Questions & Replies No 1226 to 1250

2010-05-03

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

QUESTION NUMBER 1226

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 April 2010

(INTERNAL QUESTION PAPER NUMBER 10)

1226. Mrs J D Kilian (Cope) to ask the Minister of Mineral Resources:

Whether she will hold a certain mining company (name furnished) responsible for the financial losses incurred by businesses in Sol Plaatje Municipality that are affected by the closure of Bultfontein Road on 4 March 2008 in terms of the Disaster Management Act, Act 57 of 2002; if not, why not; if so, what are the relevant details? NW1385E

Reply

A legal opinion regarding liability as referred to in the relevant question is first to be obtained.

QUESTION NUMBER 1226

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 April 2010

(INTERNAL QUESTION PAPER NUMBER 10)

1226. Mrs J D Kilian (Cope) to ask the Minister of Mineral Resources:

REPLY

The Department of Mineral Resources was not involved in the closure of the Bultfontein Road referred to above.

QUESTION NO: 1227

DATE OF PUBLICATION: 10 March 2010

QUESTION PAPER NO: 19

DATE OF REPLY: 30 April 2010

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) (a) When did his department complete its policy process with regard to fixed number portability, (b) what is the aim of this policy, (c) why did the Independent Communications Authority of SA (ICASA) (i) decide on a phased approach with blocks of one thousand and ten thousand numbers and more and single fixed line portability only in a second phase and (ii) not allow groups of fewer than a thousand numbers;

(2) Whether the ICASA approach was in line with this policy; if not, why not; if so, what are the relevant details;

(3) Why (a) did ICASA postpone the implementation of fixed number portability from 18 March to 26 April 2010 and (b) does ICASA, as per their media release of 17 March 2010 (details furnished), only consult some service providers (names furnished);

(4) Whether he has found that the alleged apparent non-competitive practices of the regulator will have a negative impact on a further reduction in telecoms costs; if not, why not; if so, what are the relevant details;

(5) Whether it is accepted policy that ICASA should consult Telkom in a matter that would impact negatively on their business if customers ported to other service providers; if not, what is the position in this regard; if so, what are the relevant details? NW1386E

REPLY

(1) (a) the regulations for number portability were published on 25 September 2005;

(b) the aim of the regulations is to promote competition by providing subscribers with the opportunity to switch from one operator to another without losing their numbers. The overall objective is to promote consumer choice.
(c) (i) the Regulator was bound by policy to embark on a phased approach on specified three types of number porting; block geographic number porting, individual geographic number porting and mobile number porting. At the time when the regulations were promulgated Telkom was the only existing licensed fixed line operator. Neotel was later licensed as the second national operator but not yet operational. it was therefore impossible to implement geographic number portability based on a single player during that time (Telkom). (ii) ICASA was bound by the regulations as published;

(2) Yes, ICASA's approach was in line with policy, please see (1)(c)(i) above;

(3) It should be noted that the implementation of fixed number portability was not postponed but it was only the implementation date of the last phase (individual numbers porting) that was extended by four weeks (from 18 March 2010 to 26 April 2010);

ICASA postponedthe date based on the following reasons:

Before the individual number porting process can be effected, there are various technical testing requirements that should be met. This is amongst others to ensure that participating operators are capable of interoperating with one another. There are also administrative requirements required in terms of connection agreements which are facilitated through the Number Portability Company (a body set up by industry to facilitate porting for both mobile and geographic number porting). Given the pre-requisites for porting, technical tests revealed that none of the operators could have been ready by 18 March 2010 (original launch date for individual number porting). Neotel and Telkom specifically approached the Authority requesting the postponement. However when the Authority discovered that the readiness to port not only affected Telkom and Neotel, the decision to postpone by 4 weeks was communicated through a media release for broad reach.

(4) The Department does not promote non-competitive behaviour. Non-competitive behaviour affects affordability of services and goods. It is an objective of my Department to ensure affordable costs to communicate. We therefore are against any stumbling blocks towards the realisation of that objective.

(5) It is not policy, Icasa is bound by policy issued by the Minister and its own regulations in this regard.

QUESTION NO.:1228

DATE OF PUBLICATION: 19 April 2010

1228. Ms C M P Kotsi (Cope) to ask the Minister of Public Enterprises:

Whether her department has identified key areas which will mostly be affected by Transnet's project in the Northern Cape to contribute 54% of the province's gross domestic product by 2018; if not, why not; if so, what are the relevant details? NW1388E

REPLY

The study measured the impact on both the national and provincial economy of Transnet's 2009/10 five-year R80bn infrastructural investment programme. The gross domestic product (GDP) impact on the national economy, once the full potential of this Transnet investment is realised in 2018, would be R113bn, and 576 000 employment opportunities would be created.

