Reply:

1. Yes, investigations were conducted most recently on 04 February 2016 to determine the extent of lack of water in Jourbertina, Koukamma Eastern Cape.

(1)(a) It was discovered that the dam level is critically low at 0,5m, the storage enough to last for a day or two.

(1)(a)(i) The gravity pipeline from Joubertina to the Water Treatment Plant is exposed due to flooding.

(1)(a)(ii) The pipeline has to be relocated and other sections have several leaks and have to be repaired/ upgraded.

(1)(b) Funding was made available by my Department to relocate the exposed pipeline including plugging the leaks, Amatola Water has been appointed and is already onsite.

(1)(b)(i) This part of the project should be completed by end March 2016.

(1)(b)(ii) Further repairs to the system will be funded through Accelerated Community Infrastructure Programme (ACIP).

My Department has been involved in Koukamma Local Municipality (LM) since 2014/15 where a community water supply project was implemented to do research on existing water use within the Koukamma area, research on surface water resources within the Koukamma area, investigate raw water storage at Krakeel and investigate the condition of the Kareedouw Water Treatment Works (WTW) and on the groundwater resources within the Krakeel and Kareedouw area.

Based on the outcomes of the research done, the Water Treatment Works (WTW's) of Kareedouw was refurbished since it was basically non-functional. Several boreholes were drilled and equipped, chemical analysis of the water was done and electricity had to be provided where boreholes were drilled. Meters were also installed.

Water Conservation Demand Management (WCDM) Project was also implemented to develop a WCDM strategy. Water Safety Plans were prepared for each of the 11 water supply systems, retrofit Programme (Toilet Retrofit Project) was implemented, awareness and education program was implemented at schools, a water meter and leak audit was done for each and every town in Koukamma LM as well as water balances, marketing and publicity was done through posters, entrance town billboards, pamphlets and information.

2. Yes, my Department is providing assistance to the municipality in the following.

• A 18 000L tanker was sent to Joubertina and has been operational during
  February 2016.
• 200 X 25L of clean water was also sent to Jourbertina on
  1 February 2016
• Amatola Water has been appointed to replace and relocate a section of the exposed bulk pipeline to the town. Leaks will also be detected and repaired. The project is currently under construction.

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Reply:

(1)(a) Sekhukhune: has not yet benefited from De Hoop Dam. The Pump station and water treatment plant at the Steel Bridge as well as the main pipeline that will provide water to Jane Furse is the responsibility of the Sekhukhune District Municipality.

(1)(b) Waterberg: has not yet benefited from De Hoop Dam. Communities in the Waterberg area will only be able to receive water from the system once the Phase 2B pipeline and the extension of the pipeline from Pruissen to Sekuruwe has been installed. This pipeline is not yet constructed. This pipeline is largely commercial, and is highly contested by the Mining House. Discussions with the Mining House are now at a high level.

(1)(c) Capricorn: The communities in the Capricorn district municipal area are currently receiving water from the Olifantspoort water treatment plant which is fed from the Flag Boshielo Dam. As soon as Phase 2D, 2E and 2F are completed, water will be delivered at the Olifantspoort treatment plant from the De Hoop Dam. The current shortages of water in that area will then also be augmented through these pipelines. These phases have not yet been constructed. The project is currently at design phase.

(2)(a) Phase 2C (pipeline from De Hoop Dam to Steelpoort) is under construction and is nearing completion. Phase 2B a pipeline between Flag Boshielo and Pruissen must still be constructed to provide water to platinum mines in the Pruissen area. In order for Phase 2C infrastructure to integrate the Olifants and Steelpoort system with the remaining sub-phases, there is a need to construct the remaining sub-phases (Phase 2D, E and F).

(2)(b) Although Phase 2C pipeline for bulk raw water is projected to be finished by July 2016, for the water to reach the people other works need to be completed by the municipality. The Department will commence with the construction of Phase 2 (bulk distribution system, phase 2D, E and F) in the 2016/17 financial year. The Department is in the process of engaging the municipalities involved in order to assist with the acceleration of reticulation so that the process can run parallel with bulk distribution. It must be noted that the pipelines will not be able to supply water to the villages if the three Water Treatment Plants in the area are not refurbished/ rehabilitated.

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Reply:

By using the names provided, the department could not trace any contracts awarded to the names mentioned.

Please take note that the information is insufficient as the Department requires either the ID number(s) of the individuals or the names of their companies.  It should however be noted that once the above information is provided, the Department will be able to reply to the enquiry.

Reply:

(1)	(a)	The land on which SAFCOL operates is owned by the state, through the Department of Agriculture, Forestry and Fisheries (DAFF). SAFCOL, through its subsidiary, Komatiland Forests operates on a land area covering 187 320 ha of which 121 000 ha is planted.
	(b)	61% of 187 320 ha is under claim. This works out to roughly 114 265 ha.
(2)	(a)
		Limpopo Mpumalanga KwaZulu Natal Total No. of claims 14 17 1 32 Research 1 13 0 14 Gazette/Negotiation 13 4 1 18 Settled 3 0 0 3 Transferred 0 0 0 0
	(b)	Claimants Province / Municipality Affected Plantation/ Hectares Status of the claim Ludlambedlwini Community MP – Gert Sibande (GS) Jessievale (still to confirm) Further research, claimant verification. Enikwakuyengwa Tribal Authority MP Redhill (2751 ha) Currently being researched Esandleni Community MP Redhill (14 472 ha) Requires further research Dladla Community MP Robernia (900.53) Further research Enkhaba Community MP Redhill (933.18) Negotiations stage Makhubu Family MP Blairmore (256.95) Negotiations Dladla Community MP Robernia (2320) Research is being conducted. Dladla & Thanjekwayo Communities (2 KRP) MP Robernia (5168) These are competing claims (Claims are being researched) Claimants Province / Municipality Affected Plantation/ Hectares Status of the claim Dladla & Thanjekwayo Community MP Robernia (1997.49) Competing claims, research is being conducted. Dladla Community MP Robernia (1419) Research being conducted Dladla Community MP Robernia (2482ha) Research being conducted Kaapschehoop Community MP Berlin (to be confirmed) Negotiations Mawulu Community MP Berlin (to be confirmed) Partially settled PDT & Mapulana Tribe MP (Ehlanzeni Municipality) Bergvliet (4621 ha) Research Pilgrims Rest Dev Trust & Mapulana Tribe MP Blyde (6600 ha) Research PDT & Marole Communities MP Frankford (4322 ha) Research Morgenzon Community MP Morgenzon (5356 ha) Research Mnisi Clan/Umjindi Community/Hlatshwayo MP Nelshoogte (9716) Research Witklip Community MP Witklip (2311 ha) Gazetted Sgudla Family MP Zwartfontein (to be confirmed) Research Tshakhuma Phase 1 Limpopo Entabeni (516 34 & 553 56)) Settled Ravele Phase 1 Limpopo Entabeni (502 93 & 5553.56) Settled Ravele Phase 2 Limpopo Entabeni (3876.94) Negotiation Ratombo Phase 1 Limpopo Entabeni (271.84) Settled Makgoba Limpopo Woodbush (to be confirmed) Research Tshakhuma Phase 2 Limpopo Entabeni (3876 ha) Gazetted Vuvha Limpopo Entabeni (3876) Gazetted Maguada Limpopo Entabeni (3876) Gazetted Lwamondo Limpopo Entabeni (3876) Gazetted Vhutshavhelo Limpopo Entabeni (3876) Gazetted Claimants Province / Municipality Affected Plantation/ Hectares Status of the claim Shanzha Limpopo Entabeni (3876) Gazetted Songozwi Limpopo Hanglip (693.18 & 130.21) Near approval by RLCC Matidza Limpopo Hangklip (1851) Valuation stage Vondo Limpopo Entabeni (1326) Gazetted, referred to Court. Tshiheni Limpopo Entabeni (tbc) Gazetted, referred to Court. Mukumbani Limpopo Entabeni (tbc) Gazetted, referred to Court. Tshidzhivhe Limpopo Entabeni (tbc) Gazetted, referred to Court. Fondwe Limpopo Entabeni (tbc) Gazetted, referred to Court. Murangoni Limpopo Entabeni (tbc) Gazetted, referred to Court. Khalavha Limpopo Entabeni (tbc) Gazetted, referred to Court. Vondo la Thavha Limpopo Entabeni (tbc) Gazetted, referred to Court. Lutanze Limpopo Entabeni (tbc) Gazetted, referred to Court.
	(c)	as per the table in 2(b) above.
	(d)	as per the table in 2(b) above.
(3)	(a)	The Shannon properties, totaling 12 503 9657ha has been transferred to Kalanyandza Trust in Mpumalanga.
	(b)	The Department of Rural Development and Land Reform (DRDLR) is best positioned to answer this question, as they are managing the process.
(4)	The Department of Rural Development and Land Reform (DRDLR) is best positioned to answer this question, as they are managing the process.

Reply:

(a)   Multiplex 3 network does not belong to ICASA. ICASA regulates and facilitates the deployment of Multiplex 3 network as prescribed in the approved digital terrestrial television (DTT) Regulations and Terrestrial Broadcasting Frequency Plan of 2013.

(b)  The capacity of Mux 3 is earmarked for a new subscription television licensees and a new Free-To-Air (FTA) licensee with an allocation capacity of 45% and 55%, respectively. Licensing processes in respect of 45% capacity for subscription broadcasting service is currently underway. The licensee will select a signal distributor build the Mux 3 network. The selected signal distributor is expected to also distribute the 55% Mux 3 capacity that would be assigned by the Authority pursuant to finalisation of a process to license additional FTA licensee through a commercial arrangement and without prejudice.

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(1)(a) The Cederberg Municipality has been appointed as the implementing agency for the Elands Bay Infrastructure Improvement Project.

(1)(b) The Cederberg Municipality submits monthly progress on project deliverables; Expenditure per budget item and EPWP employment details

(2)(a) Yes.

(2)(b) Yes.

The Cederberg Municipality is a public entity and the EPWP makes provision for the appointment of public entities and municipalities and other organs of government as implementing agencies.

(3)(a) Monies for the employment of the military veterans were allocated from Expanded Public Works Programme/Working for Fisheries Programme.

(3)(b)(i) The management of the Marine Anti-poaching Project (MAPP) Marine Anti-poaching projects was included as an additional deliverable.

(ii) Twelve Million and Five Hundred Thousand Rand (R12 500 000) was allocated to the Marine Anti-poaching project.

Reply:

Yes the MDDA has over the years published in its annual report details on all projects that have been funded from the Print and Digital Media South Africa (PDMSA) funding and these reports have been made available to the PDMSA, which has a representative in the MDDA Board.

a) The details included the name of the project; whether it is a magazine or newspaper; the district municipality; the province; the language of the publication; the nature of funding allocated - e.g printing, distribution, operational costs etc; and the grant amount allocated.

b) The print media can monitor the funding allocated by reviewing the Grant in Aid Agreements signed with individual projects, reviewing MDDA Monitoring and Evaluation reports, requesting copies of the publications and reviewing annual reports.

c) Yes, the MDDA is in a process of meeting all the print funders, and finalising commissioning an impact assessment study, which will be shared with the investors including the Government.

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(a) The percentage of the total procurement in the DoC is:

(i) 57.98%

(ii) 0%

(b) GCIS

(i) 64.76

(ii) 0%

SABC

(i) 12%

(ii) 0%

MDDA

(i) 100%

(ii) 0%

Brand SA

(i) 22%

(ii) 0%

ICASA

(i) 40%

(ii) 0%

FPB

(i) 81.4%

(ii) 0%   

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

The Department has not awarded any contract to companies directly or indirectly owned by the said persons.

