Questions and Replies

Reply:

(1)(a) In 2010

(1)(b) It emanates from a resolution of the International Telecommunications Union that was taken in 2009 and the Department of Telecommunications and Postal Services (DTPS) responded as a Member State of the ITU by developing the Child Online Protection Programme that was developed in 2010.

(2)(a) Consultation workshops took place in all provinces on the Children Strategy which included the Online Protection Programme.

(2)(b) Children’s Rights Organisations; Children’s Organisations that work in the ICT Sector; State-Owned Companies, Department of Basic Education, Department of Social Development, National Prosecuting Authority, South African Police Service, the former Ministry for Women, Children and People with Disabilities; and International Bodies such as Unicef and the ITU.

(2)(c) During the financial years 2010/2011 and 2011/12.

(2)(d) Limpopo, Mpumalanga, Kwa-Zulu Natal (KZN), Free State Province, North West Province, Gauteng, Northern Cape Province and the Eastern Cape Province.

(3) No, but an advertisement ran on national television and radio. Further, a Webpage was set up for the programme;

(4)(a) On 19 August 2015 in KZN as part of the launch of the Children and ICT Strategy;

(4)(b) The DTPS and Non-Profit Organisations namely; Resources Aimed at Prevention of Child Abuse and Neglect; Centre for Justice and Crime Prevention; Childline South Africa, Disabled Children’s Action Group (DICAG); and the Film and Publication Board.

 

(4)(b)(i) Through School-based Awareness Workshops and in this regard we have conducted (5) five workshops in the Eastern Cape, KZN, Western Cape, and North West Province.

(4)(b)(ii) Evaluation workshops are conducted with the schools where the programme is implemented and in this regard we have done one evaluation workshop in KZN this year.

Reply:

(a). Yes, my department, as part of the broad programme of government to build a united, non-racial, non-sexist, democratic and prosperous country, we are taking steps to ensure that more resources are being ploughed into the uptake of sign language training, by promoting, and creating conditions for the development of South African Sign Language (SASL) through funding and training projects that focus on the development and use of SASL.The department is also awarding language bursaries to Universities which are offering the training of the South African Sign Language as one of their courses.

(b). By funding training projects and awarding language bursaries we create a pool of professional sign language interpreters. Through sign language interpreters, communities are able to communicate with deaf people at a societal level.

Reply:

Yes ,the Director –General signed on 01 April to March 2015.

 

Reply:

Not applicable.

 

 

________________________

Approved by the Minister on

Date………………………..

Reply:

(1)(a) Intervention put in place are SA Connect a programme of government to connect 100% of the country to the internet.

(b)(i) Planned interventions are Broadband Infrastructure rollout, E-strategy, internet strategy and USAASA interventions, ICT Policy review

(ii) Broadband rollout to 8 district municipalities including associated digital opportunity programmes.

(2)(a) Yes. Through USAASA, there will be an initiative to subsidise schools, public access points and people in underserved areas.

(b) Yes, in areas where it is not economically viable for operators.

(c)(i-ii) No. The Department does not have plans to subsidise mobile data providers’ prices. The department will pursue policy interventions for the reduction of voice and data costs.

Reply:

Government officials are expected to travel between Gauteng and the Western Cape to carry out official duties, including ministerial and department support to the Executive who carry out parliamentary duties according the Parliamentary Programme. Costs incurred by Government Officials are readily made available in Annual Reports which will be tabled in Parliament.

Reply:

The response below is based on information received from the Maruleng Local Municipality:

(1) Yes, the municipal manager of Maruleng Local Municipality in Limpopo was suspended at a special council meeting held on 5 August 2015.

(a) Misconduct
(b) Yes, the Council meeting was legally constituted.
(2) (a) Five (5) special council meetings have been held by the Maruleng Local Municipality since 1 January 2015.

(b) (i)
• 25 January 2015: The acting allowance for the Chief Traffic Officer, the acting allowance for the Director: Corporate Services, the suspension of employees and the informal settlement upgrading by Housing Development.

• 9 February 2015: Approval of adjustment budget.

• 29 May 2015: 2015/16 budget approval.

• 23 July 2015: Notice of suspension of the municipal manager.

• 5 August 2015: Suspension of the municipal manager.

(ii) Invitations were issued.

(3) Yes, the agenda for each specified meeting was circulated

Reply:

(I) The response to no. I (a) (i) (i i) (aa) (bb) (cc) (b) (i) (i i) (iii) is attached on the excel spreadsheet as an annexure.

(2) In respect of each province, what percentage of (a) male and (b) female learners (i) repeated Grade 10

Attached find here: Table 1: Percentage of learners repeating Grade 10 in ordinary schools, by province, 2010-2014

Reply:

The Minister of Public Works

The State’s immovable asset portfolio consists of 99 249 buildings and other immovable assets nationally. It is not possible to inspect all the buildings on a regular basis with the current capacity of people, processes and systems. This has led to the Department’s current approach of prioritising the inspections of occupied buildings only.

Currently, the Department has 33 Officials in all eleven regions that are responsible for inspections of all properties, owned and leased. In addition, the Department employs lease Portfolio Managers in the 11 regional offices, ranging from a minimum of 5 per region to 12 per region, who are also required to regularly inspect buildings which form part of their portfolio.

In the 2014/15 financial year, 2 668 building inspections were conducted and 681 inspections have been conducted in quarter one of the current year 2015/16.

As part of the Turnaround Plan Phase 2 - Efficiency Enhancement - the business processes, systems and Departmental structure are being updated as part of the revision of the operating model. In the revised PMTE Business Processes, which are currently in draft, and upon National Treasury’s approval of funds, this responsibility will rest with area based portfolio managers, thus increasing visibility and access to buildings nationwide.

The roll out of Building Management Systems in 11 State-owned buildings over the MTEF period will also contribute largely to the better monitoring and management of State-owned facilities.

The Department also plans to re-open numerous Facilities Management Workshops nationally in order to ensure rapid responses to maintenance requirements.

The above mentioned initiatives along with various other planned interventions by the PMTE will ensure that the State’s immovable asset portfolio is well maintained and suitable for occupation.

____________________________________________________________________

 

Reply:

I have been advised by the Department as follows:-

(1) (a) The implementing agency will lead and coordinate State-Owned Companies in the rollout of broadband infrastructure in the identified areas to facilitate government connectivity.

(b) The Department is following the relevant treasury regulation and supply chain management processes.

(c) Cabinet; the Economic Sectors, Employment and Infrastructure Development (ESEID) Cluster; and State Information Technology Agency (SITA) will be consulted.

(d) The appointment will be made once due process has been followed and Cabinet, National Treasury and the Auditor General have been informed.

(e) The agency will not incur any cost for the Department. The operational expenditure of the agency over the MTEF will not be attributed to the Department.

Reply:

(a) (i) According to Stats SA, in 2011 condition data was only available for 64% of the metropolitan roads network, and 80% of paved roads and 12% of gravel metropolitan roads were in a fairly good condition. Outside of the metropolitan areas, the Department of Transport indicates that road condition data is only available for approximately 4% of the municipal roads. In 2014 the South African National Roads Agency estimated the extent of the municipal roads network to be approximately 250 000 km. It estimated that R32 billion would be required to rehabilitate paved municipal roads and to re-gravel municipal roads. The cost of paving all the unpaved municipal roads is not known.

