Questions and Replies

Reply:

The Department and its entities do not sit and define “red-tape”. However, they have mechanisms to deal with unnecessary delays in their operational processes such as regular reviews of rules, regulations, protocols and legal framework to improve effectiveness and efficiency in achieving our outcomes.

Amongst others, I would like to refer the member to annual reports, strategic plans and quarterly reports of the entities and the Department.



END

Reply:

(a) Yes, the Vredefort Interpretation Centre was designed to include a reception area for visitors. An amount of R11,7 million was budgeted for the Vredefort Interpretation Centre but was not completed due to the structural defects on the building and a budget shortfall. According to an independent engineer, the main building (interpretation centre) started to show cracks, leaks and structural defects as a result of the weak panels supporting the structure which would endanger the lives of any person entering the building.

The project proposal was prepared in 2004 and the cost norms and standards applicable at the time were used to determine the project budget. The actual construction work only commenced in 2006 which under normal circumstances would have included escalation to accommodate increased costs. The allocation of budget by the department did not take into account the time lapses and associated cost escalations.

The project was implemented in two phases and the building in question was one of the many deliverables. The building was done in phase 1 and the budget for the project included other deliverables such as stalls, kitchen, ablution block, fencing, bulk electricity and water supply.

(b) No, the Department of Tourism is in the process of completing the project.

(i) Falls away

(ii) Falls away




END

Reply:

(1)&(2) The information requested is depicted in the Table hereunder:

Defence Attaché Residents	Total Expenditure FY 14/15	Rental	Household Furniture	Municipal Services
43	32 228 545.00	27 143 511.00	105 480.00	4 979 554.00

 

 

END


 

Reply:

The Advisory Panel as announced in 2010 met formally on 25 May 2010, 14 July 2010 and 16 January 2011 to provide advice and information relevant to the conclusion of the New Growth Path policy document of government as well as on ways to step up industrial funding, promote the green economy and develop pro-employment measures.

After the completion of this first phase of the Panel’s work, from which we benefitted in a number of ways, I engaged with individual members of the Panel on an ‘as needed’ basis on matters connected to economic development.

These included engagements on a number of occasions with Professor Joseph Stiglitz on matters as diverse as global economic developments relevant to South Africa; and on the terms of the final submission of a competitor supplier fund proposal to the Competition Appeal Court in the Walmart merger. In this latter instance, this contributed to the final decision of the Court to impose a R240 million Fund to promote the Walmart local and small-business supply chain.

In addition, I have benefitted from the insights of Michael Power on the emergence of new economic powers; the changing role of China and its impact on the global economy; and the trade-offs inherent in different exchange-rate policies, among others.

Other members of the Panel provided their insights on contemporary economic policy matters as requested from time to time.

-END-

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the City of Tshwane to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.



END

Reply:

The formulae for the calculation of prices under the Price Preference System for scrap metal is detailed and can be found as follows on the ITAC website:

Government Gazette no 37992 Notice Number R714 published on 12 September 2014 can be accessed at http://www.itac.org.za/upload/gg37992_nn714.pdf

ITAC’s Report No 490, Review of the Discount Rates in the Price Preference System for Ferrous and Non-Ferrous Waste and Scrap, which may be accessed at http://www.itac.org.za/upload/Report%20No%20490.pdf .

Whilst a formal impact study is scheduled for April 2016, the Department monitors the impact of the regulations on the level of exports of scrap metal.

-END-

Reply:

All citizens have the responsibility to report cases of fraud and crime to the South African Police Services. The Honourable Member is encouraged to do the same. The Police will investigate and if there is sufficient evidence, they will arrest those who commit these crimes. The Courts are tasked with the responsibility to test the evidence and pass judgement regarding those who are found guilty.

END

Reply:

During the period from 1 January 2014 until 15 September 2015, a total of 18 days were spent outside the country (excluding travel time) on official trips to the United Kingdom, Indonesia, the United States and Switzerland, to meet investors or to showcase examples from South Africa to other policy-makers.

In the course of such engagement, both parties normally share national experiences. The observations of the experience of other countries help to shape the refinement and implementation of our policies. In none of these cases did we take an existing policy or practice from another country and simply implement it, which limits the assessment of their impact on our domestic economy.

Investor feedback has been helpful however in confirming the value of actions taken in respect of the export of scrap metal, the renewable energy programme and the shift of focus of skills training to technical and artisanal skills. In addition, valuable insights have been gained on the importance of infrastructure investment for economic development.

-END-

Reply:

The Department of International Relations and Co-operation does not extend invitations to Presidents.

 

 

END

Reply:

Red tape is typically defined as rules, regulations and/or official procedures and processes which are excessively complex and which impose unnecessary delays, inaction and/or costs which exceed their benefits and/or is no longer effective in achieving the purpose for which they were originally created.

There are three areas of red-tape reduction relevant to the Department:

• Internal red-tape
• Red-tape in the Department that affects members of the public and
• Red-tape outside the Department (entities and other government bodies) that affect the public and indeed the effectiveness of government itself.

To address internal red-tape that back-office functions (eg IT, Finance, Supply-chain or Human Resources sections) impose on front-line parts of EDD, a user-survey has been introduced in the current financial year and it is helping to reorient the back-office sections to becoming outcome-driven. Unnecessary requirements are being eliminated.

Because the Department does not render a range of public services that require adherence to regulations and rules, the scope to decrease red-tape for the public is limited.

