Questions and Replies
12 September 2016 - NW1681
Kruger, Mr HC to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether his department recognises the Ndebele amaNzunza as a (a) tribe and/or (b) nation; if not, in each case, why not; if so, what are the relevant details in each case; (2) Whether his department recognises that there is a difference between the Ndebele Manala and amaNzunza cultural groups; if not, why not; if so, what are the relevant details; (3) Why is the Ndebele amaNzunza not recognised as a kingdom by the Government?
Reply:
- Yes, the government recognised the Ndebele amaNzunza as a kingship community (traditional community) and not a nation. The Department acknowledge the people of South Africa as a Nation composed of different communities including amaNzunza. AmaNzunza have their recognised senior traditional leaders who are under their king. AmaNzunza as a community separate from any other community were in existence for over five hundred years and have been recognised as such.
- Yes, the government does recognise that there are differences between amaNzunza and amaNala. The two are not cultural groups but communities, any cultural groups from each will depict the community thus there will be a difference. The Honourable Member is requested to note that each community has its own king and follows their own customs and customary laws and their traditions differ like initiation schools differ in terms of regiments naming and the number of regiments, lobola cattle etc.
- The Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003) does not make provisions for the recognition of kingdoms in the Republic of South Africa. The Act makes provision for the recognition of kingships and kings of which amaNzunza have been recognised as such.
09 September 2016 - NW1661
Mackenzie, Mr C to ask the Minister of Police
(1)Whether the investigation into case CAS 689/10/2015 opened at the Lyttelton Police Station has been finalised; if so, what were the full outcomes of the specified investigation; if not, (2) whether the charges contained in the specified case were dropped; if so, (a) who was tasked with investigating the specified case, (b) who took the decision not to proceed with the prosecution of the specified case and (c) what were the full reasons for not proceeding?
Reply:
The case is still under investigation.
09 September 2016 - NW1727
Robertson, Mr K to ask the Minister of Rural Development and Land Reform
How (a) was the land evaluated in the Kruger National Park land claim deal and (b) did his department arrive at the amount of R84 million that was paid to beneficiaries?
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 |
09 September 2016 - NW1668
Topham , Mr B to ask the Minister of Police
What was the (a) total amount spent and (b) breakdown of such expenditure by his department on its participation in the Commission of Inquiry into Allegations of Fraud, Corruption, Impropriety or Irregularity in the Strategic Defence Procurement Packages to date?
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.
09 September 2016 - NW1728
Robertson, Mr K to ask the Minister of Rural Development and Land Reform
Will he provide a complete beneficiary list of the land claim deals at (a) Giba, (b) Mala Mala and (c) the Kruger National Park including the (i) Mathebula Ngirivhane, (ii) Mhlanganisweni, (iii) Mahashi, (iv) Madonsi or Nwazekuzeku, (v) Ndindani and (vi) Muyexe communities?
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
09 September 2016 - NW1689
Redelinghuys, Mr MH to ask the Minister of Police
With reference to his reply to oral question 95 on 25 May 2016, what steps is his department taking to implement the resolution regarding the specific and separate reporting of sexual crime statistics as contained in the report of the United Nations Human Rights Committee (CCPR/C/ZAF/1) on the obligations and track-record of the SA Police Service under the International Covenant on Civil and Political Rights?
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.
09 September 2016 - NW1693
Baker, Ms TE to ask the Minister of Water and Sanitation
How many mining companies in Mpumalanga were issued with water rights licences (a) in the 2012-13 financial year and (b) since 1 April 2016, in each case indicating the (i) names, (ii) locations, (iii) products being mined at each of the specified companies, (iv) the volume of water approved and (v) source of abstraction of the water?
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 |
---00O00---
09 September 2016 - NW1726
Robertson, Mr K to ask the Minister of Rural Development and Land Reform
With regard to the beneficiary evaluation processes of land claimants, what (a) model or criteria is used and (b) processes are followed to determine the beneficiaries; (2) who were the service providers tasked with verifying the beneficiaries of both Mala Mala and Kruger National Park claims, valued at R84 million; (3) is the R4 million paid out to claimants a final amount or will more payments be made to the various communities?
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.
