Questions and Replies
28 July 2015 - NW2467
Mazzone, Ms NW to ask the Minister of Cooperative Governance and Traditional Affairs
Whether he is aware that a certain person (EMMC) refused to call a council meeting in order to deliberate over the alleged financial irregularities (details furnished BB40 and BB41), which contravened a council resolution and certain statutory provisions (details furnished BB39); if so, what action is he taking against the specified person for failing to adhere to the law?
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.
28 July 2015 - NW2469
Mazzone, Ms NW to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether a certain person (Mr M Mlandu was dismissed by a certain person (name and details furnished BB48 Mr L Gumbi) at the Ekurhuleni Metropolitan Municipal Council (EMMC) following a council resolution; if not, why not; if so, what is the (a) number and (b) date of the council resolution; (2)was he informed of the specified dismissal as required by the Disciplinary Regulations for Senior Managers; if not, why not; if so, what are the relevant details; (3)what is his position with regard to the action of the EMMC in this regard; if not, why not; if so, why?NW2837E
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.
28 July 2015 - NW2295
Mileham, Mr K to ask the Minister of Finance
(1)With reference to the consolidated report on the audit outcomes of local government for the 2013-14 financial year, what are the names of the 87 auditees for which the Auditor-General reported findings of possible fraud or improper conduct in supply chain management processes for investigation by management; (2) How many findings for investigation were reported for each auditee? NW2656E
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.
28 July 2015 - NW1330
Shinn, Ms MR to ask the Minister of Communications
(a) What discussions (i) have been or (ii) are being held with her department regarding the long-standing debts owed to the Independent Communications Authority of South Africa for broadcast licensing fees by (aa) the SA Police Service and (bb) the SA National Defence Force, (b) when were these meetings held, (c) what was the purpose of the meetings and (d) what was the outcome, in each case?
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:
28 July 2015 - NW2464
Chance, Mr R to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether he is aware that a certain person (Mr K Ngema) sent letters (details furnished BB29) to the members of the Bid Adjudication Committee (BAC); (2)Why did the specified person compel BAC members to give a line of evidence that contradicts the minutes of the BAC meeting on 18 April 2011 and the appointment letter of Lesira Teq PTY LTD (details furnished BB28); (3)What is his position on this course of action by the specified person? NW2832E
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.
I will await the outcome of the investigation to determine whether or not there are findings that will enable me to provide specific responses in respect of sub-questions (1),(2) and (3).
28 July 2015 - NW2483
Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs
(1)In each (a) metropolitan, (b) local and (c) district municipality, what is the total amount currently owed for rates and service charges by municipal councillors and/or traditional leaders serving on municipal councils which is over 90 days; (2) in respect of each case, (a) who is the councillor or traditional leader involved, (b) what is the amount owed and (c) has a repayment agreement been reached with the councillor and/or traditional leader; if so, when will the amount be repaid in full; (3) whether any action has been taken against such councillors and/or traditional leaders in terms of section 13 and 14 of the Code of Conduct for Municipal Councillors; if not, why not; if so, (a) who is the councillor and/or traditional leader involved and (b) what action has been taken; (4) whether his department will take any action against the (a) municipality, (b) speaker of the municipal council and (c) municipal council in cases where no action has been taken in this regard?
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.
28 July 2015 - NW2349
Esau, Mr S to ask the Minister of Defence and Military Veterans
What is the present monitoring and evaluation capability within her department?
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.
28 July 2015 - NW2418
Motau, Mr SC to ask the Minister of Finance
What amount did (a) the National Treasury and (b) each entity reporting to it spend on advertising in (i) The Sowetan and (ii) The Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?
Reply:
NATIONAL TREASURY
Financial year |
|
|
(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 |
|
|
(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 |
|
|
(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 |
|
|
(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 |
|
|
(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 |
|
|
(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 |
|
|
(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 |
|
|
(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 |
|
|
(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 |
|
|
(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.
28 July 2015 - NW2432
America, Mr D to ask the Minister of Labour
What amount did (a) her department and (b) each entity reporting to her spend on advertising in (i) Sowetan and (ii) Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?
