Questions & Replies: Questions & Replies No 1 to 50

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2008-11-26

[PMG note: Any gaps in the numbering are due to the replies not being provided yet]

QUESTION 1

ORAL REPLY

DATE OF PUBLICATION: TUESDAY, 19 FEBRUARY 2008

INTERNAL QUESTION PAPER NO.: 3-2008

MR P J GROENEWALD (FF PLUS) TO ASK THE MINISTER OF DEFENCE

Whether the anti-aircraft canon which caused the death of nine soldiers at Lohatla was fitted with safety-pins (stoppers); if not, why not; if so,

whether the pins were in position at the time of the accident; if not, why not?

-------ooo0ooo------- N024E

REPLY

First of all I do need to draw the attention to the fact that hon Groenewald's question speaks of the safety pins. I am not sure exactly what that refers to because as it will be seen from the information that has been tabled before the House, the equipment that we were dealing with is called spring pins. So I don't know whether he intended spring pins or something else.

The report before the House relates to the matter of the nine members of the National Defence Force who were injured at Lohatla. The finding of the investigation is that a critical failure occurred on Gun 124 when the interface between the hand or motor actuator selector lever and the traverse gearbox broke during the engagement. This was caused by a spring pin that sheared and disengaged the control mechanism and rendered the gun uncontrollable when it was fired. That was mechanical cause of the accident. The spring pin itself is not a mechanism to keep the gun firing in the direction in which it was firing. What did happen is that as it broke, it caused the gun to loose control of itself and therefore turn, swung to the left, and then in that 15 seconds or so, it shot and killed the people involved.

The mechanical failure was caused by these spring pins. If you speak about safety pins, that might suggest a pin that is manually managed by the operator. On the other hand this spring pin is the unit of the gun that is inside and is not touched by any human operation.

The finding that has been made further is that the necessary maintenance of these guns had been done assiduously over the years.

But the third finding is that the original equipment manufacturer did not include and does not include in their manual, to date, any provision that in the servicing of the gun this particular spring pin is to be checked as part of servicing.

Although we now are in possession of information or the board found that the gun had failed in another country without causing loss of life but it had failed, as the result of the same spring pin.

The original equipment manufacturer did not advise South Africa that they had found that this equipment has got the shortcoming. They did not advise South Africa right up until when this accident had happened. That of course raises the issue that the matter cannot rest there and, in terms of this discussion, one has to be cautious what one can assert or not because it is not unlikely that the matter may end up in legal suits. I say only to the House that the SA National Defence Force had consistently stuck to the manual supplied by the original equipment manufacturer assiduously attended to the upgradings and that the only cause of these was its mechanical failure which the National Defence Force could not have anticipated as they had not been advised of anything by the equipment manufacturer.

QUESTION NO.: 2

DATE OF PUBLICATION: 19 FEBRUARY 2008

Dr J T Delport (DA) to ask the Minister for Justice and Constitutional Development:

(1) Whether, in light of the possible disbanding of the Directorate of Special Operations (Scorpions), her department has proposed any measures to ensure that current and future criminal cases currently managed by the Scorpions are not compromised, delayed or halted as a result of the possible disbanding deadline of June 2008; if not, why not; if so, what measures;

(2) whether any steps have been taken to ensure that (a) the integrity of confidential information such as witness (i) contact details and (ii) statements are maintained and (b) all (i) computers, (ii) files, (iii) systems and (iv) records currently under the control of the Scorpions are not lost, mislaid, stolen or copied during its possible disbanding; if not, why not; if so, what steps?

NO589E

REPLY

The relocation of the Directorate of Special Operations' (DSO's) investigative capacity to the South African Police Service will be effected through legislation, providing for the required transitional provisions, including a joint mechanism of senior officials of the South African Police Service, the National Prosecuting Authority and the Department of Justice and Constitutional Development.

These officials will ensure that all interests relating to personnel, equipment, cases under investigation, as well as the interests of justice, security of information and witnesses and law enforcement are being addressed during the said relocation.

QUESTION NO 3

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Mrs C Dudley (ACDP) to ask the Minister of Safety and Security:

Whether the SA Police Service has any pro‑active strategies to remove illegal firearms from society before they are used for violent activities; if not, why not; if so, (a) what strategies and (b) what are the further relevant details?

NO591E

REPLY:

Gun violence is one of the biggest problems we have as a country. Guns are used in most aggravated organised robberies. Police records for the 2006/07 Financial Year indicate that of the 19 202 murders committed during that period approximately 7 681 of them were people who had been gunned down in armed robberies, crimes of passion or as a consequence of suicide. The firearms used to take human life were both legal and illegal. Those gun‑related murders are about 40% of the murders for that period, which indicates a drop when compared to previous years where the figure of gun deaths was more than 50% of the murders.

The main thrust of the Firearms Control Act is to address, in an exhaustive way, the scourge of gun violence by removing from society the illegal pool of firearms and to ensure effective control over firearms that are owned legally by individuals and the State.

(a) There are two measures we use to curb the flow of illegal guns in the country. The first one is confiscations that happen within the ambit of police raids, road blocks, integrated anti‑crime operations, cordon and search and cross‑border operations as joint work between the police services of the SADC region. Criminal investigations, which are intelligence driven, have also unearthed many illegal guns.

(b) For 12 months between April 1, 2003 and March 31, 2004, we had in place Operation Sithunya, whose intention was to search for and confiscate illegal firearms. The operation netted 23 932 guns and a total of 1 679 940 rounds of ammunition. Further action between April 1, 2004 and the end of December last year, uncovered and confiscated 89 798 illegal firearms.

We have also used amnesty for the illegal possession of firearms. A firearms amnesty was declared for six months between January 1 and June 30, 2005. During that period 33 823 illegal firearms and 608 794 rounds of ammunition were handed in.

In the final analysis, 123 631 illegal firearms were collected between April 1, 2003 and December last year.

QUESTION NO.: 4

DATE OF PUBLICATION: 19 FEBRUARY 2008

Dr J T Delport (DA) to ask the Minister for Justice and Constitutional Development:

(1) Whether, with regard to the allegations of possible interference into the charges laid against the National Police Commissioner Mr Jackie Selebi and the claims by the National Prosecuting Authority that they feared political fallout as a result of their decision to prosecute the said person, her department has any policies on limiting and/or controlling interference in the judicial process as far as prosecution is concerned; if not, why not; if so, what are the relevant details;

(2) whether these policies (a) are properly implemented and (b) will come under review for further development in the near future; if not, why not; if so, what are the relevant details in each case?

NO592E

REPLY

As the Member is quite aware, the relationship between the Minister and the NDPP is regulated by the Constitution, the NPA Act and various other pieces of legislation. In terms of the Constitution, the NDPP and the Minister is obliged to adopt a prosecuting policy. This was done and was also processed through Parliament. At all relevant times I have, in my relationship with the NDPP, conducted myself strictly within the confines of the law.

QUESTION NO 5

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Ms D Kohler‑Barnard (DA) to ask the Minister of Safety and Security:

(1) Whether, in light of the possible disbanding of the Directorate of Special Operations (Scorpions), his department has proposed any measures to ensure that current and future criminal cases currently managed by the Scorpions are not compromised, delayed or halted as a result of the possible disbanding deadline of June 2008; if not, why not; if so, what measures;

(2) whether any steps have been taken to ensure that (a) the integrity of confidential information such as witness (i) contact details and (ii) statements are maintained and (b) all (i) computers, (ii) files, (iii) systems and (iv) records currently under the control of the Scorpions are not lost, mislaid, stolen or copied during its possible disbanding; if not, why not; if so, what steps?

NO594E

REPLY:

(1) and (2)

The amalgamation of the Directorate of Special Operations' (DSO's) with the South African Police Service will be effected through legislation, providing for the required transitional provisions, including a joint mechanism of senior officials of the South African Police Service, the National Prosecuting Authority and the Department of Justice and Constitutional Development.

The process will ensure that all interests relating to personnel, equipment, cases under investigation, as well as the interests of justice, security of information and witnesses and law enforcement are addressed during the amalgamation.

QUESTION 6

ORAL REPLY

DATE OF PUBLICATION: TUESDAY, 19 FEBRUARY 2008

INTERNAL QUESTION PAPER NO.: 3-2008

MOULANA M R SAYEDALI-SHAH (DA) TO ASK THE MINISTER OF DEFENCE

Whether, with regard to the crash of the Pilatus MKII in January 2008, his department has conducted any investigation into the possible intrinsic or technical faults of the aircraft which may account for the high number of crashes; if not, why not; if so, what were the findings of the investigation;

why was it necessary for the aircraft to travel from one base to another in order to undergo routine maintenance rather than being maintained at the Test Flight and Development Centre;

whether his department is planning to undertake a review of the Pilatus to examine its suitability for training use, state of repair and state of readiness; if not, why not; if so, what are the relevant details?

-------ooo0ooo------- NO595E

REPLY

The crash of Astra 2044 on 15 January 2008 is still under investigation by the Directorate Aviation Safety. The preliminary investigation has shown that there was no technical failure that could have caused the accident. The final report is being prepared. Referral to the high number of crashes is not clear as only one other aircraft crash occurred on 9 May 2005 and the findings of board concluded that it was not caused by a technical failure.

Aircraft only travel from Test Flight and Development Centre to 2 Air Servicing Unit at Air Force Base Langebaanweg for an annual servicing because a higher-level maintenance facility is required to execute this specific servicing. Technical personnel at Test Flight and Development Centre do normal maintenance and repair on the aircraft as and when required.

The Pilatus MKII is found to be the most suitable aircraft for advanced military flight training. The aircraft is maintaining a high level of serviceability although the avionic suite needs to be replaced. Replacement of the avionic suite will extend in service life with 15 years

QUESTION NO: 7

QUESTION PAPER NO 8: 11 AUGUST 2009

DATE SUBMITTED: 19 AUGUST 2009

MR J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

Whether her department's contract with the Special Investigating Unit has been renewed; if not, (a) why not, (b) what were the reasons for terminating it, (c) when was it terminated and (d) at what cost; if so, (i) when, (ii) for what reason, (iii) for what length and (iv) at what cost? NO833E

REPLY

The department's contract with the Special Investigating Unit has not yet been renewed.

(a) Both the Department of Correctional Services and the Special Investigating Unit are currently engaged on the subject of its renewal.

(b) The contract has reached the end of its life.

(c) The contract lapsed on 31 March 2009.

(d) The total cost of the contract was R35, 515, 063.50. There were no extra costs incurred.

From time to time the SIU submitted recommendations on cases and these recommendations on completed cases are being implemented. Information on these is available in the department.




QUESTION NO.: 8

DATE OF PUBLICATION: 19 FEBRUARY 2008

Mr L K Joubert (DA) to ask the Minister for Justice and Constitutional Development:

(1) Whether the suspended National Director of Prosecutions Mr Vusi Pikoli is receiving his full salary pending the outcome of the Ginwala Commission; if not, why not; if so, what are the relevant details;

(2) whether his legal expenses resulting from the investigation of the Ginwala Commission is being paid by the Government; if so, what are the relevant details; if not,

(3) whether the Government will contemplate paying for his legal costs in the future; if not, why not; if so, what are the relevant details?

NO597E

REPLY

(1) Yes, the suspended National Director of Public Prosecutions is being remunerated in full.

(2) Yes, a decision was taken on 2 October 2007 that the legal fees for the representation of Adv. V P Pikoli will be paid by the NPA.

