudent to return the appropriate State intervention to stabilise the situation as busses were burning, shops were being looted, streets were barricaded, buildings and vehicles were being vandalised and harm was inflicted on persons.

(b) No. The President had been apprised of the impending prosecution days before this meeting. It was hence not necessary to discuss the matter. The matter nevertheless had no bearing on the agenda of the meeting and was never raised nor discussed at all.

(c) It was an emergency meeting called by His Excellency, the Honourable President, who invited Ministers of the Justice, Crime, Prevention & Security Cluster. The President was leaving the country later that day. The location was most convenient, as most of the members of the executive who attended the meeting were already at the venue for other commitments. Due to the urgency of the situation the meeting thus took place at this venue.

Reply:

Regarding the Organised crime

The organised crime statistics reflected relate to those cases within the ambit of the Organised Crime component. The NPA does not intend to measure the crime but rather the effectiveness and performance of the components dealing with the more serious and complicated cases of organised crime. The focus of this component includes:

• Bank robberies, cash-in-transit heists, car and truck hijacking; business robberies, syndicate house robberies and ATM attacks;
• Trafficking in Precious Metals, and Diamonds;
• Non- Ferrous metals; (SEC 3 OF ACT 18 OF 2015 - Offence relating to essential infrastructure)
• Endangered species;
• Drug trafficking;
• Human Trafficking;
• Gang related matters under POCA;
• Racketeering and money laundering offences;
• Any other investigations referred to OCIU by SAPS management

Regarding the House Robberies

Investigations on house robberies, similar to most other serious crimes, take some time to finalise and then also take quite a substantial time to be finalised once the trial has started. On average, these cases last between 12 to 24 months to be finalised. If there is an increase of these cases during the 2016/17 financial year, this will only reflect from the following year in the court performance data. NPA performance on house robberies finalised during 2015/16 was in line with the trend by the SAPS as reflected during their 2014/15 financial year, which has in fact shown a decline for the previous three successive years. The following is an extract from the SAPS Annual Report information for 2014/15:

											15	Comparison 2013-2014 with 2014-2015
	Province	April 2005 to March 2006	April 2006 to March 2007	April 2007 to March 2008	April 2008 to March 2009	April 2009 to March 2010	April 2010 to March 2011	April 2011 to March 2012	April 2012 to March 2013	April 2013 to March 2014	April 2014 to March 2015	Case Diff	% Change	% Contribution
1	Gauteng	74990	67643	63559	68961	74429	70447	64475	68296	67988	66172	-1816	-2,7%	26,1%
2	Western Cape	40837	43011	42239	42792	43171	43685	44494	49509	50503	47783	-2720	-5,4%	18,8%
3	KwaZulu-Natal	40631	39486	36898	37515	40231	39439	41010	45404	43969	43274	-695	-1,6%	17,1%
4	Eastern Cape	32978	31421	29346	28380	28233	27086	26825	25782	24643	24329	-314	-1,3%	9,6%
5	Mpumalanga	20305	19444	18785	19766	19206	18026	18117	18777	18489	18183	-306	-1,7%	7,2%
6	Limpopo	12768	12346	11790	12332	13936	13376	15225	14851	16477	16466	-11	-0,1%	6,5%
7	North West	15463	13684	13576	14277	14859	14740	14569	15705	15388	15687	299	1,9%	6,2%
8	Free State	17353	15939	15545	16040	15682	14828	15101	17284	16314	15618	-696	-4,3%	6,2%
9	Northern Cape	6078	5488	4900	5402	5531	4985	4851	5711	6013	6204	191	3,2%	2,4%
	South Africa	261402	248462	236638	245465	255278	246612	244667	261319	259784	253716	-6068	-2,3%

Reply:

1) A. Mr Kgomotso Letoaba.

2a.(ii) Yes. This was effected in accordance with the Foreign Service dispensation as determined by the Department of Public Service and Administration (DPSA).

2(aa). CHF 5 229..42 (once off)

2(bb). As above

2b. There was no need to procure new office furniture for the new Attaché. The furniture currently being used by the new attaché is the same used by the previous Attaché. There are therefore no costs associated with the matter.