Reply:
The Department spent as per below breakdown:
|
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.
28 July 2015 - NW2468
Mazzone, Ms NW to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether he is aware that certain persons holding executive positions at the Ekurhuleni Metropolitan Municipal Council (details furnished: a. Executive Mayor, b. Speaker of Council, MMC Finance and the d. Chief Whip), all received a letter (details furnished BB39) stipulating the financial mismanagement at the specified Metro; if so, what action did each of the above person take with regard to all the allegations in the letter; (2)What is his position with regard to the action taken in respect of each case; if not, why not; if so, what are the relevant details? NW2836E
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.
28 July 2015 - NW2459
Matsepe, Mr CD to ask the Minister of Cooperative Governance and Traditional Affairs
Whether, with reference to the employment contract of Mr K Ngema he has established that the Ekurhuleni Metropolitan Municipal Council (EMMC) was misled by the A-CORP (19-2012) report (details furnished) where it is stated that the duration of the specified person’s contract is from 17 August 2009 to 16 August 2014; if not, how was the EMMC allowed to contravene (a) its own resolution (details furnished), (b) the appointment periods stated in the amended Local Government: Municipal Systems Act, Act 32 of 2000, (c) the SA Local Government Association circular 14/2012 (details furnished) and (d) a judgment by the KwaZulu-Natal High Court in case 5238/12 (details furnished); if so, (i) what action does he intend taking and (ii) who wrote the confidential report?
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 an investigation into the matter.
According to Section 106 (4)(b)of the Municipal Systems Act, the MEC must table a report in the relevant provincial legislature, detailing within 90 days from the date of my request to him, to conduct the investigation. The MEC is required to simultaneously send a report to me, the Minister of Finance, and the NCOP.
I will await the outcome of the investigation to determine whether or not there are findings that enable me to provide specific responses in respect of sub-questions (a)(b)(c)(d) and (i)(ii).
28 July 2015 - NW2387
Kohler-Barnard, Ms D to ask the Minister of Police
(1)How many operational members of the SA Police Service (SAPS) did not have a driving licence (a) in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12, (iv) 2012-13, (v) 2013-14 and (vi) 2014-15 financial years and (b) from 1 April 2015 up to the latest specified date for which information is available; (2) how many of the specified members of SAPS have since acquired a driving licence in the case of each financial year or period; (3) how many of the operational SAPS members with driving licences have a licence to drive an official vehicle?
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.
28 July 2015 - NW2484
Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether there was an audit committee in place in each (a) metropolitan municipality and (b) municipality that received a disclaimer or adverse audit opinion for the 2013-14 financial year; if not, why not; if so, (i) what are the qualifications and relevant experience of each member of each audit committee and (ii) how many times did the specified committee meet in the 2013-14 financial year; (2) were any reports from each specified committee tabled and considered in each relevant municipal council; if not, why not?
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.
28 July 2015 - NW2465
Chance, Mr R to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether he is aware that a certain person (Mr K Ngema) made applications to the National Treasury on 3 September 2012 (details furnished BB9) requesting condonation of irregular expenditure to the value of R819 million and of National Treasury approval (details furnishedBB13), while bids above R10 million that did not go out to tender in the specified period totaled over R7.2 billion (details furnishedBB10,BB11, BB12); (2)whether he intends to take any action in this regard; if not, why not; if so, what are the relevant details? NW2833E
Reply:
(1) No, as ststed in my response to PQ2015/2464 I am not aware of these assertions.
(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.