To address red-tape outside the Department, EDD has undertaken the following:

a)     Training to officials in Tshwane, Nelson Mandela Bay and Ekurhuleni Metros on red-tape reduction and the implementation of the new impact-assessment tool, namely the Social and Economic Impact Assessment (SEIAS)

b)     Ministerial engagement with entities to review their internal processes and make these simpler and more effective. These have assisted to set maximum timeframe targets for consideration of applications and a dashboard against which entities report on their adherence to these targets

c)     Support to unblock regulatory approvals by other Departments, for example on expediting water-use licences and environmental impact assessments.

The Industrial Development Corporation has revised its internal processes to address and finalise decisions on non-complex funding applications. This has assisted to bring down the waiting periods considerably.

ITAC has reviewed its tariff investigations regulations and redrafted its questionnaires to make them clearer and reduce the burden of unnecessary information. Turnaround times for tariff applications have been redesigned and these are now much swifter that before.

The Competition Commission has set performance targets to expedite consideration of mergers and cartel investigations.

The Competition Tribunal has simplified its procedures for non-lawyers, including through a ‘frequently asked questions’ section on its website, a consolidation of rules and procedures for easy reference and by making facilities available to unrepresented individuals at hearings (including through advice from Tribunal members on procedure and a pro bono arrangement negotiated with one of the Law Societies).

-END-

Reply:

The Department of Energy’s processes are subject to due diligence that is informed by the Public Financial Management Act of 2000, The Treasury Regulations and the National Treasury instruction notes. These are to ensure transparency, accountability and compliance and cannot be regarded as bureaucratic processes.


END

Reply:

ALEXKOR:

Dates travelled: 28 March 2014 to 03 April 2014

(a) Chairperson

(b) Chief Executive Officer and Chief Legal Officer

(c) None

(i) To explore and source funding on a potential collaboration project relating to Alexkor’s

diversification strategy.

(ii)    (aa) R231,475       TOTAL

        (bb) R167,961       Flights

R 63,514 Accommodation

R NIL Allowance

DENEL:

Dates travelled: 01 to 07 December 2014

(a) None

(b) Group Executive Business Development

(c) None

(i) Represented Denel as part of Presidential visit, combined with a follow-up visit to

the UAE and Saudi Arabia on business projects.

(ii) (aa) R 69 300.00 TOTAL

     (bb) R 45 000.00 (ESTIMATE) Flights

R 18 500.00 Accommodation

R 5 800.00 Allowance

 

Dates travelled: 27 to 29 August 2014

(a) None

(b) Group Executive Business Development

(c) None

(i) Represented Denel as part of the official Defence Committee meeting and to

meet on Denel business with Poly Technologies.

(ii) (aa) R 56 300.00 TOTAL

     (bb) R 45 000.00 (ESTIMATE) Flights

R 8 500.00 Accommodation

R 2 800.00 Allowance

SAFCOL:

Dates travelled: 09 to 15 January 2015

(a) Chairperson

(b) Chief Executive Officer and Chief Operations Officer

(c) District Manager

(i) The purpose of the trip was to visit China FOMA, a Chinese State Owned

company with the aim of exploring mutually beneficial projects.

(ii) (aa) R200 654.46 TOTAL

     (bb) R139 525.56 Flights

R NIL Accommodation

R 61 128.90 Allowance

SA EXPRESS:

a)  None
b)  None
c)  None
(i) R0
(ii)   (aa) R0
       (bb) R0

TRANSNET:

Two members from the Acquisition and Disposals Committee (a sub-committee of the Board) accompanied by five members of Transnet’s Executive Management travelled to China to, inter alia, confirm the facilities of locomotive bidders, commission locomotive prototypes and meet Transnet employees who were spending long periods of time in training and capacity building initiatives in China in line with the skills transfer clauses in the contract.

Approximately 185 trainees have been exposed to the training as a consequence of the locomotive contracts in China.

All costs related to such travel are capitalised as per the contract and are included in the cost of the contracts as announced.

ESKOM:

(a) No board member travelled to China in the 2014-15 financial year.

(a)(i) Not applicable.

(a)(ii)(aa) Not applicable.

(a)(ii)(bb) Not applicable.

(b) Yes, 1 executive member travelled to China in the 2014-15 financial years.

(b)(i) The executive member travelled to China to attend the Annual GO2015 (organization for

large power grid operators, in excess of 50GW).

(b)(ii)(aa) R42 658.83.

(b)(ii)(bb)

Flight ticket	Transport	Accommodation	Meals
R33 482.00	R0	R2 675.83	R6 501.00

(c) Yes, 23 employees travelled to China in the 2014-15 financial years.

(c)(i)

The following employees travelled to China for the following purpose:

Employee	reason for trip
1	Observe supplier audit
2	Department of Trade and Industry(DTI) outward mission
3	Factory evaluations
4	Intergovernmental meeting
5	Observe supplier audit
6	Factory Acceptance Testing for equipment for Ingula
7	Observe supplier audit
8	Factory accreditation
9	Attend DTI Nuclear Energy Investments
10	Official Visit – Accompanying Minister of Energy
11	Factory Acceptance Testing for equipment for Ingula
12	Global efficiency lighting forum
13	IMWA conference in China (sponsored)
14	Factory accreditation
15	High Voltage (HV) testing
16	Executive Committee + Conference
17	IHA board meeting
18	Factory Evaluations
19	Accompany Minister of Energy on an official visit
20	Observe Supplier Audit
21	Accompany Minister of Energy on an official visit
22	Factory evaluations
23	Accompany Department of Energy

(c)(ii)(aa) R 552 254.44

(c)(ii)(bb)