09 September 2016 - NW1664
Maynier, Mr D to ask the Minister of Finance
(1)Whether, in light of his interview on PowerFM on 26 June 2016, he and/or any other person from the National Treasury has met with representatives of Oakbay Investments (Pty) Ltd; if not, why not; if so, (a) what is the name(s) of the person(s) who represented the specified company, (b) who requested each such meeting, (c) what was the purpose of each meeting and (d)(i) when and (ii) where did each meeting take place; (2) whether each meeting reached any resolution and established a channel for communication with the specified company; if not, why not; if so, what are the relevant details; (3) whether he will make a statement on any such meeting that took place?
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.
08 September 2016 - NW1556
Krumbock, Mr GR to ask the Minister of Public Service and Administration
(a) What amount did (i) his department and (ii) each entity reporting to him spend on advertising in the 2015-16 financial year and (b) how much has (i) his department and (ii) each entity reporting to him budgeted for advertising in the 2016-17 financial 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.
08 September 2016 - NW635
Mente-Nkuna, Ms NV to ask the Minister of Public Service and Administration
Whether, in accordance with section 3(4)(a) and (b) of the Public Service Act, Act 103 of 2007, his department conducted any study in order to advise the President on the possibility of reducing the size of the national Government and thereby reduce the size of Cabinet; if not, why not; if so, (a) which departments can be abolished and (b) what amount can be saved?
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.
08 September 2016 - NW534
Lovemore, Ms AT to ask the Minister of Public Service and Administration
With reference to commitments made during his department’s Budget Vote speech on 13 May 2015, what are the relevant details of the (a)(i) business processes mapped, (ii) standard operating procedures developed and (iii) organisational functionality assessments conducted in response to his department’s commitment to its Operations Management Framework and (b) strategy for providing resultant support to poor performing departments that was drafted for consultation with stakeholders in the Public Service in terms of the (i) strategy for providing support, (ii) poor performing departments referred to in the speech and targeted by the strategy and (iii) consultation that has taken place on the strategy his department committed to?
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) |
|
2 |
Public Employment Services (PES) |
|
3 |
Labour Practice and International Relations (LPIR) |
|
4. |
Unemployment Insurance Fund (UIF) |
|
5. |
Compensation Fund (CF) |
|
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.
08 September 2016 - NW1404
Tarabella - Marchesi, Ms NI to ask the Minister of Public Service and Administration
Whether (a) his department and (b) all entities reporting to him are running development programmes for (i) small businesses and (ii) co-operatives; if not, why not; if so, in each case, (aa) what are the relevant details, (bb) what amount has been budgeted and (cc) how many jobs will be created through the specified development programmes in the 2016-17 financial year?
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.
07 September 2016 - NW1674
Stubbe, Mr DJ to ask the Minister of Water and Sanitation
(a) How many bucket toilets are still being used in the (i) Ramona, (ii) Santa Centre and (iii) Lerato Park informal settlements in Kimberley in the Northern Cape, (b) what measures have been put in place to eradicate the bucket toilets in the specified areas and (c) by what date will her department introduce a proper sanitation system in the specified areas?
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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07 September 2016 - NW1678
Schmidt, Adv H to ask the Minister of Water and Sanitation
Whether funding has been allocated to her department through the Division of Revenue Act, Act 3 of 2016, for the provision of regional bulk infrastructure for the Sedibeng Regional Sewerage Scheme in the Sedibeng District Municipality in Gauteng; if so, what amount has been budgeted for the specified scheme in the (a) 2016-17, (b) 2017-18 and (c) 2018-19 financial years?
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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06 September 2016 - NW1650
Grootboom, Mr GA to ask the MINISTER OF ARTS AND CULTURE
(1). What steps he has taken in respect of high levels of fruitless and wasteful expenditure by (a) pan south african language board (b) performing arts centre of the free state in the i) 2013-2014 ii) 2014-2015 iii) 2015-16 financial years. (2). whether any officials in any of the specified entities have faced disciplinary processes in this regard; if not, why not? if so what are the relevant details in each case.
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.
06 September 2016 - NW1644
Dudley, Ms C to ask the Minister of Environmental Affairs
Whether she has been informed that (a) Chemtrail uses aircraft to spray chemicals, mostly aluminum and borax, from high altitude and in some cases modified fuels carrying other chemicals and (b) these heavy metals are carcinogenic and environmentally damaging, thereby contributing to global warming and having a significant effect on groundwater and soil; (2) has she initiated an investigation with regard to this practice and/or referred the matter to the relevant department or structure to be investigated; if not, why not; if so, what are the relevant details?
