Questions and Replies

Reply:

The new full-strength Board brings a wealth of skills and expertise, making them well positioned to oversee the turnaround of the airline. These skills include: finance, risk management, treasury management, investment management, project management, business strategy, marketing and business management, legal, banking, stakeholder management, communication and social development.

Ms Duduzile Myeni was appointed by Cabinet as Chairperson. The Minister of Finance has stated publicly that the appointment of Ms Myeni, for a period of only one year, is aimed at ensuring continuity at the SAA.

Reply:

(1) (a) In April 2016, the Department of Public Service and Administration (DPSA) undertook a study visit to Canada. The purpose of the visit was to benchmark against existing institutional mechanisms in Canada, to gather information that will assist in establishing the Public Administration

Ethics, Integrity and Disciplinary Technical Assistance Unit (EIDTAU), focusing on specific lessons and experiences with regards to structures, regulations, procedures, tools and systems. The DPSA interacted with a number of institutions operating at three levels of government. One of the institutions that the DPSA engaged with is the Treasury Board Secretariat (TBS), which is similar to the DPSA with regards to mandate.

 (i) TBS is responsible for accountability and ethics, HR and administrative management. financial, comptrollership, approving regulations and translating the policies and programmes approved by Cabinet into reality and by providing departments with the resources and the administrative support they need to do their work. TBS implements a number of instruments for promoting ethics in the Public Service at Federal level such as:

• Public Servants Disclosure Protection Act (PSDPA) which protects public servants who disclose acts of wrongdoing. This piece of legislation enables departments to implement an internal mechanism for reporting allegations of unethical conduct or corruption. However, the Act does not prevent employees from reporting to the Office of the Public Sector Integrity Commissioner of Canada, which is an agency of Parliament similar to the Public Protector of South Africa.

• Values and Ethics Code for the Public Sector- general code of conduct for all Federal public service employees. The Code constitutes part of the terms and conditions of employment for all Federal employees. Failure to adhere can lead to disciplinary action up to and including termination of employment; and

• Policy on conflict of Interest and Post-Employment. This Policy prescribes restrictions that public servants in designated positions should adhere to in order to avoid actual, potential or perceived conflict of interest, when they leave the public service.

In June 2013, the DPSA also undertook a study visit to the United Republic of Tanzania. The purpose of the study visit was to achieve the following outcomes:

• Clear conceptualization of the institutional model that can best address corruption challenges in the public administration of South Africa;

• Delineation of the mandate and functions of such a model;

• In-depth understanding of the resource allocation implications and

• The design of an organizational structure that matches the functions and mandate.

The DPSA delegation interacted with the Prevention and Combating of Corruption Bureau (PCCB) and the Ethics Secretariat. The PCCB is a constitutional body that investigates and prosecute acts of corruption in both public and private sector. It is an independent anti-corruption agency as contemplated in Articles 6 and 36 of the United Nations Convention against Corruption (UNCAC). The Ethics Secretariat receives and verifies declarations of assets and liabilities which are required to be made by public leaders under the Constitution of the United Republic of Tanzania. Moreover, this constitutional body is empowered to initiate and conduct any investigation in respect of breach of ethics prescribed under the Public Leadership Code of Ethics Act. No. 13 of 1995.

(ii) The following is my position regarding each of the initiatives implemented by TBS of Canada and the Government of the United Republic of Tanzania.

Initiative	My position
Public Servants Disclosure Protection Act (PSDPA) (Canada)	The internal reporting mechanism implemented by departments is an excellent practice. This is an idea that we are exploring as we proceed with the establishment of the EIDTAU.
Values and Ethics Code for the Public Sector (Canada)	This Code is similar to our Code of Conduct for Public Servants, which we have implemented since 1997. We have recently refined the Code as part of the new amendments we made in the Public Service Regulations, 2016.
Policy on conflict of Interest and Post- Employment (Canada)	We studied this practice since 2007. While this practice is desirable, we believe that the enforcement will pose more challenges.
Prevention and Combating of Corruption Bureau (PCCB) (Tanzania	In establishing the EIDTAU, we are cognizant that South Africa has adopted a multi-agency system to fighting corruption, which is viewed by the National Development Plan as the appropriate model for the country. Although the work of PCCB is commendable, we believe its approach is similar to the DPCI.
The Ethics Secretariat (Tanzania)	A central system for disclosure of financial interests of all public officials (elected and appointed) is a very unique. However, this model cannot be replicated in South Africa. We already have a decentralised system that separates categories of public officials. In the Public Service, the Public Service Commission verifies all financial disclosures of senior officials.

(2) In terms of the Public Administration Management Act, 2015 (PAMA), all public servants will be required to disclose financial interests of spouses. This requirement will come in to effect once I have issued the Regulations to support the implementation of PAMA.

(3) We have been implementing the electronic disclosure system since 2015 and we have seen a remarkable improvement in terms of compliance rate. Below is an overview electronic disclosures by SMS members as at 30 April 2016.

Institution	No. of SMS	No. submitted	%
National Departments	4988	4532	91%
National Components	684	660	96%
Eastern Cape	580	459	79%
Free State	379	330	87%
Gauteng	811	803	99%
KZN	605	605	100%
Limpopo	484	479	99%
Mpumalanga	262	230	88%
Northern Cape	262	262	100%
North West	250	199	80%
Western Cape	384	384	100%
Total	9689	8943	92%

We have strengthened the requirement to disclose electronically in the PSR, 2016. Employees will disclose manually only under exceptional circumstances, which will have to be authorised by respective heads of departments. The Public Service Commission retains the responsibility to conduct verification of financial disclosures and manage any conflicts of interest for all members of Senior Management Service

Reply:

(a) 44 142 complaints have been received and 38 357 were since resolved and blocked not to allow any further deductions from recurring. Five

thousand seven hundred and eighty five (5 785) of these cases have been refunded to the beneficiaries.

(b) The nature of the complaints is airtime, electricity and loan deductions.

(c) (i) and (ii) SASSA developed and implemented a Dispute Resolution Mechanism as a recourse system to deal with the rising number of deductions against social grants. The Dispute Resolution Mechanism has a built-in Communication Strategy that focuses on beneficiary education and awareness. In addition to this system, a Ministerial Task Team was established to play a monitoring, oversight and also propose interventions to deal with this challenge. This system has since reflected and improvement in dealing with this.

Reply:

(1) (a) (i) Legislative Policy Requirements Management

(ii) Information and Business Systems and Banking Services

(iii) Benefits and Local Economic Development

(iv) Change and Stakeholder Management

(v) Human Resource Management

(b) (i) The Legislative Policy Requirements Management is to provide comprehensive legal advice to SASSA and other in relation to the future Work Stream payment system focusing on legislative management policy requirements, contract development, design and

of the new system.

(ii) The Information and Business Systems and Banking Services is to facilitate for the insourcing of an ICT platform that will integrate the application of payment management system for social assistance and related social security benefits.

(iii) The Benefits and Local Economic Development is to identify the benefits and economic develop initiatives to be implemented with the delivery of the comprehensive security system.

(iv) The Change and Stakeholder Management is to provide guidance to the change management and stakeholder engagement.

(v) The Facilitate the development of integrated process that will support the new proposed functions to be institutionalized within SASSA.

(c) (i) and (ii) No staff member has been employed.

 

(2) (a) (i) and (ii) None

(b) Not applicable

(c) Not applicable

 

Reply:

The Minister has approved to allocate funding over a period of three years to the amount of R150 million in order to address illegal connections in the Nelson Mandela Bay Municipality (NMBM) as a pilot programme. The allocation, like all electrification allocations, is only made available to the implementing agent (municipality or Eskom) upon approving of a formal business plan regarding the technical and financial details of a project/programme.

Reply:

In its adoption of the new approach towards Public Participation Programmes on 24 March 2010, Cabinet resolved that Ministers and Deputy Ministers are required to commit to at least ten (10) public engagements per year. These would include repeats and follow up visits and will be informed by their departmental outcomes and targets. The main focus of the public participation programmes was on rural areas, townships and villages.

Minister Adv. Ngoako Ramatlhodi

01 June 2016.

Engagement with young unemployed graduates in the Eastern Cape Province was held in Mdantsane Sisa Dukashe Stadium. The Minister’s engagement was to assist graduates into candidacy programme as the launch of Youth Month.

09 June 2016

In partnership with the NYDA, SETA’s, Department of labour and Private Sector, the Minister was involved in taking government services to young people in Gauteng Province (Fochville Popo Molefe Stadium). Issues raised by young people included inter alia youth unemployment which leads to drug abuse and addiction, access to higher learning and internet connection.