No of Employee	Flight ticket (R)	Transport (R)	Accommodation (R)	Meals (R)	Total (R)
1	13 946.17	0	8 650.00	2 265.13	24 861.30
2	16 440.78	440.00	26 060.00	327.03	43 267.81
3	6 616.00	0	9 968.12	217.62	16 801.74
4	16 061.39	0	17 169.78	1 380.20	34 611.37
5	13 946.17	0	8 650.00	2 007.05	24 603.22
6	11 144.00	0	4 861.52	1 166.82	17 172.34
7	13 946.17	3 315.00	8 650.00	2 355.80	28 266.97
8	31 611.00	1 060.20	7 138.36	236.84	40 046.40
9	11 899.00	0	6 251.60	285.65	18 436.25
10	16061.39	0	4652.90***	0	20 714.29
11	10 706.00	0	8400.00	1 034.00	20 140.00
12	*	*	*	*	0
12	**	**	**	**	0
14	13 343.00	0	9560.00	0	22 903.00
15	6 616.00	4 635.60	7 112.54	743.69	19 107.83
16	9 177.00	396.94	10 596.68	815.35	20 985.97
17	13 528.00	0	22 881.99	0	36 409.99
18	6 616.00	0	8 605.35	535.68	15 757.03
19	16 061.39	0	17 169.78	1 436.93	34 668.10
20	13 946.17	0	8 650.00	0	22 596.17
21	16 061.39	0	17 169.78	1 596.20	34 827.37
22	6 616.00	1 095.72	9 579.60	5 415.70	22 707.02
23	16 061.39	0	17 169.78	139.10	33 370.27
TOTAL	280 404.41	10 943.46	238 947.78	21 958.79	552 254.44

*Sponsored by UNEP

**Sponsored by UFS

***This amount was deducted from the employee’s salary.


END

 

Reply:

REPLY:

1(a) The total amount her department spend on air travel between Gauteng and Cape Town for employees attending Parliament business in the 2014-15 financial year were as follows:

• 2014/2015: R 439 893.90

1(b) the total number of trips that were undertaken was as follows;

• 2014/2015: 75 Trips

 

2(a) the total amount that her department spent on accommodation was as follows:

• 2014/2015: R 210 542.21

2(b) the total amount that her department spent car rental in Cape Town for employees attending Parliament business in the specified financial year were as follows

• 2014/2015: R 115 795.21

END

Reply:

The Office of the Chief Justice received its own budget vote with effect from 1 April 2015. I can report that to date the employment equity rate for the employment of persons with disabilities in the Office of the Chief Justice is at 1.2% which is below the national target of 2% by 0.8%.



END

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the uMshwathi Local Municipality to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.

END

Reply:

The Department does not manage the affairs of any university and the following responses to the above questions have been obtained from the Central University of Technology (CUT):

1. The success rate of the Emergency Medical Care (EMC) programme is currently below 50% compared to the university average of 76%. Ten students graduated on 4 September 2015 with the Diploma in EMC with 87 students at years two and three levels in the programme.
2. No student protests have occurred, however some of the students reported the challenges experienced in the programme to the media. The Deputy Vice Chancellor: Academic and Research, Acting Dean and Head of Department (HOD) engaged with the students and staff to discuss and put strategies in place to address the concerns raised by students and staff.
3. Yes, the university is aware that the life of Mr RG Campbell, one of the lecturers in charge of one or more of these courses, has been threatened. The University has put processes in place to deal with the matter according to its internal policies.
4. Yes, the university took cognisance of this petition and alleged false pretences. The Dean, HOD and Director of Human Resources have had several engagements with the particular staff member and students. This matter has been resolved and the lecturer has continued lecturing from July 2015.
5. The following interventions were implemented by the university during 2014/15:

• A task team was established to monitor the EMC programme at a strategic level for the period January to June 2015;
• Accreditation by the Professional Board for Emergency Care;
• Appointment of an Internal Review Panel;
• Improvement of the staffing situation in the EMC programme;
• Strengthening of student academic support;
• Increase in the effectiveness and efficiency of the Work-Integrated Learning programme to ensure that sufficient placement opportunities for students are secured;
• Improvement in communication structures;
• Regular meetings between CUT and the Professional Board;
• Interventions by Senate; and
• Regular interventions by university management.

END

Reply:

The information on international visits undertaken by both the Minister of Defence and Military Veterans and the Deputy Minister of Defence and Military Veterans are contained in the Annual Report that was tabled in Parliament.


END

Reply:

(1)(a) The Cybersecurity Awareness Implementation Plan was developed internally by DTPS. It must be noted that Cybersecurity Awareness Implementation Plan is informed by the Cybersecurity Awareness Strategy of 2012 which was developed in consultation with stakeholders that included academia, the Internet Service Providers’ Association, the Wireless Application Service Providers Association and civil society.

(b) The Plan was developed in-house utilising internal skills and resources. Other than the internal resources, the Cybersecurity Awareness Implementation Plan did not have any additional costs.

(c) The details of the Plan focuses on the following four broad channels: Public Relations, Advertising, Stakeholder Communication and Social/Community mobilisation.

(d) The strategy will be implemented in phases. The strategy entails mass communications.

(e) The Department will leverage GCIS’s bulk buying power to maximise the impact of the rollout of the Cybersecurity Awareness Programme.

(f) The budget for this media strategy is R1 869 600.00 for this Financial Year.

