Reply:

1. The mandate of the Transport Education Training Authority (TETA) is to facilitate training within the transport sector through accredited training providers. A list of interventions for years 2013, 2014 and 2015 calendar years are contained in Appendix A. This also includes the planned and actual dates of completion, and the costs for each category of interventions.

2. Yes. The position of Corporate Services Manager was advertised in the Job Portal during August 2011.

3. The average time taken between the departure of a staff member and the appointment of a replacement staff member is three months.

COMPILER/CONTACT PERSONS: Mr M Ngubane

EXT: 5896

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1767 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

The Minister has two advisors, Mr Malcolm Mabaso and Advocate Zarina Kellerman (BA, LLB, FA ARb, ACI Arb, CEDR UK). Between them, the Minister’s advisors have a wealth of knowledge and experience (spanning over 25 years collectively) in the commercial, legal, governance and mining sectors. They advise Minister on the political environment, legal and regulatory environment, compliance matters and corporate and commercial sectors. Mr Mabaso is a businessman and entrepreneur, having owned and run a number of companies and Advocate Kellerman’s CV is already a matter of public record. Mr Mabaso was employed in October 2015 and Advocate Kellerman in April 2016. Both advisors’ contracts are linked to that of the Minister, with a contractual period of 3 years.

Approved/not approved

Mr MJ Zwane

Minister of Mineral Resources

Date Submitted:-……………/………………/2016

Reply:

(1)(a)(b)(c) – The detailed response is attached as Annexure A.

(2)(a)(ii(iii)(iv) – The data is not available per grade.

(2)(a)(v) and (2)(b)(i)(ii) – The detailed response is attached as Annexure B.

Reply:

The nature of the recommendations is such that some are acted on by the Department of Basic Education (DBE) and others are acted upon by the Provincial Education Departments. However, some recommendations such as the one in question where regulatory changes are necessary require a process that needs to be undertaken with view to finalisation. The Minister has considered the recommendations and subjected them to a sector intensive internal review such as consultation with key stakeholders in the sector. Changes to legislation will be effected after the due process of consultation.

Reply:

(a) An Acting CEO; Advocate Edward Mamadisi, from the Legal Services section of the dti, has been appointed and commenced duties on Monday 17th October. Advocate Mamadisi will be supported by staff from within the dti and the process will be the subject of an oversight process led by the Group COO and the Deputy Director General; Industrial Development Division.

(b) Based on a thorough assessment of the backlog of applications; existing capacity and operational constraints a target date for dealing with the backlog will be ascertained and communicated, if it is at variance with the date given to the Parliamentary Portfolio Committee on Trade and Industry.

Reply:

1. (i) Chief Executive Officer

Name and Position	(aa) Official International Trips 2015	(bb) Official International Trips 2016
Mrs Maphefo Anno-Frempong – Chief Executive Officer	4	4

(ii) Executives

 

Name and Position	(aa) Official International Trips 2015	(bb) Official International Trips 2016
Mr Khotso Ndjwili-Potele - Chief Operations Officer	1	0
Mr Simon Ndukwana - Chief Financial Officer	1	1
Mr Famanda Shirindza - Executive Corporate Services Manager	0	2
Advocate Arthur Maisela - Company Secretary	2	4

(iii) Board members

Name and Position	(aa) Official International Trips 2015	(bb) Official International Trips 2016
Mr Japie Kruger - Board Member	1	0
Ms Trudy Sebastian - Board Member	1	0
Mr Lionel Ritson - Board Member	1	0
Mr Macolive Oldjohn - Board Member	1	0
Ms Lorraine Wentzell - Board Member	1	0
Mr Thulani Mbatha - Board Member	1	0
Ms Veronica Mesatywa - Board Member	1	0
Mr Wyndham Evans - Board Member	1	0
Mr Ntebaleng Setlako - Board Member	2	0
Ms Maryna du Plessis - Board Member	1	0
Mr Saki Tlou - Board Member	1	1
Mr Lucky Kolobe - Board Member	1	1

 

(b) and (c)

Name and Position	Trip	Cost	(c)(i) Purpose	(c)(ii) Itinerary
Mrs Maphefo Anno-Frempong – Chief Executive Officer	Brazil	R101 887.00	Attending World Skills Competition	Appendix A1
	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
	Sweden	R114 215.00	Attending World Maritime University (WMU) Graduation, Meeting with Lund University and meeting with SA cohorts of students	Appendix A3
	United Kingdom (UK)	R192 899.00	Attending the International Maritime Organisation (IMO) as part of the delegation of the Deputy Minister of Transport	Appendix A4
	United States of America (USA)	R154 560.00	Attending TETA International Executive Development Programme (IEDP) Global Immersion	Appendix A5
	Singapore and Netherlands	R223 949.00	Attending TETA International Leadership Development Programme (ILDP) Global Immersion.	Appendix A6
	UK and Panama	R158 205.00	Meeting with Cranfield University and Plymouth University on Sector Leadership / Executive Development Programmes Meeting with Mossack - Fonseca Law Firm on Fidentia Matters The Panama leg of this trip is an investigation on Fidentia matter which is a subject of litigation. This was undertaken in conjunction with PWC.	Appendix A7
	Netherlands	R134 727.00	Road Traffic Infringement Agency (RTIA) and Department of Transport to assess the Dutch Roads Safety Strategy	Appendix A10

Mr Khotso Ndjwili-Potele - Chief Operations Officer	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Mr Simon Ndukwana - Chief Financial Officer	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
	Philippines	R76 551.03	Panel of judges in Students for Advancement of Global Entrepreneurship (SAGE)	Appendix A8
Mr Famanda Shirindza - Executive Corporate Services Manager	USA	R154 360.00	International Executive Development Programme – Immersion	Appendix A5
	Singapore and Netherlands	R76 276.00	International Leadership Development Programme (ILDP) – Immersion	Appendix A6
Adv Arthur Maisela - Company Secretary	UK-Scotland	R57 475.00	Commonwealth Law Conference	Appendix A9
	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
	Mozambique - Maputo	R37 880.00	Rio Tinto Investigation – Indub Litigation	Part of PWC Forensic investigation and a subject of ongoing litigation.
	Mozambique - Tete	R14 063. 00	Signature of Affidavit by Rio Tinto Employee in favour of TETA	Part of PWC Forensic investigation and a subject of ongoing litigation.
	UK/Panama	R178 205.00	Meetings with Cranfield University and Plymouth Universities in UK on Sector Leadership / Executive Development Programmes Panama: Meeting with Mossack - Fonseca Law Firm on Fidentia Matters	Appendix A7
Mr Japie Kruger - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Ms Trudy Sebastian - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Mr Lionel Ritson - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Mr Macolive Oldjohn - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Ms Lorraine Wentzell - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Mr Thulani Mbatha - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Ms Veronica Mesatywa - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Mr Wyndham Evans - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Mr Ntebaleng Setlako - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
	Sweden	R107 800.00	Graduation Ceremony of WMU Cohorts of TETA sponsored students	Appendix A3
Ms Maryna du Plessis - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
Mr Saki Tlou - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
	Singapore and Netherlands	R223 949.00	International Leadership Development Programme (ILDP) –Immersion	Appendix A6
Mr Lucky Kolobe - Board Member	Singapore and Malaysia	R153 765.00	WITS Business School Strategic International Board Leadership Programme	Appendix A2
	United States of America	R154 360.00	International Executive Development Programme - Immersion	Appendix A5