(ii) According to research carried out by the Department of Water and Sanitation, of the 1622 water supply schemes under municipal management, 9% are dysfunctional and 48% require urgent refurbishment and improved maintenance. According to the DWS 2013 Strategic Overview of the Water Sector in SA, 64% of Municipal Waste Water Treatment Works required urgent refurbishment and improved maintenance. The Department of Water and Sanitation has estimated the required national intervention cost of the backlog of municipal water infrastructure, excluding the metropolitan municipalities, to be R79 billion. The Department of Water and Sanitation has estimated the value of the backlog of sanitation infrastructure, excluding the metropolitan municipalities, to be in the order of R50 billion. Both include backlogs of a capital nature and backlogs of maintenance.

(b) The total Municipal Infrastructure Grant allocation for 2015/16 is R15 billion. This is for capital and refurbishment projects only. Municipalities are expected to fund maintenance from their own revenue and their equitable share allocation.

Reply:

 

1. The Department has not as yet specifically interacted with the ICT Companies about employee retrenchments. The Department intends to hold consultations during the 3rd and 4th quarters to address the issues affecting employment in the sector.
2. The Department will communicate the format and objectives of the interactions once held. Outcomes will also be communicated.

Reply:

I have been advised by Sentech as follows:-

No, Sentech has not called tenders for equipment upgrade to the value of R185 million.

(a) Not applicable

(b) Not Applicable

(c) Not Applicable

Reply:

1.a, (i) (ii) Red tape refers to the hindrance caused to service delivery by bureaucratic processes within Government.

(b) (i)(II) An example of an intervention to mitigate effect of red tape is: Payment to SMMEs within 30 days as required by the Presidency and the department of Small Business Development. The DOD has a fast track process (to counter) red tape and to make sure that the SMMEs are paid within 30 days after invoicing. This is done with an understanding of the impact on the SMMEs if payments are delayed.

Reply:

Government has adopted a multi-sectoral approach to addressing Gender based violence which includes the department as well as the Justice Crime Prevention and Security cluster departments under the leadership of the Department of Social Development. This multi-sectoral approach takes into account existing policies, strategic plans, relevant legislation and is focused on implementation of the Integrated Program of Action on Violence Against Women.

The government has also established an Inter-Ministerial Committee on Gender Based Violence which takes into account violence against all women and children regardless of their sexual orientation and geographic location. The government Programme of Action on Violence against women and children requires that communities are engaged which would be in urban, peri-urban as well as rural area.

 

________________________

Approved by the Minister on

Date………………………..

Reply:

I have been advised the Department as follows:-

(a)(i) Mr. Kefilwe Madingoane heads the Department’s South Africa Connect project office

(b) The project office comprises of eighteen (18) full time departmental staff members.

(c) Their roles include:

• Broadband infrastructure gap analysis using Geographic Information Systems (GIS) tools

• High-level broadband technical planning to determine appropriate technology options and to develop the technical specification

• Stakeholder engagement at a National Government level to ensure coordination of the rollout plan with the requirements of the line Departments

• Stakeholder engagement at Provincial and Local Government level to ensure that there is coordination between the rollout programme and the readiness of the targeted facilities. Also to assist Provincial Governments with setting up appropriate provincial broadband steering committees to drive the rollout programme at the provincial and local government level.

• Development of relevant business cases to secure funding for the rollout of broadband initiatives.

• Coordination with stakeholders such as State-Owned Companies and the private sector to ensure alignment with public and private sector initiatives.

(d) The budgeted cost for the office over the Medium Term Expenditure Framework is as shown below. The budget includes broadband rollout, remuneration, goods and service and professional services.

Financial Year (over MTEF)	Budget:R’000
2015/16	R 227,150
2016/17	R 380,181
2017/18	R 390,361

(e)(i)(ii)(iii) The mandate is to execute on the four (4) strategies of the SA Connect Policy. The deliverable target is to achieve 100% broadband penetration by 2020 as per Outcome 6 of Medium Term Strategic Framework.

 

Reply:

I have been advised by SITA as follows:-

(a-d) No, SITA did not play a role in planning or implementation of the City of Johannesburg, City of Tshwane, City of Pietermaritzburg and the City of Cape Town broadband projects.

Reply:

South African Civil Aviation Authority (SACAA)

1. (a)The South African Civil Aviation Authority conducted inspections at the SA Flying Training Academy in terms of two Air Operating Certificates (AOC) namely the Flight Operations Part 141 (Aviation Training Organisation) as well as the Aviation Maintenance Organisation (AMO) that maintains the fleet of the Part 141 Operations. The audits were conducted in (i) 2010 (ii) 2011 (iii) 2012 (iv) 2013 and (v) 2014. (b) listed below are a summary of the findings per year. (c) All Audit findings are signed off by an Airworthiness Review panel prior to any approval being granted.  

   (i) In 2010 the following audits were carried out:

  In the Flight Operations Part 141 unit - one (1) audit was conducted with no findings.

In the Airworthiness General Aircraft (AMO) unit - a total of six (6) audits were conducted which included a Surveillance audit; Amendment audit and Renewal audits, (b) a total of 27 findings were identified which comprised a lack of documentation, shortage of personnel and tools. Two (2) follow up inspections were called for by the Review board.

(ii) In 2011 the following audits were carried out:

In the Flight Operations Part 141 unit – one audit was conducted with no findings.

In the Airworthiness General Aircraft (AMO) unit - a total of 17 audits and inspections were conducted including Surveillance audits; Amendment audits, Renewal audits and Aircraft Inspections, (b) a total of 34 findings were identified. The type of findings included lack of documentation, shortage of personnel and tools as well as not closing previous audit findings. On Aircraft inspections it was found that defects were not being logged or repaired.

(iii) In 2012 the following audits were carried out:

In the Flight Operations Part 141 unit – two (2) audits were conducted and two (2) findings relating to lack of management and quality control.

In the Airworthiness General Aircraft unit - a total of seven (7) audits were conducted including Surveillance audits; Amendment audits, Renewal audits and Aircraft Inspections, (b) a total of 15 findings were identified. The type of findings identified included a lack of documentation and publications, shortage of personnel and tools as well as not closing previous audit findings. On Aircraft inspections it was found that defects were not being logged or repaired. Maintenance was not recorded correctly.

(iv)  In 2013 the following audits were carried out:

In the Flight Operations Part 141 unit - a total of 2 audits were conducted and seven (7) findings were identified including lack of management, documentation, publication and quality control.

In the Airworthiness General Aircraft unit – a total of six (6) audits including Surveillance audits, Amendment audits, Renewal audits and Aircraft Inspections, (b) a total of 21 findings were identified including lack of documentation, shortage of personnel and tools as well as not closing previous audit findings. On Aircraft inspections it was found that defects were not being logged or repaired. Maintenance was not recorded correctly.

(v) In 2014 The following audits were carried out:

In the Flight Operations Part 141 unit - a total of 1 audit was and 0 findings were recorded.

In the Airworthiness General Aircraft unit – a total of five (5) audits were conducted including Surveillance audits; Amendment audits, Renewal audits and Aircraft Inspections audits, (b) a total of 22 findings were identified including a lack of documentation and publications, shortage of personnel and tools as well as not closing previous audit findings. On Aircraft inspections it was found that defects were not being logged or repaired. Maintenance was not recorded correctly and a serious finding of an incorrect engine fitted to an aircraft. These can also be linked to Quality and Management control.

in cases where problems were identified by the CAA, (a) what recommendations were made to remedy the problems, (b) what records are there that the problems were indeed remedied, (c) who signed off on the reports of the problems and (d) what remedial action was taken?

