Questions & Replies No 651 to 675

2010-04-08

Search this file by selecting Ctrl + F on your keyboard

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

QUESTION NO.: 651

DATE OF PUBLICATION: 15 March 2010

651. Mr L W Greyling (ID) to ask the Minister of Public Enterprises:

(1)Whether a certain company (name furnished) receives electricity at a reduced tariff structure; if not, what is the position in this regard; if so, what are the relevant details;

(2)Whether the tariff structure is part of the mega-flex rate; if so, what are the relevant details; if not,

(3)Whether it is based on an earlier agreement with Eskom in terms of which electricity is supplied at a reduced fixed rate; if not, what is the position in this regard; if so, what are the relevant details;

(4)(a) How much electricity does the said company utilise, (b) what percentage of the total domestic energy usage does this comprise and (c) by what percentage will the said company's electricity bill increase as a result of the latest price increase announced by the National Energy Regulator of South Africa? NW777E

REPLY

(1) The company referred to is classified as a key customer by Eskom. Four of its plants are supplied directly by Eskom and the tariff charged is based on the standard retail tariff structure called Megaflex, the details of which are attached as Annexure A.

(2) Yes. The company referred to is supplied at the Eskom Megaflex tariff rate (see Annexure A). The Megaflex rates applicable to each plant are based on the individual transmission zone and voltage level which determine the final tariff.

(3)Not applicable, the customer is not on a special tariff.

(4)(a) Details of the total consumption of the customer are confidential and if disclosed publicly would be prejudicial to Eskom.

(b) Details of the percentage energy consumption of the customer against the total domestic energy consumption are confidential and if disclosed publicly would be prejudicial to Eskom.

(c) All customers on the Megaflex tariff rates will be subjected to the average increase as determined by the National Energy Regulator of South Africa (NERSA). The revised tariff approved by NERSA is attached as Annexure A.

QUESTION NUMBER 652

DATE OF PUBLICATION: 12 MARCH 2010

Mr L W Greyling (ID) to ask the Minister of Finance:

Whether a certain company (details furnished) is registered as a bank or a financial services provider given the financial services that they offer in regard to their smart card; if not, why not; if so, what are the relevant details ?

NW778E

REPLY

The relevant regulators (Financial Services Board and the Banking Supervision Department in the SA Reserve Bank) have indicated to National Treasury that Cash Paymaster Services (Proprietary) Limited is neither registered as a financial services provider in terms of the Financial Advisory and Intermediary Services Act nor as a bank in terms of the Banks Act. The respective regulatory agencies have not made a formal determination on whether the company has an obligation to register in terms of the applicable legislation. Such a determination would need to be made by the regulatory agencies on their own, independently of Government as per the provisions of the applicable legislation which stipulates that these agencies should perform their duties without favour or prejudice. Where there is a complaint against any company or service provider in terms financial services, such complaints should be lodged with the Financial Services Board (FSB) or Bank Supervision Department directly, as the case may be, for further investigation.

Question 653

Mr H Hoosen, MP (ID) to ask the Minister of Human Settlements:

I .(a) What are the criteria to assist persons earning salaries that are too high to qualify for government housing subsidies as announced by the President in his state of the nation address and (b) how do persons apply for this initiative?

2. whether policy is in place in this regard; if not, when will it be in place; if so, (a) when may persons submit applications for such assistance and (b) what are the further relevant details?

REPLY

1 .(a) Currently the criteria to qualify for assistance under this Programme are, inter aha, the following:

Households earning a monthly income of between R3 501,00 and R7 000,00 are eligible for housing assistance from Government, available under the National Housing Programme: Finance Linked Individual Subsidies.

Apart from income, other qualifying criteria broadly refer to marital status, never having owned property, South African citizenship, etc.

1 .(b) The prospective beneficiary must submit the application for the government subsidy to an accredited lender when his/ her application for a mortgage loan is submitted.

2. Yes, the Programme is already in place.

(a) Persons can already apply for the benefit available under the Programme.

(b) The subsidy amounts available under the programme are indicated in the attached table.

Please see Attached Table here

QUESTION NO 654

Mr M H Hoosen (ID) to ask the Minister of Basic Education:

(1) Whether all schools have physical education teachers; if not, why not; if so, what is the total number of such teachers employed by her department;

(2) whether any vacancies for physical education teachers exist in her department; if so, how many;

(3) whether her department intends filling these vacancies; if not, why not; if so, what are the relevant details? NW780E

REPLY

(1)

According to the curriculum (C2005), related subjects were grouped together into Learning Areas of which Life Orientation is one of them. Life Orientation composes of subjects dealing with health and environmental issues. Physical Education forms part of Life Orientation subjects. Since Life Orientation is compulsory and is taught in every grade across all phases of the schooling system, provision has been made through the Post Provisioning Model to allocate such posts equitably.

(2)

My department is not aware of any such vacancies.

(3)

The Department of Basic Education has developed an Educator Human Resource Planning Frame Work which details how to deal with supply and demand of educators throughout the system across the curriculum spectrum. The intention is to make sure that any vacancy that might exist is filled as speedily as possible.

QUESTION 655

FOR WRITTEN REPLY

Date of publication on internal question paper: 15 March 2010

Internal question paper no:7

Mrs P de Lille (ID) to ask the Minister of Social Development:

(1) What mark up does (a) Cash Paymaster Services (Pty) Ltd put on their service for administrating the payment of social grants;

(2) whether the SA Social Security Agency is currently negotiating an extension of these contracts; if not, why not; if so,

(3) whether the specified mark up will be reduced; if not, why not;

(4) whether a tender for contracts will be put out; if not, why not; if so, what are the relevant details? NW781E

REPLY

(1) The South African Social Security Agency (the Agency) is not privy to the exact margins charged by CPS since such information is not made available for public consumption by CPS. Information gleaned from the Net1 audited consolidated financial statements for the twelve months ended 30 June 2009 reflects an operating profit margin of 38% for the group. The price charged by CPS is the result of prices tendered some years ago in tenders issued by the provincial governments, adjusted by CPI over time. The normal practice is for suppliers or bidders to offer the selling price as against their cost price when bidding for services to be rendered.

(2) The Agency is currently engaged in negotiations for the renewal of the current contracts to allow it to finalise the new payment model which will form the basis for the specification of the new tender.

(3) The current negotiations are aimed at reducing costs per transaction for administering the payment of social grants; this may in turn reduce the profit margin of cash contractors. The discussions are ongoing and the extent of the reduction can only be determined post discussions. Our objective is however to reduce the costs.

(4) The Agency will advertise the new tender during the course of this year and it is anticipated the award thereof will be concluded before the end of the new financial year.

QUESTION NO. 656

DATE PUBLISHED: 15 March 2010

DATE SUBMITTED: 29 March 2010

656. The Leader of the Opposition (DA) to ask the President of the Republic:

(1) (a)(i) Which members of Cabinet were part of the delegation during his recent State visit to the United Kingdom and (ii) what were their specific interests with regard to the visit and (b)(i) which members (aa) of the public service or (bb) outside of Cabinet were part of the delegation and (ii) what were their specific (aa) interests and (bb) responsibilities with regard to the visit;

(2) (a) what criteria were used to select each of the (i) Cabinet members, (ii) members of the public service or (iii) members of the delegation outside of Cabinet who formed part of the delegation and (b) who was responsible for deciding on the specified criteria;

(3) (a) what was the total cost of the visit and (b) what is the exact cost breakdown for each individual who took part in the trip, including the President, in respect of (i) travel, (ii) accommodation, (iii) security, (iv) entertainment and (v) other specified expenditure? NW782E

REPLY:

1) Minister of International Relations and Cooperation

Minister Nkoana-Mashabane's presence was key as the Minister charged with International Relations with the United Kingdom being a Strategic Partner of South Africa.

