Questions & Replies: Questions & Replies No 401 to 425

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2010-03-16

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QUESTION 401

401. Mr I M Ollis (DA) to ask the Minister of Public Works:

With reference to the approximately 480 000 jobs created in 2009 and referred to by the President in his state-of-the-nation-address in 2010, (a) what is the (i) average time period, (ii) shortest period and (iii) longest period, in (aa) hours and (bb) days that each worker was employed, (b) what is the (i) average, (ii) minimum and (iii) maximum income/wages that were paid to each worker (aa) in total, (bb) per hour and (cc) per day and (c) in which sectors and/or industries were these workers/employees employed? NW474E

 

REPLY

a) Due to the nature of EPWP projects across the different sectors, work opportunities will inevitably vary in duration. Work opportunities created in the context of EPWP are project based and duration is thus dependent on the nature of the projects implemented across the different sectors. The table below outlines the average duration of the work opportunity per sector

 

Sector

Average

Max

Environmental & Culture

36

102

Infrastructure

50

197

Non-State

27

66

Social

46

124

Grand Total

45

197

b)

All EPWP projects are expected to pay a minimum of R50 a day and a maximum of R150 a day. Below is the table outlining the average wage per sector

 

Sector

Average

Max

Environment & Culture

R 63

R 239

Infrastructure

R 77

R 300

Non-State

R 47

R 60

Social

R 54

R 350

QUESTION 402

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 26/02/2010

(INTERNAL QUESTION PAPER 4 OF 2010

Mr I M Ollis (DA) to ask the Minister of Higher Education and Training:

(1) What is the (a)(i) amount and (ii) purpose of the financial support and (b) nature of the (i) logistical and (ii) administrative support rendered by the Services SETA, from their allocation from the National Skills Fund to Business Coalition of South Africa (BCSA);

(2) Whether Services SETA played any role in the establishment of the BCSA; if not, why not; if so, what are the relevant details;

(3) whether any (a) staff and/or (b) office-bearers of the Services SETA are involved in the BCSA; if not, why not; if so, (i) how many, (ii) in what capacity and (iii) what are the further relevant details;

(4) What is the nature of the relationship between the BCSA and Services SETA?

(5) Whether he intends taking any action in this regard; if not, why not; if so, what are the relevant details? NW475E

REPLY:

1) Any expenses incurred by the Services SETA have been budgeted for and approved on-behalf of their Schedule 1 members and not the BCSA which is a collective label for their Business Caucus within the SSETA.

2) The Services SETA, is driven by the principles enshrined in the Skills Development Act which refers to "Organised Business and Organised Labour" governing the activities of the Services SETA. The Business Coalition of South Africa is an informal federation of 60 Services Sector, Schedule 1 organisations (Collective Organisations representing the interests of the 180 000 Employers in the Services Sector across 37 identified Industries – SIC Codes). These are the organisations which have satisfied due-dilligence requirements to sit on the governance structures of the Services SETA as per the Act. The reason for a caucus identity and labelling it the BCSA was to create a unified voice within the Sector and via the SETA platform for small business in-particular given that existing organisations such as BUSA and the Chambers of Commerce, collectively represent less than 3% of the 180 000 registered Services SETA's member companies.

3) There are no dedicated BCSA staffs within the Services SETA. All BCSA activities are co-ordinated by the Chamber Manager responsible for the Associations and Federations SIC Code in the ordinary course of SSETA business.

There are no non-Schedule 1 members which have participated in our BCSA activities. And the activities are only intended to skill and capacitate the Governors on SSETA structures to do their job properly and satisfy their constituency interests effectively.

4) The second reason the Services SETA became active in the caucus as discussed above is the fact that the Services SETA has, as one of the Industries within it's scope, the SIC Code for Business Associations and Federations. Thus it is the Services SETA's responsibility to take the upper hand in skills development for those individuals who work in Business Associations and Federations. In creating this caucus identity the SETA has sought to establish a training platform for skilling those who work within this Industry on the platform created via the BCSA. There are in-excess of 260 such Associations and Federations which are members of the SSETA and seek this level of skilling and development.

5) The above four subsections reflect the responses that I, as the Minister now responsible for the SETAs, received from the Services SETA.

I concur that one of the roles that SETAs are expected to perform is to assist with the strengthening of the constituency organisations that sit on their boards so that they can better achieve the purposes of the Skills Development Act. The Mining Qualification Authority (MQA), for instance, has employed a dedicated staff member to assist the trade unions represented on its Board to participate more effectively – with very positive results. It also supports the Chamber of Mines for its coordination. The MQA also supports its constituents with capacity building programmes. So the practice of SETAs assisting constituent members is not limited to the Services SETA

I am however concerned when I hear that a SETA is engaged in actually organising constituent members into an independent organisation whose functions may exceed those of skills development. This was not anticipated when the Skills Development Act and its regulations were drawn up and so may not be specifically prohibited. I am therefore intending to investigate this matter further to assess if this practice exceeds the spirit of the SETAs' mandate and will use the outcome of the investigation to inform the process of SETA re-establishment with which my department is currently engaged.

QUESTION 403

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 26/02/2010

(INTERNAL QUESTION PAPER 4-2010)

403. Mr J R B Lorimer (DA) to ask the Minister of Basic Education:

(1) (a) How many (i) teachers are employed in temporary positions and (ii) of these teachers have been earmarked for permanent positions and (b) what is the breakdown according to province;

(2) what are the main reasons why teachers employed in temporary positions are not employed permanently;

(3) whether she is attempting to improve the situation in this regard; if not, why not; if so, what are the relevant details? NW476E

REPLY

(1) (a) (i)

 

TABLE 1: TEMPORARY EDUCATORS BY PROVINCE AS AT JANUARY 2010

PROVINCE

NUMBER

Eastern Cape

3 588

Gauteng

1 964

Kwazulu Natal

4 617

Limpopo Province

510

Free State

990

Mpumalanga

409

North West

926

Northern Cape

137

Western Cape

414

TOTAL

13 555

NB: This only takes into account teachers who are occupying vacant posts, it excludes the substitute teachers (temporarily occupying filled posts).

(ii) Section 6B of the Employment of Educators Act allows an HoD to convert a temporary appointment to a permanent appointment without recommendation from the School Governing Body (SGB). Therefore temporary appointments (in vacant substantive posts) of all suitably qualified teachers who match the profile of the post they are occupying could be converted to permanent. These teachers could also apply either for the same or other posts once they are advertised in terms of the applicable regulations in the Personnel Administration Manual (PAM). The details of the number of teachers earmarked for permanent positions is with Provincial Education Departments and will be provided when available.

(b) As mentioned above all suitably qualified teachers occupying the temporary post could be made permanent either in the posts they are in if they match the profile or apply when the posts are advertised.

