Reply:

(a) At the time when the matter was reported to the Department, the official was placed on precautionary suspension pending outcome of the investigation. The investigation report recommended that one LRP be charged with misconduct for issuing fraudulent travelling documents to another person. Following the representations that the official made, the official’s precautionary suspension was withdrawn.

(a) Steps have been taken in that on 10 and 11 February 2015, a disciplinary hearing was conducted against the LRP and the chairperson found him guilty of the charges. The chairperson pronounced a sanction of dismissal against the LRP. The latter appealed against the dismissal sanction but the Appeal Authority confirmed the dismissal.

Unquote.

Reply:

The national Departments have no HOD but Director Generals, this question is much more appropriate for the provinces.

1. Currently, the department has no HOD; it has an Acting Director General (ADG) who has a performance agreement since his employment as Deputy Director General (DDG).
2. There was no DG without signed performance agreement who was paid performance bonus.
3. There was no performance bonus paid out

Reply:

(a) My department has spent the following amounts on advertising:

    (i) Africa News Network 7 Channel

(aaa) 2015-16 Financial year is R0.00

(bbb) Since 1 April 2016 to date is R0.00

(ii) SA Broadcasting Corporation:

(aa) Television Channels

(aaa) 2015-16 Financial year is R549 494.34

(bbb) Since 1 April 2016 to date is R32 640.00

(bb) Radio Stations

(aaa) 2015-16 Financial year is R864 000.00

(bbb) Since 1 April 2016 to date is R0.00

(iii) National Commercial Radio Stations:

(aaa) 2015-16 Financial year is R165 000.00

(bbb) Since 1 April 2016 to date is R 0.00

(iv) Community channels:

(aa)Television

(aaa) 2015-16 Financial year is R147 000.00

(bbb) Since 1 April 2016 to date is R0.00

(bb) Radio Stations

(aaa) 2015-16 Financial year is R640 000.00

(bbb) Since 1 April 2016 to date is R0.00

b) The entities reporting to the Department have spent the following amounts on advertising 2015/16 FINANCIAL YEAR

ENTITY	ANN7 Channel	SABC TV Channels	SABC Radio Stations	National Commercial Stations	Community TV channels	Community Radio Stations
AFRIKAANS TAALMUSEUM EN MONUMENT	R0	R0	R0	R0	R0	R0
FREEDOM PARK	R0	R0	R0	R0	0	R25 000.00
DITSONG MUSEUM	R0	R0	R0	R0	R0	R0
IZIKO MUSEUM				R83 980.38		R12000
KZN MUSEUM	R0	R0	R0	R0	R0	R0
LUTHULI MUSEUM	R0	R0	R12, 082.97	NIL	NIL	R1,156.54
MSUNDUZI MUSEUM	R0	R0	R0	R0	R0	R0
NATIONAL MUSEUM	R0	R0	R0	R0	R0	R0
NATIONAL ENGLISH LITERARY MUSEUM	R0	R0	R0	R0	R0	R0
NELSON MANDELA MUSEUM	R0	R0	R0	R0	R0	R28 002.54
ROBBEN ISLAND	R0	R0	R0	R0	R0	R0
SAHRA	R0	R0	R0	R0	R0	R0
WILLIAM HUMPHRY	R0	R0	R0	R0	R0	R0
WAR MUSEUM OF THE BOER REPUBLIC	R0	R0	R0	R0	R0	R0
NATIONAL LIBRARY OF SOUTH AFRICA	R0	R0	R0	R0	R0	R0
SOUTH AFRICAN LIBRARY FOR THE BLIND	R0	R0	R0	R0	R0	R0
ARTSCAPE	R0	R0	R0	R0	R0	R0
PACOFS
THE PLAYHOUSE COMPANY	R0	R0	R0	R132 787.20	R0	R0
THE STATE THEATER	R0	R0	R285 000	R309 403	R0	R0
NATIONAL FILM AND VIDEO FOUNDATION	R0	R0	R0	R0	R0	R0
WINDYBROW	R0	R0	R0	R0	R0	R0
THE MARKET THEATRE	R0	R0	R0	R101 639	R0	R0
NATIONAL ARTS COUNCIL	R0	R0	R0	R0	R0	R0
NATIONAL HERITAGE COUNCIL		R0	R0	R170 895.00
TOTAL	R0	R0	R297 082.97	R798 704.83	R0	R66 159.08

b) The entities reporting to the Department have spent the following amounts on advertising SINCE APRIL 2016/17

ENTITY	ANN7 Channel	SABC TV Channels	SABC Radio Stations	National Commercial Stations	Community TV channels	Community Radio Stations
AFRIKAANS TAALMUSEUM EN MONUMENT	R0	R0	R0	R0	R0	R0
FREEDOM PARK	R0	R0	R0	R149 000.00	0	R10 000.00
DITSONG MUSEUM	R0	R0	R0	R0	R0	R0
IZIKO MUSEUM				R29 535.18		R3000
KZN MUSEUM	R0	R0	R0	R0	R0	R0
LUTHULI MUSEUM	R0	R0	R0	R0	R0	R1,156.54
MSUNDUZI MUSEUM	R0	R0	R0	R0	R0	R0
NATIONAL MUSEUM	R0	R0	R0	R0	R0	R0
NATIONAL ENGLISH LITERARY MUSEUM	R0	R0	R0	R0	R0	R0
NELSON MANDELA MUSEUM	R0	R0	R0	R0	R0	R39 000
ROBBEN ISLAND	R0	R0	R0	R0	R0	R0
SAHRA	R0	R206 161.36	R0	R0	R0	R0
WILLIAM HUMPHRY	R0	R0	R0	R0	R0	R0
WAR MUSEUM OF THE BOER REPUBLIC	R0	R0	R0	R0	R0	R0
NATIONAL LIBRARY OF SOUTH AFRICA	R0	R0	R0	R0	R0	R0
SOUTH AFRICAN LIBRARY FOR THE BLIND	R0	R0	R0	R0	R0	R0
ARTSCAPE	R0	R0	R0	R0	R0	R0
PACOFS	Awaiting response
THE PLAYHOUSE COMPANY	R0	R0	R0	R0	R0	R0
THE STATE THEATRE	R0	R0	R399 000	R171 000	R0	R0
NATIONAL FILM AND VIDEO FOUNDATION	R0	R0	R0	Power FM R490 000.00	R0	R0
WINDYBROW	R0	R0	R0	R0	R0	R0
THE MARKET THEATRE	R0	R0	R0	R281 377	R0	R0
NATIONAL ARTS COUNCIL	R0	R0	R291 042.00	R0	R0	R0
TOTAL	R0	R206 161.36	R690 042.00	R1 120 912.18	R0	R53156.54
GRAND TOTAL	R0	R206161.36	R1040281.51	R1770617.01	R0	R119315.62

Reply:

1. The Department did not play any role in the hosting of the Thank You SABC Music Concert that was held on 10 September 2016 at the Orlando Stadium. A request for support was received, however the DAC could not provide the funding requested due to financial constraints.

Reply:

1. A preliminary investigation to establish the veracity of the allegations made in the protected disclosure has been instituted by the Minister of Science and Technology and the CSIR Board.

(a) A preliminary investigation is still underway and the Minister is unable to ascertain the date within which the investigation will be concluded.

(b) The General Council of the Bar of South Africa has been briefed to conduct the preliminary investigation into the allegations made in the protected disclosure.

2. The Minister will advise Cabinet on the outcome of the preliminary investigation.

3. The CSIR Board as the Accounting Authority of the CSIR was advised of the protected disclosure.

Reply:

(a-d) ID smart cards are currently issued to South African citizens born abroad. However, citizens born abroad can access the live capture system by applying in South Africa only and not abroad.

Reply:

(a) No second-hand cellphone stores within the Kempton Park Police Station precinct have been closed due to the owners not having a licence for second-hand goods.

(b) Not applicable.

(c)(i) Not applicable.

(c)(ii) Not applicable.

Reply:

(a) No second-hand cellphone stores within the Tembisa South Police Station precinct have been closed due to the owners not having a licence for second-hand goods.

(b) Not applicable.

(c)(i) Not applicable.

(c)(ii) Not applicable.

Reply:

1. The Minister of Police hereby confirms that a performance agreement was signed with the suspended National Commissioner of the South African Police Service (SAPS), General Phiyega (Head of Department)(HOD) for the 2014/2015 and 2015/2016 financial years. Due to the suspension of this HOD, a performance agreement for the 2016/2017 financial year was concluded with the Acting National Commissioner of SAPS, Lieutenant General Phahlane.

Due to the suspension of General Phiyega during October 2015, the assessment process could not be completed for the 2014/2015 financial year. As the suspension is still in place, no assessment for the 2015/2016 financial year will be initiated until the reasons for the suspension have been resolved.