The macro-economic impact of Transnet investment programme has been measured in terms of:

· the direct and indirect impacts that will occur in the transport and associated input supplier sectors, and the induced impact that will result from the payment of salaries and wages in the direct and indirect sectors throughout the broader economy;

· the 'spin off' developmental impact that will occur in sectors that are highly dependent on Transnet's transport infrastructure as a result of increased exports in these sectors due to the fact that additional export volumes can be handled by Transnet's upgraded and expanded capacity.

· the impact of cost savings that will be generated as a result of a switch from higher-cost road transport to lower-cost rail transport, and

· the impact of the cost savings that will be generated from the ability to channel additional imports through upgraded/expanded South African ports.

It is important to recognise that the results of the Transnet macro-economic impact study reflect cumulative macro-economic contributions between 2008 and 2018, i.e. the value of cumulative additional GDP added between 2008 and 2018, the number of cumulative employment opportunities created between 2008 and 2018.

Transnet's planned five-year investment from 2009/10 in rail infrastructure on the Sishen-Saldanha iron-ore line in the Northern Cape was R9bn. The Transnet macro-economic impact study found that the planned investment will contribute 54% to the Northern Cape GDP (calculated as the value of cumulative additional GDP added between 2008 and 2018 as a percentage of the 2008 Provincial GDP) and will create 57 463 employment opportunities in the province by 2018. The investment will increase the export of iron ore from South Africa from 47m tons per annum to 61m tons per annum by 2015.

The aforementioned investment in rail does not include the branch lines in the Northern Cape. These are the railway lines of Calvinia-Hutchinson, Belmont-Douglas and Upington-Kakamas. These branch lines will be concessioned to private sector operators in 2010/11 and further investment and employment opportunities may arise from concessioning.

QUESTION No 1229

Question

Mr T Botha, MP (COPE) to asked the Minister of Human Settlements:

(1 ) Whether his department has developed a strategy to curb the sale of affordable, low-cost, state-funded houses to (a) local and (b) foreign buyers; if not, why not; if so, what measures are in place to curb this occurrence?

Reply

Yes. The Housing Act, 1997, (Act No 107 of 1997) was amended in 2001 to prevent the sale of subsidy financed properties by beneficiaries for a period of eight years. In terms of the section 10A of the Housing Act, 1997 J beneficiaries of subsidy financed properties may not sell or otherwise alienate their dwellings or sites within a period of eight years from the date on which the property was acquired by them unless the sites or dwellings are first offered to the relevant provincial government. Beneficiaries are therefore not at liberty to dispose their subsidy financed properties other than to the Provincial Government, which transaction is concluded without any cost to the State.

However, I am aware of the fact that a substantial number of subsidy financed houses have been disposed off by their beneficiaries, notwithstanding the provisions of the Housing Act, 1997. These sale transactions were concluded in terms of informal agreements and the properties were not officially transferred to the buyers through the Deeds Office. It is therefore not possible to detect these illegal sale transactions and to enforce the provisions of the law.

However, my Department is currently conducting occupancy audits in order to identify the extent of the illegal sales. All anomalies detected during the said audit, are referred to the Special Investigating Unit for further investigations.

QUESTION NO: 1230

PUBLISHED IN INTERNAL QUESTION PAPER NO 10 OF 19 April 2010

Mr T Botha (Cope) to ask the Minister for Cooperative Governance and Traditional Affairs:

Whether he intends transferring the Municipal I nfrastructure Grant to the Ministry of Human Settlements which is directly responsible for built infrastructure; if not, why not; if so, (a) how and (b) when will this be done? NW1390E

Reply

The Ministry of Cooperative Governance and Traditional Affairs (CoGTA) has no intention or plans to transfer the Municipal Infrastructure Grant to the Ministry of Human Settlement. The MIG programme is correctly placed in CoGT A and the intergovernmental cooperation with Human Settlement and other departments such as Department of Water Affairs is sound to the realization of MIG objectives of increasing access to basic infrastructure services and enhancing local economic development.

QUESTION NO: 1231

PUBLISHED IN INTERNAL QUESTION PAPER NO 10 OF 19 April 2010

Mr. T. Botha (Cope) to ask the Minister of Cooperative Governance and Traditional Affairs:

Whether government had given serious consideration to the viability of municipal structures, with very large and costly councils, after the transfer of revenue generating water, electricity and solid waste services to regional government; if not, why not, if so, how were failing municipalities expected to manage escalating costs with diminishing revenues?

Reply

This department has given serious consideration to the viability of the municipal structures in that the turnaround strategy which has been approved by Cabinet is at phase 2 of developmental stage at municipal level. The viability of municipalities and revenue generation are critical priorities which are going to be addressed by the turnaround strategy during phase 3 of the turnaround strategy implementation stage.

