Questions & Replies: Questions & Replies No 1351 to 1375

2010-05-11

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

QUESTION 1351

QUESTION FOR WRITTEN REPLY

1351 Dr. S M van Dyk (DA) to ask the Minister of Energy:

(1) How many informal settlements are currently using Eskom electricity by way of illegal electricity connections;

(2) what is the total loss of electricity (a) in informal settlements by means of illegal connections and (b) as a result of electricity theft in (i) megawatt and (ii) monetary value;

(3) whether there are any measures in place to monitor, reduce and prevent electricity theft; if not, why not; if so, what measures? NW158E

Reply

(1) Non-technical energy losses are typically caused by electricity theft such as illegal connections, meter tampering, data and billing errors amongst others.

Although the problem of illegal connections occur in both formal and informal settlements, informal settlements in areas not proclaimed for residential use are not supplied with electricity infrastructure by Eskom. In exceptional cases infrastructure costs to these areas are picked up by municipalities.

Eskom's policy is to remove all illegal connections immediately once they become aware of the problem.

(2) In the 2009/2010 financial year the total Distribution energy losses were 5,87%, of which non-technical losses are estimated to be between 1,5% and 2,4%. Compared to other utilities globally, Eskom continues to perform well with regards to energy loss management. The international benchmark exercise carried out in 2007 puts Eskom in the first quartile of the top performing distribution utilities in terms of total energy losses. The Eskom result is within the benchmark parameters of 5,60% to 12.07%.

(a) As noted above, Eskom does not supply informal settlements that are not proclaimed for residential use.

(i) Non-technical losses range between 3210 GWh to 5136GWh of total energy losses.

(ii) In rand terms (applying the cost of generation) it ranges between R391m to R625m of total energy losses.

(3) Even though we are comparing favourably with other utilities globally, this continues to be a key focus area in the business. Eskom has launched an Energy Losses Management Programme, which incorporates a public engagement programme called Operation Khanyisa to focus on behavioural changes towards legal electricity use and reporting illegal connections. In addition Eskom has proposed that the Electricity Regulation Act be amended to categorise electricity theft as a crime.

In the past year Eskom focussed on carrying out revenue protection audits, where customer metering installations were inspected to detect theft or faults. Where faults are found the meters are replaced and where tampering (theft) is detected the customer is disconnected and will only be reconnected after a tamper fee and reconnection fee are paid. The tamper fee is increased for customers who are found to have tampered with their meter more than once.

Eskom targets to audit 33% of all Large Power Users and 20% of all others each year. Where illegal connections are detected, Eskom removes them because these do not only pose a revenue loss risk; they are also a safety hazard.

QUESTION 1352

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 07/05/2010

(INTERNAL QUESTION PAPER 12 – 2010)

Mr D C Ross (DA) to ask the Minister of Basic Education:

(1) Whether any (a) primary and/or (b) secondary schools have been closed down in Johannesburg in the past three years; if so, in each case, (i) how many schools, (ii) why and (iii) which schools were closed down;

(2) whether any schools in Johannesburg are currently over their capacity; if so, (a) how many schools, (b) which schools, (c) why and (d) what plans are in place to resolve this situation;

(3) whether there are any plans to build any new schools in Johannesburg in the next three years; if not, why not; if so, (a) what type of schools and (b)(i) where and (ii) when will the schools be built? NW1588E

REPLY:

(1) (i)(a) 25 Primary schools and (b) 2 secondary schools

(ii) These schools have all experienced a decline in enrolment to such an extent that they were no longer viable.

(iii) List of schools that were closed during the past three years.

(See attached list of Primary and Secondary School)

QUESTION NUMBER: 1355

DATE FOR PUBLICATION: 7 MAY 2010

DATE REPLY SUBMITTED: 13 MAY 2010

MRS P C DUNCAN (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION:

How does the National Youth Development Agency (NYDA) intend to address the youth in the rural areas from their urban-based allocated offices?

NW1591E

REPLY:

The NYDA is in the process of establishing its provincial and local structures. As part of this process the NYDA envisages to have presence in all 283 local municipalities in the next 3- 4 years. Currently the NYDA has presence in 121 access points most of which are hosted by local municipalities. These access points will be converted into local offices as part of NYDA's to establish presence in all local municipalities thereby adequately responding to the needs to rural based youth.