(3) Falls away.

QUESTION NO 9

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2007

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Mr M Waters (DA) to ask the Minister of Safety and Security:

(a) What are the reasons for the (i) Olifantsfontein Police Station not having any bullet‑proof vests and the (ii) Bedforview detectives short of bullet‑proof vests, (b) on what date (i) did each of the above stations submit their requests for bullet‑proof vests and (ii) will the bullet‑proof vests be delivered and (c) who is responsible for the delay in delivering these vests?

NO598E

REPLY:

There are two elements to the South African Police Service's policy on the supply of bullet‑proof vests. The first is that every functional member of the service should must be supplied with bullet‑proof vests that become part of their personal equipment. The second is that, every police official who goes out on operational deployments must wear bullet‑proof vests. A certain number of bullet‑proof vests is kept at police stations for emergencies.

It is incorrect to suggest that there are bullet‑proof vest shortages at the two stations raised in this question. The situation there is as follows:

(a)(i) The Olifantsfontein Police Station has 55 functional members and 54 bullet‑proof vest.

(a)(ii) There are 96 functional members at the Bedfordview Police Station. The station has a total of 137 bullet‑proof vests.

(b)(i)+(ii) Olifantsfontein Police Station did not submit a request for additional bullet‑ proof vests. Whereas the Bedfordview Police Station submitted a request for 27 additional bullet‑proof vests on 6 December 2007 the order was not honoured given that they have adequate supplies.

(c) The question is irrelevant.

QUESTION NO. 11

DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO. 3/2008)

(FOR REPLY IN THE NATIONAL ASSEMBLY ON 27 FEBRUARY 2008)

NO600E

Ms SJ Loe (DA) to ask the Minister for Intelligence:

Whether, since 1994, any public representative in any sphere of government had their (a) cellular and/or (b) land lines tapped; if so, (i) what are their names, (ii) for what period did the bugging take place and (iii) on what grounds was bugging authorized;

Whether permission was (a) sought and (b) granted by the courts in each case; if not, why not; if so, who gave such authorization in each case?

REPLY:

The National Intelligence Agency, in the usual course of its operations, does not confirm or deny the identity of targets, sources or methods of operation. The confidentiality of these issues is protected by the Intelligence Services Act, 2002 which obliges the Director General to protect this information.

On this basis, I am therefore unable to respond to the question as it is of an operational and sensitive nature which cannot be dealt with in the National Assembly. The appropriate forum to discuss such matters is the Joint Standing Committee on Intelligence via in this case the honourable member's party representative on this Committee, Adv Paul Swart.

Interception of communication is governed by the Interception and Monitoring Prohibition Act, 1992 (Act 127 of 1992) as well as the Regulation of Interception and Provision of communication related Information Act, 2002 (Act 70 of 2002). Both these Acts provide for certain requirements to be met before any person could have his/her communications intercepted.

One such control is that a designated Judge has the responsibility to authorize an interception if he/she is convinced that an offence has been or is being or will be committed, and that the offence cannot be investigated by a ny other method.

I further wish to assure the honourable member that the Services have embarked on a Civic Education Programme, which comprises training, internal debates and other activities that focuses on the Constitutional obligations placed on the Intelligence Services. These obligations demand compliance with our laws, including international law. Concurrent to this programme is a review of the legislation, policies and operational procedures of the Services.

QUESTION NO 13

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Mr R J King (DA) to ask the Minister of Safety and Security:

(1) Who took the decision to arrest a certain person (name furnished);

(2) whether the SA Police Service breached procedure when it failed to inform the acting National Director of Public Prosecutions when it arrested a prosecutor of the National Prosecuting Authority; if not, why was this procedure breached;

(3) whether the said police commissioner was informed of the impending arrest; if not, why not; if so, what are the relevant details?

NO602E

REPLY:

(1) The investigating officer executed a warrant of arrest and warrant for the search and seizure of exhibits, issued by a Pretoria Magistrate, in respect of the person whose name was furnished.

(2) No.

(3) No. The investigating officer indicated that he did not deem it necessary.

15. MRS S A SEATON (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(1) Whether his department has concluded its investigation into the murder of a certain person (Mr. Jacobus Erasmus Horn, Persal number 12814415) at a certain hospital (Groote Schuur) on 14 March 2005; if not, (a) why not and (b) when will the investigation be concluded; if so, what were the main findings of the investigation;

(2) whether any personnel of his department were found to have been negligent in the execution of their duties during the incident leading to the said person's death; if so, what steps have been taken against the relevant person(s)?

REPLY

(1) (a) Yes, the investigation was completed on the 24th of June 2005

(b) The main findings of the investigation were:

That offender (Lunga Luke) was escorted to Groote Schuur Hospital by the Emergency Support Team (EST) members for a medical appointment.

Four (4) members escorted the offender in a panel van and sedan vehicle to the Hospital.

The members were in possession of bullet proof vests, but did not wear them while escorting of the Offender.

That the members were issued with 9mm pistols and an R4 rifle.

That Offender (Luke) was under the direct supervision of Messrs. Horn and Hendricks inside the waiting / reception area of the Hospital.

Mr. Hendricks was shot in his arm and the bullet went through his stomach.

One of the attackers was carrying an AK47 rifle and was firing shots at them.

Mr. Horn was shot and received emergency treatment at the Hospital but later died because of the injuries sustained.

That the officials prevented the Awaiting Trial Detainee to be freed by unknown attackers.

The incident was also criminally investigated by SAPS.

Awaiting trial detainees are admitted with limited information on their committal warrant.

(2) Eight members were disciplinarily charged of which were found guilty and received serious written warnings. Another three officials had their case withdrawn, one was acquitted, one was dismissed on another unrelated case and one passed away before the finalization of the case.

QUESTION NO: 15

QUESTION PAPER NO 8: 11 AUGUST 2009

MR V G SMITH (ANC) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(a) What measures are in place to reduce backlogs in court processes?

(b) what other alternatives are in place to release awaiting trial detainees who cannot afford bail,

(c) what is the progress regarding ten correctional centres earmarked for conversion to remand detention facilities and

(d) when will ATD be transferred to these facilities? NO843E

REPLY

(a) The responsibility with regard to (a) does not lie with DCS but with DoJCD.

(b) The Department of Correctional Services utilizes the following Sections of the Criminal Procedure Act (Act no 51 of 1977) to release awaiting trial detainees who cannot afford bail.

§ Section 62 (f) of the Criminal Procedure Act, 1977 (Act No 51 of 1977):

The section makes provision for placement of awaiting trial persons under the supervision of a correctional official as a condition of bail. All Heads of Correctional Centres and Heads of Community Corrections must market these placement options vigorously by engaging in constructive negotiations with all relevant stakeholders such as Department of Justice, South African Police Services, and Community-based organisations.


§ Section 63(1) of the Criminal Procedure Act, 1977

The section makes provision that the accused/ prosecutor may make an application to the court to reduce the amount of bail that was set by the relevant court. Awaiting Trial Detainees are informed of these provisions and assisted to make such application to the court.

§ Section 63 A of the Criminal Procedure Act, 1977

The section makes provision that the Head of a Correctional Centre may approach the relevant court to release an accused on warning in lieu of bail or to amend the bail conditions imposed by that court when the offender population of a particular correctional centre is reaching such proportions that it constitutes a material and imminent threat to the human dignity physical health or safety of an accused. (Only applicable to those accused offences such as public violence, culpable homicide, bestiality, assault, arson, housebreaking, malicious injury to property, robbery etc, as contained in Schedule 7 of the above-mentioned Act).

§ Section 71 of the Criminal Procedure Act, 1977

The section makes provision for placement of awaiting trial person under the age of 18 years who is in custody, instead of being released on bail, be placed under the supervision of a correctional official. All Heads of Correctional Centres and Heads of Community Corrections market these placement options vigorously by engaging in constructive negotiations with all relevant stakeholders such as Department of Justice, South African Police Services, and Community-based organisations. Awaiting Trial Detainees and/or their legal representatives are informed of these provisions and assisted to make such application to the court.

§ Section 72(1) of the Criminal Procedure Act, 1977

The section makes provision for awaiting trial persons to be released and placed under the supervision of a correctional official in terms of Section 62(f) and warns them to appear before the court instead of bail.


§ Section 105A of the Criminal Procedure Act, 1977

DCS markets the section of Plea bargain to ATDs. ATDs who are willing to utilize the section submit their applications which are then submitted to the courts for handling.

DCS keep a record of applications submitted with regard to the above-mentioned Sections of the Criminal Procedure Act including the outcomes.

(c) There are eleven (11) existing correctional centers earmarked for conversion to remand detention facilities. The Commissioner of DCS approved that an in-depth costing analysis be carried out to determine the feasibility of refurbishing these existing facilities. The analysis will be used to request National Treasury for funding for the refurbishment project. The assistance of NDPW has been requested to project manage a team of consultants to carry out the cost analysis. This analysis is expected to be finalized in the current financial year.

(d) Status of transfers to these facilities.

REGION

CORRECTIONAL CENTRE

COMMENTS/REASONS

COMPLETION

DATE

Free State & Northern Cape

Grootvlei

ATDs : 1189

Sentenced : 457

This centre will always have sentenced offenders as it is used as an Admission Centre.

completed

Gauteng

Pretoria Local

ATDs : 3980

Sentenced : 112

completed

Johannesburg Medium A

ATDs : 6083

Sentenced : 142

completed

Modderbee

ATDs : 2246

Sentenced : 3310

This centre will operate as 2 facilities because of the large number of both sentenced and ATDs.

completed

REGION

CORRECTIONAL CENTRE

COMMENTS/REASONS

COMPLETION

DATE

Boksburg

ATDs : 2097

Sentenced : 2003

This centre will operate as 2 facilities because of the large number of both sentenced and ATDs.

completed

KwaZulu-Natal

Pietermaritzburg

ATDs : 254

Sentenced : 1371

This centre will operate as 2 facilities because of the large number of both sentenced and ATDs.

completed

Westville Medium A

ATDs : 3467

Sentenced : 115,

completed

Limpopo Mpumalanga & North-West

Potchefstroom

ATDs : 433

Sentenced : 601

In process of moving sentenced offenders, there is insufficient bed space at other centers currently to move the sentenced offenders at once.

Expected to be completed by end of 2009.

Western Cape

Pollsmoor

ATDs : 4638

Sentenced : 844

This centre will always have sentenced offenders as it is used as an Admission Centre.

completed

Eastern Cape

St Albans Medium A

ATDs : 2278

Sentenced : 50

completed

Mthatha Medium

ATDs : 1082

Sentenced : 62

completed

Note: All ATD facilities have limited number of sentenced offenders to assist with house keeping (cleaning, kitchen etc.)

QUESTION NO 16

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Mr M A Mncwango (IFP) to ask the Minister of Safety and Security:

Whether current members of the Directorate of Special Operations will retain their existing conditions of employment when the unit is incorporated into the SA Police Service; if not, why not; if so, what are the relevant details?

NO605E

REPLY:

The relocation/transfer of members of the Directorate of Special Operations (DSO) will be done according to legal principles of the labour law, which, amongst other, protect employees against a unilateral reduction in salary.

QUESTION NO 17

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Mr M A Mncwango (IFP) to ask the Minister of Safety and Security:

Whether the SA Police Service has a comprehensive national school education programme to educate learners about the dangers of crime, carrying dangerous weapons to school and substance abuse; if not, why not; if so, what are the relevant details?

