Questions & Replies: Mineral Resources
2011-03-10
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QUESTION NUMBER 3847
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 NOVEMBER 2011
(INTERNAL QUESTION PAPER NUMBER 41)
3847. MrAM Figlan (DA) to ask the Minister of Mineral Resources:
(1) Whether she will reply to (a) all outstanding parliamentary questions and (b) the points
contained in each question before parliamentary questions lapse in accordance with
Rule 316 of the National Assembly; if not, in each specified case, (i) why not and (ii)
which questions, by its allocated number, will not be replied to; if so, what are the
relevant details in each case;
(2) whether it is the policy of her Ministry that she submit to the mechanism of
parliamentary questions as a measure of constitutional accountability to the National
Assembly; if not, why not; if so, what are the relevant details? NW4638E
REPLY
(1) (a) The member is advised to check records of Hansard and ascertain whether the
Ministry of Mineral Resources has any outstanding questions that are due to lapse.
(b) N/A
(2)Yes. Parliament has a ten day turnaround time for Ministries to respond to
parliamentary questions. In trying to keep within the timeframes given, the Ministry of
Mineral Resources has a five day turnaround time(expect for those that reqUire
investigations, which may include inspections) so that quality assurance can be done in
order to ensure that replies given to Parliament are of acceptable standard. However,
some questions require information that is not readily available which must be gathered
from a variety of sources and that process can be lengthy at times.
QUESTION NUMBER 3802
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 25 NOVEMBER 2011
(INTERNAL QUESTION PAPER NUMBER 41)
3802. Mr G R Morgan (DA) to ask the Minister of Mineral Resources:
(1) With reference to the request lodged by Mr G R Morgan in terms of the Promotion of Access to Information Act, Act 2 of 2000, to her department and for which a reference number was provided (details furnished), why has Mr Morgan not received any of the information requested;
(2) whether her department intends to honour its response that Mr Morgan's request for access to records is partially granted, as stated by the Deputy Information Officer on 6 December 2010; if not, why not; if so, when can a response be expected? NW4593E
REPLY
(1) In the reply to Parliamentary Question 2022/2010 (which reply is referred to in the relevant application for access to records and submitted by Mr G R Morgan), it was inter alia stated as follows, namely:
"due to the sensitiveness relating to information and the potential impact it could have on
e.g. share prices of listed companies, the Department cannot publicly divulge the names of
and specific details in respect of companies involved. Details related to each action and
subsequent responses by the mining industry involve different lengthy reports and other
documents".
In the light of the contents of the preceding paragraph, each of the individual regional offices
of the Department (contact details appears on www.dmr.gov.za) can be approached in
respect of the required information in where access to records, was indeed partially granted.
(2) See No. (1) above.
QUESTION NUMBER 3621
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 NOVEMBER 2011
(INTERNAL QUESTION PAPER NUMBER 40)
3621. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
(1) Whether her department intends investigating each case of irregular expenditure during the period 1 April 2009 up to 31 March 2011; if not, why not; if so, what are the relevant details;
(2) whether she has taken any disciplinary action against those who had flouted the requirements of the Public Finance Management Act, Act 1 of 1999, in particular against those who have been involved in (a) tenderpreneurship and (b) tender manipulation; if not, why not; if so, what action? NW4400E
REPLY
(1) Yes, All cases of irregular expenditure are upon discovery, subjected to an investigation.
(2) Yes, Any official found guilty of contravening the procurement policy is subjected to an inquiry which determines the appropriate sanction in line with the HR policy of the Department. Details of such can be found in note 25.2 of the department's annual financial statements
QUESTION NUMBER 3593
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 NOVEMBER 2011 (INTERNAL QUESTION PAPER NUMBER 40)
3593. Mr E J Lucas (IFP) to ask the Minister of Mineral Resources:
(1) Whether any officials in her department (a) have been investigated, (b) are currently under investigation and (c) have been charged for alleged (i) corrupt or (ii) fraudulent activity; if so, what are the relevant details;
(2) whether any disciplinary action has been taken against employees of her department for (a) fraud and/or (b) corruption; if so, (i) how many instances of disciplinary actions have (aa) been finalised and (bb) not been finalised and (ii) in each case, (aa) what sanctions have been meted out and (bb) how long has it taken to finalise such disciplinary actions;
(3) whether she has found that her department has adequate investigative capacity inclusive of manpower and infrastructure in respect of disciplinary proceedings; if not, why not; if so, what are the relevant details? NW4370E
REPLY
(1) (a) Yes, Five (5) officials have been investigated.
(b) No, there is currently no official under investigation.
(c) (i) and (ii) Yes, of the five (5) officials investigated, three (3) were charged with corruption; one (1) for fraud; one (1) for fraud and corruption, and the details are as follows:
· First employee was charged for submitting fraudulent kilometre claims. The employee resigned days before the sitting of a disciplinary hearing. His resignation was not considered and he was therefore dismissed.
· Second employee was charged for failure to disclose information in the application form for employment (Z83) where an employee was then appointed into a managerial position. The employee was summarily dismissed at the Pre-arbitration dismissal.
· The third employee was charged for corruption activities in that he accepted bribes from the clients. The hearing (Pre-arbitration dismissal) is in process and the next hearing will take place on 12 January 2012.
· The fourth employee was charged for fraud and corruption in that she always appointed one particular service provider over the others and it was determined that the residential address of this service provider was the same as hers.
· The fifth official was charged with misconduct relating to fraudulent kilometres claimed.
