Questions and Replies

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22 October 2018 - NW2809

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

With reference to his reply to question 1040 on 4 May 2018 pertaining to the Rail Safety Regulator Level Crossing Technical Committees, (a) when was the specified committee established, (b) what were the reasons for the delays in establishing this Committee, (c) what provincial restructuring was taking place that delayed the establishment of the Committee, (d) who sits on the committee and (e) how were they elected in each case?

Reply:

a) The Committee has not been established.

b) The RSR has been invited to become a member of the Free State Provincial Transport Planning Forum, which is currently being established. This Forum focuses on transport related issues. Issues pertaining to level crossing can be addressed at this Forum.

c) Delays were because of the provincial department restructuring where officials were moved between sections.

d) The members of the Forum comprise of representatives from the Free State Department of Police, Roads and Transport, transport related SOE’s and municipalities

e) Members are elected by their respective organisations.

25 September 2018 - NW2716

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Transport

What number of mini-bus taxis are (a) currently operating on the country’s roads and (b) in each province?

Reply:

a) Currently operating on the country’s roads

In terms of approved operating licenses on our systems there are approximately 130, 996 mini-bus taxis:

b) In each Province:

The breakdown of mini-bus taxis operating in each province is as follows:

Province Name

Number of mini-bus taxis in each Province

1. Gauteng

31519

2. Western Cape

14012

3. KwaZulu-Natal

27778

4. Limpopo

10970

5. Mpumalanga

15175

6. Eastern Cape

12011

7. Free State

7992

8. North West

9709

9. Northern Cape

1830

TOTAL

130,996

25 September 2018 - NW2674

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Transport

With reference to summonses issued by the SA National Road Agency Limited (SANRAL) for outstanding e-toll fees in the past three financial years to date,(a)(i) who are the issuing attorneys for High Court matters and (ii) what is their location, (b)(i) who are the issuing attorneys for magistrates courts matters and (ii) what is their location, (c) how were the attorneys selected in each case, (d) what tender process was followed in each case and (e) what payment arrangements were reached between SANRAL and the issuing attorneys?

Reply:

a) (i) The issuing attorneys for High Court matters are Morris Fuller Williams Attorneys;

(ii) Morris Fuller Williams Attorneys are in Westville, Durban;

b) (i) The issuing attorneys for High Court matters are Morris Fuller Williams Attorneys;

(ii) Morris Fuller Williams Attorneys are in Westville, Durban;

c) The attorneys are selected by Electronic Toll Collection (Proprietary) Limited (ETC), the toll operator, for debt collection and the issuing of summonses, in relation to outstanding e-toll fees. According to ETC, MFW were selected in terms of their capacity, experience, rates and network of corresponding attorneys located all over the country.

d) The SANRAL tender that was advertised in relation to the design, build and operation of the toll system for the GFIP toll roads, included these functions/duties as part of the scope of the works to be performed by the successful service provider. ETC is the appointed service provider.

(e) SANRAL does not appoint the issuing attorneys, by that set forth above. Payment arrangements in respect of the issuing attorneys are part of the contractual terms between ETC and MFW.

25 September 2018 - NW2673

Profile picture: Bergman, Mr D

Bergman, Mr D to ask the Minister of Transport

(1)With regard to summons issued by the SA National Roads Agency Limited for outstanding e-toll fees (a) in the past three financial years and (b) since 1 January 2018, what number of summonses were (i) issued, (ii) served at the courts and (iii) served on defendants in each month; (2) (a) what number of the issued summonses were not served on a defendant in each month, but were attempts of service by the sheriff, (b) what were the main reasons for non-service of summonses, (c) what number of the served summonses were defended in each month and paid for or for which payment arrangements were made after receiving a summons and (d) what was the total amount (i) collected per month through this legal process and (ii) for legal fees and expenses paid to get the summonses issued and served?

Reply:

Status

(a)

 

2015/16

2016/17

2017/18

Summons Issued

331

4 323

6 626

Summons Served at Court

331

3 597

5 869

Summons Served on Defendants

112

384

1 881

Defended Matters

108

115

582

Return of Non-Service

65

650

  1. 325

(b) Issued since 1 January 2018 month on month

Status

Jan-18

Feb-18

Mar-18

Apr-18

May-18

Jun-18

Jul-18

Aug-18

(i)

Summons Issued

814

214

840

99

52

19

1 200

2 855

(ii)

Summons Served at Court

1 035

879

660

472

237

83

116

1 104

(iii)

Summons Served on Defendants

412

345

324

362

306

334

202

143

  1. (a)

Defended Matters

131

116

106

140

130

106

97

42

Return of Non-Service

303

250

150

216

173

153

89

91

(2) (b) What were the main reasons for non-service of summonses

  • Address insufficient
  • Debtor unknown at given address
  • Debtor left given address
  • Premises Locked

(c) (i) above.    

(b) (i) collected per month through this legal process

 

2016

2017

2018

Jan

R236 905

R76 996

R69 060

Feb

R82 871

R77 665

R127 963

Mar

R1 212 475

R17 177

R593 658

Apr

R2 702 325

R2 842

R89 738

May

R1 968 279

R15 266

R456 480

Jun

R287 597

R14 467

R236 623

Jul

R234 872

R2 756

R77 384

Aug

R189 849

R800

R798 425

Sep

R297 390

R1 000

 

Oct

R115 319

R881

 

Nov

R171 901

R72 288

 

(b) The Contractor (ETC) incurred R4,6m on legal fees to date.

25 September 2018 - NW2671

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

With reference to his reply to question 1040 on 4 May 2018, (a) on what date was the committee established, (b) who are the members of the committee, (c) who elected the members, (d) what number of meetings have been held to date and (e) on which date were these meetings held?

Reply:

a) The Committee is not yet established.

b) Refer to (a)

c) Refer to (a)

d) Refer to (a)

e) Refer to (a)

25 September 2018 - NW2615

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(a) What are the details of incidents of taxi violence that have been recorded (i) in each province, (ii) in each month in the past three financial years and (iii) since 1 January 2018, (b) for how long did each incident continue in each instance, (c) what were the reasons for each incident, (d) how were the incidents resolved in each case and (e) what is being done to reduce such incidents in future?

Reply:

a) Taxi conflicts and violence are handled by provinces because they are largely inter or intra provincial. Therefore, the information required is not readily available with the Department and has been requested from provinces since they are responsible for the coordination of land transport functions. The Department will, as soon as it receives these reports from provinces, submit a consolidated national response.

(i) to (iii) See a) above

b) See a) above

c) See a) above

d) See a) above

e) See a) above

25 September 2018 - NW2614

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to his reply to question 457 on 8 March 2018, what (a) summary reports can be supplied by each province and (b) are the details of each report?

Reply:

a) Summary reports for each region indicating the number of maintenance events per region per sub-area of the asset for electrical, Perway (track) and Signal infrastructure.

b) Detail of the report: (planned = preventative maintenance jobs scheduled)

Perway / Track:

 

Electrical:

SIGNALS:

In Gauteng addressing faults occurring in the signal system has priority over planned maintenance.

25 September 2018 - NW2541

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) What tenders have been (i) issued and (ii) awarded by SA National Roads Agency SOC Ltd in the past three financial years, (b) what were the reasons for the delay in awarding tenders in each instance, (c) to whom were they awarded, (d) what criteria was used to determine the winner of the tender in each case, (e) what was the value of the awarded tender in each case and (f) on what date did each tender (i) commence and (ii) conclude in each instance?

Reply:

The spreadsheet of information is attached with 3 tabs denoting the tender awards for different financial period.

25 September 2018 - NW2543

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) How is his department or any of the entities reporting to him involved in the elections of the leadership of the SA National Taxi Council (SANTACO), (b) what reports have been provided to him and his department in this regard in the past three financial years, (c) what are the main achievements of SANTACO in the past three financial years and (d) how did his department or any of the entities reporting to him benefit from this?

Reply:

(a) How is his department or any of the entities reporting to him involved in the elections of the leadership of the SA National Taxi Council (SANTACO)?

Although government was involved in the establishment of SANTACO, the Department does not get involved in the election of its leadership. As a Section 21 company SANTACO is entitled to elect its own leadership independent from government.

(b) What reports have been provided to him and his department in this regard in the past three financial years?

Regarding the general administration of SANTACO, government committed to funding the organization to support the formalization of the taxi industry. In this regard, SANTACO submits a Business Plan at the beginning of each financial year and based on that, a Service Level Agreement is then entered between SANTACO and the Department to:

(i) Set milestones whereby funds are transferred upon achievement thereof; and

(ii) Require that reporting for expenditure monthly be in place and also that SANTACO provides audited financial statements in order to release funds for any new financial year.

(c) What are the main achievements of SANTACO in the past three financial years?

The rollout of the Hlokomela Programme/Campaign in all nine provinces has been a positive step in the right direction. The programme is aimed at reducing road accidents through checking and monitoring taxi vehicles, monitoring driver behavior and conditions as well as ensuring commuter wellness and safety. This is an ongoing programme by SANTACO to try and change the face of the taxi industry for the better.

(d) How did his Department or any of the entities reporting to him benefit from this?

Although progress has generally been slow, the biggest benefit for the Department, is the ability to engage with a formalized structure regarding any taxi related issues and allow the Department to utilize this platform for engagement with the industry at large.

20 September 2018 - NW2540

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to his reply to question 458 on 8 March 2018, (a) who are the members of the respective Railway Safety Regulator Level Crossing Technical Committees in each province, (b) how were the members selected, (c) what criteria was used to select the members, (d) who selected the committee members in each case and (e) what is being done to ensure that all committees are functional going forward?

Reply:

a) Kindly refer to the attached Annexure A for a list of members of the Level Crossing Technical Committees in each province.

b) Invitation letters were sent to provincial Heads of Departments, requesting their departments’ participation in the level crossing committees. The letters further requested the HOD’s to nominate suitable personnel to attend the meetings. Refer to Annexure B

c) Refer to (b)

d) Depending on the agenda items for each committee, the committee would often identify more stakeholders to be invited to future committee meetings based on their role. An example of this would be identifying and inviting representatives from the Traffic Police, which would then assist with law enforcement pertaining to motorists and pedestrians when crossing a level crossing.

e) The organisation is currently in the process of resuscitating the committees across the country, with regions spear-heading the process. Gauteng had its first meeting for 2018 on 31 August. The meetings will be held quarterly.

20 September 2018 - NW2675

Profile picture: Bagraim, Mr M

Bagraim, Mr M to ask the Minister of Transport

With regard to the Transgression Notices issued by the Railway Safety Regulator on the Passenger Rail Agency of South Africa, what (a) is the total number of Transgression Notices that have been issued in each month in the past three financial years, (b) is the total number of Transgression Notices that have been appealed in each month, (c) was the reason for appeal in each case, (d) was the outcome of each appeal and (e) were the costs of each appeal case?

Reply:

CONTRAVENTION NOTICES and PENALTIES ISSUED TO PRASA IN THE PAST THREE FINANCIAL YEARS (2015 – 2017)

NO.

Year

No. of contravention notices issued

Appealed by PRASA

Reason for appeal

Outcome of appeal

Costs

General Comment

1.

2015

1 X Failure to comply with the Improvement Directive – Signalling Contravention

Yes

Dispute the alleged contravention – noncompliance to a directive

Penalty was suspended subject to conditions i.e corrective action plan

N/A

 

2.

2017

1 x Failure to comply with the Prohibition Directive- Abnormal working conditions contravention

Yes

Dispute the alleged contravention – noncompliance to a directive

Penalty imposed

R5 Million

 

NO.

Year

No. of contravention notices issued

Appealed by PRASA

Reason for appeal

Outcome of appeal

Costs

General Comment

3.

2018

1 X Operating without a safety permit

Yes

Dispute the alleged contravention notice – on the basis that PRASA requested an extension

Pending – matter still to be set down for a dispute hearing.

None at this stage

 

20 September 2018 - NW2542

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) What tenders have been (i) issued and (ii) awarded by the Airports Company of South Africa in the past three financial years, (b) what are the reasons for the delay in awarding tenders in each instance, (c) to whom were the tenders awarded in each case, (d) why was the tender awarded to the successful bidder in each case, (e) what was the value of the tender that was awarded in each case and (f) when did each tender (i) commence and (ii) conclude?

