Questions and Replies

Reply:

1. (a) The South African Post Office (SAPO) is currently leasing one thousand two

hundred and forty three (1243) properties from private companies. These consist of Retail outlets, Depots, Office Space and Mail Centres.

(b) As of 6 August 2015 a total of six (6) Retail outlets were locked by the land lord due to non-payment of rentals. Four (4) of these Retail Outlets are located in Kwa-Zulu Natal and two (2) in the Witwatersrand region. In addition, electricity has been disconnected by the land lords in five (5) Retail outlets due to non-payment of rental.

In addition to the abovementioned closed offices, a total of twelve (12) Retail outlets have been closed due to eviction by the land lords since March 2015. Furthermore, five (5) Retail Postal Agencies have been closed by the Agents due to non-payment of their monthly allowance.

2. (a) SAPO is leasing eighteen (18) properties from the Redefine Group.

(b) None of the eighteen (18) properties rented from the Redefine Group are closed

Reply:

(a) (i) There was no advertising (ii) and no media space purchased by the department in the 2014-15 financial year (aa) in print, (bb) on radio, (cc) on billboards, or (dd) in any format to promote, advertise, educate or inform the public about the Cape Winelands Toll Project and

(b) in each case, (i) no space was sold in each month and (ii) no costs were incurred in each month.

Reply:

No,

The current Medium Term Strategic Framework (MTSF) aptly identifies the need to consider the compliance burden and complexity of laws and regulations, and the need to improve consistency and remove unnecessary obstacles to business development. In this regard, capacity has been created in the Presidency to carry out thorough impact assessments of both new and existing legislation and regulations, in order to ensure alignment with the NDP and reduce the risk of unintended consequences.

Government will also streamline and improve the efficiency of regulatory processes, in areas such as building licences, environmental impact assessments, company registration, tax compliance, work permits for scarce skills, mining licences, water licences and access to municipal infrastructure services.

The regulatory burden reduction strategy cuts across a number of legislation/regulatory instruments that are not only administered within the DMR. Capacity for a comprehensive regulatory burden reduction strategy has resultantly been established at a central point in government and constitutes a requirement for the legislation development within government.

Reply:

(1) the dti has received a total of 1864 applications from 2012 to date requesting exemption letters for the importation of raw materials which are not readily available in South Africa. These raw materials include polyester, nylon, acrylic fibres and textiles dyes and chemicals. The fibres are converted into finished products after manufacturing the yarns and fabrics in the country. Some technical fabrics which were imported in 2012 are now being woven in the country using high performance yarn like aramid yarns and high performance continuous filament polyester and nylon yarns.

(2) The turnaround time for responding to applications is 48 hours maximum due to high volumes received on a daily basis. The turnaround time is within 24 hours if all documentation including supporting letters from suppliers is provided with the applications.

(3) the dti established the South African Sustainable Textiles and Apparel Cluster (SASTAC) through the Clothing and Textiles Competitiveness Programme (CTCP) in close collaboration with all stakeholders. SASTAC is undertaking a comprehensive audit of textile manufacturing capacity and capabilities in the country, amongst other programmes. It is also in the process of developing a website which will make this information, inclusive of traceability, available to both Government entities and any potential supplier to government.

Reply:

(1) The commissioning certificates were issued in sections and in accordance with the provisions of the FIDIC Conditions of Contract for design, build and operate projects (FIDIC), being the contract which applies to the project. The commissioning certificate for the sections comprising the Gauteng Open Road Tolling system and the Transaction Clearing House was issued on 18 December 2013 and effective from 2 December 2013. The section certificate for the relevant part of the Violations Processing Centre (VPC) was issued on 30 April 2015 and effective from 15 December 2014. Although the section of the system comprising the VPC was only commissioned with effect from 15 December 2014, it was considered ready for operation from toll commencement based on the contractor's confirmation (and extensive testing, trial operations and pilot testing) that the system and operations were ready from toll commencement. This all in accordance with FIDIC.

(2) The Employer's Representative, in terms of Sub clause 11.6 of FIDIC, issued the section commissioning certificates. Certificates were issued were in terms of Sub clause 11.6 of FIDIC and that in terms of Sub clause 11.5 of FIDIC which provides that:

"i. Issue the Commissioning Certificate to the Contractor, stating the date on which the Works or Section were completed in accordance with the Contract, except for any minor outstanding work and defects which will not substantially affect the use of the Works or Section for their intended purpose…"

(3) There were no "faults" outstanding on the launch date of 3 December 2013. FIDIC contemplates and as will be appreciated from the section of FIDIC recorded above, that the commissioning certificates are issued subject to certain outstanding work and defects. This is addressed in Clause 12 of FIDIC and this is the basis upon which the section completion certificates were issued.

(4) The operations continued based on the requirements of FIDIC and the issuing of the requisite commissioning certificates. Delays were dealt with in accordance with the delay damages provisions of the contract and were applied accordingly where delay occurred. For the period 1 July 2013 to 15 December 2013 the following amounts were paid to the contractor in respect of the services provided.

 

Month	Operations
Jul-13	R 29 827 326.93
Aug-13	R 15 126 538.85
Sep-13	R 30 559 820.76
Oct-13	R 33 290 653.38
Nov-13	R 47 446 297.39
Dec-13	R 80 869 591.90

The followings are to be noted in this regard:

(i) The payments to the contractor, in addition to payments for the services provided by the contractor, payment for the maintenance of all buildings and gantry's maintained by the contractor, payments for systems maintenance, payments in respect of utilities (water and electricity), rentals of customer kiosks and operations undertaken by the contractor including those for the benefit of the road user;

(ii) The contractor was required, at all times, to be operationally ready not knowing the toll commencement date and having regard to the various court cases;

(iii) The increases in payments in October, November and December 2013 should be viewed in light of the ramp-up of operations required for purposes of toll commencement;

(iv) All payments are determined based on a measurement based contract (add-measured contract) and accordingly the contractor is only paid for services actually rendered; and

(v) The December payment is for the full months services not just to 15 December 2013 as a result of the end of the year industry shut down.

