Questions and Replies

17 November 2016 - NW2173

Maimane, Mr MA to ask the President of the Republic

Whether, in light of Minister Radebe’s recent briefing on Cabinet’s decision advising the SA Broadcasting Corporation (SABC) against suspect legal interpretations, he has now met with the Minister of Communications, Ms A F Muthambi, to discuss the (a) redeployment of the former Chief Operations Officer of the SABC, Mr H Motsoeneng, to the position of Group Executive of Corporate Affairs and (b) current affairs of the SABC; if not, in each case, why not; if so, what was the (i) date and (ii) content of each such meeting?

Source
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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.

16 November 2016 - NW2376

Mulder, Dr CP to ask the Minister of Public Enterprises

(1) What is the nature of Transnet’s relationship with a certain company (Oyster Box); (2) Whether the company was appointed to provide services without going through the normal acquisition and/or tender procedures; if not, what procedure was followed; if so, (a) why and (b) what is the legal basis for the acquisition procedure without a tender; (3) (a) who were the (i) directors and (ii) shareholders of the company at the time of contracting and (b) what is the current status of the directors and shareholders; (4) Whether the company has been paid for services provided; if not, why were the services of the company contracted at all; if so, what are (a) the nature of the services and (b) relevant amounts paid? NW2719E

Source
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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.

16 November 2016 - NW2503

Lekota, Mr M to ask the President of the Republic

(1) Whether, in light of the powers vested in him by section 91 of the Constitution of the Republic of South Africa, 1996, to appoint Ministers, he took any steps in respect of Ms Vytjie Mentor informing him that she was offered a Cabinet position of Minister of Public Enterprises by the Gupta brothers in return for dropping the SA Airways route to India upon her appointment as Minister; if not, why not; if so, (2) whether he reported the matter to the SA Police Service in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004; if not, why not; if so, what are the relevant details in this regard?

Source
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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.

16 November 2016 - NW2231

Lorimer, Mr JR to ask the Minister of Mineral Resources

(1) Whether, with reference to his reply to question 1808 on 27 September 2016, the area of the intended Yzermyn underground coal mine is protected under the National Environmental Management: Protected Areas Act, Act 57 of 2003, as amended; if so, what are the relevant details; (2) why was a mining right for the specified mine issued on 28 June 2016, despite the recommendation contained in the biodiversity baseline and impact assessment report compiled for WSP Environmental by the Natural Scientific Services that the specified mining right should not be issued due to the impacts of the proposed mining project; (3) (a) how many mining rights have been issued in each province for the specified mining projects where environmental impact reports recommended against the issuing of such rights (i) in the (aa) 2013-14, (bb) 2014-15 and (cc) 2015-16 financial years and (ii) since 1 April 2016 and (b) what are the (i) names of the mining projects and (ii) dates on which the specified rights were issued; (4) whether mining has commenced at the mining site; if not, on what date will it commence; if so, on what date did it commence? NW2561E

Source
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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.

16 November 2016 - NW2505

Carter, Ms D to ask the President of the Republic

With reference to his reply to oral question 1 in the National Council of Provinces on 25 October 2016, and taking into consideration the transcripts of the question and answer session he held with the former Public Protector during her investigations in respect of the State of Capture report, (a) why did it take him seven months to respond to the questions posed by the former Public Protector and (b) why did he not answer the questions on the allegations levelled against him? (2) whether he reported the matter to the SA Police Service in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004; if not, why not; if so, what are the relevant details in this regard?

Source
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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.

16 November 2016 - NW2175

Gqada, Ms T to ask the President of the Republic

(1)Whether (a) he and/or (b) his legal team held any meetings with the (i) Board and/or (ii) Chief Executive Officer of the Ingonyama Trust since 27 June 2016; if not, what is the position in this regard; if so, what were the (aa) reasons for and (bb) content of each such meeting; (2) whether (a) he and/or (b) his legal team held any meetings with the (i) Board, (ii) Chief Executive Officer and/or (iii) Chief Operating Officer of the VBS Mutual Bank since 27 June 2016; if not, what is the position in this regard; if so, what are the relevant details of each such meeting held?

Source
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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.

16 November 2016 - NW1484

Waters, Mr M to ask the President of the Republic

(1) Whether he (a) enquired, (b) planned and/or (c) partook in any discussions regarding the alleged activities of security services regarding the (i) Association of Mineworkers and Construction Union and the establishment of the Workers’ Association Union and/or (ii) collection of evidence relating to the mandate of the Seriti Commission by the Special Operations Unit in Europe following the establishment of the specified commission (details furnished); if not, what is the position in this regard; if so, (aa) in which way and (bb) to what extent was he involved in this regard; (2) Whether (a) he and/or (b) The Presidency received a report from the Special Operations Unit relating to evidence to be collected pertaining to the Seriti Commission; if so, what are the relevant details?

Source
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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.

15 November 2016 - NW2356

De Freitas, Mr MS to ask the Minister of Transport

(1)With reference to the Road Traffic Management Corporation’s advertisement for traffic officers for the National Traffic Police (NTP) in October 2014, (a) why were the candidates who applied for the specified position appointed as senior inspectors, (b) what criteria were used to make the specified appointments, (c) were the specified criteria different to that advertised and (d) on what statutory grounds did the NTP rely to make the appointments; (2) whether any incumbent traffic officers were given the opportunity to apply for the positions; if not, why not; if so, (a) how many of the incumbent traffic officers were appointed to the positions and (b) what are the further relevant details in this regard?

Source
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Reply:

1. (a) The appointments were made based on meeting the specified criteria

(b) The successful applicant as per the Advert had be in possession of a Basic Traffic Diploma, at least 4 years work related experience in Law Enforcement Environment. A valid proof of registration as a Traffic Officer, No previous conviction, have a Valid Driver’s License and should at least be in possession of either an Examiner of Driver’s License and or Examiner of Vehicles qualification.

(d) The appointments were made in accordance with the appropriate legislation and policy imperatives governing the RTMC

(2) The opportunity was given to all eligible South Africans who met the requirements of the Advert.

(a) It is regrettable that incumbent officers at RTMC did not apply but most incumbents in Provinces and Municipalities applied.

(b) N/A

15 November 2016 - NW2382

Van der Westhuizen, Mr AP to ask the Minister in the Presidency

(1)With reference to the remuneration paid to the six senior managers of the National Youth Development Agency (NYDA) as listed in the specified entity’s 2015-16 annual report, (a) what position did each of the specified senior managers hold in the NYDA, (b) for how long did each of the senior managers receive remuneration and (c) what is the total amount that was paid out in remuneration for each of the senior managers in terms of (i) basic salaries and (ii) any benefits; (2) whether any retrenched senior managers of the NYDA received severance packages in the 2015-16 financial year; if so, what is the total amount that was paid out in severance packages for each of the retrenched senior managers?

Source
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Reply:

In total the NYDA annual report refers to 8 senior management posts that were filled at beginning of the 2015 / 2016 financial year and 5 that were filled at the end of the financial year. The reduction is due to the organizational restructuring programme which saw the overall number of posts reduced.

The tables below indicate the number of senior management posts held before and after the restructuring and the basic salaries and additional benefits including the salary benefits received by the respective senior managers:

Posts prior to restructuring (1 April 2015 – 31 August 2015)

Post	Number of months received rem 2015 / 2016 FY	Short term benefits	Bonus	Expense allowance	Defined contribution plan	Severance benefit	Total
Chief Financial Officer	5	431 000	95 000	21 000	28 000	-	575 000
Chief Information Officer	5	454 000	177 000	3000	25 000	1 061 000	1 720 000
Executive Manager: Service Delivery Channel	5	392 000	234 000	66 000	29 000	1 033 000	1 754 000
Executive Manager: National Youth Service and Skills Development	5	331 000	243 000	18 000	78 000	-	670 000
Executive Manager: Corporate Services	5	338 000	-	37 000	79 000		454 000
Executive Manager: Research and Policy	7	661 000	95 000	2 000	31 000	1 108 000	1 897 000
Executive Manager: Communications	5	477 000	200 000	14 000	29 000	823 000	1 543 000
Executive Manager: Corporate Partnerships and International Relations	5	427 000	187 000	21 000	26 000	1 071 000	1 732 000
Total							10 345 000

Posts after the restructuring (1 September 2015 – 31 March 2016)

	Number of months received rem 2015 / 2016 FY	Short term benefits	Bonus	Expense allowance	Defined contribution plan	Severance benefit	Total
Chief Financial Officer	7	603 000		30 000	39 000	-	672 000
Executive Director: Operations	7	464 000		26 000	109 000	-	599 000
Executive Director: National Youth Service	7	607 000		2 000	4 000	-	649 000
Executive Director: Corporate Services	7	473 000		41 000	96 000	-	610 000
Executive Director: Corporate Strategy and Planning	7	483 000		3 000	91 000	-	577 000
Total							3 107 000

15 November 2016 - NW2358

Hunsinger, Dr CH to ask the Minister of Transport

(1)(a) Who were the beneficiaries of the Air Traffic Navigation Services’ enterprise supplier development programme (i) in the (aa) 2013-14, (bb) 2014-15 and (cc) 2015-16 financial years and (ii) since 1 April 2016, (b) how did each of the beneficiaries benefit from the programme, (c) what were the payment terms in each case, (d) how are the beneficiaries supervised to graduation into the incubation scheme and (e) what process is used to select beneficiaries who are to be included in the incubation scheme; (2) whether there was any delay in the payment of the beneficiaries in each of the financial years; if not, what is the position in this regard; if so, why?

Source
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Reply:

AIR TRAFFIC AND NAVIGATION SERVICES SOC LIMITED

(1) Enterprise Development

(a) aa) None, as ATNS started its Enterprise Development programme in the financial year ending 31 March 2014.

bb) Below were the beneficiaries of the Enterprise Development programme for the financial year ending 31 March 2015.

Beneficiary	Intervention	Amount Requested	Approved Amount
1.Bayajula Pty Ltd	Training SAP Lean Six Sigma Green Belt Training SAP Demo licenses	R766 492.69	R766 492.69
2.Elgadone Pty Ltd	Short term insurance learnership Insurance training for staff	R36 440.48	R292 600. 00
3.Kgatelopele Private Equity	Wi fi rooter Laptops Mobile Business ipads Laminator LED Projector White board	R128 951.00	R128 951.00
4.Sediba Project Management cc	Lawn Mower Kudu lawn mower Riding mower Brush cutters Fire control tanker Chemicals	R769 808.00	R769 808.00
5.Vertigo Technologies	Office space Office furniture IT infrastructure IT Equipment Desktops and Printers	R707 616.00	R707 616.00
6.Lesedi Technology	Krone Certification Containers Stipend for learner technicians	R195 544.00	R195 544.00
7.TGR Attorneys	Training	R1 802 820.00	R1 802 820.00
8.Atafala Consulting	Office space Administrative support Electronic tools Compliance tester HV detector	R546 648.96	R546 648.96
9.Yawee IT	Computer Equipment and server IT server Software solutions Telephone systems	R440 000.00	R440 000.00

cc) Below were the beneficiaries of the Enterprise Development programme for the financial year ending 31 March 2016.

Beneficiary	Intervention	Amount Requested	Approved Amount
1.Transpace Pty Ltd	Accreditation of technical course	R449 000.00	R449 000. 00
2.HC Nolan Management and Solutions	Unit standard alignment, content development and costs related to SETA accreditation	R292 600.00	R292 600. 00
3.Bayeni Caluza Projects	Office Facility and Equipment	R198 000. 00	R198 000. 00
4.Anani Trading	Printing Equipment and Software	R142 606. 25	R142 606. 25
5.Petsana Logistics	Technical training and accreditation with relevant professional institutes. A storage facility for supplies with long lead times.	R200 000. 00	R200 000.00
6.Orange Star Pty Ltd	Machinery	R62 299. 00	R62 299. 00
7.Undiscoverd Minds	Accreditation and office facility	R130 000. 00	R130 000.00
		R1 475 505. 20	R1 475 505. 20

(b) Since 1 April 2016 to date, the beneficiaries benefitted by receiving training on the programmes reflected below:

Programme	Delegates	Days	Total Cost
Financial Management skills	30	3	R 304 200.00
Technology, Creativity and Innovation Skills	26	2	R 229 372.00
Project/Time Management skills	24	4	R 243 360.00
Customer focus and customer service skills for personnel Skills	28	2	R 174 000.00
Contract Management, Negotiation and due diligence Skills	40	3	R 138 450.00
Corporate Governance Skills	42	2	R 223 650.00
Business Planning Skills	32	3	R 218 400.00
Finance for Non-Finance managers	24	2	R 88 320.00
Leadership Management Skills and Business acumen	22	4	R77 000.00
Quality Management Systems	22	5	R165 000.00
Total			R1 861 752.00

(d) ATNS together with Mtiya Dynamics Pty Ltd, ATNS Enterprise Development partners are overseeing the Incubation Programme, and Mtiya Dynamics is presenting progress reports to ATNS regarding the Incubation Programme.

(e) ATNS together with Mtiya Dynamics Pty Ltd conducted workshops in Johannesburg, Durban and Cape Town, the workshops were advertised in the newspapers and on the website where engineering suppliers were invited. Engineering suppliers that were exempted micro enterprises and black owned were selected for the Pilot Incubation Programme that is currently in progress in Johannesburg.An intense gap analysis audit was conducted and the recommendations were actioned where training was conducted to close identified gaps.

(2) ATNS endeavour to pay emerging suppliers within 15 days however, sometimes due to logistical problems there are slight delays that relate to invoices where, a supplier would present an invoice that does not reflect invoice number, ATNS VAT number and it becomes difficult for ATNS to pay invoices that do not meet ATNS specifications. ATNS is doing all it can to resolve such issues urgently so that suppliers are paid on time.

15 November 2016 - NW2318

Robinson, Ms D to ask the Minister of Water and Sanitation

Whether any (a) internal and/or (b) external forensic reports pertaining to (i) her department and/or (ii) each entity reporting to her were completed from 1 January 2009 up to the latest specified date for which information is available; if not, in each case, why not; if so, what is the (aa) name, (bb) subject matter and (cc) date of conclusion of each of the specified forensic reports?

Source
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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

15 November 2016 - NW2417

Van Damme, Ms PT to ask the Minister of Communications

(1)Whether the positions of (a) Group Executive of Corporate Affairs and (b) Chief Operating Officer (COO) of the SA Broadcasting Corporation (SABC) were advertised externally before the recent appointments of Mr Hlaudi Motsoeneng and Ms Bessi Tungwana in the specified positions; if not, in each case, why not; if so, in each case, (i) how many applicants (aa) applied and (bb) were shortlisted, (ii) how were the positions advertised and (iii) what are the relevant details of the processes followed to appoint each of the specified persons to the positions; (2) Whether an external recruitment agency was used to handle the specified appointments; if not, why not; if so, what are the relevant details; (3) Whether the appointments were approved by the Board of the SABC; if not, why not; if so, in each case, (a) on what date did the specified board approve the appointments, (b) at which meetings were the appointments approved and (c) what are the names of each board member present at the specified meetings; (4) Whether any consideration was given to the Public Protector’s findings and court rulings that Mr Motsoeneng lied about having a National Senior Certificate and that he irregularly increased his salary when he was the COO before his reappointment to the position of Group Executive of Corporate Affairs; if not, why not; if so, what are the relevant details?