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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06 September 2016 - NW1649
Grootboom, Mr GA to ask the Minister of Arts and Culture
Has the forensic investigation into the expenditure on the Kimberley Theatre been completed; if not, why not; if so, what were the findings?
Reply:
No, my department has not launch forensic investigation into the expenditure of the Kimberly Theatre.
06 September 2016 - NW1651
Grootboom, Mr GA to ask the Minister of Arts and Culture
Whether any official of his department has faced disciplinary processes for the missing R54 million that was allocated towards the upgrading of the Windybrow Theatre in Johannesburg; if not, why not; if so, what are the relevant details?
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.
06 September 2016 - NW1696
Hadebe, Mr TZ to ask the Minister of Environmental Affairs
(1)Whether each (a) objection and (b) appeal to the proposed Malelane Safari Lodge in the Kruger National Park in Mpumalanga was considered before her Department granted final approval for the specified development; if not, why not; if so, what are the further relevant details; (2) whether she will make copies of all (a) minutes and (b) accompanying documentation of all deliberations addressing the specified objections and appeals available to Mr T Z Hadebe; if not, why not; if so, by when?
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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06 September 2016 - NW1645
Dudley, Ms C to ask the Minister of Public Works
(1) Is he aware that the lease of a certain property to a certain school (name and details furnished) that currently educates 282 learners and has 36 full-time staff members is about to go to tender despite the fact that the specified school (a) has (i) been running for many years and (ii) invested in the property and (b) desperately wants to continue and expand to meet local needs; (2) whether he will urgently look into this situation so that it can be rectified and the school be allowed to provide the much needed expanded services to the community?
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.
________________________________________________________________________
05 September 2016 - NW1677
Hoosen, Mr MH to ask the Minister of Home Affairs
(1)What are the reasons for the resignation of a certain official (name and details furnished) from the Government Printing Works; (2) whether he appointed a certain official (name and details furnished) to act in the specified position; if so, is the specified person qualified to act in the specified position; (3) does the specified person hold two positions (details furnished) and receive remuneration for both positions; if not, what is the position in this regard; if so, what are the relevant details?
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.
05 September 2016 - NW1701
Mackay, Mr G to ask the Minister of Energy
Whether she will furnish Mr. G Mackay with copies of the (a) proposal for the roll-out of new nuclear power plants as signed off by her, (b) Integrated Nuclear Infrastructure Review by the International Atomic Energy Agency, (c) terms of reference for the National Nuclear Energy Executive Coordinating Committee (NNEECC), (d) communication and stakeholder engagement strategy of the NNEECC, (e) phased decision-making approach of the NNEECC for implementing Government’s nuclear programme, (f) designation of Eskom as the owner and operator of nuclear power plants in South Africa, (g) 2004 Bilateral International Agreement with the Russian Federation and (h) May 2013 agreement signed between South Africa and Russia during the BRICS Summit meeting held in Durban; if not, why not, in each case; if so, in each case, by when?
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.
05 September 2016 - NW1169
Maynier, Mr D to ask the Minister of Finance
(1)What is the (a) company name, (b) financial service provider (FSP) licence number and (c) FSP licence category of each brokerage firm used by the Public Investment Corporation (PIC) in the (i) 2010-11, (ii) 2011-12, (iii) 2012-13, (iv) 2013-14 (v) 2014-15 and (vi) 2015-16 financial years; (2) in respect of each specified brokerage firm used by the PIC, what was (a) the total amount of fees paid and (b) the total deal flow (i) in each specified financial year and (ii) over the five-year period?
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.
05 September 2016 - NW1454
Maynier, Mr D to ask the Minister of Finance
(1)With regard to direct loans made by the Government Employees Pension Fund (GEPF), referred to on page 98 of the GEPF’s 2014-15 Annual Report, in each case (a) what is the recipient companys’ (i) registered name, (ii) registration number and (iii) board members’ names and (b) with regard to the terms of each loan, (i) what was the amount of the specified loan, (ii) what is the interest rate, (iii) when was the specified loan made, (iv) what is the period of the loan and (v) what are the loan covenants;
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.