21 July 2016

Engagement with Learners in Wedela where the Minister donated a mini library at Thabo Merafong Home Based Care Center.

Deputy Minister Ayanda Dlodlo

23 April 2016

The Imbizo was held at Civic Centre Hall, Riversdale, Hessequa Local Municipality

Report back Imbizo on issues raised by youth engagement on 20 June 2015.

The report included the number of 807 unemployed young people who were registered by the Department of Labour and 606 who received Employment Counseling; the increased Home Affairs services per month i.e. twice a month in Albertinia, Stilbaai and Heidelberg, youth entrepreneurial development programme Small Enterprise Development Agency (SEDA) trained 150 young people in areas of marketing, production and human resources management; Southern Cape College TVET College, PetroSA and Transnet provided skill Youth Career Expo in the municipality.

10 July 2016

Oudtshoorn Youth Outreach Programme was held at New Bridgeton Stadium, Oudtshoorn.

Shared information on education and economic development opportunities, encouraged them to talk about issues they are confronted with and what support they need to improve their lives, encouraged youth to make the Public Service their career of choice. This was in partnership with the South Cape TVET College, Department of Home Affairs, SASSA, Department of Health, South African National Defence Force and Local Municipality. These partners provided information on available youth development opportunities.

20 June 2016

Open Government Partnership youth dialogue was held at UNISA, Pretoria.

The purpose of the youth dialogue was to discuss how land reform and expropriation relates to youth unemployment and economic empowerment. Issues covered included necessary skills needed, access to information on land reform, youth involvement in national discourse, establishment of Commission of Enquiry on the land that was taken from black people.

30 June 2016

Open Government Partnership youth dialogue on Land Reform, Youth Unemployment and Economic Empowerment in Nelspruit, Mpumalanga.

The purpose of the youth dialogue was to solicit the opinions of young people on the subject of land and agrarian reform. Furthermore the dialogue strived to establish solutions for the challenges facing the youth of South Africa namely, unemployment and economic disempowerment. Issues that came from the discussions include lack of knowledge and awareness of land reform legislation and initiatives, lack of employment opportunities available, need for funding policy reform and greater monitoring and control of funds within development agencies.

Reply:

Quote:

(a) The department does not run development programme as its constitutional mandate is outward focused in implementing foreign policy.

(b) African Renaissance and International Cooperation Fund, does not run development programme, suffice to say that, in the disbursement of funds for approved projects with regard to Humanitarian Assistance, emphasise is made to procure goods locally, in supporting SMME and small scale farmers.

Unquote.

Reply:

1. (a) The total number of Letters of Authority (LOA) that are in backlog at the NRCS as at 30 June 2016 are 1170 out of a total of 3605 handled during this period, resulting in 2435 approvals.

(b) The detailed breakdown of the specified backlog in LOA per industry sector as of 30 June 2016 is 15 for the Automotive sector, 39 for the Chemical, Materials and Mechanicals sector, 1116 for the electro-technical sector and zero for gaming equipment and type approvals in legal metrology.

(c) The average waiting period for a LOA to be issued is 156 days.

(2) The Performance Agreement of the CEO has been forwarded to the Chairperson of the Portfolio Committee on 14 September 2016.

Reply:

a) The Integrated Rapid Public Transport Network (IRPTN) for eThekwini Metropolitan Municipality is made up of nine(9) trunk corridors, supported by feeder networks and services. One of these trunk corridors, corridor C2 from the northern communities of Phoenix, Inanda, Ntuzuma and Kwa-Mashu to Umlazi and Isiphingo in the south, is a rail corridor, for which the Passenger Rail Agency of South Africa (PRASA) is responsible. The implementation of the remaining eight(8) road-based corridors is the City’s responsibility.

    i) Milestones and Timelines

The IRPTN in eThekwini is planned to be rolled-out over four(4) phases, with the first phase made up of the following trunk corridors:

• Corridor C1: Bridge City (Phoenix, Inanda, Ntuzuma and KwaMashu) to the CBD
• Corridor C2 (rail): Bridge City (Phoenix, Inanda, Ntuzuma and KwaMashu) to CBD to Umlazi and Isiphingo
• Corridor C3: Pinetown to Bridge City
• Corridor C9: Bridge City to Umhlanga
• Inner City Distribution Sustem (ICDS)

Of the four corridors, corridor C3 will be the first to go live, i.e. start of operations, from July 2017 (testing and commissioning services), followed by C9 in 2019, and C1 in 2022. Key milestones for the C2 corridor have been the opening of the Bridge City (October 2013) and KwaMnyandu (April 2014) stations, with the delivery of the new rolling stock set to start in 2019, all going well. Key milestones and timelines for Phase1 can be summarised as follows:

	C3	C9	C1
Right of Way	Completion of 24.90km of ROW Commence Construction of 2.8km (Dinkelman) Procure Contractor for Crossroads (0.43km)	Completion of Cornubia Bridge Commence Construction M49 Interchange May 2017 Commence Construction of Cornubia Boulevard Feb 2017	Commence Construction of Early Start Package 1 by Nov 2016 Procure Contractors of Early Start Package 2 (Marbleray) by June 17
Depots	Commence Construction of Bridge City Depot by Jan 2017	Same as for C3	Same as for C3
Stations	Complete 10 stations by May 2017	March 2019	To be firmed up at tender award
Terminals	Complete Preliminary Civil Works by May 2017 – Bridge City terminal	Umhlanga terminal: date not firmed up yet, pending finalization of discussions with developers and the management association for Umhlanga town center	To be firmed up at tender award
Go Live	From July 2017 (testing and commissioning), with full service in December 2017	Planned for September 2019	Planned for January 2022 (some services)

b) Monitoring mechanisms

The following mechanisms have been put in place to not only monitor the achievement of milestones and timelines, but also provide support to the City, where necessary, in delivering its IRPTN:

   i) The City is required to submit monthly and annual progress reports to my Department, for us to monitor progress, and address any problem areas timeously

   ii) Officials from my Department and those from the City hold regular meetings, about every two months, to discuss implementation progress, address technical issues, conduct site visits, if necessary, and plan for future years, to ensure that the project stays on course, and that funding requirements are identified far in advance.

Reply:

The Department plans to present a Bill (draft legislation framework) to Cabinet to solicit gazetting approval for 60 days public consultations during 2016/17 financial year. Thereafter, inputs from the public consultations will be consolidated and a revised Bill will be resubmitted to Cabinet for approval by end of September 2017. Following the Cabinet approval, the Bill is anticipated to be tabled in Parliament by end of 2017/18 financial year. Upon promulgation of the Bill into a legislation, the Transport Economic Regulator establishment will commence.

Reply:

1. (a-d) Minister has not earned any additional income from business and, is not doing any business with the Government.

2. (a)      No

    (b)      No

    (c)      No (i - iv) No, as stated above.

Reply:

Independent Communications Authority of South Africa (ICASA)

   (a) There are twenty two (22) applications for community radio stations currently being reviewed by ICASA.

   (b) The names of the radio stations and the provinces in which they are located are detailed below:

Name of the station	Status	Province
Engcobo Community Radio	Pending	Eastern Cape
Ubuntu Community Radio	Pending	Eastern Cape
Areka FM	Granted but not issued	Free State
Kotulo FM	Granted but not issued	Free State
Poort FM	Granted but not issued	Gauteng
Sondela Broadcasting Service	Granted but not issued	Gauteng
Vosloorus Community Radio	Pending	Gauteng
Intokozo Yeningizimu Radio	Granted but not issued	Kwa Zulu Natal
KNI Radio	Granted but not issued	Kwa Zulu Natal
Radio Drakensberg	Granted but not issued	Kwa Zulu Natal
Rock of Ages Christian Radio	Granted but not issued	Kwa Zulu Natal
Kingdom FM	Pending	Limpopo
Legae FM	Pending	Limpopo
Matlala Community Radio	Pending	Limpopo
Malebogo Community Radio	Pending	Limpopo
Nzhelele FM	Pending	Limpopo
Savannah	Pending	Limpopo
Enhlanzeni Media Trust	Pending	Mpumalanga
Bodumedi FM	Granted but not issued	North West
Bokone Bophirima	Pending	North West
Stile FM	Granted but not issued	Western Cape
Western Cape FM	Pending	Western Cape

Media Development and Diversity Agency (MDDA)

  (a) The MDDA is currently reviewing 9 community broadcasting project applications (8 radio & 1 television) for consideration and approval.