Source
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Reply:

No, the positions of (a) Group Executive of Corporate Affairs and (b) Chief Operating Officer (COO) were not advertised. There was no need to advertise the position of COO, as Ms Tugwana is acting in this position. Mr Motsoeneng was reinstated to the position he occupied prior to his appointment as the COO.
Not applicable.
The questions relate to questions that are part of the terms of reference into the parliamentary hearing in terms of section 15A (b) and therefore dealing with the question now will be tantamount to anticipating the said inquiry which is led by Parliament.
Yes.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

15 November 2016 - NW2264

Mbhele, Mr ZN to ask the Minister of Police

(1)Whether he obtained the concurrence of the Minister of Finance, Mr P J Gordhan, on the remuneration of Lt. Gen. B M Ntlemeza before he was appointed as the National Head of the Directorate for Priority Crime Investigation in accordance with section 17CA(8)(a) of the South African Police Services Act, Act 68 of 1995, as amended; if not, why not; if so, on what date did he obtain the concurrence of the Minister of Finance in writing; (2) whether he placed a notice of the remuneration scale payable to the specified person in the Government Gazette before the person was appointed to the specified position, in accordance with section 17CA(8)(a) of the specified Act; if not, why not; if so, (a) on what date was this gazetted and (b) what is the Government Gazette number; (3) whether he submitted the remuneration scale payable to the person to Parliament for approval, in accordance with section 17CA(9) of the Act; if not, why not; if so, (a) on what date and (b) in what form was the specified submission made to Parliament?

Source
Link

Reply:

1. At the time of the appointment of Gen B M Ntlemeza the current Minister of Finance, Mr P J Gordhan was not the Minister of Finance. The Then Minister of Finance, Mr N Nene was a member of the Cabinet and the appointment of Gen Ntlemeza was presented before Cabinet for concurrence. Cabinet Memorandum, which included the proposed remuneration scale of Gen Ntlemeza was distributed to all Cabinet Ministers including the Minister of Finance and no objection was received from the Ministers. Cabinet (with the Minister of Finance included) concurred with the appointment of Gen Ntlemeza on 09 September 2015 and that was before he was appointed on 10 September 2015.

It must be noted that the South African Police Services Act 68 of 1995 (SAPS Act), as amended, does not prescribe how concurrence should be obtained and there is no provision in the Act that requires concurrence by the Minister of Finance to be writing.

2. The Minister submitted the remuneration scale which has already been approved by the Department of Public Service to Parliament for approval. This is part of the process of publishing the said remuneration scale in the Government Gazette. Whilst it is acknowledged that the SAPS Act requires the Minister to place a notice of the remuneration scale payable to the Head of DPCI in the Government Gazette, it must be pointed out that the Act does not prescribe the time frames at which such notice must be placed in the Gazette.

3. (a) The Minister submitted the remuneration scale payable to Gen Ntlemeza to Parliament on 31 October 2016.

(b) The remuneration scale was submitted through the Speaker of the National Assemble in writing.

15 November 2016 - NW2329

Lotriet, Prof A to ask the Minister of Science and Technology

Whether, with reference to her reply to question 456 on 14 March, the specified investigation into the project manager at the Nkowankowa Demonstration Centre has been finalised yet; if not; if so, (a) what were the findings and (b) is the specified project manager still under suspension?

Source
Link

Reply:

(a) The forensic investigation into alleged maladministration at the Nkowankowa Demonstration Centre (NDC) has been finalised. The investigation confirmed that there was gross financial maladministration of NDC affairs as well as other forms of unethical conduct.

(b) Given the serious findings of the investigation, the Departmental terminated its relationship with the project manager.

15 November 2016 - NW2341

Horn, Mr W to ask the Minister of Justice and Correctional Services

How many offenders were referred for psychiatric evaluation in the 2015-16 financial year; 2) whether there was an increase in the number of offenders referred for psychiatric evaluation in the 2015-16 financial year as compared to the 2014-15 financial year; if so, why?

Source
Link

Reply:

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.
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.

15 November 2016 - NW2326

Sithole, Mr KP to ask the Minister of Human Settlements

(1)(a) What is the total number of hostels in the country and (b) how many hostels (i) still need to be renovated and (ii) have been renovated and (c) how much did it cost the department to renovate these hostels; (2) with regard to the hostels that are not yet renovated (a) when is her department planning to renovate them, (b) how many will be renovated in the 2016-17 financial year and (c) what amount has been budgeted for the renovations of these hostels?

Source
Link

Reply:

(1) (a) There are 101 public sector owned hostels in the country. This excludes hostels which are privately owned but located on land which belongs to government or vice versa as well as hostels currently in the process of being negotiated to be donated by the private sector and/or being transferred to Government.

(b) (i) Of the 101 public sector owned 49 hostels still have to be renovated.

(ii) Of the 101 public sector owned 52 hostels have been renovated.

(2) (a) The Department in conjunction with provinces and municipalities has put in place a strategy which will ensure that all public sector hostels are integrated in the overall Provincial and Municipal Human Settlements Development plans. These include redevelopment and/or refurbishment and/or relocation of residents out of hostels into affordable rental and/or fully subsidised housing.

However, the implementation of the plans spans over multiple financial years due to the large number of persons and/or households which must be catered for and, the budgetary limitations. The aim is to transform the hostel environment into a family environment.

(b) A total of eight (8) hostels have been planned for renovation by the Provinces during 2016/17 financial year and work has commenced on the aforementioned hostels

15 November 2016 - NW2518

Macpherson, Mr DW to ask the Minister of Trade and Industry

Whether an economic impact assessment was conducted for the proposed draft Liquor Amendment Bill; if not, why not; if so,(a) how many jobs could be lost if the specified Bill is passed, (b) what financial implications will the passing of the Bill have and (c) where can the report of the specified assessment be accessed?

Source
Link

Reply:

A socio economic impact assessment (SEIA) was conducted on the final Liquor Policy and approved by Cabinet on 14 September 2016. The SEIA report was submitted to the Cabinet Secretariat.

As the Hon Member is aware, the National Liquor Amendment Bill, 2016 was published for wider consultation. The consultation process ends on 30 November 2016. the dti will review the comments received and will endeavor to conduct a further socio economic impact assessment on the Bill, if required.

15 November 2016 - NW2423

Bozzoli, Prof B to ask the Minister in the Presidency

(a) What is the detailed role of each Minister appointed to the Ministerial Task Team on Higher Education, that was established by the President, Mr Jacob G Zuma, on 11 October 2016 to address the fees must fall crisis in tertiary institutions and (b) why was the Minister of Finance, Mr P J Gordhan, excluded from the specified task team?

Source
Link

Reply:

All members of the Ministerial Task Team on Higher Education were appointed by the President of the Republic to support the Minister of Higher Education and Training to normalise the situation at Higher Education institutions across the country. The Minister of Finance is one of the Ministers serving on this task team.

15 November 2016 - NW2228

Schmidt, Adv H to ask the Minister of Water and Sanitation

(1)Whether, with reference to her reply to question 1716 on 27 September 2016, the funding allocated for the Sedibeng Regional Sewerage Scheme was spent in each financial year for which it was allocated; if not, in each case, why not; if so, in each case, what are the relevant details; (2) whether any of the funds allocated for the specified scheme were underspent in each financial year for which the funding was allocated; if not, in each case, what is the position in this regard; if so, in each case, what are the relevant details?

Source
Link

Reply:

1.The funding allocated for the Sedibeng Regional Sewerage Scheme was spent in each financial year as per allocation. The funding allocations and total expenditure from 2008/09 financial year to date are stipulated in Tables 1.1 and 1.2 below.

2. There had not been any under spending in each financial year mentioned above and the budget allocation for each project was based on cash flow.

---00O00---

TABLE 1.1: Funding allocations for Sedibeng Regional Sewerage Scheme project

PROJECT NAME

2008/09

2009/10

2010/11

2011/12

2012/13

2013/14

2014/15

2015/16

2016/17

TOTAL

Sedibeng Scheme

3 780 818

20 153 503

18 800 000

31 542 099

5 939 776

31 969 522

93 679 032

141 217 387

274 057 560

621 139 697

TABLE 1.2: Expenditure to date for Sedibeng Regional Sewerage Scheme project

PROJECT NAME

2008/09

2009/10

2010/11

2011/12

2012/13

2013/14

2014/15

2015/16

2016/17

TOTAL

Sedibeng Scheme

3 780 818

20 153 503

18 800 000

31 542 099

5 939 776

31 969 522

93 679 032

141 217 387

166 370 793

513 452 930

15 November 2016 - NW2283

Van Dyk, Ms V to ask the Minister of Police

(a) What is the current status of the investigation of the Directorate for Priority Crime Investigation into allegations of fraud and corruption at the Passenger Rail Agency of South Africa and (b) how many investigators have been allocated to the specified investigation?

Source
Link

Reply:

(a) The matter is investigated by the Serious Economic Offences Unit within the Directorate for priority Crime Investigation (DPCI).

The investigation is ongoing and information has been requested to speed up the investigation into the matter.

(b) The unit operates in team format and the case will be handled by the entire team.

15 November 2016 - NW2317

Kopane, Ms SP to ask the Minister of Transport

Source
Link

Reply:

PREFACE

The cases referred to in this reply are those which the investigations processes have been completed and have revealed adverse findings against officials, former officials and third parties which had business relations with the department.

NO	SUBJECT MATTER	NAME	DATE CONCLUDED	INTERNAL/EXTERNAL
1	Irregular authorising of Change Note 47. The delegated authority to approve was exceeded. The change note was not submitted to Bidding Committee for approval.	Mr Z Thwala	19 April 2013	Gobodo Investigative and Forensic Accounting
2	Irregular extension of contract with Quintogyn	Mr T Ngidi Mr S Monareng	04 September 2012	KPMG
3	Irregular appointment of Deloitte & Touche through reprioritization of scope of existing service provider	Mr R Jock	08 July 2013	Internal capacity
4	Irregular procurement of services from SITA and the subsequent conclusion of the tripartite agreement between the SITA, PM Focus Consulting and Department of Transport to institutionalize the e-Natis system	Mr R Jock Mr W Koekemoer Ms. E Coetzee	08 July 2013	Internal capacity
5	Irregular procurement of the Master License Agreement with SAS (Pty) Ltd	Mr R Jock	08 July 2013	Internal Capacity
6	Irregular procurement of the PABX System from Huawei Technologies and Letsore IT Solutions	Mr R Jock Mr G Mahlalela	08 July 2013	Internal Capacity
7	Irregular procurement of services for the 2011 Investor’s Conference	Mr M Vilana Mr. T Ngidi, Mr Venkile	15 August 2015	Nexus Forensic Services
8	Irregular appointment of a consortium of firms ( Bowman Gilfillan, Morar Inc. and Ngidi and Company Inc., to address findings by Auditor General in 2010/2011	Mr G Mahlalela	21 August 2014	Nexus Forensic Services
9	Irregular stopping and reallocation of Provincial Road Maintenance Grants in contravention of Division of Revenue Act	Mr C Hlabisa	03 September 2014	Internal Capacity
10	Fraudulent /dishonest appointment of Evaluation Panel in respect of Bid TE/2013/001	Mr R Jock	08 July 2013	Internal Capacity
11	Irregular/illegal extension of the contract with Prodiba for the production of Drivers Licenses., contract RT (G) 6969 SA	Mr G Mahlalela Mr Jock	2013/2014	Internal Capacity
12	Irregular procurement of trophies to be presented at the inaugural Transport Awards.	Mr M Maswanganyi Ms L Mahlangu	02 February 2016	Internal Capacity
13	Fraud, nepotism and corruption	Mr V Ndwamato	2010/2011	ENS Forensics (Pty) Ltd
14	Fraud/theft relating to use of card to purchase groceries for the Ministry	Ms R Seabi, Ms C Nkosi	13 May 2016	Internal Capacity

15	Salary overpayment to former employee Ms Jola	Ms. Jola	16 July 2016	Internal Capacity
16	Irregular procurement of furniture for Cape Town Office of the Director-General	Ms M Tshabalala	21 September 2016	Internal capacity
17	Investigation into upgrading of Mthatha Airport Runway	Mr M Vilana	24 July 2013	ENS Forensics (Pty) Ltd National Treasury
18	Submission of fraudulent travel and Subsistence Claim	Bhikshu N	28 September 2011	Internal Capacity
19	Report on verification of current financial spending/expenditure of SANTACO Services	SANTACO	20 June 2011	Z. Adam & Co.
20	Report into payment of an acting allowance of R84,089.24 to Ms P Mokale	Mr. P Mokale Mr C Letsoalo	2009/2010	Internal Capacity
21	Investigation report into fruitless and wasteful expenditure at Driving License Card Account regarding MTN SIM Cards	DLCA	24 October 2012	ENS Forensics (Pty) Ltd
22	Procurement fraud relating to irregular extension of Tender No. DOT/19/2006/FL& CD allowing the Road Traffic Management Corporation to participate in the contract	RTMC	2010	Internal Capacity
23	Irregularities relating to the award of Bid No DoT/19/2008/IP & IC, awarded to Safiri and CSIR Joint Venture	Mr M Vilana	2010	Internal Capacity
24	Investigation report into acts of misconduct, fraud and corruption	Zerk Bester	2011	G9 Forensic Consulting (Pty) Ltd

Ports Regulator of South Africa

There have been no (a) internal and (b) external forensic investigations that have taken place from 01 January 2009 up to 20 October 2016.

SAMSA

The SAMSA Board commissioned a Forensic Investigation in May 2016, the investigation is at an advanced stage, to be completed in November 2016.

