Questions and Replies

Reply:

1. According to data from PERSAL, the number of Public Service employees employed in each provincial Department of Education as at the last day of the (a) 2010-11, (b) 2011-12, (c) 2012-13, (d) 2013-14 and (e) 2014-15 financial years are indicated in the table below. Please note that abnormal and periodical appointments are excluded.
2. According to data from PERSAL, the number of Public Service employees employed in each provincial Department of Health as at the last day of the (a) 2010-11, (b) 2011-12, (c) 2012-13, (d) 2013-14 and (e) 2014-15 financial years are indicated in the table below. Please note that abnormal and periodical appointments are excluded.
3. The Provincial Legislatures do not fall under the purview of the Department of Public Service and Administration and most of the Provincial Legislatures are not utilising PERSAL as a personnel administration and payroll system. Each Provincial Legislature can be contacted to obtain this information.

Number of Public Service employees in provincial Education and Health departments
March 2011 to March 2015
Provincial Department	201103	201203	201303	201403	201503
Eastern Cape	Education	86 181	82 816	80 154	78 791	74 279
	Health	40 818	41 186	39 577	38 655	39 470
Free State	Education	31 113	31 885	32 013	31 368	30 382
	Health	16 841	18 915	19 060	19 008	18 388
Gauteng	Education	79 554	82 134	82 318	83 794	84 353
	Health	62 492	65 078	61 406	62 992	62 894
Kwazulu-Natal	Education	106 689	108 058	106 732	108 024	106 715
	Health	71 001	78 543	82 436	72 731	71 865
Limpopo	Education	64 425	63 911	62 901	62 768	62 153
	Health	36 472	38 112	37 094	36 650	37 203
Mpumalanga	Education	42 493	42 719	42 801	42 298	41 848
	Health	18 026	18 485	18 269	19 225	19 446
North West	Education	30 425	30 242	30 329	30 703	29 473
	Health	17 290	17 613	18 256	19 305	18 955
Northern Cape	Education	12 023	11 892	11 690	12 457	12 229
	Health	6 176	6 372	6 474	6 713	6 781
Western Cape	Education	40 514	40 402	40 114	40 672	42 108
	Health	29 306	30 446	31 092	31 654	31 882
Excluding Abnormal and Periodical appointments

Reply:

(1) (a) Mandate to determine appropriate qualification/s related to an employee’s scope of work and the expected levels of improvement in performance as results of the attainment of the identified qualification/s resides with the Executive Authority of the respective departments.

     (b) In terms of the Resolution, Sectors and/or Departments must define the qualifications which are relevant to their respective areas of work and which they intend to recognise.

(2) (a) Determination of performance levels in the public service is managed in terms of the Performance Management and Development System (PMDS) as stipulated in Chapter 1, Part VIII of the Public Service Regulations (2001) as amended. This benefit was also introduced to encourage public servants to acquire academic qualifications in their respective areas of work in an attempt to professionalise and to build confidence in the public service.

(b) Bonus is paid on attainment of a qualification subject to terms and conditions stipulated in the resolutions and the circular.

(3) (a)(b) There is no record of any department implementing this agreement so far (since o1 January 2013), except for departments where this benefit has been in existence before the PSCBC Resolution 1 of 2012 was concluded.

Reply:

(a) The decision was made in 2014 after publication of the last Report on the State of the Public Service.

(b) The decision was made by the Public Service Commission.

(c) The decision was made in order to review the work of the Public Service Commission in this area and also for consultation with relevant stakeholders on the values and principles in relation to section 195 of the Constitution, which have a bearing on the Report.

Reply:

(a) The challenges include the following:

• Departments have not consistently applied the required legislative prescripts in order to effect a fair and objective recruitment process.
• Departments did not have standardised methods and procedures in place to ensure compliance.
• Departments have challenges in determining inherent skills, competencies and training required.
• Departments have further challenges determining valid and fair selection criteria.

  (i) The departments affected are listed on the attached Annexure A

   (ii) The magnitude of the challenges is small.

   (iii) (aa) The average vacancy rate at senior management level as at 31 December 2015 is 9.12%;

(bb) The average turnover rate at senior management level as at 31 December 2015 is 0.78%.

  (iv) The challenges are minimal due to the measures put in place to prevent them and also to address them as and when they are identified.

(b) (i) Measures in place to address the challenges include the following:

   a) Enforcement of the legislation that govern recruitment and selection namely; the Public Service Act, 1994 (as amended) and its subordinate legislation, the Public Service Regulations, 2011 (as amended).

  b) Implementation of a strategy to reduce the recruitment period and the vacancy rate in the Public Service, which include reduction of the period to fill a vacant post in the Public Service to four (4) months after being advertised; and reducing the average vacancy rate in the Public Service to 10%.

  c) Standardisation of the recruitment practices through introduction of the Executive Protocol on filling of the vacant posts of Directors-General and Deputy Directors-General at national sphere of government. This Protocol also provides norms and standards on recruitment.

  d) Introduction of a Directive on the selection practices in relation to Ministerial Directives.

  e) Introduction of a Directive on Compulsory Capacity Development, Mandatory Training Days and Minimum Entry Requirements into Senior Management Level.

 f) Introduction of a Directive on the Implementation of Competency Assessments for entry onto Senior Management Service levels.

  g) Introduction of a Directive on the minimum educational requirements for entry into the position of senior management service.

(ii) Plans to address the challenges;

Planned initiatives include introduction of a pre-entry certification for any individual who wishes to enter or progress within the Senior Management Service. A Public Service specific course is currently being developed by the National School of Government in this regard. A guideline for mentoring and peer support has also been drafted in order to improve the quality of individual leadership development for newly appointed as well as currently employed SMS members.

Reply:

(a) Section 196 (2) of the Constitution provides that the Public Service Commission (PSC) must be regulated by national legislation. The PSC Act in section 11 (c) provides for the PSC to make Rules as to the manner in which meetings of the PSC shall be convened, the procedure to be followed at those meetings and the conduct of its business, the quorum at those meetings, and the manner in which minutes of those meetings shall be kept. Provision is therefore made in the prevailing legislation for the PSC to make Rules to ensure that the standard of our own internal deliberations and decision-making processes meet the tests of accountability, transparency and responsiveness.

The PSC’s Governance Rules provide for operational functioning of its various governance structures, as well as the secretariat function. The Governance Rules take due consideration to the second Certification judgment of the amended text of the Constitution[1] which held that the PSC Commissioners will have joint responsibility for the work that it does. It provides that the Chairperson must provide overall leadership to the PSC, ensuring its effectiveness in all aspects of its role without limiting the principle of joint responsibility for the PSC’s decisions.

The Governance Rules provide for a variety of meetings. The Chairperson or Deputy Chairperson only leads the Plenary, which is the highest decision making body of the PSC. The Plenary is constituted by the 14 Commissioners. Plenary meetings are held on a quarterly basis. These meetings are held on dates determined in advance. Plenary meetings are convened and Chaired by the Chairperson or, if the Chairperson is absent or unavailable, by the Deputy Chairperson. If both are unavailable to chair a Plenary meeting or part of a meeting, nothing in the law or in the Rules prohibits the Chairperson or Deputy Chairperson to request a Commissioner to chair the meeting in their stead.

In order to execute the PSC’s mandate, subcommittees are established in the form of Specialist Teams. Each Specialist Team assigns a Convenor from amongst the Commissioners to coordinate and Chair the operations of the Specialist Team. The Chairperson and Deputy Chairperson serve on Specialist Teams in their capacity as Commissioners.

The Specialist Teams provide strategic oversight on the key performance areas of the PSC and make findings and recommendations on behalf of the PSC in line with the Delegations Frameworks, providing for the delegation of powers by the PSC to provincially based commissioners as envisaged in section 11 (b) of the Act and the delegation of powers and assignment of duties by the PSC to Commissioners as envisaged in section 13 of the PSC Act.

Working committees of Specialist Teams in the form of panels are established to deal with decision-making in respect of investigations in terms of section 196 (4)(f) of the Constitution, in line with the Governance Rules and the Delegations Frameworks mentioned above.

(b) The specified rules were adopted in March 2005. Amendments to the Governance Rules were adopted in February 2015 and implemented with effect from 01 April 2015.

(c) There are no Rules in relation to the management of vacancies. However, the process for appointment of Commissioners is prescribed in section 196 (7) of the Constitution, read with section 4 of the PSC Act, which state that:

• Five nationally based commissioners are appointed by the President in terms of section 196(7)(a) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), following the approval of the National Assembly after a public notice process and a recommendation by a committee of the National Assembly.

