Reply:

(a) (i) The Department of Communications did not budget for nor spend on the Thank You SABC Music Concert.

(ii) The Thank You SABC concert was an initiative hosted and coordinated by Phumelela Group at Orlando Stadium to thank the SABC and the Board for its endeavours to develop local music/content. Costs pertaining to the event would have been directed and charged to the organisers by all service providers contracted to the event. Whilst the SABC was not directly involved, it made a contribution of R2 695 750.50 to the Phumelela Group.

The SABC charter obliges the corporation to organise, present, produce, provide or subsidise concerts, shows, variety performances, revues, musicals, etc. in connection with the broadcasting and programme supply services of the corporation or any purpose incidental thereto.

In keeping with this obligation, the SABC has identified key events that are aligned to this obligation as well as those events that have the potential of retaining and growing audience share by meeting the needs and expectations of multicultural mass and niche audiences in all official South African languages.

Furthermore, the 90/10 strategic decision by the SABC compels the SABC to escalate its local content measures and provide a much wider variety and cross cultural palate of content that reflects the South African landscape.

aa), bb), cc), dd), ee), ff), gg)

Not applicable.

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

The Minister of Public Works

(a) The Council for the Built Environment (CBE) annual report states that a total of 213 complaints were received during the year under review. However, after an auditing process the correct number of 218 complaints was recorded. The Built Environment Professional Councils (BEPCs) do take disciplinary action against registered persons alleged to have violated any of the six Acts of Law governing the operations of BEPCs, as well as their respective codes of conduct. They are also empowered to take action against any person whose conduct is regarded as posing a danger to the health and safety of the public within the realm of the built environment.

The reasons for disciplinary cases relate to:

• Improper conduct;
• failure of registered persons to perform professional services within a reasonable time frame;
• professionals undertaking professional work while their registration is suspended;
• competency/design errors; and
• non-compliance with the Code of Conduct.

(b) Most of the cases took more than 90 days to complete. The average time from the date of lodgment to the date of finalisation of cases for the Engineering Council of South Africa (ECSA) is 180 days. The turnaround time is acknowledged as a challenge. This is mainly due to the high cost of investigations and conducting of disciplinary cases. Another challenge is that of a lack of legal resources within the BEPCs. BEPCS are then forced to source the assistance from lawyers outside the organisation.

(c) Out of the 218 complaints received, 131 (61%) complaints were finalised, while 87 (39%) were still in progress and 8 were withdrawn.

(d) The BEPCs’ disciplinary or accountability processes vary from one another. For instance, a matter may be closed without sanction or disciplinary action may be taken. Sanctions can take a number of forms and may be imposed singularly or in combination.

(Please see Annexure A and B for specified outcomes per case)

Penalties include:

• Reprimand or censure: reprimand and censure are similar in that they are official records, indicating that a licensee has been disciplined. They may, in themselves, not hamper one’s ability to practice, but may be imposed along with other penalties.
• Citation: the BEPC of the registered person may impose a fine or order of bargain, in lieu of making a formal accusation.
• Cease and desist order: an order to stop a particular activity or else face a penalty.
• Warning: this can be accompanied by stipulations or specific requirements.
• Mandated continuing education.
• Remediation: an attempt to correct practice and promote safety; it may define terms for the registered person to be reinstated in good standing.
• Referral to an alternative-to-discipline programme.
• Probation: during probation, the registered person may or may not be permitted to practice. If the registered person is permitted to remain in practice during the period of probation, it is with terms and conditions or restrictions.
• Suspension: a period of time in which a registered person may not practice or hold him/herself out.

 

ANNEXURE A

Number of Complaints received and their nature	Completed	In progress
SACQSP Total - (42) Breach of the SACQSP Code of Conduct Candidate working for own account (3) Candidate work not being supervised (5) No PrQS in branch office (3) Poor quality of work (3) Mentor not signing workplace skills records (2) Soliciting a bribe (2) Contravening of Act 49 / 2000 – Clause 18(2) Misrepresenting themselves as a registered QS (5) Performing the work of a PrQS but not being registered (16)	Mr J. Mpambela – candidate working for own account – fined Mr R. Van Wyk – fined Mr M.Z.C. Buyeye – fined and censured Jacques Olivier – candidate working for own account – fined R & G Consultants – branch not managed by a PrQS – corrected Raphael Bagarette / Jade Hare of Granbuild – candidates misrepresenting their status - corrected	Disciplinary Stuart Ray – Unprofessional conduct Anthony Porter – Unprofessional conduct (awaiting evidence) Jayshenie Govender – failed to uphold the letter of supervisor undertaking Siseko Quantity Surveyors cc – unprofessional conduct Lwazi Msani – candidate caught cheating in the Professional Skills Module Exams
Number of complaints withdrawn	1	Mr A.S. Van Wyk – theft of funds – the matter was handled incorrectly in terms of procedure and has to recommence from the beginning. A former Registrar failed to issue a formal charge sheet within the 5-years since the complaint arose.
SACAP Total – 112 Failure to perform architectural services within a reasonable time. Failure to comply with Rule 4.1 Carrying out work during the period in which the registration has been suspended.	Number of Registered Professionals who were sanctioned to a fine including suspended fines: Bekker Margueretta v Hennie le Roux fined R10 000.00; Steven Malese v Lungile Nongwana fined R10 000.00 ; SACAP v Michael Fakude fined R6 500.00 and R1 300.00 of this amount is suspended for 1 year; SACAP v Lorryn O’Sullivan fined R3 000 and R600.00 of this amount is suspended for a period of 1 year on condition SACAP v Bruce Dickson fined R8 000.00 and R1 300.00 of this amount is suspended for 12 months; SACAP v Eric Phofu, fined R2 000.00 suspended for one year SACAP v Nceba Coki fined R10 000.00 Suren Indhul v Raj Maharajh fined R7 000.00. R1 400 of this amount is conditionally suspended for one year; SACAP v Kgwaripane Mashego fined R5 000.00; SACAP v Patrick Hofer fined R8 500 and R1 700 was suspended for one year; SACAP v Boitumelo Sibiya fined R 2 000 suspended for two years; SACAP vsJohannes Haggard fined R4 500 and R2000 suspended for 1 year; SACAP v Anthony Purcell fined R2 000.00 and R400 is suspended for one year; SACAP v Abdul Gafoor fined R7 500.00; SACAP v Anthony Mhlongo fined R10 000.00; SACAP v Thorn Plaaitjies fined R2 000.00; SACAP v Joseph van Huyssteen fined R5000.00 with R2500 suspended for one year; SACAP v Knowledge Madinga fined R10 000 and R2 000.00 of this amount is conditionally suspended for one year; SACAP v Hennie van der Merwe fined R2 000.00 and R400 is conditionally suspended for a period of one year; SACAP v Sello Fume fined R11 500. and R2 300 of this amount is conditionally suspended for a period of one year; SACAP v Moses Masitenyana fined R10 000. and R2 000 of this amount is conditionally suspended for a period of one year; SACAP v Phillipus Kraukamp fined R2 000 and R400 of this amount is conditionally suspended for a period of one year; SACAP v Charles Jiyane, fined R2 000.00 SACAP v Pholoana Mokhethe fined R8 500. and R1 700 of this amount is conditionally suspended for a period of one year SACAP v Peter Hoffman fined R4 000.00; SACAP v Hardin Chawane fined R10 000 and R2 000 of this amount is conditionally suspended for a period of one year; SACAP v Orie Matlaupane fined R4 000.00; SACAP v Francois Smuts fined R 2 000. 00 and R4 000 of this amount conditionally suspended for a period of one year ; SACAP v Abe Keyser fined R2 000.00 suspended for one year ; SACAP v David Mpenyana fined R6 000.00; SACAP v Michael Schoeman fined R2 000.00 and R4 00 of this amount is conditionally suspended for a period of one year; SACAP v Terrence Miya fined 10 000.00 and R2 000.00 of this amount is conditionally suspended for a period of one year; SACAP v Lesiba Brown Phasha fined R13 500 and R2 700 of this amount is conditionally suspended for one year; SACAP v Ntshimane Masedi fined R7 500. R1 500 of this amount conditionally suspended for one year; SACAP v Phillip Manzini fined R10 000. R5 000 is suspended and R5 000 is payable immediately; SACAP v Nkosinathi Mkhize fined R3 500 and R700.00 of this amount is conditionally suspended for a period of one year. SACAP v Leticia Best R6 500.00 and R1 300.00 of this amount is suspended for one year; SACAP v Renaldo Goodall fined R5 000.00 wholly suspended SACAP v Owen Mabandla fined R2 500.00; SACAP v Ravi Ruthenavelu fined R6 500.00 and R1 300.00 of this amount is suspended for one year; SACAP v Ravi Ruthenavelu R2 000.00 and R400 is suspended for one year; SACAP v Tshepo William Malemela fined R9 000.00 and R1 800 of this amount conditionally suspended for a period of one year; SACAP v Jody van Heerden fined R5 000.00 which is wholly suspended for one year; SACAP v Tarisayi Mukomondo fined R2 000.00 of which R400 is suspended; SACAP v Richard Sewshanker fined R1 600.00; SACAP v Graeme Sparrow fined R11 500.00 and R2 300 of this amount is conditionally suspended for a period of one year; SACAP v Lucky Segudla fined R4 000.00; SACAP v Michael Liebenberg   Number of cases reported to the SAPS - 30	Registered professionals with pending settlement agreements: SACAP v Michael Liebenberg SACAP v Sophia Holloway SACAP v Andre Griessel Registered professionals who have been cautioned and/or reprimanded: Piotr Plebankiewics Raynier Lewis Danie Kruger Margueretta Bekker Alista van Rooyen Registered professionals whose registrations have been withdrawn: Mongi Mbili Ganesan Govender Lizwe Mabutho Isaac Masotsha
Number of complaints withdrawn	0
SACPCMP Total - 4 1 complaint of unethical conduct against a registered person through influencing the termination of the appointment of an Architect by the client. 1 complaint of rendering a service as a Project Manager for the development of a residential premises even though not registered. 1 complaint of unprofessional conduct by a registered person for advertising for work through a promise of payment of a referral commission. 1 complaint of advertisement of services as a Pr CHSA, Pr CM, Pr CPM and PrC mentor even though not registered in any of these categories.	1 complaint of advertisement of services as a Pr CHSA, Pr CM, Pr CPM and PrC mentor even though not registered in any of these categories. The Council has no jurisdiction over unregistered persons, however, it was decided that a formal caution be issued to the person concern to desist from doing so and that if he continues, such misrepresentation, then the Council reserved its right to pursue action against them.	1 case was against an unregistered person practicing as Project Manager and since Council has no jurisdiction over unregistered persons no further action was deemed necessary. 1 case of misconduct against a registered person, which upon investigation was deemed to be unproven, hence the complaint was dismissed. 1 case of misconduct against a registered person who upon being requested to provide additional information to substantiate his allegation refused to do so hence this has been put on hold until such time that he provides the information requested from him.
Number of complaints withdrawn	0
SACPVP Total - 15 complaints of improper conduct 1 complaint against an unregistered person	0	Inaccurate valuations, candidates conducting valuations without (proper) supervision, misleading advertising, Fraud, Inefficient discharging of duties, Conflict of interest, Breach of contract, Failure to hand down appeal Board decision, Theft of client’s property Unfair labour practice
Number of complaints withdrawn	7	The complainants withdrew their cases
SACLAP None

