Questions and Replies

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22 October 2019 - NW885

Profile picture: Breedt, Ms T

Breedt, Ms T to ask the Minister of Justice and Correctional Services

1) What total number of cases of (a) domestic violence and (b) sexual offences were withdrawn by the (i) complainants and/or (ii) National Prosecuting Authority (aa) in (aaa) 2017 and (bbb) 2018 calendar years and (bb) since 1 January 2019; 2) whether he will make a statement on the matter?

Reply:

a) Domestic violence:

I am informed that the National Prosecuting Authority does not keep statistics regarding domestic violence matters. In this regard it is important to mention that domestic violence is an umbrella term for several offences which can be both statutory and common law offences. For example, if a person is convicted of the common law offence of assault on his or her partner, it will be captured as a criminal offence of assault and not as domestic violence.

1. During the years mentioned hereunder a number of persons were in contempt of the protection order issued against him or her in terms of the Domestic Violence Act, 1998 (Act 116 of 1998). The statistics of these withdrawals are as follows:

Domestic Violence - Criminal

Period

Total no. of cases disposed of

  1. Withdrawn Cases

Withdrawal Rate*

aaa) 2017/18

9 782

5 487

56.1%

bbb) 2018/19

10 438

6 174

59.1%

bb) Q1* of 2019/20

3 013

1 780

59.1%

*Q1 = April - June 2019

(Source: National Operations Centre (NOC) at the Department of Justice and

Constitutional Development)

It should be noted that the figures above are projected as financial years rather than normal calendar periods.

Our electronic court systems at this point do not provide for a distinction between withdrawals by the complainant and the prosecutor. A request has been made for the system to be amended so that a new field can be populated to provide such information in the future.

*Withdrawal rate = withdrawn cases against total number of disposed of cases.

b) Sexual offences:  

(i) There are instances where the complainant requests the withdrawal of his/her case, and such cases can be withdrawn in court. However, the data reflecting this number of withdrawals, i.e., only by complainants, is not separately kept but forms part of the total number of withdrawals reflected in paragraph (ii) below.

(ii) The NPA reflects its performance data according to financial years. Accordingly, the number of cases withdrawn in the dedicated sexual offences courts for the financial year April 2018 – March 2019 comprised a total of 98 cases. During the first four months of the financial year 2019/20 (April – July), 44 cases were withdrawn. Data is not available for dedicated sexual offences courts prior to FY2018/19. It must be noted that sexual offence cases are also withdrawn in other courts but we do not have the specific data for withdrawn sexual offences only, because while data is kept on the number of cases withdrawn, this information is not recorded per crime type, but for the total number of the cases withdrawn.

22 October 2019 - NW942

Profile picture: Julius, Mr J

Julius, Mr J to ask the Minister of Human Settlements, Water and Sanitation

Whether there are any plans to complete the Droogheuwel water tower project in Randwest City Local Municipality after the budget for this project was wrongfully invested in the VBS Mutual Bank by the West Rand District Municipality; if not, why not; if so, what are the details of the plans?

Reply:

The Gauteng Department of Human Settlements has advised that plans are well underway to complete the Droogheuwel Water Tower Project. This is a multi-year project with a value of R169 000 000.00 and is currently 91% complete. It is anticipated that by end October 2019, the Gauteng Department of Human Settlements will transfer the balance of R 32 008 863.21 to the Rand West City Local Municipality which will effectively enable the total completion of the project.

I have been informed that the Rand West City Local Municipality has not invested funds in the VBS Mutual Bank. However, should the Honourable Member possesses information contrary to this, I would encourage him to send it to the law enforcement agencies for investigation.

 

 

22 October 2019 - NW859

Profile picture: Graham, Ms SJ

Graham, Ms SJ to ask the Minister of Human Settlements, Water and Sanitation

Whether her department has put any plans in place to repair the wall in the Nqweba Dam, Graaff-Reinet, as per the agreement concluded with the former Camdeboo Local Municipality; if not, what is the position in this regard; if so, (a) what are the details of the (i) plans and (ii) time frames for the repairs and (b) will the dam be returned to the Dr Beyers Naudé Local Municipality once repairs have been completed?

Reply:

The Nqweba Dam, formerly known as the Van Ryneveld’s Pass Dam, near Graaff- Reinet in the Eastern Cape is used for municipal water supply to the town of Graaff-Reinet in the Dr. Beyers Naude Local Municipality.

The dam was designed by the Department for Irrigation and was constructed between 1921 and 1925 for the Van Ryneveldspas Irrigation Board. It is a concrete gravity dam with a maximum wall height of 46 m and a capacity of 46 million m3. Ownership was transferred to the Camdeboo Local Municipality in 2002.

Dam Safety Inspection Reports found the structure to be unstable under Recommended Design Flood conditions. This shortcoming is typical of concrete gravity dams designed at a time when flood estimates were based on inadequate hydrological records and when uplift forces in concrete gravity dams were not fully understood. A possible dam-break flood caused by a failure of the dam wall would cause a high loss of life and a large amount of damage.

Following studies which were conducted on the best way to proceed with the rehabilitation of the dam, there was an impasse on the recommendations due to a dispute on the different conclusions reached by the experts. One report indicated that the dam does meet the required factors of safety. The Dam Safety Office, which acts as a Regulator within my department, requested that an independent expert be appointed to carry out a dam safety evaluation of the dam and to review the analysis done in the first report. However, due to budgetary constraints, the DWS was not able to carry out the review as requested at the time. I have since instructed the department to find a budget for this review from the current baseline and reprioritise the existing budget.

To resolve this impasse, I have instructed my Department to procure the services of an approved professional independent person/company with dam safety expertise so that the required rehabilitation of Nqweba Dam can commence in earnest.

 

22 October 2019 - NW1169

Profile picture: Basson, Ms J

Basson, Ms J to ask the Minister of Human Settlements, Water and Sanitation

Whether her department incurred any costs related to the (a) inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and (b) State of the Nation Address held in Cape Town on 20 June 2019; if so, in each case, (i) what costs were incurred and (ii) for what reason?

Reply:

The Department of Water and Sanitation and the Department of Human Settlements did not incur any costs related to either the inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria, nor the State of the Nation Address in Cape Town on the dates mentioned.

 

21 October 2019 - NW776

Profile picture: Ndlozi, Dr MQ

Ndlozi, Dr MQ to ask the Minister of Public Enterprises

(a) What amount was spent on advertising by (i) his department and (ii) state-owned entities reporting to him in the (aa) 2016-17, (bb) 2017-18 and (cc) 2018-19 financial years; (2) what amount of the total expenditure incurred by (a) his department and (b) state-owned entities reporting to him went to (i) each specified black-owned media company and (ii) outdoor advertising in each specified financial year and (c) what amount spent on outdoor advertising by his department and state-owned entities reporting to him went to each black-owned media company in each specified financial year? NW189E

Reply:

Department of Public Enterprises:

1. (a) The amount spent on advertising by the Department.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R1 822 652.22

R1 041 098.35

R752 107.06

2(a)

(i)Total expenditure that went to black-owned media company.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R441 881.25

R879 763.69

R743 105.78

(ii)Total expenditure that went towards outdoor advertising in each specified financial year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

N/A

N/A

N/A

(c)Amount spent on outdoor advertising that went to each black owned media company in each specified financial year

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

N/A

N/A

N/A

According to the information received from ALEXKOR

1(a) (ii) The amount spent on advertising by State Owned Entities reporting to him.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R950

R23 360

R7 225

2(b)

(i) Total expenditure that went to black-owned media company in each specified year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R0.00

R0.00

R0.00

(ii)Total expenditure that went towards outdoor advertising in each specified year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R0.00

R0.00

R0.00

(c)Amount spent on outdoor advertising that went to each black owned media company in each specified financial year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R0.00

R0.00

R0.00

According to the information received from DENEL

1(a) (ii) The amount spent on advertising by State Owned Entities reporting to him.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R3 173 466.29

R365 656.97

R809 663.76

2(b)

(i)Total expenditure that went to black-owned media company in each specified year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R1 349 234.78

R0.00

R278 640

(ii)Total expenditure that went towards outdoor advertising in each specified year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R261 160

R0.00

R0.00

(c)Amount spent on outdoor advertising by the State Owned Entities that went to each black owned media company in each specified financial year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R261 160

R0.00

R0.00

According to the information received from Eskom

(1)(a)(ii) Table below provides advertising spend for the specified financial years

Financial year

Total Spend on advertising

2016/17 (aa)

R 27 274 202

2017/18 (bb)

R 36 119 802

2018/19 (cc)

R 2 385 839

(2)(b)(i) Advertising spend to black owned companies per financial year. Eskom has contracted with four black owned media buying companies between FY2016/17 and FY2018/19.

Name of Black owned companies

FY2016/17 Spend

FY2017/18 Spend

FY2018/19 Spend

The Media Shop

R 2 480 800

R 46 815

R 0.00

Human Communications

R 8 271 641

R 13 352 632

R 1 958 756

Basadzi

R 15 096 576

R 19 515 293

R 0

Tsalena

R 1 049 698

R 387 366

R 51 431

(2)(b)(ii) Eskom cannot provide spend on outdoor advertising, for each black-owned media company in financial years 2016/17, 2017/18 and 2019/20 because our systems are unable to draw reports on outdoor advertising specifically.

According to the information received from SAA

1(a) (ii) The amount spent on advertising by State Owned Entities reporting to him.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R42 516 220

R22 602 282

R32 908 827

2(b)

(i) Total expenditure that went to black-owned media company in each specified year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R14 708 005

R232 399

R569 510

(ii)Total expenditure that went towards outdoor advertising in each specified year

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R22 103 621

R14 194 897

R651 027

(c)Amount spent on outdoor advertising that went to each black owned media company in each specified financial year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R14 708 005

R232 399

R569 510

According to the information received from SAFCOL

1(a) (ii) The amount spent on advertising by State Owned Entities reporting to him

(1)(a)(ii) SAFCOL does not use outdoor advertising, the amounts below are for media, branding and publications for recruitment for vacant positions in the company.

1(a) (ii) The amount spent on advertising by State Owned Entities reporting to him.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R 368 896,35

R 61 171,07

R 50 040,35

2(b)

(i)  Total expenditure that went to black-owned media company in each specified year.

See annexure (a)

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R 368 896,35

R 61 171,07

R50 040,35

(ii)Total expenditure that went towards outdoor advertising in each specified year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

n/a

n/a

n/a

(c)Amount spent on outdoor advertising that went to each black owned media company in each specified financial year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

n/a

n/a

n/a

(ii)Total expenditure that went towards outdoor advertising in each specified year.

SAFCOL has never incurred expenses on outdoor advertising in each specified financial year.

(c)Amount spent on outdoor advertising that went to each black owned media company in each specified financial year.

SAFCOL has never incurred expenses on outdoor advertising. Therefore, there were no expenses incurred for black-owned media companies.

According to the information received from SA Express

1(a) (ii) The amount spent on advertising by State Owned Entities reporting to him

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R12 210 232

R2 692 967

R419 763

2(b)

(i) Total expenditure that went to black-owned media company in each specified year

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R9 911 642

R1 033 609

R10 800

(ii)Total expenditure that went towards outdoor advertising in each specified year

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R0.00

R1 400 655

R0.00

(c)Amount spent on outdoor advertising that went to each black owned media company in each specified financial year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R0.00

R0.00

R0.00

According to the information received from Transnet

1(a) (ii) The amount spent on advertising by State Owned Entities reporting to him.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R11 363 903.55

R9 429 723.15

R10 786 337.37

2(b)

(i) Total expenditure that went to black-owned media company in each specified year.

