Questions and Replies

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 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 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:

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:

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

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.

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:

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:

The South African Police Service, through the Division: Detective Service, has implemented the resolution regarding the specific and separate reporting of main sexual crime statistics as contained in the report of the United National Human Rights Committee (CCPR/C/ZAF/1).

The statistics on sexual crimes are currently recorded on the CAS/ICDMS. The Division Detective Services also reports on this crime in its quarterly performance reporting mechanism.

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)(i)(ii)(iii) Department of Public Service and Administration (DPSA) is mandated by the Medium Term Strategic Framework and Outcome 12 to develop an Operations Management Framework (OMF) and to provide institutional support on the implementation thereof to selected national and provincial Government departments on an annual basis.

In pursuance of that mandate, the Chief Directorate: Operations Management of the DPSA developed an Operations Management Framework with supporting toolkits which includes amongst others includes Business Process Management and Standard Operating Procedures.

In the 2015-16 financial year, DPSA focused on the National Department of Labour, the Social Development Sector and the Transport Sector. Business Process Maps and Standard Operating Procedures were developed for these Departments as follows:

Labour:

No.	Branch	Core Service
1	Inspection and Enforcement Service (IES)	Conduct Review Inspection on Employment Inspection in terms of Labour Legislation - Basic Conditions of Employment Act Inspection in terms of the Occupational Health and Safety Act
2	Public Employment Services (PES)	Recruitment and Placement Services Walk in Registration of Work Seekers at a Labour Centre Online Registration of Work Seekers via ESSA International Cross Boarder Labour Migration Management
3	Labour Practice and International Relations (LPIR)	Registration of Labour organisations Processing of Collective Agreements
4.	Unemployment Insurance Fund (UIF)	Online application for unemployment/ordinary claim by claimant
5.	Compensation Fund (CF)	Assessment: Tariffs Section 85: Reduction and Loading Assessment Rate Assessment: Tariffs Section: Sub Class investigations Raising Assessment (Manual Submission) Registration of Employer Revision of Assessment

Social Development:

• Registration of Non-Profit Organisations
• Funding of Non-Profit Organisations
• Placement of children in need of care and protection in foster care

Transport:

• Issuing of contracts to service providers for the transportation of eligible learners to and from school
• Issuing of public transport operating licenses
• Issuing drivers licenses

The DPSA provided institutional support and/or advice to other departments on the Operations Management value chain. A list of departments is provided hereunder:

No.	Name of the Government Department/ Component/ Institution
1	Gauteng Department of Health
2	National Department of Health
3	Batho Pele Forum
4	Free State — Office of the Premier
5	Mineral Resources
6	Military Veterans
7	Department of Corporative Governance
8	KZN — Arts and Culture
9	National School of Government
10	Department of Justice and Constitutional Development
11	Eastern Cape — Safety and Security
12	Department of Telecommunications and Postal Services
13	KZN —Education
14	Correctional Services Inspector Judge
15	Northern Cape — Office of the Premier
16	Batho Pele Standards Steering Committee
17	Department of Trade and Industry
18	KZN — Office of the Premier
19	Human Settlements
20	Parliamentary Budget Office
21	Agriculture and Rural Development
22	Ministry: Public Service and Administration
23	National Consumer Commission
24	Independent Police Investigative Directorate
25	Agriculture — Mpumalanga
26	Gauteng Office of the Premier
27	Northern Cape Provincial Treasury

(b) (i) (ii) (iii)

(i) The Strategy on the Provision of targeted support to Departments was developed by the DPSA to coordinate targeted support to government departments in line with the mandate of the MPSA outlined in section 3 (6) of the Public Service Act, 1994 as amended by the Public Service Amendment Act 30 of 2007.

The Strategy on the Provision of targeted support to Departments is delivered in phases and the Initiation phase of the strategy looks at three key areas:

• Cabinet initiated Intervention or Support
• Pro-active requests from Departments for support and
• DPSA initiated support (MPAT, SD sites)

The targeted support on year one focused on Pro Active requests from departments for support and the requests received were on Organisational Design support. Received requests on Organisational Design from 43 sectors, 25 were finalised and 11 in progress, attached at Annexure B. The Strategy on the Provision of targeted support to Departments has been approved for implementation.

(ii) With regard to poor performing departments, a presentation was made to the North West province on their performance against outcome 12 and it was agreed that the Province will be assisted in the new financial year on their Service Delivery Improvement Plans (SDIPs), and together with National Treasury assist the Province in unblocking the challenge of 30 day payment to suppliers.

(iii) Extensive consultations were held within DPSA and with National and Provincial departments. The draft strategy was finally presented at the Governance and Administration cluster on 01 October 2015 for endorsement and support.

Reply:

(a)(i)(ii) No. The Department does not have a mandate to run development programmes.

