Questions & Replies: Questions & Replies No. 451 to 475
2010-03-15
THIS FILE CONTAINS 25 REPLIES.
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QUESTION NO.: 451
DATE OF PUBLICATION: 26 FEBRUARY 2010
Dr P J Rabie (DA) to ask the Minister of Economic Development:
(a) What (i) vehicles, (ii) aircraft and (iii) properties are currently owned by his department and (b) with regard to each item, (i) when was it purchased, (ii) how much did it cost and (iii) for what reason was it purchased? NW526E
REPLY
The Economic Development Department (EDD) does not own either aircraft or properties.
The Department is in the process of procuring vehicles for official use by the Minister and departmental staff respectively. The final cost of said vehicles will be confirmed upon delivery.
QUESTIONS FOR WRITTEN REPLY NO 452 ( NW 527 E )
Mr. PJC Pretorius (DA) to ask the Minister of Labour :
1. (a) How many audit committee meetings have been held in the financial year 2009-10,(b) whether a quorum of members were present at all these meetings; if not,(a) how many did not have a quorum; if so, what are the details, (c) who are the current members of the audit committee and (d) what is the attendance register for member of the audit committee at meeting in the 2099-10 financial year, up to the latest date for which information is available? (527)
The Minister of Labour responded;
1 (a) Six Audit Committee meetings were held during the financial year 2009 - 10
(b) The Audit Committee Charter specifies that the quorum will be 50% plus one. There are four members thus three members need to attend any meeting to form a quorum. At all the meetings held a quorum was present.
© Ms. MM Mahlabe Chairperson
Mr. N Mlamla Chairperson of the UIF Audit Committee
Mr. K Buthelezi Chairperson of the CF Audit Committee
Mr. T Mageza Independent member
( d)
| Date of meeting | Ms. MM Mahlabe | Mr. N Mlamla | Mr. K Buthelezi | Mr. T Mageza |
| 25 May 2009 | Attended | Absent with apology | Attended | Attended |
| 30 May 2009 | Attended | Attended | Attended | Attended |
| 30 July 2009 | Attended | Attended | Attended | Absent with apology |
| 21 August 2009 | Attended | Attended | Attended | Attended |
| 21 September 2009 | Attended | Attended | Attended | Attended |
| 20 November 2009 | Attended | Attended | Attended | Attended |
QUESTION NUMBER 453
DATE OF PUBLICATION: 5 MARCH 2010
Mr P van Dalen (DA) to ask the Minister of Finance:
Whether any coal was (a) exported from and (b) imported into any habour in each of the past five financial years up to the latest specified date for which information is available; if not, what is the position in this regard in each case; if so, in each case, (i) from which habour, (ii) by which company, (iii) to which country, (iv) what was the (aa) weight, (bb) quality and (cc) monetary value of the coal in each case and (v) what was the imported coal used for? NW528E
REPLY:
(a)Coal was exported from South African harbours and land border posts in each
of the past five financial years.
(i) 95% of all exported coal was exported through Richards Bay harbour, with the remaining five percent exported through Durban Harbour, Beitbridge and Grobelaars Bridge border posts.
(ii) Section 4(3) of the Customs and Excise act prevents SARS from disclosing the details of declarations including company names.
(iii) Coal was exported to a number of countries which are listed in detail in Appendix A.
(iv)The weight and monetary value of coal exports for the past five financial years are provided below. Information regarding the quality of coal exported is not declared and as such is unavailable.
| Financial year | Weight | Value |
| 04/05 | 65,858,997,596 kg | R16,321 ,571 ,635 |
| 05/06 | 72,989,220,881 kg | R21,513,613,738 |
| 06/07 | 66,308,150,167 kg | R21 ,409,165,011 |
| 07/08 | 67,831,446,432 kg | R24,788,688,612 |
| 08/09 | 65,335,758,215 kg | R41,689,984,546 |
(b) Coal was imported into South African harbours in each of the past five financial years.
(i) 97% of all imported coal was imported through Richards Bay harbour, with the remaining three percent imported through Cape Town and Durban harbours.
(ii) Section 4(3) of the Customs and Excise act prevents SARS from disclosing details relating to declarations including company names.
(iii) Coal was imported from a number of countries a detailed list of which is attached in Appendix B.
(iv) The weight and monetary value for the past five financial years is provided below. Information regarding the quality and use of the coal is not declared and as such is unavailable.
| Financial year | Weight | Value |
| 04/05 | 1,812,124,011 kg | R738,368,520 |
| 05/06 | 1,872,810,494 kg | R1,365,795,906 |
| 06/07 | 1,920,198,479 kg | R1 ,606,391 ,706 |
| 07/08 | 1,582,888,171, kg | R1,354,258,696 |
| 08/09 | 1,934,614,080 kg | R4,999,4 74,895 |
QUESTION NO 454
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 FEBRUARY 2010
(INTERNAL QUESTION PAPER NO 4- 2010)
Date reply submitted : 24 March 2010
454. Mr P van Dalen (DA) to ask the Minister of Police:
(1) Whether he has been informed that the minimum standards for sector policing are not adhered to regarding vehicles and personnel in Kuilsriver police station; if not,
(2) whether he will investigate this matter; if not, why not; if so,
(3) whether he intends taking any action to rectify the situation; if not, why not; if so, what action;
(4) whether the SA Police Service would be liable for any claim of not receiving a service as a result of the minimum standards not been met by its members; if not, what is the position in this regard; if so, what are the relevant details;
(5) how many SAPS stations are not adhering to the minimum standards for policing and the deployment of personnel?
