Questions and Replies

Reply:

I wish to advise the Honourable member that details of the implementation of the special housing assistance dispensation for military veterans was concluded with the gazetting of the Military Veterans Regulations only on 19 February 2014 through Government Gazette No 37355 of 2014. This paved the way for proper planning and implementation of the programme. Accordingly, during my budget vote speech in July 2014, I indicated that “We will establish a dedicated Branch, headed by a DDG, to ensure that all 5 854 indigent military veterans receive houses in less than three years”. In essence, planning for the delivery of houses for the military veterans commenced in the 2014/15 financial year. 'Prior, those military veterans whom were classified as indigent benefited from the normal housing programme for the indigent.

In addition, I am the first to admit to the slow delivery of houses to military veterans during the Govan Mbeki Awards on 13 August 2015, I indicated that:

“First we are going to prioritise the military veterans. Their plight is a sad one that does need to be repeated here. In view of the extreme insensitivity that is very easily attached to the delays that have been experienced by our military veterans, I would like to indicate, on behalf of government, that we care very deeply concerned about their plight. The delay has not been deliberate, but I have now taken a decision that we will prove our worth to them.

The Deputy Ministers of Military Veterans and Human Settlements and I have met with various groupings of military veterans in the Eastern Cape, Western Cape and KwaZulu-Natal and I have taken the decision that we will complete the more than 5 000 houses for military veterans who are on our database in the current financial year. The Military Veterans Housing Programme will be a national Ministerial programme. It will be coordinated by the Deputy Minister of Human Settlements as a national project, resources for the project will be ring-fenced and the military veterans themselves will appoint a national task team, through the Deputy Minister of Military Veterans and who will work closely with the Deputy Minister of Human Settlements. It is my intention that by March 2016 there should be no military veteran on our data base who is not housed through our intervention”.

I responded to question 3217 posed by an Honourable Gana on this important matter of military veterans as follows:

“Honourable member, we are currently in the final stages of concluding contractual agreements on this matter to ensure that we complete the more than 5 000 houses for military veterans who are on our database in the current financial year. Once this is done, I will provide a progress report to the Portfolio Committee on Human Settlements”.

Beneficiaries were sourced from the database that is provided by the Department of Military Veterans. In instances where excluded beneficiaries approach provincial officials, they forward names of those beneficiaries to the Department of Military Veterans for verification whether they qualify to be military veterans or not.

Allocation of houses follows the extensive verification exercise to confirm beneficiaries' availability and extent of their qualification for housing assistance. In some instances Military Veterans Associations do take part in the verification exercise done by provinces.

Reply:

1. Yes, the South African Police Service is co-operating with other countries in order to update its capacity and capabilities in Policing Cyber Crime.

During 2011 and 2012 investigating officers of the Family Violence, Child Protection and Sexual Offences Units (FCS), Division Detective Service, received training on the online sexual exploitation of children. This training was presented through KINSA (Kids Internet Safety Alliance) by the experienced law enforcement officers from Canada and Australia. The investigating officers also received soft tools with which to detect, identify and investigate computer facilitated crimes.

During 2014 investigating officers from the FCS unit also received training, which lasted for 5 weeks, presented by the Federal Bureau of Investigations (FBI) in the United States of America (USA).

Between 2012 and 2014 investigating officers within the Detective Service also received training in the Peoples Republic of China, relating to the investigation of Cyber Crime.

The Division Crime Intelligence cooperates with other law enforcement Agencies in operational requests for investigations on certain cases and also on training interventions.

The cooperation with other countries includes training programmes developed to enhance the capabilities of members of SAPS to investigate cybercrime. In this regard, the Council of Europe, through the Global Action on Cybercrime (GLACY) Project, allocated funding for three years to build capacity and skills by providing the SAPS, DOJ, SSA, NPA and Judges with training for first responders, the development of cybercrime policy and cybercrime strategy.

The GLACY Project will continue for 36 months (November 2013 – October 2015). The specific objective of this project is to enable criminal justice authorities to engage in international cooperation on cybercrime and electronic evidence on the basis of the Budapest Convention on cybercrime.

Furthermore, there was an international conference on assessing the threat of cybercrime that took place on 26 and 27 March 2015 in Colombo, Sri Lanka. An invitation in this regard was extended to the National Commissioner of the South African Police Service to nominate suitable representatives to attend the conference. The Division Crime Intelligence nominated three (3) senior officers who attended a training session in Sri Lanka. The conference was attended by other member countries namely Mauritius, Morocco, Philippines, Senegal, Sri-Lanka, South Africa and Tonga.

The Division also nominated members who attended the 1st responder training for law enforcement training course on 17 to 21 November 2014 held at the St George Hotel in Centurion which was also provided through the GLACY project.

Strengthening interaction and co-operation between the Directorate for Priority Crime Investigation (DPCI) and International Law Enforcement Agencies and Prosecutorial Authorities, through the use of Mutual Legal Assistance (MLA), and communications on a formal and informal basis, specifically relating to the utilization of Information Communication Technology (ICT), proved essential in identifying the unique characteristics, crime patterns and criminal entrepreneurial tendencies associated with Organised transnational cybercrime.

The Directorate for Priority Crime Investigation (DPCI), in order to address National Priority Offences pertaining to serious cybercrime and technology enabled crime, cooperated with Law Enforcement Agencies and Prosecuting Authorities of the United Kingdom, United States of America, France, Canada, Nederland’s, Ghana, thereby establishing international benchmarking standards relating to competence and best practice investigative methodologies in addressing cybercrime.

2. Yes, significant progress has been made in the apprehension and prosecution of Cyber criminals.

During 2013 SAPS conducted an undercover operation, “Operation Spade”, after information had been received from law enforcement officers of Canada. Several arrests were made and these cases are pending in court. The operation and investigation is still continuing.

During 2014 members of the SAPS together with FBI agents arrested a computer web administrator in the Eastern Cape. The suspect had been responsible for the abuse of more than one thousand children in the USA.

During 2015 and undercover operation, “Operation Cloud 9”, was registered and investigated in conjunction with law enforcement officers of Belgium and the USA (FBI). During take down operations, arrests were made in Western Cape, KwaZulu-Natal and Gauteng relating to the manufacturing, possession and distribution of child pornography. Cases against the arrested suspects are still pending in court.

 

On 26 November 2011 the Cybercrime Intelligence Unit, Division Crime Intelligence, assisted in tracing a suspect named Zenwa Ugo Chukukere who was wanted by the Federal Bureau of Investigation (FBI) for cybercrime cases. The SAPS members were commended for the speedy arrest of the Nigerian national wanted by the FBI for conspiracy to commit wire fraud (internet fraud) to the value of $ 20 000 000.00 (US dollars).