(g) (i) In line with the JCPS Cluster outcome 3, the objectives of the media plan are to ensure that all people in South Africa are and feel safe; to influence South Africans to be vigilant about practicing safer online habits; and to provide the public with resources, tips and tools to adopt safer online behaviour. ii) Deliverables over the Medium Term Expenditure Framework are subject to budget availability. The primary target will be private sector, public sector and communities (school children, youth, and parents).




END

Reply:

The information requested by the Honourable Member is not readily available within the Department. We are, however, still investigating the matter and the Honourable Member will be provided with the requested information as soon as we get it.


END

Reply:

1. (a) (b) No
2. The Department of Public Service and Administration (DPSA) policy provides that all employees shall declare all remunerative work done outside the department and the Head of the Department shall approve.

Approved/not approved

Adv N.A Ramatlhodi

Minister of Mineral Resources

END 

Reply:

1. (a) (i) Spent on travel                          R184 543.72

              (ii) Trips undertaken                        27 trips

          (b) (i) Total amount spent on hotel       R0.00

              (ii) Total amount spent on residential or other accommodation:

                     (aa) Cape Town R0.00

                     (bb) Pretoria R0.00

 

     2.   (a) (i) Deputy Minister spent on travel    R160 358.38

               (ii) Trips undertaken                         25 trips

           (b) (i) Total amount spent on hotel         R0.00

               (ii) Total amount spent on residential or other accommodation:

                        (aa) Cape Town R0.00

                        (bb) Pretoria R0.00

END

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the North West Provincial Government to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.
 

 

END

Reply:

1.   Eskom’s financial issues are responsible for load shedding in as far as limited funding for maintenance and restrictions on diesel purchases for Open Cycle Gas Turbines are concerned.

​2.  In the main load shedding has been caused by maintenance deferred in the past which resulted in a backlog of maintenance and decline in plant reliability.



END

Reply:

1. There is no need for scientific facts to validate the response provided in my reply to question 2649. The response is validated by the fact that all schools in South Africa teach English, either as a first language or second language, whilst other African languages, including Afrikaans, are also taught as a first or second language, depending on the geographical area or school types. This therefore makes English a common or cross cutting language for all matriculants entering University, something that cannot be said for all other African languages. As mentioned previously, this does not detract from the development of all African languages, which is a necessary process. The fact that some students are not proficient in English is a separate matter, however the fact remains that they have been exposed to English in comparison to other African languages.
    
2. I would like to indicate that a similar parliamentary question, published in internal question paper no. 25 of 2014, was posed to me. Therefore, the honourable member should refer to my response to question 2319 of November 2014.

END

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the Elias Motsoaledi Municipality to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.




END

Reply:

(1) (a) The Department spent R2 424 728 on air travel for a total of 62 employees attending Parliament business on different occasions during that financial year.

     (b) Undertook 31 trips.

(2) (a) Spent R339 663 on accommodation

     (b) Spent R41 200 on car rental

 

END.

Reply:

(1)(a) (i) The Department spent R479 694 on my air travel costs between Pretoria and Cape Town for the 2014/15 financial year; and R508 844 for car rentals, which comes to a total of R988 538;

        (ii) I undertook 47 trips between Cape Town and Gauteng to attend Parliamentary business in Cape Town for the specified financial year;

(b)(i) I spent R32 023 on hotel accommodation; and

   (ii) regarding residential and other accommodation, this information is not readily available, as I live in my own house in Pretoria, Gauteng when in Pretoria; and I live in the Parliamentary Village in Cape Town when in Parliamentary session in Cape Town.

(2)(a)(i) Regarding the costs of the Deputy Minister of Justice and Constitutional Development, the Department spent an amount of R202 926 on air travel for 2014/15 and R154 662 for car rentals, which comes to a total of R357 588;

(ii) 67 trips were undertaken between Cape Town and Gauteng by the Deputy Minister of Justice and Constitutional Development;

(b)(i) An amount of R972.00 was spent on hotel accommodation for the relevant Deputy Minister; and

(ii) regarding residential and other accommodation, this information is not readily available, as the Deputy Minister of Justice and Constitutional Development lives in his own house in Gauteng; and he lives in the Parliamentary Village in Cape Town when in Parliamentary session in Cape Town.


END 

 

Reply:

(a) (i) The department spent R275, 905 on travel costs between Gauteng and Cape Town in the 2014-15 financial year for the Minister.

(ii) The Minister undertook 27 trips between Gauteng and Cape Town in the 2014-15 financial year

(b) (i) (aa) Not applicable.
(ii) (aa) Not applicable.

(i) (bb) Not applicable.

(ii) (bb) Not applicable

Approved by the Minister on
Date: 18/09/2015

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the Elias Motsoaledi Municipality to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.





END

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the Eastern Cape Provincial Government to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.




END

Reply:

a)     The Commercial Crimes Investigation Units are currently investigating Common law and Statutory Crimes relating to Fraud, Electronic Banking Crimes , Municipal Fraud, Theft ,Corruption ,Money Laundering ;Counterfeit Goods Act , Prevention Of Organised Crime Act; Exchange Control Regulations Act ;Companies Act; National Credit Act; Forgery and Uttering; Advanced Fee Fraud ;Copyright Act; Customs & Excise Act, Electronic Communications and Transactions Act, Income Tax Act, Tobacco Control Amendment Act, Tobacco Products Control Act, Value Added Tax Act ;Social Assistance Act.

b)      A total of 4726 cases are currently in court.

Reply:

MINISTER RESPONSE:

The Department and Entities reporting to the Minister have, to the best of my knowledge, not officially complained or reported any red tape.