NW529E
REPLY:
(1) Yes.
A complaint was made by the Community Police Forum that the minimum standards with regard to Sector Policing were not being adhered to at Kuilsriver SAPS. Sector Policing in the Western Cape is implemented according to a standard set by the Management of the South African Police Service in Western Cape.
(2) Yes.
The complaint was investigated by the Station Commander who was satisfied that there were sufficient personnel and vehicles deployed to address the operational requirements of the station precinct.
(3) Yes.
During peak times and over weekends the deployment capabilities are enhanced by reservists performing duties as well as members from Visible Policing support environment who perform operational duties. The personnel strength at SAPS Kuilsriver will be increased with twenty seven (27) students who are currently in various phases of training.
(4) No.
(5) This is constantly being accessed and measured and based on this assessment interventions are then made to ensure compliant
QUESTION NO. 455
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: (26-02-2010) (INTERNAL QUESTION PAPER NO. 4-2010)
"455, Mrs SV Kaylan (DA) to ask the Minister of Science and Technology:
(1) (a) What (i) vehicles (ii) aircraft and (i) properties are currQnty owned
by her department and (b) with regard to each item] (I) when was it purchased (II) how much did it cost and (iii) for what reason was it purchased?NW530E
REPL Y
Table is here
NATIONAL COUNCIL OF PROVINCES
QUESTION 455 Written Reply 05 November 2010
455. Mr D B FELDMAN (COPE-Gauteng) to ask the Minister of Public Works:
Whether any action has been taken against officials in the Property Management Trading Entity who procured goods and services above the value of R1 million contrary to the requirements of Treasury Regulation 16A6.4; if not, why not; if so, what action? CW563E
Reply
The procurement took place in the prior years. The matter is still under investigation as some of the responsible people are no longer with the department.
QUESTION 456
QUESTION FOR WRITTEN REPLY
456. Mr S C Motau (DA) to ask the Minister of Energy
(a) What (i) vehicles, (ii) aircraft and (iii) properties are currently owned by her department and (b) with regard to each item, (i) when was it purchased, (ii) how much did it cost and (iii) for what reason was it purchased? NW531E
REPLY
The Department of Energy has no specific allocated assets. It will formally have an asset register on the 1st of April 2010, after the Department of Minerals and Energy is completely split into Department of Energy and Department of Mineral Resources. The two Director-Generals will be signing off the asset registers on the 31st March 2010.
NATIONAL COUNCIL OF PROVINCES
QUESTION 456 Written Reply 05 November 2010
456. Mr D B FELDMAN (COPE-Gauteng) to ask the Minister of Public Works:
(1) Whether, with reference to the 2009-10 Annual Report, her department has taken any action against officials who let immovable state properties out at tariffs lower than market-related rates contrary with the requirements of Treasury Regulation 16A.7.4 PSR 2001; if not, why not; if so, what action;
(2) Whether the failure to charge ruling tariff rates has been rectified in each case; if not, why not; if so, what are the relevant details? CW564E
Reply
(1) No action has been taken against officials as the contracts reported were concluded long time ago and the responsible people are no more within the employ of the department.
The department has put in place measures to ensure that market related rentals are implemented as and when the contracts expire
QUESTION NO: 457
PUBLISHEN IN THE INTERNAL QUESTION PAPER NO: 4 OF 26 FEBRUARY 2010
Mr S Mokgalapa (DA) to ask the Minister of International Relations and Cooperation:
(1) Whether any plans are in place to mark the 100th anniversary of the Japan/South Africa relations; if not, why not; if so, what plans;
(2) Whether her department is taking any action in strengthening public diplomacy; if not, why not; if so, what action?
REPLY:
(1) Yes, the Embassy of South Africa in Tokyo is coordinating and presenting a programme of events in celebration of the centennial of official relations between the two countries in Japan; while the Embassy of Japan will present a programme of events in South Africa. The Centennial Celebrations events are designed to promote and deepen people-to-people interaction and mutual understanding of our respective cultures.
The Embassy of Japan has already hosted various cultural events, which include a Japanese Film Festival in Pretoria, Durban, Cape Town and Johannesburg. And a traditional Japanese Kabuki lecture; while a joint concert with the Johannesburg Philharmonic Orchestra, featuring both a Japanese conductor and a Japanese pianist is scheduled to take place on 10 March 2010. Other events are also planned.
As part of its legacy project, the Embassy of Japan is planning to establish a Centre for Japanese Studies at the Gordon Institute for Business Science (GIBS), which will provide full scholarships to selected candidates from previously disadvantaged communities.
The Embassy of South Africa in Tokyo is planning, among others, a rugby match between South Africa and Japan; a South African film festival; and "The Treasures of South Africa Exhibition" in collaboration with the Department of Arts and Culture. The centennial year coincides with the FIFA 2010 Soccer World Cup in which the Japanese national team will participate, and we are looking forward to welcoming high-profile visitors from Japan.