(b) Entities namely (1) National School of Government and (2) Centre for Public Service Innovation

(1) National School of Government

The National School of Government does not run development programme for (i) small business and (ii) co-operatives as it does not fall within the mandate of the National School of Government.

(aa)(bb)(cc) Falls away

(2) Centre for Public Service Innovation

The Centre for Public Service Innovation is not running dedicated development programme for (i) small businesses and (ii) co-operatives. However, in terms of its MoA with The Innovation Hub (one of the entities within the National System of Innovation tasked with developing SMMEs), the Centre for Public Service Innovation, annually post a public service challenge to small businesses and co-operatives on their Open IX Exchange.

Small business and co-operatives are invited to submit proposals for developing solutions. The Centre for Public Service Innovation then funds the piloting of the selected solution to a maximum value of: (bb) R250 000, (cc) the number of jobs to be created for 2016/17 has not been quantified yet, since pilot project will only be initiated later in the year.

Reply:

(i) Department of Public Service and Administration (DPSA)

    (a) In the 2015-16 financial year, DPSA spent an amount of R 2 792 971.76 for advertising.

     (b) An amount of R1 666 000.00 has been budgeted for advertising for the financial year 2016-17

(ii) Entities namely: (1) National School of Government and (2) Centre for Public Service Innovation

National School of Government (NSG)

   (a) In the 2015 -16 financial year, The NSG spent R 977, 249 on advertising

   (b) An amount of R1, 121,041 has been budgeted for advertising for the 2016-17 financial year

Centre for Public Service Innovation (CPSI)

  (a) In the 2015/16 financial year, The Centre for Public Service Innovation spent R1.053 million of advertising

  (b) An amount R676 000 has been budgeted for advertising in the 2016-17 financial year.

Reply:

In terms of section 91(2) read with section 91(3)(b) of the Constitution of the Republic of South Africa, 1996, the President appoints the Deputy President and Ministers and assigs them powers and functions. The appointments are made under a President's Act, see for example President's Act No. 135 signed on 26 May 2014 after the 2014 general elections.

Following the appointment of the national Executive by the President (President’s Act) various administrative and legal steps are taken to give effect to the new Executive portfolios. The Presidency with the support of the Department of Public Service and Administration and the National Treasury, lead the National Macro Organisation of the State (NMOS) in 2014. The NMOS process gives effect to the Presidential proclamations regarding the establishment of new or amended Executive portfolios, the renaming and establishment of new departments, and the transfer of legislation between Ministers in terms of the Constitution.

The NMOS process does consider efficiencies in terms of the size of Ministerial portfolios and locate, as far as possible, more than one department or government component under a Ministry without the need to create a Ministry for every department. Examples of multiple departments within Ministerial Portfolios are:

(a) Communications - Department of Communications and the Government Communication and Information System.

(b) Cooperative Governance and Traditional Affairs - Department of Cooperative Governance, the Department of Traditional Affairs, and the Municipal Infrastructure Support Agent.

(c) Defence and Military Veterans - Department of Defence and the Department of Military Veterans.

(d) Public Service and Administration - Department of Public Service and Administration, the National School of Government, the Office of the Public Service Commission and the Centre of Public Service Innovation.

(e) Justice and Correctional Services - Department of Justice and Constitutional Development, the Department of Correctional Services and the Office of the Chief Justice.

(f) Minister in the Presidency: Planning Monitoring and Evaluation - Department of Planning, Monitoring and Evaluation and Statistics South Africa

Departments are linked to Ministers' portfolios to administer the legislation and policies in that portfolio. The decision to establish national departments is an executive decision by the President. In terms of section 7(5)(a) of the Public Service Act, 1994, the President by proclamation may on the advice of the Minister for the Public Service and Administration amend Schedule 1 so as to establish or abolish any national department, designate such department and the head thereof or amend such designation.

The Department of Public Service and Administration has not conducted a study to advise the President on reducing the size of national government.

Reply:

Yes the Department through Regional Bulk receive conditional grant allocated in terms of Division of Revenue Act, 2016 (Act No. 3 of 2016) (DoRA).

Sedibeng Regional Sewerage Scheme is allocated funding as follows:

(a) 2016/17 - R50 000 000.00

(b) 2017/18 – R64 200 000.00

(c) 2018/19 – R100 000 000.00

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Reply:

(a)(i) The settlement Ramona (located in Galeshewe) is occupied by approximately 200 households however it is an informal settlement using the bucket system for sanitation.

(a)(ii) The Santa Centre is a formalized township with some 143 even from the approved general plan however some buckets in 210 households occupying the area or land are using bucket system for sanitation. Municipality will once land is identified, relocate the balance of the settlement and allocate stands accordingly.