28 July 2015 - NW2294
Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs
(1)How many qualified and registered engineers are employed by each metropolitan municipality on a permanent basis? (2) What is the field of specialisation of each specified engineer in respect of civil engineering, electrical engineering and any other engineers employed; (3) (a) how many vacancies exist for qualified and registered engineers in each metropolitan municipality, (b) what is the job title of each vacancy and (c) since what date has each position been vacant; (4) 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, (a) what are the relevant details and (b) where is this codified? NW2655E
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
|
|
City of Johannesburg |
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 |
|
|
|
|
Ekurhuleni |
44 vacancies |
See attached |
See attached |
|
City of Tshwane |
96 vacancies |
|
|
|
City of Johannesburg |
16 vacancies |
|
||
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 |
28 July 2015 - NW2461
Matsepe, Mr CD to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether he is aware that a certain person (Mr K Ngema) further delegated his powers (details furnished letters attached BB5 and BB6) by approving a requisition of a (Chief Financial Officer) and authorising the specified official to procure intelligent water meters from a contract of another organ of state; (2)Whether he is aware that the internal audit investigation found that the specified person’s unlawful delegation of his powers led to the forging of the specified documents and subsequent defrauding of (Madibeng Municipality); if not, why not; if so, what steps has he taken in this regard? NW2829E
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.
28 July 2015 - NW2513
Rabotapi, Mr MW to ask the Minister of Communications
With reference to her reply to question 1031 on 14 November 2014, on what basis can she justify spending more money advertising on Tshwane TV than advertising on SABC 3 given that Tshwane TV has a viewership equating 1,5% of the viewership of SABC 3 (details furnished)? NW2884E
Reply:
Advertising is audience centred. Tshwane n/ was selected as the preferred community television station for campaigns as they have the highest amount of viewers among community television stations and that they met the targeted audience the programme was intended for.
The GClS uses scientific methods to determine which media best reach our audiences, as determined by the AMPS, TAMS, RAMS surveys that the SA Advertising Research Foundation (SAARF) conducts.
MR D LIPHOKO
[ACTING] DIRECTOR GENERAL
GOVERNMENT COMMUNICATIONS
DATE: 24 July 2015
MS AF MUTHAMBI, MP
MINISTER OF COMMUNICATIONS
DATE:
Parliamentary question 2513 of 2015
28 July 2015 - NW2455
Mackay, Mr G to ask the Minister of Finance
With reference to the Mmamabula Power Purchase Agreement drafted between Eskom and the independent power producer, CIC Energy, that allowed for a potential electricity supply of 4 800MW and the proposed Mmamabula Energy Project emanating from the specified agreement, was National Treasury involved in the decision-making process responsible for aborting this project; if not, why not; if so, to what extent?
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.
28 July 2015 - NW2068
Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs
(1)How many municipal managers are currently suspended and/or prevented from performing their roles and functions in their municipalities; (2) in respect of each case, (a) who is the municipal manager, (b) what municipality are they from, (c) when were they placed on suspension and (d) what is the misconduct with which they have been charged?
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 |
28 July 2015 - NW2527
Steenhuisen, Mr JH to ask the Minister of Defence and Military Veterans
(1)Did (a) she or (b) any officials from her department give instructions to any person or persons on duty at the Waterkloof Air Force Base in Pretoria, Gauteng, to (i) authorise and (ii) facilitate the departure of any (aa) diplomats or (bb) delegates from the base on 15 June 2015; if so, what are the name(s) of this person or persons; (2) did (a) she or (b) any official from her department give any instructions to any person or persons on duty at the airbase (i) not to disclose or (ii) conceal the identity of any (aa) diplomat, (bb) delegate or (cc) passenger on any aircraft departing from the airbase on 15 June 2015; if so, on what authority did she or any official from her department issue such a directive?
Reply:
I cannot reply to this question as the matters raised are currently sub judice.
28 July 2015 - NW1335
America, Mr D to ask the Minister of Communications
What amount was owed to the Independent Communications Authority of South Africa for unpaid broadcasting licence fees by (a) all spheres of government and (b) entities reporting to national government departments as at 31 March 2015?
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:
28 July 2015 - NW2155
Krumbock, Mr GR to ask the Minister of Cooperative Governance and Traditional Affairs:
(1) Whether, with reference to the Member of the Executive Council (MEC) of KwaZulu-Natal, Ms Nomusa Dube's statement in her budget speech on 14 May 2015, that Mpofana Local Municipality has returned to a good state of health, he has found accordingly; if not, why not; if so, what is the basis for his finding; (2) will effective service delivery now take place in the specified municipality; if not, why not; if so, what are the relevant details; (3) has he now found that the specified municipality is financially viable; if not, what action does he intend taking with regard to the municipality; if so, what are the relevant details? NW2467E
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.