• One commissioner for each province is appointed by the President in terms of section 196(7) (b) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), in the PSC following a nomination by the Premier of the province after a public notice process and a recommendation by a committee of the provincial legislature and approved by that legislature.

(d) Rule E.1 (b) of the Governance Rules provide that “Plenary meetings are convened and chaired by the Chairperson or, if the Chairperson is absent or unavailable, by the Deputy Chairperson.” This Rule must be read in conjunction with section 11 (c) of the PSC Act, the Certification Judgements, as well as the Delegations Frameworks, providing for the delegation of powers by the PSC to provincially based commissioners as envisaged in section 11 (b) of the Act and the delegation of powers and assignment of duties by the PSC to Commissioners as envisaged in section 13 of the PSC Act.

1. Certification of the amended text of the Constitution of the Republic of South Africa, 1996 (Case CCT 37/96) ↑

Reply:

Ms Philisiwe Mthethwa attended the budget vote on 24 February 2016, at the invitation of the National Treasury.

The total cost of her attendance to the event was R7 419.44 which was for her Business Class return flight. The NEF did not incur any car rental or accommodation costs for this trip as the CEO stayed at the official residence of her husband and did not hire a car at the NEF’s expense.

It should be noted that the CEO combined her attendance of this event with other meetings that relate to her role, including meetings with the Minister of Rural Development and Land Reform, the Hon. Mr Gugile Nkwinti (MP), the Minister of Labour, the Hon. Ms Mildred Oliphant (MP), as well as representatives of a rural community who have approached the NEF for development funding.

In her capacity as the CEO, Ms Mthethwa always looks for opportunities where she can efficiently and effectively engage with NEF stakeholders. The stature of the budget speech event is such that it brings various strategic stakeholders together in a central place. She therefore used the opportunity to engage with key stakeholders on the sides of the event, for the benefit of the implementation of the mandate of the NEF.

Reply:

(a) No.

(b) and (c) Yes. (i) (ii) refer to the table herewith below;

Financial Year	Event	Amount	Number of Adverts
2012- 13	None	R0.00	0
2013- 14	MPSA Strategic Communication	R284 988.60	1
	Launch of the Public Service Charter: Business breakfast	R240 574.50	1
2014- 15	National Batho Pele Excellence Awards	R33 379. 20	1

Reply:

(1) Yes, the department has specialised units which investigate and deal effectively with identity theft resulting from illegal activities within the department and erroneous or fraudulent death registrations.

(1)(a) The number of cases of fraudulent or erroneous death registrations during the period for which statistics are available were 6113.

In the case of identity theft and fraud resulting from an identity document being lost or stolen whilst in the owner’s possession, this is a criminal matter and it is recommended that this specific question be referred to the South African Police Service, which handles these criminal investigations.

(1)(b) The turnaround time required to resolve cases is six to eight (6-8) weeks dependent on the nature of the submission by the citizen concerned and all required supporting documents to expedite the department’s investigation.

(1)(c) All reported cases where full supporting documents were furnished were concluded within 90 (ninety) days.

(2)(a) The department issues media statements and uses various forms of media to address the scourge of problems within the department and to inform the public accordingly. Some are addressed through print media (newspapers) or direct interviews on media shows. The department also uses this medium to inform and sensitise the public on matters such as identity theft and false death registrations.

(2)(b) The department is in the process of modernising its systems to curb the issues of identity theft (through the rollout of the Smart ID Card) and fraudulent death cases (through more stringent Registration procedures).

Reply:

1. The status of ASSAf has not yet been clarified. The matter is currently being dealt with by the Academy, Department of Science and Technology (DST) and National Treasury.
2. The required supply chain management policies and procedures have been put in place by the ASSAf management;

         (a) N/A.

         (b) The required supply chain management (SCM) policies and procedures have been revised in order to ensure compliance with the Public Finance Management Act and have been put in place by the ASSAf management. Furthermore, a dedicated SCM Administrator has been appointed.

Reply:

(a)(b) are as follows:

Chairperson

Commissioner	Period
Mr B Mthembu First Term of Office	21 October 2009 to 20 October 2014
Adv RK Sizani First Term of Office	19 December 2015 to 31 August 2016

Deputy Chairperson

Commissioner	Period
Ms TM Tengeni Second Term of Office Continues	21 October 2009 to 16 January 2014
Adv RK Sizani First Term of Office	24 October 2014 to 18 December 2015

Commissioner: National

Commissioner	Period
Ms SS Nkosi First Term of Office	23 February 2009 to 22 February 2014
Ms SS Nkosi Second Term of Office	24 April 2014 to 23 April 2019
Mr B Mthembu Second Term of Office	1 January 2016 to 31 December 2020

As at March 2016, there are no vacancies at National level. Commissioners RK Sizani, LV Sizani and CP Nzimande are not included in the table above due to the fact that their periods of appointment do not fall within the period in question, i.e. 1 January 2014.

Free State Province

Commissioner	Period
Mr P Helepi Second Term of Office	1 February 2009 to 31 January 2014
Dr WH Boshoff First Term of Office	1 March 2014 to 28 February 2019

Limpopo Province

Commissioner	Period
Mr MZ Mawasha First Term of Office	5 October 2009 to 4 October 2014
Mr TG Mashamba First Term of Office	24 August 2015 to 23 August 2020

Northern Cape Province

Commissioner	Period
Ms MA Marais First Term of Office	1 March 2010 to 28 February 2015
Ms MA Marais Second Term of Office	13 April 2015 to 12 April 2020

Eastern Cape Province

Commissioner	Period
Mr S Mafanya First Term of Office	1 February 2009 to 31 January 2014
Mr S Mafanya Second Term of Office	11 February 2014 to 10 February 2019

Mpumalanga Province

Commissioner	Period
Mr DS Mkwanazi First Term of Office	23 April 2009 to 22 April 2014
Mr DS Mkwanazi Second Term of Office	1 May 2014 to 30 April 2019

KwaZulu-Natal Province

Commissioner	Period
Ms PM Tengeni Second Term of Office	16 January 2009 to 20 October 2009
Dr MP Sithole First Term of Office	1 September 2015 to 31 August 2020

As at March 2016, there are no vacancies at Provincial level.

It should be noted that Commissioners for Gauteng, North West and Western Cape are not included in the table above due to the fact that their periods of appointment do not fall within the period in question, i.e. 1 January 2014.

Reply:

South Africa’s industrial policy has sought to strengthen the downstream more labour-intensive segments of manufacturing while ensuring that the competitive advantage enjoyed by upstream capital- and energy- intensive and export-oriented industries is retained and enhanced. In the steel value chain, to promote beneficiation, cost competitiveness and viability of SA’s steel industry, government has had protracted engagements with the dominant player since 2004 to give effect to the national developmental obligations - to ensure a competitive steel pricing regime to support the development and deepening of value-added manufactured products in downstream industries.

It must be noted that the dominant player’s practice of import parity pricing coupled with underinvestment, inefficiencies and resulting plant failures contributed to a significant decline in the competitiveness of steel produced in SA that has led to a trend in which downstream users have adapted to the requirements of importing steel including being accustomed to foreign supply chains, lower prices and in some cases the need for speciality steel qualities and grades.

How is South African produced steel being used in component and product manufacture for domestic consumption and for export:

Approximately 70% of SA produced steel is sold locally for use in downstream fabrication, component and product manufacturing with the remaining being exported into the region. Key demand sectors include construction, mining and packaging. SA has the capacity to produce 9 million tons of steel per annum and local steel consumption is currently at 5 million tons per annum (imports account for about 20% of SA consumption).

Localisation of steel in the following sectors/sub sectors is as follows (a) in the automotive sector a number of the specific automotive steel grades are not produced locally (b) cooking ware and (c) cutlery are the main drivers of the stainless steel consumption in the consumer goods sub-sector. However, the competitiveness of the local producers has been eroded by rising imports, especially from the East. SA’s apparent stainless steel consumption was estimated at 166 600 tons in 2015. During this period, cookware and cutlery exports reached approximately 6000 and 800 tons, respectively. Government together with the industry association, Southern African Stainless Steel Development Association (SASSDA) as well as Columbus Stainless continue to engage to develop sustainable solutions for the local industry (d) wire and wire products have experienced a 13% increase in imports in 2015 compared to the previous year and the South African Wire Association (SAWA) are in the process of re-applying for import duties for certain wire products. Exports of wire and wire products declined for the same period (e) the boatbuilding sub-sector specialises in the manufacture of multihull catamarans and is the world’s second largest producer of vessels in this category (after France) acknowledged for excellence. The sub-sector currently exports approximately 77% of its production. The construction of hulls and ships also requires specialised grades of steel which cannot be sourced locally.

