Reply:

a) To promote mining and investment opportunities in South Africa

b) Minister was accompanied by an official from the department.

c) R347 000, 00.

 

Approved/not approved

Mr MJ Zwane

Minister of Mineral Resources

Date Submitted:-……………/………………/2016

Reply:

http://www.pmg.org.za/files/RNW297-160314a.docx

1. The link above is based on the audit outcomes as submitted by the metropolitan municipalities.

2. In 2013/14 the metros spent on average 26.6 per cent of their total expenditure on staff remuneration. This has decreased to 25.3 per cent in 2014/15.

3. MFMA Circular 71 states the norm to be between 25 per cent and 40 per cent. If the ratio exceed the norm it could indicate inefficiencies, overstaffing or even the incorrect focus due to misdirected expenditure to non-essentials or non-service delivery related expenditure.

Reply:

(1) (a) Sebenza police station has two sectors.

(b) The following suburbs fall within the sectors:

• Sector 1: Chloorkop, Cresslawn, Esther Park, Kelvin Estates, Kempton Park West, Spartan.
• Sector 2: Croydon, Edenglen, Foundersview, Longmeadow, Modderfontein, Sebenza, Spartan Ext. 7.

(c) The population size of the policing area is 19 970.

(d) There are eight visible policing officers for each sector and one Sector Commander per sector.

(e) There are four shifts for visible policing.

(2) (a) The downward adjustment of the population since the promulgation of areas demarcated to Nokem Park and Edenvale Policing areas respectively affected the current allocation of posts to the Visible Policing environment.

The allocation/distribution of human resources is informed by a number of variables including the SAPS’s funded establishment, departmental priorities and human resource requirements of the different disciplines within the SAPS.

(b) Minimum standards for the number of sectors in relation to the population was not determined. The implementation of Sector Policing is prescribed in National Instruction 3/2013, which determines that a policing area must at least be divided into two sectors. All facets of visible policing, including crime prevention, attending to complaints as well as crime prevention operations are addressed as part of the operational deployment of members in the sectors in accordance with the Crime Pattern and Threat analysis. The main aim of Sector Policing as policing approach, is to facilitate community partcipation and mobilisation in support of preventing crime in the policing area in order to strehgthen the implementation of Community Policing.

The minimum standards utilised to calculate the human resource requirement in the visible policing environment, with specific reference to sector policing at police stations, utilises the following determinants which were taken into consideration to determine the number of theoretical personnel for crime prevention activities: reported crimes, population density, social and economic factors, contingency allowances and environmental factors.

Therefore, to build the methodology on population only can never be utilised because it ignores the basic principles of organisational design/strategy.

Reply:

1) (a) Mr Raymond Cele, the Chairperson of the Construction Education and Training

Authority (CETA), did not receive a letter from Mr Truman Prince.

(b) Not applicable.

(2) Not applicable.

 

 

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 339 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(a) Boksburg North police station has four sectors.

(b) The following suburbs fall within the sectors:

• Sector 1: Impala Park, Witkoppie Ridge, Park Haven, Atlasville, Bartlette and Bardene.
• Sector 2: Jet Park, Hughes, Bartlett AH, Bardene and Jansen Park
• Sector 3: Ravensky, Ravensklip, Witfield, Hughes Extion, Rosedene, Lillianton, Berton Park, ERPM Golf Course, Boksburg West, Comet, Morganridge and Dayanglen.
• Sector 4: Everleigh, BeyersPark, Westwood SH, Ravenswood, Anderbolt, Muswelldale and Boksburg North.

(c) The estimated population size is 120 000.

(d) There are four visible policing officers per sector and one Sector Commander per sector.

(e) There are four shifts for visible policing.

Reply:

1). There is an interim project management team at the Nkowankowa Demonstration Centre (NDC). The interim project management team is constituted by the Department of Science and Technology (DST) and a local Black farmer who has experience in running a mango processing factory. This interim arrangement is intended to maintain operations at the NDC until the completion of the ongoing investigation. (b) The interim management team was established in January 2016. The DST is responsible for all decisions relating to the NDC.

2) Yes. There is an ongoing investigation at the NDC and the project manager is under suspension, pending the outcome of an investigation into allegations of maladministration.(a) The focus of the investigation is on allegations of maladministration of the NDC. (b) It is expected that the investigation will be concluded at the end of April 2016. (c) A report will not be made available pending the finalisation of the investigation and/ or any proceedings related thereon as disclosure of the report may prejudice the investigation and subsequent proceedings thereon.