(a)(iii) The Lerato Park (is a formalised township in terms of an approved Surveyor General Diagram) area is the subject of a new housing development with approximately 1400 housing units. Lerato Park can be classified as in-situ upgrading and relocating families to the new housing units. A total of 1200 households occupying the area are using the bucket system. Currently, the growth of the settlement exceeds the number of housing units to be constructed and alternative land must be identified by the municipality for the households that cannot benefit from the current housing development.

(b) and (c) Providing sanitation in informal settlements and the upgrading or relocation of settlements into a new human settlements in the main is the responsibility of the Provincial Department of Human Settlements and Local Government (Municipalities).

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Reply:

No, my department has not launch forensic investigation into the expenditure of the Kimberly Theatre.

Reply:

1. (A) PAN SOUTH AFRICAN LANGUAGES BOARD ( PANSALB)

  (i) 2013/14 financial year

The Department requested the National Treasury to conduct an investigation into the allegations of financial mismanagement for the period 15 June 2012 until 30 September 2014. The investigation was finalised on 31 July 2015. The investigation scope focussed on the overall governance of PanSALB and the Supply Chain Management processes; and covered only transactions that related to the period of Mr Zwane’s acting as Caretaker Chief Executive Officer of PanSALB.

  (ii) 2014/15 financial year

The investigation conducted by the National Treasury covered two quarters of the 2014/15 financial year until 30 September 2014. The remainder of the period is not covered as the Board of PanSALB was appointed in June 2014 to deal with challenges at the Pan South African Language Board

  (iii) 2015/16 financial year.

No steps have been taken. The Audit report for the 2015/16 financial year has just been completed and its findings will be dealt with during the current financial year.

2. No disciplinary measures have been taken against any official of the Pan South African Language Board. The investigation report did not recommend disciplinary measures against any official of the Pan South African Language Board. The report recommended that an in-depth investigation be conducted to establish the validity of the appointments, validity of payments made to the service providers and verification of value for money to the institution, during the period under review. The report further recommended that PanSALB should refer the possible contravention of sections 38, 39 and 40 read with section 86 of the Public Finance Management Act by Mr Zwane (former Caretaker CEO), in relation to the appointment of service provider, for criminal investigation by the South African Police Service (SAPS).

1 (b) PERFORMING ARTS CENTRE OF THE FREE STATE ( PACOFS)

   i) 2013/14

No steps were taken

   II) 2014/15

No steps were taken

   iii) 2015/16

The Department of Arts and Culture conducted an Adhoc Audit investigation based on the Audit findings of 2013/14 and 2014/15. These findings were on the Capital Expenditure Project Allocation at the Performing Arts Centre of the Free State (PACOFS). The investigation started in February 2016 which was extended to cover the financial years from April 2009/10 to 31 March 2014/15. The Audit was completed in May 2015/16 and its recommendations were that a forensic investigation needs to be conducted. The National Treasury Forensic Investigation Unit is currently undergoing the investigation which will cover through the years 2013/14 to 2015/16 including the Audit findings of 2015/16.

2. Consequent to the results and recommendations of the Internal Adhoc Audit investigation conducted by the DAC, the Council of the PACOFS took an action to suspend the CEO of PACOFS and Disciplinary Hearings are underway.

Reply:

No official of my department has faced disciplinary processes. The funds were transferred to Windybrow to undertake the capital works projects. During the implementation of the projects, the department uncovered that funds were misused and that a forensic investigation was instituted. Subsequent to that the CFO and CEO were charged and subsequently fired.

Reply:

(1) (a) and (b)

I am not informed about the company Chemtrail per se but I am provided with an insight that:

• Passenger and military jetliner manufacturers, jet fuel companies and the Aviation Industry uses geo-engineering techniques to seed metallic particles to the fuel of the jet airliners. In the process, aluminium (mainly aluminium oxide) is used along with barium and strontium. These chemicals when used in a spray form a Chemtrail (chemtrail are trails of condensation that can be seen in the sky when a jet airplane is travelling at above 30,000 feet altitude);
• Environmental concerns or damage on groundwater and soil are not fully known and the Department is researching the matter.
• There is no evidence of carcinogenic effect of these chemicals. The Department will engage with the Department of Health on this matter in view of the increase in global air transportation.

(2)

• No. We have not initiated investigations with the Aviation Industry nor with any other relevant Departments such as Defence, Transport and Energy;
• The reason for not initiating any investigation is that studies have not shown evidence of environmental concerns. It was concluded that the use of heavy metals injected into the stratosphere by exhausts of jets might scatter negligible amounts of sunlight and seemingly poses no significant environment problems. There have been no radioactive and ozone destroying properties in the stratosphere to warrant environmental interventions.

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Reply:

1. (a) All objections received during the public participation process for the application for Environmental Authorisation (EA) were considered by the Chief Director: Integrated Environmental Authorisations of the Department prior to the issuing of the EA on 26 August 2015.