On 20 May 2014 a joint operation between the DPCI, Crime Intelligence, South African Tactical Response Team, Department of Home Affairs, Interpol, US Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) was conducted where 12 people were arrested in South Africa and 10 were arrested in the United States and Canada for cybercrime related activities.

The suspects were part of an international cybercrime syndicate operating from South Africa and in the USA and Canada. The investigation was initiated by HSI special agents in October 2011 after US law enforcement was contacted by a Mississippi resident who fell prey to a “sweetheart scam”. The syndicate purchased shipping labels from US Postal Service, Federal Express, United Parcel Service and DHL using fraudulent credit card information and stolen identities over a number of years. Once the merchandise reached South Africa, it was advertised for sale on the internet. The Division Crime Intelligence also assisted in this operation by identifying and confirming the addresses of the suspects. Interpol was also involved in facilitating the coordination of this operation.

The Directorate for Priority Crime Investigation (DPCI), emanating from international cooperation with law enforcement agencies and prosecuting authorities, initiated a criminal investigation during 2013, relating to transnational cybercrime. The operation named Scams “R” Us focused on a South African based cybercrime criminal enterprise, involved in mass-marketing fraud by purchasing merchandise from international distributors with stolen identity information and credit card particulars obtained from international hackers, and as a direct result of mutual cooperation between Law enforcement agencies of the United States, Canada and the United Kingdom.

The DPCI was able to coordinate this operation resulting in twenty (20) individuals being simultaneously arrested in the Republic of South Africa, Canada and the United States of America. This operation continued with the DPCI further cooperating with the United Kingdom Authorities which led to the latter making a profound breakthrough by arresting a main fugitive associated with the identified criminal enterprise at Heathrow International Airport.

Reply:

(a) The composition of the NATJOINTS is informed by the core membership of the JCPS DG Cluster, and includes the following:

 Correctional Services

 Defence

 Home Affairs

 Justice and Constitutional Development

 National Intelligence Coordinating Committee (NICOC)

 South African Police Service

 State Security Agency (SSA)

 South Africa Revenue Services (SARS)

 Communications

 Independent Police Investigative Directorate (IPID)

 Civilian Secretariat for Police

 Financial Intelligence Centre (FIC)

 International Relations and Cooperation

 National Prosecuting Authority (NPA)

 National Treasury

 Social Development

 Stats SA

Co-opted departments/agencies include:

• Transport
• Basic Education
• Higher Education and Training
• Co-operative Governance/Disaster Management
• Civil Aviation Authority (CAA)
• Airport Company of South Africa (ACSA)
• ESKOM
• TELKOM
• Metro Police
• Department of Forestry, Fisheries and Agriculture (DAFF)
• Border Management Agency (BMA)
• Labour
• Small Business Development
• Trade & Industry
• Health, amongst others

(b) The National Joint Operational and Intelligence Structure (NATJOINTS) is responsible for the development and implementation of operational safety plans, providing a safe and secure environment at big events, prioritise peace and stability of the country as well as handling issues of immigration and maritime security. The Committee is chaired by SAPS and meets every month providing regular reports to the DG’s. The Committee contributes to Outcome 3 of the MTSF. (Sub-Outcome 1: Reduced levels of contact crime and Sub-outcome 5: Ensure Domestic Stability).

Reply:

(a) To provide comprehensive security cover to all identified dignitaries (e.g. Ministers, Deputy Ministers, Premiers etc.) attending the event.

(b) (i) R 351, 926.00

(ii) 293

(iii) 10

Reply:

The South African Government and the Chinese Government signed an Agreement in respect of Police Co-Operation dated 25 April 2000. The areas of co-operation include training and development, teaching Mandarin is part of training and development.

Chinese Language (Mandarin) lessons are provided by the Chinese Embassy in South Africa that also coordinates the sessions in collaboration with the SAPS. Chinese language trainers are also provided by the Chinese Embassy in South Africa.

Reply:

(1) The City of Tshwane has confirmed its commitment to ensure that residents in Block S, Mabopane are issued with title deeds, for properties purchased from the former Bophuthatswana administration. In order to facilitate the handover of title deeds for Mabopane Block S, the City of Tshwane, with the support of the North West Housing Corporation (NWHC) has established the account balances of the properties concerned, and in so doing, ensured that account statements were hand delivered to the respective purchasers.

The account balances are required in order that clearance certificates can be issued based on the settlement of any outstanding balances or arrangements to that effect. Once the necessary administrative processes are completed, the residents will be informed accordingly and title deeds issued.

(2) (a) There are currently two types of properties in the Mabopane block S area. The old stock defined as pre-1994 housing and new stock defined as post-1994 housing. All the properties classified as old stock will be transferred and issued title deeds free of charge to residents.

The transfer of the majority of the Mabopane Block S Properties that form part of the new stock portfolio will only be effected as and when the purchasers’ settle the outstanding balance of the purchase price with the North West Housing Corporation (NWHC).

This has been communicated to residents in the sale and offer to purchase agreement which categorically states that: “the Purchaser agrees and shall be liable for all transfer costs in respect of the property being purchased and the purchaser is liable for the conveyancing fees prior to the registration process, after which, a title deed will be released to the purchaser.”

(b) On the 1st of November 2015 the NWHC will begin the process of regularisation of the properties within the City of Tshwane and the process is expected to be concluded on March 2016. However exact frames cannot be guaranteed as transfer of properties will be dependent on whether the purchasers has fully complied with the terms of agreement in respect of the instalment sale agreement.

To date, there are 39 fully paid properties in Mabopane Unit S, 100 in Mabopane Unit U, 71 in Mabopane Unit X. A firm of conveyancers, Koikanyang Incorporated has been appointed to transfer all fully paid properties into the names of the purchasers subject to the purchasers settling the necessary conveyancing fees.

(3) As indicated in 2 above and as far as the Mabopane Block S new stock houses are concerned; residents are still servicing the balances on their purchase prices. The North West Housing Corporation has since written letters to those who have settled their purchase price balances advising them of such and the documents that need to be submitted for the transfer of properties to be initiated. It must be noted that the purchaser is liable for the conveyancing fees prior to the registration process, after which, a title deed will be released to the purchaser. 

The City of Tshwane Human Settlements Department is being assisted by the City Group Legal Counsel Division to establish a process to investigate and apply urgent remedial action on the speedy opening of the outstanding township registers, where possible. The City has also sought, through its MMC: Housing and Human Settlements, to escalate the matter to the MEC: Human Settlements, Public Safety and Liaison Department: North West Provincial Government and the MEC: Gauteng Department of Human Settlements for in ensuring the existing administrative delays are removed to allow for the transfers to take place and title deeds issued.