Reply:

(1)(a) The National Prosecuting Authority calculates its general conviction rates and crime specific conviction rates on the basis of verdict cases. (b) It is calculated in terms of the percentage of cases finalised with a verdict in which a guilty verdict was obtained.

The percentage is determined by taking the cases finalised with a guilty verdict (including Section 57A of the Criminal Procedure Act, 1977) divided by the total number of cases finalised with a verdict. In the case of convictions these are only measured at the date of sentencing, while in the case of not-guilty verdicts these cases will be counted on the date of such verdict (i.e. only finalised cases are measured).

The reply to question 2 (a) on the total number of cases that (i) were withdrawn in each region in the specified financial year and (ii) were re-enrolled in the 2016/17 financial year and (b) what are the relevant details in each case, are explained below.

The table below sets out the number of cases withdrawn per region, per forum. The figures show the Serious Commercial Crimes Unit (SCCU) cases separately from the other regional courts. I am further informed that the National Prosecuting Authority (NPA) does not keep details of re-enrolments (these are new court cases) and is unable to supply the details of each case.

FINANCIAL YEAR	DIVISION	District Courts	Regional Courts	SCCU	High Courts	TOTAL
2015/2016	ECD	10877	1094	4	5	11980
2015/2016	ECD Mthatha	1386	279	0	6	1671
2015/2016	FSD	5053	931	20	9	6013
2015/2016	KZND	20641	2160	55	11	22867
2015/2016	NCD	2809	281	0	3	3093
2015/2016	NGD	17621	2719	63	6	20409
2015/2016	NWD	2702	711	0	0	3413
2015/2016	SGD	6096	1807	80	9	7992
2015/2016	WCD	27934	2000	24	5	29963
2015/2016 Total		95119	11982	246	54	107401

Reply:

1. The escapee has not yet been rearrested.

(1)(a)(b) The Department of Correctional Services in conjunction with the SAPS are currently following up on all possible leads to affect the re-arrest of the escapee and will do everything possible to ensure his re-arrest as soon as possible.

2. Yes. The two (2) officials who were on guard, are currently on suspension pending the finalization of the investigation.

3. (a) (i) The following inmates attempted to escape from medical facilities outside of their detention facilities over the past 5 years:

Year	Name of medical facility	Date of attempted escape	Number of attempted escapees
2012/2013	Nil
2013/2014	Nil
2014/2015	Katleho Hospital	18/01/2015	1
2015/2016	Tambo Memorial Hospital	01/08/2015	1
	Mohau Hospital	05/11/2015	1
2016/2017	Nil

(3)(a)(ii)&(b)(c) The following inmates succeeded to escape from medical facilities outside of their detention facilities over the past 5 years:

Year	Name of medical facility	Date of escape	Number of escapees	Date rearrested	Disciplinary action against officials
2012/2013	Tambo Memorial Hospital	17/12/2013	1	24/12/2013	A sanction of two (2) month salary suspension was implemented against 2 officials.
2013/2014	Victoria Public Hospital	03/03/2014	1	03/03/2014	One official received a final written warning.
2014/2015	Barberton General Hospital	01/05/2014	1	01/05/2014	Sanction of Final Written Warning against 2 officials.
	Baragwanath Hospital	27/08/2014	1	13/06/2015	One (1) official was dismissed.
	Kimberley hospital	02/11/2014	1	Still at large	One (1) official was suspended for 3 months without salary.
2015/2016	Worcester hospital	02/06/2015	1	06/06/2015	Two (2) officials were charged. Each received a final written warning.
	King Edward hospital	17/07/2015	1	Still at large	Sanctions instituted against one (1) official (1 month suspension with no salary).
2016/2017	George Mukhari hospital	01/05/2016	1	08/05/2016	The official was criminally charged for aiding an escape.
	Tshepong hospital	13/06/2016	1	Still at large	Disciplinary actions are instituted against correctional officials who were on guard but not finalised.
	Nelson Mandela Academic hospital	13/09/2016	1	Still at large	Investigation not finalised.
	SANTA hospital	19/10/2016	1	Still at large	Investigation still in process.
	Victoria Public hospital	31/10-2016	1	Still at large	Investigation still in process.