28 July 2015 - NW2460
Matsepe, Mr CD to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Why did a certain official (Mr K Ngema) ignore the memorandum from the Legal and Administrative Services department of the Ekurhuleni Metropolitan Municipal Council (which in paragraph 5 refers to the supply Chain management Policy details furnished) by allowing the bid adjudication committee to continue awarding said tenders as recommended by the bid evaluation committee, in terms of the bid adjudication committee’s delegated powers; (2)Whether his department will take any action in this regard; if not, why not; if so, what are the relevant details? NW2828E
Reply:
- No, as stated in my response to PQ2015/2459, I am not aware of these assertions.
- 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.
28 July 2015 - NW2449
Bagraim, Mr M to ask the Minister of Labour
Whether she has found that there are challenges in matching suitable candidates with the requirements of employers ; if so, what steps will she take to ensure that these challenges are overcome?
Reply:
No. The law has only been in place for few months hence cannot make a realistic diagnosis of the challenges in matching suitable candidates with the requirements of the employers at this stage.
28 July 2015 - NW2470
Figg, Mr MJ to ask the Minister of Finance
(1)With regard to the letter from a certain person (name and details furnished) from Ekurhuleni Metropolitan Municipal Council (EMMC) dated 3 September 2012 requesting condonation of irregular expenditure to the value of R819 million (details furnished) and National Treasury’s response (details furnished), why was the National Treasury not aware or made aware of (a) all the irregular expenditure in the (i) 2009-10, (ii) 2010-11 and (iii) 2011-12 financial years, (b) bids above R10 million under appeal and (c) bids above R10 million under investigation, in total over R7,2 billion (details furnished); (2) did the application for condonement by the specified city manager give a full picture of the irregular expenditure in the municipality; if not, why not; if so, what are the relevant details; (3) whether the National Treasury intends to take any relevant action (a) prescribed by applicable legislation in respect of this matter in general and (b) against the specified person (name and details furnished) of the Ekurhuleni Metropolitan Municipal Council in this regard; if not, why not; if so, what are the relevant details; (4) whether the National Treasury will conduct a forensic audit of the Ekurhuleni Metropolitan Municipal Council’s (EMMC) finances; if not, why not; if so, when will the forensic audit commence?
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.
28 July 2015 - NW2489
Stander, Ms T to ask the Minister of Cooperative Governance and Traditional Affairs
(1)What is his department doing to assist municipalities to enforce the applicable local government legislation relating to water pollution in all municipalities in the country? (2) What are the details of each water pollution case that municipalities are involved in with regard to (a) the area, (b) a description of the situation, (c) the environmental impact and (d) the method of intervention?
Reply:
This information is not readily available. It will take some time to assemble the information.
