Questions & Replies: Questions & Replies No 576 to 600

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2010-03-26

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QUESTION NO. 576 INTERNAL QUESTION PAPER NO 6

DATE OF PUBLICATION: 5 March 2010

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

(1) Whether his department conducted any study with respect to the short-, medium- and long-term impacts on the tourism industry resulting from the 2010 Fifa World Cup Soccer tournament; if not, why not; if so, what are the relevant details;

2) whether an assessment has been made with regard to the additional income derived directly from the 2010 Fifa World Cup Soccer tournament that will be received by the SA Revenue Service (SARS); if not, why not; if so, what are the relevant details;

(3) whether an assessment has been made of the additional revenue that SARS will receive from the tourism industry as a direct result of the 2010 Fifa World Cup Soccer tournament in the ten years following the tournament; if not, why not; if so, what are the relevant details?

NW691E

MR G R KRUMBOCK (DA)

SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS 576. THE MINISTER OF TOURISM ANSWERS:

(1) No. Many private sector studies have been conducted which we have considered and there was no further need for a departmental study.

(2) & (3) This question should be posed to the Ministry of Finance.

QUESTION NO 577

577. Mrs D Robinson (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether his department extended an invitation to the Minister/Department of Women, Children and Persons with Disabilities to participate in the meetings with regard to the regulations on implementing the Child Justice Act, Act 75 of 2008; if not, what is the position in this regard; if so, when;

(2) whether a response was received; if so, what are the relevant details;

(3) whether any representatives attended; if so, what are the relevant details?

NW693E

REPLY:-

My Department consulted with this Department when they were still a unit in The Presidency, however, there was a lapse in communication during the time when the Department was established. With regard to the drafting of the regulations on implementing the Child Justice Act, Act 75 of 2008, consultation with the Department of Women, Children and Persons was therefore not always as effective as it should have been.

This situation has since been corrected in that my Department has re-established contact with the Department of Women, Children and People with Disabilities and the Department of Women, Children and People with Disabilities which is now being engaged actively and will be participating in the Inter-Sectoral Committee on Child Justice to monitor the implementation of the Child Justice Act, Act 75 of 2008.

QUESTION NO. 578

DATE PUBLISHED: 5 March 2010

DATE SUBMITTED: 19 March 2010

578. Ms M Smuts (DA) to ask the President of the Republic:

(1) Whether (a) all or (b) some pardons granted in terms of (i) section 82(i)(k) of the Interim Constitution, Act 200 of 1993, and (ii) section 84(2)(j) of the Constitution of 1996 were gazetted; if so, (aa) who are the persons whose pardons have been gazetted since 1994 and (bb) what are the offences for which they were sentenced or imprisoned in each case; if not,

(2) Whether (a) all or (b) some pardons were recorded in writing and signed in terms of section 101(1) and (2) of the Constitution by (i) him or (ii) other Members of the Cabinet whose functions were affected; if so, (aa) who are the persons whose pardons have been so recorded, (bb) what were the relevant offences, (cc) which members of the Cabinet countersigned pardons granted since 1994;

(3) Whether the Criminal Record Centre of the SA Police Service keeps a record of the (a) Presidential Pardons and (b) of records that were expunged in terms of the Criminal Procedure Act before the expungement of a record is effected; if not, why not; if so, what are the relevant details?

NW694E

REPLY:

(1)(a) No pardons were gazetted as there are no requirements in law that the President should do so.

(b), (aa) and (bb) Not applicable.

(2)(a) and (b) Section 101(1) and (2) of the Constitution are applicable to executive decisions made by the President. A decision by the President in terms of section 84(2)(j) is not an executive decision, but a decision that is made by him as the Head of State. It is however practice that, in matters that are received by the Department of Justice and Constitutional Development and matters that were referred to the Department by the Presidency, the Department does all necessary investigation and obtain all relevant information for purposes of assisting the President to make a decision on whether or not to grant a pardon to an applicant.

(aa) and (bb) The Department never kept a database of pardons recorded. Thousands of files, of which many files have already been archived, will have to be worked through in order to obtain this information. The original President's Minutes for pardons granted are kept by the Presidency and serial numbers are given for each Presidential Act for a particular year. However, it is recommended that the names not be made public as the overwhelming majority of applications were based on the fact that the disclosure of their previous convictions was embarrassing and to the detriment of the applicants. To disclose the names of successful applicants now will be to re-open healed wounds and be in direct conflict with the original reason for pardon.

(cc) The Minister of Justice and Constitutional Development.

(3) According to the South African Police Service Criminal Record Centre (CRC), record of previous convictions that have been pardoned in terms of section 84(2)(j) of the Constitution of the Republic of South Africa, 1996, and expunged in terms of the Criminal Procedure Act, 1977, are kept. A copy of the pardon minute, expungement certificate, fingerprints, results of the trial and, in cases where the record was expunged, a copy of the letter send to the applicant confirming the expungement, is kept.

QUESTION NO.: 579

DATE OF QUESTION: 11 MARCH 2010

579. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether (a) a degree or a three-year diploma or (b) two years of experience at courts were advertised as criteria for the appointment to posts to run magistrates' offices in the Free State; if so,

(2) whether persons appointed at (a) Jacobsdal, (b) Petrusburg and (c) Phillipolis complied with the requirements; if not, why not; if so, what degrees, diplomas or court experience did they have?

NW695E

REPLY:-

1(a) (b) I have attached a copy of the advert for the posts to manage the Magistrates Courts in the Free State for the Honourable Member's information. As indicated in the advert, the criteria for the posts were:-

A Bachelors degree or a National Diploma as well as 2 years experience in Courts and the Department's Financial Management procedures.

2(a) (b) and (c) The officials appointed at Jacobsdal, Petrusburg and Phillipolis complied with the educational requirements for the posts. In addition, the successful candidates also have between 2 and 9 years experience in Administration, with one official also being a State Accountant.

PARLIAMENTARY QUESTION NO 580

580. Ms M Smuts (DA) to ask the Minister of Justice and Constitutional Development:

(1) With reference to his reply to question 2236 on 1 December 2009, what fees are payable to former district surgeons whose services were terminated, but whose testimony is required on the autopsies and other examinations they performed as part of their duties;

(2) whether such former district surgeons in the Free State are refusing to act as witnesses until they are guaranteed R200,00 for every 15 minutes at court; if so, what are the relevant details;

(3) whether this situation is resulting in the postponement of cases before court; if so, how many cases in (a) Kroonstad and (b) Free State?

NW696E

REPLY:- (1) Fees payable to District Surgeons are governed by the provisions of Chapter 23 and annexure D of the DFI (Departmental Financial Instructions). In instances where a District Surgeon is called to testify as an expert witness in court, his or her fees will be paid in accordance with the provisions of Chapter 23 and tariffs set out in Annexure D of the DFI.

(2) Having consulted with the Area Court Managers and the courts in the Region, in particularly the Regional Courts including the High Court, no instance was identified where District Surgeons refused to testify as witnesses. In addition, there is no recorded case in the Region where a District Surgeon had to be guaranteed an amount of R200,00 for every 15 minutes at court.

(3) There is no recorded case in the Region where a postponement was granted by a court as result of the situation referred to in the question.

QUESTION NO: 581

PUBLISHED IN INTERNAL QUESTION PAPER NO 06 OF 5 March 2010

Mrs D van der Walt (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

(1) Whether any Speakers and/or mayors of municipalities have accepted the invitation to attend a training course in Sweden; if not, why not; if so, (a) which municipalities will be represented, (b) what is the composition of each municipal delegation attending, (c) what is the reason for each member of the delegation attending and (d) what is the breakdown of cost in respect of (i) flights, (ii) accommodation, (iii) food and beverages, (iv) entertainment and (v) other specified expenses for each municipal delegate;

(2)whether any budgetary process was followed in order to gain approval for these expenditures at each municipality; if not, (a) why not, (b) which municipalities did not follow the correct procedures and (c) what are the implications of this; if so, what are the relevant details;

(3)what is the financial status of each of these municipalities;

(4)whether there are any backlogs on basic service delivery at any of these municipalities; if not, what is the position in this regard; if so, what are the relevant details in each case? NW697E

Reply

The information requested is not available within the Ministry and the Department of Cooperative Governance and Traditional Affairs. The municipalities concerned have been contacted and a full response to the question will be provided as soon as all information has been furnished by the said municipalities.

QUESTION 582 FOR WRITTEN REPLY:

INTERNAL QUESTION PAPER 6-2010: NATIONAL ASSEMBLY: MRS D VAN DER WALT (DA): APPOINTMENT OF RIM COUNCIL ACCORDING WITH SECTION 5 OF CULTURAL INSITUTIONS ACT

"582. Mrs D van der Walt (DA) to ask the Minister of Arts and Culture:

(1) whether members of the Robben Island Council were appointed in accordance with Section 5 of the Cultural Institutions Act, Act 119 of 1998, with regard to the principles of transparency and representivity and with a view to geographic representivity; if not, why not; if so, what are the relevant details;

(2) whether she will withdraw her appointment of certain member of Parliament (name furnished) as deputy chairperson in view of the provisions of section 7 of the Act; if not; why not; if so, what are the relevant details;

(3) with reference to her reply to question 113 on 12 June 2009, what are the relevant fields of expertise of each of the members appointed to the Council?

NW698E

REPLY:

(1) The newly appointed council for the Robben Island Museum was appointed in terms of section 5 of the Cultural Institutions Act, 1998, (No. 119 of 1998)

The criteria which were used to appoint the Council are the same as the normal criteria for the appointment of councils. These are:

ú Council must consist of at least seven members

ú At least one member of the council must have financial expertise

§ Other criteria:

ú Broad understanding of heritage

ú Broad managerial and financial expertise

ú Legal knowledge

ú Knowledge of marketing and liaison

ú Fund-raising

ú Education

ú Cultural/social research

(2) No. The Cultural Institutions Act does not prescribe that Members of Parliament should not be nominated as council members. Furthermore, the Deputy Chairperson's experience as one of the co-directors at Robben Island Museum will be vital in the management of the Museum.

(3) The fields of expertise of the newly appointed members of the Robben Island Museum Council are explained hereunder:

Ms. T Modise

Ms Modise is the Deputy Secretary General of the African National Congress and she is also the former speaker of the North West Legislature. She is also the former Deputy President of the African National Congress Women's League. She has a B.Com Degree and a Special Leadership Course from the University of Jordan, USA. She is also the former member of the Robben Island Museum Council. The Minister appointed Ms. Modise as the Chairperson of the Council.

Mr B Martins

Mr Martins was once appointed as co-director of the RIM. The Panel noted that Mr Martins is familiar with the challenges that the museum is faced with. Mr Martins is a Member of Parliament. The Panel recommended that Mr Martins be appointed to be the Deputy Chairperson of the council.

Ms L Callinicos

Ms Callinicos is an eminent historian with broad and comprehensive heritage knowledge who would contribute to ensuring that the historically layered heritage of RIM is represented and that preservation of the complete RIM story is ensured. Ms Callinicos has contributed immensely in conceptualizing the post 1994 legacy projects.

Mr L Mpahlwa

Mr Mphahlwa is a well known conservation architect who will assist the conservation architecture at RIM. The RIM Built Environment needs to be given serious attention. He completed his National Architectural Diploma in 1986 while serving a five year term in Robben Island Prison, before going on to complete a Masters Degree in Architecture at the Technical University of Berlin in 1997.

Ms R. Abdullah

Ms Rashida Abullah is a councilor at the City of Cape Town, her experience in the management of the Cape Town Municipality would add value to the management of Robben Island. She was also a member of Human Resources Portfolio Committee which would assist Robben Island in dealing with its Human Resources issues. She is a human rights and gender activist and a respected community member with experience in rural development and a liberation struggle veteran.

Dr Rev. M S Mogoba

Dr Mogoba spent 4 years in Robben Island Prison and was its first Librarian. He has conducted various leadership courses at the Island under the theme of "Short Walk to Freedom". He is the former president of the Pan Africanist Congress (PAC). Dr Mogoba is also a former Member of Parliament.

Mr O B Nqubelani

Mr Nqubelani is an Ex political prisoner, and was one of the first mayors appointed in 1994. The Panel noted that RIM needs people who are experienced in governance and in management. He was recommended by based on his experience in governance and strategic leadership qualities.

Dr N Motete

Dr Motete is a Deputy Director-General for Heritage, Greening Mpumalanga and Tourism at the Office of the Premier, Mpumalanga Provincial Government. She brings senior level managerial experience, heritage, tourism and environmental expertise.

Mr M Dada

Mr Dada is a chartered accountant by profession and has both managerial and financial experience especially within the public service. He brings both financial management and governance expertise. Mr Dada is a member of the South African Institute of Chartered Accountants.

Ms M O Morata

Ms Morata is a corporate attorney. Her focus is on law of contracts. The Panel acknowledged that RIM has complex legal contractual obligations and therefore needs extensive legal guidance.

Mr M S Gwavu

Mr Gwavu has experience in human resource management and in the built environment. His appointment may help RIM in conserving and preserving the Built Environment of the site which is very critical to its existence. The Panel acknowledged the importance of capital works projects and noted the importance of an agreement between DPW and RIM. Mr Gwavu could also assist in the human resource area in RIM.

Mr M M Gasela

Mr Gasela is a Chief Financial Officer at the Office of the Premier in the Northern Cape Province. He is a member of the South African Institute of Internal Auditors. He was recommended due to his financial (auditing) expertise especially in the public service.

Ms G M Masuku

Ms Masuku is a widely recognized Indigenous Knowledge (IKS) expert, environmentalist, organic intellectual and community worker. She has extensive knowledge on IKS related matters. Her experience as Chief Liaison Officer charged with arts and culture will benefit the RIM with both its cultural and biodiversity matters as well as stakeholder management.

Mr P Nefolovhodwe

Mr Nefolovhodwe was recommended due to his very competent and strategic leadership abilities, governance and financial experiecne. Mr Nefolovhodwe is a former member of the Parliament and trade unionist. He was recommended for his strategic leadership and experience in governance.

QUESTION NO. 583

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 05 March 2010

(INTERNAL QUESTION PAPER NO. 6)

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

(1) Whether any forensic chemistry laboratories have experienced any problems with the failure of police stations to collect reports of samples analysed; if so, (a) which police stations have been identified as being problematic in this regard and (b) what steps have been taken to improve the situation;

(2) whether any samples sent to the forensic chemistry laboratories by the SA Police Services since 1 January 2008 have been rejected because set criteria were not adhered to; if so, (a) how many samples from which police stations, (b) what were the main noncompliance issues and (c) what steps have been taken to work with the forensic chemistry laboratories to improve the process of submitting samples?

NW699E

REPLY:

(1) (a) Problems of police not collecting reports of analysed samples was previously an issue but this was addressed in late 2008 and currently this is no longer problematic.

(b) Reports that are not fetched are reported to Provincial Commissioners and/or detective services. This has substantially alleviated the problem.

(2) (a) Forensic Chemistry Laboratory

· 532 for Pretoria;

· 608 for Johannesburg; and

· 250 for Cape Town

At the end of 2008 a decision was made to accept all samples except those that are not meant for these labs or where they are not "analysable" (See part (b) of this answer). Samples that are received in a format that is questionable or where containers are open or damaged are analysed but reported as such on the report.

(b) Samples were mostly unsealed or incorrectly sealed in such a way that samples could be removed or tampered with. To a lesser extent samples were packaged or sampled incorrectly, for example blood for alcohol analyses packaged in DNA sampling kits that do not contain fluid blood preserved with sodium fluoride and not containing the anti-coagulant potassium oxalate. In such cases analysis for blood alcohol is not possible.

(c) Information booklets are distributed to the SAPS and Forensic mortuaries by the Forensic Chemistry Laboratories. The SAPS also drafted a circular that was distributed to the Provinces. A protocol is in the process of being finalized in the form of a memorandum of understanding amongst all stakeholders.

QUESTION NO. 585

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 05 March 2010

(INTERNAL QUESTION PAPER NO. 6)

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

(a) What progress has been made with introducing changes to the tender requirements for the procurement of antiretrovirals, (b) what changes to the requirements are envisaged and (c) when will these changes be completed?

NW701E

REPLY:

(a) The current tender process has been reviewed including the Special Conditions of Contract for ARVs. These conditions must be considered and approved by the Bid Specification Committee.

(b) The tender would include international price comparisons and price negotiations.

(c) At the time when the tender is advertised.

QUESTION 586

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 5/3/2010

(INTERNAL QUESTION PAPER: 6-2010)

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

(1) (a) Which schools in each province have vacant principal's posts and (b) since what date has each of these posts been vacant;

(2) whether each of these schools has an acting principal in place; if not, why not; if so, when was every acting principal appointed;

(3) what is the average length of time in each province that principals' posts have remain (a) unfilled and (b) unfilled by a permanent appointment? NW702E

REPLY

EASTERN CAPE DEPARTMENT OF EDUCATION


The vacancies should be considered in the light of the following contextual factors:

1.1 The ECDoE- has for the past two to three years has not been advertising school principal posts in schools with less than 100 learners as it seeks to embark on rationalisation of schools that are very small.

1.2 Some of the vacancies are in schools with less than 100 learners which are therefore not being advertised hence the lengthy vacancy periods.

1.4 Whereas some of the vacant posts have been advertised it does occur that filling is delayed due to disputes.

1.5 The last major principal bulletin was issued in April 2009 and the one intended to be released towards the end of 2009 was delayed due to technical labour related issues.

1.6 The Department's policy for school based educator posts allows for the appointment of acting principals in terms of the relevant ELRC Collective Agreements. Hence between April 2009 and December 2009, 404 acting principals were appointed. Acting appointments are renewed or extended as the need arises.

1.7 The acting appointment information is based on what has been received and what has been implemented on PERSAL: cases which are still being processed at school/ circuit and district level are not reflected as there are no records thereof at this point in time

QUESTION 587

DATE OF PUBLICATON OF THE INTERNAL QUESTION PAPER

(INTERNAL QUESTION PAPER: 6-2010)

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

(1) Whether any vacancy lists have been published in each specified province in each of the three most specified years for which information is available; if so, on what date was each of these lists published;

(2) whether any province is intending to publish vacancy lists in 2010; if not, why not; if so, when? NW703E

REPLY

(1) Vacancy lists have been published by the following provinces on the dates indicated below.

EASTERN CAPE

Year

Volume

Number of Posts

Description of Vacancy List

2007

01 June 2007

Volume 1/2007

166

Principal posts at public schools and Education Therapist posts at special schools

27 July 2007

Volume 2/2007

99

Educator posts at public FET Colleges

30 November 2007

Volume 3/2007

165

Principal posts

2008

07 March 2008

Volume 2/2008

114

Mathematics and science post Level 1 Educator posts

18 April 2008

Volume 3/2008

932

Mathematics and mathematical Literacy Post level 1 Educator posts

11 June 2008

Volume 4/2008

194

Principal posts

09 July 2008

Volume 5/2008

282

Post level 1 Educator posts

06 October 2008

Volume 6/2008

248

FET College Lecturer posts

06 October 2008

Volume 7/2008

87

Principal posts

21 October 2008

Volume 8/2008

1685

HOD & Deputy Principal posts

13 November 2008

Volume 7/2008 Addendum

99

Principal posts

13 November 2008

Volume 9/2008

319

HOD & Deputy Principal posts

2009

28 January 2009

Volume 1/2009

462

Post level 1 Educator posts

31 March 2009

Volume 1/2009 Addendum

453

Post level 1 Educator posts

22 June 2009

Volume 1/2009 Errata

52

Post level 1 Educator posts

23 April 2009

Volume 2/2009

240

Principal posts

22 June 2009

Volume 3/2009

835

HOD & Deputy principal

18 August 2009

Volume 4/2009

6

Principal, Post level 1 and Occupational Therapist posts

NORTH WEST

Year of publication

Number of publication

Date of publication

Date of assumption of duty

2009

Open Vacancy List No 1 of 2009 [Educator posts Post level 1]

February 2009

1 April 2009 [Extended to 1 July 2009]

Open Vacancy List No 2of 2009

[Promotional posts]

February 2009

1 April 2009 [Extended to 1 July 2009]

Addendum Open Vacancy List No 3 of 2009

March 2009

Withdrawn

Addendum Open Vacancy List No 4 of 2009

March 2009

Withdrawn

Open Vacancy List No 5 of 2009

[Educator posts Post level 1]

March 2009

1 April 2009 [Extended to 1 July 2009]

Open Vacancy List No 6 of 2009

[Promotional posts]

March 2009

1 April 2009 [Extended to 1 July 2009]

Open Vacancy List No 7 of 2009 [Only Principal posts]

August 2009

1 October 2009

Open Vacancy List No 8 of 2009

[Educator posts Post level 1]

October 2009

1 January 2010

Open Vacancy List No 9 of 2009

[Promotional posts]

October 2009

1 January 2010

2008

Open Vacancy List No 1 of 2008

[Only Principal posts]

July 2008

1 September 2008

2007

Open Vacancy List No 1 of 2007

[Only Principal posts]

June 2007

1 July 2007

WESTERN CAPE

The Western Cape Education Department published 2 vacancy lists per year:

Year

Date of Publication

2007

22 February 2007 and 31 May 2007

2008

8 February 2008 and 6 August 2008

2009

9 February 2009 and 6 August 2009

Information with regard to Free State, Gauteng, Kwa-Zulu Natal, Limpopo, Mpumalanga, and Northern Cape not available at the time of responding to this question. The information has however been requested.

(2) The following provinces intend publishing vacancy lists in 2010 as stipulated below.

EASTERN CAPE

The Eastern Cape Education Department is issuing final post establishments to schools on 12 March 2010 and is planning to publish its first vacancy list by 14 May 2010. It is also planned to issue vacancy lists on a quarterly basis thereafter.

NORTH WEST

The following Open Vacancy Lists will be published in 2010:

Date of publishing

Post Description

Date of assumption of duty

April 2010

Open Vacancy List Promotional Posts

1st July 2010

July 2010

Open Vacancy List Educator Posts [Post level 1]

1st January 2011

July 2010

Open Vacancy List Promotional Posts

1st January 2011

WESTERN CAPE

The Western Cape Education Department will be issuing 5 vacancy lists in 2010.

Dates as follows:

Vacancy List

Description of posts

Date

Vacancy List 1/2010

Principals posts

9 February 2010

Vacancy List 2/2010

Deputy Principal and Departmental Head posts

12 April 2010

Vacancy List 3/2010

Post Level 1 posts

13 July 2010

Vacancy List 4/2010

All Promotion posts

3 August 2010

Vacancy List 5/2010

Post Level 1 posts

3 August 2010

Information with regard to Free State, Gauteng, Kwa-Zulu Natal, Limpopo, Mpumalanga, and Northern Cape not available at the time of responding to this question. The information has however been requested.

Question no: 588

Mr GR Morgan (DA) to ask the Minister of Correctional Services:

(1) With reference to the escape of awaiting-trial prisoners from Westville prison on 21 February 2010, (a) which official as the prison ordered the electric fence to be turned off, (b) on what date was it turned off, (c) how many prisoners broke out of the prison on the day and (d) how many were subsequently apprehended;

(2) Whether the electric fence at Westville prison has been switched on; if not why not; if so what are relevant details;

(3) Whether an investigation has been launched into the circumstances surrounding the breakout; if not, why not; if so, what are the relevant details?

NW704E

REPLY

(1) (a) No official ordered the electric fence to be switched off.

(c) 9 inmates escaped

(d) 3 inmates were re-arrested:

- 1 was re-arrested on the scene

- 1 was re-arrested in the township

- 1 was killed during the arrest

- 6 are still at large

(2) The electric fencing is non-existent at Durban Westville Correctional Centre

Yes. Regional Commissioner of KwaZuluNatal launched an investigation. I then further instructed that a high level multi-agency Task Team be put together to investigate the matter.

QUESTION NO. 589 (NW705E) INTERNAL QUESTION PAPER NO 6

DATE OF PUBLICATION: 05 March 2010

Mr. GR Morgan (DA) to ask the Minister of Water and Environmental Affairs:

(1) (a) When was the adjudication process of bidders for the building of the proposed four-star hotel

(b) When was the tender granted to the winning bidder and the winning bidder was informed

(c) What are the names of all the entities who submitted bids?

(2) (a) what is the name of the winning consortium,

(b) what are the names of all the entities that form part of the consortium and (c) what percentage of the consortium do they hold in each case;

(3) What are the (a) names and (b) designations of all the people who sat on the committee during the adjudication process;

(4) Whether any of the individuals on the adjudication panel declared an interest in (a) any of the bidders or (b) any component of any of the bidders; if so, what are the relevant details;

(5) Whether all the regulations that governs the awarding of tenders by the SA National Parks (SANParks) were followed; if not, why not; if so, what are the relevant details?

Mr. GR Morgan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) 25 November 2009

(b) Telephonically in December 2009 and received written communication from the SANParks CEO in January 2010

(c) The following entities show interests but didn't submit their bids

· Archi –M Consortium

· Elephant Lake Hotel

· Grinaker Lta

· Guje Trading

· Guma Group

· Lidwala Consulting

· Mamepe Group

· Thulethu Trading

The following entities submitted their bids:

· Secprop Leisure Consortium,

· Malelane Hotel & Resort t/a Enticron

· Buffalo Nare Consortium

(2) (a) Secprop Leisure Consortium,

(b) and (c)

· Radisson Blu Malelane (Pty) Ltd (to be formed) – as it is a Special Purpose Vehicle (SPV) to be formed after a contract is awarded – 20%;

· Simgo's Property Holdings (Pty) Ltd – 20%

· Cradle Resorts & Hotels (Pty) Ltd - 20%

· PL Wrights – 20%

· A Community Trust – 20%

In addition to above, a management agreement with Radisson Blu will be concluded for the project term.

(3) the (a) and (b)

· Giju Varghese - Head Business Development Unit

· Lucy Nhlapo – Head of Tourism Kruger National Park

· James Daniels – Project Manager Business Development Unit

· Blake Schraader – Head Technical Services Kruger National Park

· Antionet van Wyk – General Manager Special Infrastructure Projects

· Edgar Neluvhalani – General Manager People and Conservation

· Chris Patton - Project Manager Business Development Unit

· Dirk Fourie – General Manager Finance

· Justin Daniels – Senior Manager Finance

· Annetjie Drent – Senior Manager Finance

· Annemi van Jaarsveld – General Manager Business Development Unit

· Ibraheem Dockrat – Credit Controller PPP Projects

(4) (a) and (b)

Panel members did not have any interests to declare .No interest was declared

(5) Yes, the standard public transparent tender process was followed in line with SANParks Tender Policy as well as the National Treasury Tourism Toolkit and Regulation 16 of the PFMA that governs Private Public Partnerships.

QUESTION NUMBER 590

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 05 March 2010

(INTERNAL QUESTION PAPER NUMBER 04)

590. Mr G R Morgan (DA) to ask the Minister of Mineral Resources:

(1) Whether she intends enacting the Mineral and Petroleum Resources Development (MPRDA) Amendment Act, Act 49 of 2008; if not, why not; if so, when;

· Several concerns were raised by Mining sector stakeholders and Government Departments which are related to the implementation of the MPRDA Amendment Act 49 of 2008. The DMR then deemed it prudent to first consult and further endeavor to address the concens raised by stakeholders before the Amendment Act take effect.

(2) whether, considering that the process resulting in the transfer of authorisations of mines to the Minister of Water and Environmental Affairs depends upon the MPRDA being enacted, she has discussed this matter with the Minister of Water and Environmental Affairs; if not, why not; if so, what are the relevant details?

· The execution of the agreement is effective only after 18 months of the implementation of the last Bill to be signed. Therefore, the status quo (regulation of the environmental issues for mining and related activities in terms of the MPRDA) prevails until such time both NEMA and MPRD Amendment Act have been implemented and the administrative gaps brought about by this have been addressed.

· In order to ensure smooth and effective implementation of agreement officials of the DMR and DWEA jointly formed a steering committee to drive and facilitate the execution of the implementation plan of the agreement. There have been several meetings to this effect, and a dynamic implementation plan is being developed.

QUESTION NUMBER: 591

DATE FOR PUBLICATION: 5 MARCH 2010

DATE REPLY SUBMITTED: 11 MARCH 2010

MR I O DAVIDSON (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING END EVALUATION AS WELL AS ADMINISTRATION:

(1) Whether performance contracts for Ministers have been completed; if not, what is the position in this regard; if so,

(2) Whether these performance contracts are to be made public; if not, why not; if so, what are the relevant details;

(3) Whether there will be any consequences for Ministers who fail to comply with their performance contracts; if not, why not; if so, what are the relevant details?

NW707E

REPLY:

(1) The system we have adopted is that we started with the development of the position paper which we published for inputs in September last year. After the position paper we started developing the 12 outcomes which were published in February this year. As President Jacob Zuma said in the state of the Nation Address, Ministers have now received detailed letters with the outcomes and targets to develop detailed and well consulted delivery agreements. The ministers are in the process of developing the delivery agreements which will be the basis for the performance agreements by ministers. This process is expected to be finalised in the first half of this year.

(2) The delivery and performance agreements are agreements between the President and his ministers; if they have to be made public it will be for the President to decide.

(3) The performance contracts are between the President and his ministers, the department will monitor and evaluate the work of departments and take remedial action where necessary to ensure that departments meet their targets. The department will then provide reports to the President on how departments are performing and where there are problems highlight them for him to discuss with his ministers. The ministers are appointed and supervised by the President, if there were to be any consequences it will be the President prerogative.

2 & 3 The Honourable member is referred to the reply to written Question number 17

QUESTION NUMBER: 592

DATE FOR PUBLICATION: 5 MARCH 2010

DATE REPLY SUBMITTED: 7 APRIL 2010

MR I O DAVIDSON (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION:

(1) (a) where are President Zuma's wives and children accommodated when in (i) Pretoria and (ii) Cape Town and (b) what has been the cost of (i) accommodation, (ii) travel, (iii) food and (iv) other household expenses for each presidential residence since 1 May 2009;

(2) Whether each wife and child have (a) VIP protection, (b) state vehicles and (c) government credit cards; if so, what is the (i)(aa) make and model, (bb) purchase price and (cc) purchase date of each vehicle and (ii) what is the (aa) reason for being issued with a credit card, (bb) limit of each card for each person and (cc) statement balance for each credit card of each person since being issued;

(3) Whether each of the President's wives has an (a) office and (b) administrative support structure; if not, why not; if so, (i) what is the (aa) operational cost and (bb) staff compliment for each of these offices and (ii) what are these offices used for?

NW708E

REPLY:

1. a) The President's wives and minor children stay at the President's official residences when visiting Cape Town and Pretoria .

b) The actual costs of each of the official residences for the 2009/10 financial year are not as yet available as the financial year has only recently ended and reconciliations still have to be performed.

QUESTION 593

DATE OF PUBLICATION: Friday, 5 March 2010

INTERNAL QUESTION PAPER NO 6 of 2010 Mrs J F Terblanche (DA) to ask the Minister of Home Affairs:

Whether any office of her Department had their electricity cut owing to non-payment or late payment of accounts (a) in (i) 2008 and (ii) 2009 and (b) during 1 January 2010 up to the latest specified date for which information is available; if so, (i) which offices, (ii) on what dates and (iii) what (aa) was the duration of the electricity cut, (bb) was the amount owing in each case, (cc) action has been taken to improve the situation and (dd) is the estimated loss in revenue for her Department owing to the cut in electricity?

NW709E

REPLY

Abbreviation: DPW: Department of Public Works

Yes. The information is specified in the table below:

(a)(i) & (ii) & (b)

Year

(b)(i)

Offices

(b)(ii)

On what date

(aa)

Duration

(bb)

Amount owed

(dd)

Estimated loss of income

2008

Brakpan District Office

21 July

4 days

Amount owed not known as DPW is responsible for payment

R35,000.00

2009

Elim District Office

20 October

4 days

Amount owed not known as DPW is responsible for payment

R30,000.00

2010

Eldorado Thusong Centre

8 February

19 days

Amount owed not known as DPW is responsible for payment

R1,000.00

(dd) The electricity was cut in the above-mentioned cases due to the late payment of the electricity accounts of the offices mentioned by DPW, who is the Department responsible for the payment of such accounts. A meeting was held with the said Department to avoid future occurrences.

QUESTION 595

DATE OF PUBLICATION: Friday, 5 March 2010

INTERNAL QUESTION PAPER NO 6 of 2010

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

Whether there are any backlogs in the processing of applications for permanent residency for each of the months from 1 June 2009 to 28 February 2010; if not, what is the position in this regard; if so, (a) what was the extent of the backlogs in each case and (b) how many applications were received from foreign spouses of South African citizens?

NW711E

REPLY

(a) Yes. There is a backlog of applications for permanent residence for the period
1 October 2009 to 28 February 2010, only.

(a)(i) The backlog comprises 1 743 applications.

(a)(ii) A total of 696 of such applications have been received.

Parliamentary Question NO. 596

Mr A M Figlan (DA) to ask the Minister of Human Settlements:


(1) With reference to 923 government officials being implicated in an investigation by the Special Investigating Unit (SIU) of the former Department of Housing.

(a) how many of the implicated officials

(i) have appeared in court,

(ii) have cases awaiting adjudication and

(iii) have had their contracts of employment terminated and

(b) how many cases have been finalised?

Response

a) All 923 government officials being implicated in an investigation by the Special Investing Unit,

(i) have appeared in court;

(ii) there is currently no official from the 923 government officials who have had their contracts of employment terminated as a result of housing fraud. The process of disciplinary action against those who have been found guilty is in progress both at National and Provincial level. The process is co-ordinated by National Department of Public Service Administration and Provincial Premiers' offices.

b) All 923 cases against government officials have been fjnalised in court.

QUESTION NO. 597

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 05 March 2010

(INTERNAL QUESTION PAPER NO. 6)

Mrs S P Kopane (DA) to ask the Minister of Health:

(1) For each of the five most recent specified years for which information is available, (a) how many (i) certificates qualifying for benefit payments were received by the Commissioner for Occupational Injuries and Diseases and (ii) of these were processed and (b) how long did it take on average to process a claim;

(2) whether his department identified problems with delayed payments; if not, what is the position in this regard; if so, what action has been taken to address these problems;

(3) whether the position of the compensation commissioner has been advertised; if not, what is the position in this regard; if so, (a) when, (b) how many applications were received and (c) what decision was made about making an appointment?

NW713E

REPLY:

(1) (a) (i) The Compensation Commissioner received the following number of certificates qualifying for claim:

Year

Number of Certificates

2005

5580

2006

5325

2007

3550

2008

11502

2009

9747

(ii) The following number of claims were processed:

Year

Number of Certificates

2005

570

2006

378

2007

1267

2008

1648

2009

1628

(b) It takes on average approximately three to four months to process a claim.

(2) The main challenge of the Commissioner's office is the means of communication with persons who have been certified to be suffering from occupational disease. Since the only means of communication with these persons is the address that has been provided when they are examined, in most cases at their place of employment, it becomes a challenge to communicate with them once separated with their employers.

The other challenge is the literacy levels of mineworkers. Application forms are returned incomplete and this results in delays to finalise claims.

The Department has however in partnership with the National Institute of Occupational Health and the National Union of Mineworkers embarked on awareness campaigns to educate the mineworkers through their employee representatives regarding their rights to benefits in terms of the Occupational Diseases in Mines and Works Act, 78 of 1973.

The Department has also in the recent past vigorously capacitated provincial departments of health by means of workshops and donated equipments such X-ray machines to facilitate benefit medical examinations. However, the Department acknowledges that much more needs to be done to create awareness especially to active and ex-mineworkers regarding occupational diseases and compensation.

(3) The position of the Compensation Commissioner was upgraded from Deputy Director to Director level in 2008.

(a) Yes, the post of the Compensation Commissioner was advertised on the 18 January 2009;

(b) twenty-four (24) applications were received;

(c) Four (4) candidates were short-listed and the interviews were conducted on 26 May 2009. One suitable candidate was selected and recommendations were made to the Minister, however the successful candidate subsequently declined the offer. Interim measures have been put in place, in which:

· the chairperson of the Audit Committee will extend her role of oversight to the CCOD on management and Corporate Governance issues;

· a head-hunted Senior Manager will be employed on a 1 year contract as the Acting Commissioner effective from the 1 April 2010;

· the Financial Manager from the NDOH will be seconded to the CCOD with effect from 01 April 2010 at Deputy Director level on a six-month contract, renewable; and

· the post won't be advertised until further notice.

QUESTION 598

FOR WRITTEN REPLY

Date of publication on internal question paper: 5 March 2010

Internal question paper no: 6

Mrs S P Kopane (DA) to ask the Minister of Social Development:

(1) Whether a disciplinary hearing into the chief executive officer of the SA Social Security Agency (SASSA) (name furnished) has been concluded; if not, why not; if so, what was the outcome;

(2) whether the report by the Public Protector regarding alleged irregular transactions involving the said person will be made available to the public; if not, why not; if so, what are the relevant details? NW714E

REPLY:

Honourable Member,

(1) The disciplinary hearing of the CEO of SASSA has not been concluded yet, but is at a very advanced stage. Accordingly, we are not able to disclose any further details in this regard.

(2) We are not aware of any report from the Public Protector on this matter.

QUESTION NO. 599

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 05 March 2010

(INTERNAL QUESTION PAPER NO. 6)

Mrs S P Kopane (DA) to ask the Minister of Health:

Whether, with reference to his reply to question 43 on 11 February 2010, the Gauteng province has any vacancies for each specific health profession; if not, what is the position in this regard; if so, what are the relevant details?

NW715E

REPLY:

Yes, according to the Gauteng Provincial Department of Health, the following table reflects the details in this regard, as at June 2010.

OCCUPATIONAL GROUP

NO OF POSTS

NO FILLED

VACANT POSTS

Doctors

2 876

1 983

890

Nurses

9 037

7 828

1 209

Specialist

1 071

810

239

Physiotherapy

257

181

76

Dental Practitioner

73

57

16

QUESTION NUMBER 600

DATE OF PUBLICATION: 5 MARCH 2010

Dr P J Rabie (DA) to ask the Minister of Finance:

Whether he intends introducing compulsory saving for tax payers in the forthcoming year; if not, why not; if so, what are the relevant details?

NW716E

REPLY

No such announcement was made during the Budget on 17 February 2010.

The Social Security Reform process will look into matters such as this and announcements will be made when and if appropriate.