To address the extremely adverse steel conditions characterised by oversupply, depressed demand and increasing imports government has taken a number of steps to develop an integrated set of measures - both supply-side policy support and industry reform measures - that would have to be adopted to achieve the objective of a sustainable steel industry in SA. These measures include (1) tariff protection subject to independent assessment by the International Trade and Administration Commission (2) support for the localisation of steel in state procurement and government infrastructures spend subject to cost competitiveness and affordability and (3) steel pricing principles. Industry reform measures include commitments to capital investment in product lines for key sectors of the economy and a maintenance plan in line with world best practices.

Taking into account the steel crisis and very serious threat to the SA industry, government is working closely with all stakeholders to secure and upgrade existing domestic steel production capacity; protect downstream steel intensive manufacturers and retain employment in order not to lose SA’s strategic steel capacity and capabilities.

Reply:

The Minister of Public Works

(1) Yes, the Independent Development Trust (IDT) has, through its Internal Audit Unit, conducted an investigation into the R31, 4 million in irregular expenditure.

   (a) The investigation has not yet been finalised.

    (b) (i) and (ii) The details of the investigation are yet to be finalised.

    (c) (i) and (ii) The details of the investigation are yet to be finalised.

(2) Yes, control measures have been in place with detailed checklists to help detect and prevent fruitless and wasteful expenditure. Adherence to these measures will be monitored on an ongoing basis and reported upon quarterly.

(3) The Public Finance Management Act (PFMA), 1999 [Act No. 1 of 1999] gives powers to the accounting authority to recover irregular expenditure under certain circumstances, namely, if there is proof of wilfulness in wrongdoing, negligence and if there was no value derived by the organisation. The recoverable amounts will only be known once the investigation is completed.

________________________________________________________________________

Reply:

Teachers have a performance management system referred to as the Integrated Quality Management System (IQMS) which can be used for the determination of incentives and performance-related pay. Presently, teachers receive a performance-related pay progression of 1% per annum. Collective Agreement 1 of 2008 of the Education Labour Relations Council provided a mechanism whereby teachers would be incentivised to remain teaching by providing them with an accelerated pay progression. However, this was abandoned in Collective Agreement number 4 of 2009.

In order to address the performance-related pay and incentives for teachers as called for in the National Development Plan, the President established the Presidential Remuneration Review Commission in August 2013.

The Commission was appointed to investigate remuneration and conditions of service in the public service and public entities listed in Schedule 3A and 3C of the Public Finance Management Act, 1999 (Act No. 1 of 1999) (PFMA). Priority attention would be on the remuneration of educators, including matters relating to organisational development, job evaluation and grading, recruitment, appointment and promotion, human resource planning and utilisation, and performance management systems, policies and practices.

In order to implement the expectations of the National Development Plan in this regard, the Department has submitted its inputs on these matters to the Presidential Remuneration Review Commission which will release its report to the President in August 2017.

Reply:

The Department has written to all the provinces requesting for the above-mentioned information.

Reply:

(1) How many (a) direct and (b) indirect jobs respectively have been created in the tourism industry in (i) 2013, (ii) 2014 and (iii) 2015 respectively;

(a) Direct contribution to jobs

The latest figures available from Statistics South Africa (StatsSA) are provisional figures for 2014. Estimates from the World Travel and Tourism Council were used to report on 2015.

Job Creation	2013	2014	2015 estimate
Direct Jobs	655 587	680 817	705,600

Source: 2013 and 2014: Tourism Satellite Account, StatsSA. 2015: WTTC 2015 estimates.

(b) Total contribution to employment (direct and indirect)

It should be noted that StatsSA does not measure the total contribution of tourism to employment (direct and indirect contribution). Figures and estimates from WTTC were used to report on this indicator. However, WTTC does not release figures on the indirect contribution alone, therefore figures reported below is for total contribution which includes both direct and indirect contribution.

Job Creation	2013	2014	2015 estimate
Total contribution to employment (Direct and indirect)	1 437 500	1 497 600	1 551 400

Source: WTTC

(2) how much did tourism contribute to the country’s gross domestic product during (a) 2013, (b) 2014 and (c) 2015 respectively

It should be noted that the contribution of tourism to GDP is reported for direct as well as for total contribution (direct and indirect). StatsSA only measures the direct contribution to GDP and the latest figures available are 2014 provisional figures. Therefore figures reported below for direct contribution in 2013 and 2014 were sourced from StatsSA. WTTC estimates were used to report on the direct contribution to GDP for 2015 as well as the direct and indirect contribution from 2013 to 2015.

Contribution to GDP	2013	2014	2015 estimate
Direct	R101,7 billion	R111,6 billion	R117,8 billion
Direct and indirect	R345,7 billion	R357,0 billion	R369.3 billion

Source: Source: 2013 and 2014: Tourism Satellite Account, StatsSA. 2015: WTTC 2015 estimates.

(3) International tourist arrivals

Airport	2013	2014	2015
Cape Town International Airport	461,186	524,131	557,050
OR Tambo International Airport	2,656,222	2,001,365	1,932,096
King Shaka International Airport	35,920	38,449	37,162

Source: Statistics SA

Reply:

(1) What was the average rate of teacher absenteeism in days (a) nationally, (b) in each province and (c) in each district in the (i) 2009, (ii) 2010, (iii) 2011, (iv) 2012, (v) 2013, (\'i) 2014, and (vii) 2015 academic years;

(1) (a), (b), (c) (i),(ii),(iii).(iv),(v).(vi), and (vii). Information on teacher absenteeism in the specified detail and for the periods requested is not readily available at National level. Detailed information has been requested from the Provincial Education Departments and will be provided as soon as it is received.

(2) For each of the specified academic years, what is the average rate of teacher absenteeism in days (a) nationally, (b) in each province and (c) in each district in terms of (i) illness, (ii) injury, (iii) family members' illness, (i\') family members' injury, {v) funerals, (vi) medical appointments, (vii) bad weather or road inaccessibility, (viii) official business, (ix) maternity leave, (x) security reasons, (xi) teachers' strikes, and (xii) any other reasons?

(2) (a), (b).(c) (i). (ii). (iii), (iv), (v), (vi), (vii), (viii). (ix), (x). (xi), and (xii). Information on teacher absenteeism in the specified detail and for the periods requested is not readily available at National level. Detailed information has been requested from the Provincial Education Departments and will be provided as soon as it is received.
 

Reply:

Airports Company South Africa SOC Limited (ACSA)

1. Bram Fischer International Airport will be expanded based on traffic demand
2. . At this stage there is no requirement for further expansion. This can however change at any time if the local conditions change.
3. Bram Fischer International Airport is not seen as a logistics hub and is not marketed as such. The airport forms a critical link in the network of airports in South Africa but mainly for passenger traffic.
4. Traffic growth to and from Bram Fischer will depend on the viability of the market and the ability of the airlines to obtain the required yields. Growth in the foreseeable future is limited.
5. ACSA will definitely work closely with the Mangaung Municipality to maximize business benefit for both organizations by developing the airport precinct and surroundings in an optimal manner.

Reply:

Airports Company South Africa SOC Limited (ACSA)

1. (a) The tender notice was issued by ACSA Procurement on Sunday, 05 October 2014. The tender was advertised in the Sunday Times and on the CIDB website.

(b) VE Reticulation won the tender on an open tender process and

(c) The following criteria were compulsory;

• Attendance of a compulsory site meeting
• Bidders must have a minimum CIDB grading of 7EP or higher
• Acceptance of ACSA Terms and conditions
• Valid SARS tax clearance certificate

Other criteria used;

• Functionality
• Price & BBBEE

2. (a) The value of the tenders that were awarded was R 15, 503, 477.00.

      (b) The timelines were as follows:

       (c) Six month construction period and;

       (d) The tender was awarded on a six month construction period.

(3) (a)(i)(ii) Open tender process exists.

(b)(i)(ii) IRR and NPV calculations were done.

(c) George is currently the only plant in operation and all assumptions will be tested against actual power generations and saving achieved. The viability will be proven over the first year of operation.