05 September 2016 - NW1471
Steyn, Ms A to ask the Deputy President
(1)Whether he is monitoring the impact and effects of the recent drought on Government’s War on Poverty Programme; if not, why not; if so, what are the relevant details; (2) whether the specified programme has put any measures in place to ensure that there is no drastic increase in the number of citizens without access to food due to the recent drought; if not, why not; if so, what are the relevant details of the measures that have been put in place in this regard?
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.
05 September 2016 - NW1646
Dudley, Ms C to ask the Minister of Home Affairs
(1)Whether he is aware of a certain person’s (name furnished) urgent plea for assistance with regard to an application for a permanent residence permit (details furnished); if not, what is the position in this regard; if so, (2) has his department launched an investigation into the circumstances regarding the delay of this application; if not, (a) why not, (b) will his department investigate and (c) will the specified person be provided with a speedy outcome to the application; if so, what are the relevant details?
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.
05 September 2016 - NW1702
Mackay, Mr G to ask the Minister of Energy
Whether she will furnish Mr. G Mackay with the (a) copies of the invitation to attend vendor parade workshops sent to (i) the Republic of Korea, (ii) the United States of America, (iii) the Russian Federation, (iv) the French Republic, (v) the People’s Republic of China, (vi) Canada and (vii) the United Kingdom and (b) list of topics each of the specified vendor countries were requested to address relating to the specified invitation; if not, why not, in each case; if so, in each case, by when?
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.
02 September 2016 - NW1580
Maynier, Mr D to ask the Minister of Finance
Whether the SA Revenue Service (Sars) reached any severance agreements with employees in each year since 2006; if not, why not; if so, in each case, (a) what was the (i) date, (ii) full name of the employee, (iii) position held, (iv) settlement amount and (v) reason for the settlement and (b) where were the specified settlement amounts recorded in the annual financial statements of Sars?
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.
02 September 2016 - NW1692
Van Dalen, Mr P to ask the Minister of Energy
When will the regulations contained in the Consultation Paper on Small-scale Embedded Generation: Regulatory Rules, published on 25 February 2015 by the National Energy Regulator of SA (Nersa), be finalised for both (a) low and (b) medium voltage connections by both (i) her department and (ii) Nersa; 2) Whether any plans have been put in place to grant exceptions for private generators of electricity in the interim while the specified regulations are being finalised; if not, why not; if so, what are the relevant details? 3) Whether Nersa requires clients to have generator licenses in order to purchase power from Eskom’s net metering programme; if not, why do municipalities apply a different policy in this regard; if so, what are the reasons; 4) Whether clients of Eskom’s net metering programme require licenses to operate; if so, why is the same process of applying for licenses that is applicable to big independent power producers applicable to the specified clients, since the small generators cannot adhere to the requirements?
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.
01 September 2016 - NW1538
Steenkamp, Ms J to ask the Minister of Communications
(a) What amount did (i) her department and (ii) each entity reporting to her spend on advertising in the 2015-16 financial year and (b) how much has (i) her department and (ii) each entity reporting to her budgeted for advertising in the 2016-17 financial year?
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:
01 September 2016 - NW1605
Shinn, Ms MR to ask the Minister of Communications
(a) What steps are being taken to fund the dual illumination period of the broadcasting digital migration process, (b) how much funding is being sought and (c)(i) from whom and (ii) for what time period is funding being sought?
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:
01 September 2016 - NW1296
Brauteseth, Mr TJ to ask the Minister of Communications
(1)(a) What marketing and viewer education campaigns are in place and/or are being contemplated to promote the uptake of government-funded set-top boxes, (b) what is the National Treasury’s approved cost of the specified programmes for the (i) 2016-17, (ii) 2017-18 and (iii) 2018-19 financial years and (c) from which budgets will the costs be paid in each of the specified years; (2)(a) how many households have applied for government-funded set-top boxes in each province since the inception of the programme and (b) how many of the specified households had valid TV licences on application?
