Questions and Replies

Reply:

(a) Yes, the preferential point system (in line with PPPFA) was applied on all transaction above R30,000.00

(b) Yes, a competitive bidding was followed for all transaction above R500,000.00

(i) And (ii) below is the list of all contracts awarded, preferential point system or method use and the transaction values for each contract.

No	Name of Supplier	Description (Contracts)	Evaluation Method	Value
1	Dinco Trading CC	Stationery	80/20	R137,894.83
2	Diventia Investments (PTY) LTD	Stationery	80/20	R123,700.00
3	Internet Solutions	MPLS	90/10	R359,901.98
4	MAKAVASA TRADING	Laminating Pouches	80/20	R63,000.00
5	Moribo wa africa trading enterprise	S-Clip files	80/20	R102,600.00
6	Nyalu Communications	Marketing Collateral	80/20	R39,680.08
7	PC Palace Gauteng	Computer Equipment: Dell Optiplex	80/20	R58,605.12
8	RAMBALANE TRADING PROJECTS	Stationery	80/20	R115,000.00
9	RAPOO RESOURCES(PTY) LTD	Stationery	80/20	R60,950.00
10	Ritlaku Trading Enterprise and Projects (Pty) LTD	Stationery	80/20	R35,600.00
11	Dimbuli Trading	Stationery	80/20	R90,000.00
12	DNV Business Assurance South Africa	Insurance	80/20	R280,203.45
13	RAPOO RESOURCES(PTY) LTD	Stationery	80/20	R150,000.00
14	WingsNaledi Corporate Travel Pty Ltd	Travel & Accommodation	90/10	R1,384,985.47
15	A New Aworkening Trading	First Aid Room Equipment	80/20	R344,251.84
16	LPV De Swardt	Job Evaluation & Grading	80/20	R39,250.00
17	TEKWENI TV PRODUCTION cc	Ship Repair Safety DVD	80/20	R62,700.00
18	Internet Solutions	MPLS	80/20	R364,161.91
19	KNMC Consultants	UPS installation - Richardsbay	80/20	R179,208.00
20	WingsNaledi Corporate Travel Pty Ltd	Travel & Accommodation	90/10	R1,520,859.55
21	Azas Projects (Pty) Ltd	UPS installation – Port Elizabeth	80/20	R204,495.00
22	KNMC Consultants	UPS installation - Durban	80/20	R443,916.00
23	MATHAMANE TRADING ENTERPRISE	Furniture	80/20	R55,500.00
24	Bathlodi Trading and Projects	Catering: Careers Expo	80/20	R46,500.00
25	Precision Networks	Laptops	80/20	R72,331.40
26	Internet Solutions	MPLS	90/10	R347,251.13
27	Internet Solutions	MPLS	90/10	R317,549.49
28	WingsNaledi Corporate Travel Pty Ltd	Travel & Accommodation	90/10	R1,156,839.79
29	WingsNaledi Corporate Travel Pty Ltd	Travel & Accommodation	90/10	R1,050,296.51
30	RAPOO RESOURCES(PTY) LTD	Stationery	80/20	R50,400.00
31	Sage Computer Technologies	Wireless Link for Hillcrest Office	80/20	R217,321.12
32	Fujitsu Service Core (Pty) Ltd	Server Maintanance	80/20	R73,596.51
33	Internet Solutions	MPLS	90/10	R351,849.91
34	WingsNaledi Corporate Travel Pty Ltd	Travel & Accommodation	90/10	R1,223,863.91
35	Biztech (PTY) Ltd	National Boat Show	80/20	R48,974.40
36	Business Connexion (Pty) Ltd	Software: Varonis Renewal	80/20	R131,345.43
37	Mccarthy	Vehicle	80/20	R315,000.00
38	Precision Networks	Laptops	80/20	R31,689.72
39	Introstat (Pty) Ltd	Laptops	80/20	R42,952.22
40	Internet Solutions	MPLS	80/20	R351,849.91
41	Itgility (Pty) Ltd	Dell NX400 storage	80/20	R80,469.34
42	3G Relocations and transport	Transversal Contract		R35,205.25
43	Basadzi Personnel cc	Advert	80/20	R106,557.90
44	OUTSOURCING DIGITAL	UPS Installation: Pretoria	80/20	R139,953.24
45	PC Palace Gauteng	Software: CITRIX Licence	80/20	R149,796.00
46	Sizwentsuluba VSP	Internal Audit	90/10	R281,748.00

Reply:

(a) Training at the Road Traffic Management Corporation is conducted by the RTMC Training Provisioning Unit, a unit within the RTMC Structure.

(b) Not Applicable (See A)

(c) Not Applicable (See A)

(d) Not Applicable (See A)

(e) Not Applicable (See A)

Reply:

(a) Werksman’s Attorneys were engaged by PRASA to investigate the irregular expenditure transactions identified by the Auditor-General in his report of the 2014/2015 financial year and those transactions that were related to these transactions, that were above R10 milllion and that were concluded by PRASA between 2012 and 2015 as per the remedial steps recommended by the Public Protector in her report of August 2015, titled Derailed.

(b) August 2015.

(c) The time frames of the different legs of the investigation:

• I am informed that at the beginning of the investigation, it became clear that there was no reliable retention of information and documents being destroyed and concealed, there was information and documents that were forensically removed from computers belonging to key employees and key former employees of PRASA. At that point, the focus of the investicgation, was in piercing together the information and documents, ensuring that the information and documentation may be used in legal proceedings. It was therefore impossible to determine the time frames of the investigation.
• It is further reported that the the information gathered showed some glaring irregularities that led to the decision to litigate in respect of the concerned contracts.
• The glaring irregularities led to a suspicion by the Board that there may be commissin of criminal offences provided for in section 34(1) of the Prevention and Combating of Corrupt Activities Act, 2004 (PRECCA).
• 41 Section 34(1) letters were sent to the Directorate for Priority Crimes and Investigation (the DPCI) on the 18th May 2016.
• The launch of the civil litigation necessitated the provision of litigation support by the investigators. The major litigation is now at an advanced stage and the need for the support of the investigators has declined. The need will be on an as-an-when basis. The time frames are being discussed and will be finalised within the next two months.