3) Yes. (a) There has been one civil case instituted by the local engineering company against the suspended project manager, for failure and/ or refusal by the project manager to pay for goods allegedly delivered to the NDC. (b) (c) The DST is not privy to the status of the matter in that it was not party to the proceedings and despite its attempts to resolve this matter amicably, the suspended project manager did not cooperate with the DST officials and the plaintiff’s attorneys to resolve this matter.

 

Reply:

No. There are no frozen posts in the Ministry.

(a) Falls away

(b) Falls away

Reply:

The Department and its entities procure goods and services using the Preferential Procurement Policy Framework Act.

 

Approved/not approved

Mr MJ Zwane

Minister of Mineral Resources

Date Submitted:-……………/………………/2016

Reply:

(1)(a). Yes, the specified project has reached practical completion, meaning it is suitable for operations, however there are minor outstanding items such as the mechanisation of stage machinery.

(b). the actual completion is anticipated by the end of July 2016, the final tranche of R 2 000 000, will be paid before the end of March 2016

(2). The DAC has not as yet received an audited report on the utilisation of the additional allocation of funds for the specified project. We have, already requested an acknowledgment of expenditure report sent by the Project Manager updating us on the utilisation of the first tranche of R 10 000 000, and finally, an audited report upon completion of the project.

Reply:

(1) As a general rule the South African Police Service does not appoint and/or employ persons who have criminal records. Regulation 11(1)(a)(xii) of the South African Police Service Regulations dictates that a person who applies to be appointed as a (permanent) member must have no previous criminal convictions and such person shall allow his or her fingerprints to be taken and allow background enquiries to be made.

Clause 9(1)(a)(xvii) of National Instruction 3 of 2014 (The Reserve Police Service) has a similar provision in respect of the appointment of a reservist which states that a candidate must not have a criminal record or any criminal or departmental cases pending against him or her.

(2)(a)(b) In terms of the provisions of regulation 11 of the South African Police Service Regulations (that applies to the appointment of permanent members) as well as clause 9 of National Instruction 3 of 2014 (that applies to the appointment of reservists) the National Commissioner does have the discretion to, in exceptional circumstances, waive the requirement and to employ a member/reservist with a criminal record. This discretion is exercised in limited circumstances, depending on the type of criminal record as well as taking the interest of the Service into consideration.

(2)(i) It is not possible to give an exact number of members employed by the South African Police Service that actually have criminal records as this number constantly fluctuates, based on acquittal on appeal, expungement, etc.

(2)(ii) The South African Police Service has taken steps to address this matter. In terms of Project 1448, serving members with criminal records have been subjected to Boards of Fitness in terms of section 34 of the South African Police Service Act, 1995.

However, during the implementation of the said project a Labour Court interdict was obtained, barring the Service from finalizing this process. The crux of the Labour Court ruling was that serving members cannot be subjected to a Board of Fitness for criminal convictions which have occurred many years ago and no steps or steps that did not lead to dismissal were taken at the time.

The Service is committed to enforce integrity checks on prospective applicants. Members who acquire criminal convictions whilst in service are subjected to the institution of disciplinary steps as regulation 20(z) of the South African Police Service Discipline Regulations dictates that an employee who commits a common law or statutory offence is guilty of misconduct.

 

A formal misconduct hearing will then be convened and depending on the circumstances relating to the misconduct an appropriate sanction will be imposed on the employee, which might include dismissal in instances of serious misconduct.

Moving forward, SAPS Management is committed to deal swiftly and decisively with members who acquire criminal convictions through the rigid application of the disciplinary code. The cases of members who acquired criminal convictions in the past (and who were subjected to the now defunct Boards of Fitness) will be scrutinized on a case by case basis in order to take appropriate steps (including possible dismissals), but applying the law as pronounced upon in the Labour Court judgment.

(3) A statement will be made in this regard once the current initiatives that are embarked upon have been concluded and tangible results can be pronounced upon.

Reply:

i) (A) & (B) (i) 9% of all procurements was given to the SMME’s from 1 April 2015 up to the latest specified date for which information is available.

(ii) none

Reply:

It must be noted that the Minister of Police was only a party to the proceedings in the matter of Democratic Alliance v Speaker of the National Assembly and Others, but not to the proceedings in the matter of Economic Freedom Fighters v Speaker of the National Assembly and Others.