QUESTION NUMBER: 1356

DATE FOR PUBLICATION: 7 MAY 2010

DATE QUESTION SUBMITTED: 13 MAY 2010

MRS P C DUNCAN (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION AS WELL AS ADMINISTRATION:

(a) What is the current staff complement of the national office of the National Youth Development Agency (NYDA) and (b) to what position were the (i) National Youth Commission and (ii) Umsobomvu Youth Fund staff deployed?

NW1592E

REPLY:

The total NYDA staff complement is 227. Of this number 35 are former NYC employees and 192 are former UYF. The staff of the 2 former institutions were transferred to the NYDA with the same terms and conditions of employment and all positions were harmonised. All products and services of the former institutions are implemented by the NYDA. In addition the NYDA is still undertaking a process of restructuring to align NYDA positions to the NYDA act.

NYDA branches across the country employ 148 staff. This brings the total staff complement of the NYDA to 375.

QUESTION 1357

DATE OF PUBLICATION: FRIDAY 07 MAY 2010 [IQP No 12- 2010] SECOND SESSION, FOURTH PARLIAMENT

Question 1357 for Written Reply, National Assembly: Ms M R Shinn (DA)to ask the Minister for Agriculture, Forestry and Fisheries:

(1) Whether any legal action is being taken against the Registrar of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, Act 36 of 1947, by the Association of Veterinary and Crop Associations of SA (AVCASA); if not, why not; if so, (a) what is the basis of the legal action and (b) when was it instituted;

(2) whether the Registrar is defending the action; if not, why not; if so, why;

(3)(a) what is the expected cost of the Registrar's defence and (b) from which budget is it being paid;

(4) whether a date for the hearing has been set in the North Gauteng High Court; if not, why not; if so, what are the relevant details? NW1593E

REPLY:

1. (a) AVCASA instituted legal action against the Minster of Agriculture, Forestry and Fisheries (First Respondent) and The Registrar of Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies (Second Respondent). They are directing the Registrar to take steps and to do all things as are necessary in order to ensure that all applications for the registration of fertilizers, farm feeds, agricultural remedies, and operations for the sterilized control of plants and pests that have been submitted for processing and which are required to be registered under the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act No. 36 of 1974 are properly and timeously processed.

(b) It was instituted on 21 August 2009.

2. The Registrar is defending the action because the timeframes requested by the Applicant for the finalization of applications is unreasonable and impossible.

3. (a) The Department cannot state the expected cost for the defence, at this stage.

(b) The budget of the Directorate: FSQA

4. No date for the hearing has been set down at this stage. The parties are still exchanging court documents (pleadings).

Question 1358

Ms M R Shinn (DA) to ask the Minister of Trade and Industry:

(1) (a) How were the members of the National Black Economic Empowerment Advisory Council (i) nominated and (ii) selected and (b) what criteria were used;

Reply:

1 (a) (i) and (ii) (b) :

Section 6 (1) (a) (i and ii) of the B-BBEE Act No 53 of 2003 provides a framework for the establishment of the Black Economic Empowerment Advisory Council. The Act further makes provision for the Council to be constituted as follows: The President, four Cabinet Ministers and not more than 15 other members appointed by the President.

In appointing members of the Council, the President took note of the following considerations, namely appropriate expertise and representation of the different relevant constituencies including trade unions, business, community-based organizations and academics.

Other important key principles taken into consideration during the appointment process are gender representativity, provincial representation and various stakeholder representations. Furthermore, key sectoral representations were also taken into consideration when compiling the list of potential Advisory Council members. The inclusion of these sector representatives assists in ensuring that sector-specific matters are taken into account.

(2) whether there is a representative of the tourism industry on the board; if not, why not; if so, (a) who is this person and (b) what is his/her tourism affiliation or experience?NW1594E

Reply:

2 (a) and (b): Currently, no representative from the Tourism Sector is serving on the Advisory Council.

The Advisory Council has already considered a recommendation to co-opt experts to serve on the sub-committees, which will be responsible to deal with specific areas. This approach will ensure that as and when sectoral expertise is required, these will be made available to assist the Advisory Council.

Since the Tourism Industry has a gazetted Sector Code under Section 9 of the BBBEE Act, the Tourism Charter Council will, as part of an ongoing monitoring and evaluation process, report to the Minister and the Advisory Council on the progress made by this sector.