• PRASA is now at a point where it can define a clear scope of the forensic investigation. Discussions are underway with the investigators to determine this scope and a decision will be reached in this regard by the end of October 2016.

(d) (i) the forensic investigation started after the annual budgets had been finalised for the 2015/2016 financial year. The exercise that is being undertaken during October 2016, is to determine the extent of the remaining isssues and to agree on a budget and time frames for the remainder of the matters that require investigation.

(ii) R 97, 248,211.15, this amount covers the services of a team Advocates (Senior Counsel and Junior Councel), Attorneys with extensive experience in forensic investigations and litigation, Forensic Chartered Accountants, Chartered Accountants, Auditors and Forensic IT Specialists.

Reply:

The Minister in consultation and by agreement with the Board of PRASA resolved at a meeting held on the 30th June 2016, that the environment within PRASA was not conducive for the appointment of the GCEO. In this regard, and following this agreement with the Board, the Minister seconded and the Board appointed Mr. Collins Letsoalo as Acting Group CEO effective 1 July 2016.

Reply:

The Minister of Public Works

Yes, each Built Environment Professional Council (BEPC) has established a Standards Generating Body (SGB) that is involved in the development of Occupational Qualifications under the umbrella of the Quality Council for Trades and Occupations (QCTO).

An SGB is a panel of knowledgeable, experienced individuals with expertise in various competency areas and their levels, as well as in the assessment criteria applied in evaluating learners who have completed their study programmes offered at various institutions. SGBs prepare and publish details of teaching/learning programmes and the assessment criteria that leaners must undergo, as well as the assessment criteria for candidates related to qualifications in particular fields of expertise.

According to the National Qualifications Frameworks Act, 2008 (Act No. 67 of 2008), the Council for Higher Education (CHE) is the sole authority and Quality Council for Higher Education. According to its Higher Education Qualifications Sub-Framework (HEQSF) one of the critical mandates of the CHE is to develop qualifications standards, the purpose of which is to provide internal and external benchmarks for programmes that lead to qualifications, i.e. accreditation, implementation, development and quality assurance. The BEPCs established SGBs with the intention of working with the CHE to develop outcome-based qualifications for registration in particular fields of expertise in accordance with the National Qualifications Framework. The focus of the SGBs is to develop Occupational Qualifications under the QCTO that will enable learners/candidates to be registered professionals in the respective fields or categories administered by the Professional Councils. This was instituted due to the additional process required in the registration of the professional designation under the mandate of the South African Qualifications Authority (SAQA). The SGBs continue with the process established by the CHE and they work with the Deans of universities and higher education in order to develop learning pathways, unit standards and qualifications for learners in the various sub-fields leading towards qualification in those sub-fields.

The CHE has completed and published standards for the 6 BEPCs that are overseen by the Council for the Built Environment (CBE), the entity that reports to the Minister of Public Works.

______________________________________________________________________

Reply:

The Minister of Public Works

(a) Recognition of Prior Learning (RPL) considers practicing individuals in the professions who do not have a formal qualification in their field of work. RPL enables the affected individuals to be recognised as either professionals or candidate professionals under the statutory-determined professional designations. Their recognition is based on a demonstration of competence against learning outcomes required for a National Qualification Framework (NQF) aligned qualification.

The reasons for rejection of applications were as follows:

• Inadequate exposure for candidates in other areas within the workplace where they are required to be competent.
• Difficulty in securing professionally registered mentors (lack of access to competent mentors also contributes to the barriers and this is linked to the lack of structured in-service training programmes).
• Incomplete reporting by the person applying for RPL and lack of supporting portfolio of evidence (this is one of the major reasons faced by applicants). This can be attributed to the applicants’ lack of clarity on the knowledge areas to be covered to assist with their progression in line with their Built Environment Professional Councils (BEPCs) required competency outcomes. Some of applicants have reported that they find the process of compilation of the Portfolio of Evidence to be onerous and highly demanding involved process, thus applicants fail to submit all required information.

(b) The Council for the Built Environment (CBE) and the six BEPCs are implementing the following interventions:

• Review of the RPL frameworks of the six BEPCs to ensure a fair and equitable process.
• Recording of interviews to monitor and promote transparency and consistent application of policy.
• Introduction of an on-line self-testing portal. This is done by the individual prior to submission of the application. The individual tests whether he/she is ready to start the application process.
• Identify programmes or courses to support applicants where they fall short.
• Assist candidates, who are struggling to complete the candidacy programme, by introducing structured candidacy programmes.
• Mentorship programme (assisting applicants in finding registered mentors to monitor the quality of the reports).
• Provide timeous feedback, in order to ensure applicants submit complete applications.

Reply:

The allegations were not referred to us but to forensic investigators for preliminary enquiry. Once that process is finalized it will then come to us and that is when serious engagements will take place..

Reply:

(a) Medical doctors are needed to provide clinical assessments of miners or ex-miners at the Medical Bureau for Occupational Diseases (MBOD). Specialist radiologists are needed to assess the Chest X-rays. Medical doctors are also needed to serve on the Certification Committees and the Medical Reviewing Authority for Occupational Diseases. The number of medical doctors needed for the various aforementioned activities is not quantified as yet as the Compensation Commissioner is quantifying the number of current and ex-miners needing such a service as well determining a service delivery framework involving nurses trained in occupational health to do the initial clinical assessment with referral to the medical doctors as appropriate.

(b) Two (2) medical doctors are employed for conducting clinical assessments at the MBOD; 1 sessional radiologist for assessing Chest X-rays; 24 medical doctors (19 seconded from the mining companies and 5 paid by the Department of Health) for sessions in the Certification Committees and 3 occupational health specialists in the Medical Reviewing Authority for Occupational Diseases from the National Institute for Occupational Health (NIOH).

