Questions and Replies

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:

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:

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:

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:

(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:

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:

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:

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:

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:

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:

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:

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:

(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:

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.

-END-

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:

The recommended personnel strength for the Norkem Park Police Station Detective Service according to the Fixed Establishment is 38. The actual personnel strength of the Detective Service is 37.

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.

Signed LIEUTENANT GENERAL

PROVINCIAL COMMISSIONER: GAUTENG

DS DE LANGE

Date: 13 September 2016

Reply to question 1853 recommended

Original signed LIEUTENANT GENERAL

ACTING NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE

JK PHAHLANE

Date: 14 September 2016

Reply to question 1853 approved/not approved

MINISTER OF POLICE

NPT NHLEKO, MP

Date:

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:

Nineteen members have attended the detective course, including officers.

Twelve members have not yet attended the detective course.

There are no members currently attending the detective course. Members will be sent as soon as there are courses available and members are called up to attend the course.

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:

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 Kempton Park Police Station:

Current detective personnel strength: 63

Current detective vehicle strength: 30

Ideal number of vehicles for 63 detectives: 32

Current shortage of vehicles: -2

New vehicles purchased will be issued to the Kempton Park Police Station 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 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:

There are currently two members attending the detective course. The remaining nine members must still attend the detective course.

The stations are controlled via the intake of facilitators of the course. The intake usually accommodates one or two members at a time and a course lasts for three months.

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:

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:

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 Edenvale Police Station:

Current detective personnel strength: 36

Current detective vehicle strength: 17

Ideal number of vehicles for 36 detectives: 18

Current shortage of vehicles: -1

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

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:

(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 Bedfordview Police Station Detective Service according to the Fixed Establishment is 36. The actual personnel strength of the Detective Service is 35. One experienced re-enlisted member was 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. Bedfordview Police Station has a surplus of one member within the Visible Policing environment and should therefore identify and redeploy one 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:

Question 1 (a) (i)

As at 31 August 2016 the number of outstanding appeals are 957.

Question 1 (a) (ii)

At 1 April 2016, the number of outstanding appeals were 943.

Question 1 (b)

The following number of appeals were final ised in the months as indicated

April 2016 - 4 Appeals

(i) Appeals granted - 1

(ii) Appeals dismissed - 3

May 2016 - 6 Appeals

(i) Appeals Granted - 4

(ii) Appeals Dismissed – 2

June 2016 - 31 Appeals

(i) Appeals granted - 27

(ii) Appeals dismissed - 4

July 2016 - 20 Appeals

(i) Appeals granted - 10

(ii) Appeals dismissed – 10

August 2016 - 10 Appeals

(i) Appeals granted - 4

(ii) Appeals dismissed – 6

Question 2(a)

Considering the timeframes provided for in Regulation 74, it takes approximately 120 days to process and finalise internal appeals in the prescribed manner. The attainment of this period is dependent on the number of appeals received during a given period as well as the complexity of such appeals and capacity constraints. The 2010 Constitutional Court judgment in Bengwenyama held that internal remedies must be exhausted before judicial review proceedings may be instituted. This led to the lodgement of significantly more appeals than before as more applicants were required to exercise internal remedies.

Question 2(b)

Action Plans:

• There is continuous liaison with internal and external parties involved to expedite conclusion of the Regulation 74 process which appears to be yielding positive results.
• From time to time, the Office of the State Attorney is requested to assist with the finalisation of certain appeals.

• While implementing the above measures, historic appeals are prioritised.

• Draft regulations to significantly streamline the appeal process has already been formulated and is to be promulgated soon.

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-.. . .... ....... . .. ./. .. ......... ..... ./2016

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:

With reference to the Norkem Park Police Station, the call up instruction for the detective course is awaited from the Gauteng Provincial Human Resource Development and identified members will be prioritised.

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:

Yes, by increasing crime prevention operations and enhancing proper investigation of dockets by investigation officers. The drug conviction rate has improved for this financial year, due to the high density crime prevention operations and proper investigation of dockets.

