Questions and Replies

Reply:

The government is on record as having taken concrete steps to contain expenditure and ensure fiscal discipline.

In the 2014 Medium Term Budget Policy Statement (MTBPS) Government lowered its expenditure ceiling by R25 billion, R10 billion in 2015/16 and R15 billion in 2016/17. These budget reductions focused on non-essential goods and services, funding for long outstanding vacancies and transfers to entities with cash reserves.

Government is stepping up cost-containment measures to ensure that spending plans deliver greater value for money. The Treasury Instruction on Cost Containment Measures is going to be revisited to adjust thresholds and to introduce additional measures to contain costs especially around the hosting and attendance at conferences. In addition, procurement reforms are being rolled out to improve efficiency, reduce red tape and stamp out corruption. These reforms are underpinned by specific Treasury Instructions that have been issued by the Minister of Finance. Compliance with such instructions will be monitored as part of the annual audit process. Where non-compliance is identified by the Auditor General, appropriate disciplinary procedures will be implemented.

Reply:

Since 1 April 2015 I have undertaken one Working Visit to China from 2-4 September 2015, to attend the 70th Anniversary of the Victory of the Chinese Peoples’ War of Resistance against the World Anti-Fascist War.

I was accompanied by the Minister of International Relations and the Deputy Minister of Energy.

The staff included senior managers as well as personal support staff such as researchers, protocol officers, media officers and security personnel.

Reply:

The Cabinet and government in general pay close attention to developments in other parts of the world, including Greece, with a view of understanding their implications for our country. Our main focus is on taking steps that will grow the South African economy in order to create jobs and bring about inclusive growth and development leading to employment and improved quality of life.

We have steered the South African economy with diligence and care during the most trying global economic crisis that began in 2008. It is through the efforts of all South Africans, those who are in government and those outside of it, working together that has made it possible for our economy to weather the storm.

Government also remains focused on ensuring continued fiscal sustainability, which is extensively discussed in the Medium Term Budget Policy Statement recently tabled in Parliament. 

We plan to continue implementing the National Development Plan, (NDP), and operational plans within the NDP such as the New Growth Path and Industrial Policy Action Plan in order to ensure that we meet our economic development targets.

Reply:

In terms of Government protocol, Sport and Recreation South Africa as the department cannot contact the Legal Attaché of the United States of America's (USA's) Federal Bureau of Investigations, directly. It has been done via DIRCO. Ministry has already written to the Minister at DIRCO requesting her to solicit all the information and evidence that the USA Government purports to have in their possession. Further to this we have also interacted with Minister of Justice upon his receipt of the indictment from the USA government with the Legal Attaché of the United States of America's (USA's) Federal Bureau of Investigations, and agreed with the Minister of Justice that the matter be referred to the IMC on Corruption, DIRCO and Chairperson of Anti-Corruption.

Reply:

(a) A tender process to recruit a service provider to complete the project was advertised with a closing date of 03 November 2015. The briefing session with prospective bidders was held on 22 October 2015 at Vredefort Dome. The evaluation and adjudication of the tender will take place in November 2015, and it is expected that an appointment will be made in December 2015. The project will be completed during the 2016/17 financial year.

(b) The estimated cost of the completion of the project will be based on the proposals received once the tender process is complete.

(c) No, the department did not consult Unesco, as the interpretation centre is outside the declared protected area.

Reply:

Department of Transport

a) How many persons have been suspended with full pay within (i) her department.

(aa) 2012/13 financial year – None

(bb) 2013/14 financial year – One (1) employee

(cc) 2014/15 financial year – Five (5) employees

(b) in each specified case, what (i) is the value of these payments for each month by

(aa) her department

2013/2014 FINACIAL YEAR
NAME	MONTH	VALUE OF PAYMENTS
Mr Rajesh Jock	May 2013	R0
	June	R77 356.42
	July	R94 116.98
	August	R94 116.98
	September	R153 559.29
	October	R94 116.98
	November	R94 116.98
	December	R94 116.98
	January 2014	R94 116.98
	February	R94 116.98
	March	R94 116.98
TOTAL	R 983 851.49
2014/2015 FINACIAL YEAR
Mr Rajesh Jock	April 2014	R138 386.61
TOTAL	R138 386.61
Mr B C Hlabisa	July 2014	R118 521.91
	August 2014	R124 311.78
	September 2014	R53 130.51
TOTAL		R295 964.20
Mr V Ndwamato	October 2014	R27 974.57
	November 2014	R70 907.76
	December	R70 907.76
	January	R70 907.76
	February	R23 312.74
TOTAL		R264 010.00
Mr B Maphalela	October 2014	R16 478.74
	November 2014	R41 769.04
	December 2014	R41 769.04
	January 2015	R41 769.04
	February 2015	R13 732.29
Total		R155 518.14
Ms L Mahlangu	October 2014	R36 545.71
	November 2014	R37 020.79
	December 2014	R37 020.79
	January 2015	R37 020.79
	February 2015	R13 741.90
Total		R161 349.96
GRAND TOTAL		1 999 080.41

(ii) are the reasons for (aa) these suspensions

The Department received allegations of serious misconduct which warranted precautionary suspensions,

(bb) the delay in resolving these matters (iii) is being done to resolve these matters

The delays were caused by investigations; however the suspension were uplifted after the 60 days lapsed as per the provisions of the Disciplinary Code & Procedure. The Department is addressing capacity to deal with these matters,

(iv) are the reasons to suspend persons with full pay?

Answer: The Disciplinary Code & Procedure provides that precautionary suspension is with full pay.

Airports South Africa SOC Limited (ACSA)

The Airports Company South Africa, suspended people pending investigations and disciplinary action during the review period as follows:

1. (aa) 2012/13, During this period nine (9) people were suspended at the average period of about 3 months (92 days).
2. All cases were concluded and outcome reached during this year within the timeframes targeted to investigate and resolve such matters.

1. The total value of the salaries paid to the 9 people during the period of suspensions amounted to R 286 889.90.

1. (aa) 2013/14, During this period 19 people were suspended at the average period of about 3 months (95 days).
2. All cases were concluded and outcome reached during this year within the timeframes targeted to investigate and resolve such matters.

1. The total value of the salaries paid to the 19 people during the period of suspensions amounted to R 880 462.11.
2. (aa) 2014/15, During this period 34 people were suspended at the average period of about 3 months (77 days).

(b) All cases were concluded and outcome reached during this year within the timeframes targeted to investigate and resolve such matters.

1. The total value of the salaries paid to the 34 people during the period of suspensions amounted to R 2 298 887.60.

(ii) The reason of suspensions during investigation and conclusion in the period under review are listed below:

• Assault
• Breach of policy
• Collusion
• Concealment of information
• Damage to property
• Desertion of post
• Dishonesty
• Embezzlement of funds
• Forging of sick note
• Fraud
• Gross negligence and/or
• Competence, violation of policy.
• Illegal micro lending
• Insubordination
• Intimidation, abusive and Insulting
• Misrepresentation
• Misuse of property
• Non-disclosure of criminal record
• Sleeping on duty
• Tempering
• Theft
• Unacceptable conduct
• Unauthorised conduct
• Use of foul and insulting language

Conclusion of disciplinary action during the requested review period

(bb) All of the suspension cases for the period under review have been finalised and there were no delays in investigating and finalising disciplinary processes. Outcomes of majority of the disciplinary processes mainly resulted in decisions of:

• Dismissed
• Acquitted
• Final written warning

South African Civil Aviation Authority (SACAA)

1. (i) N/A

(ii) the South African Civil Aviation Authority suspensions are listed below for

(aa) None for 2012/13,

(bb) None for 2013/14; and

(cc) as per below table. (ii) (aa) (bb) (iii) and (iv) are stated in the table below.

Persons per department	No of days suspended	Reasons for suspension	Payment value of suspension in rand per month	Delay and Reasons	Action taken to resolve the matters
AIID	90days	Serious misconduct relating to misrepresentation of qualifications	R59,782.76 x3 R179,348.28	No delay*	Internal disciplinary hearing was concluded and the matter is closed.
ASO	90days	Serious Misconduct unethical conduct when doing inspection and audit.	R70,654.22 x 3 R211,962.66	No delay*	Suspension uplifted and internal disciplinary hearing commenced.
ASO	90days	Serious misconduct relating to conflict of interest and contravention of Civil Aviation Act, section 98.	R51,442.43 x 3 R154,327.29	No delay*	Suspension uplifted and internal disciplinary hearing commenced.
ASO	14days	Serious misconduct relating to conviction on criminal case.	N/A	No delay*	Internal disciplinary hearing held and the matter is closed.
FINANCE	150days	Serious misconduct relating misrepresentation of qualifications	R57,258.57 x 5 R286,292.85	The employee was suspended during festive holidays.	Internal disciplinary hearing was concluded and the matter is closed.
Total			R831,931.08

Footnote: * means that the suspension was within the SACAA Disciplinary Policy.

South African National Roads Agency Limited (SANRAL)

SANRAL has not suspended any employee for the year(s) under review

Road Accident Fund (RAF)

1. (ii) The Road Accident Fund (RAF) suspended with full pay (aa) 9 employees in 2012-13, (bb) 20 employees in 2013-14, and (cc) 10 employees in the 2014-15 financial years.

1. (i) (bb) the value of the matters for each month in each financial year are:

	2012-13	2013-14	2014-15
April	R 76 000.00	R 160 000.00	R 420 000.00
May	R 45 000.00	R 215 000.00	R 465 000.00
June	R 85 000.00	R 255 000.00	R 420 000.00
July	R 85 000.00	R 245 000.00	R 450 000.00
August	R 75 000.00	R 225 000.00	R 420 000.00
September	R 90 000.00	R 125 000.00	R 550 000.00
October	R 55 000.00	R 100 000.00	R 550 000.00
November	R 30 000.00	R 205 000.00	R 430 000.00
December	R 58 000.00	R 175 000.00	R 320 000.00
January	R 92 000.00	R 200 000.00	R 130 000.00
February	R 70 000.00	R 300 000.00	R 130 000.00
March	R 70 000.00	R 420 000.00	R 130 000.00

(ii) (aa) the reasons for the suspensions are as provided for in the RAF Disciplinary Policy, which policy provides for the suspension of an employee on full pay in instances where the potential exists for the employee to interfere with witnesses and/or evidence; where the continued presence of the employee presents a threat to life or property; or where the employee’s presence will have a disruptive effect on other employees,

(bb) Some of the delays in resolving the matter are related to the ongoing investigations that must be completed; the employee getting sick; CCMA referrals for unfair labour practices; and, requests for legal representation and determination, which if granted ,impacts on the time taken to conclude hearings,

(iii) in order to resolve future matters, the RAF is amending its Disciplinary Policy to curb the maximum period for which an employee may be suspended on full pay and requiring the employee to be charged within one month after the suspension, and

(iv) the reason for suspending an employee is as outlined in (b)(ii)(aa) above, which suspension must be with full pay as the CCMA and Labour Court generally consider suspension without pay an unfair labour practice.

