Questions and Replies

Reply:

(a) The SAPS and SANDF are not holders of Broadcasting Licences.

 

MR N MUNZHELELE

[ACTING] DIRECTOR GENERAL

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI, MP

MINISTER OF COMMUNICATIONS

DATE:

Reply:

(I), (2) and (3) The Honourable Member should note that by-elections-to elect a new Municipal Council in the Mpofana Local Municipality with held on 26 November 2014. Before this by-election was held, a recovery plan was circulated to relevant stakeholders for input. The recovery plan covered the following priority areas:

(i) Municipal Institutional Development and Transformation
(ii) Municipal Financial Viability and Management;
(iii) Basic Service Delivery;

(iv) Local Economic Development

(v) Good Governance and Public Participation; and

(vi) Cross Cutting Issues.

From the assessment made by the KZN CoGTA Department, it appeared that Mpofana Local Municipality would still be in a vulnerable state when the section 139(1) (c) intervention terminated after the by-election was held. The Provincial Executive therefore took a resolution to replace this intervention with a directive issued in terms of section 139(1) (a) of the Constitution after the by-election. This directive, which was envisaged to expire at the end of March 2015, provided that the municipality must fulfil the following:

(i) Adopt by Council Resolution, the exit strategy in respect of the close-out report of the intervention in terms of section 139(1) (c) of the Constitution, and accept the continuation and provision of support by KZN CoGTA or any other stakeholder during the period of the intervention;

(ii) Accept a resource deployed by CoGTA to assist the municipality to implement the exit strategy;

(iii) Ensure that the Municipal Manager and all senior managers account in respect of all indicators included in the exit strategy, on a monthly basis;
(iv) Attend all Steering Committee meetings convened by KZN CoGTA on interventions; and

(v) Develop a strategy of addressing imminent service delivery protests.

In the notice of the termination of the intervention, it was reported that the Mpofana Local Municipality has made substantial progress on its exit strategy and also complied with the above directive. It was also reported that the remaining issues on the exit strategy will be implemented by the municipality, with ongoing support from KZN CoGTA and other sector departments. Strategies to address outstanding issues were developed and these strategies were integrated into the Back to Basics approach.

Apart from the above notice, a presentation of the close-out report which was prepared by the Ministerial Representative has highlighted several overall achievements of this intervention. Some of these achievements are the following:

(i) Portfolio committees and MPAC have been established, and meetings of the Municipal Council and portfolio committees convene every month;
(ii) An Interim Finance Committee was established to address cash flow problems;
(iii) There has been a revival of ward committees and the newly elected councillors, who have since undergone capacity building programmes, hold public meetings in all wards;

(iv) As most service delivery challenges revolve around water shortages, the municipality and Umgungundlovu DM are working much closer than before to address the problem;

(v) Successful resolution of the litigation matter between the municipality and Tai Yuen Textiles; and

(vi) Sporadic service delivery protests have been promptly addressed, and there has been an improvement in meeting legislative compliance deadlines.

The achievements made during this intervention partly address the challenges that were prevalent in the municipality, which led to the intervention, such as the absence of an Internal Audit Committee. These achievements also address some of the challenges which were identified in the Back to Basics Support Plan for Mpofana Local Municipality, such as serious backlogs in water provision.

Notwithstanding these achievements, it appears that there are still several challenges among those that were identified shortly before the intervention was invoked, which still remain unaddressed. Examples of these are losses in the sale of electricity, due to illegal connections, and poor debt recovery. In addition to these, the presentation of the close-out report lists further challenges in this municipality. Some of these challenges are:

(i) Very weak internal audit and audit committee, and the skills audit process is long overdrawn and still incomplete;
(ii) The projected budget is in deficit, and there is a lack of relevant capacity in managing municipal finances within the Budget and Treasury Office (BTO), which will delay the financial turnaround;

(iii) The municipality owes grant funds, used for operational reasons, and there is no reflection in the budget on how this will be paid back;
(iv) Inadequate project management and coordination at a technical level delays project implementation;
(v) Ability to manage Municipal Infrastructure Grant (MIG) and other grants is inadequate, and there is inadequate development planning capacity; and
(vi) No risk management.

In light of the challenges still prevalent in the Mpofana Local Municipality, the MEC will closely monitor and provide the necessary support to the municipality, working together with the relevant KZN Back to Basics Task Team.

Reply:

The information requested by the Honourable Member is not readily available within the Department. We have, however, requested all the Provinces to provide this information.

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

Reply:

The monitoring and evaluation component of the Department is currently at a level of a Sub-directorate, and consists of a Deputy Director and an Assistant Director. A process currently is underway with DPSA to review the organisational structure.

Reply:

NATIONAL TREASURY

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 58 945.10	R 60 760.00
(bb) 2013-14	R 131 131.69	R 31 640.00
(cc) 2014-15	R 183 605.28	R 0.00

 

FINANCIAL SERVICES BOARD

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 18 148.80	R 24 519.39
(bb) 2013-14	R 18 148.80	---
(cc) 2014-15	R 53 286.74	---

GOVERNMENT EMPLOYEES PENSION FUND

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 64 022.40	R 87 723.00
(bb) 2013-14	R 0.00	R 0.00
(cc) 2014-15	R 0.00	R 0.00

GOVERNMENT PENSIONS ADMINISTRATION AGENCY

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 726 707.52	R 812 130.97
(bb) 2013-14	R 598 581.50	R 705 080.88
(cc) 2014-15	R 462 578.27	R 362 853.79

INDEPENDENT REGULATORY BOARD FOR AUDITORS

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 20 174.00	R 0.00
(bb) 2013-14	R 53 904.90	R 0.00
(cc) 2014-15		R 0.00

LAND BANK

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 47 174.02	R 0.00
(bb) 2013-14	R 107 963.33	R 0.00
(cc) 2014-15	R 149 736.10	R 0.00

PENSION FUNDS ADJUDICATOR

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 8 166.96	R 0.00
(bb) 2013-14	R 0.00	R 0.00
(cc) 2014-15	R 0.00	R 0.00

SOUTH AFRICAN AIRWAYS

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 80 028.00	R 421 956.70
(bb) 2013-14	R 0.00	R 116 520.77
(cc) 2014-15	R 648 226.80	R 62 996.40

SOUTH AFRICAN REVENUE SERVICES

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 892, 611.88	R 651, 197.07
(bb) 2013-14	R 794, 341.85	R 452, 260.17
(cc) 2014-15	R 1, 405, 492.00	R 827, 689.12

SASRIA

Financial year	The Sowetan	The Daily Sun
(aa) 2012-13	R 0.00	R 0.00
(bb) 2013-14	R 0.00	R 0.00
(cc) 2014-15	R 33 744.00	R 0.00

Other entities have not spent any funds on advertising in Sowetan and The Daily Sun during the financial years in question.

Reply:

I am not aware to these assertions.

I intend writing to the MEC responsible for Local Government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission and investigation into the matter.

I will await the outcome of the investigation to determine whether or not there are findings that will enable me to provide a response to this question.

Reply:

The department is currently gathering the information required to respond to this question as it is not information that is readily available. After the details of the 87 auditees referred to in the General report have been received from the Auditor General, each of these municipalities will be requested to provide the details of the cases that constituted the total of the irregular expenditure in question in order to respond to part two of the question.

The response will be provided as soon as possible after this information is made available.

Reply:

1. No, as stated in my response to PQ2015/2459, I am not aware of these assertions.
2. Again as stated in my previous response to PQ2015/2459, I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

Reply:

The Department of Energy, not the National Treasury, is responsible for developing the
Integrated Resources Plan (IRP) and making determinations relating to generation capacity required to enable procurement of power from the proposed Mmamabula Energy Project.

Reply:

The Department spent as per below breakdown:

HQ LABOUR	2012-2013	2013-2014	2014-2015
(i)SOWETAN	R560 159.87	R585 060.78	R271 368.72
(ii)DAILY SUN	R777 265.50	R789 273.05	R699 177.80

ENTITIES:

(b) ENTITIES REPORTING TO THE MINISTER (i) (Sowetan)	(aa) 2012-13	(bb) 2013-14	(cc) 2014-15
NEDLAC	n/a	n/a	n/a
UIF	n/a	R148,243.32	R371,229.60
CF	R291, 012.20	R624, 552.22	R66, 983.43
PSA	n/a	R76, 799.52	R254, 177.02
CCMA	n/a	n/a	n/a

(b) ENTITIES REPORTING TO THE MINISTER (ii) (Daily Sun )	(aa) 2012-13	(bb) 2013-14	(cc) 2014-15
NEDLAC	n/a	n/a	n/a
UIF	n/a	R29,930.47	n/a
CF	R174, 911.80	R298, 344.39	n/a
PSA	n/a	n/a	n/a
CCMA	n/a	n/a	*R 39, 979.80

# PSA – payment made to Times Media with adverts in Sowetan and Sunday times.

Compensation Fund – Sowetan Live – 2013/14 = R100, 000.00.

Reply:

(1) The Department is not aware of any municipal managers that are prevented from performing their functions but rather municipal managers who have been suspended from work for breach of conduct.