Reply:

1-4 Government promulgated the revised Integrated Resource Plan for Electricity 2010 - 2030 (IRP2010) in March 2011. The IRP made provision for 9.6 gigawatts of nuclear capacity expansion.

The Department of Trade and Industry (the dti) chaired the Nuclear Energy Sub-Working Group (NESWG) on Localisation, Industrialisation and Skills Development, with key economic departments and state owned companies (SOC) as participants, in support of the Nuclear Energy Working Group (NEWG).

The NESWG on Localisation, Industrialisation and Skills Development submitted its reports to the Department of Energy (DoE) dealing with all matters assigned to it.

All documents of the NESWG are classified as Top Secret and are in the possession of the DoE.

The Minister and Department of Energy have a constitutional mandate for national energy and energy related matters, inclusive of nuclear energy. Requests for programme specific information should therefore be directed to the Minister of Energy.

 

Reply:

When a disability grant is approved, the approval is based on set criteria and is not related to the type of disability. Therefore no such information regarding the specifics of the disability is retained on the database. The system only captures the fact that the beneficiary is disabled and not the type of disability.

Reply:

(a) The specified queue lengths are monitored at all plazas. CCTV surveillance systems are in place at the toll plazas to monitor this. All Plazas’ performance and operating efficiency is assessed to ensure adequate capacity exists to meet demand.

Several additional measures, as the circumstance demands, have been implemented at toll plazas that operate at near full capacity. These include the following:

• The implementation of tandem tolling which is a mechanism of allowing two vehicles to be processed at the same time in a single lane. This allows an increase in throughput of vehicles in comparison with normal lanes.
• Additional personnel are deployed in the lane area to ensure that motorists who pay toll fees in cash have the correct change, in advance of getting to the toll booth.

Further, to alleviate toll plaza capacity problems and increase vehicle processing speeds, additional, automated electronic toll payment method is being implemented at the toll plazas. This will allow non-stop passage through the lane via payment with an electronic tag. This system has been in operation for over ten years on the Platinum Toll Road, and is in an advanced stage of testing at most of the toll plazas. This will greatly assist with alleviating plaza capacity problems and long queue build-up. As has already been clearly demonstrated at the Platinum Toll Route Plazas, the processing rate of toll lanes dedicated for tag users, is 3 times that of manual payment methods.

(b) Historic traffic volumes, catering for traffic volumes from major events (sporting, cultural, etc.), seasonal traffic shifts, school holidays, long weekends, public holidays, etc. are analysed to plan for the future.

The traffic volumes at the plazas are also regularly monitored and examined. Traffic criteria such as the 30th highest hour traffic volumes and higher than average projected traffic growth rate, which could be indicative of the need to trigger dedicated electronic tag lanes, or a toll plaza expansion is regularly reviewed.

Regular analysis of the traffic volumes is undertaken to optimise the distribution of payment methods available to the road user as well as determining appropriate lane configurations.

(c) Regular traffic and capacity planning together with trained vehicle toll collectors improve the through flow. Flexible lane configuration allows for the accommodation of directional traffic flows so as to minimize the queue length.

The rapid deployment of the automated electronic toll payment method – payment of toll via electronic tag will greatly improve vehicle processing speed at the toll plazas.

Freeway Management Systems and Incident Management, with the assistance of CCTV surveillance of the road network, have facilitated rapid responses to incidents that may impact throughput at the plazas and thereby minimise the impact on traffic flow. These systems can also inform of traffic flows to and from the plaza.

 

Reply:

Neither the Minister, Deputy Minister nor Officials of the Economic Development Department travelled to China in the 2014-15 financial year.

-END-

Reply:

(1) No. However the DTPS, DPSA and SITA have been collaborating on matters regarding e-Government and e-Enablement of the prioritised 5 e-Services. The consultations in between the three institutions was conducted through a working group established by the Directors Generals of the two departments as well as the then SITA CEO. The discussions were continued June and Jul 2105 and SITA was tasked by the DPSA on 15 July 2015 to initiate programmes around the prioritised e-Services.

(2) Yes the SITA has been consulted in respect of the specified strategy. SITA, DPSA and DTPS are collaborating on the e-Enablement of the 5 prioritised Services as outlined in the Medium Term Strategic Framework 2014-2019 Outcome 12.4.6 and the DPSA Annual Operation Plan 2015/2016. This strategy is aligned with the 2015 ICT Policy Review Green Paper and SA Connect programme.

Reply:

The Honourable Member must refer to my previous reply to question 1960 in which I have outlined the international trips undertaken for benchmarking purposes. The Honourable Member must also be clear in terms of what she is asking for because in the previous question the focus was on the period leading up to SASSA’s promulgation and now the question includes this period post SASSA’s establishment.

Reply:

The Road Accident Fund (RAF) is funded by a levy on fuel sold, which serves as an indirect tax used to fund the payment of compensation and to rehabilitate qualifying persons injured in road crashes. The fuel levy is also used to pay for the loss of support and funeral costs of those qualifying dependents that lost breadwinners in road crashes.

Although drunken driving has an impact on the incidence of road crashes and therefore on the cost of providing compensation, rehabilitation, support and funeral cover; the RAF does not currently maintain information or statistics (a)(i) of the estimated cost, and (ii) actual cost incurred by the RAF as a result of drunken driving and (b) does not have information or statistics of the economic cost of drunken driving in each (i) province and (ii) local authority for the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years.

Reply:

1. and (2)

The National Treasury recently circulated proposed draft amendments to the Preferential Procurement Policy Framework Act (PPPFA) Regulations, 2015 for comment. The Department of Trade & Industry (the dti) has since responded officially to the draft amendments to the Regulations through the Office of the Director-General.

In the main, the dti confined its comments to the preference point system, Broad-Based Black Economic Empowerment (B-BBEE) and local content. The substance of the comments is contained in the Submission to the National Treasury. An official response is awaited from the National Treasury.

Furthermore the dti has requested a further engagement with the National Treasury to support and clarify its comments, if the need arises. The position of the dti is that public procurement is an important industrial policy instrument and should be appropriately enshrined in any amendments to the Regulations of the Preferential Procurement Policy Framework Act in combination with other policy objectives, inclusive of broad-based black economic empowerment.