Reply:

1. (a) The Department is working with the South African Council for Educators (SACE), the Department of Higher Education and Training (DHET), the Education Deans Forum and other stakeholders in the Basic Education Sector, towards the development of a professional standards framework for teachers. A SACE Advisory group on professional standards has been established. The Professional Standards Framework for teachers will consider introducing professional certification for newly qualified teachers, as stated in the National Development Plan (NDP).

(b) The Ministry has signed a policy on the South African Standard for Principalship. The soon to be gazetted policy will form the basis for the appointment of principals. The Council of Education Ministers (CEM) had already discussed the Guidelines for strengthening administrative processes on the appointment of principals in Public Schools on 21 June 2013. The guidelines included the implementation of competency assessments for all principal appointments in public schools, in line with the National Development Plan (NDP).This matter will be consulted on in the Education Labour Relations Council (ELRC).

The Director-General has written to all Provincial Heads of Department on 27 January 2016 to begin to make competency assessments part of the selection process for the appointment of principals from 2016, partly to ensure that every person who is appointed into a principal post fulfils at least the minimum requirement for the advertised job, and partly to provide a profile of existing group of school principals, including capacity gaps that need to be addressed through training. The Director-General has requested in that all advertisements for vacant principal posts from 2016 should carry a statement indicating that applicants will be expected to undergo competency assessments.

Reply:

The right to strike is a constitutional right afforded to all employees in terms of Section 23(2)( c) of the Constitution of the Republic of South Africa, 108 of 1996 ("the Constitution"). However, Section 65 of the Labour Relations Act (LRA) does contemplate restrictions on the right to strike in respect of those employees who are engaged in essential services. Furthermore, Section 213 of the LRA defines an essential service and this mirrors the international understanding of essential services. This definition excludes education as an essential service.

South Africa is a member of the International Labour Organisation (ILO) and has signed Conventions No 87 and 98 of the ILO that upholds the principles of freedom of association ~nd the right to organise and bargain collectively. In terms of this, the ILO recognises strike action as a principled right by which workers and their associations may legitimately promote and defend their economic and social interests. The case for education to be declared an essential service has been considered by the ILO, through submissions made to it by various member states from different regions of the world and in respect of a wide range of different circumstances. However, the ILO has repeatedly ru led that essential services refers RESPONSE TO NATIONAL ASSEMBLY QUESTION NA 533

only to those services that endanger the life, personal safety or health of the whole or part of the population and therefore education stands outside of this definition.

All member states, even if they have not ratified the Conventions in question, have an obligation, arising from the very fact of membership to the ILO, to respect, to promote and to realise, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which include freedom of association. The right to freedom of association allows employees to participate in strike action, once the trade unions have followed due process in terms of the LRA and given the employer notice of a strike.

There is therefore no proposal that is currently being considered to declare education as an essential service since the education sector does not satisfy the definition of an essential service as defined by the ILO internationally and South African legislation through the LRA.

Reply:

Department

(a) i) Incorporation of NATMAP into DOT plans

During the development of NATMAP 2050, an extensive consultation approach from the municipalities, provinces and agencies (bottom-up approach) was undertaken and that culminated into a product informed by plans from various stakeholders.

The NATMAP 2050 Synopsis Report was submitted to the Cabinet on the 18th September 2013 and amongst others Cabinet approved that the Presidential Infrastructure Coordinating Commission (PICC) Management Committee (MANCO) and the Minister of Transport review the proposed NATMAP 2050. In line with the above Cabinet resolution, the Department has reviewed and updated the NATMAP 2050 Synopsis Report and awaiting the Plan’s endorsement by PICC MANCO before it is resubmitted to Cabinet for approval.

NATMAP 2050 Synopsis Update specifies outcomes and strategic objectives linked to key government policies that includes DOT Strategy amongst others. Its objectives will be delivered by linking key proposals with broader national policy areas, the MTSF 2014–2019, NDP 2030 and National Infrastructure Plan (NIP).

ii) Incorporation of NATMAP into Entities Plans

Based on the bottom-up approach that was adopted throughout the development process of NATMAP 2050, different implementing agencies will have to develop their own implementing plans in line with the interventions proposed on the Synopsis Update report. Upon submission of their strategic plans, the Minister will be ensure that implementation of NATMAP 2050 is finds a clear expression in their plans moving forward.

(b) i) Implementation Monitoring

The Department will regularly monitor the implementation of this Plan by engaging implementing agents in terms of getting the reports and serving on different fora or committees that will oversee the implementation of NATMAP 2050 interventions.

ii) By Whom

The Deputy Director General: Integrated Transport Planning will oversee the implementation process and supported by Chief Director: Macro Sector Planning and Director: Master Planning, Implementation and Review.

(c) Timelines

Interventions indicated on the draft NATMAP 2050 Synopsis Update documents are categorised with the following timeframes:

1. Short term: 5 years (2015-2020)

2. Medium term: 10 years (2020-2030)

3. Long Term: 20 years (2020-2050)

It is worth noting that the Performance Agreement between the President and the Minister of Transport, says that by June 2016, the Integrated National Transport Plan should be developed and approved.

Airports Company South Africa SOC Limited (ACSA)

a) (i) Not applicable to ACSA.

    (ii) NATMAP seeks to achieve “An integrated, smart and efficient transport system supporting a thriving economy that promotes sustainable economic growth, supports a healthier life style, provides safe and accessible mobility options, socially includes all communities and preserves the environment”. ACSA supports this vision by ensuring that the Airport Development Plans are aligned with relevant policies and through on-going stakeholder consultations.

• NATMAP recommended the Aerotropolis concept as a means of promoting the integration of airport development with its surrounding land-uses.  At the OR Tambo International Airport (ORTIA), ACSA and the Ekurhuleni Metropolitan Municipality have developed an Aerotropolis Master Plan including an implementation plan for the City of Ekurhuleni and ORTIA. The Plan was completed at the end of 2015 and implementation of catalyst projects has commenced.
• At the Cape Town International Airport (CTIA), ACSA and the City of Cape Town are undertaking a study to determine the feasibility to pursue the Aerotropolis concept as a development strategy for the CTIA and surrounding area. This approach is also being considered in eThekwini for the King Shaka International Airport (KSIA), which includes the Dube Trade Port. The KZN Department of Economic Development, Tourism and Environmental Affairs commissioned an Aerotropolis Master Plan Study, which is expected to be completed by the end of 2016.
• The concept is also being explored at other ACSA airports, in particular in Bram Fisher International, East London and Port Elizabeth Airports through consultation with the respective Local Authorities.

b) N/A (i) N/A and (ii) N/A

c) ACSA is not in a position to respond to part (c) of the question.

Air Traffic & Navigation Services SOC Limited (ATNS)

(a)(i) Not applicable to ATNS

(a)(ii) ATNS has been consulted by the DoT and has provided comments and input in respect of the National Airport Development Plan and National Civil Aviation Policy.

(b)(i) N/A (i) N/A and (ii) N/A

(b)(ii) N/A (i) N/A and (ii) N/A

(c) Not applicable to ATNS

South African Civil Aviation Authority (SACAA)

(a) (i) Not applicable to SACAA

(ii) The National Transport Master Plan is not applicable to the South African Civil Aviation Authority

(b) N/A (i) N/A and (ii) N/A

(c) N/A

Passenger Rail Agency of South Africa (PRASA)

(a)(ii) There is good alignment between the Natmap and PRASA’s Strategic Plan (2012). Both plans identify short, medium and long term requirements through to the year 2050. The recent update of the Natmap 2050 Synopsis provided a further opportunity to strengthen and align the rail plan and requirements going forward.

Furthermore, PRASA’s Strategic Plan is incorporated in the company’s Corporate Plan focussing on the MTEF period (3-year) ahead. Key performance areas (KPAs) and milestones are identified in the plan. The KPAs are monitored and reported to the Department of Transport on a regular basis.

Railway Safety Regulator (RSR)

Natmap is not incorporated by the RSR.

Ports Regulator (PRSA)

The Ports Regulator has not received any directive in this regard from Department of Transport.

Roads Entities:

(a) (ii) The National Land Transport Strategic Framework 2015–2020 (NLTSF) which defines the strategies and policy intent of the Department of Transport with regard to integrated transport and land use planning country-wide over the five year period, incorporates the overarching objectives of Natmap along with National Development Plan 2030 Strategic Aims, Medium Term Strategic Framework (2014-2019) and transport oriented Strategic Integrated Projects (SIPs) as identified by Presidential Infrastructure Coordinating Commission (PICC).

Entities are expected to adopt the relevant intentions and guidance of the NLTSF and adjust it to local needs and circumstances. This will enable them to implement local planning intent interpreted and guided by national policy.