Reply:

(a) (c) and (e) Answer – please refer to the attached listing

(b) and (d) Answer - The ACSA organisation, as a schedule 2 has adopted the PFMA and PPPFA regulation as a means of executing its procurement administration. These regulatory prescripts are in place to ensure that the procurement process is fair, equitable, transparent, competitive and cost effective.

Further the PPPPFA sets out the standards, including the evaluation process to be employed in the evaluation and the selection of the most suitable service provider whilst ensuring that the 5 pillars as set out in section 217A of the act are upheld. The evaluation criteria are defined by a team of subject matter experts.

ACSA has employed a three-bid committee system. These independent committees are assembled to ensure that the procurement process in the evaluation, recommendation and the final award is fair, transparent, competitive, equitable and cost effective. The evaluation criteria by its nature are set to determine a match against the set requirements, thus ensuring that the award to make to a supplier has the capacity and capability to undertake the contract of a defined magnitude. This holistic capacity and capability assessment is not only focused on the technical aspects, it also has a strong focus on the financial strength, legal standing, and many other aspects that are deemed necessary on a tender by tender basis.

Further to the above, ACSA has a performance management system in place. This system ensures a continuous evaluation of the performance of the service provider through the life span of the contract.

The process is administered by the SCM department with participation of nominated end users, with timelines defined per tender.

20 September 2018 - NW2487

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to the reply to question 673 on 23 April 2018 regarding already built infrastructure to date, (a) what infrastructure has already been built, (b) by what date was each completed in each instance, (c) what were the set completion dates against planned dates, (d) what monitoring mechanisms took place in each instance and (e) what (i) did each monitoring report indicate in respect of each location and (ii) were the deficiencies identified?

Reply:

(a) what infrastructure has already been built, (b) by what date was each completed in each instance, (c) what were the set completion dates against planned dates, (d) what monitoring mechanisms took place in each instance and (e) what (i) did each monitoring report indicate in respect of each location and (ii) were the deficiencies identified?

Plans/

Programme

Region

a)

Key Milestones

c)

Projected Completion Date

b)

Completion date

d)

Monitoring Mechanism Applied

e) i)

Results of monitoring report

e) ii)

Deficiencies identified

Re-Signalling Programme

KwaZulu/Natal (KZN)

 

07 Dec 2021

       
   

Phase 1: Pinetown line

Phase 1B - 15 Sept 2018

Phase 1A – 17 Dec 2017

Project Progress meetings;

December 2017 - commissioned

 
 

Western Cape (WC)

 

30 Jan 2020

       
   

Phase 1.2: Wynberg – Simonstown, Crawford – Diep River

30 Apr 2018

30 Apr 2018

Project Progress Meeting; Monthly report;

April 2018 commissioned except Simonstown that is delayed to Sep 2018

Theft and Vandalism is largely destabilizing the implementation

   

Phase 1.3: Salt River - Kenilworth

18 Mar 2018

2 Jul 2018

Project Progress Meeting; Monthly report;

July 2018 commissioned

Illegal encroachment into the Rail reserve. Security challenges prohibited to work on the central lines.

 

Gauteng

 

28 Feb 2021

       
   

Gauteng Nerve Centre (GNC)

22 May 2015

30 Nov 2015

Project Progress meetings;

Commissioned

 
   

Phase 1: Midway – Residentia

15 May 2015

31 Mar 2016

Project Progress Meeting; Monthly report

Commissioned

 
   

Phase 2: Kaalfontein – Leralla, Olifantsfontein – Irene

03 Dec 2015

28 Nov 2016

Project Progress meetings;

Commissioned

 
   

Phase 3: Randfontein – Roodepoort

05 Mar 2016

15 May 2017

Project Progress Meeting; Monthly report

Commissioned

 
   

Phase 4: Boksburg East – Springs, Daveyton – Alliance

11 May 2016

15 Dec 2017

Project Progress Meeting; Monthly report

Commissioned

 
   

Phase 5: George Goch – Geldenhuys, Benrose – Kaserne West, Booysens – Crown

3 Apr 2018

26 Jan 2018

Project Progress Meeting; Monthly report

BOY – CRN:

09 Dec 2018

Remainder January 2018 commissioned

 

Depot Modernisation

Wolmerton

Gauteng North

Phase 1 complete

Phase 2 in testing & commissioning scheduled for completion by end March 2018

31 Mar 2018

30 Jun 2018

Project Progress Meeting

Practical Completion certificate issued

Holistic planning for depot cannot be achieved if done in parts. Holistic plan for entire depot’s services will be done in Phase 3 Turnkey project.

20 September 2018 - NW2428

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

Whether, with reference to the reply to question 949 on 9 April 2018, the report has been received yet; if not, what deadline has been set for the receipt of the report; if so, (a) when was the report received, (b) what are the (i) contents and (ii) recommendations of the report and (c) what action does he intend taking in this regard?

Reply:

Pursuant to the discussion between the Minister and the ACSA Board, it was agreed that the report be considered by the Board prior to submitting the report to the Minister, however, most of the Board members resigned prior to the consideration of the report by the Board. The report will be considered by the newly appointed Board.

a) The report has not been submitted.

b) Refer to (a) above.

(i) Refer to (a) above.

(ii) Refer to (a) above.

c) Refer to (a) above.

20 September 2018 - NW2201

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Madisha, Mr WM to ask the Minister of Transport

Whether he has launched any form of enquiry into the allegations that contracts were illegally awarded to certain politically connected persons (names and details furnished) for road maintenance, grass cutting and other services in the Government’s development programme to uplift emerging business people in the Free State; if not, why not; if so, what are the relevant details?

Reply:

The National Department of Transport has not received allegations regarding involvement of politically connected persons who were awarded contracts for road maintenance programme in the Free State Department of Police, Roads and Transport.

It is for that reason that no form of enquiry has been launched to this effect.

We would encourage the Honourable Member to give us information and relevant details, so that allegations can be investigated with immediate effect.

13 September 2018 - NW2558

Profile picture: Vos, Mr J

Vos, Mr J to ask the Minister of Transport

(1)What progress has been made regarding the ratification with other African countries of the Yamoussoukro Decision regarding the Open Skies for Africa policy; (2) what is the Government’s position on the specified decision; (3) in what manner have the delays in implementing the decision affected the air services market in South Africa, with regard to packaging the Southern African Development Community region amongst international arrivals?

Reply:

1. Yamoussoukro Decision is not a treaty to be ratified but an African Civil Aviation Policy for the integration and the establishment of a Single African Air Transport Market to enhance African Intra-Trade and Tourism. In terms of Section 35 of the International Air Services Act 60 of 1993, the Minister may, exercise the delegated authority by the State President to enter into any air transport services agreement with the government or other appropriate authority of another State or Territory regarding the control over and regulation of any class or type of International air services operated or to be operated between the Republic and that State or Territory. In the absence of a continental multilateral institutions to fully regularise air transport, South Africa has concluded thirty-eight (38) Bilateral Air Services Agreements (BASA’s) with willing and able states in line with the principle of Yamoussoukro Decision (YD) awaiting the institutionalisation of a multilateral framework to fully regulate the continental civil aviation. South Africa has further integrated the principles of YD in the National Civil Aviation Policy that has since been approved by Cabinet on the 15th of February 2017.

2. Government is in full support of the integration and establishment of the Single African Air market. South Africa has to date signed the Declaration for Solemn Commitment to the implementation of YD towards the establishment of Single African Air Transport Market (SAATM). The former President, His Excellency Mr. Jacob Gedleyihlekisa Zuma, witnessed the launch of SAATM during the 30th Ordinary Session of the Assembly of the Union, in January 2018.

3. Implementation of YD has been slow and limited. The delay has caused South African and rest of the continent to miss out on substantial economic benefits. Some air transport markets between Africa and countries outside of Africa have been liberalized to a significant extent. But most intra-African aviation markets remain closed and regulated through bilateral agreements which limit the growth and development of air services.

Air services arrangements with the South African Development Community (SADC) have been restricted, limiting airline participation in the market. However, of recent, some SADC states are slowly embracing the principles of YD and are progressively liberalizing key elements of the Bilateral Air Services Agreements. Restrictions on designation of airlines on specific routes and limited capacity still exist in air services arrangements with Namibia, Angola, Mauritius, Tanzania, Madagascar and the Democratic Republic of Congo. Reluctance of these states to embrace YD has negatively affected South African airlines desiring to either introduce new services or expanding existing markets. The Government, however, continues to engage these States bilaterally and multilaterally to encourage them to be part of the African Union initiative of creating a single air transport market for Africa.

13 September 2018 - NW2552

Profile picture: Masango, Ms B

Masango, Ms B to ask the Minister of Transport

(1)Have there been any land claims on the Pilanesburg airport or its runways; if so, have any discussions been undertaken with the land claimants; (2) was an offer made to the claimants; if so, (a) why did the land owner not accept the offer and (b) has the issue of expropriation of that land been considered?

Reply:

  1. Yes, there is land claim on part of the airport. Half of the runway is on the claimed land, but the other portion has not yet experienced any claim.
  2. Discussions and negotiation have commenced between the Department of Public Works and Road and Community Safety and Transport Management and the Claimant.

13 September 2018 - NW2551

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Masango, Ms B to ask the Minister of Transport

(1)(a) What are the details of (i) the passenger throughput and (ii) aircraft movements at the Pilanesburg Airport since 1 January 2010, (b) does the Airports Company South Africa still own and operate the airport and (c) is the airport a national key point; (2) is the airport formally closed; if so, (a) what factors led to its closure, (b) has an economic impact assessment been conducted on the closure of the airport and (c) what is the likely impact of this closure on tourism and the platinum mining sector in the North West?

Reply:

1. (a) (i) There has been an increase in passenger movements, both domestic and international.

(ii) Aircraft movements increased, both domestic and international.

(b) No, the airport is owned and managed by the North West Provincial Government.

(c) Yes.

(2) Yes.

(a) The airport is temporarily closed due to maintenance requirements on runway pavement and security perimeter fence, warthogs are gaining access into the airside causing many runway incursions and accident.

(b) Not yet but certainly will be temporarily negatively affected.

(c) Certainly, negative impact envisaged.

13 September 2018 - NW2486

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to the reply to question 3817 on 28 November 2017, (a) why are height restrictions of 4,3 m going to be re-introduced, (b) what economic impact analysis has been undertaken in relation to the country’s immediate neighbours, including the countries of the Southern African Development Community, internationally once the specified restrictions have been re-introduced and (c) what are the results of the analysis?

Reply:

(a) There is no re-introduction of the vehicle and load height restriction as provided for in terms of regulation 224 of the National Road Traffic Regulations, 2000 under the National Road Traffic Act, 1996 (Act No.93 of 1996) (“the Act”). The height restriction has always been part of the Act. The special dispensation that was granted exempting the operation of motor vehicles transporting ISO Containers from complying with the provisions of regulation 224(b) is lapsing with effect from 1 January 2019. This special dispensation was granted to allow the industry to procure and/or source complaint trailers to transport high cube containers come 01 January 2019. The intention was not to exempt the industry indefinitely.

(b) There is no obligation on my Department to conduct an economic impact analysis because there is no intention to amend Regulation 224 of the National Road Traffic Act. It would go against the established legislative drafting conventions for my Department to conduct an economic impact analysis or research whilst the legislation is in effect. Simply put, research informs legislative drafting not the other way around.

(c) Refer to (b) above.

13 September 2018 - NW2459

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Transport

What is the (a) name of each investing company that has invested on land owned by (i) his department and (ii) each entity reporting to him and (b)(i) nature, (ii) value and (iii) length of each investment?

Reply:

Department

(a)(i) The Department of Transport has not invested in any land.