(2) There are various valid reasons why teachers are appointed on temporary basis for fixed periods. However, the existing legislation provisions and regulations enable the PEDs to expedite the permanent appointment of temporary teachers. As a result the rate of temporary appointments has reduced over the years and there is also no reason why teachers can be kept in temporary posts for long periods. There are, however, also instances why some teachers employed in temporary positions are not employed permanently. The main reasons include:

o Un or underqualified teachers who temporarily occupy posts in which suitably qualified candidates could not be found.

o Qualified teachers who do not suitably match the profile of the post they are temporarily occupying.

(3) As mentioned above the Department has introduced a number of measures to both to reduce the rate of temporary appointments and also to ensure that teachers are not unnecessarily employed on temporary basis for periods longer than a year.

· In 2005 an amendment was made to the Employment of Educators Act, 1998 with the insertion of section 6B that allows the Head of Department, after consultation with the Governing Body of the school, to convert the temporary appointment of an educator on the post establishment of a public school to a permanent appointment without the approval of the Governing Body of the school. PEDs are effectively using this provision to reduce the rate of temporary appointments and to ensure that teachers do not remain in temporary posts for longer periods.

· In addition, the Department has issued guidelines and discussions were held at HEDCOM with regards to the reduction of rate of temporary appointments. One of the guidelines is that each PED must ensure that, at any given time, not more than 10% of its total teacher posts would be occupied by temporary teachers.

NATIONAL COUNCIL OF PROVINCES

QUESTION FOR WRITTEN REPLY

QUESTION NO.: 403

DATE OF PUBLICATION: 29 OCTOBER 2010

Ms M P Themba (ANC-Mpumalanga) to ask the Minister of Economic Development:

Whether he has engaged any department and/or structure of government to look at measures to deal with youth unemployment since he took office; if not, why not; if so, what are the relevant details? CW526E

REPLY

 

Youth unemployment is one of the key challenges that we face. The latest Statistics SA figures show that 3,1 million persons under 35 years old are unemployed. This number excludes discouraged work-seekers.

The economy has to create significantly larger numbers of jobs in order to draw young people into employment.

The Department and I have engaged the National Youth Development Agency as well as the Economic Sectors and Employment Cluster in discussion on youth employment and it has been identified as an area of work in the Delivery Agreement in Outcome Four of Government's new Outcomes-based Monitoring and Evaluation System.

The New Growth Path discussion, involving Cabinet as a whole, has also considered the challenges of youth employment.

The work that flows from these processes will examine a package of measures to address youth employment and details will be released as soon as the work is completed.

QUESTION 404

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 26/02/2010

(INTERNAL QUESTION PAPER 4-2010)

 

404. Mr J R B Lorimer (DA) to ask the Minister of Basic Education:

(1) Whether each (a) primary and (b) high school in each province have qualified (i) maths and (ii) science teachers; if not, (a) why not and (b) by when will they have such teachers; if so, how many does each school in each province have;

 

RESPONSE

(1) (a); (b); (i); (ii)

Table 1: Qualified Mathematics and Science Teachers

     

Province

Maths

Science

EC

2391

2029

FS

1246

1114

GP

5188

5868

KZN

2976

1732

LP

4346

2566

MP

1046

558

NC

456

397

NW

1338

945

WC

1988

1967

Total

20975

17176

Source: Mathematics and Physical Science Survey, 2008

The division into primary and secondary schools information is not available from the Department of Basic Education and would have to be requested from Provincial Education Departments.

(a)

Table 2: Number of Mathematics, Mathematical Literacy and Physical Science teachers needed, by Province

 

 

Mathematics

Mathematical

Literacy

Physical

Science

 

Number

Percentage

Number

Percentage

Number

Percentage

Eastern Cape

784

92

687

81

696

82

Free State

266

89

269

90

257

86

Gauteng

737

88

710

85

716

85

KwaZulu Natal

862

93

802

87

790

86

Limpopo

1220

92

1088

82

1155

87

Mpumalanga

234

86

239

88

218

80

Northern Cape

132

89

125

84

114

77

North West

328

89

308

83

301

82

Western Cape

327

82

324

82

304

77

National

4890

90

4552

84

4551

84

Source: Mathematics and Physical Science Survey, 2008

The shortage of qualified teachers in South African schools has been fueled by increasing learner enrolment and periodic curriculum reform. The issue of teacher shortages is a world-wide phenomenon and is by no means confined to South Africa. Internationally, teacher shortages tend to affect certain teaching fields more than others. In South Africa too, there is some evidence of teacher shortages in subject areas such Mathematics and Physical Science.

(b)

In order to address the above shortage, the Department of Basic Education has embarked on several strategies, namely:

1. Recruitment of foreign educators

 

The table below shows the number of foreign based educators already recruited

 

Province

Educators recruited

Gauteng

 

143

KwaZulu Natal

 

66

Northern Cape

 

30

Western Cape

 

57

Limpopo

 

115

North West

 

211

Free State

 

32

Mpumalanga

 

102

Eastern Cape

 

190

Source : reported by Provinces as at end of December 2009.

 

2. Re-appointment of educators who took the severance package.

3. Re-employment of educators who earlier exited via early retirement.

4. Appointment of BSc graduates.

5. The implementation of the policy on Incentives for Educators as published in Gazette no. 30678, Government Notice no.25 in December 2007.

6. Funza Lushaka bursaries to students.

(2) How many learners are currently studying (a) maths and (b) science in each high

school in each province? NW477E

RESPONSE

The tables below show the number of learners per province enrolled for Maths and science respectively.

Table 3: Maths Learners

 

Province

Number of Schools

MATHEMATICS

EC

5897

196100

FS

3214

96334

GT

7460

200371

KZ

10950

291522

LP

8561

219201

MP

1416

39350

NC

153

1576

NW

2719

65731

WC

4421

85029

Total

44791

1195214

     

Table 4: Science learners

   

Province

Number of Schools

PHYSICAL SCIENCE

EC

5401

129340

FS

2222

52021

GT

6843

144881

KZ

9863

186678

LP

8186

159600

MP

1380

31235

NC

109

943

NW

2505

52090

WC

3755

50023

Total

40264

806811

NATIONAL COUNCIL OF PROVINCES

QUESTION FOR WRITTEN REPLY

QUESTION NO.: 404

DATE OF PUBLICATION: 29 OCTOBER 2010

Ms M P Themba (ANC-Mpumalanga) to ask the Minister of Economic Development:

Whether any entities under his department are operating without a group company executive; if not, what is the position in this regard; if so, what are the relevant details? CW527E

REPLY

Two entities reporting to the Economic Development Department have vacancies for the position of CEO: Khula Enterprise Finance Limited (Khula) and the South African Micro-finance Apex Fund (Samaf).

The Chief Executive Officer/Managing Director for Khula resigned effective from 1st July 2010, for personal reasons. Mr Mkhululi Mazibuko was appointed Acting Managing Director.

The CEO of Samaf resigned with effect from 1 July 2010. The Director-General appointed Mr Kumaran Naidoo, Chief Financial Officer of the Department of Trade and Industry, to act in the position.