(2) The Department of International Relations and Cooperation has developed a public diplomacy strategy and a resourcing plan (with a detailed personnel and programme costing) for implementation in the next financial year. The new public diplomacy dictates that we go beyond the traditional state-to-state relationship to also focus on the relationship between the state and other stakeholders across the world in search of the creation of long lasting relationships.
The new strategic focus areas which have been identified include:
- internal communications;
- marketing intelligence and customer research;
- brand management (inter/national advertising);
- branch-based account management system;
- intensification of outreach programmes;
- translations into French, Spanish and Mandarin;
- development of multi-stakeholder and multimedia delivery platforms;
- development of websites and e-channels for embassies/missions from the DIRCO Head Office;
- password-accessed intranet;
- a dedicated team for ministerial and foreign service support; and
- Centralised distribution and warehousing.
QUESTION NO 458
DATE REPLY SUBMITTED: 30 MARCH 2010
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 26 FEBRUARY 2010 (INTERNAL QUESTION PAPER: NO 4 – 2010)
Mr S B Farrow (DA) asked the Minister of Transport:
With reference to the Financial and Fiscal Commission's submission pertaining to the condition of the road network, what was (a) the budgeted amount allocated to the SA National Road Agency Ltd (Sanral) for the maintenance and repair of (i) national roads and (ii) potholes and (b) the actual expenditure on the maintenance and repair of roads (i) in the past three financial years and (ii) during the period 1 January 2009 up to the latest specified date for which information is available?
NW533E
THE REPLY:
(a) (i)
The South African National Roads Agency Limited (SANRAL) receives a global sum from the National Treasury (for non-toll roads) for the various activities to be carried out, i.e. to maintain, expand, strengthen pavements, etc. SANRAL then uses the pavement management system (PMS) component of its well-established Asset Management System to ascertain the actions to be taken to preserve the national road network.
(ii)
SANRAL does not receive a pre-determined amount for the repair of potholes, nor does it advocate the setting up of such a fund. It is proposed that potholes are a manifestation of poor maintenance management systems in an organisation. SANRAL has instituted a routine road maintenance programme through which potholes are
attended to within 48 hours of being observed. This programme covers the entire 16 170 km national road network.
(b) (i) and (ii)
The attached table shows the monies "allocated" to the various activities over the period in question.
Toll roads are funded by SANRAL through borrowings from the capital markets. This source of funding makes a major contribution to the upkeep of roads in South Africa.
QUESTION NO 459
DATE REPLY SUBMITTED: 30 MARCH 2010
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 26 FEBRUARY 2010 (INTERNAL QUESTION PAPER: NO 4 – 2010)
Mr S B Farrow (DA) asked the Minister of Transport:
(1) With reference to the findings in the Automobile Association's 2008 report that 60% of the road network was in a "poor" or "very poor condition", what mechanisms and/or policy has his department adopted to reduce this percentage to the internationally-accepted benchmark figure of 10%;
(2) (a) how many (i) national roads has Sanral identified in the past three years as being in a "poor" or "very poor condition" and (ii) of these roads (aa) have been repaired and (bb) have not yet been repaired and (b) what is the total expenditure Sanral has incurred in the past three financial years on the maintenance and repair of national roads;
(3) what measures has his department adopted to establish and implement a needs assessment policy in order to assist National Treasury in the process of allocating funds to national road funding in accordance with the recommendations of the Financial and Fiscal Commission?
NW534E
THE REPLY:
(1) The Department of Transport (DoT) initiated a project along with all the other roads authorities in South Africa to collate all available road condition data in a central database to enable us to validate the actual condition of the South African road network. The preliminary results of this project indicate the following with regard to network in "poor" to "very poor condition":
Ø Paved Network – 12.39 % or 19,050 km
Ø Gravel Network – 49.38% or 292,975 km
The contributing factor to the above was under-funding of road maintenance and repair requirements. Using the above data optimum, a maintenance budget allocation procedure was developed and presented to the National Treasury. A joint task team is currently refining the procedure with the objective of phased implementation during the next Medium Term Expenditure Framework (MTEF) budget cycle.
(2) For the South African National Roads Agency Limited (SANRAL), the requested information with regard to national roads is:
(a) (i)
As part of the well-established Asset Management System of SANRAL, the road network under SANRAL's jurisdiction is surveyed annually with its Road Survey Vehicle to determine its overall condition. For 2009 a total of 1,432 km (or 8.9%) of the 16,170 km SANRAL network was identified as in a poor to very poor condition.
(ii) (aa) SANRAL is currently busy with reconstruction activities on 699 km of the above 1,432 km.
(bb) On the remainder of 733 km, no reconstruction activities have started yet, but will in the next budgetary cycle (i.e. 4,5%).
(b) See the attached table.
(3) Cabinet approved the Road Infrastructure Strategic Framework for South Africa (RISFSA) and its action plan in October 2006. This document is the embodiment of roads policy in South Africa and provides a blueprint for roads planning and development for all roads authorities across the country. It adopts a cluster approach to road network management in order to ensure equity in roads funding, i.e. assess and prioritize road investment within each cluster according to function, significance and impact.
The Department of Transport initiated a project along with all the other roads authorities in South Africa to collate all available road condition data in a central database to enable us to validate the actual condition of the South African road network. RISFSA guidelines in conjunction with the initiative to collect all available information from roads authorities are evidence of measures underway to assist National Treasury in establishing the funding requirements of the sector and prioritization of needs.