Roads Traffic Management Corporation (RTMC)

a)ii) The RTMC has only one (1) employee currently on suspension with full pay (National Traffic Police Unit).

cc) The employee was suspended on 11 June 2015

i)bb June-R 26 326.98, July-R 25 368.55, August-R 41 281.59, September-R 19 931.59

ii)aa) For Gross Negligence and putting the name of the Corporation into disrepute.

ii)bb) The are no delays in processing this case.

iii) On 21 September 2015 the parties agreed that the hearing be resume and the following dates were agreed upon, that is, 12, 13, 14, 19, 20 and 21 October 2015 in order to finalise the matter. The Chairperson of the Disciplinary Hearing has already confirmed his availability.

iv) The reasons employees are suspended with full pay is because this type of suspension is only a precautionary measure and does not in any way constitute a guilt finding on those who are suspended. Suspension with full pay is applied to those employees who may interfere with an investigation and witnesses if they are not suspended. This type of suspension is allowed in terms of paragraph 9.2(b) of the Disciplinary Code and Procedures of the Corporation.

Road Traffic Infringement Agency (RTIA)

(a)(ii) 2012-2013 None, (bb) 2013-2014 None, (cc) 2014-2015 One (1) employee was placed on suspension from 29 September 2014 to 16 February 2015.

(i)(bb) R 261 541.15

(ii)(aa)The reasons for suspension were as follows: Bringing the Agency into disrepute, possession of confidential documents and distribution of confidential information.

(iii) A disciplinary process was undertaken at the end of which the employee was given a final written warning after a plea agreement was reached.

(iv) the reason for suspending an employee is as outlined in (b)(ii)(aa) above, which suspension must be with full pay as the CCMA and Labour Court generally consider suspension without pay an unfair labour practice.

Cross Border Road Transport Agency Limited (CBRTA)

ii) The Cross-Border Road Transport Agency (C-BRTA), in the (aa) 2012-13 (bb), 2013-14 (cc) 14-15 financial years (b) suspended eight (8) persons listed in the table below. The (aa), (i) The value of these payments for each month, (ii) the reasons for the suspensions and (bb) where there were delays in resolving these matters, and the reasons for the delays are provided in the table below:

Employee	Position	Period	Reason for suspension	Delay in resolving these matters	Total Value of payments	Average Monthly value
Ms. Khabo Rasebopye	HR Generalist	November 2012 - January 2013	Alleged Misconduct. Recruitment process not followed for appointment of new hires. Verbal offers of employment extended before requisite approval.	The matter was not delayed. The suspension was uplifted and an informal disciplinary hearing was conducted.	R 110, 233	R 36, 744
Ms. Felleng Magongoa	Senior Manager Human Resources	March 2013 – April 2013	Alleged Misconduct. Unprofessional conduct, fraudulently changing performance score, failure to carry out responsibilities with recruitment of Road Transport Inspectors.	The matter was not delayed, the employee resigned pending disciplinary enquiry	R 132, 743	R 66, 371
Mr. Dawid Noah	Senior Manager Law Enforcement	November 2013 – November 2014	Alleged misconduct. Gross Insubordination, unruly behaviour, gross negligence	Delays with investigations due to unavailability of witnesses due to work pressures as well as year-end closure. Further delays with serving the employee with disciplinary hearing notice due to unavailability. Postponement of disciplinary hearing on account of employee's request for more time to prepare. First hearing adjourned on the basis of a technicality raised by the employee and his representative. Still more delays for a few scheduled hearing dates due to unavailability of the employee's representative. Eventually the case went to the CCMA for pre-dismissal arbitration. The pre-dismissal arbitration was delayed among others due to ill health of the employee, unavailability of his representative, ill-health of the Commissioner, an interdict application to the High Court by the employee. The matter was settled on 3 November 2014.	R 905, 609	R 75, 467
Ms. Lesego Tebele	Senior Data Administrator	July 2014 – May 2015	Allegations of misconduct - Frequent late-coming, Repeated absence without permission, Abscondment/desertion, Gross insubordination.	Suspension and hearing delayed on account of repeated failure by employee to respond to acknowledge receipt and/or to respond to disciplinary documentation, failure to attend the inquiry. Unsuccessful use of the services of the Sheriff of the Court to serve documentation to employee. 1st hearing conducted in the employee's absence which led to her dismissal. Appeal Chairperson granted that another hearing be conducted where she will be given an opportunity to state her case. 2nd hearing delayed due to unavailability of representative, ill-health of employee. Hearing is now finalised.	R 319, 513	R 31, 951
Mr. Patrick Chauke	Chief Road Transport Inspector	February 2013 – April 2013	Alleged misconduct. Making use of employer's resources for personal benefit. Leave without authorization.	The matter was not delayed. Disciplinary hearing was conducted.	R 114, 398	R 38,133
Ms Dineo Mathibedi	Executive Manager: Human Resources & Administration	22 February 2014 - 29 July 2014	Allegations of misconduct - Gross dereliction of duty, gross insubordination, and gross negligence.	Matter delayed by changes to external investigators. Finally a settlement agreement was reached.	R554, 666	R110, 933
Mr Mudunwazi Baloyi	Executive Manager: Facilitation and Industry Development	27 May 2014 - 30 November 2014	Allegations of misconduct - Gross insolence and undermining authority of superior.	The matter was not delayed. After further investigations, the matter was partly heard. A settlement agreement was eventually reached with the employee..	R786, 591	R131, 099
Mr. Donald Matlou	Senior Manager Information Technology	October 2014 – July 2015	Allegations of misconduct - Intended fraud.	Investigations into the alleged misconduct were lengthy and required extended time. When suspension was uplifted with intention to pursue hearing, employee resigned.	R 796, 792	R 79, 679

iii) The C-BRTA has now developed and adopted Management Guidelines for Employee Suspensions as attached, that line management will now use when considering suspensions. The overall effect is that to date employee suspensions have become minimal and where there is need to isolate an employee from operations while investigations are underway, The C-BRTA places such an employee in other non-related roles to best derive equitable value for the salary earned.

(iv) the reason for suspending an employee is as outlined in (b)(ii)(aa) above, which suspension must be with full pay as the CCMA and Labour Court generally consider suspension without pay an unfair labour practice.

Ports Regulator South Africa (PRSA)

1. (ii) The Ports Regulator has not suspended any employees with full pay for the periods 2012/13, 2013/14, 2014/15.

South African Maritime Safety Authority (SAMSA)

Name	Financial Year	Value of Payment (R)	Reason/s for suspension	Dealay in resolving the matter	Reasons to suspend with full pay
Mark Hellenberg	2012/13	28 568.12	Incitement	No delay	Procedural fairness
Monica Le Roux	2014/15	19 142.25	Fraud, Gross dishonesty	No delay	Procedural fairness
Matsobane Sello	2014/15	26 679.17	Gross Dishonesty	Sick Leave	Procedural fairness
Tebatso Monnathebe	2014/15	70 616.88	Assault	No delay	Procedural fairness

Air Traffic & Navigation Services SOC Limited (ATNS)

Department	Date Suspended	Date Suspension Uplifted Termination	Value of payment per month	Total of payment whilst on suspension	Reason for Suspension	Reason for Delay in resolving matter	What is being done to resolve	Reason for suspension with full pay
2012/2013
ATNS	25 September 2012	24 December 2012	R56 767.00	R163 307.00	KPMG Audit – Whistle blowing matter	Matter was dealt with as expedient as possible taking the audit into consideration.	Matter concluded	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay
ATNS	31 August 2012	14 September 2012	R20 833.33	R10 575.00	Gross Insubordination	Non availability of internal qualified Chairman.	Matter concluded.	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay
ATNS	25 September 2012	24 December 2012	R72 399.00	R211 618.00	KPMG Audit Whistle blowing matter	Matter was dealt with as expedient as possible taking the audit into consideration.	Matter concluded.	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay
ATNS	28 March 2013	1 August 2013	R153 333.00	R634 561.00	Gross Insubordination	External legal team appointed based on seniority.	Matter concluded. Employee dismissed.	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay
2013/2014
ATNS	4 July 2013	5 September 2013	R128 808.00	R271 466.00	Gross dishonesty	External legal team appointed due to seniority of employee.	Matter concluded.	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay
ATNS	13 March 2014	25 July 2014	R80 424.00	R357 004.00	Gross Insubordination	External legal team appointed due to the seniority of the employee.	Matter concluded	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay
2014/2015
ATNS	16 May 2014	To date	R111 435.00	R1 839 523.00	Whistle Blower on allegations of racism, discrimination, intimidation and victimisation of black employees.	Extensive internal disciplinary hearing approaching finality.	Extensive internal disciplinary hearing approaching finality.	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay
ATNS	16 May 2014	To date	R94 350.00	R1 557 411.00	Whistle Blower on allegations of racism, discrimination, intimidation and victimisation of black employees.	Extensive internal disciplinary hearing finalized.	Extensive internal disciplinary hearing finalized. Awaiting sanction outcome.	According to the Labour Relations Act, a suspension preceding a disciplinary hearing is a preventative suspension and must always be with full pay

Railway Safety Regulator (RSR)

SUSPENSIONS DURING THE FINANCIAL YEARS 2014/15 AND 2013/14

Kindly receive the brief suspensions for the mentioned financial years above.

2014/15 FY	REASONS FOR SUSPENSION	PERIOD OF SUSPENSION	MONEY PAID DURING SUSPENSION
1	Gross dishonesty, financial misconduct, insubordination and breach of duty of trust.	Four months	R388, 700,96
1	Misconduct	One month	R42, 316
TOTAL
2			R431,016.96
2013/14 FY	REASONS FOR SUSPENSION	PERIOD OF SUSPENSION	MONEY PAID DURING SUSPENSION
1	Misconduct	One month	R81, 433,50
1	Misconduct	Two months	R46, 474,64
TOTAL
2			R127, 908,14
Grand Total payment made for all the Financial Years Mentioned above: R558,925.10

NB: There were no suspensions for the Financial Years: 2012/13

Reply:

1) a) I want to alert the honourable there are three different questions. Budget allocation for 2015/2016: Provincial Road Maintenance Grant = R822.4m and Equitable Share = R193.5m (including day to day running of the programme);

b) TMH22 is used for the first order analysis as a guideline.

2) Yes. Only few isolated spots has gravel wearing course thickness above 50mm, however, it is drivable.