(2) According to information furnished by provinces, the following are municipal managers that have been placed on suspension by municipalities:

Province	Municipal Manager	Municipality	Date placed on suspension	Nature of misconduct
Eastern Cape	Details not furnished. Province requested to obtain information.	Ikwezi LM	Details not furnished. Province requested to obtain information.	Details not furnished. Province requested to obtain information.
	Details not furnished. Province requested to obtain information.	Inkwanca LM	Details not furnished. Province requested to obtain information.	Details not furnished. Province requested to obtain information.
Free State	Mr PI Radebe	Mafube LM	5 January 2015	Council decision to implement consequence management due to Auditor-General audit opinion of a disclaimer over the past 5 years.
Gauteng	Nil	Nil	Nil	Nil

Province	Name of municipal manager	Name of the municipality	Date of suspension	Nature of misconduct
KwaZulu-Natal	Details not furnished. Province requested to obtain information.	Endumeni LM	26 March 2014	Details not furnished. Province requested to obtain information.
	Details not furnished. Province requested to obtain information.	Imbabazane LM	Details not furnished. Province requested to obtain information.	Details not furnished. Province requested to obtain information.
	Details not furnished. Province requested to obtain information.	Indaka LM	Details not furnished. Province requested to obtain information.	Details not furnished. Province requested to obtain information.
	Details not furnished. Province requested to obtain information.	Vulamehlo LM	Details not furnished. Province requested to obtain information.	Details not furnished. Province requested to obtain information.
Limpopo	Mr TM Maake	Mopani DM	1 February 2015	Financial misconduct
	Mr Ntwane	Thabazimbi LM	10 December 2014	Maladministration, misappropriation of funds and non-compliance with supply chain procedures
	Mr M Mathivha	Thulamela LM	28 April 2015	Fruitless expenditure
	Ms C Mamitla	Polokwane LM	4 May 2015	Financial misconduct
	Mr MF Ramaphakela	Lepelle-Nkumpi LM	Details not furnished. Province requested to obtain information.	Details not furnished. Province requested to obtain information.
Mpumalanga	Nil	Nil	Nil	Nil
North West	Mr K Rabanye	Mahikeng LM	29 November 2014	Corruption and maladministration
	Mr J Bhine	Ditsobotla LM	3 April 2013	Gross maladministration
	Mr J Makade	Ventersdorp LM	11 October 2014	Maladministration
Northern Cape	Mr TF Leeuw	Magareng LM	20 April 2015	Maladministration
	Mr M Fillis	Ubuntu LM	5 March 2015	Corruption and maladministration
Western Cape	Nil	Nil	Nil	Nil

Reply:

(a) Section 62(1)(d) of the Municipal Finance Management (MFMA) provides that the Accounting Officer must take all reasonable steps to ensure that unauthorized, irregular, fruitless and wasteful expenditure or other losses are prevented. Furthermore section 125(2)(d) of the MFMA requires that the notes to the annual financial statements must include particulars of any material losses or any material irregular or fruitless and wasteful expenditure, including in the case of a municipality, any material unauthorized expenditure that occurred during the financial year and whether these are recoverable.

From the above it is clear that the legislation places the obligation to make public and disclose particulars of any irregular expenditure incurred, including taking steps to prevent such expenditure from being incurred, on the Accounting Officer. Moreover, the legal principle underpinning the MFMA is that the Accounting Officer and Council are responsible for implementation of the MFMA and to ensure appropriate corrective measures are taken.

b) The Honorable member to note that section 62 of the Municipal Systems Act sets out the process to be followed when aggrieved persons are dissatisfied with decisions taken by a municipality. The process provides for appeals to be dealt with by the municipality within its internal governance structures. There is no requirement in section 62 for decisions with regard to the outcomes of appeals to be reported to the National Treasury. Information in this regard is therefore only available at institutional level and therefore National Treasury was not made aware of the extent of the appeals.

c) With regards to supply chain management disputes or objections, regulations 49 and 50 of the Municipal Supply Chain Management Regulations provide the procedure to be followed. The regulations provide that such disputes be first investigated internally by the municipality before it escalates the matter to the provincial or national treasury. It is therefore clear that the National Treasury will not be aware of supply chain management disputes unless a municipality or the relevant treasury was unable to resolve the matter through its internal processes. The details of such information will be available at institutional level.

(2) Correspondence was received from the City Manager dated 3 September 2012. However, this only provided information of irregular expenditure relating to the request for condonement. As mentioned earlier, the detailed information on all irregular expenditure is maintained within the municipality and in this instance was not shared with National Treasury.

(3) (a) Section 32(2) of the MFMA provides that the Municipal Council must recover all irregular expenditure incurred unless the municipal council has, after an investigation by a council committee, certified the expenditure as irrecoverable and has written it off. It is therefore clear that legislatively, the municipal council is the only appropriate structure who should take action in relation to the irregular expenditure that has been incurred. Information in this regard is therefore best obtained from the municipality concerned.

(b) Section 171 of the MFMA defines when an accounting officer of a municipality commits an act of financial misconduct. To further support the implementation of this section and chapter 15 as a whole, the Municipal Regulations on Financial Misconduct Procedures and Criminal Proceedings (“Financial Misconduct Regulations”) was promulgated on 31 May 2014 which sets out processes to be followed by municipalities in dealing with allegations of financial misconduct. The regulations provide that as a start, allegations has to be dealt with by the municipal council through its internal established structures that deals with disciplinary matters. This relevant matter will therefore be referred to the Executive Mayor of this specific municipality for his further handling consistent with the provisions of the Financial Misconduct Regulations.

(4) The National Treasury will not be conducting any forensic audit at the municipality at this stage as the information at hand indicate that the Office of the Public Protector is in the process of conducting an investigation at the municipality. The National Treasury will await the outcome thereof.

Reply:

(1)No, as stated in my response to PQ2015/2467, I have not investigated the matter and therefore am not aware of the details pertaining the matter.

(2)I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

Reply:

(a) None

(b) Only South African Broadcasting Corporation (SABC), which is exempted from paying an annual license fee.

 

 

 

 

MR N MUNZHELELE

[ACTING] DIRECTOR GENERAL

DEPARTMENT OF COMMUNICATIONS

DATE:

MS AF MUTHAMBI, MP

MINISTER OF COMMUNICATIONS

DATE:

Reply:

(1) Yes, the Department has received the information from the Phumelela Local Municipality.

(2) (a) (i) &(ii) According to the information received, the municipality did not utilize its budget in respect of the farm Krynauwslust in the Vrede district of the Free State; hence, no irregularities were reported (b) In the context of the preceding question, the Department did not engage with the Vrede District Municipality. Instead, the Department exchanged correspondence with the Phumelela Local Municipality on this matter

Reply:

The information is not readily available and must be obtained from the provinces.  A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

Reply:

The question asked by Honourable member, Mr K J Mileham, must be directed to National Treasury, as it is the competent authority to provide the information requested. National Treasury monitors Audit Committees in terms of sec 166 of the Municipal Finance Management Act.

Reply:

The following response is based on the information provided by Ekurhuleni, EThekwini, City of Johannesburg, City of Tshwane, City of Cape Town, Nelson Mandela Bay and Mangaung Metropolitan municipalities. The Buffalo City Metropolitan Municipality did not meet the deadline for submission of responses. However, the municipality has been requested to respond accordingly. The information will be delivered to the Honourable Member as soon as it is received:

1)

Municipality	Qualified and Registered engineers
City of Johannesburg	68
Ekurhuleni Metro	170
City of Tshwane	328
Mangaung	10
City of Cape Town	547
EThekwini	55
Nelson Mandela Bay	53

2)

Municipality	Field of specialisation of each specified engineer in respect of civil engineering, electrical engineering and any other engineers employed
Ekurhuleni	Energy :71 Engineers Roads and storm water : 44 engineers Water and sanitation:55 engineers
City of Tshwane	74 Engineers/ Engineer Technologists 185 engineers/technologists 67 Civil Engineers/ Engineer Technologists 2 Civil Engineers/ Engineer Technologists
City of Johannesburg	Technical Engineers (Water); Civil Engineering (Water); Civil Engineering; Capital Planning Engineering; Chemical Engineering; Electrical Engineering: Network Planning; Network & Services Planning; Network operations; Electrification; Electrical Technology; Plant Test; Roads Engineers: Local Roads Planning; Economic Roads Planning; Road Safety; Storm water Planning; Freight Standards and Compliance; and Freight Infrastructure Support.
Mangaung	8: Civil Engineering 2: Project Engineering
City of Cape Town	2: Chemical Engineers 134: Civil Engineers 11: Construction Engineers 2: Development Engineers 31: Electrical Engineers 208: Engineers I ii iii iv 12: Mechanical Engineers 2: Network Engineers: 2 145: Project Engineers
EThekwini	55: Civil Engineers Information on other engineers is outstanding.
Nelson Mandela Bay	53 Civil engineers

3)

