Questions & Replies: Questions & Replies No 1126 to 1150

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2010-05-05

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QUESTION 1126

Mr D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:

(1) With reference to the 2008 annual report of the National Conventional Arms Control Committee, (a) what is the (i) type, (ii) quantity and (iii) total value of the conventional weapons samples exported to Guinea, (b) what was the (i) purpose and (ii)(aa) date of export and (bb) date of import of the conventional weapons samples, (c) what is the name of the person who authorised the deal and (d) on what date(s) was the deal (i) authorised and (ii) ratified;

(2) whether it is the Government's policy to export samples of conventional weapons to countries with military governments; if not, what is the position in this regard; if so, what are the relevant details? NW1282E

REPLY:

The samples exported to Guinea in 2008 were 5 x Bullet Proof Vest samples and 10 x Ceramic Plate samples, free of charge for test purposes. The permit was approved by the NCACC and issued for export in September 2008. In Approving exports for conventional arms, the NCACC is guided by the provisions of the National Conventional Arms Control Act as well as guiding principles and criteria as contemplated in the Act.

QUESTION 1127

Mr D J Maynier (DA) to ask the Minister of Justice and Constitutional Development:

(1) With reference to the 2008 annual report of the National Conventional Arms Control Committee, (a) what is the (i) type, (ii) quantity and (iii) total value of the conventional weapons donated to Madagascar, (b) what was the (i) purpose and (ii) date of export of these weapons, (c) what is the name of the person who authorised the deal and (d) on what date(s) was the deal (i) authorised and (ii) ratified;

(2) whether it is the Government's policy to donate conventional weapons to countries in conflict and instability; if not, what is the position in this regard; if so, what are the relevant details? NW1283E

REPLY:

The donation to Madagascar was Communication Equipment, donated free of charge by the South African National Defence Force to Madagascar and the rest of SADC countries. The export of the equipment was authorised by the NCACC for export in October 2008. In Approving exports for conventional arms, the NCACC is guided by the provisions of the National Conventional Arms Control Act as well as guiding principles and criteria as contemplated in the Act.

QUESTION 1129

WRITTEN REPLY

Mr T.W. Coetzee (DA) to ask the Minister of Defence and Military Veterans:

1. (a) How many Gripen Advanced Light Fighter aircraft have been delivered and what is the (i) optimal number, (ii) actual number and (iii) shortage/surplus in terms of (aa) operational pilots, (bb) flying hours and (cc) budget required to operate the aircraft in the (aaa) 2010 – 11, (bbb) 2011-12 and (ccc) 2012-13 financial years? NW1286E

REPLY

The information required is classified and we may not make this public. However, the Honourable Member is advised to raise this request with the Joint Standing Committee on Defence and Military Veterans

QUESTION 1130

Mr T.W. Coetzee (DA) to ask the Minister of Defence and Military Veterans:

(a) How many Hawk Lead in Fighter Trainer aircraft have been delivered and (b) what is the (i) optimal number, (ii) actual number and (iii) shortage/surplus in terms of (aa) operational pilots, (bb) flying hours and (cc) budget required to operate the aircraft in the (aaa) 2010-11, (bbb) 2011-12 and (ccc) 2012-13 financial years? NW1287E

REPLY

The information required is classified and we may not make this public. However, the Honourable Member is advised to raise this request with the Joint Standing Committee on Defence and Military Veterans

QUESTION NO: 1131

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

(1) Whether she has terminated temporary social workers' contracts at the end of March 2010; if not, what is the position in this regard; if so, (a) how many contracts were terminated, (b) what are the reasons for terminating the contracts and (c) how will this decision affect the rehabilitation of inmates in the affected centres;

(2) Whether she has formulated a plan for amnesty for inmates; if not, why not; if so, (a) what are the categories of inmates who qualify for this plan, (b) how many inmates qualify for this plan and (c) when will the plan be implemented?

NW1288E

REPLY

(1) The Department does not employ social workers on a contract basis. However, social workers may be employed as periodic social workers in the event of a need.

(a) Contracts of three (3) social workers employed as periodic social workers were terminated at the end of March 2010.

(b) As indicated they are employed periodically to address a specific need

(c) Unavailability of Social Workers at any of the centres will certainly affect rehabilitation process negatively. However; it should be noted that Social Work Services is but one of the services required for rehabilitation broadly.

(2) The Department is not currently considering amnesty for inmates. However; I have appointed a Ministerial Task Team to audit various categories of inmates with a view to determine backlogs in reclassifications and parole considerations and other relevant details.

QUESTION NO 1132

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 APRIL 2010

(INTERNAL QUESTION PAPER NO 10- 2010)

Date reply submitted: 14 July 2010

1132. Ms D Kohler-Barnard (DA) to ask the Minister of Police:

(a) How many SA Police Service members have been (i) arrested (ii) charged and (iii) convicted of drunk driving in each of the past 10 years and (b) how many are still employed within the SAPS? NW1289E

REPLY:

I have briefed all political parties on the processes that are currently being undertaken by the department with regard to an audit currently being undertaken in the department with regard to criminality. I also explained that we wanted this audit to be as comprehensive as possible. I have asked for parliamentarians to wait until the completion of this process, which will include offenses linked to drunk driving, after which time I will inform parliament on the final outcomes.

In the interim, I have requested the National Commissioner, General Cele, to look seriously at the issue of police officers who may have been involved in offenses related to alcohol abuse and to also develop and comprehensive approach and strategy to address this problem. This approach and strategy will need to address both a wellness approach as well as improving and fine-tuning how we handle our disciplinary procedures.