(2) (a) and (b) Yes disciplinary actions have been taken against employees for fraud (2 officials); corruption (2 officials); and for corruption and fraud (1 official).
(2) (i) (aa) Four (4) cases have been finalised (2 for fraud, 1 for corruption and 1 for both corruption and fraud).
(2) (i) (bb) One (1) case is not yet finalised (corruption)
(2) (ii) (aa) and (bb) The following sanctions have been meted out and the duration of investigations is also indicated:
· Case 1: Employee has been dismissed. The case took 26 days to finalise.
· Case 2: Employee has also been dismissed. The case was finalised in198 days.
· Case 3: Employee is subjected to a pre arbitration dismissal which is still in process.
The case is still in process, the hearing is on 12 January 2012.
· Case 4: The official was suspended for a period of three months without pay, demoted and also transferred to another component. The case was finalised in 76 days.
· Case 5: The official was suspended for three months without pay and demoted to a lower level position. Disciplinary hearing was finalised within 90 days.
(3) The department does have investigative capacity as there is a dedicated component, Employment Relations Management, comprising of officials who are qualified and trained on handling investigations. However, the capacity is not adequate due to some positions which are not funded.
QUESTION NUMBER 3489
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 NOVEMBER 2011
(INTERNAL QUESTION PAPER NUMBER 38)
3489. Mr GPDMac Kenzie (Cope) to ask the Minister of Mineral Resources:
Whether (a) her department and (b) its entities have put measures in place to ensure that 100%
of the focus of officials is on achieving core objectives efficiently and cost effectively; if not, why
not, in each case; if so, what are the relevant details in each case? NW4163E
Reply from the Department
(a) The department has an approved performance Management and Development System which is
applicable to both Senior Management Services (SMS) members as well as all officials. In
addilion to this, we are guided by chapter 4 of the SMS Handbook which clearly specifies that
performance management shall be aligned with the department's strategic goals. After the
strategic plan for the department has been published, managers are required to develop their
Branch Business Plans aligned to the departmental strategic plan. Budget proposals and
spending plans are then compiled based on projects identified during the strategic plan. SMS
members in the department are required to submit their performance agreements by the 30th of
May every financial year and these performance agreements are always aligned with the
strategic objectives of the department. The cascades down to the lower level officials in the
department. It can therefore be confirmed that the department has measures in place to ensure
that 100% of the focus of officials is on achieving core objectives efficiently and cost effectively.
REPLY FROM COUNCIL FOR GEOSCIENCE (CGS)
Yes the CGS has put in place measures to ensure that 100% of focus of officials is on achieving core
objectives efficiently and cost effectively.
The Performance Management System of the CGS is based on a Balanced Scorecard (BSC) approach,
which is used to maintain afocus on the achievement of strategic objectives.
The measurement of the performance of Executives, Business Units and individuals is achieved by
cascading the corporate BSC to the different levels.
Budgets have been prepared for all projects and overheads and are monitored to ensure cost
effectiveness.
REPLY FROM MINTEK
Yes, Mintek has put measures in place to ensure that 100% of the focus of officials is on achieving core
objeclive efficiently and cost effectively.
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On an annual basis core objectives are being reviewed to be in line with the government outcome based
objectives. Monthly meetings are held with all the managers where progress of each core objective is
measured. This culminates in a detailed quarterly report which is based on each core objective and
achieved measures and any deviation is highlighted. The quarterly reports are updated into an annual
report that is circulated to the Minister and eventually to Parliament after it has been audited by Auditor
General who audits the performance.
REPLY FROM SOUTH AFRICAN DIAMOND AND PRECIOUS METALS REGULATOR (SADPMR)
Yes, SAOPMR has put measures in place to ensure that 100% of the focus of officials is on achieving
core objectives efficiently and cost effectively.
(a) The performance of all senior managers are linked to the strategic plan of the Regulator;
(b) The strategic plan document has been unpacked into an Annual performance plan which is
used for the development of performance agreement for senior managers;
(c) Performance reporting is conducted formally on a monthly basis and areas of nonachievement
are deliberated upon with remedial action identified;
(d) Quarterly performance reports are discussed during management committee meetings and
areas of concern are dealt with;
(e) The Executive team of the Regulator periodically presents the quarterly results to the Board
of Oirectors. Areas of non-achievements are identified and remedial actions are proposed
and implemented.
(D Parallel to the aforementioned processes, the Internal Audit conducts regular audits to
establish whether the planned strategic objectives are pursued in an efficient and effective
manner.
REPLY FROM STATE DIAMOND TRADER (SOT)
Yes, The SOT ensures that its officials dedicate 100% of the focus of officials is on achieving core
objective efficiently and cost effectively.
By having an approved strategic plan which forms the basis of each official's annual performance
contract as well as its Performance Management Policy which dictates expected levels of performance
and determines the periods of performance assessments. Several approved procedures guide officials
on how to execute their tasks on adaily basis.
With these tools, the SOT is able to ensure that each official focuses on performing their duties and is
able to take steps against non-performance and poor performance. In addition hereto, the SOT reports
on its strategic plan to the shareholder quarterly and this frequent reporting mechanism ensures that
poor performance can be detected much earlier than annually. The combined effect of the these tools is
that officials Individual performance assessments are done in terms of the policy prescripts in terms of
frequency. The combined effect of these tools is that officials have set performance parameters and are
occupied most times.
SOT officials are not allowed to perform outside remunerative work.