The Department is evaluating the functions of the two agencies to determine whether there is scope to consolidate functions, which may affect the appointments. This will be followed by appropriate consultation processes

QUESTION 405

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 26/02/2010

(INTERNAL QUESTION PAPER 4-2010)

Mr J B R Lorimer (DA) to ask Minister of Basic Education:

Whether there are minimum standards with regard to (a) libraries and (b) media/computer centres for (i) primary and (ii) high schools; if not, (aa) why not and (bb) when will such minimum standards be enforced; if so, (aaa) what are they in each case and (bbb) what is the (aaaa) learner to book and (bbbb) learner to computer ratio supposed to be? NW478E

Answer:

Yes.

(a) and (b) The National Minimum Norms and Standards for School Infrastructure prescribe norms for the size of libraries and computer centres for primary and secondary schools. According to the said norms, which were approved in 2009, libraries are indicated as media centres.

(bb) These norms and standards will be implemented with effect from the 2010 financial year (all new constructions).

(aaa) The libraries and computer rooms are regarded as core spaces required for teaching and learning. The norms for these spaces are indicated in terms of size and these are the same for both primary and secondary schools, and the norms are:

 

Name of space

Minimum norm

Optimum norm

Media centre/library

60m2

120m2

Computer rooms/centres

60m2

80m2

QUESTION 406

WRITTEN REPLY

26 FEBRUARY 2010

406. Mr S J Masango (DA) to ask the Minister of Public Works:

 

(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? NW479E

REPLY

(a) Yes,

(i) Mercedes Benz Drill Truck

BMW 545i* (Leased by the former Department of Agriculture and not the

Department of Public Works)

Toyota Camry

Toyota Hilux

Chrysler 300 6.1

(ii) None

(iii) The Department does not own properties, but it is the

custodian of 108552 properties owned by the state.

(b) (i) (ii) (iii)

 

Type of Vehicle

When was it purchased

Purchase Price

Reason for acquisition

Chrysler 300 C

2009

R 460 471

Transportation

Mercedes Benz Drill Truck

1993

R30 000

Transportation

BMW545i*

2005

Transferred into the dept at R1

Transportation

Toyota Camry

1996

R28 000

Transportation

Toyota Hilux

1996

R27 000

Transportation

QUESTION NO: 407

Mr J Selfe (DA) to ask the Minister of Correctional Services:

Whether she (a) attended any function and/or (b) received any gift from Bosasa or any of its affiliate companies since her appointment in 2009; if so, (i) when, (ii) where, (iii) what was the (aa) nature and (bb) value of each function and/or gift and (iv) for what reason did she attend each function and/or receive each gift?

NW480E

REPLY

Minister has not attended any function or received any gift from Bosasa or its affiliate companies since her appointment as Minister.

The Minister attended a breakfast hosted by the Regional Commissioner: Eastern Cape on 27 October 2009. The event was partially sponsored by Bosasa in partnership with an organization of former offenders (INGUQU). The purpose of the function was to highlight the need for business to give ex-offenders a second chance in life and encourage employment of former inmates. Some of the companies that were present and supported this cause include CISCO and VODACOM.

QUESTION NO: 408

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether contract HK 2/2004 obliged a certain company (name furnished) to undertake repairs and maintenance of kitchens and kitchen equipment at certain correctional centres; if so, what were the nature and scope of the contractual obligations;

(2) whether all the contractual commitments were honoured; if not, (a) why not and (b) what steps did her department take to ensure that they were honoured; if so, (i) what maintenance was undertaken, (ii) at which correctional centres and (iii) what was the value of the maintenance in each case?

NW481E

 

REPLY:

 

In terms of Clause 4.6.5 of the bid specifications of Contract HK2/2004; the successful bidder shall be responsible for the maintenance of all kitchen equipment, cold rooms and all utensils.

(a) The department is not aware of any situations of non-compliance.

(b) (i) Maintenance of all equipment is kept in the various kitchens at the start of the

contract, as well as maintenance procured during the validity of the contract.

(ii) St Albans, Pollsmoor, Johannesburg, Pretoria, DurbanWestville, Krugersdorp, and

Modderbee Centres.

(iii) The maintenance fee constituted 8.5% overhead fee in respect of all Management

Areas is R 8 473 769-00; and maintenance price adjustments constituted 8.5% with

effect from 01 September 2006 until 31 January 2009 in respect of all Management

Areas is R 9 289 517-38.

QUESTION NO: 409

Mr J Selfe (DA) to ask the Minister of Correctional Services:

Whether she or her department received a report on an investigation into the award of contracts to Bosasa, PHEZULU and SONDOLO: if so (a) when, (b) what was the purpose of this report and (c) what action has she taken as a result of this report? NW482E

 

REPLY

Yes.

(a) An investigation report, completed in terms of section 4(1)(d) and 5(7) of the Special Investigating Units and Special Tribunals Act 74 of 1996, into allegations of irregularities in the procurement of certain services by the Department of Correctional Services was received from the Special Investigations Unit (SIU), on 8 September 2009

(b) The SIU intervention in this investigation was authorised by Presidential Proclamation R44 of 2007 (Gazetted on 28 november 2007). The purpose of this report was to report to the Department of Correctional Services (DCS), the findings of the duly authorised investigation of the SIU into alleged procurement irregularities at DCS.

(c) As a result of the findings of the SIU the following steps have been taken:

(i) A disciplinary enquiry has commenced against an official implicated in the Report of the SIU.

(ii) Internal steps have been taken to address lacunas identified by the SIU in the procurement processes of the Department.

(iii) The report has been handed over to the National Prosecuting Authority, in accordance with the SIU Act, for further investigation into matters which may result in the institution of criminal charges.

QUESTION 410

DATE OF PUBLICATION: Friday, 26 February 2010

INTERNAL QUESTION PAPER NO 4 of 2010

Mrs J F Terblanche (DA) to ask the Minister of Home Affairs:

Whether any persons were found to be inadmissible into the Republic of South Africa since the Advance Passenger Processing System went live at (a) OR Tambo International Airport in August 2009 and (b) Cape Town International Airport in December 2009; if not, why not; if so (i) how many and (ii) for what reason?

NW483E

REPLY

Yes.