(2) In cases where problems were identified by the SACAA, (a) the SACAA does not make recommendations but the following process ensues after an audit where findings are identified: the Civil Aviation Regulations requires that the operator submits a Corrective Action Plan (CAP) that outlines how and when the operator will close the identified findings. Should the SACAA be satisfied that the CAP addresses all deficiencies, they allow the operator to continue with closing the findings. If the findings are major the SACAA will schedule an ad hoc inspection to verify if the findings are closed however if the findings are regarded as minor then the SACAA will verify if they were addressed in their following annual audit. In the case of the Flight Operations Part 141 operations SAFTA didn’t present with any major findings and therefore no further action was taken. In 2010 when the AMO started up the lack of personnel was identified and follow up audits were conducted to ensure that the maintenance could be conducted on the SAFTA fleet. Throughout its existence, the same personnel shortage was noted and after each of these remedial plans were put into place to employ or contract more personnel. These contracts unfortunately didn’t last very long and the AMO suffered from a high staff turnover. In one particular case the QA manager was replaced three times in a period of 6 months. Currently they have only one certifying engineer left. In January 2015 a combined Flight Operations and Airworthiness in-depth surveillance was conducted at the facility. Seven (7) major findings and nine (9) findings were identified, which include process control and maintenance records, management responsibility and quality control, publications and documentation availability and utilisation, lack of defect rectification on aircraft. As with every audit a corrective action plan was submitted by the client to the SACAA. This action plan was found to be satisfactory in addressing identified findings.

In July 2015 surveillance was conducted on SAFTA following numerous Mandatory Occurrence Reports (MOR). During this surveillance 11 major findings and 2 findings were identified in the AMO of the SAFTA operations. These findings were similar in nature to those of the January audit but it was clear that the situation had deteriorated. As a remedial action a recommendation has been made to the enforcement department of the SACAA to suspend the operations of the AMO.

SAFTA’s Part 141 (Flight School) operations attracted 5 minor findings that will be addressed by the Instructors at the school. For the continued operations of the school, SAFTA will have to use an alternative and accredited AMO as there is no compelling evidence to close down the school.

(b) Records relating to these inspections are kept at the SACAA records management department.

(c) The reports are signed off firstly by the inspectors conducting the inspection or audit and thereafter the decision is verified by a Review Board or panel.

(d) In general the findings were similar in nature from all the inspections conducted, as required by the Promotion of Justice Act (Act 3 of 2000); approval holder was granted an opportunity to remedy the non-compliances discovered during our inspections. And this was indeed the case, however we have taken cognisance that the situation is deteriorating and we have now embarked on a much more comprehensive enforcement action against the AMO since our last inspection.

Reply:

(a) Whilst the Eastcape Midlands Technical and Vocational Education and Training College (EMC) has been operating in a stable and violence-free environment since 9 March 2015, the unprotected strike continued due to delays in the disciplinary processes initiated by EMC against a number of employees.

The National Education, Health and Allied Workers’ Union (NEHAWU) National Office Bearers, Department of Higher Education and Training and EMC Council signed a settlement agreement intended to restore and improve working relations between the parties on 7 August 2015. The strike was agreed to be called off with effect from 4 September 2015.

(b)  Regular classes have been conducted by appropriately qualified EMC employed lecturers and others engaged on short-term contracts via a temporary employment agency to replace striking or dismissed lecturers. The College participated in the interviews of the temporary lecturers to confirm that they were qualified as per the curriculum prescripts for the various programmes.

(c) (i) All employees, including dismissed employees who took part in the unprotected strike have been mandated to agree in writing on the settlement terms finalised on 7 August 2015 as a prerequisite to returning to work on 7 September 2015. The settlement agreement requires all employees who embarked in the unprotected strike to forfeit a month’s salary, repay any payments made to them while they were part of the unprotected strike, and accept a twelve month final written warning not to engage in any misconduct activities.

(ii) Students who participated in the strike action for a prolonged period of time have failed to meet the 80% attendance policy requirements for entry into trimester/semester final examinations. Therefore, they have been advised to deregister or return to the college in the following trimester/semester or the following year, depending on the programme for which they had registered.

(d)  Not only have the activities and threats to render the specified TVET college ungovernable, subsided but it has completely stopped.

 

 

 

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3208 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

The information requested by the Honourable Member is not readily available in the Department. The Department has, however, engaged the Provincial Department responsible for Local Government to solicit the relevant information from municipalities. The information will be submitted to the Honourable Member as soon as it is received.

Reply:

(a) and (b) At the time of compilation, eighteen out of the twenty-six entities have responded to the question.

