Questions and Replies

Reply:

 

(a) There are six fraud cases have been concluded relating to leases / rentals, where officials have been implicated, during the period in question.

(b) In five of the cases wrongdoing was found on the part of Departmental officials.

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:

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 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) 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:

The National Reviews’ Directorate of the Council on Higher Education (CHE) circulated the draft manual, proposal and guidelines for the review of all Bachelor of Law (LLB) programmes on 5 August 2015 for comments.

The starting point of the review is the LLB qualification standard, which has been recently developed by CHE in consultation with the Reference Group on Standards Development comprising of academic experts in the field of law education. The review is an assessment of whether or not the current LLB degree programme meets the qualification standard and complies with criteria for design, delivery, output, impact and sustainability, derived from the CHE’s Criteria for Programme Accreditation.

Furthermore, the Department has representation on the National LLB Task Team, which will upon completion of the national review process, advise me on the structure of the programme at all universities. The National LLB Task Team comprises of representatives from the South African Law Deans Association (SALDA), Society of Law Teachers of Southern Africa (SLTSA), Law Society of South Africa (LSSA), General Council of the Bar (GCB), Department of Justice and Constitutional Development, and the Department of Higher Education and Training.

 

 

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3004 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

The figures provided herewith below have been extracted from PERSAL. These figures exclude the (i) department of Defence and the (ii) Security sector:

(a) Employees who retired or resigned before the prescribed retirement ages during the 2014/15 financial year

Employees who retired before their prescribed retirement ages	10 449
Resignations	39 194
Total	49 643

(b) Re - employment in the Public Service

Employees who retired before their prescribed retirement ages	92
Employees who have resigned	6 614
Total	6 706

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:

(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) Red tape is a collection or sequence of forms and procedures, oppressively complex and time-consuming, required to gain bureaucratic approval for something. In the context of the work of government, officials at junior, middle and senior management level are expected to make decisions aimed at improving service delivery. However it should be noted that officials are only able to fulfill their duties in terms of the requirements of relevant legislation. Often these decisions are complex and could lead to significant discontent amongst stakeholders at various ends of the result of such decisions. It is then currently the norm that such decisions are taken to court for review of the decision by disappointed stakeholders. In order to ensure that complex decisions would be deemed justifiable in a court of law, this requires that such decisions involve more consulting, more processes that verify adequacy, reliability and completeness of information considered, which in turn increases the time taken to reach a decision. This additional involvement in time is to ensure that when a decision is taken, it can be implemented without concern for court processes that may delay implementation.

(b) (i) and (ii), (aa) and (bb), (aaa) the Department of Justice and Constitutional Development:

Specific interventions and systems developed and implemented in the Department of Justice and Constitutional Development to improve the standards of service delivery, include the following:

1. Service delivery champions have been appointed to ensure improvements in their respective areas of responsibility;
2. The review of Service Delivery Models of Branches in the Department with the aim of strengthening the structures responsible for service delivery at the lowest levels;
3. Decentralization of governance structures to regions with Regional Heads to strategically manage service delivery at service point level;
4. Decentralization of operational functions with specific delegations and standard operating procedures and standards of performance to court managers to enable them to run the institution, procure and appoint staff;
5. KHAEDU deployment of senior managers at lower performing service points with the specific mandate to unblock difficulties related to service delivery; and
6. Redesign of processes and policies and deployment of Information Technology solutions to improve time in delivery of services e.g., payment of maintenance.

(b) (i) and (ii), (aa) and (bb), (bbb) Entities reporting to the Minister of Justice and Correctional Services:

Regarding the public entities, Boards and Councils reporting to the Minister of Justice and Correctional Services, such as the Legal Aid Board South Africa, the Debt Collectors Council and the Special Investigation Unit, the Department of Justice and Constitutional Development has members of the department representing the Department liaising with or sitting on such Boards to assist in dealing with blockages, streamlining communication and speeding up processes.

The Council for Debt Collectors has specifically indicated that although no formal systems have been implemented to identify and reduce red tape from the Department, the Council as it reports to the Minister of Justice and Correctional Services, has implemented the following measures:

1. Stringent adherence to the principles as laid out in the King III Governance Report;
2. Drafting and submission of an integrated annual report to Parliament even though there is no legal obligation to do so as the Council does not fall under the Public Finance Management Act; and
3. Implementation of a 7 day turnover period for new registrations that is rigorously monitored.

