Questions & Replies: Question & Replies No 2126 to 2150

The Minister sees the implementation of sector policing as important and is concerned about the slow pace with which sector policing has been implemented within SAPS he has therefore asked the Secretariat of Police to monitor this process and to provide the Minister with regular reports on implementation of sector policing and to identify any problems that need to be addressed in this regard.

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO: 2140

PUBLISHED IN INTERNAT QUESTION PAPER NO: 26 OF 06 NOVEMBER 2009

MR M. MNQASELA (DA) TO ASK THE MINISTER OF INTERNATIONAL RELATIONS AND COOPERATION:

Whether any of the foreign dignitaries resident in South Africa have been victims of attacks; if so, (a) on what dates, (b) what was the nature of the attack and (c) which (i) embassies' or (ii) high commissions' or (iii) consulate's officials were involved;

Whether the attacks were at the diplomatic offices, at a home or in a vehicle; if so, what is the total number of diplomats, families or staff attacked on each occasion;

(a) What are the numbers of persons arrested or charged in connection with each attack over the past five years and (b) how many of the perpetrators have been convicted?

REPLY:

We are aware of the crimes and attacks that have been committed against foreign dignitaries resident in South Africa. As a result, we have jointly established, with the South African Police, the Diplomatic Policing Unit.

With regards to 1(a); (b); (c); 2 as well as 3(a), please refer to the South African Police where the Diplomatic Policing Unit is located

FOR WRITTEN REPLY

QUESTION NO. 2139

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 06 NOVEMBER 2009

(INTERNAL QUESTION PAPER NO. 27)

Ms E More (DA) to ask the Minister of Health:

(1) Whether any studies have been conducted into the effects of the Medical Schemes Act, Act 131 of 1998, with regard to (a) community rating and (b) prescribed minimum benefits (PMB) deterring young healthy and lower income persons from obtaining private medical cover; if not, why not; if so, what were the findings;

(2) whether his department is looking into allowing medical aid schemes being able to offer lower income persons the options of choosing lower costing medical aid packages through reduced PMB; if not, why not; if so, what are the relevant details?

REPLY:

(1) The Medical Schemes Act, 131 of 1998 was implemented primarily to ensure that all individuals who are willing and able to afford private health insurance cover are accorded adequate opportunity to do so. This is precisely why the Act is based on the principles of open enrolment, community rating and the entitlement of prescribed minimum benefits (PMB). Open enrolment ensures that all individuals are treated equally when it comes to enrolling onto any given scheme and that their historical and current health profile has no bearing on whether they are allowed to join a scheme of their choice or not. To further emphasise this principle, community rating ensures that no person is levied premiums that are higher than the scheme average merely because they have a worse off health profile than other medical scheme members. Without these measures, access to medical schemes would not be available to older and sicker members of society.

While there have been challenges in the overall implementation of the Act, it is because of the enshrined principles that it is not expected that the introduction of the Act would in any way adversely impact on the ability of lower income persons from obtaining private medical cover. Medical schemes submit detailed monthly returns on their membership's age and risk status to the Council for Medical Schemes. Analysis of this data has shown that there is no evidence of younger and healthier people dropping out. On the contrary, in December 2007, a total of 4,054,065 medical scheme beneficiaries were in low risk options, while in December 2008 there were 4,686,527 beneficiaries in low risk options. This constitutes 16% growth in low risk option membership while the overall growth in numbers was 6%.

(2) Recently there has been an upsurge in the number of medical schemes requesting to be granted exemptions from the prescribed minimum provisions of the Medical Schemes Act so that they can offer low income options to their members.

The position of the Department of Health has always been that since there exists no regulatory framework wherein such exemption could be granted and more importantly that the PMBs are designed in a manner that aims to ensure that all medical scheme members are entitled to a common set of healthcare benefits irrespective of their benefit option and their income-earning status, it is impossible to grant such exemptions. It is also not acceptable for Government to assume a policy position that offers a lesser set of healthcare entitlements to one group of individuals over another purely because of their income status or for affordability reasons.