2. As no formal assessment of the suspended HOD was possible, it can be confirmed that the HOD of SAPS has not received any form of performance bonus for either the 2014/2015 or 2015/2016 financial years.

3. The response to Question 2064 only relates to information at the disposal of the South African Police Service. Information relating to the Independent Police Investigative Directorate and the Civilian Secretariat for Police will have to be obtained from those departments.

Reply:

(b) Airports Company South Africa SOC Limited (ACSA)

     (i) None

     (ii) None

     (iii) Airports Company South Africa SOC Limited used the services of Classic FM to promote the company’s sponsorship and participation in the Aviation Outlook Africa Conference and Exhibition on 30 June – 1 July 2015. The company spent R200, 000.00 to sponsor the Classic Business Show as sponsorship leverage for the above mentioned conference and exhibition.

    (iv) (aa) None

         (bb) None

         (aaa) None

         (bbb) None

(b) Air Traffic and Navigation Services SOC Limited (ATNS)

B – Entity Reporting to The Minister	(aaa) – 2015/16	(bbb) – from 1 April 2016
i	None	None
ii	None	Yes
aa	None	None
bb	None	Yes(see below)
iii	None	R90 000 (Metro FM)
iv	None	Yes
aa	None	None
bb	None	R66 836

(b) South African Civil Aviation Authority (SACAA)

(a) Not applicable.

(b) South African Civil Aviation Authority.

(i) Nothing was spent on Africa News Network 7,

(ii) South African Broadcasting Corporation (SABC)

(aa) R458 848.80 on SABC 1 and SABC 2; and

(bb) R180 000 on Motsweding FM,

(iii) Nothing was spent on National Commercial Radio Stations; and

(iv) (aa) Nothing was spent on community television stations; and

(bb) R321 500,00 was spent on advertising on the following radio stations: North West FM, Mafisa FM, Vaaltar FM, Star FM, Modiri FM, Lichvaal Stereo, Kopanong FM, Mmabatho FM, Mafikeng FM and North-West University FM;

(aaa) In the 2015-16 financial year, a total of R960 348.80 was spent on radio and TV advertising; and

(bbb) Since 1 April 2016 nothing was spent on radio and TV advertising.

 

 

Reply:

(1) No, the Minister of Police is not aware that the South African Police Service (SAPS) is referring some criminal offences directly to court without conducting proper investigation. The SAPS is referring cases to court in which there is prima facie evidence to place cases on the court roll. In some of these cases the investigation has not yet been concluded due to outstanding evidential material that must still be obtained and filed in the case dockets.

(1)(a)(i) and (ii) See reply to paragraph (1) above.

(1)(b)(i) and (ii) See reply to paragraph (1) above.

(2) No.

Reply:

(1)(a) Two members per sector, a total of eight members.

(1)(b) One vehicle per sector, a total of four vehicles.

(2)(a) Four members per sector, a total of 16 members.

(2)(b) Two vehicles per sector, a total of eight vehicles.

(3)(a)(i) 19 Members.

(3)(a)(ii) Five vehicles.

(3)(b) The new vehicles purchased for Boksburg North Police Station will be issued by 31 March 2017. The province received an allocation of 1 300 posts for new entry-level enlistments during the 2017/2018 period. The identified vacancies will be filled with these new entry-level enlistments.

Reply:

(a) The online verification system has been suspended as of 11 March 2015 on the website of the Department.

(b) The system was accessed by almost everybody who has an idea of how an ID number is constituted, which led to ID number phishing, abuse of the system, denial of services to those who genuinely required using the system as it was intended for. The Department (DHA) also encountered some financial and insurance organisations verifying ID and status of their potential clients without client consent and bypassing of departmental processes when it comes to identity of citizens. All these led to violation of the current legislation and clogging of DHA website.

(c) At the moment there is no envisaged date to open up the system, but there are processes in place to ensure that those who need this service can have access to it. Entities that require online verification of their clients ID and status must follow the prescribed process for application of secure access to the service and are to be governed through a Memorandum of Understanding (MOU) to protect citizens information.

Reply:

(a) The mentioned vehicles do not belong to the South African Police Service.

(b) Not applicable.

(c) Not applicable.

Reply:

(1)(a-d) The HOD (Director-General) was appointed on a 5 year contract with effect from 1 April 2010 to 31 March 2015 and at the end of his contract the Minister took a decision to reappoint the Director-General (DG) for another 5 years. In terms of the SMS Handbook HOD’s / DG’s are required to sign an annual performance based agreement for the performance cycle (financial year) 1 April – 31 March. To date, DG has complied with this requirement. DG’s last performance assessment was for the financial cycle 2014/15 and was conducted and finalized on 02 December 2015.

(2) Not applicable.

(3)(a-b) DG (HOD) received a performance bonus for the financial year 1 April 2010 – 31 March 2011. DG received a category B outcome at a rate of 8% which was in line with the department’s performance in accordance with the SMS Handbook.

Reply:

(1)(a) The investigation into case docket, Akasia CAS 300/06/2016 has not yet been concluded. The injured victim, who is still in hospital due to injuries sustained in the motor vehicle collision, must assist with the re-construction of the collision scene.

(1)(b) The charge contained in the case docket is reckless and negligent driving of a motor vehicle.

(2) No suspects have been arrested or charged in this matter. It is normal procedure in the investigation of cases of this nature that the South African Police Service (SAPS) concludes the investigation and then refers the case docket to the Senior Public Prosecutor (SPP) for a decision on prosecution. Should the SPP decide to prosecute in the matter, a summons to appear in court is issued by the SPP which will then be served on the accused to appear in court on the pre-determined court date.

(3)(a) Yes, a possible suspect, the driver of the other motor vehicle was interviewed on 20 June 2016 and his statement obtained.

(3)(b) Yes, an independent eyewitness was interviewed on 20 June 2016 and his statement obtained.

(3)(b)(i) 20 June 2016.

(3)(b)(ii) Statements of the possible suspect and eyewitness have been obtained.

(4) The conclusion of this investigation is dependent on when the victim, who was injured in the collision, is discharged from hospital and his ability to assist with the re-construction of the collision scene.

Reply:

Department of Cooperative Governance

(a)(i) National Diploma: Government Finance

National Diploma: Cost and Management Accounting

B Tech: Business Administration

M Tech: Business Administration

(b)(i) Post currently vacant, with acting appointment

(b)(ii) Bachelor of Arts in Education

Honours Bachelor of Arts

Master of Public Administration

Department of Traditional Affairs

(a)(i) National Diploma: Commercial Practice

(b)(i) Bachelor of Arts

BA Honours in English

Master of Arts in English

D LITT in English

Reply:

The SABC has appointed an executive search company to assist the Board with the filling of the position of Group Chief Executive Officer (GCEO) with a suitably qualified and experienced individual.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

(1)(a) Six members per sector which is a total of 24 members.

(1)(b) Three sector policing vehicles and one sector manager vehicle.

(2)(a) 12 Members per sector which is a total of 48 members.

(2)(b) Two vehicles per sector.

(3)(a)(i) 24 Members.

(3)(a)(ii) Three vehicles for sector policing and two vehicles for sector managers.

(3)(b) The new vehicles purchased for Bedfordview Police Station will be issued to the station by 31 March 2017. The province received an allocation of 1300 posts for new entry-level enlistments during the 2017/2018 period. The identified vacancies that exist will be filled with new entry-level enlistments.

Reply:

(1)(a) 24 Members, thus six members per sector. Two members are posted per shift per sector in four sectors.

(1)(b) Three vehicles for the four sectors.

(2)(a) 32 Members for the four sectors, which is eight members per sector and thus two members per shift per sector.

(2)(b) One vehicle per sector, thus 4 vehicles.

(3)(a)(i) There is a shortage of 8 members.

(3)(a)(ii) There is a shortage of 1 vehicle.

(3)(b) The new vehicles purchased for Norkem Park Police Station will be issued by 31 March 2017. The province received an allocation of 1 300 posts for new entry-level enlistments during the 2017/2018 period. The identified vacancies will be filled with new entry-level enlistments.

Reply:

(1) Yes, a person who is legally entitled to possess a firearm or ammunition in terms of the Firearms Control Act, 60 of 2000 and who is the owner of the firearm or ammunition may surrender that firearm or ammunition to (a) a police official (b) of the South African Police Service by the handing over of the firearm or ammunition to (c) a police station together with the applicable licence, permit or authorisation, together with the applicable form (SAPS 522 (a) – Surrendering of Firearm Item(s)).

(1)(i)-(ii) In all instances where a firearm or ammunition is surrendered to a police station, the circumstances may be investigated to establish whether an offence has been committed with or in respect of such firearm or ammunition. A receipt must be handed over to the person from whom the firearm and ammunition is received.