REPLY FROM MINE HEALTH AND SAFETY COUNCIL (MHSC)
The Mine Health and Safety Council has put in place a Balanced Score Card which is aligned to
MHSC's objectives and deliverables. Each MHSC official has a signed performance agreement aligned
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with the MHSC's Strategy, objectives and deliverables. These Balanced Score Cards and performance
contracts aim is to ensure that MHSC officials focus on achieving core objectives efficiently and cost
effectively.
QUESTION NUMBER 3488
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 11 NOVEMBER 2011 (INTERNAL QUESTION PAPER NUMBER 38)
3488. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
Whether her department requires companies drilling for oil in South African waters to (a) disclose full details of their safety procedures and (b) prove that they have sufficient insurance to pay for cleaning up spills; if not, why not, in each case; if so, what are the relevant details in each case? NW4162E
REPLY
(a) Yes, all companies applying for exploration rights or production rights in respect of petroleum are obliged to disclose full details of their safety procedure in developing an environmental management programme in terms of section 39 of the Mineral and Petroleum Resources development Act, 20002 (Act No. 28 of 2002). Consideration is also given to the impact such operations may have on sea life, migration patterns and fishing activities in order to satisfy the provisions of sections 39(3){a) - (b) and 39(3){d) of the MPRDA i.e.:
· The applicant must establish baseline assessment of the environment that should, amongst other things, include the identification and assessment of biophysical oceanography which include sea life i.e. plankton, benthic communities, invertebrates, fish, turtles, seabirds, marine mammals and their migratory patterns and colonies. This is done in order to determine areas and seasons to be avoided when undertaking drilling and seismic survey operations.
· Furthermore, human utilization of the exploration area is assessed and this usually includes commercial and subsistence fisheries, prospecting and mining of other minerals, shipping, recreational use, etc, and impacts associated with such activities.
· Impacts that could impact considerably on fishing, sea life and other human use activities are given consideration, hence they are identified, assessed/evaluated and appropriate mitigation measures recommended.
The above issues are taken into consideration in the assessment of an Environmental Management Programme (EMPR).
(b) Proof of the capacity of the applicant's ability to rehabilitate and manage negative impacts on the environment together with payment of a prescribed financial provision which in most cases is in the form of a bank guarantee/ insurance for the rehabilitation or management of negative environmental impacts are part of the requirements for the granting of an exploration right.
QUESTION NO. 3435
Mr. J RB Lorimer (DA) to ask the Minister of Human
Settlements:
(1) (a) How many copies of each annual report that
was produced by (i) his department and (ii)
the entities reporting to him were
commissioned for print In the 2010-11
financial year, (b) how many copies were
actually printed and (c) what were the (i) total
and (ii) individual costs of printing these
reports;
(2) (a) Who printed each specified report, (b) how was
the specified printer decided upon and (c) on
what date did the specified printer deliver the
report to the specified entity;
(3) Whether any of the specified reports that had
been printed were found to be unsatisfactory; if
not, what is the position in this regard; if so, In
5
each case, (a) which reports, (b) for which entity,
(c) by which printer, (d) what action was taken
and (e) what were the costs?
REPLY
Information required is detailed. All relevant statistics
will be sourced from the various entities, thereupon the
Honourable Member will be availed with a
comprehensive reply.
QUESTION NUMBER 3439
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 4 NOVEMBER 2011 (INTERNAL QUESTION PAPER NUMBER 36)
3439. Mr D J Stubbe (DA) to ask the Minister of Mineral Resources:
(1) (a) How many copies of each annual report that was produced by (1) her department and (2) the entities reporting to her were commissioned for print in the 2010-11 financial year, (b) how many copies were actually printed and (c) what were the (1) total and (2) individual costs of printing these reports;
(2) (a) who printed each specific report, (b) how was the specific printer decided upon and (c) on what date did the specified printer deliver the report to the specified entity;
(3) whether any of the specified reports that had been printed were found to be unsatisfactory; if not, what is the position in this regard; if so, in each case, (a) which reports, (b) for which entity, (c) by which printer. (d) what action was taken and (e) what were the costs? NW4125E
REPLY
See attached.
The reports were printed according to the DMR and its entities requirements and were deemed satisfactory.
QUESTION NUMBER 3407
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 04 NOVEMBER 2011
(INTERNAL QUESTION PAPER NUMBER 36)
3407. Dr. PJ Rabie (DA) ask the Minister of Mineral Resources
What are the reasons for the 4% overall decline in the mining production (details furnished) despite the 12% increase in commodity prices in the 2010-11 financial year.
REPLY
Reply to Question
The global events such as the slowdown in the economies of developed countries have had a negative impact on the South African mining industry in the last financial year. For example, iron ore production recorded a decrease of 3.34% because of the decline in demand. Commodities such as gold also experienced a decline in production due to lower grade ores and problems associated with deep level mining. It should be noted that, production increases in the industry are not purely influenced by the price of commodities, since mining firms often experience a number of constraints such as availability of ore grades.
QUESTION NUMBER 3406
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER:
4 NOVEMBER 2011 (INTERNAL QUESTION PAPER NUMBER 36)
3406, Dr P J Rabie (DA) to ask the Minister of Mineral Resources:
(1) What is the envisaged time frame for tabling legislation to clarify the transfer on mining rights and deal with the lengthy waiting periods for issuing of water licenses?
REPLY
The envisaged time frame for tabling the MPRDA amendments to parliament is during the last quarter of 2012 legislative program. Challenges relating to the transfer of rights and streamlining of the licensing process are dealt with in detail in the proposed Draft Amendment Bill.