Furthermore, international and local health economics literature clearly indicates that lower income persons are more likely to face higher disease burdens and thus have more need for healthcare than their better-off counterparts. Therefore, it does not make policy or economic sense for Government to grant exemptions to medical schemes so that they are able to offer lower income persons the options of choosing lower costing medical aid packages through reduced PMB benefits.

QUESTION 2138

FOR WRITTEN REPLY

Date of publication on internal question paper: November 2009

Internal question paper no:

Mr G R Krumbock (DA) to ask the Minister of Social Development:

(1) Whether monthly social welfare payments to a certain crèche (name furnished) in the Trust Feed area, uMshwati Municipality, KwaZulu-Natal have been paid since February 2009; if not, why not; if so, what are the relevant details;

(2) Whether social welfare payments have been stopped or suspended for any other crèches in the uMshwati Municipality; if not, what is the position in this regard; if so, what are the relevant details?

NW2820E

* Khonya Child Minding Creche

REPLY:

The following reply was received from the KwaZulu – Natal Department of Social Development in relation to the above questions. The National Department of Social Development is responsible for the development of uniform norms and standards for Early Childhood Development and the provincial departments of Social Development are responsible for implementation.

(1) No. The respective ECD facility did not comply with the Public Finance Management Act (PFMA) for eligibility of funding by the Department. The facility had to be assisted in complying with the requirements of the PFMA by signing a service level agreement with the Department.

(2) Yes, due to non-compliance with the requirements of section 38 (1) (j) of the PMFA, the crèches did not sign the Service Level Agreements (SLA) which led to the suspension of funding, to the affected Early Childhood Development (ECD) centres.

To remedy this all ECD centres were guided through the process of being compliant with the requirements of the PMFA from February 2009 to September 2009. ECD centres were guided on financial management, Service Level Agreements briefing, NPO registration and review.

The Departmental officials have been assisting the ECD centres who were not compliant. After this intervention a number of ECD centres as well as Non Profit Organisations (NPOs) are now compliant with the relevant prescripts of the PMFA.

With regard to Khonya Child Minding Crèche, it must be noted that Khonya is situated in a rural farming area, occupying a crèche structure that was built by the local municipality. The CRECHE currently has infants 23 (babies – 18months) and 34 toddlers (3-4years).

KHONYA CHILD MINDING CRECHE now has a current NPO registration. Members of the KHONYA CHILD MINDING CRECHE management committee have received training on financial management and a briefing on the completion of Service Level Agreements (SLA).The ECD centre has been assisted in completing a SLA document. A process of quality assurance of all funded ECD centres by the Kwazulu-Natal Provincial Department of Social Development is presently underway; thereafter the SLA signing process is to be finalized. Once finalized funding will be reinstated in the next financial year 2010/11.

The MSHWATI Local Municipality has 27 registered and funded ECD centres. 11 were suspended from receiving subsidy, 4 of which have now been reinstated. 7 ECD centres remain suspended, including KHONYA CHILD MINDING CRECHE. One of the problem areas experienced with the KHONYA CHILD MINDING CRECHE was the non provision of a financial report and or audited financial statement.

All NPO's receiving funding were notified through a circular that the Department will be signing service level agreements with them and a checklist of the requirements that they will need to comply with was provided. In addition training on financial management for ECD centres's committees, workshops to brief them on the requirements and the signing of Service Level Agreements was also held.

ECD centres were also advised to provide a financial report or an audited financial statement for purposes of accountability. The province has a dedicated section that assists with the application, review and re-registration of ECD centres as NPO. This section was also responsible in assisting ECD centres verify their NPO registration status.

NATIONAL ASSEMBLY

FOR WRIlTEN REPLY

QUESTION NO 2137

1 Dept of Trade and Industry

M rs S J F Marais (DA) to ask the Minisbr of Trade and Industry:

(1) How did he or his department determine that incentives in terms of Motor Industry Development Programme are not used to increase profitability of the motor manufacturers;

(2) whether he or his department has conducted any study to determine the relationship between the incentives paid by the Government to the beneficiaries and /or any dividends transferred to the main shareholders abroad; if not, why not; if so, what are the relevant details for the various beneficiaries? NW2817E

REPLY:

(1) All countries hosting automotive manufacturing companies provide significant support to such countries in various forms ranging from free or highly subsidized land, investment support, dedicated road and rail infrastructure to some form of wage support.