The costs incurred for Advocate Mokhari SC, in the Democratic Alliance matter are as follows:

Consulting, perusing, drafting and preparation for hearing: R476 688-00

Appearance: R 24 000-00

The costs incurred for the two junior Counsel are:

Advocate Kgatla

Consulting, perusing, drafting and preparation for hearing: R189 550-00

Appearance: R 8 500-00

Advocate Slingers

Consulting, perusing, drafting and preparation for hearing: R217 948-33

Appearance: R 8 000-00

Total costs incurred for Counsel to oppose the matter of Democratic Alliance v Speaker of the National Assembly and Others amounts to R924 686-33.

No advisors or consultants were appointed.

Reply:

(a)(i) 231

(a)(ii) 640

(b) There was no negative effect on the deployment of members at police stations in the Metropoles.

Reply:

1. The South African Police Service is a National Department and not demarcated in Metropoles but in Divisions and Provinces. Training records are kept at National level per Province on a computerised system (Training Administration System). The budget for training interventions is allocated to the Division Human Resource Development who is responsible for training and the funding of training in SAPS and not per station.

2. Due to the number of training and available training interventions provided, this answer cannot be given in print as it contains more than 1800 pages. Attached herewith is an electronic copy of a spreadsheet containing the following:

• a) Total number of SAPS officials trained per station per Gauteng and Eastern Cape Province in which the city of Tshwane Metropolitan, Nelson Mandela Bay Metropolitan, City Of Johannesburg, Ekurhuleni Metrpolitan and Buffalo City Metropolitan are situated for the 2012/13, 2013/14, 2014/15 and 2015/16 3rd quarter financial years as per Training Administration System.
• b) The type of training is given per member per station trained per financial year for the two applicable Provinces.

3. The (a) number of officials trained per station is as per the provided spreadsheet and (b) the training was finalized in the year that the report indicates.

Reply:

a) Primrose police station has three sectors.

b) The following suburbs fall within the sectors:

• Sector 1: Makause, Marathon, Delport and Rasta informal settlements, Primrose East, Woodmere, Marlands and Primrose central business districts.
• Sector 2: Activia Park, Homestead, Sunnyridge, Solheim, Fishershill, Symhurst and Primrose central business district.
• Sector 3: Dawnview, Simmerfield, Primrose Hill, Wychwood, Malvern East and Creston Hill.

c) The estimated population size is 71 000.

d) There are four visible policing officers per sector and one Sector Commander per sector.

e) There are four shifts for visible policing.

Reply:

a) Norkem police station has four sectors.

b) The following suburbs fall within the sector:

• Sector 1: Birchleigh and Esselen Park.
• Sector 2: Norkem Park and Birchleigh North.
• Sector 3: Birch Acres extentions 1, 2, 3 , 21, 22, 23, 24, 25, 26, 27 and 28.
• Sector 4: Kempton Park West, Van Riebeeck Park and Terenure.

c) The estimate population size is 73 249.

d) There are four policing officers per sector and one Sector Commander per sector.

e) There are four shifts for visible policing.

Reply:

1. Corruption is identified as a separate crime within the department’s records, but it is reported under the broader crime category of commercial crime.

Corruption figures
Financial year	Figure
2006/2007	99
2007/2008	90
2008/2009	124
2009/2010	81
2010/2011	83
2011/2012	60
2012/2013	78
2013/2014	123
2014/2015	58

2. Does not apply.

Reply:

(1) (a) Kempton Park police station has four sectors.

(b) The following suburbs fall within the sectors:

• Sector 1: Bredell, Pomona, Bonaero Park, Brentwood Park, Witfontein, Kaalfontein and National Key point: Denel Aviaton.
• Sector 2: Glen Marais, Birchleigh AH, Aston Manor, Allen Grove and Kempton Park extensions 1,2,3 and 4.
• Sector 3: Kempton Park Central Business District, Rhodesfield, Zuurfontein extention 33 and Emerors Palace.
• Sector 4: Isando and Spartan.

(c) The population size of the policing area is 78 108.

(d) There are ten visible policing officers for each sector and one Sector Commander per sector.

(e) There are four shifts for visible policing.