QUESTION NUMBER 3340
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 October 2011 (INTERNAL QUESTION PAPER NUMBER 33)
3340. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
(1) Whether the mining licence of a certain company (name furnished) was revoked for violating its (a) social, (b) labour and (c) environmental commitments in (i) 2009 and (ii) 2010; if not, what is the position in this regard; if so, what are the relevant details in each case;
(2) why did her department decide to afford the company temporary relief following the suspension of the company's mining licence;
(3) how does the application for appeal by the said company influence her department's position with regard to the decision to revoke the company's
licence? NW4001 E
REPLY
1. (a) No
(b) No
(c){i) No
(ii) No
2. The company's mining right was cancelled in terms of Section 47 of the MPRD Act, on the basis that the Minister formed the view that the company failed to implements mining operation in accordance with its mining works programme, which failure has a negative effect on its ability to meet its other statutory commitments.
By agreement between both parties, an Order of Court was made and consented to in terms whereof the Minister's decision was suspended pending the finalization of the judicial review proceedings.
3. The Minister's cancellation decision was not taken under delegated authority. Therefore an appeal against the Minister's decision would be incompetent.
QUESTION NUMBER 3250
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 October 2011
(INTERNAL QUESTION PAPER NUMBER 33)
3321. Mrs SV Kalyan (DA) to ask the Minister of Mineral Resources:
(1) (a) Who is the holder of mining permit 94/2010 issued in terms of section 27 of the Mineral and Petroleum Resources Development Act, Act 28 of 2002, 10 mine in Limpopo province, (b) on what date was the permit issued and (c) what are the names of the portions of land on which the mining operations are permitted in terms of the permit;
(a) Berrydust 28 (Ply) Ltd
(b) It was issued on 30 November 2010 for a period of one year.
(c) Portion 1ofthe fann Ehrenbreitstein 526 LQ
(2) whether, to date, the holder of the permit has complied with all conditions of the permit and the environmental management plan of the mining operation; if not, what has been her department's response in this regard; if so, what are the relevant details;
The Department cannot comment now and will only do so after an inspection has been conducted.
(3) whether, to date, her department has issued any notices or directives against the holder of this permit for deviations from the environmentalmanagement plan of the mining operation; if not, why not; If so, what arethe relevant details;
No, The Department has not issued any instruction, directive or notice on non- compliance.
(4) whether she will furnish a copy of the environmental management plan of the mining operation to Mrs S V Kalyan; If not why not
The Department can furnish a copy of the approved Environmental Management Plan, without any hesitation, as this is a public document. The requester would have to apply for access to records In terms of the Promotion of Access to Information Act.
(5) whether her department is holding the permit holder accountable to rehabilitate the land on which mining has already been completed; if not, why not; if so, what are the relevant details?
By virtue of being a holder of a mining permit and an approved Environmental Management Plan, Berrydust 28 (Ply) Ltd remains liable for all environmental liabilities until such time that a closure
certificate would have been issued in terms of section 43 of the Mineral and Petroleum Resources Development Act (Act 28 of 2002
QUESTION NUMBER 3186
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 OCTOBR 2011 (INTERNAL QUESTION PAPER NUMBER 33)
3339. MrG P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
(a) Why has her department been unable to verify assets to the value of R5,8 million during the asset management process conducted for the financial year ending 31 March 2011 (details furnished) and (b) what steps has she taken to implement a system to verify all assets? NW4000E
REPLY
(a) The assets in question were removed from the register due to the following reasons:
· Assets that were recorded twice in the register;
· Leased assets erroneously recorded as own assets;
· Fixed structures that were incorrectly recorded as movable assets; and
· Assets lost during relocation.
(b) Verification of assets is done twice a year and any discrepancy identified is followed up and dealt with in terms of the Treasury Regulations.
QUESTION NUMBER 3250
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 October 2011
(INTERNAL QUESTION PAPER NUMBER 33)
3250. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
Whether her department has set any requirements which must be met by mining companies to indicate under oath whether its parent company or any company affiliated thereto has had any charges leveled against it in any country in order to debar such companies (names furnished) from mining in South Africa; if not, why not if so, what are the relevant details? NW3865E
REPLY
No. The Mineral and Petroleum Resources Development Act , 2002 (28 of 2002 ) , which Act is administered by the Department in respect of prospecting and mining, does not provide for an affidavit or oath as stated in the relevant question.
QUESTION NUMBER 3249
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER 21 October 2011
(INTERNAL QUESTION PAPER NUMBER 33)
3249. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
Whether the operations of mines placed any obligation on mining companies to contribute a predetermined monthly amount into a dedicated fund to build up an amount [hat would be adequate for the full rehabilitation of the land at any given moment so that, regardless of the fortunes of the company, money would always be available to complete the rehabilitation of the land; if not, why not; if so, what are the relevant details? NW3864E
REPLY
Section 41 of the Mineral and Petroleum Resources Development Act ,2002 ( 28 of 2002 ), read with Regulation 53 , provides that the Applicant must make a prescribed financial provision for rehabilitation and management of negative environmental impacts before the Minister approves the Environmental Management Plan/Programrne and further that the holder of the right must annually assess his or her environmental liability and increase the financial provision to the satisfaction of the Minister.