END.

Reply:

The total amount spent by the Presidency on its participation in the Arms Procurement Commission in respect of the legal representation of the Presidency and former members executive is R1 364 328.00 

Reply:

(a) There are two (2) fixed one-stop service centres in Mthatha and Carletonville based at the respective provincial hospitals.

1. Each centre is operational;
2. The centres are based at the provincial hospitals in Mthatha, Eastern Cape and Carletonville, Gauteng;
3. As at the end of June 2016, the total persons seen at Mthatha were 4867 and 5282 at Carletonville;
4. The total number of outstanding queries from the one-stop centres is not known as yet as an internal track and trace system of claimant files has only been introduced at the MBOD as of September 2016.

(b) There are two one-stop service centres planned for Burgersfort in Limpopo and Kuruman in Northern Cape respectively in the 2016/17 FY.

END.

Reply:

(1) A scheme that fails to meet the minimum statutory solvency level is required, in terms of the Medical Schemes Act 131 of 1998, to report the nature and causes of failure to the Registrar, as well as the proposed course of action. The Office of the Registrar has been monitoring GEMS closely and been engaging with the scheme and its management regarding the turnaround strategy. Further, whilst the scheme has not met the minimum statutory solvency requirement for various reasons, such as exponential growth in membership without the inflow of reserves as well as increased utilization, it remains a going concern and can continue to operate and honour its obligations into the foreseeable future.

There are currently no governance concerns regarding GEMS and as a result there is no reason to put the scheme under curatorship. This regulatory intervention is typically instituted for schemes where governance failures are indicated. For such schemes, the CMS would have investigated the governance failures and would have satisfied itself that curatorship is the most appropriate regulatory response under the circumstances.

(2) (a) The CMS has put GEMS under close monitoring in terms of regulation 29 (3) of the Medical Schemes Act. The regulation requires a scheme to submit a business plan and projections on how it intend fulfilling the requirements of reaching the statutory solvency level of 25%. These business plans are then discussed with the schemes and the CMS give directives on how to improve the performance of the scheme.

Further, it should be noted that GEMS is a going concern and will continue to honour claims by its members. The scheme currently has reserves of R1.5bn and sufficient cash to pay claims. GEMS currently have assets in excess of their liabilities i.e. positive net asset value. Although they are below the minimum required statutory solvency level, there is no immediate threat to the ability of the scheme to continue as a going concern.

(b) In order to ensure that members continue to be protected, the scheme and its management have undertaken to implement measures to mitigate against the factors that have resulted in the negative performance noted recently. The scheme is on close monitoring by the CMS. The scheme has an approved business plan identifying the causes of failure e and a recovery plan. The CMS has been continually engaging with the scheme on its plans to improve the performance of the scheme to ensure the protection of members. They also submit monthly management account to the Registrar and attend quarterly monitoring meetings.

END.

Reply:

No.

Reply:

1. The Department of Health administers the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54, 1972), as amended in 2007. There are a number of Regulations published in terms of this Act to ensure that either food or cosmetics are appropriately controlled and that the public are protected.

Recently on 19 August 2016, the Minister of Health published a set of General Regulations amending the legislation from 1972 addressing Cosmetics. Kindly be advised that:

The proposed 19 August 2016 update to the General Regulations on cosmetic oversight makes provision for a company to claim on the label of the cosmetic to the fact that no animal testing has been carried out or that no any animal tests on the finished cosmetic product or its prototype or any of the ingredients contained in have been commissioned, or that no ingredients have been tested on animals for the purpose of developing new cosmetics. However, the proposed Cosmetic Regulations do not prohibit testing on animals.

2. The Department is not aware of any testing being done on animals in South Africa for purposes of testing cosmetics. The Department is aware of testing being done on animals for purpose of testing veterinary medicines for registration with the Medicines Control Council (MCC) in terms of the provisions of the Medicines and Related Substances Act, 1965 (Act 101 of 1965). These clinical trial sites are being inspected by the Department’s Inspectors and prior to the conduct of the clinical trial, the company is required to obtain authorization from the MCC for the conduct of the study.

 (a) None of the current health legislation in South Africa, i.e.

• Act 35 of 1984 (Animal Disease Act) [Department of Agriculture];
• Act 36 of 1947 (Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies) [Department of Agriculture];
• Act 54 of 1972 (Foodstuffs, Cosmetics and Disinfectants Act) [Department of Health];
• Act 61 of 2003 (National Health Act) [Department of Health] provides for regulatory oversight of testing of cosmetics in animals.

(b) The Department intends to deal with this regulatory gap by including, under the proposed cosmetic General Regulation (19 August 2016), the requirement that the cosmetic information file that each manufacturer of a cosmetic needs to keep, includes information on the assessment of safety in humans using animals.

END.

Reply:

(1) On the basis of the information provided to me please accept this as an interim reply as I have dedicated somebody to give me more clarity on some of the issues I have raised with SAPS, therefore full response on part one will soon follow, however part two of the question has been responded to fully.

(2) The case was taken over from SAPS by IPID for investigation on the 17 June 2016. On 14 July 2016 the case was referred to the office of the Provincial Director of Public Prosecution and SAPS respectively with the recommendations that the member be charged both Departmental and Criminal. The Provincial SAPS decided to charge the member and the Departmental trial is set for 19 September 2016. The office of the National Director of Public Prosecution returned the case docket on 01 September 2016 for further investigation before the decision can be taken. The IPID intend to complete the outstanding investigations as directed by DPP on or before 15 September 2016. Furthermore, the IPID will not be in the position to state why the member was not suspended by SAPS. The suspension of the member is the solely the prerogative of the SAPS Management.

Reply:

Honourable Member, I answered the earlier question on GEMS (Question 1970) as it relates to the function of the regulator – the Council for Medical Schemes (CMS). CMS is a statutory body that regulates all medical schemes in the country and it reports to the Department of Health. But the Department of Health does not manage any medical schemes including GEMS. GEMS reports to the Department for the Public Service and Administration (DPSA) and all questions regarding its everyday running must be referred to that Department.