 

South African Maritime Safety Authority (SAMSA)

The National Transport Master Plan (NATMAP) provides an overarching integrated plan for the improved movement of people and freight in South Africa and as such informs and forms the basis for integrated planning within and across the various modes of transport. The South African Maritime Safety Authority is tasked with the mandates of:

1. Ensuring the safety of life and property at sea
2. To combat and prevent the pollution of the marine environment by ships 
3. Promoting the Republic’s maritime interests 

SAMSA is therefore responsible for the efficient, safe, secure and environmentally sustainable movement of inbound and outbound seaborne freight through our national port infrastructure. To this end, SAMSA has aligned its plans towards realising the NATMAP vision by pursuing the following objectives and priority actions in line with other governmental plans:

a) Delivering an efficient, safe, secure and environmentally sustainable maritime transport system by

• Protecting the environment;
• Promoting safety and wellbeing; and
• Infrastructure enhancement and management.

b) The socio economic development of South Africa’s maritime sector by undertaking the following: 

• Grow the economy - this incorporates the pursuit of NATMAP priority actions of growing the economy fuelled by the marine transport development programme under the Operation Phakisa portfolio, specifically focusing on making better use of the maritime transport network, increasing its contribution to GDP and the creation of wealth for the country.

• Freight integration - The promotion of developing a competitive integrated national supply chain perspective by working together across the freight transport value chain from Pit, Port to Market. 

Reply:

The DoC has, in developing the Green Paper on Audio Visual and Digital Content Policy for South Africa, considered the recommendations of the National ICT Policy Review report in relation to the work of the Department. Once finalized, the DoC will publish the Green Paper to solicit public comments. It is only after the White Paper on Audio Visual and Digital Content Policy for South Africa has been adopted by Cabinet, that implementation will commence.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(a) The investigation is ongoing and timeframes are dictated by legal processes.

(b) Werksmans Attorneys were appointed to lead the investigation.

(c) The focus of the investigation is based on the findings of the Auditor General in the financial statements of PRASA for the 2014/2015 financial year, and the Public Protector report titled ‘Derailed’.

Reply:

The PRASA section of the Mabopane Transport Hub project is divided into two sub projects which are implemented by two different service providers. The two interlinked projects are outlined below;

1. The Bridge project, and
2. The Concourse project

a) The current status of the two projects;

Bridge project: The contract was terminated on 01st April 2015 after matter had been taken to Arbitration as per clause 40 of the JBCC Contract. The Arbitrator determined in favor of PRASA and ruled that the Contractor had unlawfully suspended the works and walked off site without complying with the procedural and substantive requirements of the contract.

At the moment PRASA is in the process of resuscitating the project. What remains is the process of appointing a new contractor to finish the project. Currently the project stands at 70% completion. Major outstanding works remaining are parts of the roof, the link bridge over the railway lines, trading stalls, finishes and some remedial work on some structures constructed by previous contractor which were condemned by the consulting engineers and have to be demolished and rebuilt.

Concourse project: The project is 40% complete with the erection of the roof structure. Works on several platforms including platforms 5 and 6 are 100% complete and works on platform 7 and 8 which is the last platform have just commenced.

Progress on the concourse which focuses on ground floor demolitions, concrete works, brickwork and structural steel work is in progress. The roof structure is nearing completion and the mezzanine level steel structure is complete.

b) Project costs

Bridge project cost to date:

Item	Description	Value	Comments
1	Original Project Budget	R 197 818 781	Including VAT
2	Project Expenditure to date	R 143 736 161	Including VAT

Concourse project cost to date:

Item	Description	Value	Comments
1	Original Project Budget	R 199 605 421	Including VAT
2	Project Expenditure to date	R91 128 353	Including VAT

c) Reasons for the delays in completing the projects;

Bridge project: There were various reasons that delayed the project other than the process that led to termination.

• Land issues around ERF 433, Mabopane which resulted in the redesigning of the bridge to avoid the eminent land issues,
• Negotiations with traders associations, who refused to vacate the construction site until temporary trading structures were built for them,
• Community members and structures who demanded to be employed directly by PRASA instead of the appointed Main Contractor and therefore often stopped the site works in protest, and
• Strikes from workers demanding better remunerations than what the Main Contractor could offer.

Concourse project:

Item	Problem
1.	Employment opportunities & subcontracting demands from community resulting in protests and work stoppages
2.	Project scope change. Increase in time and project cost

d) When the project would be completed;

Bridge project: The project is expected to finish within 8 months from the date of site handover to the new contractor (once all the Supply Chain Management processes have been completed).

Concourse project: The project is expected to be complete by end December 2016

Reply:

Airports Company South Africa SOC Limited (ACSA)

(a) The various color schemes are determined by the international benchmark of all the signage for both navigational and disclaimer signage. The colors are then further explained on the actual signage and way finding guideline document.

(b) The research that was done in the initial stages of creating a signage philosophy that is easily recognizable by all passengers, was based on what was acceptable from an aviation regulation point of view in the international market. These standards were adopted to make sure that what is available in South Africa is available in any international airport in the world.

(c) The signage committee at the airports conducts a desktop, top line comparison of ACSA’s signage philosophy to that of international Airports around the world. The same philosophy that is used in South Africa is also used in the airports that ACSA is involved in building and maintaining. The company also works very close with the civil aviation authority to keep tabs on any regulatory changes on the signage philosophy.

(d) In 2013, the company made amendments to the signage guidelines based on international standards that were amended. These standards were as a result of comparison and benchmarking the ACSA signage philosophy and key international standards as outlined by the civil aviation authorities.

(e) The signage for smaller / regional airports were not visible enough and the size of fonts and specs needed to be changed.

1. The new no smoking act: The signage was outdated and needed to include the actual act on it.
2. Prohibition signage: The signs at the time did not have clear images / illustration of what the prohibition was for, this has since been changed.
3. Prohibition signs: The signs that were on glass doors and walls were blank at the back. This has since been changed.

Reply:

The Department is unable to respond due to the fact that the matter is before the Courts.

 

 

MR N MUNZHELELE

[ACTING] DIRECTOR GENERAL

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI, MP

MINISTER OF COMMUNICATIONS

DATE:

Reply:

1. The revised SABC editorial policy has been approved by the SABC Board and is currently being implemented.
2. (a) Yes public consultation has taken place. Stakeholder engagements were held with more than 30 organisations and interest groups from across the country and were followed by 17 public hearings, where each province hosted at least one. Almost 2,000 people attended these hearings.

(b) (i) & (ii) The public consultations were advertised on SABC platforms and in selected print media.

(c) The SABC received 216 written submissions from individuals and organisations.

(d)  Not applicable.

3) (a) The policy has been completed

(b) The editorial policy are submitted to the Authority, not Parliament.

 

MR N MUNZHELELE

[ACTING] DIRECTOR GENERAL

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI, MP

MINISTER OF COMMUNICATIONS

DATE:

Reply:

Parliament’s Portfolio Committee on Communications has scheduled meetings in 2015 where this matter was discussed in detail. Parliament Legal team has presented their legal opinion before the Parliament Portfolio Committee on Communications and subsequently this legal opinion together with the legal opinion that was sought by Minister of Communications were debated in detail during the Portfolio Committee on Communications meeting in 2015. Portfolio Committee on Communications in its meeting which was opened to the public, resolved to close this matter following the said debates.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

The DoC has, in developing the Green Paper on Audio Visual and Digital Content Policy for South Africa, considered the recommendations of the National ICT Policy Review report in relation to the work of the Department. Once finalized, the DoC will publish the Green Paper to solicit public comments. It is only after the White Paper on Audio Visual and Digital Content Policy for South Africa has been adopted by Cabinet, that implementation will commence.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(1) (a) The following are amongst the sustainability challenges faced by community small commercial media:

• Inadequate of support with regard to advertising from government and private sector;
• Print and Digital Media South Africa (PDMSA) has withdrawn its funding and government allocation to Small Commercial Media;
• High printing costs; and
• Inability to attract and retain skilled personnel due to limited funding.

(b) Liaising with the GCIS in order to secure advertising revenue for CSCM

• Liaising with Media Buyers for advertising bookings to the sector
• Negotiated printing discounts with the major houses such as CAXTON, Paarlcoldset and Rising Sun Printers
• Providing support for the establishment of Provincial Cooperatives in order to lobby for advertising bulk buying
• Capacity building and skills development through partnership with relevant training institutions such as the Wits Radio Academy, finalising MoA with MICTSETA; and
• For 2016/17 we will be focusing on enterprise development training to equip projects on financials, fundraising skills.