Question 1232

Ms C M P Kotsi (Cope) to ask the Minister of Trade and Industry:

Whether his department has worked with other spheres of government to ensure coordination of Small, Medium and Macro Enterprises (SMME) support services; if not, why not; if so, (a) what effective networks have been established and (b) how effective has this been? NW1392E

Response:

The Department of Trade and Industry has worked, and continues to work with the 9 provincial departments and the concerned local governments (municipalities) to ensure successful and sustainable implementation of its Integrated Strategy on the Promotion of Entrepreneurship and Small Enterprises through coordinating the Small, Medium and Micro Enterprise (SMMEs) support services.

The Department of Trade and Industry has the Provincial Coordination Forum (PCF) which supports provinces and municipalities in the implementation of the dti's Integrated Strategy on the Promotion of Entrepreneurship and Small Enterprises. The PCF's core function is to promote integrated planning and implementation through provincial forums and Local Economic Development forums.

The PCF meets quarterly with the first meeting for 2010 held on the 14^th April. The Department of Trade and Industry facilitates all the meetings and provides the secretariat function. Meetings are chaired by the dti's relevant Deputy Director-General.

The PCF reports to the Heads of Departments Forum of MinMec. The PCF has worked on the coordination of the One-Stop-Shop concept. The concept will ensure strategic co-location of implementing agencies [Small Enterprise Development Agency (seda), Khula Enterprise Finance, South African Micro-Finance Apex Fund (samaf) and other relevant provincial entities] in provinces with a view to increase access to financial and non-financial support services to small enterprises.

Furthermore, in its attempt to engage with the provinces and municipalities, the Deputy Minister of Trade and Industry, Ms Maria Ntuli, visited all 9 provinces in an effort to engage with them and get direct feedback on the needs, concerns and challenges faced by provinces and municipalities. From the visits, the dti recently developed an approach which will ensure the strengthening of its provincial engagement through the nomination of the dti Chief Directors as provincial co-ordinations. The role of the provincial co-coordinators is to bring about improved project co-ordination between tiers of government as well as jointly addressing issues raised by Provinces. The Provincial co-coordinators meet every second month with the Deputy Minister to assess progress.

Further efforts to improve provincial outreach of the dti's support programmes include the establishment of strategic partnerships with universities in different provinces to nurture a culture of entrepreneurship. Such partnerships resulted in the launch of the Centre of Entrepreneurship in collaboration with the Wits Business School to achieve the development of core competencies in entrepreneurial education, create a sustainable entrepreneurial eco-system that promotes and nurtures entrepreneurial capacity in individuals, communities and organizations across South Africa. Some 305 students have been trained in entrepreneurship, and amongst the women group, 10% have taken some steps toward start-ups, while overall 80% have started businesses in the 12 months following completion of the programme.

Question 1233

Ms C M P Kotsi (Cope) to ask the Minister of Trade and Industry:

(1) Whether any regulatory reviews as stated by the Strategic Overview with regard to small, medium and micro enterprises (SMMEs) in the business environment have been undertaken; if not, why not; if so, what structures have been implemented;

(2) Whether the structures that have been implemented ensured sustainable SMME development; if not, why not; if so, what are the relevant details?NW1393E

Response:

In 2005 the Presidency mounted an investigation into the impact of regulations and their administration on growth and employment creation. During the investigation it consulted with business and labour, and the reports were presented to a forum of government business, labour and academia in September 2005.

The Presidency reported on findings to Cabinet in November 2005. Cabinet agreed that the Minister of Finance would continue to drive reforms in the administration of the taxation system, that the Minister of Labour would lead a review into labour regulations and their administration, that the Department of Provincial and Local Government would pursue interventions to encourage local governments to support policies and practices more amenable to the development of small and medium enterprises, and that selected sector departments would review their bodies of legislation from time to time.

Since that time the Minister of Finance has, in the February 2006 budget, announced several additional improvements in the administration of the taxation system which remove red-tape and support small business development, the Minister of Labour has hosted several discussions with business and labour on the impact of labour laws and their administration, and the Department of Provincial and Local Government has supplemented its already substantial Local Economic Development programme with preparations for an intervention to support the reduction of unnecessary red tape and generally improve the environment for small business development at the local government level.

It is within this context, therefore, that in our Medium Term Strategic Framework (2010-2013) we undertake to begin the process of setting up regulatory impact assessment (RIA) mechanism as a tool to monitor the business environment. This will be done in collaboration with the National Treasury and the Presidency.

QUESTION NO. 1234 INTERNAL QUESTION PAPER NO. 10 NW1394E

DATE OF PUBLICATION: 19 April 2010

Mrs H N Ndude (Cope) to ask the Minister of Water and Environmental Affairs:

Whether the Government is fully implementing the National Environmental Management: Waste Act, Act 59 of 2008; if not, why not; if so, which unauthorised (a) waste management practices have been arrested through the application of the Act, (b) waste disposal sites have been closed down and (c) disposal sites were requested to comply with the required standards?