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:
30 August 2016 - NW1684
Selfe, Mr J to ask the Minister of Justice and Correctional Services
(1)Whether certain offenders (names and details furnished) at the Mangaung Correctional Services Facility have been placed in single cells for more than 60 days at a time during their incarceration; if not, what is the position in this regard; if so, (a) why and (b) when will the specified offenders be moved to regular cells; (2) Whether the two specified offenders qualify to be transferred to correctional services facilities in the City of Cape Town and surrounds, which is close to their families who wish to assist in their rehabilitation; if not, in each case, why not; if so, in each case, what processes should be followed?
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.
30 August 2016 - NW1464
Holomisa, Mr BH to ask the Minister of Finance
(1)Whether, in respect of the Gobodo Forensic Investigation into an investment of R75 million in SacOil by the Public Investment Corporation Limited (PIC), the draft report dated 7 August 2015 was ever finalised; if not, why not; if so, what are the final findings and recommendations; (2) whether the recommendations made in the draft report have been acted upon; if not, why not; if so, what are the relevant details; (3) whether disciplinary proceedings were instituted against a certain person (name furnished) as recommended in the draft report; if not, why not; if so, what were the outcomes; (4) whether the possible criminal fraud disclosed by the draft report was reported to the law enforcement agencies; if not, why not; if so, what are the relevant details; (5) whether public monies were recovered from responsible persons as recommended in the draft report; if not, why not; if so, what are the relevant details?
Reply:
I have been informed by the Public Investment Corporation (PIC) that:
These questions are based on a highly confidential report following a request from the PIC to Gobodo to investigate a certain transaction for the purchasing of SacOil shares. The PIC can state that it did act on the recommendations contained therein to the satisfaction of the Board of the PIC.
Further to this, as the matter was referred to the Public Protector of South Africa, the PIC regards it to be sub-judice and therefore they cannot respond to the questions raised, except to state that it will fully cooperate with any investigation the Public Protector may conduct.
30 August 2016 - NW1694
Baker, Ms TE to ask the Minister of Water and Sanitation
(1)Which municipalities are benefiting from the Accelerated Community Infrastructure Programme in Mpumalanga; (2) what is the (a) nature of the interventions being implemented, (b) cost thereof and (c) time frames for each of the specified municipalities?
Reply:
(1) The Municipalities benefiting from the Accelerated Community Infrastructure Programme in Mpumalanga are the following:
- Thaba Chweu Local Municipality;
- Dr Pixley ka Seme Local Municipality; and
- Emakhazeni Local Municipality (with 3 projects).
(2) Refer to the table below for the Nature of projects, cost and timeframe for each of the specified municipalities:
Municipality |
Nature of the Project/Project Name/ |
Cost /Budget allocated for the Financial Year 2016/2017 |
Time frame |
Emakhazeni LM |
Refurbishment of Waterval Boven WWTW and Booster pump stations |
R6 365 000 |
6 Months (March-Nov) |
Emakhazeni LM |
Refurbishment of Belfast WWTW and Booster pump stations |
R8 567 000 |
6 months (March- Nov) |
Emakhazeni LM |
Refurbishment of Machadodrop WWTW |
R2 000 000 |
6 months (March-Nov) |
ThabaChweu LM |
Refurbishment of Lydenburg WWTW |
R7 731 000 |
6 months (March- Nov) |
Dr PixleykaSeme LM |
Refurbishment of Amersfoort WWTW and Booster pump stations |
R3 302 000 |
6 months (March -Nov) |
Total |
R27 965 000 |
---00O00---
30 August 2016 - NW1695
Baker, Ms TE to ask the Minister of Water and Sanitation
Why was the R43 million tender for a regional water purification plant in the Umzinyathi District in KwaZulu-Natal that was initially awarded to a certain company (name furnished) cancelled and subsequently awarded to another company (name furnished) and (b) what criteria were used to award the specified tender to the specified company?
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.
---00O00---
30 August 2016 - NW563
Maynier, Mr D to ask the Minister of Finance
(1)Whether the SA Revenue Services (SARS) Advisory Board has (a) examined and commented on any policy and/or (b) investigated, evaluated and advised on any (i) practice and (ii) decision of the (aa) SARS or (bb) the SARS Commissioner, and/or (c) received a report on any matter from the SARS Commissioner; if not, why not, in each specified case; if so, what are the relevant details in each specified case; (2) whether the SARS Advisory Board has produced any reports in this regard; if not, why not; if so, in respect of each specified report, (a) what is the title of the report and (b) on what date was the report finalised?