NO606E

REPLY:

SAPS does not have its own comprehensive national school education programme to educate learners on the dangers of crime, the carrying of dangerous weapons to school and substance abuse. The School curriculum of the Department of Education includes life skills education, which also deals with crime and safety related matters. SAPS supports the programme in the following ways:

• SAPS and the Department of Education co-operated to develop the Signposts for Safe Schools, a resource handbook for educators, learners and school communities addressing common threats to the safety of schools and learners including, drugs, bullying, weapons and sexual abuse. SAPS also worked with the National Department of Education to arrange workshops on school safety in every province to introduce the Signposts for Safe Schools.

• SAPS makes members available to work with schools on safety issues and also to talk to learners about safety, for example, as part of the Adopt a Cop programme and sector policing programmes. This includes SAPS members with specific training to talk about, for example, drug abuse.

• In the Tshwane District Municipality, SAPS assisted the Local Drug Action Committee to train stakeholders including educators, SAPS members and prosecutors to address the scourge of drug abuse in an integrated manner, focussing also on drug education in schools.

• SAPS produces information material that can be used in schools life skills programmes, for example school diaries with specific information for learners and educators, pamphlets on firearms safety, children's rights, Domestic Violence, Sexual Offences and drugs.

• SAPS includes schools in its community outreach and public awareness programmes arranged at station, provincial and national level. Schools are invited to participate in such events as key stakeholders.

• The National Department of Education engaged with the National Community Policing Consultative Forum, to mobilise all CPF's and communities to work closely with the schools in their communities on school safety matters. An agreement in this regard was reached in 2007 and will continue to be pursued in Community Policing Programmes in 2008.

QUESTION NO.: 18

DATE OF PUBLICATION: 19 FEBRUARY 2008

Mr J H van der Merwe (IFP) to ask the Minister for Justice and Constitutional Development:

(1) What is the current (a) civil and (b) criminal case backlogs in (i) high courts, (ii) regional courts and (iii) magistrates' courts;

(2) whether these backlogs have decreased in the past year; if not; why not; if so, by how much?

NO607E

REPLY

Before responding directly to the question, I intend providing some perspective to the eventual response. Without this background, facts and figures or statistics are meaningless.

We need to acknowledge that there has been unprecedented economic growth in the country since 1994. During his Budget speech in Parliament last year, President Mbeki told Parliament that South Africa' s rate of growth has remained at a steady high level for longer than ever before in our history. Without fear of contradiction, President Mbeki remarked as follows:

"Check with all these experts and you will discover that they know what most South Africans know, that by September this year (2007), the South African economy will have been growing for eight solid years, longer than ever before in the recorded economic history of our country".

Inevitably increased economic activity gave rise to disputes arising from commercial activity. The increased commercial activity has been felt in our courts which have seen an increase in volumes of cases lodged and straining our capacity to settle such cases. Nevertheless, a significant number of commercial disputes are settled in our courts.

Numerous interventions have been undertaken to improve the efficiency of our court system. I mention a few:

(i) We are in the process of re-engineering our small claims courts to increase the efficiency of small claims courts to the benefit largely of the poor. We have an agreement with the Swiss Agency for Development and Cooperation to establish and capacitate a network of small claims court for all communities.

(ii) The re-demarcation of magisterial districts, which is nearing completion, will bring about meaningful change in the lives of ordinary people by increasing the possibility of access to courts.

(iii) The Information Technology infrastructure has been installed in almost all courts. This should enable our courts to perform better in both civil and criminal matters.

(iv) We have embarked on a review of the Criminal Justice System. This enables us to establish meaningful interventions, for example, the "Case Backlog Project". We have indentified 27 sites as pilot areas. These 27 courts have managed to reduce the backlog cases by a remarkable 24.1%, exceeding the target of 20% by 4.1%.

(v) We have introduced the Jurisdiction of Regional Courts Bill into Parliament which is intended to confer jurisdiction on the Regional Court to deal with civil matters, including family-related matters. Civil matters are currently only dealt with in the District Courts, High Courts and Small Claims Courts. Regional Courts do not have any civil court jurisdiction at present.

Against this backdrop, I respond more specifically to the question, providing statist ics we have at our disposal:

(1)(a) Information regarding civil "backlogs" is not available. The reason for this is that the finalisation of civil matters is dependent on the pace at which litigants (or their legal representatives) litigate. I should also mention that a definition for "backlogs" in terms of civil matters still needs to be determined.

A criminal backlog case is currently identified as a case that has been on the outstanding court roll, awaiting finalisation, for longer than a certain period, namely for High Court cases, those outstanding on the roll for longer than 12 months; for Regional Court cases, those outstanding on the roll for longer than 9 months, and for District Courts cases, those outstanding on the roll for longer than 6 months.

As at the end of December 2007, the backlogs for criminal cases are summarised as follows:

High Courts

Regional Courts

District Courts

Dec 2007

Outstanding cases:1315

Backlog Cases: 280 (21%)

Outstanding cases: 48260

Backlog Cases: 17121 (35%)

Outstanding cases: 166047

Backlog Cases: 17269 (10%)

Dec 2006

Outstanding cases: 1008

Backlog Cases: 174 (16%)

Outstanding cases: 47818

Backlog Cases:19738 (41%)

Outstanding cases: 155259

Backlog Cases: 15621 (10%)

Further details of these outstanding cases and backlog cases in these Courts are set out hereunder:

High Courts

Of the number of outstanding cases (1315) at the end of December 2007, only 280 or 21% were outstanding on the High Court rolls for longer than 12 months: this represents the High Court backlogs. In contrast to the position in December 2006, of the number of outstanding cases at that time (1008), 174 or 16% cases were outstanding on the High Court rolls for longer than 12 months.

Regional Courts

Of the number of outstanding cases (48 260) at the end of December 2007, only 17121 or 35% were outstanding on the Regional Court rolls for longer than 9 months: this represents the Regional Court backlogs. In contrast to the position in December 2006, of the number of outstanding cases at that time (47 818), 19 738 or 41% cases were outstanding on the Regional Court rolls for longer than 9 months.

District Courts

Of the number of outstanding cases (166 047) at the end of December 2007, 17 269 or 10% were outstanding on the District Court rolls for longer than 6 months. In contrast to the position in December 2006, of the number of outstanding cases at that time (155 259), 15 621 or 10% cases were outstanding on the District Court rolls for longer than 6 months.

(2) Yes, there has been a decrease in the criminal case backlogs of the Regional Court rolls, namely a decrease from 41% to 35% (or a reduction of 2 617 cases).This is because of the specific efforts we have put in place to help reduce the case backlogs in the Regional Courts. In the High Courts there was, however, a 5% increase in backlog cases (227) between December 2006 and December 2007 (i.e. an increase from 16% to 21%), whilst the case backlogs in the District Courts remained the same, namely 10%.

19. DR. A. N LUTHULI (ANC) TO ASK THE MINISTER OF FOREIGN AFFAIRS:

What progress have been made in realising the New Partnership for Africa's Development (NEPAD) objectives and

What are the challenges in this regard?

REPLY:

The primary objectives of NEPAD are to (a) eradicate poverty, (b) to place African countries, both individually and collectively on a path of sustainable groeth and development; (c) halt the marginalisation of Africa in the globalisation process and to enhance its full and beneficial integration into the global economy; and (d) accelerate the empowerment of women.

The eradication of poverty cannot stand in isolation it should be seen as a long term objective. The 3rd Extraordinary Session on Employment and Poverty Alleviation of the African Union Assembly held in Burkina Faso in 2004 mandated the Heads of State and Government to work towards an effective and speedy implementation of actions and programmes agreed upon in the NEPAD Framework and to maximize their impact on the continental efforts geared towards poverty reduction. In this regard African countries have integrated poverty alleviation programmes into their socio-economic development plans. The Pan-African Infrastructure Development Fund (PAIDF), which was launched at the AU Summit in July 2007, will impact positively on poverty eradication programmes on the continent. The PAIDF has been established to finance large scale African infrastructure development projects. Of critical and historic importance is the fact that the entirety of the capital of the fund, currently amounting to US $625-million, originates exclusively from within our continent.

NEPAD through the African Peer Review Mechanism (APRM) has improved economic management and political stability. The economic outlook for the African continent is the best it has been for many years. There is an increase in countries following sound macro-economic planning, policies and management. This ha s had a significant impact on the average economic growth rate for the continent. African economies continue to sustain growth momentum of previous years, which recorded an overall real GDP growth rate of 5.7% in 2006, compared to 5.3% in 2005 & 5.2% in 2004.

NEPAD has forged global partnerships with industrialised and developing countries and multilateral organisations. Over the past five years, this has resulted in increased development assistance flows to Africa. NEPAD has been integrated into the core Africa development initiatives undertaken by the United Nations, the Office of the Special Advisor on Africa at the European Union, the Organisation for Economic Cooperation, Development (OECD), the Commonwealth and World Trade Organisation. Internationally, NEPAD has been positioned to form the core of Africa's South-South and South-North relationships. This has led to a host of international commitments in support of the implementation of NEPAD, e.g. the Millennium Declaration; the United Nations Declarations in support of NEPAD; the G-8 Africa Action Plan; the European Union Strategy for Africa; the New Africa-Asia Strategic Partnership; the Tokyo International Conference for African Development, and the Forum for China-Africa Cooperation.

As part of the programme, NEPAD has identified accelerating the empowerment of women as one of its key objectives. To this end, NEPAD has established an office of gender and civil society organisations. The role of the Gender Office is to promote the role of women in social and economic development by reinforcing their capacity in the domains of education and training; by developing revenue-generating activities through facilitating access to credit; and by assuring their participation in the political a nd economic life of African countries

While significant progress has been recorded in NEPAD implementation, a number of challenges still exist. These need to be tackled head-on in order to move forward on NEPAD.

Key challenges include:

Capacity Building

Resource Mobilisation

Integration of NEPAD Priorities into national development programmes

Increase multi-country infrastructure projects

Widening APRM Participation

Converting pledges by developed countries into concrete actions

Making ODA more effective

Increasing ownership

20.MR S SIBOZA (ANC) TO ASK THE MINISTER OF FOREIGN AFFAIRS:

(1) Whether any progress has been made to resolve the political crisis in Kenya; if not why not; if so, what are the relevant details? NO611E

REPLY:

(1) YES

The mediation process between the Party of National Unity (PNU) and the Orange Democratic Movement (ODM) over the disputed Presidential election result is still ongoing.

After a period of intense negotiations the Parties reached an agreement on a number of issues:

The creation of an Independent Review Committee;

This Committee would be mandated to investigate all aspects of the 2007 Pres idential Election and make findings and recommendations to improve the electoral process;

The Committee will be an non-judicial body made up of Kenyan and non-Kenyan recognised electoral experts of the highest professional standing and personal integrity;

The Committee will submit its report within 3 – 6 months. It will start its work no later than 15 March 2008;

The findings of the Independent Review Committee must be factored into the comprehensive electoral reforms that are envisaged.

On the need for a political settlement to resolve the crisis it was agreed that:

Recognising that since there is a serious crisis in the country a political settlement is necessary and an effective way of promoting national unity;

A political settlement is needed to manage and implement a broad reform agenda to address the root causes of the crisis and deepen and broaden democratic foundation,

The reforms identified are:

Comprehensive Constitutional reforms;

Comprehensive electoral reforms

A truth, justice and reconciliation commission;

Identification and prosecution of perpetrators of violence;

Respect for human rights

Parliamentary reforms;

Commitment to a shared national agenda in Parliament for these reforms;

Other legislative, structural, political, and economic reforms

(3) ADDITIONAL INFORMATION

This section should include additional information especially in the case of ORAL REPLIES, where Members of Parliament has the option to ask 3 / 4 supplementary questions related to the question. This part will not be submitted as part of the reply handed in to Parliament. I.E. not for publication. The discussion section should not exceed 3 pages.