 

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

(a) The water supply systems that were assessed in 2014-15 financial year were totaling at 842 waste water collector and treatment systems and the results have been published in the 2014 Green Drop Report. This information is also available on my Departmental website at www.dws.gov.za/Dir_WS/GDS/News/NewsDefault.aspx

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Reply:

(a) The Council for Scientific and Industrial Research (CSIR) has been appointed to develop a dam basin management strategy for my Departmental dams, which will inform on where dredging and/or other operative methods could be employed to address the siltation phenomenon. Hazelmere Dam and the Welbedacht Dam are some of the dams subjected to the study which will inform this strategy and subsequent operational strategy development.

(b) The time lines and costs for each siltation management operations plan will be informed by the output of the CSIR project.

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Reply:

(a)(i) 16 814

(a)(ii) 1345

(b)(i) 3282 are unskilled workers; 5069 workers are semi-skilled; 6258 workers are skilled; and 2205 workers are supervisory and/or management.

(b)(ii) 0 unskilled workers; 0 semi-skilled workers; 1087 skilled workers; and 258 workers are supervisory and or management.

Reply:

a) (i)- (iv) The SABC paid a total of R543 873 573.26 to collect television license fees.

b) For the same period, the SABC generated a total revenue of R3 647 764 688.63 from the collection of television fees.

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

The legislation quoted speaks to the Road Safety Council and not to traffic calming measures. It must be noted that the latter can even cause more dangerous situations on urban and rural mobility roads as per Road Classification and Access Management Manual (TRH26). With regard to the bolt down type speed-bumps, the department cannot be seen as promoting individual products, but will set norms and specifications as per SABS.

Reply:

From 1 April 2015 to date, the Department used the Preferential Procurement Regulations 2011 for procuring goods, which does not make provision for set aside towards the targeted suppliers for procurement of goods, services and works. The Preferential Procurement Regulations 2011 makes provision for the award of the contract after technical evaluation (where required), price and BBBEE status and therefore procurement was not done in terms of the Small, Medium and Micro-sized Enterprises (SMMEs), co-operatives, as well as township and rural enterprises based on set aside provision.

 

Reply:

1. The department is not investigating any individuals or companies that are running public transport operations.

2. The department informs me that they are not aware of any intimidation in the transport sector, and has no details on this matter

Reply:

a) The National Rail Safety Strategy will be finalised during the 2016/17 financial year.

b) The Strategy will be tabled in Cabinet by March 2017.

Reply:

a) (i) On the 26 July 2012

(ii) Mafori Financing t/a Swifambo Rail Leasing

b) R3.5 Billion

c) The time lines were 42 months from the date of initial payment which was 31 March 2013

(i)(ii)(iii) The seller was to complete, adjust and test the locomotives, including all material and components used for the manufacturing of the locomotives, both abroad before shipping and within South Africa in strict adherence to the agreement and to ensure that each of the locomotives supplied shall be fully operational and ready for use by PRASA.

d) The locomotives were going to be used on the mainline long distance services, whereby the main hub is Johannesburg, hence locomotives would be allocated in Gauteng, Durban, East London and Cape Town.

Reply:

The legal basis, background and motivation for these payments are set out below:

a. Compensation payments to the taxi industry or any other public transport operator affected by the introduction of BRT Services, are based on provisions of Section 41(1)(a) of the National Land Transport Act 5 of 2009 (NLTA). Such compensation is for the loss of business rights when the affected operators’ services are terminated and replaced by the BRT systems. The implication of the current Compensation Agreement is that regardless how long the dispensation will last, it will not increase the eventual total agreed compensation cost. It is therefore merely a re-arrangement of the timing of compensation payments. The target date for the last Permanent Compensation Agreement is no later than the second quarter of 2016.

A Memorandum of Agreement (MoA) was signed with the Taxi Industry during May 2013. The MOA provided for a structured approach with regards to engagements with the affected taxi industry.

The negotiations were undertaken with the affected taxi operators per implementation phase, in conjuction with the broader taxi representative structures to ensure peaceful engagements and to avoid the emergence of splinter groups due to lack of proper information dissemination within a volumenous industry such as the taxi industry. This approach proved to be effective in that even those operators that are not affected became fully conversant with the implementation of the BRT within their area of operation.

b & c

The affected taxi operators were all identified on the proposed BRT line and are being engaged in line with each implementation phase as approved by Council. The City of Tshwane implemented their Phase 1A between the Pretoria CBD and Hatfield during November 2014 and identified 3 taxi associations operating along that route. Compensation negotiations were finalised and agreement was with affected operators from the 3 taxi associations. Negotiations have commenced with an additional 3 taxi associations affected by the planned implementation of Phase 2A. It is envisaged that agreements will be concluded with the affected taxi operators from the 3 associations.

d. An interim compensation package was agreed in November for Phase 1a to Hatfield. The compensation negotiation for Phase 2a to Wonderboom is currently underway and is expected to conclude before the end of March 2016

NW433E

Reply:

 

a) Reasons for the dedication of existing car traffic lanes for the BRT system are best addressed under the NLTA, no. 9 of 2009 wherein public transport systems are to be promoted over car based transport systems in urban areas. This is also a well recognised approach internationally under the sustainable transport agenda where the most optimum use of road space is gained through the promotion and development of public transport systems.