END

Reply:

A total of 11 224 applications were received between September 2013 and June 2015. Of these,

• 10 571 were approved
• 374 are pending or have been withdrawn (in part because a local buyer has been found or the application does not meet the requirements for an export licence) and
• 279 have been declined.

These figures exclude any successful voluntary negotiations between sellers and local industry, made in anticipation of the conditions applicable through the Price Preference System.

-END-

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the City of Tshwane to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.



END

Reply:

This question can better be responded to by Rural Development and Land Reform as the competent authority.





END

Reply:

1. The proposed new route of the N11 through and/or around Ladysmith, Kwazulu-Natal is in the basic planning phase.  Prior to finalizing the route - including the land required - an environmental impact assessment will be undertaken to establish the feasibility of the various options (route locations).

(a)                        As such, the route has not been finalized.

(b), (c) & (d)         Tenders for construction cannot be called for until such time that all the prior steps have been completed.  Forward planning is underway regarding this project.

(e)                        The construction cost can only be estimated once the work prior to the construction phase has been completed.  The route has not been chosen, nor have any of the environmental impact studies been undertaken.

(2)   The portion of the N11 under question will be developed as a greenfield project and, as such, will require land to be purchased.

a)    As the project is still in the basic planning phase, it is not yet known which specific and/or how much land will be required for the road.

 

b)    Once the land requirements for the construction project have been assessed, the affected land owners will be contacted directly regarding the sale of the required land.

(c) & (d)               The project is still in basic planning phase and it is not yet known which specific land will be required for the road.

3.    The project is still in basic planning phase and it is not yet known which specific land will be required for the road.  Transactions between the buyer and the seller will be within the bounds of the applicable legislation.

4.    The details of the proposed new route of the N11 through and/or around Ladysmith, Kwazulu-Natal have not yet been determined.  Given the current growth of traffic and adopting a prudent growth scenario, it is envisaged that the ultimate solution will comprise a dual carriageway that will be constructed in phases.

5     The funding requirements for the proposed new route of the N11 through and/or around Ladysmith, Kwazulu-Natal have not yet been determined, as the project is still in the basic planning phase.  The decision on the funding method will be taken once the initial cost estimates have been completed.

(a) & (b)               The funding method for this road has not been decided upon yet.


 

ADDITIONAL INFORMATION FOR THE MINISTER

PARLIAMENTARY QUESTION BY MR R A LEES (DA) FOR WRITTEN REPLY

Mr R A Lees from the DA requested information regarding the proposed new route of the N11 through and/or around Ladysmith, Kwazulu-Natal.

SANRAL has supplied the following additional information:

The delivery of road infrastructure that meets the needs of a growing country requires forward planning. 

In the planning of roads, sustainable land use poses a challenge as to how to deal with the conflict that arises between people’s future needs and the present infrastructure and land use.  The road network itself is a form of land use, and the planning of this network strongly depends on the other land uses.  Land for human development uses rely heavily on this network.

It is with this in mind that the current exercise with respect to the N11, through and/or around Ladysmith, is underway.  The project is in the basic planning phase and the route is not finalized. 

Prior to finalizing the route - including the land required - an environmental impact assessment will be undertaken to establish the feasibility of the various options (route locations).  Thus there is still a long road to travel.

Tenders for construction cannot be called for until such time that all the prior steps have been completed.  Forward planning is underway. The cost of construction can only be estimated when the prior work has been completed.

A road network developed as a greenfield project, as the portion of the N11 under question will be, will require land to be purchased.  All affected landowners will be contacted on completion of the various studies still to be undertaken.  It would be premature to contact landowners at this stage, since it is not yet known which specific and/or how much land will be required for the road.  The affected parties will be directly contacted once the land requirements have been assessed.  However, the public in the area have been informed of the potential future developments that may take place with respect to a new road.

All transactions by SANRAL when purchasing land for road requirements are made within the bounds of the applicable legislation.  The land is acquired on the basis of the willing seller, willing buyer principle.  Independent valuers determine the price, all land is acquired at market related prices; the purchase price includes economic, if any, losses of the willing seller.

The details of the road to be built have not yet been determined.  Given the current growth of traffic and adopting a prudent growth scenario, it is envisaged that the ultimate solution will comprise a dual carriageway that will be constructed in phases.

The funding requirements for this route have not been determined as yet.  Given the constraints on the fiscus, all financial instruments must be considered.  This includes the application of the ‘user-pay’ principle as espoused in the National Development Plan.  The funding method has not been decided upon yet.  The decision on the funding method will be taken once the initial cost estimates have been completed.

 

Reply:

I have been advised by the Department as follows:-

No. The department is currently at 1.8% representivity.

The department has had difficulty in attracting persons with disabilities, who comply with the requirements of the positions. The departmental Human Resources and Employment Equity plans have however addressed this specific requirement. It is important to note that currently the department is merely short of one official with a disability on a SMS level to achieve its 2% employment equity target.



END

Reply:

The Respondents are appealing the matter. Judgment in the application for leave to appeal is awaited. As such, we deem it prudent for the appeal processes to be finalised before we consider the matter.




END

Reply:

 

1. Regulations in terms of the Magistrates Act, 1993 (Act No 90 of 1993) does not prescribe the number of trips that may be undertaken domestically or internationally. Furthermore neither does the said regulation advocate the number as well as position and/or status of persons forming part of such delegations.

Regulation 47 reads as follows:

(i) All official journeys of which itineraries are submitted shall be authorised by the head of office who shall ensure that the journeys are necessary and in the interest of the administration of justice”

(ii) The head of office referred to in subregulation (1) shall consider each application for an official journey, having regard to costs, availability of transport, route, timespan and any other relevant circumstances.