Minister of Defence

Minister Sisulu's presence was necessary to help secure UK funding for the British Military Advisory and Training Team (BMATT), and to sign a MoU on the extension of the peace support team.

Brief report on the programme:

· Minister met with her UK counterpart;

· Management of Veteran programmes was discussed;

· The matter of training exchanges received attention;

· The British Peace Support Team will continue to operate for a further six months after the signature of a letter to this effect.

Minister of Finance

It was critical to have Minister Gordhan supporting the President, given the importance of co-operation in the G20, and addressing the global financial crisis as key objectives of the visit.

Brief report on the programme:

· Met the UK Chancellor of the Exchequer and provided briefings on South Africa's current situation, also referring to issues such as the Youth and Unemployment;

· G20 – SA and UK will team up in preparation for the next G20 meeting;

· Minister also raised the issue of UK support for the World Bank Loan for Eskom development programme (SA clean energy commitments were underlined)

Minister of Sport and recreation

It was critical to have Minister Stofile supporting the President, given the central role that the 2010 World Cup, the 2012 London Olympics, and England's 2018 bid will play in the visit. The Minister's presence was to be used to encourage fans to attend the tournament and to promote sporting links with the UK.

Brief report on the programme:

· Minister met the Shadow Secretary Jeremy Hunt.

· Possible areas of cooperation in future were discussed, including using sports as a bridge builder between nationalities, communities and for instilling leadership and citizenship in youths.

· The exchange programme of Davenang School with a school in Botshabelo, Free State, plans of Davenang Sports Academy to have such programmes with other schools in South Africa.

· Ways in which sports in fused with school curriculum in the United Kingdom.

Minister of Police

Minister Mthethwa was required to support the President on World Cup security issues, which have and continue to feature prominently in the UK media.

Brief report on the programme:

· Minster met with his counterpart the UK Home Secretary;

· An MOU regarding the deployment of staff to South Africa prior to the 2010 FIFA World Cup Event was signed;

· A follow-up visit to South Africa is planned, related to the Child Protection Unit

· A visit to the UK Forensic Laboratories was undertaken – there will be follow-up regarding future collaboration between the UK and South Africa regarding Police Forensic Laboratories.

Minister of Higher Education and Training

Minister Nzimande's presence was to assist to boost scholarship opportunities for disadvantaged students to study at British universities, promote education co-operation and exchange skills transfer with the UK.

Brief report on the programme:

· Minister briefly met his UK counterpart in a courtesy call;

· Minister held talks with former UK High Commissioner Paul Boateng regarding the North London College – focus on engineering and construction and a co-operation plan with the College in Cape Town to be signed;

· UK and South Africa to establish a collaboration at University Chief Executive level to help with the training of academics;

· Minister is planning a follow-up visit to the UK.

Minister of Health

The Minister was to use the media spotlight cast on the visit to reinforce the positive reviews, still not widely known enough, that the Government's HIV/Aids drive has been receiving. Minister Motsoaledi presence was to be utilised to discuss with his British counterpart, health cooperation, especially the issue of the exchange of health personnel.

Brief report on the programme:

· Minister met with his UK counterpart;

· There is general satisfaction at the level of bilateral co-operation;

· Information was exchanged regarding hospital acquired infections;

· There is agreement to collaborate regarding training of senior management;

· It was agreed that a joint task team would be established;

· UK would support the programme to distribute 1 billion condoms before the 2010 FIFA World Cup event;

· Future collaboration on Medicines Control was discussed ;

· The UK National Health Service was discussed with the view to South Africa possibly introducing a similar scheme.

Minister of Water and Environmental Affairs

The UK has set Climate Change as one of the themes of the visit. Minister Sonjica was required to support the President at a number of environment-related events.

Brief report on the programme:

· Minister met with her UK counterpart

· Minister also met the shadow Secretary for Environment of the Conservative Party;

· Cites matters were discussed;

· Sustainable development programmes and climate change also received attention.

· The UK provided a list of principles regarding Climate Change.

· A Joint Statement by both Governments was signed on the UK-South Africa High-Level Dialogue on Sustainable Development

Minister of Trade and Industry

The UK is a strategic partner to South Africa. It is one of our largest foreign investors and an important trading partner in Europe. Minister Davies' presence in the UK was critical, especially during the Business Seminar which was to be used as a platform to promote South Africa's trade and investment interests.

Brief report on the programme:

· Minister took the lead at the SA UK Business Forum

· A better platform for Business was created and serious business done during the two-day event;

· The goals set were achieved;

· 216 South African Businessmen participated (the largest such delegation to accompany the President on a State Visit)

· A key action plan will be implemented.

Minister of Public Enterprises

Minister Hogan's presence was required during the Business Seminar to shed more light on the future plans of our parastatals to potential investors.

Brief report on the programme:

· Minister Hogan formed part of the SA-UK Business Forum and addressed the future of State Owned Enterprises (SOE's) to UK business leaders.

Minister of Mineral Resources

Minister Shabangu's presence was critical in the UK, especially, during the Business Seminar to help allay fears of potential investors around the debate on nationalisation of mines.

Brief report on the programme:

· Minister held bilateral Meeting with Anglo American, attended a luncheon meeting with Deutsche Bank and Dinner with Mining Heads and CEO's of Mining Companies;

· Minister was provided an opportunity to report on changes to the system of application for Mining Licences and other changes to improve the bureaucracy surrounding Mining permits;

· Minister addressed the issue of nationalisation at the lunch and dinner as well as at the SA/UK Business Forum attended by approximately 400 businessmen (SA delegation 216)

· Minister underlined the need to, as a democracy, ensure that communities in the area close to mines must benefit from the development and exploration of mineral resources;

· Follow-up work is expected on matters related to the Mining Charter review;

· Minister lobbied UK for support of the USD3.5 billion WB loan for development of Eskom Power Plants.

Minister of Energy

Minister Peters' presence was required during the Business Seminar to help allay fears around energy shortage which may dissuade future investments in South Africa.

Brief report on the programme:

· Minister held a meeting with representatives of the National Grid, the UK private entity that owns and operate the national system of energy distribution in England and Wales and operates the grid in Scotland.

· The Minister expressed the proposal that there may be more contact between her Ministry and the National Grid to further discuss issues like lessons learnt in the 20 years of operation in the UK as an independent distributor and also to share technology as South Africa needs to move to greater use of solar power as well as other alternative sources while teaching South Africans to be more energy efficient.

MINISTER OF PERFORMANCE, MONITORING, EVALUATION AND ADMINISTRATION IN THE PRESIDENCY

Minister Chabane supported the President in all his meetings and engagements during the State Visit.

Business Delegation

The aim of the Business Delegation was to promote South Africa's business interests in the UK. Business Unity South Africa and other Business and Industrial Bodies determined their own delegation to accompany the President. The criterion employed was their own and I am not privy to it.

President and Mrs Zuma were accompanied by all the relevant Ministers, Higher Commissioner to the United Kingdom, Directors-General, and support staff from the Presidency and relevant ministerial/departmental support staff.

2) The Presidency, the Department of International Relations and Cooperation and the High Commission in London, were responsible for the composition of the delegation. The delegation reflected the strong commitment from the South African Government to the consolidation of political and economic bilateral relations between the two countries with a focus on new national priorities.