The City of Tshwane IRPTN (Integrated Rapid Public Transport Network) Strategy also adopts this policy position. The policy is however also reflective of the need to provide sufficient capacity on its road network for all users and in this regard even where a lane of traffic is dedicated to public transport the junction capacities along a particular corridor are protected in so far as is possible.

b) (i) & (ii)

In regard to the specific issues raised in the above question the City appointed a reputable consulting engineering company to undertake a TIA (traffic impact assessment) of the specific BRT project (Lynwood Road / Atterbury Road to Menlyn). The results of which confirm the adequacy of the surrounding road network to cater for the allocation of a general traffic lane to a BRT lane on Atterbury and Lynwood Roads. However, mitigation measures are also proposed to maintain junction capacities on these roads.

c) The allocation of existing car lanes to BRT reduces capital costs of the project, eliminates the need for extensive property expropriation, makes more efficient use of roadspace (as a general traffic lane will only carrying 1000-1500 passengers per hour whereas the BRT lane can carry up to 6000 passengers per hour) and most importantly promotes the use of public transport by existing car users.

d & e)

The report will be finalised by 12th March 2016 and will be processed by the Municipality, after which it will be realised to the public.

NW425E

Reply:

The table below provides the number of fatal crashes and fatalities with minibuses, per financial year, as received from the Road Traffic Management Corporation.

Period	Crashes	Fatalities
April 2014 - March 2015	425	590
April 2015 - Jan 2016	740	1024

The information above depicts that there were 425 fatal crashes with 590 fatalities during 2014/15 financial year. For financial year 2015/16 there were 740 fatal crashes involving minibuses with 1 024 fatalities.

Reply:

(a) (b)From analysis of road crashes over the years and law enforcement operations it has become clear that certain offences are committed repeatedly and consequences are strong enough in deterring road traffic offenders from engaging in dangerous behaviour.

Reply:

(1) (a) (i) (b) (c) (d) (i) (ii) and (2)

Only the Director General attended the budget speech on 24 February 2016. He was in Cape Town at the time of the event attending other Parliamentary meetings and therefore the department did not incur any additional cost in this regard.

Entities Response

1. (a) (ii) (iii) (iv) (c) (d) (i) (ii)

The CEO of the NEF attended the budget speech on 24 February 2016 at a total cost of R7419.44 which relates to her travel. No costs were incurred for car rental and accommodation. No other entity attended the budget speech.

2. 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) What was the road safety strategy during the 2015/16 festive season

The objectives of the 2015 National Road Traffic Safety Festive Season Plan was to:

• Ensure high levels of visible traffic law enforcement on all major routes on a 24 hour 7 days basis;
• Maximize the impact of education and law enforcement operations by heightening the level of seamless operations;
• Sensitize road users about their road safety responsibility through communication and shock therapy techniques;
• Increse the presence of law enforcement officers on our roads through the deployment of high a level support team to the provinces;
• Provide on time auxiliary services to the deployed forces through the National Road Traffic Joint Operations Centre; and
• Deploy undercover anti-corruption officers to ensure ethical conduct by officers and road users.

The focus of the strategy was on the following areas -:

• Impaired Driving – Alcohol, Drug abuse, Fatigue
• Dangerous Driving - Excessive Speed, Dangerous Overtaking, All moving violations
• Occupants Safety - Front and Rear seatbelts, Child Restraints
• Public Transport - Passenger Transport, Freight Transport
• Vulnerable Road Users - Visibility, Drinking and Walking, Jay walking, Distracted Walking
• Vehicle Fitness - Road Blocks
• Road Traffic Information - Verified data

(b) (i) The targets are informed by the goals set out in United Nations Decade of Action for Road Safety which commits the country to reduce road crashes and fatalities by 50% from 2010 to 2020.

(ii) the processes included a comparison undertaken with previous year’s data, in terms of the reduction of road crashes and fatalities. Other traffic information included vehicle population, traffic volumes as well as the human population in the analysis.

(iii) To measure the success of the strategy, data is collated during the festive period. This information is analyzed to identify new trends and causes of crashes. A report is then produced with all the factors that contribute to fatalities over the period

(c) What was the outcome in each case?

A closer look at the road crashes and fatalities over the 2015/16 festive season depicted the following trends.

• Small motor vehicles accounted for 47.9% of total crashes during this season, followed by light delivery vehicles at 22.7%, minibuses or combis at 10.1% and trucks contributed 4.8%.
• The majority of people who died were passengers at 38.3%, followed by pedestrians at 34.9%. Drivers contributed 23.9% of the fatalities and cyclists 2.8%.
• The age group with the highest percentage fatalities in the categories: drivers, passengers and pedestrians is 25 to 39 years, accounting for about 47,9% drivers fatalities, 38.5% passengers fatalities and 34,3% pedestrians fatalities respectively. Children aged from 0 – 4 contributed 10.4% of pedestrian deaths.
• The gender mostly affected, was males with a contribution of 74.4% to total fatalities. Females represent 25.2% of the fatalities. Very disturbingly, of this number 81.4% is apportioned to Blacks while the rest represents Coloured, Whites, and Asians.
• The gender of 0.4% of the deceased was undetermined because they were burned beyond recognition.
• Most crashes occurred on Friday, Saturday and Sunday.
• The highest number of fatal crashes was recorded on Saturday at 22.2% of the total fatal crashes, followed by Friday and Sunday with 18.8% and 16.9% respectively.
• A new phenomenon was observed in the 2015/16 festive period where 51.4% crashes occurred between 14H00 and 23H00. This stark contrast to the norm might be attributed to the relentless and resilient implementation of the 24/7 law enforcement.

Key factors that contributed the most to the fatalities were jay-walking, speed that was too high for circumstances, overtaking in the face of oncoming traffic, hit and run accidents, driving under the influence of alcohol, tyre bursts, faulty brakes, and smooth tyres. Sharp bends, wet surfaces and poor visibility also played a significant role in the contributing factors.

Reply:

a) Geotechnical investigations will be conducted in the 2016/17 financial year due to the budget constraints that limit the widening of the road.

b) (i) (ii) The road is in a fair condition however the routine maintenance contractor will attend to routine road repairs by the second quarter of 2016/17 to ensure the road is trafficable.