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.

Reply:

The recommended personnel strength for the Sebenza Police Station Detective Service according to the Fixed Establishment is 17. The actual personnel strength of the Detective Service is 19. The Sebenza Police Station Detective Service is over capacitated.

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:

Yes. A meeting was held with the Department of Justice and a possible solution is that members should be briefed during parades on the correct search and arrest procedures. The Forensic Science Laboratory is working on backlogs to improve the turnaround time. Arrangements will be made with members specialising in drug identification to workshop other members at police stations in recognising habit forming substances.

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 Norkem Park Police Station:

Current detective personnel strength: 35

Current detective vehicle strength: 16

Ideal number of vehicles for 35 detectives: 18

Current shortage of vehicles: -2

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

Reply:

(a) Performance bonuses were paid for the last time in the South African Police Service during the 2009/2010 financial year in respect of the 2008/2009 evaluation period. Safety and Security Sectoral Bargaining Council (SSSBC) Agreement 2 of 2011 discontinued the payment of performance bonuses. The following number of senior management service members received performance bonuses in the financial years:

1. 2009/10 financial year: 137 members.
2. 2010/11 financial year: No member.
3. 2011/12 financial year: No member.
4. 2012/13 financial year: No member.
5. 2013/14 financial year: No member.
6. 2014/15 financial year: No member.
7. 2015/16 financial year: No member.

(b) The total amount paid in performance bonuses in the specified financial years was:

1. 2009/10 financial year: R4 775 000,00
2. 2010/11 financial year: Nil.
3. 2011/12 financial year: Nil.
4. 2012/13 financial year: Nil.
5. 2013/14 financial year: Nil.
6. 2014/15 financial year: Nil.
7. 2015/16 financial year: Nil.

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 Station Efficiency Index System that is used to manage all physical resources, reflected as follows for the Bedfordview Police Station:

Current detective personnel strength: 31

Current detective vehicle strength: 17

Ideal number of vehicles for 31 detectives: 16

There is currently no shortage of vehicles at the Bedfordview Police Station Detective Service.

Reply:

With reference to the Tembisa Police Station, the call up instruction for the detective course is awaited from Gauteng Provincial Human Resource Development and identified members will be prioritised.

Reply:

Yes. Reports on cases referred for diversion on the South African National Institute for Crime Prevention and the Reintegration of Offenders (NICRO) are long outstanding. Arrangements have been made with the Senior Public Prosecutor to communicate with the Department of Social Development to speed up the long outstanding diversion programme reports.

Reply:

The statement issued by the Minister of Mineral Resources, Mr Mosebenzi Zwane on 1 September 2016, on the work of the task team established to consider the implications of the decisions of certain banks and audit firms to close down the accounts and withdraw audit services from the company named Oakbay Investments, was issued in his personal capacity and not on behalf of the task team or Cabinet.

I reassured the public, the banking sector as well as domestic and international investors of Government’s unwavering commitment to the letter and spirit of the country’s Constitution as well as in the sound fiscal and economic fundamentals that underpin our economy.

I also informed parliament on 13 September that I was engaging Minister Zwane regarding his statement.

Reply:

This refers to the above request as follows:

1. (a) Details of tenders issued/awarded in the past three financial years and (b) value of each specified tender.

Table 1 below illustrate details and values of tenders issued and awarded in the 2015/2016 financial year:

Table 1 below illustrate details and values of tenders issued and awarded in the 2015/2016 financial year:

Table 2 below illustrate details and values of tenders issued and awarded in the 2014/2015 financial year:

Table 3 below illustrate details of tenders issued and awarded in the 2013/2014 financial year.

2) 

• No tender was awarded in the past three financial year without following proper tender processes. The ATNS SCM Policy provides suppliers with the opportunity to compete for business in an open and transparent manner within the confines of the law.

       (a) No value of contract awarded without following proper tender process

       (b) No supplier was awarded a tender without following proper tender processes.