(2) National Instruction 3/2002 regulates the surrendering of firearms and/or ammunition to the South African Police Service.

Reply:

(a) According to the resident at the mentioned address, no shooting took place during the said period.

(b) Not applicable.

Reply:

The formal qualifications for incumbents at the Department of Home Affairs are as follows:

(a)(i) Bachelor of Laws (Baccalareus Legum Civilium); B Com Business Economics and B Com Honours in Cost Management; Master of Business Administration.

(a)(ii) Not applicable.

(b)(i) Diploma in Management and Administration and B Com (Accounting).

(b)(ii) Not applicable.

Reply:

(1)(a) There are 75 visible policing members who are deployed as follows:

- One section commander.

- Three sub-section commanders.

- 12 Members working in the Community Service Centre.

- Five operations commanders.

- 36 Sector team members.

- Eight members performing court duties.

- Two members performing crime prevention duties.

- Three sector managers.

- Five members doing operational support, Firearms, Liquor and Second Hand Goods (FLASH), exhibit management and general enquiries.

(1)(b) Four sectors with one vehicle per sector.

(2)(a) Four members per sector.

(2)(b) Two vehicles per sector.

(3)(a)(i) 16 Members.

(3)(a)(ii) Six vehicles.

(3)(b) The new vehicles purchased for Edenvale Police Station will be issued to the station by 31 March 2017. The province received an allocation of 1 300 posts for new entry-level enlistments during the 2017/2018 period. The identified vacancies will be filled with these new entry-level enlistments.

Reply:

(1)(a) Sector 1: Four members.

Sector 2: Two members.

Sector 3: Two members.

(1)(b) Sector 1: Two vehicles.

Sector 2: One vehicle.

Sector 3: One vehicle.

(2)(a) Sector 1: Four members.

Sector 2: Four members.

Sector 3: Four members.

(2)(b) Sector 1: Two vehicles.

Sector 2: Two vehicles.

Sector 3: Two vehicles.

(3)(a)(i) Three members.

(3)(a(ii) Two vehicles.

(3)(b) The new vehicles purchased for Primrose Police Station will be issued by 31 March 2017. The province received an allocation of 1 300 posts for new entry-level enlistments during the 2017/2018 period. The identified vacancies will be filled with these new entry-level enlistments.

Reply:

(1)(a) 16 Members, which is four members per sector and two members per shift.

(1)(b) Two vehicles are deployed in the four sectors. (1 vehicle for sectors 1 and 2 and 1 vehicle for sectors 3 and 4)

(2)(a) 16 Members, which is four members per sector and two members per shift.

(2)(b) One vehicle per sector.

(3)(a)(i) According to the Fixed Establishment there are no personnel shortages at Sebenza Police Station.

(3)(a)(ii) According to the Efficiency Index System (EIS) there is a shortage of six vehicles at Sebenza Police Station.

(3)(b) The new vehicles purchased for Sebenza Police Station will be issued by

31 March 2017.

Reply:

The formal qualifications of the department’s (a)(i) Chief Financial Officers and/or (ii) acting Chief Financial Officers and (b)(i) Directors-General and/or (ii) acting Directors-General are as follows:

(a)(i) Chief Financial Officer:

Bachelor of Commerce, 1994;

Honours Bachelor of Accounting science, 1997;

Higher Diploma in Law – International Tax Law, 2004;

Higher Diploma in Law – Tax Law, 2002; and

Qualifying Examination and Practical Training- Public Accountant’s and Auditor’s Board- 1999.

(a)(ii) Acting Chief Financial Officer:

Not Applicable – no acting incumbent.

(b)(i) Director General (Suspended)

Bachelor of Arts in Social Work – 1980;

Honours Bachelor of Arts in Social Science – 1986;

Magister Artium (Socialis Scientiae) – 1993; and

Post Graduate Diploma in Business Administration, 1997.

(b)(ii) Acting Director General

National Diploma in Police Administration – 1992; and

Bachelor of Administration (Public Administration) – 2013.

Reply:

(1)(a) The total number of visible policing officers is 24. This consists of eight members per sector thus providing two members per four shifts, per sector for three sectors. Additionally there are three sector managers.

(1)(b) There is a total number of four vehicles available for the three sectors.

(2)(a) The total number of visible policing officers should be 48. This would provide 16 members per sector which is four members per four shifts per sector for three sectors.

(2)(b) The minimum number of vehicles to be placed in a sector is two.

(3)(a)(i) There is a shortage of 24 officers.

(3)(a)(ii) Each sector should have two vehicles, thus the station has a shortage of two vehicles to have two vehicles available in each sector.

(3)(b) The new vehicles purchased for Tembisa South Police Station will be issued by 31 March 2017. The province received an allocation of 1 300 posts for new entry-level enlistments during the 2017/2018 period. The identified vacancies will be filled with these new entry-level enlistments.

Reply:

(1)(a) 48 Members, who are divided into seven sectors.

(2)(b) Seven vehicles per sector.

(2)(a) Four members per sector, per relief, thus a total of 112 members.

(2)(b) Two vehicles per sector, thus a total of 14.

(3)(a)(i) 64 Members.

(3)(a)(ii) Seven vehicles.

(3)(b) The new vehicles purchased for Tembisa Police Station will be issued by 31 March 2017. The province received an allocation of 1 300 posts for new entry-level enlistments during the 2017/2018 period. The identified vacancies will be filled with new entry-level enlistments.

Reply:

The sponsorships and/or partnerships to support the Thank You SABC music concerts would have been sought by Phumelela Group as the organiser of the event.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

The State Security Agency (SSA) has not spent funds on any television or radio stations as stated above.

Reply:

(a) The South African Police Service spent the following amounts on advertising.

(aaa) In the 2015/2016 financial year:

	Africa News Network 7	R958 662,84
(ii)(aa)	SABC Television	R744 705,00
(ii)(bb)	SABC Radio	R669 718,65
	Commercial Radio	R122 351,00
(iv)(aa)	Community Television	R0,00
(iv)(bb)	Community Radio	R627 000,00
Grand Total	R3 122 437,49
(bbb) For the period 1 April 2016 to 30 August 2016:
	Africa News Network 7	R958 662,84
(ii)(aa)	SABC Television	R912 000,00
(ii)(bb)	SABC Radio	R0,00
	Commercial Radio	R0,00
(iv)(aa)	Community Television	R0,00
(iv)(bb)	Community Radio	R0,00
Grand Total	R1 870 662,84

 

Reply:

(1)(a) The case docket Mabopane CAS 110/08/2014 is still under investigation and currently on the court roll at the Ga-Rankuwa Magistrate’s Court.

(1)(b) The charge in this case docket is Rape.

(2) Yes, a suspect was arrested on 11 August 2014. The suspect failed to appear in court on the remand date. However, he was traced in prison on 21 April 2016 and appeared in court on that day. The case against the accused was remanded to 27 September 2016 to allow the defence to obtain copies of the content of the case docket.

(3)(a) Yes, the arrested suspect was interviewed on 11 August 2014 and a warning statement was obtained from him.

(3)(b) Yes, witnesses were interviewed on 11 August 2014 and 9 September 2014 and their statements obtained.

(3)(b)(i) The suspect was interviewed on 11 August 2014.

The witnesses were interviewed on 11 August 2014 and 9 September 2014 respectively.

(3)(b)(ii) The arrested suspect’s warning statement and statements from the witnesses were obtained.

(4) The investigation is concluded and a trial date must be determined.

Reply:

(a) (i) The Department of Communications did not budget for nor spend on the Thank You SABC Music Concert.

(ii) The Thank You SABC concert was an initiative hosted and coordinated by Phumelela Group at Orlando Stadium to thank the SABC and the Board for its endeavours to develop local music/content. Costs pertaining to the event would have been directed and charged to the organisers by all service providers contracted to the event. Whilst the SABC was not directly involved, it made a contribution of R2 695 750.50 to the Phumelela Group.

The SABC charter obliges the corporation to organise, present, produce, provide or subsidise concerts, shows, variety performances, revues, musicals, etc. in connection with the broadcasting and programme supply services of the corporation or any purpose incidental thereto.

In keeping with this obligation, the SABC has identified key events that are aligned to this obligation as well as those events that have the potential of retaining and growing audience share by meeting the needs and expectations of multicultural mass and niche audiences in all official South African languages.

Furthermore, the 90/10 strategic decision by the SABC compels the SABC to escalate its local content measures and provide a much wider variety and cross cultural palate of content that reflects the South African landscape.

aa), bb), cc), dd), ee), ff), gg)

Not applicable.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(a) No second-hand cellphone stores within the Tembisa Police Station precinct have been closed due to the owners not having a licence for second-hand goods.

(b) Not applicable.

(c)(i) Not applicable.

(c)(ii) Not applicable.