END.

Reply:

No, the Department has not successfully implemented all the recommendations, however the department was successful in implementing the following major areas:

• Human resource related recommendations:
  • Strategies were developed in order to deal with-
  • appointments made due to union influence;
  • failure to attract external skills;
  • ineffective transformation;
  • ineffective disciplinary code;
  • merit award system;
  • disciplinary enquiries;
  • recruitment;
  • abuse of power and sexual harassment;
  • The department has also migrated to the seven-day working week as recommended.

• • Monies relating to Medcor fraud were recovered.

• Gangsterism
  • A gang management strategy was formulated and is currently being implemented

• Correctional centre security
  • Minimum Security standards adopted and implemented
  • Access control in centres has been increased with CCTV’s installed at access control points. The new generation correctional centres also have security technology installed as part of the infrastructure of the centres.

• Parole and conversion of sentences
  • A total of 53 parole boards have been established and it is expected for these structures to meet regularly to assess those eligible for parole. A medical parole board has also been established to focus only on cases for which parole may be awarded based on an offenders’ medical condition. The review board was established with the sole aim of reviewing complaints related to awarding and denial of parole. The National Council for Correctional Services (NCCS) has also been established.

• Sexual violence in correctional centres
• A policy to address sexual abuse of inmates in DCS facilities was developed;
• Post Exposure prophylaxis is administered;
• Regular health education is conducted for inmates;

• The independence of the Judicial Inspectorate was strengthened by amendment the Correctional Services Act which now provides for a Chief Executive Officer to manage the office of the Judicial Inspectorate under the authority of the inspecting judge.

The following actions were taken in the supply chain environment:

• Internal controls
  • To ensure proper control mechanisms a unit specialising in internal control and compliance matters has been established. This unit is able to regularly assess whether the necessary controls are being implemented within the department.

• Management of investigations
  • The specialised departmental investigating unit has been established and is constantly making follow up where investigations are concerned.

The Department has not fully implemented the recommendation regarding the treatment of offenders mainly due to the fact that increased incidents of crime result in higher numbers of convictions (incarceration) which then means correctional facilities are increasingly overcrowded.

As at the end of 2015/16 correctional centres were 34% overcrowded. The high overcrowding has a consequence of overstretching resources including staff.

In an attempt to reduce levels of overcrowding the Department of Correctional Services (DCS) follows a multi-pronged strategy which amongst others includes:

• Managing levels of Remand Detainees through the Integrated Justice System Case Management Task Team and Inter-Sectoral Committee on Child Justice;

• Managing levels of sentenced offenders through improving effective and appropriate use of conversion of sentence to community correctional

• supervision, release on parole and transfers between correctional centres to attempt to establish some degree of evenness of overcrowding;

The multi-pronged overcrowding strategy enhances efforts to minimize the negative effects of overcrowding in correctional centres.

Efforts are constantly made to ensure that the recommendations are as far as possible implemented.

Reply:

The accurate figure will be sent to you shortly as certain information is still in the process of being verified.

Reply:

(1) Chapter 3 C.1 of the Public Service Regulations, 2001 (which was applicable during the period in question) provides that every designated employee (SMS member) shall, not later than 30 April each year, disclose to the relevant Executive Authority particulars of all her/his registrable interests in respect of the period 1 April of the previous year to 31 March of the year in question. Copies of the forms on which the designated employees disclosed their financial interests are to be submitted to the Public Service Commission (PSC) by not later than 31 May each year. In view thereof, the financial disclosure forms for the period 1 April 2014 to 31 March 2015 were supposed to reach the PSC by 31 May 2015. There were, however, financial disclosure forms, including those of some of the Directors-General, that were not submitted to the relevant Executive Authorities and the PSC by the respective stipulated due dates. The Directors-General (including those who were acting) and Executive Authorities who did not comply with the requirements to submit the financial as provided for in the Public Service Regulations are reflected in the Table below.

The level of compliance with the requirement to submit the financial disclosure forms by the due dates of 30 April 2015 (Director-General) and 31 May 2015 (Executive Authorities)

NAME OF DEPARTMENT	NAME OF DG	DATE CREATED! COMPLETED BY DG	DATE SUBMITTED BY EA TO PSC
Arts and Culture	Mr V. Jack (Acting)	The official never submitted	-
Correctional Services	Mr Z.I Modise	22 April 2015	28 April 2016
Defence	Dr S.M. Gulube	The official never submitted	-
Economic Development	Mr K. Naidoo f(Acting)	21 April 2015	-
Environmental Affairs	Ms N.N. Ngcaba	16 April 2015	23 June 2015
Higher Education and Training	Mr G.F. Qonde	28 April 2015	17 December 2015
Human Settlements	Mr M. Tshangana	The official never submitted	-
IPID	Mr R.J. McBride	The official was on suspension during the submission period and never submitted.	-
Military Veterans	Mr T. Motumi	1 June 2015	-
National School of Government	Mr B.I. Maja (Acting)	29 April 2015	-
National Treasury	Mr L. Fuzile	29 April 2015	-
Public Service & Administration	Mr M. Diphofa	30 April 2015	12 August 2015
Small Business Development	Ms P. Ncapayi	21 April 2015	16 February 2016
Sport & Recreation	Mr M.E. Moemi	16 October2015 (Submitted internally)	-
State Security Agency	Amb S. Kudjoe	The official never submitted	-
Trade & Industry	Mr L.V. October	20 April 2015	16 February 2016
Women	Ms J. Schreiner	The official captured the required information on the e-Disclosure system but was not submitted.	-

For the 2015/2016 financial year the financial disclosure forms of only two Directors-General were outstanding as at the due date of 31 May 2016. These are the Director-General of State Security Agency (Ambassador S Kudjoe) and the Secretary General of the Office of the Chief Justice (Mr M Sejosengwe). The form of Mr Sejosengwe was, however, submitted on time internally (i.e. 15 April 2016) through the eDisclosure system. This form was only released by the Executive Authority to the PSC on 29 June 2016. Ambassador Kudjoe's form is still outstanding.