A Accommodation £ 502 370 38

B Transport £ 166 679 04

C ICT £ 1 902 29

D Reception/banquet/

entertainment £ 53 212 15

Total £ 724 163 86

*£1 = R11.00

QUESTION NO: 657

PUBLISHED IN INTERNAL QUESTION PAPER NO 07 OF 15 March 2010

Mr M Waters (DA) to ask the Minister for Cooperative Governance and Traditional Affairs:

Whether each training academy for fire-fighters has minimum standards in place; if not, (a) why not, (b) who is responsible for enforcing minimum standards and (c) when will minimum standards be enforced; if so, (i) what are the minimum standards, (ii) when last was each training academy inspected, (iii) what were the findings of each inspection and (iv) where is each training academy situated? NW783E

REPLY

Minimum standards for fire-fighter training academies are in place only as it relates to the entry level fire fighting courses. Advanced fire fighting standards have not been developed.

(a) Advanced fire fighting and specialized fire fighting training standards were not developed by the Standards Generating Body before its term of office lapsed.

(b) The Local Government SETA is responsible for enforcing the standards through a cooperation agreement with the Southern African Emergency Services Institute (SAESI) which serves as the Education and Training Quality Assuror (ETQA) of the SETA.

(c) All encompassing fire fighting standards will be enforced once the review of the Fire Brigade Services Act, 1987 (Act 99 of 1987) is complete which is expected to be completed by March 201 1.

(c)(i) The standards for the SAESI accredited courses as listed in the table below conform to the requirements of the International Fire Service Accreditation Congress (IFSAC) requirements while the SETA accredited course listed in the table conforms to the requirements of the South African Qualifications Authority and the National Qualifications Framework.

(c)(ii) The last inspections were performed during 2007

(c)(iii) The details of the findings are not available but the results are reflected in the attached Table.

(c)(iv) See the attached Table Here.

QUESTION NO. 658

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 March 2010

(INTERNAL QUESTION PAPER NO. 7)

Mr M Waters (DA) to ask the Minister of Health:

(1) Whether any assistance is given to provincial health departments when contracts are awarded to health care risk waste (HCRW) service providers; if not, why not; if so, what assistance;

(2) whether his department is able to determine the capacity of individual HCRW service providers to deliver on the terms of the contract before such a contract is awarded; if not, why not; if so, what are the relevant details?

NW784E

REPLY:

(1) In terms of the National Health Act, 2003 (Act 61 of 2003), under Chapter 3: National Health, of which one of the general functions of the National Department is to coordinate health services rendered by the National Department with the health services rendered by Provinces and provide such additional health services as may be necessary to establish a comprehensive national health system. Provincial Health Departments are fully cognisant of this requirement and therefore support and assistance is provided to them on a regular basis.

The National Department of Health, through its Directorate: Environmental Health, is responsible for the management of health care waste, including health care risk waste, from a health point of view in the country, technical and professional support and assistance is rendered to the Provinces.

Provinces do engage the National Department of Health in their task team meetings and in reviewing the proposed developed specifications on health care waste. For example, Gauteng Province had already done so and presently the Free State Province is.

(2) No, the provincial health departments are responsible for determining the capacity of the individual HCRW service providers. The final awarding and adjudicating of tender is solely done by the individual provinces. As mentioned above, the role of the National Department of Health is to provide the necessary technical and professional support and assistance to the provinces.

QUESTION NO. 659

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 March 2010

(INTERNAL QUESTION PAPER NO. 7)

Mr M Waters (DA) to ask the Minister of Health:

(1) Whether each hospital in each province has a health care risk waste (HCRW) service provider contracted; if not, (a) why not and (b) how is such hospitals' HCRW disposed of; if so, (i) what are their names in each case, (ii) when was each contract awarded, (iii) what is the value of each contract and (iv) when will each contract end;

(2) whether each provincial department of health determines the capacity of individual HCRW service providers to deliver on the terms of the contract before such a contract is awarded; if not, why not; if so, what are the relevant details;

(3) whether there are any penalty clauses stipulated in the contract for failure to dispose of HCRW in accordance with the law; if not, why not; if so, what are the relevant details;

(4) what was the amount of HCRW generated by each hospital in each province in the 2008-09 financial year?

NW785E

REPLY:

The following information was obtained from the Provincial Departments of Health listed. We are still awaiting information from the rest of the remaining Provinces, which will be submitted once received.

EASTERN CAPE

(1) Currently, the HCRW service provider contracted by the Eastern Cape Department of Health for all hospitals/health facilities in the Eastern Cape is Compass Waste Services (Pty) Ltd. The contract was awarded to them in October 2007; this contract which was awarded for a period of two years was extended to 31^st March 2010. The cost of this contract over a period of 30 months approximates to R25m.

(2) In the specification there are a list of pre-qualification conditions that must be met for a service provider to go through to the 2^nd stage and at this stage there are scores that are given and evidence of experience, capacity and resources are attached and this must be accompanied by an in-loco inspection report done by the end user and supply chain management.

(3) Section 11 of the service level agreement stipulated the penalties for non-compliance. It states that "if the contractor fails to comply from any or all of the collection points as scheduled or to perform the services within the period(s) specified or agreed upon and in terms of the contract, the Department shall, without prejudice to its other remedies under the contract, deduct from the contract price, as a penalty, a sum calculated on the delivered price/collection price of the delayed goods or unperformed services using the current prime interest rates calculated for each day of the delay until actual delivery or performance. The Department also reserves the right to use the services of another service provider if, as a result of the failure of the contractor to perform, a threat of a hazardous situation has developed. Any difference in price exceeding the amount of what would have been paid to the contractor shall be born by the contractor. The Department may also consider termination of the contract pursuant to clause 12".

(4) The following tables reflect the situation in this regard

Stream A

Type of HCRW	Quantity Generated in KG's
General	9,768.98
Sharps	1,072.89
Anatomical	702.89
Pharmaceutical	109.45

Stream B

Waste Collected and Destroyed
Type of HCRW	Quantity Generated in KG's
General	40,345.90
Sharps	4,243.65
Anatomical	2,054.89
Pharmaceutical	167.32

Stream C

Waste Collected and Destroyed
Type of HCRW	Quantity Generated in KG's
General	21,545.94
Sharps	1,597.59
Anatomical	1,584.47
Pharmaceutical	9.85

Stream D

Waste Collected and Destroyed
Type of HCRW	Quantity Generated in KG's
General	11,901.47
Sharps	1,272.57
Anatomical	842.88
Pharmaceutical	113.50

Stream E

Waste Collected and Destroyed
Type of HCRW	Quantity Generated in KG's
General	38,175.57
Sharps	3,163.54
Anatomical	1,869.88
Pharmaceutical	142.00

See the attached annexure for health risk waste generated per stream i.e. cluster of sub-districts in the Eastern Cape (annexure C) and annexure B for the hospitals per stream.

FREE STATE

(1) (i) All (31 hospitals) provincial Health Care Facilities in the Free State have a contracted HCRW service provider;

(ii) The contract was awarded on the 1st September 2007;

(iii) The contract is worth R 30 million;

(iv) The contract will end on the 30th June 2010.

(2) The Department of Health determines the capacity of individual HCRW service providers to deliver on the terms of the contract before such a contract is awarded. The criterion used for the Province is based on compliance with a set of technical specifications for health care risk waste management services for the Free State Department of Health and Free State SCM policies.

Relevant details:

Item 3 of the Technical Specifications outlines the scope of supply for Services during the duration of the Contract Period and in general terms include the provision by the Contractor of all plant, equipment (including maintenance thereof), personnel, activities, services, know-how and expertise necessary to safely and efficiently collect all HCRW from all provincial Hospitals and treat and dispose of the residues. The evaluation of the bid focuses on such issues as mentioned above that are of supply and demand nature.