These incentives are spent on attracting, maintaining and growing the automotive industry due to its strong linkages with a range of input industries. The incentives being provided in terms of the Motor Industry Development Programme (MIDP) are aimed at ensuring that South Africa continues to be an automotive manufacturing location in an environment of growing global competition for such investments. Compared to some of the countries hosting automotive manufacturing, the MIDP provides moderate support to vehicle producers and component manufacturers.

Investment by vehicle manufacturers has increased since 1990 and the trend has been steadily upward since the trough of the mid-1990s. Annual investment levels reached R2 billion in 2001 from about R0.8 billion in 1995. This trend continued until 2006 with a peak of R6.2 billion and annual investment has not been below R3 billion since.

(2) While the DTI has not conducted any specific study on the link between MIDP support and payment of dividends abroad, the incentives under the MIDP are linked to the performance of the business entity as per indicators such as volume of products manufactured and traded as well as the level of qualifying productive investments. The extent to which this support will raise profitability will depend inter alia on levels of investment, production and exports; firm and value chain efficiencies; and prevailing domestic and export demand.

QUESTION NO 2136

Mrs S J F Marais (DA) to ask the Minister of Trade and Industry:

(1) (a) What is the quantum of the incentives that the Government will grant to BMW in terms of the Motor Industry Development Programme, (b) what is the expected monetary return for the economy from these incentives to BMW, (c) over what period will this be realised and (d) when will the break-even point be reached;

(2) Whether only BMW will benefit from these incentives; if not, who else; if so, what are the relevant details? NW2816E

REPLY:

(1)

(a) The quantum of support accrued by any particular automotive company is calculated in terms of the rules of the Motor Industry Development Programme (MIDP), and from 2013 onwards the Automotive Production and Development Programme (APDP). However, the investment component of the APDP: the Automotive Investment Scheme (AIS) will kick in earlier and apply to investments made from July 2009 onwards.

For the MIDP the following elements of the programme apply according to the following formula:

Tariffs CBU CKD

2007 30% 25%

2008 29% 24%

2009 28% 23%

2010 27% 22%

2011 26% 21%

2012 25% 20%

Import Rebate Credits

Based on exported local content

Export Sales less imported component X applicable import duty

Duty Free Allowance

27% of locally produced domestic sales remains till 2012

Import Rebate Credits

Based on exported local content

Export Sales less imported component X applicable import duty

Productive Asset Allowance

20% of qualifying investments (land & buildings excluded)

Targeted at OEMs rationalization

From 2013 the following elements of the APDP will apply according to the following formula:

· Tarriffs:Stable, moderate tariffs will remain at 25% for light motor vehicles and 20% for components from 2012.

These tariffs are meant to provide just enough protection to justify continued local vehicle assembly.

· Local Assembly Allowance:This support will be in the form of duty credits issued to vehicle assemblers based on 20 – 18% of the value of light motor vehicles produced domestically from 2013.

This support is effectively providing a lower duty rate for local assemblers and should provide enough encouragement for high volume vehicle production in line with the target of doubling production.

· Production Incentive:From 2013 this support of 55-50% of value added computed in simple terms as sales less raw materials, in the form of a duty rebate credit, will replace the current export based scheme. Thus the actual benefit will be 55% X value add X applicable duty rate in 2013. The value-add support will encourage increasing levels of local value addition along the automotive value chain with positive spin-offs for employment creation.

· Automotive Investment SchemeFrom July 2009, this assistance will replace the current Productive Asset Allowance and will be 20% of qualifying investment paid over to participants over a three year period. The payment will be in a form of cash grant.

This support will be available to encourage investments by vehicle assemblers and component manufacturers in a manner that supports equipment upgrading.