Reply:

I wish to inform the Honourable Member that I have received the following information from the National Prosecuting Authority:

VACANCY RATES as on 30 September 2016

Overall vacancy per business unit:

COMPONENT NAME	TOTAL	FILLED	VACANT	VACANCY RATE
Assets Forfeiture Unit (AFU)	165	131	34	20.7
Sexual Offences and Community Affairs (SOCA)	220	155	65	29.5
Specialised Commercial Crimes Unit (SCCU)	190	165	25	13.2
Office of Witness Protection (OWP)	164	153	11	6.8
Priority Crimes Litigation Unit (PCLU)	7	4	3	42.9
Corporate Services	501	385	116	23.2
TOTAL	1247	993	254	20.4

Vacancy Rate per Division – Prosecutions

TOTAL NO OF FILLED, VACANT AND VACANCY RATE National Prosecution Service (NPS)
REGION	TOTAL	FILLED	VACANT	VACANCY RATE
NORTH GAUTENG	512	428	84	16.4
SOUTH GAUTENG	545	480	65	12
NORTH WEST	201	189	12	6
LIMPOPO	305	253	52	17
MPUMALANGA	243	191	52	21.4
EASTERN CAPE	416	366	50	12
MTHATHA	203	168	35	17.2
WESTERN CAPE	633	575	58	9.2
NORTHERN CAPE	176	148	28	16
FREE STATE	290	255	35	12
KwaZulu-Natal	722	621	101	14
NPS (Head Office)	52	50	2	3.8
TOTAL	4298	3724	574	13.4

Reply:

1. During the 2015/16 financial year, 2 369 persons who were charged with a variety of criminal offences, were referred for psychiatric evaluation by the courts, according to the records held at the Department of Health in this regard.

2. Yes. There appears to be a very small increase in the number of persons (namely 4 more persons) that were charged and referred for psychiatric evaluation in the 2015/16 financial year compared to the previous 2014/15 financial year, where 2 365 persons were referred for psychiatric evaluation, according to the records held at the Department of Health in this regard. The number of persons that are charged and referred for psychiatric evaluation by the courts may differ from year to year as it is dependent on the assessments made by the courts as to whether there is a need for such referral for psychiatric evaluation.

Reply:

Number of case backlogs

The target on the number of backlog cases in the Lower courts falls within the ambit of DOJ&CD annual plan whilst the target on the backlog cases of the high courts were assigned to the OCJ. Since prosecutors have an important role to play in the speedy finalisation of cases, the number of backlog cases is still monitored and measured within the lower level annual plans.

The high courts managed a reduction of 12% but an increase is noted in both lower court forums.

The overall progress is indicated below:

Table21: Progress on case backlogs

FORUM	2014/15	% of National	2015/16	% of National	Progress
HIGH COURT	216	0,8%	190	0,7%	-12,0%
REGIONAL COURT	14 106	52,5%	14 485	48,9%	2,7%
DISTRICT COURT	12 572	46,7%	14 924	50,4%	18,7%
ALL	26 894	100,0%	29 599	100,0%	10,1%

A corresponding increase of 7.9% is noted in the number of outstanding cases carried forward to the next financial year. However, notwithstanding the reduction in backlog cases the number of outstanding cases increased in the high courts. An increase of 11.6% is also noted in the district courts. The regional courts indicated a reduction in outstanding roll.

Table 19: Progress on outstanding cases

FORUM	2014/15	% of National	2015/16	% of National	Progress
HIGH COURT	817	0,5%	892	0,5%	9,2%
REGIONAL COURT	41 895	24,4%	40 291	21,8%	-3,8%
DISTRICT COURT	128 996	75,1%	144 019	77,8%	11,6%
ALL	171 708	100,0%	185 202	100,0%	7,9%

Case backlogs and backlog project

The Justice, Crime Prevention and Security Cluster (JCPS) departments have introduced various interventions to deal with the case backlogs. In this regard a specific Case Backlog Reduction Project was implemented in November 2006 with the regional courts as the main focus area. Backlog cases are viewed as all those cases longer than 6 months on the district court roll, 9 months on the regional court roll and 12 months on the High Court roll. The Case Backlog Reduction Project assists regional and district court centres in identified priority areas country-wide that require focused attention. The project’s aim is to ensure that the inflow of new cases is balanced by the number of matters concluded and that matters are finalised more speedily.