Reply:

(a) Following the Premier’s declaration of a Provincial State of Disaster in selected Municipalities in KwaZulu-Natal, I as the Minister of Water and Sanitation issued a Directive to my Director-General on 20 December 2014 to provide R352.4 million for interventions to mitigate the impact of the drought. The amount was determined at a meeting between my Director-General, Head of Department of the Provincial Department of Cooperative Governance and Traditional Affairs (CoGTA) and the Water Services Authorities (WSAs) on
8 December 2014.

The Provincial Department of CoGTA collected, collated and co-ordinated the evaluation of the WSAs implementation plans. The provincial Drought Relief Implementation Plan dated 22 January 2015 highlighted that an estimated R669.7 million was required to alleviate the drought in the Province and an application for the balance of the funding was made to National Disaster Management Centre.

(b) The WSAs submitted their implementation plans to the CoGTA who then coordinated the evaluation of the plans.

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Reply:

The Office of the Accountant-General has since implementation of the National Treasury Instruction 01 of 2013-14 received many requests from departments and entities on implementation of the cost containment measures. We have also made available a set of frequently asked questions that deal with issues raised most frequently with this office.

The Accountant-General has set up an Exemption Committee to evaluate all requests for deviation from accounting standards and Treasury Instructions. Deviations are only granted in very rare circumstances.

In addition to the general queries dealt with by the Accountant-General, the office has received the following deviation requests in the past 12 months:

INSTITUTION	REQUEST	APPROVED/NOT APPROVED	REASON	DATE OF REQUEST	DEPARTMENTS MOTIVATION
Brand-South Africa	Request to hold 3 additional credit cards to carry out operations in foreign countries.	NOT APPROVED	The entity was advised to use alternative payment methods as they could not provide evidence that payments in foreign countries could only be made using credit cards.	27 February 2015
Presidency	(Ex-post facto approval) To request approval for the upgrade of Group B hired vehicles to executive class vehicles for the National Orders Advisory Council Members.	NOT APPROVED	Vehicles in a category other than category B may be hired with prior written approval of the Accounting Officer, where a different class of vehicle is required for a particular terrain or to cater for special needs of an employee in terms of paragraph 4.18 of the Treasury Instruction. Therefore, the ex-post facto approval is not granted and non-compliance to this Treasury Instruction may be reported as such.	29 May 2014
	To deviate from the Cost Containment measure for travel and subsistence - SCM officials to travel to Cape Town to perform asset verification	NOT APPROVED	National Treasury has concluded that no compelling reasons were found to grant approval for this deviation.	29 May 2014
	Request to exceed the daily accommodation limit of R3000 for officials attending the – SONA/ officials accompanying President Zuma during the Treasury Budget Vote in Cape Town/ The special Advisor to the Deputy President accompanying the Principal/ Officials attending the National Orders Award Ceremony/ official GM as hotels were fully booked.	DEVIATION NOT NECESSARY	In terms of paragraph 4.16 of the Treasury Instruction, Accounting Officers is given an authority to approve accommodation costs that exceed R 1300 : a)During Peak Holiday periods b)When South Africa is hosting an event in the country or in a particular geographical area that results in an abnormal increase in the number of local and/or international guests in the country or in that particular geographical area.	29 May 2014
	Legal and Executive Services invited to attend an urgent consultation in Cape Town to discuss the way forward on a Constitutional Court Judgment Matters.	NOT APPROVED	There were no compelling reasons found to grant approval for this deviation.	29 May 2014
	Approval to procure business class ticket for an official to accompanying Deputy President to United Kingdom, University of Oxford due to medical reasons.	DEVIATION NOT NECESSARY	In terms of paragraph 4.9 of the Treasury Instruction, the Accounting Officer may approve the purchase of business class tickets for employees with disabilities or for those with special needs. Therefore approval from National Treasury is not required where the Accounting Officer has granted such approval in terms of paragraph 4.9	29 May 2014
	Request to arrange catering for the Cabinet and its Committee meetings	DEVIATION NOT NECESSARY	In terms of paragraph 4.23 of the Treasury Instruction, Departments may not incur catering expenses for internal meetings i.e. for meetings attended only by persons in its employ, unless approved by the Accounting Officer. Therefore approval from National Treasury is not required where the meetings indicated in this deviation were internal meetings and approval was granted by the Accounting Officer in terms of paragraph 4.23 for catering expenses incurred.	29 May 2014
	Request to retain commissioners appointed in May 2010 for a fixed period ending in April 2015.	APPROVED	The Treasury Instruction was issued after the Commissioners were appointed, The Presidency to retain all these Commissioners until the end of their contracts in April 2015.	29 May 2014
	Request to fly business class for officials as they are required to fly for about 20 hours in the economy class and still be fresh to work on arrival.	NOT APPROVED	The National Treasury can only consider deviations from this Treasury Instruction on a case by case basis.	29 May 2014
	Request to exceed prescribed threshold of R1300 as support staff of principals is often required to reside in close proximity to the hotels where the principals reside.	NOT APPROVED	The National Treasury can only consider deviations from this Treasury Instruction on a case by case basis.	29 May 2014
	The Presidency would like to be exempted from the restrictions relating to the approvals for the use of 4X4 vans as we would not timeously know the conditions of the road and the state of the terrain at the projects sites.	DEVIATION NOT NECESSARY	Where a different class of vehicle is required to cater for a particular terrain or special needs of an employee, such vehicles may only be hired with the prior written approval of the Accounting Officer.	29 May 2014
	Request to exceed the number of employee travelling to Parliament on official duty/ travelling by air to other centres to attend an official engagement on the same matter.	DEVIATION NOT NECESSARY	Accounting Officer is allowed to pre-approve a higher number of officials	29 May 2014
	Request to exceed the R2 000 entertainment allowance per person per financial year.	DEVIATION NOT NECESSARY	The Accounting Officer has the authority to approve allowance that is higher than R2000 if satisfied that there are sufficient and sound reasons to do so.	29 May 2014
Independent Electoral Commission(IEC)	The entity requested permission to serve alcohol at two functions namely, a gala dinner held immediately after election results are announced	DEVIATION NOT NECESSARY	Information submitted to NT indicated that the international guests attending the dinner will include Foreign Ministers who are delegates in the AU and Members of Parliament of various SADC countries who are in the SADC Parliamentary Forum delegation. Therefore on the basis that these international guests are considered to be Foreign Dignitaries, exception c) of paragraph 4.25 would be applicable and no exemption was therefore required.	25 February 2014
Independent Electoral Commission(IEC)	Secondly alcohol was to be served at a dinner to be held for sponsors. Therefore request for exemption from of Paragraph 4.25 of the Treasury Instruction 01 of 2013/2014 was requested.	NOT APPROVED	Upon review of the entity’s submission in relation to the dinner for sponsors, National Treasury found that there are no compelling grounds on which to grant the deviation.	25 February 2014
Department of Defence (DOD)	Engagement with consultants: The use of casual workers and laboratory services will be classified as outsourced services whilst the technicians for repairs of equipment will be classified as contractors for all minor and major assets	NOT APPROVED	In the DOD, consultants exclude for example casual workers, technicians for equipment repairs and the use of laboratory services that are classified as outsourced.	16 April 2014	All contracts relating to consultancy services procured by the DOD will be subject to the provisions contained in the National Treasury Instruction 01 of 2013/2014 paragraphs 4.1 to 4.5.
	Team Building and Social Events: Most of the social and year end functions are used to honour and recognise identified employees that have gone out of their way to ensure service delivery and perform well in their areas of work. It is good management practice that top management recognise high performers with a view to motivate others to do likewise.	NOT APPROVED	Treasury does not grant blanket approval for these kind of events	16 April 2014
	Uniqueness of the DOD: Officials of the Defence Intelligence and Special Forces Operation are officials employed within the establishment of the DOD and any expenditure related and incurred by the DOD on travel, accommodation, subsistence, catering and events of such officials shall be subject to the provisions of the Treasury Instruction.	NOT APPROVED	The Cabinet resolved in its discussion on 23 October 2013, that all PFMA compliant institutions must implement cost containment measures in their institutions to contain operational costs and to eliminate non-essential expenditure	16 April 2014
	Air Travel: The two (2) staff members of the Secretary for Defence and the CSANDF to travel business class for efficiency and security reasons.	NOT APPROVED	After careful consideration pertaining to the requests made for deviation, the National Treasury cannot grant blanket approvals for deviations of: Services and Divisional Chiefs to travel business class for flights less than five (5) hours.	16 April 2014
	Accommodation costs Exceed R1300	NOT APPROVED	The accounting officer of the DOD is allowed to approve amounts in excess of R1 300 in line with paragraph 4.16 of the Treasury Instruction	16 April 2014
	Vehicle hire: Application for foreign dignitaries on the class of vehicle that may be utilised for their official visits to South Africa.	APPROVED	To reiterate, the Treasury Instruction does not apply to foreign dignitaries hence there is no limitation on the class of vehicle that may be utilised for their official visits to South Africa, but it is expected that fiscal prudence is observed.	16 April 2014
State Security Agency	Team Building and Social Events The SSA was urged to ensure that paragraph 4.26 of the Treasury Instruction is implemented accordingly within the department in order to ensure compliance. Furthermore, it should be noted that wellness programmes do not form part of cost containment measures and should not be confused with the items listed above.	NOT APPROVED	SSA’s environment is necessary due to the nature of the business. Part of this is employee wellness and essential for the efficient functioning of teams performing and supporting intelligence and counterintelligence operations.
State Security Agency	Foreign Intelligence Services (FIS): Foreign Intelligence Services (FIS) are Intelligence Operatives from other countries that SSA liaise Intelligence Information with, e.g. the CIA.	DEVIATION NOT REQUIRED	These are considered foreign dignitaries and the Treasury Instruction on cost containment measures does not apply.	6 October 2014
	Accommodation Cost It is noted in your correspondence that the SSA has special operative work which requires officials of the SSA to stay in accommodations booked in line with their respective operative field of work.	APPROVED	The National Treasury after consideration of your request hereby grants the SSA to deviate from paragraph 4.15 of the Treasury Instruction provided that the domestic accommodation is approved by the accounting officer prior to the expenditure being incurred	6 October 2014
	Air Travel Request to not comply with cost containment measures	NOT APPROVED	After careful consideration of the SSA’s request to deviate from paragraph 4.17 of the treasury instruction the National Treasury found that there were no compelling reasons to grant a blanket approval as deviations can only be considered for approval on case by case basis.	6 October 2014
	Vehicle Hire Request to not comply with cost containment measures	NOT APPROVED	After careful consideration of the SSA’s request to deviate from paragraph 4.17 of the treasury instruction the National Treasury found that there were no compelling reasons to grant a blanket approval as deviations can only be considered for approval on case by case basis.	6 October 2014
Department of Defence	Team building (sponsored events)	NOT APPROVED	There are no compelling reasons.	20 October 2014	The aim for the request was to obtain National Treasury’s approval to utilise sponsorships in kind for the Inter Departmental Potjiekos event.
Department of Justice & Constitutional Development	Deviations From Cost Containment Measures Related To Judges	APPROVED	Given the constitutional independence of the courts, separate from the legislative and executive arms of the state, and specific laws regulating the appointment and conditions of service of judges and magistrates, it is clear that the members of the judiciary are not employees of the DoJ&CD. Therefore paragraphs 4.6 and 4.22 of the NT Instruction do not apply to the members of the judiciary and there is no need for a deviation.	30 January 2014
Department of Military Veterans (DMV)	Accommodation Cost	NOT APPROVED	After careful consideration and taking into account paragraph 4.16 of the National Treasury Instruction 01 of 2013/2014, the National Treasury has found that there were no compelling grounds on which to grant an exemption. The accounting officer of DMV is further advised to ensure that appropriate expenditure control measures are in place and the spirit of containing costs is prioritised within the department at all times.	4 February 2014	The DMV is experiencing problems with finding domestic hotel accommodation for a maximum amount of one thousand three hundred per night per person especially in the main cities such as Cape Town, Durban, Polokwane, Nelspruit etc. This is having a negative impact on service delivery in the DMV.
Mpumalanga Gambling Board	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures (Domestic Hotel Accommodation; Hiring of Vehicles and Entertainment allowances & Social functions)	NOT APPROVED	National Treasury reviewed and assessed the Department’s requests and found that there were no compelling grounds on which to grant any exemption.	18 February 2014.	Hotels around Mpumalanga at or below the rate of R1300 including dinner are generally not conducive for our board members because of safety issues, and other practical factors which have been raised by board members and board committee members Group ‘B’ cars are considered not adequately safe for trips to certain areas, and for long distance travel, the resultant health and safety risks created by use of substandard vehicles are unacceptable to the board. The nature of the MGB is such that the Executives are expected to host other stakeholders from time to time and in the normal course of business, therefore the R2000 limit is viewed as insufficient in certain instances. The MGB conducts wellness functions and sports days twice a year at least as a form of teambuilding initiatives. It has been a tradition and included as part of staff retention policies of this organization that annual yearend functions are observed.