ANNEXURE B - ECSA

NO.	RESPONDENT	MERITS OF INVESTIGATION	DATE COMPLAINT RECEIVED (year, month, date and number)	OUTCOME OF INVESTIGATING COMMITTEE
1.	R Brittnell against A J Killian Pr Tech Eng (8870177)	It is alleged that the Respondent as an official of the Local Authority, responsible for tender documents scrapped certain requirements of a tender and that” his actions directly deprived consulting engineering companies the opportunity to participate in a fair tender process”.	(2012/11/20 - 32)	The Investigating Committee considered the matter and was of the opinion that there was no prima facie evidence of improper conduct by the Respondent.
2.	BRS & R A Wilson obo BRS Wilson Family Trust against D A Rees Pr Eng (790430)	It is alleged that the Respondent, appointed to facilitate a township development, created an unacceptable conflict of interest and failed to carry out his engineering responsibilities with the required degree of competence.	(2013/05/13 – 16)	The Investigating Committee considered the matter and were of the opinion that there was insufficient prima facie evidence of improper conduct by the Respondent.
3.	W Strydom obo Avondans Home Owners Association (AHOA) against F J Klomp Pr Eng (830442)	It is alleged that the Respondent rendered professional services to the Developer for the Avondans Development in the construction of the roads. The development was taken over by AHOA. A crack appeared in the road whereafter AHOA employed an independent engineering service to do an investigation and provide a report on their findings. The report indicated that standard construction procedures were not followed. The Respondent denied responsibility and refused to guarantee the quality of his work.	(2013/06/27 - 27)	The Investigating Committee considered the matter and was of the opinion that there was insufficient prima facie evidence of improper conduct by the Respondent.
4.	H P Heath against R L Keudel-Schaffer Pr Tech Eng (200170125)	The Respondent issued a completion certificate for a roof which had been repaired. The said roof was subsequently found to be defective.	(2012/05/11-12)	The Complainant withdrew the complaint, but due to the number of complaints received against the Respondent, the matter was referred to PROTT as part of their brief.
5.	ECSA against E J Pieters Pr Cert Eng (201290010)	Improper Conduct	(2013/11/07 - 47)	The Investigating Committee considered the Respondent’s formal apology.
6.	E Maritz against J Erwee Pr Eng (950433)	It is alleged that the Respondent was appointed as the responsible engineer for the Complainant’s home. A dispute arose between the builder and the owner and the Respondent who was appointed by the builder refuses to issue the completion certificate.	(2013/12/10 - 54)	There was insufficient evidence of improper conduct by the Respondent.
7.	C M F Rawlins against Messrs M S Moodley Pr Tech Eng (9340122), S Naidu Pr Eng (20010315) and R J Young Pr Eng (702868)	The Complainant was issued a notice alleging that his gazebo caused the failure of his neighbour’s wall. It is alleged that the first Respondent produced a report in June 2006 containing significant errors and omissions resulting in successive notices of intended prosecution. It is further alleged that the first Respondent failed to correct the evidence presented to the Courts by the Council and failed to respond to letters from the Complainant. The second Respondent was appointed as an independent engineer by Council and accepted the appointment knowing that the first Respondent had a history of prior involvement in the matter. He thereafter issued a report which contained errors and submissions and allowed this report to be used as evidence in ongoing court proceedings. The Respondent has further failed to respond to letters from the Complainant regarding this issue. It is alleged that the third Respondent provided the Council with false certification of a wall, that he failed to challenge the statements made by the first Respondent and that he affirmed his “false certification” in the subsequent court action.	(2014/02/12 – 04)	The Investigating Committee considered the Assignee’s recommendations and were of the opinion that there was insufficient evidence of improper conduct by the Respondents.
8.			(2014/02/12 – 05)
9.			(2014/02/12 –06)
10.	A D Barratt against A Mitchell Pr Tech Eng (877066)	It is alleged that the Complainant pointed out inconsistencies and irregularities in the alteration of his neighbour’s home. A stop works order was issued which led to the Respondent sending a “threatening” email to the Complainant.	(2013/09/30 – 41)	A Peer Counselling meeting was successfully concluded with the Respondent on 23 April 2014 and the Peer Counselling Report was received.
11.	P Venter against H S Van Der Walt Pr Eng (860204)	The Respondent was appointed as the engineer to conduct engineering work on the foundation, floor slab and stairs of the Complainant’s dwelling. The said structures demonstrated defects.	(2013/03/26 – 08)	The Assignee’s report was considered by the Investigating Committee which resolved that there was no evidence of improper conduct by the Respondent.
12.	A Solomon against L C Smith Pr Eng (860253)	It is alleged that the Respondent undertook work without the Complainant’s consent or approval of the building plans along the Complainant’s boundary wall. The Respondent’s client is the Complainant’s neighbour.	(2013/07/08 - 29)	The Assignee’s verbal report was considered by the Investigating Committee which resolved that there was no evidence of improper conduct by the Respondent.
13.	N E Wana against J F G Fourie Pr Eng (870038)	It is alleged that the Respondent constantly requested his own contractor to be appointed to the project. When this was not done, he found fault with the work done by the builder. The Respondent on ascertaining that an independent engineer was appointed by the owner withdrew his completion certificate.	(2013/08/02 – 32)	A response from the Complainant was not forthcoming despite numerous requests from the administration. To close the matter.
14.	J D Scheepers against J M van den Berg Pr Eng (790409)	The Complainant is a contractor who was employed to do additions to a house. Towards completion of the work, the Complainant experienced some problems with the homeowner. The Complainant then requested the homeowner to pay for the labour and material used and the homeowner refused. The homeowner then brought in the Respondent. It is alleged the Respondent, in inspecting the work done by the Complainant, failed to apply his professional skills and that his opinions were subjective.	(2013/08/07 – 35)	The Investigating Committee considered the Expert and Assignee’s report and resolved that there was no evidence of improper conduct by the Respondent.
15.	Dr A van Rensburg Pr Eng against Prof R Sandenbergh Pr Eng (790475)	It was alleged that the Respondent did not comply in accordance with the OHS Act when the Complainant addressed safety hazards with the Respondent during construction of the University. The Respondent allegedly did not adhere to requirements in respect of the appointment of personnel nor did he inform ECSA’s accreditation committee of the employee’s non-registration status and qualifications. It is further alleged that the Respondent “intentionally lied” in an affidavit regarding a formal grievance lodged by the Complainant.	(2014/02/12 - 08)	Substantiating information was not forthcoming from the Complainant. That the safety issues were addressed with the Respondent and further information with regards thereto supplied by the administration.
16.	R Ramphal against V K Ori Pr Tech Eng (9470055)	It is alleged that the Respondent submitted a payment certificate which was above the tendered price.	(2014/02/27 - 10)	That the Investigating Committee considered the matter and resolved that the matter is of a commercial nature.
17.	A Parsotham against T W Harper Pr Eng (940368)	Subsequent to the builder absconding, a new builder was tasked to assess and repair the damages resulting in a dispute with the engineer. It is alleged by the Complainant that “the internal walls and trenches were non-existent; the soil was not compacted before the slab was cast; the slab had various defects and that the walls were cracking and had to be pulled down”. A completion certificate was issued on 23 August 2013 in respect of the foundations.	(2014/04/22 - 16)	That the Investigating Committee consider the matter and resolved that there was no prima facie evidence of improper conduct by the Respondent.
18.	I C van der Vyver Pr Eng against M J Marais Pr Eng (940375)	The Respondent, an employee of Arcus Gibb, was appointed by the client to undertake an administrative and regulatory audit of the Complainant’s project. The client subsequently terminated the appointment of the Complainant’s company and appointed the Respondent’s company for the said project. It is alleged that the Respondent was not furnished with a copy of the audit report for comment.	(2013/08/07 – 34)	A Peer Counselling meeting was successfully concluded with the Respondent.
19.	D Sibiya against J C van Tonder Pr Eng (750430)	It is alleged that the Respondent was appointed as the responsible engineer for a first floor slab and staircase to the Complainant’s property for which he issued a completion certificate despite defects to the staircase and the slab which is on the brink of collapse.	(2013/05/29 – 18)	That the Peer Counselling Meeting was successfully concluded with the Respondent.
20.	S Sewchuran against D Rammanhor Pr Tech Eng (201270056)	The Respondent was responsible for the design of the neighbour’s retaining walls. The Complainant alleges that excavation took place onto her property by the Respondent’s client. The Complainant approached the Local Authority regarding safety issues and was advised that back filling appeared to have been done which needed to be removed by her. The Complainant alleges that the wall built poses a danger to her property and vehicles.	(2014/05/26 - 23)	The Assignee’s verbal report was considered by the Investigating Committee which concluded that there was no evidence of improper conduct by the Respondent.
21.	G Strydom v J N M Barker Pr Eng (750309)	It is alleged that the respondent designed the lateral support system supporting an 8 metre sand bank on the complainant’s northern property boundary. No permission was given for the lateral support. An independent engineering report concluded that the building work carried out on this plot encroached over the common boundary line onto the complainant’s property and has resulted in a potential collapse of the existing dwelling.	(2014/02/11 - 03)	No prima facie evidence of improper conduct.
22.	G van Wyk v N Barnard Pr Eng (870461)	It is alleged that the Respondent signed off a temporary inspection certificate for temporary pavilions erected for the North West University for a rugby match. A large amount of spectators were expected at the final rugby match. Before the main event, one of the temporary pavilions collapsed whilst the spectators were sitting thereon. No injuries were reported and an inspection was undertaken of all the other temporary pavilions, which were subsequently declared unsafe.	(2014/05/14 - 21)	No prima facie evidence of improper conduct.
23.	W D Niewoudt v C F Joubert Pr Eng (800192)	The complainant purchased a property off-plan. A week after the complainant discovered that the surface bed had cracks all over, the brickwork was not up to standard and dimensions were not the same as on the approved plans. It is alleged that the responsible engineer is Mr C F Joubert.	(2014/09/04 – 31)	Insufficient evidence of improper conduct from the complainant.
24.	J Morebudi v D R Veldtman Pr Techni Eng (9740088)	It is alleged that the respondent is helping the second bidder by supplying them with confidential information regarding the project. It is further alleged that the respondent signed the completion certificate while he was registered as a technician.	(2014/09/04 – 32)	No prima-facie evidence of improper conduct.
25.	G van der Merwe against C H Magson Pr Tech Eng (770101)	The Respondent allegedly used the Complainant’s (an architect and member of the SACPCMP) registration details without the Complainant’s knowledge which allowed him to secure a tender with the Free State Department of Education.	(2013/11/20 - 52)	That the advisory letter would be forwarded to the respondent.
26.	J Di Mambro against R L Keudel-Schaffer Pr Tech Eng (200170125)	It is alleged that the Respondent undertook the design and supervision of a residential apartment complex during 2003/2004. It is further alleged that the Respondent failed to adhere to acceptable standards regarding the adequacy, quality and suitability of a large sub-surface channel which crosses the site diagonally below the residential apartment complex.	(2014/01/20 - 01)	That a Terms letter was issued to the complainant informing him that failure to respond timeously would result in the case being dismissed.
27.	J J van Niekerk against S P Cilliers Pr Eng (980363), W Kruger Pr Tech Eng (200570100) and J T Pidgeon Pr Eng (780227)	It is alleged that the Respondents were involved in the development of a complex in Bloemfontein. It is further alleged that building plans for the complex were not approved and building plans were not submitted for a septic tank at the back of the complex which is running into the Renoster River.	(2014/02/27 – 11)	That there was insufficient evidence of improper conduct.
28.
29.			(2014/02/27 – 12)
			(2014/02/27 – 13)
30.	G Rossouw against C F Joubert Pr Eng (800192)	The Respondent was appointed to do the structural design and erection supervision of a building in Magaliesburg. It is alleged that the Respondent did not indicate that the contractor deviated from the manufacturer’s instructions. Subsequent to a site visit by the Respondent, during which he advised that work could continue, the floor slab collapsed.	(2014/03/14 - 15)	I was found there was prima facie evidence of improper conduct.
31.	S Manuier against L L Ashton Pr Eng (870461)	It is alleged that the Respondent refused to certify the work of the Complainant who installed a slab on the approval of the owner without the Respondent having seen the requisite drawings and/or plans. The Respondent was requested to provide reasons for his actions. This negatively impacted on the Complainant’s business.	(2014/05/12 - 19)	There was insufficient evidence of improper conduct.
32	S Chilwan against J C Krogscheepers Pr Eng (920021), P J Bullock Pr Eng (840217) and R H Botha Candidate Pr Eng (20095007)	It is alleged that the Respondents acted in breach of the contract entered into between the City of Cape Town and Lumen Technologies CC (the Complainant’s Close Corporation) by amongst others, communicating directly with contractors without the consent of the CC, incurring expenses for the CC, etc.	(2014/06/13 – 24)	There was insufficient evidence of improper conduct.
33.
34.			(2014/06/13 – 25)
			(2014/06/13 – 26)
35.	D Palm against B J Oosthuizen Pr Eng (20050191)	It was alleged that the respondent canvassed and contracted to do work other than what he was trained and qualified for, such as underpinning to structures, executing concrete sub-contract works, as well as structural sub-contract works . That conflict of interest exists where the Respondent accepted appointments from both the client as a Professional Engineer and from the main contractor (complainant) for the underpinning concrete works and structural installations. It was further alleged that the respondent was unwilling to issue the completion certificate.	(2014/07/04 – 28)	That there was insufficient evidence of improper conduct.
36.	R Manaraj against B Ansell Pr Eng (980726)	The respondent representing Clickscales Maughan-Brown (CMB) Electrical and Mechanical Engineers was appointed by Raj Maharajh Associates (RMA), representing the RMA Professional Consortium. It is alleged that the Respondent colluded with a Project Manager of Coega Development Corporation (CDC), which was the client of (RMA) in receiving a payment of R298 683.84 without informing RMA and thus resulted in losses to other members of the RMA Consortium.	(2014/08/21 – 30)	There was insufficient evidence of improper conduct.
37.	H H Page against D P Odendaal Pr Tech Eng (9970121)	The complainant lodged a complaint with Eskom, regarding the publication by some engineers of Eskom on Magnitech Xenon lamp products. During Eskom’s investigation of the above, the Complainant was introduced to the Respondent as an expert. It is alleged that the respondent was not objective and did not apply professional engineering judgement to the case.	(2014/09/04 – 33)	There was insufficient evidence of improper conduct.
38.	H H Page against P M Smit Pr Eng (970373), B G M Van Wyk Pr Tech Eng (9270025) and S R Sishuba Pr Eng (980711)	It was alleged that the Respondents published false information regarding Magnitech Xenon Sodium lamp products without any scientific basis.	(2014/09/04 – 34)	There was insufficient evidence of improper conduct.
39.
40.			(2014/09/04 – 35)
			(2014/09/04 – 36)
41.	D G Naidoo against N J King Pr Eng (930184)	The Respondent was appointed as the consulting engineer on a project to review and design work. It is alleged that the Respondent reviewed the Complainant’s design without informing him. The Respondent’s report was said to be biased leading to the immediate dismissal of the Complainant on the project. The Client also refused to pay the Complainant for outstanding fees and the complainant suffered loss of income and credibility as a result thereof. The Respondent was said to have compromised the position of the Complainant by his actions, which were solely for the Respondent’s benefit.	(2014/09/23 – 40)	There was insufficient evidence of improper conduct.
42.	C van Dyk v J C van Tonder Pr Eng (750403)	The Respondent allegedly allowed an unregistered person to sign off completion certificates, using Respondent’s profession credentials.	(2011/02/08-60)	No prima facie evidence of improper conduct.
43.	Dr T Scholtz v J R Müller Pr Eng (760565) & J G Claassen Pr Eng (910241)	It is alleged that the first Respondent acted as both contractor and registered professional in respect of the Complainant’s home. The first Respondent did not disclose this conflict of interest to the Complainant. The first Respondent then proceeded to act as an expert witness acting on behalf of the second Respondent after being suspended by the NHBRC. It was alleged that the second Respondent acting as an expert witness, made incorrect statements regarding the boundary walls and damp proofing throughout the dwelling.	(2013/10/28 – 42)	No prima facie evidence of improper conduct.
44.
			(2013/10/28 – 43)
45.	M Ungerer against J Singh Pr Tech Eng (200170137)	The Respondent signed off a completion certificate whilst not attending to any site inspections. It is further alleged that the respondent stated that the A19 was not a legally binding document and that he had no contractual obligations to fulfill as the complainant was not his client.	(2013/11/07 – 53)	Insufficient evidence of improper conduct from the complainant.
46.	R Lees v M M B van Rooyen Pr Eng (880203)	It is alleged that the Respondent was appointed as the competent person for the design of a reinforced concrete raft foundation, which has since developed major cracks. The Complainant alleged that the Respondent was not accepting responsibility for the failure of the foundations.	(2014/05/12 – 18)	No prima-facie evidence of improper conduct.

