Questions & Replies No 476 to 500

2010-03-24

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[PMG note: Replies are inserted as soon as they are provided by the Minister]

QUESTION 476 26 FEBRUARY 2010

WRITTEN REPLY

476. Mrs J D Kilian (Cope) to ask the Minister of Public Works:

(1) (a) How many legal advisers were appointed permanently to his staff complement, (b) how are legal firms or practitioners selected and (c) how often is the list of legal practitioners revised;

(2) whether his (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 his (a) Ministry and (b) department; if so, (i) which legal firms or practitioners were selected to serve on the panel for his (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? NW552E

REPLY

(1) (a) There is no legal Adviser appointed to the Minister's staff complement.

(b) The selection of legal firms or practitioners is in terms of the Department
SCM processes

(2) (a) Yes

(b) Yes

(3) There is no specific panel of legal firms which was appointed for both the
Department and Ministry

(4) (a) (i) Edward Nathan Sonnenbergs

R739, 005.40 - 10/10/2008

R11, 358.26 - 05/12/2008

D K Siwela Attorneys

R29, 560.00 – 12/12/2008

R44, 980.00 – 19/12/2008

Mseleku Attorneys

R607,801.87 - 2008

(ii) Edward Nathan Sonnenbergs

R519, 934.06 - 04/03/2009

R81, 668.75 - 11/08/2009

R306, 419.82 – 26/08/2009

Biccari Bollo Mariano INC

R48, 940.20 – 16/09/2009

D K Siwela Attorneys

R57, 460.00 – 14/07/2009

(4) (b) (i) R1 432 705.53

(ii) R1 014 422.80

QUESTION NUMBER 477

DATE OF PUBLICATION: 26 FEBRUARY 2010

Mr N J J van R Koornhof (Cope) to ask the Minister of Finance:

Whether he will look at lifting the minimum level at which companies pay taxes in order to assist Small and Medium Enterprises (SME's); if not:, why not; if so, what steps?

NW554E

REPLY

Yes, the National Treasury continually reviews the manner in which SME's can be assisted, and tax thresholds are periodically updated, although not necessarily on an annual basis. Where new announcements are made, there usually occur in the annual Budget. As you are aware, the 2010 Budget did not make any significant new announcements on SME's. This is largely due to announcements in the previous two budgets still being at an early stage of implementation.

The taxation of micro-businesses has been simplified and the tax liability of qualifying small business corporations has been reduced in recent years.

A micro-business which is a business with an annual turnover of up to R1 million per annum and which meets certain requirements, has the option to register for the turnover tax regime. This simplified tax regime substantially reduces the compliance costs to submit tax returns and in some instances could result in a lower tax liability. However, it should be noted that the focus of the turnover tax regime is to reduce the tax compliance burden. As you may have noted in the Budget announcements of February 2010, no changes to the tax-free turnover threshold have been proposed for the 2010/11 tax year, as the turnover tax regime first came into operation for the 2009/10 tax year. The 2010 Budget Review did note some technical refinements with regard to the micro-business turnover tax. These were set out in Annexure C.

A small business corporation, which is a company with an annual turnover of up to R14 million per annum and which meets certain requirements, qualifies for the small business corporation tax regime. This regime provides for a graduated income tax and accelerated depreciation allowances for qualifying companies. It is proposed that the first R57 000 of taxable income be tax-free for the 2010/11 tax year, up from R54 200 for the 2009/10 tax year. This monetary threshold is the same as the income tax-free thresholds for individuals under 65 years of age (and their unincorporated businesses) and has been adjusted annually as per the personal income-tax tables. Taxable income above R57 000 up to R300 000 is taxed at 10 per cent and is taxed at 28 per cent above the 300 000 level i.e the standard corporate income tax rate. Given that the marginal income tax rate for individuals (and thus also unincorporated businesses) of 30 per cent is proposed to commence at a taxable income of R221 000, with the top marginal income tax rate of 40 per cent commencing at R552 000, there is good reason for not to increasing the R300 000 to a level that is too high. As noted above, we will consider adjusting the R300 000 monetary threshold for small business corporations in future budgets.

QUESTION NUMBER 478

DATE OF PUBLICATION: 26 FEBRUARY 2010

Mr N J J van R Koornhof (Cope) to ask the Minister of Finance:

Whether his department will introduce new measures to curb the continued inefficiencies in government departments; if not, why not; if so, what measures? NW555E

REPLY

Yes. One key focus of the 2010 Budget process was identifying where savings could be made and where spending could be reduced by postponing, cancelling or winding down low-priority and ineffectual programmes. Departments are continually tasked with assessing the role, purpose and effectiveness of programmes and public entities, and whether outputs can be attained at a lower cost.