Reply:

(a) A preliminary investigation was conducted immediately after the accident by the Railway Safety Regulator (RSR), the preliminary report was released on Monday, 20th July 2015. A Board of Inquiry (BOI) is currently underway to determine the root cause that led to the accident.

(b) It is estimated that the BOI process will take three to four months to finalise.

(c) The RSR has appointed specialists for the BOI with a Chairperson of the BOI, Human Factors Specialist and Signaling Specialist.

(d) The estimated cost of damage to both the Rolling Stock and the Infrastructure is R7 567 999.14

(e) Information not yet complete.

(f) See response in (e).

Ministerial Note:

Criteria used to determine compensation?

In the ordinary course of business, and because passengers who get involved in accidents of the nature this one is would invariably sustain injuries which affect each one of them differently, given the extent of such injuries, an opportunity gets created for claims to arise and for litigation to be instituted, by way of exercise of one’s rights, to recover damages that emanates from such accidents.

Ordinarily, the root cause of these types of accidents would be some negligence on the part of PRASA or its operators, and in full cognisance of the fact that passengers involved are affected and inconvenienced in a variety of ways, PRASA has had to, in the past, recognise that most of the passengers who are affected, require assistance that caters for their immediate medical expenses and other damages of the like, depending on the unique personal circumstances of the affected and injured persons. This recognition has led to some acceptance that indeed it is a responsible act of compassion to assist those very passengers PRASA is out to serve, which assistance normally takes place only in circumstances stated here under:

• (a)  That an accident, or incident of the nature this one is must have occurred;

          (b) That any passenger so to be assisted, or compensated, must have been involved in such an accident;

          (c) That such an involved passenger must have sustained bodily injuries, alternatively must have experienced traumatic emotional shock, which then necessitate medical treatment;

       (d)  That such an injured passenger must have received treatment, as a result of the accident and the injuries involved, from the hospital, a clinic or any other medical facility were medical treatment would be rendered; and

      (e) That such injuries sustained have resulted in passengers incurring medical and hospital expenses, or loss of income, or that in future there would be a need for medical treatment, and/or that non pecuniary losses, often referred to as general damages, are indicated.

It is against the background above that PRASA would engage with the affected and injured commuters in order that such a determination for the damages suffered, and/or compensation sought, be made. This exercise normally leads to settlements with the different passengers affected, and subsequently to compensation, as may be, depending on the nature of the injuries suffered.

Further, it is to be noted that over and above verifying the details and the information or documents as indicated above, and in respect on non-pecuniary damages, PRASA embarks upon a strict process of assessing damages by relying on useful legal tools and remedies that solely depend on legal authorities given the seriousness of the injury or injuries involved. The assessment of general damages, it must be added, is to a great extent arbitrary and incapable of true economic evaluation. There are strict guidelines, though, that are followed, that are dictated to by documents like the Quantum Yearbook, by Robert Koch, and Quantum of Damages, by Corbett & Buchanan, as an indication of what the estimation of such compensation should be.

There are no statutory limitations on what an affected passenger can recover from PRASA, and such passengers have a constitutional right, on common law grounds, to institute proceedings against PRASA, which they normally do through the assistance of attorneys.

Reply:

At the time of replying to this question the Department was still awaiting a comprehensive response from provincial departments which are responsible for this function. I will furnish the Honourable Member with a reply upon receipt of provincial inputs.

The Member can also look for information through the relevant Provinces.

 

Reply:

1. The Public Service Commission submitted a draft report on the investigation into the appointment of the General Manager Fraud Compliance at the SA Social Security to the Minister of Social Development on 12 September 2013 for comments.

(2)(a) The Public Service Commission received a legal opinion on the draft report on the 14 October 2014

(2)(b) The Public Service Commission withdrew its draft report after consideration of the comments received from the Department of Social Development. The decision to withdraw the report was based on the fact that the Public Service Commission’s jurisdiction does not extend to public entities.

3.  The Public Service Commission did not issue a final report.

4.  There is no full and complete report by the Public Service Commission on the matter.

Reply:

 

1. (a) (b) (c) (2) Information received from Gauteng Department of Education indicates that the piece of land referred to has not been sold.

2.  The Gauteng Department of Education is aware of the application for township establishment and has objected to the proposal as there is a need for educational sites in the area. Studies done in this area has shown that there is a need for this site, for the construction of a school in the future.

Reply:

(1) Eskom will continue executing the funding plan as approved and where there is a gap as a result of the NERSA decision, bridging finance will be sought.

(2) Eskom continues to drive cost containment programmes to drive efficiencies and is reviewing the Eskom business model to optimally manage the operations.

(3)(a) Privatisation of Eskom in any form is not an option which is being considered as it is not aligned with current Government policy direction.

(3)(b) Options of raising capital in a more sustainable manner (other than full or partial privatisation of Eskom Company) are being evaluated and will be tabled for consideration by the relevant stakeholders of Eskom.

 

Reply:

1. The then, Department of Arts, Culture, Science and Technology, which was split into two separate departments in 2002, owned the vessels, Susan Kruger and The Dias. The Robben Island Museum owns the vessel Sikhululekile.

(i)(aa) the vessels are owned by Government, (bb) the registration numbers of the companies are not required because the vessels are owned by Government, and (ii) all three vessels transport staff and tourist when operational.

   2. The Robben Island Museum does contract with private vessel owners to transport staff and tourists to Robben Island, namely:- Heritage Charters; Nauticat Charters; Southern Right Charters; Silver Buckle Trade 21 CC; Ferry Charters (Schooner Cruisers Pty Ltd); Waterfront Expeditions and Thembekile Maritime Services.

 

Reply:

I suggest the Honourable member to direct this questions to Minister of Home Affairs or Minister of Tourism.

 

Reply:

(1) Whether she has determined the staff complement required for the efficient operation of (a) public ordinary schools and (b) special needs school hostels; if not, when will such a determination be completed; if so, what is her determination in each case;

(1) (a) Norms and Standards for provisioning of school-based educators posts and support staff (administrative and grounds) are determined nationally in terms of the Post Provisioning Norms (PPN) and the policy on provisioning of support staff to schools. Both policies provides for the determination of post allocation based. mainly, on the number of learners. Therefore, allocation of posts based on the norms and standards will ensure that each school has the adequate number of posts for both educators and non-educators to enable it to operate efficiently.