QUESTION 461DATE OF PUBLICATION: Friday, 26 February 2010
INTERNAL QUESTION PAPER NO 4 of 2010Ms H N Makhuba (IFP) to ask the Minister of Home Affairs:
(1) Whether she has been informed of officials at offices of her Department that are allegedly negative and uncaring towards applicants for identity documents, resulting in applicants being uncertain of what documents to bring to the offices when applying for and finalising applications for ID documents; if not, why not; if so,
(2) whether she intends taking any steps in this regard; if not, why not; if so, what steps;
(3) whether she intends introducing a system whereby applicants for ID documents are assisted properly, especially in the rural areas; if not, why not; if so, what are the relevant details?
NW536E
REPLY
(1) Yes. Clients have reported uncaring behaviour from officials. Feedback from clients is, mostly, received through correspondence, as well as, via my Complaints and Compliments Unit. During my office visits, and my interaction with members of the public, concerns with regard to poor service delivery by our officials, are also, brought to my attention.
(2) Steps already taken include, the compulsory wearing of name tags for easy identification of officials to ensure that members of the public can identify the official(s) that served them poorly. Disciplinary action is undertaken against the officials who do not comply with service delivery standards. Before the introduction of the compulsory wearing of name tags it was difficult to take action against officials for poor service delivery. I also conduct unannounced office visits to identify offices which have service delivery challenges.
(3) Some of the initiatives already implemented by the Department are:
· Pamphlets and posters on photograph requirements for identity documents, and passports were distributed to front offices for the public's attention.
· We have deployed floor walkers at our offices to assist clients with the completion of forms, and to inform clients of the requirements for the respective applications.
· Offices have been instructed to establish information desks, where clients are informed on the requirements for all applications.
· 63 offices have been refurbished, and have clear and proper visible signage.
· One hundred and seventeen (117) fully computerised mobile units, as well as twenty five (25) 4X4 vehicles, are deployed, especially in rural areas.
· A National Campaign was started last year, and launched on 23 March 2010, and this campaign focuses, among other things, on the collection of ID applications in rural areas, as well as the registration of births of unregistered children.
QUESTION NO: 462
PUBLISHED IN INTERNAL QUESTION PAPER NO 4 OF 26 FEBRUARY 2010
Mr L S Ngonyama (Cope) to ask the Minister of International Relations and Cooperation:
Whether new partnerships have been forged with other nations over the past ten months in line with her department's revised strategic priorities to ensure an impact on growth and development; if not, why not; if so, (a) with which countries, (b) what are the timelines and (c) what are the further relevant details?
REPLY:
Yes, the DIRCO has embarked on initiatives.
A)
Our government continues to build on the good relationship established since 1994 with all countries. A specific focus of these initiatives is the leveraging of possibilities to advance our developmental agenda. So, this would relate to the priorities as determined by our government from time to time including the period of the current administration.
B and C)
Engagement with all countries with which relations have been established since 1994 is an ongoing process in order to achieve tangible results, but the urgency of addressing poverty is emphasized in these engagements.
The Minister of International Relations and Cooperation understands that all government priorities must receive urgent attention and therefore all priorities are urgently addressed in all bilateral mechanisms such as Joint Commissions.
QUESTION NO: 463
PUBLISHED IN INTERNAL QUESTION PAPER NO 4 OF 26 FEBRUARY 2010
Mr L S Ngonyama (Cope) to ask the Minister of International Relations and Cooperation:
Whether, in line with her department's revised strategic objectives, her department has enabled the Government to strengthen South-South relations over the past ten months in order to enhance interdependence among member countries with a view to meeting common socioeconomic challenges; if not, why not; if so, (a) which countries are now working in closer partnership with the Government to address poverty and (b) how did poor communities benefit?
REPLY:
Yes
A)
South Africa is extensively engaging other countries of the South, both bilaterally and within appropriate South-South fora, such as the India, Brazil, South Africa (IBSA) Forum; the New Africa Asia Strategic Partnership Forum (NAASP) and the Indian Ocean Rim-Association for Regional Cooperation (IOR-ARC) to promote mutual economic development, inter alia aimed at addressing poverty.
The Minister of International Relations and Cooperation understands that ALL government priorities must receive urgent attention and therefore all priorities are urgently addressed in all bilateral mechanisms such as Joint Commissions.
B)
Poor communities benefit when such cooperation leads to the creation of decent work, the provision of better skills and rural development.
Due to the nature of multilateral processes, it should be noted that it is particularly
difficult to quantify with any degree of certainty the impact of multilateral efforts towards poverty alleviation or community development, especially at the national level. Multilateralism does, however, contribute towards the creation of an enabling international environment wherein countries are able to develop and strengthen partnerships for the mutual advancement of their economic development and, thereby, over the medium-to-long-term, national socio-economic challenges and development priorities can be addressed. In order to strengthen South-South Cooperation, the Department's strategic objectives include working with countries of the South to create political, economic and social convergence for the fight against poverty, underdevelopment and marginalization of the South. In this regard, several Ministerial and Summit meetings of the groupings of the South, the UN and other multilateral and inter-continental arrangements were attended at the Head of State or Ministerial level during the ten-month period referred to in the question.