(b) Following the issuing of the aforementioned EA, 5 appeals were lodged, all of which were considered by me, the Minister of Environmental Affairs, as per the Appeal Decision of
15 April 2016.

2. (a-b) The record of information considered by me in the appeal process consisted of the following:

• Material information contained in the EIA project file (14/12/16/3/3/1/1/1280);
• the first appellant’s grounds of appeal, and annexures thereto, dated
  30 September 2015;
• the second appellants grounds of appeal, dated 15 October 2015;
• the third appellants grounds of appeal, dated 16 October 2015;
• the fourth appellants grounds of appeal, dated 26 February 2016;
• the fifth appellants grounds of appeal, dated 16 October 2015;
• the applicants response to the appellants’ grounds of appeal, dated
  14 November 2015;
• the site visit conducted by the Department of Environmental Affairs officials (DEA) with the applicant on 09 November 2015;
• the site visit and meeting conducted by DEA officials with the second appellant on
  10 November 2015;
• the follow-up meeting by DEA officials held with the appellants on 13 January 2016;
• the additional documents provided by the appellants at the meeting with DEA officials on 13 January 2016;
• the meeting by DEA officials held with Leopard Creek, on 08 February 2016;
• the meeting by DEA officials held with the South African National Parks management, on 09 February 2016; and
• the comments received from the Chief Directorate: IEA of the Department.

Access to any of the aforementioned documents will be allowed upon request.

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Reply:

The Minister of Public Works

1. (a) (i) and (ii) and (b) The property in question is not being put out to tender. The National Department of Public Works (NDPW) received an application from Willow Academy on 20 July 2016, with two options for the Department to consider. The options were either to purchase Erven 182 & 183 Fairview at a fair price or to enter into a long term lease agreement between the NDPW and Willow Academy.

The Department is in the process of considering the application and as an interim measure a six (6) month caretaker’s agreement was entered into with Willow Academy with effect from 01 August 2016 until 31 January 2017.

2. The NDPW is considering the application by the Academy and following the necessary investigations and options analysis will engage with the school within the ambit of Government policy and legislation and a decision will be based on the consideration of the facts at hand.

________________________________________________________________________

Reply:

I am advised by the PIC that replies to these questions may contain confidential information pertaining to third parties and that the PIC may be in breach of its confidentiality obligations if such information is made public. The PIC has obtained legal advise on their disclosure obligations and the conclusion was that the PIC is not obliged to disclose confidential information with regards to its clients and assets under management to any third parties. However, the PIC Management and Board have carefully considered the legal opinion and it was resolved that the PIC will take into account the legal opinion but that it will also take an approach to disclose certain details regarding its unlisted investment portfolio without breaching its confidentiality obligations to clients. There are certain processes that need to be followed before these details can be disclosed. These processes are currently being undertaken. I will therefore table replies to these questions once the PIC has obtained the necessary approvals, in order to ensure that you receive relevant information without the PIC being in breach of any legislation, agreements or its mandate.

Reply:

1. The former Chief Executive Official (CEO) of Government Printing Works expressed his desire to go back to the medical profession.

2. Yes. The Acting CEO has vast experience in public service, serving in different capacities at all spheres of government.

3. No. The Acting CEO was transferred to Government Printing Works as General Manager: Special Projects for a period of 12 months and was later appointed acting CEO of Government Printing Works upon departure of the former CEO.

Reply:

The Department of Agriculture, Forestry and Fisheries (DAFF) is monitoring the impact and effect of the recent drought throughout the country. The Department is a lead institution for the National Agro-meteorological Committee (NAC) which provides monthly advisory and early warning information on the rainfall season and impact on agricultural production for the whole country.

The drought is causing higher food prices in South Africa. Food inflation rose to 11% in April 2016. The Department continues to monitor retail food prices and likely impact on the poorest people through the National Agricultural Marketing Council (NAMC). The cost of the basic food basket expressed as a share of the average monthly income of the poorest 30% of the population (mostly residing in War on Poverty sites) increased from 48.3% in April 2015 to 56.2% in April 2016.

The department is also a lead institution for the South African Vulnerability Assessment Committee (SAVAC), which conducts vulnerability and food and nutrition security assessments. The 2016 assessment is underway and is focusing mainly on the impact of the drought on livelihoods. The severity and magnitude of the impact of the drought on agricultural and non-agricultural livelihoods will have to be understood for better targeting of programmes and quantifying the support required.

DAFF is a lead institution for a Multi-sectoral Food Security Drought Response Team that includes line function departments that are implementing different programmes aimed at addressing the impact of drought on food and nutrition security.