      (c) All contract followed the proper tender processes

Reply:

a) Yes, SANRAL adheres to the applicable legislative prescripts including that of the PPPFA. However, the honourable member may recall an instance reported in the Annual Report under the Auditor General’s report that in the opinion of the AG it was not. This was reported and discussed in the Portfolio Committee in October 2015. The honourable member may recall that the difference of opinion related to the interpretation of the phrase “lowest acceptable price”. We make use of this opportunity to once again clarify the matter. It is brought to the attention of the honourable member that neither the PPPFA nor its Regulations define the phrase “lowest acceptable price”. The Regulations define the terms “comparative price, “firm price” and “non-firm price”.

The PPPFA Act (No. 5 of 2000) requires SANRAL to award contracts to the tenderer with the “lowest acceptable tender”. It has been SANRAL’s experience that when awarding a tender at the lowest price (at face value), where the objective is to promote the development of SMMEs, they either underprice with unviable tenders to get the job or the main contractors exploit the sub-contractors by pushing for unrealistic pricing. Moreover, this opens up opportunities for collusive practices.

SANRAL therefore developed and introduced a statistical method to establish the lowest acceptable price for each RRM contract. The tenderer with the price closest to this computed price was considered for award after giving due merit to other evaluation criteria such as preference points, including the price offered. Upon establishing the “price”, all tenders were further evaluated in accordance with the applicable regulations. Thus maintaining the requirements of the PPPFA. This discouraged collusion among contractors and ensured the sustainability of SMMEs. This method was in use for over 11 years – the AG was aware of the rationale and method of award and there were no findings from the AG and/or complaints from the contractors.

In 2013, for the first time, the AG raised the finding that the statistical methodology was not compliant with the requirements of the PPPFA Act. This is notwithstanding that the AG could not show in terms of which clause of the Act the statistical method was non-compliant. The AG also noted that that the method was used to protect SMMEs and recommended that SANRAL apply for an exemption from this applicable section of the PPPFA from the Minister of Finance which SANRAL did.

SANRAL applied for an exemption in terms of section 3(c) of the PPPFA. The rationale for the request was explained. The exemption was not granted. SANRAL requested for a condonation of the irregular expenditure subsequently, which was also not granted. Consequently, the AG’s report has included a note on irregular expenditure in this regard and will be noted till 2016.

Of importance is for the honourable member to note that:

• SANRAL has stopped awarding contracts on this basis, and has reverted to awarding contracts to the lowest price at face value, after due consideration of all other evaluation criteria; and

• the above has been explained to the Minister of Transport and to the Portfolio Committee on Transport as recent as October 2015 and other stakeholders who queried this.

• The honourable member is referred to the Annual Reports: Report of the auditor-general to Parliament on SANRAL.

(b) Yes, we have. (i) & (ii) Please see above.

 

Reply:

(1)(a) PRASA operates within the legislated regulatory framework, all contracts for goods, services and works are acquired through proper Supply Chain Management processes. Procurement requirements are defined in the Procurement Plan with estimates costs for the provision of the required goods, services or works. This is in order to determine and stipulate the appropriate preference point system to be utilized in the evaluation and adjudication of the bids and to ensure that the prices paid are market related. Based on the procurement requirements, the relevant preference point system (80/20 or 90/10) to be utilized for the evaluation of the bid are specified in the bid documents

Contracts are acquired in any of the following competitive bid methods: Term contracts, Panel of service providers, and Public Private Partnership; whichever way procurement process is used, all acquisitions serve through conventional Bid Committees. In the preparation of the bid documents for an invitation it is determine if the required goods, service or works has been designated for local production and content in terms of Regulation 9 of the Preferential Procurement Regulations. This will entail the inclusion of a specific condition in the bid documents that only locally produced services, works or goods or locally manufactured goods with a stipulated minimum threshold for local production and content will be considered, subsequently it will have a direct impact on the evaluation of the bid.