3) All spills on national roads are deemed to be dangerous and depending on the effects can be declared as disaster in terms of the Disaster Management Act, 2002 ( Act No 75 of 2002). This may depend on the toxicity levels and the magnitude of such a spillage. The Department of Cooperative Governance and Traditional Affairs, together with the relevant Authority in whose area of jurisdiction that portion of the road fall may declare any emergency situation as a disaster. Provincial Departments are required to prepare disaster management plans for the entire province.

4) The National Nuclear Regulator (NNR) is responsible for the enforcement and the safe transportation of the radioactive materials. Transporting and handling of radioactive material is regulated by the National Nuclear Regulator and not by the Department of Transport.

5) The road from Springbok to Vaalputs (MR740) appears on a first order list of needs for upgrading. The equitable share funding is not enough to address all the upgrading needs of roads in the Northern Cape Province. Only R60m/annum available from equitable share is for capital works. This allocation is committed over the MTEF period

Reply:

1. (a) To date the Department has paid an amount of R3 786 912.00 in rental. The amount is cumulative and it’s the rental being paid to the land owner since the judgment.

(b) There was no agreement but compliance with the court order.

2. Yes.

3. (a) None.

(b) Falls away.

 

 

Reply:

Yes, he did escape from the Warmbokkeveld Correctional Centre on 11 September 2015.

  (a) On Saturday morning, 12 September 2015, it was found that the head count of inmates at unlock did not rally with the lockup number. There was a discrepancy of one (1) inmate not accounted for. A roll call was conducted and it was noted that one unsentenced offender, admitted on Friday, 11 September 2015 was not in the Correctional Centre. The case was reported to the local South African Police Services (SAPS) and the offender was re-arrested by the SAPS within an hour of the report.

On further investigation it was established that the inmate had, upon admission, gone to the toilets located next to the doorway leading into and out of the building and close to the parked SAPS vehicle. The inmate then managed to slip through the door unnoticed and he hid himself in the undercarriage of a SAPS vehicle that later exited the centre.

   (b) Yes, an investigation has been launched into the matter and the inmate has been charged for escaping from lawful custody and his next court appearance is on 09 November 2015 (SAPS Ceres Case Number 306/7/15)

  (c) The internal investigation is still continuing and where needed, disciplinary action against Correctional Officials will be instituted.

Reply:

(1) In terms of the number of occurrences, per the main operators TFR and PRASA, the table below provides the annual numbers for the periods 2010/11, 2011/12, 2012/13, 2014/15, 2014/15 and the current period 2015/16 as at the end of Quarter 2 (30 September 2015).

	Analysis of Occurrences
Annual Period	TFR	PRASA	Total
	Number	of Total	Number	% of Total
2010/11(a)(i)	2256	54%	1356	32%	4181
2011/12(a)(ii)	2198	51%	1464	34%	4348
2012/13(a)(iii)	2198	52%	1468	34%	4262
2013/14(a)(iv)	2236	49%	1843	40%	4587
2014/15(a)(v)	2282	49%	1922	41%	4632
2015/16 YTD(b)	1045(i)	51%	950(ii) & (iii)	47%	2031

(2) (a)(i)(ii)

All operational occurrences and security-related incidents are captured as per the relevant category, and all fatalities and injuries are therefor recorded against such category. In terms of the number of fatalities and injuries per annum over the requested periods, the following table provides insight per operational occurrence category.

	2010/11	2011/12	2012/13	2013/14	2014/15	2015/16 Ytd
Operational Occurrence Category	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries
A: Collisions during movement of rolling stock	4	164	2	1162	0	420	0	27	0	157	19	634
B: Derailments during movement of rolling stock	1	121	1	33	0	22	0	14	0	12	0	24
C: Unauthorised movements including rolling stock movements exceeding limit of authority	0	0	0	0	0	0	0	0	0	0	0	2
D: Level crossing occurrences	44	134	13	48	38	73	18	66	17	68	3	14
E: People struck by trains during movement of rolling stock	364	199	354	193	355	231	394	201	410	250	190	94
F: People-related occurrences: trains outside station platform areas or in section	0	88	3	106	0	77	4	194	2	320	7	158
G: Passenger-related occurrences: travelling outside designated area of train	12	78	7	80	21	86	16	80	21	134	4	40
H: People related occurrences: platform- train interchange	16	618	20	777	18	753	7	689	8	569	5	311
I: People related occurrences: station infrastructure	6	64	0	65	0	76	0	183	0	156	0	77
J: Electric shock	10	18	12	26	8	8	16	15	15	20	12	8
K: Spillage/leakage, explosion or loss of dangerous goods	0	0	0	0	0	0	0	0	0	29	0	0
L: Fires	0	50	0	30	0	41	1	29	0	31	0	1
Total per annum	457	1534	412	2520	440	1787	456	1498	473	1746	240	1363

The Table below provides insight into the number of fatalities and injuries as a result of security-related incidents

	2010/11	2011/12	2012/13	2013/14	2014/15	2015/16 Ytd
Security-related incident category	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries	Fatalities	Injuries
1: Theft of assets (impacting on operational safety)	0	0	0	1	0	41	0	3	0	4	0	0
2: Malicious damage (vandalism) to property	0	15	0	4	1	0	0	14	2	34	0	5
3: Threats (to operational safety)	0	0	0	0	1	13	0	0	0	0	0	0
4: Hijacking of trains	0	0	0	0	0	0	0	0	0	0	0	0
5: Crowd-related occurrences	0	0	0	0	0	0	0	11	0	2	0	0
6: Industrial action	0	0	0	0	0	0	0	2	0	9	0	0
7: Personal safety on trains	7	122	4	98	0	0	1	201	1	340	7	90
8: Personal safety on stations	9	60	0	88	3	45	1	137	5	165	2	64
9: Personal safety outside station platform area (including yards, sidings and depots)	14	6	9	34	2	25	8	11	4	52	1	15
TOTAL	30	203	13	225	7	124	10	379	12	606	10	174

(2) (b) A further analysis of these occurrences was done in order to establish where within the Republic these occurrences are taking place. Gauteng, KwaZulu-Natal and Western Cape provinces are areas under which a significant number of such occurrences have been recorded during the requested reporting periods. This is mainly as a result of the location of the passenger lines as well as the density of the population which live in close proximity to the railway. The table below illustrates the distribution per province in terms of operational occurrence fatalities and injuries:

	Fatalities	Injuries
Province	2010/11	2011/12	2012/13	2013/14	2014/15	2015/16	2010/11	2011/12	2012/13	2013/14	2014/15	2015/16
Eastern Cape	2%	5%	3%	2%	5%	8%	2%	1%	3%	1%	1%	6%
Free State	3%	2%	2%	2%	2%	0%	1%	1%	1%	1%	1%	0%
Gauteng	32%	30%	35%	38%	43%	42%	56%	70%	62%	57%	50%	69%
KwaZulu-Natal	22%	26%	18%	23%	16%	26%	14%	15%	18%	17%	22%	10%
Limpopo	4%	1%	2%	2%	0%	0%	4%	0%	1%	1%	1%	0%
Mpumalanga	3%	3%	8%	3%	2%	2%	1%	1%	1%	1%	1%	0%
North West	4%	4%	3%	4%	2%	0%	3%	1%	2%	1%	3%	1%
Northern Cape	1%	0%	1%	1%	1%	2%	1%	0%	0%	0%	1%	1%
Western Cape	28%	30%	29%	26%	29%	20%	20%	10%	12%	20%	22%	12%
Grand Total	100%	100%	100%	100%	100%	100%	100%	100%	100%	100%	100%	100%

With regard to fatalities and injuries as a result of safety-related incidents, the statistics is a reflection of the national crime trends, as per the table below:

	Fatalities	Injuries
Province	2010/11	2011/12	2012/13	2013/14	2014/15	2015/16	2010/11	2011/12	2012/13	2013/14	2014/15	2015/16
Eastern Cape	0%	0%	0%	0%	0%	0%	2%	0%	2%	1%	0%	1%
Free State	0%	0%	0%	4%	0%	0%	0%	0%	1%	0%	0%	1%
Gauteng	46%	50%	50%	26%	43%	17%	44%	48%	52%	36%	43%	38%
KwaZulu-Natal	31%	27%	17%	26%	29%	0%	19%	17%	25%	15%	13%	12%
Limpopo	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%
Mpumalanga	4%	4%	6%	9%	0%	0%	0%	0%	1%	0%	1%	0%
North West	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%
Northern Cape	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%	0%
Western Cape	19%	19%	28%	35%	29%	83%	34%	34%	19%	47%	42%	49%
Grand Total	100%	100%	100%	100%	100%	100%	100%	100%	100%	100%	100%	100%

(2) (c) Given the nature of the different types of occurrences, various causes have been identified as contributing towards such occurrences. The following four main reasons can be highlighted:

(i) Poor or lack of maintenance of rolling stock and infrastructure. One of the main contributing factors for derailments is poor maintenance of the track which results in broken or cracked rail, opening of the rail gauge underneath the train, defective signalling and electrical equipment and points. Other factors are the difference between the height of the platform and the train, which give cause to people falling when alighting trains. It has also become evident that lack of maintenance of roads leading to and from level crossings contribute to such occurrences.

(ii) Open / unrestricted access to the railway reserve. It is important to note that the majority of fatalities are as a result of Category E-People struck by trains which occur when a member of the public is struck by a train whilst crossing the railway track in an unauthorised place and manner. A significant number of persons who were struck by trains were the members of the public as well as employees. In terms of the members of the public, this is a further indication that people have an easy to the railway network. They may be using the network for various reasons such as crime, committing suicide or to access their amenities easily. A concern lies with the number of employees being struck by trains particularly on the running line. This suggests that these employees either do not adhere safety precautions when occupying the railway lines or the aspired safety culture is being neglected. The ease of access also contributes to collisions with obstacles such as livestock and game which move freely over and along railway lines. A further factor appears to be spatial planning which does not take the railway line into consideration.

(iii) Human factors. Various human-related factors such as train driver fatigue, poor supervision, lack of experience, negligence and poor communication have contributed to the majority of collisions between trains. Other aspects such as train driver behaviour, including speeding, passing signals at danger and not adhering to driver operating procedures have also been found as contributing factors.

(iv) Lack of enforcement / crime. One of the main reasons contributing towards level crossing occurrences, is the lack of law enforcement and lawless behaviour on the side of vehicle drivers. Signals and signs are not being observed, resulting in vehicles being struck by trains at a level crossing. Trespassing, theft of equipment and cables give further rise to an unsafe railway environment.

(v) The Railway Safety regulator produces on an annual basis the State of Safety Report in compliance with Section 20 of the National Railway Safety Regulator Act No. 16 of 2002 (as amended) (the Act) which requires that “The Regulator must produce and submit to the Minister an annual report on the safety of workers, the public and the environment associated with railway operations that the Regulator is required to regulate under this Act including any other matters that may be prescribed. The statistics of operational concurrences as provided below are therefore extracts from such reports for the periods as requested.