QUESTION NO 1133

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 APRIL 2010

(INTERNAL QUESTION PAPER NO. 10)

1133. Mrs A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether she has been informed of any functionality problems at sewage treatment plants in the Buffalo City Municipality; if so, (a) what are the relevant details and (b)(i) how and (ii) when will the problems be resolved;

(2) whether the rivers and coastal waters into which sewage treatment works in the Buffalo City Municipality discharge are monitored regularly; if not, why not; if so, what have the results of this monitoring shown;

(3) whether her department has issued any notices to the Buffalo City Municipality in terms of section 19(3) of the National Water Act, Act 36 of 1998, since 1 January 2008; if not, what is the position in this regard; if so, what are the relevant details;

(4) whether, with reference to the regulations for the erection, enlargement, operation and registration of water care works published under No. R.2834 of 27 December 1985, all water care works in the Buffalo City Municipality comply with the minimum requirements with regard to staff (a) complement, (b) educational qualification and (c) experience; if not, (i) which water care works do not comply with the requirements and (ii) what are the details of the noncompliance in each case;

(5) whether the sewage treatment plants in Buffalo City Municipality are included in the Green Drop report; if not, why not; if so, what are the relevant details of the assessment? NW1290E

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REPLY:

(1)(a) Yes, my Department is aware that certain Wastewater Treatment Works (WWTWs) such as King William's Town, Bhisho and Breidbach oxidation ponds, Central works and Gonubie works are operating beyond their design capacity.

(1)(b)(i) The Schornville, Bhisho & Breidbach WWTWs will be accommodated in the Regional Works planned at Zwelitsha. This is a R400 million project over four years and the first phase of this regional scheme is due to commence.

The diversion of load from Central to Reeston WWTW is a R80 million project over two years. Project planning is complete and ready for tender.

The upgrade of Gonubie WWTW has one further phase costing R55 million and should take one year. The project is at appointment of contractor phase.

(1)(b)(ii) The time frames for Zwelitsha Regional works is four (4) years, for Central diversion is two (2) years and Gonubie upgrade is one (1) year.

(2) Yes, there is regular monitoring of the Buffalo, Yellowwoods and Nahoon Rivers. The water quality varies from fair to poor depending on season, rainfall and runoff. Recently, my Department has started sampling the coastal and urban streams, where elevated levels of fecal coli forms have been found.

(3) Yes, my Department has issued a letter / notice of non-compliance on 31 March 2010 along with the first order assessment report for Buffalo City WWTWs.

(4) Most of the WWTWs in Buffalo City do comply with the minimum requirements with regard to staff compliment. The details of this record are reflected in Annexure A

(5) Yes, the WWTWs were included in the Green Drop assessment; however, the Green Drop Report has not yet been released.

ANNEXURE A

Buffalo City Local Municipality: Summary of WWTW with staff requirements based on Regulatory Requirements (Regs 2834) as compared to actual staff resourcing

WWTW

Class

Staff Capacity Regulatory Requirement (Regs 2834)

Current Situation - Existing Capacity: Staff Employed on Works (Supervisor / Process Controller, & registered class e.g.: class V operator etc)

Supervisor

Supervisor: (number Employed)

Supervisor: (Actual class)

Supervisor: (Number employed)

Process Controllers: (Class)

Process Controllers: (Number)

Amalinda/Central

D

Class V

Class IV

Class IV*

1*

Class 0

1

Berlin

D

Class V

Class II

Class II

1

Bisho Ponds

D

Class V

Class II

Class V *

1*

0

Breidbach Ponds

D

Class V

Class II

Class V *

1*

NI

0

Dimbaza

C

Class V

Class III

0

Class II

2

East Bank

A

Class V

Class III

Class V

2

Class Iv
Class II
Class 1

5

Gonubie

C

Class V

Class III

Class V

1

Class IV

1

Kayser's Beach

E

Class V

Class I

Class IV*

1*

0

Kidds Beach

E

Class V

Class I

Class IV*

1*

Class IV

0

Mdantsane East

C

Class V

Class III

Class V

1

Class I
Class II

3

Mdantsane West/ Potsdam

C

Class V

Class III

Class III

1

Class II

2

Reeston

C

Class V

Class III

Class V

1

Class IV

1

Schornville/ KWT

B

Class V

Class IV

Class V

2

Class IV

4

West Bank /Hood Point Marine Outfall

C

Class V

Class III

Class IV

1

0

Zwelitsha

C

Class V

Class III

Class IV

1

Class I
Class II
Trainee's

2

Current Employed - C & NC

12

27

NI – No information available from the WSA

1* - denotes part time availability

QUESTION NO: 1134

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

(1) Whether any inmates were used to construct facilities such as recreational halls and houses; if not, what is the position in this regard; if so, (a) how many, (b) at which centres and (c) what was the cost saved by her department;

(2) whether her department is planning to sign any other Memorandums of Understanding with the Department of Education which will enable prisoners in provinces other than Gauteng to paint, repair and where necessary renovate school buildings and furniture; if not, why not; if so, what are the relevant details? NW1291E

REPLY:

(1) Yes, the Department has used offender labour in various infrastructure projects. The table attached illustrates the centres where offender labour was used, the number of inmates that were used and the costs that were saved by having made use of offender labour within the mentioned projects.

(a) (b) (c)

(2) Yes. The department is exploring possibilities of expanding to other regions and have a signed Memorandum of Understanding with the Department of Education. However; there are regions who have adopted schools as an initiative in the absence of the Memorandum of Understanding.