Being formula driven, the precise quantum than any individual company receives will depend on levels of the variables set out in these formuli, including:

· Level of investment

· Level of production

· Level of exports (only under the MIDP)

· Level of value-added

The quantum that BMW will earn on an annual basis from the programme will depend inter alia on the following: their levels of investment, production, value-added as well as the prevailing discount in the market at which import rebate credit certificates (IRCCs) are trading.

(b) However, at the level of the overall MIDP/APDP programme the IDC has calculated that the net economic impact of the programme between 2008 and 2012 is extremely positive. These calculations consider key economic variables in 2020 depending on whether the MIDP/APDP is in place or not. Taking into consideration both the first round and induced impact of the programme on the economy, they calculate that with the MIDP/APDP in place.

· Gross domestic product will be R103.3bn higher by 2020 than if there is no support programme.

· Investment will be R151.7bn higher by 2020 than if there is no support programme.

· Employment will be 320,000 higher by 2020 than if there is no support programme.

· The trade deficit will be R833.3m smaller in 2020 than if there is no support programme.

· Net government revenue will be slightly higher: R19bn by 2020 than if there is no support programme.

(c) These net economic benefits will be realized over the period 2008 to 2012, that is: 12 years

(d) The IDC calculations indicate that the programme is likely to be net revenue positive by an amount of approximately R19bn by 2020, while delivering large economic contributions to GDP, investment and employment through positive multiplier and linkage effects through the economy relative to a scenario under which there is no support programme.

(2) Automotive manufacturing firms located in South Africa and who meet the specified criteria to participate in the Motor Industry Development Programme and its successor will benefit from the incentives. It is anticipated that all major vehicle manufacturers (BMWSA, FMCSA, GMSA, MBSA, NissanSA, TSAM and VWSA) will draw upon the programme.

QUESTION NO: 2133

DATE SUBMITTED:

MR AT FRITZ (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(1) How many awaiting-trial prisoners have been infected with the measles virus since its outbreak at the Johannesburg Medium A correctional centre;

(2) Whether any measures are in place to limit the spread of the measles virus at the correctional centre; if not, why not; if so, what are the relevant details? NW2808E

REPLY

(1) A total of eighty seven (87)awaiting-trial detainees were confirmed cases infected with the measles virus since its outbreak at the Johannesburg Medium A Correctional Centre. Confirmed cases imply that they presented measles symptoms. There maybe others infected, but may not present measles symptoms and therefore it cannot be concluded that they were infected with measles.

(2) The following measures were implemented to limit the spread of the measles virus within the Correctional Centre:

· Management of measles using the relevant guidelines of the Department of Health.

· The Correctional Centre was quarantined for fourteen days.

· Movements into and outside the Correctional Centre were restricted to essential staff only.

· Staff and offenders were immunized.

· Infection control measures were implemented.

· Screening of awaiting-trial detainees to identify suspects was conducted on admission and continuously.

· Symptomatic management of the individual patients.

QUESTION NO: 2132

DATE SUBMITTED:

MR AT FRITZ (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

With reference to the liabilities incurred in excess of R988 million as a result of bodily injury/assault by her department's staff, (a) what is the nature of each of these liabilities, (b) what proportion of the liabilities in respect of bodily injury/assault are (i) unadjudicated claims, (ii) claims settled out of court and (iii) amounts awarded by the courts to claimants, (c) what are the reasons for the tenfold increase in liabilities incurred as a result of claims related to bodily injury/assault and (d) what (i) steps has her department taken to recoup the costs of claims against her department from officials who have been found liable in law for the losses or damages suffered by her department and (ii) are the details in each case? NW2807E

REPLY

(a) The only claim against the Department to the amount of R 900 million has been instituted by Mr. DS Mthethwa for pains suffered and defamation of character. This case is still pending in court and details can only be furnished once it has been finalised.

Other claims settled by the Department:

Ø Monwabisi Ndodana's claim was settled at R15 000-00.

Ø Greyling Gerber: Adv Bridgman NO was settled for R 60 000.00

Ø Jonathan Kumbie's claim was settled at R50 000-00 after initially claiming R100 000-00.