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. 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:

(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) The SIU has informed me that the following cases are currently being investigated: (1) National and all Provincial Departments of Social Development; (2) North-West Province Municipalities: (aa) Madibeng Local Municipality; (bb) Greater Taung Local Municipality; (cc) Mafikeng Local Municipality; (dd) Ventersdorp Local Municipality; (ee) Dr Kenneth Kaunda District Municipality; (ff) Matlosana Local Municipality; (gg) Maquassi Hills Local Municipality; (hh) Tlokwe Local Municipality; (ii) Ngaka Modiri Molema District Municipality; (jj) Ditsobotla Local Municipality; (kk) Tswaing Local Municipality; (ll) Ramotshere Moiloa Local Municipality; (mm) Ratlou Local Municipality; (nn) Moses Kotane Local Municipality; (oo) Ketlengrivier Local Municipality; (pp) Dr Ruth Mompati District Municipality; (qq) Rustenburg Local Municipality; (rr) Naledi Local Municipality; (ss) Kagisano Local Municipality; (tt) Molopo Local Municipality; (uu) Mamusa Local Municipality; (vv) Lekwa-Teemane Local Municipality; (ww) Bojanala Platinum District Municipality; and (xx) Moretele Local Municipality. (3) Department of Health: Gauteng Province; (4) South African Social Security Agency (SASSA); (5) Department of Public Works; (6) South African Police Service (SAPS); (7) Department of Public Works for the KwaZulu-Natal Province; (8) Tshwane Metropolitan Municipality (TMM): Gauteng Province; (9) Ekhurhuleni Metropolitan Municipality (EMM): Gauteng Province; (10) National Department of Rural Development and Land Reform and its agents; (11) Midvaal Local Municipality: Gauteng Province; (12) Eskom Holdings Ltd; (13) Limpopo Province intervention: (aa) Provincial Treasury; (bb) Department of Health and Social Development; (cc) Department of Roads and Transport; (dd) Department of Education; (ee) Department of Public Works, Limpopo Province. (14) Department of Public Works (Security upgrade at Nkandla); (15) Department of Water Affairs (formerly the Department of Water Affairs and Forestry); (16) National Department of Co-operative Governance and Traditional Affairs (COGTA); (17) Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA); (18) Bushbuckridge Local Municipality: Mpumalanga Province; (19) Department of Communications; (20) USAASA (Universal Service and Access Agency of South Africa); (21) KwaZulu-Natal Provincial Treasury; (22) Vhembe District Municipality; (23) Greater Tubatse Local Municipality; (24) State Information Technology Agency (Pty) Ltd (“SITA”); (25) National Department of Public Works: Prestige Directorate: Western Cape; (26) Department of Labour and the Compensation Fund; (27) National Department of Transport; (28) National Department of Public Works (Leases investigation); (29) Department of Communications; and (30) Eastern Cape Department of Education. (b) The SIU has informed me that the following civil matters are currently before court: (1) The Department of Public Works: The SIU caused summons to be issued out of the High Court at the KwaZulu-Natal local division under case number 6428/2015. The SIU (1st plaintiff) together with the Department of Public Works (2nd plaintiff) is pursuing an action for the recovery of approximately R2.3 million from the contractor as a consequence of an overcharge. The Plaintiffs are also seeking to recover the fees paid to the consultants (approximately R7 million) arising from their failure to carry out their mandate in terms of the contract concluded between the parties. The matter is currently being defended. (2) Department of Public Works (Security upgrade at Nkandla): The SIU instituted civil proceedings against Minenhle Makhanya and another in the High Court (KwaZulu-Natal Division – Pietermaritzburg) under case number 11107/14 in which the SIU is asking the court to order Mr Makhanya to pay approximately R155 million to the Department. This case is defended and on-going. (3) Department of Rural Development and Land Reform (formerly known as the Department of Land Affairs) in its national department, its provincial departments, its trading entities and their respective agencies (herein referred to as the DRDLR) and the State Information Technology Agency (PTY) Ltd (herein referred to as SITA): The SIU instituted civil proceedings against Gijima AST (Pty) Ltd and others in the High Court (Gauteng Division) under case number 88170/14 in which the SIU is asking the court to declare the tender and resulting contract unlawful and void ab initio. This case is defended and on-going. (4) Department of Communications: The Department of Telecommunications and Postal Services and the SIU instituted civil proceedings against Media Corner (Pty) Ltd and others in the High Court (Gauteng Division) under case number 66037/14 in which the Department and the SIU are asking the court to declare the tender and resulting contract unlawful and void ab initio, while also claiming approximately R12.7 million from Media Corner and asking for a type of debating of accounts in respect of the remaining approximately R32.7 million. This case is defended and on-going. (5) USAASA (Universal Service and Access Agency of South Africa): The SIU instituted civil proceedings against Mr Zami Nkosi, USAASA and others in the High Court (Gauteng Division) under case number 43250/14 in which the SIU is asking the court to declare the appointment of Mr Zami Nkosi as the Chief Executive Officer of the USAASA unlawful. This case is defended and on-going.

 

Reply:

(1) We could not find any official record in the Department of Public Works of who authorized the allocation of State-owned accommodation to Mr Mac Maharaj.