Reply:

Information on exports of gold is classified and, as such is not reported on in terms of the South African Revenue Services (SARS) values and quantities, consequently it is also not reflected in the dti trade database. The South African Reserve Bank (SARB) though does track information on gold, however it only measures change in ownership and not the physical movement of goods across borders, as general SARS reporting does. We have requested data from these authorities responsible for the management of data on exports of gold, namely, the South African Revenue Services, as well as the South African Reserve Bank in order to compile a response to these questions. We request two weeks extension for submission of response to these questions.

Reply:

1.1 The Protected Disclosures Act, 2000 (“the Act”), aims to protect employees from being subjected to occupational detriment on account of having made protected disclosures. The Act also establishes procedures in terms of which employees may disclose information regarding workplace improprieties. The Protected Disclosures Amendment Bill, 2015 (“the Bill”), which was introduced into Parliament on 8 December 2015 aims, among others, to extend the ambit of the Act beyond the traditional employer and employee relationship and to grant an employee who makes a protected disclosure immunity from criminal and civil liability.

1.2 The proposed amendment of section 1 of the Act aims to bring about an extension of the ambit of the Act. The ambit of the Act is determined in terms of the definition of “employee” which essentially restricts the application of the Act to the traditional employer and employee relationship. Independent contractors are expressly excluded from the provisions of the Act. Since there is a notable increase in the use of part-time and temporary workers coupled with the trend of outsourcing, the restricted definition of “employee” excludes a growing number of people from the ambit of the Act. The aforementioned category includes independent contractors, persons employed by temporary employment services and former employees.

1.3 The proposed new sections 3A and 3B aim to introduce joint liability and a duty to inform employees who make disclosures whether such disclosures will be investigated or not. As far as joint liability is concerned the introduction of the definition of “worker” gives rise to the situation that a worker who is rendering services to a client will have two ‘employers’. This will mean that if a protected disclosure is made by a worker who is employed by an agency to either the agency or to the institution where he or she works and the entity to which the disclosure has been made meets the disclosure with an occupational detriment, the worker will be entitled to the remedies provided in terms of the Act.

1.4 A number of employees who make protected disclosures experience difficulties where they, in the absence of an obligation to give feedback or to be notified, are not notified of a decision not to investigate the disclosure or of a decision to refer the matter to another body to investigate, or the outcome of an investigation. The proposed new section 3B aims to give effect to the aforementioned.

1.5.1 The restrictive nature of the remedies currently provided for in terms of section 4 will also, in view of the proposed extension of the ambit of the Act, receive attention. The section 4 remedies, read with the Labour Relations Act, 1995 (Act No. 66 of 1995), are limited to “employees” in the strict sense and do not cater for independent contractors, consultants and agents. The proposed amendment of section 4 therefore aims to ensure that workers (independent contractors, consultants and agents) will also be enabled to exercise certain remedies if they are subjected to occupational detriment as a result of having made protected disclosures.

1.5.2 The proposed new section 4(1B), for example, will make it clear that a court may order an employer to pay compensation or actual damages to an employee or worker and further provides that a court may issue an order directing an employer to take steps to remedy the occupational detriment.

1.6 Clause 10 of the Bill aims to introduce a new section 9A in the Act which deals with the exclusion of civil and criminal liability. Since the Act does not protect persons from criminal or civil liability, it is argued that the introduction of such protection would help achieve one of the aims of the Act, namely, to facilitate and encourage disclosures. It should be noted that the new provision does not introduce blanket immunity. The need to protect certain information either in the national interest of the country or in the interest of the livelihood of an employer militates against granting blanket immunity from liability for disclosures relating to all improprieties provided for in the Act. Exposing an employer to such a risk would only be justified where the content of the disclosure is sufficiently serious, namely, where the disclosure relates to the commission of an offence. Immunity from civil and criminal liability will, in terms of the proposed new section 9A, not be automatic but will be granted subject to the discretion of the court in which an action is brought.

The Department of Correctional Services (DCS) has ensured that officials are informed of the protected ways of reporting corruption and fraud through workshops and displayed posters. The DCS Whistle-blowing Policy which is informed by the Protected Disclosure Act provides the whistle-blowers of the process to be followed when reporting, for example, the relevant telephone numbers are provided where one can report, and also one is at liberty to remain anonymous when reporting if she/he fears victimization.

A Departmental Investigation Unit (DIU) was established in terms of Section 95A of the Correctional Services Act, Act 111 of 1998, as amended by Act 25 of 2008.

                                                                                                                             

Reply:

1. Expenditure by the department for advertising space in the New Age newspaper are as follows:

(a) 2012/13 financial year:

(i) 7 adverts

(ii) Total amount of R 393 922.30

(b) 2013/14 financial year:

(i) 3 adverts

(ii) Total amount of R 206 325.18

(c) 2014/15 financial year :

(i) 5 adverts

(ii) Total amount of R 378 511.92

Reply:

The Department of Small Business Development (DSBD) does not have any frozen posts on the current establishment.

Reply:

I wish to inform the Honourable Member that The Presidency and the Department of Planning Monitoring and Evaluation did not award contracts to companies owned by the mentioned persons in the financial years in questions.

Reply:

Minister Zokwana has a signed performance agreement that is translated into a Medium Term Strategic Framework for a 5years period. This is broken down into an annual performance plan.

These documents form the basis of the department being held accountable by Parliament on a quarterly basis and also held accountable by the public. The performance agreement of the Minister is therefore publicly assessed through the Portfolio Committees on a regular basis.

Additionally, the Public Finance Management Act (PFMA) compels all the Executing Authorities to subject their departmental expenditure to the Auditor General. This again is a measure that ensure full accountability to the public funds.

Reply:

(1) My department draws from models designed in collaboration academic and research institutions within the Climate Change and Disaster Risk Management fields. These institutions provide climate projections for long term adaptation and mitigation scenarios to assist the Department of Agriculture, Forestry and Fisheries (DAFF) on the development of short – long term planning and strategies. Furthermore, the department in collaboration with the Agricultural Research Council (ARC) commissioned a research on “Sensitivity of crop suitability to climate change in South Africa” which addressed the potential shift of climate regions over South Africa and the potential shifts in crop production areas, driven by projected changes in temperature and rainfall.