(a) The information is specified in the table, below, as from 23 November 2009, when the first Advance Passenger Processing System (APP) enabled flight, landed at O R Tambo International Airport:

 

Date

Month

(i)

How many

(ii)

Reasons

November 2009

25

Transit refusal

 

12

Fraudulent documentation

 

10

No Visa

 

6

Invalid passport

 

3

Visa condition

 

2

V-list

 

2

Other (not meeting entry requirements)

 

1

Contravention of section 48 of the Immigration Act, 2002

Total

61

 

 

December 2009

100

Fraudulent documentation

 

94

Transit refusal

 

28

Full passport

 

27

No Visa

 

10

V-list

 

7

Expired visa

 

5

Visa conditions

 

5

Other (not meeting entry requirements)

Total

276

 

 

January 2010

120

Transit refusal

 

109

Fraudulent documentation

 

16

V-list

 

14

No Visa

 

14

Other (not meeting entry requirements)

 

8

Visa conditions

 

7

Invalid passport

Total

288

 

 

February 2010

90

Transit refusal

 

87

Fraudulent documentation

 

11

Visa conditions

 

9

V-list

 

7

Misrepresentation

 

6

Marriage of convenience

 

5

Invalid passport

 

106

Other (not meeting entry requirements)

Total

321

 

(b)(i) & (ii) The information is specified in the table, below, as from 11 December 2009, when the first APP enabled flight, landed at Cape Town International Airport:

 

Date

Month

(i)

How many

(ii)

Reasons

December 2009

6

Invalid Visa

 

5

Invalid passport

Total

11

 

 

January 2010

6

Invalid Visa

 

1

Invalid passport

Total

7

 

 

February 2010

5

Invalid passport

 

3

No Visa

 

1

Insufficient funds

 

1

V-list

Total

10

 

QUESTION 411

DATE OF PUBLICATION: Friday, 26 February 2010

INTERNAL QUESTION PAPER NO 4 of 2010

Mrs J F Terblanche (DA) to ask the Minister of Home Affairs:

(1) Whether any officials of her Department will receive training on Advanced Passenger Processing; if not, why not; if so, (a) how many, (b) at which management levels and (c) when;

(2) whether these officials will all be trained prior to the commencement of the 2010 FIFA World Cup Soccer tournament; if not, why not; if so, what are the relevant details?

NW484E

REPLY

(1) Yes. A total of 38 officials received training on Advanced Passenger Processing.

(1)(a) to (c) The information is specified in the table, below:

 

OFFICE

Deputy Directors

Assistant Directors

Chief Immigration Officers

Date when training received

TOTAL

Oliver Tambo International Airport (ORTIA)

2

5

17

2 to 4 November 2009

24

Durban International Airport (DIA)

0

0

1

2 to 6 November 2009

1

Cape Town International Airport (CTIA)

0

1

6

9 to 13 November 2009

7

Airline Liaison Officers

0

0

6

2 to 20 November 2009

6

Total

2

6

30

 

38

(2) Yes. As per the table, above, the indicated officials, already, received training in November 2009. Back Offices officials, and supervisors at ORTIA, DIA, and CTIA have, also, all received training. The remaining Back Office officials, and supervisors, at other international airports, will receive training from 15 to 19 March 2010.

 

NATIONAL COUNCIL OF PROVINCES

QUESTION FOR WRITTEN REPLY

PARLIAMENTARY QUESTION NO.: 411

DATE OF QUESTION: 29 OCTOBER 2010

411. Mr D B Feldman (COPE-Gauteng) to ask the Minister of Justice and Constitutional Development:

(1) Whether his department will review legislation that is governing liquidation processes as some date back to 1982; if not, why not; if so, what are the relevant details;

(2) whether he will revisit the Ombudsman's legal powers in order to protect the citizen's rights; if not, why not; if so, what are the relevant details?

CW543E

REPLY:-

(1) It is accepted that liquidation processes refer to the winding up of insolvent estates. The Insolvency Act, 1936 (Act No. 24 of 1936) deals with the sequestration procedures for individuals, partnerships and trusts. Some of its provisions apply to companies and close corporations. The Companies Act, 1972 (Act No. 61 of 1972) has provisions for the winding up of companies and the Close Corporations Act, 1984 (Act No. 69 of 1984) for the winding up of close corporations.

Proposed reforms of the liquidation processes are contained in the Insolvency and Business Recovery Bill, 2003, often referred to as the Unified Insolvency Bill that seeks to provide a uniform process for the bankruptcy procedures of individuals, trusts and juristic persons. The position regarding the Bill is as follows:

· The Bill was approved by Cabinet in 2003. A task team of the Labour Chamber of NEDLAC has prepared a draft report on the Bill.

· The promotion of the Bill was held back, pending the development of modern business rescue provisions. Business rescue provisions for companies and close corporations are now contained in the Companies Act, 2008 (Act No. 61 of 2008) (not yet in operation). The latest implementation date for the new Companies Act indicated by the Department of Trade and Industry is 1 April 2011. A first draft of business rescue provisions for individuals, trusts and partnerships has been prepared for consultation with stakeholders.

· The Unified Insolvency Bill must be referred back to Cabinet to consider the developments since 2003, once consultation on the business rescue provisions for individuals, trusts and partnerships has been concluded.

(2) It is not clear whether the Honourable Member, by referring to the revisiting of "the Ombudman's legal powers in order to protect the citizen's rights" is asking whether the powers of the Public Protector are to be revisited. If that is the question, the answer to that is no. The powers of the Public Protector are set out in section 182 of the Constitution. In terms of this provision, the Public Protector in broad terms, has the power to –

"(i) investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice;

(ii) to report on that conduct; and

(iii) to take appropriate remedial action.'

Section 6 of the Public Protector Act, 1994 (Act 23 of 1994), furthermore sets out how complaints can be made to the Public Protector and it also sets out additional powers of that functionary. This section provides, among others, that any matter, in respect of which the Public Protector has jurisdiction, may be reported to the Public Protector by any person. The Public Protector is, for instance, competent to investigate, on his or her own initiative or on receipt of a complaint, any alleged-

(i) maladministration in connection with the affairs of government at any level;

(ii) abuse or unjustifiable exercise of power or unfair, capricious, discourteous or other improper conduct or undue delay by a person performing a public function;

(iii) improper or dishonest act, or omission or offences referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004, with respect to public money;

(iv) improper or unlawful enrichment, or receipt of any improper advantage, or promise of such enrichment or advantage, by a person as a result of an act or omission in the public administration or in connection with the affairs of government at any level or of a person performing a public function; or

(v) act or omission by a person in the employ of government at any level, or a person performing a public function, which results in unlawful or improper prejudice to any other person.

The opinion is held that the powers of the Public Protector are sufficiently broad to protect citizens' rights, including decisions taken by the Masters of the High Courts, and as such do not need revisiting.

 

QUESTION 412

DATE OF PUBLICATION: Friday, 26 February 2010

INTERNAL QUESTION PAPER NO 4 of 2010

Mrs J F Terblanche (DA) to ask the Minister of Home Affairs:

Whether each of the listed aspects under the headings Departmental Revenue, Capital Assets and Payables (details furnished) which lead to the qualified Auditor-General's report for the 2008-09 financial year were dealt with; if not, why not, in each case; if so, what are the relevant details, in each case?

NW485E

REPLY

Yes. Each of the aspects that led to the qualified Auditor-General's report for the 2008/09 financial year were dealt with, although some might re-appear in the current audit, as the interventions were only implemented towards the third quarter of the financial year (2009/10).

