Questions and Replies

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:

(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:

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:

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) 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:

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:

(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:

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:

(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:

 (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:

(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:

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 N2 extends for roughly 190 km between Mthatha and Kokstad. On this section safe passing opportunities have been provided over approximately 150km, particularly between Mthatha and Mount Frere, and between Mount Ayliff and Kokstad. Between Mount Frere and the Ngcelweni river, 40km north of Mount Frere, the N2 is of an older standard but design is in progress to upgrade this section which will include the provision of passing opportunities.

(b) Fencing of the N2 reserve boundaries was upgraded during construction and thereafter maintained through routine maintenance projects. The South of Brooks Nek fencing has recently been upgraded as part of a construction project. Fencing between Qumbu and Mount Frere is being upgraded over 37km as part of a construction project. Furthermore, about 33 km of fencing will be upgraded under the future construction project in the Southern side of Qumbu.

Vandalism and theft of fencing components is an ongoing challenge, as is the control of the closure of gates. The non closure of gates results in the entry of animals into the road reserve and then being trapped in a fenced corridor. The Provincial Department of Transport have introduced rangers to patrol the roads for the purpose of controlling stray animals.

(c) The N2 is considered to be a mobility road and the location of trading facilities should be considered with caution as it introduces additional turning movements with the associated reduction of the safe operation of this high speed mobility road. Such facilities are best located on lower speed access roads which operate under lower traffic volumes and speeds. Additionally it should be noted that trading on public and national roads are controlled under legislation.

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 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:

(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:

(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) (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.

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:

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) 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:

(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:

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:

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:

The matter is being dealt with.

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:

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) 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:

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:

(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:

(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:

(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) 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:

(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 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) 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) 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:

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:

(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