Reply:

a) IPID opened 127 cases for 2012/13 financial year, 65 cases for 2013/14, 60 cases for 2014/15 and 41 cases for 2015/16.

b) For 2012/13 IPID received 3 departmental convictions, 7 departmental convictions for 2013/14, 11 departmental convictions for 2014/15 and 11 departmental convictions for 2015/16.

c) For 2012/13 two written warning and one verbal warning were received, five written warning and two verbal warning were received for 2013/14, eleven written warning were received for 2014/15 and for 2015/16 eleven departmental convictions were received, three verbal warning were issued and eight written were also issued.

Reply:

The Minister of Public Works:

Yes, the Department of Public Works (DPW) did submit all documents and other pieces of information in its possession that were required by the National Treasury. The latter received full cooperation from the DPW in the transmission of the documents. Before the Publication of the National Treasury Report the DPW was not informed about any incompleteness of documentation submitted to the National Treasury.

A newspaper article that appeared in the Sowetan of 28 June, 2016, erroneously created the impression that the DPW had attempted to stifle the investigation by the National Treasury. In the latter’s report, which was submitted to the Constitutional Court on 27 June, 2016, there is neither a statement nor allegation whatsoever that the DPW withheld information or documentation in its possession from the National Treasury or its consultants.

Reply:

(a)

DPE	spend	period
(i) ANN7	Nil
(ii) SABC (aa) (bb) Ukhozi FM	Nil R174 676.50	(aaa) (bbb)
(iii) National commercial radio stations Ukhozi FM	R174 676.50	(bbb)
(iv) Community (aa) Cape TV B (bb) Radio Teemaneng Capricorn FM Nongoma FM Nkomazi FM Radio KC Radio NFM Barberton CR Radio Riverside	R91 200 R11 750 R120 270 R35 416.65 R22 500 R15 700 R28 462 R25 000 R34 200	(aaa) (aaa) (aaa) (aaa) (aaa) (aaa) (aaa) (aaa) (aaa)

(b)

SAX	Spend	Period
(i) ANN7	SA Express did not pay for advertising on the channel	(aaa) & (bbb
(ii) SABC (aa) (bb) Motsweding FM SAfm RSG	SA Express did not advertise on SABC television channels R208 980 R15 255 R92430	(aaa) Current financial year Current financial year
(iii) National commercial radio stations North West FM 702	R118 260 R124 814	(aaa) Current Financial year

Transnet	Spend	Period
(i) ANN7	Nil	(aaa) and (bbb)
(ii) SABC (aa) (bb)	Nil R384 082.42 R1 951 130	(aaa) and (bbb) (aaa) (bbb)
(iii) National commercial radio stations	Nil R469 440	(aaa) (bbb)
(iV0 Community (aa) (bb)	Nil R111 937.44 Nil	(aaa)-(bbb) (aaa) (bbb)

Eskom	Spend	Period
(i) ANN7	Nil
(ii) SABC (aa) (bb)	R16 million R8 million R2.4 million R5.5 million	(aaa) (bbb) (bbb) (aaa)
(iii) National commercial radio stations	R9.8 million R6.24 million	(aaa) (bbb)
(iv) Community (aa)	R3.5 million R1.1 million	(aaa) (bbb)

Alexkor	Spend	Period
ANN7	Nil
(aa) (bb)	Nil Nil
(i) National commercial radio stations	Nil
(ii) Community (aa) (bb)	Nil Nil Nil	(aaa) (bbb)

Denel	Spend	Period
(i) ANN7	Nil
(ii) Sabc (aa) (bb)	Nil R363 327.35
(iii) National commercial radio stations	R363 327.35
(iv) Community (aa) (bb)	Nil R140 520 R74 646.96	(aaa) (bbb)

Safcol	Spend	Period
(i) ANN7	Nil
(ii) Sabc (aa) (bb)	Nil Nil
(iii) National commercial radio stations	Nil
(iv) Community (aa) (bb)	Nil Nil	(aaa) (bbb)

Reply:

The Minister of Public Works

(a) The Council for the Built Environment (CBE) annual report states that a total of 213 complaints were received during the year under review. However, after an auditing process the correct number of 218 complaints was recorded. The Built Environment Professional Councils (BEPCs) do take disciplinary action against registered persons alleged to have violated any of the six Acts of Law governing the operations of BEPCs, as well as their respective codes of conduct. They are also empowered to take action against any person whose conduct is regarded as posing a danger to the health and safety of the public within the realm of the built environment.

The reasons for disciplinary cases relate to:

• Improper conduct;
• failure of registered persons to perform professional services within a reasonable time frame;
• professionals undertaking professional work while their registration is suspended;
• competency/design errors; and
• non-compliance with the Code of Conduct.

(b) Most of the cases took more than 90 days to complete. The average time from the date of lodgment to the date of finalisation of cases for the Engineering Council of South Africa (ECSA) is 180 days. The turnaround time is acknowledged as a challenge. This is mainly due to the high cost of investigations and conducting of disciplinary cases. Another challenge is that of a lack of legal resources within the BEPCs. BEPCS are then forced to source the assistance from lawyers outside the organisation.

(c) Out of the 218 complaints received, 131 (61%) complaints were finalised, while 87 (39%) were still in progress and 8 were withdrawn.

(d) The BEPCs’ disciplinary or accountability processes vary from one another. For instance, a matter may be closed without sanction or disciplinary action may be taken. Sanctions can take a number of forms and may be imposed singularly or in combination.

(Please see Annexure A and B for specified outcomes per case)

Penalties include:

• Reprimand or censure: reprimand and censure are similar in that they are official records, indicating that a licensee has been disciplined. They may, in themselves, not hamper one’s ability to practice, but may be imposed along with other penalties.
• Citation: the BEPC of the registered person may impose a fine or order of bargain, in lieu of making a formal accusation.
• Cease and desist order: an order to stop a particular activity or else face a penalty.
• Warning: this can be accompanied by stipulations or specific requirements.
• Mandated continuing education.
• Remediation: an attempt to correct practice and promote safety; it may define terms for the registered person to be reinstated in good standing.
• Referral to an alternative-to-discipline programme.
• Probation: during probation, the registered person may or may not be permitted to practice. If the registered person is permitted to remain in practice during the period of probation, it is with terms and conditions or restrictions.
• Suspension: a period of time in which a registered person may not practice or hold him/herself out.

 