(b)(i)(ii)(ii) Not applicable

Cross-Border Road Transport Agencies

a) (ii) No investing company has invested on land owned by the entity as the Cross-Border Road Transport Agency itself does not own any land.

b) (i), (ii) and (iii) - Not applicable

Road Accident Fund

a) (ii) No investing company has invested on land owned by the entity as the Road Accident Fund itself does not own any land.

b) (i), (ii) and (iii) - Not applicable

Road Traffic Management Corporation

a) (ii) No investing company has invested on land owned by the entity as the Road Traffic Management Corporation itself does not own any land.

b) (i), (ii) and (iii) - Not applicable

Road Traffic Infringement Agency

a) (ii) No investing company has invested on land owned by the entity as the Road Traffic Infringement Agency itself does not own any land.

b) (i), (ii) and (iii) - Not applicable

South African National Road Agency Limited

A table is provided below showing the developments that have taken place on land we have leased to various organisations

SANRAL

a) Name of Investor

b(i) Nature of Investment (all leases of land)

b(ii) Monthly/Annual Rental

b(ii) Estimated Value of Improvements

b(iii) Commencement Date

b(iii) Termination Date

Taylor Burke Projects Pty (Ltd)

Service Station

R46 301.43 PM

R18 Mil

1/08/2015

31/07/2049

Marburg Interchange Development CC

Service Station/Truck Stop

R12 714.05 PM

R12 Mil

01/07/1994

31/03/2024

BKZ Investments

Warehousing

R6 848.47 PM

R5 Mil

01/09/2014

31/08/2031

Engen Petroleum Ltd

Service Station

R373 248.00 PM

R18 Mil

01/10/2015

30/09/2018

Toll Road Concessionaire Pty LTD

Service Station N&S Bound

R17 690.67 PA

R25 Mil

01/01/2004

31/12/2019

LIZALOR Investment CC

Service Station N&S Bound

0.5% of gross turnover generated by sales of Petroleum Products & 1% of gross turnover generated by all other businesses

R25 Mil

27/03/2013

26/02/2053

Petroleum and Retail Properties Midrand Pty LTD (New Road Filling Station)

Service Station and Restaurant

0.5% of gross turnover generated by sales of Petroleum Products & 1% of gross turnover generated by all other businesses

Proposed New Improvements R100 Mil

01/11/1997

01/10/2017 (Option to renew for a further 30 years)

BP Southern Africa Pty LTD (BP Oasis)

Service Station and Restaurant N&S Bound

0.5% of gross turnover generated by sales of Petroleum Products & 1% of gross turnover generated by all other businesses

R25 Mil

29/07/1998

28/07/2018 (Option to renew for a further 30 years)

Vodacom (Pty) Ltd

Cellular infrastructure

R3 161.94 PM

R300 000.00 Minimal Infrastructure

01/06/2014

31/05/2019

Mobile Telephone Networks (Pty) Ltd

Cellular infrastructure

R10 709.89PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

Vodacom (Pty) Ltd

Cellular infrastructure

R5 000.00 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

ATC South Africa Wireless

Cellular infrastructure

R10 975.00 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

ATC South Africa Wireless

Cellular infrastructure

R13 157.83 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

Vodacom (Pty) Ltd

Cellular infrastructure

R6 273.37 PM

R300 000.00 Minimal Infrastructure

01/05/2014

30/04/2019

Mobile Telephone Networks (Pty) Ltd

Cellular infrastructure

R11 230.00 PM

R300 000.00 Minimal Infrastructure

01/11/2015

31/10/2020

Cell C (Pty) Ltd

Cellular infrastructure

R8 350.00 PM

R300 000.00 Minimal Infrastructure

01/12/2015

30/11/2020

ATC South Africa Wireless

Cellular infrastructure

R13 789.41 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

Vodacom (Pty) Ltd

Cellular infrastructure

R10 304.10 PM

R300 000.00 Minimal Infrastructure

01/12/2017

30/11/2022

Vodacom (Pty) Ltd

Cellular infrastructure

R35 650.78 PA

R300 000.00 Minimal Infrastructure

01/12/2017

30/11/2020

ATC South Africa Wireless

Cellular infrastructure

R10 136.46 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

ATC South Africa Wireless

Cellular infrastructure

R12 683.25 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

ATC South Africa Wireless

Cellular infrastructure

R12 683.25 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

ATC South Africa Wireless

Cellular infrastructure

R17 251.39 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

ATC South Africa Wireless

Cellular infrastructure

R9 966.45 PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

Mobile Telephone Networks (Pty) Ltd

Cellular infrastructure

R10 109.25 PM

R300 000.00 Minimal Infrastructure

01/08/2017

31/07/2020

Mobile Telephone Networks (Pty) Ltd

Cellular infrastructure

R13 367.23PM

R300 000.00 Minimal Infrastructure

01/03/2018

28/02/2021

Vodacom (Pty) Ltd

Cellular infrastructure

R1 712.93 PM

R250 000.00 Infrastructure on roof of existing building

01/02/2016

31/01/2019

Mobile Telephone Networks (Pty) Ltd

Cellular infrastructure

R2 383.00 PM

R300 000.00 Minimal Infrastructure

01/01/2018

31/12/2020

Railway Safety Regulator (RSR)

  1. (ii) None.
  2. (i) – (iii) Not applicable

Passenger Rail Agency of South Africa (PRASA)

Development lease: Un-serviced or excess land or space made available to developer or investor to develop the property on a long terms lease basis where after the property will revert to PRASA. Rental is based on land value. The value reflects the total Market Value.

(a)

Investor / Tenant Name

(b)(ii)

Value Rand

(b)(i)

Nature

(b)(iii)

Length

Metropolitan Life

R70,500,000

Retail development on Denneboom station development lease in Gauteng

50 years

Burnfields

R63,800,000

Office development at Rissik street Station development lease in Gauteng

50 years

Jonny Prop (Pty) Ltd

R19,800,000

Offices and filling station Rissik Station development lease in Gauteng

45 years

Erf 620 Hatfield (Pty) Ltd

R6,700,000

Offices at Rissik Station development lease in Gauteng

50 years

LYTTLETON COMMERCIAL PARK CC

R10,480,000

Industrial Park Centurion Station development lease in Gauteng

50 years

Redefine Properties (Pty) Ltd

R52,300,000

Shopping Centre- Acornhoek station development lease in Gauteng

40 years

Raeco

R12,200,000

Shop Fitting and Woodwork Related Business development lease in Western Cape

40 years

Nu-way Housing Development (Pty) Ltd

R31,700,000

Shopping Centre development lease in Western Cape

45 years

The Bells Trust

R27,300,000

Industrial / Retail development lease in Western Cape

90 years

Momentum Group Limited (Fairvest) / Nyanga Juction (002063)

R15,000,000

Retail Shopping Centre development lease in Western Cape

50 years

Observatory Business Park (Pty) Ltd

R387,500,000

Office Park and Parking development lease in Western Cape

45 years

Campwell Property Holdings CC

R15,100,000

Retail / Office development lease in Western Cape

45 years

Strand Junction Retail (Proprietary) Limited

R6,000,000

Convenience Shopping Centre development lease in Western Cape

45 years

Conlands Properties (PTY) Ltd (Namakwari Trust)

R5,000,000

Industrial development lease in Western Cape

39 years

The Haven Property Trust

R19,000,000

Warehouse/Factory with Office development lease in KZN

50 years

20 Intersite Avenue Pty Ltd

R10,100,000

Warehouse/Factory with Office development lease in KZN

50 years

BIDVEST Properties (Pty) Ltd

R16,400,000

Warehouse/Factory with Office development lease in KZN

50 years

Christopher Lee Investments CC

R8,350,000

Offices and Warehouse development lease in KZN

50 years

Corpclo 486 CC LTD/Lot 422 Umgeni Park CC

R10,000,000

Offices and Warehouse development lease in KZN

50 years

Dawn Projects & Properties c.c

R10,180,000

Offices and Warehouse development lease in KZN

50 years

GEOSURE - PROP AF was ceded to GEOSURE

R8,860,000

Warehouse development lease in KZN

50 years

Glenridge Station Trust

R15,270,000

Church/conference centre development lease in KZN

23 years

Gold Lemon Investments CC

R6,000,000

Offices development lease in KZN

50 years

Haloworx Investments (Pty) Ltd

R33,800,000

Warehouse/Factory with Office development lease in KZN

50 years

Henque 2129 CC-ceded to 126 Intersite Avenue

R12,100,000

Entertainment Hall development lease in KZN

50 years

Hirt & Carter Property Trust

R98,300,000

Warehouse/Factory with Office development lease in KZN

50 years

Imperilog Holdings (Pty) Ltd

R7,030,000

Warehouse/Factory with Office development lease in KZN

50 years

Iraco Family Trust

R4,370,000

Showroom and Workshop development lease in KZN

50 years

Iraco Family Trust

R4,900,000

Warehouse/Factory with Office development lease in KZN

50 years

Iraco Family Trust

R7,820,000

Warehouse/Factory with Office development lease in KZN

50 years

Iraco Family Trust

R9,160,000

Warehouse/Factory with Office development lease in KZN

50 years

Keenland Investment125 (Pty) Ltd

R17,300,000

Warehouse/Factory with Office development lease in KZN

50 years

KwaMnyandu Shopping Centre

R280,000,000

Retail development lease in KZN

17 years

MEGAPHASE ceded from SRITU FAMILY TRUST

R8,230,000

Offices and Warehouse development lease in KZN

50 years

MJ & JL Investments (Pty) Ltd

R4,600,000

Warehouse/Factory with Office development lease in KZN

50 years

New-Spot Investments (Pty) Ltd( Remainder of Erf 251 Springfield)

R37,020,000

Offices and factory development lease in KZN

50 years

Noriprop 2 (Pty) Ltd. (Erven 412, 413, 414, 415, and 416)

R48,700,000

mini storage facility development lease in KZN

50 years

Quick Leap Investments 346 (Pty) Ltd

R46,900,000

Offices/Retail development lease in KZN

30 years

Rosetree Investments (Pty) Ltd

R11,400,000

Mini – Factory development lease in KZN

50 years

SA Corporate Real Estate Fund

R18,820,000

Warehouse/Factory with Office development lease in KZN

50 years

Shaik Iqbal Mustapha Essop

R9.090.000

Offices and Warehouse development lease in KZN

50 years

Shave Paint Centre (Pty) Ltd

R8.700.000

Offices and Warehouse development lease in KZN

50 years

Sipan 1 (Pty) Ltd

R32,300,000

Warehouse/Factory with Office development lease in KZN

50 years

The A & M Hirsch Family Trust

R27,400000

Showroom/Workshop/Offices development lease in KZN

48 years

The Emira Property Fund

R11,200,000

Offices and Warehouse development lease in KZN

50 years

The Emira Property Fund

R13,500,000

Warehouse development lease in KZN

50 years

The Emira Property Fund

R6,190,000

Mini – Factory development lease in KZN

50 years

The Emira Property Fund

R40,300,000

Warehouse/Factory with Office development lease in KZN

50 years

The Haven Property Trust

R19,000,000

Warehouse/Factory with Office development lease in KZN

50 years

The Vallabh Property Trust

R590,000

Offices development lease in KZN

50 years

Townston Properties (Pty) Ltd

R11,500,000

Offices and Filling station development lease in KZN

25 years

UMGENI JUNCTION 2 (PTY) LTD

R14,200,000

Retail development lease in KZN

50 years

Whirlprops 25 (Pty) Ltd

R118,000,000

Warehouse/Factory with Office development lease in KZN

50 years

Arnold Properties (Pty) Ltd.

R237,600,000

Retail development lease in KZN

50 years

Kwazulu FInance & Investment

R76,100,000

Mini - Factory Complex development lease in KZN

50 years

Mergence Africa Property Investment Trust

R22,600,000

Retail development lease in KZN

50 years

UMGENI JUNCTION 1 (PTY) LTD

R69,900,000

Retail development lease in KZN

50 years

Hotel Formula 1 (Pty) Ltd

R530,000

Hotel development lease in KZN

50 years

The Acorn Trust

R5,600,000

Retail/Service Station development lease in KZN

50 years

Lenz Station Mall cc

R21,100000

Mall development at Lenazia station development lease in Gauteng

35 years

Rasbora Investments cc.