Eastern Cape DoLGTA	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures(Domestic Hotel accommodation	NOT APPROVED	National Treasury reviewed and assessed the Department’s request and found that there were no compelling grounds on which to grant an exemption	02 October 2014	The MEC had appointed an external investigation team to internally investigate issues raised by a labour union in the department and the department was responsible for the accommodation thereof, the preferred place of accommodation was the East London Garden Court of which the cost was exceeding R1 300 limit.
Eastern Cape Social Development	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures(Domestic Hotel Accommodation	NOT APPROVED	National Treasury reviewed and assessed the Department’s request and found that there were no compelling grounds on which to grant an exemption	05 November 2014	Few challenges encountered by the department with regards to accommodation when trying to implement the NT instruction.
EC Provincial Treasury	Request for condonation of irregular expenditure incurred due to non-compliance with the national treasury instruction 01 of 2013/2014: cost containment measures – Accommodation(irregular expenditure amounting to R161 860.91)	NOT APPROVED	No other compelling reasons to condone the Irregular Expenditure	05 June 2015	There was value for money derived from the transaction.
EC Provincial Treasury	Request for condonation of irregular expenditure incurred due to non-compliance with the national treasury instruction 01 of 2013/2014: cost containment measures – Accommodation(irregular expenditure amounting to R279 896.30)	APPROVED	The entity was only aware of the instruction only after the orders were placed	05 June 2015	The entity was only aware of the instruction only after the orders were placed
EC Cooperatives Department and Traditional Affairs	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures - Hotel Accommodation and Hiring of Vehicles	NOT APPROVED	National Treasury reviewed and assessed the Department’s request and found that there were no compelling grounds on which to grant an exemption	11 August 2015	Rooms currently sourced at the limit rate of R1300 are not suitable for employees at level 15 and above. Group B rental cars not comfortable and affects effective participation by level 15 and above officials in crucial meetings.
Public Investment Corporation	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures - International and Specialised Consulting Services and Hiring of Vehicles	Approved in terms of section 79 of the PFMA	National Treasury granted the entity a departure from paragraph 4.2 of Treasury Instruction 1 of 2013/2014 as it relates to the remuneration of specialised and international consultants. Group C vehicles may only be hired when 3 or more persons are going to travel in the vehicle.	11 April 2014	Expenditure relates to the remuneration of specialised and international consultants. The Travel Policy of the PIC limits car hire to Group B for all employees and only provides for employees to hire Group C in instances where more than one person is going to travel in the vehicle. Group C vehicles may only be hired when 3 or more persons are going to travel in the vehicle.
Public Investment Corporation	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures - Hotel Accommodation; Travel and Subsistence and Expenses related to entertainment allowances and events.	NOT APPROVED	There were no compelling reasons on which to grant an exemption	11 April 2014	The entity has its only policy limiting the costs of accommodation to R2 000 per night. The entity claimed that business class provides flexibility and it is reliable and employees are able to work on arrival to their destinations. The entity claimed that the set allowance for entertainment is not sufficient for entertaining potential key or foreign clients and high level delegations.
South African Revenue Services (SARS)	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures–Accommodation, travel and related costs; Consultants’ and Employee’s travel and subsistence costs; Expenses related to catering and events; Team Building	NOT APPROVED	National Treasury could not grant a blanket departure	04 April 2014	SARS was of the view that the accommodation clause only apply to Time-Based Contracts and not Lump Sum(Firm Fixed Price) Contracts and no suitable accommodation for SARS officials; SARS wanted to accommodate disabled officials in selection of suitable cars to be used to travel for officials purposes; SARS was hoping NT can re-consider the impact of the removal of social functions, team building exercises and year-end functions on employee satisfaction.
South African Revenue Services (SARS)	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures - Fees/rates and related costs	APPROVED	The National Treasury noted that SARS operates in a highly specialised and competitive industry which is unregulated and also strives at all times to procure services of consultants through appropriate processes. After careful consideration, the National Treasury granted SARS a departure	04 April 2014	SARS operates in a highly specialised and competitive industry which is unregulated and also strives at all times to procure services of consultants through appropriate processes. SARS find it not always possible to find appropriate experts within the parameters of the Public Service remuneration scales.
Transnet	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures - Travel and Subsistence	NOT APPROVED	Blanket departures are not provided especially where there are financial implications. Such departures are only considered on a case by case basis after considering the motivations provided by the applicants.	16 May 2014	Transnet claimed that effectively the Business Class flight option as per their current Transnet travel policy would be the most cost effective for them.
Financial Intelligence Centre	Request for deviation, expenditure in excess of the maximum threshold for domestic hotel accomodation	NOT APPROVED	National Treasury did not find any compelling reasons to condone the irregular expenditure relating to expenditure in excess of the maximum threshold for domestic hotel accommodation of R1300	24 June 2015	Limited accommodation option
Financial Intelligence Centre	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures – accommodation	NOT APPROVED	National Treasury did not find any compelling reasons to condone the irregular expenditure relating to expenditure in excess of the maximum threshold for domestic hotel accommodation of R1300	16 April 2015	The cheapest accommodation was more than R1300
Financial Services Board	Request for deviation from the national treasury instruction 01 of 2013/2014: cost containment measures – accommodation	APPROVED		22 April 2015	It was impractical to book FSB delegates out of Sun City as delegates were required to arrive early at the conference and leave late and the roads outside Sun City can be dangerous.
Department of Science and Technology National Department	Request to deviate from paragraph 4.15 Domestic accommodation of R1300 per night.	NOT APPROVED	No compelling grounds on which to grant an exemption as R1300 is reasonable amount to pay for domestic accommodation.	12 March 2014
Inkomati Catchment Management Agency (ICMA) Schedule 3A entity	Request to deviate from paragraph 4.26 to arrange a team-building event.	NOT APPROVED	No compelling grounds on which to grant an exemption, advised to ensure appropriate expenditure management control measures are in place.	25 March 2014
National Research Foundation (NRF) Schedule 3A entity	Request for exemption from Treasury Regulation 31.2.5 in order to use multiple credit cards and travel lodge card per geographic location.	NOT APPROVED	No compelling grounds on which to grant an exemption as usage of alternative methods for payment will allow the entity to still meet its operational requirements.	28 November 2013	Operational requirements
National Urban Reconstruction and Housing Agency (NURCHA) Schedule 3A entity	Request to deviate from paragraph 4.26 to arrange a team-building event.	NOT APPROVED	No compelling grounds on which to grant an exemption, advised to ensure appropriate expenditure management control measures are in place.	18 November 2014
Free State Provincial Treasury	Request to deviate from paragraph 4.7 and 4.8 regarding air travel.	NOT APPROVED	No compelling grounds on which to grant an exemption.	03 August 2015
Free State Provincial Treasury	Request to deviate from paragraph 4.15 and 4.16 for Executive member VIP Protectors to exceed limit of R1300 domestic accommodation per night.	APPROVED	Executive Member VIP Protectors need to be in close proximity to their assigned Executive Member and to fulfil their duties cannot be in different accommodation to the Executive member	10 December 2014
Department of Trade and Industry	Delegation of any deviation from paragraph 4.6 of the Treasury Instruction No 1 of 2013/2014 to the Director-General of the Department of Mineral Resources (to approve business class travel)	NOT APPROVED	The National Treasury does not grant blanket approvals for institutions to deviate from cost containment measures as this process has to be done on a case by case basis. It is also worthy to note that approvals for deviations in terms of section 79 of the PFMA cannot be sub-delegated to any other functionary unless directed otherwise by the Minister in terms of section 10 of the PFMA.	04 September 2014
Department of Transport (ACSA and ATNS)	Deviation from the rates that were prescribed in paragraph 4.2 of the National Treasury Instruction 01 of 2013/2014.	NOT APPROVED	DoT requires the services of an accounting firm. DoT should consider another organ of state like the Council for Scientific and Industrial Research (CSIR) to provide the required service?, If no other organ of state can provide the required service, then DoT can proceed to acquire the services of an appropriate service provider in line with relevant supply chain management prescripts and taking into account the paragraph 4.2 of the National Treasury Instruction 1 of 2013/2014.	10 March 2014
Department of Trade and Industry	Deviation from the amount of R1300 per night for domestic accommodation in paragraph 4.15 of the National Treasury Instruction 01 of 2013/2014.	NOT APPROVED	The contents of Treasury Instruction No.1 of 2013/2014 on Cost Containment Measures was consulted extensively with Cabinet, the Minister’s Committee on the Budget and with the Director-General of The Presidency, all who agreed that R1300 was a reasonable amount to pay for domestic accommodation.	12 February 2014
Department of Energy	Approval to deviate from the following paragraphs: Paragraph 4.6 and 4.7 as there are persons with special needs in the department.	NO DEVIATION REQUIRED	Paragraph 4.9 of the Treasury Instruction provides for the accounting officer to approve the purchase of business class tickets for employees with disabilities or for those with special needs. Deviation is therefore not required in this instance.	6 March 2014
	Paragraph 4.8 as there are circumstances when the Minister/Deputy Minister or the DG needs to be accompanied by officials who do not qualify as per this paragraph.	APPROVED	Business class tickets may be purchased for the Minister, Deputy Minister, the Director-General and any advisor to the Minister appointed in terms of section 12A of the Public Service Act, 1994.
	Paragraph 4.15 as the department finds it extremely difficult to obtain accommodation at the rate of R1 300 per night per person (including dinner, breakfast and parking).	NOT APPROVED	The contents of Treasury Instruction No.1 of 2013/2014 on Cost Containment Measures was consulted extensively with Cabinet, the Minister’s Committee on the Budget and with the Director-General of The Presidency, all who agreed that R1300 was a reasonable amount to pay for domestic accommodation.
Independent Communications Authority of South Africa (ICASA) Constitutional Institution	Request to deviate from paragraph 4.26 to arrange a team-building event.	NOT APPROVED	No compelling grounds on which to grant an exemption, advised to ensure appropriate expenditure management control measures are in place.	11 December 2014	Operational requirements
North West Provincial Treasury	Accommodation cost: The accounting officer to approve amounts in excess of R 1300 in line with paragraph 3(a) and 3(b) of Treasury Instruction. To allow delegates to sleep at the same venue where the organised event is hosted.	NOT APPROVED	The National Treasury found no compelling reasons to grant a blanket approval of a higher limit of R 1800 for urban businesses that are not registered in the rural Supply Chain Management data base. The cost containment does not prohibit the use of accommodation in the same venue where there is a conference or other non-specifies event provided that the department has complied with the supply chain management and cost containment measures.	09 December 2014	NW wanted to have two different accommodation limits for rural as opposed to city hotels. They wanted a higher rate of R1800 for city hotels. To support the organised central venue for accommodation ad also be allowed to meet the expected cost charged by the supplier
North West Provincial Treasury	Approval for the Head of Department to reside in the same hotel as Executive Authority as a Private Member of stuff in terms of chapter 8, paragraph 1.1.1 & 1.1.2 of the Ministerial handbook.	NOT APPROVED	The National Treasury found no compelling reason to grant a blanket approval for the Head of Department to reside in the same hotel as the Executive authority and it is worthy to mention that the Head of Department does not fall within the category of private stuff member for the Executive authority.	09 December 2014	They wanted accomplice staff to the Executive authority including the Head of Departments not to be restricted by the Cost containment measures in this regard.