REPLY

AIRPORT COMPANY SOUTH AFRICA (ACSA)

Date	Description	Conclusion
20 May 2011	“I would like to report that there was a tender irregularity with the awarding of the Office automation tender to a Supplier. The current CEO, of Supplier, is a blood relative to one of your ACSA employees, Group Specialist - Procurement Services. In the tender document, this relationship was not declared as per terms and requirements stated. Secondly, this Supplier was given an opportunity to re-submit pricing whilst other vendors were not given that opportunity.”	No adverse findings and the investigation was closed and feedback sent to whistleblower.
20 October 2011	This memo relates to the approved investigations related to the note sent to one of the ACSA Debtors allegedly by an ACSA to change the ACSA Bank details into which the Debtor should pay the amounts due. The email was received on the 20th October 2011.	No ACSA employee was found to have been implicated and there was no loss of cash as the scam was unsuccessful. Note: A company-wide investigation on the state of payments and possible irregularities was launched using Deloitte during 2012.
29 May 2011	This memo relates to the investigations undertaken as a response to the email received from Marelize Labuschagne on 29th April 2011. The author suspected that there might have been an “internal link” on the fraudulent payments to a Business Connection’s Standard Bank Account.	No ACSA employee was found to have been implicated and there was no loss of cash. Note: A company-wide investigation on the state of payments and possible irregularities was launched using Deloitte during 2012.
21 November 2011	A payment effected by ACSA SSC on the 31st Oct to the account of Cura Risk management Software (Pty) Ltd to the value of R123, 594.92 was made to fraudulent bank details. The bank details were submitted to ACSA SSC on 25th August 2010 – reflected as Absa Bank.	No loss of cash by ACSA. The above was reported to SAPS ref: CAS 193/11/2011 on 17/11/2011 at OR Tambo. Note: A company-wide investigation on the state of payments and possible irregularities was launched using Deloitte during 2012.
20 June 2011	An anonymous call was logged on the Tip-Offs Anonymous Hotline on the 20th of June 2011 whereby the following allegations were made regarding the maintenance of the Public Address system tender at O.R. Tambo International Airport (ORTIA).	Internal Audit could thus not find any conclusive evidence which would indicate that the process was not equitable and transparent.
01 August 2012	This investigation was referred to Internal Audit by the Group Executive: Commercial on 01 August 2012. This request came about after a tender (IDA/11/11) of the ORTIA Arts, Crafts and Curio Retail Stores was cancelled and notifications to this effect dated 20 March 2012 were sent to the two Bidders.	The bases used for the cancellation of the Tender were valid as per ACSA Procurement Policy; however, the process followed by ORTIA Procurement to cancel the Bid had general weaknesses and flaws that were observed. Corrective active was recommended and implemented.
30 July 2012	This report relates to the investigation conducted after a tip-off was received by Internal Audit on the alleged unauthorised removal of some furniture from the premises by an employee.	The evidence available indicates that the employee removed the furniture from the ACSA premises without approval and did not intend to return them. Disciplinary action was launched and recommendations implemented.
19 February 2013	A call was logged in relation to the following allegations: Allegations of unethical behaviour and corruption by the Electrical Supervisor. Intimidation and victimisation of employees by Electrical Management. Sowing of division among employees by Electrical Supervisor (1st Electrician). Favouritism or preferential treatment of staff by Electrical Department management. Training and exposure to various aspects of works.	The following recommendations were put forward: The King Shaka Electrical department team are experiencing challenges with regard to team dynamics, as is evident in the allegations regarding favouritism and preferential treatment. This is compounded by the fact that there are aspects of policies and procedures which have not been adhered to particularly as it relates to overtime. In addition the conduct with regard to procurement related aspects also indicates non adherence to policies and procedures. These non-adherences may be construed as subversion to the system of internal controls. Subversion of the system of internal controls could lead to irregular transactions being perpetuated and remaining undetected which will result in financial losses for ACSA. We recommend that King Shaka International Airport (KSIA) management act decisively and swiftly on matters and recommendations noted during this investigation and raised in this report. This will contribute towards the cultivation of a culture of compliance to the Policies and procedures throughout its business.
12 November 2014	PORT ELIZABETH AIRPORT: Caller alleges that an employee from the airport is accepting bribes from baggage wrapping company.	The Airport Manager matter, conciliation was unsuccessful on 7 July 2016 and now Arbitration is set down for later during the year; The Airport Manager matter, conciliation was unsuccessful on 7 July 2016 and now Arbitration is set down for later during the year; The Department Head: Operations’ matter has been concluded and termination has been finalised.
13 November 2014	CAPE TOWN INTERNATIONAL AIRPORT: The complainant reported alleged favouritism and bribery in securing posts for 15 security officers. One officer submitted an application after the deadline and was appointed. Another assaulted a female security officer, but was not disciplined.	The whole process was documented and was found to be compliant with ACSA recruitment policies and procedures. All requirements were evaluated objectively and there was no scope for subjective interpretation; The officer did not submit his application late, but did it manually, before the closing date; and The suspected officer was not appointed as his qualifications were found to be suspect. This led to his automatic disqualification from further consideration.
03 November 2014	OR TAMBO INTERNATIONAL AIRPORT: An employee complained of nepotism regarding the appointment of a person into a senior position in the Human Resources department.	The airport management team conducted an investigation and could not find any evidence to support the allegation. They confirmed that the whole process was documented and was found to be compliant with ACSA recruitment policies and procedures.
29 September 2014	KIMBERLEY AIRPORT: A caller alleged that a security officer is using an administrator PIN code for making telephone calls instead of the personal PIN code assigned to him.	No evidence could be found to confirm the allegation.
27 September 2014	OR TAMBO INTERNATIONAL AIRPORT: A caller alleged that a passenger travelling on an African based flight to Johannesburg would detonate a test device that will bring down the aircraft. AVSEC was notified and they liaised with the State Security Agency, SAPS and SAA to assess and mitigate the threat.	The passenger was identified from the information supplied. He, and his luggage were screened and was cleared for flying. No incident occurred and the investigation was closed.
16 September 2014	OR TAMBO INTERNATIONAL AIRPORT: A caller alleged that a senior buyer at the airport is disqualifying bidders from the grass cutting tender for no apparent reason. Another employee from Surface Maintenance excused himself because he did not want to be part of a panel corrupting people.	Upon request from the OR TAMBO General Manager, the CEO approved that an investigation be conducted by SNG. The investigation has been concluded and the report issued to EXCO and Audit and Risk Committee. Disciplinary action was taken accordingly and recommendations were implemented.
12 September 2014	OR TAMBO INTERNATIONAL AIRPORT: M&E requested and received a quote via the SSC, for disposable ear protectors that appeared high in value. Furthermore, the recommended supplier was not in the business of selling such goods. M&E challenged the SSC about this and obtained their own quotation which was 7.5 times less than the quote. It appeared that an employee in SSC could be conflicted as the name supplied on the SSC quote belonged to an employee that was actually a buyer for ACSA.	A director check with the CIPC/CIPRO indicated that the employee implicated was not a director or shareholder in the company referred to in the allegation. No further investigation is required in this matter.
28 August 2014	OR TAMBO INTERNATIONAL AIRPORT: A passenger on an international flight ordered a cup of tea at the coffee shop while waiting to board. After having the tea he “woke” up and realized he had missed his flight and experienced further drowsiness. He alleged that the waiter had drugged him.	The OR Tambo International Airport Public Safety and Security management team investigated by reviewing the cameras against the report, and the incident went undetected. The team could not establish the reason for blackout. Internal Audit has assessed and no further investigation is required in this matter.
22 August 2014	KIMBERLEY AIRPORT: A caller alleged that one of the supervisors claim overtime for time not worked.	The regional airport management suspended the employee while the investigation was being done. Regional airport management in conjunction with HR conducted an investigation and found no evidence to support the allegations. The suspension was lifted and the supervisor was re-instated in his position. Internal Audit has assessed management review and no further investigation is required in this matter.
14 August 2014	OR TAMBO INTERNATIONAL AIRPORT: An employee working in the Property department at OR Tambo International airport collected rent monies from tenants and pocketed the cash instead of declaring it as income received.	Investigations revealed that an ACSA employee was collecting rent from cargo companies. The employee was suspended while management conducted an investigation to determine the extent of this fraud matter. Internal HR interventions have been finalised and employee dismissed.
12 August 2014	OR TAMBO INTERNATIONAL AIRPORT: A caller alleged that there are copies of an upcoming tender for the upgrade of CCTV cameras floating around. He was alleging that ACSA is already approaching certain vendors in order to give them an advantage over others.	Internal Audit consulted with SCM and was informed that the tender has not yet been finalised for issue. The RFP document was still in draft as SCM were finalising the technical specifications and evaluating criteria for the tender. Hence there was no way that a copy of the document could be in circulation in the public domain.
04 August 2014	OR TAMBO INTERNATIONAL AIRPORT: The caller stated that a friend she met on a dating site sent her a parcel from the UK containing money and diamonds to the value of R1.2m. He requested various amounts of money, gradually increasing his demands in order to have the parcel released.	Internal Audit met with the caller and suggested that the matter be raised by her with the SAPS Commercial Crimes unit as well as SARS as they are better equipped to deal with her matter. The modus operandi is very similar to the 419 scams that have been comprehensively covered on TV documentaries, newspapers and the radio.
28 July 2014	CORPORATE: Two senior employees from the Strategic Planning and Projects Division left the employ of ACSA and joined a company who submitted a bid and won part of the tender. It was alleged that the two employees could have influenced the submission.	The ACSA BEC did identify the two employees during the tender evaluation process and obtained a legal opinion on the restraint of trade and cool-off periods applicable to these employees. The legal opinion stated that since no restraint of trade or cool-off period agreements were signed with these individuals, ACSA could not prevent them from seeking employment after termination of their services or prevent them from forming part of a company that was bidding on tenders to provide goods and services to ACSA.
15 July 2014	KIMBERLEY AIRPORT: A caller alleged that airport staff was using a company vehicle for personal errands around town.	Management investigated the call and provided feedback. Management‘s review found no malice in the use of the company vehicle.
11 July 2014	CAPE TOWN INTERNATIONAL AIRPORT An anonymous report was delivered to the CEO alleging that a supplier delivered poor quality work on fencing.	Management investigated the process and found no evidence to support the allegation of poor quality workmanship.
22 April 2014	OR TAMBO INTERNATIONAL AIRPORT: An employee working in Maintenance and Engineering indicated that a police case has been opened against her that the employee was using her position to coerce a service provider to buy equipment for her business, at their cost, in order for her to process job orders for their company, otherwise they cannot earn an income from their contract with ACSA.	An investigation was conducted by SizweNtsalubaGobodo (SNG). The investigation is complete and the report issued to management, and Audit and Risk Committee. The allegations made by supplier could not be substantiated with evidence. The SAPS had declined to prosecute due to insufficient evidence to substantiate the claims made by the supplier. The employee went through an internal disciplinary process. The whistleblowing policy was updated and approved by the ARC and the BOARD. The policy also includes a clause that deals specifically with calls made in bad faith.
15 April 2014	UPINGTON REGIONAL AIRPORT: A caller reported that an ACSA employee was abusing a company vehicle.	The regional airport management team investigated the matter and found that there was irregular use of the vehicle. An employee was transferred from Gauteng to Upington and had the use of the company vehicle while HR was arranging for their vehicle to be transported to Upington. There was a delay in the transporting arrangement and the employee used the vehicle after her vehicle was delivered to Upington. The airport employee and the HR team responsible for arranging the move were issued with warnings for this transgression.
16 September 2014	OR TAMBO INTERNATIONAL AIRPORT: A caller alleged that a senior buyer at the airport is disqualifying bidders from the grass cutting tender for no apparent reason. Another employee from Surface Maintenance excused himself because he did not want to be part of a panel corrupting people.	Upon request from the OR TAMBO General Manager, the CEO approved an investigation to be conducted by SNG. The employee went through a disciplinary process and was subsequently demoted.
25 July 2014	OR TAMBO INTERNATIONAL AIRPORT: The landside manager reported that a parking employee did not declare all the monies that she collected from taxi operators. Furthermore there was possible evidence of other aspects including that of a missing receipt book and an illegal parking card.	An investigation was conducted by the Parking Management team. The employee was dismissed with immediate effect after a disciplinary process.
11 May 2015	PORT ELIZABETH: The Auditor General reported that an employee alleged improper conducted in the management of taxi operators and kiddies’ rides at the airport, i.e. operators were allowed to conduct business without payment to ACSA.	Internal Audit conducted an investigation and found that not all the taxi operators’ contracts were available for review, but that the operators made their monthly payments. The kiddies’ ride had a contract that was not yet signed. No payments were received for the seven (7) months that these rides operated at the airport. Although no fraudulent activity was identified, Internal Audit recommended that management look at disciplinary process relating to non-adherence to ACSA policies and procedures and weak administrative controls. Recommendations were implemented.
01 June 2015	CORP: Two individuals have information relating to retailer lease fraud, i.e. turnover rentals are not declared honestly. They want to meet with senior management and want possible compensation for the information they possess.	The issue was discussed at an Anti-corruption Steering Committee and it was concurred that this is a Commercial issue since the individuals want to sell ACSA a product to monitor retailers’ activities. The matter was referred back to Commercial division.
8 June 2015	ORTIA: Caller alleged that a cell phone was stolen from his luggage at ORTIA in November 2014. Calls to the value of around $38 000 were made.	ORTIA security investigated and found that the calls were made overseas before the passenger landed in South Africa and again after the passenger departed. Hence it was concluded that the phone could not have been stolen in South Africa.
10 June 2015	CTIA: An anonymous caller alleged that a security officer had a fraudulent matric certificate.	HR confirmed and send documentary proof that the security officer had a valid matric certificate.
28 August 2015	OR TAMBO INTERNATIONAL AIRPORT: Caller alleged that his car was towed while he was in the vehicle. Upon arrival at the impound lot the vehicle was released in an unsafe manner and suffered body damage.	The tow truck operator settled the costs of the repairs for fixing the damage to the vehicle.
14 Sep 2015	CORP: A call was logged via the CEO of possible irregular relationship between a Buyer within ACSA and a Supplier.	The disciplinary hearing was concluded and the employee was reinstated. .
14 Dec 2015	BRAM FISCHER AIRPORT: A caller alleged that an ACSA employee used a company vehicle to carry stolen property from the airside.	It was established after the investigation that the vehicle in question removed materials that belonged to a contractor from the airside after having obtained written permission from the HOD: M&E to do so. No further action is required regarding this matter.
18 June 2015	OR TAMBO INTERNATIONAL AIRPORT: A firm of attorneys requested ACSA to admit liability to their client who got injured while travelling up an escalator due to its malfunctioning and trapping her in it. They are claiming financial loss and medical expenses.	The matter is now handled through the Insurance process.
15 Jan 2015	OR TAMBO INTERNATIONAL AIRPORT: A caller alleged that a female permit office staff member was recording payments for permits on a manual receipt book and was pocketing the cash received.	Permits are linked to receipts or a GL account. If what this person alleged happened, the reconciliation will not balance as the system will indicate the types and cost of permits and a hash total for the day’s events which would not match the cash received and banked. For the period referred to, no exceptions were recorded in the daily reconciliations.
14 Apr 2016	OR TAMBO INTERNATIONAL AIRPORT – It has been allegedly reported that the Security Manager at the airport is putting staff under pressure to pay a certain Supplier all the time. The Complainant further states that Payments to the company are done quickly due to the corruption relationship between the Protection Company’s Manager and the Security Manager.	An internal investigation was conducted and there was no sufficient evidence to implicate the alleged Security Manager to the allegations.
18 May 2016	CORP: Accenture Issues – An incidence was noted whereby the Procurement Manager’s signature was discovered on a PO Scorecard.	The employee was terminated as she was a seconded by an outsourced entity.
24 May 2016	CORP: Afrilink HealthCare Goals case – An email was received by the CFO alluding to irregularities within the Enterprise processes within ACSA.	The allegations were evaluated by Internal Audit and it was concluded that a Forensic investigation was necessary. The appointment of the Service Provider was completed on 19 July 2016.
01 June 2016	CAPE TOWN INTERNATIONAL AIRPORT - According to the complainant, she overheard people talking on the train about bribery which implicates one of the employees working at Cape Town International Airport security checkpoints.	An investigation was conducted by Airport Management which included the following: Character reference interview, performance records, conduct and attitude towards seniors and colleagues as well as towards passengers and stakeholders, Background check was conducted by SAPS: Directorate of Priority Crime Investigations (DPCI) which included personal banking movements, Activity check conducted on permit access and movement. This includes possible presence/access at Airport on rest days, Possible connectivity to G4S Manager, and Travelling arrangements to and from work. The results obtained as a result of the above could not implicate ACSA Official and the matter was then closed.
07 June 2016	CAPE TOWN INTERNATIONAL AIRPORT - The complainant had reported a Zimbabwean National who does not possess a working permit and is employed at Cape Town International Airport.	An investigation was conducted by the Airport Management on the permit database and the results obtained could not match the alleged Zimbabwean National. ACSA also has no further record or knowledge of a person of this name who is working at the airport. No further information could be obtained from the Complainant and the matter was then closed off.
27 September 2016	On Saturday, 23rd September 2016, OR Tambo International Airport General Manager - Bongiwe Pityi received an email from an alleged whistle-blower alleging that one of the Supply Chain Management senior buyer is selling tenders.	The Procurement Official had since been suspended pending an investigation.