ANNEXURE A

Number of Complaints received and their nature	Completed	In progress
SACQSP Total - (42) Breach of the SACQSP Code of Conduct Candidate working for own account (3) Candidate work not being supervised (5) No PrQS in branch office (3) Poor quality of work (3) Mentor not signing workplace skills records (2) Soliciting a bribe (2) Contravening of Act 49 / 2000 – Clause 18(2) Misrepresenting themselves as a registered QS (5) Performing the work of a PrQS but not being registered (16)	Mr J. Mpambela – candidate working for own account – fined Mr R. Van Wyk – fined Mr M.Z.C. Buyeye – fined and censured Jacques Olivier – candidate working for own account – fined R & G Consultants – branch not managed by a PrQS – corrected Raphael Bagarette / Jade Hare of Granbuild – candidates misrepresenting their status - corrected	Disciplinary Stuart Ray – Unprofessional conduct Anthony Porter – Unprofessional conduct (awaiting evidence) Jayshenie Govender – failed to uphold the letter of supervisor undertaking Siseko Quantity Surveyors cc – unprofessional conduct Lwazi Msani – candidate caught cheating in the Professional Skills Module Exams
Number of complaints withdrawn	1	Mr A.S. Van Wyk – theft of funds – the matter was handled incorrectly in terms of procedure and has to recommence from the beginning. A former Registrar failed to issue a formal charge sheet within the 5-years since the complaint arose.
SACAP Total – 112 Failure to perform architectural services within a reasonable time. Failure to comply with Rule 4.1 Carrying out work during the period in which the registration has been suspended.	Number of Registered Professionals who were sanctioned to a fine including suspended fines: Bekker Margueretta v Hennie le Roux fined R10 000.00; Steven Malese v Lungile Nongwana fined R10 000.00 ; SACAP v Michael Fakude fined R6 500.00 and R1 300.00 of this amount is suspended for 1 year; SACAP v Lorryn O’Sullivan fined R3 000 and R600.00 of this amount is suspended for a period of 1 year on condition SACAP v Bruce Dickson fined R8 000.00 and R1 300.00 of this amount is suspended for 12 months; SACAP v Eric Phofu, fined R2 000.00 suspended for one year SACAP v Nceba Coki fined R10 000.00 Suren Indhul v Raj Maharajh fined R7 000.00. R1 400 of this amount is conditionally suspended for one year; SACAP v Kgwaripane Mashego fined R5 000.00; SACAP v Patrick Hofer fined R8 500 and R1 700 was suspended for one year; SACAP v Boitumelo Sibiya fined R 2 000 suspended for two years; SACAP vsJohannes Haggard fined R4 500 and R2000 suspended for 1 year; SACAP v Anthony Purcell fined R2 000.00 and R400 is suspended for one year; SACAP v Abdul Gafoor fined R7 500.00; SACAP v Anthony Mhlongo fined R10 000.00; SACAP v Thorn Plaaitjies fined R2 000.00; SACAP v Joseph van Huyssteen fined R5000.00 with R2500 suspended for one year; SACAP v Knowledge Madinga fined R10 000 and R2 000.00 of this amount is conditionally suspended for one year; SACAP v Hennie van der Merwe fined R2 000.00 and R400 is conditionally suspended for a period of one year; SACAP v Sello Fume fined R11 500. and R2 300 of this amount is conditionally suspended for a period of one year; SACAP v Moses Masitenyana fined R10 000. and R2 000 of this amount is conditionally suspended for a period of one year; SACAP v Phillipus Kraukamp fined R2 000 and R400 of this amount is conditionally suspended for a period of one year; SACAP v Charles Jiyane, fined R2 000.00 SACAP v Pholoana Mokhethe fined R8 500. and R1 700 of this amount is conditionally suspended for a period of one year SACAP v Peter Hoffman fined R4 000.00; SACAP v Hardin Chawane fined R10 000 and R2 000 of this amount is conditionally suspended for a period of one year; SACAP v Orie Matlaupane fined R4 000.00; SACAP v Francois Smuts fined R 2 000. 00 and R4 000 of this amount conditionally suspended for a period of one year ; SACAP v Abe Keyser fined R2 000.00 suspended for one year ; SACAP v David Mpenyana fined R6 000.00; SACAP v Michael Schoeman fined R2 000.00 and R4 00 of this amount is conditionally suspended for a period of one year; SACAP v Terrence Miya fined 10 000.00 and R2 000.00 of this amount is conditionally suspended for a period of one year; SACAP v Lesiba Brown Phasha fined R13 500 and R2 700 of this amount is conditionally suspended for one year; SACAP v Ntshimane Masedi fined R7 500. R1 500 of this amount conditionally suspended for one year; SACAP v Phillip Manzini fined R10 000. R5 000 is suspended and R5 000 is payable immediately; SACAP v Nkosinathi Mkhize fined R3 500 and R700.00 of this amount is conditionally suspended for a period of one year. SACAP v Leticia Best R6 500.00 and R1 300.00 of this amount is suspended for one year; SACAP v Renaldo Goodall fined R5 000.00 wholly suspended SACAP v Owen Mabandla fined R2 500.00; SACAP v Ravi Ruthenavelu fined R6 500.00 and R1 300.00 of this amount is suspended for one year; SACAP v Ravi Ruthenavelu R2 000.00 and R400 is suspended for one year; SACAP v Tshepo William Malemela fined R9 000.00 and R1 800 of this amount conditionally suspended for a period of one year; SACAP v Jody van Heerden fined R5 000.00 which is wholly suspended for one year; SACAP v Tarisayi Mukomondo fined R2 000.00 of which R400 is suspended; SACAP v Richard Sewshanker fined R1 600.00; SACAP v Graeme Sparrow fined R11 500.00 and R2 300 of this amount is conditionally suspended for a period of one year; SACAP v Lucky Segudla fined R4 000.00; SACAP v Michael Liebenberg   Number of cases reported to the SAPS - 30	Registered professionals with pending settlement agreements: SACAP v Michael Liebenberg SACAP v Sophia Holloway SACAP v Andre Griessel Registered professionals who have been cautioned and/or reprimanded: Piotr Plebankiewics Raynier Lewis Danie Kruger Margueretta Bekker Alista van Rooyen Registered professionals whose registrations have been withdrawn: Mongi Mbili Ganesan Govender Lizwe Mabutho Isaac Masotsha
Number of complaints withdrawn	0
SACPCMP Total - 4 1 complaint of unethical conduct against a registered person through influencing the termination of the appointment of an Architect by the client. 1 complaint of rendering a service as a Project Manager for the development of a residential premises even though not registered. 1 complaint of unprofessional conduct by a registered person for advertising for work through a promise of payment of a referral commission. 1 complaint of advertisement of services as a Pr CHSA, Pr CM, Pr CPM and PrC mentor even though not registered in any of these categories.	1 complaint of advertisement of services as a Pr CHSA, Pr CM, Pr CPM and PrC mentor even though not registered in any of these categories. The Council has no jurisdiction over unregistered persons, however, it was decided that a formal caution be issued to the person concern to desist from doing so and that if he continues, such misrepresentation, then the Council reserved its right to pursue action against them.	1 case was against an unregistered person practicing as Project Manager and since Council has no jurisdiction over unregistered persons no further action was deemed necessary. 1 case of misconduct against a registered person, which upon investigation was deemed to be unproven, hence the complaint was dismissed. 1 case of misconduct against a registered person who upon being requested to provide additional information to substantiate his allegation refused to do so hence this has been put on hold until such time that he provides the information requested from him.
Number of complaints withdrawn	0
SACPVP Total - 15 complaints of improper conduct 1 complaint against an unregistered person	0	Inaccurate valuations, candidates conducting valuations without (proper) supervision, misleading advertising, Fraud, Inefficient discharging of duties, Conflict of interest, Breach of contract, Failure to hand down appeal Board decision, Theft of client’s property Unfair labour practice
Number of complaints withdrawn	7	The complainants withdrew their cases
SACLAP None

