Questions & Replies: Question & Replies No 1201 to 1250

QUESTION NUMBER: 1209

DATE OF PUBLICATION: 11 SEPTEMBER 2009

Dr D T George (DA) to ask the Minister of Finance:

(1) Whether his Deputy Minister or his department purchased a new vehicle on the Deputy Minister's appointment to office; if so, (a) why, (b) what make and model is the vehicle, (c) what did the vehicle cost and (d)(i) what accessories were included in excess of the vehicle's purchase price and (ii) what was the cost of such accessories; if not,(2) whether he inherited an existing vehicle; if so, (a) what was the make and model and (b) how old is the vehicle?

NW1548E

REPLY:

(1) No.

(2) Yes.

1210. Ms A M Dreyer (DA) to ask the Minister of Labour:

(1) Whether Productivity SA has received a letter from SA Revenue Services (SARS) indicating its intention to take legal action against Productivity SA for outstanding money owing to SARS; if so, (a) what is the amount owing to SARS, (b) what was the date of the notice of intention from SARS, (c) what are the conditions attached to the notice from SARS if Productivity SA failed to pay the outstanding amount and (d) what was the response of Productivity SA;

(2) whether he has been informed of the problems surrounding the state of financial management and cash flow at Productivity SA; if not, why not; if so,

(3) whether he has taken any steps to correct the situation at Productivity SA; if not, why not; if so, what steps? NW1952E

Minister of Labour replied:

(1) Productivity SA did receive a letter from SARS on the 27^th May 2008 indicating its intention to take legal action on outstanding monies. The letter was based on an error in SARS's computation of PAYE. Productivity SA immediately brought the error to the attention of SARS for reversal. Upon realizing their mistake, SARS withdrew their intention to take legal action.

(2) I have not yet been informed of the state of financial management.

(3) When I am informed corrective measures will be discussed with Productivity SA.

QUESTION NO. 1211

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 1 AUGUST 2008

(INTERNAL QUESTION PAPER NO. 21)

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

(1) With regard to each application for the registration of a medicine by the Medicines Control Council (MCC) which had not been processed by the latest specified date for which information is available, (a) what is the name of the medicine, (b) what condition is it intended to treat and (c) on what date was the application submitted;

(2) whether any specified steps are being taken to deal with the backlog at the MCC prior to its intended replacement by a new structure; if not, what is the position in this regard; if so, what are the relevant details?

REPLY:

(1) The MCC does not have specified dates for registration of Medicines. It is therefore difficult to respond accurately to this question.

(1) Additional clinical evaluators have been appointed.

QUESTION NO. 1212

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 1 AUGUST 2008

(INTERNAL QUESTION PAPER NO. 21)

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

(1) Whether there are dates by which (a) pharmaceutical companies must submit their price increase requests each year in order to establish the Single Exit Price (Sep), (b) her department must approve or reject the submission and (c) the new Sep comes into effect; if not, why not; if so, what are the dates;

(2) whether her department complied with the deadline for the 2007 approval of all new Seps; if not, (a) why not, (b) how many prices were (i) approved and (ii) not approved by the deadline, (c) by which date was the new Sep approved for all the medicines and (d) what steps does she intend taking to ensure that all Seps are approved in time in 2008; if so, what are the relevant details;

(3) how many (a) people are currently employed in the Pharmaceutical Economic Unit that approves the Sep and (b) posts are vacant in this unit?

REPLY:

(1) (a) Pharmaceutical manufacturers must submit applications for price increases after the Minister has made a determination about the extent of the annual price increase. Pharmaceutical companies were requested to submit their applications for a maximum price increase by 1 July 2008.

(b) The Directorate: Pharmaceutical Economic Evaluations must approve or reject these price increases within 30 days of the application by the manufacturer.

(c) The new SEP comes into effect at the date elected by the manufacturers; however this could not occur after 31 July 2008.

(2) (a) The SEP must be reviewed annually taking into account historical inflation data. The annual SEP increase implemented in 2008 was based on 2007 data. The annual price increase was gazetted on 27 March 2008 after a 3 month comment period. Thereafter companies made submissions on the products they wish to increase.

(b) The Directorate: Pharmaceutical Economic Evaluations evaluated and approved or rejected all applications within 30 days.

(c) The annual price increases were approved within 30 days of receiving an application.

(d) The Pricing Regulations require that the Minister invite comments on the extent of the price increase before making a determination. The invitation for comment has been gazetted. After a 3 month comment period ending October 2008, the Pricing Committee will consider the comments and make a recommendation to the Minister so that the SEP annual price increase can occur in early 2009.