In an attempt to mitigate the risks, associated with the potential repetition of the issues raised, the Department has, firstly, strengthened the governance structures, in terms of financial management in the Department. This includes, adequate representation at the Bid Adjudication Committee (BAC), and the resuscitation of the Departmental Budget Committee, Transport Committee, and the Loss Control Committee.

Furthermore, in order to track progress of the resolution of the issues raised, the Department established a Back to Basic Project, comprising of members of the following Branches, namely, Finance and Supply Chain Management, Human Resources, Information Services, as well as, the following Chief Directorates, namely, Internal Audit and Legal Services. Members of the project meet once a week, and the project is chaired by the Acting Chief Financial Officer to properly address issues which were raised.

As part of the monitoring and evaluation of the progress, in terms of the issues raised, an audit finding action plan monitoring tool has, also, since, been developed. Progress in the resolution of the issues raised, is reported to the Office of the Accountant-General on a monthly basis, and to the Auditor-General, on a weekly basis, to track the progress on the resolution of the issues.

Details in the resolution of the matters raised are, as follows:

1. Departmental Revenue

1.1 Inability to substantiate the accuracy of amounts, and completeness of transactions recorded for revenue collection from enabling supporting documents processed, due to lack of audit trails of application forms processed.

· The Department has reviewed the Departmental Revenue System descriptions for core business processes (Civic and Immigration Services) to ensure a proper audit trail with regard to availability of supporting documents for implementation with effect from 1 May 2010;

· The Department implemented the Integrated Receipting Engine (IRE) to 100 revenue administering offices which contributes to 80% of local revenue, and have, further, established a revenue support team to ensure compliance with revenue management practices within the 20% remaining offices which, are, still, utilising the manual system of collecting revenue. New cash registers have been procured, and distributed.

· A Memorandum of Understanding (MOU) between the Department, and the Department of International Relations and Cooperation (DIRCO) has been signed to address operational arrangements for transactions administered by DIRCO in Foreign Offices for implementation for the 2010/11 financial year.

1.2 Lack of integrated accounting system for processing immigration fines, and penalties, in terms of Section 50 of the Immigration Act, to facilitate the occurrence, completeness, and accuracy of income from immigration fines and penalties.

· A system description for section 50(3), and section 50(1) fines, have been compiled, and cross matched with financial processes. Furthermore, the IRE has been piloted in some of the identified ports of entries to ensure completeness of revenue.

· The Department has integrated the Penalty Case System with the Basic Accounting System (BAS) to ensure compliance with revenue management processes, and immigration regulations.

2. Capital Assets

2.1 Completeness, and accuracy of the fixed asset register that includes assets not included in the asset register, asset included in the asset register, but not verifiable and unsubstantiated fair value adjustment.

· The Department has developed and implemented an asset management system, and, also, reviewed the asset management policy together with a procedure manual. Furthermore, the fair values have been compiled, and submitted to the Auditor-General.

3. Payables

3.1 Clearance of repatriation deposit suspense account, and immigration control account, due to non availability of supporting documents.

· The Department has put processes in place to collect documents to support revenue collected. In addition, some immigration forms will be printed in duplicate, or triplicate to ensure proper control, and accountability.

QUESTION 413

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 26/02/2010

(INTERNAL QUESTION PAPER 4-2010)

413. Dr J C Klopper-Lourens (DA) to ask the Minister of Basic Education:

(1) Whether the Physical Science curriculum for Grade 12 learners was developed according to scientific requirements; if not, why not; if so, (a) who managed the development, (b) what steps were taken in the development, (c)(i) how and (ii) at which schools was the curriculum tested before implementation and (d) what were the results of such tests;

(1) If Scientific requirements mean the purpose of teaching and learning science, the answer is yes.

(a) The process was managed by the then Department of Education.

(b) Task Teams comprising members of various stakeholder groupings (teachers, Higher Education Institutions, National Teacher Unions and industries were widely consulted. The curriculum was published in the Government Gazette after it was preceded by a call for public comments by means of a Government Notice in the Government Gazette.

(c) It was not tested before implementation.

d) There are no results.

(2) Whether the current Physical Science curriculum meets the needs and requirements of learners who wish to pursue a technical field of study; if not, why not; if so, what are the relevant details;

Yes, it gives them the required knowledge of science, which are the basis of any knowledge and skills to pursue careers in technical and non technical fields. The curriculum covers six broad knowledge areas, namely

Mechanics; Waves Sound and Light, Electricity and Magnetism, Matter and Materials, Chemical change and Chemical systems.

(3) Whether her Department is going to take steps in revising the current Physical Science curriculum; if not, why not; if so, (a) what steps and (b) what is the time frame for such plans?

a) The Department of Basic Education is currently reviewing the implementation of the National Curriculum Statement Grades R – 12 with the aim of developing for each subject and learning area a single, comprehensive, and concise National Curriculum and Assessment Policy Statement (CAPS) which will replace the current Subject Statements, Learning Programme Guidelines and Subject Assessment Guidelines. The development of the CAPS documents has commenced in 2010. This process will consider comments through regular consultative processes.

b) It is envisaged that the CAPS documents will be implemented from 2011.

QUESTION NO: 414

Mr K A Sinclair (COPE-NC) to ask the Minister of Correctional Services:

Whether, with reference to her department's 2009-10 Annual Report, a research and/or an investigation has been conducted into the reasons that many Senior Management Services Members are being suspended; if not, why not; if so, what are the relevant details?

CW546E

REPLY

 

No, each individual's case is assessed on its own merits.

QUESTION 415

DATE OF PULICATION OF INTERNAL QUESTION PAPER: 26/02/2010

(INTERNAL QUESTION PAPER 4-2010)

Dr J C Kloppers-Lourens (DA) to ask the Minister of Basic Education:

 

(1) Whether the time spent by teachers on the preparation of lessons is included in the seven hours a day that teachers and learners must be in school; if so, what are the relevant details; if not,

(2) Whether she has taken any steps to obtain the co-operation of the trade unions representing the teachers; if not, why not; if so, what steps? NW488E

Answer

 

(1) The nature of the work done by teachers is such that the volume differs from day to day, with obvious severe peaks during times when scripts are being marked, or almost the whole year for a first-year teacher since all preparation is new. From the second year the preparation time reduces dramatically for teachers offering the same subjects to the same grade of learners, obviously not so for those with different schedules.

Teachers are required to be at schools for 7 hours per day, which amounts to 35 hours per week. Not all of these hours are utilised for contact teaching time, and the additional time is meant for preparation and marking purposes. It is obvious that there will be times when the 7-hour requirement will not be enough, and the teacher is then free to either continue working at the school, or to work at home.

The rationale was that, like the rest of the public servants, teachers must be able to account for a 40-hour work-week. The additional 80 hours per year is meant to be utilised for work-related training and/or preparation and/or marking of scripts and books.

(2) The Acting DG together with the Ministry are in constant contact with all unions in education. Through the Quality Learning and Teaching Campaign (QLTC) all stakeholders committed to the upliftment of education and prioritize the teaching and learning process. A dedicated team from both labour and the employer is currently working on campaigns where schools are visited to ensure that the pledges made by stakeholders are being implemented.