AIR TRAFFIC AND NAVIGATION SERVICES (ATNS)

a) One (1) internal forensic report

aa) Allegation of Subsistence and Travelling (S&T) Forex returns embezzlement

bb) Subsistence and Travel (Forex returns)

cc) 2016

SOUTH AFRICAN CIVIL AVIATION AUTHORITY

As the Civil Aviation Regulator, the South African Civil Aviation Authority (SACAA) also receives tip-offs relating to non-compliance to applicable legal prescripts. As such, the list below entails both internal (employee related) as well as external (Civil Aviation Act, regulations and technical standards compliance measures) forensic investigations.

Year	Name	Subject Matter	Date of Conclusion	Internal	External
2009/10	N/A	N/A	N/A	N/A	N/A
2010/11	Dereliction of duties	Alleged misconduct of two senior employees	19-Nov-11	Internal
	Procurement irregularity	Alleged failure to follow Supply Chain Management policies and procedures in the appointment of a service provider	3-Mar-11	Internal
2011/12	Aviation irregularity	Alleged contravention of the SACAA regulations	2-Nov-11	Internal
	Procurement irregularity	Alleged irregular Tender Committee processes	26-Aug-11	Internal
	Undeclared interest	Alleged conflict of interest.	26-Oct-11	Internal
	Abuse of position	Alleged abuse of position by a manager	26-Oct-11	Internal
	Fraud	Alleged forged signature	24-Jan-12	Internal
	Fraud	Alleged unauthorised debit transactions against SACAA's bank account	1-Jul-12	Internal
	Irregular Business Practice	Alleged irregular business practice within Aircraft Personnel Standards	1-Aug-12		External
	Abuse of Position	Alleged abuse of position and intimidation by Inspectors	1-Aug-12	Internal
	Irregular HR Practices	Alleged irregular appointment of two employees	1-Aug-12	Internal
	Irregular HR Practices	Alleged irregular recruitment processes	1-Aug-12	Internal
	Procurement Irregularity	Alleged procurement irregularity with regard to an inflated quotation for printing services	19-Jun-12	Internal
2012/13	Abuse of Position	Alleged unauthorized inspections at an Aviation Training Organisation	17-Aug-12	Internal
	Aviation Irregularity	Alleged irregular issuing of Aircraft Operating Certificates	26-Oct-12		External
	Abuse of Position	Alleged irregular flagging of a Student Pilot's license	17-Aug-12	Internal
	Procurement Irregularity	Alleged failure of the Payroll department to pay Workmen's Compensation in time	05-Dec-12	Internal
	Irregular Business Practice	Alleged unauthorised payment for MBA studies for an employee who is in breach of the bonding agreement	09-Jan-13	Internal
	Procurement Irregularity	Alleged failure to follow procurement processes with regards to the Cadet Programme	14-Feb-13	Internal
	Dishonesty	Alleged submission of a plagiarized thesis when applying for the Designated Flight Examiner designation	18-Feb-13	Internal
	Irregular HR Practice	Alleged recruitment and procurement irregularities in the sourcing and appointment of temp employees	24-Oct-13	Internal
	Irregular Business Practice	Alleged irregular business practices in their creation of the APS Section	01-Aug-12		External
	Irregular HR Practice	Alleged irregular appointment and conflict of interest of employees in a remunerated role of Designated Flight Examiner	01-Aug-12	Internal
	Irregular HR Practice	Alleged irregular recruitment processes	01-Aug-12	Internal
	Procurement Irregularity	Alleged inflation of quotations for services by external service provider	19-Jun-12	Internal
	Irregular HR Practice	Alleged irregularities with regards to grounding of Inspector	10-May-12	Internal
	Irregular HR Practice	Alleged recruitment irregularities in the use of psychometric testing	10-May-12	Internal
	Abuse of Position	Alleged unauthorised audit/investigation against Flight Inspection Unit	10-May-12	Internal
	Aviation Irregularity	Alleged contravention of Civil Aviation Regulations	27-Jun-12	Internal
	Irregular Business Practice	Alleged irregular departmental performance and reporting	22-Dec-12		External
	Breach of Confidentiality	Alleged leaking of Auditor General's financial year internal audit	28-Feb-13	Internal
	Negligence	Alleged calculation errors of pension fund contributions to the Government Employee Pension Fund	05-Dec-12	Internal
	Procurement Irregularity	Alleged irregular procurement of services	05-Dec-12	Internal
	Aviation Irregularity	Alleged falsification of pilot logbook information	03-Jun-13	Internal
	Aviation Irregularity	Alleged working under the influence of alcohol	25-Oct-12	Internal
	Abuse of Position	Alleged abuse of position when attending international conference	30-Nov-12	Internal
	Aviation Irregularity	Alleged irregular issuance of pilot license without minimum knowledge requirements	04-Nov-12	Internal
	Conflict of Interest	Alleged conflict of interest when investigating an aircraft accident	31-Jan-13	Internal
	Abuse of Position	Alleged abuse of position	31-Jan-13	Internal
	Aviation Irregularity	Alleged lack of maintenance on aircraft	01-Mar-13	Internal
	Conflict of Interest	Alleged conflict of interest and dual employment by employee	12-Mar-15	Internal
	Abuse of Position	Alleged threat of death of employee relating to his duties	12-Mar-15	Internal
	Irregular HR Practice	Alleged irregular re-employment of employee	12-Mar-15	Internal
	Dishonesty	Alleged misrepresentation of facts by employee relating to work commitments in Swaziland	12-Mar-15	Internal
	License Irregularity	Alleged leaking of examination questions and sale to the public	27-Aug-13	Internal
	Abuse of Position	Alleged interference of enforcement action against a pilot and making pronouncements on behalf of SACAA without authority	24-Feb-14	Internal
2013/14	Abuse of Position	Alleged abuse of positions by Inspectors when conducting inspections	03-Dec-13	Internal
	Aviation Irregularity	Alleged operating of Aircraft Maintenance Organisation from guest lodge	20-Aug-13	Internal
	Aviation Irregularity	Alleged operating of Aircraft Maintenance Organisation under several names	18-Sep-13	Internal
	Conflict of Interest	Alleged conflict of interest with SACAA inspector having a partnership in an Aircraft Maintenance Organisation	22-Nov-13	Internal
	Conflict of Interest	Alleged conflict of interest with SACAA inspector having close ties with an operator	22-Nov-13	Internal
	Abuse of Position	Alleged controversial statements on a social platform being made by SACAA Inspector	24-Feb-14	Internal
	Dishonesty	Alleged unauthorised written notes taken into exam by candidate	25-Nov-14	Internal
	Fraud	Alleged misrepresented facts to SACAA in terms of being medically unfit for work	11-Sep-14	Internal
	Conflict of Interest	Alleged conflict of interest in terms of undeclared/unauthorised business interests	10-Mar-14	Internal
	Intimidation	Alleged intimidation of Exco member	25-Nov-13	Internal
	Irregular Business Practice	Alleged irregular business practice by owner of dog training facility for aviation security services	08-Apr-14	Internal
	Irregular Business Practice	Alleged employment irregularities	17-Jan-14	Internal
	Irregular Business Practice	Alleged irregular invoices for services rendered	05-Sep-13	Internal
	Fraud	Alleged irregular transfer of aircraft ownership	28-Jan-14	Internal
	Conflict of Interest	Alleged conflict of interest	19-Sep-13	Internal
	Environmental Issues	Alleged irregular storage of aviation fuel	18-Sep-13	Internal
	Conflict of Interest	Alleged conflict of interest	11-Apr-14	Internal
	Aviation Irregularity	Alleged irregular issuance of aircraft rating	14-May-14	Internal
	Irregular HR Practice	Alleged conflict of interest	09-Jul-14	Internal
	Aviation Irregularity	Alleged use of civil aircraft for military operations.	10-Jan-14	Internal
	Aviation Irregularity	Alleged awarding of contracts to private aircraft operators by the South African National Defense Force	10-Jan-14	Internal
	Aviation Irregularity	Alleged transfer of ownership of aircraft signed under duress	19-Dec-14	Internal
	Intimidation	Alleged threatening and intimidating cell phone calls	20-May-14	Internal
	Intimidation	Alleged threatening and intimidating cell phone calls	27-Nov-14	Internal
	Dishonesty	Alleged abuse of company resources	23-Oct-14	Internal
	Conflict of Interest	Alleged undeclared and/or unapproved interests in the aviation industry	22-Jun-15	Internal
	Abuse of Position	Alleged abuse of position by an Inspector when conducting an inspection	22-Jun-15	Internal
	Intimidation	Alleged threatening and intimidating cell phone calls	27-Nov-14	Internal
	Fraud	Alleged fake and/or fraudulent pilot's license	21-Apr-15	Internal
	Conflict of Interest	Alleged conflict of interest	12-Mar-15	Internal
	Complaint	Alleged failure to pay bursaries to students in terms of The Transport Training Authority grants	24-Feb-14	Internal
2014/15	Dishonesty	Alleged misrepresentation of facts in respect of qualification when seeking employment at SACAA	18-Feb-15	Internal
	Conflict of Interest	Alleged undeclared and/or unapproved interests in the aviation industry	12-Mar-15	Internal
	Scam	Alleged impersonation of the DCA	11-Mar-15	Internal
	Abuse of Position	Alleged approval of amendments to the SAA security procedures without authority to do so	02-Apr-15	Internal
	Fraud	Alleged gross irregularities and fraud with regards to SACAA's online examination	20-Apr-15	Internal
	Theft incidents	Alleged theft incidents within SACAA in the period between the 4th June 2014 and the 4th December 2014	29-Apr-15	Internal
	Negligence	Alleged compromise of the integrity and confidentiality of a board pack	23-Apr-15	Internal
	Dishonesty	Alleged submission of a plagiarised report as a formal CAA Aircraft Accident Investigation Report	26-May-15	Internal
	Abuse of Position	Alleged abuse of position and breach of procedures when conducting inspections	27-May-15	Internal
	Aviation Irregularity	Alleged operation of an aircraft without a valid Certificate of Airworthiness	22-Jun-15	Internal
	Abuse of Position	Alleged abuse of position when conducting enquiries into the validity of inspections done by an Authorised Person	22-Jun-15	Internal
	Dishonesty	Alleged misrepresentation of facts in respect of the validity and/or existence of aviation licenses	22-Jun-15	Internal
	Dishonesty	Alleged misrepresentation of facts with regards to travel claims and allowance	21-Sep-15	Internal
	Dishonesty	Alleged misrepresentation of facts with regards to qualifications	02-Feb-15	Internal
	Abuse of Position	Alleged abuse of position by Aviation Personnel Standards officials to over-rule decisions taken by their superiors	31-Mar-15	Internal
	Abuse of Position	Alleged abuse of positions by two Inspectors when conducting an inspection	16-Feb-15	Internal
	Abuse of Position	Alleged abuse of position by an Inspector when conducting inspections	16-Feb-15	Internal
	Dishonesty	Alleged unauthorised removal of notes from the exam centre	16-Feb-15	Internal
	Dishonesty	Alleged possession of unauthorised notes in the exam centre	16-Feb-15	Internal
	Dishonesty	Alleged submission of suspected fraudulent sick notes	19-Feb-15	Internal
2015/16	Abuse of Position	Alleged abuse of position by an Inspector when conducting inspections	14-Apr-16	Internal
	Corruption	Alleged soliciting of a bribe to issue an Aircraft Operation Certificate	09-Mar-16	Internal
	Abuse of Position	Alleged abuse of positions by Inspectors when conducting inspections	25-Apr-16		External
	Fraud	Alleged use of a fraudulent South African Commercial Pilot License in the Democratic Republic of Congo	11-Mar-16	Internal
	Theft	Alleged theft of a laptop from an office	09-Mar-16	Internal
	Corruption	Alleged corruption by an Licensing Officer	14-Apr-16	Internal
	Theft	Alleged theft of laptop from employee's vehicle	09-Mar-16	Internal
	Theft	Alleged theft of laptop from employee's vehicle	09-Mar-16	Internal
	Theft	Alleged theft of laptop from employee's vehicle	09-Mar-16	Internal
	Dishonesty	Alleged inflated flying hours to qualify for an Airline Transport Pilot License	08-Jul-15	Internal
	Fraud	Alleged use of fraudulent Commercial Pilot License	09-Mar-16	Internal
	Procurement Irregularity	Alleged procurement of an employee's business to render services to SACAA	07-Oct-15	Internal
	Dishonesty	Alleged dishonesty and misrepresentation of facts relating to medical information	07-Oct-15	Internal
	License Irregularity	Alleged fronting by an Air Services Operator when applying for an International and Domestic Air Services License	23-Sep-15	Internal
	Fraud	Alleged fraudulent use of a SACAA letterhead	06-Jan-16	Internal
	License Irregularity	Alleged irregular issuance of Aircraft Operating Certificates	23-Sep-15	Internal
	Aviation Irregularity	Alleged servicing of an aircraft engine by an Aircraft Maintenance Engineer without being rated to work on the engine type.	14-Apr-16	Internal
2016/17	Conflict of Interest	Alleged facilitation of a charter flight by an employee for remuneration	28-Jul-16	Internal
	Abuse of Position	Alleged abuse of position by an Inspector when he entered restricted areas at the Cape Town International Airport	08-Jul-16	Internal
	Dishonesty	Alleged irregular issuance of Remote Piloted Aircraft Systems Operating Certificate	21-Oct-16	Internal
	Theft	Alleged theft of a client's cell phone at the client services desk	22-Jul-16	Internal

Passenger Rail Agency of South Africa (PRASA)

External forensic investigations:

Fuel Fraud Investigation by Valuecorp CC, trading as, Sudesh Dayanand Forensic Investigators – the contract term for this investigation lapsed in 2015.
Werksmans Attorneys – Investigations into various irregularities found by the Auditor-General SA in its 2014/15 audit and the irregularities found by the Public Protector in her report entitled “Derailed” issued in August 2015 – This investigation is ongoing.
National Treasury – Investigations into contracts that are above R10 million and concluded by PRASA between 2012 and 2015 – This investigation is ongoing.
Deloitte- Investigations into fraudulent transfer of funds in the Durban and Tshwane Regions which was terminated in 2010 and handover of the results to the South African Police Services.
Deloitte - allegations of irregularities in appointment of officials in the Eastern Cape region, mismanagement of company assets and tender processes concluded in 2010/11
PricewaterhouseCoopers – Forensic Audit into Eastern Cape supply chain management processes and related outstanding invoices for payment conclude in 2013.
Deloitte- Investigations into appointment of contractors, supply chain management processes and tenant revenue leakages concluded in 2013.
SizweNtsalubaGobodo - allegations of abuse of third party charter bus services concluded in 2013/14

(ii) South African National Roads Agency Limited

Please see attached spreadsheets marked (a) internal and (b) external forensic reports.