(2) (a), (b) and (c) See the response to (1) above.

(3) Services rendered at the Bryntirion Estate are centralised and costs are not recovered from individual occupants.

(4) (a) and (b) State-owned accommodation at the Bryntirion Estate is not exclusively reserved for Ministers and Deputy Ministers. The Estate has different types of accommodation including houses and flats. Government officials are accommodated at the Estate as well.

Following the introduction of the Turnaround Strategy in 2012 the Department has embarked on a process of further refining the Prestige policy, which includes the allocation and occupation State-owned accommodation.

(5) (a) and (b) See response to (1) above.

_______________________________________________________________________

Reply:

Yes, as soon as the policy adjustment process is completed and Cabinet approval is obtained.

Reply:

(a)  All Ministers and Deputy Ministers have officials who are tasked to draft speaker notes. The Deputy Minister of Police did not deliver speaker notes; but a speech, which did not entail the alleged remarks as alluded. A factual recording of the Deputy Minister of Police’s speech is available upon request.

(b)  The Deputy Minister of Police always abides by the Constitution and Laws of the democratic Republic of South Africa; and respects all international conventions and instruments that South Africa is signatory to.

(c)  There are no grounds to reprimand the Deputy Minister of Police, thus, no action will be taken against her.

Reply:

(a) The SAPS uses both digital and print formats to communicate relevant information regarding officers’ disciplinary matters. We send out information through the ‘All Users’ Email group on information picked up in the media regarding police officers being arrested, charged, convicted and sentenced for criminal actions, under the heading “Breaking News Advisory”. We also do print magazines monthly at national and provincial offices.

(b) We communicate court outcomes and not trials.

(c) No

(d) National and provincial management frequently nominates SAPS employees who have performed beyond the call of duty to ensure the safety of people and property in South Africa for awards. These nominations are forwarded to the National Monitoring Evaluation Committee which recommends that such members are rewarded financially and by means of a certificate endorsed by the National Commissioner and/or the Minister of Police. This is done on an ongoing basis. Approval of such nominations is distributed internally to all SAPS employees via e-mail and included in print publications.

(e) Not IPID information per se, but such information either results in internal disciplinary or criminal investigations. The outcomes of these investigations are disseminated as per response to (a) and (b) above.

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 matter is being dealt with.

Reply:

(1) The Departments of Justice and Constitutional Development and of Correctional Services, are not responsible for the keeping of criminal records of previous convictions. This is a function of the South African Police Service (SAPS), in particular the Criminal Record Center of the SAPS (CRC). This question should therefore be referred to the Ministry of Police for an answer or input in this regard.

(2) The Department of Justice and Constitutional Development does not have specific information in this regard.

(3) No. (a) to (d) therefore fall away.

Please also find attached a copy of the Parliamentary Question answer No 2615 of the 7th August 2015, where-in the Honourable Member is informed that no pardon has been granted by the President to the person in question, because additional information is still being awaited.

Pardons are submitted for consideration by the President, when the person concerned, does not qualify to have his conviction expunged in terms of the Criminal Procedure Act, 1977. Applications for expungement are submitted to the Director-General of the Department of Justice and Constitutional Development, where a convicted person has been convicted of an offence for which he/ she did not serve a term of direct imprisonment; the conviction happened more than 10 years ago; and he or she has not been found guilty of a sexual offence against a child or a mentally disabled person, which would then mean that such person’s details will be added to the National Register of Sexual Offenders in terms of Chapter 6 of the Criminal Law Amendment (Sexual Offences and Related Matters) Act, 2007 (Act No 32 of 2007).

It is the responsibility of the person applying for a pardon and/or an expungement, to obtain a SAPS Clearance Certificate from the Criminal Record Centre him- or herself, to submit to the Department of Justice and Constitutional Development, for consideration of the expungement, if there was no direct term of imprisonment imposed, after 10 years have passed and the person has not been convicted of a sexual offence against a child or a mentally disabled person. In the latter case, an expungement will not be granted and the only option for removal of a person’s criminal conviction/s, is to apply for a Presidential pardon.

 

Reply:

The Minister of Public Works

Members of Parliament, Sessional Officials, and where appropriate, their dependents, are eligible to utilise the transport service to and from the Parliamentary Villages and Parliament.

___________________________________________________________________________

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) In October 2012, as the Minister of Public Works I ordered an investigation into the conduct and management of security upgrades implemented by the Department of Public Works (DPW) at the President’s residence in Nkandla, KwaZulu-Natal.

The Task Team responsible for this investigation submitted their Report in January 2013 and made a number of recommendations that have a bearing on DPW. The Task Team, among other things, recommended that their report be referred to the Special Investigating Unit (SIU) for further investigation. As a result, the President issued Proclamation R59 of 2013 on 20 December 2013, to mandate the SIU to conduct an investigation into the affairs of the Department with respect to the security upgrades.