(3) The Railway Safety Regulator produces, on an annual basis, a report of the State of Safety in the railway environment in compliance with Section 20 of the National Railway Safety Regulator Act No. 16 of 2002 (as amended). The Minister of Transport tables this report annually in Cabinet. The statistics provided are extracts from these reports for the periods as requested.

Reply:

1. No, in terms of the Administrative Adjudication of Road Traffic Offences (AARTO), Act 46 of 1998, traffic authorities are not authorized to issue warrants of arrest for an AARTO infringement.
2. In terms of the AARTO Act the issuing and serving of infringement notices is the responsibility of the issuing authorities. Therefore the Road Traffic Infringement Agency (RTIA) does not have the power to retract irregular notices. However, should the RTIA become aware of irregular infringement notices being issued, it may recommend to an issuing authority in writing to retract such notices and provide reasons for the recommendation.
3. All Enforcement Orders issued and served by the RTIA are done so in terms of the conditions as prescribed by the AARTO Act. These conditions are followed in order to ensure that no irregular Enforcement Orders are issued. However, should an infringer apply for the revocation of an Enforcement Order and submit substantive reasons that are to the satisfaction of the Registrar, an Enforcement Order may be revoked.

Reply:

I wish to inform the Honourable Member that Mr Voice Morris Sambo was refused amnesty by the Truth and Reconciliation Commission (TRC) because he failed to make full disclosure.

The TRC nevertheless recommended that despite the refusal of Mr Sambo’s application, the Committee is of the view that in the light of the continued and considerable harassment that the applicant was subjected to and particularly in the light of the extremely harsh sentence that the applicant received, that this is an appropriate case for executive intervention. Accordingly, the TRC recommended that the Ministries of Justice and Correctional Services investigate the matter with a view to affording the applicant an appropriate reduction in sentence.

Sentences are, however, imposed by the courts. I as Minister of Justice of and Correctional Services, have no power to reduce a sentence or to pardon those who have been found guilty and sentenced by the courts.

I would recommend however, that Mr Sambo consider the following two (2) options:

Firstly, applying for a Presidential pardon to the President of the Republic of South Africa, who has the power to pardon offenders sentenced to direct imprisonment. It is the prerogative of the President whether to grant or not to grant pardon.

Secondly, if Mr Sambo meets the minimum requirements for parole, he can submit his application to be considered for parole to the Parole Board.

Reply:

1. The Department of Agriculture Forestry and Fisheries (DAFF) continues to monitor conditions in the provinces and issue updated early warning information/ advisory information to the sector which includes strategies to implement during dry conditions. Such strategies include:

• Usage of grey water especially in food gardens.
• Harvesting water during rainy days.
• Irrigating in the late afternoon/ early evening to reduce evaporation.
• Using drip irrigation instead of sprinklers as it saves water.

The provincial departments of agriculture have made funding requests to the National Disaster Management Centre (NDMC) through their Provincial Disaster Management Centres (PDMC) requesting assistance in the form of rehabilitation and construction of water resources in farms hardly hit by drought. The provincial requests are made through normal drought disaster declaration and classification processes.

In addition to the normal disaster funding applications, the department is furthermore implementing the Prevention and Mitigation of Disaster Risks projects which is aimed at risk reduction that addresses mitigation and prevention measures. These projects considers the drilling and equipping of boreholes in provinces, especially those in dire need as a result of dry conditions or drought. To date, boreholes have been drilled and equipped in Limpopo, Mpumalanga, Free State and North West Provinces.

In mitigating the impact of dry conditions that culminate to water shortage and drought on farmers, the department has further developed coping strategies of various natural hazards. To date, coping strategies for drought have been developed and published into all official languages to be understood by all. These strategies were issued to farmers and officials. Farmers are constantly encouraged to adapt to the changing conditions, that is, to consider suitable farming operations and implement good farming practices as conditions are also aggravated by poor practices.

Furthermore, roving seminars on weather and climate are continually being conducted in all the provinces. The main objective of these seminars is to make farmers more self-reliant by helping them become better informed about effective weather and climate risk management for the sustainable use of natural resources for agricultural production.

2. This is the mandate of the Department of Water and Sanitation.

3. This s the mandate of the Department of Water and Sanitation.

Reply:

The Department of Agriculture, Forestry and Fisheries (DAFF) continues to work closely with the various South African national honeybee commodity organisations aimed at supporting honeybee health in South Africa. The South African National Biodiversity Institute (SANBI) has been conducting research on South Africa’s honeybees, as an indigenous part of this country’s biodiversity. It has investigated the relevant resources underpinning the managed honey bee industry. Earlier in 2015, a project was completed that has been funded by the Working for Water Programme of the Department of Environmental Affairs (DEA) and implemented by SANBI and the Agricultural Research Council (ARC). It showed that eucalyptus trees, certain crops (e.g.  sunflower, citrus and canola), as well as indigenous trees and shrubs, in addition to various flowering plants in suburban gardens and on roadsides (wildflowers or weeds) are critically important to South Africa’s indigenous honey bees. It is to be expected that the various role players will act on this information in support of the South African honeybee.

In 2013, DAFF promulgated a control measure, Regulation 858, under the Agricultural Pests Act 1983 (Act No. 36 of 1983) to ensure beekeepers register with DAFF on an annual basis. Beekeepers must mark their beehives with the registration number and inspect colonies on a regular basis to check for symptoms of regulated bee diseases such as American Foul Brood (AFB), and the social parasite, Apis mellifera capensis. If a beekeeper detects AFB, a management plan must be implemented to manage the pest and DAFF must be notified regarding a detection. The aim of the control measure is to ensure reliable and timeous notification of AFB outbreaks in the country. Unfortunately, DAFF has received very few notifications from individual beekeepers to pinpoint the exact locations of the detections. However, serious outbreaks are indicated by the Beekeeper associations such as the South African Beekeeping Industry Organisation (SABIO). These were also reflected in the media on several occasions. The DAFF has developed a Biosecurity Strategy for AFB which will be finalised depending on a delimiting sampling process. It is hoped this will provide scientific evidence of the presence and virulence of the AFB disease in the Western Cape and elsewhere in the country.

Reply:

The management of drought requires integrated and multi-disciplinary approaches flowing from mandates of various sector departments and other role players. It is on this basis that the Department of Agriculture Forestry and Fisheries collaborates with all relevant Ministers including the Minister of Water and Sanitation in dealing with the Northern KwaZulu-Natal drought situation under the support of the Minister of Cooperative Governance and Traditional Affairs as the custodian of the Disaster Management Act of 2002 (Act 57 of 2002).

If not, why?

The Republic of South Africa has governing piece of legislation on disaster management that guides spheres of government as well as organs of state on how to deal with cross cutting issues. In the case of disasters and disaster risk management there is the Disaster Management Act, no. 57 of 2002, the National Disaster Management Framework of 2005 and the Public Finance Management Act of 1999 (Act 1 of 1009). The above legislation stipulate the roles and responsibilities of all organs of state which among others is to provide for an integrated and coordinated disaster management policy focusing on preventing or reducing the risk of disasters, mitigating the severity thereof, preparedness, rapid and effective response to disasters and post-disaster recovery. The Disaster Management Act 2002 places statutory responsibilities for disaster risk reduction on every organ of state in each of the three spheres of government and gives a mandate for the establishment of disaster risk management centres in all the spheres.

The national disaster response and recovery coordination is done by the Department of Cooperative Governance (DCOG) through the National Disaster Management Centre (NDMC). So DAFF is working under the coordination of DCoG and other relevant sector departments in addressing the disaster relief programmes nationally. The provinces and municipalities also collaborate with the Minister of Water and Sanitation in dealing with the Northern KwaZulu-Natal situation and other affected areas. The provincial Department of Agriculture of KZN put R6 million aside to assist the affected farming communities with supply of fodder to small scale and subsistence farmers. The national drought relief request is submitted to NDMC for both classification and declaration of a state of drought disaster.

Reply:

The KZN Department of Agriculture & Rural Development and Department of Agriculture, Forestry and Fisheries (DAFF) conducted a joint assessment with relevant stakeholders in order to establish the extent of the disaster and to establish the number farming communities affected. The provincial assessment reports were then submitted for declaration processes to the Provincial Disaster Management Center (PDMC) and further to the National Disaster Management Center (NDMC) for classification of National Disaster as per Disaster Management processes. The Provincial departments of agriculture have compiled a request for funding through their respective PDMC’s to the NDMC.

Currently a state of disaster was declared in KwaZulu Natal and agriculture was not included on the declaration; however the process of re - declarations of state of disaster for Agriculture and other sectors are underway and the classification will follow at a later stage. The KwaZulu Natal province in the meantime established a provincial drought scheme and is currently implementing an amount of R6 Million on the purchase of livestock feed to assist the affected farmers. The drought assistance has been further sourced from Industrial Development Cooperation (IDC) and Land bank and were advised to consider other farmers within their drought schemes.

DAFF continues to provide support and guidance to the provinces regarding disaster related matters particularly on the promotion of Disaster Risk Reduction Measures as prescribed by the Disaster Management Act (57 of 2002). Early warning information and advisory information are issued to the sector, which include strategies to implement during dry conditions; also coping strategies for drought have been developed and disseminated to the farming communities and officials in the sector. The Provincial Departments of Agriculture are also requested to establish Disaster Risk Management Units to enhance risk management operations in their provinces.

Reply:

1. All student clubs, societies and organisations apply to the Student Representative Council (SRC) for affiliation. Applications for affiliation are made as per provision of the Constitution of the SRC of an institution. Affiliation entitles a club, society or organisation to:

• apply for a financial grant from the SRC;
• use any premises on the University with approval from the respective University department;
• use designated notice boards provided that those notices are signed by the SRC;
• use SRC transport subject to the specified rules; and
• use other resources incidental to its existence as a club, society or organisation subject to the specified rules of the University.

The Department does not have access to the financial records of the SRCs as they are governed by their (SRC) individual constitutions in terms of reporting and accountability to students. Furthermore, the allocation and management of funds by the SRC are done in line with the financial policy of the individual universities. The Student Parliament should, by a simple majority, recommend to the SRC, affiliation and budgets of student structures subject to specified criteria and the SRC making the final decision.

2. The source of budget of all SRC affiliated structures is made up of the allocation from the respective SRCs as well as donations that should be declared. SRC affiliates do not receive or source any funds directly from the state subsidy. All funds made available by the University for student governance is applied and managed in accordance with an approved budget and financial policies of the University. All affiliated structures submit annual budgets in prescribed form to the SRC.