Item 9.2 of the technical specifications which deals with Waste Storage during Planned Outage indicates that a Contractor shall during a Planned Outage secure the use of cold storage facilities suitable for the storage of Waste until the Planned Outage is over, or alternatively secure standby Treatment capacity at another treatment facility and Treat the Waste timely in accordance with this Project Specification, the Regulations and the Necessary Consents.

(3) There are provisions in the HCRW management specifications and the Free State tender policies for penalties on service failure.

Relevant Details:

Item 16.1 of the Technical Specifications outlines penalties in case of service failure. The contents are as follows:

Penalties

If a Service Failure occurs, a penalty equal to the amount set out opposite such Service Failure in the following table will be deducted from the relevant Monthly Waste Collection Payment, in respect of each such Service Failure when calculating the Monthly Waste Collection Payment:

Service Failure	Penalty amount (VAT and escalation excluded)
The Contractor fails to supply a Facility with Disposable Containers that are compliant with the Project Specification, within 7 days of the Contractor receiving a request for such Disposable Containers.	R 2 000-00 per incident.
The Contractor fails to supply a Facility with Disposable Containers, within 24 hours of the Facility or District having notified in writing the Contractor of a shortage of such Containers.	R 1 000-00 per day for Clinics, and R 3 000-00 per day for Community Health Centres and Hospitals.
The Contractor supplies a Facility with a Disposable Container that is not in compliance with the Specifications for such Containers.	R 1 000-00 per container.
The duration of an Unplanned Outage exceeds 2 weeks, or such Unplanned Outage is occurring more than once in every 3 months.	R 5 000-00 per day that the duration of the Unplanned Outage exceeds 2 weeks.
The Contractor fails to immediately remove a spillage at a Waste Collection or loading Point.	R 3 000-00 per incident.
The Contractor fails to remove Waste from the Waste Collection Point within the maximum allowable storage time of that waste being placed at the Waste Collection Point, or exceeding the frequency allowed for that particular Facility.	R 3 000-00 per day for clinics and Community Health Centres and Hospitals
The Contractor Fails to deliver Waste to the Treatment Plant within 48 hours it has been removed from a Facility.	R 2 000-00 per incident.
The Contractor fails to immediately remove a spillage that occurred during transportation of Waste.	R 5 000-00 per incident
The Contractor fails to submit the District Rollout Plan to the Department's Representative before the date occurring one month after the Contract Date, at least addressing the issues listed in the Specification.	R 1 000-00 per day until the Regional Rollout Plan is submitted.
The Contractor fails to achieve a full implementation of the new Waste Management System by the Roll Out Completion Date.	R 2 000-00 per day until the Waste Management System is deemed fully Implemented.
The Contractor fails to attend or be appropriately represented at a project meetings.	R 2 000-00 per incident.
If the Waste Vehicle has no means of separating the Clean Containers from Containers filled with waste.	R 10 000 per incident

Penalties for Service Failures will be instigated by the Infection Control Nurse and Control Environmental Health Practitioner of the Facility affected by the Service Failure. Where the Contractor believes that the Service Failure for which he / she is penalized was as a result of circumstances or conditions beyond his or her control, a written submission can be made to the Department's Representative. Having investigated the matter, the Department's Representative will make a ruling on the matter as to whether the penalty will be upheld, or whether it is to be waived. Should the Contractor not be satisfied with the ruling of the Department's Representative, the Contractor has the right to take further action for dispute resolution as allowed for in the General Conditions of Bid and Order.

(4) The amount of HCRW generated per year is about 943 836 kg.

NORTHERN CAPE

(1) The Northern Cape Department of Health award a single tender for the whole Province for all Hospitals. The contract was awarded to Millennium Waste Management in 2003 for 2 years period until it expired and on 31 October 2005 was agreed on month to month contract basis. On the 09 July 2008 Millennium Waste Managements closed doors and handed over the service to Psychem Waste Solutions. Psychem Waste Solutions are still rendering the service for the Northern Cape Department of Health continuously on month to month agreement. This means that there is no contract presently for any company except Psychem on the conditions carried over from Millennium Waste Management.

(2) Each Provincial Department of Health determines the capacity of the individual HCRW service provider to deliver on terms of the contract.

(3) The old contract does not specify out the penalty clauses.

(4) An average of 360 tonnages of HCRW in all collection points was generated and treated in 2008/2009 financial year according to Psychem Waste Solutions.

QUESTION NO: 660

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

Whether her department has a policy regarding the attire provided to sentenced minors; if not, why not; if so, what are the relevant details?

NW786E

REPLY

Yes, the Department has a policy in place regarding the attire provided to sentenced minors.

The Procedure Manual for Personal Hygiene Services stipulates as follows:

"All sentenced Youth in the care of the Department of Correctional Services must be dressed in the following prescribed clothing:

Males

*Clothing item*	*Amount allocated*
Jean type long sleeves shirt	02
Jean type trousers	02
Pyjamas	04 (02 summer and 02 winter)
Jersey	02
Handkerchief	02
T-shirt	02
Black Shoes	01 pair
Socks	04 pairs
Tracksuit (top and trouser)	02
underpants	03
Hat	01
Tekkies (sneakers)	01 Pair
Slippers	01 pair (allocated per doctor's prescription)

Females

*Clothing Item*	*Amount allocated*
Denim type dress/skirt or slacks and jacket	02
Jersey	02
Head Cloth	02
Hat	01
Handkerchief	02
Panties (acceptable quality)	05
Bra	03
Socks	03 pairs
Spencer	02
Petticoat (half length)	02
Shoes	01 pair
Sandals	01 pair
Tekkies (sneakers)	01 pair
T-shirt	02
Night dress	04 (2 summer and 2 winter)
Tracksuit (top and trouser)	02
Slippers	01 (allocated per doctor's prescription)

The procedure manual for Social Work Services for Youth also stipulates that "Youth shall be provided with clothing that is of a different colour and material with that provided to sentenced adults" .

QUESTION NO: 661

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

(1) Whether her department is in consultation with any other department to deal with the large number of (a) sentenced and (b) awaiting trial inmates between the ages of 18 and 25; if not, why not; if so, what are the relevant details;

(2) Whether there is any timeline attached to this; if not, why not; if so, what are the relevant details?

NW787E

REPLY

(1)(a) The Department of Correctional Services is not consulting with other departments focusing specifically on sentenced offenders between the age of 18 and 25.This category represents 28.66% of the sentenced offender population as on 31 December 2009. Both the sentenced and awaiting trial inmates are managed within the reduction strategy of the overall population.

However, the department is actively participating in the various Integrated Justice System fora to deal with, amongst others, sentenced children below 18 years old.

(2) With regard to awaiting trial detainees, DCS monitors the number of applications in terms of the Bail Protocol section 63A and section 63(1) of the Criminal Procedure Act, 51 of 1997 on a monthly basis. This process entails the reconsideration of the bail amounts given to ATDs which they cannot afford to pay and taking the matter back to court and request a reconsideration of bail conditions, where applicable. See the monitoring tool below for the months of November 2009 and December 2009 respectively.