Reply:

(a)

DPE	spend	period
(i) ANN7	Nil
(ii) SABC (aa) (bb) Ukhozi FM	Nil R174 676.50	(aaa) (bbb)
(iii) National commercial radio stations Ukhozi FM	R174 676.50	(bbb)
(iv) Community (aa) Cape TV B (bb) Radio Teemaneng Capricorn FM Nongoma FM Nkomazi FM Radio KC Radio NFM Barberton CR Radio Riverside	R91 200 R11 750 R120 270 R35 416.65 R22 500 R15 700 R28 462 R25 000 R34 200	(aaa) (aaa) (aaa) (aaa) (aaa) (aaa) (aaa) (aaa) (aaa)

(b)

SAX	Spend	Period
(i) ANN7	SA Express did not pay for advertising on the channel	(aaa) & (bbb
(ii) SABC (aa) (bb) Motsweding FM SAfm RSG	SA Express did not advertise on SABC television channels R208 980 R15 255 R92430	(aaa) Current financial year Current financial year
(iii) National commercial radio stations North West FM 702	R118 260 R124 814	(aaa) Current Financial year

Transnet	Spend	Period
(i) ANN7	Nil	(aaa) and (bbb)
(ii) SABC (aa) (bb)	Nil R384 082.42 R1 951 130	(aaa) and (bbb) (aaa) (bbb)
(iii) National commercial radio stations	Nil R469 440	(aaa) (bbb)
(iV0 Community (aa) (bb)	Nil R111 937.44 Nil	(aaa)-(bbb) (aaa) (bbb)

Eskom	Spend	Period
(i) ANN7	Nil
(ii) SABC (aa) (bb)	R16 million R8 million R2.4 million R5.5 million	(aaa) (bbb) (bbb) (aaa)
(iii) National commercial radio stations	R9.8 million R6.24 million	(aaa) (bbb)
(iv) Community (aa)	R3.5 million R1.1 million	(aaa) (bbb)

Alexkor	Spend	Period
ANN7	Nil
(aa) (bb)	Nil Nil
(i) National commercial radio stations	Nil
(ii) Community (aa) (bb)	Nil Nil Nil	(aaa) (bbb)

Denel	Spend	Period
(i) ANN7	Nil
(ii) Sabc (aa) (bb)	Nil R363 327.35
(iii) National commercial radio stations	R363 327.35
(iv) Community (aa) (bb)	Nil R140 520 R74 646.96	(aaa) (bbb)

Safcol	Spend	Period
(i) ANN7	Nil
(ii) Sabc (aa) (bb)	Nil Nil
(iii) National commercial radio stations	Nil
(iv) Community (aa) (bb)	Nil Nil	(aaa) (bbb)

Reply:

The Minister of Public Works:

Yes, the Department of Public Works (DPW) did submit all documents and other pieces of information in its possession that were required by the National Treasury. The latter received full cooperation from the DPW in the transmission of the documents. Before the Publication of the National Treasury Report the DPW was not informed about any incompleteness of documentation submitted to the National Treasury.