21. MS KR MAGAU (ANC) TO ASK THE MINISTER OF FOREIGN AFFAIRS

Whether the Government has any plans to assist in the speedy resolution of the crisis in Weste rn Sahara, if not, why not: if so, what plans?

REPLY

On 15 September 2004, South Africa took a decision to recognise the Saharawi Arab Democratic Republic (SADR) and the South African Government remains seized with the speedy resolution of the status of Western Sahara, the only outstanding decolonization issue on the agenda of the African Union. The 2008 International Relations Peace and Security (IRPS) cluster priorities reconfirmed South Africa's principled position on the right to self-determination for the Western Sahara.

South Africa's policy on Western Sahara is based on the following policy principles and objectives:

Principle of right to self-determination

Principle of decolonisation and the sanctity of colonial borders

Respect for human rights and humanitarian assistance and support

Principle of international legality and the centrality of the United Nations

Non exploitation of natural resources of the illegally occupied territory

Stability and security of the Maghreb region

In terms of the Department's Strategic Plan for the period from 2008 to 2011, South Africa will intensify its international and domestic efforts in support of the political and humanitarian assistance to the SADR. In this respect South Africa has, given its own history, campaigned strongly at the international level for the independence of the last remaining colony on the African continent and will continue its efforts in this respect.

Around one hundred and fifty thousand (150 000) Saharawi refugees remain in the refugee camps in south-west Algeria, relying on international humanitarian aid. The deteriorating humanitarian situation represents a serious challenge that has the potential to destabilise the North Africa region. International interest and active support for humanitarian relief remain low. In terms of the MTEF for 2008 to 2011, South Africa will facilitate and coordinate a R42 million humanitarian assistance programme to alleviate the plight of Saharawi refugees through the following African Renaissance Fund (ARF) humanitarian projects:

Humanitarian demining and victim assistance

Youth development sport complex

Humanitarian aid

Morocco's illegal occupation of Western Sahara remains a matter of international legality. Any solution must take into account the Charter of the UN and the Constitutive Act of the African Union, in particular the principle of the sanctity of inherited colonial borders in Africa and the right of peoples of former colonial territories to self-determination. Western Sahara's legal status in the 4th Committee of United Nations General Assembly is clear: it is a non-self-governing territory awaiting decolonisation through a referendum on self-determination.

Political and social tensions in the Moroccan occupied territories of Western Sahara, particularly in terms of human rights abuses are of serious concern. South Africa continues to draw attention to the human rights violations by Morocco in the occupied territories and call upon the United Nations Human Rights Commission to assume a larger role in monitoring, reporting and making recommendations on the issue of human rights abuses in Western Sahara.

South Africa views the illegal occupation of Western Sahara and protracted impasse as detrimental to the NEPAD reconstruction and development strategy of the continent especially in relation to its stability and security, as well as in terms of the regional economic integration of the Arab Maghreb Union (AMU).

The challenge for South Africa's is to continue to support the Saharawi People to achieve their legitimate right to self-determination in a UN supervised referendum. If Morocco is successful in permanently annexing the Western Sahara, there would be a serious risk of opening up the debate on colonial borders in Africa.

QUESTION NO: 22

PUBLISHED IN INTERNAL QUESTION PAPER NO 1 OF 27 FEBRUARY 2008

MR M. RAMGOBIN (ANC) TO ASK THE MINISTER OF FOREIGN AFFAIRS:

What are the latest developments in the Comoros?

REPLY:

The standoff between the Union Government of the Comoros and the authorities of Anjouan persists. The present political crisis in the Comoros stems from, inter alia, the decree by President Sambi to postpone elections in Anjouan and the refusal of the authorities of the Island of Anjouan to accede to the decree and hold new elections.

In an attempt to overcome the political stalemate South Africa, in its capacity as Coordinator of the Countries of the Region, hosted three meetings during the second and third quarters of 2007 in South Africa aimed at achieving a peaceful and negotiated solution in the Comoros.

Following the failure of the Anjouanese authorities to unconditionally agree to hold elections, before a Comorian Round Table, the AU decided to impose sanctions against these authorities, including an asset freeze and travel ban. These sanctions have, however, not contributed thus far to solving the political crisis.

South Africa has noted and respects the subsequent decision of the President of the Union of the Comoros to request military assistance from a number of African countries to resolve the stalemate. This resulted in a meeting on 20 February 2008 at the AU Headquarters chaired by the Tanzanian Foreign Minister, who is the current Chair of the AU's Council of Ministers. It was decided to dispatch a team of military experts to the Comoros with the aim of planning for the deployment of military forces to assist the Government of the Union of the Comoros to end the crisis.

In a letter to the Minister of Foreign Affairs of South Africa, the authorities of Anjouan signalled their willingness to conduct elections by May 2008. They further propose that such elections be preceded by the convening of an inter-Comorian Roundtable to discuss ways to resolve the outstanding issues pertaining to constitutional arrangements.

In this regard, President Mbeki dispatched a letter to President Kikwete, in his capacity as AU Chair, urging the need to encourage all the Comorian role-players to seize the opportunity to engage in a dialogue to resolve all the outstanding disagreements, including the conduct of elections in Anjouan as soon as possible.

However, on Tuesday, 25 March 2008, the Union forces assisted by an AU contingent arrived in Anjouan and have taken over the Island. We do not have full details.

QUESTION NO 23

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Ms J E Sosibo (ANC) to ask the Minister of Safety and Security:

With reference to the President's state of the nation address in which he stated that the Government will prioritise the appointment of specialised skilled persons in areas where they are most urgently needed, what plans does his department have in place to give effect to this strategy in areas such as the forensic laboratories?

NO614E

REPLY:

The South African Police Service has already developed a policy on how to identify specialised skills in areas where they are most needed. The policy is called the scarce skills policy and it aims to attract and retain people with specialised skills via the payment of a Scarce Skills Allowance and to put measures in place to ensure adequate numbers for that skill in future. The policy further requires a mandatory review of its effectiveness every 2 years.

Some of the categories that have been identified are: Crime Scene Experts, Forensic Analysts, Engineers, Architects, certain categories of detectives handling Serious Economic Offences and Organised Crime as well as the Special Task Force.

As far as forensic laboratories are concerned specialised skills of Crime Scene Experts and Forensic Analysts in fields such as Biology, Chemistry, Ballistics and Explosives are maintained and increased. Both categories have already been declared scarce skill and personnel are already receiving the Scarce Skills allowance.

During the present financial year, 199 analyst posts were filled through external recruitment. Another 100 posts for forensic analysts have already been advertised as a first phase for 2008/9 and the selection of candidates will be finalised shortly.

QUESTION 23

WRITTEN REPLY

DATE OF PUBLICATION: FRIDAY, 08 FEBRAURY 2008

INTERNAL QUESTION PAPER NO.: 1-2008

MR A J LEON (DA) TO ASK THE MINISTER OF DEFENCE

Whether South Africa has contributed any military (a) personnel, (b) equipment and (c) logistical support to the hybrid United Nations African Union peacekeeping force deployed in Darfur. Sudan; if not, why not; if so, what are the relevant details?

whether the composition and strength of this force and its ability to implement the mandate conferred on it by the United Nations Security Council is satisfactory; if not, why not; if so, what are the relevant details?

-------ooo0ooo------- N379ENG

REPLY

Yes, South Africa has contributed to the United Nations African Union Hybrid Operation in Darfur (UNAMID). The contribution is in the following manner:

Personnel: A contingent of 608, previously deployed in the African Union Mission in Sudan (AMIS), has been moved over to the United Nations African Union Hybrid Operation in Darfur on 31 December 2007. The contingent included an Infantry Battalion (464), Engineer Platoon (38), Support Elements (average 64) and 39 Staff Officers and Military Observers. Three additional Staff Officers have been deployed as requested by the United Nations, and a request for an additional 4 Staff Officers is being processed. Pending Cabinet approval, the force levels will be increased to 850 by May 2008, to comply with United Nations requirements.

Equipment: Major equipment previously deployed in AMIS has been committed to UNAMID as at 31 December 2007. The following main equipment has been deployed:

50 X Mamba Armoured Personnel Carriers

1 X Mfezi Armoured Ambulance.

3 X Recovery Vehicles.

9 X Support Vehicles (cargo, personnel, technical maintenance and en gineers).

24 X Sea Containers with equipment and facilities

Communications and medical equipment.

Logistical Support: The contingent has been deployed with inherent logistic support for sustainment of own support

The envisaged increase to 850 in May 2008 complies with United Nations force requirements for UNAMID and includes an Infantry Battalion Group of 800 personnel as requested by the United Nations. An additional total of 50 posts for Staff Officers, Military Observers, or additional support personnel could be required.

QUESTION NO 24

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Mrs D G Nhlengethwa (ANC) to ask the Minister of Safety and Security:

What is the visible and measurable evidence to illustrate the successes achieved as a result of the restructuring of the SA Police Service more than a year ago?

NO615E

REPLY:

The strategy behind the reorganisation of the structures of the police service was to send better and more resources, human and otherwise, to the local police stations which are at the coal‑face of the fight against crime. Policing on the ground is already showing great improvement. The best indicator that things are changing for the better is the better relationship that is emerging where changes have happened to the command structures. The new police leadership has created a better working environment, that includes partnerships with the communities and other relevant stakeholders.

A new partnership between the communities, civil society organs and the police, called the Community Building Credible Ownership, has taken root in the Eastern Cape (Motherwell, New Brighton, Kwazakhele, Walmer and Gelvandale); Gauteng (Mamelodi, Eersterus, Orange Farm, De Deur, Evaton and Moroka), KZN (Lamontville, Marrianhill and Loskop) and Western Cape (Mannenberg, Mitchell's Plain and Grassy Park).

The partnership is based on the street committee concept that was used to mobilise communities against apartheid.

The police introduced a mechanism to track performance across the service to monitor the impact of the restructuring. All round performance by the various police stations has improved, especially in Limpopo and the Northern Cape.

Crime levels in areas where the police and the communities are working together have dropped drastically.

25. QUESTION NO: NO616E

MR M A CELE (ANC) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

What programmes are offered to (a) sentenced and (b) awaiting-trial children?

REPLY

(a) Based on the assessment process conducted with each offender through the Risk Profile Management which focuses on the development of tools for assessment, profiling, classification as well as development of Correctional Sentence Plans the Department provides the following programmes to sentenced offenders:

Care Programmes wherebythe Department offers interventionsaimed at enhancing and maintaining the social, mental, spiritual, health and physical well- being of all sentenced offenders including children awaiting trial. This also provides for HIV/AIDS programmes which focus on:

Prevention

Care

Treatment and Support Services

Peer Education Programme

Development Programmes offer interventionsaimed at providing opportunities for vocational and technical training, recreation, sports, arts and culture, education as well as preparing offenders for employability to enable them to effectively re-integrate into society. These are offered, inter alia, in the following main industries and trades: Agriculture, Wood, Steel, Textile and Construction.

The Department facilitates ABET formal education up to Matric and graduate studies at institutions of higher learning.