NOVEMBER 2009

CPA Sec	National		Regions
	National		Eastern Cape		Gauteng		Kwa Zulu Natal		LMN		NC & FS		Western Cape
	No of Applic	Outcome/ Cases Concluded	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded Successful	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded Successful
63	1916	1569	117	343	213	149	525	455	20	66	90	19	951	537
63(1)	753		31		2		0		0		0		718
63A	1163		84		211		525		20		90		233
62		277		34		93		3		0		0		147
62(f)		626		28		9		395		60		19		115
71		28		1		0		3		0		0		24
72		638		280		47		54		6		0		251

1916 applications for section 63 were submitted to court for November 2009. Of the submitted applications, 753 were section 63(1) applications and 1163 were section 63A applications. Of the total submitted applications 1569 (88, 89%) applications were successful. Successful applications are presented in the table above as section 62, 63(f), 71 and 72.

DECEMBER 2009

CPA Sec	National		Regions
	National		Eastern Cape		Gauteng		Kwa Zulu Natal		LMN		NC & FS		Western Cape
	No of Applic	Outcome/ Cases Concluded	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded Successful	No of Applic	Cases Concluded/ Successful	No of Applic	Cases Concluded Successful
63	1255	1001	113	154	63	56	445	434	51	35	95	66	488	256
63(1)	421		71		0		0		0		67		283
63A	834		42		63		445		51		28		205
62		134		16		39		3		0		30		46
62(f)		535		11		0		379		35		27		75
71		1		0		0		1		0		0		0
72		33		127		9		51		0		9		135

1255 applications for section 63 were submitted to court for December 2009. Of the submitted applications, 421 were section 63(1) applications and 834 were section 63A applications. Of the total submitted applications 1001 (79, 76%) applications were successful.

For the Awaiting Trial Population below the age of 18, the Department is amongst other things doing the following:

· Structured inter-sectoral collaboration exists between the various Departments involved, through the JCPS Provincial and National Development Committees.

· Name lists are sent through to Legal Aid South Africa and visits are made by Legal Aid South Africa to correctional centres to handle the cases of deserving Awaiting Trial detainees.

· Bi-Monthly Case-flow Management meetings under the leadership of the DoJCD and the Judiciary, are ensuring co-operation interdepartmentally to ensure finalisation of cases as far as possible. Matters are taken up and monitored by the National Case-flow Management.

· Department of Correctional Services attends and participates in the Criminal Justice Review process.

QUESTION NO. 662

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 March 2010

(INTERNAL QUESTION PAPER NO. 7)

Mrs H Lamoela (DA) to ask the Minister of Health:

(1) Whether any action has been taken by (a) his department and (b) the provincial departments of health in respect of any predicted shortfall in each province with regard to the health budget; if not, why not; if so, what are the relevant details;

(2) whether he has been informed of any action taken by (a) the National Treasury and (b) provincial treasury departments in respect of any predicted shortfall in each province with regard to the health budget; if so, what are the relevant details in each case;

(3) whether there is any indication of the causes of any financial difficulties in each province, including (a) unforeseen expenditure, (b) unavoidable expenditure and (c) unfunded mandates; if so, (i) what are the relevant details and (ii) what steps have been taken to rectify the matter?

NW788E

REPLY:

(1) (a) and (b) Yes.

Province	Interventions by both Department of Health and Provincial Health Department
Eastern Cape	Suspended the Human Resource Operating Project (HROPT) payments. Defer Human Resource accruals to next year. Belt-tightening measures/indicative expenditure limits and restoring fiscal discipline measures for adherence and implementation with immediate effect.
Free State	The Provincial Health implemented reprioritisation measures. Currently the Province has already reprioritised R106 367 000 of the current budget and is busy with the reprioritisation of other funds to address budget pressures in order to remain within the allocated 2009/10 budget. The Department has also implemented cost-containment measures to restrain expenditure.
Gauteng	The Department of Health and the Provincial Treasury engaged all health facilities in the reprioritisation of the budget process in an effort to identify savings and come up with cost containment measures to improve efficiencies. Some of the non-core-related services like the utilisation of consultants, catering services and car rentals were stopped; some savings were identified. The cash-flow management: · the shortfall in the cash being made available in having a significant impact on services being delivered in the Province as a result of suppliers not delivering due to them not being paid; · Provincial Treasury has introduced a system of ring fencing all salary-related funds before releasing any payments to the suppliers.
KwaZulu/Natal	Cost-saving measures were implemented by the Provincial Department of Health as well as Provincial Treasury, through the implementation of the Fiscal Adjustment Plan.
Limpopo	The Province will reprioritise and strengthen its cost-cutting measures to remain within the allocated budget in the 2009/10 financial year.
Mpumalanga	Implemented cost-curtailment where all financial delegations were withdrawn from programme managers and centralised at head office until the new financial year 2010/11. The Provincial Health Department has closed budgets on the financial systems. Transactions will be rejected if funds are not available. This increases the monitoring and internal control.
Northern Cape	The Province has embarked on the following strategies: · reducing expenditure on catering, travelling, etc; · utilizing the savings generated from the delay in filling of posts to defray over-expenditure on goods and services. The Provincial Department of Health has also taken a decision to pay all outstanding amounts in the current financial year.
North West	The Provincial Department of Health has shifted funds from Administrative functions to fund Core Services. Cost-cutting measures have been strengthened and implemented to reduce the deficit and the Province has regular discussions with service providers to put certain projects on hold or defer payments to the next financial year.
Western Cape	The cost-saving measures consist of a number of initiatives, including: · vetting and evaluating all requests for spending at institutional level; · only the most critical posts are filled; · project teams have been appointed to oversee high cost items e.g blood, NHLS; · monthly budget meetings where trends and strategies are discussed are in place; · currently the Provincial Health Department is not experiencing a shortage of funds. It is therefore not withholding payments; · all accruals at the end of March have been paid.

(2) (a) and (b) Yes, we have been informed by both National and Provincial Treasuries, through Provincial Health MECs and HODs.

Acting taken by National Treasury was to send out teams to provinces to facilitate remedial action between Provincial Treasuries and Provincial Health Departments. The details are as per (1) above.

(3) The National Department is still awaiting detailed responses from the Provinces. The consolidated response will be forwarded once received.

QUESTION NO. 663

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 March 2010

(INTERNAL QUESTION PAPER NO. 7)

Mrs H Lamoela (DA) to ask the Minister of Health:

(1) Whether any province had (a) an overdraft or (b) a surplus in their bank account as at 28 February 2010; if so, (i) what is the amount in each case and (ii) what amount was owing to deferred expenses from the 2008-09 financial year to the 2009-10 financial year;

(2) what is the projected (a) deficit or (b) surplus for each province at the end of the 2009-10 financial year;

(3) whether there will be any deferred expenses from the 2009-10 financial year to the 2010-11 financial year; if so, (a) what is the amount for each province and (b) what are the reasons for the deferred expenses in each case?

NW789E

REPLY:

The following information was obtained from the Provincial Departments of Health. Not all Provinces were able to submit the information on time though. Information on the remaining Provinces will be submitted once received.

EASTERN CAPE

(1), (2) and (3)

The Eastern Cape Department of Health did not have an overdraft in its bank account as at 28^th February 2010. The amount owing to deferred expenses from the 2008/09 financial year amounted to R210 million. The projected overdraft balance for the Department at the end of the 2009/10 financial year is R850 million. There will be deferred expenses from the 2009/10 financial year. The amount is R1,8 billion and this arises from unfunded/underfunded mandates of policy issues in the Department's Cost of Employment, including payments in terms of the Judge Browde/White Commission Findings/HROPT and insufficiently funded carry through costs of HROPT and Occupational Specific Dispensation (OSD), and pressures on frontline costs including pharmaceuticals, sundries, vehicle fleet and NHLS.