See annexure (a)

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R12 317 405.91

(ii)Total expenditure that went towards outdoor advertising in each specified year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R1 537 779.20

n/a

R1 910 039.19

(c)Amount spent on outdoor advertising that went to each black owned media company in each specified financial year.

2016/17 (aa)

2017/18 (bb)

2018/19 (cc)

R1 537 779,20

n/a

R1 910 039.19

21 October 2019 - NW535

Profile picture: McGluwa, Mr JJ

McGluwa, Mr JJ to ask the Minister of Home Affairs

Whether his department has any monitoring systems in place to detect computer system crashes and/or failure; if not, why not; if so, will he furnish Mr J J McGluwa with a list including (a) where, (b) when and (c) what were the causes of each crash; (2) What are the remedial actions that his department is taking to address the ongoing failure of its system?

Reply:

1. The Department does not experience system crash/failure, but sometimes system unavailability due to certain causes like infrastructure issues, e.g power and network outages caused by various instances like cable theft/damages.

The Department has built in monitoring system that system experts use daily for monitoring utilization, queues, databases, and network infrastructure availability. The Department intends to implement Enterprise Operating Centre (EOC) which will fully monitor all departmental critical systems.

2. There have been initiatives through State Information Technology Agency (SITA) for Uninterrupted Network and Departmental ongoing system upgrades and projects.

 

END

21 October 2019 - NW1098

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of International Relations and Cooperation

Whether, with reference to her reply to question 559 on 5 September 2019, there has been any high – level conversation between her and / or the President of the Republic , Mr M C Ramaphosa, and their counterparts in Algeria about the matter?

Reply:

The matter did not necessitate any further discussion as the National Prosecuting Authority declined to prosecute.

In addition, the Ambassador concluded his term of duty, and has departed South Africa on 14 October 2019.

21 October 2019 - NW607

Profile picture: Pambo, Mr V

Pambo, Mr V to ask the Minister of Home Affairs

(a) What number of visa applications were denied in (i) 2017 and (ii) 2018 and (b) what was the country of origin of each applicant whose application was denied?

Reply:

(a)The number of visa’s rejected in (i) 2017 = 27 772 and (ii) 2018 = 36 452.

(b) A breakdown of the country of origin of each applicant whose application was denied for the respective years is attached as Annexure A.

 

 

END

21 October 2019 - NW637

Profile picture: Chabangu, Mr M

Chabangu, Mr M to ask the Minister of Public Enterprises

Whether his department and/or any entities reporting to him contracted the services of certain companies (names furnished) or any of their affiliated companies; if so, (a) What services did each company render, (b) What was the total monetary value of each contract, (c) What amount was paid to each company, (d) What was the duration of each contract, (e) Who signed off on each contract and (f) Was each contract in line with the Public Finance Management Act, Act 1 of 1999, and relevant departmental regulations?

Reply:

Department of Public Enterprises

The Department has not contracted services of the following companies:

  • Forensic Data Analysts;
  • Muvoni Technology Group;
  • Muvoni Investment Holdings; and
  • Ideco

According to the information received from ALEXKOR SOC LTD

Company names (furnished)

(a) what services did each company render

(b) what was the total monetary value of each contract

(c) what amount was paid to each company

(d) what was the duration of each contract

(e) who signed off on each contract

(f) was each contract in line with the Public Finance Management Act, Act 1 of 1999 and relevant Department regulations.

Forensic Date Analysts

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Muvoni Technology Group

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

 

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Muvoni Investment Holdings

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Ideco

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

According to the information received from DENEL SOC LTD

Denel SOC LTD has not contracted the services of Muvoni Technology Group Muvoni Investment Holding and IDECO or any of their affiliated companies.

According to the information received from ESKOM SOC LTD

Eskom does not have records of contracts or payments to Forensic Data Analysts, Muvoni Technology Group, Muvoni Investment Holdings and Ideco.

According to the information received from SAA SOC LTD

SAA has no records of the company processing payments or doing any business with the following companies: Forensic Data Analytics; Muvoni Technology Group, Muvoni Investment Holdings; Ideco or any of their affiliated companies.

According to the information received from SAFCOL SOC LTD

According to our record, SAFCOL has never contracted these service providers (Forensic Data Analysts, Muvoni Technology Group, Muvoni Investment Holdings, ldeco) and they are not registered on the SAFCOL database.

According to the information received from SAX SOC LTD

SA Express Airways’ SAP system has no records of the company processing payments or doing any business with the following companies: Forensic Data Analytics; Muvoni Technology Group, Muvoni Investment Holdings; Ideco or any of their affiliated companies.

According to the information received from TRANSNET SOC LTD

Transnet has not contracted the services of Muvoni Technology Group, Muvoni Investment Holding, Iveco or any of their affiliated companies.

21 October 2019 - NW625

Profile picture: Moteka, Mr PG

Moteka, Mr PG to ask the Minister of Public Enterprises

What (a) total amount has (i) his department and (ii) each of the entities reporting to him spent on (aa) cleaning, (bb) security and (cc) gardening services in the (aaa) 2017-18 and (bbb) 2018-19 financial years, (b) amount was paid to each service provider to provide each specified service and (c) total amount was paid to each of the service providers?

Reply:

Department of Public Enterprises:

The information on cleaning and security services is mentioned below. There was no spending on gardening services.

(a)(i) Department of Public Enterprises

(b) Cleaning Services

Lounde Holdings = R156 600.00

Purpose serve Service & Supply = R328 500.00

Vuledza Industies = R124 788.00

(c) Security Services

Matlolobe Business Enterprise = R1 754 967.33

Madox Security and Risk = R247 000.00

Eldna Security Services = R907 633.94

Nungu Security Services = R267 000.00

Services

(aaa) 2017/2018

(bbb) 2018/2019

TOTAL

Cleaning Services

R204 600.00

R405 288.00

R609 888.00

Security Services

R1 671 143.56

R1 505 457.71

R3,176,601.27

Gardening Services

N/A

N/A

N/A

According to the information received from Alexkor

  • Cleaning services-Alexkor have two cleaners which are internal staff
  • Security services- Not applicable
  • Gardening services – Not applicable

Alexkor /RMC PSJV Enterprise Development Project - 2017/2018 – Cleaning and Gardening

1. GB Keweley (Township Cleaning including Gardens)

R 56 500.00

2. Madawa Services (Township Cleaning including Gardens)

R 298 390.00

3. June Christiaan (Cleaning Services)

R 70 000.00

4. Amos Mrwati (Cleaning Services)

R 72 500.00

5. Alexanderbay Tuinsdienste (Township Cleaning Services including Gardens)

R 83 400.00

6. Gerrit Cloete ( Township Cleaning Services)

R 119 000.00

7. Ex Catherda Services (Township Cleaning Services)

R 158 000.00

8. Richtersveld Werke (Township Cleaning and Gardens)

R 220 000.00

Alexkor /RMC PSJV Enterprise Development Project - 2018/2019 – Cleaning and Gardening

1. Madawa Services (Township Cleaning including Gardens)

R 260 500.00

2. June Christiaan (Cleaning Services)

R 62 100.00

3. Amos Mrwati (Cleaning Services)

R 62 100.00

4. Gerrit Cloete ( Township Cleaning Services including Gardening)

R 121 000.00

5. Ex Catherda Services (Township Cleaning Services including Gardening)

R 165 000.00

6. Richtersveld Werke (Township Cleaning Services including Gardens)

R 231 000.00

Alexkor/RMC JV - F/Y 2017/2018

  1. Security Services

R10, 994 572.00 (Vat excluded)

Alexkor/RMC JV - F/Y 2018/2019

  1. Security Services (Physical and CCTV)

R10, 595 825.00 (Vat excluded)

According to the information received from Denel

Financial Year

Cleaning

Security

Gardening

TOTAL

2017/18

13,071,894.50

17,232,157.26

3,684,380.75

33,988,432.51

2018/19

12,752,339.55

16,446,327.25

2,930,533.35

32,129,200.15

Total

25,824,234.05

33,678,484.51

6,614,914.10

66,117,632.66

According to the information received from ESKOM

a)(ii)

The table below displays the amounts that Eskom has spent on cleaning, security, and gardening service contracts in the 2017-18 and 2018-19 financial years.

(b)(c)

The amount paid to service providers for cleaning services is in Annexure A. The amount paid to service providers for security services is Annexure B. The amount paid to service providers for gardening services is in Annexure C.

Service Providers

(aaa) 2017/18

(bbb) 2018/19

TOTAL

(aa) Cleaning Services

632 658 536.57

653 465 470.68

1 286 124 007.25

(bb) Security Services

1 033 723 184.61

1 023 120 840.51

2 056 844 025.12

(cc) Gardening Services

127 794 705.50

100 237 950.60

228 032 656.10

ALL Services

1 794 176 426.68

1 776 824 261.79

3 571 000 688.47

(a)(ii)TOTAL

3 571 000 688.47

According to the information received from SAA

Financial Year

Supplier

2017-18

2018-19

Total

(aa) Cleaning Services

Morena Corporate Services

R23 025 915.90

R 23 838 871.70

R46 864 787.60

(bb) Security Services

Reshebile Protection and Aviation Services

R100 645 461.06

R100 812 034.16

R201 457 495.22

(cc) Garden Services

Rothe Plantscapers

R408 322.08

-

R408 322.08

 

Rothe Plantscapers

R102 169.26

R862 461.29

R964 630.55

According to the information received from SAFCOL

(a) (ii)The Summary is provided below:

Services 2017/18

Amounts

(aa)

Cleaning (materials procured for cleaning services)

R1 063 251,94

(bb)

Security

R7 366 137,15

(cc)

Gardening services (Gardening services costs are incurred by the landlord)

R0

(aaa)

(bbb)

Services 2018/19

Amounts

(aa)

Cleaning (Materials procured for cleaning services)

R1 458 793,41

(bb)

Security

R10 019 283,59

(cc)

Gardening services (Gardening services costs are incurred by the landlord)

R0

Refer to Annexure A for more details (ii) (aaa) 2017-18, (bbb) 2018-19, (b) and (c).

According to the information received from SAX

No

Supplier name

Service rendered

Amount paid

2017-18

Amount paid

2018-19

1

SAA

Cleaning services

R 256 614.36

R 262 639.92

2

Mafoko Security

Security services

R 480 855.86

R 657 651.96

3

SAA

Gardening services

R 157 642.80

R 157 642.80

4

Bosasa

Security services

R 121 600.82

 

Total

R 1 016 713.84

R 1 077 934.68

 

 

21 October 2019 - NW1017

Profile picture: McGluwa, Mr JJ

McGluwa, Mr JJ to ask the Minister of Home Affairs

(a) On what date was the contract to accommodate undocumented migrants at the Lindela Repatriation Centre for deportation signed, (b) with which company was the lease signed, (c) what is the duration of the contract, (d) what is the amount being charged for each month and (e) what total amount has been paid to date?

Reply:

(a) The contract was signed on 1 December 2015

(b) The company with which the contract was signed was Leading Prospects Trading 111 (Pty) Ltd trading as Lindela Repatriation Centre

(c)The contract duration is five years; the contract will end 30 Nov 2020.