(2) The Ministry of Communications is facilitating the discussions and debates around the discussion document “Towards a Policy on Media Transformation and Diversity” which was drafted to focus on media transformation and diversity issues. This is currently being updated/revised with further desktop and commissioned research. Meetings have also been held with government statutory bodies, non-governmental organisations and media agencies to solicit their views. This has included organisations such as MDDA, ICASA, NABSA, Right to Know and Freedom of Expression.  Issues raised in these meetings are being further investigated and incorporated into the Discussion Document.  A colloquium is further being considered for 2016 to deepen our understanding of key transformation issues within the environment, to finalise scope and allow stakeholders an opportunity to present their views.

(3) (a) The MDDA Board is engaging the individual members of the PDMSA, who have requested details on the funding previously allocated; this will also be covered as part of the Social Impact Study currently being commissioned by the MDDA Board.

(b) So far meeting has been held with the Media 24 and the outcomes were positive, however the MDDA has been requested to develop a report reflecting on how the funds have been allocated to projects. There are meetings due with The Times Media, Caxton and Sekunjalo.

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(a) No. The Gautrain Rapid Rail Link was procured and implemented as a Public Private Partnership in terms of Treasury Regulation 16 of the Public Finance Management Act. The acquisition of the additional coached will be procured in term of the provisions of the Treasury Regulations and the Concession Agreement entered into between the Gauteng Provincial Government and the Bombela Concession Company.

(b) No. See above.

1. N/A
2. N/A

Reply:

(1) (a) Yes, the internal audit function of the MDDA is being co-sourced due to the inability by the Agency to build internal audit capacity. The contract of the outsourced auditors is coming to an end on the 30th March 2016 and permanent in-house Internal Audit Manager will be appointed. In this regard, the MDDA has since revised the organogram and the position of the Internal Audit Manager has been advertised.

(b) The function is costing the Agency R721 227.00 inclusive of VAT.

(2) (a) The position of Communications & Stakeholders Manager position was filled during the last quarter of 2015.

(b) The position of Programme & Research and Development Manager has not been filled.

(c) The position of Information and Technology Manager was filled on the last quarter in December 2015.

(d) The position of Supply Chain Management Officer was filled during the last quarter of 2015.

(e) The position of Financial Administration Officer has not been filled.

i) The MDDA led by the Board revised its strategy in September 2015 and subsequently has revised its organogram to align to the revised deliverables in line with the MDDA Act. On the 20th February 2016 the MDDA Board approved the revised structure. This will be followed by filling of the vacancies. The process of advertising is underway to fill all positions by the 1st quarter of 2016 financial year.

ii) The work, duties and responsibilities of vacated positions, has been distributed amongst employees. In some of the vacant positions, there are persons who have been contracted externally from suppliers whilst the process of filling, continues. The MDDA Board has approved the revised structure/organogram. This will be followed by filling of the vacancies.

iii) The MDDA is aiming to fill all positions by the 1st quarter of 2016/17 financial year.

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

1. The National Treasury is currently reviewing the entire Supply Chain Management (SCM) legislative framework with a view of developing a single procurement law that seeks to, among others, improve efficiency in the procurement environment and eliminate corruption.
2. The National Treasury will be developing guidelines to assist municipalities on the appropriate application of regulation 32 of the Municipal Supply Chain Management Regulation by July 2016. These guidelines will assist municipalities to follow due process and thereby prevent any potential misuse of this provision in the Municipal SCM legislative framework. In the interim, municipalities should submit any enquiry to the MFMA helpdesk facility, [email protected].
3. Additional to the the comment above, the MFMA provides for all processes and procedures that are undertaken at a municipality. Therefore reliance is placed on the system of delegation and other regulatory audit processes to assist in preventing the misuse of regulation 32.

Further efforts will be made to speed up the process of reviews of Section 32 and to stop the abuse that is prevalent in this regard.

Reply:

a) The South African Broadcasting Corporation (SABC) management did not prohibit talk show hosts from having open lines discussions during programmes.  Presenters / talk show hosts of for example religious or sport programmes are subject matter experts and will have open line discussions on relevant religious or sporting matters. At the same time political discussions can only be dealt with during News and Current affairs programmes where presenters/host are skilled to deal with these matters. The SABC therefore wants to ensure that political discussions are dealt with on the correct platforms to ensure that political parties do not misuse entertainment, religious and sports programmes for their political expediency.

b) Not applicable

MR N MUNZHELELE

[ACTING] DIRECTOR GENERAL

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI, MP

MINISTER OF COMMUNICATIONS

DATE:

Reply:

The DoC has, in developing the Green Paper on Audio Visual and Digital Content Policy for South Africa, considered the recommendations of the National ICT Policy Review report in relation to the work of the Department. Once finalized, the DoC will publish the Green Paper to solicit public comments. It is only after the White Paper on Audio Visual and Digital Content Policy for South Africa has been adopted by Cabinet, that implementation will commence.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(1) In August 2014, following media reports about allegations of improper and unlawful conduct of members and people associated with the State Security Agency (SSA), the Minister of State Security requested the office of the Inspector-General of Intelligence (IG) to conduct an investigation into these allegations. The media reports had alleged that certain employees of the agency were involved in activities meant to destabilize the functioning of the South African Revenue Services (SARS). (a)the report was titled “Investigation into Media Allegations Against SSA Employees”. (b) the report did not find any wrong doing on the part of the State Security Agency and recommended that engagements be held with SARS on certain aspect of their investigative work. (c) the report was completed on 31 October 2014.

(2) The Joint Standing Committee on Intelligence was briefed on this report by senior officials of the State Security Agency on 12 May 2015.

Reply:

(a)(i) The Department procured 40.38% of goods and services from SMMEs, township and rural enterprises combined for the period 1 April 2015 to 31 January 2016.

(a)(i) The Department did not procure any goods or services from co operatives for the period 1 April 2015 to 31 January 2016.

Reply:

(1) The Department always gives full and proper attention to the expert opinion given by each Branch or Chief Directorate. It is not understandable why there is a belief that the Department   acted contrary to the view of some experts. The Department acted in accordance with proper rules and procedures and followed the scientific recommendations given by its experts. The Department has not allocated any additional commercial quota and has thus not endangered the viability of the horse mackerel population. It should also be borne in mind that at the moment no fisherperson has been allocated fishing right and all are operating under exemption. This means, therefore, that it is not possible for any person to say that The Department has over-allocated as horse mackerel fishing can be stopped at any time if the Department believes that that stock is facing an ecological threat.

(2) Permits are issued by delegated officials in the Department and there has not been a need (now and in the past) for the Minister to make announcements on the issuing of any fishing rights.

Reply:

1. Yes, gang related incidents were experienced during the last six (6) months at Correctional Centres A, B and C at Boksburg Management Area. Prevalent gangs involved in gang incidents include the RAF 3, Big 5, 26 and 28 Gangs.

(2)(a)(i) One (1) inmate died in November 2015 in Boksburg Medium A following an assault of an “inmate on inmate” with a sharpened object.

1. (a)(ii) – Yes, see table below.

(2)(b)(i) No officials died due to the violence.

(2)(b)(ii) – No officials were injured due to the violence.

(2) date of incident and centre	(2) Description	Number of inmates involved	2(a)(ii) number of inmates injured	(1) gangs involved
2015.10.10 Centre A	Inmate assaulted two (2) other inmates. Both victims sustained laceration injuries.	3	2	26 and 28 gang
2015.10.13 Centre A	Two (2) inmates assaulted one (1) inmate by hitting him with padlocks on his head.	3	1	26 and 28 gang
2015.10.15 Centre A	Two (2) inmates were stabbed by two (2) inmates with sharpened objects.	4	2	26 gang
2015.11.09 Centre C	Five (5) inmates assaulted one (1) inmate.	6	1	26 gang
2015.11.12 Centre A	Three (3) inmates fought amongst themselves with self-made knives.	3	3	RAF 3
2015.11.14 Centre B	Four (4) inmates stabbed two (2) inmates.	6	2	26 and 28 gang
2015.11.16 Centre A	Two (2) inmates assaulted one (1) inmate with a sharpened object and one (1) of the perpetrators was also injured.	3	2	28 gang and Big 5
2015.11.16 Centre B	Three (3) inmates assaulted one (1) inmate with a sharpen objet.	4	1	28 and 26 gang
2015.12.25 Centre C	Three (3) inmates assaulted each other	3	3	26 and 28 gang
2016.02.18 Centre A	Two (2) inmates stabbed one (1) inmate.	3	1	RAF 4 and Big 5
2016.02.29 Centre C	Ten (10) inmates assaulted each other.	10	10	and 28 gang

(3)(a) There is ongoing gang profiling in order to ensure improved management of gang dynamics in the correctional centre. The awareness of officials is raised on a regular basis to ensure constant vigilance and emphasis is placed on the effective management of offender complaints and requests. The utilisation of the gang management tools – especially the gang management checklist for utilisation at correctional centre level – is encouraged.