FREE STATE

(1) (i) The Department had a surplus of R6,948,048.38 in its bank account as at 28 February 2010;

(ii) An amount of R286 221 000 was owing to deferred expenses from the 2008-09 financial year to the 2009-10 financial year.

(2) and (3) The projected surplus for the Department at the end of the 2009-10 financial year is R73,155,996.5. This amount is based on calculations as at 15 March 2010.

The Department estimates to have about R120 000 000 of invoices not older than 30 days.

NORTH WEST

(1) The North West Provincial Treasury operates a combined bank account for all the provincial Departments so it is not possible to answer this question precisely. It can however, be stated that the Department entered the 2009/10 financial year with accruals of R200m.

(2) The projected over-expenditure for the Department is R272m.

(3) The Department is likely to end the year with deferred expenses of an amount equal to the projected over expenditure of R272m because the kind of financial system used in the Province does not allow over-expenditure on the budget, except on salaries.

The main reason for the accruals is insufficient budget. The budget for the Department is growing at a far slower pace than the rate of inflation combined with the increase in the demand for health services. This factor is compounded by the accruals of R200m brought forward from the previous year.

NORTHERN CAPE

(1) (a) Overdraft;

(b) (i) R300,725,000;

(ii) R130, 000, 000.

(2) R24, 834, 000 (over expenditure).

(3) Yes.

(a) R78 000 000 (Projected);

(b) The 2009/10 budget was placed under pressure, due to the R130 million worth of accruals, carried over from the 2008/09 financial period. Thus, in order to avoid further unauthorised expenditure, the Department decided to defer payments, and to settle same under the 2010/11 financial period; this after a reprioritisation of the activities of the 2010/11 financial period.

QUESTION NO. 664

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 March 2010

(INTERNAL QUESTION PAPER NO. 7)

Mrs H Lamoela (DA ) to ask the Minister of Health:

(1) Whether there are minimum standards for (a) living conditions, (b) salaries, (c) flights home to visit families, (d) working hours and (e) any other related standards for medical students studying in Cuba; if not, what is the position in this regard; if so, what are the relevant details in each case;

(2) whether the living conditions of such students has been inspected; if not, why not; if so, what were the findings;

(3) whether he received any complaints concerning the living conditions of such students; if so, what are the relevant details?

NW790E

REPLY:

(1) (a) Living conditions in Cuba are determined by the socio-economic situation that prevails in the Country, which are also affected by historical and current political circumstances of the Country. These are the same for all students regardless of their nationality.

(b) South African students do not receive a salary, but a US $200 stipend per month for the duration of their medical training in Cuba, as per the contractual obligation entered into between each student and the South African Department of Health.

(c) The contract allows students to return to South Africa for vacation twice during their stay in Cuba and also when there is a death in the family or a situation deemed to be an emergency. Occasionally, seriously ill student may be allowed to return home to recuperate.

(d) Students are studying and not considered to be workers. Study hours are comparable to those of other medical academic institutions internationally.

(e) Apart from the stipend that each student receives, each of the provinces that are participating in the Programme provides additional support to students in the form of items such as stationery and medical equipment. Parents who can afford to are also able to send clothing and cosmetics to their children.

(2) Each year, a South African delegation from the participating Provinces visit Cuba to hold meetings with the students and Cuban authorities. The purpose of these visits is to -

(i) ensure that new students are integrated well in Cuba;

(ii) receive progress reports on the academic progress of students;

(iii) deal with student matters such as behavioural and psychological issues including living conditions;

(iv) reports from these visits are discussed at the Provincial Coordinator's Forum convened annually by the National Department of Health. At these meetings, the Forum may make recommendations on any changes in living conditions of the students in Cuba if necessary. This is usually also benchmarked against the general living standards which are applicable to all other students from various countries including Cuban students.

(v) over and above these visits the South African Mission in Havana oversees the well-being of students and constantly interacts with the students. Any issues raised by the students, which the Mission cannot deal with, are referred to the Department for action.

(3) The late Deputy Minister of Health, Dr Molefi Sefularo MP, met with the students during the 6^th Joint Binational Commission which was held in Cuba in December 2009. The students raised a number of issues which were dealt with by the Deputy Minister or referred to the Department for further investigation and action. For example, the students requested an increase in the stipend from US $200 to US $400 per month. The Deputy Minister requested students to make a formal presentation to the Department and state reasons why the stipend should be increased. The request was formally made by the students on 03 March 2010, and is now under consideration.

QUESTION NO. 665

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 March 2010

(INTERNAL QUESTION PAPER NO. 7)

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

(1) How many (a) applications are currently before the Medical Bureau for Occupational Diseases and (b) of these applications have taken (i) 6 to 12 months, (ii) 12 to 24 months and (iii) longer than two years to finalise;

(2) whether there is a maximum period within which applications should be finalised; if not, why not; if so, (a) what is the period and (b) what are the reasons for applications taking longer than the maximum period?

NW791E

REPLY:

(1) (a) The number of applications that have been received by the Medical Bureau for Occupational Diseases since January 2010 – 24^th March 2010 is –

· 1 710 from the Public Health Hospitals;

· 121 from the Mine Hospitals;

· 109 from the private doctors

The total number of applications currently, at the MBOD are 1940.

(b) (i) There are 149 applications which were deferred for incomplete records and poor quality radiographs from September -December 2009, and there are 156 applications that have been deferred for the same reasons as above from January –March 2010.

(ii) There are no applications that are 12 to 24 months.

(iii) There are no applications that have been received by the MBOD longer than two years to finalise.

(2) Currently the MBOD has a turn around time of between two to three months to complete assessment for disability, if applications have all the documentation and information needed for certification. There is no maximum period for completion of applications; it all depends on the state of applications received, whether all documentation needed is included in the application for the Certification Committee to take an informed and legal decision. The cases that get deferred are followed up every three months and reminder letters are written to applicants till all information is received, then application is assessed.

(a) The maximum period for applications currently is between two to three months, recognising that the MBOD assesses applications from the whole country including SADC from which South Africa recruited mine workers.

(b) It all depends on the state of applications received, whether all documentation needed is included in the application for the Certification Committee to take an informed and legal decision. The cases that get deferred are followed up every three months and reminder letters are written to applicants till all information is received, and then applications are assessed.

QUESTION NO. 666

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 March 2010

(INTERNAL QUESTION PAPER NO. 8)

Mrs P C Duncan (DA) to ask the Minister of Health: (Interdepartmental transfer on 23 March 2010)

(1) Whether any recommendations of the Public Protector's report into the alleged delay by the Medical Bureau for Occupational Diseases in the certification of applications for compensation of mining-related occupational diseases have been implemented; if not, (a) why not and (b) when will they be implemented; if so, (i) which recommendations have been implemented and (ii) when;

(2) whether his department has reported to the Public Protector within three months as required under recommendation 8.2 of the report; if not, (a) why not and (b) what were the reasons for not doing so; if so, (i) what was the content of the report and (ii) on what date was the report submitted to the Public Protector?

NW792E

REPLY:

(1) The recommendations by the public protector in August 2007 were similar to the recommendations that were in the memorandum of understanding between the Department of Health, Chamber of Mines, and the National Union of Mineworkers, in May 2007, where a provision to strengthen the systems of the Medical Bureau for Occupational Diseases (MBOD) and the Compensation Commissioner for Occupational Diseases (CCOD), was agreed upon and signed.

The recommendation by the Public Protector was that a systemic investigation be conducted to identify the root cause of delays in the system or on the part of the Medical Bureau for Occupational Diseases to certify and compensate complaints timeously.

(i) The above was the only recommendation, which has been attended to by the Internal Audit Directorate of the Department of Health and its recommendations implemented by the Director of the MBOD.