Municipality	how many vacancies exist for qualified and registered engineers in each metropolitan municipality	what is the job title of each vacancy and	since what date has each position been vacant
Ekurhuleni	44 vacancies	See attached	See attached
City of Tshwane	96 vacancies	Job titles vary between Chief engineers, engineering consultant/technologist and engineers and engineering technicians	80 positions since December 2013 Transport Department, 45 positions since the structure was approved. They are unfunded. Tshwane Rapid Transit: The 4 positions are all new. They are unfunded and part of the current approved structure.
City of Johannesburg	16 vacancies	1 :Manager: Technical Co-ordination; 1 :Senior Engineer: Local Roads Planning; 1 :Senior Engineer: Economic Roads Planning; 2 :Manager Regional Storm water Planning Region; 3 :Manager: Network Planning; 1 :Manager: Road Safety Engineer; 1 :Manager: Freight Standards and Compliance; 1 :Manager: Freight Infrastructure Support; 1 :Network & Services Planning; 1 :Network operations; 1 :Electrification; 1 :Capital Planning; and 1 :Plant Test.
Mangaung	45 vacancies	Job Title: Engineer in Training//Senior// First Engineer	The majority of vacant posts are new posts on the MMM structure and have been created with effect from August 2012.
City of Cape Town	55 vacancies	Senior Professional Officer: Tenders and	05-May-15
		Professional Officer	30-Apr-15
		Principal Professional Officer	21-Apr-15
		Senior Professional Officer	21-Apr-15
		Senior Professional Officer	21-Apr-15
		Senior Professional Officer	01-Apr-15
		Senior Professional Officer	01-Apr-15
		Waste Water Treatment Works Manager	01-Apr-15
		Pump Station Manager	05-Mar-15
		Professional Officer	01-Mar-15
		Senior Professional Officer	01-Mar-15
		Senior Professional Officer	01-Feb-15
		Head: Asset Management Water	01-Feb-15
		Senior Professional Officer	01-Feb-15
		Senior Professional Officer	20-Jan-15
		Principal Professional Officer	01-Jan-15
		Senior Professional Officer: Infra Man	01-Jan-15
		Bulk Water Storage & Conveyance Specialist	01-Jan-15
		Senior Professional Officer	01-Dec-14
		Professional Officer	25-Nov-14
		Professional Officer	25-Nov-14
		Professional Officer	25-Nov-14
		Professional Officer	25-Nov-14
		Professional Officer	18-Nov-14
		Senior Professional Officer	18-Nov-14
		Senior Professional Officer	01-Nov-14
		Co-ordinator: Transmission System Developer	01-Nov-14
		Professional Officer	01-Nov-14
		Senior Professional Officer	01-Nov-14
		Senior Professional Officer	01-Nov-14
		Senior Professional Officer	01-Nov-14
		Head: Water Laboratory	01-Oct-14
		Professional Officer	01-Oct-14
		Professional Officer	01-Aug-14
		Professional Officer	01-Jul-14
		Senior Professional Officer	01-Jul-14
		Senior Professional Officer	01-Jul-14
		Head: Fleet Management	01-Jun-14
		Senior Professional Officer	01-May-14
		Head: Quantity Survey	04-Apr-14
		Senior Professional Officer	18-Mar-14
		Senior Professional Officer	01-Mar-14
		Professional Officer	01-Jan-14
		Head: Public Transport Survey & Analysis	01-Dec-13
		District Manager: Waste Water Ops	01-Sep-13
		Principal Professional Officer	07-Aug-13
		Director: HS Planning & NHP Implementati	01-Aug-13
		Principal Professional Officer	01-Aug-13
		Chief Mechanical Design Engineer	01-Jul-13
		Head: Integrated Waste Man Strat & Pol	25-Jun-13
		Bulk Water Scheme Manager	01-Feb-13
		Principal Professional Officer: IMS-DS	01-Jan-13
		District Manager: Waste Water Ops	01-Jan-13
		Professional Officer	01-Oct-12
		Pump Station Manager	01-Sep-12
EThekwini	69 vacancies	Professional engineer	31/05/2014
		Professional engineer	29/06/2011
		Professional engineer (chemical)	01/07/2012
		Professional engineer (chemical)	01/07/2012
		Professional engineer (chemical)	01/07/2012
		Professional engineer (chemical)	06/12/2010
		Professional engineer (electrical)	02/05/2014
		Professional engineer (electronics)	31/10/2014
		Professional engineer (mechanical)	06/07/2014
		Senior professional engineer (civil)	31/05/2012
		Senior professional engineer (civil)	01/12/2014
		Information is outstanding
Nelson Mandela Bay	16 vacancies	16 technicians	5 technicians: 2010 2 technicians: 2011 2 technicians: 2012 2 technicians: 2013 4 technicians: 2014

 

4)

Municipality	Whether there are any criteria determining the number of engineers in each field to be employed by each type of municipality; if not, why not; if so,	b) what are the relevant details and	c) where is this codified
City of Johannesburg	Positions are determined in terms of the approved Organisational Structure and the service delivery requirements	This is determined in terms of the approved Organisational Structure.	This is determined in terms of the approved Organisational Structure.
Ekurhuleni	The number of engineers needed is determined in collaboration with the relevant Head of Department by means of a functional analysis and work study.
City of Tshwane	Service Infrastructure –Water and Sanitation , Transport Department and TRT	The details are on approved structure of the department	The details are on approved structure of the department
	Transport Department and TRT	Organizational Structure	Organizational Structure
Mangaung	Not provided	Not aware of any criteria determining the number of engineers in each field.
City of Cape Town	Yes. Competency framework for local government occupational streams	Knowledge, experience and qualifications	Not provided
EThekwini	Yes	ECSA and Water Services Act requirement	ECSA and Water Services Act
Nelson Mandela Bay	Yes	1 Professional engineer. 4 technologist and technicians	ECSA and SAICE

 

Reply:

(1)No, I have not investigated the matter and therefore am not aware of the details pertaining the matter.

(2)I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4) (a) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

(3) Falls off.

Reply:

I am not aware of these assertions.

I intend writing to the MEC responsible for local government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission an investigation into the matter.

 

Reply:

ATTACHED FIND HERE: Reply

Reply:

(a)(b)(i)(ii)(aa)(bb)(cc)

The Departments:

The Sowetan
2012/2013	2013/2014	2014/2015
111,444 .27	176,592.50	239,974.07
The Daily Sun
2012/2013	2013/2014	2014/2015
-	-	38,136.42

The Entities:

The South African Cities Network (SACN)

The SACN did not spend any amount on advertising in Sowetan and Daily Sun in the 2012 /13, 2013/14 and 2014/15 financial year.

South African Local Government Association (SALGA)

The Sowetan			Total
2012/2013	2013/2014	2014/2015
-	R50, 940,90	R73, 051,20	R123,992,10
The Daily Sun
2012/2013	2013/2014	2014/2015
-	-	-

Municipal Demarcation Board

The Sowetan			Total
2012/2013	2013/2014	2014/2015
R267,471,36	-	R30,834,70	R298 306,06
The Daily Sun
2012/2013	2013/2014	2014/2015
R380,933,25	R298,981,26	-	R679 851,54

Reply:

The Department of Human Settlements:

(a) & (b) The amount spent by the Department of Human Settlements on purchasing and installation of a generator is R1 784 859,00.

(c) The amount for operating costs (fuel) since the generator was purchased R 22 956.00.

(d) There are no maintenance costs incurred thus far.

The Entities:

(a) There are eight (8) public entities reporting to the Minister of Human Settlements, only the following three public entities have purchased generators:

• EAAB spent R391 006.40 on the 11th March 2014;
• NURCHA has spent R 288 635 in 2007; and
• NHBRC has spent R 700 000.00.

(b) Installation cost for the generators of NHBRC and NURCHA was included in the purchasing amount. EAAB has spent R 10 000.00 for installation.

(c) Spending on operational cost, including fuel:

• The HDA is responsible for the refuelling of the generator. The average cost to refuel the generator is R 4000.00, based on 4x4 hour load shedding per month;
• NURCHA has spent R 69 223.00;
• EAAB has spent R 9 763.84 from 12/05/2014 to 01/01/2015; and
• NHBRC has spent R 134 982.82 (This includes: Diesel = R 93 091.49; SMS Commander = R 10 545.00; and SDM Controller = R 31 346.33)

(d) Maintenance of generators

• EAAB has spent R 15 298.80 to maintain the generators from 23/09/2014 to 01/01/2015;
• NURCHA has spent R 13 800.00 per annum
• NHBRC has spent R 64 655.63 for the service and maintenance of the generators since 1 April 2013.

Reply:

Government has not taken any decision to establish new cities, and thus no funds have been set aside for this purpose. It should also be noted that development of cities can evolve from small towns or urban nodes that grow as a result of increased economic activities and population growth. Examples of such areas include towns such as Lephalale, which is growing rapidly due to increased economic activities and public infrastructure investments in the area. Furthermore, the location, desirability and growth of such areas are informed by municipalities’ Spatial Development Frameworks. It is, therefore, the responsibility of municipalities to approve such developments. However, as new and substantial economic hubs develop in new towns and cities, government will assist these municipalities to acquire appropriate planning and other technical capability to manage these new challenges and opportunities.

Reply:

No. the law has only been in place for few months hence cannot make a realistic analysis of what the real cause of the delays are at this stage.

Reply:

If news were required to give up five minutes of the bulletin, the SABC will hardly be left with enough time to do the stories that are already limited.

The SABC Television and SABC Education are already providing an invaluable service as per its mandate and the ICASA license conditions

MR N MUNZHELELE
[ACTING] DIRECTOR GENERAL
DEPARTMENT OF COMMUNICATIONS
DATE: 24/07/15

MS AF MUTHAMBI, MP
MINISTER OF COMMUNICATIONS
DATE:

ATTACHED FIND HERE: QUESTION NUMBER 2305 OF 2015

Reply:

The Honourable Member should note that the Department of Energy is responsible for administering the petrol and diesel prices, and also for determining the basic fuel price (BFP). The Minister of Finance is only responsible for setting the levies and any taxes on petrol and diesel. However, to make it easy for the Honourable Member, I will draw from the website of the Department of Energy (http://www.energy.gov.za/files/petroleum_frame.html) to assist in providing a comprehensive response to the question. The starting point in arriving at the domestic wholesale retail selling price of petrol diesel in South Africa is the calculation of the basic fuel price (BFP), and I will draw on the website of the Department of Energy in response to questions 1(a) and (b) (i) (and (iv)), and then provide my own response to the questions on the tax and levies on petrol and diesel.

(1). (i) and (iv) The website of the Department of Energy states that the basic fuel price (BFP) attempts

“to represent the realistic, market-related costs of importing a substantial portion of South Africa's liquid fuels requirements, and it is therefore deemed that such supplies are sourced from overseas refining centres capable of meeting South Africa's requirements in terms of both product quality and sustained supply considerations.

The petrol price in South Africa is therefore directly linked to the price of petrol quoted in US dollars at refined petroleum export orientated refining centres in the Mediterranean area, the Arab Gulf and Singapore. This means that the domestic prices of fuels are influenced by (a) international crude oil prices, (b) international supply and demand balances for petroleum products and (c) the Rand/US Dollar exchange rate”.

The website goes on to note that there are both international and domestic influences that are added to the BFP to arrive at the final pump prices in the different fuel pricing zones (magisterial district zones). The domestic influences include inland transport costs, wholesale margin, retail profit-margin, the slate levy, and various taxes / levies as listed below. It should be noted that diesel prices are regulated only up to the wholesale level; so the retail price of diesel is not regulated.