(2)(a) The Task Team’s Report did not make reference to the cost of individual houses in the police barracks. However, the investigation found that that the total cost of the South African Police Service (SAPS) and Department of Defence (DOD) needs, which includes accommodation, the Clinic, Park Homes, Helipads, etc., amounted to approximately R125 000 000.00. The cost of R6 million per individual house is not the result of an official departmental cost apportionment, and the department is also not aware how this amount was arrived at.

(2)(b) The finding was that the price for the mentioned items was probably inflated.

(3)(a) Steps have been taken to determine who was responsible for the irregularities, including the costs.

(3)(b) The officials who did not comply with Supply Chain Management (SCM) prescripts in the appointment of the contractors have been charged with misconduct and the disciplinary hearings are pending. The loss as a result of the over-design of the facilities/inflation of the price is claimed by the SIU from the architect, Mr. Minenhle Makhanya. The civil matter for the recovery is pending in the High Court.

 

Reply:

(a) Yes.

(b) Cabinet approved the new model for Solar Water Heaters on 24 June 2015. An Inter-Ministerial Committee on Energy will finalise the model.

Reply:

(1) With reference to question 89 of 10 March 2015 the response was adequately provided and was addressing the average cost of installing a Ventilated Improved Pit (VIP) latrine at the cost of R9 500.00 (Nine thousand five hundred) that includes the top and underground structure, health and hygiene education, project management cost and construction costs, whereas the response to question 619 of 6 March 2015 was with regard to the Bucket Eradication Programme.

(2) The name of the contractors who built the 57 toilets in Makana Local Municipality: Eastern Cape is Tyolumnqa Civils and Andile Plant Hire. Construction was completed between November 2013 and March 2014 and payment was made to the contractor. The contract went out on tender for the construction of 737 toilets.

(3) The names of the contractors who built the 363 toilets in Sol Plaatjie Municipality: Northern Cape are Reyoko Construction and Designs and LFP Trading. Construction was completed in July 2014 and payment was made to the contractor. The contract went out on tender for the construction of 954 toilets.

The Rural Household Infrastructure Grant (RHIG) provides dry, on-site sanitation at an average cost of between R9 500 (Single pit toilet) and R11 500 (Double pit toilet) however, variations may occur from province to province and may marginally increase the cost due to location of the project and the availability of materials which at times will be imported or transported from other provinces, if adequate stock is not available from local suppliers.

With regard to Water Borne Sanitation, the cost of providing a new toilet structure in urban and peri-urban areas is between R12 000 to R15 000. This does not include the water and sewer reticulation network and other direct or indirect cost associated with the project. This programme does not provide sanitation in rural areas.

Requesting the Honorable Member to clarify on the referred calculated average cost of building a toilet at the cost of R96 491.00 and R40 943.00.

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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) Students who graduated from the University of South Africa (UNISA) with a Bachelor of Social Work (BSW) before the programme’s accreditation status was changed to ‘not accredited’ by the Council on Higher Education (CHE) in June 2015, are not affected by the change. Therefore, only graduates in 2015 are affected but will be allowed to register with the South African Council on Social Service Practitioners. Students who are currently enrolled in the programme will be transferred to the new programme once accredited. The University has already commenced with the recurriculation of the programme and will submit the programme to CHE for accreditation before the end of 2015. No new enrolments in the BSW will be allowed at UNISA for 2016. Once new enrolments are allowed in 2017, current students will be transferred to the new accredited programme.

(b) The primary employer of BSW graduates is the Department of Social Development (DSD). The Department, DSD and UNISA met to discuss the implications of the de-accreditation. The primary employer is therefore aware of the processes going forward, with regard to the development and offering of a new accredited BSW at UNISA.

(c) Inadequacies are remedied through recurriculation. A communication and teach-out plan for current BSW students has been developed by UNISA. Transferring current students to other programmes, until the new BSW is accredited, is considered as an option. More resources will be allocated to the Department of Social Work at the University and additional staff will be headhunted.

(d) Sixteen BSW programmes were reviewed.

(e) Seven received full accreditation, five received accreditation with conditions, one with a notice of withdrawal, whilst three were de-accredited, including UNISA’s programme.

(f) The four primary concerns were about staff competencies, the theoretical underpinning and content of the programme, programme design, and the nature and extent of practical sessions in the programme.

 

 

Compiler/Contact persons:

Ext:

DIRECTOR – GENERAL

STATUS:

DATE:

REPLY TO QUESTION 3139 APPROVED/NOT APPROVED/AMENDED

Dr BE NZIMANDE, MP

MINISTER OF HIGHER EDUCATION AND TRAINING

STATUS:

DATE:

Reply:

(a) The Department currently has a total 984 invoices from private contractors that are unpaid for longer than 30 days.