The product of these models is disseminated on monthly basis to alert farmers on the seasonal forecast as well as suggested measures/strategies to prevent and mitigate against the impact of hazards and disasters under the auspices of the National Agro-meteorological Committee (NAC) chaired by DAFF. These contribute in the implementation of disaster risk management measures founded on prevention and mitigation as provided for under the Disaster Management Act, 2002 (Act No. 57 of 2002).

2. My department draws from models designed in collaboration academic and research institutions within the Climate Change and Disaster Risk Management fields. DAFF utilises the products of the models to advise the agricultural sector to plan ahead as well as the required measures in their farming practices. Furthermore, the daily extreme weather warnings issued to the agricultural sector are aimed at assisting farmers to be prepared for the pending hazards on the short-term for prevention and mitigation to ensure minimal impact to the sector.

3. As stated on items 1 and 2 above, the department issues advisories and warning messages to the farming sector as received from expert agencies such as SAWS and the ARC. As you will recall, the press release issued by DAFF on 3 November 2015 already reported on heat waves that occurred in September and October 2015 and provided advice on mitigation measures. This press statement further indicated the expected above normal temperatures and farmers were advised to implement precautionary measures to mitigate the impact associated therewith. The NAC Advisories further emphasised these conditions on monthly basis including the provision of precautionary measures. The NAC meeting held on 17 February 2016 deliberated on the observed weather conditions including on the above average temperatures where provinces were further advised to encourage the farmers to implement precautionary measures to mitigate these conditions. The outcomes of this meeting will be circulated to all involved including to the farmer organisations.

4. The mandate on climate resides with the Minister of Environmental Affairs. My Department is a user department. The department’s response to climate change in terms of the Sector Plan alluded to above is geared at addressing climate change across the country in line with national, regional and international frameworks. Based on the long term prediction scenarios, DAFF developed Climate Change Sector Plan for the implementation of an effective climate change adaptation and mitigation programme for the sector in compliance with the National Climate Change Response White Paper (NCCRWP, 2012) and in conformity with the Disaster Risk Management system. Some provinces have also developed climate change plans for their local scenarios which further assist in addressing the negative impact of climate change.

Climate change is a cross cutting issue and affects us all hence the need for the involvement of all role players and relevant stakeholders.

Reply:

The Presidency procured 44%, and the Department of Planning Monitoring and Evaluation procured 22.8% from SMMEs in the period in question.

Reply:

The Policy of set aside has not been implemented as yet by the National Treasury. Therefore, it is not possible to supply information with regards to (i) SMMEs and (ii) co-operatives from 1 April 2015 up to the latest specified date.

However, the Department does keep record of quotations awarded from R10 000 to R500 000 and bids awarded above R500 000 in terms of B-BBEE. Attached herewith is Annexure A with regards to bids awarded from 1 April 2015 to 31 December 2015 and Annexure B quotations awarded from 1 April 2015 to 31 December 2015.

Reply:

The Presidency and the Department of Planning Monitoring and Evaluation did not buy advertising space in The New Age newspaper in the period in question.

Reply:

(1) (a)(i) and (ii). The procedures to be followed to obtain concessions and accommodations for learners in all grades, at school, are outlined in the Policy on Screening, Identification, Assessment and Support (SIAS) of 2014. Once a learner has been identified as needing additional support, the class teacher can apply a range of curriculum support mechanisms as outlined in the Support Needs Assessment Form 2 (SNA 2). One of these support mechanisms is to apply accommodations in assessment. Decisions on how the school will co-ordinate these accommodations are co-ordinated by the School-Based Support Team and tracked through the Individual Support Plan that has been developed for learners who have additional support needs. All decisions on how accommodations are applied in School-Based Assessment and Exams must be approved by the District-Based Support Teams.

(b)(i) and (ii) (aa) and (bb) The procedures for administration of concessions and accommodations in the conduct of any tests or examinations related to the National Senior Certificate, including examinations conducted by Provincial Education Departments, are outlined in Annexure C1 of National Policy Pertaining To The Conduct, Administration And Management Of The National Senior Certificate Examination (2014). The Policy outlines who is eligible to apply for accommodations and concessions, which mechanisms are available, what procedures should be followed to submit an application and which structures and officials are responsible for verifying and approving the application. The Policy states that “the assessment of the learner must be verified and confirmed by the District-Based Accommodation/Concessions Committee. Together, the School-Based and the District Based Accommodation/Concessions Committee will determine the form and level of support required. The information on the prescribed forms plus the necessary documentation compiled by professional experts, must be submitted to the Provincial Accommodation/Concessions Committee (established by the Head of Department) where, if approved, the necessary support will be captured on the Assessment and Examinations IT System.”

(2) Yes. The appeal process is outlined in Paragraph 2 (8) of Annexure C1 of National Policy Pertaining To The Conduct, Administration And Management Of The National Senior Certificate Examination (2014) which states that “an accommodation/concession decision may be appealed to the Head of the Provincial Education Department within two months of receipt of the original decision.” The Department reserves the right to request further assessment, if necessary.

(3) Provincial guidelines on the administration of the accommodations are being used by Provincial Education Departments. A National Guideline that aligns and co-ordinates all procedures are currently being finalised by the DBE. Training of officials at all levels of the system on the SIAS Policy, is in progress and includes the administration of accommodations in assessment. The training on the Guidelines on Accommodations, to be conducted by the DBE in 2016, together with the monitoring by the DBE will ensure that there is uniform application of this Policy.

(4) (a) Officials who serve on the District-Based Support Teams that review all applications, should be appropriately qualified specialist professionals such as education psychologists or learning support specialists.

(b) Provinces have conducted training on the administration of the Policy. This training will be extended and improved during the national training programme that will be conducted in 2016 as mentioned in Paragraph 3.