A newspaper article that appeared in the Sowetan of 28 June, 2016, erroneously created the impression that the DPW had attempted to stifle the investigation by the National Treasury. In the latter’s report, which was submitted to the Constitutional Court on 27 June, 2016, there is neither a statement nor allegation whatsoever that the DPW withheld information or documentation in its possession from the National Treasury or its consultants.

Reply:

(1) How many jobs did her (a) department and (b) the agencies reporting to her directly create in the South African economy in the (i) 2014-15 and (ii) 2015-16 financial years;

(a) Jobs supported through Department Incentives Programs

Program	Number of Jobs Supported	Total
	2014-15	2015-16
Corporative Incentive Scheme ( CIS)	1359	1542	2901
Secondary Marketing Corporative Incentive Scheme ( SMCIS)		330	330
Black Business Supplier Development Program (BBSDP)	10425	11217	21642

 (b) Jobs supported by agencies

Program	Number of jobs supported	Total
	2014-15	2015-16
SEDA Provincial Network	2099	2696	4795
Incubation Programme	Permanent jobs	2035	2331	4366
	Temporary jobs	1283	1055	2338
Sefa ( created and sustained)	60 169	157 417	217 586
Grand Estimated Total			253 958

 

(2) What mechanisms are in place to ensure that a job that has been created is sustained beyond the year in which it was created;

For the department the employment figures are captured during receipt of an application and approval stage and are verified when the clients are being interviewed by the staff. This process is conducted when the unit performs site visits to verifiy the existance of the business, interviewing the clients about the interventions applied for and as well as the content of the information as captured in the application forms.

Sefa’s funding to repeat clients has gained traction in recent years, both among its direct lending and wholesale lending clients (the latter being financed through the micro finance institutions (MFIs) and retail finance institutions (RFIs). To this end, each year, sefa captures information on both new jobs as well as jobs maintained as a result of their repeat clients.

Seda provincial network uses the client journey approach whereby clients receive more than one intervention over an agreed period of support which results in a greater impact on the growth and development of a business. To track the progress and impact after completion of an intervention, Seda conducts an improvement assessment. The business incubation programme is supportive of SMMEs by design and as such SMMEs in the programme are nurtured to continue to grow and hence sustain the jobs created.

(3) What were the gross tax revenues raised and gross addition to South Africa’s Gross Domestic Product directly resulting from the creation of these jobs?

For the Seda Provincial Network, out of a sample size of 841 improvement assessments for the 2014/2015; the clients realised a combined increase in turnover of R230 888 275,00. This sample is from a population of 10,697 clients that were assisted during the financial year.

Out of a sample size of 909 improvement assessments for the 2015/2016; the clients realised a combined increase in turnover of R398 531 287, 30. This sample is from a population of 10,679 clients that were assisted during the financial year.

For the Seda Incubation Programme, for the 2015/16 financial year, the incubation programme recorded a total turn over for the 1 650 supported SMMEs of R 605 908 829

For 2014/15 FY, the SMMEs supported under incubation programme generated a total of R488 980 979.

The department and sefa does not have information pertaining to its client’s tax revenues

 

NW1258E

Reply:

(a) The total amount budgeted for the National Gazelles Programme for the year 2015-16 is R R 22 085 000.00

(2) What (a) amount has been budgeted for the specified programme in the 2016-17 financial year and (b) is the breakdown of how the specified budget will be spent;

a) The total amount budgeted for the National Gazelles Programme for the year 2016-17 is R R 20 300 000.00

(3) What are the names of the selection panelists who are responsible for evaluating the applications and making the final selections in each province?

Province	Institution	Representative
Free State	SEDA	B Mshumpila
		Jackie Ntshingila
	Free State Development Corporation	Mafee Mokhethi
	Ernst Young	JJ du Toit
		Barry Fichardt
	Mangaung Chamber of Commerce & Industry	Samuel Galela
	Traction	Karen Kuhlcke
Limpopo	SEDA	Peter Maredi
		Koenie Slabbert
	Limpopo Economic Development Agency	Karabo Kolobe
	Limpopo Business Forum	Nady Thelele
Eastern Cape	SEDA	Zuko Somtunzi
	Mtiya	Zukile Nomafu
	Eastern Cape Development Corporation	Zoliswa Mnqokoyi
Mpumalanga	SEDA	Ntokozo Majola
	National Empowerment Fund	Kgaugelo Sibiya
		Bongani Qokose
	SEFA	Sabelo Mamba
	Lowvelt Chamber of Business & Tourism	T Welem
Kwa-Zulu Natal	SEDA	C Mnguni
	Ithala	Mzondo
		R Naidoo
		D Gpapal
	Success Avenue (ED Expert)	B Ntlabathi
	Kingdom Estate (ED Expert)	E Nhliziyo
Gauteng	SAICA	Mandisi Nombembe Puseletso Modimogale Sabelo Qupe
	University of Johannesburg	Dr Pule Kholopane
	Business Place	Udesh Sewrpersad
		Shaun Govender
	Small Business Development Institute	KB Motlhoioa
		C Kadlodlo
		C Kujekwga
		Thabo Sebeko
		Charles Madzindu
	Industry Experts	I Neethling
		R Kalain
		John Francis
North West/ Northern Cape	SEDA	Mr maimane
		M Moseki
	North West Development Corporation	WJ Wanzi
	Industrial Development Corporation	K Magan
Western Cape	SEDA	Alex Qunta
		Ivor Hendrics
		Kiewit Mhlongo
		Matthew Bertram
	SEFA	Zandile Nyawo
	Anglo Zimele	Portia Zilwa
		Bonita Daniels
	SAP Tradeworld (ED Expert)	Paul Hills
	AEDL (ED Expert)	Mike Klink
	Klop Accelerator (ED Expert)	Guy Harris
	McKellar & Associates (ED Expert)	Ralp McKellar
	SAGE WIZE (ED Expert)	Jean Van Der Merwer

NW1257E

Reply:

1. Yes
2. Not applicable.
3. Not applicable

________________________

Approved by the Minister on

Date………………………..

Reply:

(a)(i) B. Compt. (transferred to another Department at the end of September 2016)

(b)(i) Master of Arts (Sociology) and Masters in Security Studies.

________________________

Approved by the Minister on

Date………………………..

Reply:

(a) (i) The Chief Financial Officer of the Department of Public Service and

Administration possesses the following formal qualifications;

1. Matric Certificate
2. Bachelor of Arts in Education
3. Master of Education
4. Master of Management Public and Development Management

(ii) The Department of Public Service and Administration does not have acting Chief Financial Officer

(b) (i) The Director-General of the Department of Public Service and Administration

possesses the following formal qualifications;

1. Matric Certificate
2. Bachelor of Commerce
3. Certificate Programme in Finance and Accounting (CPFA)
4. Programme and Project Management in Public and Management

(ii) The Department of Public Service and Administration does not have acting Director-General

Reply:

With reference to the Minister of Finance's Budget Speech on 24 February 2016, in which the Minister announced Government's intention to cut R25 billion over three years from the Public Service (national and provincial government) wage bill,

(a) According to information received from National Treasury, the first four months of the 2016-17 financial year compared to that of the first four months of the 2015-16 financial year, is as reflected in the Table below;

R'000		April		May		June		July		Total
2015/16	32	125	538	32	547	131	37	501	783	34	217	531	136	391	983
2016/17	37	255	422	37	898	664	38	512	932	38	314	848	151	981	865

(b) The Public Service wage bill in the following financial years:

    (i) 2014-15

Amounts to total consolidated expenditure' of R396 888.1 million.

   (ii) 2015-16

Amounts to total consolidated expenditure2 of R430 547.8 million (revised Estimate).

(c) What savings in the wage bill have been achieved due to austerity measures over the first four months of the 2016-17 financial year?

While earnings of public servants have increased during the first four months of 2016/17 financial year, departments have managed to contain headcount growth over the same period. Headcount has reduced by 0.6 per cent across the board for national and provincial spheres of government. In financial terms, this amounts to R2.8 billion in projected savings for the whole financial year

(d) Is the Government still on track in achieving its target of R25 billion in Public

Service wage bill savings over the next two financial years?

Government is committed to spending within set compensation budget ceilings and will continue to enforce them over the next two financial years. Indications are that set targets will be achieved as planned.

(e) What percentage of the total government expenditure was allocated to Public Service wages in the following financial years -

   (i) 1996-97

The percentage of the total government expenditure allocated to wages is 40.8%3

   (ii) 2006-07

The percentage of the total government expenditure allocated to wages is 31.3%4

   (iii) 2016-17

The percentage of the total government expenditure allocated to wages is 33.6%.5

Reply:

(a) The DPSA has developed an Official Language Policy which has been submitted to the Government Printing Works for publication in the Government Gazette for public comment. The Notice was published in Government Gazette of 23 September 2016 (No. 40293 23-9 Notice No. 1081) which is available on the GPW website: www.qpwonline.co.za All interested persons and organisations who would like to submit written comments are provided with 30 days to do so from the day of publication in the Government Gazette. The Policy is available on the DPSA website: www.dosa.qov.za

(b) The process of having an operational Language Unit is under consideration at the moment and will be concluded once the Official Language Policy has been finalised.

Reply:

(a) The Department of Public Service and Administration does not have a dedicated official performing the functions of an Ethics Officer. However it has assigned an official in the Office of the Director-General to perform key ethics officer functions in addition to her other duties. In this regard her role entails the following:

1. Liaison with all members of the SMS regarding the submission of Financial Disclosures.
2. Initial scrutiny of all submitted disclosures to assess if they are complete.
3. Follow-up with relevant managers whose disclosures might be incomplete.
4. Forwarding of all completed disclosures to the Executive Authority for onward processing to the Public Service Commission.
5. Brief report to the Director-General on the disclosure process and the results thereof.