NATIONAL COUNCIL OF PROVINCES

QUESTION FOR WRITTEN REPLY

QUESTION NO.: 415

DATE OF PUBLICATION: 29 OCTOBER 2010

Mr K A Sinclair (COPE-NC) to ask the Minister of Economic Development:

(1) Whether, with reference to his department's 2009-10 Annual Report, his department has absorbed large numbers of persons into the economy as the means to create employment; if not, why not; if so what are the relevant details;

(2) whether the employment created is (a) decent and (b) permanent; if not, why not; if so, what are the relevant details? CW547E

REPLY

The Department's 2009-10 Annual Report notes the need for larger numbers of people to be absorbed into the economy.

The Department has, subsequent to the publication of its Annual Report, concluded work on the New Growth Path, and Cabinet has adopted the document as the framework for policy.

The New Growth Path will be released shortly and will contain relevant details of areas where jobs can be created, the policy alignment required, the support that will be pursued with social partners and the resource and institutional challenges that will be addressed.

It is the intention of government to promote decent employment. Public measures by their nature contain both permanent and temporary employment interventions. An example of the former is the employment in the green economy. An example of the latter is the employment of unemployed persons on public works programmes.

QUESTION NO: 416

PUBLISHED IN INTERNAL QUESTION PAPER NO: 4 OF 26 FEBRUARY 2010

416. Mr K S Mubu (DA) to ask the Minister of International Relations and Cooperation:

(a) What (i) vehicles, (ii) aircraft and (iii) properties are currently owned by her department and attached to the Ministry in that department and (b) with regard to each individual item, (i) when was it purchased, (ii) how much did it cost and (iii) for what reason was it purchased? NW489E

In respect of part (a) and (b):

(i) Vehicles:

The Department presently owns 143 Official Vehicles, valued at R 40 611 455.95 and 306 service vehicles, valued at R 42 029 010.85. The vehicles are purchased by the Department to either serve as official vehicles for Heads of Missions abroad, service vehicles for missions abroad, transport for official purposes at Head Office or vehicles for use by the Minister and Deputy Ministers

(ii) Aircraft:

The Department does not own any aircraft

(iii) Properties:

The Department owns a total of 26 chanceries, 29 official residences, 41 staff houses (which includes 3 staff complexes), 1 consulate building and 17 plots of vacant land, presently valued at approximately R 4.5 billion. All of these properties are used or will be developed to be used as office accommodation or residential accommodation by DIRCO officials being posted abroad

QUESTION NO. 417 (NW490E) INTERNAL QUESTION PAPER NO 4

DATE OF PUBLICATION: 26 February 2010

Ms L D Mazibuko (DA) to ask the Minister of Water and Environmental Affairs:

Whether she will insist on the environmental impact assessment for Syngentas's application to permit the release of a new variety of genetically modified maize (name furnished): if not, why not: if so, what are the relevant details?

Ms LD Mazibuko (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

417. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

Activity 21 of GNR 386 lists: "The release of genetically modified organisms into the environment in instances where assessment is required by the Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997) or the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)".

If an assessment is required in terms of one of the above-mentioned Acts, it will be listed under activity 21 of GNR 386. Other activities such 12, 16(a) and 16(b) of GNR 386 and 2 of GNR 387 may also be triggered.

Should any of the above activities be triggered, Syngentas must apply for authorisation and do an environmental impact assessment as required by the EIA regulations. All GMO related applications must be forwarded to National DEA as the Competent Authority.

QUESTION NO: 418

DATE OF PUBLICATION: 26 February 2010

QUESTION PAPER NO: 4

DATE OF REPLY: 4 March 2010

 

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

 

(1) (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?

NW491E

 

REPLY:

(1) (a) The Department currently owns (i) 18 vehicles; (ii) no aircraft and (iii) no properties

(b)

 

Vehicles

(i) Date of purchase

(ii) Cost

(iii) Reason for purchase

Volkswagen Chico

03/03/2000

R53 827

For use by the Departmental Staff in the Parliamentary Office

Ford spectrum

17/11/2000

R109 362.48

For use by the Departmental Staff at ISSA in Cape Town Offices.

Volkswagen Citi golf

01/04/1998

R65 000

For use by the Departmental Staff at ISSA.

BMW 528 Automatic

06/06/2005

R280 000

It was initially purchased for use by the late Minister and now it is part of pool vehicles used by staff at ISSA in Cape Town. This vehicle could not be transferred to the current Minister as it was older than 5 years and had reached more than 120 000 kms.

BMW

25/08/2005

R479 904.35

It was initially purchased for use by the late Minister and now it is part of pool vehicles used in the Pretoria Office. This vehicle could not be transferred to the current Minister as it had more that 120 000 kms.

2 x Toyota Conquest

05/042001

R101 846

For use by the Departmental Staff at ISSA and Parliament in Cape Town.

3 x Polo Classic

14/12/ 2005

R341 745

For use by the Departmental Staff, 2 in Pretoria and 1 at ISSA in Cape Town.

7x Ford Focus

28/02/2006

R832 552

For use by the Departmental Staff and VIP protectors Pretoria Office.

Nissan Hard Body

2007/10/22

R173 420.50

For use by the Departmental Staff in Pretoria Office.

QUESTION NO. 419 (NW492E) INTERNAL QUESTION PAPER NO 4

DATE OF PUBLICATION: 26 February 2010

Ms L D Mazibuko (DA) to ask the Minister of Water and Environmental Affairs:

(a) What (i) vehicles, (ii) aircraft and (ii) 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?

Ms LD Mazibuko (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

419. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(a) (i) The Department of Environmental Affairs has not procured any vehicles, but inherited Government owned vehicles from the former Department of Environmental Affairs and Tourism.

(ii) The Department does not own any aircraft.

(iii) The Department does not own any property.

(b) (i) The Department is utilizing vehicles that were procured between 2005 and 2006.

(ii) The price range for the vehicles is between R94 000 and R135 000.

(iii) Government vehicles are utilized to perform various functions of the Department.

QUESTION NO 419

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO. 4)

419. Ms L D Mazibuko (DA) to ask the Minister of Water and Environmental Affairs:

(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? NW492E

---00O00---

REPLY:

(a)(i) One (1) BMW 530iA for Cape Town, one (1) BMW 7 Series lease for Pretoria, one (1) Sedan and One thousand and seventy six (1076) construction vehicles. Refer to Annexure A.

(a)(ii) Fall away

(a)(iii) Falls away

(b)(i) BMW 530iA and the Sedan were registered on 14 November 2006. Refer to Annexure A.

(b)(ii) Refer to Annexure A.

(b)(iii) BMW 530iA was purchased as a Ministerial vehicle for Cape Town and the BMW 7 Series has been leased as a Ministerial vehicle for Pretoria. Construction vehicles are used for the construction, rehabilitation, refurbishment, betterment, maintenance and operation of Government Water Schemes.