(2) For 2014/2015 financial year Public Service and Administration and National School of Government did not submit their financial disclosure forms to the PSC by the due date of 31 May 2015. As at the end of the 2014/2015 financial year (31 March 2016), the DPSA had submitted 97% of the forms and the National School of Government had not submitted a single form by then.

(3) The PSC is continuously making efforts to try and get Departments to improve the submission rate to 100% by the due date of 31 May each year. The following steps are taken on an annual basis in the quest to improve the submission rate by the due date:

• The PSC sends out letters to the EAs reminding them to facilitate the submission of financial disclosure forms of SMS members within their respective departments. The DPSA issues notices on the salary advices of senior managers, reminding them of their duty to declare financial interests.

• The Executive Authorities are advised on a continuous basis to take disciplinary steps against officials who, without valid reasons, fail to comply with the Financial Disclosure Framework, as stipulated in Regulation H of Chapter 3 of the Public Service Regulations.

Reply:

1. The table below provides information on the protection orders issued in the country’s courts in terms of the Domestic Violence Act, 1998 (Act 116 of 1998):

Protection Orders Made Final: Section 6	Financial Year	Grand Total
Provinces	2012/13	2013/14	2014/15
Eastern Cape	13 567	14 075	13 382	41 024
Free State	5 790	6 625	6 235	18 650
Gauteng	17 962	16 344	15 364	49 670
Kwa-Zulu Natal	13 511	13 740	13 551	40 802
Limpopo	7 931	8 014	8 462	24 407
Mpumalanga	6 276	6 362	6 436	19 074
North-West	4 548	5 424	5 658	15 630
Northern Cape	2 730	3 701	4 429	10 860
Western Cape	16 615	14 219	13 668	44 502
Grand Total	88 930	88 504	87 185	264 619

2. My Department has placed an additional focus on assisting all victims throughout the various services we render as part of the Department of Justice and Constitutional Development’s strategic and policy direction. The protection of women and children remains an important element of the justice system and from the statistics furnished above clearly show that the courts have been issuing protection orders when and where required.

Reply:

On assumption of this responsibility after the 2014 National elections I have developed a programme to engage society through the sectoral engagement on matters that relate to nation building and social cohesion. In every province there are Social Cohesion Advocates who continuously engage various sectors of society on these matters. Education is amongst the sectors of society that are engaged.

Amongst others in discharging this programme, partner departments in outcome 14 like Basic Education and Justice and Constitutional Development are on board.

Reply:

No.

Section 103 of the Constitution of the Republic of South Africa, 1996 (“the Constitution”), read with Schedule 1A, provides for the boundaries of the Provinces.

The movement of the Matatiele Local Municipality from the Eastern Cape Province to the KwaZulu-Natal Province, or the movement of any municipality from one province to another, therefore requires an amendment to the Constitution.

As the Minister of Justice and Correctional Services is the custodian of the Constitution, it is that Minister who will table legislation in this regard, should such a decision be taken to move the Matatiele Local Municipality to the KwaZulu-Natal Province.

Reply:

1. I have enquired from the National Prosecuting Authority (NPA) which is the institution that is mandated in law to prosecute matters in the courts, whether they are aware of such incidents where the SAPS could be referring some criminal offences directly to the courts without conducting a proper investigation and making an entry in the crime register, and they have indicated they have no knowledge of such. There are specific Standing Orders issued by the SAPS as to the registering and investigations of cases. The normal procedures relating to criminal matters are that the police official will register the case on the SAPS Crime Administration System (CAS) at the police station. The complainant will thereafter receive a CAS number that needs to be kept as reference for future enquiries regarding the criminal case.

The completed case docket relating to the CAS number is allocated to a police detective who will carry out the investigation. The detective in charge of the particular case will complete the investigation and then promote the docket to the relevant court for prosecution with the CAS number as the SAPS reference number. This CAS number will then also be entered on the charge sheet and docket so that there is a linkage between the court record and docket information. No cases will be accepted without it being registered. If a matter is taken to court, but the investigation into the criminal matter is incomplete, the matter may be postponed and referred back by the prosecutor to the investigating officer, with guidance as to follow-up investigations.

(a) and (b) not applicable

2. No statement is required.

Reply:

The total amount paid for arrests and detention (wrongful arrests) is as follows:

  (a) COURT ORDERS:

FINANCIAL YEAR	AMOUNT
2009/2010	R32 271 175,70
2010/2011	R51 003 343,96
2011/2012	R78 192 440,38
2012/2013	R101 652 001,33
2013/2014	R138 189 961,09
2014/2015	R133 260 472,68
2015/2016	R170 652 542,30

  (b) SETTLEMENTS:

FINANCIAL YEAR	AMOUNT
2009/2010	R8 383 395,44
2010/2011	R7 060 753,14
2011/2012	R6 419 285,40
2012/2013	R22 554 053,61
2013/2014	R28 563 752,27
2014/2015	R42 740 971,99
2015/2016	R33 015 807,55

Note: The amounts paid during the respective financial years, were not necessarily received in the same financial year. The claim could have originated in a previous financial year.

Reply:

The recommended personnel strength for the Kempton Park Police Station Detective Service according to the Fixed Establishment is 80. The actual personnel strength of the Detective Service is 65.

The following posts were advertised and filled:

• 1 x Sub Section Commander: Detective Service (salary level 12)
• 4 x Salary level 8

3 x experienced re-enlisted members were placed at the Detective Service.

Gauteng province is currently busy with a project where police stations with a surplus of members within the Visible Policing environment are instructed to identify and redeploy members to their Detective Service environment where there is a shortage of members.

Police stations are also instructed to redeploy experienced Visible Policing members to the Detective Service environment when they receive their new entry level constable allocation. Kempton Park Police Station received 4 new entry level constables.