Name	(ii) How do you define red tape?	a) What specific interventions/systems that have been applied to identify red tape	(b) What specific interventions / systems that have been implemented to reduce red tape
Department of Higher Education and Training	The Department does not have its own definition of red tape. Using the conventional use of the word “red tape”, it is understood to be unnecessary delays caused by a lack or non-existence of delegations of authority to lower levels and/or too many officials having to be in the decision-making processes of an organisation.	I have approved the Delegations of Authority to the Director-General in respect to the Public Service Act and Public Service Regulations, and the Director-General has further delegated some of the functions to other performer levels. Further to this, the College Councils of the Technical and Vocational Education and Training (TVET) and Community Education and Training (CET) colleges are empowered by the Continuing Education and Training Act to make certain decisions and consult, and report to the Minister on decisions made where necessary. This is to ensure that decisions are made at lower levels to ensure that there is efficient and effective management as well as governance of institutions.	Service standards in certain operational areas and a service delivery charter have been developed to assist in monitoring delays in the operations of the department. The standard operating procedures have been developed in certain operational areas, aimed at ensuring that the decision-making processes are clear and applied consistently across the Department within set timeframes.
Banking Sector Education and Training Authority (BANKSETA)	Red tape is understood to be the regulations and/or rules that are considered unnecessary that hinders and delays work done as decision-making process is rather lengthy and negatively impacting stakeholders depending on the outcome and decisions of processes.	The frequency of Board meetings in a year Through previous experiences or lessons learned over the years. Customer Satisfaction Surveys and Stakeholder Forums and Sub-Committees’ feedback. Assessment of time taken for standard applications to be processed.	BANKSETA has a flat organisational structure with its Heads of Departments given a mandate to make decisions that allow the daily running of the business. This means that it is not in all instances where the Chief Executive Officer (CEO) has to make decisions. In the event where the CEO is out of the country, the acting CEO has the delegated rights and responsibilities of the CEO to action decisions needed. The Accounting Authority has also delegated some responsibilities and provided the CEO with the mandate to make certain decisions to aid the business to proceed with operations without waiting for the Board sitting. In the event where urgent decisions need to be made which falls outside the delegation to the CEO; urgent meetings/teleconference can be arranged to allow the Accounting Authority opportunity to consider what is put forth and make a decision. The other option is having round robin decision by the Accounting Authority.
Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA)	Defined as administrative (i.e. rules, procedures, procedures and processes) and regulatory hurdles, to achieving the original purpose, that affect or impose unnecessary delays, inaction, costs that exceed their benefits, productivity, and/or delivery (Including competitiveness).	We track and monitor the intended application of the regulatory requirements (i.e. Public Finance Management Act (PFMA), Treasury Regulations, Skills Development Act, etc.) to address non-compliance. There are now relevant registers (i.e. Supply Chain Management, Asset Management, Financial Management, etc.) in place that assists in identifying red tape.	Appointed leadership that is committed to continuous improvements and rooting out corruption. Trained staff as part of capacitating them and improving their skills so that they provide excellent service to all our stakeholders. Refocused management to effectively manage performance, processes, systems, people and finances. Improved supply chain management practices in order to address irregular, fruitless and wasteful expenditures. Set tools and monitoring mechanisms in order to track payment of suppliers within the 30 days period from receipt date of invoice.
Chemical Industries Education and Training Authority (CHIETA)	The bureaucracy that results in delays in service delivery.	Continuous development and review of organisation’s operational framework. Monthly dashboard analysis of divisional targets and achievements. Monitoring of turnaround times of key performance indicators of executives and managers and implanting strategies to address deviations.	Line managers have been empowered to make decisions within the broad spectrum of the organisation’s operational strategy and are fully involved in strategic and business planning. Monitoring, evaluation and tracking of performance against targets and continuous review and development of strategy to optimise return. Business process reengineering to ensure maximum efficiency, effectiveness and economy for core business processes. Replacement of manual processes with increasingly automated systems. Enforcing a culture of delivery, client orientation and focus maximising return of investment.
Council on Higher Education (CHE)	CHE does not have its own definition of red tape.	Not applicable	Not applicable
Financial and Accounting Services Sector Education and Training Authority (FASSET)	Non-essential procedures, forms, reporting and regulations where cost heavily outweighs benefit and stands in the way of skills development.	Management meetings are held fortnightly to discuss issues relating to efficient and effective delivery of the SETA. The SETA also interacts regularly with DHET and provides input to various matters of engagement.	An Enterprise-wide risk management system is in place to ensure optimal management of all risks associated with the performance of functions and delivery of services to support governance responsibilities. Robust Quality Management System is also in place. Furthermore, the staff at the SETA understands and delivers on reporting requirements.
Fibre Processing and Manufacturing Sector Education and Training Authority (FP&M SETA)	The process undertaken to facilitate decision making without making the processes too onerous and time consuming in order to ensure efficiency and enhancing service delivery.	The SETA developed and adopted a new business model, which resulted in the review and enhancement of business processes.	A more flattened organisational structure was developed and implemented to fast-track service delivery and decision making. The SETA has adopted a more direct reporting line and structure. The delegation of authority was reviewed by the Executive Authority to broaden and provide increased capacity for the CEO. The roles and responsibilities of Board Committee Structures have been streamlined for effectiveness and efficiency.
Food and Beverages Manufacturing Sector Education and Training Authority (FOODBEV SETA)	Red tape refers to excessive regulation or rigid conformity to formal rules that are considered redundant or bureaucratic and hinders or prevents action or decision-making.	None	None
Health and Welfare Sector Education and Training Authority (HWSETA)	A tedious process of decision making which has an adverse effect on the beneficiaries of the service being rendered.	The stakeholder sessions of the Board. Delivery model of the HWSETA. Innovation sessions with all stakeholders.	Service Delivery Charter. Revision of the delegation of authority. Decentralisation and devolution of powers.
Insurance Sector Education and Training Authority (INSETA)	Unnecessary and invalid / irrelevant requirements.	Process mapping and stakeholder feedback.	Bi-annual updates to processes and guidelines.
Manufacturing, Engineering and Related Services Sector Education and Training Authority (MERSETA)	MERSETA does not have its own definition of red tape.	Not applicable	Not applicable
Mining Qualifications Authority (MQA)	Lengthy policies that hinder progress of activities that need to be carried out.	Engagement in tender processes as it takes too long to finalise a tender, ±60 days is a long process including 21 days of advertisement.	Improved policies, that are more enabling, are being investigated.
National Skills Fund (NSF)	The NSF does not have a formal definition for red tape.	The NSF implemented Project Siyaphambili aimed at improving the overall effectiveness and efficiency of the entity. This included a current state assessment of the NSF to identify inefficiencies throughout the organisation, taking into consideration various reviews conducted on the skills levy system and NSF specifically.	The NSF will improve efficiencies in the organisation through the implementation of enabling technology (ERP system, document management system, monitoring technology, etc.) and through delegations of authority to a more efficient restructured organisation. Turn-around times will be monitored throughout all processes.
National Student Financial Aid Scheme (NSFAS)	NSFAS does not have its own definition of red tape.	Not applicable	Not applicable
Public Service Sector Education and Training Authority (PSETA)	Red tape is bottlenecks/ bureaucratic procedures that take long to achieve/ approve matters for implementation in the organisation, which inhibits performance.	No specific intervention or system has been applied to identify red tape.	Clearly defined workflows. Standard Operating Procedures that outline roles and responsibilities, and turnaround times. Delegations of Authority Framework. Regular management meetings to review performance and to fast track decision-making.
Quality Council for Trades and Occupations (QCTO)	Needlessly time-consuming procedures.	QCTO regularly monitors their procedures to identity areas of red tape, by reviewing the number of days allocated to process applications or requests received from stakeholders and by continually monitoring the chain of command in the processing of requests to improve turnaround time.	Systems and processes are continuously assessed to reduce red tape. Moreover, processes are governed by policies and procedures which stipulate turnaround times for processes. These timeframes are also part of the QCTO’s key performance indicators against which the organisation is audited.
South African Qualifications Authority (SAQA)	Unnecessary steps or procedures in our processes that client’s need to follow to access our services.	SAQA’s systems are reviewed constantly in line with our established client service standards. SAQA has a customer care helpline/helpdesk that records any customer complaints. These complaints are reviewed and the effects on the turnaround times are scrutinised so that SAQA can ensure continuous improvements in terms of its service delivery.	SAQA ensures that all unnecessary steps are eliminated from the processes.
Safety and Security Sector Education and Training Authority (SASSETA)	Excessive rules and/or regulations which are redundant and prevent action taking place or decision-making.	Delegations of authority are in place, which are aligned to National Treasury prescripts and promote governance per PFMA requirements. Since the body is under administration, the delegations of authority are under review.	Segregation of duties to employees in the entity to allow approvals / recommendations at various committees / levels. Operational plans that are linked to the mandate of the organisation are in place to ensure tasks at various levels are outlined and agreed upon. These operational plans are translated into performance assessment contracts.
Services SETA	It is any unnecessary and unjustifiable processes that have the effect of making it impossible for role players to achieve required goals and therefore hinder service delivery.	An Organisational Development process has been embarked upon to analyse all processes, procedures and policies with a view to eliminating anything unnecessary and shortening anything which may be too lengthy or cumbersome, but without compromising quality and compliance.	The discretionary grant application system has been simplified and automated. Project implementation steps are clearly articulated in the offer letters to service providers. Documentation required for disbursements is clearly outlined and disbursements are based on pre-agreed deliverables outlined in contracts. Stakeholders receive direct support and training on requirements so as to reduce the amount of back and forth engagement on matters. A tool is being developed to enable real time reconciliation of learner attendance to facilitate timely payments of learner stipends.

 

 

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3068 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

Ministers and Deputy Ministers are expected to travel between Gauteng and the Western Cape to carry out official duties, including parliamentary duties according the Parliamentary Programme. Costs incurred during the execution of the tasks outlined above are readily made available in Annual Reports which will be tabled in Parliament no later than the end of this month.

Reply:

1. There are no outstanding National Accredited Technical Diploma (NATED) Report 190/1 certificates, as these are issued within 3 months after the release of results as per the national policy.

There are however students who did not receive their National Certificate (Vocational) [NC (V)] certificates at the Thaba Nchu campus of Motheo Technical and Vocational Education and Training (TVET) college for the period 2008 to 2010. The table below provides details on the number of outstanding NC (V) certificates:

Examination cycle	Level 2	Level 3	Level 4	Total
200811	2	8	0	10
200903	8	0	0	8
200911	6	13	5	24
201003	9	3	5	17
201011	27	9	19	55
Total	52	33	29	114

2)  Yes. The outstanding NC(V) certificates affect all public TVET and private colleges and are due to a consolidation error on the examinations Information Technology (IT) system managed and maintained by the State Information Technology Agency (SITA). Through the intervention made by my Director-General and the Portfolio Committee on Higher Education and Training, SITA has sourced additional project management and technical capacity from an outside IT service provider to eliminate the backlog and ensure that it does not recur. In accordance with the project plan tabled to the Portfolio Committee on Higher Education and Training in August 2015, all outstanding NC (V) certificates will be available at TVET college examination centres by January 2016.