This intervention led to the establishment of more than 50 additional regional backlog courts, through the appointment of additional regional court magistrates, clerks, prosecutors, interpreters and legal aid lawyers on contract. The number has fluctuated since then as courts were closed or shifted to other areas once the backlog was dealt with. After an investigation into the performance of the district courts, several high priority district backlog courts were also established since April 2010 and these courts have made a tremendous contribution to the overall success of the project.

The Department of Justice and Constitutional Development has consequently converted some backlog courts to permanent courts. The remaining courts will continue until they are converted, closed or shifted to another area.

During 2015/16, there were 27 approved regional and 25 district backlog courts. The district backlog courts excelled during 2015/16 by finalising a total of 14 711 cases comprising 10 525 verdict cases with a conviction rate of 95.3% and 4 186 ADRM cases. This represents a finalisation rate of 3.8 cases per court, per day. The regional backlog courts finalised a total of 2 421 cases comprising 2 363 verdict cases with a conviction rate of 75.2% and 58 ADRM cases. This represents a finalisation rate of 0.6 cases per court, per day.

The increase number of trials finalised in the high court had a positive impact on the reduction of percentage backlog cases, from 26.4% during 2014/15 to 21.3% in 2015/16.

Reply:

I regularly meet with Ministers to discuss maters pertinent to their portfolios. Cabinet, which I chair and lead, discussed the SABC matter and pronounced itself strongly on what needs to be done to bring the entity on the right path. The Minister is a member of cabinet and is aware of the discussions and is bound by them as well.

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

Reply:

The matters referred to in the question are subject of litigation before the courts of law. As such, I am not in a position at this stage to reply to the question.

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

Reply:

1. The question must be directed to the Department of Environmental Affairs as the custodian of NEMPA.

2. The Department considered comments and authorisation to be issued by other organs of state in that potential impacts will be constantly monitored and managed in concurrence with other organs of state through prescribed conditions of authorisations and monthly, quarterly to annual reporting by the right holder.

3. a)
• None

NB: If the recommendations suggest that the proposed operation will pose unacceptable pollution, ecological degradation or damage to the environment. such a right will not be issued.

4. Not yet commenced, in terms of section 25(b) of the MPRDA Act 28 of 2008, the holder must commence with mining operations within one year from the date on which the mining right becomes effective in terms of section 23 (5) or such extended period as the Minister may authorise.
 

Mr MJ Zwane, MP
Minister of Mineral Resources
Date Submitted:-..... . ........ ... ./. ... .... ......... ./2016


QUESTION NUMBER: 1808

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 09 September 2016

INTERNAL QUESTION PAPER NUMBER:

1808. Adv H C Schmidt (DA) to ask the Minister of Mineral Resources:

(1) Whether Atha-Africa Ventures has been issued with (a) a prospecting and/or (b) mining right and/or permit in Mabola, a proclaimed protected environment area close to Wakkerstroom in the Dr Pixley Ka lsaka Seme Local Municipality in Mpumalanga; if not, what is the position in this regard; if so,

(2) whether the relevant (a) Environmental Impact Assessment and/or (b) Environmental Management Programme was undertaken before the specified rights and/or permits were issued; if not, why not; if so, what were the (i) results of the assessments and/or programmes undertaken and (ii) details of the public participation process followed ;

(3) whether the public participation process, as required in terms of the Minerals and Petroleum Resource Development Act, Act 28 of 2002, as amended, and its regulations were complied with in this regard; if not, why not; if so, what are the relevant details? NW2116E

REPLY

1) A Mining Right issued on 28th June 2016.

2) (b) Environment Management Progrmme (EMP) was undertaken.

i) The EMP provided an assessment on the potential impacts of the proposed mining activities, which therefore also provided measures to modify, remedy, control or stop any actions, or process which may cause pollution or degradation to the environment. Measures were informed by recommendations of the specialist reports undertaken amongst others, Floral assessment specialist report, Fauna assessment specialist report, Wetland assessment specialist report, Air quality assessment specialist report, Hydrological assessment specialist studies (Ground and surface water).

ii) Public participation was undertaken with land owners, Organs of State, Interested and affected parties, through newspaper advertisement, site notices, meetings, distribution of Background Information Documents (BID) to both interested and affected parties.