 

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1763 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

I have been advised by the Department as follows:-

1. The National Cybersecurity Advisory Council (NCAC) has not been disbanded. However, the Term of Office of the current Council expired at the end of September 2016. We are in a process of extending the appointment pending to annual report.

1 (a) The NCAC was divided into various work streams in which the members have actively participated: Governance; National Coordination and Cooperation; Cybersecurity Structures; Legislation; International cooperation; and, Research and Development.

Specific recommendations will be included in the NCAC’s Annual Report.

1 (b)(i) The Minister met with the NCAC on the 27th August 2015 and will meet with the Council when they present their Annual Report which is currently been compiled.

1 (b)(ii) The Council has not been disbanded

1 (b)(iii) N/A

Reply:

(1) (a) Yes.

(b) Yes.

(c) A single report was submitted for each trip, which covered delegations of more than one individual.

The following reports were submitted:

• The Commonwealth Law Conference report was submitted on 20 April 2015.
• Wits Strategic International Board Leadership Programme report was submitted on 29 October 2015.
• World Maritime University (WMU) Graduation, TETA 2016 Cohort orientation, 2015 Cohort Farewell and Lund University discussions reports were submitted on 27 November 2015.
• High level road safety study tour - Road Traffic Infringement Agency (RTIA) and Department of Transport delegation – the consolidated report was submitted on 19 February 2016.
• Gordon Institute of Business Science (GIBS) International Leadership Development Programme (ILDP) and International Executive Development Programme (IEDP) Global Immersion reports were submitted on 5 April 2016.
• Mozambique TETA / Indub Litigation report was submitted on 13 June 2016. This report is sub judice.
• The International Maritime Organisation report was submitted on 26 July 2016.
• Brazil World Skills Competition report was submitted on 25 September 2015.
• Students for Advancement of Global Entrepreneurship (SAGE) report was submitted on 24 August 2016.
• The report on the meeting with Mossack - Fonseca Law Firm on Fidentia Matters in Panama was submitted on 25 August 2016. This report is sub judice.
• The graduation report from the Wits Business School Strategic International Board Leadership Programme graduation report is due on 26 October 2016.
• The report on the trip to Cranfield University and Plymouth Universities in UK on Sector Leadership / Executive Development Programmes will be presented to the Board on 27 October 2016.

2. All submitted reports will be provided, excluding those that have been indicated as sub judice.

3. (a) Acting Chief Executive Officer:

• Khotso Ndjwili-Potele: 10 August 2015 to 17 August 2015
• Khotso Ndjwili-Potele: 01 February 2016 to 08 February 2016
• Khotso Ndjwili-Potele: 22 February 2016 to 07 March 2016
• Famanda Shirindza: 15 August 2016 to 19 August 2016

Acting Chief Financial Officer:

• Clare McGill-McGowan: 10 August to 16 August 2016

Acting Corporate Services Manager:

• Sabelo Mbuku: 30 January 2016 to 09 February 2016
• Sabelo Mbuku: 20 February 2016 to 04 March 2016

(b) During the Strategic International Board Leadership Programme Immersion visit from 5-11 September 2015, no member of staff was appointed to act in the absence an executive, as they were able to fulfil their responsibilities remotely.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1764 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. The number of permanent employees on salary levels 11 to 15, as well as all permanent and contract appointments on salary levels 16 in all national departments as in March 2009 and January 2016 are displayed in the table below.

Number of employees in the Public Service by Management and Salary level
as in March 2009 and January 2016
Salary Level	2009	2016
11	2464	2662
12	5256	5960
13	2599	3572
14	843	1279
15	201	281
16	59	74
Data Source: PERSAL
Compiled by the DPSA Excluding Defence

Reply:

(a) Department	(i) Amount spent on advertising on the Africa News Network 7 channel	(ii) Amount spent on advertising on the SA Broadcasting Corporation (ii)(aa) Television channels	(ii)(bb) Radio stations	(iii) Amount spent on advertising on the national commercial radio stations	(iv) Amount spent on advertising on the community (iv)(aa) Television	(iv)(bb) Radio Stations	(iv)(aaa) Amount spent on advertising in the 2015-16 financial year	(iv)(bbb) Amount spent on advertising since 1 April 2016
		R 4 399 488.00	R778 597.20			R4 399 488.00	R5 178 085.20	R4 399 488.00

(a) Public Entity	(i) Amount spent on advertising on the Africa News Network 7 channel	(ii) Amount spent on advertising on the SA Broadcasting Corporation (ii)(aa) Television channels	(ii)(bb) Radio stations	(iii) Amount spent on advertising on the national commercial radio stations	(iv) Amount spent on advertising on the community (iv)(aa) Television	(iv)(bb) Radio Stations	(iv)(aaa) Amount spent on advertising in the 2015-16 financial year	(iv)(bbb) Amount spent on advertising since 1 April 2016
AGRISETA							R 863 000.00	R 76 143.00
2. BANKSETA
3.CETA							R950 986.70	R1 521 610.90
4. CHIETA						R22 498.86	R22 498.86
5.EWSETA							R777 612.26	R207 127.16
6. FP&M SETA							R 374 102.00	R 146 717.00
7. HWSETA						R90 142.89	R90 142.89
8. INSETA
9. LGSETA
10. MICT SETA							R118 548.00	R15 000.00
11. MERSETA							R1 900 059.00	R322 166.00
12. MQA
13.NSFAS
14.NSF							R150 373.98
15. PSETA							R213 236.38	R21 250.41
16. QCTO							R331 000.00	R22 000.00
17. SASSETA							R586 288	R236 630
18. SAQA			R915 088.80				R915 088.80	R307 474.75
19. SERVICESSETA						R 1 035	R 1 979 728.20	R 916 043
20. TETA
21. W&RSETA							R200 058.40
22. CHE

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 2092 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

I have been advised by the Department as follows:-

(a)(i) CFO has the following qualifications and experience

Senior Certificate, Extracurricular Higher Diploma with field of study Tax Law

Baccalaureus Commercii with specialisation in Accounting Science and Honours Bachelor of Accounting Science. She has vast experience in a financial field as she worked as a CFO in the Department of Police, Roads and Transport in the Free State Province from 2013 to 2015

(ii) N/A

(b)(i) The post of Director General is currently vacant and we are in a process of finalising the appointment. The Acting Director General has Senior Certificate, incomplete BSc Engineering which was disrupted because of apartheid activities. However he has a vast experience in ICT and Broadcasting. He was appointed as DDG in 1999-2005 in the former department of Communications. He was reappointed as a special advisor at a DDG level since 2013.