(ii), and (iii) Levies on fuels and taxes

The following levies and taxes that apply to liquid fuels in South Africa are provided below:

Table 1: Levy, tax and additional items on PETROL AND DIESEL

Levy	Date first imposed	Amount of levy Fiscal year 2015/16	Objective of the levy
General fuel levy	Early 1980s; Customs and Excise Act, No.91 of 1964 Introduced for the first time around April 1983	255 cent per litre on petrol and 240 cent per litre on diesel	Revenue (net of the refunds) go to the National Revenue Fund, from which they are appropriated to fund government’s general expenditure programmes, including the construction and maintenance of roads and support of public transport. Refer to the annual Budget Review for more information for any specific fiscal year. . Since the abolishment of RSC levies, about one third of the revenue is shared with metropolitan municipalities.
Customs and excise levy	1994; Customs and Excise Act, No.91 of 1964 Introduced in April 1983	4 cents per litre on petrol, diesel and biodiesel. The 4 cents per litre has been fixed since the 1990s.	Included in the Southern African Custom Union (SACU) pool and shared amongst the SACU member countries.
Road accident fund levy	Road Accident Fund Act, No.56 of 1996 Introduced in May 1997	154 cents per litre on petrol, diesel and biodiesel	Provides cover for all road users against injuries sustained or death arising from accidents involving motor vehicles.
Equalisation fund levy	Central Energy Fund Act, No. 38 of 1977; Introduced in January 1979	Zero cents per litre on both diesel and petrol since 1996	The fund was in the past primarily used to smooth out monthly fluctuations in the price of liquid fuels. This was an attempt to try and limit the impact of volatile international crude oil prices and fluctuations in the Rand / US $ exchange rate on fuel prices. This effort has not been very successful and was ceased about 5 years ago.
Demand Side Management Levy	The Central Energy Fund Act, No. 38 of 1977; Introduced in January 2006	10 cents per litre on 95 Octane petrol in inland areas	Most vehicles in the inland market do not require 95 ULP. In an effort to limit the demand for 95 ULP in the inland area to prevent "octane wastage" and to ensure sufficient supply for motorist who really need it the DSM levy was introduced.
Petroleum Pipelines Levy	The Petroleum Pipelines Levies Act, No. 28 of 2004 Introduced in March 2007	0.15 cents per litre - NERSA	To meet the general administrative and other costs for the functions performed by the Petroleum Pipelines Regulatory Authority.
Slate Levy	The Central Energy Act, No.38 of 1977 Introduced in January 2009	Fluctuates	To finance the balance in the Slate account when the Slate is in a negative balance. If the daily Basic Fuel Price (BFP) is higher than the BFP in the fuel price structure, a unit under recovery is realised otherwise there is an over recovery for the oil companies.
IP tracer dye levy	Central Energy Fund Act, No. 38 of 1977. Introduced in August 1999	0.01 cents per litre	To curtail the unlawful mixing of diesel and illuminating paraffin, an illuminating paraffin tracer dye is injected into illuminating paraffin. An illuminating paraffin tracer dye levy was introduced into the price structures of diesel to finance expenses related thereto.

The Table below indicates how the pump price for petrol, and the wholesale price for diesel, is determined for an inland province like Gauteng.

Table 2: Composition of levy, tax and additional items in Gauteng

COMPOSITION OF THE RETAIL PRICE OF PETROL AND THE WHOLESALE PRICES FOR DIESEL IN GAUTENG FOR June 2015
GAUTENG FUEL PRICES	Petrol 93 ULP	Diesel * 0.05% S
	c/l	c/l
Basic fuel price (BFP)	644.65	638.63
Wholesale margin	33.50	64.70
Service cost recoveries	30.00	30.00
Dealers margin (*)	151.10	N/A
Zone differential in Gauteng	35.30	35.30
Fuel levy	255.00	240.00
RAF levy	154.00	154.00
Customs & excise duty	4.00	4.00
IP Tracer levy	N/A	0.01
Slate levy	0	0
Petroleum Pipelines Levy	0.15	0.15
Rounding	0.3
Retail price	1 308.00
Wholesale price		1 166.79

(2) Fuel levy revenue

The money received from the fuel levy is recorded in the relevant audited financial statements every year, and included in the appropriate Budget Review, all made available to Parliament and the public. The figures below are drawn from annual Budget Reviews.

Table 3: Revenue from the General Fuel Levy and RAF

R million	General Fuel Levy (net)*	Road Accident Fund Levy
2011/12 (audited)	36 589.07	16 628.02
2012/13 (audited)	40 320.20	17 621.42
2013/14 (audited)	43 684.65	19 961.98
2014/15 (estimate)	48 466.52	22 038.71
* Net of diesel refunds
Source: Budget Review Table 4: Initial estimate of revenue collected since 1 April 2015 to 31 May 2015
2015/16#	8 602.88	4 364.56
Revenue from 1 April 2015 to May 2015
Source: Statement of the National Revenue, Expenditure and Borrowing as at 31 May 2015 issued by the DG: National Treasury

(3) No, as noted in the Budget Review and other budget documents every year, there is no money received from the fuel levy that is ring-fenced for the maintenance of roads. The building and maintenance of roads is done by departments or agencies in all three spheres of government, and is appropriated in national and provincial laws and municipal budgets. The amounts spent directly by the national government on the maintenance of roads are appropriated from the National Revenue Fund, and the budget information is provided below. A national entity like SANRAL also funds maintenance of certain roads, using budgetary funds and revenue it may collect. The actual funds spent per year on the maintenance of roads requires the Honourable Member to consider the budgets and annual reports of all organs of state involved with road funding in all three spheres of government.

It should also be noted that in 2014/15 R10.19 billion of the net revenue from the general fuel levy was allocated to the eight metropolitan municipalities as a part of a revenue sharing arrangement.

Money from the Road Accident Fund levy is ring-fenced and used by the Road Accident Fund to compensate victims of vehicle accidents for injuries sustained as a result of such accidents. The Road Accident Fund Levy is thus a form of a personal injuries insurance policy. Further information is available from its annual reports.

The tables below are from the 2015 Budget document Estimates of National Expenditure (ENE) and provide an overview of the funds allocated to the National Department of Transport.

Vote 37: National Department of Transport
Subprogramme: R million	2014/15	2015/16	2016/17
Administration	382.90	399.80	423.50
Integrated Transport Planning	81.20	84.30	89.10
Rail Transport	15 034.60	18 362.00	19 389.60
Road Transport	21 645.30	22 852.10	23 876.20
Civil Aviation	148.30	154.00	162.70
Maritime Transport	110.60	115.40	121.80
Public Transport	11 323.80	11 846.40	12 779.10
TOTAL	48 726.70	53 814.00	56 842.00

Vote 37: National Department of Transport
Subprogramme: %	2014/15	2015/16	2016/17
Administration	0.8%	0.7%	0.7%
Integrated Transport Planning	0.2%	0.2%	0.2%
Rail Transport	30.9%	34.1%	34.1%
Road Transport	44.4%	42.5%	42.0%
Civil Aviation	0.3%	0.3%	0.3%
Maritime Transport	0.2%	0.2%	0.2%
Public Transport	23.2%	22.0%	22.5%
TOTAL	100%	100%	100%

Reply:

The department is currently gathering the information required to respond to this question as it is not information that is readily available. After the details of the 12 auditees referred to in the General report have been received from the Auditor General, each of these municipalities will be requested to provide the details of the cases that constituted the total of the irregular expenditure in question in order to respond to part two of the question.

The response will be provided as soon as possible after this information is made available.

Reply:

I am not aware of these assertions, nor, have not investigated this matter and therefore, I have not established any facts surrounding this matter.

I intend writing to the MEC responsible for Local Government in Gauteng, in terms of Section 106(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act No.32 of 2000), requesting him to commission and investigation into the matter.

Reply:

1. The Minister of Justice and Correctional Services wishes the Honourable member to know that there are a total of 25 Family Advocate Offices countrywide. A full description of the services are as follows:

Name of Office	Location	Number of Social Workers dealing with custody matters
Family Advocate Pretoria	4th Floor, Die Meent Building, c/o Thabo Sehume & Pretorius Streets	12
Family Advocate Johannesburg	94 Pritchard Street, 13th Floor, Schreiner Chambers, Johannesburg	10
Family Advocate Palm Ridge	Palm Ridge Magistrate’s Court	1
Family Advocate Vossman	Vossman Magistrate’s Court	2
Family Advocate Nelspruit	No 3 Marloth Street, Nelspruit	7
Family Advocate Polokwane	Wyndom park Building, 23 Rabie Street, Polokwane	7
Family Advocate Sibasa	Thohoyandou Magistrate’s Court	2
Family Advocate Mafikeng	461/805 Steve Biko Drive, Unit 2, Mmabatho	4
Family Advocate Rustenburg	Rustenburg Magistrate’s Court	1
Family Advocate Kimberley	5th Floor, New Public Building (Magistrate Court), c/o Knight & Stead Street, Kimberley	7
Family Advocate Upington	Upington Magistrate’s Court	2
Family Advocate Durban	15th Floor Maritime House, 143 Grove Street Durban	10
Family Advocate Pietermaritzburg	Pietermaritzburg Magistrate’s Court	6
Family Advocate New Castle	New Castle Magistrate’s Court	3
Family Advocate Ntuzuma	Ntuzuma Magistrate’s Court	1
Family Advocate Cape Town	55 Union Castle Building, 10th Floor ,c/o House Street & St George’s Mall, Cape Town	10
Family Advocate George	Batleur Park Building, Cnr Cathedral & Cradock Street, George	3
Family Advocate Worcester	67 High Street, Worcester	2
Family Advocate Mitchells Plein	Mitchells Plein Magistrate’s Court	1
Family Advocate Port Elizabeth	No. 1 Bird Street, Central, Port Elizabeth	10
Family Advocate East London	29 St Peters Road , Southernwood, East London	4
Family Advocate Graaff Reinett	Graaff Reinett Magistrate’s Court	3
Family Advocate Mthatha	29 St Peters Road , Southernwood, East London	2
Family Advocate Bloemfontein	163 A Nelson Mandela Drive, 2nd Floor Sanlam Building, Bloemfontein	8
Family Advocate Welkom	Welkom Magistrate’s Court	2

2. (a) The office of the Family Advocate does not rely on external Welfare Organisations for Custody matters but obtains collateral reports from the following organisations when necessary:

PROVINCE	ORGANISATIONS
LIMPOPO	Child Welfare Suid Afrikaanse Vroue Federasie Huis Maroela Families South Africa (FAMSA)
GAUTENG	Department of Social Development
MPUMALANGA	N. A.
NORTH WEST	Mental Health Suid Afrikaanse Vroue Federasie Child Welfare SA
EASTERN CAPE	Families South Africa (FAMSA) Afrikaanse Christelike Vrouevereniging( ACVV) Christelike Maatskaplike Raad (CMR) Department of Social Development
FREE STATE	Afrikaanse Christelike Vrouevereniging( ACVV) Christelike Maatskaplike Raad (CMR) Department of Social Development
WESTERN CAPE	Child Welfare Badisa Afrikaanse Christelike Vrouevereniging (ACVV) CMC Ukakhanya Parent Centre Child Line Mosaic Litha labantu Valley development projects
NORTHERN CAPE	Families South Africa (FAMSA) Department of Social Development Child Welfare NG Welsyn Afrikaanse Christelike Vrouevereniging (ACVV) South African National Council on Alcoholism & Drug Dependence (SANCA)

2. (b) No subsidies are paid out to welfare organisations by the Department of Justice and Constitutional Development.