3. In order to be recognised as a legitimate student organisation, and receive a financial grant from the SRC, a candidate-organisation must submit an application on the prescribed form and attach a founding declaration by a minimum of fifty (50) students (the number varies from one institution to the other) that they have committed to become members of an organisation. This declaration must contain the names, student numbers and signatures of these founding members, and a draft constitution for the new organisation, which includes at least the proposed name of the organisation, purpose and main objectives, management structure and the duties and responsibilities of its office-bearers. The club or society should also submit a programme of action to be considered by the SRC and the Student Parliament. Upon submission of all these documents, the SRC will consider for approval and affiliation of the new structure.

A newly affiliated organisation must present audited financial statements and an acceptable annual report at the Annual General Meeting held in the second semester of a year in which they receive recognition as an SRC affiliate (reporting differs from institution to institution). Failure to do so could result in the SRC withholding further use of the resources and/or penalising the organisation in the following year.

The Treasurer of the SRC is accountable for the budget of the SRC and affiliates, financial transactions and records, and fundraising in accordance with financial policies and rules of the University. Affiliated organisations shall receive funding as determined by the SRC budgetary guidelines which are approved by the SRC in consultation with the Student Parliament, but may approach the SRC for additional financial assistance if such is considered and justified in terms of their approved programme of activities for the current year.

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3817 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Yes. The Department participated in the Institute of Municipal Finance Officers Conference (IMFO) held in Ekurhuleni in October 2015.

(a) The Executive Manager: Municipal Audit Outcomes and Revenue Management participated as a panel member on the Effective Governance – Audit & Risk Management Back to Basics: Ethics enhancing local government accountability discussion. The panellists made a brief presentation on the subject and fielded specific questions from the floor.

The Senior Manager Revenue Management and the Manager Municipal Audit Outcomes participated as delegates to the conference; they are the relevant personnel to attend because of the municipal financial management support nature of their work that is directly linked to the work of IMFO.

(b) Conference fees amounting to R 6906.50 per person, were paid for the two delegates. No conference fees were paid for the Executive Manager, as she was participating on IMFO’s invitation as a panellist.

(c) The conference fees amounting to R 6906.50 per person (R13 813 in total) covered the attendance of the conference for the three days. The topics of interest to the department were the following: Back to Basics Sound Governance in relation to Audit Opinions, Effective Governance, Municipal Standard Chart of Accounts, Revenue Value Chain, Ethics Enhancing Local Government Accountability, Role of Councillors in Financial Management, Oversight, Effective Performance Management Systems in the Local Government and The Implication in Implementing the central database: Local Government.

(d) To the best of our knowledge, the Departmental stand was manned throughout the conference, one staff member from the department was assigned for the exhibition. The setup of the stall commenced on the 04 October and the stall was only dismantled on the 07th October at 14:00 after the conference.

Reply:

1. and (2) The table below presents the amounts written off as irrecoverable debt; the amounts incurred, condoned and written off as irregular expenditure as well as fruitless and wasteful expenditure for each metropolitan municipality in the 2014/15 financial year. The information was sourced from the National Treasury.

Metropolitan Municipality	1(a) Irrecoverable Debt	Irregular Expenditure	Fruitless and Wasteful Expenditure	Unauthorised Expenditure
	Amount Written-off in 2014/2015	1(b) Amount Incurred in 2014/15 FY	2(a) Written-off/ Condoned	1(c) Amount Incurred in 2014/15 FY	2(b) Written-off/ Condoned	1(d) Amount Incurred in 2014/15 FY	2(c) Written-off/ Condoned
Buffalo City	R 151,514,667	R377,136, 842	R-	R479,621	R-	R245,355,953	R-
Nelson Mandela Bay	R 257,092,457	R237,405,522	R8,184,320	R1,265,661	R198,938	R32,399,251	R640,829,075
Mangaung	R 687,414,714	R8,066,258	R-	R209,103	R-	R990,840,558	R-
Ekurhuleni	R 1,391,546,895	R30,385,244	29,340,359	R31,124,642	R1,165,930	R29,570,789	R-
City of Johannesburg	R -	R-	R-	R45,000	R-	R-	R-
City of Tshwane	R -	R65,323,586	R50,611	R992,600	R329,768	R1,023,573,003	R1,193,981,952
Ethekwini	R 111,311,000.00	R129,961,000	R402,900,000	R-	R-	R-	R-
City of Cape Town	R 691,852,000.00	R-	R45,000	R-	R-	R-	R-

(3) Metropolitan municipalities do not receive Municipal Infrastructure Grant (MIG).

Reply:

Yes, there is a service level agreement in place between the National Student Financial Aid Scheme (NSFAS) and Celbux SA (Pty) Ltd.

  (a) The parties to the sBux Scheme consist of NSFAS, Celbux SA (Pty) Ltd, students who receive allowances in the form of cell phone vouchers via the sBux Scheme and designated merchants who contract with both NSFAS and Celbux SA (Pty) Ltd.

There are several agreements in place which regulate the relationship between various parties participating in the sBux Scheme. The type of agreements and the parties to those agreements are provided below:

• a service level agreement between NSFAS and Celbux SA (Pty) Ltd;
• loan and/or bursary agreements are concluded between NSFAS and students in terms of which allowances are allocated to students; and
• merchant registration agreements are concluded between NSFAS, Celbux and merchants.

 (b) NSFAS and Celbux have contracted in the form of a service level agreement in terms of which NSFAS has procured access to the technology, licences, authorisations and facilities to offer a mobile payment solution which ensures that the sBux service is available to the students at all times. The sBux service is a free service which is available to NSFAS students who are eligible for allowances. Presently however, only students registered at the eleven institutions participating in the new student centred model are able to receive their allowances in the form of cell phone vouchers.

NSFAS enters into contracts with students for the provision of non-cash allowances in the form of unique cell phone vouchers across four spending categories. These categories include books, meals, private accommodation and transport. However, as the transport category is not yet enabled, students receive cash vouchers in lieu of transport. In the latter case, the students are able to withdraw cash up to predetermined daily limits from registered cash withdrawal agents such as Shoprite (Pty) Ltd and Boxer (Pty) Ltd.

The agreement with Celbux makes provision for an audit trail for all transactions made on the system and additionally makes provision for fraud monitoring services.

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3850 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. The DBSA has indicated that it has not withdrawn funding from Amathole District Municipality.

a)   The DBSA has indicated that it signed a loan agreement with Amathole District Municipality to advance a portion of its future MIG allocations for the accelerated sanitation programme, with the pledging period expiring on 30 June 2015. The total amount to be advanced as per the loan agreement was R631 million, with the first tranche of R286 million disbursed to the Municipality at the start of the programme (January 2015). Due to the fact that the programme was delayed, the Municipality could not draw the full amount of R631 million before the end of the pledging period. However, the loan availability is still active until 31 December 2016. This means the District Municipality may still apply to National Treasury for the extension of the pledging period. Regarding payment of subcontractors, this is a contractual matter between the Siyenza Group and the affected sub-contractors as the liability for the payment of these subcontractors rests with the Siyenza Group.

b)   The Amathole District Municipality has indicated to COGTA that it has terminated its contract with the Siyenza Group, which was carrying out the construction work. This is the reason why the work has stopped.

c) As indicated above, the payment of subcontractors is a matter between the Siyenza Group and the subcontractors concerned.

    i. As indicated above, the DBSA has indicated that it has not withdrawn funding.

    ii. As per the loan agreement between DBSA and Amathole District Municipality, the loan amounts are to be repaid to DBSA over the next two financial years (2015/16 and 2016/17), utilising a portion of MIG funding to the Municipality.

    iii. The Municipality has indicated that, should National Treasury extend the pledging period, the Municipality will, following required procurement processes, contract directly with as many of the sub-contractors as possible to complete the project.

2. As indicated above, the Municipality has indicated to COGTA that it has terminated its contract with the Siyenza group. Questions regarding the details of this termination and whether any further payments are due to the contractor should be referred to the Municipality.

3. (a) Reasons for own office accommodation

According to the Amathole District Municipality, the business case to acquire its own offices was prepared as far back as 2004. The ADM has over the years spent a substantial amount on rented office accommodation around East London from its operational budget. It was also felt that a single office structure to accommodate its head office staff was more beneficial than having departments and business units scattered around the city. It remains the aim of the ADM to own its own premises in order to house its office staff, rather than to carry on renting office space.

Reasons for relocation to Stutterheim

According to Amathole District Municipality, prior to 2011, the Buffalo City Municipality was one of the local municipalities situated within the jurisdiction of the ADM. According to the location of the ADM’s head office and seat of council in East London at the material time, were within its area of jurisdication:

However, after Buffalo City Municipality was established as a metropolitan municipality following the 2011 local government elections, it ceased to form a part of the ADM. This gave result in a situation where the ADM, which is a largely rural based municipality, having its head office outside its area of jurisdiction. Consequently it does not make economic sense for the ADM to rent property outside its boundaries.

Hence following the establishment of the BCMM, the Council of the ADM resolved that the head office and seat of the ADM must be relocated to within its own jurisdiction. Following a feasibility study, the town of Stutterheim was identified as a suitable home for the ADM.

(b) Possible Funding for office accommodation

A public private partnership process (PPP) was initiated. However, suitable private partners could not be identified to work with the ADM to develop suitable premises.

Currently, the ADM is exploring other funding models for the development of its head office in Stutterheim. Whilst it may be possible to secure funding amounting to R200 million for this purpose, for the ADM to commit itself to such a funding arrangement, would require the approval of National Treasury.

4. It would be imprudent for me to comment on a policy decision that is based on factors that are not within my knowledge. I suggest that the Honourable member should pose the question directly to the Amathole District Municipality for a direct reply.

5. The Policy considerations in this matter are peculiarly within the knowledge of the Municipal Council. I suggest that this question be directed to the Mayor of Amathole District Municipality.

We certainly agree that the maximum part of expenditure in the municipality should be spent on services for the public.

1. BACKGROUND

• 1. The DBSA signed a loan agreement with Amathole District Municipality to advance a portion of its future MIG allocations for the accelerated sanitation programme expiring in December 2015.The loan agreement was dependent on approval by National Treasury to allow Amathole District Municipality to use a portion of its future MIG to pay the DBSA for funds advanced to accelerate the sanitation programme. The loan agreement is valid till December 2016. However, National Treasury approval for the municipality to pledge its conditional grant had a validity period up to June 2015, with an additional grace period of three months thereafter. This meant that the municipality had until September 2015 to complete the programme. The total amount to be advanced as per the loan agreement was R631 million with the first tranche of R286 million disbursed to the Municipality at the start of the programme (January 2015). Due to the fact that the programme was delayed, the district could not draw the full amount of R631 million before the end of the pledging period as approved by National Treasury.

• 1. However, the Municipality had submitted a further claim of R81 million to DBSA before 30 June 2015. As per the loan agreement signed between the parties, disbursements were to be made subject to the Municipality providing the Bank with confirmation of work done in the form of payment certificates. The payment certificates submitted with the claim of R81 million could not support work done and the parties acknowledged that it could have been caused by the fact that the contract with the main contractor was in the process of being cancelled. As such Amathole undertook to conduct verification using internal resources.