(3)(b) All inmates are made aware of the negative consequences of gangs in a correctional setting as part of the induction process and through ongoing engagement at unit level. As a matter of standard procedure all acts of violence (including those that arise due to gang activities) are investigated internally and this results in the guilty parties having their privileges reviewed. Offenders who pose a risk to the safety of other inmates are placed in single cells for closer monitoring.

It is also normal procedure that where there are injuries the cases of attempted assault, assault, assault with intent to inflict grievous bodily harm and attempted murder or murder are reported to the South African Police Service (SAPS) for investigation and pursuit of criminal charges. In many instances, however, most victims refuse to press criminal charges. Offenders who are found guilty of criminal offences will have their sentences prolonged or parole and release dates reviewed accordingly.

The Department is also working hard at ensuring that gang activities in correctional centres are dealt with in terms of the Prevention of Organised Crime Act (where possible and in liaison with the SAPS) as has been the case in regions like the Western Cape. The Department will also explore how the provisions of the Dangerous Weapons Act 15 of 2013 can be applied to gangs in correctional centres.

Reply:

1. (i) and (ii) The Department of Justice and Constitutional Development (DoJ&CD) including the National Prosecuting Authority (NPA), procures within the current framework in terms of the Preferential Procurement Regulations (PPR). The PPR was developed to support BBBEE and government specific goals.

94% of the departmental procurement supports government initiatives of which approximately 31% (R139 million) relates to SMMEs.

The department is awaiting the approval of the revised PPR that will provide for full implementation of the commitments made in the recent State of the Nation Addresses’ delivered.

 

The Office of the Chief Justice is submitting information in terms of the Broad Based Black Economic Empowerment scoring points system as prescribed by the Preferential Procurement Policy Framework Act, 5 of 2000. Information is submitted as follows:

Total amount spent on procurement from 1 April 2015 to 22 February 2016 by the Office of the Chief Justice amounts to R38 647 064.18. Of this amount R29 173 393.99 was spent on Black Economic Empowerment procurement (all Black Economic Empowerment levels). Therefore the Office of the Chief Justice spent 75.49% on Black Economic Empowerment procurement.

(b)(i) The Special Investigating Unit has indicated that the percentage of total procurement spend on SMME is sixty (60%) percent.

(ii) The SIU further indicated that no procurement was made from or in support of co-operatives and rural enterprises.

1. (i) Legal Aid South Africa issued instructions to 11,831 judicare practitioners from 1 April 2015 to 31st January 2016 to the value of R96 million. These are all small law firms.

A total amount of R1.35 million, covering 1 April 2015 to 31st December 2015, was paid to five (5) law firms that are all based in rural areas and have Agency Agreements with Legal Aid SA.

An amount of R95,7 million constituting other procurements of services and goods by different suppliers were paid out for the period 01 April 2015 to 31st January 2016. Legal Aid SA awaits National Treasury’s comprehensive review of the existing Supply Chain Management legislative framework in respect of various specific goals, i.e., Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises to classify procurements services going forward.

(a) (i) The Department of Correctional Services has not set aside 30% of its procurement for purchasing from SMMEs, co-operatives as well as

township and rural enterprises as this is not yet supported by procurement legal framework.

Currently contracts are awarded in accordance with the Preferential Procurement Policy Framework Act, 2000 and its Regulations, 2011 to the bidder scoring the highest points.

The information regarding the contracts awarded with values above R30 000.00 from 1 April 2015 to 19 February 2016 is as follows:

BEE Level	Total Contracts	Total Current Contract Value	Percentage
Level 1	470	R 144 136 872.30	17.67%
Level 2	110	R 426 205 448.05	52.21%
Level 3	496	R 109 626 423.40	13.43%
Level 4	149	R 94 095 598.66	11.53%
Level 5	17	R 3 065 779.70	0.37%
Level 6	16	R 4 504 798.52	0.55%
Level 7	3	R 265 269.30	0.03%
Level 8	2	R 381 480.00	0.04%
Non-compliant contributor	203	R 34 042 967.57	4.17%
Total	1466	R 816 324 637.50

National Treasury’s Summary Report: Contract(s) Awarded does not make provision for distinguishing of contracts awarded to Small, Medium and Micro-sized Enterprises, co-operatives as well as township and rural enterprises.

(ii) As above

1. Not applicable

 

Reply:

I wish to inform the Honourable Member that I have considered the South African Law Reform Commission Project 107 Report on Sexual Offences (Adult Prostitution). It will be released on a date to be announced shortly.

Reply:

The Department has not conducted any studies or research on the salary levels of academics, senior university management or Vice-Chancellors in South African universities. However Universities South Africa (USAf), formerly known as Higher Education South Africa (HESA), completed a study on the remuneration of academic staff at South African universities in 2014. This report can be downloaded from the Universities South Africa’s website.

 

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 336 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. According to the information received from the NLC, the SA Apartheid Museum, in support of its applications supplied all the required information viz.:

i. Prescribed application form, duly completed.

ii. Project plan and motivation for said project.

iii. Project budget.

iv. Notice of registered office to show registration number.

v. Articles of Association of a Company not having a share capital.

vi. Memorandum of Association of a company not having share capital.

vii. Annual financial statements for three consecutive years.

According to the information received from the NLC, the signatories to the Articles of Association were:

i. Kim Feinberg

ii. Steven Joffe

iii. Christopher Kroese

iv. Solomon Krok

v. Christopher Martin Till

vi. Richard Thabo Moloko

vii. Lesego Wa Lesego

viii. Sidney Abromowitch

2. Yes, please see “Annex A” attached hereto. “Annex B” contains further information regarding changes of directors at SA Apartheid Museum. This information was provided for by the Companies and Intellectual Property Commission (CIPC).

3. (a) According to the information received from the NGB, the casino was funded 60% debt (R497.4m) and 40% equity (R344.9m). Equity contribution was as follows:

i) Akani Leisure R172.45m

ii) M Krok R73.29m

iii) MZ Krok R73.29m

iv)Promoters R25.87m

According to the information received from the NLC, the shareholders of Akani Leisure were as follows:

• Co-ordinated Network Investments
• Siphumelele Investments
• Black Management Forum Invetment
• Youth Investments Network
• G7 Investments Holdings
• Xau Women’s Investment
• Prime Portfolio Investments A

The shareholders of the promoters were as follows:

• The Kroks (Maxim and Martin Zane Krok who are the sons of Solly and Abe Krok)
• Casinos GmbH
• Murray & Roberts Construction
• Innovative Resort
• First Corp Merchant Bank
• Co-ordinated Network Investments

(b) Youth Investment Network was established and financially assited by Akani Leisure and the Promoters to create an opportunity for the youth to participate in casino licence applications throughout the country. Once it was established, it was offered a shareholding in Akani Leisure.

The shareholders of Akani Leisure were as follows:

• Co-ordinated Network Investments
• Siphumelele Investments
• Black Management Forum Invetment
• Youth Investments Network
• G7 Investments Holdings
• Xau Women’s Investment
• Prime Portfolio Investments A

According to the response received from the NGB, none of the members of the Youth Investment Network were employees of the Gauteng Gambling Board.

Reply:

a) In the 2015/16 financial year, the department is supporting one hundred (100) rural tourism SMMEs through the Tourism Enterprise Partnership (TEP) programme. In the second quarter 92 enterprises were supported on mentorship, business training, and marketing / market access and business development fund assistances and in the third quarter 78 enterprises were supported. The types of tourism businesses supported included accommodation establishments, restaurants, arts and crafts, tour operators and tourism attractions. The department contributed R13.5 million towards the partnership. The department has signed an MOU with the Ministry of Small Business Development to stimulate the establishment of new SMMEs, starting from the 2016/17 financial year.

b) TEP reported that 1,556 Full Time Equivalent (FTEs) jobs were created in the second and third quarter of the 2015/16 financial year.

Reply:

1. (a) According to the response received from the NGB, Mr Biyela was never an employee of the Gauteng Gambling Board.