The Department has reprioritised funds from the Comprehensive Agricultural Support Programme and Ilima/Letsema campaign to provide for immediate responses to the agricultural sector. Provision of animal feed and water resources for affected livestock farmers, especially smallholder and subsistence farmers, has been prioritised. The department has also invested in programmes such as equipping and drilling of boreholes. Furthermore, programmes to combat land degradation (including veld rehabilitation, control of declared alien weeds and invader species and promotion of conservation agriculture) are being implemented.

A Food and Nutrition Security Drought Response Plan has been developed and costed. The plan includes interventions such as social relief measures, households food production support, enhancing access to drought-tolerant seeds, expansion of the National School Nutrition Programme, health and nutrition responses to drought and a water sector response to drought in the affected areas.

Reply:

The documents requested herein are the same documents requested by Earthlife Africa and the Southern African Faith Communities’ Environmental Institute, the Applicants in a review application presently being opposed by the Minister of Energy and the President of the Republic of South Africa. This matter is the subject of ongoing litigation in the Western Cape Division of the High Court and thus sub judice. It is once again placed on record that the Applicants are clearly trying to litigate its case on platforms other than the court. It should also be noted that it cannot be expected of any responsible government to release sensitive Cabinet records and communication between two sovereign states in such a manner. In addition the request is refused as the documents requested are privileged as they relate to correspondence between sovereign States in the international domain and on an international level.

It should be noted that there was no invitation sent to the United Kingdom.

Reply:

(1) The National Department of Home Affairs is aware of the plea by the referred to person, requesting the finalisation of his permanent residence application; reference number PRP1127280, submitted on 06 October 2014.

(2) When the referred to person originally enquired on the status of his permanent residence application he was provided with a reference number, 1605009216. The Department confirms the application has been received and is currently in the process of adjudication.

The person in question applied for permanent residence in terms of section 26(b) of the Immigration Act, 2002 (Act No 13 of 2002), as amended: a spouse of a South African citizen, which is classified as one of the high risk categories which requires additional assessment. The Department ordinarily spends more time on applications in this particular category due to investigations that are undertaken.

 

The Department has taken cognisance that the applicant’s temporary residence visa expires on 09 September 2016.

Reply:

I am advised by the PIC that replies to these questions may contain confidential information pertaining to third parties and that the PIC may be in breach of its confidentiality obligations if such information is made public. The PIC has obtained legal advise on their disclosure obligations and the conclusion was that the PIC is not obliged to disclose confidential information with regards to its clients and assets under management to any third parties. However, the PIC Management and Board have carefully considered the legal opinion and it was resolved that the PIC will take into account the legal opinion but that it will also take an approach to disclose certain details regarding its unlisted investment portfolio without breaching its confidentiality obligations to clients. There are certain processes that need to be followed before these details can be disclosed. These processes are currently being undertaken. I will therefore table replies to these questions once the PIC has obtained the necessary approvals, in order to ensure that you receive relevant information without the PIC being in breach of any legislation, agreements or its mandate.

Reply:

The documents requested herein are the very same documents requested by Earthlife Africa and the Southern African Faith Communities’ Environmental Institute, the Applicants in a review application presently being opposed by the Minister of Energy and the President of the Republic of South Africa. This matter is the subject of ongoing litigation in the Western Cape Division of the High Court and thus subs judice. The Minister of Energy accordingly cannot comment directly on the documents requested. It is placed on record that the Applicants are clearly trying to litigate its case on platforms other than a court. It should be noted that it cannot be expected of any responsible government to release sensitive Cabinet records and communication between two sovereign states in such a manner.

With regards to the other documents the response is as follows:

(a) No. The document requested is privileged as it is a sensitive state document of government and the release thereof could compromise the new build process.

(b) No. The document requested is privileged as it is a sensitive state document of government which relates to an interaction between a sovereign state and an international body or agency on an international level and on the level of international law.

(c) No. The document requested is privileged as it is a sensitive state document of government and the release thereof could compromise the new build process.

(d) No. The document requested is privileged as it is a sensitive state document of government and the release thereof could compromise the new build process.

(e) No. The document requested is privileged as it is a sensitive state document of government and the release thereof could compromise the new build process.

(f) No. The document requested is privileged as it is a sensitive state document of government and the release thereof could compromise the new build process.

(g) The 2004 Bilateral International Agreement with the Russian Federation is in the public domain and may be availed. The requestor will be provided with a copy of this Agreement from the Department of Energy.

(h) The agreement between South Africa and Russia was signed in March 2013 (not May 2013) during the BRICS Summit meeting held in Durban. The agreement is also in the public domain and may be availed. The requestor will be provided with a copy of this Agreement from the Department of Energy.

 

 

Reply:

1. (a)(b)(i) and (ii): The Small-scale Embedded Generation (SSEG) rules will be finalized once the notice of exemption from licensing has been gazetted by the Department of Energy. Gazetting of the exemption notice will happen once the opinion of the Office of the State Law Advisor on the exemption notice is obtained.