Mrs H N Ndude (Cope) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1234. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

The National Environmental Management: Waste Act 2008, Act 59 of 2008 came into effect in July 2009 with the exception of Part 8 (section 35-41), section 28(7) (a) and section 46 of the Act. The reason is that Part 8 requires the Minister to develop norms and standards for the management of contaminated land which is work still in progress. Section 28 (7) (a) makes provision for any person to submit an industry waste management plan to the Minister for approval without being required to do so by the Minister or MEC. The Department is developing guidelines for such plans in order to ensure that they can be evaluated based on the same format and include all the required information. Section 46 gives the licensing authorities powers to require applicants at own cost and to appoint independent and suitable qualified persons to manage license applications. The Minister should first pass regulations defining such a person in accordance with section 69(w).

The responses set out below focus only on those cases being dealt with by the national department. The National Environmental Management: Waste Act is enforced by Environmental Management Inspectors at all spheres of government and this response does not cover actions taken by these other spheres of government.

The national department is in the process of receiving the statistics from the provinces that will feed into the Compliance and Enforcement annual report for 2009/2010. Once these have been reviewed and collated, it will be possible to understand better the types of enforcement actions the provinces have also been involved with, since the promulgation of the NEM: Waste Act in July 2009.

(a) Although a number of enforcement actions have been taken in terms of the NEM: Waste Act, arrests have only been effected in relation to the Welkom healthcare risk waste case. To date, seven arrests have been made and all accused have been released on conditional bail. Investigations in relation to this case are ongoing.

(b) Since the commencement of the Act, the national department has closed down four sites as a result of non-compliance with, inter alia, the NEM: Waste Act through the use of administrative enforcement notices. A notice was also issued to shut down a fifth facility in Klerksdorp. The recipient of the notice objected against the notice and asked for the instructions to be suspended. The Minister agreed to a conditional suspension and the facility is currently in a four month proof of performance period after which the Minister will make a final decision on closure of the facility based on emission results and other reports that need to be submitted.

(c) All existing waste disposal sites must comply with the requirements of the Waste Act, with the exception of the licensing of disposal site established prior to 1989. These are allowed to operate without a licence until the Minister requests them to apply (Section 80 (4). Note that through the use of administrative notices and warnings, the national department has instructed numerous parties (in excess of 30 since the commencement of the Act) to comply with various requirements of the NEM: Waste Act. Many of these facilities have come into compliance.

QUESTION NO. 1235 INTERNAL QUESTION PAPER NO. 11 NW1269E

DATE OF PUBLICATION: 26 April 2010

Mr N Singh (IFP) to ask the Minister of Water and Environmental Affairs:

(1) Whether any local/domestic United Nations Educational, Scientific and Cultural Organisation (Unesco)–listed World Heritage Sites are in danger of being delisted; if so, (a) which sites and (b) what are the reasons for the anticipated delistings;

(2) whether she intends taking any steps to ensure that these sites remain world heritage sites; if not, why not; if so, what steps;

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

Mr N Singh (IFP) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1235. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) There are no World Heritage sites in South Africa that are currently in danger of being delisted.

(2) No

(3) No

QUESTON NO. 1236

Mr. N Singh (IFP) to ask the Minister of Arts and Culture:

(1) Whether the Government is involved in the facilitation of any public or private function on the 16 November 2010 related to the anniversary celebrations of the arrival of the first Indian indentured labourers; if not, why not; if so, what are the relevant details;

(2) Whether she will include a multiparty team of South Africa parliamentarians of Indian origin to assist her in facilitating anniversary functions in conjunction with already established private formations, if not, why not, if so, what are the details?

NW1270E

REPLY

1. The department of Arts and Culture is in discussion with the Provincial government of KwaZulu-Natal and the 1860 Legacy Foundation amongst other partners and stakeholders. The plan is to host a national celebration commemorating the 150 anniversary of the arrival of indentured Indians in South Africa, on the 16 November 2010, in KwaZulu-Natal.

2. Once the plan is in place, the Department will engage Parliament on the anniversary celebrating for the 16 November 2010.

QUESTION NO 1237 NW1395E

DINSDAG 13 APRIL 2010

VRAAG: Mnr. PJ Groenewald (Vryheidsfront Plus) vra die Minister van Arbeid:

1. Of enige werkloosheidversekeringsgelde inbetaal is deur die Aurora mynmaatskappy vir sy bedrywighede in Orkney en Grootvlei, indien nie, wat die Departement daatomtrent gaan doen, indien wel, (i) van watter datum af, en (ii) vir hoeveel werknemers en (iii) watter kontrole uitgevoer is vir verifiering van die werknemers se betaling?

2. Of die Minister n verklaring oor die aangeleentheid wil maak?

Die Minister van Arbeid antwoord:

1. Nee, geen betaling ten opsigte van bydraes is tot op hede van die Aurora mynmaatskappy ontvang nie. Die Departement het n ondersoek geloods en het in hierdien verband n span saamgestel om die werkgewer behulpsaam te wees om aan die bepalinge van die Werkloosheidversekeringswet en die Werkloosheidversekerings Bydraewet te voldoen.