(3) (a) The following officials are currently involved in approving the SEP's:

- 2 Deputy Directors

- 2 Chief Pharmacists

- 1 Principal Pharmacist

- 1 SEP Pricing Administrator

(b) Two.

QUESTION NO. 1213

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 1 AUGUST 2008

(INTERNAL QUESTION PAPER NO. 21)

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

(1) Whether the contract of certain person (name and details furnished) was renewed in July 2008; if not, why not;

(2) whether disciplinary action has been taken against any employees of the National Health Laboratory Service (NHLS) since 1 January 2006; if so, (a) against which employees, (b) what disciplinary action was taken and (c) in respect of what charges;

(3) (a) what audit opinion was given by the Auditor-General on the state of the NHLS's finances in each year since its establishment, (b) where is each NHLS's office located, (c) how many (i) anatomical pathologists and (ii) other specified medical staff are employed at each office, (d) how many posts for anatomical pathologists and (ii) other specified medical staff are currently vacant and (e) how many tissue samples were processed in each office in each of the three most recent specified years for which information is available;

(4) whether the NHLS has any plan in place to fill vacant posts; if not, why not; if so, what plan?

REPLY:

(1) No, the contract of Mr Robertson was not renewed. All executive positions, including the CEO are appointed on a fixed term contract. At the end of each contract, the Board determines the needs of the organization and decides whether the incumbent is still suited for the organization. Applying this approach, some executive contracts have been renewed and others not. The previous CEO's contract was not renewed because the Board believes that the organization has changed since his appointment and it requires a different kind of leadership to that of the CEO into the next phase.

(2) Yes, the NHLS has taken disciplinary against 158 employees in 2006, 195 employees in 2007 and 123 employees up to the end of July 2008. Please refer to the attached Annexure 1 for details with regard to the relevant employees, the disciplinary action taken and in respect of what charges.

(3) (a) The audit of NHLS is not performed by the Auditor General. PWC and Gobodo are the external auditors.

(b) There are 25 offices and 229 laboratories throughout the country (Annexure 2)

(c) (i) and (ii) anatomical pathologists and other specified medical staff employed at each office

· 55 Anatomical pathologists based at 15 laboratories

· 149 other pathologists and medical staff based at 67 laboratories

· 193 Registrars (specialists in training) based at 81 laboratories

(d) 16 posts for anatomical pathologists are currently vacant. 28 Posts for other medical staff are currently vacant

(e)

(4)Yes, the NHLS plans to fill all vacant posts. All positions mentioned in 3(d) above have been advertised either locally or internationally. In addition, Registrars who are due to qualify at the end of this year will be retained to fill existing vacant positions.

ANNEXURE 2

Mr L K Joubert (DA) to ask the Minister for Justice and Constitutional Development:

(a) What is the total amount paid by the State up to the latest specified date for which information is available towards a certain person's legal fees (name furnished) in respect of (i) the rape trail and (ii) his corruption trial and (b) on what basis are these payments made from public finds?

NW1956E

REPLY

(a)(i) None

(a)(ii) R 9,676,176.21 has been paid to date.

(b) The legal representation in the corruption matter is provided as the State has a direct interest in the matter as it is alleged that the charges relate to the Strategic arms procurement process entered into by the State.

As a result of the direct interest of the State in the matter, the Presidency agreed to pay the cost of the legal representation in that matter subject to the condition that, in the event of a conviction in the case, the funds expended on the legal representation will be recovered from the accused.

1214. Mrs N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:

(1) Whether his Deputy Minister or his Department purchased a new vehicle on the Deputy Minister's appointment to office; if so, (a) why, (b) what make and model is the vehicle, (c) what did the vehicle cost and (d)(i) what accessories were included in excess of the vehicle's purchase price and (ii) what was the cost of such accessories; if not,

(2) whether he inherited an existing vehicle; if so, (a) what was the make and model and (b) how old is the vehicle?

NW1553E

Reply:-

(1) I would like to inform the Honourable Member that my Department did not purchase a new vehicle on the Deputy Minister's appointment to this office.

(2) Yes. The Deputy Minister inherited two vehicles. In Pretoria, the Deputy Minister uses a BMW X 5, 2005 model ( 4 years and two months) and in Cape Town, the Deputy Minister uses a Mercedes Benz ML500, 2006 model (2 years and 10 months).