Reply:

(a) The schools that were damaged during the Vuwani uprisings have been assessed and the extent of the damaged has been determined and costed.

(b) It is estimated that an amount of R462 million will be required to rebuild, renovate, repair and provide all the requisite spaces at these schools.

(c) A request for funding has been submitted to the National Treasury and the timelines for the projects can only be provided as soon as availability of funding is confirmed.

Reply:

(a) (i) The Department of Justice and Constitutional Development (DOJ&CD) did not spend anything on African News Network 7 channel during the (aaa) 2015/16 financial year nor (bbb) since 1 April to 31 August 2016.

(aa) The DOJ&CD did not spend on SABC television channels during the (aaa) 2015/16 financial year nor (bbb) since 1 April to 31 August 2016.

(bb) (aaa) In the 2015/16 financial year, the Department undertook a campaign to invite children and deserving relatives of Truth and Reconciliation (TRC) Campaign identified victims to apply for educational assistance. In support of this campaign, the DOJ&CD spent a total of R798 817.95.

SERVICE PROVIDER	TOTAL COST	RADIO STATIONS	COST PER STATION	CAMPAIGN
SABC Radio	R 798 817.95	Ukhozi FM	R 221 692.95	TRC Education Assistance Regulations
		Umhlobo Wenene FM	R 129 352.95	TRC Education Assistance Regulations
		Lesedi FM	R 145 666.35	TRC Education Assistance Regulations
		Motsweding FM	R 106 652.70	TRC Education Assistance Regulations
		Limpopo Combo	R 131 738.40	TRC Education Assistance Regulations
		Mpumalanga Combo	R 63 714.60	TRC Education Assistance Regulations

(bbb) The Department did not spend anything on SABC radio stations since 1 April to 31 August 2016.

(iii) The DOJ&CD did not spend on national commercial radio stations during (aaa) the 2015/16 financial year nor (bbb) since 1 April to 31 August 2016.

(iv) (aa) The DOJ&CD did not spend any money on community television stations during the (aaa) 2015/16 financial year nor (bbb) since 1 April to 31 August 2016.

(bb) Background to spending: In the 2015/2016 financial year, the DOJ&CD, in partnership with the National Prosecuting Authority (NPA), initiated an educational campaign on community radio called Let’s Talk Justice: Live Your Rights.

The programme, which is currently in its second season, is facilitated through the Government Communication and Information System (GCIS) and broadcast every Thursday between 18h05 to 19h05. The programme is linked to 65 community radio stations and covers a range of justice related topics such as domestic violence, maintenance, sexual offences, expungement of criminal records, Constitutional rights, and etcetera.

The programme is one of the DOJ&CD’s efforts to educate the public on how to access justice services. It promotes a free flow of information, open dialogue, transparency, and accountability, all of which are fundamental tenets of a thriving democracy.

It also sought to encourage the public to unite in the protection of human rights and urge them to exercise their responsibilities as reflected in the Constitution.

Financial implications:

(aaa) In the first season of the Let’s Talk Justice programme, the DOJ&CD invested a total of R7 572 000.00 which covered a total of 29 episodes that were linked to 63 participating community radio stations across the country.

(bbb) In the second season (2016/17), the DOJ&CD has budgeted a total of R10 072 000.00 for 26 episodes that are linked to 65 participating community radio stations across the country. This means that one episode is broadcasted in 65 community radio station. Each radio station is charging R6000 per episode and there is a satellite cost amounting to R27 360. The satellite is important as it enables GCIS to link an episode into all 65 community radio stations. The programme enables us to reach an estimated listenership of 1 400 000. This translates to just over R3 per listener. This financial year’s programme commenced on 9 June 2016, and by end of August 2016, 11 episodes had already been coordinated.

(b)  (A)(aaa) Regarding the National Prosecuting Authority, the NPA contributed R4, 8 million to the community radio awareness campaign Let’s Talk Justice. The Department’s Public Education and Communication’s Unit overall response in this regard will therefore cover the NPA in respect of the 2015/16 financial year. No other expenditure was incurred outside the above-mentioned campaign in 2015/16, and (bbb) there has been no expenditure on advertising since 1 April 2016 to date, due to budget constraints.

(B) (aaa) During the financial year 2015/16, the Special Investigating Unit (SIU) has not incurred cost on radio or TV advertising. All the interviews done were a free service.

(C) LEGAL AID SOUTH AFRICA

I wish to inform the Honorable Member that Legal Aid SA spent the following total amounts in relation to advertising:

Financial Year	Medium	Advertisement Spent
	Television
(aaa) 2015/2016	(i) ANN7	R0
	(ii) SA Broadcasting Corporation
	(aa) Television channels	R660 750
	SABC 1	R146 250
	SABC 2	R364 500
	SABC 3	R150 000
	(bb) Radio stations	R465 899
	Lotus FM
	RSG
	SAFM
	Ukhozi FM
	Umhlobo Wenene FM
	Lesedi FM
	Thobela FM
	Ikwekwezi FM
	Ligwalagwala FM
	Munghana Lonene FM
	Phalaphala FM
	(iii) National Commercial Radio stations	R0
	(iv) Community	R0
	(aa) Television	R0
	(bb) Radio stations	R0
Total for 2015/16		R1 126 649
(bbb) Since 1 April 2016	SABC Radio	R933 840
	SABC TV	R1 215 000
	Committed expenditure in 2016/17
	E-TV	R600 000
	SABC Radio	R935 404
	SABC TV	R684 000
Total for 2016/17		R4 368 244

(a) The Office of the Chief Justice did not 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) for the 2015-16 financial year and (bbb) as well for the current financial year.