Reply:

1. No SANS for e-tolling has been declared a legal metrology regulation. SANS1795-5 specifies mechanical, electrical and operational requirements for data capturing and recording equipment that is intended for road traffic law enforcement and prosecution purposes. The scope of SANS1795-5 does not include legal metrology requirements. In addition, SANS1795-5 is required to be read in conjunction with SANS1795-0. The scope of SANS1795-0 also refers to mechanical, electrical and operational requirements for speed measuring equipment and associated speed measuring systems that are intended for traffic law enforcement and prosecution purposes. Therefore in the opinion of the dti neither SANS 1795 5 or 0 is not valid and applicable to the Gauteng e-tolling instruments.

Legally, the declaration of the SANS is guided by the requirements set in Section 22 (2) c of the Legal Metrology Act until such time regulations are developed.

2. SANS 1795-5 has not been declared applicable for e-tolling instruments. SANS is referenced in the Road Traffic Safety Act which the National Department of Transport (NDoT) is the custodian of. Therefore the regulatory authority responsible for legally declaring SANS 1795-5 mandatory or compulsory including its enforcement would be NDoT.

Reply:

The Minister of Social Development was involved in various Departmental and outreach programmes during the 2015/16 financial year. The additional funding allocated as part of the 2015 Adjusted Estimates process, was mainly for the following activities:

May 2015

• Post National Council of Provinces (NCOP) budget vote event, in Parliament, CPT
• Opening of an ECD, KwaLanga CPT
• DSD NCOP Budget vote
• Post NCOP Budget vote, Parliament, CPT
• MINMEC meeting
• Child Protection Week Activities

June 2015

• Opening address on the Day of the Africa Child
• International Day on Families
• DSD youth day celebration

July 2015

• International Day Against Substance Abuse, Eersterust ,PTA
• World Population Day

August 2015

• Launch of Cooperatives, Popo Molefe Informal Settlement, Rustenburg
• Launch of Food Security programme, Free State

September 2015

• National Summit on Social Development White paper, Boksburg
• 70th session of the UN general debate, at General assembly, NY (New York)

October 2015

• Active Ageing Programme
  • International day to Old Persons
  • Grandparents day
  • Ministerial Luncheon with Gauteng struggle veterans
  • 3rd National Parliament for Older Persons
  • 1st National Choir Festival
  • AGM of South African Older Persons Forum/ Conference of Older Persons

November 2015

• HIV/Aids Awareness Campaign
• Disability Month activities
• Launch of Community Nutrition and Development Centers (CNDC’s)
• Meetings of Minster and MEC (MINMEC)
• Various provincial Mikondzo Imbizos (DSD Services)
• 7th African Population Conference

December 2015

• Anti – Substance Abuse Festival Campaign, Durban

Reply:

(a) There are no lawyers (i) who have been reported to the law society and (ii) successfully prosecuted for (aa) hiding the must-mediate requirement of section 6(4) of the Children’s Act, 2005 (Act No. 38 of 2005), from their divorcing clients and (bb) for selling a litigation strategy. A relationship between a client and his or her legal representative is privileged and therefore it is not possible for the Department to be aware of the conducts in question unless it is reported to the Department by either the clients or some other whistle blower who has inside information. In this regard, no cases have so far been reported to the Department. (b) The protection of children involved in a divorce is regulated by section 6 of the Divorce Act, 1979 (Act No. 70 of 1979) section 4 of the Mediation in Certain Divorce Matters Act, 1987 (Act No. 24 of 1987). It is therefore not necessary for this matter to be regulated under the Children’s Act.

Reply:

1. The Department has developed draft amendments to the Older Person’s Act 13 of 2006. Consultations were done in provinces during the past year.

In terms of the legislative process, the provincial departments and interested NGOs will make inputs again once the draft Bill has been gazetted for public comments and during public hearing conducted through Parliamentary processes.

2. The time frames for feedback will be determined in the gazette itself.

3. The finalised draft Bill will be submitted to Parliament by 31 March 2017.

Reply:

(a) The Department of Higher Education and Training appointed Nexus Forensic Services on 23 September 2015 to conduct an investigation into allegations of fraud and corruption in the allocation of the National Student Financial Aid Scheme loans and bursaries at ten identified public higher education as well as Technical and Vocational Education and Training institutions.

(b) (i) The investigation is expected to be concluded within a period of 12 months from the date of the appointment of Nexus Forensic Services.

(ii) The forensic investigation is conducted within the legal framework of the Constitution and applicable legislation, taking into account any limitations in order not to infringe individual rights. Once the report has been received and after applying due diligence, a decision will be made on releasing of the report.

 

 

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 331 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Yes the Department of Agriculture, Forestry and Fisheries has completed the development of the Agricultural Drought Management Plan. The plan will form part of the strategic and/or overarching Agricultural Disaster Risk Management Plan.

(b) (i) The draft Agricultural Drought Management Plan went through the sectoral consultative process and was finalised is currently going through the departmental processes or/and structures for approval to become a policy document.

ii) The draft plan is currently being implemented whilst waiting for all the structures/processes to be completed for approval as policy document. The implementation of the plan is as per the draft Agricultural Disaster Risk Management Plan Disaster Management Act, act 57 of 2002, Disaster Management Amendment Act, act 16 of 2015, and the Disaster Management Framework of 2005 mandate and prescripts, in line with agricultural production related policies and with the Climate Change Sector Plan for agriculture.

Reply:

(a) The Department of Basic Education has not spent money on advertising in The New Age newspaper,

i) N/A

ii) N/A

(b) The Department of Basic Education has not spent money on advertising in The New Age newspaper,

i) N/A

ii) N/A

(c) The Department of Basic Education has not spent money on advertising in The New Age newspaper,

i) N/A

ii) N/A

Reply:

1. (a) The students of the Vukani Aviation Project have not been abandoned as the Department is in the process of sourcing an alternate school for the cadets. To date presentations have been received from flying schools and the Department is in the process of finalising the selection of an alternate school.