(d) The monthly payment for the facility is R9, 544,119.49.

(e) The total amount from 1 Dec 2015 to 31 Aug 2019 is R411, 853, 165, 38

 

END

21 October 2019 - NW587

Profile picture: Komane, Ms RN

Komane, Ms RN to ask the Minister of Public Enterprises

Whether his department or any of the entities reporting to him ever contracted the services of a certain company since February 2018; if so, (a) what was the value of each contract, (b) on what date was it awarded, (c) for what services was it awarded and (d) who approved the contracting of the services?

Reply:

Department of Public Enterprises:

The Department has not contracted services of Werksmans Attorneys.

According to the information received from Alexkor SOC LTD

Company name (furnished)

(a) what was the value of each contract

(b) on what date was it awarded

(c) for what services was it warded

(d) who approved the contracting of the services?

Werksman Attorneys

Not applicable

Not applicable

Not applicable

Not applicable

Alexkor SOC did not contract the services of Werksmans Attorneys since February 2018.

According to the information received from Denel SOC LTD

Company name (furnished)

(a) what was the value of each contract

(b) on what date was it awarded

(c) for what services was it warded

(d) who approved the contracting of the services?

Werksman Attorneys

Not applicable

Not applicable

Not applicable

Not applicable

Denel SOC did not contract the services of Werksmans Attorneys since February 2018.

According to the information received from Eskom SOC LTD

Company name (furnished)

(a) what was the value of each contract

(b) on what date was it awarded

(c) for what services was it warded

(d) who approved the contracting of the services?

Werksman Attorneys

Not applicable

Not applicable

Not applicable

Not applicable

Eskom has not contracted services of Werksmans Attorneys since February 2018.

According to the information received from SAA SOC LTD

(a) Werksman rendered a variety of legal services to SAA as fully set out in Table A hereunder.

Table A Werksmans rendered and were paid for the following services for the period 2008 to 2019.

TABLE A

SAA Paid Werksman the following amounts for the period 2008 to 2019

 

Financial Year

Vendor Name

Services Rendered

Total Spend

2008

Werksman Attorneys

Litigation

R 788,773.92

2009

Werksman Attorneys

Litigation

R 1,547,889.36

2010

Werksman Attorneys

Litigation (Equity Aviation)

R 545,592.08

2011

Werksman Attorneys

Labour

R 3,867.45

2012

Werksman Attorneys

Litigation (Equity Aviation)

R 110,502.48

2013

Werksman Attorneys

Labour Matter

R 175,165.09

2014

Werksman Attorneys

Labour Matter

R 252,550.78

2015

Werksman Attorneys

Aircraft Leasing

R 1,199,031.66

2016

Werksman Attorneys

Labour Matter

R 524,399.20

2017

Werksman Attorneys

Labour Matter

R 14,801.88

2018

Werksman Attorneys

Intellectual Property (Release of Mortgage)

R 93,678.28

2019

Werksman Attorneys

Labour Matter Steven Poprawa

R 865,004.93

       
     

R6,121,257.11

SAA is not aware of any Werksmans affiliated companies that were paid for the rendering of the above mentioned companies. All invoices received from Werksmans were paid directly to them.

This level of information is normally not kept by the legal department. The duration of each contract is always dependent the type of matter and any complexities presented. Litigation matters would normally last longer compared to corporate advisory and transactional work. We will commence collation of this information for future reporting.

(d) The procurement of the services followed a supply chain process and were sourced either through the panel of service providers or the RFQ process and were signed off by procurement as the custodian of the procurement process. Each contract entered into with Werksmans was or is in line with the PFMA and relevant departmental regulations.

According to the information received from SAFCOL SOC LTD

Werksman Attorneys February 2018 – August 2019

Reference

Description

Service Provider

Date Awarded

Contract Approved

Contract Period

Bid Amount

1.

Legal Services

Werksmans Attorneys

None

None

None

R119 752,31

a) The contract value is not known as there was no contract between SAFCOL and Werksmans Attorneys. However, expenses incurred from February 2018 to August 2019 amounted to R119 752, 31.

b) The exact date during which the contract was awarded to Werksmans Attorneys is not known. However, the instruction to request Werksmans Attorneys to carry out work for SAFCOL was around August 2015.

c) Werksman Attorneys scope of work was to initiate and preside over disciplinary hearings for certain employees.

d) The instruction to Werksmans Attorneys was approved by Ms Nomkhita Mona (former CEO), Ms Zoliswa Mashinini (former CFO) and Francois de Villiers (former COO).

According to the information received from SAX SOC LTD

Name of Company

Werksmans Attorneys

Value of contracts

Fixed once off contract (R1 196 305.26)

When was it awarded?

February 2019

Type of services

Werksmans Attorneys was requested to perform the following duties:

To assist with the review of commercial terms relating to particular contracts and SAX rights as some had been flagged as irregular from a compliance perspective – MGC Matekane; Africa Charter; FlyFofa; Namane Capital; Ziegler

Who approved the contracting of services

The appointment followed the normal internal procurement processes.

According to the information received from TRANSNET SOC LTD

From February 2018 Transnet has not contracted Werksmans attorneys to render any services. However, in June 2017 they were hired by the then Transnet Board to conduct a forensic investigation into allegations of procurement irregularities in the acquisition of the 1064 locomotives. Those services were rendered from June 2017 to March 2018 and for which they were paid fees in the amount of R12 562 506.83 including VAT and disbursements.

Legal firms should be retained on the basis of their specific expertise and the particular needs of the entity. Any forensic report produced by any legal or other firm must be acted upon to recover funds improperly expended and where appropriate charges will be laid with the relevant law enforcement authorities.

21 October 2019 - NW1168

Profile picture: Basson, Mr LJ

Basson, Mr LJ to ask the Minister of Home Affairs

Whether his department incurred any costs related to the (a) inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and (b) State of the Nation Address held in Cape Town on 20 June 2019; if so, in each case, (i) what costs were incurred and (ii) for what reason?

Reply:

(a) Yes

(a)(i) R2 462 005.00

(a)(ii) Overtime and accommodation for Immigration officials deployed at OR Tambo International Airport, Waterkloof Airport and selected land ports of entry to receive and process foreign heads of state and dignitaries attending the inauguration.

(b) Yes

(b)(i) R13 310.62

(b)(ii) Travel and accommodation cost of acting Director-General invited to the State of the Nation address as accounting officer of the Department.

END

18 October 2019 - NW895

Profile picture: Shembeni, Mr HA

Shembeni, Mr HA to ask the Minister of Human Settlements, Water and Sanitation

Whether her department has a plan to build water infrastructure in Tsambokhulu Village in Nkomazi, Mpumalanga; if not, what is the position in this regard; if so, (a) by what date will building commence and (b) at what stage is the plan?

Reply:

The Tsambokhulu Village is already receiving water supply from the Masibekela Water Treatment Plant which abstract water from the Komati River. The plant was upgraded in 2013 from 7ML /Day to 14ML/Day in order to address the water demand of the Southern area of Nkomazi Local Municipality including Tsambokhulu Village. The project was completed in 2016 and is being operated by the Nkomazi Local Municipality.

However, due to inadequate electrical supply, the Masibekela Water Treatment Plant is currently operating at an average volume of 9ML/Day. The shortfall is due to additional electricity supply needed to optimise the Masibekela Treatment Plant. This is being addressed through an application which has already been lodged with Eskom.

To address the above, I wish to inform the Honourable Member that my Department is assisting the municipality to address the matter and has lodged an application with ESKOM for the supply of electricity to the Masebekela Water Treatment Plant. The improvement of electrical supply will enable the plant to operate at full capacity and the water demand for Tsambokhulu village will be fully accommodated.

 

 

 

17 October 2019 - NW643

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional ServicesWhat total amount has been spent on the Judicial Commission of Inquiry to Inquire into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State since it was established.REPLY A total of R330,070 million has been spent up to 31 July 2019

Which companies or service providers were paid with the budget and (c) What amount was each company or service provider paid?

Reply:

A total of R330,070 million has been spent up to 31 July 2019:

Financial Year

Expenditure

R’000

2018/19

244,573

2019/20 as at 31 July 2019

85,496

Total Spent

330,070

 

b) Which companies or service providers were paid with the budget and (c) What amount was each company or service provider paid?

Supplier

Amount Paid

 

Supplier

Amount Paid

Business Furniture Solutions

R           194,062

 

Esizwe Group

451,030

Metro (Pty) Ltd

R          198,731

 

Mvula Computer Network

87,910

Ibhubesi

R              51,740

 

Konica Minolta

183,690

Tiso Black Star

1,824,436

 

Travel with Flair

445,517

Tina fusion

R                1,500

 

Government Printing Works

129,880

Krost Shelving

R              55,884

 

EMS

150,750

Elle Promotions

R              35,625

 

Exclusive Book

1,585

Perfect Transcribers

R                8,980

 

PC Palace

1,561

Accura

669,560

 

Buddulphus

14,933

Multimedia Xpress

816,172

 

Thfheembilu Suppliers

10,000

 

The names of suppliers paid by National Treasury on behalf of the State Capture Commission cannot be disclosed due to the secrecy and sensitivity of the activities performed by the Commission. The number of companies/ individuals and total paid todate is indicated in the table below:

No.

Services Provided

No of Service Provided

Amount Paid to date

1.

Digital Forensic Team

23

R38,208,176

2.

Core Investigation Team

10

R50,447,744

3.

Information Management Team

11

R14,816,571

4.

Research Hub

8

R5,283,458

5.

Digital Support Team

4

R642,437

6.

Investigation Team

45

R48,015,130

7.

Call Centre Team

3

R2,168,448

8.

Legal Centre

3

R545,000

Total Consultant Services

107

R160,126,964

9.

Communications & Software

3

R370,012,203

10

Substance & Travel Expenses

2

R243,178

11.

IT Consumable

1

R34,152

12.

Machinery & Equipment

1

R51, 944,472

13.

Security Services

1

R321, 793

Total other expenditure

8

R89,555,798

Total Expenditure to date

 

R249,682,762

Payments to Legal Counsel:

Counsel

No. Appointments

Amount Paid to date

Senior Counsel

5

R31 462, 788

Junior Counsel

7

R12, 738,305

Total

12

R42,201, 092,81

17 October 2019 - NW669

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Justice and Correctional Services

What (a) is the total number of current vacancies for (i) presiding officers and (ii) court officials in (aa) lower and (bb) higher courts in each province and (b) are the details of the (i) position and (ii) date in which each position became vacant in each case?

Reply:

(a) (i) (aa) As at 17 September 2019, the total number of vacancies for Presiding

Officers (Magistrates) in the lower courts is 426, comprising Regional, Senior and entry level District Court Magistrates. The number of vacancies, disaggregated, is as follows:

  1. There are 367 entry level magistrates’ vacancies, of which 210 have already been recommended by the Magistrates Commission to be filled after all recruitment processes have been completed. I have received a memorandum regarding the recommended filling of these posts which is currently receiving consideration. The remaining 157 vacant posts of entry level magistrates will be advertised by December 2019/January 2020;
  2. There are 27 senior magistrates’ vacancies, which were advertised in June 2019. The recruitment processes regarding these vacancies are already in progress;
  3. There are 29 regional magistrates’ vacancies. These posts were advertised in June 2019 and the recruitment processes are already in progress; and
  4. There are also three (3) regional magistrates’ posts that became vacant recently. (In this regard, Mr Xolo from Eshowe Magistrate’s Court passed away on 11 September 2019; Mr Lubuzo from Madadeni Magistrate’s Court passed away on 12 July 2019; and Mr Erasmus from the Port Elizabeth Magistrate’s Court retired on 1 September 2019).