(b) The critical performance indicators are:

1. Timely and complete disclosure of financial interests by SMS members; and
2. Timely advice to the Accounting Officer regarding non-compliant officials for purposes of follow-up and where necessary, disciplinary action.

Reply:

(1) Yes.

    a) None.

    b) Falls Away.

    c) Not applicable.

    d) Falls away, (i) and (ii) please refer to the table herewith below;

Name		(ii)
Department of Public Service and Administration	2014/2015	Fully effective
Office of the Public Service Commission	None, the HOD was appointed on 1 June 2016	Falls away
National School of Government	2014/2015	Eligible for pay progression
Centre for Public Service Innovation	2015/2016	Outstanding performance rating

(2) None.

(3) None.

Reply:

(a) The Department of Science and Technology spentthe following on advertising (aaa) in the 2015/16 financial year, and (bbb) since 1 April 2016:

(i) Africa News Network 7 channel

(aaa)	(bbb)
R369 344,00	R613 670,40

(ii)(aa) South African Broadcasting Corporation television channels

(aaa)	(bbb)
R1 798 668, 01	R400 088,00

(ii)(bb) South African Broadcasting Corporation radiostations

(aaa)	(bbb)
R1 884 310,00	R410 000,00

(iii) National commercial radio stations

(aaa)	(bbb)
R878 692,88	R273 200,00

(iv)(aa) Community television

(aaa)	(bbb)
R1 368 000,00	Nil

(iv)(bb) Community radio stations

(aaa)	(bbb)
R238 790,00	Nil

(b) The entities reporting to the Minister of Science and Technology spent the following on advertising:

(i) Africa News Network 7 channel

Entity	(aaa)	(bbb)
Academy of Science of South Africa	Nil	Nil
Council for Scientific and Industrial Research	Nil	Nil
Human Sciences Research Council	Nil	Nil
National Research Foundation	Nil	Nil
South African National Space Agency	Nil	Nil
Technology Innovation Agency	Nil	Nil

(ii)(aa) South African Broadcasting Corporation television channels

Entity	(aaa)	(bbb)
Academy of Science of South Africa	Nil	Nil
Council for Scientific and Industrial Research	R2 677 725,00	Nil
Human Sciences Research Council	R7 296,00	Nil
National Research Foundation	Nil	Nil
South African National Space Agency	Nil	Nil
Technology Innovation Agency	Nil	Nil

(ii)(bb) South African Broadcasting Corporation radiostations

Entity	(aaa)	(bbb)
Academy of Science of South Africa	Nil	Nil
Council for Scientific and Industrial Research	R450 000,00	Nil
Human Sciences Research Council	Nil	Nil
National Research Foundation	R200 000,00	Nil
South African National Space Agency	Nil	Nil
Technology Innovation Agency	Nil	Nil

(iii) National commercial radio stations

Entity	(aaa)	(bbb)
Academy of Science of South Africa	Nil	Nil
Council for Scientific and Industrial Research	Nil	Nil
Human Sciences Research Council	Nil	Nil
National Research Foundation	Nil	Nil
South African National Space Agency	Nil	Nil
Technology Innovation Agency	Nil	Nil

(iv)(aa) Community television

Entity	(aaa)	(bbb)
Academy of Science of South Africa	Nil	Nil
Council for Scientific and Industrial Research	Nil	Nil
Human Sciences Research Council	Nil	Nil
National Research Foundation	Nil	Nil
South African National Space Agency	Nil	Nil
Technology Innovation Agency	Nil	Nil

(iv)(bb) Community radio stations

Entity	(aaa)	(bbb)
Academy of Science of South Africa	Nil	Nil
Council for Scientific and Industrial Research	R256 000,00	R110 000,00
Human Sciences Research Council	Nil	Nil
National Research Foundation	Nil	R14 711,80
South African National Space Agency	R12 030,00	R25 720,00
Technology Innovation Agency	Nil	Nil

Reply:

(a)(i) Chief Financial Officer

The qualifications for the Chief Financial Officer are Bachelor of Commerce and Honours Bachelor of Accounting Science.

(a)(ii) acting Chief Financial Officer

There is currently no acting CFO within the Department

(b)(i) Directors-General

The qualifications for the Director-General are Baccalaureus Lurisprudenciae, Honours Baccalaureus Artium Degree and Master’s Degree in Economics.

(b)(ii) acting Directors-General

There is currently no acting Director-General within the Department

Reply:

(a) The Minister established a task team to determine the facts of the matter and the most appropriate course of action.

1. The Task Team is still determining the facts of the matter and the most appropriate course of action.
2. There are currently no findings as the Task Team is still verifying the veracity of the allegations made.
3. The Minister will advise Cabinet on the outcome of the assessment conducted by the Task Team.
4. The date cannot be ascertained at this stage as the assessment is still ongoing.

9/1/4/5/2/A/2

THE MINISTER

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

INTRODUCTION

1. The above-mentioned question appears on the Internal Question Paper No. 28 dated 16 September 2016 for written reply in the National Assembly.

2. A draft reply to the question is enclosed in Pocket 2 for the Minister’s consideration.

Recommendations

3. It is recommended that the Minister approves the draft reply enclosed in Pocket 2 if the Minister concurs with its contents.

DIRECTOR-GENERAL

DATE:

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

DECISION

Reply approved/not approved.

Further discussion required/not required.

Proposed date for discussion:

MINISTER OF SCIENCE AND TECHNOLOGY

DATE:

9/1/4/5/2/A/2

THE DEPUTY MINISTER

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

Enclosed in Pocket 1, please find a copy of a submission to the Minister for your information.

DIRECTOR-GENERAL

DATE:

DECISION

Contents noted.

Further discussion required/not required.

Proposed date for discussion: ………………………………………….

DEPUTY MINISTER OF SCIENCE AND TECHNOLOGY

DATE:

ROUTE FORM

SUBMISSION TO THE MINISTER OF SCIENCE AND TECHNOLOGY

PROGRAMME

2

FILE NO.

9/1/4/5/2/A/2

SUBJECT

QUESTION 1890 FOR WRITTEN REPLY: NATIONAL ASSEMBLY: DR A LOTRIET (DA): SALE OF TIA’S SHAREHOLDING IN KAPA BIOSYSTEMS TO AMERICAN SHAREHOLDERS

ABBREVIATED DESIGNATION SURNAME AND INITIALS

ELECTRONIC SIGNATURE

COMMENTS

B Durham CD: Bio

M Muofhe DDG: TI

Reply:

(i) (aa) (bb) (aaa) (bbb)

No spending was recorded in the department on advertising with the Africa News Network Channel or with the South African Broadcasting Corporation’s television channels in the 2015-16 financial year and from 1 April 2016 to date.

(ii) (bb) (aaa) (bbb)

The spending on advertising with the South African Broadcasting Corporation’s radio stations was R511 382.91 in the 2015-16 financial year and R659 226 from 1 April 2016 to date related to key areas of the dti’s work programme.

(iii) (aa) (bb) (aaa) (bbb)

No spending was recorded in the department on advertising with the national commercial radio stations, television channels and community television channels in the 2015-16 financial year and from 1 April 2016 to date.

(iv) (bb) (aaa) (bbb)

The spending on advertising on community radio stations for the 2015-16 financial year was R388 787 and R1 772 419.33 from 1 April 2016 to date on advertising campaigns.

Response from the Entities

ENTITY	QUESTIONS	RESPONSES
NLC	(i) Africa News Network 7 channel	-
	(ii) SA Broadcasting Corporation	(aaa) 2015-16 fy	(bbb)
	(aa) television channels	R900 000.00	R1 193 607.36
	(bb) radio stations	R6076288.60	R887583.07
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	R994790.00	R117 655.00
NEF	(i) Africa News Network 7 channel	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-
	(bb) radio stations	-
	(iii) national commercial radio stations	R901 867.68
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	R28 096.50	R7 200.00
ECIC	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation	(aaa)	(bbb)
	(aa) television channels	-	-
	(bb) radio stations	R78 156.00	R52 104.00
	(iii) national commercial radio stations	R333 606.00
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-
SABS	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-
	(bb) radio stations	-
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-
NGB	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-
	(bb) radio stations	-
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	R141,684.90
NCT	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation	(aaa)	(bbb)
	(aa) television channels	-	-
	(bb) radio stations	-	-
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-
SANAS	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-
	(bb) radio stations	-
	(iii) national commercial radio stations and	R37 962.00
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-
NRCS	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-
	(bb) radio stations	R472 701.00
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-
CT	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-
	(bb) radio stations	-
	(iii) national commercial radio stations	R122 586.07
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-
NCC	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	R2 110 719.48
	(bb) radio stations	R1 513 511.26
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-
CIPC	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-	-
	(bb) radio stations	-	-
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	R463 879.68	-
	(bb) radio stations	-	-
NCR	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-	-
	(bb) radio stations	-	-
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	R33 610.00	R502 321.88
NMISA	(i) Africa News Network 7 channel	(aaa)	(bbb)
		-	-
	(ii) SA Broadcasting Corporation
	(aa) television channels	-	-
	(bb) radio stations	-	-
	(iii) national commercial radio stations	-
	(iv) community	(aaa) 2015-16 fy	(bbb) since 1 April 2016
	(aa) television	-	-
	(bb) radio stations	-	-

Reply:

(a)(i) The Chief Financial Officer position is permanently filled. The employee has the following qualifications:

• Bachelor of Commerce.
• Master’s Degree in Business Administration.

(a)(ii) Not applicable. The position is permanently filled.

(b)(i) The Director-General position is permanently filled. The employee has the following qualifications:

• Bachelor of Science Degree.
• Bachelor of Science Honours Degree.
• Master of Science Degree.
• Doctor of Philosophy.

(b)(ii) Not applicable. The position is permanently filled.

Reply:

No, SA Tourism has not conducted any studies to determine why the accommodation industry. The Tourism Grading Council of South Africa (TGCSA) will be conducting formal research in quarter three of 2016/17, to determine the perceptions of grading in the sector which will provide insight into the reasons for cancellations.