The Department is intervening, on behalf of graduates being denied access to the workplace and/or higher education study programmes due to outstanding certificates, respectively in the following manner:

• Letters of verification are issued on request;
• Employers are contacted on behalf of students; and
• Higher education institutions are contacted on behalf of students.

 

 

 

Compiler/Contact persons:

Contact number:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3168 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

The National Department of Environmental Affairs (DEA) has no record of an application for environmental authorisation for the abovementioned project. The application was lodged with the provincial department of environmental affairs, the Gauteng Department of Rural Development (GDARD), for which the MEC is the competent authority in terms of S24C of NEMA. Please contact the GDARD for a response.

---ooOoo---

Reply:

(1)(a) The Department has engaged all provinces, particularly those that will form part of Phase 1 of the broadband rollout programme. The purpose of the engagements was to ensure alignment between provincial initiatives and the SA Connect; communicate the intentions of the Departments with respect to Phase 1 of SA Connect; ensure that that there is optimum coordination between provincial line departments and the service providers who may rollout the programme.

(b) Only two provinces have funding for Broadband Projects, Gauteng (R1.2bn over 5 years) and Western Cape (R1.3bn over 7 years). Other provinces have broadband plans that do not have dedicated funding.

(2) The Department has established Provincial Broadband Steering Committees (PBSC). The PBSCs are provincially based structures that will support the co-ordination, alignment and increased professionalism of broadband implementation in the provinces. In order to fully achieve the effects of well managed broadband initiatives, the management of a combined approach between provinces and municipalities have been recognised.

Priority was given to provinces that are targeted for the first phase of Digital Development implementation. Gauteng and Western Cape Provinces will also be engaged on how to collaborate for the development of the implementation plans of facilities in the respective provinces.

Reply:

Guidelines for Reducing Municipal Red Tape, 2012 define red tape as rules, regulations, and / or bureaucratic procedures and processes which are excessively complex and which impose unnecessary delay(s), inaction and / or costs which exceed their benefits, and / or is no longer effective in achieving the purpose for which they were originally created. Red tape results in undesirable economic, business and / or social impacts or outcomes as a result of negatively impacting on productivity. Red tape involves excessive, or unevenly enforced, regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents effective action or decision-making.

Government recognizes the need to review its policy and regulatory environment that continue to hinder the development, growth and competitiveness of small businesses. Government has requested all spheres to institutionalise the guidelines aimed at reducing red tape at local government level.

Government sets-aside 30% of appropriate categories of State procurement for purchasing from SMMEs, cooperatives as well as township and rural enterprises.

It’s proposed that the design of a National Red Tape Reduction Programme, with coordinated implementation by the Presidency’s Office, will be informed by lessons learnt from recent and current national red tape initiatives designed to accelerate national competitiveness & economic growth by setting targets to reduce the total costs of government imposed regulations on business.

Other Specific interventions by Government

• Enacted Policies, Regulations and Legislation i. e. (the 30 days payment policy).
• Establishment of the Department of Performance Monitoring and Evaluation located in the Presidency
• The National Development Plan –vision 2030
• Institutionalizing of Performance management System across all spheres of government
• Development of Risk assessment strategies by all departments and entities
• Establishment of Fraud and Corruption fighting mechanisms and many more

Reply:

(a) The Department is undertaking work on Open Access within the broader scope of the National Integrated ICT Policy White Paper. The white paper policy will determine, amongst other things, the appropriate policy and regulatory remedies for the management and regulation of the open access framework. Should the white paper process determine that there is a need to publish open access regulations, the system protocols will be outlined as part of the functional specification that is defined to implement the regulations.

(b) The protocols have not been defined yet but would be defined as part of the work related to the implementation of the open access regulation.

(c) See response above

(d) Oversight over the development and implementation of the functional specifications would fall within the ambit of the Independent Communications Authority of South Africa (ICASA)

Reply:

Although I am fully aware of the ILO study on farm workers living and working conditions in South Africa, the report that was issued in February 2015 was just a draft for input by affected stakeholders. The ILO final report on farm workers living and working conditions in South Africa was only finalized and published on 21 July 2015.

I am arranging a briefing from the International Labour Organisation on the findings of the study. Consequently, I will interact with Ministers of Labour and Rural Development and Land Reform to have an integrated approach to the recommendations of the report. We will then consult with relevant stakeholders in the agriculture sector to discuss and develop a sector action plan to address challenges addressed in the report.

Reply:

(a) Yes.

(b)  The current salary level of the specified person is: SMS Grade C (salary level 15).

(c) The rank is derived from the prescripts contained in Regulation 8 of the South African Police Service Act (Act No 68 of 1995), as promulgated in Government Gazette Notice No 9252, dated 1 April 2010.

(d) A total number of 23 other Lieutenant Generals (Deputy National Commissioners/Provincial Commissioners and Divisional Commissioners) are on the establishment of the South African Police Service.

 

Reply:

The matter is being dealt with.

Reply:

(a-b) According to the Departmental Strategic Plan 2015–2020 the department has targeted to automate the registration of marriages, divorces, deaths and citizenship business processes by the end of the 2017/2018 financial year. Currently it has only committed to continue with automation of the ID smart card and passport system through live capture in the 2015/2016 financial year. At an appropriate time the department will make further announcement on the modernisation project.

Reply:

1. Yes I have read the report titled “Queue Here for Corruption”.
2. The department will be engaging with Lawyers for Human Rights on the findings and recommendations with the intention to determine the way forward on the matters raised in the report.

Reply:

(a)(i)(ii)(b)(i)(ii)(aa)(bb)(aaa)(bbb) The Department of Public Service and Administration and the National School of Government do not have a standard definition for red tape besides the standard dictionary meaning which generally refers to excessive regulation or rigid conformity to formal rules that are considered redundant or bureaucratic and hinder or prevent action or decision-making.

There are continuous performance monitoring reviews with specific reference to reducing lead time and improve turn-around time against the Annual Operational Plans (AOPs) and/or the Annual Performance Plans (APPs).

In keeping with the prescripts that govern effective and efficient service delivery, the following have been put in place; service delivery charter and standards, complaints handling management policy, service delivery improvement plans, amongst others, which are in addition to the processes of monitoring individual programmes and institutional performance management.

To optimise the use of ICT in order to gain some efficiency in the operations and service culture, the National School of Government is currently reviewing its service systems architecture and ICT infrastructure towards ensuring seamless delivery of education and learning programmes and courses.

CENTRE FOR PUBLIC SERVICE INNOVATION (CPSI)

(a)(ii)(b)(i)(ii)(aa)(bb)(bbb) According to the CPSI, red tape emerges when formal rules, regulations and procedures related to the administration of service delivery are no longer effective in achieving the goal for which they were instituted and/or the cost of compliance is not justified by the benefit that citizens receives.

The CPSI Awards Programme annually unearths a number of innovations to improve turn-around time for effective and efficient public service delivery. Recent projects include the “Vota Quota” web-based procurement system of the IEC, the CFO Helpdesk at DTI, pharmacy automation in Gauteng that significantly reduces paperwork and queues, KZN’s Digital Pen for m-Health, and the Road Accident Fund’s “RAF on the Road” initiative that simplified RAF applications and pay outs.

For a more comprehensive analysis of red tape and examples of red tape reduction, please refer to the CPSI’s Future Watch publication “From Red Tape to Smart Tape: Easing the Administrative Burden of Public Service Delivery”, available from http://www.cpsi.co.za/archived-publications/ and attached herewith).