Reply:
I was informed by the South African Revenue Service (SARS):
- (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.
30 August 2016 - NW1439
Mazzone, Ms NW to ask the Minister of Finance
(a) Why is the SA Airways (SAA) sponsoring three Members of Parliament with tickets to attend the 2016 Summer Olympics in Rio de Janeiro, Federative Republic of Brazil, when SAA is making billions of rands in losses in each year and (b) how much will the specified tickets cost SAA?
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.
30 August 2016 - NW1642
Alberts, Mr ADW to ask the Minister of Finance
Whether the National Treasury has made provision for contingency plans in the event that South-Africa’s credit rating is lowered to junk status; if not, why not; if so, what are the relevant details of the contingency plans?
Reply:
In the past few months, the growth challenge and transformation agenda have brought government, business and labour leaders together. Since the beginning of the year, as tasked by the President, government, business and labour have been working together intensively to help strengthen short term confidence and reinforce long term growth. The focus has been on three key areas:
- Restoring confidence and boosting investment by local and international investors,
- Taking action to reignite growth
- Unblocking obstacles to faster employment growth in key sectors, and
- Identifying fiscal and regulatory reforms and strengthening state-owned companies.
Investment, employment creation, a sustainable budget deficit, building plans completed, industrial productivity and competitiveness are the measures of the progress, and the indicators that require urgent attention and are being dealt with in the Inter Ministerial Committee (IMC) on Investment chaired by the President. The results of the partnership already include the adoption by government of a clear fiscal consolidation path to avoid the burden of debt that might cripple investment flows and government spending capacity.
Together with business and labour, the government, after the budget in February, embarked on a foreign investor road show to present a united message to the world that South Africa is embarking on necessary economic reforms and is open for business. Recently, the President has tabled a report of the Presidential Review Commission on State Owned Companies (SOCs) that outlines interventions aimed at addressing the issues in the SOCs. While the 2016 Budget has been tabled under the most difficult economic conditions, with low growth and weak revenue performance being the major impediments, the National Treasury’s fiscal policy is sticking to its nominal expenditure ceiling. The Deputy President C Ramaphosa is leading a process of instituting reforms aimed at strengthening governance, business models and financial performance of SOCs. Please refer to the 2016 Budget Review for more details.
30 August 2016 - NW1647
Dudley, Ms C to ask the Minister of Transport
(1)With reference to her reply to question 2549 on 14 July 2015, what provisions of the Protection of Personal Information Act, Act 4 of 2013, did her department rely on when it took the decision not to commercialise the use of decryption keys in the short to medium term; (2) where does one legally obtain a decryption key?
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.
30 August 2016 - NW576
Topham , Mr B to ask the Minister of Cooperative Governance and Traditional Affairs
Whether, with reference to the reply to question 2483 on 28 July 2015; he has received the outstanding information from the provinces; if not, why not; if so, when will this information be made available as requested?
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.
30 August 2016 - NW1700
Maynier, Mr D to ask the Minister of Justice and Correctional Services
Whether the National Director of Public Prosecutions received a copy of the final report prepared by Advocate John Myburgh into the collapse of African Bank, entitled African Bank Limited: Investigation in terms of s69A of the Banks Act, 94 of 1990; if not, why not; if so, (a) what is the name of the person(s) who handed the specified report to him and (b) on what date was the specified report handed to the National Prosecuting Authority; 2) whether the specified report has been referred for further investigation; if not, why not; if so, what are the relevant details?
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.
30 August 2016 - NW1127
Maynier, Mr D to ask the Minister of Finance
(1)Whether the Deputy Minister has ever (a) been present at a meeting and/or (b) conducted any communication with a certain person (name furnished); if so, what are the relevant details of each specified (i) meeting and (ii) communication; if not, (2) has the specified person (name furnished) ever arranged a meeting for the Deputy Minister with members of a certain family (name furnished); if not, what is the position in this regard; if so, in each specified case, what are the relevant details?
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.
29 August 2016 - NW1570
Mokgalapa, Mr S to ask the Minister of International Relations and Cooperation
(a) How many staff members are employed at South Africa’s embassy in the Kingdom of Norway and (b) what is the (i) designation, (ii) salary grade and (iii) name of each the specified staff members?