Reply:

The recommended personnel strength for the Boksburg North Police Station Detective Service according to the Fixed Establishment is 58. The actual personnel strength of the Detective Service is 44.

Gauteng province is currently busy with a project where police stations with a surplus of members within the Visible Policing environment are instructed to identify and redeploy members to their Detective Service environment where there is a shortage of members.

Police stations are also instructed to redeploy experienced Visible Policing members to the Detective Service environment when they receive their new entry level constable allocation. Boksburg North Police Station received 5 new entry level constables.

Reply:

The IDC posted a profit of R 223 million for the year ended 31 March 2016 compared to a profit of R1, 65 billion for the year ended 31 March 2015. The main contributor to the reduced profits for the year was increased levels of impairments (an increase of R 1, 6 billion) caused by difficult operating conditions including the impact of the drought.

The CEO of the IDC provided details of the impact at the public release of the IDC’s financial results on 30 August 2016 and he noted that these operating conditions mainly impacted the IDC’s clients in the manufacturing, mining and agricultural sectors. A number of IDC clients were affected by market conditions and requested restructuring of their facilities and / or assistance with drought relief funding. The impairment levels reflect the IDC commitment to play a counter-cyclical role in the economy as well as supporting high risk sectors and business unattractive to commercial financiers.

A considerable effort has gone towards implementing various impairment interventions which are expected to reduce the impairment levels over the medium to long-term.

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Reply:

The response below was provided by the province:

1. (a) There has been no investigation instituted against the former Municipal Manager of Emfuleni Local Municipality, Mr Sam Shabalala. Mr Shabalala voluntarily resigned from the municipality.

   (b) No investigation has been conducted with regard to the financial affairs of the Emfuleni Local Municipality.

2. There has been no disciplinary or criminal charges laid against any individual in relation to the investigation.

Reply:

I have drawn to the IDC’s attention the need to fast-track a turnaround strategy for Scaw Metals and Foskor and requested the IDC Board to regularly review progress with such turnaround strategy. Both companies are in significant sectors of the economy, namely in the metal and fertiliser value-chains and their products are used in downstream industries.

The Chief Executive Officer of the IDC advises the following in respect of the two investments:

(a) Scaw Metals is in the process of finalizing the restructuring of the group, which will result in the introduction of Strategic Equity Partners (SEPs) in some or all of the four steel operations. The SEP’s are expected to add the necessary operational expertise to turn around the businesses. This process is underway and the decision will be made towards the end of the current financial year after evaluating all the proposals. The interested SEP’s have similar businesses and their core competencies are aligned to that of Scaw businesses.

(b) Foskor’s financial performance is dependent on market prices for its products, which are largely commodities. Global prices have softened since their peak in 2008-2010 as a result of supply and demand dynamics. Although this is substantially outside Foskor’s control, there are opportunities to upgrade equipment and improve production efficiencies to place it on a firmer footing. Foskor has therefore developed an investment and performance improvement plan, which also entails IDC finance. Although this will result in improved competitiveness, the timing to achieve sustainable levels of profitability will remain dependent on the speed of recovery of market prices.

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Reply:

(a) The case docket, Lothair CAS 31/12/2015 (Culpable Homicide) was received back on 29 January 2016 at Lothair Detective Service for further investigation. The investigation was then conducted and concluded and on 12 March 2016 the case docket was referred to the Senior Public Prosecutor for a decision on prosecution. On 21 July 2016 the case docket was received back from the Senior Public Prosecutor with certain requests. These requests were concluded and on 22 July 2016 the case docket was sent back to the Senior Public Prosecutor, who then requested a further report from a forensic expert. On 26 August 2016 the report of the forensic expert was received and the case docket handed back to the Senior Public Prosecutor for a decision on prosecution. This decision has not been made and the case docket is currently still with the Senior Public Prosecutor.

(b) The investigation has been concluded and the case docket is with the Senior Public Prosecutor for a decision on prosecution.

(c) The matter was registered under Lothair CAS 31/12/2015 and occurred on 23/12/2015 under the auspices that it being alleged that the VIP Driver from the SSA Minister’s security detail was employed by the SAPS VIP Unit. After further enquiries it was determined that the vehicle that was part of the security detail was registered to the National Intelligence Agency (SSA) in Pretoria and upon obtaining SAPS profile checks on the driver, it was established that the employment details of the VIP driver were also mentioned to be the SSA in Pretoria.

Documentary evidence was then sourced from the VIP driver as well as the SSA in Pretoria, as part of the IPID investigation, to confirm that the VIP driver was in fact employed at the SSA as a VIP Driver to the SSA Minister and was not a SAPS VIP Driver as initially alleged.

The IPID then updated and prepared the case docket and returned this to the Office of the Mpumalanga SAPS Provincial Commissioner for further investigations and handling as the alleged suspect (VIP Driver) was not a SAPS member and there was no indication of any apparent SAPS negligence or unprocedural handling of the investigation in Lothair CAS 31/12/2015 that could warrant the IPID to continue with the case docket.

Reply:

There is admissible evidence that all the national public entities mentioned above complied with the implementation of the Use of Official Languages Act (the Act), No. 12 of 2012, by May 2015 except HSRC and Iziko.

(a) The Human Sciences Research Council (HSRC) gazetted its language policy on 18 March 2016 and indicating that it will utilise English, isiZulu and Sepedi for government purposes.

(b) Iziko Museums of South Africa gazetted its language policy on 9 October 2015 indicating that it will utilise Afrikaans, isiXhosa and English for government purposes.

(c) KwaZulu-Natal Museum gazetted its language policy on 31 March 2015 indicating that it will utilise English, isiZulu and Afrikaans for government purposes.

(d) National Heritage Council gazetted its language policy on 30 March 2015 indicating that it will utilise English, Setswana and isiZulu for government purposes.

(e) Msunduzi and Ncome Museum Council gazetted its language policy on 30 March 2015 indicating that it will utilise English, isiZulu and Afrikaans for government purposes.