(b) Refer to the attached Annexure A for a detailed list.

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Reply:

Yes, my Department launched an investigation into the allegations made by the residents (complainants) of Masimong 4 Estate, in Welkom.

(a) The Department received the complaint in March 2015 and concluded its preliminary investigation on 28 May 2015. The preliminary investigation (assessment) of the complaint was conducted by the Department’s Legal Advisory Services and Rental Housing Development Units. It included, amongst others, engagement with the complainants and Amohela Property Management.

(b) (i) It is important to note that the initial complaint focused on allegations of rental dispute and illegal evictions. The allegation of rental dispute was confirmed and it was found that conflicting/ different monthly rental fee structures were issued by Amohela Property Management and the Free State Department of Human Settlement.

This resulted in the complainants claiming not to know the correct and/or valid monthly rental fee structure.

(ii) The allegation of illegal eviction could not be substantiated by the complainants. However, my department discovered that the complainants were (only) threatened with evictions following their dispute with Amohela Property Management on monthly rental to be paid by the tenants/ residents, due to conflicting/ different rental structure which was presented to them.

(iii) The allegations of irregularities regarding the management of Masimong 4 Estate were referred to the department in July of 2015.

(a) The outcome of the preliminary investigation recommended that the matter be referred for forensic investigation.

(b) The matter, particularly the alleged irregularities in the management of Masimong 4 Estate, is a subject of a forensic investigation that is currently underway and conducted by the department’s Special Investigations Directorate. A detailed forensic investigation report will be submitted once the investigation is finalized.

Reply:

The National Upgrading Support Programme (NUSP) provides technical assistance to municipalities for the development of Municipal Upgrading Strategies and Programmes, Community Capacity Building Programmes, Livelihood Strategies and Settlement Upgrading Plans. To date 987 informal settlements have been assessed and categorised, 135 informal settlements are in process of being assessed and categorised, 334 settlement plans have been developed, 242 settlement plans are in process of being developed, 35 municipal strategies / programmes have been completed and 6 municipal strategies/programmes are in progress. An upgrading manual for human settlements practitioners have been completed, a dedicated NUSP website (www.upgrading.support.org) is operational and a monthly newsletter is being produced. An investigation on tenure options on tribal land is currently being conducted.

A budget of R70 million is allocated to the NUSP in the 2015/16 financial year. In terms of the project allocation, R12.4 million is committed to signed contracts, R29.6 million is in the process of being committed on approved projects, R10 million has been allocated for Technical Support and an amount of R5 million earmarked for implementation of the Capacity Building Programme. The total amount committed or in procurement process is R57 million. An amount of R7.7 million has been spent to date.

Reply:

(1) (a) The centre has not yet been opened because the construction is still in progress.

(b) The initial planned budget for the construction of the centre was R96 410 237.86

(2) Yes, the building development exceeded the originally proposed costs.

(a) The building costs was exceeded by an amount of R4 157 810.84

(b) The reason of exceeding the originally proposed building costs was due to an approved variation order for the extension of time which had cost implications.

(3) It is expected that the project be completed in September 2015, and will start admitting service users from 1st of November 2015.

 

Reply:

(a) The RFP was not specific on the anticipated number of beneficiaries to be enrolled. However, the costing template which was attached as an Annexure stipulated the number of 9 082 251, and it was on this basis that the bidders costed the service. During the finalization of the bid, SASSA confirmed with the service provider that there was no charge for the enrolment of 9 082 251 beneficiaries. When the contract was implemented, it was realized that enrolment of all beneficiaries, procurators and children would require more time than initially expected. The enrolment had initially been planned for all grant collecting adults (the 9 082 251 quoted) but the decision was made to include the re-registration of all children and procurators since SASSA and the service provider would have face-to-face contact with each person collecting a grant. It would have created serious hardship for social grant beneficiaries had we completed the enrolment of the 9 082 251 beneficiaries, and then still expect the same beneficiaries to return at a later date to re-register their children and procurators. The extension and the inclusion of the children and procurators at the same time that enrolment was taking place was agreed to in a management meeting held in June 2012.

It would have not made any business sense for the Agency to appoint another service provider to render this service, as this would have resulted in SASSA having disparate databases, something which the re-registration and enrolment process sought to eliminate at the first place. It should also be noted that in the original RFP, consideration had always been given to paying a separate fee for the enrolment and re-registration of beneficiaries – it was not originally expected to be included within the capped fee of R16, 50 per transaction. However, the service provider, who had budgeted to absorb the cost of bulk enrolment within the service fee quoted, indicated that, with the extension of both time and numbers, there would be a cost for the service. This cost was to cover his direct costs related to the payment of staff, overtime, transport, leasing of re-registration venues and hiring of tents in areas where there was a need to do so.