QUESTION 1135

DATE OF PUBLICATION: Monday, 19 April 2010

INTERNAL QUESTION PAPER NO 10 of 2010

1135. Mr M Mnqasela (DA) to ask the Minister of Home Affairs:

(1) Whether any South African citizens have fallen victim to being falsely married to unknown people and are recorded as being married without their knowledge in the past ten years; if not, what is the position in this regard; if so, (a) how many and (b) how many cases (i) have been reported to her department and (ii) are being investigated by (aa) her department and (bb) the SA Police Service;

(2) whether there are any children currently sharing the same birth certificate with other children; if not, what is the position in this regard; if so, (a) how many and (b) how many cases (i) have been reported to her department and (ii) are being investigated by (aa) her department and (bb) the SA Police Service;

(3) whether any persons have (a) overstayed or (b) contravened their visas between 1 January 2004 and 31 March 2010; if so, (i) how many in each year and (ii) what action has been taken in each case;

(4) (a) how many foreigners are currently in South Africa on (i) work and (ii) study permits and (b) in which provinces are they? NW1292E

REPLY

(1) Background

The problem of fraudulent marriages was discovered in early 2000's, wherein South Africans found themselves married to strangers. As the situation in South Africa stabilises, and its economy grows, the country will continue to become the favourite destination for many people across the globe who seek greener pastures, and safe places of abode. Evidently, this migration to the South will bring attendant problems, such as violation of our citizenship acquisition processes. This problem is, further, compounded by our present situation of unemployment, and rampant poverty.

The common causes of fraudulent marriages are:

Marriage of convenience

The victim would agree to enter into holy matrimony with a foreigner, seeking South African citizenship, in exchange for monetary compensation. In cases, where the foreigner does not honour his/her part of the bargain the victim would, then, claim that the marriage took place without his/her knowledge. In cases, where the transaction is honoured the victim will approach the offices of Home Affairs, ostensibly to apply for a new Identity Document, claiming that his/her ID is lost. When records are retrieved, and show that the applicant is married, he/she will, then, claim that the marriage took place without his/her consent, and, then, seek annulment (marriage expunged). Often, when this scam happens, the foreigner has by, then, already, obtained citizenship and/or permanent residence in the country.

Employment agencies

Victims, often, claim that bogus employment agencies request that they submit copies of their Identity Documents, ostensibly to process job placements for them. The victim will, then, later discover by "accident" when he/she processes some transaction, either, in the public service, or the private sector, that he/she is married.

Crime Syndicates

These are well-organised syndicates that are assisted by corrupt officials; corrupt religious leaders, and unscrupulous Marriage Officers. They take full advantage of poor controls, and the lack of basic amenities, and office equipment to fraudulently process details of South Africans, and marry them to foreigners without their knowledge.

(a) 6 769 cases were reported, as from 2007 to April 2010.

Year

Cases reported

2007

2,114

2008

2,185

2009

1,916

2010 (April )

554

Grand total

6,769

(b)(i) 6 769 cases were reported. Of these cases, 5 205 cases were finalised.

Year

Expunged

Referred to court

Total finalized per year

2007

1,671

349

2,020

2008

960

257

1,218

2009

1,118

426

1,548

2010 (April )

234

185

419

Grand Total

3,983

1,217

5,205

(b)(ii) (aa) 1 564 cases are under investigation within the Department .

Year

Under Investigation

2007

94

2008

967

2009

368

2010 (April )

135

Grand total

1,564

(b)(ii) (bb) The Department does not refer cases to SAPS. However, the Department has its own Internal Counter Corruption Unit, which investigates these cases.

(2) No. None have been brought to the attention of the Department. All children are registered through the National Population Register system, and are allocated with an ID Number. The system (NPR) is designed in a way that does not allow the sharing of birth certificates. The Department has, also, embarked on the process of redesigning its processes, in order to close any loopholes in the birth registration process. These include the upgrading of the security features on the National Population Register system, and the certificate.

2 aa Not applicable

2 bb Not applicable

(3) Yes.

(3)(a) & (b) The information is provided in the table, below:

Year

Overstayed / contravened

Action taken

2004

1 165

1 165 deported

2005

1 112

1 112 deported

2006

1 093

1 093 deported

2007

2 180

1 310 deported, and 807 fined

2008

2 115

1 175 deported, and 940 fined

2009

4 007

3 076 deported, and 931 fined

2010 up to & including
31 March 2010

1 202

915 deported, and 287 fined

Total

12 874

(4) The Department's Movement Control System is unable to generate reports on the number of work permit and study permit holders who are currently in South Africa. The Department of Home Affairs is able to provide statistics on the number of work permits and study permits applied for and issued for a specific period.

QUESTION NUMBER 1136

DATE OF PUBLICATION: 19 APRIL 2010

Mr S J F Marais (DA) to ask the Minister of Finance:

Whether National Treasury will support all the macro-economic and fiscal implications of the 2010-11 and 2012-13 Industrial Policy Action Plan (IPAP2); if not, why not; if so, what are the relevant details with regard to (a) the preferential procurement of locally-produced goods and services and (b) the funding and availability of lower interest rate development finance by the Industrial Development Corporation of South Africa Ltd (IDC) and other finance institutions for SMMEs?

NW1293E

REPLY

The Industrial Policy Action Plan for 2010-2013 provides an indication of areas that business, government and labour could intervene in the real economy in order to promote industrialisation and job creation. The plan is made up of individual projects that are at different stages of development. Some programmes such as the automotive production development programme, business process outsourcing and the programme for clothing and textiles have been in place for a number of years and already receive direct and indirect fiscal allocations. Some projects are still at early stages of research and the options for Government support are being debated. While there is no indication of a need for additional funding at this stage, projects, and the exact fiscal implications thereof will be assessed on a case-by-case basis as part of the annual budget process.