(i) Institutions that did not comply by May 2015

• Iziko Museums of South Africa complied by 9 October 2015
• The Human Sciences Research Council (HSRC) complied by 18 March 2016

(ii) Steps taken to encourage entities to comply with the Act

• The Department of Arts and Culture (DAC) organised a workshop with national government departments to encourage them to facilitate implementation of the Act with the national public entities reporting to them.
• DAC appointed a service provider to facilitate the implementation of the Act with all non-complying institutions.

Reply:

The IDC will be subscribing for 35% shareholding in the project and has committed a funding package totalling R1,5 billion for this purpose. This funding package is made up of subscription of ordinary shares, shareholder’s loan and shareholder guarantees proportional to its envisaged 35% shareholding in the project company. The rest of the funding for the project costs will be invested by the BAIC Group, local and international banks.

-END-

Reply:

1. The Department concluded the appointment of a service provider to conduct community conversations over a period of three years. The first phase of the community conversations were concluded in the last financial year and the second phase of the community conversations have commenced. A total of four community conversations were concluded in Northern Cape (Calvinia, Carnarvon, Prieska, Kimberly); two community conversations were held in Limpopo (Schoonoort and Modimolle); and three community conversations were held in Mpumalanga (Ermelo, Delmas, Lydenburg) thus far.

2. The community conversations took place from 16 – 19 August 2016 in Northern Cape; 30 – 31 August 2016 in Limpopo; 06 - 08 September 2016 in Mpumalanga.

SCHEDULE OF COMMUNITY CONVERSATIONS

Province	Town	Local Municipality	District Municipality	Area	Venue	Date-2016
Nothern Cape	Calvinia	Namakhoi	Namakwa	Semi-urban	Tromp Nell Hall	16 Aug
	Carnarvon	Kareeberg	Pixley ka Seme	Semi-urban	DRC Hall	17 Aug
	Prieska	Siyathemba	Pixley ka Seme	Rural	Steps of Omega Hall	18 Aug
	Kimberley	Sol Plaatje	Frances Baard	Urban	MGregor Museum	19 Aug
Limpopo	Schoonoort	Mkhuduthamasa/ Elias Motsoaledi/ Fetakgome	Sekhukhune	Rural	Peter Nchabeleng Hall	30 Aug
	Modimolle	Thabazimbi/Modimolle/ Bela Bela	Waterberg	Semi-urban	Library Auditorium	31 Aug
	Tzaneen	Did not take place – Cancelled by DAC Provincial	1 Sep
Mpumalanga	Ermelo	Msukaligwa	Gert Sibande	Semi-urban	Transnet School Of Rail Hall	6 Sep
	Delmas	Victor Khanye	Nkangala	Semi-urban	Braam Fisher Hall	7 Sep
	Lydenburg	Thebe Cheu	Enhlanzeni	Semi-urban	Civic Center	8 Sep

Reply:

As I have indicated in my response to question 1760 that I have developed a programme to engage society through the sectoral engagement on matters that relate to nation building and social cohesion. In every province there are Social Cohesion Advocates who continuously engage various sectors of society on these matters.

These engagements will culminate in a national convention that will developed a social compact to build social cohesion and strengthen efforts against racism.

Reply:

On 31 August 2016, the South African Police Service Efficiency Index System that is used to manage all physical resources, reflected as follows for the Primrose Police Station:

Current detective personnel strength: 32

Current detective vehicle strength: 12

Ideal number of vehicles for 32 detectives: 16

Current shortage of vehicles: -4

New vehicles purchased for the Primrose Police Station will be issued by 31 January 2017.

Reply:

No, Mchunu Attorneys were not utilised for legal advice and/or advisory services with respect to the Public Protector’s reports mentioned above.

(aa) and (bb) Not applicable.

Reply:

The Public Service Regulations, 2001 were reviewed after consultation with relevant stakeholders. The review included Chapter 3 (the Financial Disclosure Framework) of the 2001 Regulations. The Public Service Regulations, 2016 were issued after this review process and came into effect on the 1st of August 2016. Regulation 19 stipulates details of interests to be disclosed by designated employees. These details include the disclosure of “loan accounts”, among other things to be disclosed by designated employees. Members of senior management service are designated employees.

Reply:

(1)(a-b) On 10 September 2013 the 10th SA-UK Bilateral Forum was held in Cape Town. At this meeting the two parties agreed that the United Kingdom would send a UK experts group to access South Africa’s passport and border security processes. The honourable Minister of International Relations and Cooperation, Ms Maite Nkoana-Mashabane co-chaired the meeting with Britain’s then Foreign Secretary, Mr William Hague. This meeting was followed up by eight Senior Officials meetings, three of which took place in 2013, two in 2015 and three in 2016.

During the 2013 meetings the UK authorities informed the South African counterparts of its intention to review their visa policy towards South Africa. It was agreed that a road map be developed for the lifting of visa restrictions for South African diplomatic and official passport holders. This was followed by a UK experts team assessment of South African passport issuance and border management processes, which assessment recognised the improvements made by South Africa.

The 2015 meetings focussed on the United Kingdom seeking response from South Africa on their decision to lift visa restrictions for South African diplomatic passport holders. South Africa’s response was that we would only consider reciprocity if the United Kingdom lifted visa restrictions for all South African passport holders.

The 2016 meetings concerned the continuing requests for the lifting of visa restrictions for all South African passport holders. The UK counterparts are now awaiting the new government’s visa policy where after they will inform the South African authorities accordingly.

(2)(a-b) All efforts made to engage the British government to understand the rationale behind its decision or to at least reconsider by exempting South African diplomatic and official passport holders were in vain.

Reply:

I have been advised by the Department as follows:-

(a)The department has developed a draft language policy which is currently being consulted within the department. The draft policy will be approved by the Department’s Executive Committee for gazetting after 30 September 2016.

(b) The Department does not have a language unit in existence. As this is a new Department, a review process of the Department’s organizational structure in line with the new mandate is underway. Once the review process is complete and a new structure approved, the Department will fill all relevant posts.