QUESTION NO.: 1359

DATE OF PUBLICATION: 7 MAY 2010

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

What criteria were used to narrow the field to a short list of ten advertising companies for the advertising contract of the Industrial Development Corporation (IDC) which will expire in June 2010? NW1595E

REPLY

The IDC is in the process of shortlisting companies that have responded to the tender invitation, using the criteria set out on pages 5 and 6 of the tender document T05/02/10. This document is attached for the Honourable Member's information.

QUESTION NUMBER 1360

DATE OF PUBLICATION: 7 MAY 2010

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

Whether any firms have approached the National Treasury regarding the proposed wage subsidy for first-time employees; if not, what is the position in this regard; if so, (a) how many firms and (b) what are the further relevant details?

NW1596E

REPLY

No applications from firms for a wage subsidy have been received. This programme has not been implemented, however, it is not intended that the wage subsidy should be administered in this way. As indicated in the Budget Review, the aim is that the subsidy will be administrated by the South African Revenue Services as part of the PAVE system. A discussion paper will be released in this regard.

QUESTION 1361

DATE OF PUBLICATION: FRIDAY 07 MAY 2010 [IQP No 12- 2010] SECOND SESSION, FOURTH PARLIAMENT

Question 1361 for Written Reply, National Assembly: Dr L L Bosman (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

QUESTION

1) When, with reference to her reply to question 258 on 1 March 2010, is it expected that the abalone fishery will be reopened;

(2) what has been the reason for the delay in the opening of the fishery;

(3) whether she has been informed that the opportunity for legal rights holders to harvest their individual quotas will be hampered by the fact that the abalone season closes annually on 31 July; if so, what is her response thereto; if not,

(4) whether there will be any new initiatives for the marketing of abalone once the fishery is reopened; if not, why not; if so, how can this be justified? NW1597E

REPLY:

(1) The proposed conditional lifting on the suspension of the wild abalone fishery is currently being considered by Cabinet and its subcommittees. Should Cabinet favourably consider the proposal to reopen the fishery, a government gazette notice will be immediately published announcing the date on which harvesting may commence.

(2) The transfer of the fisheries function from the Department of Environmental Affairs and Tourism (DEAT) to the Department of Agriculture, Forestry and Fisheries (DAFF) only came into effect on 1 April 2010, with the result that the original intention to lift the suspension by February 2010 was not realised.

(3) Previously, there was a closed season for commercial harvesting of abalone from 1 August to 31 October in any year, both dates inclusive. However, the closed season for commercial harvesting of abalone was repealed by Gazette Notice GN R62/2008 on 1 February 2008 and there is currently no closed season for commercial harvesting of abalone.

(4) It is the department's intention, together with inputs from the affected stakeholders, to explore a number of initiatives that will assist the rights holders to optimise the economic potential associated with their allocated right, including support around the marketing and selling of their catches.

QUESTION 1363

DATE OF PUBLICATION: FRIDAY 07 MAY 2010 [IQP No 12- 2010] SECOND SESSION, FOURTH PARLIAMENT

Question 1363 for Written Reply, National Assembly: Mr N D duToit (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

QUESTION

(1) With reference to her reply to question 255 on 1 March 2010, (a) what is the name of each (i)(aa) individual rights holder and (bb) legal entity rights holder who received monetary compensation for the period during which they could not utilise their abalone rights and (ii) of the crew members who received monetary compensation for the period they could not work on vessels due to the abalone fishery being closed and (b) how much money did each person receive;

(2) whether any of the trustees of the trust formed by certain abalone rights holders for the purpose of verifying rights holders received any other payment beyond the monetary compensation given to them as legal abalone rights holders; if not, how was this conclusion reached; if so, (a) what are the names of the persons and (b) how much did they receive in each case;

(3) whether any criteria were used to determine why some individual rights holders received higher monetary compensation than other individual rights holders; if not, how was this conclusion reached; if so, what are the relevant details? NW1599E

REPLY:

(1)(a) None. The department is engaging with the two certain persons (names furnished) in the same way it is interacting with all abalone stakeholders.

(2)(a) No.

(2)(b) No.

(3) No.

QUESTION 1364

DATE OF PUBLICATION: FRIDAY 07 MAY 2010 [IQP No 12- 2010] SECOND SESSION, FOURTH PARLIAMENT

Question 1364 for Written Reply, National Assembly: Mr N D duToit (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

(1) What are the roles of two certain persons (names furnished) in terms of her department's response to the opening of the abalone fishery;

(2) whether these persons are on the payroll of (a) her department or (b) any entity reporting to her; if not, how was this conclusion reached in each case; if so, what are the relevant details in each case;

(3) whether any of these persons was present at meetings between her and stakeholders in the abalone fishery; if not, how was this conclusion reached; if so, (a) what was the date of the meeting in each case and (b) why were they present in each case? NW1600E

REPLY:

(1)(a) None. The department is engaging with the two certain persons (names furnished) in the same way it is interacting with all abalone stakeholders.