  (b) The names of the radio stations currently being reviewed in each province are outlined in the table below:

Media Type	Project Name	Province
Community Radio (New)	Westside FM	Gauteng
Community Radio (New)	Sefako Makgatho University FM (Radio MEDUNSA)	Gauteng
Community Radio (New)	Waterberg Stereo	Limpopo
Community Radio (New)	Bojanala FM	North West
Community Radio (New)	Radio Matatiele	Eastern Cape
Community Radio (New)	Pongola FM	Kwazulu Natal
Community Radio (New)	Ekasi FM	Mpumalanga
Community Radio (Strengthening)	1 KZN Television	Kwazulu Natal
Community Radio (New)	Inakekelo	Mpumalanga

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

Yes, the care and protection of animals in South Africa is regulated by two Acts — the Animals Protection Act, 1962 (Act 71 of 1962) (APA) and the Performing Animals Protection Act, 1935 (Act 24 of 1935) (PAPA). A third Act, the Societies for the Prevention of Cruelty to Animals Act (Act No. 169 of 1993) governs the organization and management of the SPCA movement in South Africa.

DAFF is currently publishing Draft Norms and Standards for the Welfare of Captive Lions under Animals Protection Act, 1962 (Act 71 of 1962) to enforce welfare of captive lions.

Reply:

(1) Whether, with reference to her reply to question 1100 on 4 August 2016, she has received the information from the provincial departments of education; if so, what is the relevant information;

1. The Department has received information from Free State, Western Cape and KwaZulu-Natal Departments of Education about professionals in respect of each (a) province and (b) district who have been trained to assist in conducting investigations and hearings against educators. The remaining provinces will still be required to provide the information.

(2) Whether she will provide the information received from the Western Cape provincial department of education in the meantime; if not, why not; if so, by when?

      (2) Yes, the information about the Western Cape is on table 2 (page 3) of this response.

1. FREE STATE (5 Districts)

FREE STATE TOTAL

27

District Name	Director	Contact Details	E-MAIL	District Number Trained
Fezile Dabi (RURAL)	Mr VH Chuta Director	Tel.: 016 973 9118 Fax: 086 608 8898 082 481 7632	[email protected] [email protected]	5
Motheo (URBAN)	Mrs. NEH Motsoeneng Director	Tel.: 051 404 4622 Fax: 051 404 4622 086 637 6621 082 770 7448	[email protected] [email protected]	11 (Including officials from Head Office)
	Mr MS Mokgobo Director	Tel.: 057 353 2901/ 7 Fax: 057 3575 443 Fax: 086 519 1639 082 774 1017	[email protected] [email protected]	3
Thabo Mofutsanyane (RURAL)	Mrs. BS Tshabalala Director	Tel.: 058 718 4809 086 582 4759 082 495 7582	[email protected] [email protected]	5
Xhariep (URBAN)	Mr WRM Mokuena Director	Tel.: 051 404 4895 Fax: 051 404 4894 082 564 5803	[email protected] [email protected]	3

1. WESTERN CAPE (8 Districts)

WESTERN CAPE TOTAL

30

 

District Name	Director	Contact Details	E-MAIL	District Number Trained
Metro- Central (URBAN)	Ms Sanette Novers	Tel.: 021 514 6700/ 3 Fax: 021 514 6953 072 880 5356	[email protected]	1
Metro- East (URBAN)	Mr M Caroline	Tel.: 021 900 7000/ 5 Fax: 021 903 9484/ 082 442 6640	[email protected]	1
Metro- North (URBAN)	Dr H Brand	Tel.: 021 938 3000 Fax: 021 938 3180	[email protected]	1
Metro- South (URBAN)	Mr Glen Van Harte	Tel.: 021 370 2000 Fax: 021 372 1856	[email protected]	1
Overberg (RURAL)	Mr Bertram Loriston	Tel.: 028 214 7300/ 05 Fax: 086 528 7410 Fax: 028 214 7400	[email protected]	1
Eden Karoo (RURAL)	Ms FZV Rhoxo	Tel.: 044 083 8320 Fax: 044 873 2253	[email protected]	1
West- Coast( (RURAL)	Mr J Beukes	Tel.: 021 860 1200/ 7 Fax: 021 860 1231	[email protected]	1
Cape Winelands (RURAL)	Mr C Frolick	Tel.: 023 348 4600 Tel.: 023 348 4601 Fax: 023 342 4138	[email protected] [email protected]	1

1. KWAZULU NATAL (12 Districts)

KZN TOTAL

25

District Name	Director	Contact Details	E-MAIL	District Number Trained
Head Office	NC Ngcobo	033 846 5402 0725821636	[email protected]	8
Pinetown (URBAN)	Mr E Kganye Acting Director	Tel.: 031 716 2702 Fax: 031 702 6135	[email protected]	2
Ugu/ Port Shepstone (URBAN/RURAL)	Mr W Mfundi Sibiya Director	Tel.: 039 688 8606 Fax: 039 682 0115	[email protected]	0
ILembe (RURAL)	Mr NW Mzoneli Director	Tel.: 031 327 0509 Fax: 031 368 4472	[email protected]	2
Umlazi (URBAN/RURAL)	Mr BH Ntuli Acting Director	Tel.: 031 9188 510 Fax: 031 906 1451	[email protected] [email protected]	1
Sisonke/ Kokstad (RURAL)	Mr ME Mdletshe Director	Tel.: 039 797 3700/ 03 Fax: 039 7274 254	[email protected]	0
Othukela (RURAL)	Mr M J Mazibuko District Director	Tel.: 036 638 5206 Fax: 036 631 1286	[email protected]	2
Umzinyathi (RURAL)	Mr. H Majola Director	Tel.: 034 219 2708 Fax: 034 219 2155	[email protected]	0
UMgungundlovu (RURAL)	Ms JA Baiju Director	Tel.: 033 341 6461 033 3416402 Fax: 033 342 4481	[email protected] [email protected]	2
Amajuba (URBAN/RURAL)	Rev Nelson Sithole Director	Tel.: 034 328 4502 Fax: 034 328 4601	[email protected]	2
Empangeni/ UThungulu (RURAL)	Mr. DS Chonco Director	Tel.: 035 901 1303/4 Fax: 035 792 6165	[email protected] [email protected]	2
Obonjeni (RURAL)	Mr. TJ Motha	Tel.: 035 573 9719 Fax: 035 573 1722	[email protected]	2
Vryheid (RURAL)	Mr Willem Du Plooy Director	Tel.: 034 98230730 Fax: 034 982 1666	[email protected] [email protected]	2

Reply:

1.There is a long standing relationship between the Passenger Rail Agency of South Africa (PRASA) and various local authorities across the country. The establishment of Rail Steering / Liaison Committees was done many years ago, still in the days of the South African Rail Commuter Corporation (SARCC), with various local and district municipalities.

More recently, in terms of the National Land Transport Transition Act (NLTA), the establishment of Intermodal Planning Committees (IPCs) is required. To quote the NLTA “Every municipality that is establishing an integrated public transport network or has significant passenger rail services in its area must… establish an intermodal planning committee consisting of the prescribed technical officials and prescribed representatives of rail operators”.

Many IPCs have already been established, in which PRASA is an active participant and have to some extent replaced some of the Rail Steering / Liaison Committees. In the event where an IPC has not formerly been established, the co-operation between PRASA and the local authority continues through the existing committees or project related steering committees. PRASA reports to the Executive Authority on quarterly basis on the activities and progress regarding the work of the IPCs, as part of the Shareholders Compact.

2. The function of the IPC, as per the NLTA, is to coordinate and integrate public transport as well as non-motorised and freight transport. In addition where there are significant passenger rail services in the area, the intermodal planning committee must facilitate the conclusion of appropriate service level agreements between the municipality and the PRASA.

  (a) Terms of reference for the committees, as required by the NLTA, have been developed

  (b) The close co-operation between the parties has resulted in good co-ordination and alignment of plans and projects across the country. These include :

1. Integrated Transport Plans
2. Integrated Public Transport Network development
3. PRASA Strategic Plan
4. Joint projects (station precincts)
5. Development of Memoranda of Action (MOA)
6. Sharing of information

Reply:

(a)(i) The Master Implementation Program, given the status of the Project it is currently, refer to the table below. It should be noted that, the completion of construction dates are dependent on some critical matters such as unforeseen rock conditions encountered when drilling the tunnel since limited geotechnical investigation can be done due to the tunnel alignment being situated very deep below the ground surface.