Reply:

Yes. In most cases suspects are arrested with small quantities of dagga and those cases are not placed on the court roll. Intensive operations are then conducted to trace the dealers and sellers. This includes the involvement of the Community Policing Forums to provide information on places where dagga is sold. During the meetings with Department of Justice it was envisaged that suspects be convicted even with smaller amounts of dagga.

Reply:

On 31 August 2016, the South African Police Service Efficiency Index System that is used to manage all physical resources, reflected as follows for the Sebenza Police Station:

Current detective personnel strength: 19

Current detective vehicle strength: 6

Ideal number of vehicles for 19 detectives: 10

Current shortage of vehicles: -4

New vehicles purchased for the Sebenza Police Station will be issued by 31 January 2017.

Reply:

On 31 August 2016, the South African Police Service Efficiency Index System that is used to manage all physical resources, reflected as follows for the Tembisa Police Station:

Current detective personnel strength: 71

Current detective vehicle strength: 26

Ideal number of vehicles for 71 detectives: 36

Current shortage of vehicles: -10

New vehicles purchased for the Tembisa Police Station will be issued by 31 January 2017.

Reply:

One member was transferred back to Visible Policing at his own request.

One member successfully completed the detective course.

One member is currently attending the detective course.

The remaining three members will be trained as soon as courses and seats are available.

Reply:

Seven members attended the detective course. Only four members still have to attend the course. These members will be sent as soon as there are courses available and members are called up to attend.

Reply:

(1)(a) The investigation in the case docket Benoni CAS 459/12/2015(Theft of a motor vehicle) was concluded. The stolen vehicle was recovered on 12 August 2016 and on 26 August 2016 the case docket was closed off as undetected and filed at the Benoni Police Station. No suspect(s) have yet been identified or arrested.

(1)(b) A case docket of Theft of motor vehicle was registered and investigated.

(1)(c) (i) and (ii)- The details of investigating officers cannot be disclosed to allow investigations to be conducted without fear or favour.

(2) Yes, feedback on the progress with the investigation was provided to the complainant on 6 February 2016 and on 12 February 2016.

Reply:

The recommended personnel strength for the Tembisa South Police Station Detective Service according to the Fixed Establishment is 36. The actual personnel strength of the Detective Service is currently at 36.

The following posts were advertised and filled:

• 1 x Sub Section Commander: Detective Service (salary level 10)
• 1 x Salary level 8

The Tembisa South Police Station Detective Service is fully capacitated.

Reply:

The case docket Piet Retief CAS 208/08/2016 relates to a charge of Culpable Homicide (motor vehicle collision). The motor vehicle collision occurred on 22 August 2016 on the N2 road between Piet Retief and Ermelo. A marked police vehicle of SAPS Piet Retief and a private motor vehicle were involved in a head-on collision in which two police officers and a member of the public, who was a complainant in a criminal matter, sustained serious injuries. The civilian who was a passenger in the police vehicle died in hospital on 23 August 2016 due to injuries sustained during the collision. The two passengers in the private motor vehicle also sustained serious injuries during the incident. Several witness statements must still be obtained and the investigation has not yet been concluded. The allegation that the security convoy detail who was escorting the Executive Mayor of the Mkhondo Local Municipality caused the collision is still under investigation and has not yet been substantiated by means of prima facie evidence.

Reply:

(a) The case docket, Lothair CAS 31/12/2015 (Culpable Homicide) was received back on 29 January 2016 at Lothair Detective Service for further investigation. The investigation was then conducted and concluded and on 12 March 2016 the case docket was referred to the Senior Public Prosecutor for a decision on prosecution. On 21 July 2016 the case docket was received back from the Senior Public Prosecutor with certain requests. These requests were concluded and on 22 July 2016 the case docket was sent back to the Senior Public Prosecutor, who then requested a further report from a forensic expert. On 26 August 2016 the report of the forensic expert was received and the case docket handed back to the Senior Public Prosecutor for a decision on prosecution. This decision has not been made and the case docket is currently still with the Senior Public Prosecutor.

(b) The investigation has been concluded and the case docket is with the Senior Public Prosecutor for a decision on prosecution.

(c) This part of the question should be responded to by the Independent Police Investigative Directorate (IPID).

Reply:

The recommended personnel strength for the Edenvale Police Station Detective Service according to the Fixed Establishment is 37. The actual personnel strength of the Detective Service is 36.

Gauteng province is currently busy with a project where police stations with a surplus of members within the Visible Policing environment are instructed to identify and redeploy members to their Detective Service environment where there is a shortage of members. Edenvale Police Station has a surplus of 1 member within the Visible Policing environment and should therefore identify and redeploy 1 member to their Detective Service environment where there is a shortage of members.

Police stations are also instructed to redeploy experienced Visible Policing members to the Detective Service environment when they receive their new entry level constable allocation.

Reply:

The recommended personnel strength for the Primrose Police Station Detective Service according to the Fixed Establishment is 35. The actual personnel strength of the Detective Service is 35. One experienced re-enlisted member was placed at the Detective Service. The Primrose Police Station Detective Service is fully capacitated.

Reply:

The recommended personnel strength for the Tembisa Police Station Detective Service according to the Fixed Establishment is 93. The actual personnel strength of the Detective Service is 84.

The following posts were advertised and filled:

• 1 x Sub Section Commander: Detective Service (salary level 10)
• 1 x Salary level 8

Two experienced re-enlisted members were placed at the Detective Service.

Gauteng province is currently busy with a project where police stations with a surplus of members within the Visible Policing environment are instructed to identify and redeploy members to their Detective Service environment where there is a shortage of members. Tembisa Police Station has a surplus of 7 personnel within the Visible Policing environment and should therefore identify and redeploy 7 members to their Detective Service environment where there is currently a shortage of members.

Police stations are also instructed to redeploy experienced Visible Policing members to the Detective Service environment when they receive their new entry level constable allocation. Tembisa Police Station received 1 new entry level constable.