3) Details of public participation undertaken with land owners, Organs of State, interested and affected parties, through newspaper advertisement, site notices, meetings with minutes, distribution of Background Information Documents (BID) to both interested and affected parties. All interested and affected parties, land owners, were provided with opportunity to comment or raise concerns or objections.

All comments, concerns and objection were addressed in the EMP in the form of mitigation measures.

Reply:

The question pertains to matters that are either before courts and/or are subject to other legal processes. I am therefore unable to answer the question until the said processes have been concluded.

Reply:

1. Transnet has used The Oyster Box Hotel in Durban for accommodation and conferencing, in the past.

2. The services were sourced in line with Transnet’s normal and approved processs for conferencing and accommodation.

(3) (a)(i) There is no requirement for Transnet to determine directorships of each hotel they use in executing the duties. Transnet is a state owned company and it does not use specific hotels.

(b) Transnet is not in a position to provide commentary on the status of directors of any hotel.

(4) (a) The Oyster Box Hotel provides accomodation, restaurant and conference services. It would be paid by the travel agency.

    (b) The amount Transnet paid in the current financial year was R13 500 (thirteen thousand five hundred rand). Over the past 15 years Transnet has paid R351 335 (three hundred and fifty one thousand three hundred and thirty five rand) for services rendered to Transnet.

Reply:

I obtained a loan from VBS Mutual Bank and met the obligation of paying R7 814 1550.00 as ordered by the Constitutional Court of South Africa, in respect of the security upgrades at my private residence in Nkandla. The banker-client relationship is governed by the private law of contract. In this regard, we should all abide by the letter of the law and not interfere with this contractual relationship as enshrined in legislation passed by our parliament.

Reply:

Refer to Annexure A for the internal and/or external forensic report pertaining to my Department and each entity.

---00O00---

Annexure A

Entity	(a)(ii)	(b) (ii)	(aa)	(bb)	(cc)
Department:	Yes 245 internal reports	Yes 28 external reports	Refer to Appendix A & B	Refer to Appendix A & B	Refer to Appendix A & B
Amatola Water	None	None	None	None	None
Bloem Water	None	None	None	None	None
Lepelle Northern Water	None	None	None	None	None
Magalies Water	None	None	None	None	None
Mhlathuze Water	1 internal forensic report	1 external forensic report	Dukuduku Report (internal forensic report) ENS Report(external forensic report)	Allegations of Financial Misconduct relating to the Dukuduku project (internal) Forensic Investigation Relating to allegations of misconduct by the Chief Executive Officer(external)	2014 (internal) November 2015(external)
Overberg Water	Forensic Investigation into alleged irregularities relating to non-compliance with corporate governance norms and standards and other related irregularities	None	GFIA report	Forensic Investigations	19 July 2016

Rand Water	Rand Water completed all material internal forensic investigations reports from 1 January 2009 up to the latest date for which information is available and reported in the integrated annual reports for the same period and duly submitted to the Department of Water and Sanitation.	Rand Water completed all material external forensic investigation reports from 1 January 2009 up to the latest date for which information is available and reported in the integrated annual reports for the same period and duly submitted to the Department of Water and Sanitation.	Internal and External Forensic Investigation reports	Forensic Investigations	June 2009; June 2010; June 2011; June 2012; June 2013; June 2014; June 2015; and June 2016
Sedibeng Water	None	None	None	None	None
Umgeni Water	None	None	None	None	None.
WRC	None	The WRC had one forensic audit completed from 2009 until now. The information is available	Forensic Investigations: Bony Isaacs Productions	An investigation into the relationship between a service provider and employee which concluded in a disciplinary hearing.	15/07/2010
TCTA	See Appendix C	See Appendix C	See Appendix C	See Appendix C	See Annexure C