At this stage, I am unable to provide the dates when each of the magistrates’ posts became vacant in view of the substantial number of vacancies as the information will need to be sourced country-wide per vacancy from the various courts. The majority of these vacancies mentioned above became vacant after March 2018 when the previous advertisement for vacancies was compiled.

(a) (ii) (aa) The total number of current vacancies for court officials (administration posts) in the lower courts in each province is as follows:

The table below provides a summary of funded vacancies as at 6 September 2019:

Regions

Number of Funded Vacancies

Eastern Cape

91

Free State

28

Gauteng

62

KZN

52

Limpopo

57

Mpumalanga

31

North West

47

Northern Cape

20

Western Cape

75

Grand Total

463

The total number (463) of vacant administration posts in the lower courts can be disaggregated as follows:

  • A total of 139 vacant positions have been vacant for a period of less than 90 calendar days or less from the date that the position became vacant.
  • A total of 101 have been vacant for a period of 91 and 180 calendar days.
  • A total of 132 funded vacant positions have been vacant for a period of 181 to 360 calendar days.
  • A total of 91 funded positions have been vacant for a period longer than 361 days.

Table 1: Presiding Officers

(a) The total number of current vacancies for (i) presiding officers at the Higher Court is currently at 36;

(bb) the 36 vacancies are in 21 Location/Service Centres of 7 Superior Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court

(a) Total number of current vacancies

(a) (i) Presiding officers

(a) (aa)Lower Courts in each province 

(a) (bb) Location/Service Centres of 7 Superior Courts in each province 

(b) (i) Details of the positions

(b) (ii) Date in which each position became vacant

Constitutional Court

1

1

0

1

Judge (x1)

20.08.2019

Supreme Court of Appeal

2

2

0

1

Judge (x2)

01.07.2019

22.07.2019

Northern Cape Division (Kimberley)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

18.09.2017

Eastern Cape Division (Grahamstown)

3

3

0

4

Judge (x3)

03.03.2017

01.06.2019

30.08.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Judge (x2)

22.12.2018

21.01.2019

Eastern Cape Local Division (Bhisho)

1

1

0

 

Judge (x1)

07.11.2017

Eastern Cape Local Division (Mthatha)

1

1

0

 

Judge(x1)

03.09.2018

Western Cape Division (Cape Town)

1

1

0

1

Judge (x1)

01.06.2018

North West Division (Mahikeng)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

02.10.2017

16.04.2019

Free State Division (Bloemfontein)

2

2

0

1

Deputy Judge President (x1)

Judge (x1)

01.12.2018

28.07.2019

Gauteng Division (Pretoria)

4

4

0

2

Judge (x4)

02.01.2018

01.06.2018

16.06.2018

12.05.2019

Gauteng Local Division (Johannesburg)

3

3

0

 

Judge (x3)

01.08.2018

01.02.2019

10.06.2019

Limpopo Local Division (Thohoyandou)

0

0

0

2

n/a

n/a

Limpopo Division (Polokwane)

1

1

0

 

Deputy Judge President (x1)

01.06.2019

Mpumalanga Division (Nelspruit)

8

8

0

1

Deputy Judge President (x1)

Judge (x7)

21.12.2018

KwaZulu-Natal Division (Pietermaritzburg)

1

1

0

2

Judge (x1)

01.06.2019

KwaZulu-Natal Local Division (Durban)

0

0

0

 

n/a

n/a

Labour Court

2

2

0

4

Deputy Judge President (x1)

Judge (x1)

18.09.2017

21.05.2019

Total

36

36

0

21

36

n/a

 

Table 2: Court Officials

(a) The total number of current vacancies for (ii) Court Officials in the Higher Court is currently at 130;

(bb) the 130 vacancies are in 21 Higher Courts.

(b) The details of the (i) position and (ii) date in which each position became vacant in each case is provided in the table below:

Court

(a) Total number of current vacancies

(a) (ii) Court Officials

(a) (aa)Lower Courts in each province 

(a) (bb) Higher Courts in each province

(b) (i) Details of the positions

(b) (ii) Date in which each position became vacant

Constitutional Court

4

4

0

1

Law Researcher (x2)

31.12.2018

28.02.2019

         

Judge’s Secretary (x 1)

28.02.2019

         

Security Officer (x1)

01.01.2019

Supreme Court of Appeal

6

6

0

1

Office Manager (x1)

01.01.2019

         

Assistant Director: Library Services (1)

31.12.2018

         

Deputy Director: Auxiliary Services (1)

14.12.2018

         

Librarian (1)

01.08.2019

         

Judge’s Secretary (x2)

02.07.2019

18.07.2019

Northern Cape Division (Kimberley)

3

3

0

1

Administration Clerks (Dcrs) (x1)

01.01.2019

         

Chief Registrar (x1)

01.01.2019

         

Senior Court Interpreter (x1)

31.03.2019

Eastern Cape Division (Grahamstown)

6

6

0

4

Administration Clerk (x2)

01.11.2018

           

01.07.2019

         

Chief Registrar (x1)

31.07.2019

         

Registrar (x1)

01.08.2019

         

Register’s Clerk (x1)

01.11.2018

         

Typist (x1

01.07.2019

Eastern Cape Local Division (Port Elizabeth)

2

2

0

 

Court Manager (x1)

01.06.2019

         

Judge’s Secretary (x1)

30.06.2019

Eastern Cape Local Division (Bhisho)

5

5

0

 

Administration Clerk (x1)

30.11.2018

         

Judge’s Secretary (x1)

30.06.2019

         

Messenger (x1)

01.04.2019

         

Senior Court Interpreter (x1)

01.04.2019

         

Statistical Officer (x1)

31.03.2019

Eastern Cape Local Division (Mthatha)

6

6

0

 

Administration Clerks (Dcrs) (x1)

06.01.2019

         

Registrar (x1)

31.12.2018

         

Registrar’s Clerk (x1)

31.03.2019

         

Telecom Operator (x1)

01.09.2018

         

Typist (x1)

31.05.2019

         

Usher Messenger ii (x1)

31.12.2018

Western Cape Division (Cape Town)

12

12

0

1

Administration Clerk (x1)

16.04.2019

         

Judge’s Secretary (x2)

31.07.2019

           

31.05.2019

         

Law Researcher (x1)

14.04.2019

         

Registrar (x3)

31.12.2018

           

01.01.2019

           

01.03.2019

         

Registrar’s Clerk (x1)

30.07.2019

         

Senior Court Interpreter (x1)

31.03.2019

         

Senior Foreman: Caretaking Services (x1)

31.05.2019

         

Usher Messenger ii (x2)

29.03.2019

           

30.06.2019

North West Division (Mahikeng)

8

8

0

1

Administrative Officer (x1)

28.02.2019

         

Court Interpreter Principal (x1)

31.01.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Librarian (x1)

31.07.2019

         

Registrar (x1)

01.01.2019

         

Chief Registrar (1)

30.11.2019

         

Registrar’s Clerk (x1)

30.04.2019

         

Registry Clerk (x1)

01.12.2018

Free State Division (Bloemfontein)

6

6

0

1

Administration Clerks (Dcrs) (x1)

10.06.2019

         

Judge’s Secretary (x1)

31.07.2019

         

Law Researcher (x1)

27.02.2019

         

Registrar (x2)

01.02.2019

           

01.11.2018

         

Registrar’s Clerk (x1)

31.07.2019

Gauteng Division (Pretoria)

14

14

0

2

Registrar Chief (x1)

31.05.2019

         

Administration Clerks (Dcrs) (x1)

01.06.2019

         

Judge’s Secretary (x4)

31.05.2019

           

31.05.2019

           

28.02.2019

           

01.05.2019

         

Library Assistant (x2)

31.03.2019

           

30.04.2019

         

Registrar (x1)

28.02.2019

         

Registrar’s Clerk (x1)

30.06.2019

         

Secretary (x1)

31.03.2019

         

Typist (x2)

17.06.2019

           

01.05.2019

         

Usher Messenger ii (x1)

11.02.2019

Gauteng Division (Johannesburg)

10

10

0

 

Administration Clerk (x1)

01.06.2019

         

Judge’s Secretary (x2)

01.05.2019

           

30.06.2019

         

Senior Court Interpreter

31.01.2019

         

Office Manager (x1)

01.05.2019

         

Registrar (x1)

01.07.2017

         

Registrar’s Clerk (x2)

30.04.2019

           

11.04.2019

         

Typist (x1)

02.04.2019

         

Typist Chief (x1)

31.12.2018

Limpopo Local Division (Thohoyandou)

2

2

0

2

Registrar’s Clerk (x1)

31.12.2018

         

Registrar

31.12.2019

Limpopo Division (Polokwane)

0

0

0

 

n/a

n/a

Mpumalanga Division (Nelspruit)

16

16

0

1

Office Manager (x1)

01.06.2018

         

Assistant Director: Administration (x1)

01.06.2018

         

Librarian (x1)

01.01.2019

         

Registrar (x2)

30.06.2019

           

31.07.2019

         

Registrar’s Clerk (x8)

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

           

01.06.2018

         

Secretary (x1)

01.06.2018

         

Senior Court Interpreter (x1)

01.06.2018

         

Telecom Operator (x1)

27.06.2019

KwaZulu-Natal Division (Pietermaritzburg)

6

6

0

2

Court Interpreter Principal (x1)

01.12.2018

         

Data Capturer (x1)

01.08.2019

         

Judge’s Secretary (x1)

01.03.2019

         

Registrar (x1)

10.12.2018

         

Senior Court Interpreter (x2)

01.06.2019

           

01.08.2019

KwaZulu-Natal Local Division (Durban)

11

11

0

 

Administration Clerk (x2)

01.03.2019

           

01.08.2019

         

Law Researcher (x1)

31.12.2018

         

Registrar’s Clerk (x3)

31.03.2019

           

01.01.2019

           

25.02.2019

         

Senior Court Interpreter (x1)

01.01.2019

         

Typist (x1)

30.04.2019

         

Usher Messenger ii (x3)

31.01.2019

           

01.02.2019

           

11.02.2019

Labour Court

13

13

0

4

Administration Clerk (x3)

01.08.2019

           

01.02.2019

           

11.02.2019

         

Deputy Director: Administration (x1)

01.07.2019

         

Food Service Aid ii (x1)

01.08.2019

         

Judge’s Secretary (x3)

01.03.2019

           

01.03.2019

           

31.01.2019

         

Usher/Messenger (x1)

01.03.2019

         

Registrar (x2)

01.12.2018

           

18.06.2019

         

Registrar’s Clerk (x2)

31.03.2019

           

31.05.2019

Total

130

130

0

21

130

 

 

17 October 2019 - NW874

Profile picture: Powell, Ms EL

Powell, Ms EL to ask the Minister of Justice and Correctional Services

(a) What is the current status of the investigation by the Special Investigating Unit into the R3,5 billion bulk water supply tender to address the water situation in Giyani, Limpopo, and (b) by what date does he expect the (i) specified investigation to be concluded and (ii) findings of the investigation to be made public?