Reply:

1. (i) Chief Financial Officers (CFOs)

PROVINCE	NAME	FORMAL QUALIFICATIONS
National Department	Mr Ian van der Merwe	Masters in Business Administration (MBA); University of Pretoria, 2001 Thesis: Managing Intellectual Capital as a Core Competence in Achieving an Organisation’s Strategic Intent Bachelor of Commerce (Honours) Financial Management; University of South Africa (UNISA), 1995 Bachelor of Commerce; University of Pretoria, 1992 Economics 3 | Banking 3 | Financial Management 3 Senior Certificate / Matric; Centurion High School, 1988
Eastern Cape	Mr Simon Kaye	Matric obtained in 1993 BCom from Rhodes University 1996 Higher Diploma in Accounting from Rhodes University 1998 Chartered accountant South Africa registered with SAICA in 2005
Free State	Mr Molefi Benedict Motsie	B. Commerce (accounting); Master of Business Leadership (MBL)
Gauteng	Mr George Mahlangu	B Compt (Hons) B Comm( Accounting) H Dip Corporate Law Dip in Public Sector Governance LLB(93% Complete) (Completed articles with Deloitte)
Mpumalanga	Mr CB Mnisi	BTech Internal Audit (TUT) ND: Internal Audit (PretoriaTech) Bachelor of Arts: Social Sciences Diploma Public Administration
Northern Cape	Ms Shouneez Wookey	BCompt Hons CTA Diploma Forensic Auditing
North West	Mr Andrew Kyereh	CA; CIA; MSc. Econ; Post -Graduate Dip: Strategic Planning
Western Cape	Mr Andries Jacobus van Niekerk	Hons B Comm CA(SA)

(ii) Acting Chief Financial Officers

PROVINCE	NAME	FORMAL QUALIFICATIONS
Limpopo	Mr M Justice Mudau	BCom
KwaZulu Natal	Mr Siphesihle Mkhize	CA(SA) BCom Honours

(b) Director-General;

 (i) Senior Certificate (Matric), Bachelor of Pharmacy, Post graduate Diploma in Health Management and Masters in Law degree in Public Health, Law and Ethics.

 (ii) N/A

END.

Reply:

(a) What formal qualifications does each of her department’s (a)(i) Chief Financial Officers and/or (ii) acting Chief Financial Officers possess?

(i) Chief Financial Officer - Ms N Molalekoa

Bachelor of Commerce

University of Bophuthatswana

Obtained 1990

Advanced Financial Management

University of Pretoria

Obtained 2010

(ii) Acting Chief Financial Officer

Not applicable

NATIONAL ASSEMBLY, WRITTEN REPLY, QUESTION 2013

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 23/09/2016

INTERNAL QUESTION PAPER: 29/2016

2013. Mrs Z B N Balindlela (DA) to ask the Minister of Basic Education:

(b) What formal qualifications does each of her department’s (b)(i) Directors-General and/or (ii) acting Directors-General possess?

 (i) Director-General – Mr HM Mweli

Bachelor of Arts in Education

University of Bophuthatswana

Obtained 1992

Bachelor of Arts (Honours) in History

University of North-West

Obtained 1996

Bachelor of Administration (Honours) (Industrial Relations)

University of North-West

Obtained 2001

Master of Development and Management

North-West University

Obtained 2007

(ii) Acting Director-General

Not applicable

Reply:

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

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

Reply:

I have been advised by the Department as follows:-

(1) (a) The ICT Plan of Action (POA) between South Africa and China was signed in Cape on 08 June 2015 by the Minister of Telecommunications and Postal Services from South Africa, Dr Siyabonga Cwele and the Minister of Industry and Information Technology from China, Mr Miao Wei.

(b) See 1(a) above.

(2)(a)(b) The POA involves nine (9) areas of collaboration and some progress has been made in the following areas:

RSA-China PoA Implementation Plan since signing in 2015 (Q1994)

	Status
	Broadband Infraco (BBI), a state owned entity, has concluded a Memorandum of Understanding (MOU) with China Telecom to boost investment in telecommunications. In April 2016, Mustek Limited Group (South African Company) signed a multimillion Rand investment Agreement with the Yangtze Optical Fibre and Cable (Chinese Company).
	In light of the fact that South Africa recently launched a Cyber Security hub, South Africa and China are sharing information and experiences in the area of Cyber Security. As part of ongoing implementation of the POA, the Deputy Minister of Telecommunications and Postal Services, Prof. Mkhize hosted the Vice Minister of Cyberspace Administration of China (CAC), Ms Wang Xiujun. The two Principals hosted an Internet Roundtable from 13-14 May 2016 in Durban. The Internet Roundtable was attended by ICT Industry and SMME’s from both countries. The meeting was used as a platform to discuss and share expertise in different areas such as Internet Information Infrastructure, e-commerce, electronic manufacturing, Cyber security, e-government & smart cities. Discussions on securing the online activities to ensure that technology provides secure platforms for e-identity are ongoing. China is also advanced in the area of e-identity and has developed legislation in this regard.
	The Digital Object Architecture (DOA) – recently approved by Cabinet for domestic implementation. Department currently engaged in bilateral discussions with the government of China since they are one of BRICS member countries that have implemented the DOA successfully.
	The South African Government is collaborating with China Telecommunications and Huawei in capacity building and e-skills development programmes. Currently: China Telecom is training 17 officials through seminars nominated from state owned companies. Flowing from the POA, the DTPS and Huawei signed a Cooperation Agreement which focuses on three (3) areas including capacity building and training. The Cooperation Agreement includes the need for a joint Innovation Centre between DTPS and Huawei wherein training of SMMEs and students can be conducted. Ten (10) best performing IT students chosen from South African Universities of Technology (Central University of Technology, Free State; Cape Peninsula University of Technology; Tshwane University of Technology; and Nelson Mandela Metropolitan University) have been selected to undergo a skills development programme at the Huawei HQ in China, for two weeks in October and November.
	See above in relation to technology transfer (Joint Innovation Hub).
	An Official Working Visit focusing on e-government was undertaken to China in April 2016. Furthermore, e-government was discussed during the Bilateral Meeting between the Vice Minister of Cyberspace Administration of China and the Deputy Minister of Telecommunications and Postal Services in April 2016.
	Well developed and small MME’s participated during RSA-China Internet Roundtable held from 13-14 April 2016. Big cooperates have been requested to incubate the small SMMEs for developmental purposes.

 

Reply:

(1)- (2) The SIU has not yet reported to the President on this matter and it would be inappropriate to comment on any findings or recommendations which they may make.

Reply:

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

(a)(i)(ii) No money was spent on advertising on the Africa News Network 7 channel or the SA Broadcasting Corporation by the Department for the financial year 2015-16.