Reply:

(a) No

(i), (ii) and (iii) Falls away

(b) No

(i), (ii) and (iii) Falls away

(c) No

(i), (ii) and (iii) Falls away

 

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

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 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:

Firstly, I wish to inform the Honourable Member that in terms of section 181 (5) of the Constitution of the Republic of South Africa, the State Institutions supporting Constitutional Democracy, including the South African Human Rights Commission, are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.

Therefore, the South African Human Rights Commission does not report to the Ministry of Justice and Correctional Services, but directly to Parliament.

However, because of the well-established working relationship between the South African Human Rights Commission and the Department of Justice and Constitutional Development, the South African Human Rights Commission has reported as follows regarding the questions raised by the Honourable Member:

Kindly find attached hereto, a consolidated compilation of data, sourced from the South African Human Rights Commission’s (the Commission) nine provincial offices in response to the Parliamentary Question:

(a) List of complaints laid altogether and against the Government, government departments and any government body from 1 January 2015 up to and including 31 January 2016;

(b) An indication of which of the above matters were finalised, rejected, referred or pending (in terms of the Commission’s Complaints Handling Procedures); and

(c) An indication of the different categories of complaints against the Government.

Due to the large volume of information sought, the data appears in its raw format. However, the SA Human Rights Commission has indicated that should a consolidated report of statistics and the generation of graphs be necessary, the Commission would require additional time in that regard.

Such a consolidated Report has been requested and will be submitted once received.

 

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:

My department and its entities are performing well above the target of 30% in terms of procuring goods and services from Small, Medium and Micro-sized Enterprises (SMMEs).

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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:

1. In the First Edition of the National Water Resource Strategy (NWRS1) of 2004 the total volume of water available from the river systems in South Africa on a reliable basis for 2025 was estimated at 14 166 million m3/a.
2. The total water requirements for 2025 base and high scenario was estimated at 14 230 million m3/a and 16 814 million m3/a respectively. The amount of water that could potentially be available for development in the year 2025 was estimated at 5 410 million m3/a. This surplus amount is however only available in some catchments throughout the country. This analysis was done considering a projected population of 54 million and economic growth trends at the time.

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Reply:

The Department of Public Enterprises awarded contracts to The New Age (TNA) as follows:

a) 2012-13: No award

b) 2013-14: One award for R153 900.00 for an advertisement placed in The New Age

c) 2014-15: One award for R213 921.00 for a business briefing session which we hosted and that I addressed on the 24 April 2014

 

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:

(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:

The Department of Energy (DOE) IPP office takes the lead in the domestic IPP strategy, including the sourcing and contracting component of these arrangements. This strategy is driven by the Integrated Resource Plan (IRP). The DOE bidding process for the coal base load IPPs is still in progress.

Once the participants are selected by DOE, the time lines are such that this programme will not affect Eskom’s financial position in the next 5 years. When the decisions have been made, there will be clarity on energy prices from these IPPs as well as the cost of connecting them which will be budgeted for accordingly.

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:

1(a) The Agreement between DAFF and the Department of Defence and Military Veterans does not deal with the employment of the Military Veterans by DAFF. It was therefore decided to create a separate Deliverable in the existing Cederberg Fishing Infrastructure Development and Management Project for the deployment of Military Veterans under the Marine Anti-poaching Project.

1(b)(i) The Memorandum of Agreement between the Cederberg Municipality and DAFF makes provision for employment of Military Veterans as separate Deliverable (Annexure D of MOA).

1(b)(ii) The Business Plan deals in the main with the Cederberg Fishing Infrastructure Development and Management Project but also includes Military Veterans as a separate Deliverable.

2(a) The amount allocated to the Marine Anti-poaching component of the Cederberg Fishing Infrastructure Development and Management Project comes from the Working for Fisheries Programme: Expanded Public Works Programme is Twelve Million Five Hundred Thousand Rand (R 12 500 000).

2(b) EPWP criteria and conditions were attached to the funding of the project.

2(c) (i) Twelve Million Five Hundred Thousand Rand (R 12 500 000).

2(ii) Twenty (20) months, commencing January 2014.

2(d) The Agreement between DAFF and Department of Defence and Military Veterans guided the selection of the military veterans.

3(a) Forty-one (41) veterans are employed.

3(b) The amount paid varies depending on the number of days worked as per the EPWP guidelines.

Reply:

Currently, the department’s above-the-line advertising campaigns are placed through the Government Communication and Information System (GCIS), in compliance with the Cabinet decision of 8 June 2011.