QUESTION NUMBER 3248
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 October 2011
(INTERNAL QUESTION PAPER NUMBER 33)
3248. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
Whether the sale of any mine was contingent upon the seller first having to rehabilitate the land to the satisfaction of environmental scientists and neighbouring communities; if not, why not; if so, what are the relevant details? NW3863E
REPLY
No, Section 11 of the Mineral and Petroleum Resources Development Act, 2002 ( 28 of 2002 ) provides that the Minister must approve the consent if the cessionary, transferee, lessee, sub-lessee, assignee or a person to whom the will be disposed or alienated to is capable of carrying out and complying with the obligations and the terms and conditions of the right in question. This will include the ability on the part of the Cessionary to carry out environmental obligations as prescribed by the MPRDA.
QUESTION NUMBER 3186
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 OCTOBR 2011
(INTERNAL QUESTION PAPER NUMBER 33)
3186. Mrs S U Paulse (ID) to ask the Minister of Mineral Resources:
What amount in orders has been placed, with each specified travel agency that has been contracted by her office, (a) In the 2010-11 financial year and (b) during the period 1 April 2011 up to the latest specified date for which information is available? NW3753E
REPLY
Amount paid in orders that have been placed for be whole Department with the travel agencies contracted are:
(a) For the 2010/2011 financial year:
(
| i) Travel Adventures | R6,609,188.52 |
| (ii) Travel with Flair | R18,358,067.91 |
| (iii) Nexus Travel | R 410,301.06 |
| (iv] Wings Naledi | R 3,034,119.35 |
(b) From April to September 2011
| (i) Travel Adventure | R 8,942,909.63 |
| (ii) Travel with Flair | R 6,276,043.33 |
| (iii) Nexus Travel | R 58,882.65 |
| (iv) Wings Naledi | R 1,467,323.04 |
QUESTION 3185
DATE OF PUBLICATION: FRIDAY 21 OCTOBER 2011 [IQP No 33 -2011] THIRD SESSION, FOURTH PARLIAMENT
Question 3185 for written reply: National Assembly, Mr J J MC Gluwa (ID) to ask the Minister of Agriculture, Forestry and Fisheries:
What amount in orders has been placed, with each specified travel agency that has been contracted by her office, (a) in the 2010-11 financial year and (b) during the period 1 April 2011 up to the latest specified date for which information is available? NW3747E
REPLY:
(a) The Office of the Minister has not contracted any travel agency during this period.
(b) The Office of the Minister has not contracted any travel agency during this period.
QUESTION NUMBER 3069
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 14 OCTOBR 2011
(INTERNAL QUESTION PAPER NUMBER 31)
3069. Mr KS Mubu (DA) to ask the Minister of Mineral Resources:
(1) Whether (a) she, (b) the Deputy Minister and (c) any senior officials of her department intend to visit or have visited New Zealand during the 2011 Rugby World Cup Tournament; if so, what is the (i)(aa) name, (bb) rank and (cc) position or designation of each specified person accompanying (aaa) her, (bbb) the Deputy Minister and (ccc) each specified senior official and (ii)(aa) nature and (bb) official, reason for the visit;
(2) what (a) total amount will be spent or has been spent on the trip and (b) is the (i) description and (ii) detailed breakdown of the amounts that will be spent or have been spent on (aa) accommodation, (bb) travel and (cc) subsistence costs?
REPLY
(1) The Minister, the Deputy Minister and any senior officials of the Department of Mineral
Resources have not visited New Zealand during the 2011 Rugby World Cup Tournament;
(2) N/A, see above
QUESTION NUMBER 3026
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 14 OCTOBR 2011 (INTERNAL QUESTION PAPER NUMBER 31)
3026. Mr D C Ross (DA) to ask the Minister of Mineral Resources:
(1) Whether (a) her department and (b) any entity reporting to her was approached by a certain political organisation (name furnished) to contribute to its 66th birthday celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) her department and (b) any of the specified entities reporting to her agreed to the request; if not, what is the position in this regard; if so, in each case, (i) who approved the request, (ii) what was the justification for the agreement to the request and (iii) from which budget will the contribution be paid;
(3) whether (a) her department and (b) any of the specified entities reporting to her made financial contributions to the said political organisation without being approached for such financial contributions; if so, in each case, (i) what amount will be contributed, (ii) from which budget, (iii) who made the decision to provide the specified funds to the said political organisation and (iv) how is this (aa) decision and (bb) amount justified;
(4) whether (a) her department and (b) any of the entities reporting to her rely on any (i) statutory and (ii) policy provisions in (aa) agreeing and (bb) making such contribution; if not, in each case, what is the position in this regard; if so, in each case, what are the relevant details? NW3510E
REPLY
1. No political organisation approached the Department of Mineral Resources or any entity reporting to the Minister, to contribute to its 66th birthday celebrations.
2. N/A, see 1 above
3. N/A, see 1 above
4. N/A, see 1 above
QUESTION NUMBER 2958
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 September 2011
(INTERNAL QUESTION PAPER NUMBER 30)
2958. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
Whether she has found that the nationalisation debate is affecting the country's ability to capitalise on the current commodities boom; if not, what were the findings in this regard; if so, what are the relevant details of her findings? NW3433E
REPLY
No. Based on the feedback from various sources including meetings during the road-shows and promotional activities there is no evidence that there is a trend of disinvestment due to the nationalisation debate.