The Minister of Labour replied:

1. No, no payment has to date been received in respect of Unemployment Insurance Contributions. The Department is however in a process to determine the liability and has in this regard appointed a team to assist the Employer to comply with both the the Unemployment Insurance Act and the Unemployment Contributions Act.

2. The Minister will apply his mind.

QUESTION NUMBER 1238

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 April 2010

(INTERNAL QUESTION PAPER NUMBER 11)

1238 Mr P J Groenewald (FF Plus) to ask the Minister of Mineral Resources:

(1) Whether her department verified a certain mining company's (name furnished) capacity to run a mine with regard to its operations in Orkney and Grootvlei when it was awarded a licence; if not, why not; if so, (a) what criteria were applied and (b) to what extent were these criteria complied with;

(2) whether she will make a statement on the matter? NW1396E

Response

(1) Based on the granting criteria of Section 23 of the MPRDA and documentary information submitted by the said mining company at the time of application of the Mining Right, The Minister considered the following:

(a) That the applicant submitted documentary proof that they had access to financial resources to run the mine;

(b) That the applicant demonstrated (through a mining work programme) that they had the technical ability to mine optimally;

(c) That the applicant submitted an Environmental Management Plan which demonstrated that the mining activity will not result in environmental degradation and that they had financial resources to rehabilitate the mining area

The Minister's decision to grant the mining right was based on proof of compliance with the above criteria

(2) During her budget vote to the National Council of Provinces on 21^st May 2010, the Minister made a statement on the matter.

QUESTION NUMBER 1238

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 April 2010

(INTERNAL QUESTION PAPER NUMBER 11)

1238 Mr P J Groenewald (FF Plus) to ask the Minister of Mineral Resources:

(2) whether she will make a statement on the matter? NW1396E

Response

(1) According to Department of Mineral Resources records, no mining rights were issued in favour of the company referred to in this question in respect of mining operations at Orkney and Grootvlei.

(2) See 1 above.

QUESTION NO: 1239

DATE OF PUBLICATION: 23 April

QUESTION PAPER NO: 11

DATE OF REPLY: 10 May 2010

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) (a) Which appointments were made to the senior structure of his department since October 2009, (b) which vacant posts were filled, (c) for what period did each vacancy exist and (d) what is (i) the name, (ii) academic qualification and (iii) relevant experience of every new staff member;

(2) in which media did his department advertise the vacancies;

(3) whether his department makes use of a recruitment agency; if not, why not; if so, (a) which agency, (b) what are the relevant details with regard to each position for which recruitment consultants were used and (c) what moneys were paid to recruitment agencies since October 2009;

(4) (a) which of the new incumbents were headhunted and (b) what are the reasons for headhunting each such person;

(5) whether any staff members in senior management positions moved to other positions; if not, what is the position in this regard, if so, what are the (a) reasons for each redeployment and (b) further relevant details? NW1397E

RESPONSE:

(a) Appointments of Senior Management posts since October 2009: 1 Special Advisor, 4 Directors and 3 Chief Directors

(b) Chief Director: DG's Office, Chief Director: Ecomonic Analysis and Market Modelling, Directors: Legal Services; Gender, Internal Audit and Parliamentary Officer.

(c) There is a priority list of critical vacant posts compiled by the Department in 2008 which was used for the filling of posts. This list continues to guide the Department is the current excersize to fill the positions referred above. Due to financial constraints and structural anomalies(staff additional to the structure), not all posts could be filled by end March 2010.

(d)(i)(ii)(iii) The requested information cannot be disclosed without consent from affected parties.

2. The Sunday Times.

3. (a) All advertisements of posts in the media are done through recruitment agencies and it is a common practice in the public service. The agencies are appointed on contract by the Department. The disclosure of the name of the recruitment agencies which is confidential information of a third party, could prejudice the future supply of such similar information or information from the Minister.

(b) All adverts are based on inherent requirements of the post and were advertised as such.

4. (a) One position of Chief Director was headhunted.

(b) No suitable candidate could be shortlisted from the applications received during the advertisement process. In terms of section C.2.6 of the Public Service Regulations, an executing authority may utilize an appropriate agency to identify candidates for posts, as long as the advertising and selection procedures comply with regulations VII, C and D(Recruitment and Selection).

5.(a) Two staff members were moved to other positions. The Public Service Act of 1994, as amended, confers power and authority to the Head of the Department who also has contractual agreement with members of senior management services to move employees elsewhere for the purposes of improving service delivery.

(b) Reasons as in 5(a) above.

QUESTION 1240

FOR WRITTEN REPLY

Date of publication on internal question paper: 26 April 2010

Internal question paper no:

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

What mechanisms are in place to ensure that the extension of the Child Support Grant to children of 18 years old is communicated in the provinces? NW1399E

REPLY

SASSA employs a number of mechanisms to advise community members and potential applicants about any changes in legislation, including the extension of the qualifying age for child support grants. These mechanisms include:

· Updating the information booklet "You and Your Grants," which is distributed to NGOs, clinics, schools, at outreach programmes and is freely available at any SASSA office.