Reply:

(1) What (a) are the details of the baseline assessments carried out in February 2015 prior to the commencement of the piloting of three alternative interventions in selected schools in the districts of (i) Ngaka Modiri Molema and (ii) Dr Kenneth Kaunda in April 2015 and (b) methodology was utilised in each of the interventions;

The Department of Basic Education (DBE) is evaluating three new interventions aimed at improving early grade reading. The evaluation is being conducted through a Randomised Controlled Trial (RCT) to evaluate the causal impacts of the following three interventions: (i) a teacher training course focused specifically on the teaching of Setswana reading and literacy. accompanied by scripted lesson plans and graded reading materials; (ii) an on-site support programme to teachers from reading coaches, accompanied by scripted lesson plans and graded reading materials; (iii) and a package designed to improve parent involvement in - and monitoring of - learning to read.

Each intervention is being implemented in a group of 50 schools over a period of two years in North-West Province (specifically, in the education districts of Ngaka Modiri Molema and Dr Kenneth Kaunda). A further 80 schools have been selected as a comparison group.

The project has two arms: 1) a service provider undertaking the implementation of the project interventions. 2) An independent service provider conducting the assessment of the project's impact.
The separation of the services required is in line with best practices to maintain objectivity between implementers of the interventions and assessors of the impact in order to attain objective findings.
Both service providers have been appointed.

(1a)
In line with the RCT design and project plan. a baseline assessment of all the 230 schools in the research project was conducted from 3-24 February 2015 by the appointed service provider. The service provider was not informed of the distinct groups of schools as part of the mechanisms to eliminate a bias.

The service provider that conducted the baseline assessment is still in the process of finalising the data collected. The DBE, in partnership with a Research Team of local and international experts, will then process the data and compile a baseline report by October 2015.

(1b)
The same assessment methodology was used in the baseline assessment for all 230 schools in the research project. The baseline assessment consisted of the testing of 20 Grade I learners in each of the 230 schools in the research project. The test focused on pre-literacy skills and was administered orally by an independent fieldworker in Setswana. In addition, questionnaires were administered to the Grade 1 teachers and school principals. A home background questionnaire was also administered.

(2) Who (a) developed and (b) provided the training to the teachers involved in the specified interventions;

As indicated above, the DBE appointed a second service provider to implement all three interventions in the research project according to the approved Terms of Reference. Each of the three interventions requires specific deliverable5 from the service provider; the same applies for the interventions based on teacher training and on-site support. The service provider has considerable experience in running similar training programmes in the sector and has therefore developed and improved the content over a period of time. The content was then adapted for this project by the service provider. The training and on-site support is provided by employees of the service provider, including former teachers who are fluent in Setswana.

The Terms of Reference specify that all material developed/used for the research interventions must be Curriculum Assessment Policy Statements (CAPS) aligned. A Reference Group consisting of the implementation service provider, representative from the North West Provincial Education Department (PED), Subject Advisors from the Ngaka Modiri Molema District and the Dr Kenneth Kaunda District as well as DBE officials in the Curriculum Branch has ken established to review the materials used for the project.

(3)Whether the teachers' abilities to teach reading skills were assessed either before or after the training; if not, why not; if so, what are the relevant details;

The study did not administer any substantive assessment of teacher knowledge or pedagogical skill for those teachers receiving the training programme. The research design would require that such a test would be valuable if it were administered to all teachers in the evaluation. i.e. also those teachers in the control group.

The research design in its current format. as it follows an RCT methodology, would have allowed the testing of only the 50 schools in the intervention (i) a teacher training course focused specifically on the reaching of Setswana reading and literacy. accompanied by scripted lesson plans and graded reading materials. This would provide the DBE with information on these schools only but the same information would not be available for the remaining 180 schools, and thus no comparison would be possible. Therefore. testing only those teachers who are participating in the training programme would have been of limited value.

The DBE did. however. administer teacher questionnaires in all 230 schools as pan of the data collection effort. These questionnaires collect information about teaching beliefs and practices (thus providing some indication of pedagogical knowledge). The DBE will again collect this information at the end of the interventions to examine whether teachers improved their knowledge of effective teaching methods through the programme. A small component of the teacher questionnaire administered at baseline was also a short reading fluency test in Setswana.

This was a very rudimentary assessment, but it will enable the department to explore whether the success of a training programme depends on the teacher's own reading fluency. The DBE plans on assessing reading fluency after the intervention again, to see whether their own reading fluency might have improved through the training.

All the data collected in this project will be made available for public release for further research purposes once the project reaches completion. i.e. no sooner than July 2017.

(4) What are the relevant details of other alternative interventions to address reading And literacy being (a) piloted, (b) implemented and (c) planned elsewhere in the county?

a) Piloted

The Early Grade Reading Assessment (EGRA) is currently being piloted in 1000 schools nationally in Grades 1 to 3 in all 11 official languages.

b) Implemented

The resuscitation of the Drop All and Read programme is being implemented nationally. The English Across the Curriculum (EAC) programme is being implemented in Grades 4 to 12 to support the acquisition of English as the Language of Learning and Teaching (LoLT). The provision of Workbooks. reading resources, the hosting of the annual National Spelling Bee Competition, the establishment of reading clubs and the implementation of the Annual National Assessments (ANA) in Grades I to 9 in 2015 is aimed at improving reading and literacy outcomes.

c) Planned elsewhere in the country? The National Education Collaboration Trust (NECT) has rolled out literacy projects in the Foundation and intermediate phases in targeted districts in KwaZulu-Natal, North West and Mpumalanga. This project i s currently being replicated in the Eastern Cape and Limpopo.

Reply:

(a) Yes.

(b) Yes.

2014 / 2015 Financial year:

The Chief Justice of the Republic of South Africa is, in accordance with section 165 of the Constitution, the Head of the Judiciary, an independent arm of the State and by virtue of his position, receives invitations from various international judicial bodies which he sometimes has to honour. Additionally, the Chief Justice is also one of the Vice-Presidents of the Conference of Constitutional Jurisdictions of Africa, a body comprising 34 members of Constitutional Courts and Constitutional Councils in Africa, established to promote constitutional justice within the Continent and responsible for ensuring compliance with the Constitution. He is also a member of the Southern African Chief Justices’ Forum, a body comprising of all the Chief Justices in the Southern and East Africa intended to deal with issues affecting the Judiciary in the SADC region. The Constitutional Court of the Republic of South Africa is also a member of the World Conference on Constitutional Justice comprising of 71 Constitutional Courts, Councils and Supreme Courts, with the aim of promoting constitutional justice.

(i) Turkey

In April 2014, the Chief Justice attended the 2nd Congress of the Asian Constitutional Courts and Equivalent Institutions, and the 52nd Anniversary of the Constitutional Court of Turkey, in his capacity as the Vice-President of the Conference of Constitutional Jurisdictions of Africa which was held in Instanbul, Turkey, at the invitation of the President of the Turkish Constitutional Court. The Chief Justice gave a speech at the conference and also chaired a session on “The Role of the Constitutional and Supreme Courts in the Protection of Constitutional Order”.

(ii) (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Acting Director: Executive Support Services; and the Security Coordinator.

(i) Nigeria

In July 2014, the Chief Justice attended and addressed a Judicial Reforms Conference at the invitation of the President of the Nigerian Bar Association which was held in Abuja, Nigeria.

(ii) (aa) Five.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; Executive Personal Assistant to the Chief Justice; and the Security Coordinator.

(i) Zambia

In September 2014, the Chief Justice attended the Annual General Meeting of the Southern African Chief Justices’ Forum at the invitation of the acting Chief Justice of Zambia.

(ii) (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Protocol Coordinator.

(i) South Korea

In September 2014, the Chief Justice attended the 3rd Congress of the World Conference on Constitutional Justice of which the Constitutional Court of the Republic of South Africa is a member, at the invitation of the President of the Constitutional Court of the Republic of South Korea and the President of the Venice Commission. The Chief Justice chaired a session and gave remarks on “Constitutional Instruments Enhancing / Dealing with / for Social Integration.

1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Security Coordinator.

(i) United Kingdom

In October 2014, the Chief Justice attended the Opening of the Legal Year in England and Wales at the invitation of the Lord Chancellor and Secretary of State for Justice of the Ministry of Justice of the United Kingdom.

1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Security Coordinator.

(i) Singapore

In October 2014, the Chief Justice went to Singapore and delivered a Lecture on “Twenty Years of the South African Constitution – Origins, Aspirations and Delivery” to the Singapore Academy of Law at the invitation of the Chief Justice of Singapore and President of the Singapore Academy of Law. The Office of the Chief Justice in Singapore paid for the air travel and accommodation for the Chief Justice of the Republic of South Africa and his Spouse.

1. (aa) Four.

(bb) Chief Justice’s Spouse; Director: Executive Support Services; Executive Personal Assistant; and the Security Coordinator.

(i) Swaziland

In November 2014, the Chief Justice was requested by the Executive Committee of the SADC Lawyers Association, International Commission of Jurists and the Justices of the Constitutional Court of the Republic of South Africa to discuss concerns regarding the Swaziland Judiciary.

1. (aa) Two.

(bb) Director: Executive Support Services and the Security Coordinator.

(i) Mozambique

In February 2015, the Chief Justice attended the Fifth Session of the Executive Bureau of the Conference of Constitutional Jurisdictions of Africa (CCJA) as Vice President of the CCJA, at the invitation of the President of the CCJA.