(b) The Department is in contact with the students, informing and updating them of the progress made in securing alternative training with the last being on 4 January 2016.

2. (a) Yes, the students have always been assured that the Department has their interests at heart and that they will be awarded an opportunity to complete their respective training.

(b) The Department has on several occasions during meetings held with the students expressed its displeasure surrounding the circumstances that emerged from this project and have assured the cadets that this matter will be finalised in their favour. The Department has fully and comprehensively explained the situation to the students.

3. The contract between Vukani Aviation and the Department ended in December 2015, and the service provider is in the process of submitting a closeout report. It is important to note that payments to service providers are only processed on performance and delivery of programmes. Upon receiving the closeout report, the Department will determine whether there is any amount owed to the service provider.

4. The training provider has been fully accredited by the South African Civil Aviation Authority (SACAA) and the Department believes that only SACAA has the authority to take legal steps against the training provider if any air safety regulations have been flouted.

5. This matter lies within the competency of SACAA and it is suggested that this question be directed to SACAA.

 

Compiler/contact persons:

Contact number:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 338 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Yes the Department of Agriculture, Forestry and Fisheries has completed the development of the strategic and/or overarching Agricultural Disaster Risk Management Plan.

a) The draft strategic and/or overarching plan went through the sectoral consultative process and was finalised. It is currently going through the departmental processes or/and structures for approval to become a policy document.

b) The draft plan is currently being implemented whilst waiting for all the structures/processes to be completed for approval as policy document. The implementation of the plan is as per Disaster Management Act, act 57 of 2002, Disaster Management Amendment Act, act 16 of 2015, and the Disaster Management Framework of 2005 mandate and prescripts, in line with agricultural production related policies and with the Climate Change Sector Plan for agriculture.

Reply:

The Department does not have any frozen vacant positions. The organizational structure was approved in May 2015 and newly created posts are filled according to prioritization.

(a) Not applicable

(b) Not applicable

(c) Not applicable

Reply:

No

(a) Not applicable

(b) Not applicable

(c) Not applicable

Reply:

a) At an emergency maize meeting held on 8 December 2015, it was agreed that if weather conditions did not improve, a formal industry-wide meeting should be held on 15 January 2016, to evaluate the impact of the drought, particularly on the production of maize; to acknowledge the necessity of industry cooperation in dealing with the situation; and, to reach consensus on actions required to address the looming shortage of food in the country.

Therefore, one of the actions strongly supported, was to release a production forecast for the new season a month earlier (during January 2016), because a reliable official estimate of inter alia the size of the expected maize crop, was required (as a result of the drought situation) in order for industry to plan properly. Kindly note that the Crop Estimates Committee (CEC) has traditionally released a preliminary area planted to summer grain crops estimate for the new season during January.

b) At the follow-up emergency maize meeting held on 15 January 2016, where about 70 Maize Steering Committee Members/Industry role-players/Interested parties were present, it was decided to send a formal request to the Department and the national Crop Estimates Committee, which falls under the auspices of the DAFF, to release a crop estimate prior to the traditional first estimate in February 2016.

Also, at this meeting, it was noted that an earlier crop estimate would assist the Grains and Oilseeds Supply and Demand Estimates Committee, under the auspices of the NAMC, to release information on the availability of maize regarding the new marketing season, which commences on 1 May 2016, a bit earlier.

c) Since this is the first time that the CEC has released a preliminary production forecast during January, and no previous data sets exist to compare it against, the CEC is not in a position to comment on the reliability of such an early forecast. However, it should be noted that the Crop Estimates Liaison Committee, an oversight body over the CEC, has set a norm for the CEC to be within 8% for the 1st to the 4th estimate from the final crop size; and to be within 5% for the 5th to 8th estimate from the final crop size.

In considering the accuracy of the estimates of the Crop Estimates Committee over the past 5 seasons, the Committee was (except for 2014) always within the required norm of 8% for the February estimate vs the final crop size.

Season	Estimate within the required norm of 8% from the (actual) crop size.
2010	+0,5%
2011	+6,6%
2012	-3,4%
2013	+4,6%
2014	-11,0%
2015	-2,9%

Furthermore, the preliminary production forecast released in January 2016, was exclusively based on information provided by farmers, with no inputs from other role-players.

Reply:

The information is tabulated hereunder:

	2012-13	2013-14	2014-15
(i)	O times	Two adverts - once	One advert - once
(ii)	R0	R 521,887.44	R 126,840.96

The placement of the adverts on the New Age Newspaper for the respective years was on the following matters:

2013-14:

• Duplicate ID Case Resolution Campaign
• Government Plan on the Extension of Working Hours During Festive Season at Ports of Entry.

 

2014-15:

• Multimedia Campaign to intensify Communication on the National Population Registration Campaign (NPRC).

It, however, must be noted that the department has similarly also bought advertising space on the above matters in other newspapers such as The Star and Beeld during the respective 2013-14 and 2014-2015 financial years.

Reply:

a) The National Agrometeorological Committee released 12 reports every year.

b) The purpose of each report is to update the agricultural sector on the seasonal climate forecast for the specific period as well as the strategies to be implemented in line with the expected rainfall and temperature conditions since the South African Weather Service updates the seasonal climate forecast.

c) The information was distributed through e-mails to the Provincial Departments of Agriculture (Head of Departments, provincial management and disaster risk management coordinators) and Organized Agriculture amongst others, for further dissemination to the farming communities. The information was further distributed and discussed with the farmers during awareness campaigns on disaster risk management, roving seminars on impacts of weather and climate to agriculture as well as farmers days organized by province. In addition, the information is disseminated during uptake of early warning information meetings in the provinces. Furthermore, the extension officers continue to discuss the advisories with the farmers as part of their scheduled meetings including facilitation of study groups.