Reply:

a) I am informed by the Special Investigating Unit Head that the Special Investigating Unit (SIU) has presented an Interim Report to the Presidency on 31 October 2018 setting out the findings thus far in relation to Proclamation No. R22 of 2016. The SIU has also already taken civil action against the service providers, per Notice of Motion. The Application was issued on 26 November 2018 out of the Limpopo Division of the High Court, Polokwane. The SIU is seeking to have the appointment of LTE Consulting (Pty) Ltd and contract awarded, declared unlawful and invalid ab initio, and set aside by a court of law.

Furthermore, the SIU is seeking that the court grants an order which is just and equitable. The value of the contract is approximately R2,5 billion. The litigation is ongoing.

In addition to the civil action taken by the SIU, the SIU has also referred evidence in two criminal matters to the National Prosecuting Authority against two officials at the Lepelle Northern Water (LNW) Agency. Disciplinary referrals in respect of these two officials were also handed to the then Chairperson of the LNW Board. A further outcome was the referral of evidence to the Construction and Industry Development Board (CIDB) relating to a contravention of the CIDB Act.

b) (i) The SIU is conducting a value for money investigation which is ongoing. In addition to this, the scope of the SIU's investigation has been increased by the extension of the proclamation to include further allegations of maladministration and corruption related to this tender.

(ii) The SIU will, in terms of its legislation, present its findings to the President in the final Presidential Report. It will then be the President's discretion to make a decision whether to or not release the report.

17 October 2019 - NW782

Profile picture: Mulaudzi, Adv TE

Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

(1)(a) What amount was spent on advertising by (i) his department and (ii) state-owned entities reporting to him in the (aa) 2016-17, (bb) 2017-18 and (cc) 2018-19 financial years; (2) what amount of the total expenditure incurred by (a) his department and (b) state-owned entities reporting to him went to (i) each specified black-owned media company and (ii) outdoor advertising in each specified financial year and (c) on outdoor advertising by his department and state-owned entities reporting to him went to each black-owned media company in each specified financial year?

Reply:

1. (a) (i) The Department of Justice and Constitutional Development has spent as follows on media buying, both for communications and recruitment purposes:

(aa) 2016/17: R16 698 783.73

(bb) 2017/18: R13 810 961.04; and

(cc) 2018/19: R13 551 618.69

2. (a) The Department did not procure any outdoor advertising.

A. Entities

1. Legal Aid South Africa

1. Legal Aid SA has spent as follows in relation to advertising:

(aa) 2016-2017: R5 161 672.00;

(bb) 2017-2018: R4 770 938.00; and

(cc) 2018-2019: R3 300 647.00

2. Legal Aid South Africa spent on the following black-owned media companies (in black-owned companies, we considered only B-BBEE Level 1 contributors)

a) (i)

Company

Amount for three financial years

2016/17 - 2017/18

2016/17

2017/18

2017/18

South African Broadcast Corporation

R4 014 859.00

R935 404.00

R1 189 134.00

R1 890 321.00

Vuk’uzenzele (GCIS newspaper)

R46 153.00

R46 154.00

   

Page 82

R48 271.00

R48 271.00

   

Primedia Outdoor

R 887 346.00

R471 242.00

R363 204.00

R52 900.00

JC Decaux

R76 926.00

R76 926.00

   

Thabo Mphelo Films

R17 000.00

R17 000.00

   

VK Branding

R82 500.00

 

R82 500.00

 

Primedia Broadcast

R194 29.00

   

R194 299.00

Total

R5 367 355.00

R1 594 997.00

R1 634 838.00

R2 137 520.00

a) (ii) The table below provides the total amount spent on outdoor advertising:

 

Financial Year

Amount spent on outdoor advertising (Overall)

Amount spent on outdoor advertising

(Black-Owned Media)

(aa)

2016/17

R587 913.00

R519 513.00

(bb)

2017/18

R1 331 713.00

R440 130.00

(cc)

2018/19

R1 471 769.00

R101 170.00

B. Special Investigating Unit (SIU)

1. Please see the summary of information below in respect to the total amount spent on advertising by the SIU:

(a) (ii) (aa) 2016-17 – R 329’886.00

(bb) 2017-18: R228’476.00

(cc) 2018-19: R729’009.00

2. Total amount of the total expenditure incurred by the SIU went to each specified black-owned media company as tabulated below:

ii) The SIU does not do any outdoor advertising.

C. National Prosecuting Authority (NPA)

1. (a) The breakdown per year for advertising by the NPA is as follows:

 

2016/17

2017/18

2018/19

Advert: Marketing

R627 000.00

-

R34 431.00

Advert: Tenders

R776.96

R250.00

 

Total

R627 776.96

R250.00

R34 431.00

2. The table below provides the supplier details of all payments, however there was no spend on outdoor advertising:

Financial Year

Supplier details

Amount

BEE Level

At Least 51% Black Owned

At Least 51% Black Woman Owned

At Least 51% Black Youth Owned

2016/17

GCIS

R627 000.00

Government Department

2016/17

Government Printing Works

R776.96

Government Department

2017/18

Government Printing Works

R250.00

Government Department

2018/19

African Directory Service

R34 431.00

1

Yes

No

No

Total

R662 457.96

       

1.(a)(i) The Office of the Chief Justice spent the below amounts on advertising in the following financial years:

  1. (aa) R1 066 871 in the 2016/17 financial year;
  2. (bb) R1 702 403 in the 2017/18 financial year; and
  3. (cc) R1 724 150 in the 2018/19 financial year.

2. (a)(i) The Office of the Chief Justice (i) spent the amounts listed below to companies owned by previously disadvantaged individuals (Black, Coloured and Indian) as follows:

 

2016/17

2017/18

2018/19

No

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

Previously Disadvantaged Companies

Amount

1

Basadzi Personnel CC

(Advert Recruitment)

R94 017.09

Amcomms The-Can-Do Company

(Advert Recruitment)

R152 152.20

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R208 612.31

2

Harriet Dimakatso Multimedia

(Advert Recruitment)

R41 372.43

Basadzi Media

(Advert Recruitment) & (Advert Tenders)

R29 464.84

Hermes Communications Solutions

(Advert Recruitment)

R20 645.15

3

Letsatsi Konnexion Centre

(Advert Promotional Items)

R 92 000.00

Hermes Communications Solutions

(Advert Recruitment)

R52 488.79

Kone Staffing Solutions

(Advert Recruitment)

R155 230.91

4

Magauta Recruitment & Placement

(Advert Tenders)

R13 520.40

Indaba Global Travel

(Advert Promotional Items)

R81 106.18

Magauta Recruitment and Placement

(Advert Recruitment)

R123 744.60

5

Pagliari

(Advert Promotional Items)

R36 519.90

Jackstar Traders

(Advert Recruitment)

R84 896.02

Moshate Media

(Advert Recruitment)

R328 426.47

6

SPS Advertising and Marketing

(Advert Promotional Items)

R182 216.46

KNTE (PTY) (LTD)

(Advert Promotional Items)

R57 548.00

Seriti Printing Digital

(Advert Promotional Items)

R6 848.22

7

Human Communications

(Advert Recruitment)

R30 408.73

Kone Staffing Solutions

(Advert Recruitment)

R80 798.64

SPS Advertising and Marketing

(Advert Promotional Items)

R55 165.50

8

Leopard Rock Office Supplies

(Advert Promotional Items)

R348 344.96

Magauta Recruitment and Placement

(Advert Recruitment) & (Advert Marketing)

R193 594.80

Core Marketing Solutions

(Advert Promotional Items)

R283 974.68

9

Madiba Promotions

(Advert Boards)

R8 977.50

Phaahlana-Mahlako Media Printing

(Advert Promotional Items)

R181 490.40

Human Communications

(Advert Recruitment) & (Advert Tenders)

R74 455.43

10

M R G Graphics

(Advert Marketing)

R81 777.44

African Directory Services

(Advert Promotional Items)

R11 397.15

Madiba Promotions

(Advert Promotional Items)

R272 688.00

11

   

Human Communications

(Advert Recruitment)

R34 992.43

Seriti Printing Digital

(Advert Promotional Items)

R7 127.73

12

   

Shaneal Distributors

(Advert Promotional Items)

R1 500.00

Jetline Midrand

(Advert Promotional Items)

R20 261.88

13

   

Highbury Media

(Advert Marketing)

R3 418.86

   

14

   

Kaqala Media

(Advert Marketing)

R71 250.00

   

Total

10

R1 066 871

14

R1 702 403

12

R1 724 150

(2) (a)(ii) The Office of the Chief Justice did not procure outdoor advertising during the specified financial years, therefore, question 2 (c) will not be applicable.

17 October 2019 - NW904

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Lees, Mr RA to ask the Minister of Finance

With reference to his reply to question 3072 on 22 January 2019, what are the details of the findings and recommendations of each forensic investigation and specialised performance audit listed in the reply?

Reply:

With reference to the list of forensic investigations and specialised performance audits, as listed on ANNEXURE A of Question No. 3072, Below is the response:

i. The details of the findings and recommendations are contained in the detailed reports submitted to the respective department, municipality, entity or law enforcement agent, if requested.

ii. National Treasury is an agent and not the owner of the reports. Therefore, the respective organ of state, as reflected in Annexure A of Question No. 3072 should be responsible for responding to the question posed.

17 October 2019 - NW190

Profile picture: Mhlongo, Mr TW

Mhlongo, Mr TW to ask the Minister of Justice and Correctional Services

With reference to the reply of the former Minister of Justice and Correctional Services to question 3097 on 15 November 2018, what is the status of CAS 133/10/2015 opened at the Orlando Police Station since its submission for prosecution in July 2018; 2) whether any arrests have been made to date; if not, why not; if so, what are the relevant details; 3) whether a certain person (details furnished) has been found to have interfered in any way with the investigation into the specified case; if not, what is the position in this regard; if so, what are the relevant details; 4) whether the complainant has been informed of the status of the investigation into the specified case; if not, why not; if so, what are the relevant details?

Reply:

  1. The docket was re-submitted to the prosecution on 28 October 2018 with investigations still outstanding. A supplementary docket which was opened in November 2018, is seemingly a counter charge relating to an instance of alleged fraud. The new Investigating Officer assigned to the case has advised the Chief Prosecutor that there is a corruption docket opened, but this has not yet been submitted.
  2. No arrests have been made, as the matter is still under investigation.
  3. The Chief Prosecutor is not in a position to respond on the allegation of interference against the station commander of Orlando Police Station as she has not had sight of the corruption docket.
  4. The matter is still being investigated by Investigating Officer at the South African Police Service and they are responsible for liaising with the complainant and provide status updates on the matter. It is therefore recommended that the Honourable Member approach the Minister of Police in this Regard.

17 October 2019 - NW883

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Wessels, Mr W to ask the Minister of Justice and Correctional Services

Whether, with reference to the reply of the former Minister to question 3669 on 11 December 2018, the backlog in the Pretoria offices of the Master of the High Court has been cleared; if not, (a) why not, and (b) by what date is it expected to be cleared; 2) Whether he will make a statement on the matter?

Reply:

1(a) Currently, the Office of the Master of the High Court, Pretoria has a backlog in respect of Trusts. The reason is that since January 2019, it has been ascertained that 45 000 Trust files are missing. This has been caused by a storm that occurred when the files were still stored at Docufile and the roof of the facility was blown off which left many files being destroyed. The office, after removal of the files to Metrofile, has established a new database, and after diligent searches in the office, has now indicated that approximately 45 000 files are unaccounted for. This has also led to a backlog as dummy files need to be opened. However, this is exacerbated by the fact that before 2013, files were not kept on an automated system and clients do not have copies of all documents to open dummy files.