28 July 2015 - NW2262
Bhanga, Mr BM to ask the Minister of Cooperative Governance and Traditional Affairs
Whether (a) his department and (b) any entities reporting to him has paid out the remainder of any employee's contract before the contractually stipulated date of termination of the contract since the 2008-09 financial year up to the latest specified date for which information is available; if so, (i) what amount
Reply:
Departments of Cooperative Governance and Traditional Affairs
- Yes
(aa)(i) Amount |
(aa)(ii) Person |
(aa)(iii) Reason |
R2 443 574.83 |
Ms Lindiwe Gail Msengana-Ndlela |
Re-determination of term of office |
The CRL Rights Commission
(bb)(i) Amount |
(bb)(ii) Person |
(bb)(iii) Reason |
R 1 397 711.20 |
Adv. Moreroa (former CEO) |
Based on certain complaints received by the Commission, the Commission initiated an internal investigation into such complaints. During the course of the investigation, the CEO reached an agreement with the Commission to terminate his services and therefore the investigation was suspended. |
The Municipal Demarcation Board (MDB)
- Yes
(bb)(i) Amount |
(bb)(ii) Person |
(bb)(iii) Reason |
R385 683.00 |
Clayton Sebastiaan Swart |
During January and February 2014, the former Chief Executive Officer made offers of employment to three candidates, although the Board had taken a decision that the three candidates should not be appointed. The Board overturned the decision of the former Chief Executive Officer that the employment offers be retracted and invalidated. The three candidates took the matter to court, after which the matter was settled out of court. |
R192 827.00 |
Thandokuhle Ignatias Ngoza |
|
R143 717.00 |
Tsholanang Sinatra Polori |
|
R1 691 622.00 |
Gabusile Caroline Gumbi-Masilela |
The former Chief Executive Officer was suspended by the previous Board on 12 February 2014, pending an investigation. In March 2014, the new Board and the former Chief Executive Officer reached an out of court agreement resulting in the termination of the employment contract. |
The South African Local Government Association (SALGA)
The South African Local Government Association has not paid out the remainder of any employee's contract before the contractually stipulated date of termination of the contract since the 2008-09 financial year up to the latest specified date.
The South African Cities Network (SACN)
The South African Cities Network has not paid out the remainder of any employee's contract before the contractually stipulated date of termination of the contract since the 2008-09 financial year up to the latest specified date.
28 July 2015 - NW2396
Dudley, Ms C to ask the Minister of Cooperative Governance and Traditional Affairs
(1)Whether, since his reply to question 2029 on 17 November 2014, the information requested is now readily available within his department and will be provided; (2) (a) what is the (i) status and (ii) findings of the investigation and (b) what engagement has his department had with Vrede District Municipality in the Free State? NW2761E
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
28 July 2015 - NW2482
Mileham, Mr K to ask the Minister of Cooperative Governance and Traditional Affairs
(1) How many recommendations of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities have not been acted upon by the relevant organ of state since 1 January 2009; (2) in respect of each case, (a) what was the recommendation not acted upon, (b) why was the recommendation not acted upon and (c) who is responsible for the inaction; (3) how many legal cases has the Commission embarked upon or become involved in either as a party to the case, or as an amicus curiae, as a result of the non-implementation of its recommendations since I January 2009; (4) in respect of each specified case, (a) who were the parties to the case, (b) what was the recommendation not acted upon and (c) what was the outcome of the case? NW2851E
Reply:
ATTACHED FIND HERE: Reply
28 July 2015 - NW2438
Kopane, Ms SP to ask the Minister of Cooperative Governance and Traditional Affairs
What amount did (a) his department and (b) each entity reporting to him spend on advertising in (i) Sowetan and (ii) Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?
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 |
28 July 2015 - NW2210
Madisha, Mr WM to ask the Minister of Cooperative Governance and Traditional Affairs
Whether the Government has committed funds over the medium term to establish any new town or city as a result of any new set of compelling economic reasons; if not, why not; if so, (a) what was the rationale for doing so, (b) where is this new town or city to be located, (c) what information was shared with Parliament to get its input on the advisability of establishing such a new town or city, (d) what costs will the Government have to carry over the medium term and (e) when did the Cabinet have the opportunity to study the feasibility report and accept the desirability to proceed with the establishment of such a town or city?
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.
28 July 2015 - NW2448
Bagraim, Mr M to ask the Minister of Labour
Whether she has found that the lack of work placements is due to the delays by employers; if not, what is the position in this regard; if so, what ways are employers responsible for the delay in work placements?
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.