With the exclusion of the Director-General, Deputy Directors-General and persons holding equivalent ranks, paragraph 8.4.10.5.1 of the Departmental Financial Instructions (DFI) limits the number of employees travelling on official duty to address the same matter to three (3).

In addition paragraph 8.4.10.12 of the DFI specifies the following with regards to international travel:

“International travel must be limited to meetings or events that are considered absolutely critical and the number of employees attending such meetings or events must be limited to those employees that are directly involved in the subject matter related to such meetings or events”.

Paragraph 8.4.10.5.3 prescribes that prior approval from the Minister is required for magistrates’ travelling abroad.

2.  (i) domestic trips: please see attached.

    (ii) The Magistrates Commission only dealt with one application by a Regional Court President to travel abroad in the past 12 months from Regional Court President J Wessels.  She received an invitation by UN: Women And UNFPA In Partnership With UNDP And UNODC To The Global Technical Consultation On The Police And Justice Sector’s Response To Violence Against Women And Girls - Marrakech, 1 to 4 July 2014. 

Travel to and accommodation in Marrakech were carried by the organisers.  

The Magistrates Commission also indicated that Ms Wessels took no delegation with her. There was therefore no expenditure by the Regional Court Presidents on overseas trips



END

 

Reply:

The Management Performance Assessment Tool (MPAT) standard on assessment of Policies and Systems to ensure Professional Ethics seeks to promote:

• compliance with chapters 2 and 3 of the Public Service Regulations, 2001;
• chapter 9 of the SMS Handbook (2003);
• Financial Disclosure Framework;
• section 6 of the Public Sector Integrity Management Framework;
• section 195 of the Constitution; and
• the Promotion of Administrative Justice Act, Act 3 of 2000.

The elements that are assessed in the standards are on:

• whether members of the Senior Management Service (SMS) in departments are complying with the requirements to submit their financial disclosures by 31 May of each financial year; and
• whether disciplinary action is taken against SMS members who do not comply with these requirements.
• In addition, the standard assesses whether departments have mechanisms of communicating sections or provisions of the Public Service Code of Conduct to new and existing employees on an annual basis.
  
  a)   Whilst the 2014 MPAT assessment results are still being finalised, the results show that there was a notable improvement between 2012 and 2013 assessments, with the average compliance moving from 1.8 in 2012 to 2.8 in 2013. The total number of departments that complied with this standard are 118 out of a total of 152 departments.
  
  b)   90 departments (24 national and 66 provincial) met the level 3 requirements of the standard whilst 28 departments (9 national and 19 provincial) exceeded the requirements.
  
  END

Reply:

	(a) How much was spent	(b) Purpose of the Visit	(c) Destination	(d) (i) Flights	(d) (ii) Accommodation	(d) (iii) Daily allowances
(i) Deputy Minister	Total: R 191 764.88	To attend the China Incentives. Business Travel & Meetings (CIBTM) in China and World Youth & Student Travel Conference (WYSTC) in Dublin.	China: Beijing Date: 17 - 19 September 2014 Ireland: Dublin Date: 22 - 25 September 2014	Flight: R 114 212.00	Accommodation: R 51 917.79	Allowance: R 25 635.09
	Total: R 73 390.97	To attend the Indian Ocean Rim Association(IORA) First Tourism and Travel Mart in Seychelles	Seychelles: Mahe Date: 21 - 22 November 2014	Flight: R 59 603.39	Accommodation: Complementary	Allowance: R 13 787.58
	Total: R 73 291.04	To attend the World Exhibition for Incentive Travel. Meeting and Events (IMEX) 2015 and to participate in the IMEX Politicians Forum to be held in Villa Kennedy Hotel in Frankfurt	Germany: Frankfurt Date: 19 - 21 May 2015	Flight : R 67 436.72	Accommodation: Complementary	Allowance R 5 854.32
	Total: R 122 651.19	To attend a South East Asia Tourism Trade Roadshow in Malaysia. Singapore and Indonesia.	Malaysia: Kuala Lumpur Date:16 - 17 August 2015 City: Singapore: Date: 17 August 2015 Indonesia: Jakarta Date: 18 - 19 August 2015	Flight: R 84 960.72	Accommodation: R 28 600.00	Advance: R 9 090.47
(ii) Director General	Not applicable	The DG did not travel overseas for the period 1 May 2014 - 1 September 2015	Not applicable	Not applicable	Not applicable	Not applicable
(iii) Deputy Director-General Policy and Knowledge Management	Not applicable	The DDG: PKS did not travel overseas for the period 1 May 2014 -- 1 September 2015	Not applicable	Not applicable	Not applicable	Not applicable
(iii) Deputy Director General Domestic Tourism Management	Total: R 97 842.95	To attend the 5th Carnival International de Victoria in Seychelles	Seychelles: Mahe Date: 22 - 27 April 2015	Flight: R 49 904.72	Accommodation: R 33 120.00	Allowance: R 14 818.23
	Total: R 73 338.01	Attended the Home Stay Study Tour in Malaysia	Malaysia: Kuala Lumpur 15 - 22 August 2015	Flight: R66 341.72	Accommodation: R 2000.00	Allowance: R 4 996.29
(iii) Deputy Director General International Tourism Management	Total: R 99 856.37	To attend IMEX and related side meeting	Germany. Frankfurt 17 - 23 May 2014	Flight: R 61 624.00	Accommodation: R 30 462.07	Allowance: R 7 770.30
	Total: R 24 879.70	To attend the SADC Meeting	Zambia: Livingstone 17 - 21 June 2014	Flight: R 6 924.00	Accommodation: R 13 616.00	Allowance: R 4 339.70
	Total: R 105 135.84	To attend the World Youth Student Conference where South Africa was announced as the host for the 2015 Conference	Ireland. Dublin 21 - 28 September 2014	Flight: R 68 966.00	Accommodation: R 17 500.85	Allowance: R 18 668.99
	Total: R135 193.82	To attend the World Travel Market	United Kingdom: London 02 - 07 November 2014	Flight: R 84 475.39	Accommodation: R 37 999.98	Allowance: R 12 718.45
	Total: R 76 984.48	To attend and present a paper at the 13th Global Forum on Tourism Statistics and UNWTO Special Workshop on Tourism Statistics	Japan: Nara 14 - 21 November 2014	Flight: R62 385.39	Accommodation: R 6 115.47	Allowance: R 8 483.62
	Total: R 18 618.15	To attend the Extra Ordinary SADC Meeting	Zimbabwe: Victoria Falls 25 - 29 November 2014	Flight: R 7 122.39	Accommodation: R 7 530.89	Allowance: R 3 964.87
	Total: R 97 927.03	To attend the ITB and visit SA Tourism’s offices	Germany: Berlin Italy. Milan 02 - 08 March 2015	Flight: R 65 358.39	Accommodation: R 23 996.76	Allowance: R 8 571.88
	Total: R108 888.15	To attend the 100th UNWTO Executive Council meeting. South Africa through the National Department of Tourism was elected to serve on the Executive Council of the UNWTO for the period 2014- 2017.	Croatia: Rovinj 25 - 29 May 2015	Flight: R 83 938.72	Accommodation: R 17 564.99	Allowance: R 7 384.44
	Total: R 26 064.40	To attend the 54th RETOSA Board and Annual General meetings	Malawi: Lilongwe 28 July 2015	Flight: R 14 520.72	Accommodation: R 8 920.00	Allowance: R 2 623.68
(iii) Deputy Director General/ Chief Operations Officer	Not applicable	The COO did not travel overseas for the period 1 May 2014 -1 September 2015	Not applicable	Not applicable	Not applicable	Not applicable