R 6 500 000

Retail & workshops development lease in Gauteng

50 years

Mergance Africa Property Investment Trust ceded from Taxi prop Development (Pty) Ltd

R60,300,000

Randfontein Mall development lease in Gauteng

50 years

Discus House (Pty) Ltd

R104,400,000

Retail at Kempton Park station development lease in Gauteng

40 years

Vidual Investments (Pty) Ltd

R7,000,000

Hotel Formula 1 development lease in Gauteng

50 years

Kwamyandu shopping centre Pty Ltd

R250,000,000

22 000m2 of Retail development in KZN. Currently Trading

25 years with 10 year option to renew

Nuway Holdings Pty (Ltd)

R55,000,000

Long term lease: 4 500m2 of retail development at Langa Junction in Western Cape. Currently Trading

45 years

Eris-Accessio JV

R1,5 billion for both phases over a period of 5 years

Long term lease - Development consisting of two phases of approximately 67 000m2 retail and light industrial warehouse units at Umgeni Business Park (KZN) in Construction

40 years with an option to renew for a further 10 years

Mandulo Property Partners

R180,000,000

Long term lease - Retail development of approximately 11 100m2 at Umlazi KZN in Pre-construction

25 years with an option to renew for a further 10 years

South African Maritime Safety Authority (SAMSA)

(a)(i) (ii) Does not invest to any land

  1. (i) – (iii) Not applicable

South African Civil Aviation Authority (SACAA)

Not Applicable to SACAA as it does not own any land.

(b) (i) – (iii) Not applicable

Air Traffic Navigation Services (ATNS)

(a) Not Applicable to SACAA as it does not own any land.

(b) (i) – (iii) Not applicable

Airports Company South Africa (ACSA)

For ACSA’s portfolio under land leases with third party investors, the following developments refer:

OR Tambo International Airport

  1. RMB Properties (Pty) Ltd
  2. (i) land lease

(b)(ii) Upfront lease premium of R21m; from 14th to 25th anniversary, 15% of Adjusted Net Operating Income; and from 25th anniversary to Termination date, 20% of Adjusted Net Operating Income

(b)(iii) Commenced in 2006 for 40 years

Cape Town International Airport

  1. DHL
  2. (i) land lease

(b)(ii) Upfront lease premium of R6,3m, turnover rental 15% of gross rentals after 12 years (Currently R169,000 pm)

(b) (iii) Commenced in June 2005 for 40 years

  1. Massmart
  2. (i) land lease

(b)(ii) Upfront lease premium of R7,8m, turnover rental 25% of net rentals after 13 years of sub-lease

(b)(iii) Commenced in June 2008 for 40 years

(a) City Lodge

(b) (i) land lease

(b)(ii) The greater of the monthly rental of R13,000 (Currently R54,000 pm) escalating with 10% annually or turnover rental equal to 3% of annual sales when occupancy is less than 85% / 5% when occupancy is more than 85%

(b)(iii) Commenced in March 2002 for 20 years with a 10-year renewal option

Ports Regulator of South Africa (PRSA)

  1. (ii) The Ports Regulator does not own any land, nor has it owned any land in the past. There are no plans either to acquire any land in the future.
  2. (b) (i) – (iii) Not applicable

13 September 2018 - NW2597

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Transport

(1)(a) What is the total number of (i) deputy directors-general and (ii) chief directors that are employed in (aa) an acting and (bb) a permanent capacity in his department and (b) what is the total number of women in each case; (2) (a) what is the total number of (i) chief executive officers and (ii) directors of each entity reporting to him and (b) what is the total number of women in each case?

Reply:

1. (a) (i) Total number of Deputy Directors-General posts in the Department are 9.

(ii) Chief Director posts in the Department are 36.

(aa) Total number of Deputy Directors-General appointed in acting capacity are 6.

Total number of Chief Directors appointed in acting capacity are 6

(bb) Total number of Deputy Directors-General appointed permanently are 3.

Total number of Chief Directors appointed permanently are 26.

(b) Total number of women acting in posts of Deputy Directors-General are 2.

Total number of women permanently employed as Deputy Directors-General is 0.

Total number of women acting in posts of Chief Director are 2.

Total number of women permanently employed as Chief Director are 6.

13 September 2018 - NW2427

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(a) What rail safety plans are in place in each province, (b) how are the specified plans executed, (c) at what stage is the execution in each province, (d) what monitoring mechanisms are in place in each province, (e) what are the allocated budgets for each province for the current financial year, (f) what budgets were allocated for each province in the past three financial years and (g) what was actual expenditure in each province in the past three financial years?

Reply:

As mandated by the National Railway Safety Regulator Act, No 16 0f 2002, each operator is responsible and accountable for ensuring the safety of railway operations, while the Railway Safety Regulator (RSR) is accountable for providing adequate and appropriate oversight of the safety of railway operations.

a) Railway Operators submit annual Safety Management System Reports (SMSR) to the RSR and at the core of the SMSR is the Annual Safety Improvement Plan. The Annual Safety Improvement Plan contains the operator’s annual railway operational improvement plans that demonstrate how the operator has resourced themselves to mitigate the risks that they identify in their railway operations. The SANS 3000 standards guide the operators on the content of the plans.

Operators throughout the nine provinces have Safety Management Systems as mandated by the SANS 3000 series of standards. The Annual Safety Improvement Plan contains the Operator Risk Assessment, the Controls to reduce or mitigate the risks and the Targets aimed at reducing the incidents. The Action Plans are also found in the Annual Safety Improvement Plan of the operators.

b) The plan would, among measures, indicate how the operator plans to reduce level crossing incidents, people struck by train incidents (PSBT), collisions, derailments, theft and vandalism incidents, etc.

To mitigate the risks identified in each rail operator’s Risk Registers, the operators approve and execute COPEX and CAPEX Projects. For example, the Platform Projects by PRASA are aimed at mitigating the Platform Train Interface (PTI) incidents, the Walling Project at reducing the PSBT incidents, Re-signalling Projects at reducing collisions, etc.

c) Most of the key projects are at construction stages while some are at commissioning stages. The RSR conducts reviews on these projects through all project life cycle phases to ensure that the new works do not introduce new risks to the railway system and where these cannot be eliminated, that necessary mitigation measures are implemented.

d) The SANS 3000-1 standard specifies that incidents must be reported to the RSR. It states which incidents must be reported within 15 minutes, daily, etc. All reported incidents find their way into the Annual State of Safety Report. The RSR conducts Audits and Inspections on the operators to oversee their compliance towards their safety management systems and plans.

e) Not applicable

f) Not applicable

g) Not applicable

13 September 2018 - NW2426

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(a) What number of (i) trains, (ii) coaches and (iii) locomotives have been vandalised (aa) in each month and (bb) in the past three financial years, (b) where did each incident take place and (c) what are the relevant details of the investigations that followed each incident, particularly with regard to the (i) outcomes and (ii) recommendations of each specified investigation?

Reply:

A Metrorail train consist of several motor coaches (electrical powered units) and a number of plain trailers - coaches. Normally a full train set (train) consist of 12 coaches (3 motor coaches and 9 plain trailers). The response reflects the coaches and the equivalent 12-coach Metrorail train sets (trains). Metrorail does not utilize locomotives. Locomotives are used in MLPS and in freight at Transnet.

a) Details of the incidents on vandalism of Rolling Stock has only been kept by Protection Services since December 2016 when vandalism became an endemic problem. The information is kept on the fleet maintenance side as well but is not readily available.

b) File attached.

c) (i) File attached.

(ii) As can be seen from the numbers involved, investigations internally are not done for each and every case. Cases are opened with SAPS with the available information and the results of SAPS investigations is included in (c)(i). The Prasa Rescue plan includes actions to address the protection of assets in the Metrorail environment.

13 September 2018 - NW2297

Profile picture: Dreyer, Ms AM

Dreyer, Ms AM to ask the Minister of Transport

With regard to the proposed high-speed train that will go through Kempton Park, has the bridge near Birchleigh station that goes over Elgin Road been tested for structural stability and strength; if not, when will such a test be conducted; if so, (a) when was the test conducted and (b) what were the results of the test?

Reply:

It is understood that the high-speed train refers to the new generation Electric Multiple Units to be rolled out by PRASA over the next 10 years in the commuter rail network. The bridge near Birchleigh Station that goes over Elgin Road, has not been tested for these trains.

a) The bridge was inspected in December 2017 and February 2018. The inspection conducted indicates that the bridge is structurally sound for the current traffic. Tests will be conducted in November 2018 which will take the high-speed traffic design into consideration.

b) The results of the inspection were as follows:

  • Structural damage to the bottom flange of the beams near the middle of the beam span.
  • Damage to the warning sign on the bottom flange of the northern outer bridge beam by the vehicles exceeding height restriction.
  • Corrosion of the deck soffit structural steel components was found in most cases.
  • Drainage of the bridge road pavement was ineffective or non-existent.
  • “No advance allowable vehicle height warning structures” mounted on either approach of the bridge.

The bridge is part of the planned bridges to be rehabilitated by PRASA in the 2018/2019 financial year.

17 August 2018 - NW2133

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(1)With reference to (a) his department and (b) all the entities reporting to him, (i) what number of legal matters have been dealt with in each of the past three financial years and (ii) what are the details of the specified matters in each case; (2) With regard to the matters that were initiated by his department and/or entities reporting to him and another party, on what date was each matter launched and concluded in each instance; (3) (a) What number of matters are still outstanding, (b) what are the relevant details of the matters and (c) why are they still outstanding in each case; (4) What amount has been (a) budgeted in respect of each financial year and (b) spent on each matter in each financial year?

Reply:

REPLY : 1 (a) (i)

2015/2016 (11 matters)

2016/2017 (19 matters)

2017/2018 (12 matters)

1(a)(ii) Details of the specified matters in each case

 

MATTERS

DETAILS

15/16

16/17

17/18

DOT/Bowman/Ngidi and Morar

Proceedings to recover amounts paid to consultants without following procurement procedures

x

x

x

Tasima/ DOT, RTMC

Application by Tasima to enforce court orders, DOT and RTMC brought counter application to declare 2010 contract extension unlawful

x

x

x

Prodiba/DOT

Counter application by DOT to declare the 2010 contract extension unlawful

x

x

 

Central African Road Services / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

 

x

x

Road Freight Association / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

 

x

x

Marine Enquiry Kingfisher

Marine court of enquiry on the sinking of the Kingfisher boat in Port Elizabeth leading to loss of lives

x

x

 

DOT/Hlabisa

Charges related to over payment made on provincial road maintenance grant. A final written warning was given.

x

x

 

DOT/Vilana

Charges related to breach of supply chain processes, misuse of authority, and his decision on the appointment of the service provider related to the investor conference. He opted to resign.

x

x

 

DOT/Thwala

Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court

x

x

x

MEC for Transport KZN/ Transport Appeal Tribunal

Challenge of the decisions of the Transport Appeal Tribunal to set aside the decisions of the Provincial Regulatory Entity

x

x

 

JV Ndorum/ Minister of Transport, Finance, Defence, Transport Eastern Cape

Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport

x

x

x

City of Cape Town / SANRAL & Minister of Transport

Review application by the City of Cape Town on the approval of tolling of the N1/2 Winelands toll routes

x

x

 

Levers Mabaso/DOT

Application to set aside the process followed in appointing the Chief Director : Legal Services

x

x

x

Marine Enquiry Witbank

Marine Court of enquiry on the sinking of a boat at the Witbank Dam that led to loss of lives

 

x

x

Popo Molefe / PRASA & Minister of Transport

Application to set aside the decision of the Minister to dismiss the Board of PRASA

 

x

x

Jinja Outdoor Advertising / SANRAL & DOT

Application to set aside the decision of SANRAL to remove a bill board over the N1 highway

 

x

x

#Unite Behind and Equal Education / Minister of Transport and PRASA

Application to set aside the decision of the Minister to appoint an interim Board of PRASA

 

x

x

Selepe / DOT

 

Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe

 

x

x

African Harvest/ Regulating Committee

Application to challenge the fixing of tariff permits

 

x

 

African Harvest / Minister of Transport and ACSA

Application to compel the Minister of Transport and ACSA to purchase the shares of the Minority shareholders in ACSA

     

 

2. The matter of DOT against Bowman, Ngidi and Morar inc was instituted on 15 March 2016 and it has not been concluded as yet, as the court process is still underway.