PUBLISHED IN INTERNAL QUESTION PAPER NO: 21 OF 01 AUGUST 2008

Mr AJ Leon (DA) to ask the Minister of Foreign Affairs:

Whether the Government has information on (a) asset ownership including land, (b) company shares including board directorships and (c) any other ownership of entities in the country by (i) Robert Mugabe, (ii) Constantine Chiwenga, (iii) Emmerson Mnangagwa, (iv) Gideon Gono, (v) Augustine Chihuri, (vi) Patrick Chinamasa, (vii) Perence Shiri, (viii) David Parirenyatwa, (viiii) Didymus Mutasa, (x) George Charamba, (xi) Paradzi Zimondi, (xii) Happyton Bonyongwe, (xiii) Sydney Tigere Sekeremayi, (xiiii) Joseph Mtakwese Mada; if so, what are the relevant details?

Reply:

The Department of Foreign Affairs does not keep records of foreign nationals' assets in South Africa, and is therefore not in a position to provide details on the ownership of any assets by the individuals mentioned in the question.

DATE OF PUBLICATION: 01 Aug 2008

Mr I F Julies (DA) to ask the Minister of Environmental Affairs and Tourism:

Whether Sarah Baartman vessel has been on lease to a business entity; if not, why has it allegedly been seen assisting a gas platform off the coast of Mossel Bay; if so, (a) what is the name of the business entity, (b) how is the vessel being used by the private entity, (c) when did the business entity start using the vessel, (d) when will it cease to use the vessel, (e) how much revenue has been earned thus far by his department from the lease of this vessel, (f) how much is expected to be earned in total from the lease and (g) what is the justification for the leasing of the vessel to a business entity?

NW1958E

HANSARD

PAPERS OFFICE

1216. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

No. The Sarah Baartman has been chartered on occasion to one business entity but never leased.

(a) Petrosa.

(b) The Sarah Baartman served as a Safety Standby Vessel and guard ship.

(c) The Sarah Baartman has been chartered on an ad hoc basis by Petrosa since August 2005.

(d) Unknown.

(e) R11 959 255.00 million (from August 2005 to date) has been earned from chartering arrangements with Petrosa.

(f) There is no lease agreement.

(g) The vessel is not leased to any business entity. Chartering of the vessel may be considered if it is not engaged in any operational activity during that period, instead of it incurring costs lying in port. The revenue received from the charters is used to supplement the vessel's high operating costs.

DATE OF PUBLICATION: 01 Aug 2008

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

(1) (a) How much revenue is expected from the sale of ivory to China and (b) when is this revenue likely to be received;

(2) (a) which state entity will receive the earned revenues, (b) how will such revenues be spent and (c) what processes were followed to determine how such revenues will be spent;

(3) whether there are procedures in place to monitor the projects which receive revenues from the sale of ivory; if not, why not; if so, what are the relevant details?

NW1959E

HANSARD

PAPERS OFFICE

1217. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) (a) Do not know as we will be selling to both China and Japan.

(b) As soon as the sales are finalized.

(2) (a) South African National Parks, KwaZulu Natal Wildlife, Mpumalanga Parks and Tourism Agency and North West Parks and Tourism Board.

(b) To be used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range.

(c) This is determined by the decision of the 14^th Conference of Parties to CITES.

(3) Yes, there are procedures in place which are in accordance with PFMA and Treasury Regulations.

DATE OF PUBLICATION: 01 Aug 2008

Mr J Ellis (DA) to ask the Minister of Environmental Affairs and Tourism:

(1) Whether he has been informed of the threat of poor water quality and proposed development in the buffer zone around Kamfer Dam to the flamingos that live on the dam; if so, what are the relevant details;

(2) what (a) species of flamingo live on this dam and (b) are the estimated numbers for each species;

(3) whether his department has made any intervention to protect these flamingos; if not, why not; if so, what are the relevant details?

NW1960E

HANSARD

PAPERS OFFICE

(1) Yes.

(2) (a) Lesser Flamingos (Phoeniconaias minor).

(b) Approximately 60 000 but fluctuates on an annual and seasonal basis.

(3) No. It is a provincial competency.

Question no. 1219

1219: Adv H C Schmidt (DA) to ask the Minister of Minerals and Energy:

With reference to her reply to Question 653 on 17 July 2008, how many applications for (a) prospecting rights, (b) mining (i) rights and (ii) permits and (c) conversions of (i) prospecting and (ii) mining rights did her department return to the applicants after acceptance of the application for purposes of further details and/or information and/or completion submitted in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002?

The Department does not return applications to applicants after acceptance, applications are only returned to applicants if they were rejected. After acceptance the department as stipulated in the Act, have to inform the applicant of such acceptance and request the applicant to consult with interested and affected parties and submit the results of such consultation and to submit an Environmental Management Plan/Programme within the specified time frames. Therefore the Department request information on all the accepted applications.