Ø Thembela Fhutshane's claim was settled at R45 000-00 after he

initially claimed R100 000-00.

(b) (i) There are no unadjudicated claims at present.

(ii) The claims for R60 000-00; R15 000-00; R50 000-00;

R45 000-00 were settled out of Court.

(iii) See (ii) above.

(c) The increase in liabilities incurred is inflated by the one case where the claimant is claiming an amount of R900 million. There has not been an overall increase in the amount of claims brought against the Department.

(d) (i) The Department has adopted a policy which has been in place for approximately a year now whereby civil claims are instituted against officials in cases where the Department incurred liabilities as a result of the unlawful actions of such members.

(ii) The Department is currently claiming R100 000.00 from five officials who have assaulted inmates. (Phutsane and others v Department of Correctional Services – Eastern Cape).

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO 2130

DATE REPLY SUBMITTED: MONDAY, 7 DECEMBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 6 NOVEMBER 2009 (INTERNAL QUESTION PAPER: NO 27 – 2009)

Mr S B Farrow (DA) MP asked the Minister of Transport:

What progress has been made with the investigations into the alleged fraudulent (a) payments made out of a certain Passenger Rail Agency of South Africa (Prasa) bank accounts amounting to R5,7 million as reported by the Auditor-General in the annual report and (b) banking transactions made out of abovementioned agencies' bank accounts amounting to R8,1 million processed in the Metrorail Durban and Tshwane regions in 2008?

NW2805E

REPLY:

The Minister of Transport:

(a) and (b)

According to the Passenger Rail Agency of South Africa (PRASA), the fraudulent transactions were reported to both the concerned bank and the South African Police Service. PRASA also enlisted the services of Deloitte Forensics for an investigation and they recently submitted a draft of the investigation report. It is being studied by PRASA and further steps will be spelt out in due course.

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION NO 2129

DATE REPLY SUBMITTED: MONDAY, 7 DECEMBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 6 NOVEMBER 2009 (INTERNAL QUESTION PAPER: NO 27 – 2009)

Mr S B Farrow (DA) asked the Minister of Transport:

Whether the Ports Regulator has submitted a strategic plan to his department; if not, why not; if so, what are the relevant details?

NW2804E

REPLY:

The Minister of Transport:

Yes, the Ports Regulator of South Africa has submitted the Regulator's 2009/10 Strategic Plan and the Performance Agreement to the Department of Transport (DoT) on 04 August 2009.

This document is available on the Port Regulator's website (www.portsregulator.org) or from its office on the 11^th Floor, The Marine, Gardiner Street, Durban.

QUESTION 2128

DATE OF PUBLICATION: Friday, 6 November 2009

INTERNAL QUESTION PAPER NO 27 OF 2009

Mr E J Marais (DA) to ask the Minister of Home Affairs:

(1) Whether any measures are in place to ensure that passenger's basic human rights are not violated during luggage searches at airports; if not, why not; if so, what are the relevant details;

(2) whether custom officials receive training to ensure that passenger's dignity and right to privacy are not violated during these searches at airports; if not, why not; if so, what are the relevant details;

(3) whether any processes are in place for passengers who feel that their rights have been violated during these searches at national airports to file complaints; if not, why not; if so, (a) what are the relevant details and (b) how many of such complaints were filed?

NW2802E

REPLY

(1) to (3) It is suggested that the Honourable Member directs this Question to the Ministers of Finance, and Police, as searching of passengers and, or their luggage, at airports is not the function of the Department, nor of the Customs.

QUESTION NUMBER 2127

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NUMBER 27)

Mr E J Marais(DA) to ask the Minister of Mineral Resources:

(1) Whether mining licences are approved before inputs from other spheres of government have been received; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether any mining licences have been issued before zoning and environmental impact assessments (EIA) have been completed; if so, (a) how many licences, (b) in how many cases did the applicants withdraw the zoning and the EIA applications after the licences were issued and (c) what steps is her department taking to ensure that zoning and EIA are done?