Given the size of the CPSI and its mandate, very little red tape exists within the organisation. New internal policies and processes prioritise simplified processes and the use of electronic forms and systems rather than paper-based solutions.

An example of an internal system where red tape was reduced within the CPSI is the new online system being used for travel bookings. Using the Travel Agent’s web-based system, designated staff members are doing bookings for the organisation. The system eliminates the need to use a travel consultant to make a booking on behalf of the CPSI, provides for electronic authorisation and offers access to more and cheaper options. The CPSI is already saving significant amounts using the system.

Reply:

The matter has been reported to the NPA under Case Number 65/3/2012.  The matter is under investigation. CEF is not in the position to avail and/or request the content of the docket, such request should be directed to the NPA accordingly and a determination by the NPA in terms of their rules shall be made as to whether or not to avail such information on pending matters.

Reply:

1. No POP members were transferred to the Parliamentary Protection Service.

(1)(a) Not applicable.

(1)(b)(i) Not applicable.

(1)(b)(ii) Not applicable.

(1)(c)(i) Not applicable.

(1)(c)(ii) Not applicable.

(1)(d) Not applicable.

(2) No.

(2)(a) Not applicable.

(2)(b) Not applicable.

Reply:

The matter is still being looked at holistically as it deserves serious consideration; once the process is completed hopefully soon the Honorable Member will be furnished with full details.

Reply:

The question was responded to as Parliamentary question number 2454.The resolution of these outstanding matters coincided with the need to resolve Eskom’s funding model.

.

Reply:

Minister does not respond to hearsay.

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE

Reply:

1. The Board of Commissioners.
2. No.
3. No. The statement was signed off by all the 9 Provincial Commissioners.

(4)(a) None.

(4)(b) Not applicable.

Reply:

(1)(a) 78

(1)(b) 76

(1)(c) 36

(1)(d) 2

(1)(e) None

(1)(f) None

(1)(g) None

(1)(h) 2

(2) None

(3) No

Reply:

 (a) I wish to inform the Honourable Member that the South African Law Reform Commission (SALRC) considered sex work in its investigation into Sexual Offences: Adult Prostitution (Project 107). This investigation has now been finalized, and as required in terms of section 7(1) of the South African Law Reform Commission Act, 1973 (Act No 19 of 1973), the report has been submitted to me during July 2015 for my consideration.

(b) I am currently still considering the report and the recommendations contained therein. As soon as I finalize considering the report, further announcements will be made.  

Reply:

(1) I wish to inform the Honourable Member that neither the Department of Justice and Constitutional Development, nor the South African Law Reform Commission, has such pending legislation or research projects, in process.

(2) As the matter relates to international property rights, which are not in the jurisdiction of the Republic of South Africa, I would recommend that the Honourable Member address such question to the Minister of International Relations and Cooperation.

Reply:

(a), (b) and (c) The transportation of persons in custody of the Service is governed by Standing Order (G) 345 which includes the transportation of accused persons who are in police custody between SA Police Service holding facilities and the courts. SO (G) 345: Transportation of persons in custody of the Service and related matters, deals with all the operational aspects applicable to the transportation and escorting of persons in custody of the Service. The Standing Order prescribes the applicable operational aspects once a person in custody must be transported, including all the relevant arrangements which must be performed in order to ensure safe and secure transportation. Standing Order (G) 345 attached for ease of reference.

Reply:

The response to question 2507 remains. The Department did not spend money on consultants.

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE:

Reply:

1. The South African Police Service does not have a specific policy or guidelines for enforcing legislation on sex work and suspected sex workers. There are however generic policies and guidelines utilized by members instead of policy and guidelines for specific offences.

Members of the South African Police Service carry out their functions and exercise their powers in terms of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), including the lawful arrest of sex workers. The circumstances under which any arrest may be performed and the method of arrest is set out in Standing Order (General) 341 (Arrest and the treatment of an arrested person until such person is handed over to the community service centre commander).

The Criminal Law (Sexual Offences and related matters) Amendment Act of 2007 (Act No. 32 of 2007) created an offence relating to the client of the sex worker (i.e engaging the sexual services of persons 18 years or older). National Instruction 3 of 2008 on Sexual Offences provides for the implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007). 

2.  SAPS members receive training in the following disciplines that also apply to law enforcement in respect of sex work:

• Human Rights in Policing
• Victim Empowerment
• Dealing with Vulnerable Groups
• Apprehension of Suspects

3.  The SAPS does not have specific training programmes that deal with the apprehension and searching of sex workers. The training provided is based in SAPS directives mentioned in par (1) above and applies to all individuals apprehended by the SAPS, irrespective of the alleged crime.

4.  SAPS is unfortunately not able to provide the details within the given time frame as the information is not readily available and must be obtained from the provinces. A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

Reply:

1. The reintroduction of specialised units in the South African Police Service is determined by organisational priorities and is being considered annually. There is no intention in the Annual Performance Plan 2015/2016 to reintroduce any additional specialised units. Existing units are continuously being capacitated to enhance their capability to render an effective and efficient service.

The moment a need for the establishment of a specialised unit is identified, the need is analysed and investigated taking existing capacities and organisational priorities into consideration in order to address a specific need.

2.  No statement will be made at this moment in time.

Reply:

(a) How many cases of human trafficking were reported to the SA Police Service in the (i) 2010-11, (ii) 2011-12, (iii) 2012-13, (iv) 2013-14 and (v) 2014-15 financial years

 

PROVINCES	2010/2011 (i)	2011/2012 (ii)	2012/2013 (iii)	2013/2014 (iv)	2014/2015 (v)	TOTAL
KZN	05	05	01	01	00	12
WC	09	12	09	06	03	39
GP	01	01	06	06	01	15
NW	01	02	02	00	01	06
LIM	00	00	01	00	03	04
MP	01	00	01	00	01	03
FS	00	00	00	01	02	03
NC	00	00	00	02	01	03
EC	01	01	01	03	01	07
TOTALS	18	21	21	19	13	92

(b) How many of the specified cases involved (i) female and (ii) male victims in each case

PROVINCES	2010/2011	2011/2012	2012/2013	2013/2014	2014/2015	TOTAL
KZN	Case 1: 09 (f) Case 2: 03 (f) Case 3: 01 (f) 01 (m) Case 4: 01 (f) Case 5: 01 (f)	Case 1: 01 (f) Case 2: 00 Case 3: 01 (f) Case 4: 20 (f) Case 5: 00	Case 1: 01 (f) 01 (m)	Case1: 02 (f)	00	40 Females 02 Males
WC	Case 1: 06 (f) Case 2: 01 (f) Case 3: 07 (f) Case 4: 06 (f) Case 5: 01 (f) Case 6: 01 (f) Case 7: 02 (f) Case 8: 01(f) Case 9: 01(f)	Case 1: 01 (f) Case 2: 01 (f) Case 3: 03 (f) Case 4: 01 (f) Case 5: 01 (f) Case 6: 03 (f) Case 7: 01 (f) Case 8: 01(f) Case 9: 01(f) Case 10: 01 (f) Case 11:01(f) Case 12: 01(f)	Case 1: 01 (f) Case 2: 01 (f) Case 3: 01 (f) Case 4: 01 (f) Case 5: 10 (f) Case 6: 01 (f) Case 7: 01 (f) Case 8: 01(f) Case 9: 01(f)	Case 1: 01 (f) Case 2: 01 (f) Case 3: 02 (f) Case 4: 03 (f) Case 5: 02 (f) Case 6: 02 (f)	Case 1: 02 (f) Case 2: 01 (f) Case 3: 01 (f)	75 Females
GP	Case 1: 05 (f)	Case 1: 09 (f)	Case 1: 14 (f) Case 2: 02 (f) Case 3: 01 (f) Case 4: 05 (f) Case 5: 02 (f) Case 6: 01 (f)	Case 1: 02 (f) Case 2: 03 (f) Case 3: 09 (m) Case 4: 03 (m) Case 5: 01 (f) Case 6: 01 (f)	Case 1:02(f)	48 Females 12 Males
NW	Case 1:01(f)	Case 1:01(f) Case 2:01 (f)	Case 1:03(f) Case 2:02 (f)	00	Case 1:01(f)	09 Females 00 Males
LIM	00	00	Case 1: 01 (m)	00	Case 1: 01 (m) Case 2: 01 (f) Case 3: 19 (f)	02 Females 01 Males
MP	Case 1: 01 (f) 01 (m)	00	Case 1: 05 (f)	00	Case 1: 01 (f) Case 1: 01 (m)	07 Females 02 Males
FS	00	00	00	Case 1: 01(f)	Case 1: 01(f) Case 2: 01(f)	03 Females
NC	00	00	00	Case 1: 02 (f) Case 2: 04 (f)	Case 1:01 (f)	07 Females 00 Males
EC	Case 1: 02 (f)	Case 1: 00	Case 1: 05 (f)	Case 1: 02 (f) Case 2: 01 (f) Case 3: 03 (f)	Case 1:01 (f)	14 Females
TOTALS	Females: 49 Males: 2	Females: 45 Males: 00	Females: 50 Males: 1	Females: 28 Males: 12	Females: 11 Males: 1	Females: 183 Males: 16