MASTER IMPLEMENTATION PROGRAM: CRITICAL DATES	Deadlines
Designs of advance Infrastructure commence	Apr 15 – end Sept 18
Award tenders for Polihali Dam design and Polihali Tunnel design	June 17, July 17
Award tenders for construction of Advance Infrastructure	Mar 17 – Oct 20
Award tenders for construction of Polihali Dam and Tunnel	Jul 19, Aug 19
Start impounding water in Polihali dam	May 23
Construction of Polihali Dam complete	Aug 24
Construction of Polihali to Katse Tunnel complete	Jan 25
Water delivery to RSA commence once Transfer Tunnel is complete	End Jan 25

(a)(ii) Delays encountered was due to the evaluating the complex bid documents and the severe adverse weather conditions since most of the work sites are situated high up in the Maluti Mountains.

(b) Refer to table above.

(c) My Department has established a Strategy Steering Committee consisting of all the Major Stakeholders of the Vaal River System (VRS). This Steering Committee is guiding the implementation of various interventions to ensure that there will be enough water in the system until LHWP Phase 2 (Polihali Dam) can deliver water.

Interventions such as the eradication of unlawful water use, implementation of Water Conservation and Water Demand measures, the desalination and re-use of Acid Mine Drainage, as well as the re-use of sewage return flows.

Although the occurrence of drought is a natural phenomenon causing restrictions to be imposed from time to time, over the medium long-term, the delay in the implementation of Polihali Dam will unfortunately cause periods when the implementation of the above mentioned interventions will not be sufficient to supply enough water which will increase the possibility of unnecessary or pre-mature restrictions in the VRS.

The VRS is currently in a drought situation and it was decided in consultation with the various Stakeholders in the VRS to start the process of implementing progressive water restrictions over the short-term to ensure that a basic water supply can be ensured.

---00O00---

Reply:

Currently the Department of Agriculture, Forestry and Fisheries does not monitor the canned lion hunts but will, after the publication and adoption of the Norms and Standards for Welfare of captive lions, in partnership with the Department of Environmental Affairs, enforce welfare prescripts regarding captive of lions.

Reply:

1. Yes I am informed that a notice that has been captured on the System remains until such notice is cancelled by the relevant Issuing Authority or by a Representations Officer upon receiving a representation. It should be noted that despite the alleged infringer not having received the notice, such an infringer has an option of checking his or her record on the System through the website.
2. The System does not cancel the notices on its own accord after 40 days. The system is designed to mark notices as unenforceable if such notices are captured on the system after the prescribed time frames since the contravention was committed. The notices are kept in the System for record purposes in order to track the statistics of law enforcement, the performance of individual officers as well as for intelligence purposes.
3. The System will not issue a notice after the 40 day period since the contravention has already lapsed, as indicated on response (2) above, such information serves as intelligence as well as for management purposes.

(4) Noting that there is a possibility that due processes were not followed, the honourable member should not infer that the alleged infringer did not contravene the law. The MP as a public representative should advise the alleged infringer to choose to react and challenge the lapse of due process through a representation.

Reply:

Yes, ICASA placed a moratorium on community radio licences.

a)   i) ICASA issued twenty three (23) community sound broadcasting service licences in the 2015/16 financial year.

      ii) Five (5) were issued since April 2016.

b)/c) The names of the stations and the provinces in which they are located:

Licences issued in the 2015/16 Financial Year
Name of Station	Province
Abaqulusi Community Radio	Eastern Cape
Voice of Matat Community Radio	Eastern Cape
Dihlabeng FM	Free State
Eden Community Radio	Gauteng
Abusekho Ubunzima Christian Radio Station	KwaZulu Natal
Pongola Community Radio	KwaZulu Natal
Choice FM	Limpopo
Mutsindo FM	Limpopo
Polokwane Community Radio	Limpopo
Radio Ysterberg	Limpopo
Radio Wolkberg	Limpopo
Radio Kransberg	Limpopo
Radio Naboom	Limpopo
Thulamela FM	Limpopo
Eyethu Community Radio	Mpumalanga
Radio Dagbreek	Mpumalanga
Revelation FM	Mpumalanga
Lara FM	Northern Cape
Radio Magalies	North West
Radio Tafelkop	North West
Caledon FM	Western Cape
Radio Disa	Western Cape
Radio Perron Central	Western Cape

Licences issued since 1 April 2016
Name of Station	Province
Radio Karoo	Eastern Cape
Sirius FM	Gauteng
Jou Radio	Limpopo
Hoedspruit Community Radio	Mpumalanga
7441 FM	Western Cape

aa) On 22 September 2015, ICASA issued a moratorium in respect of applications for class community sound broadcasting service licences and applications for radio frequency spectrum for purposes of providing a community broadcasting service.

bb) The moratorium was necessitated by:

    i) A scarcity of analogue radio frequency;

   ii)The review of the licensing processes and procedures regulations to include a provision for ICASA to process registrations from class community broadcasting licences in two intervals per year. This was concluded in March 2016; and

   iii) ICASA is in the process of developing new regulatory framework for community broadcasting in the 2016/17 financial year.

The moratorium does not however, apply to pending applications received by the Authority before September 2015 and applications for special event licences.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

1. Radio stations are carried on DSTV through commercial agreements between the relevant radio station and DSTV.

2. Both community and commercial radio stations are presently accommodated on the DSTV bouquet. Since January 2014, ICASA has authorised the following radio station channels for inclusion on the DSTV bouquet:

SABC	Commercial	Community	Others
5 FM	Heart FM	Groot FM	Channel 7
Channel Africa	LM Radio	Mix 93.8 FM	Trots Afrikaans
Good Hope FM	North West FM	Radio Islam	The Light
Ikwekwezi FM	OFM		Ubuntu Radio
Lesedi FM	Power FM
Ligwalagwala
Lotus FM
Motsweding FM
Munghana Lonene FM
Phalaphala FM
Radio 2000
RSG
SA FM
Thobela FM
Tru FM
Ukhozi FM
Umhlobo Wenene FM
X-K FM

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

The care and protection of animals in South Africa is regulated by two Acts — the Animal Protection Act, (APA) 1962 (Act 71 of 1962) (APA) and the Performing Animal Protection Act, (PAPA) 1935 (Act 24 of 1935) (PAPA) under the Department of Agriculture, Forestry and Fisheries (DAFF) A third Act, the Societies for the Prevention of Cruelty to Animals Act (Act No. 169 of 1993) governs the organization and management of the SPCA movement in South Africa.

DAFF is publishing Draft Norms and Standards for the Welfare of Captive Lions under Animals Protection Act, 1962 (Act 71 of 1962) to enforce welfare prescripts regarding lions in captivity.

Reply:

The National Prosecuting Authority is still considering the matter, no decision has been taken whether or not to prosecute any person(s) in relation to the matter.

Reply:

(a) The State Information Technology Agency (SITA) is the Information Technology (IT) provider to all government departments. The responsibility to render the examinationsIT system fully functional, including the processing of certification data, rests with SITA which falls under the Department of Telecommunications and Postal Services. The functionality of the examinations IT system includes the programming, enhancement and maintenance thereof.

SITA was initially unable to correct the data processing errors affecting resulting and certification data on the examinations IT system and this is what led to a backlog in the issuing of certificates. SITA acknowledged the capacity and management challenges being experienced in this regard to the Portfolio Committee on Higher Education and Training in August 2015.

(b) SITA immediately established a special project team to address the certification backlog in August 2015 and outsourced part of the process to an outside service provider with the requisite experience in the particular programming language in use on the system. The Department and the quality assurance body, Umalusi, also availed dedicated personnel to the project to assist SITA in expediting the correction of the data processing errors on the system.

SITA has also established a new and permanent education portfolio outside of its other regular portfolios and placed a senior manager in charge to drive the IT services rendered to government departments functioning as national assessment bodies.

The students affected by the problem do indeed have statements of results and the Department, on request, provides students with letters confirming that they comply with the requirements for the issuance of a certificate.

The Department has also, with the approval of Cabinet, appointed an outside service provider to develop a new examination IT system which will address the processing of resulting and certification amongst all other functionalities on the system. The development of the resulting and certification functionalities has been prioritised and will be implemented as soon as they are approved for implementation.