(b)(i)(ii)(aa)(bb)(iii)(iv)(aaa)(bb)(aaa):-

SENTECH , BBI, NEMISA, USAASA and .Zadna spent nil on during the 2015-16 financial year.

The following Entities spent the following on advertising on the (i) Africa News Network 7 channel and (ii) SA Broadcasting Corporation during the 2015-16 financial year as follows:-

ENTITY	ANN7	SABC TV	SABC RADIO	NATIONAL COMMERCIAL RADIO STATION	COMMUNITY TV	COMMUNITY RADIO
SITA	R0. 00	R0. 00	R333 337	R217 060	R0. 00	R0. 00
SAPO	R0.00	R2 726 955	R4 076 651	R0. 00	R0. 00	R0. 00

(bbb) No money was spent on advertising by the Department and entities since 1 April 2016.

Reply:

Yes.

 (a) – (b) The recruitment process for the appointment of a permanent employee is on course and will be communicated once finalised.

Reply:

(a)  No, the Minister will not interfere with the freedoms of any employee to choose to join or establish any union or political party. South Africa is a signatory to 27 Conventions of the ILO and are categorized as:

• Fundamental Conventions: 8 of 8;
• Governance Conventions (Priority): 2 of 4; and
• Technical Conventions: 17 of 177.

 

Out of 27 Conventions ratified by South Africa, of which 23 are in force, 2 Conventions have been denounced.

The Freedom of Association (C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)) is the right to join or leave groups of a person's own choosing, and for the group to take collective action to pursue the interests of members.[1] It is both an individual right and a collective right, guaranteed by all modern and democratic legal systems. Article 3 of this Convention specifically prevent public authorities (governments) from any interference which would restrict this right or impede the lawful exercise thereof.

Jeremy McBride[2] argues that respect for the freedom of association by all public authorities and the exercising of this freedom by all sections of society are essential both to establish a "genuine democracy" and to ensure that, once achieved, it remains "healthy and flourishing".

The Constitution of South Africa is the supreme law of the country of South Africa. It provides the legal foundation for the existence of the republic, sets out the rights and duties of its citizens, and defines the structure of the government.

Section 19 of the Constitution provides for the political rights of every citizen to freely make political choices which include to form a political party, to participate in activities of such a political party including recruiting members and campaigning for the political party.

(b) Section 23 of the Constitution provides for the following Labour rights which cannot be derogated:

1. Everyone has the right to fair labour practice
2. Every worker has the right –

       (a) to form and join a trade union

       (b) to participate in the activities and programmes of the union; and

       (c) to strike.

 (i) School-based educators: According to the Education Labour Relations Council’s (ELRC) Collective Agreement 2 of 2007 and Chapter F of the Personnel Administrative Measures (PAM), school-based educators have the right to be nominated by their trade union to be utilised as Shop Stewards in education in order to enhance the labour relations in the public education sector. Only post level one educators who are permanently employed are eligible to be nominated or appointed as Shop Stewards in education. Office-based educators can only be site stewards at the workplace and they are not in any way office bearers of the unions.

It is an educator’s Constitutional right including school principals to belong to a trade union. Chapter F of the Personnel Administrative Measures (PAM) further stipulates that unions are entitled to have educators in good standing seconded to Trade unions that are registered with the Education Labour Relations Council (ELRC) to occupy full time positions in the union (see also (Resolution 8 of 1995). In addition to this, Collective Agreement 2 of 2007 on Shop Stewards in Education does not prohibit any educator including principals to belong to any trade union.

1. Jeremy McBride, Freedom of Association, The Essentials of Human Rights (Hodder Arnold 2005) 18, states it involves coming together with other individuals and collectively express, promote, pursue and defend common interests. ↑

2. Jeremy McBride, Freedom of Association, The Essentials of Human Rights, Hodder Arnold, London, 2005 ↑

Reply:

1. (a) (i) (ii) and (b) The findings and recommendations of the Ministerial Task Team (MTT), including cases that require the attention of the South African Police Service (SAPS), have been sent to the Provincial Education Departments (PEDs) to take action against the alleged illegal actions. In terms of Section 3 of the Employment of Educators Act, read with the Disciplinary Code and Procedures for Educators (Schedule 2 of the Employment of Educators Act), the employer of these educators that allegedly sold the posts, is the Head of Department of each implicated Provincial Education Department, hence all cases have been referred to the relevant PED. The relevant details such as (a) names and schools of those involved as well as (b) case numbers will be considered for disclosure after the PEDs have submitted their progress reports at the end of September 2016.

2. No, the Minister has not engaged the Minister of Police as it is expected that each case must be dealt with closer to where the alleged criminal act has occurred.

Reply:

(1)(a) Ms Dudu Myeni is the Chairperson of the Mhlathuze Water Board. The term of office for the Chairperson has been extended until such a time that a new Board is appointed.

According to the Public Finance Management Act, 1999 (PFMA), as amended, the Minister is the Executive Authority of the National Public Entity with ownership control over such entity. The PFMA defines ownership control as the “ability to exercise any of the following powers to govern the financial and operating policies of the entity in order to obtain benefits from its activities:

• To appoint or remove all, or the majority of, the members of that entity’s board of directors or equivalent governing body;
• to appoint or remove that entity’s Chief Executive Officer;
• to cast all, or the majority of, the votes at meetings of that board of directors or equivalent governing body; or
• to control all, or the majority of, the voting rights at a general meeting of that entity.

(1)(b) Ms Myeni served on the Board of Mhlathuze Water since 2002. To ensure continuity and good governance of the entity, the Minister decided to extend her term of office.

(2) No. Due to the establishment of a single Water Board in KwaZulu-Natal, the Chairperson’s term of office was extended until such time that a new Board is appointed.

(2)(a) The contract has been renewed three (3) times since her initial appointment.

(2)(b)(c) Refer to the response provided in (1)(a) above.

---00O00---

Reply:

I have been informed by Department :

(a) The number of meetings held by the four (4) chambers reporting to the National ICT Forum are as follows:

Social Chamber – five (5)

Economic Chamber – three (3)

Governance and Security Chamber – three (3)

ICTs and Disability Chamber – four (4)

b) Each of the specified meetings were held on the following dates:

Social Chamber – 21 August 2015, 27 November 2015, 19 February 2016, 13 June 2016, and 9 September 2016.

Economic Chamber – 25 August 2015, 03 March 2016, and 27 September 2016.

Governance and Security Chamber – 17 August 2015, 07 December 2015, and 20 May 2016.