3. (a) Six (6) matters are still outstanding

Matter

(b) Details

(c) Status

DOT/Bowman, Ngidi and Morar

Proceedings to recover amounts paid to consultants without following procurement procedures

The matter is still progressing

DOT/Thwala

Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court

Awaiting hearing date

Selepe/DOT

Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe

Preparation of answering affidavits

African Harvest/Minister of Transport and ACSA

Application to compel the Minister of Transport and ACSA to purchase the shares of the Minority shareholders in ACSA

The matter is still progressing

#Unite Behind and Equal Education/Minister of Transport and PRASA

Application to set aside the decision of the Minister to appoint an interim Board of PRASA

The matter is still progressing

JV Ndorum

Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport

The matter is still progressing

 

4. (a) The following amounts were budgeted for each financial year

2015/2016 (R9 364,000.00)

2016/2017 (R9 500,000.00)

2017/2018 (R8 986,000.00)

(b) Total spent on each matter

Matter

2015/2016

2016/2017

2017/2018

DOT/ Bowman, Ngidi and Morar

R82, 560.00

 

R81, 795.00

Tasima/ DOT, RTMC

R6, 694, 560.56

R8, 510, 948.47

R922, 637.46

Prodiba/DOT

R102, 600.00

R37, 620.00

 

Marine Enquiry Kingfisher

R2, 293, 858.79

R82 000.00

 

DOT/Hlabisa

R141, 900.00

R137, 500.00

 

DOT/Vilana

R297, 225.00

R337, 325.25

 

DOT/Thwala

R755, 410.10

R1, 743, 883.60

R348, 700.00

MEC for Transport KZN/ Transport Appeal Tribunal

R232, 862.83

R673, 356. 26

 

JV Ndorum/ DOT, Finance, Defence, Transport Eastern Cape

R139, 878.00

R137, 500.00

R107, 217.00

City of Cape Town / SANRAL & DOT

R837, 501.00

R517, 389.00

 

Levers Mabaso/DOT

R56, 943.00

 

R96, 444.00

Marine Enquiry Witbank

 

R3, 640, 159.14

 

African Harvest / Minister of Transport and ACSA

 

R445, 657.00

R2, 427, 744.00

Popo Molefe / PRASA & Minister of Transport

 

R98 000.00

R588, 282.00

Jinja Outdoor Advertising / SANRAL & DOT

 

R86 782.50

 

#Unite Behind & Equal Education / Minister of Transport & PRASA

     

Selepe / DOT

 

R157, 263.00)

 

R273, 703.00

African Harvest/ Regulating Committee

   

R485, 469.00

Central African Road Services / Minister of Transport and CBRTA

R235, 367.00

R349, 483.79)

 

Road Freight Association / Minister of Transport and CBRTA

R124, 254.00

R87, 425.98)

 

 

Airports Company South Africa SOC Limited (ACSA)

(1) (a) Not Applicable to ACSA

(b)(i) In the past three financial years ACSA has dealt with 36 (Thirty Six) litigation matters.

(ii) Please see attached spreadsheet.

Please note that the current members of the legal team have only been with ACSA for a period of 1 year 3 months at most. This report is therefore limited to the matters which they have dealt with and those where information has been readily available. There could therefore be litigation matters which are not included herein due to the fact that there is no information that is available on these matters.

(2) Please see annexed spreadsheet.

(3) Please see annexed spreadsheet.

(4) (a) The amounts budgeted in respect of each financial year are as follows: -

2015/ 2016- R9 000,000

2016/2017- R11 000,000

2017/2018- R21 000,000

(b) The amounts spent on legal expenses for the past three financial years are as follows:

2015/2016- R 22 147 833

2016/ 2017- R 30 106 855

2017/ 2018 - R 46 646 308

The legal expenses for the financial year 2017/ 2018 also include the expenses on the debt collection matters which the legal department has taken over from FinOps.

Air Traffic and Navigation Services SOC Limited (ATNS)

  1. (i) Seven.

(ii) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process.

  1. ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing,
  2. ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers,
  3. ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS,
  4. ATNS/T Mofuledu : Fraud.
  5. ATNS/ S Khan Recovery/ Breach of training Contract.

(2) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process : 2018.

  1. ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing : 2018.
  2. ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers : 2018.
  3. ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS : 2018.
  4. ATNS/T Mofuledu : Fraud : 2015.
  5. ATNS/ S Khan Recovery/ Breach of training Contract : 2015.

(3) (a) Seven

(b) (c) - ATNS / Ndlovu: Urgent Application for dismissal /Interdict of Internal Disciplinary Process: 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing. The matter was postponed on 26 April 2018 to provide the Applicant (Mr. Ndlovu) to file his responding Affidavit. He argued that he was unable to respond to the Affidavit. The disciplinary hearing has been finalised which led to the employee being dismissed and the termination letter was handed to him on 25 May 2018.

  • ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing.Notice of Intention to Oppose has been filed.
  • ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing. Notice of intention to oppose has been filed.
  • ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing.
  • ATNS/T Mofuledu : Fraud : 2015 : There is a criminal and civil charge against the defendant. On 10 March 2017 the defendant cannot be found at the last known address as a result he cannot be served. The defendant will only be served upon his arrest.
  • ATNS/ S Khan Recovery/ Breach of training Contract : 2015 : Matters has been settled in Court in the amount of R85000.00.

(4)(a) Financial Year Actual Budget

2017/18 3 247 189 5 000 000

2016/17 3 932 315 8 637 289

2015/16 7 979 519 6 950 000

(b) ATNS / Ndlovu: R312 115.20.

ATNS/ NDLOVU: R154 477.97.

ATNS / MOTSOGI: Not Yet Invoiced.

ATNS/ MOFULEDU: R27300.00 and R44 118.00.

ATNS/ S KHAN: R103 466.80.

South African Civil Aviation Authority (SACAA)

(1) (a) is not applicable. For questions (1) (b), (i) and (ii); (2); (3) (a), (b) and (c); (4) (a) and (b) please refer to ANNEXURE A: SACAA Response to National Assembly Question Number: 2133 by Mr M SF de Freitas (DA) on Legal Matters Instituted Against and by the SACAA.

Railway Safety Regulator (RSR)

  1. (i) Five legal matters have been dealt with by the RSR.

(ii) The details of the matters are as follow:

BMW vs RSR, 2015

The matter was a review application against the decision of the Board and RSR on the reduction of the permit validity period of the operators and lack of consultations with operators. The RSR defended the matter at the High Court and it was concluded in April 2017, with the order in favour of the RSR.

Sefora Kutumela vs RSR and Others, 2015

Review application by the applicant against an award of the CCMA confirming dismissal of the applicant by the RSR. Matter was lodged at the Labour Court. The matter appears to have been abandoned by the employee as it was never set down for review after the last court sitting in November 2015.

Gumede and others vs RSR, 2015

Litigation was initiated by the plaintiffs in a claim against the RSR for failure to vacate the premises rented in Bruma on time and effecting necessary reperations. The matter was settled out of court in April 2016.

Intengu Communications vs RSR, 2016

The complainant filed an arbitration complaint against the RSR claiming an amount of R505,030-27 for services rendered for the Women in Rail Conference which Intengu alleges they have performed. The RSR defended the matter at the arbitration proceedings and the complainant subsequently withdrew the dispute and the matter was settled between the parties in April 2018.

Transnet SOC Ltd vs RSR, 2016

Transnet lodged an urgent application against RSR following an unsuccessful permit application. The matter proceeded in court and the application by Transnet was dismissed.

  1. The RSR has not launched any legal matters against any party.
  1. All matters have been concluded. There is currently no active litigation against the RSR.
  1. The amount budgeted and spent for each financial year is as follow:
  1. Financial Year
  1. Amount budgeted
  1. Amount spent

2015/2016

R3,000,000-00

R699,767-50

2016/2017

R2,000,000-00

R1,105,089-00

2017/2018

R1,000,000-00

R717,143-00

Passenger Rail Agency of South Africa (PRASA)

  1. (i) The number of legal matters that have been dealt with in each of the financial years are:
  • 2015/16 – 25 matters
  • 2016/17 – 40 matters
  • 2017/18 – 52 matters

(ii) The matters listed below are matters in respect of which the counter party mentioned has ommenced legal proceedings either in court or through alternative dispute resolution, for example, arbitration proceedings. Note that this list exludes items where PRASA initiated legal matters.

   

Year

(ii) Details of matters

15/16

16/17

17/18

Prodigy Business Services

Claiming for alleged failure to pay for services rendered.

 

X

X

Bagale Consulting

Claiming for alleged failure to pay for services rendered during 2010.

X

X

X

Labour disputes,

Including mass dismissal dispute by National Transport Movement.

X

X

X

Rail & Road Assessing Services

Application was launched for dismissal of action.

X

X

X

Lenkwane Cleaning Services

For alleged breach of contract.

X

X

X

Proconse Consulting Engineers

For alleged failure to pay for services rendered.

X

X

X

Various insurance claims

For personal injuries

X

X

X

Bombardier Africa Alliance -

Delay claims allegedly occasioned by a change request and a NUMSA strike.

X

X

X

Algee Medics and Fire

For alleged failure to pay for services rendered.

X

X

X

Tiro Projects -

Claim for alleged failure to pay for professional services rendered.

X

X

X

ME Mlungisi.

Alleged unlawful arrest

X

X

X

National Force Security

For alleged unlawful cancellation of security contract.

X

X

X

Transportation and Traffic Technology Africa

For alleged failure to pay for professional services rendered.

X

X

X

Madisha & Associates -

Claim for alleged breach of contract.

X

X

X

Baran Projects SA -

Claim for alleged failure to pay for goods sold and delivered.

X

X

X

Koor Dindar Moti Quantity Services -

Claim for alleged failure to pay for services rendered / work performed.

X

X

X

The New Age -

Claim for alleged failure to pay for goods sold and delivered.

X

X

X

Sbahle Safety consultants

For alleged failure to pay for services rendered.

X

X

X

Be My Guest Trading

For alleged failure to pay for services rendered.

X

X

X

Rasakanya Builders CC -

Claim for alleged failure to pay for cleaning services rendered.

X

X

X

Business Pledge -

Claim for alleged failure to pay in terms of an agreement.

X

X

X

Phumelela Fleet Operations (Pty) Ltd -

Claim for alleged failure to pay services rendered, viz Vehicle Management Tracking System.

X

X

X

Enterprise Technology Solutions (Pty) Ltd -

Declaratory order setting aside cancellation of rental and loan of certain equipment agreement.

X

X

X

Siyaya Rail Solutions -

Claim for alleged failure to pay for professional services rendered.

X

X

X

Daveglen 371 (Pty) Ltd t/a Security International -

Claim in respect of Statutory increases determined by the Security Industry.

X

X

 

Siyaya db Consulting Engineers -

Claim for alleged failure to pay for services rendered.

 

X

X

EE Meishwine vs Autopax,

Claiming for loss of support.

 

X

X

Madisha & Associates CC -

Alleged early termination of contract.

 

X

X

Raamba Engineering Enterprises CC and JRACCE (PTY) LTD -

Subcontractor work

 

X

X

DBI -

Change in scope and budget.

 

X

X

MMQS-MACE (PTY) LTD -

Claim for work done

 

X

 

OTIS (PTY) LTD

Variation on contract.

 

X

 

VISION AFRICA as part of MMQS-MACE (PTY) LTD -

Alleged work done.

 

X

X

Pro-Serve Consulting -

Alleged work done.

 

X

X

Kamo Architects -

Alleged services rendered

 

X

 

Kamo Construction -

Alleged services rendered

 

X

 

Siyangena

interest.