(a) The discussions regarding the utilisation of preferential procurement to support local industries are an example of work in progress. Preliminary discussions are taking place between the National Treasury and the Department of Trade and Industry on the alignment of the National Industrial Participation Programme and the current system for preferential procurement programme.

An announcement on the outcomes of the discussion will be made later in the year. As there is no concrete proposal on the table, the macroeconomic and fiscal implications cannot be calculated.

(b) Funding of industries by development finance institutions at lower rates is not new. It is intended that Development Finance Institutions (DFIs) participate in areas that do not appeal to private sector banks due to higher risk or the absence of collateral, thereby offsetting the higher costs of capital in relevant areas. The renewed emphasis on funding by institutions such as the Industrial Development Cooperation is a reflection of government ensuring that DFIs fulfill their main mandates. Direct questions on how various programmes will work should be forwarded to the Ministers of Trade & Industry and Economic Development.

As the National Treasury, our role is to ensure that DFIs, including the IDC remain financially viable and that their borrowing is synchronised with total public sector borrowing.

Question 1137

Mr S J F Marais (DA) to ask the Minister of Trade and Industry:

(1) What amount is budgeted for the Motor Industry Development Programme (MIDP) and the automotive production development programme over the next three years;

(2) whether any applications for investment assistance were received to date for the MIDP and/or the new automotive investment development programme; if not, what is the position in this regard; if so, (a) how many, (b) what amount is being applied for in each case and (c) what are the relevant details with regard to (i) the assemblers and (ii) component manufacturers;

(3) whether any applications for investment assistance are being considered at present; if not, why not; if so, (a) how many, (b) what amount is being applied for in each case and (c) what are the relevant details with regard to (i) the assemblers and (ii) component manufacturers;

(4) how many new sustainable jobs will be created for (a) assemblers and (b) component manufacturers as a result of these vehicle investment assistance programmes? NW 1294E

Response:

(1) A total of R2,7 billion has been budgeted for the Automotive Investment Scheme for the next three years. Benefits provided to the automotive industry under the MIDP schemes are in the form of duty rebates and as such no provision is made for the MIDP in the within the department's budget.

(2) No applications have been received for the Automotive Investment Scheme (AIS) as the scheme has not yet been launched. Revisions have been made to the programme and the guidelines will be launched within the first quarter of this financial year. The guidelines of the AIS require manufacturers to apply before 180 days and 90 days of commencement of production for light motor vehicle manufacturers and component manufacturers respectively, however, as a transitional arrangement, investments that come into production from 1st July 2009 until October 2010 will be eligible to apply for the programme. Applications to the Productive Asset allowance of the MIDP ceased in December 2009.

(3) No applications are currently being considered for the Automotive Investment Scheme as the scheme has not yet been launched and therefore no applications have been received.

(4) No applications for investment projects have been received for the Automotive Investment Scheme and thus no confirmed figures regarding the jobs that component manufacturers and light vehicle automotive assemblers expect to create are as yet available.

Question 1138

Mr S J F Marais (DA) to ask the Minister of Trade and Industry:

(1) What are the details of the investment assistance commitment in terms of monetary value given to BMW over the next five years;

(2) Whether Volkswagen SA applied for any investment assistance; if not, why not; if so, what are the relevant details;

(3) whether there is any relation between the announced increased Volkswagen future production volumes and the automotive production development programme; if not, what is the position in this regard; if so, what are the relevant details;

(4) what is the value of investment assistance that has been earmarked for the automotive component industry in the next three years? NW1295E

Response:

(1) No financial commitment has as yet been made to BMW. The dti has indicated to BMW that it will be eligible for between 20% and 30% of its qualifying investment costs in line with the draft guidelines of the AIS.

(2) An application has not been received for Automotive Investment Scheme Assistance from Volkswagen SA as the scheme has not yet been launched. However, Volkswagen SA has been approved under the Productive Asset Allowance of the MIDP for an R818 million investment in an engine plant and a R4,4 billion investment for the Polo PQ350.

(3) The Automotive Production Development Programme is aimed at promoting domestic auto component manufacturing and increasing vehicle assembly plant production volumes by light motor vehicle manufacturers. The target is to reach annual production target of 1.2 million vehicles by 2020. Projects that contribute to increasing production volumes of assembled vehicles and auto components, such as the Volkswagen investment, are aligned with the key objectives of the programme.

(4) A total amount of R2,? billion has been budgeted for the Automotive Investment Scheme for the next three years. This amount is for both light motor vehicle manufacturers and the component manufacturers.

QUESTION 1139

Mr D.C. Smiles (DA) to ask the Minister of Defence and Military Veterans:

1. Whether the Chief of the SA National Defence Force (a) uses an apartment and (b) has an official residence in Cape Town, if so, what (i) are the total costs in each case in the 2009-10 financial year and (ii) is the total breakdown of such costs in the 2009-10 financial year? NW 1296E

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REPLY

1.a. The Chief of South African National Defence Force uses an apartment when he is in Cape Town. The apartment is not owned by the government and the public funds are not used to maintain the property. The apartment is owned by C SANDF trust, it was bought in 1997 for R380.000 and it is maintained by the C SANDF trust.

b. The Chief of the South African National Defence Force does not have an official residence in Cape Town.

i. There are no costs that are incurred by the state.

ii. None

QUESTION 1140

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 19/04/2010

(INTERNAL QUESTION PAPER 10 OF 2010)

Dr W G James (DA) to ask the Minister of Higher Education and Training:

Whether his department has established (a) on what the universities spend the funds they receive from the government for their research performance and (b) how much goes back to the researcher and their research account; if not, why not; if so, what are the relevant details? NW1297E

REPLY:

Funding for research outputs is calculated based on research output units, measured on an annual basis, and is included in the block grant allocated to each university. The block grants are utilised at the discretion of the University when the budget of the university is finalised and approved by Council. The total funding for research outputs increased from R1,522 billion in 2008/09 to R2,003 billion in 2010/11.