ANNEXURE B - ECSA

NO.	RESPONDENT	MERITS OF INVESTIGATION	DATE COMPLAINT RECEIVED (year, month, date and number)	OUTCOME OF INVESTIGATING COMMITTEE
1.	R Brittnell against A J Killian Pr Tech Eng (8870177)	It is alleged that the Respondent as an official of the Local Authority, responsible for tender documents scrapped certain requirements of a tender and that” his actions directly deprived consulting engineering companies the opportunity to participate in a fair tender process”.	(2012/11/20 - 32)	The Investigating Committee considered the matter and was of the opinion that there was no prima facie evidence of improper conduct by the Respondent.
2.	BRS & R A Wilson obo BRS Wilson Family Trust against D A Rees Pr Eng (790430)	It is alleged that the Respondent, appointed to facilitate a township development, created an unacceptable conflict of interest and failed to carry out his engineering responsibilities with the required degree of competence.	(2013/05/13 – 16)	The Investigating Committee considered the matter and were of the opinion that there was insufficient prima facie evidence of improper conduct by the Respondent.
3.	W Strydom obo Avondans Home Owners Association (AHOA) against F J Klomp Pr Eng (830442)	It is alleged that the Respondent rendered professional services to the Developer for the Avondans Development in the construction of the roads. The development was taken over by AHOA. A crack appeared in the road whereafter AHOA employed an independent engineering service to do an investigation and provide a report on their findings. The report indicated that standard construction procedures were not followed. The Respondent denied responsibility and refused to guarantee the quality of his work.	(2013/06/27 - 27)	The Investigating Committee considered the matter and was of the opinion that there was insufficient prima facie evidence of improper conduct by the Respondent.
4.	H P Heath against R L Keudel-Schaffer Pr Tech Eng (200170125)	The Respondent issued a completion certificate for a roof which had been repaired. The said roof was subsequently found to be defective.	(2012/05/11-12)	The Complainant withdrew the complaint, but due to the number of complaints received against the Respondent, the matter was referred to PROTT as part of their brief.
5.	ECSA against E J Pieters Pr Cert Eng (201290010)	Improper Conduct	(2013/11/07 - 47)	The Investigating Committee considered the Respondent’s formal apology.
6.	E Maritz against J Erwee Pr Eng (950433)	It is alleged that the Respondent was appointed as the responsible engineer for the Complainant’s home. A dispute arose between the builder and the owner and the Respondent who was appointed by the builder refuses to issue the completion certificate.	(2013/12/10 - 54)	There was insufficient evidence of improper conduct by the Respondent.
7.	C M F Rawlins against Messrs M S Moodley Pr Tech Eng (9340122), S Naidu Pr Eng (20010315) and R J Young Pr Eng (702868)	The Complainant was issued a notice alleging that his gazebo caused the failure of his neighbour’s wall. It is alleged that the first Respondent produced a report in June 2006 containing significant errors and omissions resulting in successive notices of intended prosecution. It is further alleged that the first Respondent failed to correct the evidence presented to the Courts by the Council and failed to respond to letters from the Complainant. The second Respondent was appointed as an independent engineer by Council and accepted the appointment knowing that the first Respondent had a history of prior involvement in the matter. He thereafter issued a report which contained errors and submissions and allowed this report to be used as evidence in ongoing court proceedings. The Respondent has further failed to respond to letters from the Complainant regarding this issue. It is alleged that the third Respondent provided the Council with false certification of a wall, that he failed to challenge the statements made by the first Respondent and that he affirmed his “false certification” in the subsequent court action.	(2014/02/12 – 04)	The Investigating Committee considered the Assignee’s recommendations and were of the opinion that there was insufficient evidence of improper conduct by the Respondents.
8.			(2014/02/12 – 05)
9.			(2014/02/12 –06)
10.	A D Barratt against A Mitchell Pr Tech Eng (877066)	It is alleged that the Complainant pointed out inconsistencies and irregularities in the alteration of his neighbour’s home. A stop works order was issued which led to the Respondent sending a “threatening” email to the Complainant.	(2013/09/30 – 41)	A Peer Counselling meeting was successfully concluded with the Respondent on 23 April 2014 and the Peer Counselling Report was received.
11.	P Venter against H S Van Der Walt Pr Eng (860204)	The Respondent was appointed as the engineer to conduct engineering work on the foundation, floor slab and stairs of the Complainant’s dwelling. The said structures demonstrated defects.	(2013/03/26 – 08)	The Assignee’s report was considered by the Investigating Committee which resolved that there was no evidence of improper conduct by the Respondent.
12.	A Solomon against L C Smith Pr Eng (860253)	It is alleged that the Respondent undertook work without the Complainant’s consent or approval of the building plans along the Complainant’s boundary wall. The Respondent’s client is the Complainant’s neighbour.	(2013/07/08 - 29)	The Assignee’s verbal report was considered by the Investigating Committee which resolved that there was no evidence of improper conduct by the Respondent.
13.	N E Wana against J F G Fourie Pr Eng (870038)	It is alleged that the Respondent constantly requested his own contractor to be appointed to the project. When this was not done, he found fault with the work done by the builder. The Respondent on ascertaining that an independent engineer was appointed by the owner withdrew his completion certificate.	(2013/08/02 – 32)	A response from the Complainant was not forthcoming despite numerous requests from the administration. To close the matter.
14.	J D Scheepers against J M van den Berg Pr Eng (790409)	The Complainant is a contractor who was employed to do additions to a house. Towards completion of the work, the Complainant experienced some problems with the homeowner. The Complainant then requested the homeowner to pay for the labour and material used and the homeowner refused. The homeowner then brought in the Respondent. It is alleged the Respondent, in inspecting the work done by the Complainant, failed to apply his professional skills and that his opinions were subjective.	(2013/08/07 – 35)	The Investigating Committee considered the Expert and Assignee’s report and resolved that there was no evidence of improper conduct by the Respondent.
15.	Dr A van Rensburg Pr Eng against Prof R Sandenbergh Pr Eng (790475)	It was alleged that the Respondent did not comply in accordance with the OHS Act when the Complainant addressed safety hazards with the Respondent during construction of the University. The Respondent allegedly did not adhere to requirements in respect of the appointment of personnel nor did he inform ECSA’s accreditation committee of the employee’s non-registration status and qualifications. It is further alleged that the Respondent “intentionally lied” in an affidavit regarding a formal grievance lodged by the Complainant.	(2014/02/12 - 08)	Substantiating information was not forthcoming from the Complainant. That the safety issues were addressed with the Respondent and further information with regards thereto supplied by the administration.
16.	R Ramphal against V K Ori Pr Tech Eng (9470055)	It is alleged that the Respondent submitted a payment certificate which was above the tendered price.	(2014/02/27 - 10)	That the Investigating Committee considered the matter and resolved that the matter is of a commercial nature.
17.	A Parsotham against T W Harper Pr Eng (940368)	Subsequent to the builder absconding, a new builder was tasked to assess and repair the damages resulting in a dispute with the engineer. It is alleged by the Complainant that “the internal walls and trenches were non-existent; the soil was not compacted before the slab was cast; the slab had various defects and that the walls were cracking and had to be pulled down”. A completion certificate was issued on 23 August 2013 in respect of the foundations.	(2014/04/22 - 16)	That the Investigating Committee consider the matter and resolved that there was no prima facie evidence of improper conduct by the Respondent.
18.	I C van der Vyver Pr Eng against M J Marais Pr Eng (940375)	The Respondent, an employee of Arcus Gibb, was appointed by the client to undertake an administrative and regulatory audit of the Complainant’s project. The client subsequently terminated the appointment of the Complainant’s company and appointed the Respondent’s company for the said project. It is alleged that the Respondent was not furnished with a copy of the audit report for comment.	(2013/08/07 – 34)	A Peer Counselling meeting was successfully concluded with the Respondent.
19.	D Sibiya against J C van Tonder Pr Eng (750430)	It is alleged that the Respondent was appointed as the responsible engineer for a first floor slab and staircase to the Complainant’s property for which he issued a completion certificate despite defects to the staircase and the slab which is on the brink of collapse.	(2013/05/29 – 18)	That the Peer Counselling Meeting was successfully concluded with the Respondent.
20.	S Sewchuran against D Rammanhor Pr Tech Eng (201270056)	The Respondent was responsible for the design of the neighbour’s retaining walls. The Complainant alleges that excavation took place onto her property by the Respondent’s client. The Complainant approached the Local Authority regarding safety issues and was advised that back filling appeared to have been done which needed to be removed by her. The Complainant alleges that the wall built poses a danger to her property and vehicles.	(2014/05/26 - 23)	The Assignee’s verbal report was considered by the Investigating Committee which concluded that there was no evidence of improper conduct by the Respondent.
21.	G Strydom v J N M Barker Pr Eng (750309)	It is alleged that the respondent designed the lateral support system supporting an 8 metre sand bank on the complainant’s northern property boundary. No permission was given for the lateral support. An independent engineering report concluded that the building work carried out on this plot encroached over the common boundary line onto the complainant’s property and has resulted in a potential collapse of the existing dwelling.	(2014/02/11 - 03)	No prima facie evidence of improper conduct.
22.	G van Wyk v N Barnard Pr Eng (870461)	It is alleged that the Respondent signed off a temporary inspection certificate for temporary pavilions erected for the North West University for a rugby match. A large amount of spectators were expected at the final rugby match. Before the main event, one of the temporary pavilions collapsed whilst the spectators were sitting thereon. No injuries were reported and an inspection was undertaken of all the other temporary pavilions, which were subsequently declared unsafe.	(2014/05/14 - 21)	No prima facie evidence of improper conduct.
23.	W D Niewoudt v C F Joubert Pr Eng (800192)	The complainant purchased a property off-plan. A week after the complainant discovered that the surface bed had cracks all over, the brickwork was not up to standard and dimensions were not the same as on the approved plans. It is alleged that the responsible engineer is Mr C F Joubert.	(2014/09/04 – 31)	Insufficient evidence of improper conduct from the complainant.
24.	J Morebudi v D R Veldtman Pr Techni Eng (9740088)	It is alleged that the respondent is helping the second bidder by supplying them with confidential information regarding the project. It is further alleged that the respondent signed the completion certificate while he was registered as a technician.	(2014/09/04 – 32)	No prima-facie evidence of improper conduct.
25.	G van der Merwe against C H Magson Pr Tech Eng (770101)	The Respondent allegedly used the Complainant’s (an architect and member of the SACPCMP) registration details without the Complainant’s knowledge which allowed him to secure a tender with the Free State Department of Education.	(2013/11/20 - 52)	That the advisory letter would be forwarded to the respondent.
26.	J Di Mambro against R L Keudel-Schaffer Pr Tech Eng (200170125)	It is alleged that the Respondent undertook the design and supervision of a residential apartment complex during 2003/2004. It is further alleged that the Respondent failed to adhere to acceptable standards regarding the adequacy, quality and suitability of a large sub-surface channel which crosses the site diagonally below the residential apartment complex.	(2014/01/20 - 01)	That a Terms letter was issued to the complainant informing him that failure to respond timeously would result in the case being dismissed.
27.	J J van Niekerk against S P Cilliers Pr Eng (980363), W Kruger Pr Tech Eng (200570100) and J T Pidgeon Pr Eng (780227)	It is alleged that the Respondents were involved in the development of a complex in Bloemfontein. It is further alleged that building plans for the complex were not approved and building plans were not submitted for a septic tank at the back of the complex which is running into the Renoster River.	(2014/02/27 – 11)	That there was insufficient evidence of improper conduct.
28.
29.			(2014/02/27 – 12)
			(2014/02/27 – 13)
30.	G Rossouw against C F Joubert Pr Eng (800192)	The Respondent was appointed to do the structural design and erection supervision of a building in Magaliesburg. It is alleged that the Respondent did not indicate that the contractor deviated from the manufacturer’s instructions. Subsequent to a site visit by the Respondent, during which he advised that work could continue, the floor slab collapsed.	(2014/03/14 - 15)	I was found there was prima facie evidence of improper conduct.
31.	S Manuier against L L Ashton Pr Eng (870461)	It is alleged that the Respondent refused to certify the work of the Complainant who installed a slab on the approval of the owner without the Respondent having seen the requisite drawings and/or plans. The Respondent was requested to provide reasons for his actions. This negatively impacted on the Complainant’s business.	(2014/05/12 - 19)	There was insufficient evidence of improper conduct.
32	S Chilwan against J C Krogscheepers Pr Eng (920021), P J Bullock Pr Eng (840217) and R H Botha Candidate Pr Eng (20095007)	It is alleged that the Respondents acted in breach of the contract entered into between the City of Cape Town and Lumen Technologies CC (the Complainant’s Close Corporation) by amongst others, communicating directly with contractors without the consent of the CC, incurring expenses for the CC, etc.	(2014/06/13 – 24)	There was insufficient evidence of improper conduct.
33.
34.			(2014/06/13 – 25)
			(2014/06/13 – 26)
35.	D Palm against B J Oosthuizen Pr Eng (20050191)	It was alleged that the respondent canvassed and contracted to do work other than what he was trained and qualified for, such as underpinning to structures, executing concrete sub-contract works, as well as structural sub-contract works . That conflict of interest exists where the Respondent accepted appointments from both the client as a Professional Engineer and from the main contractor (complainant) for the underpinning concrete works and structural installations. It was further alleged that the respondent was unwilling to issue the completion certificate.	(2014/07/04 – 28)	That there was insufficient evidence of improper conduct.
36.	R Manaraj against B Ansell Pr Eng (980726)	The respondent representing Clickscales Maughan-Brown (CMB) Electrical and Mechanical Engineers was appointed by Raj Maharajh Associates (RMA), representing the RMA Professional Consortium. It is alleged that the Respondent colluded with a Project Manager of Coega Development Corporation (CDC), which was the client of (RMA) in receiving a payment of R298 683.84 without informing RMA and thus resulted in losses to other members of the RMA Consortium.	(2014/08/21 – 30)	There was insufficient evidence of improper conduct.
37.	H H Page against D P Odendaal Pr Tech Eng (9970121)	The complainant lodged a complaint with Eskom, regarding the publication by some engineers of Eskom on Magnitech Xenon lamp products. During Eskom’s investigation of the above, the Complainant was introduced to the Respondent as an expert. It is alleged that the respondent was not objective and did not apply professional engineering judgement to the case.	(2014/09/04 – 33)	There was insufficient evidence of improper conduct.
38.	H H Page against P M Smit Pr Eng (970373), B G M Van Wyk Pr Tech Eng (9270025) and S R Sishuba Pr Eng (980711)	It was alleged that the Respondents published false information regarding Magnitech Xenon Sodium lamp products without any scientific basis.	(2014/09/04 – 34)	There was insufficient evidence of improper conduct.
39.
40.			(2014/09/04 – 35)
			(2014/09/04 – 36)
41.	D G Naidoo against N J King Pr Eng (930184)	The Respondent was appointed as the consulting engineer on a project to review and design work. It is alleged that the Respondent reviewed the Complainant’s design without informing him. The Respondent’s report was said to be biased leading to the immediate dismissal of the Complainant on the project. The Client also refused to pay the Complainant for outstanding fees and the complainant suffered loss of income and credibility as a result thereof. The Respondent was said to have compromised the position of the Complainant by his actions, which were solely for the Respondent’s benefit.	(2014/09/23 – 40)	There was insufficient evidence of improper conduct.
42.	C van Dyk v J C van Tonder Pr Eng (750403)	The Respondent allegedly allowed an unregistered person to sign off completion certificates, using Respondent’s profession credentials.	(2011/02/08-60)	No prima facie evidence of improper conduct.
43.	Dr T Scholtz v J R Müller Pr Eng (760565) & J G Claassen Pr Eng (910241)	It is alleged that the first Respondent acted as both contractor and registered professional in respect of the Complainant’s home. The first Respondent did not disclose this conflict of interest to the Complainant. The first Respondent then proceeded to act as an expert witness acting on behalf of the second Respondent after being suspended by the NHBRC. It was alleged that the second Respondent acting as an expert witness, made incorrect statements regarding the boundary walls and damp proofing throughout the dwelling.	(2013/10/28 – 42)	No prima facie evidence of improper conduct.
44.
			(2013/10/28 – 43)
45.	M Ungerer against J Singh Pr Tech Eng (200170137)	The Respondent signed off a completion certificate whilst not attending to any site inspections. It is further alleged that the respondent stated that the A19 was not a legally binding document and that he had no contractual obligations to fulfill as the complainant was not his client.	(2013/11/07 – 53)	Insufficient evidence of improper conduct from the complainant.
46.	R Lees v M M B van Rooyen Pr Eng (880203)	It is alleged that the Respondent was appointed as the competent person for the design of a reinforced concrete raft foundation, which has since developed major cracks. The Complainant alleged that the Respondent was not accepting responsibility for the failure of the foundations.	(2014/05/12 – 18)	No prima-facie evidence of improper conduct.