(2)(a) No.

(2)(b) No.

(3) No.

QUESTION 1365

DATE OF PUBLICATION: FRIDAY 07 MAY 2010 [IQP No 12- 2010] SECOND SESSION, FOURTH PARLIAMENT

Question 1365 for Written Reply, National Assembly: Mr N D duToit (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

(1) With reference to her reply to question 255 on 1 March 2010, (a) what criteria were used to determine who qualifies as a crew member for monetary compensation due to their loss of income during the closure of the abalone fishery, (b) how many crew members received monetary compensation under this programme and (c) what was the total amount paid out to crew members;

(2) whether all crew members who qualified according to the criteria received monetary compensation; if not, how will this situation be rectified; if so, what are the relevant details;

(3) whether any person that qualifies for monetary compensation but has not received such compensation, may appeal the decision; if not, why not; if so, what are the relevant details? NW1601E

REPLY:

(1)(a) The rights holders, as employers, submitted their crew members' details to the various zonal representatives. The zonal representatives verified the details with the relevant rights holders and then submitted the details to the department for payment.

(b) 351 crew members qualified and received payment

(c) The total amount paid to the crew members was R 1 050 000.00.

(2) All crew members whose details were submitted to the department by the zonal representatives were paid.

(3) Yes. Six (6) Rights Holders did not receive a social relief payment at the time the payments were being processed because they could not been traced in time. A due date for submission was agreed to between zonal representatives of rights holders and the department and all payments in Phase 1 have been completed.

QUESTION NO 1369

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 7 MAY 2010

(INTERNAL QUESTION PAPER NO 12- 2010)

Date reply submitted : 1 June 2010

1369. Mr PJC Pretorius (DA) to ask the Minister of Police:

(1) With reference to the reply to question 1034 on 20 April 2010, what is the (a) case number of the charge that has been laid against the municipal manager of Madibeng local municipality, (b) name of the investigating officer and (c) name of the police station at which this officer is based;

(2) what is the current status of this investigation?

NW1606E

REPLY:

(1) (a) Brits CAS 130/01/2010 and Brits CAS 178/10/2009.

(b) Warrant Officer MD Seko.

(c)Brits Detective Services.

(2) The cases are still under investigation.

QUESTION NO. 1370

INTERNAL QUESTION PAPER NO. 13 NW1607E

DATE OF PUBLICATION: 14 May 2010

Mr I O Davidson (DA) to ask the the Minister of Water and Environmental Affairs:

(1) Whether South Africa's representatives to the upcoming meeting of the International Whaling Commission (IWC) will vote against any proposal to lift the moratorium on commercial whaling; if not, why not; if so, what are the relevant details?.

(2) what are the key objectives that the South African representatives to the IWC are aiming to achieve?

Mr I O Davidson (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1370. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) South Africa has no intention to support the lifting of the moratorium on commercial whaling. There is no proposal on the floor to lift the moratorium on commercial whaling.

(2) The key objectives for South Africa in the International Whaling Commission are:

a) Recognition of the non-consumptive value and uses of whales, such as whale watching, as a management option,

b) A commitment to address non-consumptive use related scientific, conservation and management issues, and

c) Improved governance procedures and an enhanced focus on conservation.

QUESTION NO. 1371

INTERNAL QUESTION PAPER NO. 13 NW1608E

DATE OF PUBLICATION: 14 May 2010

Mr. M J Ellis (DA) to ask the Minister of Water and Environmental Affairs:

Whether any health care risk waste service providers have been (a) given compliance notices or (b) criminally charged for the re-use of plastic containers since 1 January 2009; if not, why not; if so, (i) under which provisions of the regulations or Acts were each instituted and (ii) what are the further relevant details?

Mr M J Ellis (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1371. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

1(a) No, (b) No

1. (i) Work has been undertaken in two pilot projects on the management of Health Care Waste from Health Care Institutions which has indicated that there are savings to be made both from an environmental and cost saving point of view. The Policy on Health Care Risk Waste which is currently being drafted supports the use of reusable containers for HCRW management. The policy will also consider standards to ensure the cleanliness of these containers.