The requested information is in the spreadsheet (Annexure ‘A’)

(ii) Cross-Border Road Transport Agency

(a) Internal forensic investigations were as follows for the (ii) Cross-Border Road Transport Agency:

There were two (2) investigations conducted and reported:

(aa) C-BRTA Official; (bb) Fraud that resulted in financial loss; and (cc): The investigations were concluded in January 2016 however the disciplinary enquiry is pending internally.

(aa) C-BRTA Official; (bb) Misuse of the Agency’s credit card; and (cc): The investigation was concluded in August 2015.

(b) There were no external forensic investigations conducted from 1 January 2009 up to the latest specified date for the (ii) Cross-Border Road Transport Agency.

(ii) Road Accident Fund

The Road Accident Fund’s Forensics Investigations Department has (a) 10 415 external forensic investigation reports pertaining to possible fraudulent claims and (b) 1621 corporate investigations where RAF staff or service providers may be involved against the (ii) the Road Accident Fund, which were completed from 1 January 2009 up to the latest specified date for which information is available.

It is not possible to provide the (aa) name, (bb) subject matter and (cc) date of conclusion of each of the specified forensic reports, due to the short time frames provided and the volume of records that need to be examined, to extract the information requested. In addition, certain of the forensic reports may be subject to the mandatory protection provided by section 37 to section 39 of the Promotion of Access to Information Act, No. 2 of 2000.

(ii) Road Traffic Management Corporation

(b) Yes

ii) Yes they were forensic reports completed during the period under question

aa) ii) - Ministerial Task Team 2010

Khuthele/PWC 2009
Nkonki 2012
Open Waters 2012

bb) Subject matter

Task Team 2009
- The task team was madated to investigate and review:
- The Mandate of the RTMC
- Transferred functions and remaining functions still to be transferred to the RTMC by DOT
- The Capacity of RTMC to fulfill its mandate, including public entity oversight and transport regulation at DOT
- The Location of the eNaTIS within theDoT structures and RTMC’s preparedness to assume responsibility
- Allegations about financial mismanagement
- Impact on AARTO implementation
- Allegations about usage of transaction fees
- Broad recommendations on the effectiveness and appropriateness of RTMC
Khuthele/PWC - Alleged salary back payments that happened in 2007
Nkonki 2012 – Fraudulent transactions relating to RTMC bank accounts
Open Waters 2012 – irregularities supply chain management

cc) Date of conclusion

Task Team concluded in 2010
Khuthele/PWC investigation was concluded in 2009
Nkonki investigation was concluded in 2013
Open Waters investigations was concluded in 2013

Road Traffic Infringement Agency

(b) Yes, external forensic

(ii) Road Traffic Infringement Agency, Entity

(aa) SekelaXabiso (Pty) Ltd

(bb) Printing and Insertion of tabloids

(cc) 20 April 2015

Railway Safety Regulator (RSR)

One forensic report has been completed in the period 1 January 2009 to date:

(aa) Name of the report:

Allegations of Nepotism against the CEO by Sizwe, Ntsaluba and Gabodo (SNG)

(bb) Subject Matter:

Allegations of Nepotism against the CEO

(cc) Date of Conclusion:

August 2013

15 November 2016 - NW2359

Waters, Mr M to ask the Minister of Home Affairs

Whether a certain person (name and details furnished), has been blacklisted on his department’s databases; if so, (a) when was the specified person blacklisted, (b) on what grounds and (c) by when will the specified person’s blacklisting be lifted?

Source
Link

Reply:

(a-b) The name of the specified person does not appear on the departmental Visa and Entry Stop List. Therefore there are no restrictions placed upon her name.

14 November 2016 - NW2410

Cassim, Mr Y to ask the Minister of Transport

(1)(a) Why did the SA National Roads Agency invite tenders for the demolition and reconstruction of the weighbridge at Senekal in the Free State, (b) which companies submitted bids for the specified project, (c) what amount did each company bid, (d)(i) which company was awarded the contract and (ii) why, (e) what are the time frames for the project, (f) what amounts have been paid to date, (g) why was the project stopped and (h) how will the project be completed; (2) how are overloaded vehicles weighed in the meantime?

Source
Link

Reply:

1. (a) The Free State Department of Transport and the South African National Roads Agency SOC Limited (SANRAL) have an overload control agreement which allows for the provision and upgrading of weigh bridges along the national routes in the Free State Province. The objective is to ensure that vehicle loads are within the legal limits; as to preserve the road infrastructure. The Senekal Traffic Control Centre was one of the traffic control centres which was identified for upgrading. The existing facility was limited in terms of size and capacity and was not sufficient to provide effective overload control. The demolishing and reconstruction proved to be more cost effective than changing the existing facility to the extent required. SANRAL went out to open tender for this upgrade, as required in terms of the Treasury Regulations.

(b),(c) The construction companies that submitted tenders and their tendered prices are listed in the table below:

No.	Tenderer	Tender Amounts (incl VAT) (R)
1	UKZN PLANT HIRE (ALT)	R47 796 592.27
2	UKZN PLANT HIRE	R47 803 148.41
3	MERLCON	R47 986 877.82
4	MPFUMELELO BUSINESS ENTERPRISE	R52 834 416.07
5	UM SO CONSTRUCTION	R63 821 307.43
6	RUWACON (PTY) LTD	R75 147 065.66

(d)(i), (d)(ii) UKZN Plant Hire (ALT) was awarded the Contract as it scored the highest tender evaluation points.

(e) The project commenced on 23 March 2015. The completion date was scheduled to be the 27 June 2015.

(f) To date R11, 3 million has been paid to the Contractor.

(g) The Contractor failed to perform its duties under the contract and the Employer terminated the contract.

(h) SANRAL is in the process of retendering the outstanding work required to be completed.

2. Law Enforcement is being carried out at other facilities in the Free State Province.

14 November 2016 - NW2332

Mackenzie, Mr C to ask the Minister of Telecommunications and Postal Services

What (a) is the total amount of all (i) long-term loans and (ii) overdraft facilities secured by the SA Post Office as part of its three-year loan facility obtained from major financial institutions, (b) are the names of each of the specified major financial institutions and (c) is the (i) total amount, (ii) interest rate charged and (iii) term of each loan and/or overdraft facility?

Source
Link

Reply:

I have been informed by the South African Post Office (SAPO) as follows:

SAPO obtained a 3-year club loan from 5 local banks totalling R3.7 billion, which refinanced the previously existing loans totalling R1.0 billion. These loans are on common terms and conditions with interest rates of JIBAR plus between 2% and 2.5%. Details of exposures by bank, including specific terms and conditions such as pricing, are confidential. The loans are repayable on 14 July 2019.

The overdraft facility amounts to R270 million with no fixed termination date. This is not currently being utilised by SAPO.

(a) (i) Long- term loans= R3.7 billion

(ii) Overdraft facilities= R270 million

(b) Names of institutions are confidential

(ii) Interest rate charged = interest rates of JIBAR plus between 2% and 2.5%

(iii) The terms and conditions of each loan/ or overdraft facility is confidential. SAPO is bound by contractual obligations not to disclose more detailed information.

14 November 2016 - NW2298

Tarabella - Marchesi, Ms NI to ask the Minister of Human Settlements

Source
Link

Reply:

(a) & (b) Yes.

(i) & (ii) The relevant information is provided below.

2009/ 10

No.	Name	Subject Matter	Date of Conclusion
1	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged fraudulent/ illegal granting of low-income housing to government officials/ employees (National, Provincial & Local spheres)	January 2014
2	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
2010/ 11
	Name	Subject Matter	Date of Conclusion
3	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged fraudulent/ illegal granting of low-income housing to government officials/ employees (National, Provincial & Local spheres)	January 2014
4	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Investigation into awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
2011/ 12
	Name	Subject Matter	Date of Conclusion
5	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged fraudulent/ illegal granting of low-income housing subsidy to government officials/ employees (National, Provincial & Local spheres)	January 2014
6	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
7	SIU investigation into the affairs of the National Housing Builders Registration Council	Alleged conflict of interest over contracts worth at least R100m	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
8	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged fraudulent/ illegal granting of subsidy to government officials/ employees (National, Provincial & Local spheres)	January 2014
9	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
2013/ 14
	Name	Subject Matter	Date of Conclusion
10	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged fraudulent/ illegal granting of subsidy to government officials/ employees (National, Provincial & Local spheres)	January 2014
11	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
2014/ 15
	Name	Subject Matter	Date of Conclusion
12	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
2015/ 16
	Name	Subject Matter	Date of Conclusion
13	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.
2016/ 17
	Name	Subject Matter	Date of Conclusion
14	Presidential Proclamation R.7 of 2007 (extended by R.35 of 2010 and R.15 of 2012)	Alleged awarding and implementation of housing contracts in non-compliance with the Housing Act (No. 107 of 1997); National Housing Code and Public Finance Management Act (No. 1 of 1999)	Once the SIU investigations are finalised, reports are filed with The Presidency and therefore the Department does not have the exact completion date.

14 November 2016 - NW2229

Lorimer, Mr JR to ask the Minister of Police

(a) What is the total number of persons who were arrested for (i) possession of and (ii) dealing with drugs at the (aa) Langlaagte, (bb) Brixton, (cc) Sophiatown, (dd) Parkview and (ee) Linden Police Stations in Johannesburg, Gauteng, (aaa) in the past three financial years and (bbb) since 1 January 2016 and (b) what is the total number of the specified arrests which resulted in successful prosecution in each case?

Source
Link

Reply:

(a)(i)(ii)(aa)(bb)(cc)(dd)(ee)(aaa)(bbb)(b)

(aa) LANGLAAGTE
(a) ARRESTS
	(aaa)	(bbb)
	2013/14	2014/15	2015/16	2016-01-01 UNTIL 2016-10-21
(i) POSSESSION OF DRUGS	158	211	114	60
(ii) DEALING IN DRUGS	9	7	4	5
(b) CONVICTIONS
(i) POSSESSION OF DRUGS	81	91	54	44
(ii) DEALING IN DRUGS	5	4	3	4

(bb) BRIXTON
(a) ARRESTS
	(aaa)	(bbb)
	2013/14	2014/15	2015/16	2016-01-01 UNTIL 2016-10-21
(i) POSSESSION OF DRUGS	328	568	299	295
(ii) DEALING IN DRUGS	23	23	10	9
(b) CONVICTIONS
(i) POSSESSION OF DRUGS	299	323	121	170
(ii) DEALING IN DRUGS	8	20	7	4

(cc) SOPHIATOWN
(a) ARRESTS
	(aaa)	(bbb)
	2013/14	2014/15	2015/16	2016-01-01 UNTIL 2016-10-21
(i) POSSESSION OF DRUGS	1104	1768	1167	555
(ii) DEALING IN DRUGS	19	31	41	27
(b) CONVICTIONS
(i) POSSESSION OF DRUGS	440	592	335	325
(ii) DEALING IN DRUGS	7	10	11	17

(dd) PARKVIEW
(a) ARRESTS
	(aaa)	(bbb)
	2013/14	2014/15	2015/16	2016-01-01 UNTIL 2016-10-21
(i) POSSESSION OF DRUGS	58	47	35	6
(ii) DEALING IN DRUGS	6	6	3	2
(b) CONVICTIONS
(i) POSSESSION OF DRUGS	19	16	21	4
(ii) DEALING IN DRUGS	4	3	1	0

(ee) LINDEN
(a) ARRESTS
	(aaa)	(bbb)
	2013/14	2014/15	2015/16	2016-01-01 UNTIL 2016-10-21
(i) POSSESSION OF DRUGS	129	109	60	64
(ii) DEALING IN DRUGS	16	5	1	2
(b) CONVICTIONS
(i) POSSESSION OF DRUGS	44	52	20	12
(ii) DEALING IN DRUGS	3	4	1	0

14 November 2016 - NW2418

Van Damme, Ms PT to ask the Minister of Communications

(1) Whether a certain person (name furnished) is on her department’s payroll; if so, what (a) is the specified person’s professional designation and (b) salary does the person earn; (2) Why did her department (a) issue a press statement on 6 October 2016, distancing itself from comments made by the person who said that a certain person (name furnished) was on the right side of the Employment Equity Act, Act 55 of 1998, with regard to his qualifications and (b) subsequently withdrew the statement shortly after issuing it; (3) Whether the statement was issued with her approval; if not, what are the relevant details; if so, what is the position in this regard; (4) Whether any of her department’s staff members were disciplined for issuing the statement; if not, why not; if so, what are the relevant details? NW2800E

Source
Link

Reply:

1) No.

2) a) The statement was issued by the Media Liaison Officer (MLO) without approval by the relevant authority.

b) The MLO was directed to withdraw the statement because it had not gone through the internal approval process.

(3) The statement was not issued with the Minister’s approval.

(4) Yes, the responsible official was reprimanded.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

14 November 2016 - NW2232

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

Whether a certain person (name and details furnished) of the Buffalo City Metropolitan Municipality is implicated in any criminal proceedings; if so, what are the relevant details?

Source
Link

Reply:

The following information was provided by the municipality:

The municipality is not aware of any criminal proceedings in which the incumbent concerned is implicated.

14 November 2016 - NW2303

Mhlongo, Mr TW to ask the Minister of Police

Whether any (a) internal and/or (b) external forensic reports pertaining to (i) his department and/or (ii) each entity reporting to him were completed from 1 January 2009 up to the latest specified date for which information is available; if not, in each case, why not; if so, what is the (aa) name, (bb) subject matter and (cc) date of conclusion of each of the specified forensic reports?

Source
Link

Reply:

(a)(b)(i)(aa)(bb) and (cc)

The reply pertaining to the South African Police Service is contained in the table below.