Reply:

According to the response received from NLC:

1. The organisation’s name is Child Welfare South Africa Edenvale. They applied under the Early Childhood Development Infrastructure targeted call which opened on 14 December 2014 and closed on 13 February 2015. This being a focused call towards providing suitable accommodation for the advancement of Early Childhood Development through either a building or container. The application from the organisation unfortunately only applied for operational cost. Furthermore the objectives of the organisation are not focusing on early childhood development as outlined in the call and this is why the application was declined.

Please see paragraph 13, page 5 of the “Charities sector targeted call 2014 guidelines and information required” attached hereto as annexure A for the objectives of the call.

1. (a) The organisation was last approved for funding on 13 June 2013 and paid on 28 November 2013.

(b) The amount allocated was R308,000.00 (Three hundred and Eight Thousand Rands). This was towards operations with a large portion of the allocation awarded for salaries.

 

Reply:

The reasons to decline the request from the South African Police Service (SAPS) were communicated to the SAPS. Therefore, the Honourable Member is advised to engage with the Minister of Police and SAPS on this matter.

Reply:

As I have stated previously, I have set up a Ministerial Task Team made up of senior officials from the Department, SASSA, Black SASH and community organizations to look into this matter of illegal or unauthorised deductions and to recommend possible remedial actions, some of which we are currently implementing.

When I received the Honourable Member’s correspondence on this issue, I accordingly advised that we join our efforts by working jointly with the Task Team in order to avoid unnecessary duplication. This would have enabled the Honourable Member to familiarize himself with the work of the Task Team and the various measures we are currently implementing to address this matter. An impression created through sensational and misleading media articles that I don’t take this matter seriously is very unfortunate, especially from the Honourable Member who knows that we have been constantly briefing the Portfolio Committee about various measures we are implementing in this regard.

Unfortunately, the Honourable Member chose to conveniently hijack this serious matter in order to score cheap and warranted political points by publishing false media articles about how the Department and Government as a whole is handling this matter. This is an act of extreme political desperation for a political party that does not have a political agenda.

I take this matter seriously and I have instructed both the Department and SASSA to take necessary legislative measures to swiftly clamp down on illegal and fraudulent deductions.

Reply:

Please refer to my reply to question 3797 on this matter.

Reply:

1) (a) M Kalawe         R4 552 981.00

(b) W Meyer           R3 661 080.00

2) (a)(b) The CEO and the CFO are permanent full time employees of the company. They are also executive Directors which mean they are compensated to ensure execution of strategy and business imperatives. Their remuneration is based on a Total Cost of Earnings principle on their remuneration base at the time of negotiating appointment offers, industry/ market factors, and the ability of SAA to attract candidates for these executive positions. Annual increases are based on performance.