ICTs and Disability Chamber – 10 September 2015, 02 December 2015, 17 March 2016, and 20 July 2016.

c) Yes, each of the meetings did quorate.

d) Decisions/ plans of action made at each of the meetings are as follows:

Social Chamber

21 August 2015

• The draft terms of reference for the National ICT Forum was endorsed
• Agreement was reached on the issues to be tackled by the chamber

27 November 2015

• Working group conveners were nominated and appointed
• Portal for the National ICT Forum was proposed
• The chamber’s terms of reference was adopted

19 February 2016

• Working group terms of reference was agreed upon
• Scoping for the working groups was developed

13 June 2016

• Development and adoption of template for working group activities
• Key stakeholders for the work of the chamber were identified

9 September 2016

• Draft work programme of the chamber aligned with the DTPS Annual Performance Plan (APP) targets
• Working group reports were consolidated in preparation for meeting with the Minister
• The focus of the e-Agriculture Working Group was clarified

Economic Chamber

25 August 2015

• Draft terms of reference for the National ICT Forum was endorsed
• Agreement was reached on issues to be tackled by the chamber

03 March 2016

• Chairpersons of working groups were nominated and appointed
• Chamber’s draft work programme was endorsed
• Presentation for the National ICT Forum Workshop prepared

27 September 2016

• Presentation for National ICT Forum follow-up workshop was developed
• The chamber’s draft programme of action was endorsed

 

Governance and Security Chamber

17 August 2015

• Draft terms of reference for the National ICT Forum was endorsed
• Scoping for the chamber work was proposed
• Key stakeholders were identified

07 December 2015

• Draft terms of reference of the chamber was endorsed
• Working group conveners were nominated and appointed
• Draft terms of reference for the chamber was endorsed

20 May 2016

• Working group reports and draft programmes of action were consolidated
• The chamber’s draft programme of action was endorsed
• Presentation for National ICT Forum Workshop developed

ICTs and Disability Chamber

10 September 2015

• Confirmation of the Chairperson of the chamber
• Establishment of the Accessibility and Affordability Working Group

02 December 2015

• Scoping for the chamber developed and agreed
• Task Teams and confirmation of their chairpersons

17 March 2016

• The chamber’s draft programme of action was developed
• Presentation for the National ICT Forum Workshop was developed

20 July 2016

• The chamber’s draft programme of action was endorsed
• Presentation for the National ICT Forum Follow-up Workshop was developed

Reply:

Yes, the South African Council for Educators will be submitting its report to the Department of Basic Education on or about 27 September 2016.

Reply:

(a) Appointed Implementing Agents (IA) who underperformed in the Eastern Cape are the Independent Development Trust (IDT) and the Council of Scientific Industrial Research (CSIR).

(b) The amounts allocated to the affected contracts are as follows:

IDT EC	36 Inappropriate schools projects	*R 617m
IDT EC	Batch1 of water and sanitation projects	R 239m
IDT EC	Batch 2 of water and sanitation projects	*R 299m
CSIR	152 water, 63 sanitation projects	*R 192m

*pre-tender estimates

(c) The term of the contract was as follows:

IDT EC	36 Inappropriate schools projects	2 years
IDT EC	Batch 1 of water and sanitation projects	1 year
IDT EC	Batch 2 of water and sanitation projects	1 year
CSIR	152 water, 63 sanitation projects	1 year

(d) The contract with CSIR was terminated by mutual agreement and the scope of work for IDT was reduced by taking away the projects that were initially allocated to them under Batch 2 water and sanitation. The IDT was instructed to provide qualified and competent project personnel which would be assessed and approved by the Department of Basic Education (DBE)). Monitoring and oversight by the DBE is done through the appointed ASIDI Programme Support Unit, with regular site visits and steering committee meetings where progress is assessed.

 

Reply:

DATE OF REPLY:

I have been advised by the Department as follows:-

1. The National Broadband Advisory Council (NBAC) was not appointed by Cabinet. As outlined in the SA Connect Policy, Digital Readiness Policy decision taken states that “the Minister of Communications (now DTPS) appoints broadband Council to advise on the implementation of policy and emerging policy issues”. The NBAC has not been disbanded, the Minister has tasked the Department to review and recommend ways to reconfigure the functioning of the Council in an optimal manner to ensure that its role is efficiently realised in advising the Minister on the implementation of SA Connect.

2. No new Council members have been appointed.

3. Cabinet’s approval is not required.

4. (a) As mentioned in (1), currently, the Council does not have a specific role that it is involved in pending the Council review exercise by the Minister. (b) In August 2015, the Minister met with the Council Chairperson to discuss the role and functions of the Council. As a result, the Minister took a decision to review the Council’s functions and roles with the objective of appropriately reconfiguring the Council in order to derive maximum value.

Reply:

I have been advised by the Department as follows:-

1(a) Yes,

(b) Yes

(b) (i)10.

(b) (ii) Approving the issuing of a tender for a project based on flawed terms of reference, and failure to evaluate bids against the minimum qualifying score for the functionality in order to assess bids.

(iii) As yet incompleted .

(iv) One case was concluded and the employee was found guilty and a two (2) months suspension without pay was imposed.

2. The Media Corner matter is at the exchange of pleadings .

Reply:

Recommendation 15 is one of the long-term recommendations which the Department of Basic Education is still considering.

Reply:

(a) Yes, the Department is in the process of reviewing the provisions stipulated on B5 of the Performance Administrative Measures (PAM) gazetted on 12 February 2016 that outlines the process of advertising and filling of educator posts, draft Guideline Procedure for the Recruitment, Selection, Appointment and Promotion of Educators in order to enhance the professional image and Competencies of School Principals has been developed.

(b) The new appointment procedures, when finalised, will determine which officials constitute part of the panels for interviews.

(c) The National Development Plan calls for a change in the appointment process to ensure that competent individuals are attracted to become school principals. As in other senior management positions, candidates should undergo a competency assessment to determine their suitability and identify the areas in which they would need development and support. No determination has been made yet as to whether the competency assessment will be performed in-house or outsourced. These measures will be designed to give effect to the provisions of the National Development Plan and to improve the recruitment of competent school managers. School deputy principals and principals will be selected from candidates who possess appropriate managerial competences. These procedures are drawn from the basis that strong and competent School Management Teams are essential in improving the public schooling system.

(d) It is imperative that public school managers be selected from those candidates who have been evaluated and certified as possessing the competencies and proficiencies deemed necessary for success in the field. For effective appointment to take place, the Department will play a more central and influential role.

(e)(i) The roles and responsibilities of resource persons are provided for in the Education Labour Relations Council (ELRC) Collective Agreement on the Advertising and Filling of Educator Posts (ELRC Resolution 5 of 1998. Issues related to composition of the panels, pre-interviewing testing of candidates, district resource person, etc. will be addressed in the new draft procedures which have to undergo processes of negotiations with an aim of amending the existing Collective Agreement.

 (ii) In each interview the Provincial Education Department makes available resource a person, who ought to be competent in performing their duties.

Reply:

(a)(i) Sprompothle Shadrack Mononyane

(a)(ii) EJM Mahlabe Primary School (JERICHO WEST)

(a)(iii)(aa) Letlhabile Area Office (BOJANALA);

(bb) North West

(iv) 22 years of service

(b) State-paid post as all other Principal posts.

Reply:

I have been informed by USAASA that:

In March 2016 the parties agreed that the matter be settled and the court action was accordingly withdrawn with all the parties paying their own legal costs. The settlements was motivated by the fact that the employment contract of the former CEO, Mr Zami Nkosi expired on 31 March 2016.

Reply:

Yes, recommendation nine (9) is a long-term recommendation that has to be discussed and negotiated with all trade unions in the education sector.

Reply:

2015/2016
	Department of Defence	Department of Military Veterans
Medium	(amount in rand)	(amount in rand)
(i) Africa News Network	100 000.00	0.00
(ii) SABC
(aa)SABC TV	600.000	1 100 000.00
(bb) SABC Radio Stations	180.000	1 276 827.36
(iii) National commercial radio stations	R 0.00	R 0.00
(iv) Community
(aa) television	800 000.00	R 0.00
(bb) radio stations	128 000.00	756 000.00
TOTAL	1 808 000.00	3 132 827.36
01 APRIL 2016 TO DATE
	Department of Defence	Department of Military Veterans
Medium	(amount in rand)	(amount in rand)
(i) Africa News Network	0.00	0.00
(vi) SABC
(aa)SABC TV	0.00	R 0.00
(bb) SABC Radio Stations	0.00	541 317.60
(vii) National commercial radio stations	0.00	545 208.00
(viii) Community	0.00	276 000.00
(aa) television	0.00	351 963.00
(bb) radio stations	0.00
TOTAL	0.00	1 714 488.60

Reply:

No advertisements were placed by the National Department of Health and all its entities reporting to the Ministry of Health, in all the communication platforms referred to above, during the period in question.

END.

Reply:

1 (a) Ms. Rosey Sekese’s employment as Director-General of my department was terminated on 31 May 2016.

(b) Ms Rosey Sekese was found guilty of multiple counts of misconduct and the sanction imposed by the chairperson was that of dismissal , which was given effect to.

2. The Special Investigating Unit has not yet reported to the President regarding the issue in question.

3. No.

Reply:

Yes, the Director-General’s performance has consistently been fully effective, and/or above average in the last six performance cycles, since her appointment. During the 2011/12 performance cycle she was recommended for category B performance bonus of 5% in terms of the prescribed bonus percentage in line with Chapter 4 of the SMS Handbook for her above-average performance.

END.

Reply:

A response as provided by IEC:

(1)(i-ii) The EC has proceeded with legal action in two respects based on the recommendations made by the PP, namely, instituting disciplinary proceedings against the responsible employees and launching an application to review and set aside the Riverside Office Park lease. Both matters are well under way. The review process is dealt with in the response to part 2 of this parliamentary question. Insofar as the disciplinary proceedings are concerned, disciplinary charges were served on the affected employees on 12 November 2014. The hearing commenced on 29 January 2015. The employees concerned took certain technical issues arising out of their disciplinary process on review to the Labour Court which ruled in favour of the Electoral Commission in 2015. These employees then obtained leave to appeal the Labour Court’s ruling, and all that is awaited now is a date for the hearing of the appeal in the Labour Appeal Court.

(2) There has been a lengthy exchange of affidavits between all the parties involved in the matter in the course of legal proceedings with the volume of documents in excess of 2500 pages. From a procedural point of view the EC has complied with its part and is awaiting Abland’s heads of arguments which is due in the course of next week. Only once the EC has received Abland’s heads of argument can a date be obtained for the hearing. This is in accordance with the practice directives of the High Court. Whilst the EC will procure a date for the hearing in October 2016, it is anticipated the matter will only be set down for hearing in early 2017 as a result of an overly burdened court roll.

Reply:

The Department has written to all the provinces requesting for the above-mentioned information. A follow-up has since been made to the provinces and the Department is awaiting responses.

Reply:

I have been informed by USAASA as follows:

(a) Nine (9) overseas trips were undertaken by the Board members

(b) Seventeen (17) overseas trips were undertaken by members of the Executive Management since 01 April 2015.

(i)(aa-ee) and (ii-iii) See attached Annexure A which reflects the purposes, duration, destination, outcomes and detailed cost breakdowns of the overseas trips undertaken by members of the USAASA Board and Executive Management during the period 01 April to September 2016.

Reply:

(1) The process to finalise the appointment of the new Chief Executive Officer (CEO) of the Small Enterprise Development Agency (Seda) was delayed by the consideration of change management and transition within and between the department and Seda. The department was of the view that the transition processes needed to be finalised before a new CEO was appointed. Moreover, the sudden departure of the Acting CEO back to the Department of Trade and Industry necessitated that the environment be stabilised within Seda before appointing a new CEO.

(2) Yes, Ms Mandisa Tshikwatamba was the best candidate for the position as per the recommendation of the selection panel which I fully supported and subsequently endorsed her appointment as the Chief Executive Officer of Seda.

Reply:

Not applicable.

________________________

Approved by the Minister on

Date………………………..

Reply:

Honourable Member, the appointment of Directors-General and the minimum requirements thereof are found in the EXECUTIVE PROTOCOL (the Protocol): PRINCIPLES AND PROCEDURES FOR THE EMPLOYMENT OF HEADS OF DEPARTMENT (HODs) AND DEPUTY DIRECTORS- GENERAL (DDGs). The purpose of the Protocol is to encourage good practice in the recruitment of Heads of Department (HoDs) and Deputy Directors-General (DDGs) nationally, thereby assisting Executive Authorities (EAs) in appointing high quality candidates.

I can assure the Honourable Member that when Cabinet appointed the Director-General of Human Settlements, it adhered to this Protocol, which I was responsible for tabling before Cabinet when I served in the Public Service and Administration portfolio. The Director-General is more than qualified for his post.