Item No	and (b) Internal/External	(aa) and (bb) Name and Subject Matter	(cc) Date of conclusion
	External	Alleged irregularities relating to the maintenance and repairs of SAPS vehicles at the Johannesburg garage and Vereeniging auxiliary garage.	February 2011
	Internal	Allegation of corruption by Colonel Jwara and three other suspects – Roodepoort CAS 1303/05/2008.	22 March 2011
	Internal	Alleged irregularities relating to the maintenance and repairs of SAPS vehicles at the Bloemfontein garage.	30 April 2011
	Internal	Alleged irregularities pertaining to the procurement of 200 000 booklets to be utilised by Employee Health and Wellness Component.	17 October 2011
	Internal	Alleged procurement irregularities for installation and removal of communication and warning equipment at Supply Chain Management- Alrode New Vehicle Section.	7 December 2011
	Internal	Alleged irregularities of misappropriation of funds: North and South Sudan	14 March 2012
	Internal	Alleged non-payment of acting allowance and denial of promotion to the next level of Lt Col. B.E. Gaitsiwe-04824890: Human Resource Utilisation.	September 2012
	Internal	Alleged misappropriation of funds at Jericho Police Station.	January 2013
	Internal	Alleged misconduct: Lieutenant General TS Mpembe, Provincial Commissioner Limpopo – SAPS VEHICLE BVS471B.	June 2013
	Internal	Alleged irregularities pertaining to the procurement of tyres for state vehicles at Dundee Accounting Station.	May 2013
Item No	and (b) Internal/External	(aa) and (bb) Name and Subject Matter	(cc) Date of conclusion
	Internal	Alleged irregularities relating to maladministration of the Northern Cape Provincial Youth Crime Prevention Framework.	July 2013
	Internal	Alleged irregularities pertaining to the procurement of 22 000 laptops for Detective Service.	August 2014
	Internal	Alleged irregularities pertaining to leave gratuity and pension payments made to fictitious beneficiaries.	August 2014
	Internal	Alleged procurement irregularities of prefabricated units at Thabazimbi Training Academy.	August 2014
	External	Delays in payment of service termination benefits.	5 September 2014
	Internal	Alleged maladministration and irregularities of mismanagement of funds: Bishop Lavis Police Academy.	October 2014
	External	Alleged irregularities on increase of expenditure on civil claims	December 2015
	Internal	Alleged irregularities relating to procurement of accommodation for PUBLIC Order Policing members deployed in Kuruman.	April 2015
	Internal	Alleged tender irregularities for the supply and delivery of handgun retention cords – Division: Supply Chain Management.	14 April 2015
	Internal	Alleged procurement irregularities for the supply and delivery of new spare parts – Division: Supply Chain Management.	April 2015
Item No	and (b) Internal/External	(aa) and (bb) Name and Subject Matter	(cc) Date of conclusion
	Internal	Alleged loss of state money at Johannesburg Central Station – Finance Office.	10 February 2016
	Internal	Alleged misconduct against senior personnel officer and the existence of a possible syndicate in the Section: Service Absence and Termination.	March 2016
	Internal	Alleged irregularities pertaining to procurement of spare parts at SAPS Kimberley Garage.	3 May 2016
	Internal	Alleged unethical behaviour, maladministration and financial irregularities at Division: Human Resource Development Chatsworth Training Academy.	17 October 2016

14 November 2016 - NW2330

Figlan, Mr AM to ask the Minister of Telecommunications and Postal Services

1. Whether the State Information Technology Agency (SITA) has enough capacity and expertise to service the critical service level agreements it concluded with the Department of Home Affairs; if not, (a) why not and (b) what steps has his Department taken to ensure that the SITA’s capacity and expertise are improved to a satisfactory level; and 2. Whether SITA has put any (a) routine and /or (b) preventative maintenance procedures in place to ensure that the Department of Home Affairs network problems are solved before it adversely affects its services; if not, why not; if so, (i) what are the relevant details and (ii) what impact did the specified procedures have on the availability of the specified department’s services?

Source
Link

Reply:

I have been informed by SITA as follows:

1 (a) SITA currently has thirteen (13) Service Level Agreements (SLA Annexes) with the Department of Home Affairs. These services are delivered using both the SITA own personnel and external services from contracted suppliers.

These services are managed via Service Level Agreements with metrics. The service performance is regularly evaluated and monitored on a monthly basis between SITA and the Department of Home Affairs.

SITA has adequate capacity to service the SLA Annexes except that it uses Telkom to provide the last-mile for a dedicated VPN. This represents the only area of challenge since SITA does not own the infrastructure and depend on Telkom network for 92% of its connectivity. SITA is now working with Sentech to provide an additional alternative connectivity using satellite technology to minimise the challenges that have been experienced to date.

1 (b) The following actions have been implemented to increase capacity:

Appointed a specialist resource to direct the stabilisation and modernisation of the Switching Centre, supported by internal resources and external service providers;
Full assessment of the Switching Centre’s facility condition and fit for purpose assessment completed;
Identified critical items for stabilisation and modernisation and we have initiated projects to address DHA requirements;
Establishment of a full preventative maintenance contract to maintain the Switching Centre’s facility infrastructure.

2 (a) (b) Yes, SITA has routine and preventative maintenance procedures, managed through IT Service Management System.

(i) (ii) SITA has regular monthly Service Level Meetings with the Department of Home Affairs and also with the Service Provider (Telkom). To minimise the causes of poor network connectivity SITA is working with the State Owned Companies such as Sentech to build additional alternative network that will be activated when terrestrial network is impacted. The satellite system will ensure that the DHA office has service as per the signed Service Level Agreements; therefore DHA does not need to close their offices when a network breakdown is experienced.

14 November 2016 - NW2289

Cassim, Mr Y to ask the Minister of Cooperative Governance and Traditional Affairs

Whether any (a) internal and/or (b) external forensic reports pertaining to (i) his department and/or (ii) each entity reporting to him were completed from January 2009 up to the latest specified date for which information is available; if not, in each case, why not; if so, what is the (aa) name, (bb), subject matter and (cc) date of conclusion of each of the specified forensic report?

Source
Link

Reply:

The department has commissioned seven (7) cases of financial and forensic investigations since 1 April 2012. The nature and details of the cases are as follows: -

Case Number	Name	Subject Matter	Date of Conclusion
1	NDMC Report	Irregularities in the information technology infrastructure at the National Disaster Management Centre (NDMC)	20/09/2013
2	Suka Report	Various allegations, complaints and/or queries relating to the implementation of the Community Work Programme (CWP)	27/09/2013
3	SANACO Report	Investigation into allegations of mismanagement of funds of the Department of Cooperative Governance by the South African National Cooperative Limited (SANACO)	In Progress
4	Payroll Fraud	Allegations of fraud and corruption by an official at the Municipal Infrastructure Support Agent (MISA)	May 2016
5	CWP Forensic Audit	Possible financial irregularities relating to the implementation of the Community Work Programme (CWP)	In Progress
6	Allegations of financial misconduct	Subsistence and travel irregularities	August 2015
7	Allegations of financial irregularities by a service provider	Various allegations of improper procurement of the travel management solution and abuse of travel benefits	September 2016

The cases listed above, have been referred to the Internal Audit Unit for further investigation and consequence management. Once the investigation is finalised, the details thereof will be communicated accordingly.

14 November 2016 - NW2337

Breytenbach, Adv G to ask the Minister of Justice and Correctional Services

With reference to the 2015/16 annual report of the National Prosecuting Authority (NPA), (a) what are the relevant details of the ongoing training offered to the prosecutors of the NPA to address declining levels of skills, (b) at what level is the specified training being offered and (c) by whom; and 2) (a) what are the relevant details of the ongoing mentoring offered to the prosecutors of the NPA to address declining levels of skills, (b) at what level is the specified mentoring being offered, (c) by whom and (d) what form does the mentoring take?

Source
Link

Reply:

1 (a) Prosecutors receive training on legal topics which include the following:

1. Admissibility of evidence statements: the purpose of the programme is to ensure that prosecutors know the difference between a confession, an admission and a pointing out and when these statements are admissible and when they are not.

2. Advanced environmental crimes programme with emphasis on “brown” environmental issues: the purpose of the programme is to ensure that prosecutors have an overall knowledge of what environmental crimes entail.

3. Advanced trial advocacy: the purpose of the programme is to ensure that prosecutors understand how our adversarial system is used to uncover facts and to acknowledge the role of the prosecutor within the system.

4. Child pornography and related offences: the purpose of the programme is to ensure that prosecutors have an understanding of offences relating to child pornography.

5. Civil applications training: the purpose of this training is to ensure that prosecutors know how to deal with motion applications

6. Counter terrorism and international crimes: the purpose of this programme is to equip prosecutors on how to manage investigations and prosecute crimes which impact on State security, both nationally and internationally.

7. Corruption and fraud: the purpose of the programme is to ensure that prosecutors know and are able to prove the elements of crimes applicable to corruption and fraud.

8. Cyber-crimes: the purpose of the programme is to ensure that prosecutors have an understanding of cyber-crimes and applicable legislation.

9. Evidence involving the use of communication technology: the purpose of the programme is to ensure that prosecutors have a basic overview of the new offences in the Cyber-crimes and Related Matters Bill and the Cyber-crimes and Cybersecurity Bill, 2015.

10. Forensic experts programme: the purpose of the programme is to ensure that prosecutors have an understanding of forensic evidence presented in court and how to deal with it when presented.

11. High court bridging programme: the purpose of the programme is to ensure that prosecutors are prepared and groomed to prosecute in the high court.

12. Immigration and related offences programme: the purpose of the programme is to ensure that prosecutors have an understanding of immigration and related offences including offences under the Immigration Act, 2002 (Act No 13 of 2002).

13. Law of evidence: basic principles programme: the purpose of the programme is to ensure that prosecutors know and apply the basic principles of the law of evidence.

14. Legal writing, indictments; charge sheets and related topics: the purpose of this training is to ensure that prosecutors are able to draw up charge sheets; indictments and heads of arguments in line with the prescripts of the law.

15. Mediation and alternative dispute resolution mechanisms programme: the purpose of the programme is to ensure that prosecutors have an understanding of mediation and alternative dispute resolution mechanisms.

16. Organised crime: advanced programme: the purpose of the programme is to ensure that prosecutors have an understanding of the provisions of the Prevention of Organised Crime Act, 1998 (Act No 121 of 1998).

17. Psychiatry / psychology and the law programme: the purpose of the programme is to ensure that prosecutors have an understanding of psychology and psychiatry in general which include amongst others topics such as: personality disorders, psychometric personality tests; mental retardation / psychometric intellectual functioning tests and non-pathological criminal incapacity.

18. Trial Advocacy training: The purpose of the programme is to ensure that prosecutors understand how our adversarial system is used to uncover facts and to acknowledge the role of the prosecutor within the system. This includes analysing skills in the screening of cases ready for institution of prosecution; identification of the offence and evaluation of the evidence.

19. Stock theft and related offences programme: the purpose of the programme is to ensure that prosecutors know and apply the applicable legislation relating to stock theft (Stock Theft Act, 1959 (Act No 57 of 1959)).

20. “Trio” and other serious violent crimes programme: the purpose of the programme is to ensure that prosecutors know and are able to prove the elements of crimes and be aware of the relevant competent verdicts and minimum sentences.

Over and above legal issues, prosecutors are trained by Justice College on Management Programmes aimed at equipping them with the necessary knowledge to be effective managers within the NPA.

(b) Training programmes are offered at basic; intermediary and advanced level, depending on the level of the skills of learners identified to attend the programme.

(c) All training programmes above are conducted by Justice College with the assistance of experienced prosecutors within the NPA.

Further to this the Sexual Offences and Community Affairs Unit (SOCA) offers training to prosecutors on the following:

Sexual Offences;
Maintenance;
Child Justice;
Domestic Violence and
Trafficking in Persons

2 (a) Regarding the question relating to what are the relevant details of the ongoing mentoring offered to the prosecutors of the NPA to address declining levels of skills, (b) at what level is the specified mentoring being offered, (c) by whom and (d) what form does the mentoring take, I have been informed as follows:

(a) The NPA is at this stage offering mentoring as part of on-going on the job training. This is done through the pairing of less experienced prosecutors with those more experienced in particular fields of criminal law / prosecution.

(b), (c) and (d): This training strategy is applied from entry level into prosecution, where aspirants are placed under the mentorship of both a tutor and a senior prosecutor. For more senior level prosecutors, allocation of cases under supervision also serves as part of the mentoring programme that is in place, as well as rotation of prosecutors to give exposure to different kinds of prosecutions / cases.

14 November 2016 - NW2334

Mackenzie, Mr C to ask the Minister of Telecommunications and Postal Services

With reference to the R149 107 000 incurred for fines and penalties listed in the SA Post Office’s 2015-16 Annual Report, ( a) which entities levied the fines and/or penalties, (b) what are the respective amounts and (c) what was the reason for each penalty and / or fine incurred. (2) Whether any of the specified penalties and/or fines have been recovered; if not, in each case, why not, if so, in each case, (a) from which entity were the penalties and or/ fines recovered and (b) what amount was recovered in each case?

Source
Link

Reply:

I have been informed by the South African Post Office (SAPO) as follows:

1. (a) The entities that levied penalties are the Payment Association of South Africa (PASA) and Telkom.

(b) The total amount of penalties incurred was R1 million. The remaining R148 million of the R149 million in question relates to a provision for possible VAT liability.

2. (a) and (b) No specified penalties and/or fines have been recovered because there is no basis for the recovery. The penalties were levied on amounts for which work was done for SAPO. In the case of PASA, the organisation regulates banking and card transactions on behalf of the South African Reserve Bank (SARB). In the case of Telkom, the entity rendered telephony and data services to SAPO. In the case of provision for a possible VAT liability, SAPO has made the calculation based on a worst case scenario in terms of the VAT Act and it has requested the directive from the South African Revenue Services (SARS) to obtain certainty on the assumptions to be made in the calculations.

14 November 2016 - NW2234

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

Whether the Special Investigating Unit’s (SIU) investigation into municipalities in Limpopo, specifically the (a) Elias Motsoaledi Local Municipality and (b) Sekhukhune District Municipality have commenced yet; if not, in each case, why not; if so, in each case, (i) what is the current status of the investigation and (ii) on what date is it anticipated that the investigation will be completed?

Source
Link

Reply:

The following information was provided by the SIU:

Yes, the SIU investigations within the two municipalities have commenced. The SIU has been mandated to investigate allegations, as contemplated in Section 2(2) of the SIU Act, in respect of the affairs of (a) the Greater Sekhukhune District Municipality and (b) the Elias Motsoaledi Local Municipality as authorized by Proclamation R59 of 2016 published in Government Gazette No. 40348 dated 14 October 2016.

(i) The SIU commenced with the investigation within the two municipalities on 14 October 2016 and the investigation is in its initial stages; namely, project planning and set up. The initial stages are anticipated to be completed by 14 December 2016.