2. No, in the absence of an enabling legal and regulatory framework NERSA can neither license nor register SSEGs like Roof Top Photovoltaic. Generator installations up to 100kVA are exempted from being regulated, in terms of Schedule 2 of the Electricity Regulation Act.

3. We are not aware of Eskom’s net-metering programme. Municipalities may have a different regime due to their Constitutional mandate pertaining to electricity reticulation.

4. We are not aware of Eskom’s net-metering programme.

Reply:

The South African Revenue Service has submitted the following information. Please note that the Minister is unable to verify the content.

(a)(i) – (iv) Yes, according to available records SARS reached 13 severance agreements with employees since 2006 to date. The total value of the settlements combined is R19 334 333.91.

The breakdown of these payments per year are as follows:

Fin Year	Nr of Transactions	Sum of R-Value Pay out
2007/08	1	R 3, 150 ,894.81
2008/09	2	R 1, 674, 920.54
2009/10	1	R 435, 134.48
2010/11	3	R 3, 047, 735.00
2013/14	1	R 375, 048.00
2014/15	2	R 1, 681, 798.20
2015/16	3	R 8, 968, 802.88
Grand Total	13	R 19, 334, 333.91

Due to confidentiality provisions of these agreements, as well as protection of personal information governed by the Protection of Personal Information (POPI) Act, SARS is prohibited from disclosing employee specific information regarding the agreements with regards to the names of the individuals concerned, the positions held, the date of separation, reasons for the settlement and the individual amounts involved.

(b) Yes, the amounts were disclosed in the annual financial statements under employee cost in the statement of financial performance.

Reply:

1. (a) Door to door registration campaigns by the Public Awareness team and Mitigation Izimbizo Campaigns.

(b) (i) 2016-17: R892,000 for Public Awareness, R232,000 for Project Management Office

(ii) 2017-18: R908, 000 for Public Awareness and R241,500 for Management Office

(iii) 2018-19: R5,651,660 for Public Awareness and R1,502,340 for Management Office

(c) The budget is in Programme 3: Industry and Capacity Development, under Sub-Programme Broadcasting Digital Migration Awareness

(2)      (a) as at 30 June 2016

            Northern Cape          = 14 591

            Free State               = 6, 502

            Limpopo                  = 2, 956

            Mpumalanga            = 508

            TOTAL                    = 24, 557

It should however be noted that there are many completed forms in the post offices waiting to be captured.

(b) The number of specified households that had a valid TV license was estimated at 12, 128 up 30 June 2016.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

(a) Extensive discussions with all relevant stakeholders including Portfolio Committees, National Treasury and affected broadcasters are being pursued to find a sustainable solution to the shortfall by Sentech. These steps include among others, reallocation of existing funds towards digital migration to cover dual illumination costs and the borrowing capacity of the state.

(b) The dual illumination related costs being sought amount to R509 million over the MTEF period with approximately 90% of these costs being attributable to satellite rental, maintenance and energy.

(c) (i) The funding request was made to the National Government;

(ii) MTEF Dual Illumination breakdown:

Financial Year	Amount (R’000) VAT Included
FY 2017	159 252
FY 2018	169 604
FY 2019	180 628
Total MTEF Request	R509 484
Less Funding Allocated	(R100 000)
Total Funding Outstanding	R409 484

Thus far, the Government has made available R100 million through the Department of Telecommunications and Postal Services (DTPS). Therefore leaving a shortfall of R409 million over the period.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

(a) (i) The Department’s total spending on advertisement was R3.2 million in the 2015-16 financial year

(ii) Entities reporting to the Department spent the following amounts on advertising in the 2015-16 financial year:

SABC = R35 422 million

FPB = R332,684.00

ICASA = R5,339,278.00

Brand SA = R1,082,373.00

MDDA = R175,000.00

(b) (i) The Department’s advertising budget for the current financial year is R602,000.00

(ii) Entities reporting to the Department have budgeted the following amounts for advertising in the 2016-17 financial year:

SABC = R42 008 million

FPB = R1,109,064.00

ICASA = R4,233,655.00

Brand SA = R6 million

MDDA = R80 053.67

                                                                                         

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

1. The National Director of Public Prosecutions has (indeed) received the report prepared by Advocate John Myburgh SC entitled African Bank Limited: Investigation in terms of section 69A of the Banks Act, 94 of 1990.

    (a) The said report was handed by DR Johann de Jager the General Counsel of the South African Reserve Bank.

    (b) The said report was handed to the National Prosecuting Authority on 17 May 2016.

2. The said report has not yet been referred for any further investigation. The report consists of over 833 pages and is currently being perused by the prosecutor who has been assigned to the matter. Any action required will be taken after the perusal of the report has been completed.