These programmes are offered to sentenced offenders only. This is due to the certainty of their duration in the Department's facilities.

Correctional Programmes focus on the provision of non-therapeutic interventions aimed at correcting the offending behaviour, these entail Sexual Offences programmes, Anger Management, Substance Abuse, pre-release and Cross Roads Programme assisting offenders to chart a new path in their lives.

Social Reintegration Programmes, the Department facilitates the re-integration of offenders back into the community through Community Corrections. A number of development and care programmes are also offered to this category of offenders.

The Department offers interventions upon request or emergency interventions to awaiting-trial children under the following programmes:

Care Programmes, aimed at enhancing and maintaining the social, mental, spiritual, health and physical well-being of all children awaiting trial. This also provides for HIV/AIDS programmes which focus on:

Prevention

Care

Treatment and Support Services

Peer Education Programme

Prevention

Care

Treatment and Support Services

Peer Education Programme.

It should however be mentioned that Health Care, hygiene and nutrition are provided as part of the basic needs of the offender and therefore offered at all times.

26. BISHOP L J TOLO (ANC) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(1) How many community correction offices does his department have;

(2) whether these offices are effective; if not, what is his department doing to (a) instill a sense of trust and (b) convince the court to sentence people for community correction; if so, what are the relevant details?

REPLY

There are currently One Hundred and ninety four (194) Community Corrections offices nationally.

Community corrections offices are effective and were mainly established to provide access to a wide range of support to probationers and parolees to serve their sentences in the community. The objectives of community corrections are to enable offenders to lead a socially responsible and crime free-life while serving their sentences in the community and to facilitate their social acceptance and effective reintegration into the community. Community corrections exercises supervision and control over the following categories offenders:

Offenders who have been sentenced to correctional supervision directly from court;

Offenders placed out of correctional centre under correctional supervision;

Persons who are placed under the supervision of the Department by the court; and

Offenders who are placed out on parole.

Community corrections supervises persons subjected to community corrections, in order to safeguard the community by ensuring that such persons adhere to correctional and parole supervision conditions. Basically, there are two categories of offenders, namely: probationers and parolees who are accommodated under the system of community corrections. Probationers refer to offenders who have been sentenced to a term of imprisonment but whose prison sentence was converted to correctional supervision as well as those individuals sentenced to correctional supervision directly from Court. The Department has developed a new policy framework and restructured the system to centralize the principled participation of various stakeholders in the advancement of rehabilitation and social reintegration of offenders, including the family, communities, non-governmental organisations, faith-based organisations, community-based organisations, and Criminal Justice System.

QUESTION NO.: 28

DATE OF PUBLICATION: 19 FEBRUARY 2008

Ms N M Mahlawe (ANC) to ask the Minister for Justice and Constitutional Development:

(1) What services are currently offered at Thuthuzela centres to victims of sexual offences;

(2) whether her department has plans to establish more of these centres; if not, why not; if so, what are the relevant details?

NO620E

REPLY

(1) The Thuthuzela ("Comfort" in Xhosa) Care Centres (TCCs) were established to offer assistance to survivors of sexual violence. These multi-disciplinary care centres streamline the process of reporting, care-giving and the subsequent prosecution of sexual offence cases. Rape survivors have 24-hour access to assistance from medical staff, investigating officers, prosecutors and counsellors.

As the Honourable Member would know, the TCCs are linked to sexual offences courts and offer survivors of sexual violence the services of committed prosecutors, social workers, health professionals, police and investigating offices. Where children are the victims, dedicated prosecutors and personnel trained to deal with child victims make use of closed circuit television and appropriate equipment (such as. dolls with all the body parts of real humans and two-way mirrors) allowing children to testify in an environment where they do not feel threatened.

This is how the system works:

At the police station, rape survivors are removed from the crowds to a victim-friendly room, while they wait for an ambulance to transport them to the centre. They receive comfort and crisis counselling, if necessary, from a trained ambulance volunteer, while en route to the hospital.

At the TCC they are ushered to a quiet, private space and are greeted by the site-coordinator. A trained, sensitised doctor is immediately summoned to conduct a medical examination. A nurse provides information to the survivor regarding the procedures to be performed and s/he signs consent to the medical examination and taking of blood specimens. Thereafter, s/he is offered the opportunity to take a bath or shower and to change into clean clothes.

During this process, an investigating officer, on call to the centre, is summoned to take a statement. Thereafter, s/he receives appropriate medication and is given a follow-up date for further medical treatment, before being transported home. This process ensures that all service providers are accessible to a survivor at the same location.

After the TCC processes, access to safe spaces/shelters is provided should the survivor not be able to return home. Access to anti-retrovirals and ongoing HIV counselling is also offered. The Centre also provides information tat is important to the victims.

(2) Yes indeed Honourable member, there are plans to establish more of these centers. The location of the sites will be determined by taking into account the prevalence of sexual violence in the various areas.

QUESTION NO.: 30

DATE OF PUBLICATION: 19 FEBRUARY 2008

Mr G Solomon (ANC) to ask the Minister for Justice and Constitutional Development:

(a) How many courts have been furnished with an e-scheduler and (b) what are the (i) plans and (ii) projected time lines to roll out this system to more courts?

NO622E

REPLY

(a) I must thank the Honourable Member for providing me with an opportunity to speak on this important project, e-scheduler, which we are undertaking as part of the modernisation of our courts. For the benefit of this House and the public at large, e-scheduler is an electronic management tool designed to improve the management and productivity of our courts.

I am pleased to report that, e-scheduler has been installed and rolled out to 468 sites throughout the nine provinces, as follows:

Eastern Cape – 83

Free State - 66

Gauteng - 46

KwaZulu Natal - 75

Limpopo - 37

Mpumalanga - 36

Northern Cape - 35

North West - 34

Western Cape - 56

(b) There are five courts where the e-scheduler must still be installed, namely the Magistrates' Courts in Harding, Daveyton, Sekgosese, Fizeka and Motherwell. Construction is underway at these courts and it is anticipated that the buildings will be completed by May 2008. As soon the construction is completed the installation and rollout of e-scheduler will commence.

QUESTION 32

ORAL REPLY

DATE OF PUBLICATION: TUESDAY, 19 FEBRRUARY 2008

INTERNAL QUESTION PAPER NO.: 3-2008

REV K R J MESHOE (ACDP) TO ASK THE MINISTER OF DEFENCE

Whether any army medical students who clashed with the military police as a result of drunken sex orgies held at the defence force barracks in Thaba Tshwane have been disciplined; if not, why not; If so, (a) how many were disciplined, (b) what form of discipline was imposed on them and (c) how many consequently expelled;

whether they will be held liable for the repairs and or replacement of the (a) furniture, (b) equipment and (c) property that was broken; if not, why not; if so, what are the relevant details?

-------ooo0ooo------- NO626E

REPLY

Yes. However, none of the members involved in the incident were students at the Military Health Training Formation. The members identified are boarding at the Military Health Formation but wok in other units in Pretoria as Military Skills Development System (MSDS) members.

Twelve (12) were identified and have already appeared twice before the Court of a Military Judge and will appear again on 27 February 2008. They are charged with:

Public violence;

Assault;

Section 28(a) of the Military Discipline Code: Disobeying a lawful command;

Section 45 of the Military Discipline Code: Riotous and unseemly behavior; and

Section 46 of the Military Disciplie Code: Conduct to the prejudice of military discipline.

The Authorities at the Training Formation, on learning about the unauthorized party that led to the incident, immediately called the Military Police. Subsequently, members concerned were arrested and detained by the Military Police, assisted by members of the South African Police Service. Currently, as informed by Section 42(1)(a) of the Military Disciplinary Supplementary Measures Act, Act 16 of 1999 the process of placing the members concerned under suspension while the due legal process is underway has begun. Otherwise, any further disciplinary action will depend on the outcome of the due legal process currently underway.

(a) Yes

Damage was caused to:

Nine (9) doors which were forced open by the SAPS and;

Two (2) fire extenguishers.

QUESTION NO 33

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Mr S N Swart (ACDP) to ask the Minister of Safety and Security:

On what constitutional grounds does he rely when arguing for a single police service in the country as justification for incorporating the Directorate of Special Operations into the SA Police Service?

NO627E

REPLY:

The honorable member is referred to the two instances where I have dealt with the matter at hand.

Firstly, when participating in the debate on the President's State of the Nation address I mentioned the:

"central command and control and the improvement of the coordination of the work of all law‑enforcement agencies that deal with organised crime", as rationale for the relocation of the DSO.

In addition I said that:

"The ANC is not reckless when it determines that the fight against organised crime requires a re‑look and the better utilisation of the services the country has better to be able to deal with that scourge in a better coordinated manner under the aegis of a single command and control point. We want to place on the table therefore, a proposal for the creation of a better crime fighting unit, to deal with organised crime, where the best experiences of the Scorpions and the police's Organised Crime Unit will be merged.".

Secondly, during the media briefing of the Justice, Crime Prevention and Security Cluster, on 19 February 2008, I mentioned the following:

"Among weaknesses we identified were lack of coordination and parallel investigations with different entry points and even different results on the same questions at issue. Those problems have translated often into conflicts within the law enforcement environment.

We are looking at the best options to improve our work. It will be recalled that one of the options government was given was the recommendation by the Khampepe Judicial Commission, which recommended that the Scorpions were to remain under Justice but report, in terms of their investigative work, to Safety & Security.

We will suggest to Cabinet the establishment of an organised crime machinery that will have better priority setting mechanisms to prevent gaps and undue overlaps in the fight against organised crime. The arrangement will also see the creation of a common pool for sharing information and other enabling resources. We want, as part of the proposed arrangement, properly to coordinate the relationship we have with foreign law enforcement and intelligence agencies and we want to create conditions for better strategic and integrated analysis and research.".

I therefor fail to see why the honorable member is referring to the Constitutional provisions about a single police force.

QUESTION 34

ORAL REPLY

DATE OF PUBLICATION: TUESDAY, 19 FEBRUARY 2008

INTERNAL QUESTION PAPER NO.: 3-2008

MR S N SWART (ACDP) TO ASK THE MINISTER OF DEFENCE

Whether any action is to be instituted against members of the SA National Defence Force who are members of the South African National Defence Union (SANDU) because of their threat to march to Parliament on Friday, 08 February 2008, even though permission for the march had been refused, and because of the various threatening statements by the spokesperson of the union (name furnished); if not, why not; if so, what are the relevant details?

-------ooo0ooo------- NO628E

REPLY

The person(s) who issued the threats are not members of the SANDF but paid up employees of SANDU.

The Defence Act 42 of 2002 read with the Military Discipline Supplementary Measures Act, 1999 provide mechanisms to deal with any disciplinary problems within the DoD.

The DoD is considering laying criminal charges against the individual(s) who issued such threats.

35. MR H B CUPIDO (ACDP) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

How many (a) correctional centres are actively applying a programme of training in Agriculture and Productivity, (b) inmates are participating in these programmes in each of these centres and (c) to what extent do these skills impact on the neighbouring society?

REPLY

(a) Currently, twenty (20) correctional centres in all six (6) regions are training offenders in Agricultural Programmes.