Question no. 1220

QUESTION PAPER DATE: FRIDAY, 01 August 2008

1220Adv H C Schmidt (DA) to ask the Minister of Minerals and Energy:

With reference to her reply to Question 653 on 17 July 2008, and the fact that no mining right conversions were refused, on what grounds were the judicial reviews instituted against her department based on applications for mining rights submitted in terms of the Mineral and Petroleum Resources Development Act, Act 28 of 2002?

REPLY

The grounds on which the judicial reviews were instituted in respect of conversion applications referred to in the reply to question 653 did not concern the merits of the applications per se. In two of the judicial review proceedings, the parties held different views on the interpretation of the time period for the lodgement of conversion of prospecting right application as per the transitional provisions of the MPRDA. The Court ruled in favour of the interpretation of the applicant. The third review which is still pending, essentially relates to a dispute between two parties, which arose subsequent to the granting of a conversion application to the Respondent in this matter. The Department has no material interest in the outcome of the review proceedings.

QUESTION NO 1222

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 1 AUGUST 2008

(INTERNAL QUESTION PAPER NO 21)

Mrs D van der Walt (DA) to ask the Minister of Water Affairs and Forestry:

(1) Whether a certain mine (details furnished) is operating with a valid water licence; if not, why not; if so, what are the relevant details;

(2) whether chemicals from this mine have caused environmental damage to surrounding rivers; if not, how was this conclusion reached; if so, what are the relevant details;

(3) whether pollution of surrounding rivers by this mine has resulted in threats to human health; if not, how was this conclusion reached; if so, what are the relevant details;

(4) (a) what are the dates that inspectors from her department visited this mine since 1 January 2007 and (b) for each visit what is the (i) name and (ii) designation of each inspector;? NW1966E

DATE OF PUBLICATION: 01 Aug 2008

Mrs D van der Walt (DA) to ask the Minister of Environmental Affairs and Tourism:

(1) Whether a certain mine (details furnished) is operating within the provisions of its environmental management plan; if not, what steps are being taken to ensure compliance; if so, how was this conclusion reached;

(2) whether the surrounding areas are affected by unacceptable levels of pollution from this mine; if not, how was this conclusion reached; if so, what are the relevant details;

(3) (a) what are the dates that inspectors from the department visited this mine since 1 January 2007 and (b) for each visit what is the (i) name and (ii) designation of each inspector;

(4) who are the owners of this mine and (b) what are their contact details?

NW1966E

HANSARD

PAPERS OFFICE

1223. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) The Department of Minerals and Energy (DME) is the relevant Department to refer the question to as they would be in a position to give the required details.

(2) The Department of Environmental Affairs and Tourism (DEAT) has not received any complaint to that effect and since the mine is covered under DME authorization in terms of Minerals and Petroleum Resources Development Act (MPRDA). DEAT has not done compliance investigations.

(3) DEAT's Environmental Management Inspectors (EMIs), also known as Green Scorpions, have never visited the mine.

(4) Owner details can be obtained from DME.

QUESTION NO. 1224

DATE PUBLISHED: 01 August 2008

Mr S J F Marais (DA) to ask the President of the Republic:

(a) How will the proposed food agency be structured, (b) what powers

will the agency have, (c) what will its staff complement be, (d) how much has been budgeted for this agency and (e) from which funds is the budget sourced?

NW1970E

REPLY:

The establishment of a National Food Control Agency is one of the five identified proposed Key Action Plans contained in the sector strategy for agro-processing.

Currently food labelling, packaging, safety and other food standards are dealt with in different state agencies located in such institutions as the Departments of Health and Agriculture and the South African Bureau of Standards. It is proposed that these functions be consolidated under one roof. The exact details of how this consolidation will happen and what powers, staff complement and budget the agency will require is still to be finalised. Currently, consultations with various stakeholders are underway to discuss the proposal.

QUESTION NO 1226

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 1 AUGUST 2008

(INTERNAL QUESTION PAPER NO 21/2008)

Date reply submitted: 17 October 2008

Ms D Kohler-Barnard (DA) to ask the Minister of Safety and Security:

(1) (a) How many ATMs have been bombed in each of the past five years in each province, (b) what is the South African Police Service (SAPS) doing to combat this specific type of criminal activity and (c) what successes has the SAPS had to date with regard to (i) arrests and (ii) convictions of perpetrators of ATM bombings;

(2) whether any special investigations have been done into the allegations that SAPS and SANDF members provided weapons and explosives to the bombers; if not, why not; if so, what are the relevant details;

(3) whether any SAPS and SANDF members have been (a) arrested and (b) convicted in respect of ATM bombings; if so, what are the relevant details?