(b) According to the response received from the NGB, Mr Mokhobo served as an Acting Chief Executive Officer of the GGB.

(c) According to the response received from the NGB, Mr Mokhobo served as an Acting Chief Executive Officer of the GGB from 01 January 1998 to 14 April 1998.

(d) According to the response received from the NGB, the position was vacant since the then Chief Executive Officer had resigned in December 1997.

(e) At the time the Board had appointed Gobodo Incorporated to assist it with the probity investigations relating to the casino licence applications in terms of section 15 of the Gauteng Gambling Board Act, Mr Mokhobo was responsible for the Gobodo investigating team. Mr Mokhobo was appointed as the Acting Chief Executive Officer whilst the recruitment process was underway. A permanent Chief Executive Officer was then appointed effective from 15 April 1998.The appointment of Mr Mokhobo did not breach any of the board’s policy concerning the conflict of interest since Gobodo was not an applicant to the Board nor licencee; and was already performing duties on behalf of the Board.

2. According to the response received from the NLC, the NLC does not know who the financial stakeholders of the applicants are as this information is not required.

3. According to the response received from the NLC, the response is no.

4. According to the response received from the NLC, the response is no. Recordings are only kept for a period of five years. The adjudication of the application was in 2008, and therefore records are not available.

Reply:

1. A. International tourism

Province	(1)(a)Tourism Figures - 2014	(b) (i)Revenue 2013 - billion	(b) (ii)Revenue 2014 - billion	b (iii) Revenue 2015
Eastern Cape	304,888	R 2.0	R 2.4	Data for 2015 is not available as yet
Free State	960,147	R 1.9	R 1.2
Gauteng	3,804,125	R 25.6	R 26.1
KZN	768,228	R 4.4	R 3.8
Limpopo	1,639,766	R 9.4	R 9.4
Mpumalanga	1,144,021	R 5.2	R 4.7
North West	508,537	R 1.7	R 1.4
Northern Cape	166,657	R 0.7	R 0.7
Western Cape	1,386,100	R 13.1	R 14.5

1. B. Domestic tourism

Province	(1)(a)Tourism Figures - 2014	(b) (i)Revenue 2013 - billion	(b) (ii)Revenue 2014 - billion	b (iii) Revenue 2015
Eastern Cape	3,2 million	R 2,5	R 3,0	Data for 2015 is not available as yet
Free State	1,0 million	R 0,7	R 1,1
Gauteng	4,3 million	R 3,6	R 4,4
KZN	5,3 million	R 6,6	R 5,2
Limpopo	7,4 million	R 4,3	R 5,5
Mpumalanga	3,3 million	R 2,7	R 2,4
North West	2,3 million	R 1,1	R 1,9
Northern Cape	0,6 million	R 0,6	R 0,5
Western Cape	1,6 million	R 2,3	R 2,8

2. Business conferencing

Province	*(2)(a)Attendee Figures	*(b)(i) Revenue due to promotion of business conferencing 2014 - million	b (ii) Revenue 2015 Revenue due to promotion of business conferencing 2015 - million
Eastern Cape	1105	R 9,4	Data for 2015 is not available as yet
Free State	2 139	R 29,8
Gauteng	12 790	R 159,9
KZN	13 265	R 111,6
Limpopo	200	R 2,2
Mpumalanga	173	R 2,4
North West	810	R 7,8
Northern Cape	0	0
Western Cape	32 384	R 455,1

*information on business conferencing is based on data received from the provincial convention bureaus on Association meetings.

Reply:

1. (a) According to the response received from the NGB, the licence was awarded jointly to Akani Egoli (Pty) Ltd (licence holder) formerly a dormant company known as Tacasa Investment (Pty) Ltd and Casino Austria International Holding GmbH (casino operator / management).

(b) According to the response received from the NGB, the directors were as follows:

• Krok Martin Zane
• Krok Maxim
• Matthews Kgomotso Regina
• Thlabi Brynner Brian
• Schutte Barend Jacobus
• Hautmann Jurgen
• Farrow John Robert Henry
• Mzizi Daniel
• Moloko Richard Thabo
• Williams Robert John
• Ndlovu Maduke Lot
• Khoza Ruel Jethro

2. According to the response received from the NGB, the answer is in the affirmative.

3. According to the response received from the National Lotteries Board (NLB) and now the National Lotteries Commission (NLC), on 3 November 2004, an application signed by one Mr. C M Till was received.

4. According to the response received from the NLC, the referees cited on the application were:

i. Mr George Bizos

ii. Mr Richard Moloko; and

iii. Mr Reuel Khoza

5. According to the response received from the NLC, the grant of R1 585 000.00 was awarded and paid in three tranches between April 2008 and August 2014 to SA Apartheid Museum with Registration Number 2001/019108/08 by the National Lotteries Board.

Reply:

1.(a) 13 Country Offices are currently in operation.

(b) The South African Tourism offices are situated in the following countries:

USA

UK

Germany

France

Netherlands

Italy (to be closed in 2016/17 financial year)

India

China

Japan

Australia

Angola (rental agreement ending August 2016)

Nigeria

Brazil (General Marketing Agent)

2. (a)

Country Office	2015/16 Budgets
1. USA	R69 069 634
2. UK	R52 316 899
3. Germany	R54 297 239
4. France	R35 939 548
5. Netherlands	R27 687 781
6. Italy	R14 771 183
7. India	R32 166 316
8. China	R26 617 535
9. Japan	R12 664 850
10. Australia	R33 239 550
11. Angola	R14 251 649
12. Nigeria	R25 035 247
13. Brazil	R23 658 828

(b)

Country Office	Number of Staff (approved headcount)
1. USA	7
2. UK	6
3. Germany	7
4. France	4
5. Netherlands	4
6. Italy	5
7. India	4
8. China	5
9. Japan	3
10. Australia	3
11. Angola	1 (Trade Relations Manager only)
12. Nigeria	4
13. Brazil	General Marketing Agent

Reply:

a) i) Incorporation of NATMAP into DOT plans

During the development of NATMAP 2050, an extensive consultation approach from the municipalities, provinces and agencies (bottom-up-approach) was undertaken and that culminated into a product informed by plans from various stakeholders.

The NATMAP 2050 Synopsis Report was submitted to the Cabinet on the 18th September 2013 and amongst others Cabinet approved that the Presidential Infrastructure Coordinating Commission (PICC) Management Committee (MANCO) and the Minister of Transport review the proposed NATMAP 2050. In line with the above Cabinet resolution, the Department has review and updated the NATMAP 2050 Synopsis Report and awaiting the Plan’s endorsement by PICC MANCO before it is resubmitted to Cabinet for approval.

NATMAP 2050 Synopsis Update specifies outcomes and strategic objectives linked to key government policies that include DOT Strategy amongst others. Its objective will be delivered by linking key proposal with broader national policy areas, the MTSF 2014-2019, NDP 2030 and National infrastructure Plan (NIP).

ii) Incorporation of NATMAP into Entities Plans

Based on the bottom-up approach that was adopted throughout the development process of NATMAP 2050,different implementing agencies will have to develop their own implementing plans in line with the intervention proposed on the Synopsis Update report. Upon submission of their strategic plans, the Minister will be ensure that implementation of NATMAP 2050 is finds a clear expression in their plans moving forward.

b) i) Implementation Monitoring

The Department will regularly monitor the implementation of this Plan by engaging implementing agents in terms of getting the report and serving on different for a or committees that will oversee the implementation of NATMAP 2050 interventions.

ii) By whom

The Branch: Integrated Transport Planning will oversee the implementation process and supported by Chief Director Macro Sector Planning and Director Master Planning,

c) Timelines

Interventions indicated on the draft NATMAP 2050 Synopsis Update documents are categorised with the following timeframes:

1. Short term: 5 years (20152020)
2. Medium term: 10 years (2020-2030)
3. Long Term: 20 years (2020-2050)

It is worth noting that the Performance Agreement between the President and the Minister of Transport, says that by June 2016, the Integrated National Transport Plan should be developed and approved.

 

Reply:

The National Disaster Management Advisory Forum meets on a quarterly basis every year.
The National Disaster Management Advisory Forum has met 27 times since 2009 as follows:

Year	National Disaster Management Advisory Forum Meeting Dates	Number of Meetings
2009	12 February 2009	3
	13 August 2009
	12 November 2009
2010	11 February 2010	4
	13 May 2010
	12 August 2010
	11 November 2010
2011	10 March 2011	4
	2 June 2011
	8 September 2011
	10 November

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