Reply:

No. I believe the provisions of the Public Protector Act, Act 23 of 1994, has adequate provisions to deal with the issues the Hon Member raises.

Section 7 deals with investigations by the Public Protector, some of the relevant provisions being –

(a) subsection (3)(a) which provides that the Public Protector may request any person at any level of government or performing a public function to assist him or her in the performance of his or her functions with regard to any particular investigation;

(b) subsection (4)(a) which provides that the Public Protector may, by subpoena, direct any person to submit an affidavit or to appear before him or her to give evidence or to produce any document in his or her possession or under his or her control which has a bearing on the matter being investigated; and

(c) subsection (4) (b) which empowers the Public Protector to request an explanation from any person whom he or she reasonably suspects of having information which has a bearing on the matter being investigated.

 

Section 7A deals with entering upon premises by the Public Protector. It provides, among others, that the Public Protector is competent, subject to the authority of a warrant issued by a magistrate or judge, to enter, or authorize another person to enter, any premises and to make such investigation or inquiry as may be necessary and to seize anything which may have a bearing on an investigation. This section even recognises the need to use force to gain entry should the need arise.

Section 9 deals with contempt of the Public Protector and provides that no person may insult the Public Protector or do anything in connection with an investigation which, if the investigation had been proceedings in a court of law, the conduct in question would have amounted to contempt of court.

Section 11 provides for offences and penalties. In terms of section 11(1) a person who contravenes section 9, referred to above, or who interferes with the functioning of the office of the Public Protector as contemplated in section 181(4), referred to above, is guilty of an offence. In terms of section 11(3) any person who, without just cause, refuses or fails to comply with a direction or request under section 7(4), referred to above, or refuses to answer any question put to him or her or who gives an answer which to his or her knowledge is false, is guilty of an offence. The penalty for these offences is a fine not exceeding R40 000 or imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment.

END

Reply:

Since October 2010, Cabinet has supported a more competitive and stable exchange rate. This does not involve a “devaluation of the rand by the SA Reserve Bank”.

-END-

Reply:

 

 

(1) The Judges Remuneration and Conditions of Employment Act & Regulations, 2001, does not prescribe the number of trips that may be undertaken domestically or internationally and the number, position and status of persons forming part of such delegations. However, Paragraph 8.4.11.5.3.(i) of the Departmental Financial Instructions of the Office of the Chief Justice provides that “official travelling of Judicial Officers to foreign countries must be approved by the Chief Justice”.

In line with the above, the established practice is that the relevant Judge who wishes to travel abroad must first approach the Head of Court with the request. The Head of Court will apply his/her mind and formally agree that the Judge may travel abroad accordingly provided that (1) the allocation of cases onto the court roll will be managed accordingly; and (2) the administration of justice will not be negatively affected. Such permission from the Head of Court as well as the detailed request by the Judge who wishes to travel, are then presented to the Chief Justice for consideration and approval.