NW1972E

REPLY:

(1)(a) The following number of ATMs have been bombed per province:

2004 - 2007 = From 1 January to 31 December

2008 = From 1 January to 31 March

(1)(b) The reported cases are being investigated by the Organised Crime Units. Dedicated Organised Crime detectives, forming part of the Specific Violent Crime Sections within Organised Crime, were appointed to investigate these cases in each province. The operational strategy employed in addressing these crimes is continuously reviewed and adapted to meet the changes in the modi operandi used by the perpetrators of these crimes.

(1)(c)(i) A total of 231 suspects were arrested in 318 cases.

(1)(c)(ii) Four accused were convicted.

(2)No special investigations have been conducted in investigating the involvement of SAPS and SANDF members in ATM-related crimes. Each case is investigated thoroughly. If it transpires that members of the SAPS and the SANDF are involved in a specific case, the extent of their involvement in the crime is investigated in full. To date, seven (7) members of the SAPS and one (1) member attached to the SANDF have been investigated and arrested for their involvement in ATM-related crimes.

(3)(a) Six (6) SAPS members and one (1) SANDF member were arrested.

(3)(b) No members of the SAPS or SANDF have been convicted.

The cases against members of the SAPS are still pending and the case against the member of the SANDF was withdrawn as sufficient evidence to prosecute could not be found.

QUESTION 1227

WRITTEN REPLY

DATE OF PUBLICATION: FRIDAY, 1 AUGUST 2008

INTERNAL QUESTION PAPER NO.: 21-2008

MOULANA M R SHAH (DA) TO ASK THE MINISTER OF DEFENCE

How many members of the South African National Defence Force (SANDF) by rank (a)(i) are currently under investigation for criminal offences, (ii) have been found guilty for criminal offences, (iii) have been dismissed from the SANDF on basis of being found guilty for criminal offences and (iv) have been found guilty of criminal offences but are still on active pay within the SANDF and (b) what are the reasons for these members still being on active pay in each case?

-------ooo0ooo------- NW1974E

REPLY

(a)(i)

a.ii.

(a)(iii) have been dismissed (including cashiering, discharge, discharge with ignominy) from the SANDF on the basis of being found guilty for criminal offences (Since no time period was specified in the question, the figures hereunder reflect the position for the period 01 Apr 07 to 31 Mar 08)

(a)(iv)

(Note: The figure of 99 is based on Defence Legal Services Division trial records and does not reflect separations from the DOD by means of other reasons.)

(b) The majority of members are still on active pay after having being convicted of a criminal offence because the military court that tried them did not sentence them to dismissal or discharge from the SANDF but to an alternative sentence for example a fine or a suspended sentence.

The number of members that have been discharged are also still on active pay pending the confirmation of their dismissals by the Court of Military Appeals or computer actions to be finalised.

QUESTION NO 1228

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 1 AUGUST 2008

(INTERNAL QUESTION PAPER NO 21/2008)

Date reply submitted: 17 October 2008

Mr R J King (DA) to ask the Minister of Safety and Security:

(a) How many personnel are allocated to the SA Police Service Air Wing unit by (i) rank, (ii) gender, (iii) race and (iv) province, (b) what (i) is the ratio between senior and subordinate personnel, (ii) are the relevant details pertaining to senior personnel in the unit with regard to (aa) years of experience, (bb) rank and (cc) qualifications and (iii) are the challenges faced by the unit in terms of (aa) equipment, (bb) skills and (cc) resources and (c) what steps have been taken to address those challenges?

NW1975E

REPLY:

(a)

NATIONAL AIR WING (iv)

NATIONAL HELIPORT (iv)

WONDERBOOM (iv)

GAUTENG AIR WING (iv)

WESTERN CAPE (iv)

KWAZULU-NATAL (iv)

EASTERN CAPE (2 UNITS: PORT ELIZABETH AND BULEMBU)

PORT ELIZABETH (iv)

BULEMBU (iv)

FREE STATE (iv)

MPUMALANGA(iv)

NORTH WEST (iv)

LIMPOPO (iv)

NORTHERN CAPE (iv)

(b)(i)

National Air Wing : 1:1

National Heliport : 20:37

Wonderboom : 16:13

Gauteng : 9:6

Western Cape : 7:11

KwaZulu-Natal : 7:12

Eastern Cape - Port Elizabeth : 3:4

- Bulembu : 3:8

Free State : 5:6

Mpumalanga : 3:5

North West : 3:7

Limpopo : 5:5

Nothern Cape : 1:9

(b)(ii)

NATIONAL AIR WING

NATIONAL HELIPORT

WONDERBOOM

GAUTENG

WESTERN CAPE

KWAZULU-NATAL

PORT ELIZABETH