· Regions have been requested to liaise with their social partners and other stakeholders to ensure that the information is widely available. The stakeholders include local and traditional leaders; representatives from paralegal and welfare organisations; and leaders from the Churches.

· Training of all staff, making them aware of the changes.

· A circular was sent to all regions confirming the changes and implementation date, as well as the processes to be followed for applications.

· General communication, through the written or electronic media. Every opportunity is used to ensure that the information is available through newspapers, radio and television programmes.

Source: South African Social Security Agency

QUESTION 1242

FOR WRITTEN REPLY

Date of publication on internal question paper: 26 April 2010

Internal question paper no 11

Mr. RB Bhoola (MF) to ask the Minister of Social Development:

What is the situation where a child has completed her basic education and is advancing in tertiary education and has not reached the age of 18 at the time he or she enrols for tertiary education; with the same chance to qualify for the child support grant? NW1401E

REPLY:

Honourable Member,

The Regulations made in terms of the Social Assistance Act, 2004, (Act No 13 of 2004) makes provision for children who have completed their basic education (grade 12) before their 18^th birthday to continue receiving the child support grant (CSG) until they reach the age of 18 years. This proviso extends to any child who enrols and attends an educational institution such as further education and training (FET) college or university.

QUESTION NO 1243

Adv A de W Alberts (FF Plus) to ask the Minister of Trade and Industry:

(1) What is the status of the copyright review project intended to bring national legislation up to date with international trends and best practice;

(2) whether the project also includes the .review of the Performers Protection Act, Act 11 of 1967; if not, why not; if so, what are the envisaged amendments;

(3) whether the envisaged amendments include the creation of royalties for repetitions with regard to visual and audiovisual media; if not, why not; if so, what are the relevant details?NW1402E

Response:

(1) A draft Intellectual Property Policy has been developed and is being taken through consultations in government and for approval by Cabinet, and thereafter to an internal briefing of Parliament.

(2) The review will be inclusive of both the Copyright Act, 1978 and Performers Protection Act, 1967, which are inter-related.

(3) The reform of royalties related to repetitions in visual and audio visual media will be informed by international best practices, including by developing countries and by consultation processes during this policy process.

QUESTION NO 1244

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 APRIL 2010

(INTERNAL QUESTION PAPER NO 11- 2010)

Date reply submitted : 18 May 2010

1244 Ms D Kohler-Barnard (DA) to ask the Minister of Police:

(1) Whether a certain person (details furnished) received any living/accommodation expense allowance; if not, why not; if so, what are the relevant details;

(2) whether he (a) received and/or (b) currently receives any state protection; if not, why not; if so, what are the relevant details;

(3) whether his residence had any additional security added while he was in his former position; if not, what is the position in this regard; if so, what (a)(i) was the total cost of the security measures and (ii) are the further relevant details and (b) was the total amount spent on items/upgrades;

(4) (a) on what legislative provision did the Commissioner of Police rely for the provision of state accommodation and (b) what are the conditions on which such accommodation is provided;

(5) whether any living or accommodation allowances were stopped on the day his contract expired; if not, why not; if so, what are the relevant details?

NW1403E

REPLY:

(1) The certain person did not receive any living/accommodation expenses allowance as Commissioner of Police. He was only entitled to a travel and subsistence allowance during his term in office according to Standing Order (F) 41 par. 3 which states the following:

"Subject to the conditions outlined in this Order and Regulations 22 and 23 of the Regulations, an employee is compensated for the following for the period which he or she was away from his or her station on official duty:

(a) the reasonable actual expenses which he or she incurred, and a special daily allowance for incidental expenses; or

(b) daily allowance for subsistence expenses."

(2) (a) He received a departmental driver as prescribed by Department of Public Service and Administration, Financial Manual E 1/2/1.

(b) No.

(3) As the then National Commissioner of the SA Police Service and the physical security risks to Comm Selebi, he needed to be protected and certain physical security measures had to be installed at his residence. The approval for the physical security measures was obtained from the then Minister of Safety and Security, the late Mr Steve Tshwete. An amount of R 57 312.00 was spent on these security measures.

(4) The certain person did not utilize state accommodation.

(5) No travel and subsistence expenses were paid to Mr Jackie Selebi after his contract expired.

QUESTION NO 1245

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 APRIL 2010

(INTERNAL QUESTION PAPER NO 11- 2010)

Date reply submitted : 18 May 2010

1245 Ms D Kohler-Barnard (DA) to ask the Minister of Police:

(1) (a) How many members of the SA Police Service are employed in the VIP Protection Unit and (b) how many vehicles are utilised by this unit;

(2) (a) how many individuals are currently receiving VIP protection and (b) what categories of people are entitled to VIP protection;

(3) (a) in which salary category do VIP (i) bodyguards and (ii) drivers fall and (b) what are the respective salary brackets in rand for these salary categories?