• 1. The Municipality submitted the results of the verification in the form of happy letters signed by recipients of completed toilets to DBSA on 17 August 2015. The Bank and the Municipality assessed the happy letters as well as delivery notes of material on site and confirmed that 30,409 units had been completed and 15, 911 of uninstalled units have been delivered. There was, however, no onsite verification (verification that can confirm the existence of reported quantity, appropriate quality as well as compliance). The DBSA received a signed letter from the Municipal Manager to confirm this information. The DBSA is processing the payment of R92million based on the information provided. The rest of the balance is depended on approval of National Treasury for extension of the pledging period and extension of the loan availability by the DBSA.

1. DISCUSSION

Amathole District Municipality is alleging that the reason the project has stopped is because National Treasury has refused to extend the pledging period beyond June 2015.

National Treasury has, however, indicated that it approved the Amathole Business case in August 2014 with a condition that the implementation of the project was going to happen over a nine (09) months period as indicated and motivated for by the Amathole District Municipality in their Business Case. This meant that implementation was to complete on 30 June 2015. Since approval was granted by National Treasury, Amathole District Municipality never approached National Treasury regarding the extension of the time on the pledge with the exception of the meeting dated the 30 July 2015 where a formal presentation was made to National Treasury by the Municipality. Further, in the business case that was approved, the Amathole District Municipality had indicated that they may require an additional three months to accommodate for unforeseeable circumstances. This meant that the implementation period could stretch until the end of September 2015. By virtue of the approval of the business case, National Treasury allowed the Amathole District Municipality the full twelve months of implementation time.

National Treasury indicated that, following the above meeting, National Treasury wrote a letter to the Municipality formally alerting the municipality to the fact that the pledge is lapsing as at the end of September 2015 and has asked for the municipality’s intention going forward. To date the National Treasury has not received any response from the municipality in this regard.  

MINISTRY

COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

REPUBLIC OF SOUTH AFRICA

NATIONAL ASSEMBLY

QUESTIONS FOR ORAL REPLY

QUESTION NUMBER 2015/3456

DATE OF PUBLICATION: XXXX 2015

Herewith a reply recommended by: Recommended by

MR NTANDAZO VIMBA DR SEAN PHILLIPSS

Executive Manager: Legal Services CHIEF EXECUTIVE OFFICER

Date: DATE:

RECOMMENDED / NOT RECOMMENDED

MR V MADONSELA

DIRECTOR-GENERAL

Date:

SUPPORT / NOT SUPPORTED

MR A NEL, MP

DEPUTY MINISTER

Date:

APPROVED / NOT APPROVED

MR PRAVIN GORDHAN, MP

MINISTER

Date:

__________________________________________________________________________________________

R O U T E F O R M

RECEIVED AND RECORDED AT THE DIRECTOR-GENERAL OFFICE ON:
DATE	NAME	SIGNATURE	1ST RETURN DATE	2ND RETURN DATE	3RD RETURN DATE
/ /2015			/ /2015	/ /2015	/ /2015

DOCUMENT CLASSIFICATION
URGENT	x	IMPORTANT		NORMAL

SUBJECT	PARLIAMENTARY QUESTION NO 2015/3456
DRAFTER	Mr Ntandazo Vimba
PORTFOLIO
DIRECTORATE	Municipal Infrastructure Support Agent
REFERENCE NO	2015/3456	TEL/CELL	(012) 8485317/ 0795055368

ROUTE	SIGNATURE	DATE	DATE RETURN
MR Ntandazo Vimba Executive Manager Vendor Services, Legal and Contracts Management
Dr Sean Phillips Chief Executive Officer MISA
MR V MADONSELA DIRECTOR-GENERAL
MR ANDRIES NEL, MP DEPUTY MINISTER FOR COOPERATIVE GOVERNANCE
PRAVIN GORDHAN, MP MINISTER FOR COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

INSTRUCTIONS / NOTES

THE MINISTER

REFERENCE NO: 2015/152 SUBJECT: PARLIAMENTARY QUESTION NO 2015/3456 Date: 16 September 2015

Reply:

It is important note from onset that the limitations with regards to compilation of tourism economic account at sub-national level are not unique to South Africa. It is for this reason that the development of such a framework is being championed by the United Nations World Tourism Organisation. Thus, at this stage, there is no framework that can be used for production of statistics at provincial and municipal level in the same manner that the Tourism Satellite Account is produced.

The Department has establish the National Tourism Research and Knowledge Management Committee, a technical committee comprised of officials responsible for tourism data at provincial level. This committee serves as a platform to strengthen initiatives related to tourism data collection at provincial and local level. Statistics South Africa is a standing member of this committee. This committee, was afford an opportunity to make input into the UNWTO process of developing a tourism economic account.

Furthermore, the department invites StatsSA on a regular basis to engage with tourism stakeholders at platforms such as the National Tourism Stakeholder Forum (NTSF) which constitutes of representatives from government i.e. ((a) provinces and (b) municipalities) and private sector to share information related to tourism statistics. This information includes methodologies for compilation of different data sets as well as tourism standard definitions to ensure comparability.

Reply:

a. Yes, Mr Amos Monyela is still an employee of the Department of Higher Education and Training. He was seconded to the National Education, Health and Allied Workers’ Union (NEHAWU) as he was elected as an Office Bearer in the Provincial Office.

b. He was appointed in the position of Deputy Director: Human Resource Management.

c. Unfortunately, I am not at liberty to divulge the salary particulars of employees without consent.

d. and (e) The official reports for work at the Gauteng Provincial Offices of NEHAWU in Johannesburg, with effect from 1 February 2012 to date.

 

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3818 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1.Yes, I have investigated the feasibility of providing free quality education for the poor and working class. In 2012, the Ministerial Working Group on Fee-Free Higher Education was established, to investigate and advise on the feasibility of making university education fee-free for the poor in South Africa. The responsibilities of the Working Group included the following:

a) determine the actual cost of introducing fee-free university education for poor people in South Africa; in other words, what would it cost South Africa to offer fee-free university education to cover people classified as poor;

b) suggest a working definition of poor people in South Africa, if necessary suggesting different categories and how all can be provided fee-free university education;

c) consider existing policy provision and broadly consult documentation of other task teams/working groups in the Department of Higher Education and Training (DHET) which deal or dealt with related fields;

d) examine various models and options of providing fee-free higher education for poor people used elsewhere in the world and make recommendations to the Minister; and

e) contemplate all possible implications and consequences of providing fee-free university education for the poor.

The Working Group acknowledged that at this point in time in the development of South Africa, a well-considered system of free university education for the poor could go a long way towards increasing both access to and the quality of higher education, and in so doing help to tackle unemployment and poverty, reduce inequality and deepen democracy. It concluded that free university education for the poor in South Africa is feasible, but will require significant additional funding for both the National Student Financial Aid Scheme (NSFAS) and the university system.

The Ministerial Working Group on Fee-Free Higher Education advised that fee-free university education for the poor is feasible, if built on the current NSFAS cost sharing and recovery model. The implementation of fee-free university education is dependent on significant funding being made available, but the quantum of funding required varies depending on the range of parameters and policy decisions.

The report recommended that NSFAS be strengthened to implement the scheme and that a policy dialogue should be put in place to discuss the parameters and develop regulations for implementation. However, before the final policy and regulations are published, funding to support the scheme must be committed.

A Policy Dialogue comprising of the DHET, NSFAS, Universities South Africa, the University Council Chairs Forum, National Treasury, the South African Union of Students and the Council on Higher Education has been established to identify current and projected funding challenges and propose policy and legislative amendments in line with the recommendations of the Working Group on fee-free education, as well as the recommendations articulated in the National Development Plan that “all students who qualify for NSFAS must be provided access to full funding through loans and bursaries to cover costs of tuition, books, accommodation and living expenses”.

2. A copy of the report is available on the following link:

http://www.dhet.gov.za/SitePages/OrgUniversities.aspx

 

 

 

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3849 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. The total owed by national and provincial departments to municipalities in unpaid services and rates amounts to R4.7 billion as at June 2015.

(b).The debtor’s age analysis is as follows

 

2. (a) The total interest charged amounts to R 291 million

(b) In ensuring that the specified debt is settled; the department participates in an inter-governmental task team that has been established to expedite the payment of debt owed by government departments to municipalities. This task team is led by the Department of Public Works.

Through the work of the task team we moved to a point where Government is improving the payment of current debt that is undisputed. The remaining challenge is older arrear debt and disputed current debt.

To accelerate payment and mitigate against disputed invoices, the Department of Public Works has employed a service provider (managed at DPW) to conduct the verification and authentication of invoices.

FOSAD has also resolved that while the debt is in disputes, departments must pay a minimum of 80% of their disputed debt whilst they are still querying it with the municipality and when verified can either be paid in full or credited to their account later on.

Reply:

No, the Department did not have a meeting with the leadership of the University of Fort Hare (UFH) to discuss the decision to exclude students who had defaulted on fee payments from writing their examinations at the end of the 2015 academic year. In terms of the Higher Education Act of 1997, Councils of universities are governing bodies and have the autonomy to decide on university governance matters, including settling of fees. Councils are the highest decision making bodies of our respective universities. There was no request from UFH for intervention by the Department. The matter is still being handled by UFH’s internal structures.

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3779 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

1. Cash-paying patients, i.e those with no medical aid are classified according to UPFS (Uniform Patient Fee Schedule).

Patients in H1 category paying nothing.

Patient in H2 paying part of the fee and patient in H3 category pay full hospital fees.

2. When a patient on medical aid utilises public health facilities, they are not required to pay only extra cash above what the medical aid pay for them.

3. Honourable Member, death of a patient due to a deliberate action by employees and/or management of state hospitals to me means murdering such a patient – that is what deliberate action will mean to me.

We have never had a report of such.

4. Since the various litigations are directed at provinces and not at the Minister, and payments are done by provinces, I am still collecting this data.

5. Honourable Member, it will to a long way for you to be a bit specific about the deaths you are referring to, in order to help me answer your question.

Number of deaths from what? HIV/AIDS? TB? Pneumonia? Diarrhoea? Diabetes, Stroke, Cancer? Hepatitis? Meningitis? Heart failure? Liver failure? Prematurity?

And what type of injuries – motor vehicle accidents? Gunshots wounds? Assault? Stab wounds? Burn wounds? What exactly?

END.

Reply:

Honourable Member will remember that the Cancer Register has just been established in our country to try and record such statistics about Cancer.

It is only in April this year that National Treasury has started funding it directly from the fiscus rather than through the National Health Laboratory Service (NHLS) as it were. But the training of Registers and reconstructive surgery is definitely going on.

END.