QUESTION NO: 464
PUBLISHED IN INTERNAL QUESTION PAPER NO 4 OF 26 FEBRUARY 2010
Mr L S Ngonyama (Cope) to ask the Minister of International Relations and Cooperation:
Whether her department has in the past ten months launched any initiatives in support of sustainable economic growth and the achievement of urgent government priorities as stated in the medium term strategic framework; if not, why not; if so, (a) what initiatives, (b) who are the strategic partners, (c) what immediate benefits are meant to accrue from them and (d) which of the urgent government priorities will be immediately addressed?
REPLY:
Yes, the DIRCO has embarked on various initiatives in the past 10 months.
A)
All the mechanisms for bilateral relations are being audited and aligned with national interest as contained in the MTSF and the SONAs of Pres Zuma in 2009 and 2010. Naturally, the key focus is on 5 + 3 key priorities in the SONAs and underpinned by the MTSF.
My Department has actively engaged other countries in the promotion of the export of South African goods and services and, where appropriate, on inward investment and tourism, as well as the transfer to South Africa of prioritised skills and technology; also international cooperation in the fight against crime.
B and C)
While many countries have been the focus of some or all of these initiatives, it is evident that countries which present large domestic markets for SA goods and services and/or have the financial means to acquire them or to make substantial investments in South Africa; or have high-tech skills, were the main focus of these initiatives.
The benefits sought include the creation of decent employment; the provision of better education and health services; and rural development, as well as improved crime fighting intelligence
D),
My department understands that ALL government priorities must receive urgent attention and therefore all priorities are urgently addressed in all bilateral mechanisms such as Joint Commissions.
QUESTION 465
WRITTEN REPLY
26 FEBRUARY 2010
465. Mr P B Mnguni (Cope) to ask the Minister of Public Works:
Whether his department has undertaken any refurbishment to houses or apartments to be occupied by (a) Ministers, (b) Deputy Ministers and (c) any officials taking up office after the 2009 general elections; if not, what is the position in this regard; if so, (i) for whom was each house or apartment refurbished, (ii) where did the refurbishments take place, (iii) at what cost and (iv) what was done at each house or apartment? NW540E
REPLY:
(a) and (b) Yes, the Department has undertaken refurbishment to residences to be occupied by Ministers and Deputy Ministers.
(i) The residences were refurbished for Ministers and Deputy Ministers, in Cape Town and Pretoria.
(ii) Residences were refurbished by the Department in Cape Town and Pretoria.
(iii) In Pretoria, the total cost for refurbishment amounted to R33 million and in Cape Town the total cost for refurbishment amounted to R915 000.
(iv) In Pretoria and Cape Town, minor and major renovations were effected at the respective residences.
QUESTION 466
26 FEBRUARY 2010
WRITTEN REPLY
466. Mr PB Mnguni (Cope) to ask the Minister of Public Works:
Whether his department has acquired any new immovable assets to provide official accommodation for any national department since 1 April 2009 up to the latest specified date for which information is available; if not, what is the position in this regard; if so, (a) which assets, (b) at what cost, (c) for whom and (d) from where? NW541E
REPLY
(a) The Department has acquired seven (7) new immovable assets to meet the requirements of the client departments.
(b) R 40 647 440.00
(c) For State use
(d) Procured on an open market
Question 467
Written Reply
26 February 2010
467. Mr P B Mnguni (COPE) to ask the Minister of Public Works:
Whether his department administers the Government Immovable Asset Management Act 19 of 2007, in respect of all its provisions; if not; (a) in which areas is implementation lagging or failing; (b) what measures have been taken to correct these or any shortcomings; (c) what is the prognosis for remedial action in 2010 and (d) what steps will he take to fully implement the Act in 2010?
NW542E
REPLY
Yes; The Government Immovable Asset Management Act, 2007 (GIAMA) came into operation for National Government Departments on 30 April 2009 and will come into operation for Provincial Departments on 01 April 2010.
All National Government Departments, except for the newly established Departments of Economic Development and Women, Youth, Children and People with Disability, are complying with the Act. The two Departments wioll be required to comply with GIAMA with effect from 01 April 2010.
All provinces are busy with preparatory work and will be required to comply with the Act with effect from 01 April 2010.
QUESTION NO 468
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 FEBRUARY 2010
(INTERNAL QUESTION PAPER NO. 4)
468. Mr D A Kganare (Cope) to ask the Minister of Water and Environmental Affairs:
(1) (a) Which provinces does the Sedibeng Water Board serve; (b) what is the relationship between the stakeholders of these provinces and the board and (c) what instrument does she use to assess this relationship;
(2) whether these stakeholders are aware of this instrument; if not, why not; if so, how were they made aware of it;
(3) whether she has a list of these stakeholders in each province; if not, how does she interact with them; if so, when last did she correspond with these stakeholders? NW544E
---00O00---
REPLY:
(1)(a) Sedibeng Water serves parts of the Free State, North West and the Northern Cape provinces.
(1)(b) Sedibeng Water Supplies bulk potable water to selected municipal clients in the provinces listed above.
(1)(c) The relationship between a water board and a municipality as its client is usually tied down in a formal written contract between the water board as Water Services Provider and the municipality as the water services Authority. While the Minister does not assess each one of the municipal relationships, she is often requested to intervene when there is a breakdown in relationship between a municipality and a water board.