(b) There is currently no national determination on the norms for staffing of special schools hostels. Each Provincial Education Department (PED) determines the norms and standards with regards to staffing. There is a process to develop comprehensive national norms and standards for the resourcing of special and full service schools. The provisioning for both professional and non-professional support staff is pan of the process.

(2) Whether posts required to operate a school hostel must be provided and funded by the relevant provincial department of education; if not, (a) why not and (b) how will these posts be funded; if so, what posts are currently being provided and funded;

(a) Where norms and standards are determined, such posts must be funded by the PED in line with the provincial norms and standards. information has been requested from all PEDs and a full response will be provided once the information is received.

(3) Whether posts at school hostels are differently graded according to responsibility or skill level; if not, why not; if so, what arc the relevant details;

(3) As indicated above, the norms and standards for provisioning of personnel in hostels is determined at provincial level. information on provision and post levels has been requested from PEDs and will be provided as soon as it is received.

(4) Whether district officials are required to monitor conditions at school hostels; if not, why not; if so, what are the requirements of such monitoring?

(4) Yes, District Officials are required to monitor conditions at school hostels as part of their monitoring of schools.

School hostels are monitored in line with the Department of Basic Education Guidelines for the provision of boarding facilities in public ordinary schools and Provincial Education Department Hostel Policies for Public Ordinary Schools.

Reply:

1. How many persons are employed as (a) provincial office officials, (b)(i) district or (ii) circuit officials working in (aa) an administrative position or (bb) a psycho-social or special needs support position, (c) educators in schools and (d) support staff in schools in each provincial education department.

Response:

PROVINCE	(a) Provincial Office (staff)	(b) (i) District Office (staff)	(b) (ii) (aa) Administrative posts at District	(b) (ii) (bb) Psycho-social/ special needs posts at schools	(c) Educators at schools	(d) Support staff at schools	Total
LIMPOPO	628	1 041	1 723	0	52 155	2 130	57 677
NORTHERN CAPE
GAUTENG	1 408	17 728	16 275	3 374	54 226	4 966	97 977
KWAZULU-NATAL	814	2 822		373	87 876	13 087	104 972
WESTERN CAPE	869	573	-	107	30 818	7 147	39 514
EASTERN CAPE	790	3 532	-	60	53 950	5 648	63 980
FREE STATE	746	1 444	-	86	21 403	4 838	28 517
MPUMALANGA	478	785	162	9	30 058	5 122	36 614
NORTH WEST	850	899	-	749	24 260	2 986	29 744
TOTAL	6 583	28 824	18 160	4 758	354 746	45 924	458 995

NOTE: All figures indicated as received from Provincial Education Departments’(PED).

2. (a)(i) No, there is no guideline for the ratio of learners to provincial employees.

(ii) No, there is no guideline for the ratio of learners to district employees.

(b) Yes, there is a guideline for the ratio of learners to psycho-social or special needs support staff.

(aa) Different norms apply for determining staffing at various levels. Staffing at provincial and district level is determined in terms of conventional methods of determining organisational structures and post establishments which consider the nature and magnitude of the work using work study and job evaluation. These are not based on the number of learners. In addition, the Department has developed the Policy on Organisation, Roles and Responsibilities of Districts (GG No. 36324) which provides for norms to take into account the extent of support the schools require based on distances travelled and poverty ranking.

The Department is currently developing comprehensive norms and standards for resourcing of full service and special schools, which will include provisioning of professional and other support staff to schools. The existing norms on provisioning of professional support staff to schools that are based on learner numbers or ratios provide only for the provisioning of a therapist and senior posts at schools.

(bb) The ‘Technical Guidelines (including the Guidelines for Costing and Budgeting for Compensation of Employees) for the Preparation of Expenditure Estimates for the Medium Term Expenditure Framework (MTEF)’ annually published by the National Treasury are used to guide the allocation of budgets for compensation of employees.

Reply:

1. (b) See Table 1 below.

(c) See Table 1 below.

 

2.(a)(i)(ii) See Table 1 below.

(b) See Table 1 below.

 

(3) (a) Yes;

(b) Yes, see Table 2 below.

TABLE 1

Seven (7) SAPS Clusters within eThekwini Municipality: Durban Central, Chatsworth, Brighton Beach, Pinetown, Phoenix, Umlazi and Inanda.
CLUSTER	DURBAN CENTRAL
Date of Operation	2015/05/05 – 2015/05/06
Focus Area of Operation	Point
Estimate Cost of Operation (Including external role players cost)	No cost - members worked for time due
Arrests
Offence	Number of arrests	Number of persons charged
Possession of drugs	03	03
Trespassing	08	08

Date of Operation	2015/05/05 - 2015/05/06
Focus Area of Operation	Durban CBD & Taxi Ranks
Estimate Cost of Operation (Including external role players cost)	No costs – members worked flexi hours
Arrests
Offence	Number of arrests	Number of persons charged
Illegal Foreign Nationals	36	36
Non Compliance 2nd Hand Goods Act	18	18

Date of Operation	2015/05/21 - 2015/05/22
Focus Area of Operation	Durban CBD & Taxi Ranks
Estimate Cost of Operation (Including external role players cost)	No costs – members worked flexi hours
Arrests
Offence	Number of arrests	Number of persons charged
Possession of drugs	02	02
Road traffic act	21	21
Illegal Foreign Nationals	09	09
Assault common	01	01
Malicious Damage to Property	01	01

Date of Operation	2015/05/28 – 2015/05/29
Focus Area of Operation	Durban CBD & Taxi Ranks
Estimate Cost of Operation (Including external role players cost)	No costs – members worked flexi hours
Arrests
Offence	Number of arrests	Number of persons charged
Possession of drugs	02	02
Illegal Foreign Nationals	07	07
Possessions of dangerous weapon	01	01

Date of Operation	2015/06/11 – 2015/06/12
Focus Area of Operation	Point
Estimate Cost of Operation (Including external role players cost)	No cost – members worked for time due
Arrests
Offence	Number of arrests	Number of persons charged
Possession of drugs	04	04
Trespassing	13	13