(b) The following table provides a break down of offender participation in Agricultural Programmes in each of those centres:

REGION

CORRECTIONAL CENTRE

TOTAL

EASTERN CAPE

KIRKWOOD

57

GAUTENG

DEVON

110

LEEUWKOP

48

MODDERBEE

45

KWAZULU/ NATAL

WATERVAL

36

LIMPOPO, MPUMALANGA & NORTH WEST

BETHAL

55

LOSPERFONTEIN

77

MOGWASE

64

NELSPRUIT

75

POTCHEFSTROOM

60

STANDERTON (MEDIUM A)

194

THOHOYANDOU (MEDIUM A)

12

WITBANK

12

NORTHERN CAPE & FREE STATE

GOEDEMOED

396

GROOTVLEI

448

VIRGINIA

176

WESTERN CAPE

BRANDVLEI

1 917

DRAKENSTEIN

72

HEIDELSTROOM

530

VOORBERG

46

GRAND TOTAL

4430

(c) The Department does not currently have a scientific mechanism to measure the impact of programmes conducted within correctional facilities on neighbouring societies. However, an Impact Measurement Instrument to measure the impact and effectiveness of programmes has been drafted and is being finalized. In order to ensure implementation of the instrument, the training of master trainers is scheduled for March 2008.

OBJECTIVES OF THE IMPACT MEASUREMENT INSTRUMENT ARE:

To identify whether or not the programme has achieved the desired outcome and effect as anticipated in line with the rehabilitation goals and to determine the impact of the programme on the offender.

To provide a baseline of the offenders functioning to measure the impact of individual development, care and correctional interventions.

To measure whether or not any programme has relevance to the desired effect and contributing towards crime prevention.

To improve programme treatment and system efficiency; and

To assist management in the determining the impact of the development, care and correctional programmes on the behaviour of offenders.

However, the Department does contribute to the poverty alleviation programme by donating excess produce of agricultural products to communities in the proximity of some of the correctional facilities.

36. Mr A J Leon (DA) to ask the Minister of Foreign Affairs:

(1) Whether the Government has congratulated president Mwai Kibaki officially on his re-election as president of Kenya on 27 December 2007; if not, why not; if so,

(2) whether the Government had any regard for the serious disputes about fraud pert aining to that election and the fact that the presidential inauguration was proceeded with despite a request from the head of the Kenyan election commission that an investigation should be made into claims of electoral malpractice; if not, why not; if so, what are the relevant details;

(3) what is the Government's position on the conclusion by various international observers that the presidential election had fallen short of international standards;

(4) whether the Government has received any requests for assistance in resolving the crisis in Kenya; if so, (a) what are their form and substance and (b) from whom did they emanate? NO630E

REPLY:

The South African Government has not congratulated President Mwai Kibaki on his re-election as President of Kenya. The main reason being that contradictory statements were made by the Electoral Commission of Kenya (ECK) with regard to the outcome of the election. On 30 December 2007 the Chairman of the ECK Mr Kivuitu announced the election result, declaring Mwai Kibaki the winner. However, on 1 January 2008 Mr Kivuitu admitted that he did not know if Kibaki had won the elections. This fuelled the violence that subsequently gripped the country. In this highly polarised and volatile situation it would have been inappropriate for South Africa to make an announcement.

(3) The parties have acknowledged that there were shortcomings in this regard and they agreed to establish an Independent Review Committee , under the auspices of Mr Kofi Annan. The committee would start its work not later than 15 March 2008. The mandate of this committee would be to investigate all aspects of the 2007 Presidential Election and make findings and recommendations to improve the electoral process. This Committee will submit its report within 3 – 6 months. It will only be at this time that we will know what took place regarding the Kenyan Presidential election of 2007.

(4) The Kenya Red Cross Society has launched an international appeal for emergency relief support. The South African Government will provide humanitarian assistance and is coordinating its response in this regard .

ADDITIONAL INFORMATION

This section should include additional information especially in the case of ORAL REPLIES, where Members of Parliament has the option to ask 3 / 4 supplementary questions related to the question. This part will not be submitted as part of the reply handed in to Parliament. I.E. not for publication. The discussion section should not exceed 3 pages.

QUESTION NO: 37

PUBLISHED IN INTERNAL QUESTION PAPER NO 1 OF 27 FEBRUARY 2008

MR A J LEON (DA) TO ASK THE MINISTER OF FOREIGN AFFAIRS:

Questions

(1) Whether the United Nations-African Union peacekeeping force in Darfur is sufficiently strong and equipped to meet and implement its mandate from the United Nations Security Council; if not, which factors led to this conclusion; if so, on what basis was this opinion formed;

(2) Whether the Government has expressed any concerns or taken any action in respect of the attack by Sudanese army troops on a peacekeepers' convoy in January 2008; if not, why not; if so, what are the relevant details;

(3) Whether the Government has expressed its concern to the government of Sudan over the appointment of a certain person (name furnished) to a senior position in its government; if not, why not; if so, what are the relevant details;

(4) Whether, in November 2006, the South African representative at the United Nations Human Rights Council voted against a resolution calling for all parties, including the Sudanese government, to bring to justice those responsible for killing, raping and injuring civilians in the Darfur region of western Sudan; if not, what is the position in this regard; if so, what was the basis for this decision? NO631E

Reply:

(1) NO

The UN-AU Mission in Darfur (UNAMID) is facing challenges. These include the slow deployment of troops, and the lack of essential logistics and equipment, particularly helicopters. A positive development regarding the deployment of UNAMID is that on 09 February 2008, the Sudanese Minister of Foreign Affairs, Mr Deng Alor and the United Nations African Union Joint Special Representative, Mr Rudolphe Adada, signed the Status of the African Union Hybrid Operation in Darfur Agreement which will govern the day-to-day operations of UNAMID. The signing of the agreement is considered an important step towards the full deployment of UNAMID.

(2) YES

Deputy Minister Aziz Pahad in his media briefing of 16 January 2008 expressed concern regarding the attack of the UNAMID convoy. In this regard he stated, "It is also a matter of concern that a UNAMID convoy of more than 20 marked vehicles was attacked by the Sudanese Army, as the convoy moved from Un Baru to Tine in West Darfur" (see page 2 0f Annex B).

Furthermore, South Africa fully subscribes to the condemnation of the attack by the UN Security Council in its presidential statement S/PRST/2008/1 (see page 3 of Annex B).

(3) NO

The appointment of a person to a government of a State is a sovereign decision by the government of the State concerned. South Africa cannot interfere in who the Sudan appoints in its government.

(4) NO

At the resumed second session of the UN Human Rights Council in November 2006, both the African Union (AU) and the European Union (EU) simultaneously introduced two separate resolutions addressing the situation of human rights in Darfur. The key difference between the two resolutions was largely on the use of language addressing the use of rape and other forms of sexual violence as a weapon of war by the pro-Government militia and the armed groups in Darfur.

As a result, the UN Human Rights Council encouraged both the AU and the EU to hold negotiations with a view to merge their resolutions into one. After lengthy negotiations, the two groups reached a deadlock. The deadlock was precipitated by disagreements on reference to UN Security Council Resolutions on the question of impunity for human rights violations in Darfur and bringing of perpetrators to justice.

Subsequently, the UN Human Rights Council adopted the AU sponsored resolution addressing grave violations of human rights in Darfur. This resolution was adopted on 28 November 2006. The EU and its allies voted against the resolution while the African countries and other countries in Asia and Latin America voted in favour of the resolution. The resolution is attached for ease of reference.

Human Rights Council

Decision 2/115. Darfur

The Human Rights Council decides to adopt the following text:

"1. The Human Rights Council welcomes the Darfur Peace Agreement signed in Abuja as well as the measures already taken towards its implementation. It calls on all parties that have not yet done so to sign the Agreement, in compliance with the relevant United Nations resolutions;

"2. The Council notes with concern the seriousness of the human rights and humanitarian situation in Darfur and calls on all parties to put an immediate end to the ongoing violations of human rights and international humanitarian law, with a special focus on vulnerable groups, including women and children, while not hindering the return of all internally displaced persons to their homes;

"3. The Council notes that the Darfur Peace Agreement stipulates the principles of enhancing accountability and preventing impunity. It calls on all parties to uphold the principles which are equally applicable to States and non-State actors and to cooperate fully in the implementation of the Agreement;

"4. The Council calls on all parties, whether they have signed the Darfur Peace Agreement or failed to do so, to ensure full and unfettered access by monitors of the Office of the United Nations High Commissioner for Human Rights deployed in the Sudan to all places where they have duties to discharge and to ensure the full, safe and unhindered delivery of humanitarian assistance to those in need in Darfur;

"5. The Council welcomes the cooperation established by the Government of the Sudan with the Special Rapporteur on the situation of human rights in the Sudan, and calls upon the Government to continue and intensify its cooperation with the Human Rights Council and its mechanisms;

"6. The Council calls upon the international community at large and donor countries and peace partners in particular to honour their pledges of support and to provide urgent and adequate financial and technical assistance to the Government of Sudan in the promotion and protection of human rights."

Adopted by a recorded vote of 25 to 11,

with 10 abstentions

34th meeting

28 November 2006

[In favour: Algeria, Azerbaijan, Bahrain, Bangladesh, Brazil, China, Cuba, Djibouti, Gabon, India, Indonesia, Jordan, Malaysia, Mali, Mexico, Morocco, Nigeria, Pakistan, Philippines, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Tunisia.

Against: Canada, Czech Republic, Finland, France, Germany, Netherlands, Poland, Romania, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland.

Abstaining: Argentina, Ecuador, Ghana, Guatemala, Japan, Mauritius, Peru, Republic of Korea, Uruguay, Zambia.]

QUESTION NO. 37

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO. 1)

Mrs S V Kalyan (DA) to ask the Minister of Health:

(1) With regard to each public hospital in KwaZulu/Natal, (a) what was the amount of patients' charges for services rendered, and (b) what did the hospital receive in payment for fees, in the most recent financial year for which information is available;

(2) whether any measures were implemented to improve the rate of fee collection; if not, what is the position in this regard; if so, (a) what measures and (b) with what success?

N394ENG

REPLY:

(1) (a) & (b)

The following table reflects the amount of patients' charges for services rendered and the amount for the payment of fees received by public hospitals for the current financial year 2007/08.