(b) The office, together with stakeholders, is trying their utmost best to address this backlog, and will be working overtime in the next three (3) months.

2. No.

17 October 2019 - NW1015

Profile picture: Selfe, Mr J

Selfe, Mr J to ask the Minister of Justice and Correctional Services

Whether all sentenced offenders are provided with work as contemplated in section 40 of the Correctional Services Act, Act 111 of 1998; if not, (a) why not and (b) what steps are being contemplated to keep sentenced offenders active during a normal working day; if so, what are the relevant details?

Reply:

Not all sentenced offenders can be provided with work as contemplated in section 40 of the Correctional Services Act, Act 111 of 1998.

a) Offenders such as those with further charges, disabilities and sentenced children are exempted from performing work. Offenders are allocated work activities by Case Management Committees (CMC) considering the offenders security risk classification.

b) The department is continuously making an effort for sentenced offenders to be provided not only with work but also the following daily activities:

  • Educational programmes;
  • Skills development programmes
  • Sports, recreation, arts and culture (SRAC)
  • Agriculture and;
  • Production workshops

17 October 2019 - NW831

Profile picture: Lorimer, Ms K

Lorimer, Ms K to ask the Minister of Justice and Correctional Services

What number of convictions have been secured for the (i) poaching of and (ii) illegal use of wildlife in each month since 1 September 2016, (b) what are the details of the convictions and (c) in which magisterial division was each conviction secured?

Reply:

a) (i) The National Prosecuting Authority (NPA) monitors and records prosecutions on

cases relating to the killing or attempted killing or injuring of a rhino in order to dehorn it, the possession, transportation, dealing in (trading) and importing or exporting of rhino horn without a legitimate permit. This also includes all incidents where the accused are found to be trespassing where rhinos are being kept whilst being in possession of any instrument capable of removing a horn, under circumstances where the only reasonable inference to be drawn is the death or injury of the rhino, in order to obtain its horn.

(ii) The NPA does not record statistics on illegal use of wildlife.

The table below contains information regarding the convictions over the specified period. A total of 199 convictions were secured from 210 verdict cases, representing a conviction rate of 94.8%. A total of 314 accused were convicted.

FINANCIAL YEAR

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

TOTAL VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

2016/17

26

1

27

96,3%

39

2017/18

95

7

102

93,1%

153

2018/19

62

3

65

95,4%

97

2019/20

16

0

16

100,0%

25

Grand Total

199

11

210

94,8%

314

b) More details of the 199 convictions are not readily available apart from the fact that 314 accused were involved in the 199 cases and convicted during this reporting period.

c) The convictions were obtained in the divisions set out below with the majority (101) being secured in the Mpumalanga Division.

DIVISION

RHINO CONVICTED CASES

RHINO ACQUITTED CASES

VERDICT CASES

CONVICTION RATE

CONVICTED ACCUSED

Eastern Cape Division

1

0

1

100,0%

3

Eastern Cape Division - Mthatha

0

0

0

0.0%

0

Free State Division

1

0

1

100,0%

1

Gauteng Division: Provincial

8

2

10

80,0%

14

Gauteng Local Division

22

2

24

91,7%

34

Kwa-Zulu Natal Division

17

2

19

89,5%

25

Limpopo Division

31

1

32

96,9%

49

Mpumalanga Division

101

0

101

100,0%

160

Northern Cape Division

1

1

2

50,0%

0

North West Division

14

3

17

82,4%

25

Western Cape Division

3

0

3

100,0%

3

Grand

199

11

210

94,8%

314

17 October 2019 - NW634

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Mente-Nqweniso, Ms NV to ask the Minister of Justice and Correctional Services

Whether a certain person (details furnished) is an employee of the department at Mqanduli Correctional Centre or Bizana Correctional Centre; if so, in each case, (a) has he received an employment letter, (b) was he promoted from general nurse to clinical nurse, (c) was his salary adjusted to reflect this promotion and (d) has he been receiving payslips?

Reply:

Yes the mentioned person is an employee of the department at Mqanduli Correctional Centre at Mthata Management Area.

a) Yes.

b) Yes.

c) Yes.

d) No.

17 October 2019 - NW948

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Lorimer, Ms K to ask the Minister of Justice and Correctional Services

(a) What number of vacancies currently exist at the Master of the High Court in Johannesburg, (b) which positions are vacant and (c) how long has each position been vacant; 2) whether the Master of the High Court uses a biometric system to clock working hours of the staff; if not, why not; if so, is the system operational; 3) what are the daily working hours of the staff of the Master of the High Court; 4) (a) what number of (i) files did the Master of the High Court lose in each of the past five years and since 1 January 2019 and (ii) dummy files are currently open and (b) why are all files not tracked manually and/or electronically; 5) What number of staff members of the Master of the High Court (a) faced disciplinary action for non-performance in each of the past five years and since 1 January 2019 and (b) have been dismissed as a consequence?

Reply:

1) (a) The number of vacant posts which exist in the office of the Master in Johannesburg is 3.

(b) The following positions are vacant: 1 x Librarian post; 1 x Estate Controller post and 1 x Senior Provisioning Administration Officer post.

(c) These positions have been vacant as follows:

Librarian post since 1 April 2019;

Estate Controller since 1 May 2019; and

Senior Provisioning Administration Officer since 1 May 2019. All 3 (three) posts have been advertised and are in the process of being filled.

2. The Master, Johannesburg had a biometric system in place to clock working hours, however the system has not been operational for the past 3 years due to the fact that when it was installed, it was running on the network and the office was advised by the Department’s IT division to remove it from the network system as it was affecting the network speed.

For the system to operate functionally, it is necessary to install a separate CPU. This is however costly and budget constraints do now allow for it in the current financial environment. The office has started the process of procuring a new system which will be able to carry the office capacity and it budget allows, it will be installed in the 2020/2021 financial year.

3. The daily working hours for the office of the Master of the High Court Johannesburg is 07h45 to 16h15. However, the office assists members of the public until 13h00 in order for the office to attend to processing clients who are still waiting to be attended to, and to allow the office to perform other administrative duties such as attending to new correspondence, filing, drawing of posts and the examination of liquidation and distribution accounts. These activities cannot be attended to during the day and during the time officials have to attend to the clients or members of the public.

However, no client is sent away if urgent assistance is needed after 13h00.

4. The Master of the High Court Johannesburg does not keep record of the number of files that have gone lost for the past five years, nor of the dummy files opened. Each section decides how best it can dispose of the matter when a file cannot be located for a period of not less than two weeks and depending on the urgency of the matter. However, ordinarily the office does not encourage the opening of dummy files unnecessarily. The manual system of tracking files in the office has proved to be inadequate and during the period 2010/2011, the office investigated the possibility of introducing an electronic system of tracking the files, but this was costly to implement. The office has once again embarked on keeping proper manual registers.

5. There is no official in the office of the Master of the High Court, Johannesburg which has (a) faced disciplinary action for non-performance in each of the past five years and since 01 January 2019 (b) nor is there anyone who has been dismissed as a consequence thereof.

17 October 2019 - NW1049

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Hendricks, Mr MGE to ask the Minister of Justice and Correctional Services

(1) what progress has been made to give effect to the Constitutional Court ruling which ordered an amendment to section 136 (1) of the Correctional Services Act, Act 111 of 1998, to allow a parole period for inmates to start from the day of the commission of a crime instead of the date of sentencing. (2)whether the amendment will meet the deadline given that there are only 18 months left to comply with the ruling of the court?

Reply:

1. A process to consider qualifying offenders for possible placement on parole in line with the Phaahla judgement was initiated in June 2019. Offenders who qualify are identified and prepared for consideration ensuring that their consideration date is advanced according to different categories of sentences.

The policy provides that all offenders are subjected to the necessary interventions and rehabilitation programmes in line with their Correctional Sentence Plan (CSP). Qualifying offenders will be considered when they become due for consideration for placement, as not all of them qualify immediately and at the same time.

2. It must be noted that the judgement does not state as indicated in paragraph (1) of the question, in fact the judgement says the parole regime applicable at the time of commissioning the offence shall be applicable to determine when an offender shall become eligible for the first time to be considered for placement on parole. The process of amending section 136 (1) of the Correctional Services Act of 111 of 1998 has been initiated and the department will do its utmost to comply with deadline.

17 October 2019 - NW746

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Gumbi, Mr HS to ask the Minister of Justice and Correctional Services

Whether his department hosted any event and/or function related to its 2019 Budget Vote debate; if so, (a) where was each event held, (b) what was the total cost of each event and (c) what is the name of each person who was invited to attend each event as a guest; (2) whether any gifts were distributed to guests attending any of the events; if so, (a) what are the relevant details of the gifts distributed and (b) who sponsored the gifts?

Reply:

The Department of of Justice and Constitutional Development (DoJ&CD) has informed me as follows:

1. The DoJ&CD did not host any event/function during its 2019 Budget Vote debate. However, it only arranged a holding area to accommodate guests who arrived before the tabling of the Budget Vote.

(a) The holding area was arranged within the Parliament Precinct (Palm Court, Marks Building Restaurant)

(b) The total cost of refreshments for the holding area was R4 400.00

(c) The guest list with names of invited stakeholders is attached as Annexure A, on this regards not all the guest on the list attended.

2. There were no gifts distributed to the guests.

3. The Department of Correctional Services did not host any event in relation to 2019 Budget Vote Debate.

15 October 2019 - NW445

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Mulder, Dr CP to ask the Minister of Justice and Correctional Services

What are the reasons that vocational training received by prisoners in the correctional system is not accredited by sector education and training authorities (seta);

Reply:

  1. The Department of Correctional Services offers access to Technical Vocational Education and Training (TVET) College Programmes in partnership with Department of Higher Education and Training (DHET), and receives funding from various Sector Education and Training Authorities (SETAs) , e.g. SASSETA and the National Skills Fund (NSF) to address training needs of offenders.

DCS is currently having the following accredited training centres for offenders in the following Regions:

ACCREDITED: OFFENDER TRAINING FACILITIES AND WORKPLACES

Region

Management Area/ Correctional Centre

Name of accredited Programme

Date of accreditation

Name of SETA

Gauteng

Gauteng

Boksburg Steel Workshop

Welding Application and Practice

15/01/2015

Manufacturing, Engineering and Related Services Sector Education and Training Authority (MERSETA)

 

Boksburg Wood Workshop

Furniture Making: Wood

15/01/2015

Fibre Processing & Manufacturing SETA

(FP&M SETA)

 

Kgoši Mampuru II

Welding Application and Practice

26/10/2016

MERSETA

   

Automotive Repair and Maintenance

15/01/2015

MERSETA

   

Furniture Making: Wood

11/04/2018

FP&M SETA

Free State/ Northern Cape

Tswelopele Motor Mechanic Workshop

Automotive Repair and Maintenance

10/12/2015

MERSETA

Kwa-Zulu Natal

Durban Westville Textile Workshop

Textile

05/05/2016

FP&M SETA

 

Pietermaritzburg

Welding Application and Practice

14/06/2017

MERSETA

(2) Yes, the Department is in the process of increasing the number of accredited offender training Centres.