 

X

X

Lebepe Quantity Surveyors -

Alleged services rendered

 

X

X

Brouwers Property Development cc –

Penalties

 

X

 

David Underwood/Sharpline Graphics -

Claim for breach of contract

   

X

Mtiya Dynamics -

Alleged services rendered

   

X

Tshepo Nkwana -

Unlawful deduction from pension fund payout

   

X

DC Worst Composite (PTY) LTD vs Tecuvert & PRASA -

Alleged services rendered

   

X

DC Worst Composite (PTY) LTD vs Baraka Eng & PRASA -

Alleged services rendered

   

X

DC Worst Composite (PTY)LTD vs Ecoan Eng & PRASA -

Alleged services rendered

 

-

X

Sebenza Shipping and Forwarding -

Alleged services rendered

   

X

Fabor Engineering Products (PTY) LTD -

Alleged services rendered

   

X

Nkambule and Associates -

Alleged services rendered

   

X

Superway Constructions vs PRASA -

Alleged services rendered

   

X

Theeunissen J  vs PRASA & others

Claim for injuries/unlawful arrest

   

X

Phaahlana Mahlako Investments -

Alleged services rendered

   

X

Boyisa Trading Enterprise -

Alleged services rendered

   

X

  1. Matters initiated by PRASA

Matter

Date launched

Status

Swifambo Rail Leasing

June 2016

In progress

Swifambo Rail Leasing – Appeal by Swifambo

June 2017

In progress

Siyangena Technologies

December 2015

In progress

Siyangena Technologies

March 2018

In progress

Compass Insurance

July 2015

In progress

Eastern Cape : Department of Health

January 2011

In progress

National Department of Public Works

April 2011

In progress

Arbour Town

February 2011

In progress

F Gastin

September 2016

In progress

J Phungula

December 2015

In progress

D Mthimkhulu

November 2015

In progress

M Mngomezulu

December 2016

In progress

Mazwe Financial Services

April 2016

In progress

Independent Development Corporation (IDC)

November 2016

In progress

  1. (a)There are twelve (12) matters outstanding where PRASA have initiated legal action:

Matter

(b) Detail

(c) Status

Swifambo Rail Leasing

In July 2017, the Local Division of the Gauteng High court ruled in favour of PRASA to set aside an agreement in the amount of R3.5 billion with Swifambo Rail Leasing for the sale and purchase locomotives dated 25 March 2013. PRASA had paid Swifambo an amount of R2.6 billion.

 

The matter has been taken on appeal. Awaiting date from Supreme Court of Appeal

Siyangena Technologies

Review of award of the tender and/or contract to supply and install ISAMS .

In progress

Compass Insurance

Claims against an insurer of a contractor in respect of the non-performance of contractor that has since been liquidated.

In progress

Eastern Cape : Department of Health

Claim for alleged failure to pay for Professional Services

In progress

National Department of Public Works

Claim for alleged failure to pay for Professional Services

In progress

Arbour Town

Claim for alleged failure to pay for Professional Services

In progress

F Gastin

Claim for monies paid where no services were rendered and the contract was irregular

Awaiting hearing date

J Phungula

Claim for payments made to an employee who was employed on the basis of misrepresentation

Awaiting trial date

D Mthimkhulu

Claim for payments made to an employee who was employed on the basis of misrepresentation

Awaiting trial date

M Mngomezulu

Claim for salaries paid when employee was absent without leave of absence..

Awaiting trial date

Mazwe Financial Services

Claim of monies erroneously paid in respect of unpaid loans advanced to employees

Assessing detail of quantum of claim

Independent Development Corporation (IDC)

Refusal to pay gurantee to PRASA on a contractor that failed to remedy breach of provisions.

Process to complete legal matters take time

  1. The matters in legal do not have an allocated budget per individual case. Spending on each case also requires detailed analysis as legal representatives deal with more than one matter. PRASA also has a number of law firms that represent the entitiy.

Legal Fees PRASA

2015/16

2016/17

2017/18

  1. Budget

R36,099 million

R35 million

R36 million

  1. Spend

R69,643 million

R49,424 million

R60,874 million

 

Ports Regulator of South Africa (PRSA)

  1. (b) The Ports Regulator did not have any legal matters that were dealt with except for those under the Tribunal function which is one of its programmes.
  2. N/A
  3. N/A
  4. N/A

South African Maritime Safety Authority (SAMSA)

In 2016/2017 SAMSA had a litigious matter -Patrick Eric Deale t/a Deale Attorneys v SAMSA Case No. 4290/2017- the claim was in respect unpaid legal fees. The matter was settled in the amount R35 677.44.

SAMSA currently has one pending litigious matter. S Gool v SAMSA sued out the Regional Court for Regional Division of Western Cape Case No.616/2018. The claim is for amounts allegedly owed to Mr Gool for work he did in respect of feasibility study. The amount being claimed R 280 000.00. The matter is outstanding.

(b) The Cross-Border Road Transport Agency (C-BRTA)

  1. 2015/16 - 7 Matters

(i) 2016/17 - 7 matters

(i) 2017/18 - 10 matters

(ii) details of the specified matters in each case

Financial Year 2015/16

Commencement date

Title of the Matter

Fact of the Matter

14 September 2014

(carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

10 September 2016

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

10 June 2015

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

25 June 2015

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

16 January 2014

(carried over from previous financial year)

Muranga and Others// C-BRTA

Claim for breach of employment contract.

06 July 2015

RSA-Lesotho Cross–Border Route Corridor Committee//Minister of Transport and other

Declaring a directive invalid and setting it aside.

(ii) details of the specified matters in each case

Financial Year 2016/17

Commencement Date

Title of the Matter

Fact of the Matter

1 September 2014

(carried over from previous financial year)

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

14 September 2014

(carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

10 September 2016

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

10 June 2015

(carried over from previous financial year)

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

25 June 2015

(carried over from previous financial year)

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

16 January 2014

(carried over from previous financial year)

Muranga and Others// C-BRTA

Claim for breach of employment contract.

(ii) details of the specified matters in each case

Financial Year 2017/18

Commencement date

Title of the Matter

Fact of the Matter

8 April 2017

Jj Trauernicht // Cross Border Road Transport Agency-BRTA, Amos Lelope

The applicant in this matter was involved in an accident with an RTI officer. The applicant drove into the RTI office as he crossed the road.

14 September 2014

(carried over from previous financial year)

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

16 April 2014

(carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

10 September 2016

(carried over from previous financial year)

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

10 June 2015

(carried over from previous financial year)

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

25 June 2015

(carried over from previous financial year)

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

16 January 2014

(carried over from previous financial year)

Muranga and Others// C-BRTA

Claim for breach of employment contract.

5 April 2017

Reggie Williams and Other// C-BRTA

Illegality regarding the migration of the road transport inspectorate to RTMC.

6 November 2017

C-BRTA// National Cross Border Taxi Association and others

Urgent interdict to remove the protesting taxi association from at the Agencies premises and to prevent them from continuing or returning at a later date.

  1. The details of the matters initiated by the C-BRTA are in the table below :

Title of Matter

Launch Date

Date Concluded

C-BRTA//Shavana Ni Vukosi

10 September 2015

Pending

C-BRTA// National Cross Border Taxi Association and others

6 November 2017

6 November 2017

  1. (a) Seven (7) matters are outstanding.

(b) Title of the Matter

Fact of the Matter

(c) Reason outstanding

Jj Trauernicht // Cross Border Road Transport Agency-BRTA, Amos Lelope

The applicant in this matter was involved in an accident with an RTI officer. The applicant drove into the RTI office as he crossed the road.

Pending, dependent on court processes

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

 

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

 

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

 

C-BRTA // Shavana Ni Vukosi Trading And Projects(PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

 

Florence Lebyane// C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

 

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

 
  1. (a) The following amounts were budgeted for in each of the financial years:
  • 2015/16 – R3,588,697
  • 2016/17 – R4,019,341
  • 2017/18 – R4,750,000
  1. Total spent on each matter is as per the table below:

No

Title of the Matter

2015/2016

(R)

2016/2017

(R)

2017/2018

(R)

1

Central African Road Services //Minister of Transport, C-BRTA

736,930

162,415

-

2

Road Freight Association //Minister of Transport and C-BRTA

623,554

42,806

315,385

3

Dermit O Brein // C-BRTA

-

-

-

4

C-BRTA // Shavana Ni Vukosi Trading And Projects (PTY) LTD

-

-

-

5

Florence Lebyane// C-BRTA

21,913

34,754

64,845

6

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

57,523

-

-

7

Jj Trauernicht // C-BRTA, Amos Lelope

-

-

167,922

8

RSA- Lesotho Cross –Border Route Corridor Committee//Minister of Transport and other

543,386

-

-

9

Muranga and Others// Cross Border Road Transport Agency

30,485

1,635

90,844

10

Reggie Williams and Other// Cross Border Road Transport Agency

-

-

-

11

C-BRTA// National Cross Border Taxi Association and others

-

-

36,385

  1. (b) The Road Traffic Infringement Agency (RTIA)

(i) 5 Legal matters

(ii)

Details of the specified matter

Name of Litigation

Nature of Litigation

Fines for U & Another

Litigant seeking to review decisions taken by representation officers in terms of section 18 of the AARTO Act.

Edwards Matter

The Applicant in this matter requests the court to order the Agency and Tshwane Metropolitan Municipality (joined as the second respondent in the matter) to issue him with his driving licence and licence disk in respect of various vehicles under the circumstances where the Applicant has been served with an enforcement order.

Howard Dambovsky v Department of Transport and others

Mr Dembovsky has lodged this application to, amongst others; contest the constitutionality of some of the provisions in the AARTO Act as well as its Regulations. He alleges that those identified provisions of the Act contravene in the main, the right to a fair trial as enshrined in the Constitution. This application also seeks to request cancellation of all infringement notices in an instance where infringers have elected to be tried in court but have still not been served with summonses for a period over 18 months, as prescribed by the Director of Public Prosecutions.

Mpanza Matter

Review application of the AARTO divisions.

CANCOM

Review application of the AARTO divisions.

(2) Matter launched

Name of Litigation

Launched

Concluded

Fines for U & Another

2013

2017

Edwards Matter

2017

2017

Howard Dambovsky v Department of Transport and others

2016

Abandoned

CANCOM

2014

2016

(3) (a) 1

(b) Constitutionality of AARTO

(c) Matter Is still at the pleading stage.

(4)

 
  1. Budgeted
  1. Spent

2015/16

R 5 mil

R 800k

2016/17

R 5 mil

R 3.5 mil

2017/18

R 5 mil

R 3 mil

(b) The Road Traffic Management Corporation

(i) 2015/16 – 6 Matters

(i) 2016/17 - 3 matters

(i) 2017/18 - 4 matters

FINANCIAL YEARS

  1. MATTERS/ DETAIL

(2) MATTERS INITIATED

2015/2016

2016/2017

2017/2018

WAYMARK INFOTECH (PTY) LTD vs RTMC

  • Waymark appointed to develop and install an Enterprise Recourse Planning System (ERP).
  • Waymark instituted legal action against the RTMC in 2010 for the outstanding Contract price,
  • The RTMC successfully defended the matter as the Court ordered absolution of the instance because Waymark failed to proof their case.
  • 23 May 2014 Waymark again instituted legal action against the RTMC.

TIJGER VALLEI (PTY) LTD & OTHERS vs RTMC

  • Tijger Vallei 1 (Pty) Ltd, Carslwald Gardens (Pty) Ltd, Jamwa Beleggings (Pty) Ltd, Awaiz @ 5th Avenue Investments CC and Clifton Dunes Investments 166 (Pty) Ltd, issued summons to recover purported outstanding lease amounts.
  • RTMC defended the matter
  • The complainants abandoned claim
  • Matter Closed

CIVAIR vs RTMC

  • CIVAIR issued summon against the RTMC for payment of helicopter services rendered during April 2013.
  • The RTMC defended the matter
  • Parties Settled the matter out of court
  • Matter Closed

INTERCAPE FERREIRA INTERLINER vs RTMC

  • Intercape Ferreira Interliner issued summons against the RTMC, claiming that it suffered damages as a result of the operations of the NTPU and statement made by the erstwhile Acting CEO
  • RTMC defended that matter and file its plea
  • Complainant abandoned matter
  • Matter Closed

TASIMA (PTY) LYD VS DEPARTMENT OF TRANSPORT AND THE RTMC

  • Tasima brought an urgent application to uphold and enforce, the terms of various extant court orders on the basis of contempt.
  • RTMC and the Department opposed the application and brought counter application to contest the unlawful extension of the agreement in 2010

PJ BADENHORST VS RTMC

  • The complainant issued summons against the RTMC for purported unlawful arrest.
  • RTMC opposed the action and filed its plea.
  • Complainant abandoned matter
  • Matter Closed

BLOEMFONTEIN SHOW VS RTMC

  • BloemfonteinShow organisers issued summons against the RTMC
  • Parties settled matter
  • Matter Closed

MAVUNGA vs RTMC

• The complainant issued summons against the RTMC for purported unlawful arrest.