As announced, a comprehensive expenditure review will be conducted jointly by the National Treasury and the Presidency, overseen by the Ministers' Committee on the Budget. In addition, to reduce corruption and to lower the costs of procuring certain goods and services, more centralised procurement arrangements will be adopted where this contributes to greater efficiency and transparency. A supply chain compliance unit has also been established in the National Treasury to investigate compliance with tender rules and procedures.

QUESTION NUMBER 479

DATE OF PUBLICATION: 26 FEBRUARY 2010

Mr N J J van R Koornhof (COPE) to ask the Minister of Finance:

How many lifestyle audits did the South African Revenue Service (SARS) conduct in 2009?

NW556E

REPLY:

The South African Revenue Service (SARS) employs a risk-based approach to identify and investigate non-compliance with tax and customs laws.

Risk-profiling is applied to all tax entities (individuals and businesses) and across all tax types or tax products - Personal Income Tax (PIT), Corporate Income Tax (CIT), Value-Added-Tax (VAT) and Customs and Excise duties.

Over time SARS has improved its capability to gather and analyse taxpayer information. This has significantly improved SARS' risk rules that identifies undesirable tax planning and tax evasion.

SARS obtains taxpayer information from various sources - verification and analysis from 3rd party data sources, the SARS anti-corruption and fraud hotline, income tax returns a taxpayer submits to SARS and suspicious activity reports from members of the public.

A lifestyle questionnaire is one method of obtaining information in terms of Section 74 (A) and (8) of the Income Tax Act, 1962 from a taxpayer and - together with other information sources assists SARS in matching the lifestyle trends, income streams and the asset base of a taxpayer, to what has been declared in an income tax return. The accumulated wealth has to be explained by the taxpayer for tax purposes. Any unexplained wealth is taxed.

The Compliance and Risk Unit within SARS conducts the risk analysis of taxpayer information. If there is a mismatch between what the taxpayer has declared and what SARS has found, the case is referred for an audit.

If it is confirmed that the taxpayer has evaded tax, penalties are levied, interest is charged and additional tax of up to 200% of the evaded tax is charged. Depending on the circumstances, the case may then be handed to SARS criminal investigation who then engages the South African Police Service (SAPS) and a Specialised Tax Unit for criminal prosecution within the National Prosecuting Authority (NPA).

A total number of 72 926 audits - across all tax types and on all categories of taxpayers - with varying degrees of depth were concluded during 2008/09. Of these 1 740 were in-depth investigations of individual taxpayers.

QUESTION 480

INTERNAL QUESTION PAPER [No 4-2010]

DATE OF PUBLICATION: 26 February 2010

480. Mr R B Bhoola (MF) to ask the Minister of Rural Development and Land Reform

Whether the Land Rights Board has been established in each affected province; if not, why not; if so, what are the relevant details? NW557E

MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

No. Although the Communal Land Rights Act, 2004 (Act No 11 of 2004) provides for the establishment of Land Rights Boards in each province, these Boards have not yet been established as various sections of the Act, including those relating to the proposed composition of the Land Rights Boards, are the subject of court proceedings with regard to their constitutionality.

QUESTION NO: 482

DATE OF PUBLICATION: 26 February 2010

QUESTION PAPER NO: 4

DATE OF REPLY: 12 March 2010

Mr R B Bhoola (MF) to ask the Minister of Communications:

(a) What progress has been made regarding the rapid deployment of electronic communication facilities throughout the country and (b) what is the progress with the Uhurunet in linking African countries and other parts of the world via undersea cables?

NW559E

REPLY:

(a) The Department of Communications intends to issue a policy directive to ICASA on the declaration of essential facilities by December 2010 so as to facilitate the rapid deployment of electronic communication facilities throughout the country.

(b) The Department, through the e-Africa Commission, received a report from the NEPAD Secretariat entitled: Progress Report on the NEPAD Network – March 2010. This report indicates that the construction of the UHURUNET has not yet commenced.

QUESTION NO 484 ( NW 399 E)

Adv A de W Alberts (V F Plus) vra die Minister van Arbeid:

Of sy departement voornemens is om weg te beweeg van ras as maatstaf na sosio-ekonomiese maatstawwe om in aanwerking te kom vir regstellende aksie en swart bemagtigingsvoordele; so nie, waarom nie; so ja, wat die tersaaklike besonderhede is? NW399A

English translation:

Whether his department intends to move away from race as criteria towards socio-economic criteria in the application of affirmative action and black empowerment; if not, why not, if so, what are the relevant details?