(b) Given the foregoing, the payment in question cannot be regarded as a transgression of the contract. The re-registration of all beneficiaries, children and procurators was part and parcel of the long term plan. However, the ability to implement this within the set time frame and within budget was found to exceed the practical limits which had been set, and approval was therefore given for the extension of time and resources to complete the project, with as little disruption and inconvenience to social grant beneficiaries as possible. Yes, the implementation of this exercise came at a cost but in terms of the long term benefits and safeguarding the integrity of the social grant payment system, this exercise will provide the benefits will far outweigh the initial costs, as the Agency managed to accrue savings of R3.2 billion in the 2013/14 financial year for Government.

Reply:

(1) Yes, the Water Tribunal has started with their work. There are no finalized cases. However, the Water Tribunal had its first hearing on the 22 July 2015 to 24 July 2015 and the cases were not finalised and were postponed to 27 August 2015 to 28 August 2015.

(2)(a) As at August 2012 when the Water Tribunal term of office came to an end a total of 124 cases were outstanding.

(2)(b) The Department currently has a total of 313 outstanding cases.

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Reply:

The Department initiated a sector-wide service delivery improvement process. This initiative enables the Department and its entities to engage directly with beneficiaries of its services. This will allow the Department and entities to identify any regulations that hinder the effective delivery of services on the ground and come up with plans to address such.

Reply:

National Treasury has not yet approved my Department’s request for rollovers of R1 600 899 000 for Programme 1, 2, 4 and 5; and R1 557 184 000 in respect of each economic classification from the 2014-15 to the 2015-16 financial year.

National Treasury will only communicate the outcome of the rollover process on or before 11 September 2015 through the approved allocation letters as per the Guidelines of 2015 Adjustment Estimates of National Expenditure.

The non-approval of the requested rollover funds will necessitate the need for my Department to reprioritise the existing allocations for 2015/16 financial year within the programmes. This will result in the rescheduling of some of the infrastructure projects earmarked for the current year.

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Reply:

The methodology for Tourism Satellite Accounts (TSA) is only developed to monitor the contribution of the tourism sector to the economy on a national level. Noting that tourism, and the management thereof, is of particular interest to policy makers and government structures on a sub-national level, the United Nation’s World Tourism Organisation (UNWTO) embarked on a process to develop Tourism Economic Accounts (TEA) that will allow for similar information on a lower level of geographic disaggregation.

This will take a number of years as there is no agreed international framework or standard. The development of provincial TEA is driven by UNWTO which produced a provisional set of concepts and definitions in May 2015. This is currently open for global consultation until September 2015.

Reply:

1. The nine provincial substance abuse fora; are situated at each provincial Department of Social Development (in nine provinces of the country); which are: Eastern Cape (Bisho), Gauteng (Johannesburg), Free State (Bloemfontein), Northern Cape (Kimberly), Mpumalanga (Nelspruit), Kwa-Zulu Natal (Pietermaritzburg), Northwest (Mafikeng), Limpopo (Polokwane) and Western Cape (Cape Town) provinces. The Secretariat function of all the nine Substance Abuse fora resides within the Department of Social Development as it leads the coordination of the forums.
2. Yes, the Central Drug Authority (CDA) has a plan of action to encourage the

Government departments, private institutions, Provincial Substance Abuse Forums and Local Drug Action Committees to compile strategies to address substance abuse in line with the goals of the National Drug Master Plan 2013 – 2017 (NDMP). The CDA has on an ongoing basis guided the above mentioned structures to develop and implement strategies to address the scourge of substance abuse within respective areas of operation. These strategies focus on Demand Reduction, Supply Reduction and Harm Reduction. The CDA has also visited Provincial Legislatures in some provinces (Eastern Cape and Gauteng) in order to solicit political support in the implementation of the National Drug Master Plan 2013-2017. CDA is still awaiting the response of other provinces in this regard.

Government departments, Provincial Substance Abuse Forums and the Local Drug Action Committees submit their six monthly and annual reports to the CDA in accordance with their Drug Master Plans.

3. In 2011, the CDA held the 2nd Biennial Summit which was preceded by provincial summits and a house- hold survey. CDA used the information and facts gathered together with resolutions of the summit to develop the National Drug Master Plan 2013-2017. The resolutions of the summit were further used to develop an Integrated Anti-Substance Abuse Programme of Action. Subsequently, the CDA focused on the preparation for the 3rd Biennial Anti-Substance Abuse Summit, which is envisaged to take place in the 2015/2016 financial year. This planned summit will review the past resolutions.

An evaluative study was conducted on Ke Moja education and awareness programme, and the findings were used to review this programme. CDA held a Substance Abuse Treatment Symposium, with a view of developing treatment strategy which will guide the development and implementation of standardized treatment programmes. Community Based Services Model, After Care and Reintegration Model, Anti-Substance Abuse Prevention Model for adults and Treatment Model; were developed based on the current situation in the country. Annually CDA compile a report to inform government interventions to combat substance abuse.