28 July 2015 - NW2219
Madisha, Mr WM to ask the Minister of Communications:
Whether the Government will request the SA Broadcasting Corporation to precede one or more of its evening broadcasts in an indigenous language with a five minute vocabulary introduction in English, so as to enable listeners who wish to learn that indigenous language to prepare themselves with the necessary vocabulary to follow the news and thus begin to learn that language; if not, why not; if so, what steps will she take in this regard? NW2576E
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
28 July 2015 - NW2360
Tarabella - Marchesi, Ms NI to ask the Minister of Finance
(1)What is the breakdown with regard to the current price per liter of (a) petrol and (b) diesel in terms of the (i) cost of petrol or diesel, (ii) fuel levy, (iii) tax and (iv) any other items; (2) what amount has been collected by National Treasury through fuel levy (a) in the (i) 2011 12, (ii) 2012 13, (iii) 2013 14 and (iv) 2014 15 financial years and (b) since 1 April 2015; (3) whether any amount is ring-fenced for the maintenance of roads; if so, what amount has been spent on maintaining roads (a) in the (i) 2011 12, (ii) 2012 13, (iii) 2013 14 and (iv) 2014 15 financial years and (b) since 1 April 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% |
28 July 2015 - NW2296
Mileham, Mr K to ask the Minister of Finance
(1)With reference to the consolidated report on the audit outcomes of local government for the 2013-14 financial year, what are the names of the 12 auditees where management did not investigate all incidents of possible fraud or improper conduct in supply chain management processes in the 2012-13 financial year as recommended by the Auditor-General; (2) (a) how many findings were reported for each of the 12 auditees and (b) why were all of the findings not investigated, in each case? NW2657E
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.
28 July 2015 - NW2528
Steenhuisen, Mr JH to ask the Minister of Defence and Military Veterans
With reference to the tour undertaken by the Cuban Five to South Africa, what amount did her department spend on (a) accommodation, (b) flights, (c) meals, (d) in-country transport and (e) entertainment for the five men and their family?
Reply:
R0
28 July 2015 - NW2462
Bhanga, Mr BM to ask the Minister of Cooperative Governance and Traditional Affairs
(1) Whether he is aware that a certain official (Mr K Ngema) from the Ekurhuleni Metropolitan Municipality wrote to the bid adjudication committee (BAC) (BB7 Attached)requesting that they use a new form to change their operating procedures in order to ensure that all tenders above R10 million be forwarded to the specified person; (2) Whether he is aware that the specified official requested that the new procedure be applied retrospectively to three tenders that have already been adjudicated by the bid adjudication committee; if so, what is his position in this regard? NW2830E
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.
27 July 2015 - NW2283
Lovemore, Ms AT to ask the Ms A T Lovemore (DA) to ask the Minister of Basic Education:
(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: (2) who (a) developed and (b) provided the training to the teachers involved in the specified interventions: (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: (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 country.? NW2644F.
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.
27 July 2015 - NW2347
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
Whether the Chief Justice undertook any international trips in the (a) 2014-15 financial year and (b) from 1 April 2015 up to the latest specified date for which information is available; if so, (i) to which countries, (ii)(aa) how many persons formed part of the Chief Justice’s delegation and (bb) what is their official designation and (iii) what class of (aa) transport and (bb) accommodation was utilised for each person forming part of the delegation?
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.
- (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.
- (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.
- (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.
- (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.
- (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.
- (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:
- (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.”
- (aa) Four.
(bb) Chief Justice’s Spouse; Acting Head: Judicial Policy, Research and JSC; Director: Executive Support Services; and the Security Coordinator.
- (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.
27 July 2015 - NW2339
Selfe, Mr J to ask the Minister of Justice and Correctional Services
Whether parole has been approved to a certain person (name and details furnished); if not, what are the relevant details?
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.
27 July 2015 - NW2421
Figlan, Mr AM to ask the Minister of Basic Education:
What amount did (a) her department and (b) each entity reporting to her spend on advertising in (i) Sowetan and (ii) Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years? NW2787E
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.