Reply:

(a) The total amount budgeted for the National Gazelles Programme for the year 2015-16 is R R 22 085 000.00

(2) What (a) amount has been budgeted for the specified programme in the 2016-17 financial year and (b) is the breakdown of how the specified budget will be spent;

a) The total amount budgeted for the National Gazelles Programme for the year 2016-17 is R R 20 300 000.00

(3) What are the names of the selection panelists who are responsible for evaluating the applications and making the final selections in each province?

Province	Institution	Representative
Free State	SEDA	B Mshumpila
		Jackie Ntshingila
	Free State Development Corporation	Mafee Mokhethi
	Ernst Young	JJ du Toit
		Barry Fichardt
	Mangaung Chamber of Commerce & Industry	Samuel Galela
	Traction	Karen Kuhlcke
Limpopo	SEDA	Peter Maredi
		Koenie Slabbert
	Limpopo Economic Development Agency	Karabo Kolobe
	Limpopo Business Forum	Nady Thelele
Eastern Cape	SEDA	Zuko Somtunzi
	Mtiya	Zukile Nomafu
	Eastern Cape Development Corporation	Zoliswa Mnqokoyi
Mpumalanga	SEDA	Ntokozo Majola
	National Empowerment Fund	Kgaugelo Sibiya
		Bongani Qokose
	SEFA	Sabelo Mamba
	Lowvelt Chamber of Business & Tourism	T Welem
Kwa-Zulu Natal	SEDA	C Mnguni
	Ithala	Mzondo
		R Naidoo
		D Gpapal
	Success Avenue (ED Expert)	B Ntlabathi
	Kingdom Estate (ED Expert)	E Nhliziyo
Gauteng	SAICA	Mandisi Nombembe Puseletso Modimogale Sabelo Qupe
	University of Johannesburg	Dr Pule Kholopane
	Business Place	Udesh Sewrpersad
		Shaun Govender
	Small Business Development Institute	KB Motlhoioa
		C Kadlodlo
		C Kujekwga
		Thabo Sebeko
		Charles Madzindu
	Industry Experts	I Neethling
		R Kalain
		John Francis
North West/ Northern Cape	SEDA	Mr maimane
		M Moseki
	North West Development Corporation	WJ Wanzi
	Industrial Development Corporation	K Magan
Western Cape	SEDA	Alex Qunta
		Ivor Hendrics
		Kiewit Mhlongo
		Matthew Bertram
	SEFA	Zandile Nyawo
	Anglo Zimele	Portia Zilwa
		Bonita Daniels
	SAP Tradeworld (ED Expert)	Paul Hills
	AEDL (ED Expert)	Mike Klink
	Klop Accelerator (ED Expert)	Guy Harris
	McKellar & Associates (ED Expert)	Ralp McKellar
	SAGE WIZE (ED Expert)	Jean Van Der Merwer

NW1257E

Reply:

(a)(i) B. Compt. (transferred to another Department at the end of September 2016)

(b)(i) Master of Arts (Sociology) and Masters in Security Studies.

________________________

Approved by the Minister on

Date………………………..

Reply:

1. Yes
2. Not applicable.
3. Not applicable

________________________

Approved by the Minister on

Date………………………..