Reply:

(a) The tender in question was allocated a budget of R34 million and not R43 million. The tender was never awarded to any “certain company” before its cancellation. Out of five of the companies that had been shortlisted in terms of technical functionality, two of them were far above the allocated budget thereof, one was above, and two were far below the allocated budget, which would have compromised the quality of the final product.

(b) A Regulation 32 Appointment was done, with strict adherence to requirements related thereto in order to expedite the process of delivering a water purification plant quickly to the community of uMsinga Local Municipality that is experiencing serious water shortages in this time of drought. The company that was eventually awarded a tender and appointed is currently doing a good job at the cost which is within the allocated budget of the project.

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Reply:

I was informed by the South African Revenue Service (SARS):

1. (a)(b)(i)(ii)(aa)(bb) That the SARS Advisory Board (SAB) had an occasion to consider, inter alia, the following issues:

• SARS Strategic IT Assessment (Consultants on this issue were Gartner Ltd);
• SARS Operating Model (Consultants on this issue were Bain Consulting); and
• The related issue of Communications & Engagement Stream Overview;
• The alleged SARS Intelligence Unit;
• KPMG Report (forensic investigation into the affairs of SARS);
• The investigative powers of SARS;
• Disciplinary proceedings instituted by SARS and subsequent settlements reached;
• Border Management Agency Bill;
• Internal SARS Security;
• Minutes of the Joint meeting with the Davis Tax Committee.

(c) The Board received a number of verbal reports on relevant matters from the Commissioner of SARS at a number of its meetings.

2. I am informed by SARS that:

     (a) The SARS Advisory Board produced and submitted untitled reports to the previous Minister of Finance and the Commissioner of SARS regarding its activities to date, and included copies of the minutes of the meetings that had been held. The minutes of subsequent meetings were submitted to the previous Minister of Finance and the Commissioner. Various emails were sent directly to the previous Minister of Finance from time to time dealing with other aspects considered by the SAB.

    (b) 30 June 2015

I cannot vouch for any of the above.

Reply:

South African Airways (SAA) has provided the following response:

The sponsorship department which is tasked with managing sponsorships at SAA has not received nor approved any request for sponsorship of tickets for three Members of Parliament to the 2016 Summer Olympics in Rio de Janeiro, Federative Republic of Brazil.

The Minister requests that the Honourable Member provide more precise information on this matter, should this be available.

Reply:

1. The Protection of Personal Information Act, No 4 of 2013 promotes the protection of personal information by public and private bodies. The following provisions were considered in the decision not to commercialise the use of decryption keys in the short to medium term.

• Section 2 – purpose of the act
• Section 4 – lawful processing of personal information
• Section 5 – rights of data subjects
• Section 8 – responsible party to ensure conditions for lawful processing
• Section 9 – lawfulness of processing
• Section 10 – minimality
• Section 11 – consent, justification and objection
• Section 12 – collection directly from data subject
• Section 13 – collection for specific purpose
• Section 16 – quality of information
• Section 19 – security measures on integrity and confidentiality of personal information.
• Section 20 – information processed b operator or persons acting under authority.
• Section 21 – security measures regarding information processed by operator.

2. I am informed that the decryption key is only legally available from the Department of Transport. The Department of

Transport is currently looking into the changing the configuration of the key to ensure that a public

portion of the key can be made available to relevant stakeholders.

Reply:

REFERENCE

Mr K J Mileham (DA) to ask the Minister of Cooperative Governance and Traditional Affairs:

(1) In each (a) metropolitan, (b) local and (c) district municipality, what is the total amount currently owed for rates and service charges by municipal councillors and/or traditional leaders serving on municipal councils which is over 90 days;

(2) in respect of each case, (a) who is the councillor or traditional leader involved, (b) what is the amount owed and (c) has a repayment agreement been reached with the councillor and/or traditional leader; if so, when will the amount be repaid in full;

(3) whether any action has been taken against such councillors and/or traditional leaders in terms of section 13 and 14 of the Code of Conduct for Municipal Councillors; if not, why not; if so, (a) who is the councillor and/or traditional leader involved and (b) what action has been taken;

(4) whether his department will take any action against the (a) municipality, (b) speaker of the municipal council and (c) municipal council in cases where no action has been taken in this regard? NW2852E

RESPONSE

(1), (2) and (3):

On receipt of the question from the Honourable Member, the Department of Cooperative Governance (“the Department”) requested all provincial departments responsible for Local Government to obtain the required information from the municipalities within their area of jurisdiction, and to submit same to the Department.

The total amount currently owed from (a) metropolitan, (b) local and (c) district municipality municipalities for rates and service charges by municipal councillors and/or traditional leaders serving on municipal councils which is over 90 days is R 10 255 152, 78.

In respect of questions 1, 2 and 3, the responses attached as an Annexure were received from provinces and municipalities, respectively.