(3) The decision to make a statement will be made by the Honourable Minister.

15 October 2019 - NW483

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Selfe, Mr J to ask the Minister of Justice and Correctional Services

(1) By what date will he introduce amending legislation to section 136(1) of the Correctional Services Act, Act 111 of 1998, as ordered by the Constitutional Court in its judgement in the case of Phaahla v. Minister of Justice and Correctional Services, CCT 44/18 [2019] ZACC 18 in Parliament; (2) Whether (a) he and/or (b) his department has considered the implications of the specified judgement; if not, in each case, why not; if so, what are the relevant details of his and the department’s findings in this regard?

Reply:

(1) A draft amendment of the section 136(1) of the Correctional Services Act 1998 (Act No. 111 of 1998) has been initiated. Thereafter, the due process of legislative amendment will be complied within the 24 months time-frame set by the Constitutional Court. A process to identify eligible offenders has also been initiated.

(2) (a) and (b)

Yes, the Department has considered the implications of the judgment. An action plan to implement the judgment has been developed. An audit of the implications on offenders affected by the judgement has been conducted and preliminary findings indicate that:

i) Minimum detention periods of lifers and offenders serving fixed sentences to be reviewed,

ii) Offenders who are eligible to benefit from the judgment should be subjected to relevant rehabilitation and correctional programmes and considered as and when they become due or reached their minimum detention period.

15 October 2019 - NW579

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Mulaudzi, Adv TE to ask the Minister of Justice and Correctional Services

(1) Has he been informed about the plight of the workers at SA Custodial Management and Kensani Corrections Management who were in a public private partnership with SA Custodial Services and the Department of Correctional Services (workers did not receive benefits between 2002-2006 and did not see their Workers Pension Contributions invested between 2001-2004 including monthly benefits owed to workers for the period of 2002-2015); if not, what steps will he take to ensure that the workers receive what they are owed; if so, what steps has he taken to ensure that the workers are fairly compensated; (2) Whether he will be conducting an investigation into the matter; if not, why not; if so, (3) Whether the culpable parties be criminally prosecuted; if not, why not; if so, what are the relevant details?

Reply:

1. Yes, the Department of Correctional Services is aware of labour related dispute between the Contractor and its employees.

The department signed a Public Private Partnership agreement with the Contractor South African Custodial Services (“the Contractor”) on 11 August 2000 to design, construct, operate, maintain and finance of a prison for 3024 bed spaces at Makhado (Louis Trichardt). The Contractor, South African Custodial Services commenced with operations on 16 February 2002 and the agreement will end on 15 February 2027.

In order to resolve the plight of the workers of SA Custodial Management and Kensani Corrections Management, a legal opinion was sought on 15 June 2015 from the departmental Legal Services. In brief, the legal opined that the remuneration of Contractor’s employees must be in line with the Concession Agreement entered into between the parties.

On 15 July 2015, the department further conducted an audit report on the remuneration and conditions of employment at the institution.

Amongst others, the recommendations of the audit report to the Contractor included:

  1. Development and approval of remuneration framework for all occupation categories;
  2. Use of correct translation keys into occupational specific dispensation; and
  3. Consistency in determining and paying remuneration.

2. As a result of failure by the Contractor to implement the recommendations of the audit report, the Union for Police, Security and Corrections Organisation on behalf of employees of the Contractor took the pension fund dispute to court. The notice of set down date is not yet confirmed.

3. Not applicable.

14 October 2019 - NW1156

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Lotriet, Prof A to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with reference to the reply to question 186 on 22 March 2019, the City of Ekurhuleni has now provided her department with the information; if not, what steps and/or action does she intend to take in order to ensure that the specified municipality provides the information?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1041

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Graham, Ms SJ to ask the Minister of Public Works and Infrastructure:

(1) Whether her department entered into a lease agreement with the SA Police Service (SAPS) for the occupation of Telkom Towers in Pretoria; if not, on what basis have the renovations been undertaken on behalf of the SAPS; if so, on what date was the lease agreement signed; (a) What was the annual lease amount agreed to for each year since the start of the renovations and/or signing of the lease and (b) what amount has the SAPS paid on the specified property for each year since the signing of the lease agreement and/or start of the renovations?

Reply:

The Minister of Public Works and Infrastructure:

  1. No lease agreement was entered into with SAPS for the occupation of Telkom Towers
  2. (a) In the absence of the lease agreement there is no specific amount.

(b) In order to respond to the immediate upgrade requirements for the Telkom Towers (North Building) and Annex buildings, the Development Bank of Southern Africa (DBSA) has been appointed as the implementation agency. The Department has informed me that the date for practical completion is anticipated to be in April 2020.

14 October 2019 - NW1057

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Hendricks, Mr MGE to ask the Minister of Employment and Labour

Whether he intends to review the labour legislation that provides for equal pay for equal work, especially the deeming provisions which give employers loopholes to discriminate on remuneration; if not, why not; if so, what are the relevant details?

Reply:

No, Honourable Member, there is no intention of reviewing the labour legislation that provides for equal pay for work of equal value. The rationale not to review is informed by the fact that the current provisions of equal pay for work of equal value in Sections 6(4) and 6(5) of the Employment Equity Amendment Act, 2013, read with the Employment Equity Regulations, 2014 already protect all employees against unfair discrimination in relation to pay and benefits.

In fact, all employers are prohibited to unfairly discriminate directly or indirectly on one or more of the prohibited grounds listed under Section 6(1) of the EEA against any employee in relation to terms of conditions of employment, inclusive of pay; between employees of the same employer performing the same work or substantially the same work or work of equal value.

These provisions protect the rights of all employees against unfair discrimination in pay and benefits irrespective of their employment status or work arrangements. Irrespective of whether an employee is temporary for a period of less than 3 months, or an employee works more than 3 months on a fixed term contract, the principle of equal pay for work of equal value must be applied fairly without any prejudice or unfair discrimination.

It is important to highlight that all disputes of equal pay for work of equal value must be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) or to the Labour Court in terms of Section 10 of the Employment Equity Act.

14 October 2019 - NW1047

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Faber, Mr WF to ask the The Minister of Public Works and Infrastructure

(1)What was the total cost incurred by the Government for each of the three parliamentary villages during the (a) Fourth and (b) Fifth Parliaments in terms of (i) bus transport, (ii) water and electricity, rates and taxes, (iii) village management, (iv) construction of new buildings, (v) maintenance of buildings, (vi) purchasing of new furniture and appliances, (vii) cost of employing the staff of her department to run the villages and (viii) any other expenses; (2) Whether she has considered the option of providing each Member of Parliament with a housing allowance instead of accommodation; if not, what is the position in this regard; if so, what are the relevant details? NW2201E

Reply:

The Minister of Public Works and Infrastructure:

(1)

(a) Fourth Parliament

(b) Fifth Parliament

(i) The total cost incurred by government for all three parliamentary villages during the Fourth Parliament, in terms of transport, is R38 570 345.

(i) The total cost incurred by government for all three parliamentary villages during the Fifth Parliament, in terms of transport, is R35 997 143.

(ii)The total cost in terms of the Municipal Services and Rates of the three parliamentary villages during the Fourth Parliament amounts, as follows:

Laboria Park R7 875 171.81

Pelican Park R6 470 925.33

Acacia Park R12 836 995.19

(ii)The total cost in terms of the Municipal Services and Rates of the three parliamentary villages during the Fifth Parliament amounts, as follows:

Laboria Park R12 185 225.49

Pelican Park R22 328 442.08

Acacia Park R50 959 085.40

(iii) The parliamentary villages are managed by the Department of Public Works and Infrastructure through officials who are employed fulltime and render the required services – the cost relating to the employment of the said officials during the Fourth Parliament amounted to R8 053 472.75.

(iii) The parliamentary villages are managed by the Department of Public Works and Infrastructure through officials who are employed fulltime and render the required services – the cost relating to the employment of the said officials during the Fifth Parliament amounted R13 102 467.25.

(iv) None

(iv) The total cost incurred to construct the new access buildings at the three parliamentary villages amounted to R35 550 947.07

(v) The total cost in terms of the maintenance of the three parliamentary villages amounted to R300 000 000.00

(v) The total cost in terms of the maintenance of the three parliamentary villages during the Fifth Parliament amounts, as follows:

Acacia Park      R113,718,148.37

Laboria Park     R21,119,084.70

Pelican Park     R27,617,264.60

(vi) R6 422 237.00

(vi) R30 981 445.00.

(vii) Refer to (iii) above.

(vii) Refer to (iii) above.

(viii) No other expenses.

(viii) No other expenses.

(2) The responsibility of the Department of Public Works and Infrastructure is to provide accommodation to Government Departments and Members of Parliament, amongst others, in terms of its mandate. Any request for allowances to public office bearers must be made to the Independent Commission for Remuneration of Public Office Bearers.

14 October 2019 - NW1154

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Waters, Mr M to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with reference to her reply to question 130 on 5 July 2019, the City of Ekurhuleni has now provided her department with the information; if not, what steps and/or action does she intend to take in order to ensure that the specified municipality provides the information?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1153

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Waters, Mr M to ask the Minister of Cooperative Governance and Traditional Affairs

With regard to her reply to question 129 on 5 July 2019, the City of Ekurhuleni has now provided the information; if not, what steps does she intend taking to ensure the City of Ekurhuleni provides the information?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1054

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Powell, Ms EL to ask the Minister of Cooperative Governance and Traditional Affairs

Whether she will furnish Ms E L Powell with copies of the Service Delivery and Budget Implementation Plan of the Ekurhuleni Metropolitan Municipality for the current municipal financial year; if not, why not; if so, what are the relevant details?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1139

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Clarke, Ms M to ask the Minister of Cooperative Governance and Traditional Affairs

(1) Whether the City of Ekurhuleni conducted any investigations relating to the alleged wasteful expenditure incurred in relocating persons from the Angelo informal settlement in 2018; if not, why not; if so, what (a) are the relevant details, (b) are the details of the outcomes of the investigation and (c) disciplinary steps have been taken in this regard; (2) Whether the City of Ekurhuleni still intends to relocate the Angelo informal settlement; if not, what is the position in this regard; if so, (a) what steps has the City of Ekurhuleni taken to relocate persons from the Angelo informal settlement, (b) what total cost (i) was incurred to employ the Red Ants to guard the site and (ii) did the City of Ekurhuleni incur for the construction of each resettlement housing unit, (c) by what date will the relocation be finalized and (d) what are the details of the public participation processes that have taken place?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1136

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Cardo, Dr MJ to ask the Minister of Employment and Labour

With reference to his statements following the release of the 19th Commission for Employment Equity annual report, what punitive measures does the Government intend taking against employers who do not meet employment equity targets?

Reply:

It is important to highlight that in order to expedite the pace of transformation and address non-compliance with the requirements of the Employment Equity Act (EEA), there are proposed amendments in the EE Amendment Bill, 2019, which include progressive measures that will be undertaken by Government to address non-compliance. The EE Amendment Bill will be tabled in Parliament for deliberation probably before the end of this year.

Noteworthy is that, the primary objectives of these amendments are two-fold:

(i) to empower myself as the Minister of Employment and Labour to regulate sector specific numerical EE targets, which must be complied with in order to accelerate transformation in various economic sectors because the current self-regulated EE targets did not yield positive results over the 21 years of the EEA; and

(ii) to enable the promulgation of Section 53 of the EEA that deals with the issuing of an EE Certificate of Compliance as a prerequisite for accessing State Contracts and to do business with the State.