27 July 2015 - NW2542
Alberts, Mr ADW to ask the Minister of Justice and Correctional Services
(1)Whether any unit attached to the (a) SA Police Service (SAPS) or (b) SA Revenue Service (Sars) has investigated the amounts which (i) a certain person (name furnished) and (ii) two officials of the Local Action Committee (LAC) for Fifa’s 2010 Soccer World Cup Tournament received from (aa) Fifa, (bb) the Government or (cc) any other person/s associated with Fifa, which were allegedly not declared by them and on which no tax was paid; if so, (aaa) when was the investigation undertaken, (bbb) who led the investigation, (ccc) when was the investigation finalised and (ddd) whether a recommendation was made to prosecute a person or persons in this regard; (2) whether, consequential to the specified investigation, a certain person (name and details furnished) from the Special Revenue Unit of the National Prosecuting Authority decided to prosecute a person or persons; if not, who took the decision to institute prosecutions; (3) whether (a) steps were taken to prosecute a person or persons and (b) the prosecution was carried out; if not, why not; if so, what was the outcome of this case; (4) Whether he will investigate such claims? NW2914E
Reply:
|
27 July 2015 - NW2123
Bagraim, Mr M to ask the Minister of Labour
(a) What does her department mean by vulnerable workers and (b) can she provide a definition as used by her department? (b) can she provide a definition as used by her department?
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.
27 July 2015 - NW2143
Bhanga, Mr BM to ask the Minister of Cooperative Governance and Traditional Affairs
With reference to his reply to question number 338 on 12 March 2015, has his department determined whether or not the forensic investigation referred to was commissioned; if not, why not; if so, what remedial action was taken?
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.
27 July 2015 - NW279
De Freitas, Mr MS to ask the Minister of Transport
(a) What Road Accident Fund roadshows were hosted in the 2013-14 financial year in each province and (b) what were the (i) budgets and (ii) expenditure for each roadshow in each province?
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.
27 July 2015 - NW2290
Mbhele, Mr ZN to ask the Minister of Justice and Correctional Services
(1)(a) How many family advocate offices are there, (b) at which courts are the specified offices situated and (c) how many social workers dealing with custody matters are at each of the specified offices; (2) (a) which welfare organisations does his department rely upon to deal with custody matters and (b) what financial subsidy does his department give each welfare organisation? NW2651E
Reply:
- 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:
|
|
|
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 |
|
GAUTENG |
|
MPUMALANGA |
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NORTH WEST |
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EASTERN CAPE |
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FREE STATE |
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WESTERN CAPE |
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NORTHERN CAPE |
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2. (b) No subsidies are paid out to welfare organisations by the Department of Justice and Constitutional Development.
27 July 2015 - NW2545
Msimang, Prof CT to ask the Minister of Justice and Correctional Services
With reference to the perceived inconsistency in the manner in which the Department of Correctional Services is handling medical parole applications, (a) how many applications for parole were received in the 2013-14 financial year, (b) how many of the specified applications were successful and (c) how many of the applicants whose applications were not successful died in incarceration?
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.
27 July 2015 - NW2233
Motau, Mr SC to ask the Minister of Justice and Correctional Services
Whether (a) his department and (b) any entities reporting to him has paid out the remainder of any employee’s contract before the contractually stipulated date of termination of the contract since the 2008/2009 financial year up to the latest specified date for which information is available; if so, (i) what amount has (aa) his department and (bb) entities reporting to him spent on each such payout, (ii) to whom were these payouts made and (iii) what were the reasons for the early termination of the contracts in each specified case?
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.
27 July 2015 - NW2394
Mokgalapa, Mr S to ask the Minister of Justice and Correctional Services
(1) How many witnesses have (a) been attacked or (b) died while under witness protection (i) in the (aa) 2009/10; (bb) 2010/11, (cc) 2011/12, (dd)2012/13, (ee) 2013/14 and (ff) 2014/15 financial years and (ii) from 1 April 2015 up to the latest date for which information is available; (2) How many of the specified incidences resulted in investigations (a) which are still in progress and (b) which have been completed in respect of each specified financial year or time period; (3) How many investigated cases were found to involve breaches in security committed by members of SA Police Service in respect of each specified financial year or time period?
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:
- 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.
- Falls away.
- Falls away.
27 July 2015 - NW2409
Breytenbach, Adv G to ask the Minister of Justice and Correctional Services
What amount did (a) his department and (b) each entity reporting to him spend on advertising in (i) Sowetan and (ii) Daily Sun in the (aa) 2012-13, (bb) 2013-14 and (cc) 2014-15 financial years?
Reply:
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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.