(c) Substantial progress has been made with the backlog project for the certification of NC(V) candidates from the November 2007 to March 2015 cycles. To date, 99.7% of the 236821 candidate records not yet processed by August 2015 have been completed which means that only 743 (0.3%) certificate records have yet to be processed. Due to the nature of the errors in the remaining records, each record has to be attended to manually.

The Department packs and dispatches the NC(V) certificates to examination centres upon receipt from Umalusi.Candidates are therefore advised to contact the examination centre where they wrote their examinations to make arrangements for collection of their certificates.

The processing of certification data for the November 2015 cohort of students has been initiated and these certificates will be released during September 2016.

COMPILER/CONTACT PERSONS:

EXT:

DIRECTOR – GENERAL

STATUS:

DATE:

QUESTION 1748 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Quote:

(a)(i) The department has spent R 4,094,600.01 on advertising in 2015-16 financial year.

• Advertising: Promotional Items & Marketing R 3,343,401.15
• Advertising: Recruitment R 528,711.08
• Advertising: Tenders R 222,487.78

It should be noted that the expenditure on advertising include procurement of promotional items that are mainly used by missions which is classified as advertising according to Standard Chart of Accounts(SCOA) as well as advertising cost for recruitment and tenders.

(a)(ii) The entity (African Renaissance International Cooperation Fund) does not have and operational budget, all operational costs are covered by the Department of International Relations and Cooperation.

(b)(i) The department budgeted R6,417,475.00 for advertising in 2016-17 financial year for procurement of missions’ promotional items, adverts for recruitment as well as adverts for tenders and

(b)(ii) The entity (African Renaissance International Cooperation Fund) does not have an operational budget, all operational costs are covered by the Department of International Relations and Cooperation.

Unquote.

Reply:

(a)&(b) In answer to the question asked by the honourable member , SANRAL reports that from toll commencement on 3 December 2013 to 31 July 2016, the system has been operating as designed. The availability average across the system has been above the contractually required 99,8% per month.

Similarly for the back office systems – it has been above 99,9%.

Reply:

1. Yes, the government recognised the Ndebele amaNzunza as a kingship community (traditional community) and not a nation. The Department acknowledge the people of South Africa as a Nation composed of different communities including amaNzunza. AmaNzunza have their recognised senior traditional leaders who are under their king. AmaNzunza as a community separate from any other community were in existence for over five hundred years and have been recognised as such.
2. Yes, the government does recognise that there are differences between amaNzunza and amaNala. The two are not cultural groups but communities, any cultural groups from each will depict the community thus there will be a difference. The Honourable Member is requested to note that each community has its own king and follows their own customs and customary laws and their traditions differ like initiation schools differ in terms of regiments naming and the number of regiments, lobola cattle etc.
3. The Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) does not make provisions for the recognition of kingdoms in the Republic of South Africa. The Act makes provision for the recognition of kingships and kings of which amaNzunza have been recognised as such.

Reply:

(a) The budget that is allocated for the leasing of the VIP-configured jet for the 2016/17 financial year is R100m.

(b) The Request for Offer (RFO) was issued on the 18th August 2016. After the tender process has been completed and if a successful bid is received, it is anticipated that the aircraft will be delivered to the SA Air Force on the 01st November 2016.

Reply:

The information required relates to the movement of the VVIP, and for security reasons, the response to this question can only be presented to a closed session of the Joint Standing Committee on Defence.

Reply:

The Minister of Public Works

(1) and (2) Yes, the said property is under the custodianship of the Department of Public Works (DPW). It is used as official residence by a Member of the Executive.

______________________________________________________________________

Reply:

The Minister of Public Works

(a) (i), (ii) and (ii) No cases of fraud were reported to the National Department of Public Works (NDPW) with regard the Expanded Public Works Programme (EPWP), in the 2012-13, 2013-14 and 2015-16 financial years.

(ii) In the 2015-16 financial year there was one case of a Ward Councillor from the eThekwini Municipality.

(b) (c) (i) and (ii) and (d) The NDPW immediate engaged the Municipality on this case and thereafter it was referred to the Municipality Ombudsman (Integrity Unit) for further investigation. The Ward Councillor unfortunately passed away during the course of the investigation. No criminal case was registered as a result of the death of the Ward Councillor. At the time of death the said individual was still serving as a Ward Councillor and had not been removed from their position.

______________________________________________________________________

Reply:

The matter is still under investigation, response will be made available once it is finalised.

Reply:

The information required relates to the movement of the VVIP, and for security reasons, the response to this question can only be presented to a closed session of the Joint Standing Committee on Defence.

Reply:

The information required relates to the movement of the VVIP, and for security reasons, the response to this question can only be presented to a closed session of the Joint Standing Committee on Defence.

Reply:

The information is sourced by the Department of Cooperative Governance and Traditional Affairs in the Mpumalanga Province.

1. No sanction will be imposed on Councillor MO Sikosana.

   (a) The reason is that the Councillor MO Sikosana had declared the interest in writing to the Municipal Manager as required by the Code of Conduct being an active member of the company.

   (b) None.

 

Reply:

The information required relates to the movement of the VVIP, and for security reasons, the response to this question can only be presented to a closed session of the Joint Standing Committee on Defence.

Reply:

The information required relates to the movement of the VVIP, and for security reasons, the response to this question can only be presented to a closed session of the Joint Standing Committee on Defence.

Reply:

Dr JS Moroka Local Municipality was contacted to provide a response to the question.

The response from Dr JS Moroka Local Municipality to the above-mentioned questions is as follows:

1. No, water in Elias Motsoaledi Local Municipality is supplied by the Sekhukhune District Municipality.
2. No, please refer to the above.

Reply:

The information required relates to the movement of the VVIP, and for security reasons, the response to this question can only be presented to a closed session of the Joint Standing Committee on Defence.

Reply:

Yes. The appointments were finalised before the end of May 2016.

Reply:

The Minister of Public Works

(1) (a)

There are no properties under the custodianship of the National Department of Public Works (NDPW) as captured in the Immovable Asset Register (IAR) that are located in the North Atlantic Ocean.

(b)

The management of State land and property is confronted by a number of key systemic legacy challenges, which must be adequately appreciated in order to successfully compile a complete, accurate and fully Generally Recognised Accounting Practice (GRAP) compliant IAR. For instance, registered State land is recorded in the Deeds office under a multitude of legacy custodians’ and former Government Departments’ names, hence it is often difficult to clearly assign or “deem” custodianship to the correct custodian. Also, there are a multitude of land parcels that have been surveyed, but not yet registered. These have previously not been recorded by custodians, however it is required that they are recorded with effect from the year ending 31 March 2014 in terms of the National Treasury Immovable Asset Guide.

Through the Asset Register Enhancement programme, the NDPW has been able to disclose over 100,000 properties and over 31,000 land parcels. The Department made use of electronic data collection tools and Geographical Information System (GIS) software in the compilation of the IAR. Properties were subdivided into Regions and matched to GIS layers. However, there were inadvertent errors made in a minority of cases in terms of linking properties to the GIS with correct geographical coordinates. Errors such as missing digits on coordinates and assigning positive (+) and negative (-) latitude values incorrectly were made. As South Africa lies in the southern hemisphere, starting with positive (+) latitude values when locating properties can have the effect of giving the wrong impression that properties are located in the northern hemisphere. One can deduce therefore, that the incorrect impression of properties being located in the North Atlantic Ocean is as a result of the errors made in the inputting of the coordinates.

As pointed out earlier, many properties that were found through the IAR Enhancement Programme had not be surveyed and thus had missing cadastral information, which would indicate the Erf numbers and details of whether they are farms, holdings, etc.

(c) and (d)

The IAR enhancement project was previously administered by NDPW’s Asset Register Management Unit. As part of the Department’s Turnaround Strategy the newly formed Real Estate Information and Registry Services Division (REIRS) bears overall responsibility for the Asset Register Enhancement Programme. REIRS has requested the Chief Surveyor General (CSG) to provide spatial geo-referenced cadastral data for approximately 1200 properties that could not be linked to the GIS due to the absence of the cadastral layer. Out of the 1200 properties, about 200 properties were successfully matched to the GIS and can now undergo the asset verification process. Further investigations are being conducted on the remaining properties in order to get the required cadastral data to link them to the GIS.

(2) As noted above the 1200 land parcels were not lost by the NDPW as alluded to by the Honourable Member, but rather “un-locatable” on the Geographical Information System due to the unavailability of the cadastral layer. The Department is in the process of verifying about 200 of those properties, which have now been linked to the GIS using the spatial geo-referenced cadastral data and is conducting tests for the linking of the remaining properties.