Reply:

(1) How many jobs did her (a) department and (b) the agencies reporting to her directly create in the South African economy in the (i) 2014-15 and (ii) 2015-16 financial years;

(a) Jobs supported through Department Incentives Programs

Program	Number of Jobs Supported	Total
	2014-15	2015-16
Corporative Incentive Scheme ( CIS)	1359	1542	2901
Secondary Marketing Corporative Incentive Scheme ( SMCIS)		330	330
Black Business Supplier Development Program (BBSDP)	10425	11217	21642

 (b) Jobs supported by agencies

Program	Number of jobs supported	Total
	2014-15	2015-16
SEDA Provincial Network	2099	2696	4795
Incubation Programme	Permanent jobs	2035	2331	4366
	Temporary jobs	1283	1055	2338
Sefa ( created and sustained)	60 169	157 417	217 586
Grand Estimated Total			253 958

 

(2) What mechanisms are in place to ensure that a job that has been created is sustained beyond the year in which it was created;

For the department the employment figures are captured during receipt of an application and approval stage and are verified when the clients are being interviewed by the staff. This process is conducted when the unit performs site visits to verifiy the existance of the business, interviewing the clients about the interventions applied for and as well as the content of the information as captured in the application forms.

Sefa’s funding to repeat clients has gained traction in recent years, both among its direct lending and wholesale lending clients (the latter being financed through the micro finance institutions (MFIs) and retail finance institutions (RFIs). To this end, each year, sefa captures information on both new jobs as well as jobs maintained as a result of their repeat clients.

Seda provincial network uses the client journey approach whereby clients receive more than one intervention over an agreed period of support which results in a greater impact on the growth and development of a business. To track the progress and impact after completion of an intervention, Seda conducts an improvement assessment. The business incubation programme is supportive of SMMEs by design and as such SMMEs in the programme are nurtured to continue to grow and hence sustain the jobs created.

(3) What were the gross tax revenues raised and gross addition to South Africa’s Gross Domestic Product directly resulting from the creation of these jobs?

For the Seda Provincial Network, out of a sample size of 841 improvement assessments for the 2014/2015; the clients realised a combined increase in turnover of R230 888 275,00. This sample is from a population of 10,697 clients that were assisted during the financial year.

Out of a sample size of 909 improvement assessments for the 2015/2016; the clients realised a combined increase in turnover of R398 531 287, 30. This sample is from a population of 10,679 clients that were assisted during the financial year.

For the Seda Incubation Programme, for the 2015/16 financial year, the incubation programme recorded a total turn over for the 1 650 supported SMMEs of R 605 908 829

For 2014/15 FY, the SMMEs supported under incubation programme generated a total of R488 980 979.

The department and sefa does not have information pertaining to its client’s tax revenues

 

NW1258E

Reply:

With reference to the Minister of Finance's Budget Speech on 24 February 2016, in which the Minister announced Government's intention to cut R25 billion over three years from the Public Service (national and provincial government) wage bill,

(a) According to information received from National Treasury, the first four months of the 2016-17 financial year compared to that of the first four months of the 2015-16 financial year, is as reflected in the Table below;

R'000		April		May		June		July		Total
2015/16	32	125	538	32	547	131	37	501	783	34	217	531	136	391	983
2016/17	37	255	422	37	898	664	38	512	932	38	314	848	151	981	865

(b) The Public Service wage bill in the following financial years:

    (i) 2014-15

Amounts to total consolidated expenditure' of R396 888.1 million.

   (ii) 2015-16

Amounts to total consolidated expenditure2 of R430 547.8 million (revised Estimate).

(c) What savings in the wage bill have been achieved due to austerity measures over the first four months of the 2016-17 financial year?

While earnings of public servants have increased during the first four months of 2016/17 financial year, departments have managed to contain headcount growth over the same period. Headcount has reduced by 0.6 per cent across the board for national and provincial spheres of government. In financial terms, this amounts to R2.8 billion in projected savings for the whole financial year

(d) Is the Government still on track in achieving its target of R25 billion in Public

Service wage bill savings over the next two financial years?

Government is committed to spending within set compensation budget ceilings and will continue to enforce them over the next two financial years. Indications are that set targets will be achieved as planned.

(e) What percentage of the total government expenditure was allocated to Public Service wages in the following financial years -

   (i) 1996-97

The percentage of the total government expenditure allocated to wages is 40.8%3

   (ii) 2006-07

The percentage of the total government expenditure allocated to wages is 31.3%4

   (iii) 2016-17

The percentage of the total government expenditure allocated to wages is 33.6%.5

Reply:

(a) (i) The Chief Financial Officer of the Department of Public Service and

Administration possesses the following formal qualifications;

1. Matric Certificate
2. Bachelor of Arts in Education
3. Master of Education
4. Master of Management Public and Development Management

(ii) The Department of Public Service and Administration does not have acting Chief Financial Officer

(b) (i) The Director-General of the Department of Public Service and Administration

possesses the following formal qualifications;

1. Matric Certificate
2. Bachelor of Commerce
3. Certificate Programme in Finance and Accounting (CPFA)
4. Programme and Project Management in Public and Management

(ii) The Department of Public Service and Administration does not have acting Director-General

Reply:

(1) Yes.

    a) None.

    b) Falls Away.

    c) Not applicable.

    d) Falls away, (i) and (ii) please refer to the table herewith below;

Name		(ii)
Department of Public Service and Administration	2014/2015	Fully effective
Office of the Public Service Commission	None, the HOD was appointed on 1 June 2016	Falls away
National School of Government	2014/2015	Eligible for pay progression
Centre for Public Service Innovation	2015/2016	Outstanding performance rating

(2) None.

(3) None.

Reply:

(a) The Department of Public Service and Administration does not have a dedicated official performing the functions of an Ethics Officer. However it has assigned an official in the Office of the Director-General to perform key ethics officer functions in addition to her other duties. In this regard her role entails the following:

1. Liaison with all members of the SMS regarding the submission of Financial Disclosures.
2. Initial scrutiny of all submitted disclosures to assess if they are complete.
3. Follow-up with relevant managers whose disclosures might be incomplete.
4. Forwarding of all completed disclosures to the Executive Authority for onward processing to the Public Service Commission.
5. Brief report to the Director-General on the disclosure process and the results thereof.

(b) The critical performance indicators are:

1. Timely and complete disclosure of financial interests by SMS members; and
2. Timely advice to the Accounting Officer regarding non-compliant officials for purposes of follow-up and where necessary, disciplinary action.

Reply:

(a) The DPSA has developed an Official Language Policy which has been submitted to the Government Printing Works for publication in the Government Gazette for public comment. The Notice was published in Government Gazette of 23 September 2016 (No. 40293 23-9 Notice No. 1081) which is available on the GPW website: www.qpwonline.co.za All interested persons and organisations who would like to submit written comments are provided with 30 days to do so from the day of publication in the Government Gazette. The Policy is available on the DPSA website: www.dosa.qov.za

(b) The process of having an operational Language Unit is under consideration at the moment and will be concluded once the Official Language Policy has been finalised.

Reply:

(a)(i) Chief Financial Officer

The qualifications for the Chief Financial Officer are Bachelor of Commerce and Honours Bachelor of Accounting Science.

(a)(ii) acting Chief Financial Officer

There is currently no acting CFO within the Department

(b)(i) Directors-General

The qualifications for the Director-General are Baccalaureus Lurisprudenciae, Honours Baccalaureus Artium Degree and Master’s Degree in Economics.

(b)(ii) acting Directors-General

There is currently no acting Director-General within the Department

Reply:

(a) The Minister established a task team to determine the facts of the matter and the most appropriate course of action.

1. The Task Team is still determining the facts of the matter and the most appropriate course of action.
2. There are currently no findings as the Task Team is still verifying the veracity of the allegations made.
3. The Minister will advise Cabinet on the outcome of the assessment conducted by the Task Team.
4. The date cannot be ascertained at this stage as the assessment is still ongoing.

9/1/4/5/2/A/2

THE MINISTER

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

INTRODUCTION

1. The above-mentioned question appears on the Internal Question Paper No. 28 dated 16 September 2016 for written reply in the National Assembly.

2. A draft reply to the question is enclosed in Pocket 2 for the Minister’s consideration.

Recommendations

3. It is recommended that the Minister approves the draft reply enclosed in Pocket 2 if the Minister concurs with its contents.

DIRECTOR-GENERAL

DATE:

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

DECISION

Reply approved/not approved.

Further discussion required/not required.

Proposed date for discussion:

MINISTER OF SCIENCE AND TECHNOLOGY

DATE:

9/1/4/5/2/A/2

THE DEPUTY MINISTER

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

Enclosed in Pocket 1, please find a copy of a submission to the Minister for your information.

DIRECTOR-GENERAL

DATE:

DECISION

Contents noted.

Further discussion required/not required.

Proposed date for discussion: ………………………………………….

DEPUTY MINISTER OF SCIENCE AND TECHNOLOGY

DATE:

ROUTE FORM

SUBMISSION TO THE MINISTER OF SCIENCE AND TECHNOLOGY

PROGRAMME

2

FILE NO.

9/1/4/5/2/A/2

SUBJECT

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

ABBREVIATED DESIGNATION SURNAME AND INITIALS

ELECTRONIC SIGNATURE

COMMENTS

B Durham CD: Bio

M Muofhe DDG: TI