Date of Operation	2015/06/25
Focus Area of Operation	Durban CBD & Taxi Ranks
Estimate Cost of Operation (Including external role players cost)	No costs – members worked flexi hours
Arrests
Offence	Number of arrests	Number of persons charged
Possession of drugs	02	02
Illegal Foreign Nationals	09	09

Date of Operation	2015/07/17
Focus Area of Operation	Durban CBD & Taxi Ranks
Estimate Cost of Operation (Including external role players cost)	No costs – members worked flexi hours
Arrests
Offence	Number of arrests	Number of persons charged
Possession of drugs	01	01
Wanted for the possession and or use of depended producing substances (Max ID)	04	04

Date of Operation	2015/07/23 - 2015/07/24
Focus Area of Operation	Point
Estimate Cost of Operation (Including external role players cost)	No cost – members worked for time due
Arrests
Offence	Number of arrests	Number of persons charged
Possession of drugs	02	02
Illegal Foreign Nationals	11	11
Contravention Regulation 26 Sub Section 88(e) of Local Authorities Act, Act 19 of 1974. Loitering for the purpose of Prostitution	06	06

CLUSTER	CHATSWORTH
Date of Operation	2015/05/08 2015/05/14 2015/05/15 2015/05/20 2015/06/05 2015/06/08 2015/06/19 2015/07/03
Focus Area of Operation	2015/05/08 (Bayview, Bellair, Mariannhill) 2015/05/14 (Lamontville) 2015/05/15 (Bellair) 2015/05/20 (Chatsworth) 2015/06/05 (Bellair) 2015/06/08 (Bellair) 2015/06/19 (Bellair) 2015/07/03 (Chatsworth)
Estimate Cost of Operation (Including external role players cost)	Bayview: R48 000-00 Bellair: R50 250-00 Chatsworth: R49 000-00 Kwandengezi: R32 250-00 Lamontville: R54 500-00 Mariannhill: R64 250-00
Arrests
Offence	Number of arrests	Number of persons charged
Bayview (2015/05/08)
Contravention of the Domestic Violence Act	01	01
Possession of dagga	01	01
Dealing in liquor	02	02
Illegal Foreign Nationals	12	12
Mariannhill (2015/05/08)
Illegal Foreign Nationals	56	56
Bellair (2015/05/08)
House Breaking and Theft	01	01
Bellair (2015/05/14)
Assault with the intent to cause grievous bodily harm	02	02
Possession of Drugs	04	04
Lamontville (2015/05/14)
Illegal Foreign Nationals	03	03
Possession of dagga	01	01
Dealing in liquor	01	01
Bellair (2015/06/05)
Possession of drugs	02	02
Possession of suspected Stolen Property (Sect 36 of the Criminal Procedure Act, Act 51 of 1977)	03	03
Bellair (2015/06/08)
Possession of drugs	02	02
Bellair (2015/06/19)
Possession of drugs	02	02
Chatsworth (2015/05/20)
Possession of cocaine	02	02
Possession of heroine	03	03
Possession of dagga	01	01
Possession of rock cocaine	01	01
Possession of dangerous weapons	01	01
Illegal Foreign Nationals	02	02
Chatsworth (2015/07/03)
Contravention of Section 2 of the Camping Act, Act 57/2003	75	75

CLUSTER	BRIGHTON BEACH
Date of Operation	2015/06/27
Focus Area of Operation	Wentworth
Estimate Cost of Operation (Including external role players cost)	R 87 385.86
Arrests
Offence	Number of arrests	Number of persons charged
Dealing in dagga	01	01
Possession of dagga	02	02

CLUSTER	PINETOWN
Date of Operation	2015/07/10
Focus Area of Operation	Pinetown
Estimate Cost of Operation (Including external role players cost)	No cost to the State. All members worked normal hours.
Arrests
Offence	Number of arrests	Number of persons charged
Possession of dagga	04	04
Possession of woonga	01	01
Possession of heroin	01	01
Theft	01	01
Illegal Foreign Nationals	05	05
Drinking in public	01	01
Urinating in public	01	01

CLUSTER	PHOENIX CLUSTER
Date of Operation	2015/05/12
Focus Area of Operation	Phoenix, Tongaat, Verulam
Estimate Cost of Operation (Including external role players cost)	No cost to the State. All members worked normal hours.
Arrests
Offence	Number of arrests	Number of persons charged
Possession of dagga	03	03

Date of Operation	2015/06/02
Focus Area of Operation	Phoenix, Tongaat, Verulam
Estimate Cost of Operation (Including external role players cost)	No cost to the State. All members worked normal hours.
Arrests
Offence	Number of arrests	Number of persons charged
Possession of dagga	01	01
Possession of unlicensed firearm and ammunition	01	01
Possession of heroin	01	01
Possession of illegal cigarettes	01	01

CLUSTER	UMLAZI CLUSTER
Date of Operation	2015-04-30 2015-05-08 2015-05-29 2015-06-13 2015-07-03 2015-07-09/10 2015-07-17 2015-07-23
Focus Area of Operation	Umlazi Glebe lands hostel and Umlazi sections; Isipingo CBD, Malukazi and Prospecton; (iii) Kwamakhutha areas; (iv) Folweni areas; (v) Amanzimtoti areas, Umbumbulu Areas, Umkomaas and Bhekithemba SAPS areas Ngonyameni and Umlazi sections
Estimate Cost of Operation (Including external role players cost)	Operations are conducted utilizing members on duty with no additional cost to the State.
Arrests
Offence	Number of arrests	Number of persons charged
Possession of Unlicensed Firearm	03	03
Kidnapping	05	05
Illegal Foreign Nationals	54	54
Possession of Dagga	15	15
Dealing in liquor without license	24	24
Assault with the intend to cause grievous bodily harm	33	33
House breaking and theft	06	06
Theft	10	10
Armed Robbery	04	04
Attempted Murder	03	03
Possession of Dangerous weapon	03	03
Drunken Driving	09	09
Murder	04	04
Contravention of the National Road Traffic Act, Act 93 of 1996	12	12
Malicious damage to property	02	02
Contravention of Section 11 of the eThekwini Municipality Informal Trading By Law, 2014	08	08