Reply:

I have been furnished with a reply by the CEO of the Industrial Development Corporation (IDC), Mr Geoffrey Qhena, a copy of which is attached hereto.

-END-

Reply:

Yes, the Minister has convened and presided over the following meetings of the Cooperative Governance and Traditional Affairs Minister and Members of Executive Council (MINMEC). The meetings were held as follows:

(i) Dates	(ii) Venues
19 February 2016	Offices of the Ministry of Cooperative Governance and Traditional Affairs, 87 Hamilton Street, Arcadia, Pretoria, Boardroom S-37
01 April 2016	Offices of the Ministry of Cooperative Governance and Traditional Affairs, 87 Hamilton Street, Arcadia, Pretoria, Boardroom S-37
13 May 2016	Offices of the Ministry of Cooperative Governance and Traditional Affairs, 87 Hamilton Street, Arcadia, Pretoria, Boardroom S-37
02 September 2016	Offices of the Ministry of Cooperative Governance and Traditional Affairs, 87 Hamilton Street, Arcadia, Pretoria, Boardroom S-37

Reply:

The Minister of Public Works

(a) (i) Yes, furniture was purchased by the Department of Public Works (DPW) during the 2014-2015 financial year.

(ii) No, furniture was purchased during the financial year 2015-2016 financial year.

(b) Yes, furniture was purchased by the DPW in the period starting from 01 April 2016. Details can be seen below.

(aa) Purchases made in the financial year 2014-2015;

DESCRIPTION	QUANTITY
ACACIA PARK   219 Units	DOUBLE BED SETS	219
PELICAN PARK 69  Units	DOUBLE BED SETS	69
LABORIA PARK 56 Units	DOUBLE BED SETS	56
ACACIA PARK   219 Units	FRIDGE FREEZERS	219
PELICAN PARK 69  Units	FRIDGE FREEZERS	69
LABORIA PARK 56 Units	FRIDGE FREEZERS	56
ACACIA PARK   219 Units	SOFAS: 2 PER UNIT	438
PELICAN PARK 69  Units	SOFAS	138
LABORIA PARK 56 Units	SOFAS	112
ACACIA PARK   219 Units	COFFEE TABLES	219
PELICAN PARK 69  Units	COFFEE TABLES	69
LABORIA PARK 56 Units	COFFEE TABLES	56
ACACIA PARK   219 Units	DINING CHAIRS	1314 chairs
PELICAN PARK 69  Units	DINING CHAIRS	414 chairs
LABORIA PARK 56 Units	DINING CHAIRS	336 chairs
ACACIA PARK   214 Units	CURTAINS	214 units
PELICAN PARK 69  Units	CURTAINS	69 units
LABORIA PARK 56 Units	CURTAINS	56 units
ACACIA PARK   9 UNITS	FRIDGE FREEZERS	9
ACACIA PARK   10 UNITS	DOUBLE BED SETS: 2 PER UNIT	18
PELICAN  PARK   8 UNITS	QUEEN BED SET	8
ACACIA PARK   9 UNITS	DINING CHAIRS: 6 PER UNIT	54
ACACIA PARK   9 UNITS	SOFAS: 2 PER UNIT	18 sofas
PELICAN PARK 5 UNITS	SOFAS: 2 PER UNIT	10  sofas
ACACIA PARK 9 UNITS	CURTAINS
ACACIA PARK 9 UNITS	COFFEE TABLES	9
PELICAN PARK 5 UNITS	COFFEE TABLES	5
ACACIA PARK 9 UNITS side tables	TV STANDS	9
ACACIA PARK 9 UNITS	MIRROR	9
ACACIA PARK 9 UNITS	DRESSERS / SERVERS	9
PELICAN PARK 5 UNITS	TV STANDS	5
PELICAN PARK 5 UNITS	SIDE TABLES	10

Purchase made since 01 April 2016;

• 500 x double bed sets for Sessional Officials.

(bb) Organisations and / or entities that the used furniture was donated to:

No.	(aaa) Names	(bbb) Addresses
1	Beaufort West Association for Persons with Disabilities	Off N1, Banton Road , Beaufort West, 6970
2	Ikhaya Loxolo Lase Gugulethu	NY 1 Gugulethu
3	Leap Science and Maths School - Kuyasa Simthembile Old Age Home	P.O. BOX 2229 Clareinch, 7740
4	Sivusizwe Dilimeni Deaf Foundation	NY 53 NO. 62, Gugulethu
5	Vision for the Development of Fizi - Videfi	10 Robert Sobukwe Road, Bellville/7530
6	Douglas Murray (Wynberg Society for the Aged)	53 Gordon’s Searle Street, off 12th Avenue, Retreat, 7945
7	St. Monica's	38 Lion Street Schotsche Kloof Cape Town
8	Siyanithanda Disabled Care Centre	Cnr of Bill Jeffrey and Mayixhaye Street, Kwa-Nonqaba, Mosselbay
9	Sonstraal Service Centre	165 Blomnek Road, De Rust, 6650
10	Cape Mental health Society	Private Bag x7 Observatory, 7925
11	Neighbourhood Old Age Homes (NOAH)	P.O. Box 142, Woodstock, 7915
12	Tygerberg Association for Persons with Physical Disabilities	P.O BOX 563, Goodwood 7459
13	Nyanga Senior Services	503 Zwelitsha Drive Zwelitsha, Nyanga East 7755
14	Orion Organisation	Reygersdal Anenue westleur, Atlantis, 7350
15	Kensington/ Factreton Meals on Wheels	Kensignton Cape Town
16	Huis De Kuilen	Skoolstraat Kuilsriver, 7580
17	Langa Cheshire	Langa Township, Cape Town
18	Sobamabisana Community Development	NO. 5 Klipfontein road Crossroad 7755
19	Abigail Women's Movement	33 Galaxy Crescent, Ikwezi Park Khayelitsha, 7784
20	Parow Senior Sentrum	62 Bedfordstraat, Parow, 7500
21	Commercial Service Centre	Erfort Avenue, Elsies River, 7490
22	Masizimisele Community Development	P.O.Box210 Langa, 7450
23	Helderberg Society for the Age	Helderberg, Somerset West, Cape Town
24	Bosman Adam Foundation Trust	Lellienfontein Plaas, Hexberg Road Wellington
25	Balula Home BasedCraft Centre	JJ45 Squarter Camp Fisantikraal 7550
26	Touching Nations	P.O.BOX 10104, Belhar, 7505
27	Hanova Park Youth Development	31 Greenturf Road, Hanover Park, Cape Town
28	Sonskyn Club for the aged	P.O Box 17512 Lavistown, 7465
29	Fairy Gog Mother Community Project	Hanover Park, Cape Town
30	Philani Seniors
31	Masibambane Sibuyise Isidima Sethu	14 Nabe Way, Settlers Way, Langa Township, 7455
32	Siyazama Old Aged Home	S.303 Nkomo Street, Site-B Khayelitsha, 7784
33	Bubuthu Bethu Organisation	Langa Township, Cape Town
34	Cape Peninsula Organisation	Private Bag X7, Newlands 7725

(ccc) The physical address of the DPW Cape Town Regional Office’s central storage warehouse is: Customs House, basement store, Lower Heerengracht Street, Cape Town.

________________________________________________________________________

Reply:

1668 (a) and (b)

The Standard Chart of Accounts (SCOA) structure of the Department is reflecting an economic classification of items to vest expenditure. The design principles of the reporting tables inter alia allow for the grouping of transactions based on the nature thereof and therefore do not allow for the identification of transactions that can be related to this question. The Department recollects some investigations into the matter but cannot extract data systems wise.

Reply:

(a) The Restitution Act requires that a determination be made on whether an amount, if any, or any other consideration received in respect of dispossession is just and equitably calculated in the manner determined in section 25 (3) of the Constitution. In order to do so, a valuation of the actual right in land that the Claimant was dispossessed of, calculated at the time of dispossession is to be conducted, i.e. a historical valuation.

(b) Spectrum Valuation Services was appointed by the Commission to conduct valuations. It was required to determine the market value of the right in land that the Claimant was dispossessed of, as at the time of dispossession.

Once the market value had been determined, Spectrum Valuation applied the factors listed in s 25(3) of the Constitution, as may be applicable, as at the date of dispossession, which will lead to an upward or downward adjustment. The end result was just and equitable compensation for the right in land, the Claimant was dispossessed of, that should have been paid at the time of dispossession.