All bids specifications are approved before issued to bidders. Bids received are evaluated as per the preference point system outlined in the approved specification. Depending on the functional criteria the weight and points are calculated using a prescribed formula system and ensure that evaluations of bids are fair and transparent. When we invite bids that will also be evaluated on the basis of functionality as a criterion, the following aspects in the bid documents are mandatory:

• Evaluation criteria for measuring functionality;
• Weight of each criterion;
• Applicable value; and
• Minimum qualifying score for functionality.

Once bids have been evaluated using the aforementioned criterion a contract is awarded to the bidder with the highest points as per the prescribed Preferential Procurement Policy Framework Act, Act 5 of 2000, and

(b) section 51 of the Public Finance Management Act, Act 1 of 1999 using basic Supply Chain Management principles.

(i) Number of Contracts awarded 01 April 2015 – 31 March 2016

Entity	BBBEE Level
	0	1	2	3	4	5	6	7	8	Total
Autopax-CPT	2	17	7	20	10	4	2	2	1	65
Autopax-HO	5	19	19	29	10		4			86
Autopax-JHB	5	15	13	32	16	4	5		2	92
Autopax-Pta	5	19	16	38	16	4	2	1	2	103
Intersite-HO	1	6	10	12	4	2	1			36
MetroRail-E-Cape	6	18	15	38	28	5	2	1	1	114
MetroRail-Gauteng	27	44	34	126	50	13	3	3	3	303
MetroRail-HO	1	13	13	45	11	5	1	2	1	92
MetroRail-KZN	5	40	34	64	43	11	14	3	3	217
MetroRail-W-Cape	5	48	47	62	43	5	3	1	1	215
Prasa Cres-Gauteng	9	37	14	99	37	1	1		1	199
Prasa Cres-Head Office	11	45	28	119	36	5	1	1	1	247
Prasa Cres-KZN	8	39	13	43	27	1		1	1	133
Prasa Cres-W.Cape	7	22	12	67	22	1			2	133
PRASA TECH HO	1	16	21	41	9	6	4	1	1	100
PRASA-HO	17	27	35	61	32	4	8	2	1	187
ShosMeyl-CPT	0	14	8	16	13	3	4	1	2	61
ShosMeyl-GP-South	5	24	6	47	11	6	1		2	102
ShosMeyl-HO	5	21	8	51	12	3	2		1	103
Total	125	484	353	1010	430	83	58	19	26	2589

(ii) Rand Value Contracts Awarded 01 April 2015 – 31 March 2016

Entity	Rand Value
	Total
Autopax-CPT	R 69 473 933.06
Autopax-HO	R 79 622 337.06
Autopax-JHB	R 170 091 612.00
Autopax-Pta	R 151 475 615.81
Intersite-HO	R 9 030 512.79
MetroRail-E-Cape	R 137 991 514.15
MetroRail-Gauteng	R 825 748 045.45
MetroRail-HO	R 630 731 669.79
MetroRail-KZN	R 319 624 039.75
MetroRail-W-Cape	R 357 997 773.69
Prasa Cres-Gauteng	R 264 009 908.79
Prasa Cres-Head Office	R 1 125 500 625.63
Prasa Cres-KZN	R 267 700 985.70
Prasa Cres-W.Cape	R 190 407 810.48
PRASA TECH HO	R 1 892 628 020.65
PRASA-HO	R 1 790 159 755.47
ShosMeyl-CPT	R 22 774 876.13
ShosMeyl-GP-South	R 97 763 179.60
ShosMeyl-HO	R 1 038 915 431.48
Total Spending	R 9 441 647 647.48

Reply:

I received an objection to the signing of the bill from the Progressive Professionals Forum. When I get petitioned not to sign a bill, I have to consider the merits of such objection focusing mainly on whether the interested parties raise valid constitutional issues.

It is not the first time that I have taken time to consider a bill for similar reasons. Currently, I have not signed the Expropriation Bill, the Private Security Industry Regulation Amendment Bill and the Protection of State Information Bill, because various parties petitioned me not to do so, citing concerns about their constitutionality. All these concerns are being looked into.