CLUSTER	INANDA CLUSTER
Date of Operation	2015-05-01 18:00 TO 02:00
Focus Area of Operation	Inanda and KwaMashu
Estimate Cost of Operation (Including external role players cost)	+- R260 000
Arrests
Offence	Number of arrests	Number of persons charged
Possession of Dagga	19	19
Illegal Foreign Nationals	04	04
Reckless and Negligent Driving	02	02
Dealing in Liquor	06	06
Use of Vehicle without owner’s consent	01	01
Possession of Dangerous Weapons	04	04

Date of Operation	2015-05-16 20:00 to 04:00
Focus Area of Operation	Inanda and KwaMashu
Estimate Cost of Operation (Including external role players cost)	+- R150 000
Arrests
Offence	Number of arrests	Number of persons charged
Possession of Dagga	04	04
Dealing in Liquor	06	06
Possession of Dangerous Weapons	02	02

Date of Operation	2015-07-17 20:00 TO 04:00
Focus Area of Operation	Inanda and KwaMashu
Estimate Cost of Operation (Including external role players cost)	+- R50 000
Arrests
Offence	Number of arrests	Number of persons charged
Possession of Dagga	01	01
Dealing in Liquor	06	06
Illegal Foreign Nationals	02	02
Drunken Driving	02	02

TABLE 2

CLUSTER	CHATSWORTH
Date(s) of Operation	2015/05/08
	2015/06/20
	2015/06/03

CLUSTER	PHOENIX
Date(s) of Operation	2015/05/12
	2015/06/02

Reply:

(1)(a) No, SAPS is providing protection to the Minister of Social Development.

(1)(b) No.

(1)(c) No.

(2) This question can best be responded to by SASSA.

Reply:

(1) The number of public service employees completed officials training programmes on the procedures, regulations and legislation regarding the management of discipline and incapacity issues in the workplace in (i) 2012-13, (ii) 2013-14 financial years were included in the Annual Report of the Public Administration Leadership Academy and the National School of Government tabled in Parliament (iii) the auditing process on the 2014-2015 figures has not been completed, this figures will be included in the National School of Government 2014-2015 Annual Report to Parliament.

(2) The National School of Government is in contacts with the South African Qualifications Authority, Quality Council for Trades and Occupations, Department of Public Service and Administration, and the Public Service Sector Education and Training Assurer for accreditation of its training programmes, a list of accredited training programme will be released once this process is completed.

(3) The Department of Public Service and Administration has developed a pool of expert to assist departments in relation to management of discipline, review of the policies to improve capacity of public servants to meet the requirements of the National Development Plan are at an advance stage, when completed, public servants will be required to undergo through these training programmes.

 

Reply:

1. The SAPS has not specifically assigned the Tactical Response Team as the specified Company’s private security guards for the distribution of its product for the past two years.

The SAPS has different Task Teams comprising different SAPS Units to deal with specific crime threats and patterns, including the robbery of trucks. The operations of these Task Teams are guided by the available intelligence, modus operandi and crime patterns.

2. The SAPS protects all people of South Africa and execute its Constitutional mandate without fear or favour.

(3) The SAPS does not have a policy position for a specified company. The SAPS does its work in accordance with Section 205(3) of the Constitution which is applicable to all people of South Africa.

(4) No investigation was instituted against any member of the SAPS.

(a) Not applicable.

(b) Not applicable.

Reply:

There were interventions put in place in the Compensation Fund to address the shortcomings; therefore it was premature to take drastic steps before assessing the full impact of the interventions.

Reply:

I have together with the Executive agreed about how the National Development Plan (NDP) will be implemented as a result Vision 2030 that has been translated into the Medium Term Strategic Framework (MTSF) 2014-2019 as the first 5-year implementation plan. This has informed the development of 5-year Strategic Plans and Annual Performance Plans of all government departments, as well as the allocation of resources from the National Fiscus.

Government departments have produced quarterly progress on the implementation of the MTSF 2014-2019 for Q1, Q2 and Q3 of 2014/15, which have been tabled before and considered by the Executive. The Deputy President as part of the Executive is involved in the implementation and monitoring of the NDP Vision 2030 and the MTSF 2014-2019.

Reply:

Question 2393 has been replied to and the requested information was provided.

Reply:

 

1. At this point transfer is the best solution
2. No, reason being no misconduct has been established.

Reply:

1. The station has conducted ten (10) operations in the 2014/15 financial year as per below dates and there were six (6) illegal taverns and/ or shebeens identified:

28/03/2015, 15/05/2014, 22/12/2014, 03/07/2014, 26/01/2015, 24/07/2014, 27/09/2014, 26/09/2014, 24/10/2014 and 25/10/2014

2. During the operation there were five (5) arrests and five (5) persons charged for dealing in liquor without a license, Chatsworth CAS 618/03/2015 Manufacturing Liquor without a Licence, Chatsworth CAS 490/06/2014 Selling Liquor without Licence, Chatsworth CAS 529/06/2014 Selling Liquor without a Licence, Chatsworth CAS 52/06/2014 Selling Liquor without a Licence, Chatsworth CAS 531/06/2014 Failing to comply with conditions of Licence.

3.  The convictions secured for during the operation were two(2) Chatsworth CAS 490/06/2014, CAS 531/06/2014 and two(2) withdrawn, Chatsworth CAS 529/06/2014 and 52/06/2014.

 

Reply:

The Minister for Public Service and Administration (MPSA) is not a custodian of the Employment Equity Act, (Act 55 of 1998). Compliance with the Employment Equity Act, Act 55 of 1998 (EEA) falls under the purview of the Minister of Labour who receives periodic compliance reports from all employers in the country, including state organs, much of the information requested in this question concerns compliance with the EEA. Therefore, the Minister of Labour is in a better position to reply to this question.

Reply:

Yes, Denel will distribute copies of said book to the Portfolio Committee on Public Enterprises, at the tabling of its Annual Report 2014/15.

Reply:

The responses below are for previously asked question 1192 from 1 – 2 and were sourced from the National Education Collaboration Framework (NECT).