(c) What was the nationality of the victims identified in each case

PROVINCES	2010/2011	2011/2012	2012/2013	2013/2014	2014/2015	TOTAL
KZN	Case 1: 09 SA Case 2: 03 SA Case 3: 02 SA Case 4: 01 SA Case 5: 01 SA	Case 1: 01 SA Case 2: 00 Case 3: 01 SA Case 4: 20 SA Case 5: 00	Case 1: 02 SA	Case1: 02 SA	00	42 South Africans
WC	Case 1: 06 SA Case 2: 01 SA Case 3: 07 SA Case 4: 06 SA Case 5: 01 SA Case 6: 01 Russian Case 7: 02 Chinese Case 8: 01 SA Case 9: 01SA	Case 1: 01SA Case 2: 01 SA Case 3: 03 Chinese Case 4: 01 SA Case 5: 01 SA Case 6: 03 Cameroonian Case 7: 01 Chinese Case 8: 01SA Case 9: 01 SA Case 10: 01 SA Case 11:01 SA Case 12: 01 SA	Case 1: 01 SA Case 2: 01 SA Case 3: 01 SA Case 4: 01 SA Case 5: 10 Cambodian Case 6: 01 SA Case 7: 01 SA Case 8: 01 SA Case 9: 01 SA	Case 1: 01 Nigerian Case 2: 01 Nigerian Case 3: 02 Thai Case 4: 03 SA Case 5: 02 Nigerian Case 6: 02 Nigerian	Case 1: 02 Nigerian Case 2: 01 SA Case 3: 01 SA	50 South Africans 6 Chinese 2 Thai 8 Nigerians 1 Russian 3 Cameroonian 10 Cambodian
GP	Case 1: 05 SA	Case 1: 09 Chinese	Case 1: 14 SA Case 2: 02 Lesotho Case 3: 01 SA Case 4: 02 Thai 01 Yugoslavian 01 Chinese 01 SA Case 5: 02 Thai Case 6: 01 SA	Case 1: 01 Chinese 01 Thai Case 2: 03 Chinese Case 3: 09 Bangladeshi Case 4: 03 Pakistani Case 5: 01 SA Case 6: 01 SA	Case 1:02 SA	26 South Africans 14 Chinese 02 Lesotho 05 Thai 01 Yugoslavian 09 Bangladeshi 03 Pakistani
NW	Case 1: 01 SA	Case 1: 01 SA Case 2: 01 SA	Case 1: 03 SA Case 2: 02 Chinese	00	Case 1: 01 SA	07 South Africans 02 Chinese
LIM	00	00	Case 1: 1 Zimbabwean	00	Case 1: 01 Ethiopian Male Case 2: 19 Ethiopians Case 3: 53 Malawians	20 Ethiopians 53 Malawians
MP	Case 1: 01 Mozambican 01 Mozambican	00	Case 1: 05 Mozambicans girls	00	Case 1: 01 SA Case 1: 01 SA	07 Mozambicans 02 South Africans
FS	00	00	00	Case 1: 01 SA	Case 1: 01 SA Case 2: 01 SA	03 South Africans
NC	00	00	00	Case 1: 02 SA Case 2: 04 SA	Case 1:01 SA	07 South Africans
EC	Case 1: 02 SA	Case 1: 00	Case 1: 05 SA	Case 1: 02 SA Case 2: 01 SA Case 3: 03 SA	Case 1:01 SA	14 South Africans
TOTALS	52 South Africans 02 Mozambican 02 Chinese 01 Russian	33 South Africans 13 Chinese 03 Cameroonian	35 South Africans 3 Chinese 05 Mozambicans 04 Thai 02 Lesotho 01 Yugoslavian 1 Zimbabwean 10 Cambodian	20 South Africans 4 Chinese 09 Bangladeshi 02 Thai 03 Pakistani 6 Nigerians	11 South Africans 53 Malawians 20 Ethiopians	151 South Africans 53 Malawians 20 Ethiopians 22 Chinese 10 Cambodian 09 Bangladeshi 08 Nigerians 07 Mozambicans 06 Thai 03 Pakistani 03 Cameroonian 02 Lesotho 01 Yugoslavian 01 Russian

Reply:

(1)(a) The South African Police Service acted promptly to protect the citizens when requested to do so. Throughout the strike action there has been continuous communication and engagement between SAPS and Municipal Manager. There has also been a continuous communication and engagement between Major General Mki, Deputy Provincial Commissioner: Operational Services from the Provincial Commissioner’s office and Mr Von Buchenroder M. (MPL, DA) and he had been kept abreast about the police actions pertaining to the strike. Consequent to these police actions, two criminal cases have been registered being Willowmore CAS 34/07/2015 Assault Common and Willowmore CAS 46/07/2015 Attempted Murder.

(1)(b) The South African Police Service did enforce the Court Order and the subsequent occupation of the Office of the Municipal Manager was through his permission on the misunderstanding that the group representing the strikers wanted to engage in negotiations in order to address the causes of the strike.

When it transpired later that this was not the intention, the Municipal Manager summoned the police who immediately removed the group. In instances where the strikers convened a gathering in contravention of the order, the police immediately broke up such gathering and criminal cases were registered.

A municipal truck that was parked at Steytlerville municipal premises was damaged during the night and the matter is still under investigation. Due to the above police actions, the following criminal cases have been registered being Steytlerville CAS 14/07/2015 Malicious Damage to Property, Willowmore CAS 47/07/2015 Intimidation and Willowmore CAS 43/07/2015 Illegal Gathering.

(2) No action is envisaged against the two officers. There is no evidence to substantiate the failure to act on their part in this situation but on the contrary criminal investigations have been instituted against the strikers and some cases have already referred to the prosecuting authority for decision.

Reply:

(a) The National Prosecuting Authority has reported the following numbers of prosecutions for human trafficking during the financial years requested:

1. 2010/11: 1;
2. 2011/12: 1;
3. 2012/13: 3;
4. 2013/14: 1; and
5. 2014/15: 19.

The NPA has added that several cases are currently under investigation and in order not to jeopardise these cases that are sub judice, the NPA is unable to provide any information regarding the said matters.