1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services and the Security Coordinator.

(i) United Kingdom

In February 2015, the Chief Justice attended and addressed the Global Law Summit marking the 800th Anniversary of the Magna Carta at the invitation of the Ministry of Justice of the United Kingdom.

1. (aa) Three

(bb) Director: Executive Support Services; Protocol Coordinator; the Security Coordinator.

The following is applicable to all the official visits abroad for the 2014 / 2015 financial year as listed above:

 

1. (aa) The Director-General of the Department of Justice and Constitutional Development, in consultation with the Secretary-General of the Office of the Chief Justice, approved that the relevant officials may use air travel in business class to render the required in transit close proximity support to the Chief Justice as provided for in paragraph 3.2 of the Handbook for Members of the Executive and Presiding Officers, the “Ministerial handbook”. The Office of the Chief Justice uses the Ministerial Handbook as a guide in the absence of an approved handbook for the Judiciary. The referred paragraph stipulates as follows: “In cases where Members perform official functions by virtue of their office, and where this is in their opinion warranted, a member (or members, as the nature of the official duty prescribe) of the Private Office staff may accompany them and stay in the same hostelry and travel in the same class at Government expense”.

(bb) To enable the members of the delegation to render close proximity support to the Chief Justice whilst in the foreign country and in keeping with the provisions of paragraph 3.2 of the Ministerial handbook as quoted in paragraph (iii) (aa) above, the Director-General of the Department of Justice and Constitutional Development, in consultation with the Secretary-General of the Office of the Chief Justice, approved that the delegation use the same accommodation as the Chief Justice.

2015 / 2016 Financial year

(i) Republic of Gabon

In May 2015, the Chief Justice attended the Third Congress of the Conference of Constitutional Jurisdictions of Africa (CCJA) in his capacity as Vice President of the CCJA, at the invitation of the President of the CCJA. The Chief Justice chaired a session on the “The Synthesis of Responses to the Questionnaire by the Anglophone Constitutional Courts and Councils.”

1. (aa) Four.

(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Security Coordinator.

1. (aa) The Secretary-General of the Office of the Chief Justice, approved that the relevant officials may use air travel in business class to render the required in transit close proximity support to the Chief Justice as provided for in paragraph 3.2 of the Handbook for Members of the Executive and Presiding Officers, the “Ministerial handbook”. The Office of the Chief Justice uses the Ministerial Handbook as a guide in the absence of an approved handbook for the Judiciary. The referred paragraph stipulates as follows: “In cases where Members perform official functions by virtue of their office, and where this is in their opinion warranted, a member (or members, as the nature of the official duty prescribe) of the Private Office staff may accompany them and stay in the same hostelry and travel in the same class at Government expense”.

(bb) To enable the members of the delegation to render close proximity support to the Chief Justice whilst in the foreign country and in keeping with the provisions of paragraph 3.2 of the Ministerial handbook as quoted in paragraph (iii) (aa) above, the Secretary-General of the Office of the Chief Justice, approved that the delegation use the same accommodation as the Chief Justice.

Reply:

(1)(a)&(b) Yes, the Department is / has taken various steps to prevent or reduce the use of unauthorized communication devices within Correctional Centres. These steps include the following:

• The launching of a Back-2-Basics security campaign aimed at reasserting the importance of basic security measures and competencies such as searching of persons and goods.

• As part of broader engagements, the Department is part of an inter-departmental process exploring technical counter-measures in part response to gangs as a security threat group. This is a conscious effort to partner with other state law enforcement agencies in finding sustainable solutions to the holistic challenges (including integrity management of personnel).

• The searching of inmate cells and belongings at irregular (extraordinary) times to find and remove unauthorized communication devices that may have entered the Correctional facilities.

• The installation of cell phone detection systems in various Correctional Centres to assist officials in the identification and removing of unauthorized communication devices. Cell phone detection systems have been installed (or are currently in the process of being installed) at 39 Correctional Centres.
• The Department is also in the process of installing 14 Body Scanners at 7 Correctional Centres to further assist officials.
• The Department has initiated a process of engagement with the Independent Communications Authority of South Africa (ICASA) to explore various technical and/or legal solutions – including but not limited to cellphone jamming.

(2)&(3) In response to questions 2 and 3 the following information is provided in table format:

(2)How many unauthorised communication devices have been confiscated from:	(i)(aa) 200910,	(i)(bb) 201011	(i)(cc) 201112,	(i)(dd) 201213	(i)(ee) 201314	(i)(ff) 201415	(ii)1 April 2015 up to 31 May 2015
2(a) Remand detainees	2899	4276	7238	10399	9394	13119	2498
3(a)(i) Type and quantity of communication devices confiscated
Cell phones	1712	2908	4808	6722	6167	8482	1693
SIM Cards	1187	1368	2422	3665	3214	4616	792
DSTV Walker device	0	0	0	2	2	5	0
Chargers	0	0	8	10	10	12	13
Cell phone watch	0	0	0	0	0	1	0
Memory cards	0	0	0	0	1	2	0
Memory sticks (usb)	0	0		0	0	1	0
2(b) Convicted Inmates	1191	2865	5479	7594	11976	15482	4003
3(a)(ii) Type and quantity of communication devices confiscated
Cell phones	767	2071	3614	5227	8070	9447	2430
SIM Cards	346	673	1677	2100	3395	5486	1475
DSTV Walker device	0	0	0	1	11	4	2
Chargers	0	0	0	0	8	28	3
Cell phone watch	0	1	0	0	0	0	0
Memory sticks	3	8	11	4	6	3	3
Memory cards	72	99	173	259	475	486	89
Cellphone battery	0	0	0	0	4	7	0
Modem	3	3	4	3	3	2	1
Drifter	0	0	0	0	3	19	0
Bank cards	0	10	0	0	0	0	0
Hard drive	0	0	0	0	1	0	0

Reply:

In the 2013-14 financial year -

(a) the following national Road Accident Fund roadshows were hosted:	in the following provinces:	(b)(i) the budget for the respective roadshows were:	(b)(ii) the expenditure for the respective roadshows were:
Balfour	Mpumalanga	R 350 000	R 72 053.40
Mamelodi	Gauteng	R 350 000	R 145 400.00
Cape Town - Nyanga	Western Cape	R 350 000	R 100 000.00
Venda - Thohoyandou	Limpopo	R 350 000	R 215 266,00
Welkom - Thabong	Free State	R 350 000	R 184 268.60
Mafikeng - Barolong	North West	R 350 000	R 264 063.00
Eastern Cape - Mt. Frere	Eastern Cape	R 350 000	R 201 708.00
Kwazulu Natal - Port Shepstone	Kwazulu Natal	R 350 000	R 197 831.34
Polokwane	Limpopo	R 350 000	R 185 668.6
Kimberley	Northern Cape	R 350 000	R 599 014.54
Bloemfontein - Mangaung	Free State	R 350 000	R 547 692.04
Port Elizabeth: Kwa - Zakhele	Eastern Cape	R 350 000	R 75 580.00
Bushbuckridge	Mpumalanga	R 350 000	R 122 655.00
Upington	Northern Cape	R 350 000	R 298 930.98
Eastern Cape - Umthatha	Eastern Cape	R 350 000	R 486 401.52
Gauteng - Soweto	Gauteng	R 350 000	R 228 994.42
Durban - Umlazi	Kwazulu Natal	R 350 000	R 332 458.00
Secunda	Mpumalanga	R 350 000	R 259 269.75

In the 2013-14 financial year the Road Accident Fund assisted a total of 20 490 people at RAF on the Road.

Reply:

(a) One hundred and twelve (112) applications for medical parole were received in the 2013-2014 financial year.

(b) Thirty eight (38) applications were recommended by the Medical Parole Advisory Board (MPAB) and out of this thirty seven (37) were successfully released. One (01) not released due to lack of family support.

(c) Fifty nine (59) applications were not recommended by the MPAB for medical parole as they did not meet criteria for release. None of these applicants died whilst incarcerated.

For the remaining fifteen (15):

• Seven (7) died before they could be examined by the Medical Parole Advisory Board (MPAB):
• One (1) died whilst awaiting further medical examination and
• Seven (7) are awaiting further review by the MPAB.

Reply:

The Office for Witness Protection (OWP) is an independent covert office and is a sub-programme of the Department of Justice and Constitutional Development. Its mandate is derived from the Witness Protection Act 112 of 1998.

Witness protection, in terms of the Witness Protection Act, is not a police or prosecution function; therefore the honourable Minister of Police is not the correct minister to respond to the said questions (as in PQ 2395).

Regarding the question posed to the Minister of Justice and Correctional Services, I wish to inform the Honorable member as follows:               

1. For the financial periods 2001/02 up to 2014/15 and current financial year up to date, no witness or their related person/s were attacked, threatened or killed while in the programme.
2. Falls away.
3. Falls away.

Reply:

(1) An intergovernmental agreement was signed between the governments of the Republic of South Africa (RSA) and Botswana in 2006. Further to this an MOU was signed between Botswana Power Corporation (BPC) and Eskom in 2006 giving effect to PPA discussions. Following this, the PPA negotiations commenced between Eskom and CIC Energy. CIC Energy presented a commercial offer to Eskom in March 2009. Eskom indicated that it would defer its decision on the offer until such time as an appropriate enabling environment had been created and the funding model resolved. These events were then superseded by the gazetting of the Integrated Resources Plan 2010 (IRP 2010) and the Regulations on New Power Generation projects by the Department of Energy (DoE). This put the onus of procurement on DoE. The Honorable Member is therefore advised to redirect this particular question to the Minister of Energy.

(2)(a) This is unknown. As an example the new and smaller Moropule B power plant in Botswana is experiencing significant time delays and performance issues. Assuming the construction of Mmamabula was concluded on time and performed reliably, the level of reduction in load shedding would have been commensurate with the capacity purchased by the RSA. Therefore, load shedding may not have been possible to prevent even with this project in commercial operation at this time.

(2)(b) I am not in a position to respond on the entire project as the power to stop or commence with the project lies with the developer. Eskom is not aware of whether or not the developer engaged with the DoE regarding advancing the project further. The Honorable Member is advised to redirect the question to the Minister of Energy.