In addition to the funding of research outputs, research developments grants (earmarked allocation) totalling R129 million have been allocated to 12 universities. For these research development grants, the department requires each institution to submit a proposal on how they will use the grant to improve and strengthen an institutions research capacity. Once the plans have been approved by the Minister of Higher Education and Training, the funds are released. At the end of the year each institution will submit a progress report on how the funds have been spent and the department ensures that the funds spent are in line with what the Minister approved in order to increase its research capacity.

QUESTION 1141

FOR WRITTEN REPLY

Date of publication on internal question paper: 19 April 2010

Internal question paper no:

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

1. (a) On what grounds was the former Chief Financial Officer of the National Development Agency dismissed and (b) whether his dismissal is being investigated by the CCMA; if not, why not; if so, (i) what was the outcome of the investigation and (ii) has the NDA paid any form of compensation to the former CFO as a result of the CCMA hearing; if not, why not; if so, what amount and (c) whether the NDA is liable for any further compensation with regards to this case in future;

2. (a) what are the details of the grievances laid by the former Chief Financial Officer against the acting CEO AND (b) how did the NDA address these grievances? NW1298

Published question:

1141. Mrs S P Kopane (DA) to ask the Minister of Social Development:

(1) Whether a certain person (details furnished) was dismissed; if so, on what grounds;

(2) whether the Commission for Conciliation, Mediation and Arbitration (CCMA) made a finding on this dismissal; if not, why not; if so, what was the finding;

(3) whether the National Development Agency (NDA) has paid any form of compensation to him as a result of the CCMA finding; if not, why not; if so, what amount;

(4) whether the NDA is liable to pay any further compensation with regard to this case in the future; if not, why not; if so, what are the relevant details;

(5) whether the person brought any grievances against the acting chief executive officer (name furnished); if not, why not; if so, (a) how will the NDA address these grievances and (b) what are the further relevant details? NW1298E

3.

REPLY:

Grounds for dismissing Mr Mandla Ncube the former NDA CFO

(1)(a) Mr Ncube was employed as CFO on probation of six months as per the NDA employment contract. The period of the probation review was from 20th October 2008 to 20th April 2009. The performance management standards are the key deliverables that both the CFO and the NDA agreed to as per the employment contract.

Upon the review of the six months performance management assessment of the former CFO, it was established that he did not meet the required performance management standards for the period of probationary review. The NDA opted to extend the probation period by an additional three months as opposed to the termination of employment that could have been exercised at that point. On the second review of the three months probation it was established that the former did not meet the requirements as set out in the performance management contract. On termination of his position as CFO, the NDA offered him an alternative position.

(b)(i) Dismissal investigated at CCMA and outcome of investigation

The dispute on unfair labour practice and Dismissal were investigated by the CCMA. However, according to the CCMA, the CFO's demands for compensation were outside its jurisdiction. The CCMA offered the CFO the opportunity to review his demand and he elected to refer the matter to the Labour Court. In this regard, the CCMA issued a certificate of non resolution of the dispute as the matter was outside its review.

The outstanding issue on unfair labour practice relating to unpaid notice of termination of service was an issue of negotiation by parties.

(ii) Compensation as result of CCMA Hearing

No compensation was ordered by the CCMA. In the course of the proceedings at the CCMA relating to the alleged unpaid notice period of termination of service, it became evident that the matter will only be concluded after several days of proceedings incorporating postponements and legal costs. The legal representatives of both parties recommended that the parties consider the settlement of this particular dispute as the legal costs which are to be incurred would exceed by far the claim by the former CFO of R50 000. The attorney representing the former CFO requested that the NDA consider a settlement of R25 000 as opposed to the R50 000 demanded. As a cost saving measure in respect of legal costs and for tactical litigation purposes, the legal representatives of the NDA recommended without prejudice settlement of the unfair labour practice dispute of notice period in an amount of R25 000. This amount was paid was in full and in final settlement of the unfair labour practice dispute lodged at the CCMA.

(1)(c) Whether the NDA is liable for any further compensation with regards to this case in future

There is no further compensation with regard to the CCMA case. The Labour Court referral is subject to the former CFO enrolling the matter with the Labour Court.

(2) The details of the grievance laid by the former CFO against the then acting CEO and how the NDA addressed the grievance

(a) The nature of the grievance related to the procedure followed and reasons of the Acting CEO in not confirming the former CFO's probation and the subsequent termination as CFO.

(b) A formal grievance hearing was conducted in which a panel of NDA Board members heard the evidence of both parties. After deliberations the panel upheld the decision by the Acting CEO to extend Mr Ncube's probation. Subsequent to this, the CFO took the matter to the CCMA as referred to in (b)(i) above.