(b) How many of the specified cases were convictions?

1. 2010/11: 1;
2. 2011/12: 1;
3. 2012/13: 3;
4. 2013/14: 1; and
5. 2014/2015: 7 convictions.

Based on the information available at the time of this response, the NPA is only aware of two additional prosecutions on trafficking which resulted in an acquittal (both in the Western Cape. In the one matter the accused was convicted on minor charges and in the other case, the complainant refused to testify.

Progress in other matters: In eight (8) matters, the cases are partly-heard; in one case, the trial is to commence in October 2015; in one case, the trial date was set on 25 August 2015; and in two cases, bail applications will still be heard.

(c) (i) How many of the specified cases involved female victims?

Statistics regarding the gender of the victim was not captured and are therefore unavailable. However, based on experience, the NPA’s cases involve predominantly female victims.

(ii) What was the nationality of the victims identified in each case?

Statistics regarding the nationality of the victim was not captured and are therefore unavailable.

BACKGROUND INFORMATION AS RECEIVED FROM THE NATIONAL PROSECUTION AUTHORITY:

(a) How many cases of human trafficking was prosecuted in the financial years as indicated:

(i) 2010 – 2011

NAME	PROVINCE / DIVISION	DATE	STATUS
S v Eloff & Another	Free State	2009	CONVICTION – Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 8 years imprisonment suspended for 5 years on conditions.

(ii) 2011 – 2012

NAME	PROVINCE / DIVISION	DATE	STATUS
S v Dos Santos	North Gauteng	2011	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 (4 charges). Sentenced to life imprisonment.

(iii) 2012 – 2013

NAME	PROVINCE / DIVISION	DATE	STATUS
S v Shembe	Western Cape	2012	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 23 years imprisonment.
S v Ntonga & Bell	Eastern Cape	2013	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 10 years imprisonment.
S v Gwambe	Mpumalanga	2013	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 15 years imprisonment.

(iv) 2013 – 2014

NAME	PROVINCE / DIVISION	DATE	STATUS
S v Jezile	Western Cape	2014	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 and Rape section 3 of Act 32 / 2007. Sentenced to 22 years imprisonment (conviction and sentence confirmed on appeal).

1. 2014 – 2015

NAME	PROVINCE / DIVISION	DATE	STATUS
S v Allima	KZN	2014	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to life imprisonment.
S v Simelane	North Gauteng	2014	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 and Rape section 3 of Act 32/2007. Sentenced to 30 years imprisonment.
S v Mabuza	Mpumalanga	2014	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007 (8 charges). Sentenced to life imprisonment on all 8 charges.
S v Wang	Western Cape	2014	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Postponed for sentence.
S v Knoetze	Eastern Cape	2014	CONVICTION – Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 15 years imprisonment.
S v Uche & Others	KZN	2015	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Postponed for sentence.
S v Palan & Another	KZN	2015	CONVICTION - Trafficking in persons for sexual purposes, section 71 of Act 32/2007. Sentenced to 10 years imprisonment.
S v Rugnath	KZN	2014	Partly heard
S v Mansaur	KZN	2014	Partly heard
S v Matini & Another	Eastern Cape	2014	Partly heard
S v Gudwana	Western Cape	2014	Partly heard
S v Tiki & Others	Western Cape	2014	Partly heard
S v Wellem & Others	Western Cape	2014	Partly heard
S v Agasi & Others	Western Cape	2014	Partly heard
S v Jooste	Western Cape	2014	Trial to commence in October 2015
S v Zweni	KZN	2015	Partly heard
S v Chijoko & Another	WC	2015	Trial date to be set on 25/08/2015
S v Mbene & Another	WC	2015	For bail application on 27/8/2015
S v Okoye & Others	WC	2015	For bail application on 28/9/2015

Several cases are currently under investigation, in order not to jeopardise these cases that are sub judice, we are unable to provide any information regarding the said matters.

(b) How many of the specified cases were convictions?

See schedule as per paragraph (a) supra. Based on the information available at the time of this response, the NPA is only aware of two additional prosecutions on trafficking which resulted in an acquittal (both in the Western Cape. In the one matter the accused was convicted on minor charges and in the other case, the complainant refused to testify.

(c) (i) How many of the specified cases involved female victims?

Statistics regarding the gender of the victim was not captured and are therefore unavailable. However, based on experience, the NPA’s cases involve predominantly female victims.

(ii) What was the nationality of the victims identified in each case?

Statistics regarding the nationality of the victim was not captured and are therefore unavailable.

Reply:

(a) (i) The Department of Science and Technology defines “red tape” as any process or administrative requirement that hinders the effective operation and implementation of policies, programmes that seek to deliver on the mandate of the department.

(ii) The response regarding the definition of red tape by entities is presented below:

Entities	Definition of red tape
Academy of Science of South Africa (ASSAf)	Process that entails some restrictive processes or hindrance that have to be followed or complied with in the performance of an activity.
Council for Scientific and Industrial Research (CSIR)	Rules, processes and procedures that impose unnecessary delay, and inaction or cost to the supplier(s) and/or potential beneficiaries.
Human Sciences Research Council (HSRC)	Unnecessary bureaucratic practices which adds no value to desired outcomes, but are imposed on processes nonetheless.
National Research Foundation (NRF)	Additional administrative measure, over and above the established policies and procedures of the organisation that are implemented through legislated authorities.
South African National Space Agency (SANSA)	Unnecessary and cumbersome rules, regulations, requirements, processes or procedures that result in unacceptable and unnecessary delays in business processes and decision making.
Technology Innovation Agency (TIA)	Excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision-making.

(b) Response to the specific interventions and systems that have been implemented to identify and reduce red tape is provided below:

Entities/ Department	(i) Interventions	(ii) Systems
		(aa) Identify	(bb) Reduce	(aa) Identify	(bb) Reduce
		(aaa) Department	(bbb) Entities
Department of Science and Technology	Establishment of an Operations Committee to address operational matters.	Review of policies and procedures every two years (or as required) as part of continuous improvement or with the introduction of new/ legislative amendments.	Document adverse effects of policy implementation to inform future reviews and amendments. Development of standard operating procedures (as applicable) to maximise efficiencies.
Academy of Science of South Africa (ASSAf)	There are no specific interventions.			No systems to identify red tape.	No systems to reduce red tape.
Council for Scientific and Industrial Research (CSIR)	There are no specific interventions.			Continually review processes to incorporate improvements and to align to new legislative requirements.	Developed systems and processes to maximise its efficiencies and effectiveness.
Human Sciences Research Council (HSRC)	There are no specific interventions.			Identify these through internal consultation and by working closely with the Internal and External Auditors and then determine what is required to adhere to in order to remain compliant.	No systems to reduce red tape.
National Research Foundation (NRF)	There are no specific interventions.			No systems to identify red tape.	No systems to reduce red tape.
South African National Space Agency (SANSA)	There are no specific interventions.			Identify through service level standards or turnaround time targets that are set for key processes.	Regularly review policies, procedures and systems with a view to continually assess their effectiveness.
Technology Innovation Agency (TIA)	-Materiality framework was amended to enhance decision making and execution of decisions. -Delegation of authority was refined. -Revision of Investment framework policy. -Bi-monthly Exco meetings. -Special board meetings to expedite decisions made. -The operational team in the Supply Chain Management Unit has been expanded to meet business’ needs quicker and more efficient. -Employee culture survey. -Complaints review. -Customer satisfaction surveys.			Operational inefficiencies are identified through inadequate turnaround times of approval and payment of projects and expenditure. It is also identified through employee engagement surveys and customer satisfaction surveys.	Investment management system has been designed and implemented.