1. (a)

The NECT is a Trust founded on the basis of the Trust Law. It is a public benefit organisation with the primary objective to improve the quality of schooling and systems for monitoring and supporting schools. The NECT is guided by the Education Collaboration Framework (ECF) which is a blueprint for partnership between government and other social partners which aims to:

• influence and support the implementation of government’s education reform;
• increase the effectiveness, value for money and sustainability of private sector social investment in education; and
• improve educational outcomes.

The names of the trustees are provided below in line with the stakeholder categories:

Business (Business Leadership South Africa): Sizwe Nxasana (Chairman), Chief Executive Officer (CEO) of FirstRand Limited; Mark Lamberti, CEO of Imperial Holding; and Futhi Mtoba, TeachSA

Government: Minister AM Motshekga, MP and Acting Director-General, Mr SG Padayachee

Unions: Nkosana Dolopi, South African Democratic Teachers Union (SADTU) Deputy Secretary-General and Basil Manuel, NAPTOSA President

Civil Society: Prof Brian Figaji

Chief Executive Officer: Godwin Khosa

The following managers are officials comprising the NECT:

The CEO, two (2) Education Specialists, the Chief Finance Officer (CFO), the Office Manager, two secondees, four trainees and three administrators.

(1)(b)

The NECT is governed by the Trust Deed and its various committee charters. The NECT has procurement policies as well as staff manuals that govern the conduct and the operations of the NECT.

EXCO Members: Sizwe Nxasana (chairperson), Mark Lamberti, Futhi Mtoba, Nkosana Dolopi, Minister AM Motshekga, MP; Acting Director-General, Mr SG Padayachee

Audit and Risk Committee: Sizwe Nxasana, Mark Lamberti, Futhi Mtoba (Chairperson), Nkosana Dolopi, Minister AM Motshekga, MP

1. (c) (i) (ii)

See attached Excel spreadsheet Annexure A on meetings held.

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

The terms of reference of the NECT are set out in the Education Collaboration Framework (ECF) which draws from Chapter 9 of the National Development Plan (NDP) and the Education Action Plan 2014: Towards the Realisation of Schooling 2019. The ECF was drafted out of consultations involving over 100 role-players in education from a cross-section of education stakeholders. It was launched by the then Deputy President, Mr Motlanthe, at the Presidential Guesthouse on 16 July 2013. The plans and targets for 2015/16, 2016/17 and 2017/18 are set out in the Interim Integrated Report published in December 2014, that can be downloaded from www.nect.org.za.

Reply:

(1) The station is conducting operations every Thursday of the week and so far there are fifty two (52) illegal taverns and fifty two (52) shebeens identified.

(2) During the operation there were ninety eight (98) arrests and ninety eight (98) persons were charged for dealing in liquor without a license.

(3) The convictions secured for during the operation are three (3) taverns and fifteen (15) shebeens for non-compliance.

Reply:

1. (a) the undertaking was to further development the project,

(b) the amount spent was R2.2million.

2. (a) No, funding was stopped because the project did not achieve certain required conditions.

(b) funding ceased during May 2009.

3. The matter was reported to the Commercial Crimes Unit for Investigation.

4. The CEF internal investigation commenced towards end of 2010 and was finalized in 2011. The matter was immediately reported to the National Prosecuting Authority after being considered internally.

Reply:

1. Reply submitted to Parliament on 6 July 2015.

(2)(a) 3820 Suspects have been arrested.

 

(2)(b)(i) 2867 Suspects have been released on bail and warning to appear in court.

(2)(b)(ii) 284 Suspects have been released due to no charges being pressed.

(3) The suspects who are still under detention are being detained at several Correctional Facilities of the Department of Justice and Correctional Services in all Provinces across the country.

(4)(a) 2795 Cases are still pending on the court roll.

 

(4)(b) 558 Convictions had been secured.

(5) Reply submitted to Parliament on 6 July 2015.

Reply:

The response below was received from the KwaZulu-Natal Education Department,

1. (a) The school was handed over to the community in September 1983.

(b) The current enrolment at the school is 1050.

(c) A total o£ 34 educators are employed at the school.

(d) This information is not readily available to the Department of Basic Education. The information has been requested from the KwaZulu-Natal Department of Education. Once the in Formation has been received, it will be Forwarded accordingly.

2. (a) The school spent is R92 124.01 on infrastructure maintenance in 2014.

(b) (i) An amount of R62 729.16 has been allocated for maintenance from the Norms and Standards allocation to the school.

(ii) The allocation will be utilized to conduct day to day maintenance of the school.

(c) The school is prioritized for maintenance related works. which includes electrification and roofing works (including gutters. downpipes and ceiling boards) in the current financial year.

Reply:

(a) and (c) Yes. (i) The purpose of the visit was to lead an MPSA delegation to Beijing, China to attend the 2014 Global City Information Forum (GCIF) from 2 to 6 November 2014, (ii)(aa)(bb) auditing process has not been completed, the costs will covered in the 2014-2015 Audited Financial Statements of the Annual Report for the Department of Public Service and Administration to Parliament.

(b) No

Reply:

(a) Yes

(b) The Department makes provision for the procurement of the necessary or required equipment.

Reply:

The investigation reports are not made public and they remain confidential between the employee and the employer in terms of the disciplinary code.

(a)  (i) One.
(ii) Five.
(iii) Three.

(b) Financial:

Facts / Findings	Parties responsible	Total cost	Steps taken
Misuse of state vehicle	Employee & Employer	Cost not determined

Forensic: All forensic audits have been referred to the Accountant General.

Other Investigations:

Facts / Findings	Parties responsible	Total cost	Steps taken
Abuse of leave	Employee vs employer	Cost is not yet determined	Draft in progress
Alleged Assault	Employee vs employer	No cost	Disciplinary hearing in progress
Alleged corruption related to leave forms	Employee vs employer	No Cost	Investigation in progress

END.

Reply:

(1)(a) The Detective division at Edenvale Police Station currently has 11 vehicles.

(1)(b) Nine (9) vehicles are currently in working condition.

(2)(a) There are 27 detectives at the Edenvale Police Station.

(2)(b) Each detective is currently investigating ± 80 dockets.