(2) Yes, water boards at the very start of a relationship with a municipality endeavour to get the municipality to sign a written contract, which is a legal requirement in terms of section 32 (b) of the Water Services Act (Act No108 of 1997)
(3) Yes, on a monthly basis My department gets a list of each water board debtors' age analysis which lists each municipal debtor. I communicate with municipalities at respective forums including Minmecs, Water Indabas and other meetings.
QUESTION NUMBER 469
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 February 2010
(INTERNAL QUESTION PAPER NUMBER 03)
469. Mr P D Dexter (Cope) to ask the Minister of Mining:
(1) (a) How many mining licenses were issued in the (i) 2007-08 and (ii) 2008-09 financial
years and (b) for which minerals were these licenses issued;
(2) whether this figure reflects a drop when compared with previous years; if so,
(3) whether she is able to justify this decrease substantively; if not, why not; if so, what are
the relevant details? NW545E
Reply
(1) (a) The new mining rights issued (i) in 2007 – 2008 were 96 and (ii) in 2008 – 2009, were 156
(1) (b) for various minerals
(2) Yes
(3) The Minister's Department can only process applications submitted to the Department; she cannot determine / prescribe an increased volume of applications to be lodged by applicants. Economic factors also impact on the number of applications received.
QUESTION NO 470
DATE REPLY SUBMITTED: 3 MARCH 2010
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 26 FEBRUARY 2010 (INTERNAL QUESTION PAPER NO 4 – 2010)
Mr D A Kganare (Cope) asked the Minister of Transport:
(1) (a) How many consultants were appointed by the Passenger Rail Agency of SA (PRASA) and its predecessors in each year since 2006, (b) how much was paid to each, (c) which projects were they involved in and (d) much did their appointment contribute to the profitability of the company;
(2) whether the board of Prasa approved their appointment; if not, who approved their appointment in each case;
(3) whether procurement procedures were followed; if not, why not in each case; if so, what are the relevant details in each case?
NW546E
REPLY:
The Minister of Transport:
(1) (a), (b), (c) and (d)
The Passenger Rail Agency of South Africa (PRASA) – as was the case with PRASA's predecessor, the South African Rail Commuter Corporation Limited (SARCC) - is a technical and capital intensive business that requires appropriate professional services in the fields of network planning, all types of engineering services, quantity surveying, et cetera, as it modernizes its business. 128 professional services were acquired since January 2006, with a total value of R118,483,028.00. The appointment of these professional services did add value to the business, and they were appointed for the expertise they possess within their fields.
(2) The appointment of professional services is governed by PRASA's Supply Chain Management Policy and Delegation of Authority, both of which are approved by the PRASA Board. Only appointments beyond the delegations of authority as approved by the Board have to go to the Board for approval.
(3) Yes, the Supply Chain Management Policy is/was followed with the appointment of professional services.
QUESTION 472
DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 26/02/2010
(INTERNAL QUESTION PAPER 4 OF 2010
Rev H M Dandala (Cope) to ask the Minister of Higher Education and Training:
Whether he developed any plans to establish universities in (a) Mpumalanga and (b) Northern provinces that will make tertiary education easily accessible to the people in these provinces; if not, why not; if so, what are the relevant details? NW548E
REPLY:
The National Institutes of Higher Education in Mpumalanga and the Northern Cape are mandated, through the Higher Education Act, to coordinate the provision of higher education in these provinces. This co-ordinating function is managed through partnership agreements with universities operating in these provinces, i.e. UNISA, Tshwane University of Technology, Vaal University of Technology and the University of Pretoria for the NIHE in Mpumalanga; and the University of the Free State, Central University of Technology and Vaal University of Technology for the NIHE in the Northern Cape.
The establishment of fully fledged universities in the said provinces remains a priority for this government. Part of this government's mandate is to ensure that universities are established in those provinces which do not have universities. In this regard, we have consulted and continue to consult with the NIHEs, provincial governments and stakeholders involved in the provincial delivery of higher education programmes in the relevant provinces. I will address this further in my budget speech.
Until the proposed model is approved, the National Institute of Higher Education in Mpumalanga and Northern Cape will remain the vehicle through which higher education is delivered in those provinces.
NCOP
QUESTION FOR WRITTEN REPLY
QUESTION NO.:472
DATE OF PUBLICATION: 12 November 2010
472. Mr D B Feldman (COPE-Gauteng) to ask the Minister of Public Enterprises:
Whether, with reference to the 2009-10 Annual Report, it is his department's priority to ensure that Alexkor completes the transfer of erven in the township to the Richtersveld community; if not, why not; if so, (a) when is it expected that the transfer will be completed, (b) what is the reason for the delay and (c) who will be held accountable in this regard? CW581E
REPLY
Yes, the Department of Public Enterprises (DPE) will ensure that the transfer of erven in the township to the Richtersveld community is completed.
(a) It is expected that this will be completed by mid 2011.
(b) A reconciliation of township erven on the Deed of Settlement and the Surveyor General plans has been undertaken and anomalies identified. Mechanisms to deal with these anomalies are required and community consensus obtained before the township transfers can be affected. The identification of the relevant authorities as custodians for the vesting of the servitudes and specific erven is also required.
(c) The DPE is working with the State Attorney in this process.
QUESTION NO.: 473 DATE OF PUBLICATION: 26 FEBRUARY 2010Rev H M Dandala (Cope) to ask the Minister of Justice and Constitutional Development:
Whether his department has introduced pre-trial processes to lower the incidents of remand in courts in order to accelerate the hearing and disposing of cases and easing the court rolls: if not, why not: is so, what are the relevant details?