This is a punitive measure to all those organisations that are non-compliant to stop them from continuing to reap financial benefits in doing business with the State.

Noteworthy is that, even those non-compliant organisations that do not necessary depend on State Contracts for their business, will still have to face consequences by being referred to the Labour Court for a penalty to be levied against them as per Schedule 1 of the EEA.

14 October 2019 - NW1155

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Lotriet, Prof A to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with reference to her reply to question 131 on 5 July 2019, the City of Ekurhuleni has now provided her department with the information; if not, what steps and/or action does she intend to take in order to ensure that the specified municipality provides the information?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1039

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Kopane, Ms SP to ask the Minister of Public Works and Infrastructure:

(1) Whether the Engineering Council of South Africa (ECSA) has been held accountable for its alleged failure to regulate the practice of registered engineers and technologists who have contributed to (a) the ordering of trains that are too tall by the Passenger Rail Agency of South Africa, (b) various bridge collapses, including the bridge on the M1 highway in Johannesburg, (c) the collapse of the roof of the Tongaat Mall and (d) the delay in the completion of Eskom’s Medupi and Kusile power stations that are running 10 years behind schedule; if not, in each case, what is the position in this regard; if so, in each case, what (i) steps have been taken and (ii) are the further relevant details in this regard; (2) Whether she has found that the ECSA’s practice of assessing the registration applications of prospective applicants based on a professional review conducted by peers is fair, ethical and transparent; if not, what is the position in this regard; if so, has she found that this practice has been used to gatekeep the applications of certain applicants; (3) Why is a peer review required before a prospective applicant is registered with the ECSA, unlike many other professional bodies where registration is subject to the obtainment of a professional qualification?

Reply:

The Minister of Public Works and Infrastructure

(1) ECSA has informed me that it is committed to fulfil its mandate to efficiently regulate the conduct of registered persons and the engineering profession to ensure public safety. The Council for the Built Environment (CBE) has the statutory mandate to ensure consistent application of policy by the councils for the built environment professions (CBEP) with regard to, among other things, handling of matters for investigation of matters by the professional councils.

(a) With regard to the ordering of trains that are too tall by the Passenger Rail Agency of South Africa (PRASA), ECSA informed me that it did not conduct an investigation into the matter as it has not been referred to ECSA for investigation and also it is not yet confirmed if this matter falls within ECSA’s mandate.

(b) With regard to the collapse of the bridge on the M1 highway in Gauteng, ECSA informed me as Minister that it conducted a preliminary investigation, but currently ECSA is awaiting the outcome of the official investigation conducted by the Department of Employment and Labour before finalising its investigation.

(c) With regard to the collapse of the Tongaat Mall, ECSA informed me that it conducted a preliminary investigation, but currently ECSA is awaiting the outcome of the official investigation conducted by the Department of Employment and Labour before finalising its investigation.

(d) With regard to the delay in the completion of Eskom’s Medupi and Kusile power stations that are running 10 years behind schedule, ECSA informed me that this matter has not been referred to ECSA for investigation and it is uncertain if this falls under the mandate of ECSA.

(2) ECSA informed me that the process which it currently follows in assessing applications of prospective applicants is based on Council approved policies and standards which are substantially equivalent to policies and standards applied across the globe by countries that are members of the International Engineering Alliance (IEA). The periodic reviews of ECSA by IEA have revealed that ECSA’s systems and processes are fair, ethical and transparent. Above all the policies, standards and processes are the outcomes of the industry consultation process through established structures such as Working Groups overseen by Council Committees, which are composed of industry stakeholders and experts. ECSA has introduced and is currently applying a registration model that makes it improbable for gatekeeping to creep in, as assessments are conducted by assessors who operate independently and who do not have to have access and even know which other assessors have been allocated applications to assess against the approved 11 competency outcomes. The assessment process is multi-layered and applicants are also given the opportunity to appeal should they feel that their applications were dealt with unfairly.

(3) Peer review has been determined by the engineering profession/community both locally through industry stakeholder consultation processes and internationally through different countries forming part of the IEA Competency Agreements, as the best mechanism for the determination of engineering competencies. This is based on the premise that it is only qualified, experienced engineers and Communities of Engineering Expert Practitioners that are best suited to understand competency requirements for engineers within the parameters of the Council approved registration policies. The fact that South African engineering qualifications are seen as been on par with world standards is a testament that the Peer Review mechanism, among other things, is the best way to conduct the engineering competency assessments.

14 October 2019 - NW1112

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Hoosen, Mr MH to ask the Minister of Cooperative Governance and Traditional Affairs

(1) Whether, with reference to her reply to question 818 on 16 September 2019, she has been informed and/or briefed about the existence of several so-called ghost participants on the database of the community work programme; if so, (2) Whether the extent of the problem has been quantified; if not, what is the position in this regard; if so, what steps are being taken to (a) identify the total number of ghost participants and (b) recover lost funds?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1121

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Marais, Mr S to ask the Minister of Defence and Military Veterans

With reference to her reply to question 950 on 8 October 2019 and in view of the fact that the normal retirement age of members of the SA National Defence Force (SANDF) is 60 years, (a) why has a certain person (name and details furnished) not gone on retirement and vacated the position, (b) is the specified person a full time member of the SANDF or acts as a reserve force member, (c) on what date will the specified person retire and (d) what is the (i) process and (ii) timelines for the appointment of a replacement commander?

Reply:

(a) Section 11 of the Defence Act, 2002 (Act No 42 of 2002), read with section 52(1) of the Act, makes provision for a uniformed member of the South African National Defence Force (SANDF) to serve in the regular force after reaching the statutory retirement age of 60 years for a period up to the age of 65 years on a contract. On 1 June 2016, the President extended the term of service of General Shoke for a period of 5 years.

(b) A regular force member.

(c) 31 May 2021

(d) Section 202(1) of the Constitution provides as follows: “The President as head of the national executive is Commander-in-Chief of the defence force, and must appoint the Military Command of the defence force”. Section 13(1) of the Defence Act, 2002 (Act No 42 of 2002), provides that the President must appoint the Chief of the South African National Defence Force (CSANDF).

14 October 2019 - NW1161

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Abrahams, Ms ALA to ask the Minister of Cooperative Governance and Traditional Affairs

Whether her department incurred any costs related to the (a) inauguration of the President of the Republic, Mr M C Ramaphosa, held in Pretoria on 25 May 2019 and (b) State of the Nation Address held in Cape Town on 20 June 2019; if so, in each case, (i) what costs were incurred and (ii) for what reason?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1115

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Ismail, Ms H to ask the Minister of Cooperative Governance and Traditional Affairs

(1)What (a) number of persons are on the waiting list for housing in the City of Ekurhuleni, (b) is the average waiting time for the allocation of housing after an application has been received and (c) is the extent of the housing backlog in the City of Ekurhuleni; (2) What number of housing units did the City of Ekurhuleni (a) build and (b) allocate to beneficiaries (i) in each of the past five financial years and (ii) since 1 April 2019?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1048

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Faber, Mr WF to ask the Minister of Public Works and Infrastructure:

(1) What is the total square meterage of the Acacia Park parliamentary village; (2) Whether her department intends transferring the village to the City of Cape Town for housing development purposes since it already has an operating school, pre-school and sport and recreation facilities; if not, what is the position in this regard; if so, what are the relevant details?NW2202E

Reply:

The Minister of Public Works and Infrastructure:

  1. The total square meterage of the Acacia Park Parliamentary Village is 28,2853 hectares.
  2. Acacia Park is currently used by members of Parliament and Sessional officials.

14 October 2019 - NW1157

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Lotriet, Prof A to ask the Minister of Cooperative Governance and Traditional Affairs

Whether, with reference to the reply of the former Minister to question 185 on 25 March 2019, the City of Ekurhuleni has now provided the requested information; if not, what steps does she intend to take to ensure that the City of Ekurhuleni provides the requested information?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1108

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Powell, Ms EL to ask the Minister of Cooperative Governance and Traditional Affairs

(1) What (a) is the current status of the Alliance Extension 9 housing development on erf 72-IR in Modderfontein in the Ekurhuleni Metropolitan Municipality, (b) are the reasons for the delays in the completion of the housing development, (c) remedial action has been taken to resolve the delays and (d) is the envisaged date of completion of the specified housing development; (2) What amount has the municipality spent on the installation of basic infrastructure on the specified erf to date; (3) What (a) is the name of each contractor and (b) amounts were paid to each contractor who was awarded a tender to work on the housing development; (4) Whether the beneficiary list for the specified housing development has been finalised; if not, by what date will it be finalised; if so, by what date is it envisaged that the beneficiaries will take up occupation of the new houses?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1140

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Clarke, Ms M to ask the Minister of Cooperative Governance and Traditional Affairs

Whether the City of Ekurhuleni launched any investigations into the alleged discrepancies between the purchase prices of the land parcel to which the Angelo informal settlement is to be relocated to, which was allegedly purchased for R112 074 by a certain company (name furnished) and then sold to the City on the same day for R12,1 million; if not, why not; if so, what (a) was the outcome of the investigation, (b) steps have been taken to deal with the alleged corrupt deal and (c) are the further relevant details?

Reply:

The information requested by the Honourable Member is not readily available in the Department. The information will be submitted to the Honourable Member as soon as it is available

Thank you

14 October 2019 - NW1046

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Faber, Mr WF to ask the Minister of Public Works and Infrastructure:

(1) What number of (a) Members of Parliament, (b) sessional staff, (c) staff employed by her department and (d) any other persons were accommodated in (i) Acacia Park, (ii) Laboria Park and (iii) Pelican Park during the (aa) Fourth Parliament and (bb) Fifth Parliament; (2) What number of housing units, apartment and facility buildings does each of the specified villages comprise?

Reply:

The Minister of Public Works and Infrastructure:

  1. (aa) (i) (a) 218 Members of Parliament.

(b) 274 Sessional Officials.

(c) 2 Departmental Officials were performing standby duties.

(d) 4 Assistants to Members of Parliament with disabilities.

  1. (ii) (a) 56 Members of Parliament.

(b) 6 Sessional Officials.

(c) 2 Departmental Officials were performing standby duties.

(d) None.

(aa) (iii) (a) 69 Members of Parliament.

(b) 35 Sessional Officials.

(c) 2 Departmental officials performing standby duties.

(d) None.

(bb) (i) (a) 226 Members of Parliament.

(b) 259 Sessional Officials.

(c) 1 Departmental Officials performing standby duties

(d) 4 Assistants to Members of Parliament with disabilities and 2 Parliament Staff.

  1. (ii) (a) 56 Members of Parliament.

(b) 6 Sessional Officials.

(c) 2 Departmental Official performing standby duties.

(d) None.

(bb) (iii) (a) 71 Members of Parliament.

(b) 35 Sessional Officials.

(c) 1 Departmental Official was performing standby duties.

(d) None.

(i) Acacia Park:

Has 337 housing units, 155 apartments and facility buildings comprising a primary school, crèche, soccer/rugby field, 3 recreational halls, tennis court, swimming pool and a gym facility.

(ii) Laboria Park:

Has 64 housing units and facility buildings comprising a recreational hall with a gym facility, tennis court and swimming pool.

(iii) Pelican Park:

Has 107 housing units and facility building comprising a recreational hall with a gym facility, tennis court and swimming pool.