QUESTION NUMBER 2957
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 September 2011
(INTERNAL QUESTION PAPER NUMBER 30)
2957. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
(1) Whether her department has established the reasons for the 4% drop in mining output volumes during the period 2004 to 2010 (details furnished); if not, what is the position in this regard; if so, what are the (a) reasons and (b) further relevant details;
(2) how does her department intend to ensure that an enabling environment is created to turn the drop in output volumes around? NW3432E
REPLY
(1) As part of the Mining Industry Growth Development and Employment Task Team (MIGDETT) process social partners working together with government identified the binding constraints to growth and employment of the sector. These have since been incorporated as part of the New Growth Path with clear action plans which are under implementation.
QUESTION NUMBER 2788
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 16 September 2011
(INTERNAL QUESTION PAPER NUMBER 29)
2788. Mr G P D Mac Kenzie (Cope) to ask the Minister of Mineral Resources:
(1) Whether her department has any plans in place to resolve the growing trend of global mining companies choosing not to invest in South Africa, as reported in Financial Mail of 9 September 2011 (copy furnished); if not, why not; if so, what are the relevant details;
(2) whether any reasons for this situation has been identified; if not, why not; if so, what are the reasons? NW3251E
REPLY
1. The Department continuously engages in stakeholder forums with organised business and labour to devise means of attracting and promoting inward bound investment in South Africa by the global mining companies.
2. South Africa is in competition with other mining jurisdictions for mineral investments. There are therefore varying comparative advantages and disadvantages in that regard and this differs from commodity to commodity.
QUESTION NUMBER 2739
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 16 September 2011
(INTERNAL QUESTION PAPER NUMBER 29)
2739. Mr E J Marais (DA) to ask the Minister of Mineral Resources:
(1) (a) Who is the preferred service provider that is used by her department for the hiring of vehicles and (b) why is the specified service provider preferred;
(2) whether her department has a fixed contract with the specified service provider; if not, why not; if so, what are the relevant details;
(3) what is the (a) name of the service provider and (b) reason for using the specified service provider in each instance where vehicles have been hired for use by her or her Deputy Minister since March 2010? NW3200E
REPLY
1. (a) The Department does not have a preferred service provider for the hiring of vehicles.
(b) N/A, see above
2. N/A
3. (a) N/A
(b) N/A
QUESTION NUMBER 2569
DATE OF PUBLlCATION INTERNAL QUESTION PAPER: 9 September 2011 (INTERNAL QUESTION PAPER NUMBER 28)
2569. Dr S M van Dyk (DA) to ask the Minister of Mineral Resources:
Whether (a) her department or (b) entitles reporting to it have (I) awarded any tenders and (ii) concluded any (aa) contracts and (bb) financial transactions with certain companies (names and details furnished) In each specified financial year since 2005-06; if so, (aaa) which company or entity, (bbb) what are the relevant details, (ccc) what was the value of each (aaaa) tender, (bbbb) contract or (cccc) financial transaction and (ddd) what was the name of the companies who failed for each tender, contract or financial transaction that was awarded? NW2924E
REPLY
(a)(i) No tenders have been awarded to or contracts concluded by the Department or entities reporting to It with the service providers/suppliers provided in the list.
(ii) N/A, see i above
(aa) N/A, see i above
(bb) N/A. see i above
(aaa) N/A
(bbb) N/A
(ccc) N/A
(aaaa) N/A
(bbbb) N/A
(cccc) N/A
(ddd) N/A
QUESTION NUMBER 2532
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 2 September 2011
(INTERNAL QUESTION PAPER NUMBER 27)
2532. Mr P D Dexter (Cope) to ask the Minister of Mineral Resources:
REPLY
Why was her statement to the Cape Town Press Club meeting on 18 August 2011 on the granting of prospecting rights in the catchment area of Verlorenvlei different to her reply to question 1975 on the same day? NW2953E
The Minister stand by her reply to question number 1975.
QUESTION NUMBER 2463
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 2 September 2011
(INTERNAL QUESTION PAPER NUMBER 27)
2463. Mr M J Ellis (DA) to ask the Minister of Mineral Resources:
(1) Whether a certain company (name furnished) has been awarded a licence to prospect for coal in or around Waterpoort in Limpopo; if not,
(2) whether such an application has been made; if so, (a) on what dale was the first application handed in, (b) on what date was it awarded, (c) what is the (i) name and (ii) designation of the departmental official who awarded the right, (d) which minerals can be prospected for and (e) what amount may be extracted;
(3) whether copies of the (a) prospecting licence and (b) environmental management plan are available to the public; if not, why not; if so, what is the (i) name and (ii) contact details of the person from whom it can be obtained;
(4) whether interested and affected parties were consulted by the applicant in the process that led to the right being awarded; if not, how is this justified; if so, what are the relevant details? NW2872E
REPLY
(1) According to our Departmental records, no license has been awarded to a company called Berenice Coking Projects to prospect for coal in or around Waterpoort in Limpopo province.