Reply:

Requesting the Honourable Member to refer the question to the Minister of Corporative Governance and Traditional Affairs who is in a better position to respond to issues relating to the eThekwini Municipality.

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Reply:

1. (a) No training provider appointed

(b) (i) The costs are not known at this stage

(ii) Under normal circumstances, the RPL process takes 12 months, but for this group the period has not yet been determined

(2) Same as (ii)

(3) The main aim of conducting RPL is to eliminate unnecessary repetitions and duplication in the training programme. The Masupatsela Youth Pioneers have already undergone some form of training. The SAQA guidelines on RPL clearly specify that it should be embedded within broader personal development and career path. It is for this reason that the Masupatsela Youth Pioneers will undergo the RPL process first before the commencement of training.

(4) As stated earlier, the main of conducing RPL is to provide the Masupatsela Youth Pioneers with accredited training to enhance their skills and knowledge, as well as improve career development and open access to better job opportunities even outside the social sector.

Reply:

The Honourable Member must refer to my previous replies to questions 727 on 30 April 2015 and questions 952, 1011 and 1596 on 26 May 2015. Partnerships for Social Development present many opportunities. They allow different sectors of society to have access to the comparative advantages of their partners. Again, international cooperation is becoming increasingly important in development because of growing trans-border challenges and major population movements.

The Department is therefore involved in a number of bilateral and multilateral engagements where South Africa is both a partner and a member. The country and Department in particular benefits from these international partnerships through capacity building, development support and information exchanges. The Department regularly conducts an overall assessment of partnership arrangements which focus on long-term view that goes beyond short-term financial goals Partnership often exact large costs in time, energy and financial inputs otherwise known as high transaction costs. Given the importance and desirability of foreign partnerships, high transaction costs are often unavailable. The Department while engaging with partners fully considers benefits on costs, short term versus long-term implications and potential impact of social development.

 

Reply:

(a) Raw and untreated sewerage is caused by many factors such as skills shortages in municipalities, aging and overloaded infrastructure and lack of maintenance. My Department is responding to this threat by implementing programmes such as Regional Bulk Infrastructure Grant, Municipal Water Infrastructure Grant and Accelerated Community Infrastructure Programme. In addition, the Green and Blue Drops reports are compiled annually to provide an indication on the level of compliance of wastewater treatment works and whether conditions of authorisation are met. Furthermore, my Department provides the necessary support for the implementation of the recommendations in the reports. The discharge of raw or partially treated sewage into the water resource is treated as a pollution incident and my Department has enforcement measures that are taken in order to ensure that mitigation measures are implemented by the wastewater treatment owner to address and minimise the pollution.

(b) Yes, for the period in question, my Department had and continues to maintain stringent measures for the protection of water resources (and the general environment) from mining, agricultural and industrial impacts. In this regard, my Department has invoked principles of the National Water Act, 1998 (Act 36 of 1998) to ensure that mines, agriculture and industries take measures to ensure unauthorised mining, agricultural and industrial-impacted discharges are terminated or treated to a suitable standard before discharging to the environment. Furthermore, my Department has implemented mega civil projects to ensure that mine water (acid mine drainage) in Gauteng is mitigated. My Department’s ongoing regulation and enforcement measures will ensure that any current and future mining, agricultural and industrial impacts on the water resources are adequately addressed.

With regard to Agriculture, my Department has during this period embarked on continuous compliance monitoring for agricultural water use activities and annual targets are set on the Annual Business Plans; furthermore my Department through water use authorisations instructs agricultural water users to exercise good farming practices such as using strip vegetation within a 50 year flood line of the river to prevent run-off with pesticides or fertilisers from polluting the resources.

My Department also instructs water users to comply with all water use license conditions, which include conditions for the prevention of contaminants from polluting streams, rivers and groundwater, as set in the respective entitlements through audits.

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Reply:

(1)(a) A total of 800 persons have started receiving training in July 2015 and as from September a further 2200 persons will start receiving training.

(1)(b) The trained persons will start working after completion of their 36 months / 3 years training programme .Water Agents that will be trained will complete their training after ten months and could start working thereafter.

(2)(a) Below is the breakdown of the15000 to be trained in the financial year 2015-16:

15000
Trades and quantities	Plumbers	Artisans	Water agent
	7500	5000	2500

(2)(b) Below is the breakdown of the 3000 to be trained in the financial year 2015-16:

3000 Phase 1 FY – 2015/16
Trades and quantities	Plumbers	Artisans	Water agent
	1500	1000	500

-2-

(3)(a) The unemployed young people will be trained at various EWSETA accredited training institutions, TVETS(Technical Vocational Education and Training), municipalities and water boards in the nine provinces.