(3) The Honorable Member is advised to redirect the question to the Minister of Energy.

Reply:

Attached find here: Reply

Reply:

According to the information received from the Limpopo Department of Cooperative Governance and Traditional Affairs, there was no record of a forensic investigation report on the matter. There is no record of the alleged report being tabled at the Council of Makhado Municipality.

Reply:

The Department of Justice and Constitutional Development spent the following amounts on advertising: Publication (aa) 2012/2013 (bb) 2013/2014 (cc) 2014/2015 Sowetan N.A. R1,899,151.22 R2,207,842.37 Daily Sun N.A. R2,184,923.24 R1,894,286.46 (i)Legal Aid SA: Publication (aa) 2012/2013 (bb) 2013/2014 (cc) 2014/2015 Sowetan R60,374.40 R154,967.04 R90,944.64 Daily Sun R112,039.20 R186,732.00 R149,385.60 (iii) National Prosecuting Authority: Publication (aa) 2012/2013 (bb) 2013/2014 (cc) 2014/2015 Sowetan R28,892.16 R18,374.76 R275,193.26 Daily Sun N. A. N.A. R59,635.68   (ii) Special Investigation Unit: The SIU has reported that they have not spent on advertising in the Sowetan and Daily Sun newspapers in the period in question.

Department of Correctional Services

The details pertaining to amount spent on advertising are as follows:

(i) The Sowetan

(aa) 2012-13 financial year : None

(bb) 2013-14 financial year : None

(cc) 2014-15 financial year : R59 540.83

(ii) The Daily Sun

(aa) 2012-13 financial year : None

(bb) 2013-14 financial year : None

(cc) 2014-15 financial year: None

Office of the Chief justice and judicial administration

The Office of the Chief Justice did not place any advertisements in the (i) Sowetan and (ii) Daily Sun newspapers in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years, consequently no monies were spent towards advertising.

Reply:

The Minister wishes to inform the Honorable member as follows: Questions regarding investigations by the South African Police Service and the SA Revenue Service should be submitted to the Minister of Police and the Minister of Finance, respectively, as it does not fall within the line function of my Ministry. I have been informed that the National Prosecuting Authority is not aware of such a matter being referred to the prosecutor. Falls away. Yes. If more substantiated can be provided.

Reply:

Vulnerable workers are workers in ordinary employment who are less likely to have formal working arrangements and are therefore likely to lack decent working conditions, inadequate or no social security, no voice through a trade union and are characterised by inadequate earnings and difficult conditions of work. Often their fundamental workers’ rights are undermined or violated willy-nilly.

Reply:

The following response is based on information provided by the Municipal Demarcation Board.

A consultation meeting was held with the municipal leadership of Umshwathi Local Municipality including traditional leaders, representatives from the IEC, members of the public and other interest groups.

(a) (i) The meeting took place at 10h00 on the 04 of May 2015.
(ii) It was held at a community hall in Cool Air.

Reply:

The SIU Report is still in process of legal review by the SIU. The reason for this process taking so long is that the lead investigator passed away. As a result a new investigator had to be assigned to re-engage the whistleblowers to clarify certain aspects of the investigation.

Reply:

1. (a) It is confirmed that 2 813 officials are involved in the administration of Third Party Funds at courts throughout the country.

(b) A total of 354 of these officials have been vetted during the previous financial year (2014/15).

(2) The current registered receivables for Third Party Funds for the financial years under question include R 3, 160, 615.80 registered in the 2012/13 financial year (0.05% of the value of all transactions that occurred during the year), R 7, 804, 641.23 registered in the 2013/14 financial year (0.13% of the value of all transactions that occurred during the year) and R 4, 360, 332.81 registered in the 2014/15 financial year (0.07% of the value of all transactions that occurred during the year). These receivables relate to dishonored cheques, maintenance overpayments and shortages. Shortages include amounts for theft, fraud, system errors and break-ins. Shortages account in general for 93% of receivables at financial year end. The receivables registered are systematically being investigated and finalized as per the Treasury Regulations and Departmental Prescripts. After such investigation should the amounts not be recovered, the Department of Justice and Constitutional Development stands as security should amounts be written-off and as such these activities have no impact on maintenance being paid to the beneficiaries. When write-offs occur within the ambit of the Treasury Regulations and Departmental prescripts, it would be appropriately reflected in the financial statements of the Department of Justice and Constitutional Development and audited as appropriate.

The department established the following controls to limit and prevent shortages in TPF in future:

1. Daily reconciliation of monies at court level being submitted electronically for review by the regional supervisory staff;
2. Weekly review of reconciliations submitted by National Office;
3. Follow-up on corrective measures being implemented on a weekly basis by National Office;
4. Consistent national effort with SITA to address system errors on JDAS that has led to a clear understanding of the system challenges that were 95% resolved at the financial year end of 2014/15 and will be finalized in the 2015/16 financial year;
5. Physical Security and Programmatic Security to prevent Cyber Crime;
6. Appropriate training at grass-roots level and supervisory level; and
7. Appointment of financial technically proficient staff that can review reconciliations and fulfill oversight functions at the required levels.

3) The following numbers of officials were subjected to disciplinary processes as a result of the specified losses for the amounts stated for each financial year in question. Please take note that such disciplinary processes may have taken place in different financial years as to when the actual registration of the receivables occurred.

FINANCIAL YEAR	(a) NUMBER OF OFFICIALS	(b) AMOUNT (R)
2012/2013	87	2, 525, 622.45
2013/2014	56	1, 138, 621.01
2014/2015	43	1, 839, 635.60
April & May 2015	5	769, 807.78

Reply:

The Minister wishes to inform the Honorable member that:

(a) The Department of Justice and Constitutional Development has no instance where the remainder of any employee’s contract was paid out before the contractually stipulated date of termination of the contract since the 2008-09 financial year to date.

(b) (i) Yes, out of the entities reporting to the Minister of Justice and Correctional Services, the National Prosecuting Authority has paid out employee contracts before the contractually stipulated date of termination of the contract. The details are as follows:

(bb) (i) Payout Amount	(ii) To Whom	(iii) Reason for early termination
R7,500,000	Mr Vusi Pikoli, NDPP 2005 – 2009	Payment made as a result of settlement agreements reached between the NDPP and the Presidency.
R17,357,233	Mr Mxolisi Nxasana, NDPP 2013 – 2015	Payment made as a result of settlement agreements reached between the NDPP and the Presidency.

(b) (ii)Legal Aid SA, the Office of the Chief Justice and the Special Investigating Unit have confirmed that there were no employees that were paid out their contract before the contractually stipulated date of termination of the contract.

The Department of Correctional Services or its entities does not have any employees whose contracts were terminated before the expiry of such contracts, and no paid outs made for the remainder of their contracts.

The Office of the Chief Justice was proclaimed as a National Department in 2010. From 2010 to 2015, the Office of the Chief Justice has not paid out the remainder of any employees’ contract before the contractually stipulated date of termination of their contracts.

Reply:

According to information submitted by the Gauteng Provincial Department of CoGTA:

1. Mr M Mlandu was charged with gross misconduct, unlawfully and improperly obtained documents, gross dishonesty and incompatibility. He was found guilty by the presiding officer who imposed dismissal as a sanction. Mr Mlandu has referred the matter to the Bargaining Council and the matter will be dealt with in July 2015.
2. The municipal council is empowered to appoint, suspend and dismiss section 56 managers. In this particular case, a Council resolution was not passed as the decision to terminate the employment of Mr Mlandu, was delegated to the Executive Mayor by the Council.
3. The Local Government: Disciplinary Regulations for Senior Managers, 2011 (‘‘the Regulations’’), regulation 10(6) provides that the presiding officer must, by not less than ten days after the last day of the hearing, provide the municipality and senior manager or his or her representative with a written reasons for the findings and a copy of the sanction.

Regulation 12(2) of the Regulations provides that the presiding officer must submit a record of the proceedings to the municipal council, within ten days after imposing the sanction. Regulation 12(3) of the Regulations further provides that the municipality must implement the sanction imposed by the presiding officer and report the outcome of any disciplinary hearing within fourteen days after the finalisation of such disciplinary hearing to the Minister and MEC responsible for local government in the province.

The findings of the disciplinary hearing were never presented before the Municipal Council which is a requirements in terms of Regulation 12(2) of the Regulations. The municipality will be advised to adhere to the process as provided in regulation 12 of the Regulations.

Reply:

Yes, the country’s system of rehabilitation of offenders is contributing positively in the war against crime. The Department’s philosophy of corrections is based on the ideals contained in the South African Constitution where it is stated that all South Africans should contribute to maintaining and protecting a just, peaceful and safe society in our country. There are thus inherent in the correctional system inter alia two obligations that the Department of Correctional Services (DCS) strives to adhere to, viz. the protection of society and creating opportunities for the correcting of offending behaviour and development and care of offenders.

Rehabilitation consists of various programmes, interventions and services to inmates in correctional centres as well as community corrections. These include amongst others, correctional programmes, social work services, psychological services, skills development and training, education, health care services, etc. Services to sentenced offenders are based on a comprehensive assessment as contained in their individual Correctional Sentence Plans (CSPs).

Rehabilitation services are geared to address individual needs as well as the offending behaviour and other factors such as substance abuse that might have contributed to committing of a crime. While the department is confident that this holistic approach contributes to the war against crime, we cannot wage this war alone. The department in its efforts to address offending behaviour and prevent re-offending needs the continued partnership with other government departments as well as civil society. While the offenders serve their sentence the department uses all its available resources to bring about a changed mind-set, while also developing skills and improving the educational levels, in an effort to release people with a greater sense of responsibility and better prospects to be law abiding. However, it is imperative that immediate families and society at large keep in contact with offenders and support them while being incarcerated, but more importantly upon their release from DCS facilities. This continued support would go a long way in addressing the tendency to fall back into crime due to lack of support, unemployment and substance abuse. Some of our programmes even consist of relapse prevention and coping plans to assist sentenced offenders coping with the challenges they are faced with upon release.