QUESTION 420

DATE OF PUBLICATION: FRIDAY 26 FEBRUARY 2010 [IQP No 4 -2010] SECOND SESSION, FOURTH PARLIAMENT

Question 420 for Written Reply, National Assembly: Dr L L Bosman (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

(a) What (i) vehicles, (ii) aircraft and (iii) properties are currently owned by her departments 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? NW493E

 

REPLY:

(a)(i) Vehicles

The Department does not utilise vehicles provided by the Government Garage due to the high monthly rental in respect of vehicles issued on a permanent basis to the department. All vehicles used are purchased as departmental vehicles and stationed country wide at departmental offices. The vehicles are maintained by the department.

The vehicles are used on a daily basis in the execution of functions such as the control and maintenance of international border fences, inspection services, veterinary services, soil conservation, engineering services, ect. In many instances vehicles are used off road, hence the need to purchased 4x4 vehicles.

The vehicles listed below are currently in use. When a vehicle is unserviceable, not economical to repair due to high mileage or accidents such a vehicle is sold on public auction and the proceeds are deposited in the National Revenue Fund.

QUESTION NO.:421

DATE OF PUBLICATION: 26 February 2010

Dr S M van Dyk (DA) to ask the Minister of Public Enterprises:

 

(1)Whether her department has given any financial assistance to any (a) agencies and (b) state-owned enterprises under its control in any of the past five financial years; if not, why not; if so, (i) what was the nature of the assistance provided to each type of entity in each case and (ii) why was this assistance necessary;

(2)whether these bodies would have been able to operate without financial support over that period; if not, why not; if so, what are the relevant details? NW494E

REPLY

 

(1) The department has provided financial assistance to state-owned enterprises under its control in the form of transfers for specific purposes over the past five financial years as outlined in the tables below:

QUESTION NO.:422

 

DATE OF PUBLICATION: 26 February 2010

Dr S M van Dyk (DA) to ask the Minister of Public Enterprises:

(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? NW495E

REPLY

(a)(i) The table below indicates the vehicles the Department of Public Enterprises owns - date of purchase, amount and the purpose.

 

Model and date of purchase

Amount

Purpose

BMW545i

R 392 100.00

Official vehicle in Cape Town - Minister

Date of purchase:

13/01/2005

VOLVOXC90

R 460 000.00

Official vehicle in Cape Town – Deputy-Minister

Purchase date:

29/10/2007

TOYOTA COROLLAS 140i

R 117 611.87

R 117 611.87

R 117 611.87

R 117 611.87

R 117 611.87

Protection Services – Minister Cape Town

Protection Services – Minister Cape Town

Protection Services – Minister Pretoria

Protection Services – Minister Pretoria

Messenger – Office of the DG Pretoria

Date of purchase:

26/02/2007

26/02/2007

26/02/2007

26/02/2007

26/02/2007

NB: (ii-iii) The department does not own any aircraft or properties.

TRANSFERS TO SOE FROM 2004/05 - 2008/9

           
             

SOE

2004/05

(R) million

2005/06

(R) million

2006/07

(R) million

2007/08

(R) million

2008/09

(R) million

Total per SOE

(R) million

 

Alexkor

2.0

13.4

82.1

72.7

130.0

300.2

Broadband Infraco

0.00

0.00

627.0

0.00

377.0

1,004.0

Denel

0.00

2,000.0

567.0

1,154.0

257.6

3,978.6

Pebble Bed Modular Reactor

600.0

580.0

1,204.4

2,502.3

1,750.0

6,636.7

South African Airways

0.00

0.00

0.00

744.4

0.00

744.4

South African Express

0.00

0.00

0.00

0.00

445.0

445.0

Transnet (SAX)

0.00

0.00

0.00

0.00

140.0

145.0

Total per year

602.0

2,593.4

2,480.5

4,473.3

3,099.6

13,248.9

PURPOSE OF TRANSFERS

Alexkor

 

2004/05

Valuating Alexkor's business units (R2 million). The valuation was done in support of Government's negotiations with the Richtersveld community to reach an amicable out-of-court settlement on the land claim.

2005/06

Reimbursement of transaction costs incurred by Alexkor during the discontinued strategic equity partnership process (R13.4 million).

2006/07

Working capital support and exploration (R32.9 million), township establishment (R20 million), land claim obligations (R27.3 million) and VAT (R1.9 million)

2007/08

Working capital support (R44.7 million), restructuring (R16.1 million) and VAT (R11.9 million)

2008/09

Capitalisation of the pooling and sharing joint venture with the Richtersveld Community (R100 million) and township establishment (R30 million). Part of land claim settlement obligations

Broadband Infraco

 

2006/07

R627 million to establish Broadband Infraco, including the purchase of the full service network from Eskom/Transnet. Shares subscribed

2008/9

R377 million of capital injected into Broadband Infraco to expand South Africa's ICT infrastructure. Shares subscribed

Denel

 

2005/6

R2 billion for recapitalisation. Shares subscribed

2006/7

R567 million for recapitalization. Shares subscribed

2007/8

R933 million for recapitalistation. Shares subscribed

R220.969 million indemnity claim in relation to the SAAB Aerostructures Indemnity agreement on the A400M contract

2008/9

R257.64 million indemnity claim in relation to the SAAB Aerostructures Indemnity agreement on the A400M contract

SAA

 

2006/7

Labour restructuring (R744 million)

Transnet (SAX)

 

2008/9

Payment to Transnet for SAX purchase (R140 million)

SAX

 

2008/9

Recapitalisation for aircraft financing (R405 million) and working capital (R40 million). Shares subscribed

(2) Transfers made to the SOE have been to address specific cases as outlined above. Government as a shareholder has provided equity for the establishment of SOE as well as for capacity expansion. Some of the SOE remain loss-making, with weak financial positions, and they continue to be undercapitalized. In such cases, based on thorough assessments, financial support was provided to address solvency and going concern issues.

QUESTION NUMBER 423

DATE OF PUBLICATION: 5 MARCH 2010

Mr M S F de Freitas (DA) to ask the Minister of Finance:

(1) Whether any investigations have been conducted into the allegations or requests for bribes to incoming tourists and travellers by custom officials at international airports; if not, why not; if so, (a) what was the result of such investigations, (b) who conducted them, (c) how were they conducted, (d)(i) when and (ii) where were they conducted and (e) what new measures were instituted in this regard;

(2) whether a cost analysis has been done in this regard; if not, why not; if so, what (a) was the result 0 and (b) new measures have been put in place in this regard?

NW496E

 

REPLY:

(1)(a) From 1 April 2009 to 28 February 2010, the investigated 7 cases of alleged bribery involving Customs officials at South African international airports. Of these, 5 are still active investigations, 1 case is in a disciplinary prosecution stage (the customs official accused is currently suspended pending the Disciplinary process) and 1 case has been finalised (the Customs official was dismissed).