NW549E
REPLY:-
Yes, I would like to advise the Honourable Member that my Department has introduced various initiatives aimed at lowering the incidents of remands in the courts and accelerating the hearing and disposing of cases that have been instituted. In order to assist the Honourable Member, I will touch briefly on some of the main initiatives in this regard.
Court and Case Flow Management
If we talk of pre-trial processes, we in general refer to Court and Case Flow Management. In this regard it can be noted that in order to accelerate the hearing and disposing of cases, Case Flow Management has been implemented. Court and Case Flow Management entails a collection of principles and practices associated with constituting, supporting and managing both the criminal courts and those cases which flow through them. We can distinguish between pre-trial processes and the actual trial processes, in that the pre-trial processes deal with aspects such as bail hearings, postponements for further investigations and ensuring that the cases are trial ready. Pre-trial processes have been incorporated into Case Flow Management and a practical integrated Guide for Court and Case Flow Management within the South African Lower Courts has been developed, agreed to by all the relevant role players and implemented. An updated revised version is currently being printed.
The main objectives with Case Flow Management and the Guidelines are to:
Protocols in respect of Regional Court Matters
As part of the initiatives of the Criminal Justice System Review, a Protocol in respect of the management of the investigation and proper screening of cases country-wide has been developed. This Protocol, already operational in several provinces facilitates the restructuring of the investigation and court processes in order to ensure that courts are focused on trials, rather than administrative matters, such as postponements. It creates integrated SAPS/NPA provincial management structures and local detective/prosecutor screening mechanisms. The local screening mechanisms are located at each seat of the Regional Court in the Republic. The members of the local screening mechanisms are responsible to ensure that all cases that are enrolled in the Courts are trial ready. They therefore issue instructions and guidelines for further investigation and follow up on the progress in this regard to the finalisation of the investigations.
Another Protocol that is being finalised is the Court Protocol for Legal Aid Cases, dealing with improved pre-trial and coordination aspects between the NPA and Legal Aid South Africa (LASA). This Protocol proposes the holding of trial readiness enquiries to determine whether the respective parties are ready for trial, the expected duration of the trial and the date or dates for the trial. The enquiry is intended to ensure that the possibility of delays at the trial hearing is excluded. Matters to be considered include aspects such as whether a legal representative of the accused has been appointed, and if privately funded, has sufficient funds, whether he or she has a copy of the docket, whether admissions between the prosecution and defense have been considered, the intended plea and the estimated duration of the case.
Pre-Trial Conferencing
The purpose of such pre-trial conferences is to attempt to limit the issues in the trial and generally to facilitate the efficient disposal of the matter. Pre-trial conferencing with the defence is promoted and generally utilised as far as possible.
In the Western Cape, under the guidance of the Honourable Judge President, Mr Justice John Hlophe, a specific practice note has for example been issued relating to the holding of pre-trial court hearings in the High Court. This practice seeks to ensure that all pre-trial issues are resolved in court and confirmed by the respective parties in an effort to ensure that that the matter will proceed on the trial dates.
Alternative Dispute Resolution
Alternative dispute resolution processes - including diversion programs, victim offender mediation, etc. are considered in appropriate cases at the earliest possible stage. Such cases are thus resolved without following the formal court trial processes.
Plea bargaining
Plea bargaining in accordance to Sec 105 A of the Criminal Procedure Act (Act 51 of 1977) is a useful tool pre-trial method to settle appropriate cases in a legitimate and acceptable manner and is encouraged and promoted, as it can ensure that the administration of justice is expedited.
Extension of Civil Jurisdiction to Regional Courts
The Regional Courts Amendment Act (Act No 31 of 2008) provides for regional divisions jurisdiction in respect of certain civil disputes. This legislation will enhance the capacity of the courts to deal with civil matters and civil matters that would previously would have had to wait for dates in the High Courts will now in future be able to be dealt with more speedily in the regional courts.
Court Preparation Officers
Court Preparatory Officers who meet with witnesses to prepare them for the court procedures relating to their trials, have been appointed by the prosecution authority. The challenge remains in the very small courts where there is only one prosecutor that needs to deal with everything.
Bail/Channelisation Courts
Bail/Channelisation courts have been established in certain Centres to assist with Case Flow Management and deal with aspects such as the postponement of cases for further investigation and bail applications. This allows the other courts to focus on trial matters.
Weekend Review of Cases
Another intervention is that in many court centres there is a prior review of cases on a Sunday afternoon to consider the court readiness of the new cases that has been registered with the SAPS over the weekend. This eliminates court roll blockages on a Monday morning, when most of the cases are enrolled for the first time.
The Integrated Case Management System
The Integrated Case Management System (ICMS) automates the day-to-day business of the Department which centers on the management and handling of various types of cases, from criminal, civil, to deceased estates and other case types. The actual handling of information related to each type of case varies from case to case, however there are common requirements and functions that underpin each of the core case management activities of the department. From the time a particular matter presents itself to the department, there is a requirement to process it and manage it throughout its lifecycle. Regardless of the type of case, the first step is always to register the case and capture all key information and documentation related to it into a central system for later use.