GCIS uses an independent tool to assist in determining the best mediums to procure from any specific media campaign request. The mediums chosen are based on the Telmar software tools which give guidance on the best option to propose to a department that is making the request. This tool is supported by Independent media research analysis based on South African Advertising Research Foundation, TAMS and RAMS complemented by Audit Bureau of circulation data.

From the time the GCIS brought the in-house media buying, it has reaped considerable savings and discounts for Government.

Although the question asks for advertising costs incurred from financial years 2012 to 2015, advertising is a standard line item in each department’s / entity’s budget, which is approved by Parliament annually.

Government departments and their entities account for expenditure by tabling annual reports every year, and this document, inclusive of this line item (i.e. Advertising) are audited by the Auditor-General, who makes recommendations on any findings. Annual Reports are widely available to the public.

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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)(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:

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:

Firstly, I wish to inform the Honourable Member that in terms of section 181 (5) of the Constitution of the Republic of South Africa, the State Institutions supporting Constitutional Democracy, including the South African Human Rights Commission, are accountable to the National Assembly, and must report on their activities and the performance of their functions to the Assembly at least once a year.

Therefore, the South African Human Rights Commission does not report to the Ministry of Justice and Correctional Services, but directly to Parliament.

However, because of the well-established working relationship between the South African Human Rights Commission and the Department of Justice and Constitutional Development, the South African Human Rights Commission has reported as follows regarding the questions raised by the Honourable Member:

Kindly find attached hereto, a consolidated compilation of data, sourced from the South African Human Rights Commission’s (the Commission) nine provincial offices in response to the Parliamentary Question:

(a) Complaints laid against the President in the period from 1 January 2015 up to and including 31 January 2016;

(b) An indication of which of the above matters were finalised, rejected, referred or pending (in terms of the Commission’s Complaints Handling Procedures; and

(c) An indication of the different categories of complaints against the Government.

Due to the large volume of information sought, the data appears in its raw format. However, the SA Human Rights Commission has indicated that should a consolidated report of statistics and the generation of graphs be necessary, the Commission would require additional time in that regard.

Such a consolidated Report has been requested and will be submitted once received.

 

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:

(1) Current capital cost estimate of the project to augment Mangaung and surrounding areas' water supply from Gariep Dam is in excess of R 7 billion.

(2) A Feasibility study will have to be done to confirm the preferred option to obtain water from the Gariep Dam. This is the only part that has been funded as yet and the funding model of the rest of the project will be confirmed as part of the work done during the Feasibility study. Options to be considered will include project finances both on-budget and off-budget..

(3) The fast-tracked implementation programme, consisting of a Feasibility Study, Environmental Impact Assessment (EIA) process, and Design and Construction phases, will take 5.5 years to completion. The Feasibility Study will be finalised over an eighteen (18) months period before design and construction can start. Construction is expected to start during financial year 2018/19 with completion during the 2022/23 financial year.

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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.

In recognition of Government’s initiatives to protect whistle blowers, the Office of the Chief Justice (OCJ) has adopted a Whistleblowing Policy (the Policy) that complies with the provisions of the Protected Disclosures Act, 2000 (Act No. 26 of 2000).

This Policy has been widely distributed to all officials in the OCJ and is also available on the departmental intranet. It is aimed at, amongst others, encouraging employees to report and blow the whistle on fraud and corruption by following the established channels; and also enjoins OCJ officials with the responsibility to disclose any matters that are related to fraud and corruption in the workplace. Additionally, the Policy provides that the OCJ is committed to take all necessary steps to ensure that OCJ employees who disclosed fraud and corruption allegations are protected from any reprisals or fear of suffering any occupational related detriment as a result of such disclosure.

OCJ employees may report anonymously any allegation of fraud and corruption to any member of the management of the OCJ, the Fraud Auditing Unit, the Audit and Risk Committee or to the National Anti-Corruption Hotline 0800 701 701 managed by the Public Service Commission. All reported fraud and corruption cases are recorded in the OCJ Fraud Register which is monitored by the Audit and Risk Committee and may, following an investigation, be escalated either to the OCJ’s corporate services branch, the South African Police Services or other relevant law enforcement agencies.