2. (a) (i) The following domestic trips (air flights) were undertaken by Judges President and Deputy Judges President from 1 August 2014 to 31 July 2015:

• L Mpati: President of the SCA – 1 trip
• B Waglay: JP – 15 trips
• CT Sangoni: JP – 4 trips
• AS Jappie: JP – 9 trips
• M Molemela: JP – 7 trips
• F Kgomo: JP – 4 trips
• M Leeuw: JP – 1 trip
• M Hlope: JP – 1Trip
• Y Meer: AJP – 9 trips
• M Mojapelo: DJP – 4 trips
• J Traverso: DJP -1 trip
• A Ledwaba: DJP – 1 trip

(ii) No international trips were undertaken by Judges President or Deputy Judges President during the period.

(b) No officials were part of any delegation for any Judge President or Deputy Judge President.



END

Reply:

The Management Performance Assessment Tool (MPAT) standard on prevention of Fraud and Corruption assesses whether department have measures and requisite capacity in place to prevent and combat corruption. Elements that are assessed in the standard are on:

• whether departments have fraud prevention plans and whistle blowing policies minimum anti-corruption capacity to prevent fraud and corruption;
• whether departments are providing feedback on anti-corruption hotline cases to the Office of the Public Service Commission (OPSC); and
• whether disciplinary and criminal procedures are being instituted where fraud and corruption occurs.
  
  a) Whereas the 2014 MPAT assessments results are in the process of being finalised, the 2013 results showed a total number of 55 departments (25 national and 30 provincial) are compliant with this standard.
  
  b) The 2013 results also shows that twenty five (25) departments (11 national and 14 provincial) met the level 3 compliance requirements, whilst 30 exceeded the requirements (14 national and 16 provincial).
  
  
  END

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, since requested the Eastern Cape Provincial government to provide this information.

The Honourable Member will be provided with the requested information as soon as it is submitted to us.




END

Reply:

Currently there is no legal instrument that links the non-payment of tolls to the renewal of vehicle licences.

I am not aware of any instances where vehicle licenses have not been renewed for the non-payment of toll. I urge the honourable member to bring all such instances to the attention of the relevant authority.

However, as the honourable member is aware it is an offense as stated in Act No 7 of 1998 not to pay toll fees.




END

Reply:

MINISTER OF LABOURS RESPONSE:

No, I will not consider abolishing Affirmative Action (AA), in the Public Service as the Affirmative Action is not a Public Service Sectoral Determination but a National dispensation. If the Public Service is broadly representative, that should be an inspiration to other sectors and not the reason to abolish the policy.

The preamble of the Constitution sums up the constitutional rationale of the need for Affirmative Action.

END

Reply:

(a)   (i-ii) The immigration officials working on the borders of Lesotho and Swaziland have not reported any cases specifically relating to human trafficking in the mentioned financial years.


END

Reply:

 

1.     Yes, The Department of Environmental Affairs (DEA) is aware of international trade in tiger and tiger products from South Africa. The following table, obtained from the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Trade Database (http://trade.cites.org) reflects the exports from South Africa from 2004 till 2014:

Taxon	Term	2004	2005	2006	2007	2008	2009	2010	2011	2012	2013	2014
Panthera tigris	bodies					1			1	1
Panthera tigris	claws								1
Panthera tigris	live	8	18	5	4	11	25	32	29	33	21	4
Panthera tigris	skins		1	1	1			2	2	2
Panthera tigris	skulls		1							1
Panthera tigris	trophies	4		2			6	3	4	3	1
Panthera tigris altaica	live						4			2
Panthera tigris altaica	trophies						1

It is clear from the above that the majority of trade is in live specimens. Trade in tiger specimens is regulated in terms of the CITES Regulations, promulgated in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004). It should be noted that due to the fact that tiger is listed in CITES Appendix I, import permits are issued by importing countries before an export permit can be issued by South Africa. The import permit must specify the purpose of the transaction and because commercial trade is not allowed in Appendix I specimens, the international trade authorised in terms CITES will be for non-commercial purposes only and this will be reflected on both the import and export permits. Compliance with the CITES Regulations and requirements are monitored by the Environmental Management Inspectors, who are responsible for the inspection of consignments and the endorsement of permits prior to export.

2.      The CITES Regulations, 2010 are implemented by all provinces as well as the Department of Environmental Affairs and provides a uniform regulatory framework to implement and enforce the provisions of the Convention. In terms of these regulations a captive breeding facility or a person who trades internationally in CITES Appendix I species (tiger) must be registered with the relevant provincial CITES Management Authority.

The Department identified the need to strengthen regulatory provisions relating to the activities involving CITES Appendix I listed specimens that are imported to South Africa and in this regard the following provisions have been included in the draft Threatened or Protected Species Regulations that was published for public participation in terms of Section 100 of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004) on 31 March 2015:

Specific circumstances relating to the prohibition to possess and trade in listed protected species that are also included in Appendix I of CITES

74. (1) A person may not possess—

     (a) an imported specimen of a listed protected species that is also included in Appendix 1 of CITES; or

     (b) The off-spring of a specimen contemplated in paragraph (a);

     unless such person is authorized by a permit issued in accordance with these Regulations to possess such imported            specimen or the off-spring of such imported specimen.

(2) A person may not sell or donate an imported specimen contemplated in subregulation (1)(a), unless—

(a) such imported specimen originates from a commercial captive breeding facility that has been registered with the CITES Secretariat; and

(b) the selling or donation of such specimen is authorized by a permit issued in accordance with these Regulations.

(3)   (a) The regulatory provisions referred to above address the possession of tiger specimens as well as the captive breeding of tiger.

(b)    Illegal activities should be reported to the Department through the Hotline number: 0800 205 005. Concerns relating to the Transvaal Nature Conservation Ordinance No 12 of 1983 should be addressed to the relevant provincial legislature.

 

 

 

 

END