(ii) there is no legislation which prohibits the use of reusable containers there is no basis on which to issue a compliance notice to HCRW service providers utilising reusable containers.

QUESTION NO. 1372

INTERNAL QUESTION PAPER NO. 13 NW1609E

DATE OF PUBLICATION: 14 May 2010

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

(1) (a) How many rhinos have been killed by poachers since 1 January 2010 and (b) what was the location of each incident;

(2) whether any staff of the (a) SA National Parks or (b) any provincial parks (i) are being investigated or (ii) have been arrested for involvement in the poaching of rhinos; if not, why not; if so, what are the relevant details;

(3) Whether any (a) poachers of and (b) dealers in rhino horn have been arrested since 1 January 2010; if not, why not; if so, what are the relevant details;

(4) whether she intends introducing amending legislation with regard to the maximum penalties for individuals convicted of involvement in poaching activities; if not, why not; if so, what are the relevant details?

Mr G R Morgan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1372. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) (a) 92

(b) The attached table indicates the number of rhinos that have been killed by poachers since 1 January 2010 per province in which the incidents took place.

	SANParks		Province		Private
	Black	White	Black	White	Black	White	Total
KNP	0	33	0	0	0	0	33
Gauteng	0	0	0	2	0	10	12
Limpopo	0	0	0	0	0	8	8
Mpumalanga	0	0	0	5	0	3	8
North West	0	0	1	15	0	2	18
East Cape	0	0	0	0	0	2	2
Free State	0	0	0	2	0	1	3
KZN	0	0	2	5	1	0	8
West Cape	0	0	0	0	0	0	0
North Cape	0	0	0	0	0	0	0
	0	33	3	29	1	26	92

(2) a) A Kruger National Park traffic officer is the only staff member that was arrested on 12 December 2008 for dealing in rhino horn. The case is still before the courts pending finalisation.

(b) An officer of one of the provincial conservation authorities are being investigated at the moment but due to the sensitivity of the case no further information can be released at this time.

(3) Yes. Several arrests as detailed below have been effected by the joint operation involving the South African Police Service Organised Crime Unit, SANParks, provisional conservation authorities and the National Prosecuting Authority.

SANParks (KNP) 17 (14 - Illegal hunt rhino & 3 Dealing in rhino horn)

Gauteng 5 (4 - Illegal hunt rhino & 1 Illegal possession of rhino horn)

Mpumalanga 3 (3 - Illegal hunt rhino)

Eastern Cape 0

Limpopo 0

North West 0

Free State 0

KZN 0

Western Cape 0

Northern Cape 0

(4) The penalties for individuals convicted of involvement in poaching activities concerning listed Threatened or Protected Species (TOPS) in accordance with the National Environmental Management: Biodiversity Act (NEMBA) have already been amended in 2009 and the relevant penalties in the TOPS regulations will be amended in line with those of NEMBA during 2010.

QUESTION NO. 1374

INTERNAL QUESTION PAPER NO. 13 NW1611E

DATE OF PUBLICATION: 07 May 2010

Mrs S V Kalyan (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether the waste dump operating at Riegers Farm site in Gonubie outside East London has a licence from her department; if so, what types of waste is it permitted to accept; if not, why not;

(2) whether officials from her department visit the site regularly to check that it is meeting all permit conditions; if not, why not; if so, what are the relevant details;

(3) whether any (a) directives or (b) notices of intention to issue a directive have been issued against this site for any transgressions; if not, why not; if so, what are the relevant details;

(4) whether the managers of the site have a mechanism to interact with nearby residents about environmental risks that my emanate from the site; if not, why not; if so, what are the relevant details;

(5) whether air quality tests are done regularly on this site to establish possible risks to nearby residents; if not, why not; if so, what are the relevant details?

Mrs S V Kalyan (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1374. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The Company is contracted by Buffalo City Municipality to collect garden refuse and building rubble only.

(2) The Amathole region has visited the site two times after the complaint was lodged to the region, on the 04 May 10 and on 20 May 2010. On the 20 May 2010 the visit was unannounced to see what types of waste are accepted at Reigers Farm.

(3) No, Compliance and Enforcement section is awaiting the copy of the permit so as to determine whether the conditions of the permit have not been complied with.

(4) Mr Andrew confirmed that they do hold meetings if there is a complaint from the neighbouring residents.

(5) In Process 8 of the National List of activities & associated emission standards as published in Government Notice 248 of 31st March 2010, the operator of a site where hazardous or general waste is incinerated is required to have an Air Emission License and to consequently monitor specified air quality emissions their waste.