  (a) The results of this research study will assist the TGCSA greatly in its strategy development and implementation.

  (b) In order the address the cancellations, the TGCSA is currently implementing the following

measures and actions:

   (i) TGCSA is working closely with NDT to address the cost of grading through the Grading Support Programme offered by the Tourism Incentive Programme (TIP).

   (ii) TGCSA’s Basket of Benefits continues to be developed and updated to ensure the business support services and discounts available on the platform are relevant to all categories. Registration of establishments on the Basket of Benefits platform continues to grow.

   (iii) TGCSA has opted to implement Memoranda of Understanding (MOU) with Provincial Consumer Protection Authorities directly. The basis of these memoranda is to partner with and enlist the services and support of the provincial bodies to eradicate the illegal usage of stars in the provinces through consumer and trade education initiatives. MOUs have either been concluded or are in the final stages of conclusion between TGCSA and the Western Cape, Eastern Cape, Gauteng and Kwazulu-Natal authorities. The remaining provinces are currently at consultation phase. TGCSA has also presented the consumer impact of the illegal usage of stars at the National Consumer Forum.

  (iv) TGCSA has provided input to Treasury on the amendments to the National Travel Policy. This policy and pending revisions have been closely linked to star grading and will encourage grading amongst establishments as well as direct government procurement of travel services.

Reply:

(a) The members of the TLTC are the National Department of Transport together with its Agencies and the 9 Provincial Departments responsible for transport.

(b) Road Traffic Regulation is a functional areas of concurrent National and Provincial legislative competence as provided for in terms of schedule 4 of the Constitution, so each province must form part of this committee for decision making.

(c) There are no members that have been excluded.

Reply:

I have not found that the outcome of the UK referendum has had any effect on tourists’ arrival to South Africa. It is important to note that it would be premature to make any statements on the impact on tourism. Uncertainty around developments in some areas could in the short and medium-term impact on arrivals to South Africa from the UK. It is probable that in the short-term, personal spending will be conservative in anticipation of negative impacts, and that long-haul travel and spending on non-essentials may be conservative.

In the context of arrivals to South Africa, it must be noted that

• June to August are low season months for travel to SA (peak travel months are December-February) and any impact would not be immediately visible.
• The majority of leisure travellers decide on a holiday to SA at least three months before travel. Impact on arrival numbers will only be noted from October 2016 onwards.

Reply:

What formal qualifications does each of her department’s (a)(i) Chief Financial Officers and/or (ii) acting Chief Financial Officers and (b)(i) Directors-General and/or (ii) acting Directors-General possess?

The formal qualifications of the:

(a)(i) Financial Officer;

(a)(ii) Acting Chief Financial Officer;

(b)(i) Director-General; and

(b)(ii) Acting Director-General

are as follows:

QUESTION	POST	QUALIFICATIONS
(a)(i)	Chief Financial Officer	Grade 12 B Comm Degree Diploma in Central Banking Diploma in Treasury Management & Trade Finance Advanced Diploma in Central Banking Certified Associate of the IOB International Capital Market Qualification
(a)(ii)	Acting Chief Financial Officer	Grade 12 B Comm Degree B Comm Honours Degree in Accounting
(b)(i)	Director-General: Transport	Position vacant
(b)(ii)	Acting Director-General: Transport	Grade 12 Diploma in Public Administration Bachelor of Arts Degree Post Graduate Diploma in Transport Management Master of Business Administration Degree

Reply:

The SA National Convention Bureau provided a report to the Portfolio Committee as Annexure A1 of the SA Tourism Quarter 1 presentation to the Portfolio Committee, for the meeting of 2 September 2016. The document was distributed on 29 August 2016 to the committee secretariat.

Reply:

(1) (a) From the information that the Department has received we have been advised that the renewal notices are being sent to all the motorist.

(b) In terms the legislation it required that a motor vehicle be licensed after every twelve months, therefore it is the responsibility of the owners of a motor vehicles to renew their licenses after the expiry thereof.

(2) At this stage the Department have not yet engaged with all the role players , however we will be engaging on finding ways of using technology to improve the service delivery.

Reply:

(a) The Youth Road Safety Summit that was held on 25 June was a culmination of Provincial Road Safety Youth Summits that were held in all provinces. The purpose was to establish a National Structure of young people who are engaged in road safety. The aim is to place youth at the centre of finding solutions to the ever daunting task of road deaths as these affect the youth more than any age category of road users.

(b) A National Structure was established. It is made up of the youth from all provinces and different organisations ranging from businesses, NGOs, (b) faith-based organisations, etc. These were also co-opted into the structure.

(c) The term of office of the elected body is one year. They have the responsibility of developing a programme that will focus on youth and road safety. In developing such a programme, they will take into account what is being done in the fraternity and what the shortcomings area as well as coming up with innovative ways of appealing to the youth. The programmes have to be all inclusive and accomodative of divergent youth of the country.

(d) The RTMC has been mandated to provide support to the national structure, with other road entities interacting with the structure as well. The provinces are expected to play a similar role with regards to supporting the youth structures in respective provinces.

Reply:

a) (i) Chief Financial Officer

National Diploma: State Accounts and Finance

(ii) Acting Chief Financial Officers

Not applicable

(b)(i) Directors-General

Bachelor of Science Degree in Physics and Applied Physics

International Graduate Diploma in Environmental Management (Israel)

Postgraduate Diploma in Strategic Management and Corporate Governance

Graduate Diploma in Company Direction

(ii) Acting Directors-General

Not applicable

Reply:

(a) There was no delay in the transfer of funds to South African Tourism. The total marketing allocation as appropriated was transferred in April 2016 upon National Treasury’s approval, to allow for management of potential currency losses.

(b) Not applicable. The department transfers the contribution to South African Tourism quarterly in advance.

Reply:

1. (a) Following Cabinet’s concurrence on 28 September 2016, the recommended candidate, Mr Sisa Ntshona was notified of his appointment as CEO by the SA Tourism Board.

(b) Mr Ntshona will assume duties on 3 October 2016.

2. (a) Remuneration of Board members was tabled in the SA Tourism Annual Report 2013/14. Refer to page 73 and 100.

(b) Remuneration of Board members was tabled in the SA Tourism Annual Report 2014/15. Refer to page 74 and 75.

(c) Remuneration of Board members was tabled in the SA Tourism Annual Report 2015/16. Refer to page 81 and 82.

3. (a) SA Tourism Vacancies:

Business Unit	Approved positions	Occupied positions	Vacant positions	Temporary staff
Office of the CEO	6	5	1	-
Operations	30	28	2	2
Finance	23	22	1	3
SANCB	15	12	3	2
Marketing	114	93	21	4
TGCSA	14	14	-	-
Total	202	174	28	11

(b) The vacancies have not affected the performance of SA Tourism. Interim arrangements have been made to ensure that the operations of the organisation are not impacted during the organisational review process.

Reply:

(a) Department of Tourism spend on

Media	Media	(aaa) 2015-16 Financial year	(bbb) Since 1 April 2016
ANN 7	-	0	0
(ii) SABC	(aa) Television channels	0	0
	(bb) Radio Stations	0	0
(iii) National Commercial radio stations	-	0	0
(iv) Community	(aa) Community television	0	0
	(bb) radio stations	0	0

 

(b) SA Tourism spend on

Media	Media	(aaa) 2015-16 Financial year	(bbb) Since 1 April 2016
(i)ANN 7	-	N/A	N/A
(ii) SABC	(aa) Television channels	R21,500,000	R2,072,300
	(bb) Radio Stations	R1,395,030	R7,299,932.86
(iii) National Commercial radio stations	-	R5,204,575.50	R2,698,224.19
(iv) Community	(aa) Community television	N/A	N/A
	(bb) radio stations	R1,200,000.00	N/A

 

Reply:

1. In response to the above-mentioned questions, it should be mentioned that the last permanent HOD left the Department in February 2013. From 2013/14 to 2014/15, i.e. for these two financial years, the Department did not have a permanent HOD, except several tenures of acting appointments.

The next permanent HOD, Mr PG Selepe, was appointed on 25 February 2015 (i.e. one month before the end of the 2014/15 performance cycle).

Mr PG Selepe has signed his Performance Agreement for 2015/16 on 30 June 2015 instead of 31 May, the Performance Agreement was submitted to the Public Service Commission on 30 June 2015 as a requirement for all the permanent HODs.

 (a) For 2016/17, Mr PG Selepe did not sign the Performance Agreement by 31 May 2016.

  (b) Mr PG Selepe was put on special leave with effect from 3 May 2016 until to date (i.e. few weeks before the due date of 31 May 2016).

  (c) Not applicable, due to response in (b).

  (d) A consequence for not signing Performance Agreement will result in forfeiture of performance incentives including pay progression for the 2015/16 performance cycle in line with the DPSA directive of 31/07/2012. In this case it will not be applicable due to response in (b).

(1)(i) The then HOD, Mr PG Selepe, did not comply in submitting the 2015/16 Half Yearly Review and 2015/16 Annual Performance Assessment.

(1)(ii) In view of the above, this is not applicable.

(2) For the past two consecutive performance cycles (i.e. 2013/14 and 2014/15), there was no HOD, hence there was no reporting. Therefore a response to this question is not applicable.

(3) Not applicable due to the reasons given above.

Reply:

1. The Head of Department (HOD) of Science and Technology has signed a performance agreement annually since his appointment in 1 April 2006.

2. The HOD has consistently signed a performance agreement since his appointment.

3. The HOD received a performance bonus at a percentage rate approved by Public Service Commission in line with his performance assessment result of above average performance.

Reply:

(a) Although provinces ordered adequate stock from the Government Printing Works to deal with all the service of all transactions required, the backup stock of face value documents that they keep was not enough to deal with the growth in the number of services that were required.

(b) Provinces have been advised to request assistance from other Registering Authorities that have surplus face value documents. Furthermore, provinces have been advised that in their projections they must ensure that there is enough face value documents.

(c) The matter has been resolved. Government Printing Works has also been advised to order more Face Value documents.