Reply:

(1) USAASA, as an entity, is responsible for the procurement of STBs and has confirmed placement of orders with the manufacturers of:

(a) (i) One million five hundred thousand (1.5 million)

(ii) One million antennae

(b) Department is still in the process of engagement with USAASA regarding the purchase prices of STBs and accessories

(2) USAASA has confirmed placement of purchase orders with the manufactures from the established panel of suppliers of STBs:

(a) USAASA has confirmed placing purchase orders with three companies

(b) Orders were placed in August 2015

(c) Delivery of STBs is dependent on the manufacturers satisfying Conformance Regime and the testing of STBs on the network. Actual delivery is to consider a lag period of eight (8) to twelve (12) weeks from ordering of components by manufacturers from suppliers.

(3)

(a) Any agreement for the production and supply of STBs is between USAASA and manufacturers

(b) Any agreement for the production and supply of STBs is between USAASA and manufacturers

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

1.The municipal disaster funds were not utilised to repair the specific Ring Road at Kwanomzamo, Riebeek East in Makana Local Municipality.

This road is not specified within the approved Independent Assessment and Verified Report for the disaster declared in Makana Local Municipality in 2012. According to the report received from the Eastern Cape Provincial Disaster Management Centre, the Ring Road at Kwanomzamo, Riebeek East was not part of the assessed and verified project, as approved in the Independent Assessment and Verification report.

2. According to the report received from the Eastern Cape Provincial Disaster Management Centre, the Contractor appointed to repair the Ring Road is Izana Civils.

Reply:

Yes, progress has been made in that all relevant Justice, Crime Prevention and Security (JCPS) Departments were consulted and a process of approaching Cabinet for a decision on a South African position on prisoner transfer agreements with other countries has been initiated.

(a) and (b). Fall away.

Reply:

I wish to inform the Honourable Member that I have been informed by the South African Human Rights Commission, that yes, the Commission has made follow-ups in this regard.

I have furthermore been informed that following numerous correspondences (including a letter in February 2015) sent to the Municipality requesting an update on the implementation of the recommendations in the report, the Municipality appealed the Commission’s findings.

In September 2015, the Office of the Chairperson of the South African Human Rights Commission dismissed the Municipality’s appeal and the provincial office is now engaging the Municipality with a view to obtain the Municipality’s time-framed implementation plan aimed at effecting the recommendations in the report.

 

.

Reply:

The South African Government has requested the International Criminal Court for an extension of the time-limit to submit our view on the events surrounding Omar Al Bashir’s attendance of the African Union Summit in Johannesburg from 13 to 15 June 2015, until such time as the ongoing judicial proceedings before the South African Courts are finalized.

The Pre- Trial Chamber of the ICC has granted an extension and has ordered the competent authorities in the Republic of South Africa to report to the Chamber on any developments in the judicial proceedings as they occur; and should no such developments occur prior to 15 December 2015, to submit a report detailing the status of the relevant domestic judicial proceedings not later than 31 December 2015.

The Honourable Member’s request for reasons is therefore premature.

 

Reply:

The Department has requested the MEC responsible for local government in the Northern Cape Province to investigate this matter and report back to the Minister. The Honourable Member will be furnished with a reply once the information referred herein is received

Reply:

The provincial department of agriculture in the Eastern Cape called the Department of Rural Development and Agrarian reform has reported that R1.9 million was paid to Magwa tea plantation for the workers’ salaries in 2015/16. The province has indicated that this amount is what they could afford in the current financial year but there is a huge backlog. This project is funded through the equitable share and was never funded through the conditional grants. The Department of Agriculture, Forestry and Fisheries (DAFF) has been informed that a business rescue plan has been developed which indicates that at least R66 million is needed to turnaround the business, this figure includes outstanding payments due to workers. The DAFF welcomes the business rescue plan and will set up a team to verify this report by the province and determine the actual outstanding payments to workers as well as support the province in its bid to get additional funding to support the project. It is stated that the business is currently not profitable and no assurances can be made for workers to be paid their salaries on time under current situation.

Reply:

(a) Contracts were entered into between USAASA and the Manufacturers of which terms of references

(b) Payments are part of the terms of the reference between USAASA and manufacturers

(c) Terms of payment are part of the contract terms of reference between USAASA and manufacturers

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

a) As the Department we understand Red tape as set of processes/ systems that requires excessive formality or routine to perform or execute functions that impediments the department to achieve its set objectives within a reasonable time period.

b) (i) The department holds monthly management meetings to address all challenges faced by the department. Furthermore, there are Forums in place and functional i.e. Chief Financial Officers Forums, Technical Advisory Committee to National Health Council and National Health Council.

(ii) (aa) (bb) (aaa) The Department has approved policies in place and fully implemented, are in line with national policies and regulations. The department has management tracking system register in place and fully functional to track and reduce the red tapes.

The public entities reporting to the Minister of Health defines red tape as follows:

• The Office of Health Standards Compliance: excessive regulation of external stakeholders (health establishments) and internal business operations which hinders flexibility in the business operations of the regulated stakeholders and internal business operations of the entity.

• The National Health Laboratory Service: excessive regulation and bureaucratic practices which hinder timeous decision making.

• The South African Medical Research Council: there is no legal / public policy instrument that gives an official meaning to the concept of “red tape”. However, the general understanding is that the concept would refer to an “unnecessary delay”.

- The Council for Medical Schemes: excessive regulation as well as rigid conformity to formal policies and procedures and as bureaucratic processes between the entity and the Executive Authority.

(b) (i) The specific interventions and/or (ii) systems implemented to identify (aa) and (bb) reduce red tape in the (bbb) entities reporting to the Minister of Health are as follows:

• The Office of Health Standards Compliance (OHSC): Regulates health establishments in the country through regulations which get processed for promulgation by involving stakeholders through publication of the draft regulations for public comments to identify through comments received, any provisions in the draft regulations which may be considered Red Tape by stakeholders. Review of the comments received provide the OHSC an opportunity to identify and reduce “red tape” by ensuring that provisions in the regulations allow for flexibility in how the regulated stakeholders conduct their business, but without compromising on the compliance requirements (public protection) to ensure quality in the provision of health services by health establishments.

Internally OHSC also has policies in place which provide guidance in terms of how decisions should be made to avoid “red tape”. The policies go through a rigorous process of review by OHSC governance structures (Management and Board Committees) before approval by the Board as the ultimate Accounting Authority. This review process is meant to ensure that any provisions in the policies of the entity which may be considered “red tape” are identified and reduced by considering flexible ways for decision making. The OHSC has a delegation of authority policy which also assists in dealing with “red tape” by ensuring that operational decisions are left for management to take and that only strategic decisions are reserved for the Board.  

• The National Health Laboratory Service (NHLS): The NHLS Board has clear mandate as outlined in the NHLS Act and Board Charter. These instruments allow the Board and Executives to make decisions within the confines of the delegated powers and authority. Issues requiring Ministerial approval are referred to the Department in writing and feedback is received timeously.

• The South African Medical Research Council (SAMRC): Due to the lack of legal / authoritative premise to support the concept, the SAMRC does not have a standing policy on identifying “red tape”. However, the SAMRC has the internal policies that guide it on delivering its mandate and engagements with other health / science cluster entities or with the ministry or the departments.

In particular, among others, the SAMRC uses the following processes to ensure that no unnecessary delays result from any of the SAMRC processes:

• A review of the key processes to identify bottlenecks and areas that can be improved from an efficiency perspective without compromising compliance with the relevant legislation; and
• Feedback from customers and staff.

The following interventions have been introduced to reduce delays”:

• Automated processes wherever possible to speed up transaction times and reduce manual intervention;
• The coordination of key processes in a shared services environment to ensure processes are consistent and as efficient as possible;
• Automated help desks in areas such as IT, facilities, finance and supply chain management to enable staff and customers to communicate problems quickly and enable their resolution to be tracked; and
• Service level agreements for departments with target turnaround times for services provided which are tracked and published to staff and customers.

Laws such as the Inter-governmental Relations Framework Act, existence of the Research Ethics Committee as well as the Significance and Materiality Framework agreed between the SAMRC and the Ministry of Health in terms of the Public Finance Management Act, form part of the regulatory regime the SAMRC utilises to manage its engagements.

• The Council for Medical Schemes (CMS): The CMS develops Memorandum of Understanding with entities it works with and departments within the CMS, this allows for more efficient processes to be followed. Policies and procedures are presented to the different governance structures within CMS where the policies are interrogated to ensure that they are not cumbersome and that CMS is able to carry out its mandate with minimal amount of “red tape”, it allows for flexibility without compromising CMS in terms of compliance with relevant legislation. Through its risk management process CMS is able to identify key areas where there are delays in processes that may hinder CMS in executing its mandate. Automated processes e.g. Real time monitoring of schemes financials have been introduced to stakeholders to allow for submission of regulatory information with as little “red tape” as possible. CMS deals with the Executive Authority through the office of the Health Regulation and Compliance division at the National Department of Health (NDoH) and further a task team has been established between CMS and NDoH in order to promote communication to avoid unnecessary “red tape”.

END.

Reply:

The following information was provided by City Power Johannesburg:

The electricity distribution industry is characterised by distribution losses, and categorised into technical and non-technical losses.

Technical losses represent the energy lost when transmitted and distributed through overhead lines, transformers and cables to reach the customer, while non-technical losses represent losses due to theft of electricity, unbilled and incorrectly billed customers, Large Power Users illegally converted to pre-paid mode, vandalism and bypassing of meters and illegal connections.

The 28,2% losses with a monetary value of R2,5 billion refers to the 2013/14 financial year, and reflects the total distribution losses, technical and non-technical. Technical losses are calculated at 9% and non-technical losses are the difference between the total distribution and the technical losses.

For the 2014/15 financial year the total distribution losses was reduced to 18,63% with technical losses at 9% and non-technical losses at 9,63% amounting to R1,524 billion.

The City of Johannesburg annually makes budget provision for the purchase of electricity and the sale thereof and due to non-technical losses, the actual sales is less than the budget. The City of Johannesburg therefor pays for the non-technical losses.

Reply:

A Special Dispensation was adopted on 21 November 2007 following an announcement by the President addressing a Joint Sitting of Parliament in order to facilitate the granting of Presidential pardon for individuals who have committed offences they believe were in pursuit of political objectives in terms of section 84 (2) (j) of the Constitution of the Republic of South Africa, 1996. On 19 January 2008 the President announced the appointment of a Reference Group that will consider applications for pardoning and to advise the President of the "special process" for the pardoning. The Reference Group and the Department of Justice and Constitutional Development handled and managed the administration of the process. After consultation with the office of the President, the department has resuscitated this process and it is now at an advanced stage. However, it should be emphasized that only those individuals who applied for the presidential pardon are currently considered by a Ministerial Task Team.