(i)(ii) The Chairperson and Non-Executive Directors are rewarded Director Fees in accordance with market practice and benchmarking against fees for Non-Executive Directors of the Board. Fees paid are determined on the basis of either an annual retainer fee or as per meeting fee.  The quantum of the fee established is based on the number of board meetings attended as well as the number of board sub-committees that they serve on.

Reply:

Please refer to my reply to question 3797 on this matter.

Reply:

Please refer to my reply to question 3797 on this matter.

Reply:

1. (a) Government borrows money to finance the main budget balance and maturing debt. Government will only be able to pay down its existing stock of debt once it runs substantial budget surpluses over an extended period. Over the period under review budget deficit realised and government was therefore not in a position to repay maturing debt. As a result, over the period 31 August 2014 to 31 August 2015 the maturing debt of R38.4 billion was refinanced through issuing new debt instruments.

(b) As published in the 2015 MTBPS the ratio of government debt to GDP continues to stabilize. Revenue growth will continue to outpace spending growth, narrowing the budget deficit from 3.8 per cent in 2015/16 to 3.0 per cent in 2018/19. Over this period government will restore the primary balance ensuring a sustainable fiscal path resulting in lowering the rate of growth in the stock of debt.

1. (aa) NA

(bb) NA

(ii) NA

2. The 2015 Budget and 2015 MTBPS are aimed at ensuring long-term fiscal sustainability, which is a defining feature of intergenerational equity.

As stated in the 2015 Budget there is a long-term (or structural) imbalance between revenue and expenditure. This imbalance is being addressed by the increase in taxes which was implemented in 2015/16 and the reduction in the rate of expenditure growth. The bulk of the slowdown in spending growth has been targeted at government consumption. Government proposed a long-term fiscal guideline which aligns spending limits in the outer year of the MTEF with the long-term path of GDP growth.

The budget also aims to change the composition of spending, in order to ensure that government debt is used to fund expenditures with a long-term impact. Despite higher wage bill projections, government’s current balance will move into surplus over the medium term. Over the same period the capital financing requirement will remain broadly unchanged at about 3.8 per cent of GDP, financed in part by the current surplus. Achieving current surpluses over the medium-term suggests that government will borrow to finance capital and not current expenditure. The downward revision to GDP, shortfalls in revenue and the weaker exchange rate have led to an upward revision of the debt-to-GDP ratio. However, the debt-ratio trend stabilises in the years ahead as a result of continued restraint in expenditure growth and improvements in the budget balance.

Reply:

(a) According to statistics obtained, participating government institutions have spent an estimated amount of R179 675 926 between 2010 and 2015 on this contract. Of which R120 120 892 was spent during 2010-2012 contract cycle and R59 555 033 was spent during 2013-2015 contract cycle.

(b) To break this information down per department per year is a challenge as some departments enter comprehensive cleaning contracts that include the supply of toilet paper.

Reply:

Please refer to my reply to question 3797 on this matter.

Reply:

I have taken legal advice that this matter is before the Gauteng High Court (case 21904/2015) and therefore will await the outcome of this case.

Reply:

(1) There are two categories of duplicate cases, namely where one person

has multiple identity numbers and multiple persons sharing one identity

number.

(1)(a) The total number of cases that were reported in 2011 in each category

were ( opening balances ):

• one person with multiple identity numbers : 460 000
• multiple persons sharing one identity number : 49 233

(1)(b) The total number of cases that were reported in 2012 in each category

were ( opening balances ):

• one person with multiple identity numbers : 100 701
• multiple persons sharing one identity number : 38 318

(1)(c) The total number of cases that were reported in 2013 in each category

were ( opening balances ):

• one person with multiple identity numbers : 65 523
• multiple persons sharing one identity number : 27 639

(1)(d) The total number of cases that were reported in 2014 in each category

were ( opening balances ):

• one person with multiple identity numbers : 13 349
• multiple persons sharing one identity number : 12 420

(1)(e) The total number of cases that were reported since 1 January 2015 to

date in each category were ( opening balances ):

• one person with multiple identity numbers : 3 609
• multiple persons sharing one identity number : 9 908

(2) The total number of the specified cases which have been resolved in

each category are as follows :-

one person with multiple identity numbers : 558 853

multiple persons sharing one identity number : 40 494

(3)(a) The number of cases which are still pending resolution in each

category are:

• one person with multiple identity numbers : 12 464
• multiple persons sharing one identity number : 8 739

(3)(b) The causes of delays in resolving cases are:

 

• Clients not lodging applications in offices.

• Delays by clients in submitting the required supporting documents;

• Non-submission of supporting documents in cases of identity numbers that were acquired fraudulently ;

• Complexity of cases results in time-consuming investigations.

(4)(a) The reasons identified for the duplication of identity numbers have

been identified as:

• Mis-identification of fingerprints during the previous manual verification process;

 

• The swapping of fingerprints;

• The theft of birth certificates for children who have not yet applied for an identity document.

(4)(b) The measures put in place by the Department to prevent the

duplication of identity numbers in the future are:

• The introduction of HANIS (Home Affairs National Information System) in 2007 to digitise all good quality manual fingerprint records;

 

• The introduction of the live capture system where clients’ fingerprints are captured live ;

• The introduction of unabridged birth certificates where both parents are linked;

• Registration of birth at an early stage i.e. within 30 Days.

Reply:

1. The Minister (a) and officials (b) of the Department of Telecommunications and Postal Services (DTPS) have met frequently with the SAPO Management and Board. Discussions were mainly to facilitate the implementation of the Strategic Turnaround Plan (STP). These included discussions on financial challenges and how to assist SAPO in addressing challenges at hand. As a result of these engagements, the Department facilitated financial requests to the National Treasury and also participated in SAPO's negotiations with the commercial banks on the borrowing requirements.

(2)(a) SAPO's Strategic Turnaround Plan (STP) has been developed and approved by Cabinet. Its effective implementation requires effective leadership and funding. As part of supporting SAPO's turnaround, the Department has recognised the need to stabilise SAPO's leadership. The Board was appointed in August 2015 and the appointment of the Group CEO and COO are also being fast tracked.  To-date there has been more focus on the implementation of cost cutting initiatives. There is currently a need to implement revenue generation initiatives and these require funding. It is envisaged that effective implementation of the STP will enable the entity to be economically viable.  Furthermore, the Department facilitated and opened doors for SAPO's engagements with the National Government Departments in order to encourage them to utilise SAPO's services as part of Government supporting the entity's turnaround.  To-date meetings were held with 21 Government Departments and the DTPS led all the initial engagements. The Department also facilitated SAPO's engagements with the National Treasury on the need to effect Cabinet Lekgotla's decision to ensure that over 30 percent of Government business is given to SAPO. We are awaiting the relevant Instruction Notice to be issued to give effect to this Cabinet decision.