Reply:
(a) 5
(b)
DESIGNATION |
SALARY GRADE |
NAME |
Ambassador |
13 |
Ambassador QA Zondo |
1st Secretary: Political |
10 |
Ms BSM Mepha |
2nd Secretary: Political |
8 |
Mr ZHM Zondi |
1st Secretary: CS |
10 |
Ms MC Mashishi |
3rd Secretary: CS |
7 |
Ms EM Nkwane |
29 August 2016 - NW1514
Balindlela, Ms ZB to ask the Minister of International Relations and Cooperation
1)Whether her department was approached by any political party for any form of funding (a) in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years and (b) since 1 April 2016; if so, what are the relevant details in each case; 2) Whether her department provided any form of funding to any political party (a) in the (i) 2013-14, (ii) 2014-15 and (iii) 2015-16 financial years and (b) since 1 April 2016; if not, what is the position in this regard; if so, what are the relevant details in each case? (a) What amount did (i) her department and (ii) each entity reporting to her spend on advertising in the 2015-16 financial year and (b) how much has (i) her department and (ii) each entity reporting to her budgeted for advertising in the 2016-17 financial year?
Reply:
1) (a)(i) No, there was no funding request received in 2013-14 from any political party
(ii) No, there was no funding request received in 2014-15 from any political party
(iii) No, there was no funding request received in 2015-16 from any political party
(b) Not applicable
2) (a)(i) No, there was no funding provided to any political part in 2013-14
(ii) No, there was no funding provided to any political part in 2014-15
(iii) No, there was no funding provided to any political part in 2015-16
(b) Not applicable
UNQUOTE.
29 August 2016 - NW613
Dudley, Ms C to ask the MRS C DUDLEY (ACDP) TO ASK THE MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION:
(1) With regard to the imprisonment in Sudan of two Sudanese Christian men (names furnished), detained on the grounds of exercising their religious beliefs, (details furnished), what diplomatic action is her department taking since Sudanese authorities have allegedly (a) attempted to distance themselves from accusations of religious intolerance by placing unsubstantiated espionage charges against the specified persons and (b) failed to meet international fair trial standards; (2) will her department apply any diplomatic pressure on His Excellency Omar Hassan Ahmad al-Bashir with regard to upholding international human rights standards; if not, why not; if so, what are the relevant detail
Reply:
1. The Department of International Relations and Cooperation (DIRCO) has taken note of the arrest of the two individuals for their alleged religious believes. We further noted that one of them has since been released. Considering that, this is an internal matter in a sovereign state; our government therefore is constrained by international conventions on the conduct of diplomatic practice.
2. South Africa like all sovereign states will be cautious not to be seen interfering in internal matters.
UNQUOTE
29 August 2016 - NW1655
Hunsinger, Dr CH to ask the Minister of Transport
(1)What are the normal rates for the renting of the various spaces available for advertising at Cape Town International Airport; (2) what amounts were (a) invoiced to and (b) received by the Airports Company of South Africa from all political parties and/or their agents for each of the first eight months of 2016 in respect of advertising space rented at the specified airport ahead of the 2016 Local Government Elections; (3) do the invoices issued to political parties reflect a discount on the normal rates for advertising at the specified airport; if not, what is the position in this regard; if so, what were the (a) discount rates and (b) reasons for these discounts; (4) whether any agencies acted on behalf of any political parties to advertise in the specified airport in the specified period; if so, which agency or agencies was or were involved in each case?
Reply:
Airports Company South Africa SOC Limited (ACSA)
1. Advertising rates are not generic but rather a function of:
(i) Medium used e.g. Digital vs static vs banners etc.
(ii) Zone or area used e.g. Security check-in before international departures;
(iii) Size of structure;
(iv) Seasonality and demand;
(v) Importantly, the number of passing foot traffic and
(vi) Assessment of the passenger behaviour and Living Standard Measure (“LSM”).
The rates per site range from R15 000,00 per site per month to as much as R150 000,00 per site per month – the factors noted above determine the rental negotiated.
2. (a) Airport advertising sites are concession to the out of home media owners from one month up to 5 years, these entities pay ACSA monthly rentals irrespective of securing an advertiser. The advertising concessionaire in-turn secures advertisers.
(b) Airports Company South Africa is however aware of one political party advertising at the three National Airports (OR Tambo, King Shaka and Cape Town International Airport) for the period June 2016 to end August 2016 through advertising concessionaire called Provantage Pty Ltd (“Provantage”). The amount invoiced by Airports Company South Africa to Provantage for the sites is R346, 619.00 per month excluding VAT.
(3) (a) Invoices were issued by Provantage to the political party’s Advertising Agency i.e. Ogilvy. Provantage confirmed that no discounts were considered. ACSA did not discount the sites to Provantage.
(b) In terms of the response in (a) above; this is not applicable to ACSA.
4. No, ACSA did not act on behalf of any political parties to advertise in the specified airport in the specified period. The appointed Advertising Concessionaire is Provantage Pty Ltd, and the Political Party Advertising Agency is Ogilvy.
29 August 2016 - NW1492
Mokgalapa, Mr S to ask the MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION:
(1) Has (a) she and/or (b) her department been requested to waive the diplomatic immunity of a certain person (name furnished); if so, when was such a request made; (2) has she made a decision in respect of the specified request; if so, (a) when did she make the decision, (b) what was the decision and (c) what are the reasons for the decision; (3) has her department (a) conducted an investigation into and/or (b) initiated any disciplinary proceedings against the specified person for an alleged drunk driving incident that took place in Oslo, the Kingdom of Norway, in January 2016; if not, why not; if so, in each case, what are the (i) relevant details and (ii) outcomes?
Reply:
1. Yes, the Department received the request on 4 January 2016.
2) a) A decision was made on 12 January 2016.
b) The decision was to recall the employee concerned and not to waive his Diplomatic Immunity.
c) The decision was based on the provisions of Articles 29 and 31 the Vienna Convention on Diplomatic Relations of 1961 quoted as follows:
Article 29 of the Convention provides:
“The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity.”
4.1.2 Article 31 states:
“1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of:
(a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission;
(b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;
(c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
3) a) Yes the Department has already conducted an investigation, and the Report of the investigation has recommended that formal disciplinary proceedings be instituted against the employee concerned;
b) The employee concerned has been officially notified that disciplinary proceedings are going to be instituted against him. Disciplinary proceedings against the employee concerned have not yet taken place because the Department is still in the process of drafting and formulating charges and compliance with all other relevant labour law requirements.
24 August 2016 - NW699
Malatsi, Mr MS to ask the Minister of Sport and Recreation
(1)Whether (a) he and/or (b) his Deputy Minister met with (i) the President of the SA Rugby Union (SARU), Mr Oregan Hoskins and/or (ii) his deputy, Mr Mark Alexandra, individually or collectively, to discuss SARU's handling of the allegations of financial misappropriation by its Chief Executive Officer (CEO), Mr Jurie Roux, levelled against him during his tenure with the University of Stellenbosch; if not, why not; if so, what are the (aa) dates, (bb) places and (cc) outcomes of each specified meeting; (2) what total amount was paid to Mr Roux as SARU's CEO with regard to (a) salaries, (b) bonuses and (c) travel allowances (i) in the past five financial years and (ii) since 1 April 2015?
Reply:
(1)
(a) The Minister has met with SARU to discuss SARU's handling of the allegations of financial misappropriation by its Chief Executive Officer (CEO), Mr. Jurie Roux, levelled against him during his tenure with the University of Stellenbosch.
(aa) The meeting took place on Friday 04 March 2016.
(bb) The meeting took place in Rosebank.
(cc) The Minister is satisfied that the Federation has properly exercised its fiduciary responsibility and refers the questioner to the legal opinion provided by Fanie Cilliers, S.C. and Professor Michael Katz. They advised that it would be unfair labour practice to take action against an employee on perceptions of third parties or on the basis of a report of which the facts have not been tested in court. Based on the above advice, the Minister will not be taking any action against Mr. Roux.
(2) SARU has indicated that they are unable to provide a breakdown of amounts (salaries, bonuses and travel allowances) paid to the CEO over the past five financial years. The Financial Statements contained in the published Annual Report for SA Rugby only provide consolidated amounts paid to the Executive members. The CEO of South African Rugby Union like any other employee has labour rights which are protected by law. The right of confidentiality of information between employer and employee is a protected right.