Reigers is a solid waste disposal site in which general waste is buried and used in the rehabilitation of their quarrying activities. Consequently it does not require an Air Emission License. For this reason no air quality tests are done on this site to establish possible risk to nearby residents.

QUESTION NO: 1375

PUBLISHED IN INTERNAL QUESTION PAPER NO 12 OF 07 May Z~10

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

(1) Whether all provinces have the same entry level for Emergency Medical Services (EMS); If not, what is the entry level for each province; if so, what is the entry level;

(2) whether EMS personnel are entitled to (a.) rural allowance (b) scarce skills allowance; if not, (i) why not, (ii) when will the situation be rectified and (iii) what would the cost be to each province for each allowance to be implemented; If so, what are the relevant details?NW1612E

Reply

The Department of Cooperative Governance and Traditional Affairs would like to apologise to the Honourable that the information requested is not in our possession. The Department does not have jurisdiction on emergency medical services. This question will be best responded to by the department of Health. We would like to advise the Hounarable Member to kindly direct this question to the Department of Health for an appropriate response.

QUESTION 1366

DATE OF PUBLICATION: FRIDAY 07 MAY 2010 [IQP No 12 -2010] SECOND SESSION, FOURTH PARLIAMENT

Question 1366 for Written Reply, National Assembly: DR L L Bosman (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

(a) What are the (i) names, (ii) dates of appointment, (iii) relevant qualifications and (iv) consulting fees of each advisor on fishing-related policies and (b) why is there a need for personal consultants on fishing-related policies when Marine and Coastal Management is staffed with professional civil servants who can perform this role? NW1602E

REPLY:

(a)(i) Two consulting companies have been appointed to assist the Department in the development and drafting of the Small-scale Fisheries Policy, namely Equillore Dispute Settlement Services and Enact International.

(a)(ii) Advocate Willie Pienaar from Equillore was appointed on 4 May 2009 and Ms Ingrid Martins and Mr Gregory Daniels from Enact International were appointed on 4 December 2009.

(a)(iii) The relevant qualifications of the persons involved in the 2 consulting companies are as follows:

· Adv. Willie Pienaar from Equillore Dispute Settlement Services has an LLB (Advocate)

· Ms Ingrid Martins from Enact International has a B.A. Art (History and English majors), Rand Afrikaans University (RAU) (1975-1977); B.A Honours (Art History), RAU (1978); M.A cum laude (Thesis: An art historical analysis of the relationship between form & function in the rural development of Roodepoort), RAU (1986).

· Mr Gregory Daniels from Enact International has a Bachelor of Law (B. luris) (University of Western Cape, 1993); Bachelor of Laws (LLB) (University of Western Cape, 2000); School for Legal Practice (University of Cape Town, 2001); LLM (Marine and Environmental Law) (University of Cape Town, 2007).

(a)(iv) The consulting fees for Equillore Dispute Settlement Services is R250 000.00 excluding VAT, while the estimated fees for the services of Enact International is R98 781.00 excluding VAT.

(b) The need for a policy facilitator or mediator

The service provided by Equillore to the Department relates to an order issued by the Equality Court of South Africa in the matter between Kenneth George and Others versus the Minister of Environmental Affairs. In terms of the said order, the Minister must approve the gazetting of the Small Scale Fisheries Policy (Subsistence) framework by 31 July 2009 that can accommodate the socio-economic rights of traditional/subsistence fishers and ensure equitable access to marine resources for those fishers, whilst also taking into account the principles and objectives contained in Section 2 of the Marine Living Resources Act, 1998 and International and National legal obligations.

Equillore was appointed by the Department to manage the dispute process between the parties in the above matter. These services include but are not limited to facilitating a more detailed mediation agreement between all relevant parties; filling of a project plan and timelines in terms of the process; continuous management of the dispute settlement process between all relevant parties to the process

The need for a policy drafter

The Department appointed Enact International as a single source service provider for the drafting of the Small Scale Fisheries Policy in order to expedite the finalisation of the draft policy. Enact International offers specialist legal, policy and institutional advice, legislative drafting and capacity building in the field of sustainable development, including marine environment and fisheries. The appointment of Enact International followed a request from the National Task Team to appoint a qualified neutral policy writer outside of the Department in order to ensure fairness and a properly developed policy that captures the views and aspirations of the broader National Task Team members.