(2) Not applicable
(3) Not applicable
(4) Not applicable
QUESTION NUMBER 2437
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 2 September 2011
(INTERNAL QUESTION PAPER NUMBER 27)
2437. Mr N D du Toit (DA) to ask the Minister of Mineral Resources:
What amount was (a) claimed by and (b) paid to (i) her and (ii) her deputy minister for subsistence and travel in each month in the 2010-11 financial year? NW2835E
REPLY:
(i) Minister:
(a) Total Claimed: R38,021.09
(b) Total Paid: R38,021.09
(ii) Deputy Minister:
(a) Total Claimed: R 7666.86
(b) Total Paid: R 7.666.86
QUESTION NUMBER 2381
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 2 September 2011
(INTERNAL QUESTION PAPER NUMBER 27)
2381. Mr M R Sonto (ANC) to ask the Minister of Mineral Resources:
Whether (a) her department and (a) the entities reporting to her have implemented any energy-saving (i) practices or (ii) devices for buildings, offices and boardrooms in the 2010-11 financial year; if not, why not, in each case; if so, what are the relevant details in each case? NWZ766E
REPLY
(a) Yes, the Department and entities reporting to the Minister have, amongst others implemented energy-saving practices and devices as indicated below:
· Replacing light fittings with energy savings devices/ utilisation of low wattage lighting
· Replacing motors with high efficiency energy savings ones
· Switching off of electrical appliances at the end of the day
· Lights sensors that automatically switches off when offices are vacated
· Day: night / evening timed switch off system have been installed
· Power monitor equipment to shed and manage consumption has been installed
QUESTION NUMBER 2333
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 August 2011
(INTERNAL QUESTION PAPER NUMBER 26) - Revised on 02/09/11
2333. Mr M W Rabotapi (DA) to ask the Minister of Mineral Resources:
(1) Whether (a) her department and (b) any entity reporting to her was approached by a certain political organisation (name furnished) to contribute to its centenary celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) her department and (b) any of the specified entities reporting to her agreed to the request; if not, what is the position in this regard; if so, in each case, (i) who approved the request, (ii) what was the justification for the agreement to the request and (iii) from which budget will the contribution be paid;
(3) whether (a) her department and (b) any of the specified entities reporting to her made financial contributions to the said political organisation without being approached for such financial contributions; if so, in each case, (i) what amount will be contributed, (ii) from which budget, (iii) who made the decision to provide the specified funds to the said political organisation and (iv) how is this (aaa) decision and (bbb) amount justified;
(4). whether (a) her department and (b) any of the entities reporting to her rely on any (i) statutory and (ii) policy provisions in (aa) agreeing and (bb) making such contribution; if not, in each case, what is the position in this regard; if so, in each case, what are the relevant details? NW2709E
REPLY
1, No political organisation approached this Department or any entity reporting to the Minister, to contribute to its centenary celebrations.
2. N/A, see 1 above
3. N/A, see 1 above
4. N/A, see 1 above
QUESTION NUMBER 2253
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 26 August 2011
(INTERNAL QUESTION PAPER NUMBER 26)
2253. Mr E J Marais (DA) to ask the Minister of Mineral Resources:
Whether her department has any plans to fill the additional vacant positions in the Mine Health and Safety Inspectorate; if not, why not; if so, by when will these positions be filled? NW2623E
REPLY
The department does not have additional vacant positions in the Mine Health and Safety Inspectorate. However, plans are in place to fill vacant positions in the lnspectorate depending on the availability of funding to fill such positions.
QUESTION NUMBER 2197
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 August 2011
(INTERNAL QUESTION PAPER NUMBER 25)
2197. Mr E J Marais (DA) to ask the Minister of Mineral Resources:
Whether the department intends rolling out any retention programmes to improve the (a) vacancy rate and (b) capacity in the inspectorate; if not, why not, in each case; if so, what are the relevant details in each case? NW2571E
REPLY
(a) Yes the Department has rolled and intends rolling out some retention programmes to improve the vacancy rate. The Department did develop Retention Guidelines which are currently applied lo retain our officials.
(b) The department has also appointed experienced retired Inspectors on contractual basis as Mentors to ensure that the new and upcoming inspectors are well guided I trained for capacity building purposes. The above-mentioned programmes are also aimed at building capacity in the Inspectorate, however, the introduction of PSCBC Resolution 3 of 2009 is currently impeding the retention of inspectors to some extent.
QUESTION NUMBER 2140
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 August 2011
(INTERNAL QUESTION PAPER NUMBER 25)
2140. Mr P D Dexter (Cope) to ask the Minister of Mineral Resources:
(1) Whether she will take steps to ensure that South Africa does not lose any prospective investors as a result of concerns around nationalisation of mines; if not, why not; if so, what steps;
(2) whether the Government intends taking action against persons who cause damage to the economy by their utterances and comments; if not, why not; if so, what action? NW2463E
REPLY
(1) Nationalisation is not government policy
(2) there is freedom of speech in South Africa
QUESTION NUMBER 2127
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 August 2011
(INTERNAL QUESTION PAPER NUMBER 25)
2131, Mr G R Morgan (DA) to ask the Minister of Mineral Resources:
(1) Whether the sandmining operations being conducted by a certain Investment company (name furnished) on behalf of a certain close corporation (name also furnished) on a property described as portion of the Farm Inanda Mission No 4579 within the eThekwini Metropolitan Municipality has a mining authorisation; if not, what steps will be taken to rectify this situation; if so, what are the relevant details;
(2) whether she has been informed that the activities on the site have resulted In the destruction of the river bank vegetation required to stab1lise the bank and are now placing the river bank at risk of erosion; if not, what is the position in this regard; if so, what steps will be taken to rectify this;
(3) (a) what are the dates of the last three visits by officials from her department to assess compliance on this site and (b) in each case, what are the (i) names and (ii) designations of the officials who conducted the visits;
(4) whether any directives have been issued against the mining operation for any compliance issues; if not, why not; if so, what are the relevant details?
NW2402E
REPL Y
(1) No. The Department will record the matter in the illegal database and liaise with other Organs of State to pinpoint the site in question. The Department has no mandate to regulate illegal mining.