• RTMC opposed the action and filed its plea.

• Litigation Ongoing

JPSA vs DEPARTMENT AND OTHERS

  • JPSA bring application to contest AARTO Procedure
  • RTMC Opposed the application
  • Plaintiff Abandoned Application
  • Matter Closed

All 2016/2017 matters excluding matters marked ‘Closed’

REKWELE CHAUFEUR DRIVE (PTY(LTD) vs RTMC

  • Rekwele issued summons to claim purported outstanding costs for rental of vehicles by the RTMC.
  • RTMC defended the matter and filed a special plea.
  • Litigation Ongoing

NKWATSI and 5 Others vs RTMC

  • The complainants issued summons against the RTMC for purported unlawful arrest.
  • RTMC opposed the action
  • Litigation Ongoing

PUTCOMAFANI VS RTMC

  • Service provider issued summons against the RTMC for breach of contract – Repudiation.
  • The RTMC defended the matter
  • Litigation Ongoing

TASIMA (PTY) LYD VS RTMC

  • Application to enforce Section 197 of Labour Relations Act
  • RTMC opposed application
  • Litigation Ongoing

Pre- 2015/2016

MOHLALENG INVESTMENT HOLDINGS PTY (LTD)

  • RTMC instituted legal action against Mohlaleng for the outstanding deposit as well as for all expenses the RTMC incurred as a result of the RTMC relocating offices from Silver Lakes
  • Mohlaleng defended matter
  • Litigation Ongoing

2015 / 2016

DEPARTMENT OF TRANSPORT AND THE RTMC vs TASIMA

  • Department and RTMC bring counter application to the declare 2010 extention of Tasima Agreement Unlawfull
  • 30 April 2015

RTMC vs TASIMA

  • RTMC bring urgent application agianst Tasima to enforce Constitutional Court order of 9 November 2016
  • March 2017
  • Litigation Ongoing

2017/2018

RTMC vs TELKOM

  • RTMC bring Urgent Application to order Telkom to seize service suspension
  • 18 October 2017

RTMC vs TELKOM

  • RTMC bring Urgent Application to order Telkom to seize service suspension
  • 25 October 2017

(3)

MATTERS OUTSTANDING

DETAILS

REASON / STATUS

WAYMARK INFOTECH (PTY) LTD vs RTMC

• Waymark appointed to develop and install an Enterprise Recourse Planning System (ERP).

• Waymark instituted legal action against the RTMC in 2010 for the outstanding Contract price,

• The RTMC successfully defended the matter as the Court ordered absolution of the instance because Waymark failed to proof their case.

• 23 May 2014 Waymark again instituted legal action against the RTMC.

  • RTMC appeal to CC (Counter Claim)
  • Awaiting directions from CC
  • Litigation on-going

MOHLALENG INVESTMENT HOLDINGS PTY (LTD)

• RTMC instituted legal action against Mohlaleng for the outstanding deposit as well as for all expenses the RTMC incurred as a result of the RTMC relocating offices from Silver Lakes

• Mohlaleng defended matter

  • Set down for Trail - 19 February 2019
  • Litigation on-going

MAVUNGA vs RTMC

  • The complainant issued summons against the RTMC for purported unlawful arrest.
  • RTMC opposed the action and filed its plea.

• Litigation on-going

REKWELE CHAUFEUR DRIVE (PTY(LTD) vs RTMC

• Rekwele issued summons to claim purported outstanding costs for rental of vehicles by the RTMC.

• RTMC defended the matter and filed a special plea.

• Litigation on-going

NKWATSI and 5 Others vs RTMC

• The complainant issued summons against the RTMC for purported unlawful arrest.

• RTMC opposed the action and filed its exception and plea.

• Litigation on-going

PUTCOMAFANI VS RTMC

• Service provider issued summons against the RTMC for breach of contract – Repudiation.

• The RTMC defended the matter

• Litigation on-going

RTMC vs TELKOM

• RTMC bring Urgent Application to order Telkom to seize service suspension

• Telkom appealed final order

• Litigation on-going

RTMC vs TASIMA

    • RTMC bring urgent application agianst Tasima to enforce Constitutional Court order of 9 November 2016
  • Tasima Appealed to SCA and CC
  • Matter in CC 8 March 2018

• Awaiting CC judgement

TASIMA vs RTMC

• Application to enforce Section 197 of Labour Relations Act

• RTMC opposed application

• RTMC appealed to Labour Appeals Court (LAC)

• Awaiting LAC date

• Litigation on-going

(4)

FINANCIAL YEAR

BUDGET

MATTER

EXPENDITURE

2015/2016

R5 000 000 adjusted to R14 200 000

  • Waymark Infotech (PTY) LTD vs RTMC
  • TASIMA (PTY) LTD VS Department Of Transport and RTMC

R 90,820.62

R13 988,280.40

2016/2017

R5 500 000

  • Waymark Infotech (Pty) Ltd Vs RTMC
  • Mohlaleng Investment Holdings Pty LTD
  • Tasima (Pty) Lyd Vs Department Of Transport And The Rtmc
      • RTMC VS TELKOM
      • JPSA vs DEPARTMENT
  • PJ Badenhorst VS RTMC
  • Mavunga vs RTMC

R1 918 052.28

R70 090.80

R8 203 642.56

R166 405.20

R18973.39

2017/2018

R 5 700 000

  • Waymark Infotech (PTY) LTD vs RTMC
  • Mohlaleng Investment Holdings Pty (LTD)
  • TASIMA (PTY) LYD VS Department Of Transport and RTMC
  • RTMC vs TASIMA
  • TASIMA (PTY) LYD VS RTMC
  • RTMC vs TELKOM x2
  • NKWATSI and 5 Others vs RTMC
  • Rekwele Chaufeur Drive (PTY(LTD) vs RTMC
  • PUTCOMAFANI VS RTMC

R230 566.34

R5908.62

R7 508 686.91

R74530.49

R37128

(1) (b) The Road Accident Fund (RAF) dealt with 233 Legal matters in past 3 Financial Years excluding litigation matters under the RAF Act, No. 56 of 1996)

(i) 2015/16 - 80 Matters (53 Legal Unit and 27 Employee Relations Unit)

(i) 2016/17 - 67 matters (48 Legal Unit and 19 Employee Relations Unit)

(i) 2017/18 - 86 matters (54 Legal Unit; 29 Employee Relations Unit and 3 Corporate Secretariat)

No.

(ii) details of the specified matters in each case

 

Legal Unit

 

2015-16

1

L Dreyer brought a legislative challenge in respect of regulation 3 to the Act.

2

C Mounton brought a legislative challenge in respect of regulation 3 to the Act.

3

M Mahlatsi brought a legislative challenge in respect of regulation 3 to the Act.

4

Mithethe Trading Enterprise instituted an action in respect of alleged breach of contract.

5

Empower Financial Services (Pty) Ltd instituted an action in respect of alleged breach of contract.

6

M Kubjana & Others brought a legislative challenge in respect of Regulation 3 to the Act.

7

Consolidated matters: M Lingenfenlder, S du Toit, S Renken, E Taljaard, P Uys, J Du Preez, L Fulscher, J Renken, M Van Der Merwe, E Retief, W Du Preez, S Gresch brought a legislative challenge in respect of sections 18(1)(a)(i), 18(1)(b) and 18(2) of the Act.

8

M Kubjana & Others brought a legislative challenge in respect of regulation 3 to the Act.

9

Consolidated matters: M Lingenfenlder, S du Toit, S Renken, E Taljaard, P Uys, J Du Preez, L Fulscher, J Renken, M Van Der Merwe, E Retief, W Du Preez, S Gresch brought a legislative challenge in respect of sections18(1)(a)(i), 18(1)(b) and 18(2) of the Act.

10

H Matidza instituted action claiming damages as per the judgement in his favour. The RAF appealed the judgement awarding punitive cost against the claims handler.

11

RAF instituted action to recover debt from MSMM Attorneys.

12

RAF instituted action to recover debt from TC Beea.

13

RAF instituted action to recover debt from Ke Yona Business Information Management Solutions.

14

C F Jeftha brought a legislative challenge in respect of sections 19(g) and s 21 of the Act.

15

R & M Combrink brought a legislative challenge in respect of regulation 2(3) to the Act.

16

L Mlenga logded a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to file copies.

17

Towell & Groenewaldt Attorneys instituted action in relation to the RAF Supply Chain Management process.

18

C Degneer brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

19

C Kgoale brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

20

Mac Ndhlovu Attorneys instituted action in relation to the RAF supply chain management process

21

T & N Assessors instituted action claiming damages in relation to a contractual dispute.

22

RAF instituted action against A Ramavhunga to recover debt.

23

RAF instituted action against Mashishi Attorneys to recover debt.

24

RAF instituted action against Meintjes Petzer Attorneys to recover debt.

25

L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act.

26

D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act.

27

J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act.

28

Consolidated matters: MP Mangena,P T Motsena,A A Mbonana,H M Mahlangu,N J Mazibuko,J M Mashibini,F A Khuzwayo, M L Letsoalo, P M De Esclana, N Momberg, N Archary, G J Bothma, N Momberg (Snr), CJ Knight, M J Motloung, S Ngunyula, T J Masuku, R D Molefe, R Werner, A Swanepoel, E Fourie, M M Masenya, PN Majela, MM Madonsela, RE Fereira brought a legislative challenge in respect of regulation 3 & 5 to the Act.

29

N P Fakude and forty-six others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a), and 21 of the Act.

30

Y Chotia brought a legislative challenge in respect of regulation 3 to the Act.

31

Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act.

32

J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

33

M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations.

34

Zahwa

Entertainment instituted action claiming damages in relation to a contractual dispute.

   
 

Legal Unit

 

2015-16

36

A R Fogwill

instituted action claiming damages in relation to a contractual dispute.

37

King & Queen Tour instituted action claiming damages in relation to a contractual dispute.

38

Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute.

39

Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute.

40

Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute.

41

M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

42

B Mbalu brought a labour dispute in respect of unfair dismissal.

43

N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records.

44

R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest.

45

G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest.

46

J M Moyo instituted action claiming damages in relation to a contractual dispute.

47

M Gwebityala instituted action claiming damages in relation to a contractual dispute.

48

M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute.

49

V Khumalo instituted action claiming damages in relation to a contractual dispute.

50

M D Faes instituted action claiming damages in relation to a contractual dispute.

51

M V Netshipale instituted action claiming damages in relation to a contractual dispute.

52

HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute.

53

Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute.

 

2016/17 Financial Year

1

RAF instituted action to recover debt from MSMM Attorneys.

2

RAF instituted action to recover debt from TC Beea.

3

RAF instituted action to recover debt from Ke Yona Business Information Management Solutions.

4

C F Jeftha brought a legislative challenge in respect of sections 19(g) and 21 of the Act.

5

L Mlenga logded a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to file copies.

6

Towell & Groenewaldt Attorneys instituted action in relation to the RAF Supply Chain Management process.

7

C Degneer brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

8

C Kgoale brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act.

9

J S Thokoane & twenty others instituted action claiming damages in relation to a contractual dispute.

10

T & N Assessors instituted action claiming damages in relation to a contractual dispute.

11

RAF instituted action against A Ramavhunga to recover debt.

12

RAF instituted action against Mashishi Attorneys to recover debt.

13

RAF instituted action against Mabunda Attorneys to recover debt.

14

RAF instituted action against Meintjes Petzer Attorneys to recover debt.

15

L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act.

16

D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act.

17

J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act.

18

Consolidated matters: MP Mangena,P T Motsena,A A Mbonana,H M Mahlangu,N J Mazibuko,J M Mashibini,F A Khuzwayo, M L Letsoalo, P M De Esclana, N Momberg, N Archary, G J Bothma, N Momberg (Snr), C J Knight, M J Motloung, S Ngunyula, T J Masuku, R D Molefe, R Werner, A Swanepoel, E Fourie, M M Masenya, PN Majela, MM Madonsela, RE Fereira brought a legislative challenge in respect of regulation 3 & 5 to the Act

19

N P Fakude and forty-six others and Thokoane & twenty others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

20

Y Chotia brought a legislative challenge in respect of regulation 3 to the Act.

21

Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act.