(ii) The SIU will only be in a position to advise of the anticipated end date of the investigations once they have gathered all the necessary documentation and the project planning stage completed.

14 November 2016 - NW2216

Grootboom, Mr GA to ask the Minister of Arts and Culture

(1) Whether with reference to his department’s 2015-16 annual report wherein the Auditor- General of South Africa indicated that his department was in dereliction of its duties by incurring irregular expenditure, any action has been taken against the management of his department; if not, why not; if so, what are the relevant details; (2) whether he has subsequently instituted any management strategies to prevent the reoccurrence of dereliction of duties in the future; if not, why not; if so what are the relevant details of the strategies that have been instituted?

Source
Link

Reply:

I have taken note of the observations made by the Auditor General, as a result of his observations, investigations were done and all the implicated officials are being taken through the disciplinary process as we speak.
I have instructed the ADG and his team to develop a plan to combat future occurances of this nature. This plan contains amongst others the following:

Demand & Acquisition Unit to verify that supplier have quoted according to specifications. If not an approved motivation to attached prior to appointment.
Demand & Acquisition Unit to test the validity of the motivation against the set criteria in the SCM policy
Suppliers who are unable to submit a valid tax certificate to be automatically disqualified. SCM officials to verify that suppliers are registered in the National Treasury central supplier database, and that their tax status is compliant
Demand & Acquisition Unit to provide and attach proof that various suppliers were approached and given opportunity but still it was not possible obtain the prescribed minimum number of quotations.
It is now a mandatory requirement as per National Treasury SCM Instruction note 4 A of 206/2017 to utilise service providers that are registered on the Central Supplier Database. Demand & Acquisition Unit to obtain quotations strictly from suppliers registered on the CSD.
An official in the Office of CFO to be assigned to review compliance with SCM prior to processing of orders or appointment of suppliers

14 November 2016 - NW1561

Lotriet, Prof A to ask the Minister of Social Development

(a) What amount did (i) her department and (ii) each entity reporting to her spend on advertising in the 2015-16 financial year and (b) how much has (i) her department and (ii) each entity reporting to her budgeted for advertising in the 2016-17 financial year?

Source
Link

Reply:

I would like to refer the Honourable Member to my reply to Parliamentary Question 2106 of 2016 asked by Honourable EJ Marais on a similar matter.

14 November 2016 - NW2343

Tarabella - Marchesi, Ms NI to ask the Minister of Justice and Correctional Services

Whether any measures have been put in place to address the decline of 11,4% of National Prosecuting Authority cases finalised with court verdicts from 2010 to date; if not, why not; if so, what are the relevant details?

Source
Link

Reply:

I have been informed that in the NPA’s annual report, the year-on-year decline in the achievements of this indicator, was indicated. A comparative analysis with the achievements during previous years indicates a gradual decline of 11.4% from 2009/10 in the number of cases finalised with a verdict. The decline may be correlated with a similar decline of 17.2% in the influx of new cases and a 12.8% reduction in court hours.

The courts finalised 310 850 verdict cases with a conviction rate of 93% (289 245 convictions). Compared to the previous year, 8 299 (2.6%) fewer cases were finalised with a verdict. The high conviction rate illustrates the focus on high quality prosecutions, notwithstanding the reduction in cases finalised. The progress per forum during 2015/16 is indicated in the table below:

Table 6: Progress on cases finalised with a verdict

FORUM	2014/15	% of National	2015/16	% of National	Progress
HIGH COURT	978	0,3%	1012	0,3%	3,5%
REGIONAL COURT	33 430	10,5%	31 832	10,2%	-4,8%
DISTRICT COURT	284 741	89,2%	278 006	89,4%	-2,4%
ALL	319 149	100,0%	310 850	100,0%	-2,6%

A decline in performance is noted in both lower court forums compared to the previous year. The regional courts finalised 1 598 (4.8%) fewer cases and the district courts 6 735 (2.4%). The high courts managed to finalise 34 more cases during this period, which represents an improvement of 3.5% compared to the corresponding period during the previous year.

The NPA furthermore indicated that in order to save valuable court time and speed up the finalisation of cases without impeding on the quality of prosecutions, a total of 1 901 plea and sentence agreements were successfully concluded, comprising of 7 066 counts (see Appendix 1 at the end of the annual report for a full list). This represents an increase of 8.2% compared to 1 757 agreements concluded last year. Even though the number of agreements concluded does not appear to be significant if compared to the total number of finalised cases, the counts involved in these matters would have taken up valuable court time had trials been conducted. In 15 of the cases, the counts involved more than 100 counts per case.

Enhanced screening processes may impact on the number of new cases as prosecutors ensure, as far as possible, to enrol only trial ready matters. In order to curb the notion that prosecutors are selective with cases dealt with, the number of withdrawals is also measured to ensure quality prosecutions and a just outcome in all cases. The comparison indicates a positive reduction of 17.7% in the number of cases withdrawn in all courts.

The NPA has informed me 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 finalization of cases. However, these are monitored and reported at the Provincial Efficiency Enhancement Committee (PEEC) meetings, chaired by the Judges President in each province.

14 November 2016 - NW2233

Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs

(1)Whether ward committees are dissolved by his department or the local municipal council on a local government election day; if not, what is the position in this regard; if so, (2) Whether all ward committees were dissolved in all municipalities on 3 August 2016; if not, in each case, (a) why not and (b) what are the names of the municipalities where ward committees were not dissolved, (3) Whether any costs were incurred for any ward committees that were not dissolved on 3 August 2016 after the local government elections; if so, what are the relevant details in each case? NW2563E

Source
Link

Reply:

1) Ward committees are dissolved by local municipal councils in line with the Local Government Municipal Regulations for the Term of Office of Ward Committee Members (2009). The Regulations seek to regulate the implementation of section 75 of the Local Government: Municipal Structures Act, no.117 of 1998, which provides for the alignment of the term of office of ward committees to that of municipal council (5 years).

(2)(a)In line with section 75 of the Municipal Structures Act all ward committees across provinces and municipalities were dissolved and ceased to exist from 3 August 2016 with the exception of two local municipalities in the province of Kwazulu Natal.

Ward Committees in the two municipalities were allowed to serve beyond the approved term of office to ensure and allow for smooth transition and provide hand over reports to new councils and were only dissolved at the end of September 2016.

The following are the municipalities where ward committee served beyond the approved term of office:

Ingwe Local Municipality, and
Emadlangeni Local Municipality

(3) The following table reflects details of costs incurred per municipality:

Municipality	Number of wards	Cost incurred
Ingwe	11	90 000
Emadlangeni	04	58400

14 November 2016 - NW2363

Van Dyk, Ms V to ask the Minister of Communications

(1) What amount in advertising revenue did each small community print media project which is supported by the Media Development and Diversity Agency (MDDA) generate (a) in the (i) 2011-12, (ii) 2012-13, (iii) 2013-14, (iv) 2014-15 and (v) 2015-16 financial years and (b) since 1 April 2016; (2) Whether the MDDA has put any succession plans in place to assist small community print media projects in mitigating instabilities affecting the delivery of planned targets; if not, why not; if so, what are the full relevant details?

Source
Link

Reply:

1. (a) (i), (ii), (iii), (iv) and (v) The MDDA publishes advertising revenue generated by each small community print media project which is supported by the Media Development and Diversity Agency (MDDA) via the Milele Group and the Government Communication Information System (GCIS) in its annual report. These are available on request. The MDDA does not have direct access to detailed advertising income until it receives annual reports from media buyers and the GCIS. To provide a comprehensive breakdown per community print project requires a survey in order to give justice in responding to this question as we do not have readily available information within the specified time.

(b) Information on advertising revenue generated by each small community print media project which is supported by the MDDA via the Milele Group and the GCIS is consolidated on an annual basis for publication in the MDDA annual report. The MDDA does not have direct access to detailed advertising income until it receives annual report from media buyers and the GCIS. To provide a comprehensive breakdown on advertising revenue generated per community print project since 1 April 2016 requires a survey in order to give justice in responding to this question as we do not have readily available information within the specified time.

2. (a) Yes, the MDDA has succession plans in place to assist small community print media projects in mitigating instabilities affecting the delivery of planned targets, via established partnerships to capacitate the print sector on content development. These partnerships include arrangements with Soul City, AIP, SAASTA and SEDA, ongoing engagement with the Big4, ongoing engagement with the GCIS on media buying and planned engagement with SALGA and all state organs on media buying.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

14 November 2016 - NW2409

Cassim, Mr Y to ask the Minister of Transport

With reference to her reply to question 1924 on 27 September 2016, (a) what are the relevant details of each course offered, (b) since what date has each of the specified courses been offered, (c) how are the courses accredited and (d) what procedures have been put in place to (i) monitor and (ii) maintain the required standards of the (aa) courses and (bb) lectures?

Source
Link

Reply:

(a) what are the relevant details of each course offerThe current course material presented i.e. Examiners of Vehicles and Examiner for Driving Licenses are accredited programmes consisting of the following Unit Standards:

UNIT STANDARD TITLE	NUMBER	NQF LEVEL
EXAMINERS OF VEHICLES
Examine vehicles for road-worthiness	336639	Level 4
Demonstrate knowledge and understanding of basic vehicle components	377200	Level 4
Examine light motor vehicles for fitness and road-worthiness	377223	Level 4
Engage in sustained oral/signed communication and evaluate spoken/signed texts	119462	Level 4
EXAMINERS FOR DRIVING LICENCES
Examine candidates for the learners drivers licence	256522	Level 3
Examine for a driving licence - Grade D	377227	Level 4

(b)

The Examiner for Driving Licences course Grade F and L (US 256522) – 22 July until 19 August 2016.
The Examiner for Driving Licences course Grade D (US 377227) – 22 August until 16 September 2016.
The Examiner of Vehicles course - 19 September until 08 December 2016.

All courses are presented by the RTMC’s Training Provisioning Unit in collaboration with Boekenhoutkloof, a SASSETA accredited, Traffic Training College;
The courses are based on SAQA registered Unit Standards as set out in item (a) above;

(d) (i) monitor:

The College Management conducts monitoring of training.
A post course evaluation questionnaire is developed and handed to learners at the end of the training programme and feedback is obtained from the learners.
Internal moderation of assessments by Training Provisioning Unit and Internal Verification of assessments by the Corporation’s Training and Development Unit are conducted. SASSETA conducts External Verification of assessments for the purpose of certification

(ii) maintain the required standards:

of the (aa) courses – The national standardized training material for both courses are presented in line with the Policy Document for Traffic Training Centres, Government Gazette 34292, dated 16 May 2011;
and (bb) lectures? - Lecturers are appointed in compliance with the Policy Document for Traffic Training Centres.

14 November 2016 - NW2416

Van Damme, Ms PT to ask the Minister of Communications

Whether the Group Executive of Corporate Affairs of the SA Broadcasting Corporation, Mr Hlaudi Motsoeneng, recently cancelled a paid-for-feature in Metro FM’s Talk with Rams; if so, (a) why did the specified person cancel the specified segment, (b) what are the relevant details of the process followed to cancel the segment and (c) in what capacity did the person cancel the segment?

Source
Link

Reply:

No. The decision was made by the Metro FM Programme Manager.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

14 November 2016 - NW2333

Mackenzie, Mr C to ask the Minister of Telecommunications and Postal Services

(a) How many qualifying bargaining unit employees of the SA Post Office qualified for back payments during the period 1 April 2014 to 30 November 2014 and (b) What is the total cost of the specified back payments?

Source
Link

Reply:

I have been informed by the South African Post Office (SAPO) as follows:

(a) The total number of qualifying bargaining unit employees is 16 820. This is 100% of bargaining unit employees who were still in the employ of the company at the time of signing the agreement.

(b) The total cost of back payments was R82.4 million.

14 November 2016 - NW2314

Malatsi, Mr MS to ask the Minister of Telecommunications and Postal Services

Source
Link

Reply:

I have been advised by the Department and Entities reporting to me as follows:-

Department’s Internal Forensic Reports

(a) (i) No

Department’s External Forensic Report

(b) (i) Yes

(aa) Gobodo Forensic and Investigative Accounting

(bb) (1) Forensic investigation to audit qualifications as stated in the report of the Auditor-General for the year ended 31 March 2010;

(2) Forensic Accounting Investigation into alleged irregularities pertaining to travel agents;

(3) Forensic Accounting Investigation into Soundfusion (Pty) Ltd;

(4) Forensic Accounting Investigation Draft FCB Social Marketing; and

(5) Forensic Accounting Investigation into aspects associated with the 112 Emergency Call Centre in the Strand, Western Cape Province.

(cc) The above-mentioned reports were concluded on 26 March 2012.

(a)(ii) SOC’s Internal Forensic Report

Entity	Reply
Sentech	No
zaDNA	No
Nemisa	No
USAASA	Yes
SITA	Yes
Broadband Infraco	Yes
SAPO	Yes

(b)(ii) SOCs External Forensic Report

Entity	Reply
Sentech	Yes
zaDNA	No
Nemisa	No
USAASA	Yes
SITA	Yes
Broadband Infraco	Yes
SAPO	Yes

(ii) (aa) (bb) (cc)