Currently there are no delays nor backlogs at the MBOD. The only outstanding applications are those that have been deferred for incomplete submission of applications.

(ii) All delays and the backlog were dealt with by the end of 2008.

(2) (i) The Department of Health reported to the Public Protector within three months.The report highlighted that the recommendation by the Public Protector were the same as those in the MOU between the DOH, Chamber of Mines and the NUM. It also invited the office of the Public Protector to visit the MBOD to observe for itself the processes within the MBOD.

(ii) The report was submitted on the 05 September 2007.

QUESTION NO. 667

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 15 March 2010

(INTERNAL QUESTION PAPER NO. 7)

Mrs P C Duncan (DA) to ask the Minister of Health:

(1) What is the (a) actual and (b) optimal number of staff at the Medical Bureau for Occupational Diseases (MBOD) for each specified category of employee;

(2) whether the MBOD has a data capturing system to record all applications; if not, why not; if so, how many data capturers are there?

NW793E

REPLY:

(1) (a) The actual number of doctors that are supposed to be permanently appointed at the MBOD is five, then there should be no less than three doctors in the Certification committee, and not more than five doctors. The Certification Committee and the Reviewing Authority are tripartite committees, of doctors representing the Department of Health, the employers' representatives the Chamber of Mines and representatives of organised labour. There are four doctors appointed at the MBOD out of five that have to be permanently appointed. There are ten doctors that are in the two committees mentioned above. These doctors are appointed on sessions. Two radiologists one appointed part time. One radiographer, one occupational health nurse, two clinical technologists, 45 admin clerks 10 cleaners and nine security officers. One Deputy Director.

(b) The Optimal number for permanently appointed doctors is supposed to be five. For the two Committees, there should be as many doctors as the Minister allows on an advice and request of the Director of the MBOD. There should be three radiographers, two occupational health nursing practitioners and about 75 admin clerks who work as data capturers. There could also be as many deputy directors as the Minister allows as on the advice and request by the Director of the MBOD. Otherwise the other categories are optimally filled.

(2) The MBOD does have an integrated IT system called the Ex-mine Worker Compensation System. There are currently 45 data capturers with a designation of admin clerks.

QUESTION NO: 668

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

1) Whether the fire extinguishers at Leeuwkop Medium C Correctional Centre have been serviced for the past year: if not, (a) how many were not serviced, (b) when last was each fire extinguisher serviced, (c) when was each one of these supposed to have been serviced and (d) who is responsible for ensuring that fire equipment meets the required safety standards;

(2) Whether the use of cell phones by prison officials is permitted whilst they are on duty; if not, what steps are being taken to ensure that staff do not use cell phones on duty; if so what are the relevant details;

(3) Whether any offenders sentenced to imprisonment of fewer than two years share cells with inmates serving long-term sentences of eight years or more; if not, what is the position in this regard; if so, (a) how many and (b) what are the relevant details;

(4) Whether any person who has not been admitted to the prison formally is being held in a prison cell; if so, (a) how many, (b) when did each person arrive at the prison, (c) why was each person not admitted formally and (d) how many times has roll call been performed at this prison in the past 12 months?

NW794E

ANSWER:

(1) (a)(b)(c)(d) There are 40 fire extinguishers, 19 fire hoses and 4 water hydrants at the centre. The fire equipment was last serviced in October 2008 and was due to be serviced in April 2009.

The need was registered with the Department of Public Work who is responsible to invite and finalize the contracts with the Service Providers and to ensure that safety standards are met. According to the information at my disposal, DPW is currently busy with the invitation of tenders.

(2) Officials, except for certain managers who have prior permission from the Area Commissioner (due to security reasons/operational needs), are not allowed to enter the premises of the centre with cell phones. All officials are searched as part of the "Bag less society" when entering/leaving the correctional centre.

(3) There are no inmates sentenced to imprisonment of two years and lesser detained in Leeuwkop Medium C Correctional centre.

(4) (a) No.

(b) & (c) Not applicable.

(d) Roll calls were conducted at the correctional centre on a monthly basis since January 2009 on the respective date as mentioned below:-

MONTH	DATE
January 2009	29 January 2009
February 2009	26 February 2009
March 2009	26 March 2009
April 2009	30 April 2009
May 2009	28 May 2009
June 2009	25 June 2009
July 2009	30 July 2009
August 2009	27 August 2009
September 2009	30 September 2009
October 2009	29 October 2009
November 2009	26 November 2009
December 2009	10 December 2009
January 2010	28 January 2010
February 2010	25 February 2010

QUESTION NO: 669

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

(1) (a) What are the dates on which the National Building Advisory Committee met (i) in the (aa) 2006-07, (bb) 2007-08 and (cc) 2008-09 financial years and (ii) during the period 1 April 2009 up to the latest specified date for which information is available and (b) how often should the council optimally meet,

(2) whether the National Building Advisory Committee has approved any leases in the past 12 months; if not, why not; if so, what are the relevant details;

(3) whether there are any outstanding requests for (a) property leases and (b) correctional centre maintenance waiting for the approval of the National Building Advisory Committee; if so, (i) how many in each case, (ii) which properties/centres in each case and (iii) how long has each request been pending?

NW795E

REPLY

(1) (a) The National Building Advisory Committee was approved in April 2009

(i) (aa); (bb) and (cc) Not applicable

(ii) There has not been a meeting on the National Building Advisory Committee. The meeting is scheduled for 17 April 2010.

(b) Annually

(2) The role of the National Building Advisory Committee does not include approving leases.

(3) (a) Refer to (2) above.

(b) The National Building Advisory Committee does not approve maintenance of

Correctional centres.

QUESTION NO: 670

MR J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES:

Whether any staff shortages have been experienced at the St Albans' Correctional Centre as a result of (a) posts not being filled or (b) absenteeism; if so, (i) what effect has this had on the (aa) security of the centre and (bb) safety of the staff and (ii) what steps has her department taken to rectify the situation?

NW 796E

REPLY:

(a) The staffing levels at St Albans are above the 80% norm of the DCS.

(b) There are, therefore, no extreme staff shortages of concern.

(aa) & (bb)

(i) Operational realities such as overcrowding do place a strain on these

resources and the security and safety of staff is regularly assessed and managed accordingly.

(ii) The following steps are taken;

- Officials are regularly warned against misuse of leave and the consequences thereof;

- Disciplinary action is taken against officials who are absent without authority

QUESTIONS 671 FOR ORAL REPLY

671. Ms A M Dreyer of the Democratic Alliance (DA) to ask the Minister for the Public Service and Administration:

(i) Whether he has taken any steps against Directors-General who have not yet signed performance agreements with their respective Ministers; if not, why not; if so, what are the relevant details? NW797E

REPLY

(i) I have reminded Executive Authorities to take actions in this regard, and advised them to do so by July 2010.

QUESTION NO: 672

DATE OF PUBLICATION: 15 March 2010

QUESTION PAPER NO: 7

DATE OF REPLY: 19 March 2010

Ms M R Shinn (DA) to ask the Minister of Communications:

(1) How was Sentech chosen as the landing partner for the African Union and New Partnership for Africa's Development (Nepad) African Coast to Europe (ACE) system;

(2) under what part of Sentech's mandate was it allowed to bid for this work and (b) what is the deal worth to Sentech;

(3) which entity is responsible for paying for Sentech's involvement;

(4) whether the Government contributes to that entity; if not, why not; if so, what are the relevant details;

(5) how much bandwidth will be landed in South Africa via the ACE cable?