Since there were improvements belonging to the Claimants, at the time of dispossession, and the value of those improvements could not be determined as part of determining market value, an amount equal to the Housing Subsidy was paid to the claimants as financial compensation.

The determination was done as depicted in the table below:

CLAIM NAME	HISTORICAL LAND VALUE	HOUSING SUBSIDY QUANTUM	TOTAL
Mahashi Community	R 9 095 348.88	R110, 947 x 191 households	R21 190 877.00
Mhlanganisweni Community	R29 899 344.44	R110, 947 x 116 households	R12 869 852.00
Ngirivani Mathebula Community	R37 237 055.55	R110, 947 x 136 households	R15 088 792.00
Madonsi/Nwadzekudzeku Community	R48574 382.53	R110,947.00 x 135 households	R14 977 845.00
Ndindani Community	R30 358 451.13	R110,947.00 x 52 households	R 5 769 244.00
Muyexe Community	R39 095 099.30	R110,947.00 x 128 households	R14 201 216.00
Total	R194 259 681.83	758 households	R84 097 826.00

Reply:

Lists of households as beneficiaries are attached as Annexures as follows:

(a) Annexure A: A total of 408 households

(b) Annexure B: A total of 960 households

(c) (i) Annexure C: A total of 136 households

(ii) Annexure D: A total of 116 households

(iii) Annexure E: A total of 191 households

(iv) Annexure F: A total of 135 households

(v) Annexure G: A total of 52 households

(vi) Annexure H: A total of 128 households

Reply:

The case is still under investigation.

Reply:

(1) A total of 20 mining companies were issued with water use licenses in the 2012-13 financial year. Names, locations, products being mined, volume of water approved and the source of abstraction appear in Table 1:

Table 1: Details of mining companies issued with water use licenses, 2012-13, Mpumalanga

No	Name	Type of product	Property details	Province	Volume of water	Source of Abstraction
1	Total Coal SA-Forzando North	Coal	Portion 9, 24, and 10 of the farm Weltervreden 193 IS	Mpumalanga	237 600m3/a	groundwater
2	Xstrata - Platinum Flotation - Thorncliffe and Mototolo	Platinum	Thorncliffe 374 KT, Grooteboom 373 KT and Mototolo mine	Mpumalanga	85 775 m3/a	groundwater
3	African Exploration Mining and Finance Corporation: Vlakfontein Mine	Coal	Ptn 3 Vlakfontein 569 JR	Mpumalanga	N/A	N/A
4	Maphocs Mine	Coal	Mapochsgronde 500 JS; Ptn 0 Zwartkop 142 JS	Mpumalanga	341 676m3/a	groundwater
5	Universal Coal and Energy (Pty) Ltd - Kangala Coal Mining	Coal	Wolvenfontein 244 IR ptn 1&2	Mpumalanga	384 060m3/a	groundwater
6	HCI Khusela Coal (Pty) Ltd -Mbali Colliery	Coal	Ptn 16, 17 Klippoortjie 32 IS	Mpumalanga	477 597m3/a	groundwater
7	Corridor Mining	Coal	Ptn 0 Zwartkoppies 413 KS; Ptn 0 Waterkop 113 KT	Mpumalanga	8 820m3/a	Borehole
8	Stuart Coal (Pty) Ltd	Coal	Ptn 9 & 10 of farm Weltervren 227 IR	Mpumalanga	15 000m3/a	Borehole
9	Muhanga Mine: Emmerenthia	Coal	Ptn 13 &19 of farm Kafferstad 195	Mpumalanga	N/A	N/A
10	Sudor Coal -Elandsfontein	Coal	Elandsfontein 75 IS Portions. 4, 7 & 8	Mpumalanga	1 320m3/a	Borehole
11	Shanduka Coal (Pty) Ltd: MTC extension	Coal	Elandspruit 291 JS 14	Mpumalanga	1 801 825 m3/a	groundwater
12	Umcebo Mining: Kleinfontein	Coal	Kleinleeuwfontein 563 IS	Mpumalanga	1 200 m3/a	groundwater
13	Umcebo: Umsimbithi Wonderboom Mine	Coal	Ptn 14 farm klippan 452 JS, Ptn 2,3,6,12, 15, 19, 21,22,23,25 farm wonderfontein 428 JS	Mpumalanga	2 760 600m3/a	groundwater
14	Wildfontein Colliery	Coal	Wildfontein 420 JS	Mpumalanga	1 584m3/a	groundwater
15	Shanduka Coal: Graspan Colliery	Coal	Rietfontein 286 JS, RE of Ptn	Mpumalanga	1 033 315m3/a; 250 521m3	groundwater
16	Inkomati Anthracite Mine (Pty) Ltd	Anthrasite	Wildebeest 494 JU	Mpumalanga	125 420m3/a	groundwater
17	Xstrata Coal SA Tweefontein Complex: Optimasation Project	Coal	Tweefontein 13IS	Mpumalanga	4 354 815m3/a	groundwater
18	Muhanga Mine: Op Goedenhoop Mine	Coal	Opgoedenhoop 205 IS	Mpumalanga	16 800 m3/a	groundwater
19	Elitheni Coal (Pty) Ltd	Coal	Machubeni 3 Allotment Area	Mpumalanga	276 000m3/a	groundwater
20	Umnotho Wesizwe Resources (Pty) Ltd - Mooihoek Chrome Mine	Chrome	Mooihoek 255 KT 1	Mpumalanga	300m3/a	groundwater

A total of 22 mining companies were issued with water use licenses since 01 April 2016. Names, locations, products being mined, volume of water approved and the source of abstraction appear in Table 2:

Table 2: Details of mining companies issued with water use licenses since 01 April 2016, Mpumalanga

 

Number	Name	Product	Property details	Province	Volume	Source of Abstraction
1	Vergenoeg Mining Company (Pty) Ltd	Coal	Portion 4 of the farm Kromdraai 209 JR	Mpumalanga	255 000 m3/a	Surface water: Rust De Winter Dam
2	Delf Sand (Pty) Ltd: Cullinan	Sand	Brandbach JR , Portion 63 & 67	Mpumalanga	214 620 m3/a	Groundwater
3	Umzobanzi Coal and Energy cc: Schoongezicht coal	Coal	Schoongezicht, 308 JS, Portion 6.	Mpumalanga	N/A	N/A
4	Msobo Coal (Pty) Ltd: Veerdepan Mine	Coal	Verkeerdepan 50 IT	Mpumalanga	10 368 m3/a	Groundwater
5	Just Coal (Pty) Ltd: Bankfontein Colliery & Beneficiation Plant	Coal	Bankfontein 375 JS, portion 48	Mpumalanga	24 090 m3/a	Groundwater
6	Wescoal Mining (Pty) Ltd: Khanyisa Colliery	Coal	Portion 106 of the farm Heuvelfontein 215 IR	Mpumalanga	36 000 m3/a	Groundwater
7	Tubatse Chrome (Pty) Ltd	Chrome	Portion 6 of Goudmyn 337 KT	Mpumalanga	508 919 m3/a	Groundwater
8	Pembani Coal Caroline (Pty) Ltd	Coal	Re Kwaggafontein 8 IT	Mpumalanga	1 944 363 m3/a	Groundwater
9	Glencore Operations South Africa (Pty) Ltd: Merafe Venture Operations- Lydenburg Smelter	Coal	Plot 2541 of Lydenburg Extention 10	Mpumalanga	N/A	N/A
10	Eastside Coal Company (Pty) Ltd- Eastside Colliery	Coal	Paardeplaats 12 IT, the Remaining extent of Portion 1 & Haarlem 39 IT, Portion 1.	Mpumalanga	586 522 m3/a	Groundwater
11	Freddies Minerals (Pty) Ltd	Coal	Portion 2 of the farm Morelag 5 KU	Mpumalanga	7 300 m3/a	Groundwater
12	Dialstat Trading 115 (Pty) Ltd: Water Pipeline from Lakeside to Argent Colliery	Coal	Welgelegen 211 IR portion 9 &2	Mpumalanga	600 000 m3/a	Surface water, open void
13	Canyon Springs investments 82 (Pty) Ltd: Canyon Springs Coal Mine	Coal	Roodekoppies 167 JR, Portion 3, 4 and RE	Mpumalanga	641 800 m3/a	Groundwater
14	Universal Coal Development- Kangala Colliery	Coal	Portion 1 RE of the portion 2 of the farm Wolvefontein 244 IR	Mpumalanga	246 866.25 m3/a	Groundwater
15	Anglo Operations (Pty) Ltd: Goedehoop Colliery- Dump expansion and Briquetting plant	Coal	Portion 12, 17, 18 and 41 Koornfontein 27 IS	Mpumalanga	N/A	N/A
16	Omaruru Minerals (Pty) Ltd: Elandshoogte Gold Mine	Gold	Portion 3 of the farm Elandshoogte 270 JT	Mpumalanga	72 000 m3/a	Groundwater
17	Liquid Mist Trading (Pty) Ltd: Beneficiation Plant	Coal	Portion 137 of the farm Blesboklaagte 296 JS	Mpumalanga	19 710 m3/a	Groundwater
18	Bokoni Platinum Mine: Klipfontein Section	Platinum	Klipfontein 465 KS	Mpumalanga	66 792 m3/a	Groundwater
19	Barberton Mines (Pty) Ltd: Fairview Mine	Coal	Remaining extent of Fairview 708 JU	Mpumalanga	2 544 964 m3/a	Groundwater
20	Perisat Investments (Pty) Ltd: Rirhandzu Colliery	Coal	Vlakvarkfontein 213 IR Portion 4, 14 & 15	Mpumalanga	4 380 m3/a	Groundwater
21	Corridor Mining Resources: Twyfelaar section	Coal	Twyfelaar 119 TKT	Mpumalanga	4 800m3/a	Groundwater
22	Optimum Coal Mine (Pty) Ltd: Schoonoord Operations	Coal	Brakpan 163 IS and Schoonoord 164 IS	Mpumalanga	520 000 m3/a	Groundwater