NW1404E

REPLY:

(1)(a) 1555.

(1)(b) 614.

(2)(a) 211.

(2)(b) The South African Police Service is tasked in terms of the Constitution of the Republic of South Africa to provide a VIP Protection Service to the Executive of South Africa both at National and Provincial levels as set out in Cabinet Memorandum 1A of 2004 dated 10 November 2004 which includes Ministers, Deputy Ministers, National Speaker, Deputy National Speaker, Chairperson of the National Council of Provinces, Deputy Chairperson of the National Council of Provinces, Members of the Executive Councils, the Chief Justice, the Deputy Chief Justice, the President of the Supreme Court of Appeal, Speakers of various Provincial Legislatures, Deputy President of Supreme Court of Appeal and Judge Presidents.

(3) Bodyguards and drivers fall in the following categories within the mentioned salary brackets (only basic salary):

Constable R 74,452.00

Sergeant R119,514.00

Warrant Officer R149,874.00

Captain R189,636.00

Lieutenant Colonel R238,872.00

Colonel R432,729.00

QUESTION 1246

Mr D.J. Maynier to ask the Minister of Defence and Military Veterans:

1. Whether in the light of the public statements made by Lieutenant Commander Bheki Mvovo, President of the South African Security Forces Union, concerning the Chief of the South African Navy, Vice-Admiral Refiloe Mudimu, any disciplinary action was taken; if so (a) what disciplinary action was taken and (b) what was the outcome of such disciplinary action; if not, why not? NW 1405E

---oooOooo---

REPLY

1. The Department of Defence has initiated actions against Lieutenant Commander Mvovo in a twofold manner.

a.b. First, regarding the specific comments directed against Vice-Admiral Mudimu, the SA Navy has investigated the matter, and subsequently initiated the formal disciplinary process. The requisite documentation has been submitted to the Legal Satellite Office in Simon's Town for further processing. The nature of the final outcome of this disciplinary action is awaited, and will be determined by the due administrative / legal process.

Second, regarding the comments made by Lieutenant Commander Mvovo subsequent to the illegal protest action of members of the South African Security Forces Union and other members in August 2009, the Department of Defence secured an interdict against, inter alia, the South African Security Forces Union and Lieutenant Commander Mvovo on 02 September 2009. The interdict, awarded by Judge Bill Prinsloo (case 53941/09), instructs the proponents to desist from making inflammatory statements intended to incite mutiny, revolt and illegal behaviour.

QUESTION 1247

1. Mr D.J. MAYNIER (DA) TO ASK THE MINISTER OF DEFENCE AND MILITARY VETERANS:

Whether her department budgeted for the entertainment expenses of senior management members in each of the (a)(i) 2004-05, (ii) 2005-06, (iii) 2006-07, (iv) 2007-08, (v) 2008-09 and (vi) 2009-10 financial years and (b) during the period 01 April 2010 up to the latest specified date for which information is available; if not, why not; if so, (a) what was the total amount spent in respect of each specified financial year in respect of each specified senior management member and (b) what is the breakdown of the total amount spent in each specified financial year? NW1406E

2. REPLY

a. The Department budgeted for entertainment expenses for the financial years mentioned. This expenditure is managed in terms of National Treasury guidelines.

b. Tabled below the categories spent for the years requested:

Sn	Categories of Entertainment Expenses	Paid 2004 Rm	Paid 2005 Rm	Paid 2006 Rm	Paid 2007 Rm	Paid 2008 Rm	Paid 2009 Rm	Paid 2010 Rm
	a	b	c	d	e	f	g	h
1	Service and Divisional Chiefs (SMS members)	0,910	1,060	2,739	2,334	1,645	1,415	0,006
2	Corporate Liaison	1,171	1,151	1,385	2,485	3,876	4,681	0,135
3	Foreign Military Attachés (Missions)	0,952	0,817	0,692	0,995	0,856	0,900	0
4	Total	3,033	3,028	4,816	5,814	6,377	6,996	0,141

QUESTION NUMBER: 1248

DATE FOR PUBLICATION: 26 April 2010

DATE REPLY SUBMITTED: 13 MAY 2010

The Leader of the Opposition (DA) to ask the Minister in the Presidency: Performance Monitoring as well as Administration in the Presidency

Whether the strategic plan of the Anti-Corruption Committee that was scheduled to have been finalised in January 2010 has been finalised; if not, (a) why not, (b) when will it be finalised and (c) when will it be made available to the public; if so, (i) when was it finalised, (ii) when will it be made available to the public, (iii) what are the details of the plan and (iv) where can copies of the plan be obtained?