Entity:	External/ internal	Name (aa)	Subject matter (bb)	Date of conclusion (cc)
Sentech	External	Leaking of confidential information at Payroll	Investigation on the leaking of confidential information	30 June 2013
	External	Leaking of sensitive information	Investigation on a Board document that was leaked to the Union	30 September 2015
	External	Nepotism in Human Resources (HR) appointments	Investigation on alleged nepotism in HR with regard to appointment of personnel and misuse of company resources	31 January 2016
	External	Sabotage in the information technology (IT) environment and SAP system crashes	Investigation on the sabotage of the SAP system	30 June 2016
Universal Service and Access Agency of south Africa (USAASA)	Internal	Gobodo	Value for money audit: Investigate and express an opinion on the value for money derived from the listed tenders and/or contracts awarded to service providers Investigate and conduct background inquiries of firms or individuals Investigate and can conduct the verification of equipment supplied to access centres around the country and determine the value of money thereof Gather documentary evidence Review project related documentation, including contract documents of the list of service provider which render the services and/or goods to USAASA with a view of expressing an opinion on the value for money Conduct interviews of involved parties, including the service providers and project managers is required	5 May 2013
	Internal	The Firm	The Board of Directors of USAASA received information relating to allocations of material breaches of USAASA’s supply chain management processes and procedures, human resources processes, governance processes and non-compliance with the duly approved delegation of authority of the agency.	30 April 2013
	External	Special Investigating Unit (SIU)	This investigation and subsequent court action brought by the SIU dealt with the appointment of the previous CEO, Mr Zami Nkosi.	The matter was withdrawn as a result of the end of term of Mr Nkosi at the end of March 2016.
	External	Public Protector	Investigation into allegations of maladministration with regard to the irregular appointment of Ms. Sharonne Scheepers.	This investigation is not finalised as yet.
	External	DoC/NT/PWC	Forensic investigation into the Supply Chain Management process followed by USAASA in appointing a panel of service providers for the Broadcasting Digital Migration programme.	This investigation is not finalised as yet.
State Information Technology Agency (SITA)	Internal	Internal	Abuse of Resources 24 Absenteeism 11 Procurement 104 Irregularities Appointment 61 Irregularities Financial 41 Conflict of Interest 12 Fraud 6	2009-2016
	External	External Forensic	Abuse of Resources 1 Absenteeism Procurement Irregularities 6 Appointment Irregularities 1 Financial Conflict of Interest 1 Fraud	2013-2014
Broadband Infraco (BBI)	Internal	Investigator: BBI’s Enterprise Risk Management	Alleged HR Irregularities: (Snr Manager Supply Chain Management [SCM] and Snr Manager Strategy Leadership)	29 October 2015
	Internal	Investigator: BBI’s Enterprise Risk Management	Alleged Leave Irregularities: (Snr IT Manager & IT Administrator	20 March 2015
	Internal	Investigator: BBI’s Enterprise Risk Management	Alleged SCM Non-Compliance (Snr IT Manager)	9 January 2015
	External	Investigator: KPMG	Alleged Recruitment Irregularities (HR Specialist - Ms Betty Mphuthi)	12 Feb 2014
	External	Investigator: KPMG	Alleged Procurement Irregularities (Bruniguel and P-Net)	12 Feb 2014
	External	Investigator: KPMG	Alleged Procurement Irregularities (Accenture Consulting)	07 Nov 2014
	Internal	Investigator: BBI’s Internal Audit Department	Alleged Payment Irregularities (Bakhuthi Trading CC)	28 Nov 2014
	Internal	Preliminary Investigation: BBI’s Internal Audit Department Full Investigation: KPMG	Alleged Employment Irregularities (Two Procurement Specialists	28 Nov 2014
	Internal	Preliminary Investigation: BBI’s Internal Audit Department Full Investigation: KPMG	Alleged Employment Irregularities	28 Nov 2014
	External	Investigator: SizweNtsalubaGobodo(SNG)	Alleged fibre optic cable framework agreements Irregularities (Inyani Civil Works & Plant Hire, Thuthuka Projects, and Kopanya Projects (Pty) Ltd Service Providers	30 Nov 2010
	External	Investigator: SNG	Alleged tender process Irregularities (Occupational Care South Africa [OCSA] and Broadband Infraco)	25 April 2011
South African Post Office (SAPO)	Internal	SAPO Security & Investigations: Forensic Unit 2009-2016	The internal forensic investigations unit received four hundred and ninety-eight (498) complaints that included allegations of fraud, theft, misconduct, negligence, armed robbery, sexual harassment, assault, financial misconduct, postal crime, etc. All cases received from 1 January 2009 until September 2016 have been finalised. Line management, together with Employee Relations have prioritised the implementation of pending recommendations for disciplinary action for the current financial year, where applicable.	30 September 2016
	External	SSG	Maladministration	February 2013
	External	Special Investigating Unit (SIU)	Maladministration and corruption	February 2014
	External	Public Protector	Alleged irregular appointment of a service provider, Resurgent Risk Managers by SAPO in 2013	Public Protector has not yet issued a report

14 November 2016 - NW1699

Maynier, Mr D to ask the Minister of Finance

(1)Whether the SA Reserve Bank provided persons mentioned in the final report of the investigation conducted by Advocate John Myburgh into the collapse of African Bank, entitled African Bank Limited: Investigation in terms of s69A of the Banks Act, 94 of 1990, with an opportunity to review the specified report prior to the report (a) ceasing to be confidential and (b) being referred to the National Prosecuting Authority; if not, in each specified case, why not; if so, in each specified case, why; (2) whether any person made representations and/or comments on the specified report in this regard; if not, why not; if so, what are the names of each such person; (3) whether a firm of attorneys was instructed to manage the specified process of receiving representations and/or comments on the specified report; if not, why not; if so, what (a) is the name of the firm of attorneys employed and (b) was the (i) total cost and (ii) breakdown of such costs of employing the specified attorneys?

Source
Link

Reply:

The Registrar of Banks at the South African Reserve Bank is responsible for bank supervision, and has provided the following response to my office:

1. In February 2016, the deputy governor responsible for bank supervision appeared before the Standing Committee on Finance where these questions were addressed. In terms of section 69A(13) of the Banks Act, the Myburgh Report was private and confidential unless the Registrar, after consultation with the Minister of Finance, either generally or in respect of any part of such report, directed otherwise. In his consideration of the matter, the Registrar was in law required to follow due process, which entailed affording persons referred to in the report insight into the report and the right to make representations, for consideration by the Registrar prior to taking a decision about its confidentiality. Accordingly, the process and procedures set out hereunder were followed, and the relevant representations duly considered by the Registrar before his decision (involving the Minister) was taken to terminate the confidentiality of the Myburgh Report. A copy of the Myburgh report was subsequently forwarded to the National Prosecuting Authority for its consideration.

(a) In order to ensure a procedurally fair process, prior to the Registrar taking the decision contemplated in section 69A(13) of the Banks Act, it was decided –

i. to communicate with those persons referred to in the Myburgh Report in order to provide them with the opportunity to review the report and to call for comments or representations by them with regard to why the Registrar should not direct, after consultation with the Minister, that the Myburgh Report should no longer be private and confidential;

ii. that comments and/or representations received would be considered by the Registrar; this consideration was only with respect to removing the confidentiality of the report and not with respect to any change of the report itself; and

iii. that the Registrar would then decide, after consultation with the Minister, whether the Myburgh Report generally or in respect of any part thereof, should no longer be private and confidential.

(b) To this end, Werksmans Attorneys ("Werksmans") were instructed by the South African Reserve Bank ("SARB") and the Registrar to write to each person referred to in the Myburgh Report and invite them to –

(i) review the Myburgh Report; and

(ii) make written representations, should they so elect, regarding the status of the Myburgh Report and more particularly why the Registrar should not direct, after consultation with the Minister, that the Myburgh Report should no longer be private and confidential.

2. Werksmans wrote to the 37 individuals and entities (including the insurers who provided the directors and officers insurance cover in respect of African Bank Limited (“ABL”)) who were specifically referred to in the Myburgh Report, during the second and third weeks of September 2015. Most of the individuals and entities were addressed through their legal representatives who had represented them before the Commissioner during the latter part of 2014 and early 2015. They were afforded the opportunity, against the signing of appropriate confidentiality undertakings, to review the Myburgh Report, and to make written representations up and until 20 November 2015.

Of the 37 individuals or entities invited to review the Myburgh Report and make written representations, 35 of them took up the invitation and reviewed the Myburgh Report during the aforementioned period. Of those who reviewed the Myburgh Report, 32 of them were represented by legal representatives. In total more than 60 individuals, including legal representatives and representatives of companies and organisations, reviewed the Myburgh Report, during the review period. Of the 35 individuals or entities who reviewed the Myburgh Report, 22 of them submitted written representations (or at least submitted a letter of no objection) by 20 November 2015.

Of the written representations received, a significant majority objected to any decision taken which could result in the Myburgh Report or any part thereof no longer being private and confidential.

3. As indicated above, (a) Werksmans Attorneys of Sandton were used to conduct the process on behalf of the Registrar. (b) (i) The total costs amounted to some R11,8 million, which included the fees of Commissioner Myburgh and his two assistants.

14 November 2016 - NW2136

Masango, Ms B to ask the Minister of Social Development

(1)Whether the cards used by the current social grant recipients to receive their social grants each month will expire when the SA Social Security Agency’s (SASSA) contract with Net1 comes to an end on 31 March 2017; if not, why not; if so, what plans have been put in place to ensure that the specified recipients can access their grants once the specified contract ends; (2) (a) what are the relevant (i) details of the transitional plans that (aa) her department and/or (bb) SASSA have put in place to ensure that there is no interruption in the distribution of social grants to the grant recipients once the contract with Net1 ends on 31 March 2017 and (ii) details of the processes that will be involved for the grant recipients, (b) from which budget will the specified transitional plans be funded and (c) which of the various work streams set up by her department to action the transition of the distribution of social grants from Net1 to SASSA will be in charge of ensuring the smooth (i) operation of the transitional plans and (ii) distribution of social grants?

Source
Link

Reply:

(1) I would like to inform the Honourable Member that the SASSA beneficiary card has two encryptions, namely the UPS encryption which expires in March 2017 and the MasterCard encryption which expires in December 2017.

(2) With regard to the transitional plans, I have already informed the Honourable Member of the work currently underway through the five work streams to oversee this process and to ensure a smooth transition that will ensure a seamless transition and that no single beneficiary will be negatively affected by this transition.

14 November 2016 - NW2126

Alberts, Mr ADW to ask the Minister of Finance

(1)Whether there is any indication that the application of the clean-break principle when a member of the Government Employees’ Pension Fund (GEPF) gets divorced will be discontinued; if not, why not; if so, what are the relevant details; (2) whether the GEPF has done any research to establish what the unintended consequences are for members who get divorced when the disbursed portion is converted into an automatic loan; if not, why not; if so, what are the relevant details; (3) what is the (a) legal basis and (b) directive judgment that establishes the practice whereby a loan is created without the member having a say in and regarding its creation?

Source
Link

Reply:

The following information was submitted by the Government Employees Pension Fund (GEPF) Board:

(1) The Board of Trustees has already decided to amend the implementation of the clean-break principle on divorce. It will be discontinued when the Government Employees Pension Law is amended and all the relevant approvals are granted.

(2) Yes, research was done and the GEPF board was comfortable that there would be no unintended consequences.

(3) This matter is currently sub judice.

14 November 2016 - NW2235

Marais, Mr S to ask the Minister of Defence and Military Veterans

With reference to her reply to question 1708 on 11 October 2016, what was the (a) total amount spent on the trip of a certain person (name furnished) to the Republic of Cuba and (b) detailed breakdown of the specified amount in terms of (i) flight tickets, (ii) accommodation, (iii) car rental and (iv) any other relevant expenses?

Source
Link

Reply:

(a) and (b)

(i) Flight tickets

A total amount of R 442 643.52 was spent on flight tickets on the trip to Cuba by the CSANDF and his delegation from 13-19 June 2016.

(ii) and (iii)

Accommodation, car rental and all other expenses were catered for by the host.

14 November 2016 - NW2265

Mbhele, Mr ZN to ask the Minister of Police

With reference to his reply to question 2099 on 6 October 2016, (a) what are the details of the adverts in respect of the amount that was spent on advertising on the (i) Africa News Network 7 channel and (ii) South African Broadcasting Corporation television channels (aa) in the 2015-16 financial year and (bb) since 1 April 2016, (b) what was the purpose of each advert, (c) when did each of the specified adverts air, (d) how many times did each advert air, (e) what was the cost of each airing and (f) how long was each of the adverts?

Source
Link

Reply:

(a) The details of the adverts in respect of the amount that was spent on advertising, are as follows:

(a)(i) Africa News Network 7 channel - The Minister of Police, Mr NPT Nhleko, introduced the acting National Commissioner and discussed the Farlam Commission’s recommendations; police murders and the Acting National Commissioner’s plans for the SAPS, among other things on The New Age (TNA)’s breakfast show.

(a)(ii) South African Broadcasting Corporation’s television channels – the Russia-Africa Anti-Drug Conference and Commemoration Day.

(a)(ii)(aa) The Russia-Africa Anti-Drug Conference.

(a)(ii)(bb) The South African Police Service (SAPS)’s National Commemoration Day.

(b) The purpose of the Russia-Africa Anti-Drug Conference advert was to publicise the conference and its intentions.

The purpose of the National Commemoration Day advert was to sensitise the public to the hosting of the National Commemoration Day in remembrance of SAPS members who had passed away in the line of duty during the 2015/2016 financial year.

The National Commemoration Day was aired on 29 August 2016.

(d) The Russia-Africa Anti-Drug Conference was aired for a total of 12 slots (one slot on SABC 1, five slots on SABC 2 and six slots on SABC 3).

The National Commemoration Day was aired for a total of 20 slots (seven slots on SABC 1, ten slots on SABC 2, and three slots on SABC 3).

(e) Africa News Network 7 channel, at a cost of R958 662,84.

South African Broadcasting Corporation’s television channels, the Russia-Africa Anti-Drug Conference airing cost R253 000,00 and the National Commemoration Day airing cost R786 600,00.

(f) The length of the Russia-Africa Anti-Drug Conference advert was 60 seconds.

The length of the National Commemoration Day advert was a 10-seconds news clock. This is an advert in the form of the news clock and was aired before the start of the news.

14 November 2016 - NW2106

Marais, Mr EJ to ask the Minister of Social Development

What amount did (a) her department and (b) each entity reporting to her spend on advertising on the (i) Africa News Network 7 channel, (ii) SA Broadcasting Corporation (aa) television channels and (bb) radio stations, (iii) national commercial radio stations and (iv) community (aa) television and (bb) radio stations (aaa) in the 2015-16 financial year and (bbb) since 1 April 2016?

Source
Link

Reply:

(a),

The National Department of Social Development did not pay any money to advertise on (i) Africa News Network 7 channel, (ii) SA Broadcasting Corporation (aa) television channels and (bb) radio stations, (iii) national commercial radio stations and (iv) community (aa) television and (bb) radio stations (aaa) in the 2016-16 financial year and (bbb) since 1 April 2016.

(b),

This SASSA nationwide expenditure for the said financial years relates to the following:

Ongoing beneficiary education regarding unauthorized deductions
Radio advertisements on early grant payments before local government elections.
Outside radio broadcast services during outreach programmes

Suppliers	Payment starting date: 01 Apr 2015- 31 Mar 2016	Payment starting date: 01 Apr 2016
(i) Africa News Network	R 000.00	R 000.00
(ii) SA Broadcasting Corporation (aa) Television channels (bb) Radio stations	R 4 839 403.60 R 000.00 R 4 839 403.60	R 192 227.41 R 000.00 R 192 227.41
(iii) National commercial radio stations	R 784 197.92	R 000.00
(iv)(aa) Community television	R 000.00	R 000.00
(bb) Community Radio Stations	R5 199 460.39	R 1 166 501.68
Total	R 10 823 061.91	R 1 358 729.09

The National Development Agency did not pay any money to advertise on (i) Africa News Network 7 channel, (ii) SA Broadcasting Corporation (aa) television channels and (bb) radio stations, (iii) national commercial radio stations and (iv) community (aa) television and (bb) radio stations (aaa) in the 2016-16 financial year and (bbb) since 1 April 2016.

14 November 2016 - NW2346

Kruger, Mr HC to ask the Minister of Cooperative Governance and Traditional Affairs

When will the application for the recognition of the Amathombeni chieftaincy in the Thembisile Hani Local Municipality in Mpumalanga be finalised?

Source
Link

Reply:

The Honourable Member is requested to note that the information that is being requested is not readily available within the Department because the matter is a provincial competence. However, the information has been requested from the Mpumalanga Provincial government.