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Reply:

1. Yes, I as Minister of Finance met with the CEO of Oakbay Investments (Pty) Ltd, (hereafter referred to as ‘Oakbay’), Mr Nazeem Howa on 24 May 2016. The meeting was at the request of Mr Howa in letters to me dated 8 and 17 April 2016. I am not aware of any other dedicated meetings between any person from the National Treasury and Oakbay. I will therefore only deal with the meeting with Mr Howa held on 24 May 2016.

I will not deal with the matter raised in the public statement made on 16 March 2016 by the Deputy Minister of Finance, Mr Mcebisi Jonas, detailing how he was approached by a shareholder of Oakbay who offered him the position of Minister of Finance to replace the then – Minister Nene.

  (a) Mr Howa was accompanied by a member of Oakbay’s finance department (name not known) who presumably reports to him. The Director-General (Mr Lungisa Fuzile) and three other officials, including the Treasury Legal Counsel, formed part of the Treasury delegation.

  (b) The meeting was at the request of the CEO of Oakbay, Mr Nazeem Howa, who wrote to me on 8 and 17 April 2016 to request a meeting with him.

  (c) The purpose of the meeting was to discuss Oakbay’s request that the Minister of Finance intervene in its dispute with a number of banks so as to avoid possible job losses that may arise as a result of the closure bank accounts held by Oakbay and its associated companies.

  (d) (i) As stated above, the meeting took place on 24 May 2016.

       (ii) The meeting took place at the National Treasury head office at 40 Church Square, Pretoria.

2. The only purpose of the meeting was to hear the view of Oakbay on the closure of its accounts. The only decision out of this meeting was for Oakbay to provide the Treasury with any relevant information to support its allegations and to continue to engage in good faith.

I did take the opportunity to point out the legal framework operating for banks, and made the following points to Mr Howa:

   (a) The banking sector is highly regulated, and any failure of our banks to comply with international regulatory standards could have devastating effects on the banking system, financial stability and the economy as a whole. Banks are subject to tough and intrusive international standards such as Basel III, 2003 United Nations Convention Against Corruption and anti-money laundering obligations. I attach the aide-memoire that I provided to Oakbay after our meeting, to explain the regulatory framework that applies to banks in South Africa (Annexure A).

   (b) The Annexure explains that besides anti-money laundering and prudential objectives to make the financial sector more secure and resilient (following the 2008 Global Financial Crisis), banks are also expected to comply with market conduct standards, including treating customers fairly, financial inclusion and access objectives. The Memoire also references past cabinet decisions including Twin Peak reforms (Financial Sector Regulation Bill) approved by Cabinet and currently before Parliament for its consideration.

   (c) There are legislative and regulatory impediments to any registered bank discussing client-related matters with the Minister of Finance or any third party. The Minister of Finance does not have the power to intervene in a bank-client relationship (and I pointed out that I am advised by legal opinion in this respect). The bank-client relationship imposes a duty on the bank to honour the confidentiality of the client.

   (d) Oakbay (unlike banks) is free to provide to the Minister any reasons or information it has received from any bank when closing their accounts. Mr Howa stated that no bank had provided any reasons to Oakbay for the closure of their accounts. I requested copies of the letters from the banks to Oakbay from Mr Howa to verify whether reasons were provided or not, and to allow myself to take appropriate steps based on full and complete available information.

   (e) I pointed out that the best, and only, course of action for any corporate client would be for the company to approach a competent court to seek the reasons for the closure of their accounts, and to establish its rights and to deal with any alleged transgressions of the law or of the Code of Banking Practice, which cover the process that banks have agreed to when closing accounts.

   (f) I noted my concern for any loss of jobs at any time in our economy, be it at Oakbay, Exxaro or any other company;

   (g) Oakbay agreed that attacks from individuals related to the company on the National Treasury were not helpful or in the national interest and should be avoided.

  (h)) Mr Howa also agreed to provide all the relevant information to my office, including the letters he received from banks when informing Oakbay of the closure of their accounts.

3. My view that the only option available to Oakbay is to approach a competent court has subsequently been strengthened by what Mr Howa himself indicated on 19 June 2016 during an interview on Carte Blanche, where he confirms that one bank has in fact provided the following reason to Oakbay for the closure of its account:

“….. South Africa’s Companies Act, Regulation 43, Prevention of Organised Crime Act, Prevention and Combating of Corrupt Activities Act and the Financial Intelligence Centre Act, as well as the USA’s Foreign Corrupt Practices Act and UK’s Bribery Act, prevent us from having dealings with any person or entity who a reasonably diligent (and vigilant) person would suspect that such dealings could directly or indirectly make us a party to or accessory to contraventions of that law. ”

Mr Howa further indicated that the bank stated “We have (conducted) enhance[d] due diligence of Oakbay entities and as required by the FICA and have concluded that continuing with any bank-customer relationship with them would increase our risk of exposure to contravention of the mentioned law to an unacceptable level.”

The reasons quoted by Mr Howa above are very serious, and it is in the interest of Oakbay that it goes to court if it has nothing to hide to correct any misperceptions that any bank may have about it, and to ensure it is being treated fairly. It should be borne in mind that the 2003 UN Convention Against Corruption requires banks in member countries like South Africa to take preventive action against corruption and money laundering, with the onus on all individuals and companies to explain any transactions that their banks may regard as suspicious.

Despite our agreement with Mr Howa to provide all relevant information and to continue to engage in good faith, Mr Howa has to date not provided me with the letter that he has quoted from.

So despite an exchange of further correspondence with Oakbay, it remains my view that I am unable to assist Oakbay in any way. I am advised that to do so would be legally impermissible. The best course of action would be for the company to approach a competent court so that it can establish the rights which it contends it has, rather than via a political or public media campaign. This will also allow banks to provide any reasons without transgressing their confidentiality obligations.

Reply:

(a) The beneficiary is a person, an estate, a direct descendant or a community that was dispossessed of a right in land, after 19 June 1913, as a result of past racially discriminatory laws or practices, who had lodged a claim within the timeframes provided for in the Restitution of Land Rights Act, 1994, and who was not paid compensation that is just and equitable at the time of dispossession. Where a claim is for a community, the beneficiary is a member of that community that was dispossessed together with other community members or their direct descendants.

(b) Through household verification. This process entails a determination of the members of the claimant community, i.e. households that were dispossessed of a right in land as a result of past racially discriminatory laws or practices. The Commission conducts meetings with the claimant households and collect information of dispossession through verification forms, and drawing of family trees to depict direct descendants in terms of family genealogy. The verified households would then become beneficiaries of the claim.

2. No service providers were appointed to carry out the task of verifying the beneficiaries. This task was completed by the officials of the Commission on Restitution of Land Rights.

3. The monies paid out to claimants as financial compensation in full and final settlement is as follows:

  (a) Financial compensation: R 84 097 826.00, which is currently being paid to beneficiaries; and

  (b) Development of sustainable projects: R194 259 681.83, which will be paid once community approved business plans have been finalised.