Reply:

(a) The National Tourism Sector Strategy (NTSS) did not provide an indicator for total tourism revenue. However, targets are provided for Gross Domestic Product (GDP) contribution. In this regard, the targets have been achieved. Tourism was estimated to contribute R71 billion in 2009 in the original NTSS with a target of R118 billion by 2015. The Tourism Satellite Account for South Africa, final 2012 and provisional 2013 and 2014 recorded a contribution of R111 560 billion (2.9% of total GDP) in 2014. In terms of total (direct and indirect) GDP contribution, the World Travel and Tourism Council (WTTC) Travel and Tourism Economic Impact 2016 South Africa Report estimated a contribution of R375 billion in 2015 (9.4% of total GDP).

(b) Yes, 2015 NTSS targets in terms of both direct and total jobs were achieved. The NTSS 2011 provided a baseline of 389 100 direct jobs in 2009 and a target of 403 900 direct jobs in 2015. According to the Tourism Satellite Account for South Africa (final 2012 and provisional 2013 and 2014) tourism contributed 680 817 direct jobs in 2014. The WTTC Travel and Tourism Economic Impact 2016 South Africa Report estimated a contribution of 703 000 direct jobs in 2015. This performance exceeded the National Tourism Sector Strategy targets.

In respect of total jobs (both direct and indirect) contribution, the NTSS set a baseline of 919 800 jobs in 2009 and a target of 968 300 jobs in 2015. The WTTC estimated a total contribution of 1 554 000 jobs in 2015, surpassing the 2020 target of 1 097 000.

Reply:

The additional funding of R10,7 million is being used for marketing activities through the Tourism Business Council of SA (TBCSA)/ Tourism Marketing South Africa (TOMSA) and the SA Tourism Collaborative Fund. Four core markets, namely Germany, United States of America, United Kingdom and China have been selected for Joint Marketing Agreements to boost tourist arrivals and tourism revenue into South Africa.

Reply:

(a) The number of non-governmental organisations (NGOs) subsidised in the 2014/2015 financial year per province:

PROVINCE	NUMBER OF FUNDED ORGANISATIONS	TOTAL AMOUNT ALLOCATED TO NGOs
EASTERN CAPE	2416	496, 417 000.00
FREE STATE	1613	1680	347, 637 732.00
GAUTENG	2791	1 530 972 449.00
KWA-ZULU NATAL	2945	783, 218 348.00
LIMPOPO	2058	442, 000 000. 00
MPUMALANGA	1263	461 135 000.000
NORTHERN CAPE	1029	204, 4338 38.00
NORTH WEST	812	264, 701 727.97
WESTERN CAPE	2320	2151	964, 774 190.00

 

(b) The Provincial Departments of Social Development are currently at different phases of funding the NPOs. The provinces implement a combination of unit costs and programme funding in the financing of services rendered by non-profit organisations (NPOs). Some provinces have been providing a per capita rate for most of the subsidised programmes based on the number of beneficiaries serviced. The subsidy, which is based on the available resources, covers the overall costs of the service including administration, human resources and goods and services.

It is therefore difficult to provide a breakdown in respect of expenditure for (i) administartion and (ii) core service delivery.

 

Reply:

(a) Department of Social Development

1. (aa) Not applicable to the department of Social Development

(bb) Not applicable to the department of Social Development

(ii)

(aa) The Department of Social Development facilitates the programme of linking cooperatives to economic opportunities. Cooperatives from poverty stricken wards are identified, profiled and linked to economic opportunities created through the Social Relief of Distress Programme which include supply of vegetables and school uniform to poor and vulnerable families and children. These cooperatives are also linked to economic opportunities created through the Household Food and Nutrition Programme and they supply Community Nutrition and Development Centres with food products and uniform.

(bb) There is no dedicated budget for Cooperatives. Those cooperatives with capacity building needs are referred to the National Development Agency and the Department of Small Business Development and Cooperatives for support.

(cc) not applicable to department of Social Development

SASSA

1. SASSA is not running any development programmes for small businesses

(aa) Not applicable to SASSA

(bb) Not applicable to SASSA

(ii)

(aa) SASSA is not running development programmes for co-operatives. However, SASSA utilizes co-operatives for procurement.

The co-operatives are identified and assessed by the Co-operatives Unit

in the Department of Social Development.

Those co-operatives which require development are identified and assisted through the Department of Social Development and the National Development Agency. Once these have met the requirements to register on the Central Supplier database, then SASSA is able to utilize them for procurement of various services, such as social relief of distress, school uniforms, SASSA uniforms and catering, amongst others.

(bb) No dedicated budget for only cooperatives

(cc) Not applicable to SASSA

NDA

The NDA mandate is derived from the National Development Agency Act, (Act No. 108 of 1998). In terms of the act, the primary objective of the NDA is to contribute towards the eradication of poverty.

   (i) Small business – the NDA has not supported small business as this function is outside its mandate of supporting Civil Society Organisations.

   (aa) Not applicable to NDA

   (bb) Not applicable to NDA

  (ii) 

   (aaa) NDA support cooperatives through its capacity building programme as part of its CSOs capacity strengthening interventions. The NDA provides training, mentoring and incubation for CSOs including cooperatives on governance, financial management, conflict management, registration of NPOs and cooperatives. The NDA has planned to capacitate 4950 of CSOs including cooperatives in the 2016/17 financial.

   (bbb) The NDA has budgeted R41 147 484.00 for CSOs including cooperatives capacity building interventions in the 2016/17 financial year.

   (cc) Not applicable to SASSA

Reply:

(1)(a) The project was approved as a Government water work on 8 June 2010.

(1)(b)(i) The approved budget is R593 million.

(1)(b)(ii) The Expenditure as at August 2016 is R233 million.

(1)(c) The expected completion date is January 2018 (revised per programme).

(1)(d) The expected completion cost is R620 million (revised).

(2) Yes, the project went out on tender.

(2)(a) Below are the names of the companies that made submissions for the tender:

	BIDS RECEIVED
1.	Bicacon PTY/Mapitsi Civils/Setheo Consortium & SinoHydro Joint Venture (JV)
2.	Lubbe Construction
3.	Aveng Grinaker
4	Basil Read LTD/ Rodio Consortium
5.	MRC – DSB Consortium
6.	Group Five Coastal (PTY) LTD

(2)(b)

The name of the company that was awarded the tender is Group Five Coastal (PTY) LTD.

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Reply:

(a) The Sedibeng Regional Sanitation Scheme comprises the upgrade construction of the Sebokeng Waste Water Treatment Works (WWTW), upgrade of the Meyerton WWTW, review of the feasibility study for the possible upgrade of the Rietspruit and Leeuwkuil WWTW, the construction of the Regional WWTW in Sedibeng, as well as the upgrade of the associated bulk collection infrastructure; such as pipelines and pump stations. The Project has not been withdrawn, but is underway and the Sebokeng WWTW and Meyerton WWTW are under construction; and the Sedibeng Scheme is under implementation readiness study.

(b) No amount of money has been withdrawn.

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Reply:

(1)(a)(i) The Desalination Package Plant is supplied by a local company in KwaZulu- Natal.

(1)(a)(ii) The total costs of package plant amount to R250 million excluding VAT.

(1)(b) The packed desalination plant will be operated by Mhlathuze Water at a cost yet to be determined as discussions are still ongoing.

(2)(a) A total of 10Mega Litres per day will be produced by the desalination plant.

(2)(b)(i) The cost of the desalination plant is R250 million excluding VAT.

(2)(b)(ii) The selling price of each kilolitre of water is R3.96.

(3) My Department's supply chain procedures were followed as per National Treasury guidelines.

(4) A local company was appointed to procure these services.

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Reply:

Question (i)	PERIOD	NO OF MINING RIGHTS
(aa)	01 APR 2013 – 31 MAR 2014	185
(bb)	01 APR 2014 – 31 MAR 2015	139
(cc)	01 APR 2015 – 31 MAR 2016	142
Question (ii)	01 APR 2016 – 31 AUG 2016	55
TOTAL	521

(b) Approximate annual cost are as follows:

Cost Driver	2013 - 2014	2014 – 2015	2015 - 2016
Maintenance	R 786 600.00	R 786 600.00	None - R0
Operating	R 897 180.00	R 533 346.72	R 304 970.52

(iii) Remuneration:

• There are nine (9) officials each at salary level:10 (R389 145.00 p.a). One (1) offficial in each Regional Office, Assistant Director: Mineral Information Management (MIM). There are responseble for the day to day spatial verification.
• One (1) official at salary level:5 (R142 461.00). Administrative Clerk located at Head Office, responsible for helpdesk.
• One (1) official at salary level:12 (R726 276.00), Deputy Director: Administration and Information Systems, located at Head Office.

 

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

Reply:

1. (a)There were no terms and conditions of the permit as the permit was not issued.

(b)The Department of Rural Development and Land Affairs will be in a better position to respond to this question

2. The department Rural Development and Land Affairs will be in a better position to respond to this question

3. Should be referred to Mine Health and Safety

4. A notice in terms of section 93 of the MPRDA was issued on 17 August 2011. Issues to be addressed related to Environmental matters as well as implementation of the Social and Labour Plan.

5. The right holders are not obliged to report to the Department of any payments made to communities.

 

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

Reply:

(a) The Bucket Eradication Programme is being implemented in the Northern Cape, Free State, North West and Eastern Cape Provinces, and the progress is indicated in the table below:

Province	Targets	Units Completed	Flushing	Not yet Flushing	Remaining to be constructed
Northern Cape	7618	7056	3685	3371	562
Eastern Cape	3319	3269	2919	350	50
North West	223	223	223	0	0
Free State	13880	13698	1827	11871	182
	25040	24246	8654	15592	794

(b) Below are reasons for the delay in the completion of the specified programme:

• Extreme difficult soil conditions exist in the Northern Cape with moderate conditions in the Free State Province which requires sophisticated machinery to enable the excavation of the rock formations;
• In some towns, the extent of the sewer and water reticulation is in excess of 50km which with some difficult soil conditions slows the excavation process;
• Due to the flat terrain of some projects, deep excavations for services, often as deep as 3m must be excavated to ensure gravity flows once connected;
• Disruptions of existing services (due to excavations without drawings or designs of where existing services are located) such as water and electricity in some projects necessitate stoppages so as to restore the service before commencement.
• The non-availability of materials (toilet structures, pipelines for water and sewer, conservancy tanks) have posed an additional delay in terms of acquiring such from suppliers often outside of the province;
• Community protests or disputes over daily labour rates have delayed the project in some provinces for up to 3 weeks at a time.