In summary, the protocol stipulates that:

“An advertisement should not favour or prejudice any prospective candidate who has the necessary training, skills, competence and/or knowledge relevant to the requirements of the post. Advertisements should therefore be supportive of and in compliance with the Constitution, the Labour Relations Act, the Public Service Act and the PSR. Qualifications should not be defined primarily or solely in terms of educational attainment, but should include skills, relevant experience and other criteria. Educational qualification requirements, including qualifications obtained through the Recognition of Prior Learning process and linked to the National Qualification Framework, should as per the post advertisement reflect the minimum qualification requirements determined during job evaluation. Such qualification requirements should be specific to the post. An applicant with a lower qualification cannot be shortlisted for the post”.

In respect of the Chief Financial Officer (CFO), the National Treasury continues to ensure that CFO’s possess formal qualifications comprising relevant subjects such as Financial Accounting (for the timely production of accurate and complete financial information), Management Accounting (for sound budgeting and expenditure monitoring practices), Internal Audit (for the operation of sound internal controls) and Supply Chain Management (for the efficient procurement of goods, works and/or services)”. Again, I wish to indicate that my Chief Financial Officer possess formal qualifications that include all these subjects.

Honourable Member, this goes to show that although we are cognisant that the black communities of this country were deliberately denied the same education as their white counterparts had, we are committed to ensure that we employ competent civil servants in the public service. I wish to confirm that Director-General and the Chief Financial officer of my Department have Master’s Degree in fields relevant to their work.

Reply:

What amount did (a) his department and (b) each entity reporting to him spend on advertising on the (i) Africa News Network 7 channel (ii) SA Broadcasting Corporation (iii) national commercial radio stations (iv) community (aa) television (bb) radio stations (aaa) in the 2015-16 financial year (bbb) since 1 April 2016
i)Dept	DMR	(aaa) (i) African News Network 7 channel – R0.0 (ii) SA Broadcasting Corporation – R0.0 (iii) National commercial radio stations – R0.0 (iv)Community television and radio stations - R 68 883.75 Total: R 68 883.75	(bbb) (i) African News Network 7 channel – R0.0 (ii) SA Broadcasting Corporation – R0.0 (iii) National commercial radio stations – R0.0 (iv)Community television and radio stations - R 285 923.00 Total: R 285 923.00
i)Entities	CGS	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00	((aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00
	MINTEK	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00
	SDT	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R186.960.00
	SADPMR	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00
	MHSC	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00	(aa)Television (i)R0 00 (ii)R0.00 (bb)Radio Stations (iii)R0.00 (iv)R0.00

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

Reply:

The Housing Act, 1997, prohibits the sale of government subsidised houses within eight years and budgeting for such expenditure would therefore be illegal in terms of both the Housing Act and the Public Finance Management Act (PFMA). Therefore, the answer to the Honourable member’s question is a resounding no.

Specifically, Section 10A of the Housing Act, 1997 (Act No. 107 of 1997) on Restriction on voluntary sale of state-subsidised housing states that, “Notwithstanding any provisions to the contrary in any other law, it shall be a condition of every housing subsidy, as defined in the Code, granted to a natural person in terms of any national housing programme for the construction or purchase of a dwelling or serviced site, that such person shall not sell or otherwise alienate his or her dwelling or site within a period of eight years from the date on which the property was acquired by that person unless the dwelling or site has first been offered to the relevant provincial housing department”.

The provision of houses is intended to provide beneficiaries with self-respect, dignity and it is viewed as a life opportunity for the less privileged South Africans to own an asset in the form of a house, hence the selling of state subsidised houses is not encouraged at all unless their economic situation has improved for the better.

In addition, the Department is engaged in consumer education programme to further inform and educate the consumers on the policy and legislative provisions applicable to the housing subsidy programme.

Reply:

1.Whether each Head of Department (HOD) of his department signed a performance agreement since their appointment; if not,

   (a) What is the total number of HODs who have not signed performance agreements?

The Director-General of the Department of Agriculture, Forestry and Fisheries was appointed with effect from 1 July 2016. In terms of the chapter four (4) of the Senior Management Service (SMS) members handbook a newly appointed SMS member has got three months to finalise and sign the performance agreement.

    (b) What is the reason in each case?

     The HOD had three months to finalise the performance agreement.

   (c) What action has he taken to rectify the situation?

      None.

  (d) What consequences will the specified HOD face for failing to sign the performance agreements; if so,

(i) When was the last performance assessment of each HOD conducted?

The performance assessment on the former HOD was finalised in December 2015.

(ii) What were the results in each case?

The performance scores of the former HOD were as follows:

• 2013/14 performance cycle score of 132%.
• 2014/15 performance cycle score of 135%.

2. Whether any of the HODs who failed to sign a performance agreement received a performance bonus since their appointment; if not, what is the position in this regard; if so,

   (a) At what rate and

       The HOD did not receive a performance bonus.

   (b) What criteria were used to determine the specified rate;

       Not applicable.

3. Whether any of the HODs who signed a performance agreement received a performance bonus since their appointment; if so,

   (a) At what rate and

   The HOD did not receive a performance bonus.

   (b) What criteria were used to determine the rate?

     Not applicable.

 

Reply:

(a) (i) Higher Certificate in Accountancy (IAC), B.Compt.Hons (CTA), AGA (SA)

(ii) Falls away

(b) (i) vacant

(ii) BSC Mining Engineering Degree, Mine Managers Certificate and Executive Management Programme.

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

Reply:

(1) Yes indeed Honourable member, my Director-General did sign a performance agreement with me in accordance with the applicable prescripts.

(2) Falls away.

(3) Falls away.

 

Reply:

I am not certain what the Honourable member is trying to achieve with this question. I am on record on this matter disapproving of any plans to continue with rectification, it is undesirable. I wish to reiterate what I said during the Policy Debate on the budget of my Department on 12 May 2015 in the NCOP. I indicated,

“We are no longer rectifying houses using our budget. Any house that has defaults is the responsibility of the NHBRC, which is responsible to identify the contractor and ensure that they rectify the shoddy work at their own cost. The money currently used on rectification can and will be used in building more houses”.

Honourable member, I want to unequivocally state that it is now policy that my Department will no longer rectify any houses using its funds. A directive in this regard was issued in 2015 to all Provincial Human Settlements Departments that no funding from the Human Settlements Development Grant may be utilised for rectification.

Otherwise, where and when rectification took place, it would have been reported on in previous annual reports and I would suggest that the Honourable member consult these reports for information dating back to 2012.

Reply:

(a)(i) Mr JB Hlatshwayo: Grade 12, Bachelor of Accounting Science (Hons).

    (ii) Not applicable

(b) (i) Mr MM Mlengana: Grade 12, Bachelor of Arts , Higher Diploma in Education, Bachelor of Arts (Hons), Master of Arts (Economics/ Political studies).

(ii) Not applicable