Appendix B

External Forensic Reports

No	Name (aa)	Case reference number	Subject matter (bb)	Date of Conclusion (cc)
1	GFIA report	99 20090519 101924	Alleged reckless driving	01 July 2011
2	GFIA report	9920091207030721	Procurement irregularities	01 July 2011
3	GFIA report	9920100409113046	Alleged Procurement Irregularities	01 July 2011
4	GFIA report	9920100512023430	Alleged Unethical Behaviour	01 July 2011
5	GFIA report	9920100616060609	Alleged abuse of Government Owned Vehicle	01 July 2011
6	GFIA report	3/6/3/2/1/0910/1	Fraudulent Actions Licences	01 July 2011
7	GFIA report	3/6/3/2/1/0910/2	Labour Relations Concerns	01 July 2011
8	GFIA report	3/6/3/2/1/0910/4	Altering of water course	01 July 2011
9	GFIA report	3/6/3/2/1/0910/19	Procurement Irregularities	01 July 2011
10	GFIA report	3/6/3/2/1/1011/1	Corruption Allegations	01 July 2011
11	GFIA report	3/6/3/2/1/1011/2	Theft of Government Goods	01 July 2011
12	GFIA report	99 20090420022811	Alleged corruption at Head Office	01 July 2011
13	GFIA report	99 20090824095823	Alleged nepotism at Vaal Dam	01 July 2011
14	GFIA report	99 20090304091333	Alleged theft of water at Clan William	01 July 2011
15	GFIA report	9 920 091 207 030 720	Investigation into the alleged procurement irregularities	01 July 2011
16	GFIA report	3/6/3/2/1(1/2009)	Fraudulent Actions Licences at Gauteng Region	01 July 2011
17	GFIA report	99 20090504021341	Investigation into the alleged corruption at Nelspruit	01 July 2011
18	GFIA report	99 20091124085637	Alleged corruption at Nelspruit	01 July 2011
19	GFIA report	3/6/3/2/1/1011/5	Concerns regarding the Harties Metsi A me Program	01 July 2011
20	GFIA report	99 20091014014052	Investigation into the alleged unethical behaviour at Hartbeespoort Dam	01 July 2011
21	GFIA report	99 20080331102532	Theft of Government property	01 July 2011
22	GFIA report	9920091020083109	Investigation into the alleged procurement Irregularities at Gauteng Region	01 July 2011
23	GFIA report	99 20090324094011	Alleged procurement irregularities at Head Office	01 July 2011
24	GFIA report	3/6/3/2/1/1112/21	Investigation into the alleged abuse of vehicles	01 July 2014
25	GFIA report	3/6/3/2/1/1011/9	Alleged Corruption and pipe failures Nandoni and Inyaka Dam In-house	22 Nov 2010
26	PWC report	3/6/3/2/1/1415/12	Investigation to determine the extent of fraudulent activities within Financial Management	15 Dec 2014
27	PWC report	3/6/3/2/1/1516/13	Investigation into the management of construction equipment	11 May 2016
28	Mazar Forensic Report	3/6/3/2/1/1516/18	Investigation into the alleged fraudulent activities and theft of mobile device	30 May 2016

Appendix C

TCTA Internal Investigations:

Financial Year	Subject Matter of Forensic Report	Date of Conclusion
2008/2009	CEO’s Salary (Ms Mthembu) –; Cell phone Allowance –; Mr. Tutu Maluleke’s Incident and Ms Halima Nazeer’s incident – ; COO’s travel costs for study purposes – ; Transgression of FICA requirements – ; CFO’s invitation to Spa –.	14 May 2009
2009/2010	Chief Treasury Dealer has been appointed without the correct qualifications for the job Non-compliance with company procedures by head of communications	03 July 2009 03 May 2010
2010/2011	1. The purchase of 300 Bafana Bafana soccer jerseys. 2. Allegation regarding the COO rarely being in office and incurring large unjustifiable cost to TCTA.	28 June 2010 17 June 2010
2012/2013	1.Investigation into allegations of irregularities raised against a senior staff member (PwC) 2.Procurement Review (Independent Consultant)	06 June 2012 4 December 2012
2013/2014	Suspected Sick Leave Abuse Procurement of Site Vehicles Investigation Irregularities involving TCTA cell phone contracts (PwC)	13 May 2013 30 May 2013 14 May 2013
2014/2015	1. Unaccounted Tender Fees 2. Asset Verification (SnG) 3. Investigation into SED Projects for the Financial Year (PwC)	1 June 2014 30 June 2014 29 August 2014
2016/2017	1. Alleged Irregular executive appointments 2. Alleged Theft of Company Assets (SnG)	31 August 2016 27 July 2016