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Reply:

1. A Mining Right issued on 28th June 2016.

2. (b) Environment Management Progrmme (EMP) was undertaken.

     (i) The EMP provided an assessment on the potential impacts of the proposed mining activties, which therefore also provided measures to modify, remedy, control or stop any actions, or process which may cause pollution or degradation to the environment. Measures were informed by recommendations of the specialist reports undertaken amongst others, these includes, Floral assesment specialist report, Fauna assesment specialist report, Wetland assement specialist report, Air quality assement specialist report, Hydrological assesment specilist studies (Ground and surface water).

     (ii) Public participation was undertaken with land owners, Organs of State, Interested and affected parties, through newspaper advertisement, site notices, meetings, distribution of Background information Documents (BID) to both interested and affected parties.

3. Details of public participation undertaken with land owners, Organs of State, Interested and affected parties, through newspaper advertisement, site notices, meetings with minutes, distribution of Background information Documents (BID) to both interested and affected parties. All interested and affected parties, land owners, were provided with opportunity to comment or raise concerns or objections. All comments, concerns and objection were addressed in the EMP in the form of mitigation measures.

 

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016

Reply:

(1)(a) The pipeline project between the Craigieburn Dam and Greytown in KwaZulu-Natal started on 24 March 2015.

(1)(b)(i) The budgeted cost of the project was R203 802 607 including escalation, contingencies and VAT.

(1)(b)(ii) The distance of the pipeline is 35.0km

(2)(a) The project has not been completed due to poor performance of the three contractors appointed in the project which resulted in termination of the contracts.

(2)(b) It will take about eleven (11) weeks to complete the outstanding scope of the works. The actual start and completion dates will be negotiated between uMzinyathi District Municipality and the prospective replacement contractors once appointed through Section 32 of the Municipal Supply Chain Management Regulations.

(2)(c) The cost of the project to date is R79 493 188.

(2)(d) The total estimated cost to complete the project is R138 647 000.

(3) Yes, the project went out on tender.

(3)(a) The companies that made submissions for the specified tender are as follows:

Bankuna Engineering	V. Bhengu Construction
Sizabonke t/a Pilcon Projects	Moray & Dickson Construction
Shula Construction	Nongafa Construction
Igugulabafazi Developments	Soundrite Construction
JMngcwango Trading	Valente Bros (Pty) Ltd
Barleda 65 cc JV Busizwe	Ntandoyami JV
Velakude Trading JV Ugwadule Trading	R&B Pipelines JV Sikoti
TBA Construction	Blue Dot G Services
F&A Civils	Thembalethu Civils
Anvisba Civils	Lenong Azishe JV
WK Construction	Velekude JV Umzuzu cc
Cycade Pipelines	AM Pomolong JV
WBHO Construction	Tshenolo Resources JV Kufiki
Namandla Roads & Civils	Esor Construction
Cerimele Construction	Phumi JV Ishishini
Zanamanzi Services

(3)(b) The pipeline was broken into three contracts, and the contractors awarded the tenders were Soundrite Construction, Bankuna Engineering and Phumi/Ishishini JV.

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Reply:

(a) As the honourable member is aware in terms of the National Road Traffic Act, 1996 vehicle owners are required to provide accurate address and contact details on registration and licensing of their vehicles.  These details are captured on the e-Natis system.  The information used for violator invoicing (VPC) is directly extracted from this database, in terms of the legal requirement to pay toll, as per the applicable legislation – Act No 7 of 1998. In the event that the information from e-Natis is inaccurate, and summonses are served, the lawyers may source additional information from other available sources as an offence was committed.

(b) No process is required.  If a road user is not paying toll in terms of a legal requirement, a debt against the name of the vehicle owner occur.  SANRAL is entitled to collect the outstanding toll/debt in terms of the SANRAL Act.

(c) If the information for a vehicle owner is accurate on e-Natis, a vehicle owner may not refuse that the information is made available to SANRAL. It is available in terms of the law and there is a legal requirement that users must ensure that their latest information is reflected on the Natis system. If address or contact details change, a user has 26 days in which to provide updated information.

I am confident that the honourable member does not tolerate lawlessness of any manner whatsoever. Not paying toll fees is a criminal offence. Although, it may be regarded as a white collar crime, it nevertheless remains a crime

Reply:

Question 1(a)

The annual salary of the Chief Executive Officer for NEEDU in different financial years was as follows:

Financial Year	Annual Salary
2012-13	R1 111 745
2013-14	R1 280 730
2014-15	R1 353 732
2015-16*	R112 811

* The Chief Executive Officer for NEEDU, Dr Nick Talyor, left in April 2015 and the new Chief Executive Officer was not appointed.

Question 1(b)

There was no performance bonus for the Chief Executive Officer of NEEDU during his tenure.

Question 2 (a)

NEEDU is conducting systemic evaluation to prepare a report on the quality of curriculum delivery in special schools.

Question 2 (b) (i)

NEEDU is investigating the kind of support that different role players in the education sector (i.e. the Department of Basic Education, Provincial Departments of Education, districts and schools) give to learners in special schools, to ensure that learners experiencing barriers to learning and who require intense levels of support may have access to quality education.

Systemic investigations at the national office, Provincial Departments of Education, districts and schools regarding the adequacy, appropriateness and quality educational provision for learners with special needs, and how special schools are supported by the districts and provincial offices to function effectively, will be completed in November 2016.

Large volumes of both quantitative and qualitative data are being collected at all levels of the system. To save costs, the analysis of data will not be outsourced but will be done in-house. This is a labour-intensive and time-consuming exercise. It is anticipated that the final report will be submitted to the Minister in May 2018.

Question 2 (b) (ii)

Upon receipt of the NEEDU Report, in line with the provision of section 7(1)(g) of the Regulations for the Establishment of the Office of Standards and Compliance for Basic Education (OSCBE), currently known as NEEDU, “the Minister may publish the report.” This provision empowers the Minister to publish NEEDU reports at her discretion.

Reply:

(a) the Airports Company South Africa SOC Limited complies with the National Road Traffic Act (Act No. 93 of 1996) regarding the registration of all its vehicles as required. Vehicles are registered within the local municcipality uthoriyu boundaries and issued with the relevant licenses accordingly;

(b) The National Road Traffic Act (Act No. 93 of 1996);

(c) (i) Airports Company South Africa SOC Limited does not generate revenue from vehicle registration and licensing; and

(ii) Registration fees payable is as determined by the local municipal authority vehicle classification and applicable fee structure.

Reply:

(a) Phase 2: This phase is fully funded by the NMBM. It entails the construction of an extension of the Nooitgedagt Water Treatment Works (Civil works) on the Western side, all Mechanical and Electrical work associated with the civil works and a new Pump Station. All the work is under construction and approximately 60% completed. This phase should be finished by end of June 2017.

Phase 3: This phase is fully funded by my Department. It entails an extension of the Nooitgedagt Water Treatment Works (Civil works) on the Eastern side (Augmentation of the WTW's by 70Ml/day), all Mechanical and Electrical work associated with the civil works, a new 45Ml Reservoir at Olifantskop, Cathodic Protection and AC mitigation on all bulk lines as well as the rehabilitation of the Chelsea Motherwell pipeline. All the work has gone out on tender which closes on Friday 2 September 2016. All the evaluation and adjudication processes will then follow and it is expected to appoint a contractor by end of October 2016 after which site establishment and construction should start. It will be a 24 months construction period and the anticipated completion date is December 2018.

(b) Phase 2: The only challenges experienced in this phase were rain delays. No further challenges were experienced.

Phase 3: One of the challenges experienced was the signing of a Tri-Partite agreement between the Implementing Agent, Amatola Water, (Appointed by the DWS), DWS and the NMBM. This should however be solved in due course.

Another challenge which caused a delay was the decision of the tender processes on whether to put the work out on different tenders since the work requires different disciplines and skills and/or whether all the work should go out as one tender. The decision was to put it out on one tender which as mentioned above is closing on Friday 1 September 2016.

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Reply:

(1) My Department did have unspent budget funds at the end of the 2015-16 financial year.

(1)(a) My Department has recorded an under expenditure of R189.558 million for the 2015-16 financial year.

(1)(b) Of the reported under expenditure of R189.558 million, my Department had requested to rollover funds from 2015-16 financial year to 2016-17 financial year in an amount of R77.448 million.

(2) National Treasury did not grant approval to the Department’s request for rollover of funds as it has been deemed that the Department can accommodate the related expenditure within the existing baselines.

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Reply:

1(a) (i) As at 31 August 2016 the number of outstanding appeals are 957.

1(a) (ii) At 1 April 2016, the number of outstanding appeals were 947.

1(b) The following number of appeals were finalised in the months as indicated

April 2016 - 4 Appeals

1. Appeals granted – 1
2. Appeals dismissed – 3

May 2016 – 6 Appeals

1. Appeals Granted – 4
2. Appeals Dismissed – 2

June 2016 – 31 Appeals

1. Appeals granted – 27
2. Appeals dismissed – 4

July 2016 – 20 Appeals

1. Appeals granted – 10
2. Appeals dismissed – 10

August 2016 – 10 Appeals

1. Appeals granted – 4
2. Appeals dismissed – 6

2(a) Considering the timeframes provided for in Regulation 74, it takes approximately 120 days to process and finalise internal appeals in the prescirbed manner. The attainment of this period is dependent on number of appeals received during a given period as well as the complexity of such appeals and capacity constrains. The 2010 Constitutional Court judgement in Bengwenyama held that internal remedies must exhuasted before judicial review proceedings may be instituted. This led to the lodgement of significantly more appeals than before as more applcants were required to exercise internal remedies.

2(b) Action Plans:

• There is a continuous liaison with internal and external parties involved to expedite conclusion of the Regulation 74 process which appears to be yielding positive results.
• From time to time, the Office of the State Attorney is requested to assist with the finalisation of certain appeals.
• While implementing the above measures, historic appeals are prioritised.
• Draft regulations to significantly streamline the appeal process has already been formulated and is to be promulgated soon.

 

Approved/not approved

Mr MJ Zwane, MP

Minister of Mineral Resources

Date Submitted:-………………/………………/2016