INSTITUTION

TOTAL

CHARGE FOR SERVICES RENDERED

TOTAL PATIENT

REVENUE COLLECTED

UGU (DC21)

Dunstan Farrell

0

0

GJ Crookes

1,991,021

1,153,865

Murchison

366,398

298,730

Port Shepstone

3,897,923

1,974,949

St. Andrews

2,225,938

1,039,654

UMGUNGUNDLOVU(DC22)

Appelsbosch

95,673

98,751

Doris Goodwin

0

0

Edendale

6,781,325

2,524,364

Fort Napier

4,316

4,316

Grey's

7,296,577

4,016,060

Northdale

1,442,474

939,341

Richmond Chest

0

0

Townhill

645,810

339,709

Umgeni

237,042

37,475

UTHUKELA (DC23)

Estcourt

640,623

277,636

Emmaus

207,807

166,187

Ladysmith

3,699,470

1,672,617

UMZINYATHI (DC24)

Charles Johnson Memorial

637,658

533,839

Church Of Scotland

449,069

306,981

Dundee

4,140,811

2,339,882

Greytown

956,630

610,810

AMAJUBA (DC25)

Madadeni

1,647,997

1,128,043

Newcastle

5,650,819

3,714,685

Utrecht

419,452

248,874

ZULULAND(DC26)

Benedictine

1,389,733

517,016

Ceza\Thulasizwe

164,170

66,142

Itshelejuba

790,822

341,402

Nkonjeni

277,499

251,895

St Francis

69,524

53,693

Vryheid

4,678,597

1,296,653

UMKHANYAKUDE(DC27)

Bethesda

243,988

217,732

Hlabisa

641,618

392,193

Manguzi

366,534

282,509

Mosvold

592,458

441,493

Mseleni

250,662

185,758

UTHUNGULU(DC28)

Catherine Booth

138,073

77,191

Ekombe

161,872

87,064

Ekuphumeleni

7,520

7,520

Eshowe

1,405,216

1,141,340

Lower Umfolozi

214,237

184,335

Mbongolwane

159,971

143,912

Ngwelezana

1,704,416

995,264

Nkandla

536,231

311,347

St Mary's KwaMagwaza

795,343

404,699

ILEMBE(DC29)

Montebello

124,286

119,498

Stanger

2,535,684

1,864,581

Umphumulo

458,649

315,861

Untunjambili

276,844

261,937

SISONKE(DC43)

Christ The King

634,704

432,997

East Griqua & Usher

2,266,119

854,174

Rietvlei

211,203

211,203

St. Appollinaris

174,566

261,227

St Margaret's

125,935

125,935

Umzimkhulu Hosp

187

187

ETHEKWINI

Addington

14,560,156

7,685,9 69

Charles James

0

0

Clairwood

854,528

503,560

Don Mckenzie

0

0

Fosa

0

0

Hillcrest

557,052

334,335

Inkosi Albert Luthuli

14,234,397

9,686,860

King Edward Viii

8,876,189

5,493,297

King George V

746,744

108,752

Mahatma Ghandi

1,270,803

1,002,310

Oral And Dental

255,373

255,373

Osindisweni

612,009

535,372

Prince Mshiyeni Memorial

7,877,244

4,137,127

RK Khan

14,220,890

5,504,822

St. Aidans

1,999,641

526,858

Wentworth

4,915,026

1,075,914

TOTAL

135,811,546

72,124,075

(2) The KwaZulu-Natal Department of Health has put measures in place by providing ongoing training in respect of revenue collection in the form of workshops at institutional level. Further to this measure is the constant monitoring and evaluation of statistics received from hospitals to ensure optimal revenue collection.

QUESTION NO.: 38

DATE OF PUBLICATION: 19 FEBRUARY 2008

Mrs S M Camerer (DA) to ask the Minister for Justice and Constitutional Development:

(1) Whether the High Court building in Cape Town has been used by any film companies for making films; if so, (a) on which occasions and (b) who gave permission for its use;

(2) whether any fee was paid by the film companies for the use of the building; if not, why not; if so, (a) what amount in each case and (b) what entity or person received and/or benefited from the fee?

NO632E

REPLY

(1)(a) Yes Honourable member, the High Court building has been used by film companies on following occasions:

Eagle Films – 10 & 24 June 2006

(The filming of a French television series)

Philo Films- 20 & 21 January 2007 (Sat/Sun)

(The filming of a television commercial)

Metal Tiger Productions - 10 & 11 February 2007 (Sat/Sun)

(The filming of a television commercial)

Freelink - 12 March 2007 - Mon 2pm-5pm

(The filming of a television fashion film in the streets)

Rainbow Experiential Marketing - 20/21 April 2007 (Fri/Sat)

(The filming of the City Harvest Festival in and around the streets of Cape Town)

The Deal (Moonlighting Films) - 17 April 2007

(The filming of a comedy)

Discovery Film Location & Unit Management (Platypus Productions) 08/ 09 May 2007(Tue/Wed after hours)

(The filming of American/Swiss TV commercial on Keerom Street with usage of the pavement on the court side of the road)

(b) In each case permission was granted by the Judge President after he had satisfied himself that the filming would neither interfere with the business of the Court nor obstruct any public entrance or access to the courts.

(2) No fees were requested or received by the Department or the High Court in question.

QUESTION NO. 38

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO. 1)

Mrs S V Kalyan (DA) to ask the Minister of Health:

(1) With regard to each public hospital in the Western Cape, (a) what was the amount of patients' charges for services rendered, and (b) what did the hospital receive in payment for fees, in the most recent financial year for which information is available;

(2) whether any measures were implemented to improve the rate of fee collection; if not, what is the position in this regard; if so, (a) what measures and (b) with what success?

N395ENG

REPLY:

(1) (a) & (b)

Patients are charged in terms of the Uniform Patient Fee Schedules (UPFS) as gazetted annually.

This answer is supported by the detail as published in the 2008 Budget Estimates of Provincial Expenditure, Vote 6, pages 185 & 186 and table 4.1. As outlined the "Fair Revenue Target" model is used to set targets and monitor collection rates per categories of debt and per institution based on historical data and collection trends. This model addresses not only collection % on fees to be raised but also sets targets on existing outstanding debt.

Typically the categories addressed are as follows:

ÿ Road Accident Fund

ÿ Medical Aids

ÿ Individuals with balances greater than R350

ÿ Individual with balances less than R350

ÿ Other State Departments

ÿ Other, including, negative balances to be cleared

Please find herewith a schedule of the 2006/7 (audited) and 2007/08 (preliminary) revenue amounts details per facility as requested.

In summary:

2007/8 2006/7 YTD

Patient Fee Revenue R'000 R'000

R294 070 R201 714

(2) (a)

The improved measures are described below and are amongst others:

Medical Aid Schemes

Electronic data interchange (EDI) has been implemented across all hospitals. EDI covers eligibility testing at time of patient registration and submission of claim.

Collection in respect of EDI claiming is presently in excess of 90%. This compares very favourably with Private Hospitals.

Regular meetings and Designated Service Provider (DSP) agreements are in place with respective medical schemes regarding unpaid debt.

State Department Debt

Follow up of this debt is now managed centrally from the head office. Bulk settlements, regular meetings and agreements have been facilitated with amongst others the Department of Correctional Services, the Department of Defence and the Road Accident Fund.

These steps have proven to be most successful, with the Road Accident Fund, in particular, settling payments in excess of R166 million in the 2007/8 year.

Individuals

Training to revenue staff in the collection of up front payments in respect of elective treatment is encouraged.

The handover of patient debt to a debt collector is automated.

Debtors with balances in excess of R1 000 whom are handed over for collection are charged interest.

Defaulting debtors with balances in excess of R1 000 are listed.

Invoices above R10 000

Monthly lists are drawn from the billing system of the top debtors per institution and these are earmarked for pro-active follow up and monitoring.

Enhanced Reporting

Improved reporting on all categories of debt, ICD10 coding percentages, completion of Identity Number profiles % for debtors, Cell phone numbers completion % for debtors are in place per institution.

SMS Messaging

Monthly sms's are sent to debtors' detailing outstanding account details.

(b) These measures have been implemented by the department to improve the rate of collections and these have proven to be successful as evidenced by the increases in the 2007/8 Total Fee Revenue over 2006/7 of R159 million a percentage increase of 53 %.

QUESTION NO: 39/ NO633E

PUBLISHED IN INTERNAL QUESTION PAPER NO 3 OF 19 FEBRUARY 2008

Mrs S M Camerer (DA) to ask the Minister of Foreign Affairs:

Whether a certain person (name furnished) still holds the position of Deputy Director

General (DDG) on African and Multilateral Relations in her department; if not, (a) when

did the said person leave this position and (b) until when was this person paid by her

department; if so, (i) what is the relationship between her position as DDG and her job

as Chief Spokesperson for the ANC and (ii) how much time does she spend in her job

as DDG?

REPLY:

Ambassador J Duarte was appointed to the National Executive Committee of the ANC at its last National Conference that was held in December 2007. She was subsequently appointed as its spokesperson.

Following the above mentioned developments, Ambassador Duarte held discussions with the Director-General during January 2008 with regard to her position in the Department. It was decided that she would resign from the service of the Department with effect from 29 February 2008. It was further agreed that she would take leave with effect from 1 February 2008 until the date of her resignation (29 February 2008) in order to exhaust her leave days due to her.

In terms of item G2.3 of the Public Service Regulations, a monthly paid employee must give one month of written notice of resignation unless otherwise agreed by the Executing Authority. In the Department, the authority to serve a shorter notice period for members of the Senior Management Service is delegated to the Director-General.

Given the circumstances of Ambassador Duarte's situation and in the interest of the Department, requirement for her to serve the notice period was effectively waived by the Department. Ambassador Duarte performed the functions associated with her new position in the ANC after she had tendered her resignation in the Department, during her leave period.

(a) The said employee tendered a resignation with effect from 29th of February 2008.

(b) The employee would be paid until her resignation.

(i) There is no relationship.

(ii) None as the employee is on official leave.

QUESTION NO 40

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 3/2008)

WEDNESDAY, 27 FEBRUARY 2008

Ms S Rajbally (MF) to ask the Minister of Safety and Security:

(1) What are the statistics for juvenile arrests from 2004 to 2007;

(2) whether the SA Police Service is working with the Department of Education to address the issue of crime in schools; if not, why not; if so, what are the relevant details?

NO635E

REPLY:

(1) A total of 431 807 juveniles were charged with serious crimes from 1 January 2004 to 30 September 2007.

(2) Yes, the South African Police Service (SAPS) supports the National and Provincial Education Departments in their crime and safety related matters arising from their life skills programmes, in the following ways:

• SAPS and the Department of Education co-operated to develop the Signposts for Safe Schools, a resource handbook for educators, learners and school communities addressing common threats to the safety of schools and learners including, drugs, bullying, weapons and sexual abuse. SAPS also worked with the National Department of Education to arrange workshops on school safety in every province to introduce the Signposts for Safe Schools.

• SAPS makes members available to work with schools on safety issues and also to talk to learners about safety for example as part of the Adopt a Cop programmes and sector policing programmes. This includes SAPS members with specific training to talk about, for example, drug abuse.

• In the Tshwane District Municipality, SAPS assisted the Local Drug Action Committee to train stakeholders including educators, SAPS members and prosecutors to address the scourge of drug abuse in an integrated manner, focussing also on drug education in schools.

• SAPS produces information material that can be used in schools and life skills programmes, for example, school diaries with specific information for learners and educators, pamphlets on firearms safety, children's rights, Domestic Violence, Sexual Offences and drugs.

• SAPS includes schools in its community outreach and public awareness programmes arranged at station, provincial and national level. Schools are invited to participate in such events as key stakeholders.

• The National Department of Education engaged with the National Community Policing Consultative Forum, to mobilise all CPF's and communities to work closely with the schools in their communities on school safety matters. An agreement in this regard was reached in 2007 and will continue to be pursued in Community Policing Programmes in 2008.

QUESTION 40

WRITTEN REPLY

DATE OF PUBLICATION: FRIDAY, 08 FEBRUARY 2008

INTERNAL QUESTION PAPER NO.: 1-2008

MOULANA M R SAYEDALI-SHAH (DA) TO ASK THE MINISTER OF DEFENCE

What are the details of the service reports for all MK-35 anti-aircraft guns since the date of delivery;

whether the SA National Defence Force followed all instructions given by the manufacturer in terms of service and maintenance requirements; if not, why not; if so, what are the relevant details;

whether the manufacturer can be held liable for failing to report the first mechanical failure to South Africa; if not, why not; if so, what are the relevant details;

whether all contracts with weapons manufacturers include liability clause whereby the manufactures are responsible for reporting all technical and mechanical failures to buyers;; if not, (a) why not and (b) who is responsible for this oversight; if so, what are the relevant details?