22

G W De Waal brought a legislative challenge in respect of regulation 3 to the Act.

23

J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act

24

M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations.

28

Zahwa

Entertainment instituted action claiming damages in relation to a contractual dispute.

26

W J Mkhonza & Associates

instituted action claiming damages in relation to a contractual dispute.

27

A R Fogwill

instituted action claiming damages in relation to a contractual dispute.

28

King & Queen Tour instituted action claiming damages in relation to a contractual dispute.

29

Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute.

30

Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute.

31

Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute.

32

M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

33

B Mbalu brought a labour dispute in respect of unfair dismissal.

34

N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records

35

R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest.

36

G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest.

37

J M Moyo instituted action claiming damages in relation to a contractual dispute.

38

M Gwebityala instituted action claiming damages in relation to a contractual dispute.

39

M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute.

40

V Khumalo instituted action claiming damages in relation to a contractual dispute.

41

M D Faes instituted action claiming damages in relation to a contractual dispute.

42

M V Netshipale instituted action claiming damages in relation to a contractual dispute.

43

HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute.

44

Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute.

 

2017/18 Financial Year

1

Bokwa Attorneys instituted action claiming damages in relation to a contractual dispute.

2

Mohlala Attorneys instituted action claiming damages in relation to a contractual dispute.

3

F Schutte Attorneys instituted action claiming damages in relation to a contractual dispute.

4

L E Lopedi Ford brought a legislative challenge in respect of sections 17, 17(A) and 26 of the Act.

5

F Galant brought a legislative challenge in respect of sections 17, 17(A) and 26 of the Act.

6

M Venter brought a legislative challenge in respect of sections 17(1), 17(4)(a), (c), (A) and (B) of the Act.

7

Salani Marketing & Projects instituted action claiming damages in relation to a contractual dispute.

8

Adv. N Krige instituted action claiming damages in relation to a contractual dispute.

9

AN Jamotte instituted action claiming damages in relation to a contractual dispute.

10

Askew Grindlay Attorneys instituted action claiming damages in relation to a contractual dispute.

11

L Grundling instituted action claiming damages in relation to a contractual dispute.

12

TR &S Pillay instituted an action claiming damages in relation to an alleged wrongful arrest.

13

K Malao Attorneys instituted action claiming damages in relation to a contractual dispute.

14

TB Nsibande instituted an action claiming damages in relation to an alleged wrongful arrest.

15

Van Zyl Le Roux Inc & Grimbeek Van Rooyen Inc instituted action claiming damages in relation to a contractual dispute.

16

N N Ndamse instituted action claiming damages in relation to a contractual dispute.

17

Synko Projects (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

18

JN Chiliza instituted action challenging the principle of litis contestatio.

19

Mac Ndhlovu Attorneys instituted a further action in relation to the RAF supply chain management process.

20

J S Thokoane & twenty others instituted action claiming damages in relation to a contractual dispute.

21

T & N Assessors instituted action claiming damages in relation to a contractual dispute.

22

RAF instituted action against A Ramavhunga to recover debt.

23

RAF V Mashishi Attorneys recovery of debt.

24

RAF instituted action against Mabunda Attorneys to recover debt.

25

L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act.

26

D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act.

27

J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act.

 

Consolidated matters: M L Letsoalo, N Momberg, T J Masuku, M M Masenya brought a legislative challenge in respect of regulation 3 & 5 to the Act

28

N P Fakude and forty-six others and Thokoane & twenty others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

29

Y Chotia brought a legislative challenge in respect of regulation 3 to the Act.

30

Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act.

31

G W De Waal brought a legislative challenge in respect of regulation 3 to the Act.

32

J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act.

33

M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations.

34

Zahwa

Entertainment instituted action claiming damages in relation to a contractual dispute.

35

W J Mkhonza & Associates

instituted action claiming damages in relation to a contractual dispute.

36

A R Fogwill

instituted action claiming damages in relation to a contractual dispute.

37

King & Queen Tour instituted action claiming damages in relation to a contractual dispute.

38

Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute.

39

Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute.

40

Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute.

41

M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute.

42

B Mbalu brought a labour dispute in respect of unfair dismissal.

43

N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records

44

R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest.

45

G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest.

46

J M Moyo instituted action claiming damages in relation to a contractual dispute.

47

M Gwebityala instituted action claiming damages in relation to a contractual dispute.

48

M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute.

49

V Khumalo instituted action claiming damages in relation to a contractual dispute.

50

M D Faes instituted action claiming damages in relation to a contractual dispute.

51

M V Netshipale instituted action claiming damages in relation to a contractual dispute.

52

HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute.

53

Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute.

 

Corporate Secretariat

 

2017/18 Financial Year

1

Dr. T Kommal initiated a governance dispute in respect of governance.

2

Dr. T Kommal initiated a governance dispute in respect of governance.

3

Dr. T Kommal initiated a governance dispute in respect of governance.

 

Employee Relation Unit

 

2015/16 Financial Year

1

C. Maswanganye instituted an unfair labour practice dispute in respect of demotion.

2

Z. Nduneni instituted an unfair labour practice dispute in respect of constructive dismissal.

3

L. Mashilo instituted an unfair labour practice dispute in respect of benefits.

4

SATAWU on behalf of Mahlotja and three others instituted an unfair labour practice dispute in respect of promotion

5

SATAWU on behalf of five others instituted an unfair labour practice dispute in respect of benefits.

6

SATAWU obo Noxolo Ntongolo instituted an unfair labour practice dispute in respect of unfair dismissal.

7

R. Johnson instituted an unfair labour practice dispute in respect of promotion.

8

D. Chelopo instituted an unfair labour practice dispute in respect of unfair dismissal.

9

D. Golele instituted an unfair labour practice dispute in respect of unfair dismissal.

10

M. Moseneke instituted an unfair labour practice dispute in respect of unfair dismissal.

11

SATAWU obo of S. Munsammy instituted an unfair labour practice dispute in respect of promotion.

12

L. Pillay instituted an unfair labour practice dispute in respect of promotion.

13

P. Motswiri instituted an unfair labour practice dispute in respect of suspension.

14

D. Lekganyane instituted an unfair labour practice dispute in respect of unfair dismissal.

15

T. Mafanya instituted an unfair labour practice dispute in respect of unfair dismissal.

16

L. Myataza instituted an unfair labour practice dispute in respect of unfair dismissal.

17

P. Kgosiyadira instituted an unfair labour practise dispute in respect of benefits.

18

B. Mbalu instituted an unfair labour practice dispute in respect of misconduct and incompatibility.

19

G Mahlangu instituted an unfair labour practice dispute in respect of unfair dismissal.

20

K. Maitisa instituted an unfair labour practice dispute in respect of dismissal on misconduct and dishonesty.

21

W. Mokubyane

instituted an unfair labour practice dispute in respect of Task Grading.

22

D. Mokolobate

instituted an unfair labour practice dispute in respect of review of CCMA award.

23

P. Mathebula & B. Mankwane

instituted an unfair labour practice dispute in respect of review of CCMA award.

24

Moseneke and other

instituted an unfair labour practice dispute in respect of review of CCMA award on condonation.

25

 
 

2016/17 Financial Year

1

P Hlungwani instituted an unfair labour practice dispute in respect of demotion.

2

D Maluleke instituted an unfair labour practice dispute in respect of demotion.

3

SATAWU obo Ngwenyama and four others instituted an unfair labour practice dispute in respect of benefits.

4

SATAWU obo Sabasa, Johanna and eight others instituted an unfair labour practice dispute in respect of benefits.

5

M. Jozana instituted an unfair labour practice dispute in respect of equal pay for equal work of value.

6

T Mazibuko instituted an unfair labour practice dispute in respect of constructive dismissal.

7

A. Lenders instituted an unfair labour practice dispute in respect of constructive dismissal

8

M Sibanyoni instituted an unfair labour practice dispute in respect of unfair dismissal.

9

R Mapumulo instituted an unfair labour practice dispute in respect of unfair dismissal.

10

SATAWU obo Mfanafuthi Dlamini instituted an unfair labour practice dispute in respect of unfair dismissal.

11

D. Creighton instituted an unfair labour practice dispute in respect of unfair dismissal.

12

T Magoro instituted an unfair labour practice dispute in respect of unfair dismissal.

13

T Magoro instituted an unfair labour practice dispute in respect of unfair dismissal.

14

S Gona instituted an unfair labour practice dispute in respect of promotion.

15

SATAWU on behalf of Mahlomotja and three others instituted an unfair labour practice dispute in respect of promotion.

16

Xolisa Mgqamqo instituted an unfair labour practice dispute in respect of unfair dismissal.

17

P. Ramdial instituted an unfair labour practice dispute in respect of disciplinary action short of dismissal.

18

SATAWU obo L. Matodzi instituted an unfair labour practice dispute in respect of constructive dismissal.

19

L. Peter instituted an unfair labour practice dispute in respect of unfair dismissal.

20

G. Qobeka instituted an unfair labour practice dispute in respect of unfair dismissal.

21

L. Peter instituted an unfair labour practice dispute in respect of unfair dismissal.

 

2017/18 Financial Year

1

A Mhlauli instituted an unfair labour practice dispute in respect of unfair dismissal.

2

SATAWU obo members instituted an unfair labour practice in respect of disciplinary action short of dismissal.

3

NUMSA obo members instituted a dispute in relation to a collective agreement.

4

NUMSA obo members instituted an unfair labour practice dispute in respect of benefits.

5

J. Matimela instituted an unfair labour practice dispute in respect of constructive dismissal.

6

N. Ntambi instituted an unfair labour practice dispute in respect of unfair dismissal.

7

L. Gxanashe instituted an unfair labour practice dispute in respect of unfair dismissal.

8

M. Mphupu instituted an unfair labour practice dispute in respect of unfair dismissal.

9

L. Moima instituted an unfair labour practice dispute in respect of unfair dismissal.

10

Z. Dangwana instituted an unfair labour practice dispute in respect of unfair dismissal.

11

A. Motsamai instituted an unfair labour practice in respect of disciplinary action demotion.

12

M. Seku instituted an unfair labour practice dispute in respect of benefits.

13

B. Mkhwanazi instituted an unfair labour practice dispute in respect of promotion.

14

SATAWU obo Sebenzile Mlaza instituted an unfair labour practice dispute in respect of promotion.

15

R. Mokgoko instituted an unfair labour practice dispute in respect of benefits.

16

P Ngwasheng instituted an unfair labour practice in respect of disciplinary action.

17

NUMSA instituted an unfair labour practice dispute in respect of dispute of mutual interest.

18

M. Mushi instituted an unfair labour practice dispute in respect of deduction.

19

Kalaivani Pillay instituted an unfair labour practice dispute in respect of dispute of mutual interest.

20

SATAWU obo Farisan Nzumbululo instituted an

unfair labour practise in respect of disciplinary action.

21

SATAWU obo G Songezo instituted an unfair labour practise dispute in respect of unfair dismissal.

22

SATAWU obo Nonjongo instituted an arbitration unfair dismissal.

23

NUMSA obo Gcanabana

instituted an unfair labour practise dispute in respect of unfair dismissal.

24

L Majela brought instituted an unfair labour practice dispute in respect of disciplinary action.

25

M Mabelebele instituted an unfair labour practice dispute in respect of promotion.

L Pretorius instituted an unfair labour practice dispute in respect of disciplinary action.

26

 

27

L Boihang instituted an

unfair labour practise dispute in respect of unfair dismissal.

28

Z Abrahams instituted an unfair labour practice dispute in respect of promotion.

29

SATAWU obo Rathipa and nine others instituted an unfair labour practice dispute in respect of disciplinary action.

30

L. Matodzi instituted an unfair labour practice dispute in respect of unfair dismissal.

SANRAL

Questions 1-3

Please refer to Annexure A attached to this letter. All matters which are highlighted in grey in the annexure, relates to both the High (referred to as Pilot 2 matters) and Magistrate (referred to as Pilot 1 matters) Court actions which Sanral has instituted for e-toll debt.

Question 4

Financial Years

Actual Budget

Actual Spent

2015/2016

R 5 135 400.00

R 27 584 699.53

2016/2017

R 25 362 588.00

R 22 729 860.24

2017/2018

R 23 743 988.00

R 26 430 688.81