Question 1142

Mr A P van der Westhuizen (DA) to ask the Minister of Trade and Industry:

(1) To which senior staff member in his department does the Chief Executive Officer (CEO) of the Companies and Intellectual Properties Registration Office (CIPRO) report;

(2) whether this person (a) monitors and evaluates the performance of CIPRO on a continuous basis and (b) interrogated the allocation of the enterprise content management tender (ECM) to a certain company (name and details furnished) (i) before and/or (ii) after various allegations of wrongdoing were first raised in the press in April 2009; if not, why not; if so, what are the relevant details;

(3) whether any actions were taken by this staff member to ensure that the regulations regarding the allocation of tenders of this magnitude were adhered to in the case of the ECM tender; if not, why not; if so, what are the relevant details;

(4) whether any senior manager outside CIPRO recommended and/or authorised (a) the allocation of the ECM tender and/or (b) any payments to the said company; if not, why not; if so, what are the relevant details;

(5) whether he has found that the service standards of CIPRO have been deteriorating in the past year and that allegations of various corrupt activities were true; if not, what is the position in this regard; if so, (a) what types of corrupt activities were identified and (b) what steps have been taken to reverse this trend? NW1299E

Response:

(1) The Director General (DG) through the Deputy Director General (DOG) of Consumer and Corporate Regulation Division (CCRD)

(2) (a) Yes, via frequent management reports and Executive Committee (ExCo) meetings.

(b) Yes, all documents relating to the procurement of the ECM system was approved by various senior managers in the dti before approval by the Director General.

(b)(ii) Although no formal objections were raised by the prospective tenderers, the Auditor General was requested to investigate the tender by CIPRO Chief Executive Officer, with the concurrence of the DG, after a Protective Disclosure was received on 08 June 2009.

(3) Members of the dti were part of the supply chain process for the ECM to ensure compliance to the Supply Chain Regulations.

(4) (a) A submission for the allocation of the ECM tender was recommended by the dti Chief Financial Officer, the DOG for CCRD, and approved by the DG.

(b) Before the outcome of the investigation by the Auditor General all payments were approved by the CIPRO CEO, as per the approved delegations. Subsequently, all payments are referred to the DG for approval. The channel for recommendation to make payment is from the CIPRO internal Auditor, the CIPRO Chief Executive Officer, the dti Chief Financial Officer, the DOG for CCRD, then approval by the DG.

(5) The service standard of CIPRO has not deteriorated. However, with the introduction of management actions to ensure compliance, to the submission of Annual Returns by companies, in November 2009, the volume of transactions on the system has increased substantially, resulting in various system challenges, which are receiving ongoing attention.

5 (a) and (b) These matters are subject of separate investigations by the law enforcement authorities, the Auditor General and the dti, the latter whose report is being finalised with a view to acting on its findings supported by legal advice.

QUESTION N0 1143

Mr A P van der Westhuizen (DA) to ask the Minister of Trade and Industry:

(1) (a) What are the details regarding the (i) names, (ii) positions held at the time, (iii) purpose, (iv) destination, (v) dates, (vi) duration and (vii) breakdown of cost with regard to each (aa) staff member and (bb) consultant paid by the Companies and Intellectual Properties Registration Office (Cipro) for official international (aaa) travel and (bbb) accommodation and (b) who authorised the expenditure for each of these visits;

(2) whether any of the delegates were accompanied by any other staff of his department; if not, why not; if so, what are the relevant details;

(3) whether there was any expectation that staff give feedback in the form of formal reports on what was learnt during these trips abroad; if not, why not; if so, what are the relevant details;

(4) whether these reports are available; if not, why not; if so, what are the relevant details? NW1300E

Response:

(1)- (4) See attached table

QUESTION NO 1144

Mr A P van der Westhuizen (DA) to ask the Minister of Trade and Industry:

(1) Whether any performance bonuses were (a) approved and/or (b) paid to any members of the senior executive team of the Companies and Intellectual Property Registration Office (Cipro) since 1 January 2008; if not, why not; if so, (i) on what dates, (ii) who is each of the recipients, (iii) what amount in respect of each recipient and (iv) who evaluated each recipient's performance;

(2) whether there are any rules regarding the relocation benefit/assistance scheme at Cipro; if not, (a) why not and (b) who qualifies for this benefit; if so, (i) who qualifies for this benefit and (ii) what are the further relevant details;

(3) whether the chief executive officer (CEO) of CIPRO made use of the relocation benefit/assistance scheme at any stage; if not, why not; if so, (a) on what date(s), (b) what (i) was the duration and (ii) were the costs involved, (c) who authorised this expenditure and (d) what was the reason;

(4) what (a) are the dates and (b) was the purpose of any domestic flights paid for by CIPRO for the chief information officer of CIPRO from 1 January 2008 to 31 December 2009?

NW1301 E

Response:

(1) (a)(b)(i)-(iv) According to CIPRO, bonuses were approved for the executive members

and the details are indicated in the table below.

Date of

Executive

Amount

Evaluated by

Financial

payment

member

year

October 2008

Mr Keith

R105228

Director-

2007/08

Sendwe, CEO

General

October 2008

Mr Renier du

R95 859

CEO

2007/08

Toit, CFO

September

Dr Michael

R 117 309

CEO

2008/09

2009

Twum-Darko,

CIO

(2) (a) Yes.

(b )(i) All current staff appointed from within the Public Service sphere and those appointed from outside the Public Service qualify.

(ii) The relocation provisions are in accordance with Resolution 3 of 1999 contained in the Department policy.

(3) According to CIPRO, the CEO made use of the relocation benefit and the details are as

follows:

(a) From August 2007

(b )(i) For a period of 3 months

(ii) The relocation expenses incurred amounted to R334 746 and includes the following, interim accommodation costs, transport of furniture, incidental expenditure, transfer and bond registration costs

Description

Value

Interim Accommodation

R 118 056

Transfer and Bond Costs(purchasing a new home

R 148 176

in new area)

Removal and Transport of household belongings(to

R

1 5 900

new home)

Incidental expenditure

R

52614

Total

R 334 746

(c) The Director-General: Trade and Industry approved the relocation expenditure

(d) The CEO applied for the relocation benefits due to the travelling time and distance from the office (CIPRO). At the time he lived in Vereeniging and wanted move closer to the office.