(2) See (1) above
(3) See (1) above
(4) See (1) above
QUESTION NUMBER 2127
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12 August 2011
(INTERNAL QUESTION PAPER NUMBER 23)
2127. Mrs J F Terblanche (DA) to ask the Minister of Mineral Resources:
(1) Whether, with reference to her replies to questions 1604 on 2 June 2010 and 2672 on 4 January 2010, she has been informed that the sandmining operations of CN Shabalala are operating outside of its permitted area, as well as on land owned by the eThekwini Municipality; if not, what is the position in this regard; if so, what are the relevant details;
(2) since her reply to question 2672, (a) what are the dates of the visits of officers from her department and (b) in the case of each visit, what were the (i) names and (ii) designations of the officials;
(3) whether the sand mining operations of CN Shabalala are in possession of an improved environmental management plan; if not, how is this justified; if so, what are the relevant details;
(4) whether, since her reply to question 2672, any directives have been issued against the sandmining operations for lack of compliance of any provisions the operations are expected to comply with; if not, why not; if so, what are the relevant details?
NW2401E
REPLY
(1) Yes. The e·Thekwini Municipality provided information alleging that C.N. Shabalala was mining beyond the boundaries of their permitted area. The Department established that the holder of the mining permit was indeed mining beyond the boundaries as said.
(2) Inspections were conducted on 15 July 2010 and 03 September 2010 by various officials from the Department.
(3) Yes. The Standard Environmental Management Plan does contain mitigation measures in respect of management of environmental impacts.
(4) An order was issued in terms of section 93 of the Mineral and Petroleum Resources Development Act, 2002 (28 of 2002).
QUESTION NUMBER 2124
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12 August 2011 (INTERNAL QUESTION PAPER NUMBER 23)
Mr G R Morgan (DA) to ask the Minister of Mineral Resources:
(1) With reference to her reply to question 1409 on 25 July 2011, what are the (a) names and (b) designations of all persons appointed by (i) her director-general and (ii) the directors-general of (aa) the Department of Trade and Industry and (bb) the Department of Science and Technology to conduct work on behalf of the fracking task team;
(2) what are the (a) names and (b) designations of all persons from (i) Petroleum SA (PetroSA), (ii) the Council for Geosciences (CGS) and (iii) the Council for Scientific and Industrial Research (CSIR) who have conducted work on behalf of the fracking task team;
(3) whether, with reference to the moratorium on gas exploration licences where fracking is proposed, as announced in a Cabinet media release on 21 April 2011, the moratorium was published in the Government Gazette; if not, why not; if so, what is the number of the Government Gazette in which it was published?
NW2398E
REPLY
(1) (a) The names and designations of the fracking task team members cannot be divulged at this stage as the team has to execute its mandate free from any possible interference ;
(b) See (1) (a) above;
(2) See (1) (a) above;
(3) Government Gazette No. 33988, Vol. 584, Pretoria, 01 February 2011
QUESTION NUMBER 2122
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12 August 2011 (INTERNAL QUESTION PAPER NUMBER 23)
2122. Mrs S V Kalyan (DA) to ask the Minister of Mineral Resources:
Whether, with reference to her reply to question 1810 on 20 July 2011, the Director General has delegated decision making power in respect of the approval of the (a) environmental management plan and (b) the environmental management programme of applicants; if not, who is responsible for the approval of the (i) environmental management plan and (ii) environmental management programme; if so, what are the relevant details?
NW239SE
REPLY
Yes. The approval of the Environmental Management Plan and Environmental Management Programme in terms Mineral Resources Development Act, 2002 (Act No. 28 2002) has been delegated by the Minister in terms of section 103(1) of the aforesaid Act to the Regional Managers.
QUESTION NUMBER 2121
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12August2011
(INTERNAL QUESTION PAPER NUMBER 23)
2121. Mrs S V Kalyan (DA) to ask the Minister of Mineral Resources:
(1) (a) What is the name of the (i) owner of portion 31 of the farm called Vierfontein 61 IS and (ii)(aa) mine and (bb) owner of the mine that is currenl1y operating on portion 31 of the farm called Vrerfontein 61 IS, (b) on what date was the mining right in respect of this mine awarded and (c) when did the operation of this mine commence;
(2) whether there is an approved environmental management plan in place in respect of this mine; if not, what steps have been taken to rectify this situation; if so, what are the relevant details;
(3) (a) since 1 January 2010, on what dates have officials from her department conducted visits to the mine to check compliance with the environmental management plan and (b) what are the (i) names and (ii) designations of these officials who conducted these visits;
(4) whether any other entity held a mining right in respect of the specified portion of land prior to the current owner of the mine; if not, how was this conclusion reached; if so, what are the relevant details? NW2395E
REPLY
(1) a) (i)The Department does not know the owner of portion 31 of the farm Vierfontein 61 IS.
(ii) (aa) name of mine is Idwala Crypts which had a prospecting right first (1429PR) and was thereafter issued a mining right 393MR over the prospecting right,
(bb) Idwala Crypts (Ply) Ltd
b) Mining right was issued on 25 October 2010
c) Mining is still in a commissioning stage which started in January 2011.
(2) Yes, there is an EMP that was approved on the 25 October 201 0
(3) a) No Environmental compliance inspection conducted but a moratorium inspection was conducted on 2 February 2011.
b) (i) Mr Calvin Ngwane - Chief Mine Economist
(ii) Mr Phindani Makamu - Social and Labour Plan Officer
(4) No record of any entity held a mining right on this property.