The Minister of Labour replied:

The department of Labour will comply with the Employment Equity Act in full.

QUESTION NUMBER 485

DATE OF PUBLICATION: 5 MARCH 2010

Adv A de W Alberts (FF Plus) to ask the Minister of Finance:

Whether the Treasury has done a study to assess the impact and effect of the increased fuel levy; if not, why not; if so, what were the findings?

NW400E

REPLY

The National Treasury generally reviews the impact of all taxes on a continuing basis, we also take into account the various policy objectives for each tax instrument.

Tax burden

The combined fuel taxes in 2010/11 increased by 11.70 per cent to 243.50 c/l for 93 Octane petrol and by 12.56 per cent to 228.51 c/l for diesel. This included the 7.5 cents per litre to be allocated to the "security of supply" portion of the new multi-product pipeline.

The February 2010 average pump price for 93 Octane petrol in Gauteng was 785.00 c/l and the wholesale price for diesel 701.85 c/l. This resulted in a total fuel tax burden, expressed as a percentage of these prices, of 31.6 per cent for 93 Octane petrol and 32.8 per cent for diesel. These percentages remain below historic higher levels and will probably decrease during the year, as the prices at the pump increases. Fuel taxes remain unchanged during the year, despite the monthly fluctuations in pump prices.

Macroeconomic impacts

The estimated direct impact from a R1 per litre increase in fuel taxes is a reduction of 0.05 per cent in GDP growth and inflation is estimated to be 0.1 percentage points higher. The effect of the fuel tax on inflation is small, because the tax has a small pass-through due to the weight of petrol in the CPI basket being only 3.96 per cent in the total series.

Given that some of this revenue will be spent on productive fixed investment, the net macroeconomic impact could even be positive. The net macroeconomic impact of the total 2010 fuel tax increases of 25,5 cents per litre should therefore be limited

Distributional impacts

Increases in fuel taxes are likely to impact negatively on the poor directly through increased transport costs and indirectly through food price inflation. To the extent that we subsidies public transport, we can mitigate such effects on poor households.

However, it should be noted that, in aggregate, fuel taxes tend to be progressive as middle and higher income households spend more in both relative and absolute terms on transport, especially through the use of private motor vehicles. Fuel taxes also help to limit unnecessary private motor vehicle driving and thereby make a contribution towards environmental objectives.

Expenditure programmes

The impact of fuel tax increases should be assessed in the context Government's expenditure programmes.

Although revenue from the general fuel levy is not specifically earmarked, other than the Road Accident Fund levy and the funds set aside as part funding for the new pipeline, it should be noted that the National Government allocates provincial and municipal infrastructure grants that part fund road infrastructure at sub-national level. The national road network is maintained and developed by the South African National Roads Agency Ltd. (SANRAL). Transfers from the National Government to SANRAL over the 3-year Medium Term Expenditure Framework (MTEF) period have been budgeted at R25.1 billion (R6.8, R8.8 and R9.5 billion for 2010/11, 2011/12, and 2012/13 respectively).

The National Government has increased expenditure on public transport consistently over the past several years. The following allocations were announced in Budget 2010 for the financial year 2010/11:

· R2.76 billion - to the Passenger Rail Agency of South Africa for operational spending;

· R4.81 billion - to the Passenger Rail Agency of South Africa for rail infrastructure;

· R3.86 billion - to provinces for bus services; and

· R3.70 billion - to municipalities for public transport infrastructure.

Diesel is the main fuel input for the primary sectors, in particular the agricultural sector. The total diesel refund scheme amounts to approximately R1.0 billion per year. The diesel refunds scheme should mitigate for the impact on the Agriculture sector and hence food price inflation.

QUESTION NO 486

DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: (05 MARCH 2010) (INTERNAL QUESTION PAPER NO 486-05)

"486. Adv A de W Alberts (FF Plus) to ask the Minister of Science and Technology:

(1) Whether her department is planning to introduce specific measures aimed at furthering the capacity to build satellites at a fraction of the international cost; if not; why not; if so, what measures?"

(NW401E)

REPLY:

The Department of Science and Technology has demonstrated its commitment to supporting the development of further capacity to build satellites at a fraction of the international cost by commissioning the development of a demonstration satellite - SumbandilaSAT, which came in at about a fifth of the estimated international cost. The development of a full flight satellite, which will include dual redundancy and radiation hardening of its components, will still be developed at a cost-competitive level. Furthermore, the Department is in the process of acquiring an equity stake in a company whose cost effective nano/micro-satellite building expertise will be leveraged to achieve further capacity to build satellites . The Department is also establishing partnerships with relevant nations to leverage their know-how to strengthen South Africa's knowledge base.

QUESTION 487

Mr P.J. Groenewald (FF Plus) to ask the Minister of Defence and Military Veterans:

1. Whether she intends to confer, as planned, the Closure Commemoration Medal, class Commando, on outgoing members of commandos; if not, why not; if so when;

2. Whether she will make a statement on the matter?

REPLY

1. In accordance with the provision of Section 84(2)(k) of the Constitution of the Republic of South Africa, 1996, the President institutes medals and decorations awarded to members of the South African National Defence Force.

The President approved a Presidential Warrant, for the institution of the Closure Commemoration Medal – Sluitingsgedenkmedalje – Medalje wa Segopotsoso sa Tswalelo (which would be for award to members of the Commandos, as well as any other deserving member of a component of the South African National Defence Force, as defined in Section 53 (1) of the Defence Act, 2002, that may be disbanded, who on or after the 27^th April 2003 completed five years' qualifying years in the component) on 17 March 2010.

QUESTION 488

Mr P.J. Groenewald (FF Plus) to ask the Minister of Defence and Military Veterans:

(1) Whether (a) in the (i) 2005-06, (ii) 2006-07, (iii) 2007-08 and (iv) 2008-09 financial years and (b) during the period 1 April 2009 until the latest specified date for which information is available her department appointed any consultants; if so, (i) what consultants and consultancies, (ii) what amounts were paid in each of these financial years to each consultant and consultancy, (iii) who are the directors of each of these consultancies and (iv); why, in each case?

(2). Whether she will make a statement on the matter? NW408E

REPLY

(1). a. Yes

b. Yes

A breakdown is attached hereto.

(2) No

QUESTION NO 489

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 MARCH 2010

(INTERNAL QUESTION PAPER NO 6- 2010)

Date reply submitted : 24 March 2010

489. Mr P J Groenewald (FF Plus) to ask the Minister of Police:

(1) Whether he, in light of the fact that he is going to purge the police service of criminals, is planning to review steps against a certain person (name furnished) now that this person has been found guilty in court of theft at an accident scene; if not, why not; if so, what steps will be taken against him;

(2) whether the said person is still acting station commander in Caledon; if so, why;

(3) whether he will make a statement on the matter?

NW409E

REPLY:

I informed Parliament earlier this year that my office is currently involved in a rigorous assessment and audit of SAPS members with regard to such matter. This matter falls within this audit and I will report on the outcome of this process as soon as it has been completed.

QUESTION NO 490

490. Mrs J D Kilian (Cope) to ask the Minister of Justice and Constitutional Development:

(1) (a) How many legal advisers were appointed permanently to his staff complement, (b) how are these legal firms or practitioners selected and (c) how often is the list of legal practitioners revised;

(2) whether his (a) Ministry and (b) department from time to time obtain legal services from private legal firms or practitioners; if so,

(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?

NW553E

REPLY:-

The required information requires a degree of time for my Department to compile, verify and submit an accurate response. We therefore request an extension of this question until 16 April 2010 when the information will be supplied to the Honourable Member.

QUESTION NUMBER 491

Mrs. G M Borman (ANC) to ask the Minister of Human Settlements:

"Whether he has signed his performance contract with the President; if not, why not; if so, what are the relevant details?"

REPLY

Although the performance contract with the President is not yet signed, my office, in conjunction with the Presidency, is currently in a process of developing it for signature by myself and the President. The performance contract shall become a vital tool of administration towards the implementation of the Outcome based approach to Human Settlements.

Parliamentary Question NO. 492

Mrs V Bam-Mugwanya (ANC) to ask the Minister of Human Settlements:

(1) What steps is he taking with regard to contractors who built flawed houses for Government housing schemes?

(2) whether they will have to (a) reimburse the money they were paid and (b) demolish and rebuild at own cost; if not, why not in each case, if so, what are the relevant details;

(3) how will officials (a) be held accountable who accepted substandard building work and (b) share in the cost to the Government?

Response

(1) Through the announced national audit the department IS taking civil and criminal action against companies/developers or contractors who built flawed houses for Government housing schemes:

The process is currently progressing well under the management of the Special Investigating Unit.

(2) (a) The civil process seeks to recover all the losses suffered by the department as a result of failure to exercise due care by companies/developers or contractors and some contractors have already signed acknowledgements of debt with the department for failure to deliver when money had already been paid to them.

(b) The cost of demolishing and rebuilding the houses that have necessitated demolishing have been borne by the Department of Human Settlements in order to fast track the service delivery process whilst the litigation process to establish the cause for the structural defects is in progress.

(3) (a) Disciplinary and/or criminal action will be taken against all officials who are required to oversee the process, and have been found to have been accepting substandard building work and those that have been in collusion with the contractors, which could be an act of fraud.

(b) In making decisions with regards to action to be taken against individuals at all levels of government, the department will also consider the need for any individual or parties to be sued for damages suffered by the department

QUESTION 493

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER:

(INTERNAL QUESTION PAPER: 6-2010)

Ms F I Chohan (ANC) to ask the Minister of Basic Education:

(1) Whether the levy of the SA Council of Educators (SACE) of R6,00 per teacher per month will be increased to R20,00 per teacher per month in order to meet rising expenditure at the SACE; if not, what is the position in this regard; if so,

(2) whether she will make a statement on the matter? NW582E

Response

No, the levy will not be increased from R6 per teacher per month to R20 per teacher per month.

The SACE council made a decision to request an increase in the monthly levies from R6 to R20 per educator per month, and requested the Minister to consider this increase, as they are required to in terms of the SACE Act.

Following this request the Minister held discussions with the SACE Council, on the 6^th October 2009, to explore issues related to SACE's funding. The Council was persuaded that the levy increase requested be reduced from an additional R14 per educator per month (totalling R20) to R9 per educator per month (totalling R15).

The Department received a letter from SACE dated 3 November 2009 requesting the Minister to consider the Council's new proposal to increase the levy from R6 to R15 per educator per month.

(2) The Minister is currently considering this request. Once all the facts and relevant issues have been taken into account the minister will make a decision. Once the decision is made the Minister will consider whether she will make a statement on the matter.

QUESTION 494

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 5/03/2010

(INTERNAL QUESTION PAPER: 6-2010)

Ms F I Chohan (ANC) to ask the Minister of Basic Education:

What was the total salary expenditure for the SA Council of Educators (SACE) for the (a)(i) 34 permanent and (ii) eight temporary staff members in the 2007-08 financial year, (b)(i) 39 permanent and (ii) four temporary staff members in the 2008-09 financial year and (c) what is the breakdown of the (i) salary, (ii) fringe benefits and (iii) bonus increases in each case? NW583E

Response

(a)(i) R7 032 320

(ii) R104 302

(b)(i) R8 873 823

(ii) R18 357

EXECUTIVES

NAME	BASIC	P/BONUS	FRINGE BENEFIT/OTHER	TOTAL
BRIJRAJ R (CEO)	613 660	164 953	408 999	1 187 612
MAPINDANI GM (CFO)	387 428	130 225	434 489	952 142
TOTAL	1 001 088	295 178	843 488	2 139 754
TOTAL OTHER
STAFF MEMBERS	3 539 062	437 772	2 227 817	6 204 651
GRAND TOTAL	4 540 150	732 950	3 071 305	8 344 405

Total Executives and other staff 8 344 405

Salary provisions 529 418

Temporary staff 19 357

TOTAL 8 893 180

2007/08

EXECUTIVES

NAME	BASIC	P/BONUS	FRINGE BENEFIT/OTHER	TOTAL
BRIJRAJ R	525 683	83 541	351 213	960 437
GALLIE M	427 465	71 294	381 082	879 841
MAPINDANI GM	277 044	44 028	290 517	611 589
TOTAL	1 230 192	198 863	1 022 812	2 451 867
TOTAL OTHER
STAFF MEMBERS	2 466 760	176 826	1 594 850	4 238 436
GRAND TOTAL	3 696 952	375 689	2 617 662	6 690 303

Total Executives and other staff 6 690 303

Salary provisions 342 017

Temporary staff 104 302

TOTAL 7 136 622

QUESTION 495

DAT OF PUBLICATION OF INTERNAL QUESTION PAPER:

(INTERNAL QUESTION PAPER: 6-2010)

Ms F I Chohan (ANC) to ask the Minister of Basic Education:

Whether all stakeholder unions have agreed in specific terms to the purchase by the SA Council of Educators (SACE) of a property of R12 100 000 and the improvements and/or reconstruction of the building projected cost of R49 281 812; if not, (a) who and (b) on what basis; if so, when was this agreement (i) sought and (ii) reached? NW584E

Response

At the outset we wish to point out that Council does not seek specific mandates or agreements from any of the Stakeholders participating in Council regarding impending decisions in Council. Council strives initially to arrive at a Council position on all issues pertaining to its work, including finances and infrastructure. Thereafter Council engages with Stakeholders and other interested parties to explain the rationale of its decisions.

Further, in response to this question, we are informed by Sections 5(d) and 6 of Act no. 31 of 2000 (South African Council for Educators Act of 2000).

Of particular reference to this question is that all Stakeholders indicated in the question form part of the SACE Council, and were present when the decision on the purchase of the building and the subsequent decision to increase the levies to cater for amongst others, the refurbishment of the building, were taken. The attendance register and the minutes in this regard are available on request.

Furthermore, based on the decision of Council to increase the monthly levies to R20.00 per educator, consultations were held with the Minister as stipulated by the SACE Act.

QUESTION 496

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 05/03/2010

(INTERNAL QUESTION PAPER 6 OF 2010

Mr M L Fransman (ANC) to ask the Minister of Higher Education:

What (a) is the total budget of the National Skills Fund (NSF), (b) amount has been spent until November 2009, (c) amount of the 2009-10 budget has not been spent as at 1 November 2009, (d) amount of the 2009-10 budget has not yet been committed to a project as at 1 November 2009 and (e) is the amount of the NSF unspent allocations broken down in each province? NW586E

REPLY:

(a) The total approved 2009/10-budget of the National Skills Fund as at 1 November 2009 was –

R 3,470,479,000.

One of the reasons for the quite high budget amount is because the budget makes provision for an amount of R1,2 billion to support the Training Lay-off scheme as a result of the international economic crisis.

(b) The total expenditure of the National Skills Fund as at 1 November 2009 was –

R 537,363,000.

(c) The unspent part of the 2009/10-budget of the National Skills Fund as at 1 November 2009 was therefore – R 2,933,116,000.

Kindly note that the contractual commitments as at 01 November 2009 amounted to –

R 1,059,426,000. Also note that certain of these commitments are multi-year commitments, for instance the Business Processing Outsourcing and Off-Shoring (BPO&O) training grants linked to the DTI investment incentive programme are spread over a 3 year period from as per the approved incentive period per case.

It should further also be noted that at this point none of the R1,2 billion earmarked for the support of the Training Lay-off scheme was committed or spent.

(d) The 2009/10-budget not yet committed to a project as at 01 November 2009 amounted to –

R 1,174,860,000-00

(e) The amount of the NSF unallocated funds broken down in each province?

Of the abovementioned amount of R1,174,860 uncommitted funds R508,560 have been directly earmarked per province for the training of unemployed people related to the Social Development Initiatives funding programme of the National Skills Fund . The break-down per province are as follows:

Province	Budget 2009/10 (A)	Training contracts awarded at 31 Oct 2009 (Dept of Labour Prov Offices) (B)	Balance of previous years carried forward too 2009/10 (C)	Total Commitments [ B + C = D ] (D)	Total Expenditure (as at 1 November 2009) – payments of claims submitted by training providers (E)	Unallocated Balance [A – D]
Eastern Cape	135,742,393	23,993,011	796,160	24,789,171	2,482,963	110,953,222
Free State	37,339,028	3,380,040	1,410,263	4,790,303	797,415	32,548,725
Gauteng North	42,559,136	5,010,380	1,027,057	6,037,437	74,084	36,521,699
Gauteng South	102,279,675	55,391,395	349,269	55,740,664	2,922,358	46,539,011
KwaZulu Natal	61,502,481	0	105,254	105,254	1,082,035	61,397,227
Limpopo	26,622,028	5,901,751	11,389	5,913,140	221,334	20,708,888
Mpumalanga	30,541,447	5,996,431	431,435	6,427,866	302,588	24,113,581
Northern Cape	22,153,622	14,818,261	146,503	14,964,764	259,750	7,188,858
North West	71,580,333	9,213,062	3,314,258	12,527,320	1,378,707	59,053,013
Western Cape	74,330,120	0	153,146	153,146	153,146	74,176,974
BESD-Entrepreneur Development Programme * Gauteng North * Gauteng South * Northern Cape	23,000,000	11,162,583		11,162,583	0	11,837,417
		(3,814,805)
		(4,168,774)
		(3,179,004)
Daily Learner Allowance	24,521,120	999,056		999,056	999,055	23,522,064
Head Office	624,248	624,248		624,248	624,248	0

TOTAL	652,795,631	136,490,218	7,744,734	144,234,952	R 11,297,683	R 508,560,679

The transfer of the skills development function from the Department of Labour (DoL) to the new Department of Higher Education and Training from 1 November 2009 resulted the uncertainty at the DoL Provincial Offices to continue awarding training contracts for the training of unemployed people. This has since been resolved and now receiving the necessary attention.

A further amount of R500 million and R50 million have been earmarked for the Requests for Proposals respectively for the NSF Strategic Project Programmes and Capacity Building for Community Based Organisations (CBOs) that have been advertised in the media during 2009, and these proposals received are under consideration through the normal procurement adjudication processes. A breakdown per province is only available once the adjudication process has been completed.

The remaining balance of unallocated funds are related to –

(1) R 80 million earmarked for ABET-programmes which has been held back to determine whether the NSF should still continue to fund ABET programmes in the future.

(2) R25, 3 million available for BPO&O training grants. These funds are dependant on applications that the Department of Trade and Industry receive from interested qualifying investors for BPO&O incentives and applications approved by the BPO&O Adjudication Committee. Training incentive grants has since been awarded to qualifying applicants during November 2009 to February 2010 and the current available balance as at end February 2010 is R8, 6 million.

(3) R10 million earmarked for the capacity building of members of the National Skills Authority constituency organisations. This programme is currently receiving attention.

QUESTION 497 WRITTEN REPLY 05 MARCH 2010

497. Mrs P de Lille (ID) to ask the Minister of Public Works:

(1) With reference to the articles (details furnished), (a) how much did the recently purchased property intended for the Chief Justice cost, (b) when was the property purchased, (c) for what reason was the property purchased and (d) why did the department fail to provide the Deputy Chief Justice with a house for 5 years;

(2) Whether other options were considered before purchasing this property; if not, why not; if so, who was the previous owner of the property? NW608E

Reply

1. (a) R 18 000 000.00

(b) November 2009

(d) The Chief Justice and Deputy Chief Justice official accommodation was approved by Cabinet in 2007 and was incorporated into the Ministerial Handbook in 2007.

2. Yes, the owner was the Tambo Family Trust.

QUESTION N0 498

Mrs C Dudley (ACDP) to ask the Minister of Trade and Industry:

(1) Whether he has been informed that there is confusion about closed corporations having to re-register every year, since they were not required to do so in the past; if so,

(2) whether he has been informed (a) about the capacity problems with regard to the Companies and Intellectual Property Registration Office of SA (CIPRO) website and (b) that companies are fined or de-registered for not lodging returns after having their electronically-submitted returns rejected; if not, what is the position in this regard; if so, what measures are being taken (i) to ensure access to CIPRO and (ii) to communicate with companies in order to (aa) clarify and address the situation, (bb) rectify problems and (cc) waive unfair fines? NW609E

Response:

(1) I have not been informed because there is no re-registration requirement in the Companies and Close Corporations Acts. However, if a company or a close corporation is in the process of being deregistered and later complies before it is deregistered, then the process is cancelled. On the other hand, if a company or close corporation has been finally de-registered as a result of non-submission of annual returns, and the company or close corporation thereafter complies with the said requirement, the Act allows for a process of restoration of such an enterprise back into the register.

(2) (a) I only became aware of the website challenges when they occurred and a report was submitted highlighting the measures that are put in place to address the matter. I am overseeing these measures to prevent any system challenges.

(b) I am not aware that companies are being fined. However, Cipro has advised that for any rejected annual return they conduct a review on the merit of that particular return and where it is proven that the return was rejected due to unforeseen system challenges, a general waiver is then issued. Companies and close corporations are urged to approach Cipro on this.

(b)(i) Customers can access Cipro through their offices in Pretoria as well as the offices that are in Cape Town and by post, in the event that the website is offline. In order to improve access the Cipro website server was upgraded on 22 January 2010 for additional load. Cipro will continue to monitor the effectiveness of the website to prevent problems of accessing the website.

(b)(ii)(aa) CIPRO continues to communicate through various structures which include members of relevant professions. In addition, Cipro uses electronic and print media to communicate, whenever necessary, the Customer Contact Centre as well as a special Annual Return Help Desk.

(b)(ii)(bb) Reminders are sent to companies and a list of defaulting companies and close corporations is placed on the website. Cipro also conducts public awareness campaigns to encourage the submission of annual returns by companies and close corporations, in addition to the other channels of communication mentioned in aa above.

(b)(ii)(cc) Waiver of penalties as mentioned is on a case-by-case basis and where it is proven that rejection was due to unforeseen system challenges.

QUESTION NUMBER: 499

DATE FOR PUB LICATION: 5 MARCH 2010

DATE REPLY SUBMITTED: 20 APRIL 2010

LEADER OF THE OPPOSITION (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION:

(1) (a) what is the current status of certain complaints (details furnished) registered with the Presidential Hotline and (b) to which department was each complaint referred;

(2) Whether any action has been taken regarding the complaints; if not, why not; if so, (a) what action and (b) what is the date that he had set by which each complaint should be finalized?

NW611E

REPLY:

COMPLAINT REF NR	ASSIGNEE (PROV/DEPT)	CURRENT STATUS	ACTION TAKEN UP TO NOW
1952293	The Presidency & SANDF Ministry	Resolved	Matter resolved. SANDF response: the alleged is not in the SANDF payroll.
1845413	The Presidency & Mpumalanga Province	Closed by Presidency and reassigned to Mpumalanga	Mpumalanga Provincial Government is carrying out investigations.
1952438	The Presidency	Closed	Matter closed on the basis that it is a matter between a political party and parliament and has to be addressed through existing parliamentary channels
2086072	Mogalakwena Local Municipality Limpopo	In progress	The matter is being handled by the province – Limpopo
2831795	Limpopo Prov		The matter is being handled by the province – Limpopo
2262376	Free State Province	Assigned	Initially the call was incorrectly assigned to Limpopo, it has now been reassigned to the correct province – Free State and is being attended to.

QUESTION NO: 500

Mr A T Fritz (DA) to ask the Minister of Correctional Services:

Whether any inmates are serving sentences as a result of them not being able to pay fines imposed by the courts; if so, (a) how many and (b) what are the relevant details?

NW613E

REPLY:

(a) Yes. The total number is 2 578 offenders on 15 February 2010. Breakdown by region is as follows;

Region	Number of Offenders
Eastern Cape	155
Gauteng	789
KwaZuluNatal	327
Limpopo, Mpumalanga & North West	589
Northern Cape & Free State	232
Western Cape	486
TOTAL	2 578

Region	0-R100 or 1 month	R100-R200 or 2 months	R201-R300 or 3 months	R301-R400 or 4 months	R401-R500 or 5 months	R501-R600 or 6 months	R601-R700 or 7 months	R701-R800 or 8 months	R801-R900 or 9 months	R901– R1000 or 10months	Above R1000 or longer than 10 months	TOTAL
Eastern Cape	17	24	19	13	13	4	0	3	0	9	53	155
Gauteng	45	29	91	47	34	16	3	14	2	65	444	790
Northern Cape & Free State	26	19	45	18	15	7	0	8	5	7	83	233
Western Cape	114	83	68	27	31	11	2	22	3	26	97	484
KwaZuluNatal	29	29	38	21	16	6	0	7	0	31	150	327
Limpopo, Mpumalanga & North West	27	28	107	32	30	8	0	11	1	46	299	589
											TOTAL	2578

QUESTION NO 483

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 FEBRUARY 2010

(INTERNAL QUESTION PAPER NO 4- 2010)

Date reply submitted: 16 April 2010

483. Mr P van Dalen (DA) to ask the Minister of Police:

(1) Whether the (a) Personnel Deployment Report (SA 15) and (b) Automatic Vehicle Logging System (AVL) are accessible to Community Policing Forums (CPFs); if not, why not; if so, what are the relevant details;

(2) whether it is the role of the CPFs to fulfill an oversight role; if not, what is the position in this regard; if so, what are (i) their duties and responsibilities and (ii) the further relevant details;

(3) whether all CPFs have a constitution; if not, why not; if so, what are the relevant details;

(4) whether any action is being taken to ensure that all CPFs have constitutions; if not, why not; if so, what action?

NW560E

REPLY:

(1)(a) & (b) No, the SAPS 15 and AVL systems are not accessible to CPFs, as operation and tactical information are captured in this register and system and both tools are used for operational command and control.

(2)(i) & (ii) The role of the CPF is set out in Chapter 7 of the South African Police Service Act, 1995.

(3) All community police forum, sub-forum or boards have a written constitution. The Secretariat of Police together with the CPF National Board are going to be involved in a revision of the National and local Constitutions of the CPFs.

(4) According to the South African Police Service Interim Regulations for Community Police Forums and Boards 2(3)(a), the Station Commander must render all reasonable assistance to the Steering Committee to draft a Constitution for the Community Policing Forum which is to be established.

2010-03-24

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