-------ooo0ooo-------- N397ENG

REPLY

Works Orders are created and completed for all work done at all levels of corrective and scheduled maintenance. All actions taken are captured on the Management Information System, and by hand, on the respective Equipment History Files. The 35mm Mk V ADA Gun fleet has been in service with the SA Army since 1991, and detailed maintenance reports are available.

The SA Army follows all scheduled and corrective maintenance procedures as stipulated by the Original Equipment Manufacturers (OEM) of all Prime Mission Equipment within the inventory. The 35mm Mk V ADA Gun System has a planned Operating Phase of thirty years (up to 2025) from commissioning 1991.

Any liability issues, pertaining to any parties in any way involved in the incident, can be resolved through judicial processes and procedures.

Armscor General Conditions of Contract (A-STD-0020) does not provide for such a general liability on any manufacturer. All weapon systems procured on behalf of the DOD are subjected to quality acceptance tests to ensure compliance to specification. It is very difficult to enforce a condition on a manufacturer of weapon systems to notify the user of any malfunctioning of the system, after the acceptance of such weapon system delivered in accordance with the specification.

41. MRS S RAJBALLY (MF) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(1) How many inmates were re-arrested from 2004 to 2007 for violating parole conditions;

(2) whether those who violate parole are jailed again without taking special circumstances into consideration; if not, why not; if so, what are the relevant details?

REPLY

During 2005 the Department embarked on the process of Special Remission which benefited at least 60 000 offenders (sentenced and those under community corrections). The remission process resulted in the release of at least 31 865 offenders from correctional centres and about 33 972 from community corrections. As a result of a careful categorization of who qualifies, the process was an unprecedented success with few cases of re-offending. The Special Remission process succeeded in lowering the number of persons incarcerated from 180 000 to 150 000

The table below shows a decrease in the number of parolees who were re-arrested from 2004 to 2007:

2004

5463

2005

3301

2006

2978

2007

3573

(2) When the Department Of Correctional Services is notified about the parolees who are repeatedly violating their conditions, such parole violators must be given an opportunity to be heard. Upon receipt of such information, the Head: Community Corrections must issue a G306-warrant for the arrest of such parolees.

If the set conditions are repeatedly violated by the parolees, the Head Community Corrections must immediately submit a report of violation to the Correctional Supervision and Parole Board/the Commissioner or the delegate for a decision. The Correctional Supervision and Parole Board/the Commissioner or the delegate must decide within 14 days to:

Revoke the parole order;

Give the parolee a formal warning ;

Impose additional conditions or amend existing conditions ; or

Instruct the parolee to serve the remainder of the sentence in correctional centre.

QUESTION NO 44

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 1/2008)

Date reply submitted: 29 May 2008

Ms D Kohler‑Barnard (DA) to ask the Minister of Safety and Security:

How many SA Police Service members have been (a) criminally charged and (b) dismissed for (i) murder, (ii) rape, (iii) corruption and (iv) armed robbery in the past 24 months?

N401ENG

REPLY:

Number of SAPS members

(a) Criminally charged (i) Murder ‑ 95

(ii) Rape ‑ 92

(iii) Corruption ‑ 206

(iv) Armed Robbery ‑ 59

(b) Dismissed (i) Murder ‑ 27

(ii) Rape ‑ 25

(iii) Corruption ‑ 50

(iv) Armed Robbery ‑ 18

QUESTION NO 45

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 FEBRUARY 2008

(INTERNAL QUESTION PAPER NO 1/2008)

Date reply submitted: 12 June 2008

Mr R J King (DA) to ask the Minister of Safety and Security:

What is the reported number of shortages in equipment and resources for 2008 in the SA Police Service in each province in respect of (a) Z88 firearms, (b) R5 rifles, (c) vehicles, (d) hand‑held radios, (e) morphotouch/mobile fingerprint scanners, (f) blood alcohol kits, (g) rape kits, (h) computers and (i) cellular phones?

N402ENG

REPLY:

(a)&(b) There are sufficient firearms at present. However, there will always be a

demand for firearms; this is attributed to the continued increase in the number of functional police officials in the South African Police Service. There are therefore no shortages of Z88 firearms and R5 rifles.

(c) The reported shortages in each province for 2008 in relation to vehicles are as follows:

• Eastern Cape 141

• Free State: Nil

• Gauteng: Nil

• KwaZulu‑Natal: Nil

• Limpopo: Nil

• Mpumalanga: 84

• North West: Nil

• Northern Cape: Nil

• Western Cape: Nil

(d) There are no shortages for hand‑held radios. The necessary contracts have been established and needs are catered for when they arise.

(e) Various technologies are available that are used by the South African Police Service in our work to combat crime. Not only do we utilize "Morphotouch" but we also utilize Mobile Connectivity Devices (MCD's), Notebooks and even cell phones to give police personnel mobility. The morphotouch and the MCD devices are similar in many respect. The differences are that the MCD has extra functions. In that sense the morphotouch uses old technology. It was updated by the service provider with RapID to enhance its capability. Mobile devices are procured of course and delivered on a needs basis.

The South African Police Service will expand its mobile technology with at least 400 devices in the 2008/2009 financial year.

(f) There are no shortages for blood alcohol kits.

(g) There are no reported shortages for rape kits.

(h) The procurement of computers is affected by the following factors:

‑ The systems used/being developed

‑ Network capacity

‑ Hosting capacity

‑ Replacement of outdated equipment, and

‑ Maintenance costs

(i) There are no reported shortages for cellphones. The cellphone contracts have been entered into and needs are catered for as they arise.

QUESTION NO: 47

PUBLISHED IN INTERNAL QUESTION PAPER NO 16 OF 13 JUNE 2008

Mr J M Sibiya (ANC) to ask the Minister of Foreign Affairs:

(1)(a) In what form will the United Nations Security Council be present in Somalia and (b) what role will it play? (2) what is the situation in the Comoros after the African Union intervention force went in. (3) whether the United Nations have any personnel in Chad; if so, what role do they play; (4) what benefits will South Africa gain from the declaration of intent signed in Pretoria with the Nordic countries?

REPLY:

1. (a) In what form the United Nations Security Council will be present in Somalia and (b) what role will it play?

(a) On 15 May 2008, the UN Security Council adopted resolution 1814 (2008) on the situation in Somalia. In the resolution, the Security Council requested that the Secretary-General continues with the contingency planning for possible deployment of a UN peacekeeping Mission to succeed AMISOM. The Security Council is currently awaiting the report from the Secretary-General detailing these issues.

(b) The deployment will be done in consultation with UN Political Office in Somalia and UN country teams and will take into account possible options for the size, configuration, responsibility and proposed areas. All this also depends on progress in the political front and the improvement in the security conditions on the ground.

2. What is the situation in the Comoros after the African Union intervention force went in?

The security situation continues to be stable since the AU intervention. The first round of the Island Presidential elections took place on 15 June 2008 and the second round (run-off) of elections will be conducted on 28 June 2008 within the context of the Fomboni and Beit Salaam Agreements, which seek to address, amongst others, the constitutional competencies between the Union Government and Island Authorities. The elections are organised by the interim government that was inaugurated immediately after the military intervention which ousted the former Island President of Anjouan, Colonel Bacar, on 25 March 2008. Of importance to note is that the ousted Colonel Bacar escaped to the French administered island of Mayotte and Reunion where he applied for political asylum, which was rejected by France. France had also rejected to extradite Colonel Bacar, despite the demand from the Comoros.

According to the Independent National Electoral Commission (CENI) 127 932 voters have been registered on the electoral roll. There were five presidential and 240 voting stations. Furthermore, there were election observers from the African Union, the Indian Ocean Commission, the International Organisation of Francophonie and the League of Arab States that would be deployed in Anjouan's five regions who described the elections as free and fair. The leading candidates Mr Djaanfari Mohamed (44, 18 %) and Mr Moussa Toiyibou (40, 12 %) could not win the required majority to avoid the 28 June 2008 run-off elections.

The Comoros is, in the medium to long term, faced with the challenges that include re-integration of Anjouan into the Union, financial protocols between the Union and Island Institutions; Security Sector Reform, preparations for 2010 and 2011 elections; organisation of institutions of law and order as well as the judiciary; economic development; governance; ensuring respect for the rotational presidential formula within the letter and spirit of the Fomboni and Beit Salaam Agreements as well as the National Reconciliation Process.

3. Whether the United Nations have any personnel in Chad; if so, what role do they play?

The UN Mission in Chad known as MINURCAT comprises of approximately 300 police, 50 militaryliaison officers and civilian staff responsible for Security and Protection of civilians, Human rights and the rule of law.

UN Security Council Resolution 1778 (2007) under Chapter VI of the Charter, mandated the United Nations Mission in the Central African Republic (CAR) and Chad (MINURCAT) with the following mandate in eastern Chad and north-eastern Central African Republic;

(a) Security and Protection of civilians

Create a special police force, from the existing Chadian police, whose duties and functions will be limited to the camps in ensuring the upholding of law and order. Liaise with the national army, gendarmerie and police forces, the nomad national guard, the judicial authorities and prison officials in Chad and the CAR to contribute to a more secure environment. Liaise with the Chadian Government and the Office of the United Nations High Commissioner for Refugees (UNHCR) in support of the latter's efforts to relocate the refugee camps (which are close to the border with Sudan).Liaise closely with the Sudanese Government, the AU, the AU Mission in Sudan (AMIS), the African Union / United Nations Hybrid operation in Darfur (UNAMID) and other relevant regional and international agencies in the region

(b) Human rights and the rule of law

Contribute to the monitoring and protection of human rights, including sexual and gender-cased violence, as well as to make recommendations to the competent authorities. Support efforts that strengthen the capacity of both governments and civil societies in attaining international standards on human rights compliance and to also prevent further recruitment and use of children by armed groups. Assist both governments in promoting the rule of law; strengthen the legal system through support for an independent judiciary in coordination with other UN agencies.

4. What benefits will South Africa gain from the declaration of intent signed in Pretoria with the Nordic countries?

(a) The Government of the Republic of South Africa and the Governments of Denmark, Finland, Iceland, Norway and Sweden have, with this Declaration reached a common understanding on the overall framework for Partnership in Africa.

(b) There will be a systematic approach to sharing experience, knowledge and best practice in the area of south-south and tripartite cooperation.

(c) The Declaration will be a framework within which South Africa and the Nordic countries will cooperate in implementing joint initiatives in the Democratic Republic of Congo, Rwanda, Burundi, and Sudan

Question no.49

QUESTION PAPER DATE: FRIDAY, 8 FEBRUARY 2008

49. Mr. G Morgan (DA) to ask the Minister of Minerals and Energy:

Whether a study has been done to assess the viability of instituting a daylight saving; if not, why not; if so what are the relevant details.

Whether there is any intention to institute daylight saving; if not why not; if so () when will it be instituted and (b) what are the cost implications of such an initiative.

Reply

1. Studies were conducted on daylight savings, in 1986 by CSIR and ESKOM did a study in 2006. The conclusions of the studies was that there will not be any significant impact on the energy consumption, either in the reduction on the peak demand or reduction on the base-load power, as a result of introduction of daylight saving. It is accepted that the studies are now dated and as such a need for a new study has been identified.

The current position may be reconsidered if the new study by Eskom, which has been commissioned by the Department of Public Enterprises, recommends such. This will take into account attendant potential socio-economic impacts on a national scale and provide a cost-benefit analysis. This study is expected to be completed by June 2008.