(3)(b) Artisans will be trade tested Artisans at the end of the training period, Water Agents will receive a qualification that is comprised of unit standard bearing credits to enable them to build up this basic qualification into a higher qualification. Plumbers will receive formal plumber qualifications from the respective accreditation bodies.

(4) My Department will fund this project over the 5 year project period through the Medium Term Expenditure Framework (MTEF).

(5) Yes, my Department has other plans to curb the high level of water losses in the country. There are initiatives such as the following:

  (a)The “No Drop” regulatory programme, which serves as a guideline for municipalities to develop strategies, plans to reduce water demand, water losses and non-revenue water.

  (b)  Campaigns to educate the public on the scarcity of water and also to encourage water conservation and demand management.

   (c) Training programme for councilors to institutionalise water conservation and demand management within the municipalities.

  (d) Municipal Self-Assessment System, which the municipalities use to conduct self-assessment in various areas including water conservation and demand management.

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Reply:

(a)  The City of Johannesburg Metropolitan Municipality does not have plans to upgrade the Eikenhof informal settlement because of the dolomitic soil conditions in the area, which makes not suitable for development.

(b) The City of Johannesburg Metropolitan Municipality resolved in 2005 that the qualifying beneficiaries of Eikenhof informal settlement will be relocated to the Lehae project. From 2012/13 a total of 175 beneficiaries from Eikenhof have been allocated houses and subsequently relocated to Lehae. As more houses are completed, beneficiaries will be relocated to Lehae.

Reply:

Section 3 of the Public Audit Act (hereinafter referred to as “PAA”) provides that the Auditor-General (hereinafter referred to as “AG”):

• Is the supreme audit institution in the Republic;
• Has full legal capacity, is independent and is subject only to the Constitution and the law, including the PAA;
• Must be impartial and must exercise the powers and perform the functions of the office without fear, favour or prejudice; and
• Is accountable to the National Assembly.

From the above, it is abundantly clear that the AG is an independent institution which performs its functions in terms of the PAA and is accountable to the National Assembly. It would therefore be appropriate for this question to be addressed to the National Assembly or the AG directly.

The Municipal Finance Management Act (hereinafter referred to as the “MFMA”) places the responsibility on a municipality to disclose information correctly and to ensure that there is transparency when it comes to the financial affairs of the municipality. Specifically, section 61(1)(a) of the MFMA places a fiduciary responsibility on the accounting officer to act with fidelity, honesty, integrity and in the best interest of the municipality in managing its financial affairs. Section 122(1) of the MFMA also provides that every municipality and every municipal entity must prepare annual financial statements (AFS) for each financial year which amongst others, disclose the information required in terms of sections 123, 124 and 125 of the Act. Section 125 (2)(d) of the MFMA requires the municipality to disclose particulars in the notes to its AFS of “any material losses and any material irregular or fruitless and wasteful expenditures, including in the case of a municipality, any material unauthorised expenditure, that occurred during the financial year, and whether these are recoverable.” From the legislation it is clear that the responsibility to make the necessary disclosure vests with the municipality and any non-disclosure of material amounts in the AFS should be explained by the municipality concerned.

Reply:

(a) The department does not define red tape but certainly believes in business efficiency. With regard to business process management, the Department and SA Tourism regularly review business processes to introduce improvements where necessary.

(b)(i)(aa)(aaa) Not applicable

(b)(i)(aa) (bbb) Not applicable

(b)(ii)(bb) (aaa) Not applicable

(b)(ii)(bb)(bbb) Not applicable

Reply:

Currently the office of the Chief Procurement Officer does not have a record of all procurement disputes. Therefore it is not possible to quantify the amount lost through procurement disputes.

As part of our Public Sector Supply Chain Management Reforms, a reporting framework is being developed. Disputes, among many other reporting requirements, will be published periodically. This will be progressively implemented in the next two years. However, starting from the end of September 2015, basic SCM reporting will be introduced quarterly.

Reply:

1. As per the response to question 2633, the camera equipment installed on the GFIP system complies with the technical requirements of SANS 1795, Part 5 on data capturing and recording devices for road traffic law enforcement.
2. In terms of Section 22 of Legal Metrology Act, Act 9 of 2014, the Minister is referring to the vehicle classification system as stated in the previous response

Reply:

1. 9821 marriages.
2. For accurate information the Honourable Member is referred to the Department of Justice and Constitutional Development who is the custodian of finalising divorces.
3. No.

Reply:

(a) Minister had undertaken 6 international trips since Minister’s appointment until 3 August 2015.

(b) 

(i) London, Gaborone, Swaziland, Mozambique, USA and China

(ii) South African Airways

(iii) 2 economy and 4 business class flights

 

 

MR NN MUNZHELELE

DIRECTOR GENERAL [ACTING]

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI (MP)

MINISTER OF COMMUNICATIONS

DATE