This function is facilitated by the ICMS Case Registration Module, supported by the Global Case Register (GCR) service, and the Document Scanning service. Modules specific to each business stream and case type are developed using shared components.
Each of these systems, when developed, re-uses the already developed shared core components of a case management system and customises it according to the business rules of each system. These modules form part of an enterprise case management system and framework that is being developed for the department. This is work in progress.
The CJS Business Information System (CJS BIS)
A connected and integrated system (CJS BIS) with current and accurate data that supports congruent business objectives and targets and that can be measured across the entire CJS value chain is also being developed. The development of the CJS BIS is accompanied by the work relating to modernisation and the improvement of IT Systems in general across the JCPS Cluster.
All of the above aspects in one way or another is linked to the goal to improve the pre-trial and trial processes to lower the incidents of remands in courts, accelerate the hearing and disposing of cases and ease the workload in the court rolls.
QUESTION NO. 474
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 February 2010
(INTERNAL QUESTION PAPER NO. 4)
Rev H M Dandala (Cope) to ask the Minister of Health:
Whether it is his department's policy to keep dispensaries in state hospitals open around the clock; if not, why not; if so: (a) at which hospitals and (b) with what regularity?
NW550EREPLY:
No, it is currently not policy to keep dispensaries in state hospitals open for 24 hours a day.
Provinces have made provision for the continuation of pharmaceutical services after hours as follows:
· hospitals are equipped with emergency cupboards that contain essential medicines and can be issued by nurses on duty after official working hours;
· all facilities have a pharmacist on call after official working hours should the services be necessary.
NATIONAL COUNCIL OF PROVINCES
QUESTION FOR WRITTEN REPLY
FRIDAY, 12 NOVEMBER 2010
Mr M W Makhubela (COPE-Limpopo) to ask the Minister for the Public Service and Administration:
474. Whether his department is analysing information from the National Anti-Corruption Hotline and the Presidential Hotline to open disciplinary files involving government officials who are defrauding government or acting in a corrupt manner; if not, (a) why not and (b) which requirements need to be followed in this regard; if so, what are the relevant details? CW 583E ___________________________________________________
REPLY:
No, the DPSA is currently not analysing the information from the National Anti-Corruption Hotline and the Presidential Hotline.
(a) We are in the process of establishing the Special Anti-Corruption Unit which will be launched, on 25 November 2010.
(b) No specific requirements need to be followed, however in establishing the Special Anti-Corruption Unit, we are taking an action to ensure that we institute disciplinary processes against corrupt officials.
The Unit will conduct and facilitate the management of disciplinary proceedings of cases referred to departments via the NACH and the Presidential Hotline.
Parliamentary Question 475
NATIONAL ASSEMBLY
Mrs J D Kilian (Cope) to ask the Minister of Basic Education:
(1) (a) How many legal advisers were appointed permanently to her staff complement, (b) how are legal firms or practitioners selected and (c) how often is the list of legal practitioners revised;
(2) whether her (a) Ministry and (b) department from time to time obtain legal services from private legal firms or practitioners; if so,
(3) whether a specific panel of legal firms or practitioners were selected for her (a) Ministry and (b) department; if so, (i) which legal firms or practitioners were selected to serve on the panel for her (aa) Ministry and (bb) department and (ii) what are the names of these firms or practitioners;
(4) (a) what amounts were paid out to the respective firms in (i) 2008 and (ii) 2009 and (b) what was the total cost of outsourced legal services in (i) 2008 and (ii) 2009? NW551E
ANSWER
(1) The Department of Basic Education currently has four legal advisors: the Director: Legal Services, one senior legal administration officer, and two legal administration officers.
(b) As provided for in the State Attorney Act, the Department uses the State Attorney's office as its attorneys of record. Except in exceptional circumstances and on advice of the State Attorney's office, the Department does not employ private attorneys' firms or practitioners. The Department therefore does not use a panel of attorneys. An example of exceptional circumstances is if there is a conflict of interest in that the State Attorney represents two or more departments that have conflicting defences and it would not be ethical to represent all of the departments. Another example is if the State Attorney's office does not have the capacity to perform the legal services required by the Department. In such instances, the Department is guided by the State Attorney's office as to the choice of attorney. The State Attorney may, in terms of its mandate, employ an advocate (who can only be appointed by an attorney). In respect of the choice of advocate, the Department is guided by the State Attorney's office; the choice of advocate is determined by that office's internal policies.
2. Whether her (a) Ministry and (b) department from time to time obtain legal services from private legal firms or practitioners;
The Department of Education has not, in the past 10 years, made use of private legal firms, except with regard to court cases that were inherited from the University of Vista on the closure of that university, in which case, for practical reasons, the State Attorney's office allowed some private firms to continue with some of the cases in which they had been involved on behalf of the University of Vista prior to its closure.
The State Attorney's office does, in complex cases and as is provided for by its mandate, makes use of private advocates from the Pretoria Bar or other bar councils in other parts of the country. The choice of advocate is determined in terms of the internal policies of that office. The State Attorney did appoint advocates in some of the court cases of the Department of Education. In such a case, the cost is initially borne by the State Attorney's office and is then recovered from the Department.
3. See 1 and 2 above.
4. The Department paid the following amounts to the State Attorney's office, mainly in respect of the appointment of advocates from the Bar Council:
2008/9: R504 560, 51
2009/10: R937 116, 47