(4) (a)-(b) According to CIPRO, the following expenses were incurred for domestic flights by the CIO of CIPRO from 1 January 2008 to 31 December 2009:

Date

Destination

Reason

October 2008

Cape Town

Represented the CEO at the Portfolio Committee

30 March - 3 April 2009

Cape Town

Corporate Registers Forum Conference hosted by CI PRO

11-17 April 2009

Durban

Government technology Conference

22-23 October 2009

Cape Town

Chief Information Officer Conference, Dr Twum-Darko was a presenter on day2.

QUESTION 1145

QUESTION FOR WRITTEN REPLY

1145. Mrs S V Kalyan (DA) to ask the Minister of Energy:

(1) Whether the Government established (a) an inter-ministerial committee or (b) subcommittees to deal with future energy policy, if not, why not; if so, in each case, (i) who heads the committee, (ii) who represents each Ministry on the committee, (iii) who does the committee report to, (iv) how often is it expected to report and (v) when is the work of the committee expected to be completed;

(2) whether the committee has a programme in place to consult with (a) industry or (b) academics in the renewable energy field before representing their final report; if not, why not; if so, what are the relevant details? NW1303E

Reply

(1)(a) The Inter-Ministerial Committee (IMC) was established to deal primarily with improving the co-ordination of government activities that impact on the electricity sector.

(b) The Inter-Departmental Technical Task Team on Energy (IDTT-E) was established as a technical subcommittee under the IMC.

(i) The IDTT-E is chaired by the Director-General of the Department of Energy.

(ii) There are several Departments that are represented in the IDTT-E (Department of Water Affairs, Department of Environmental Affairs, Department of Science and Technology, Department of Trade and Industry, Department of Economic Development, The Presidency, Department of Public Enterprise, Department of Cooperative Governance and Traditional Affairs)

(iii) The IDTT-E reports to the IMC once a month.

(iv) By the third quarter of 2010

(2)(a) Yes the Committee has already started engaging labour, business and civil society organisations in the development process of the Integrated Resource Plan (IRP).

(b) The reference group for the technical work done by the Department includes academics and other organisations in the Renewable Energy.

QUESTION NO 1146

DATE REPLY SUBMITTED: 7 MAY 2010

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: MONDAY, 19 APRIL 2010 (INTERNAL QUESTION PAPER: NO 10 – 2010)

Mr M Swart (DA) asked the Minister of Transport:

(1) Whether, with reference to his reply to question 430 on 30 March 2010, the results of friction tests conducted on the runway at George Airport with a water film above 1 mm are now available; if not, (a) why not, (b) when is it expected to be available; if so,

(2) whether the outcome of the tests was satisfactory; if not, what action will be taken to rectify the position; if so,

(3) whether all flights will be allowed to land as normal in future; if not, why not; if so, what are the relevant details;

(4) whether it is envisaged to add safety areas to the ends of the runways at George Airport; if not, why not; if so, what are the relevant details?

NW1304E

REPLY:

The Minister of Transport:

(1) (a) and (b)

Friction testing is part of the audit process and is a confidential matter between the South African Civil Aviation Authority (SACAA) and the client, as is the case with all SACAA audits. Mechanical friction tests have been performed at George Airport. The detailed results will not be published, but the outcome of the tests is well-known at this stage. In addition, tests have been conducted using an actual aircraft. In situations with standing water, the stopping distance achieved exceeded the calculated value by 28%.

(2) The test yielded wet friction results within the International Civil Aviation Organization (ICAO) limits, but when the effect of the friction coefficient is combined with the recommendation for runway macro texture, the final effect on aircraft yields marginal friction performance. The SACAA has restricted wet weather operations at George Airport to remain within the limits for safe operations by reducing the effective runway length that may be used in performance calculations. This result is an additional safety margin of 30%. Originally, the Airports Company South Africa Limited (ACSA) was due to commence resurfacing of the runway on 23 March 2010, but problems in obtaining a contractor at short notice have reportedly delayed the start to late April/early May.

(3) After ACSA has completed the resurfacing of the runway and improved the drainage at the runway intersection, the SACAA will have an independent friction test performed, assess the new macro texture and drainage and only then consider lifting the current restriction.

(4) The runway has Runway End Safety Areas (RESA's) that complies with the minimum length requirement (90 m). The surface of the short RESA will be improved to aid in retarding aircraft more rapidly.

QUESTION NO 1147

DATE REPLY SUBMITTED: TUESDAY, 06 JULY 2010

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: MONDAY, 19 APRIL 2010 (INTERNAL QUESTION PAPER: NO 10 – 2010)

Mr M Swart (DA) asked the Minister of Transport:

(1) What (a) are the names of (i) each company and (ii) the directors of each company that was used for the recent resurfacing of the runways at George airport, (b) was the tender price for the completion of the said work in each case and (c) was the final price paid in each case;

(2) whether the work was done in terms of the specifications laid down in the tender documents; if not, why not; if so, what are the relevant details;

(3) (a) how many companies submitted tenders to do the resurfacing and (b) what was the tender quote price in each case;

(4) whether the SA Civil Aviation Authority approved the proposed action to be taken by the Airports Company of SA to apply slurry to the resurfaced runways to render the runways safe for landing in wet weather; if not, why not; if so, what are the relevant details? NW1305E

REPLY:

The Minister of Transport:

(1) (a) (i) and (i)

The consultants were a South African based consulting engineering and project management group, SSI, a DHV Group company. The Directors are N Bhojaram, C E Manning, A R Martin, B van Ee (Dutch), J T van Manen (Dutch) and I R Overakker (Dutch).