At this stage it can be confirmed that no presidential pardons were granted to sentenced offenders. However, offenders in the above mentioned category who qualifies in terms of the normal parole placement policy are considered for parole placement and only those who comply with all requirements are released on parole. The Ministerial Task Team ensured that offenders who applied in terms of the Special Dispensation and still incarcerated have done the following programs to prepare them for eventual parole release:

• Life skills with social workers (orientation, defining of self- image, completion of collage presentation, self-knowledge and self- acceptance , development , motivation, future planning).
• Life skills with psychologists
• Pre-release (health education, financial management, relationships, restorative justice, finding employment, parole conditions, substance abuse relapse prevention)
• Cross roads
• Substance abuse
• Anger in anger out
• Heart lines
• Restorative justice / VOD / VOM
• Recreational programs
• Spiritual care
• Hope Foundation: purple ribbon for peace: (conflict analysis, emotional planning, active listening, assertiveness, problem solving, negotiation, mediation)

Reply:

(a)-(b) We are aware of the provisions of the Births and Deaths Registrations Act (Act No 51 of 1992), which is the responsibility of the Department of Home Affairs. According to the Act a death below 26 weeks of intrauterine life, is not classified as a still-birth and thus does not qualify to receive a death certificate. Midwives and doctors provide counselling to the mother and her partner to come to terms with the still-birth and refer them for further counselling should this be necessary.

END.

Reply:

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

As the Honourable member is aware, in terms of section 181(3) of the Constitution of the Republic of South Africa, 1996, all organs of state, through legislative and others measures, must assist and protect all the institutions supporting constitutional democracy, including the Public Protector, to ensure the independence, impartiality, dignity and effectiveness of these institutions.

It is, therefore, the responsibility of all organs of state, including the President, the national executive and Government, as referred to by the Honourable member, to evaluate the number of requests from citizens and organisations to the Public Protector to investigate the complaints of the abuse of authority from 1 September 2010 to 31 August 2015, in order to act upon it as indicated in paragraphs (a) to (d) of the Honourable member’s question.

In view of the above, I would kindly advise the Honourable member to scrutinize the relevant findings in all the Public Protector’s reports during the period in question and if necessary address his questions to the organs of state concerned.

As far as could be ascertained from the reports of the Public Protector during the period in question, there were no requests from citizens and organisations to the Public Protector to investigate complaints of the abuse of authority against the Department of Justice and Constitutional Development and it was therefore not necessary for the Department to act upon it as indicated in paragraphs (a) to (d) of the Honourable member’s question.

(e) Government has been supportive of the Public Protector’s requests for increasing its investigative capacity as is evident by the significant increase in its budget allocation throughout the previous Medium Term Expenditure Framework (MTEF) periods. The Honourable member may also be aware that Parliament approved the revised organizational structure of the Public Protector comprising of 420 posts in the 2012/2013 financial year. At the time, the Public Protector was advised by my colleague the Minister of Finance to develop a multi-year implementation plan to ensure that critical posts are prioritized and filled within the medium term expenditure framework allocations. During his 2015 Medium Term Budget Policy Statement on 21 October 2015, the Minister of Finance also indicated that the Public Protector will receive an additional allocation to address capacity challenges.

It should also be noted that within the current economic climate it is expected of all institutions supporting constitutional democracy, including the Public Protector, to work together to determine how to deal with matters in a more economic, cost effective and efficient manner and to ensure that there is no duplication as it relates to their mandates.

The Honourable member may further be aware, that the National Assembly is still seized with the report of the Ad hoc Committee on the Review of Chapter 9 and associated Institutions often referred to as the Kader Asmal report. This report contains a number of recommendations that may have far-reaching implications for the institutions supporting constitutional democracy, including the Public Protector. The Speaker of the National Assembly recently convened a workshop of relevant stakeholders in order to exchange views and to finalize the National Assembly’s position in order to help Parliament to adopt the report.

With all the above in mind and given our limited resources, it is my view that the Public Protector should be able to execute its mandate and deliver on its core business responsibilities within the budget allocation and assistance that was provided for by Government.

 

Reply:

The Department anticipates that the MDDA Amendment Bill will be introduced in Parliament during the fourth (4) quarter of 2015/16 Financial year

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

The information on the total expense allowance afforded to the CEO, COO, and CFO is contained in the 2015 Annual Report of the SABC.

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

We are still trying to source information and consulting with the Boxing South Africa (BSA) on this matter.

Reply:

This question has been previously responded to in details. Refer to a response to Question number 2858 that was published on 7 August 2015.

 

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

I wish to inform the Honourable Member that yes, I and the Department of Justice and Constitutional Development have received a communication from the Legal Attaché of the United States Federal Bureau of Investigation (FBI) in South Africa in this regard.

(a) During June 2015, the Legal Attaché (FBI) in South Africa, forwarded a letter to the Department, attaching a copy of an indictment related to the FIFA matter.

(b) The purpose of the letter was to bring the contents of the indictment under the attention of the Department. It was also stated in the letter that the FBI was looking forward to the continued partnership between the FBI, the American Department of Justice and the South African Department of Justice and Constitutional Development.

The Department submitted the letter to me in a memorandum, informing me of the contents of the letter as well as the indictment. I was also informed that a formal request for assistance has not yet been received from the American authorities. I noted the contents of the memorandum, including the indictment, and forwarded copies of the indictment to the Inter-Ministerial Committee on Corruption, the Minister of Sport and Recreation, the Department of International Relations and Cooperation and the Chairperson of the Anti-Corruption Task Team (ACTT).

.

Reply:

No;

The Department does not meet the 2% Employment Equity target at present.

The Department acknowledges that achieving disability equity is imperative to the transformational agenda set by the Constitution (1996), the White Paper on Affirmative Action (1998) and other subsequent legislations.

Employees with Disabilities make up to 1.4 % (percent) of employees in the Department. The low representation of person with disabilities in the Department emanate from the rule that disability disclosure is done on a voluntary basis.

Concreted efforts are been made to allow persons with disabilities to apply for position in the Department and to apply for positions in the Department and encourage those that are within to disclose their disabilities status in order to meet or exceed the required 2% targets.

UNQUOTE

Reply:

(a)(i), (ii), (iii) and (b):

NUMBER OF FOREIGN NATIONALS AS ON 10 AUGUST 2015
NATIONALITY	SENTENCE GROUPS
	REMAND DETAINEES	DETAINEES AWAITING DEPORTATION	SENTENCED	ALL SENTENCE GROUPS
ALGERIA	0		1	1
AMERICAN SAMOA	0		2	2
ANGOLA	14		65	79
ARGENTINA	0		2	2
AUSTRALIA	0		1	1
AUSTRIA	0		2	2
BANGLADESH	14		5	19
BENIN	1		3	4
BOLIVIA	1		44	45
BOTSWANA	4		11	15
BRAZIL	2		20	22
BRIT. CARRIBEAN FED (JA,WL,WV)	0		1	1
BRITISH INDIAN OCEAN TERRITORY	0		2	2
BULGARIA	4		6	10
BURUNDI	17		18	35
CAMEROON	4		11	15
CANADA	0		1	1
CAPE VERDE	0		2	2
CHINA	8		15	23
COLOMBIA	0		4	4
CONGO	57		67	124
CZECH REPUBLIC	1		0	1
DENMARK	0		1	1
DOMINICAN REPUBLIC	0		1	1
ECUADOR	0		5	5
EGYPT	2		1	3
EL SALVADOR	0		1	1
ERITREA	0		1	1
ETHIOPIA	18		13	31
FRANCE	0		2	2
FRENCH GUIANA	0		1	1
GAMBIA	1		0	1
GHANA	3		16	19
GUINEA	2		3	5
GUINEA-BISSAU	0		2	2
GUYANA	1		9	10
ICELAND	0		0	0
INDIA	3		8	11
IRELAND	1		0	1
ISRAEL	1		0	1
JAMAICA	0		2	2
KENYA	7		18	25
LATVIA	1		0	1
LESOTHO	467	11	1044	1522
LIBYAN ARAB JAMAHIRIYA	0		1	1
LIBERIA	2		1	3
LIECHTENSTEIN	1		0	1
MACAO	1		0	1
MALAWI	317	26	218	561
MALI	0		1	1
MAURITIUS	0		1	1
MOZAMBIQUE	710	8	1665	2383
NAMIBIA	17		23	40
NETHERLANDS	0		1	1
NIGER	3		1	4
NIGERIA	202		250	452
NORTHERN MARIANA ISLANDS	0		1	1
PAKISTAN	23		21	44
PARAGUAY	0		4	4
PERU	1		23	24
PORTUGAL	0		3	3
RWANDA	0		1	1
SENEGAL	0		3	3
SERBIA AND MONTENEGRO	1		3	4
SIERRA LEONE	1		1	2
SOMALIA	28		17	45
SPAIN	1		4	5
SUDAN	1		2	3
SWAZILAND	41		180	221
TAIWAN, PROVINCE OF CHINA	0		3	3
TAJIKISTAN	1		0	1
TANZANIA, UNITED REPUBLIC OF	141	2	188	331
THAILAND	0		1	1
TOGO	1		0	1
TURKEY	0		1	1
UGANDA	10	2	20	32
UNITED KINGDOM	0		5	5
UNITED STATES	0		1	1
VENEZUELA	1		3	4
VIET NAM	2		4	6
ZAIRE	0		5	5
ZAMBIA	4		17	21
ZIMBABWE	1324	9	2234	3567
TOTAL	3468	58	6318	9844

(c) Services are provided to all inmates within the South African Corrections System irrespective of their nationality. However, it is internationally accepted that foreign nationals in the correctional system of any country present a challenge due to their unfamiliarity with the language and culture as well as the lack of close contact with their families.

Reply:

The person referred to is not a consultant, but is employed as a Special Advisor to the Minister.

(a) The person referred to is appointed as a Special Advisor in accordance with Public Service Act Section 12A (i), to:

1. Advise the Executive Authority on the exercise/performance of the Executive Authority’s powers and duties
2. Advise the Executive Authority on the development of policy that will promote the department’s objectives and
3. Perform such tasks as appropriate in respect of the exercise/performance of the Executive Authority’s powers and duties

(b) The person referred to is remunerated in accordance with Section 12A of the Public Service Act, 1994 and the relevant dispensation for Special Advisors, as contained in Section 17 of the Act.

Reply:

a) The estimated cost of building the new hospital will be determined once the relocation of the existing hospital has been finalised and planning of the new hospital is complete. As part of the agreement with the successful bidder, the successful bidder will relocate the hospital and build new hospital at his own cost.

b) The expected completion date will be determined once the relocation of the existing hospital has been finalised and planning of the new hospital is complete.

c) The existing hospital has 266 usable beds. The bed utilisation rate is currently 60%. 150 patients are currently admitted with 116 beds empty. The hospital will be relocated with the same bed capacity of 266 beds.

END.