(b) The Anti Corruption and Security Unit (ACAS) is a dedicated unit within SARS that investigates all corruption and bribery allegations.

(c) ACAS employs traditional investigative practices including the collecting of evidence in the form of statements of witnesses, camera footage and other evidence as well as the use of tactics such as sting operations to uncover corrupt activities. Preventive and detection measures include the use of cameras and physical security surveillance and ensuring that all customs operations are conducted in accordance with strict rules and Standard Operating Procedures (SOPS). Procedures are constantly reassessed to identify controls that require enhancement.

(d) (i) The 7 cases referred to occurred between 1 April 2009 to 28 February 2010

(ii) The investigations were conducted at ACAS Head Office and on site (OR Tambo International Airport and Cape Town International Airport)

(e) SARS recognises that motives and values of people playa key role in influencing their behaviour. For this reason, promoting a culture based on the highest standards of professionalism and integrity is an ongoing priority for SARS. This is reinforced by a theme that runs across all our internal communications and campaigns. In enhancing integrity, SARS promotes its values of integrity, honesty and transparency throughout the organisation and a clear Code of Conduct to raise employee's awareness of the standards of personal and professional behaviour required of them to maintain public confidence in the integrity of SARS. Areas covered by this code include:

  • Relationship with the Legislature and the Executive
  • Relationship with the public
  • Employer/Employee Relationship
  • Relationship among employees
  • Performance of duties
  • Personal conduct and private interests

In addition, the following practices are also employed:

 

· Managers are assessed and recruited for their commitment to the SARS values

· Ethical conduct is promoted at all levels.

· Staff who report corrupt activities are rewarded and celebrated at the annual awards ceremony and in many instances, take the top awards.

· Compulsory declaration of private interests by staff that is audited by internal ethics office.

· Vetting of all new employees and all promoted employees prior to appointment in new position.

(2) A specific analysis of the cost of preventing and investigating corruption has not been undertaken by SARS. The total budget for Anti-Corruption and Security for the previous two years amounted to R352.2m. The 2008/09 budget amounted to R152.5m and R199.7m for 2009/10, which included R43.6m for the roll out of the national security system during the same year. The total budget for 2010/11 is R198.4m which includes an amount of R34.0m for the national roll out of the security system. All investments made to protect SARS from corruption and to enhance its integrity span a wide range of functional areas including security and investigations, communications and change management, ethics and integrity promotion, human resources, pre-employment vetting and on-going performance management to name only a few. The perception of SARS as having the highest levels of integrity, fairness and honesty are an essential element of compliance with tax and customs legislation and thus directly impacts on the ability of SARS to collect revenue and widen the tax base.

 

Mr M S F de Freitas (DA) asked the Minister of Transport:

(1) Whether an investigation has been conducted into the access and exit systems at the OR Tambo International Airport following ongoing problems experienced where members of the public and passengers found difficulty exiting the parking areas; if not, why not; if so, (a) what was the outcome and (b) what was put in place to resolve this matter;

(2) what measures, processes and procedures exist to ensure that these type of problems do not re-occur? NW497E

 

 

REPLY:

The Minister of Transport:

(1) (a), (b) and (2)

The capacity of the parkades entrance and exit at OR Tambo International Airport are matched at design to the exit rate requirements. This is the case for all the parking products i.e. multi-storey parkades (MSP) and shade covered parking products. In addition, the MSP 1 and 2 have been integrated and this allows more options for exit points. When the new exit boom gates were introduced, which marginally reduced the transaction time hence slower exit rate, additional exit gates were added to all parkades. The added benefit of this was to reconcile a parking ticket to the vehicle which eliminated cars stolen from the parkades.

QUESTION NO 425

DATE REPLY SUBMITTED: 30 MARCH 2010

 

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 26 FEBRUARY 2010 (INTERNAL QUESTION PAPER: NO 4 – 2010)

 

Mr M S F de Freitas (DA) asked the Minister of Transport:

(1) (a) When will the demerit system be instituted countrywide, (b) what education and information programmes are in place to educate the public in this regard and (c) in what form does this education and information campaign take place;

(2) what (a) resources and human resources are still outstanding before this system is launched nationally, (b) training has been or will be given to affected officials such as traffic officers and (c) systems exist to ensure that such officials fully understand this system;

(3) what costs still need to be spent before this system is officially launched?

NW498E

______________________________________________________________________

 

REPLY:

The Minister of Transport:

(1) (a)

Due to the magnitude of the adjudication process and the system requirement envisaged in the Administrative Adjudication of Road Traffic Offences (AARTO), the Department of Transport (DOT) came up with an implementation plan that ensures that there is no systems failure during the national roll-out of the demerit points system in November 2010.

In this regard we have decided on a phased approach in the implementation process. The first phase will deal with the finalisation of the problems identified in the pilot projects that were in operation in the Tshwane and Johannesburg Metropolitan Municipalities.

The second roll-out phase, which will take place on 1 July 2010, will happen in the following cities: Cape Town, eThekwini, Ekurhuleni and the Nelson Mandela Bay Metropolitan Municipalities.

The last phase of the roll-out process will be a country wide programme and will take place on 1 November 2010.

(b)

The DOT, the Road Traffic Management Corporation (RTMC) and the soon to be established Road Traffic Infringement Agency (RTIA), will continue utilising the education and information strategies implemented in the two pilot areas already undertaken.

This will be by means of media (both print and electronic) coverage on the implication of AARTO on traffic violations and the infringements as contained in the AARTO Act. Infringers are informed through Infringement Notices sent to them of how many points they would have incurred had the demerit points being implemented. The information further advises them of the points required for them to reach the threshold when their licenses would be suspended.

(c)

This will include a booklet wherein various infringements are outlined and the general demerit points allocated to offences of similar nature. Furthermore, the booklet will advise them of the route they should take in dealing with the infringement (such as making representations and their rights and options in relation to the infringements) before the next AARTO process is initiated.

(2) (a)

The affected areas include the financial resources that will be allocated to the RTIA, based on its Strategic and Business Plan, Financial Plan and the required human resources needed to manage the regional offices that will be dealing with the AARTO process at various Authorities.

(b)

In terms of the implementation of the pilot projects, various training sessions have been given to the law enforcement agencies that are responsible for implementing AARTO and all the role-players that may be affected by such implementation. In terms of the proposed implementation plan this training will be extended to the various Authorities that will be responsible for implementing AARTO during July 2010 and the country wide phase that follows thereafter.

(c)

The system that will be utilised is the current eNaTIS system but it will contain specific AARTO transactions linked to the contravention register that only deal with the AARTO process. The system has been enhanced to deal with all the transactions required by AARTO.

(3)

As highlighted above, the system enhancement is embodied in the eNaTIS

QUESTION NO 424

DATE REPLY SUBMITTED: 30 MARCH 2010

 

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 26 FEBRUARY 2010 (INTERNAL QUESTION PAPER: NO 4 – 2010)