REPLY

(1) There is no provision in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) provides for the issuing of mining licenses. However, sections 17, 23 and 27 of the MPRDA empower the Minister to grant prospecting rights, mining rights and mining permits. Section 40(1) of the Act states that "When considering an environmental management plan or environmental management programme in terms of section 39, the Minister must consult with any State department which administers any law relating to matters affecting the environment."

(2) There is no provision in the MPRDA that calls upon the Minister to grant prospecting or mining rights subject to zoning requirements of a local government. As far as EIAs are concerned they are conducted during the EMP process.

NATIONAL ASSEMBLY

(For written reply)

QUESTION NO. 2126

INTERNAL QUESTION PAPER NO. 27 of 2009

DATE OF PUBLICATION: 06 November 2009

Mr M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

Why did the Marine and Coastal Management determine the recreational scuba diving permit prices on a 50% willingness to pay basis, (b) what effect does this permit price have on the socio-economic situation of communities and businesses (i) directly and (ii) indirectly by the imposition of a Marine Protected Area where recreational scuba diving permits are required and (c) how does this permit price achieve the objective of promoting eco-tourism activities?

2126. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

The independent study undertaken regarding scuba fees used this established methodology. Its recommendations were considered when the Minister of Finance approved the level of fees for individual scuba divers in 4 Marine Protected Areas (MPAs) in 2006. In addition, when the scuba fees were published for comment regarding the Stilbaai, St Lucia and Maputaland MPAs, and the proposed Border MPA, only one comment and one query relating to the fees was received. This comment suggested that the permit fees should be zero instead of R75 annually or R45 monthly.

(b)(i) In relation to the cost of scuba diving the direct cost of an annual permit at R75 (current cost) is approximately 20-30% of the cost of a single dive with an operator; i.e. very low. The monthly fee of R45 for tourists and other ad hoc divers is even lower.

(b)(ii) The "imposition" of an MPA is of great value to scuba divers, rather than being an imposition to them. For example, the Crown Area of the Aliwal Shoal MPA and the Castle Rock Restricted Zone in the Table Mountain National Park Marine Protected Area, where fishing is prohibited, are very popular dive areas. These sites and others allow divers to enjoy a much-enhanced experience (as would be the case in a terrestrial Protected Area where fees are routinely imposed for entrance into and use of facilities in such areas).

(c) The management of 20 marine protected areas costs the Marine Living Resources Fund and the Department over R20 million annually in direct costs. The cost is partially recovered from the main user groups, one of which is eco-tourism operators and eco-tourists, including scuba divers. The value of tourism in MPAs in relation to the eco-tourism opportunities (quite apart from their benefit to biodiversity and fisheries) is much greater than the annual management cost.

QUESTION NO 2143

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 NOVEMBER 2009

(INTERNAL QUESTION PAPER NO 27- 2009)

Date reply submitted: 7 December 2009

Ms L D Mazibuko (DA) to ask the Minister of Police:

(1) (a) How many SA Police Service stations do not have victim support rooms and (b) where are rape victims and victims of sexual crimes currently interviewed at these police stations;

(2) whether any of these police stations have a plan in place to have one installed; if not, why not in each case; if so, what (a) are the relevant details and (b) is the timeline in each case?

NW2829E

REPLY:

(1)

(a) The SAPS has established Victim Support Rooms (VSR's) at 795 police stations in the country to date. There is still the need to establish a further 321VSR's in all Provinces in total.

(b) At police stations, where there are no VSR's specifically designated for victims of sexual offences, interviews are conducted in private cubicles at the Community Service Centre (CSC) or taken to an existing office, used by support staff or detectives, where statements are taken in privacy.

(2) All new constructions and future renovations at police stations will include Victim Support Rooms.

(a) All new police stations constructed, are equipped with Victim Support Rooms, as well as Sensitive Statement offices. Where existing police stations are upgraded, these facilities are also upgraded, or where they do not exist, are provided as part of the upgrading project. An amount of R6,5 million was also made available, to provide 27 mobile Victim Support Centres, at identified police stations throughout the country, within the current financial year.

(b) The timeline for the mobile units include delivery and installation by the end of December 2009.