NW1407E

REPLY:

The Inter-Ministerial Committee on Anti-Corruption, has been engaging relevant stakeholders and will report to Cabinet on its work. Cabinet will then communicate on the report.

QUESTION 1249

FOR WRITTEN REPLY

Date of publication on internal question paper: 26 April 2010

Internal question paper no 11

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

(1) Whether the electronic integration system that is used to share conviction information among the Departments of Justice and Constitutional Development, Police and Social Development is fully operational; if not, (a) why not and (b) when will it be fully operational; if so, what are the relevant details;

(2) whether she has put any mechanisms in place to fast-track the system; if not, why not; if so, what mechanisms;

(3) whether her department informed the NGOs working with children of the Child Protection Register and the National Register for Sex Offenders; if not, why not; if so, what are the relevant details? NW1408E

REPLY:

(1) No,

(a) The Department of Social Development has developed an electronic system for the capturing of information on convictions as part of the Child Protection Register Part A and B. This is consistent in terms of sections 111 and 112 of the Children's Act (No. 38 of 2005). Sections 113 and 114 of the Act provides for the sharing of information amongst the departments. The Departments of Justice and Constitutional Development, South African Police Services, as well as Department of Social Development, have developed individual systems in respect of their legislative requirements. Despite the ongoing consultations, the final integration of the electronic system will be completed within eighteen (18) months as per the Children's Act, as pointed out recently to the Honourable Member's response to the same question during debates in the National Assembly.

(b) Integration of systems can only be operational on the finalisation of the Integrated Justice System (IJS). This system is managed by the Department of Justice and Constitutional Development. Until this system is operational the information will be shared through a manual system.

(2) Yes, the Department of Social Development as part of the mechanisms to fast track the system, has already submitted the system requirements to the Departments of Justice and Constitutional Development and South African Police Services, for the purpose of integration. The department has also submitted a Memorandum of Understanding which is currently receiving attention by the Department of Justice and Constitutional Development for approval by the State Law Advisors. The Memorandum of Understanding focuses on both the manual and electronic integration systems for the sharing of information on convictions and court outcomes among the departments. Additionally regular bi-lateral meetings are held with the Department of Justice and Constitutional Development on the implementation of both the above mentioned registers.

(3) Yes, the non-governmental organisations working with the children have been informed about the Child Protection Register. The non–governmental organisations (NGOs) participate in the National Child Protection Committee meetings and Child Protection forums, to ensure that the legislation on children and the Child Protection Register in particular, is properly implemented. The Department of Justice and Constitutional Development is also part of the above committees, where they get an opportunity to discuss the implementation of the National Register for Sex Offenders with the non-governmental organisations dealing with child protection issues.

Regulation 33 of the Children's Act (No. 38 of 2005), as Amended, obligates the department and the designated child protection organisations to report cases of abuse to the Child Protection Register. These reports are completed in prescribed Forms 22 and 23. The designated child protection organisations have been reporting on Part A of the Child Protection Register since 2004.

Please see Annexure

QUESTION 1250

QUESTION FOR WRITTEN REPLY

1250. Ms M R Shinn (DA) to ask the Minister of Energy:

(1) Whether there are any incentives or programmes in place to encourage municipalities to implement energy-saving lighting systems for streets and motorways; if not, why not; if so, (a) what are the details of these incentives or programmes, (b) how are they financed, (c) for what time period will the incentives be in place, and (d) which municipalities (i) have and (ii) have not implemented the programmes;

(2) Whether the programme recommends that compact fluorescent lights be replaced with high-pressure sodium lights; if not, why not; if so, what are (a) the reasons and (b) the further relevant details? NW1409E

Reply

1(a) Yes, there are incentives and Energy Efficiency programmes implemented by 19 municipalities which include World Cup host cities, and those with high load centres. These programmes are financed through the fiscal allocations as well as the incentive from the tariff as approved by NERSA through the MYPD2.The total amount allocated from the Fiscus is R980m while NERSA approved an amount of R5.4bn for national EEDSM programmes for three years.

(b) The fiscal allocations are allocated through the Division of Revenue Act and the NERSA incentive is based on the standard offer model. (c)The fiscal programme started in 2009/10 and will end in 2011/12 while NERSA incentive started 2010/11 and will continue into the future.

(d)(i) The following municipalities are busy with implementation: Tshwane, Johannesburg, Ekhurhuleni, Mossel bay, Hassequa, Eden, Kannaland, George, Bitou,Mbombela,Rustenburg,Ethekwini, Buffalo City,Nelson Mandela Bay, Mangaung, Polokwane, Cape Town and Ladysmith

(ii) Msunduzi Municipality has not started with the programme and it is understood that this is due to administrative and management challenges within the municipality.

2 (a). The programme is aimed at retrofitting the street lights with efficient technologies. Most of these municipalities have opted to replace mercury vapour lamps with a combination of High Pressure Sodium and Compact Fluorescent Lights.

2010-05-03

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