(3) Yes, the Edenvale Detective Service will receive additional vehicles for the 2015/2016 financial year.

(3)(a) 2 vehicles are planned for the Edenvale Detective Service.

(3)(b) Within the 2015/2016 financial year.

Signed by Lt Gen V Moonoo

DIVISIONAL COMMISSIONER: DETECTIVE SERVICE

Date: 27 July 2015

Reply to question 2596 recommended

Signed LIEUTENANT GENERAL

DEPUTY NATIONAL COMMISSIONER: POLICING

KJ SITOLE (SOE)

Date: 28 July 2015

Reply to question 2596 recommended

 

Signed GENERAL

NATIONAL COMMISSIONER: SOUTH AFRICAN POLICE SERVICE

MV PHIYEGA

Date: 29 July 2015

Reply to question 2596 approved/not approved

MINISTER OF POLICE

NPT NHLEKO, MP

Date:

Reply:

1. Yes.
2. The CEF Management reported the matter to the National Prosecuting Authority, case number: CAS 65/3/2012. CEF made several follow-ups and the NPA assured CEF that the matter was under investigation and had also been referred to the Specialised Commercial Crime Unit. All the necessary project documents were made available to the (i) AG for the full audit. No documents were sent to (ii) DPSA and the (iii) Public Service Commission as the staff members implicated for possible wrong-doing had left the employ of CEF.
3. This has been done. The CEF Management reported the matter to the National Prosecuting Authority, case number: CAS 65/3/2012. CEF made several follow-ups and the NPA assured CEF that the matter was under investigation and had also been referred to the Specialised Commercial Crime Unit.
4. No. The implicated executive had resigned from their employment with CEF. This was a voluntary resignation and was not related to this matter. At the time when the matter was investigated by our Auditors, the implicated employees had already resigned. As indicated above, charges were laid, the matter was referred to the Special Crimes Unit/ National Prosecuting Authority.

Reply:

1. The Department of Labour does not have a planning model for the inspection of valid work permits as this is a legislative responsibility of the Department of the Home Affairs and South African Police.
2. In its normal work aligned with granting of work permits the Department of Labour mere conducts inspections at work places to determine compliance with prescribed conditions of employment. Furthermore the Department notifies the Department of Home Affairs should it discover employees without valid work permits.
3. (i) N/A and (ii) N/A

Reply:

1. Constable DM Mapatlare.

(1)(b) The member was served with a notice of contemplated suspension/transfer. He submitted a representation in reply to this notice. The Provincial Commissioner is presently considering the member’s representation and will make a decision with regards to the suspension/transfer.

(1)(c) Capt Bakker from Provincial Legal Services.

(2)(a) Yes. The member was served with a notice of contemplated suspension/transfer.

(2)(b) Yes. The member was served with a notice of contemplated suspension/transfer.

Reply:

(a)(i) Nil

(a)(ii) Three (3) – Detailed forensic accounting investigations

(a)(iii) Nil

(b)(i) Durban-Central CAS 2001/08/2005: Fraud and/or Theft against the principal member of Durban Bay Trust Company Limited. Durban Bay Trust Company Limited offered services dealing with participation bonds, loans and investments, as well as the administration of deceased estates. It was alleged that during the period 1996 to 2005 the accused and /or associated entities accepted capital from members of the public to invest, inter alia, on the stock exchange and property. They also operated a trust dealing with estates; and trust monies were used to repay investors.

PARK ROAD CAS 476/06/2003: The accused together with other accomplices operated an investments scheme in the Vaal Triangle from about the mid 1990’s to approximately June 2002. The accused started a cash loan business in the Vaal Triangle which was later expanded to six cash loan outlets in the Vaal Triangle. The accused acquired a close corporation during 1998, through which the accused’s family elicited deposits from the public to finance the cash loan enterprises. The investors were promised a return of 10% interest per month on their investments. The operation of the accused and the family came to the attention of the Department of Trade and Industry during 1999. The accused also acquired another company during 2001 in which shares were issued without complying with legal requirements.

KABEGA PARK CAS 277/05/2004: The accused conducted a fraudulent pyramid scheme. The evidence disclosed that the funds obtained from investors were primarily deposited in the bank account of a company. The accused also channeled some of the funds through an account in the name of his father-in-law.

(b)(ii) Durban-Central CAS 2001/08/2005: LMD Africa Forensics (Pty) Ltd.

PARK ROAD CAS 476/06/2003: Sizwe Ntsaluba Gobodo Audit Advisory Forensics

KABEGA PARK CAS 277/05/2004: Deloitte & Touche Registered Auditors, Risk Advisory and Legal

(b)(iii) Durban-Central CAS 2001/08/2005: R432 313.31

PARK ROAD CAS 476/06/2003: R357 033.75

KABEGA PARK CAS 277/05/2004: R282 282.24

(b)(iv) Durban-Central CAS 2001/08/2005: Accused was sentenced to 5

years imprisonment

PARK ROAD CAS 476/06/2003: Accused was sentenced to 5 years imprisonment, suspended in full for 5 years and 36 months correctional supervision.

KABEGA PARK CAS 277/05/2004: The accused was sentenced to 15 years imprisonment.

Reply:

No pardon has been granted to the individual in question.

Reply:

 

1. Yes. We have put together a plan that aims to address the basic bottlenecks in service delivery and sound financial management. It entails focusing on improving the financial administration, improving the levels of customer service in the Fund, addressing human resource constraints in the Fund.
2. This is to be achieved by addressing the system deficiencies that prevent performance of basic financial management functions, improving access to benefits for clients though a number of initiatives which include easing the process of access to chronic medication, filling the critical vacancies required in the adjudication of claims and addressing all systems problems that contribute to slow rate of processing claims.

NW3173E

Reply:

1. Eskom did not have the financial capacity to conclude the transaction and hence the project negotiations were aborted. However, the IPP office has revived the project.
2. Yes, IPP’s play an important role, side by side with Eskom, in bringing more MW into the grid. The current RSA IPP programme has been acknowledged as one of the best IPP programmes globally.

Reply:

Yes, the requested information is now available. Please see the reply to Question in Parliament number 2395.