In addition and to assist in objectively establishing the impact of our rehabilitation efforts, we have partnered with University of South Africa (UNISA) who is currently busy with research to determine the impact of some of our rehabilitation programmes in Gauteng. This is an initial pilot phase. The results of this pilot will determine future impact research.

The department has developed clear targets for all our services, programmes and interventions to ensure participation of offenders both in our centres and within the community corrections system.

Through sport, recreation, arts, culture and library programmes and services, the department is assisting in the preparation of offenders for release, employment and self‐sufficiency. These programmes are structured and coordinated to be geared towards building and supporting self‐sufficiency and necessary for reducing the likelihood of offenders becoming involved in criminal activities.

The provisioning of Skills Development Programmes is aimed at reducing recidivism by ensuring that offenders are provided with Skills programmes that will assist them not only in the job market but also to create employment opportunities for themselves. The Department of Correctional Services is also partnering with the external service providers and government departments e.g. Department of Higher Education and Training (DHET), in ensuring that the programmes offered are accredited by the Sector Education and Training Authorities (SETA’s). Between October 2014 and March 2015, 1732 offenders were trained on different accredited trade related programmes e.g. furniture making, electrical, upholstery, building and plastering etc. These programmes were funded from by DHET through the National Skills Fund (NSF).

The work opportunities that are provided to offenders as part of offender rehabilitation in the Departmental Production Workshops and Agriculture/farms do contribute positively in the war against crime. The Departmental Production Workshops and Agriculture/

farms, provide the following to rehabilitate offenders and to contribute positively in the war against crime:

• Opportunity for skills utilization and skills development, as well as work opportunities in the Departmental Production Workshops and Agriculture/farms.

The Department has 21 farms (mix farming-both animal and plant production) and 96 small sites (for vegetable and fruit production), as well as 19 textile workshops, 10 wood- and 10 steel workshops, furthermore there are 6 bakeries nationally, and one (1) shoe factory.

The offenders in the Departmental Production Workshops and Agriculture/farms are exposed to various technical fields, viz.:

• Production Workshops: wood machining, cabinet making, wood polishing, upholstery, sheet metal working, welding, fitting and turning, spray painting, shoe manufacturing, clothing manufacturing and textile machine mechanics as well as baking (bread baking).

• Agriculture/farming: vegetable, fruits, piggery, beef, dairy, agronomy, broiler/chicken production, layers/egg production, sheep and goats farming, abattoir operation/butcher, agro-processing, tractor as well as equipment operation.

The technical skills that are imparted to offenders in the Departmental Production Workshops and Agriculture/farms empower the offenders with technical knowledge, through which, upon their release, offenders can be employable and or create job opportunities, furthermore they can be self-sustained.

As part of offender rehabilitation, during 2014/2015 financial year, on average 1559 of offenders have worked in Production Workshops per day, meanwhile in Agriculture 3275 of offenders have worked per day, thus acquiring various technical skills in Production Workshops and Agriculture.

Education and participation in educational programmes is central in the department’s approach to provide opportunities for personal development of offenders as part of the rehabilitation process.

The Department is currently focused on the strengthening of the registered schools to ensure compliance to Department of Basic Education (DBE) policies and standards and to address the pass rate of the grade 12 learners. The Department reached the desired outcome of the establishment of 14 full time schools by 2014. The expansion and increase of the number of full time schools will be considered after all the currently registered schools have complied with the DBE Policies and Regulations. A Compulsory Education Task Team was established to ensure that all offenders without a qualification equal to Grade 9 or Adult Education and Training (AET) Level 4 are enrolled in the education programme. In 2015 participation of offenders in all the available education programmes stands at 16 444.

Acknowledging the efforts by the DCS in the rehabilitation of offenders, one should also acknowledge that no guarantee can be given that an ex-offender will not reoffend, due to various external factors that are beyond the control of DCS, e.g. lack of support from family and community, poverty, unemployment, etc.

The South African Department of Correctional Services has taken a deliberate and conscious decision to put rehabilitation at the center of all its activities in order to ensure that ex-offenders return to society as law-abiding and self-supporting individuals. In this process the Department is aware of the fact that corrections is a societal responsibility, therefore the Department is working very closely with civil society organizations and other government departments in its rehabilitation efforts.

Achievements

• There is a notable increase in parolee and probationer compliance levels in South Africa. Of the 71, 623 Daily average community corrections caseload, 51 634 are parolees and 18 545 probationers, whose compliance levels are at 98% and 95% respectively. This was done through the establishment of community corrections satellite offices as well as service points managed in consultation with stakeholders. These interventions help build credibility and public trust in the system increasing more non-custodial sentencing by the judiciary.

• The introduction of the innovative Electronic Monitoring System which was launched in July 2014 marked another milestone in the modernisation of correctional services. Since its rollout, cumulatively 1009 people were tagged and currently 604 persons are monitored by this system. Electronic Monitoring System has enabled the department to effectively track offenders on 24-7-365 basis. During the 2015/16 financial year at least 1000 people can be tagged at any given time.

• Major strides were made in advancing victim participation in the parole system in line with Criminal Procedure Act, 1977 and Correctional Services Act, 1998, which provide a framework for consultation of victims of crime in parole considerations. The department is committed to ensuring effective social reintegration with more involvement and participation by victims, families and communities.

• Significant progress was made in championing the implementation of restorative justice model as an integral part of broadening access to justice and enhancing the criminal justice range. In order to improve victim and community participation at various stages of corrections. The Department introduced the victim offender mediation and dialogue, thus far 1541 victims and 3738 offenders have participated in these restorative justice initiatives in the last financial year alone.

• DCS has made concerted efforts to explore a possibility of reducing the period of criminal record for ex-offenders particularly for minor and non-violent cases as part of enhancing rehabilitation and reintegration of offenders into their respective communities as productive and law-abiding citizens.

 

• DCS has made courageous efforts to introduce a concept of Halfway House in 2012 in order to enhance social reintegration of offenders and to reunite offenders with their families especially those who did not have support systems at their time of release from the correctional centre. There are seven (7) halfway houses which have established through partnerships. These include the following :

REGION	HALFWAY HOUSE	NON PROFIT ORGANIZATION
Gauteng	Naturena	House of Glory
Eastern Cape	Vezokuhle	Vezokuhle Youth Development Project
LMN	Lehae la Batho	New Life After Prison
	Klerksdorp	Dream Team Foundation
	XILEMBENI	Nomasojabula
Western Cape	Beauty for Ashes	Beauty for Ashes
	Realistic	Realistic

• Halfway houses have contributed positively towards minimizing chances of re-offending and reduction on overcrowding in correctional centres. The total numbers of eighty four (84) residents were successfully reintegrated. The majority of offenders who went through halfway houses were assisted to find permanent employment and others have started their own businesses through the assistance from Non-Governmental Organisations.

• Greater strides were made with regard to building partnerships with academic institutions to use learners from these institutions to ensure that there is sufficient capacity to conduct profiles of community of origin of offenders. The provision of community profiles will effectively assist the Department to identify needs and risks of offenders who are due to return those particular communities and to guide services and interventions targeting offender behaviour. The profiles of community of origin of offenders are the key indicators of rehabilitation and successful reintegration of offenders

• DCS has partnered with state agencies and departments, Non-Profit Organisations, academic institutions, Non-Governmental Organisations, and other relevant external stakeholders to broaden the scope and spread of interventions to correct offending behaviour.

• These partnerships have led to 76 parolees being employed permanently by the Working-on-Fire programme. To improve offender reintegration, 212 parolees and probationers were provided with start-up tools to enable them to open their own businesses and thereby contributing to employment creation. These partnerships have added employment opportunities for parolees in the current financial year. There are also numerous cases of successful rehabilitation/reintegration including businesses operated by ex-offenders who have been provided with start-up tools, who have in turn employed other offenders/community members.

• The employability of ex-offenders is the key indicator of successful reintegration. In numerous interactions former offenders who have remained law-abiding citizen for years but they are finding it extremely difficult to maintain or retain their employment after employers had discovered that they have criminal record. A criminal record is a barrier to a successful reintegration of offenders because the majority of employers are reluctant to hire ex-offenders, thereby relapsing into life of crime as means of survival. The Department of Correctional Services is in the process of providing inputs on the expungement of a criminal record to the South African Law Reform Commission.

Reply:

No, parole has not been approved for the mentioned offender. He was sentenced to life imprisonment on 22 October 1999 for Robbery x 4; Rape x 2; attempted murder; assault grievous bodily harm (GBH); attempted escape x 2; housebreaking with intent to rob and robbery with aggravating circumstances; housebreaking with intent to steal; theft; unlawful possession of fire-arm x 5 and unlawful possession of ammunition x 3.

The offender was considered by the Minister of Correctional Services on 11 October 2013 for possible placement on parole. The Minister decided that the offender should be reconsidered during October 2015. During this period, the following should inter alia be addressed:

• Offender needs to undergo individual Psychotherapy in order to address his anger towards females and needs to attend counselling sessions to address parental guidance and communication styles.
• A copy of the judgement on conviction and sentence be obtained.
• The profile reports of the accomplices of the offender should be subjoined to the National Council for Correctional Services and Minister during October 2015.

Reply:

(a) (i) The Department of Basic Education spent R50 800 on advertising in the Sowetan Newspaper during the period (aa) 2012 - 2013 while R14 080 was spent during the period (bb) 2013-14 and a further R 29.611.20 in the (cc) 2014-15 financial years

(ii) The Department of Basic Education spent R 56,640.00 on advertising in the Daily Sun Newspaper during the period (aa) 2012 -2013, R28,240.00 during the period (bb) 2013-14 and R 67 929 in the (cc) 2014-15 financial years

(b) Umalusi (i) Umalusi did not spend on advertising in the Sowetan during the period (2012 - 15) (ii) Umalusi did not spend on advertising in the Daily Sun during the (aa) 2012-13 and the (bb) 2013-14 financial years, R 93 270.44 was spent during the (cc) 2014-15 financial year.

(b) South African Council for Educators (SACE) did not spend any money on advertising in the (i) Sowetan nor did it spend in the (ii) Daily Sun during the (aa) 2012-2013, (bb) 2013-14 and (cc) 2014-15 financial years.