                                                                                                                             

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:

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) Various censors are currently being installed on some parts of the perimeter fence to ensure early warning. The detail of such is classified;

(2) (a) (i) and (ii) and (b) No, the employees in question are part of the Bargaining Unit and therefore do not receive bonuses. However they receive 13th cheques as part of their annual remuneration packages. They received their 13th cheques for 2013-14 and 2014-15 financial years; and

(3) when one talks about “local communities” it is important to remember that the Kruger National Park perimeter is heterogeneous both in terms of land use as well as human densities, socio- economics and context. The Kruger National Park perimeter is over 1000 km long (1017km), approximately half of which is in South Africa. Sixty one percent of the boundary is bordered by conservation related land use (the remaining being agriculture, rural and urban settlements and a small amount of industry). On the South African side the park straddles two provinces (that is, Limpopo and Mpumalanga), three district municipalities and seven local municipalities. There are 37 Traditional Councils representing approximately 240 villages and towns in close proximity to the fence, comprising around 1 million people.

3.1 The 1.5 million tourists that visit the Kruger National Park annually contribute towards approximately 80% of the park’s operating budget, paying for the bulk of salaries of the 2243 staff, 90% of whom come from the villages and towns adjacent to it. Many of the staff is employed within the tourism sector. Although not employed directly by the Kruger National Park, over 12 000 conservation related jobs within the greater Kruger National Park are the direct result of employment through the Expanded Public Works Programme. The concessionaires operate in the park as well as in the adjacent private, communal and provincial reserves most of which focus on the high end tourism market.

3.2 Funding obtained from tourism contributes towards the implementation of various initiatives aimed at local capacity building through education and outreach, reaching on average 80 000 learners annually, most of which are from local schools.

3.3 In addition, tourists contribute directly to community development projects in areas adjacent to the Kruger National Park through a tourism fund of 1% that is ring fenced for community projects. To date this has been used for funding of local school infrastructure development including a state of the art school administration facility, a well-stocked computer centre and early childhood development play equipment.

3.4 Several small scale enterprise development initiatives enable local entrepreneurs to access the tourism market through various channels including five locally owned and run arts and crafts outlets (collectively turning over R3.1 million annually), community owned car wash facilities at major camps, community owned kiosks at day visitors picnic sites and local catering service providers for events (turns R328 289 annually). The community owned Park n Ride game drive business turns over approximately R250 000 annually.

3.5 The Kruger National Park contractor development programme builds capacity of local building contractors through both formal and practical training sessions, using the local contractors for new buildings and the maintenance of the existing tourism and other infrastructure facilities. To date the programme has successfully trained 29 contractors who have in turn employed 360 staff, and have collectively contributed towards an infrastructure spend on Small Micro and Medium Enterprises (SMMEs) of R628 million since 2006.

3.6 Focusing on high end five star tourism, the concessionaires in the Kruger National Park partner with the South African National Parks (SANParks) in community development, through using on average 200 local SMMEs for various service provision through the year, amounting to over R6 million annually in recent years.

3.7 In cases where land restitution has taken place inside the Kruger National Park, relevant communities work with private partners to unlock additional benefits from tourism operations such as Nkambeni in the south of the park as well as Makuleke in the north with community land owners receiving preferential employment and business opportunities, as well as both rent and concessionaire fees based on turn over.

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Reply:

There is no decrease in the number of monitored gauging sites. My Department’s annual reports for financial years 2013-14 and 2014-15 indicate that we monitored 1458 sites for the 2013-14 financial year and 1641 sites for 2014-15 financial year.

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Reply:

(a) Percentage of the total procurement of the Department of Environmental Affairs:

(i) SMMEs = 84% (Annual target is 65%)

(ii) co-operatives = 0%

(b) Percentage of the total procurement of the South African National Parks (SANParks):

(i) SMMEs = 46%

(ii) co-operatives = 0%

Percentage of the total procurement of the South African Weather Service (SAWS):

(i) SMMEs = 35%

(ii) co-operatives = 0%

Percentage of the total procurement of the South African National Biodiversity Institute (SANBI):

1. SMMEs = 29%

(ii) co-operatives = 0%

Percentage of the total procurement of iSimangaliso

(i) SMMEs = 31%

(ii) co-operatives = 0%

Percentage of the total procurement of Green Fund

(i) SMMEs = 100% (5 SMMEs for a total budget of R421.642,51 – for catering, marketing and stationery)

(ii) co-operatives = 0%

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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:

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:

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:

(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.