NW798E

REPLY:

(1) As a signal distributor and international gateway operator, it is within Sentech's business interest to expand their operations by partnering with foreign entities, which include undersea cable operators.

(2) (a) I was informed by Sentech that they did not bid for the work.

(b) Sentech also informed me that the discussion are ongoing to negotiate and agree on the charges for using the Sentech ECNS licence to land the cable in South Africa.

(3) Senetch.

(4) No, any costs that Sentech might incurr will be paid from their internal funds as Government only subsidise specific projects.

(5) This information is not available as it is dependant on the conclusion of the the negotiations mentioned in above reply for (2)(b).

QUESTION NO. 673

DATE PUBLISHED: 15 March 2010

DATE SUBMITTED: 29 March 2010

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

In view of the findings of the Constitutional Court on 23 February 2010 in Ryan Albutt v the Centre for the Study of Violence and Reconciliation and Others, what mechanisms for making representations will he put in place for the victims of crimes for which pardon is sought? NW799E

REPLY:

The Presidency and the Department of Justice and Constitutional Development officials are in the process of giving effect to the judgement in this regard. A meeting between the parties is in the process of being set up in order to discuss ways and means on how to give effect to the judgment. However, it should be noted that the judgment does not imply or entail that, in affording a hearing to the victims of those applying for pardon under the special dispensation process; the President is bound to replicate the procedures, investigations and hearings of the TRC. It may well be that if parties agree to the finalisation of the consideration for the pardon application requests, written representations from identified victims must be provided. This mechanism in our view may be the most practical and expeditious manner of attending to those pardons the President wishes to consider favourably.

QUESTION NO. 674

DATE PUBLISHED: 15 March 2010

DATE SUBMITTED: 29 March 2010

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

(1) Whether a Pardons Reference Group was established as part of the special dispensation announced by former President Mbeki in November 2007 to conclude the truth and reconciliation process; if so,

(2) Whether the group recommended applicants for pardon; if not, why not; if so,

(3) Whether he is considering (a) all, (b) some of the recommended applicants or (c) any applicants considered but not recommended for the grant of Presidential pardon in terms of section 84 of the Constitution; if so, what are the (i) names and (ii) offences of the applicants who will be pardoned? NW800E

REPLY:

(1) Yes, the former President Thabo Mbeki announced that he was inviting all political parties represented in Parliament to nominate a representative to serve on a Reference Group that would advise him on whether or not to grant pardons to such applicants. On the 18 January 2008, the President established the Reference Group to make recommendations on each application duly lodged in the process. All fifteen parties represented in Parliament accepted the invitation and nominated their representatives.

At its inaugural meeting held on 6 February 2008, the Reference Group elected Dr JT Delport as Chairperson of the Group and at a later stage Mr JB Sibanyoni was elected as the Deputy Chairperson.

At the outset of this process, the Reference Group had until 30 September 2008 to finalise the processing of the pardons. This was not possible as the number of applications received was beyond what was initially anticipated. The Reference Group requested for the extension of the date for finalisation of the process until 30 November 2008. There were applications that were referred back for more information. The President deemed it appropriate to further extend the lifespan of the Reference Group until the end of January 2009 in order to finalise those applications.

(2) Yes, the Reference Group had made recommendations on all the applications that were submitted for the special dispensation presidential pardon process. The applications together with the recommendations that were made by the Reference Group were then forwarded by the Department to the Presidency for the President to consider them.

(3)(a) No, the President will only consider those applications that were recommended for pardon by the Reference Group after considering the submissions of the victims. It should be noted that in the above-mentioned case, it was stated that the victims sought to be given a hearing only on those applications that were recommended for pardon and not in all other applications. (See also the answer in 3(b) hereunder)

(b) No, the President is not considering applications that were recommended by the Reference Group in line with the decision in the Ryan Albutt case. In this case it was held that the victims have a right to be heard before the President can make a decision on whether or not to grant a pardon. The President will only consider the applications that were recommended by the Reference Group after he had heard the submissions made by the victims.

(c) Yes, there are applications that were considered but not recommended for Presidential pardon in terms of section 84(2)(J) of the Constitution of the Republic of South Africa.

(3)(c)(i) and (ii) In the Ryan Albutt case, the Court held that the victims have a right to provide inputs regarding applications for political pardons in terms of the special dispensation process for the President's consideration before a decision is taken. In line with the decision of the above-mentioned case, the President has not made any decisions to grant a pardon in any of the applications received in terms of the special dispensation process.

In conclusion, the President is not at liberty to disclose the names of applicants and the nature of offences which they committed until such time he has considered the representations made by victims and make a decision in respect of each application for pardon in discharging his constitutional obligation as envisaged in terms of sections 84(2)(j)and 237 of the Constitution of the Republic of South Africa respectively.

QUESTION NO.: 675

DATE OF QUESTION: 15 MARCH 2010

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

Whether the Italian government has requested from 1996 onwards the extradition of a certain person (name furnished) who was first accused and then convicted in Italy of organised crimes relating to the so-called Mafia; if so, (a) on what dates in each case, (b) what were the reasons for refusal in each case, (c) why was the bilateral extradition treaty with Italy not honoured and then terminated, (d) why (i) was section 3 of the Extradition Act, Act 67 of 1962, not used and (ii) has an extradition request in terms of the bilateral treaty with the European Union not been honoured yet, (e) which section in his department dealt with the Italian requests and (f) who took the decision to refuse co-operation with each request?

NW801E

Name of person referred to:- Vitto Palazolo

REPLY:-

Yes, the Italian Government has made two requests for the extradition of the person referred to in the reply.

(a) During December 2001 and January 2007.

(b) As to the request of December 2001, the Italian Authorities withdrew this request per the note verbale of their Embassy, Pretoria dated 03 June 2004. Therefore, the Government of South Africa could not process the said request.

The January 2007 request has not been refused. It is being processed as reflected in the reply under paragraph (d) (ii) hereunder.

(c) The bilateral extradition treaty with Italy of 1873 as it applied to South Africa as the then domain of the United Kingdom which concluded the said treaty with Italy, was not honoured as it was outdated. The treaty, based on specified crimes for purposes of extradition, did not have the crime of mafia. Therefore, the Italian Authorities were approached to consider the possibility of revoking the treaty, which was subsequently superseded by the EU Convention on Extradition of 1957 to which Italy and South Africa are parties (for South Africa it entered into force on 13 May 2003).

(d)(i) Section 3(2) of the Extradition Act, 1962 (Act No 67 of 1962 (the Act)) could not be used in that Presidential consent, for the purposes of using the Act to respond to a request, could not be sought because the above-mentioned bilateral treaty between Italy and South Africa was still valid. The Act is only used if there is no treaty between the requesting State and South Africa.

(ii) The January 2007 Italian request is being processed, but not yet finalised. A Section 5(1) (Extradition Act) Ministerial notification, that the Italian request has been received, has been issued. This notification only triggers the extradition process. At the time when the relevant Magistrate's Court was to be approached with an application to render the person sought extraditable in terms of Section 10(1) of the Act, the Attorneys of the fugitive filed an application for review of the request with the Cape Town High Court (this matter is subjudice). It is noted that the final decision to grant, or decline the extradition of the person sought is to be made by the Minister in terms of Section 11 of the Act. However, the above process depends on the outcome of the application for review.

(e) The Chief Directorate: International Legal Relations (earlier Directorate: International Affairs) in the Department dealt with the 2001 and 2007 requests.

(f) As indicated above, the Government of South Africa did not refuse co-operation with the Italian Government regarding each of the requests.

2010-04-08

What's wrong with this page?