The report shows that some councilors and traditional leaders have entered into payment agreements with their respective municipalities including radical actions such as accounts being handed over for collection or disconnection of services. However, we have also noted that no actions have been taken against some of the defaulting councilors and traditional leaders.

In summary the following status prevails:

PROVINCE	NO. OF MUNICIPALITIES	NO. OF MUNICIPALITIES SUBMITTED	NO. OF MUNICIPALITIES OUTSTANDING	NO. OF CLLRS. AND OR AND/OR TRADITIONAL LEADERS OWING
KWAZULU-NATAL	61	26	35	28
EASTERN CAPE	45	23	22	35
WESTERN CAPE	30	29	1	32
NORTHERN CAPE	32	13	19	53
NORTH WEST	23	15	8	90
FREE STATE	24	10	14	78
MPUMALANGA	21	18	3	31
GAUTENG	12	12	0	35
LIMPOPO	30	15	15	28
TOTALS	278	161	117	410

The breakdown in terms of debts owed by Councillors and Traditional Leaders, per province, is as follows:

PROVINCE	DEBT OWED FOR RATES AND SERVICE CHARGES BY MUNICIPAL COUNCILLORS AND/OR TRADITIONAL LEADERS
KWAZULU-NATAL	R 199 621, 13
EASTERN CAPE	R 54 551, 13
WESTERN CAPE	R 130 346, 80
NORTHERN CAPE	R 595 552, 00
NORTH WEST	R 7 391 942, 72
FREE STATE	R 673 812, 79
MPUMALANGA	R 913 587, 08
GAUTENG	R 168 358, 87
LIMPOPO	R 127 379, 76
TOTALS	R 10 255 152, 78

4(a), (b) and (c):

It must be noted that in terms of Item 12A of the Code of Conduct for Councillors (“the Code”), a councillor may not be in arrears to the municipality for rates and service charges for a period longer than 3 months.

Item 14 Of the Code provides for breaches of the Code, and requires that a municipal council investigate and make a finding on any alleged breach of the Code, or appoint a special committee to do this.

If the council or a special committee finds that a councillor has breached a provision of the Code, the council may -

    (a) issue a formal warning to the councillor;

    (b) reprimand the councillor;

   (c) request the MEC for local government in the province to suspend the councillor for a period;

   (d) fine the councillor; and

   (e) request the MEC to remove the councillor from office.

If the council does not investigate a breach of the Code, the MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommendation as to the appropriate sanction mentioned above.

Item 15 of the Code provides for the application of the Code, in the same way they apply to councillors, to traditional leaders who participates or has participated in the proceedings of a municipal council in terms of section 81 of the Municipal Structures Act.

However, If a municipal council or a special committee in terms of item 14 (1) finds that a traditional leader has breached a provision of the Code, the council may issue a formal warning to the traditional leader; or request the MEC for local government in the province to suspend or cancel the traditional leader's right to participate in the proceedings of the council.

Additionally, the MEC for local government may appoint a person or a committee to investigate any alleged breach of a provision of this Code and to make a recommendation on whether the right of the traditional leader to participate in the proceedings of the municipal council should be suspended or cancelled.

If the MEC is of the opinion that the traditional leader has breached a provision of this Code, and that such breach warrants a suspension or cancellation of the traditional leader's right to participate in the council's proceedings, the MEC may suspend that right for a period and on conditions determined by the MEC; or cancel that right.

The above provisions in the Code clearly place the responsibility on municipal councils, in consultation with the MEC for local government in the province, to take action against councillors and/or traditional leaders who are in default for paying for rates and service charges.

On 27 July 2016, the Department issued Circular 29 of 2016 to all Heads of Department of Local Government, and to all Municipal Managers. Item 3.2 (ii) of the Circular recommended to municipal managers to fulfil their responsibilities in terms of section 32 of Local Government: Municipal Finance Management Act 56 of 2003 ("MFMA") to ensure that those councillors who owe the municipality money to make arrangements to recover those monies owed by non-returning councillors, if possible and by agreement, from the last salary amounts payable to such councillors.

Reply:

The Deputy Minister has informed me that the matter involving the certain family (name furnished) is under investigation by both the Hawks and the Public Protector and therefore we are not in a position to provide any further details until those investigations have been concluded.

Reply:

1. No.

(1) (a) The offender in question was not segregated for more than 60 days. He was segregated on 12 August 2016 after he stabbed officials at Mangaung Correctional Centre. The offender was in segregation for 7 days which expired on 19 August 2016 and will be reviewed.

(1) (b) No, the offender was never segregated.

2. The first mentioned offender stabbed officials at Mangaung Correctional Centre and the matter is under investigation. Therefore, he does not qualify to be transferred to other centres at this stage. The second offender did apply for a transfer. However, due to his security classification, he does not qualify for a transfer.