Fees: R1,499,000.00

The main contractor was Roadmac Surfacing KZN (PTY) Ltd. The Directors are Mbali Swana, Collin Matjila, Les Maxwell, Koos Raubenheimer, Thabo Raubenheimer, Freddie Kenney, and Francois Diedrechsen.

(b) The tender price was R11,918,070.67.

(c) The final account was R10,667,294.37.

(2) The works were completed as laid down in the tender documents, except for a product change in terms of the fog spray. The rehabilitation works started on the taxiways and then progressed onto the runway surface. The product used on the taxiways (SP2000) was changed to fog spray using a 30% diluted emulsion on the runway. This change was done due to concerns about the friction characteristics of the original product.

(3) (a) and (b)

Four companies submitted tenders – details are reflected in the table below:

Company Name

Tendered Amount

(excluding VAT)

Deviation from lowest tenderer

Roadmac Surfacing

R11,918,070.67

2.3%

Zebra/Isidima Civils JV

R12,151,641.95

4.3%

Asphalt Services

R14,370,038.18

23.4%

Entsha Henra

R11,646,632.90

0%

(4) The South African Civil Aviation Authority (SACAA) has never before approved any technical specifications on any airport related work. They do annual audits to ensure that the Airports Company South Africa (ACSA) airports comply with the various standards and then issue a licence to operate. These are highly specialized fields and it would be improbable for SACAA to have all relevant technical expertise and resources in-house.

______________________________________________________________________

QUESTION 1148

QUESTION FOR WRITTEN REPLY

1148. Mrs S V Kalyan (DA) to ask the Minister of Energy:

(1) Whether the Government has adopted a policy on energy efficiency with regard to (a) mining, (b) industry, (c) agriculture, (d) business and (e) residential dwellings; if not, why not; if so, what are the relevant details;

(2) Whether implementation has begun; if not, why not; if so, what are the relevant details;

(3)(a) Who will implement the respective policies and (b) how is (i) implementation rewarded and (ii) lack of implementation punished? NW1306E

Reply

(1) The department is still in the process of finalizing the review of energy efficiency strategy in order to set new and realistic targets for all sectors of the economy. The strategy was gazetted in the last financial year and due to some of the comments specifically from the industry and business sector, it is required of the DOE to consult more with BUSA, NBI, AgriSA, SALGA, SACCI and some individual members of both business and industry in order to reach a consensus on the implementation and EE savings targets. Furthermore a draft EE standard offer policy and the new PCP are being consulted upon with NERSA and other government departments through the inter-departmental Task Team on Energy.

(2) EE strategy set a target up to 2015 and the implementation of the strategy is still on voluntary bases. Industry has done a lot in terms of the implementation of energy efficiency programmes since the signing of energy efficiency accord.

(3) NERSA will implement the policies

(i) those who save electricity will be rewarded from the EEDSM tariff allocations through the standard offer model.

(ii) The draft Energy Conservation Scheme is under consultation with NERSA. This scheme is intended to also effect the penalties to consumers who consumed above the set target.

QUESTION 1149

QUESTION FOR WRITTEN REPLY

1149. Mrs S V Kalyan (DA) to ask the Minister of Energy:

(1)Whether her department has acted on any of the recommendations of an independent study entitled Policies for Renewable Energy and Energy Efficiency commissioned by her predecessor in 2005 to formulate a model for integrated energy planning; if not, why not; if so,

(2) whether any progress has been made with the implementation of each of the recommendations; if not, why not; if so, what progress;

(3) how has implementation with regard to individual recommendations been prioritised;

(4) whether any targets have been set in line with the recommendations; if not, why not; if so, what are the relevant details? NW1307E

Reply

(1) The Department is not aware of any study entitled Policies for Renewable Energy (RE) and Energy Efficiency (EE) which was commissioned in 2005.

There are elements of the White Paper on RE and EE Strategy that speak to integrated energy planning.

(2) (3) (4) As indicated above, the Department is not aware if a study with such a title and as such I cannot comment on any of the recommendations from such a document.

QUESTION 1150

QUESTION FOR WRITTEN REPLY

1150. Mr M J Ellis (DA) to ask the Minister of Energy:

(1) Whether the Government has implemented a policy of standards compliance with regard to energy efficiency for electrical equipment; if not, why not; if so, what are the relevant details;

(2) Whether it is mandatory for all electrical appliances to be rated; if not, why not; if so, what are the relevant details;

(3) Whether a data base is available to provide consumers with information on the ratings of equipment available on the market; if not, why not; if so, what are the relevant details;

(4) On what a standard is the rating based;

(5) Whether there is concurrency with international standards; if not, why not; if so, what are the relevant details? NW1308E

Reply

(1) The Department together with the SABS have completed a number of energy efficiency standards and we are continuing to develop other Energy Efficiency standards. These standards will be enforced through the Energy Efficiency regulations being developed under the Energy Act. Draft regulations are being consulted upon.

(2) The Energy Efficiency regulations, once completed will require all electrical appliances and equipments to be labelled for Energy Efficiency.

(3) There is no data base available, however the regulations will ensure that all appliances in the market are labelled and rated for Energy Efficiency

(4) The country has adopted the EU energy efficiency label.

(5) The EU energy efficiency label is an internationally recognized label and it is easier for customers to understand and read.