(2)(b) No. There has been no decision to put SAPO on business rescue yet. However, some of its subsidiaries may be considered, if necessary.

(3) No. There has been no such consideration by Government.

 

Reply:

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

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

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

Reply:

 

Entity	Person in question	(a)	(b)	(b)(i)	(b)(ii)	(b)(iii)	(c)(i)	(c)(ii)
National Regulator for Compulsory Specifications (NRCS)	Mr Asogan Moodley	None	Not Applicable	Not Applicable	Not Applicable	Not Applicable	Not Applicable	Not Applicable

Reply:

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

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

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

Reply:

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

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

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

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

Reply:

Since the advent of our democracy, our country has placed the fight against corruption high on its agenda.

This has continued throughout the administrations including the current fifth administration.

The South African Anti-Corruption landscape was set by the drafting of the government’s anti-corruption framework in 2001. The country committed to align itself with international best practice, and established a sound anti-corruption and ethics framework, inclusive of strong policies and legislative measures.

In this regard a plethora of measures have since been adopted to eradicate corruption. We have however not become complacent and are further strengthening these measures in line with our commitments in the National Development Plan and the Medium Term Strategic Framework to ensure that we -

• Have a resilient anti-corruption system, which includes the strengthening the multi-agency anti-corruption endeavours, strengthening the protection of whistle-blowers, ensuring greater central oversight over the awarding of large tenders or tenders of long duration as well as empowering the tender compliance monitoring office to investigate corruption and guaranteeing that there is the value for money regarding procured goods and services;
• strengthen the accountability and responsibility of public servants;
• create a transparent and responsive public service; and
• strengthen judicial governance and the rule of law.

It is actually because government has dedicated a lot of effort to combating corruption, both in the public and the private sector, that corruption has occupied a priority space in public dialogue.

South Africa also has a well-developed legal framework for fighting corruption. The Prevention and Combating of Corruption Act, 2004, is one of the most important pieces of legislation enacted by Parliament to fight corruption in the country.

The Anti-Corruption Task Team under the leadership of the Anti-Corruption Inter-Ministerial Committee is playing a very important role in driving the government strategy to fight corruption.

A wide range of anti-corruption agencies are given powers in terms of the different legislation to fight corruption in the country. These agencies, amongst others, include, the Special Investigating Unit, the Auditor-General, the Public Protector , the Public Service Commission, the South African Police Service and the National Prosecuting Authority.

Other measures strengthening the anti-corruption work of government include the following;

• The Public Service Special Anti-Corruption Unit, which was established to enhance and consolidate the fight against corruption in the public service and the work done within the Department of Public Service and Administration, established to fast-track the processing of the disciplinary cases within the public service and to curb corruption.
• The work done by the Directorate Priority Crime Investigation (the Hawks).
• The Special Investigation Unit (SIU), which was established by law as an independent statutory body that fights corruption through investigations and litigation, and which is currently processing several proclamations from the President directing it to probe maladministration and corruption within the public service.
• The Asset Forfeiture Unit (AFU), within the National Prosecuting Authority, which is tasked to seize assets of people involved in crime or corruption
• The NPA’s Specialised Commercial Crimes Unit and the various SCC regional courts, which have been prioritising corruption cases, and
• The Multi-Agency Working Group which was set up by the Minister of Finance to coordinate and investigate corruption related to supply chain management practices.

The fight against corruption is a continuous and dynamic process. As new manifestations of corruption are revealed, gaps in the existing approach, strategies, interventions and application of existing legislation and policies are identified for strengthening and review.

Reply:

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

Reply:

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

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

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

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

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

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

Reply:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reply:

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

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

2. Yes.

3. (a) None.

(b) Falls away.

 

 

Reply:

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

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

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

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

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

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

Reply:

Department of Transport

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

(aa) 2012/13 financial year – None

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

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

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

(aa) her department

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

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

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

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

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

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

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

Airports South Africa SOC Limited (ACSA)

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

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

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

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

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

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

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

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

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

Conclusion of disciplinary action during the requested review period

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

• Dismissed
• Acquitted
• Final written warning

South African Civil Aviation Authority (SACAA)

1. (i) N/A

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

(aa) None for 2012/13,

(bb) None for 2013/14; and

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

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

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

South African National Roads Agency Limited (SANRAL)

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

Road Accident Fund (RAF)

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

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

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

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

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

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

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

Roads Traffic Management Corporation (RTMC)

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

cc) The employee was suspended on 11 June 2015

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

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

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

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

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

Road Traffic Infringement Agency (RTIA)

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

(i)(bb) R 261 541.15

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

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

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

Cross Border Road Transport Agency Limited (CBRTA)

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

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

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

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

Ports Regulator South Africa (PRSA)

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

South African Maritime Safety Authority (SAMSA)

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

Air Traffic & Navigation Services SOC Limited (ATNS)

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

Railway Safety Regulator (RSR)

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

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

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

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

Reply:

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

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

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

Reply:

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

Reply:

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

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

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

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

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

Reply:

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

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

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

Reply:

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

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

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

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

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

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

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

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

Reply:

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

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

Reply:

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

If not, why?

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

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

Reply:

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

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

 

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

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

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

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

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

Reply:

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

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

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

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

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

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

Reply:

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

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

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

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

 

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3818 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

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

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

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

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

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

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

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

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

3. (a) Reasons for own office accommodation

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

Reasons for relocation to Stutterheim

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

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

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

(b) Possible Funding for office accommodation

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

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

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

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

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

1. BACKGROUND

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

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

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

1. DISCUSSION

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

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

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

MINISTRY

COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

REPUBLIC OF SOUTH AFRICA

NATIONAL ASSEMBLY

QUESTIONS FOR ORAL REPLY

QUESTION NUMBER 2015/3456

DATE OF PUBLICATION: XXXX 2015

Herewith a reply recommended by: Recommended by

MR NTANDAZO VIMBA DR SEAN PHILLIPSS

Executive Manager: Legal Services CHIEF EXECUTIVE OFFICER

Date: DATE:

RECOMMENDED / NOT RECOMMENDED

MR V MADONSELA

DIRECTOR-GENERAL

Date:

SUPPORT / NOT SUPPORTED

MR A NEL, MP

DEPUTY MINISTER

Date:

APPROVED / NOT APPROVED

MR PRAVIN GORDHAN, MP

MINISTER

Date:

__________________________________________________________________________________________

R O U T E F O R M

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

DOCUMENT CLASSIFICATION
URGENT	x	IMPORTANT		NORMAL

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

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

INSTRUCTIONS / NOTES

THE MINISTER

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

Reply:

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

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

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

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

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

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

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

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3850 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

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

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

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

Reply:

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

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

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

Reply:

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

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

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

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

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

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

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

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3817 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

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

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3779 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

Compiler/contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3849 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

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

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE: