Questions & Replies: Question & Replies No 1501 to 1550

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2008-11-28

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[PMG note: Any gaps in the numbering are due to the replies not being provided yet]

QUESTION NO 1501

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO 26/2008)

Date reply submitted: 21 October 2008

Mr M Waters (DA) to ask the Minister of Safety and Security:

(1) Whether he has been informed that the offices currently occupied by the Fire-arm Registration Centre in Kempton Park fall short of the safety standards prescribed by the Occupational Health and Safety Act, Act 85 of 1993; if so, (a) which requirements and conditions are not met and (b) by which date will they be met;

(2) whether the SA Police Service will be moved to other offices; if not, what is the position in this regard; if so, (a) when and (b) who will be responsible for ensuring that they are moved?

NW2218E

REPLY:

(1) The National Commissioner, as the Accounting Officer of the South African Police Service, is informed of significant findings made during inspections conducted at police premises, including the Firearm Registration Centre in Kempton Park.

(1)(a) Some of the requirements that were not met in terms of the regulation 27 are as follows:

· Lack of fire-fighting equipment

· Insufficient signage indicating escape routes

· Evacuation plans

Non-compliance with regulation 6 ( housekeeping matters) were:

· Insufficient office space

· The floors, walkways and walls not demarcated in terms of the Occupational Health and Safety legislation and South African National Standards (SANS) requirements.

Non-compliance with regulation 9 (fire precautions and means of egress)

· No emergency keys to unlock emergency doors in case of fire.

(1)(b) Within the next three months.

(2) The situation at present does not warrant such action; however, the notice was issued to ensure that matters of non-compliance are addressed. In this instance a comprehensive action plan has been developed to address these matters, and it will be carried out within the next three months.

QUESTION NO. 1502

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO. 26)

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

Whether her department is developing a system for the reporting of notifiable diseases; if not, how is data on such diseases being collected; if so, (a) when did this process commence, (b) when will it be completed, (c) what steps have so far been taken and (d) what will this system entail?

NW2221E

REPLY:

No. The current notification disease data is collected through a passive surveillance system where the health information officers or data capturer receives reports submitted from hospitals, clinics, public health units, or other sources. The National Department of Health is responsible for the operation and the enforcement of the National Health Act No 61, 2003. This is the principal legislation ensuring that all health care professionals from both the public and private health sectors notify the 33 Notifiable Medical Conditions. The notification system data is administered and captured at district/provincial level then sent to the NDOH through the Directorate: Epidemiology and Surveillance for quality assurance, validation, analysis and interpretation. The Notifiable Medical Conditions are sub-divided into two categories according to type of disease:

Category 1: requires an immediate notification to the Department of Health by telephone (Tel. 012 - 312 0750) or Fax 012 312 0815 upon initial diagnosis (presumptive or confirmed) with written notification form (GW17/5) to follow within 48 hours. We currently receive laboratory confirmation through the NHLS and National Institute for Communicable Diseases reporting systems once an index case has been identified.

Category 2: thatrequires a written notification (GW17/5) only, within five days of diagnosis. This data is captured through the District Health Information notification system. The data is then imported and merged for analysis and interpretation. Monthly notification reports are compiled at the national office directorate Surveillance and Epidemiology.

(a) For the past 30 years the Department has been collecting Notifiable Medical Conditions data.

(b) There is no new notification system that is being established. The current offline DHIS 1.4 notification system will be upgraded into an online notification system once the bandwidths are available in all the provinces.

(c) The department is currently developing a framework and operational strategy to coordinate and integrate all existing disease surveillance including the notifiable disease notification system at national, provincial and district levels.

NATIONAL ASSEMBLY

INTERNAL QUESTION QUESTIONS FOR WRITTEN REPLY

Friday, 9 October 2009

1503. Dr H C van Schalkwyk (DA) to ask the Minister for the Public Service and Administration:

(1)(a) How many cases of fraud and corruption have been reported since the creation of the State Information Technology Agency (Sita) in 1999, (b) how many of these cases have been investigated, (c) how many officials have been identified to be involved in fraud and corruption, (d) what action has been taken against these officials and (e) what steps has Sita taken to prevent fraud and corruption regarding tender processes;

(2) whether any companies that benefited from tainted procurement

practices have been investigated; if not, why not; if so, (a) how many companies were found to be involved, (b) what are their names and (c) what are the details of their involvement?

(3) Whether companies which were found to be involved in fraud and

corruption have been blacklisted; if not, why not; if so, what are the relevant details? NW1908E

REPLY:

1. a) Since the inception of SITA in 1999, a total of 251 cases were reported, of which eleven (11) cases relate to actual instances of fraud and corruption.

b) All eleven cases were investigated. In terms of SITA's Anti-Corruption and Anti-Fraud Policy and Response Plan

c) Nine (9) officials have been identified as being involved in fraud and corruption.

d) In six cases, disciplinary action was taken against the officials concerned and they were subsequently dismissed.

In two cases the officials resigned prior to the institution of disciplinary action and in one case; the disciplinary action is currently in process.

e) SITA's has developed an Anti-Corruption and Anti-Fraud Strategy which was approved by the SITA Board in March 2008. The strategy outlines the measures that SITA has adopted to combat the threat of fraud and corruption against the organization. The strategy addresses all identified fraud risks within the organization, including procurement related risks. Fraud detection reviews and fraud risk identification and control workshops are continually conducted in terms of the strategy.

(2)a) It remains difficult to ascertain whether any business owners and/or companies are guilty of illegal and corrupt tender practices and/or whether any company have benefitted from tainted procurement practices. All allegations of fraud and corruption against business owners and/or companies are internally investigated by SITA and, where appropriate, these are reported to the SAPS for the necessary further investigations. At present, sixteen companies have been and/or are in the process of being reported to the SAPS.

b) Due to the fact that these investigations are currently underway and in the absence of conclusive evidence, it is not appropriate in the business interest to disclose the names and details of those implicated, unless requested under oath.

(3) The term SITA uses in such instances is called "restriction of companies".

This term is also used by the Supply Chain management unit within

National Treasury. To date, no company has been restricted by SITA.

Restricting suppliers poses serious legal risks to SITA. Where there is a

case to be made to restrict a supplier, SITA acts accordingly. SITA is in

the process of thoroughly investigating a number of allegations and

incidents against a number of suppliers. As a result of these

investigations, SITA is currently considering restricting five companies.

QUESTION 1504

Ms F I Chohan (ANC) to ask the Minister for Public Enterprises:

How many SA Airways technicians employed to service and maintain aircraft fall into the categories of (a) 0-3 years', (b) 3-7 years', (c) 7-10 years' and (d) 10-15years' experience and more? NW2246E

Reply:

(a-d) The table below indicates the number of South African Airways Technicians (SAA/SAAT) employed to service and who maintain aircraft in the different categories.

Category

Number of technicians

0 – 3 yrs in service

162

3 - 7 yrs in service

287

7– 10 yrs in service

217

10 – 15 yrs in service

132

And more than 15 yrs in service

661

Total

1459

QUESTION 1505

Ms F I Chohan (ANC) to ask the Minister for Public Enterprises:

How many of the 725 SAAirways pilots fall into the categories of (a) 0-3 years', (b) 3-7 years', (c) 7-10 years' and (d) 10-15 years' experience and more? NW2247E

Reply:

(a-d) South African Airways (SAA) has 777 pilots not 725 as referred to in the question above.

The table below indicates the number of South African Airways (SAA) pilots in the different categories.

Category

Number of pilots

0 – 3 yrs in service

117

3 - 7 yrs in service

145

7– 10 yrs in service

85

10 – 15 yrs in service

114

And more than 15 yrs in service

316

Total

777

QUESTION 1506

FOR WRITTEN REPLY

Date of publication on internal question paper: 5 September 2008

Internal question paper no:

Mr E W Trent (DA) to ask the Minister of Social Development:

(1) Whether, since the inception of the SA Social Security Agency (SASSA), a certain company* (name furnished) was contracted by SASSA; if so, (a) what (i) were (aa) commencement and (bb) termination dates and (ii) was the purpose of these contracts and (b) in what amounts were contracts awarded to the said company;

(2) whether any settlements have been reached with the said company concerning (a) disputes over any clauses in any contracts with SASSA and (b) the termination of contracts with SASSA; if not, why not; if so, for each of the aforementioned categories, (i) in what amount was the settlement reached and (ii) by whom was the settlement negotiated;

(3) Whether the settlements were subject to any formal arbitration; if not, why not; if so, what are the relevant details? NW2248E

*Cash Paymaster Services

REPLY:

(1) Yes, the South African Social Security Agency (SASSA) took over the social assistance grants payment function and existing contracts from the nine (9) Provincial Departments (provinces) of Social Development with effect from 1 April 2006. No new contracts were contracted to SASSA to render the payment service, SASSA inherited all ten (10) cash payment contracts from the provinces through cession agreements which retained the same terms and conditions of all the contracts.

a. Cash Paymaster Services (PTY) LTD (CPS) render services in five(5) provinces; ALLPAY (PTY) LTD (ALLPAY) render services in three provinces and EMPILWENI Payout Services (PTY) LTD (EMPILWENI) renders a service in one province; the South African Post Office (SAPO) rendered services in the North West province until termination date.

i. (aa) Commencement dates differed between all ten (10) contracts ranging between years 2000 and 2005.

(bb) During December 2006, all the contracts with the exception of the SAPO contract which terminated on 8th April 2007 were first extended by SASSA to 31 March 2008. All Contracts were again extended for the second time to 31 March 2009; while a tender was published to appoint new third party contractors in all nine provinces.

ii. The purpose of these contracts is to disburse social grants payments to all qualifying beneficiaries.

(b) The service fee for each contractor is determined by the Service Level Agreements which each of the Provincial Departments negotiated at the time of the award. Since the ceding of the contracts SASSA was obliged to consider annual increases as per the terms and conditions contained in the various contracts.

(2) Yes, settlements were reached with CPS regarding disputes that related to the North West and the Eastern Cape contracts.

a. With regard to the North West, the dispute emanated from clause 33 of the contract between SASSA and CPS particularly sub-clause 339(2) and (3) which states that:

With regard to the settlement agreement for the Eastern Cape, the dispute related to losses incurred by CPS as a result of incurring additional expenditure in providing certain services to SASSA's predecessor, the Eastern Cape Provincial Department and the non implementation of the fee adjustment as provided for in the SLA.

b. No termination came as a direct result of the disputes alluded to in paragraph (a) above. The SAPO contract in the North West Province had already reached its termination date and a business decision was taken not to extend the said contract. This decision also informed the settlement with CPS.

i. The settlement amount for North West CPS was R35 000 000.00 (Thirty Five Million Rand) and for Eastern Cape CPS it was R49 493 802.00 (Forty Nine Million Four Hundred and Ninety Three Thousand and Eight Hundred and Two Rand).

ii. On behalf of SASSA settlement negotiations in both instances were led by the Management of the Grants Administration Branch (Customer Services).

(3) No, In respect of both provinces the settlements were amicably agreed upon the CEO of SASSA and CPS hence there was no need for the involvement of third parties.

QUESTION NO. 1507 INTERNAL QUESTION PAPER NO 26 of 2008

DATE OF PUBLICATION: 5 September 2008

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

With reference to his reply to Question 1128 on 16 July 2008, (a) who conducts the aerial surveys of seal populations, (b) when was the last survey done and (c) how often are surveys done?

NW2249E

MR I F JULIES (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1507. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(a) Scientists from the Department.

(b) December 2007

(c) In South Africa aerial surveys are undertaken every year. Aerial surveys in countries outside SA are undertaken every third year by the Department in co-operation with Scientists from Namibia and Angola. A full survey is due this year in December 2008.

QUESTION NO 1508

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO 26/2008)

Date reply submitted: 21 October 2008

Mr L B Labuschagne (DA) to ask the Minister of Safety and Security:

(1) Whether the SA Police Service no longer furnish crime statistics to various Community Policing Fora or crime combating fora; if not, why not; if so, how does this impact on the (a) purpose and (b) functioning of these fora;

(2) whether members of such fora are briefed on the crime situation in the relevant sector and/or community; if not, why not; if so, what are the relevant details;

(3) whether he will furnish unaudited statistics for the confidential use and planning of such fora; if not, why not; if so, what are the relevant details?

NW2250E

REPLY:

(1) For the past five years at least, the Minister for Safety and Security's policy has been very clear that station commissioners should, as often as necessary, inform the community about developing trends without referring to statistics. Details of emerging new crime trends, increases and decreases in specific crime trends, areas where crime is rife ("hot spots"), peak times during which crime is committed, as well as modi operandi, should be provided. This needs to be done to enable the public to participate in preventing crime because they are more aware of it. Clearly, the CPFs are the partners of the South African Police Service in conveying this information to the public. Paragraphs (3.1) and (3.2) of the Minister's Directive dated 26 May 2003 read as follows:

(3.1) "In cases where stations and/or areas do operational planning in cooperation with partners (e.g. CPFs, neighbourhood watches, the SANDF, etc.) operational statistics shall also be utilized circumspectly for planning purposes. These statistics should, however, never be released outside the limits of the partnership prior to verification."

(3.2) "The prerogative of the Station, Area, Provincial or National Commissioners' to keep the public informed regarding threats/operations or other matters, without referring to statistics, are not infringed".

(2) Members of community police forums are briefed on the crime situation in their area (station or sector) at their regular meetings. Briefings are conducted with due regard to participation at the meeting and the purpose of the information provided.

(3) No. The reasons for this stays the same, namely:

(3.1) Crime figures (N=values) for specific crimes for specific stations/areas over relatively short periods are so low that percentage increases/decreases can be very misleading.

In Table 1, a few examples of monthly averages (N=values) for crimes at each station are given. Table 1 contains the monthly averages for cases of murder, aggravated robbery, house robbery and housebreaking (residential) for the stations ranked one, ten and twenty[1] for each of the four crimes and the stations where 50% and 80% of the specific crimes respectively, had accumulated.

From this table, it should be quite clear that, even if the figures are used for the station which is ranked tenth for the four crimes given in Table 1, the average monthly figures are so low that even the addition or subtraction of a few cases will be misleading. At the station ranked tenth for cases of murder, namely Plessislaer, ten murders a month were reported. If a man decides to kill his family (4 people) and then himself, the figure of ten will rise to 14 for that month, which is a 40% increase. If a similar comparison is made for Taung, the figure of 1 will increase to 5 (which is an increase of 400%). If 15 house robberies were to be committed in Brooklyn by a certain gang every month, and a new gang starts operating in that area and ten additional robberies were to be committed, it will be an increase of 66,7%.

(3.2) From experience in the late 1990s, the South African Police Service has learnt that, if statistics at that level are issued regularly to the public[2] operational analysis is compromised. Members of the former Crime Information Analysis Centre (CIAC), now the Crime Intelligence Office (CIO), would be so busy responding to these enquiries that they would be unable to focus on their real objective, namely to do an operational analysis of crime information (including crime statistics). Over the past decade, crime statistics have become more politicized than ever and the public more fixated on crime statistics. If crime statistics are issued at shorter intervals at station level, the demand for releasing these statistics would be even higher then in the late 1990s.

(3.3) The official statistics on the Business Intelligence System and GIS that the CIO analysed at station level have not yet been released. However, interim statistics are available online hourly. There might be differences, albeit small, between these statistics and the official Crime Management Information System (CMIS) figures contained in reports of the South African Police Service's reports. These reports are also issued at station level on the Service's website, www.saps.gov.za.

The BI and GIS are linked to the Crime Administration System (CAS) which is updated as soon as new information is received. Once a month (on the 15th day of each month) statistics on the operational systems are downloaded onto the CMI. [COMMENT1] In the past, the crime statistics of the South African Police Service were released by the Minister for Safety and Security annually, but have now - since 2007 - been released every six months. These statistics are also available on the website of the South African Police Service.

If non-validated operational crime statistics were to be provided to the public at station level and the statistics are then later checked, verified and released on the website, it could lead to minor/insignificant differences being blown out of all proportion. This happened regularly in the media in the late 1990s.

A FEW EXAMPLES OF AVERAGE MONTHLY N=VALUES PER CRIME PER STATION

Type of crime

Number one station

Number ten station

Number twenty station

50% station

80% station

Murder

Nyanga (WC)

Plessislaer (KZN)

Duncanvillage (EC)

Vulindlela (EC)

Taung (NW)

738 other stations with fewer murders a month than Taung

24

10

8

3

1

Aggravated robbery

Durban Central (KZN)

Pinetown (KZN)

Temba (NW)

Parkview (GP)

Seshego (LIM)

892 other stations with fewer aggravated robberies a month than Seshego

223

91

68

36

13

House robbery

Sandton (GP)

Brooklyn (GP)

Kanyamazane (MP)

Verulam (KZN)

Lingelethu West

(WP)

958 other stations with fewer house robberies a month than Lingelethu West

31

15

10

5

2

Housebreaking (Residential)

Mitchells Plain (WC)

Garsfontein (GP)

Parkweg (FS)

Carletonville (GP)

Phalaborwa (LIM)

715 other residential stations with fewer incidents of house-breaking

189

106

86

39

16

Signed (paragraph 2)

QUESTION 1509

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 05/09/ 2008

(INTERNAL QUESTION PAPER 26-2008)

Mr LB Labuschagne (DA) to ask the Minister of Education:

Whether any consideration has been given to revising the current quintile system of funding schools by basing it on the composition of the learner body rather than the geographic location of a school; if not; why not; if so what are the relevant details?

NW 2251E

REPLY:

Yes, I have asked my department to review the current quintile system for school funding. The current quintile system, introduced in 2006, requires provinces to assign each school a poverty score based on the relative poverty of the community in which each school is located. Provinces then assign each school to a quintile according to a national poverty distribution table, so that poor schools in different provinces receive equal school allocations. However, the Head of Department in each province has the discretion to adjust the quintile ranking of a school. The departmental review will include consultations with all stakeholders before we release any proposals for public comment.

Question 1510

Mr L B Labuschagne (DA) to ask the Minister of Trade and Industry:

Whether any steps are being taken to strengthen the distribution agencies of the National Lottery Trust Fund; if not, why not; if so, what steps?NW2252E

Response:

The dti is aware of the challenges experienced by distributing agencies. The dti intends to address these challenges as part of reviewing the functioning of the National Lottery, including the review of the National Lottery Act in the near future.

QUESTION NO 1512

DATE REPLY SUBMITTED: MONDAY, 22 SEPTEMBER 2008

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 05 SEPTEMBER 2008 (INTERNAL QUESTION PAPER NO 26 – 2008)

Dr P J Rabie (DA) asked the Minister of Transport:

(1) How many airline companies have been registered to transport passengers and air freight;

(2) whether civil aviation has adequate capacity to see to it that these airline companies apply sufficient oversight and maintenance at internationally accepted standards; if not, what is the position in this regard; if so, what are the relevant details?

NW2254E

REPLY:

1.1

The Minister of Transport:

(1) There are currently 55 South African Air Operator Certificate holders authorised under Part 121 of the South African Civil Aviation Regulations to operate large aeroplanes engaged in commercial air transport operations (domestic and international).

(2) Yes, the South African Civil Aviation Authority (SACAA) has adequate capacity to conduct safety oversight on these operators, and is indeed conducting the required oversight, in accordance with the standards set by the International Civil Aviation Organisation and South African legislation.

Question 1513

Dr P J Rabie (DA) to ask the Minister of Trade and Industry:

Whether he will release the final report on a certain company (Corpcapital) to the public; if not, why not; if so, (a) when and (b) what are the further relevant details?NW2255E

Response:

In terms of the Companies Act, 1973 (No 61 of 1973) ("the Act") there is no specific action prescribed with regard to the printing and publishing of reports such as in the case of the investigation into the affairs of the Corpcapital Group of Companies. The preferred approached is that approval should only be given for the printing and publishing of such reports if there is information in the report that is deemed necessary to divulge in the public interest.

In line with Section 261 of the Act, copies of the Inspector's Report on the affairs of the Corpcapital Group of Companies were furnished to the company and the person who requested the investigation. Copies of the Report were also forwarded to the South Africa Reserve Bank and the South African Revenue Service as per the Inspector's recommendation. In terms of the Act, any person who is a member of the company or of any other body corporate dealt with in the report or whose interests as a creditor appear to be affected and who request a copy of the report, can be provided with a copy of the report at the prescribed fee. No such request has as yet been received in respect of the Report on the Corpcapital Group of Companies.

Available information therefore does not indicate the need for the release of the Report on the Corpcapital Group of Companies to the broader public.

Question No. 1515

NATIONAL ASSEMBLY INTERNAL QUESTION PAPER

QUESTIONS FOR WRITTEN REPLY

Response by Hon. Buyelwa Sonjica. Minister of Minerals and Energy. To Adv HC Schmidt's

Parliamentarv Question No. 1515

A. Question:

Following recent allegations that PetroSA signed oil deals with associates of Mugabe,(sic) whether the Minister can indicate (a) when was the deal between Middle East South Africa Energy (MESA) and PetroSA entered into; (b) what the specific terms 0 the deal were; if not, why not; if so, what are the relevant details in each case; (c) whether PetroSA was aware of the UN Final Report by the Panel of Experts on the Illegal Exploration of Natural Resources and other forms of Wealth of the Democratic Republic of the Congo; if not, why not?

B. Response:

a) The agreement was signed by both parties on 17 June 2004 – effective for two years, commencing on 1 August 2004.

b) The agreement stipulates that MESA will supply condensate as a feedstock for the Mossel Bay Refinery at price that are dependent on the grade of condensate that would have been supplied to PetroSA.

(c) No. But at any rate, the report did not specifically mention DRC or MESA.

BACKGROUND

After the aforesaid condensate deal, MESA subsequently successfully bid for other spot deals for Reformate, amongst others, all of which had nothing to do with DRC.

Recent News

On 24th August 2008 the Sunday Times newspaper published a story in its business section that insinuates that PetroSA knowingly "dished out oil deals" to a consortium partly owned by foreign businessmen accused of being fronts for Zimbabwean President Robert Mugabe.

PetroSA then placed it on record that in 2004 they concluded a tender wherein MESA Energy, a majority-owned South African company, was contracted to supply them with gas condensate. At the time three separate South African companies owned 51% of MESA. A Mauritian-registered company Pegasus Energy (Ltd) owned the remaining 49%.

A forensic audit to verify the legal and BEE status of MESA was conducted in accordance with PetroSA's policies. The decision to award MESA Energy this highly competitive tender, was based on PetroSA's stringent selection criteria, which considered factors such as pricing, BEE participation levels, and the ability to introduce various condensate grades.

It is also true that in January 2008, PetroSA purchased a spot cargo of Reformate from MESA.

Throughout these transactions PetroSA has conducted itself with professional integrity, putting at the forefront the best interests of South Africa. At no time before or after the two deals, was PetroSA ever informed of any allegations of impropriety concerning MESA or any of its partners.

It is therefore mischievous of the Sunday Times to insinuate that PetroSA knowingly conducted business in defiance of United Nations resolutions or sanctions. A fact is that PetroSA, in good faith, concluded two deals with .

Mesa Energy. Both deals were conducted in full compliance with PetroSA's internal processes which are aligned with PFMA Act.

Possible link between the "UN Final Report by the Panel of Experts on the illegal Exploration of Natural Resources and other forms of Wealth of the Democratic Republic of the Congo" and MESA http://www .natural-resources.ora/minerals/law/docs/pdf/ N0262179.pd

Among the Government departments interviewed by the Panel of Experts was the Department of Minerals and Energy of South Africa (p.54 of the UN Final Report). However, no names of officials interviewed were provided.

The central focus of the Panel's work was gathering information about politically and economically powerful groups involved in the exploitation activities / illegal exploration of natural resources and other forms of wealth of the Democratic Republic of the Congo (DRC), which are often highly criminalized. The UN Report's main focus is on the micro conflicts that have been provoked by the DRC civil war that have resulted in some groups, politically connected persons and high-ranking government officials from states involved in the conflict criminally exploiting the situation for self enrichment.

The report then goes further to explain the modus operandi of the said groups but has no specific mention of MESA Energy.

The person posing the questions seems to be of the opinion that there is a link between MESA (shareholders or individuals within MESA) and the entities alleged to be involved in the illegal dealings in DRC (from a Zimbabwe front) as shown in the extracts of the Report below. Unfortunately, a detailed investigation could not be conducted to prove beyond reasonable doubt that there is no such link.

Extracts from the Report that could be relevant to the questions posed are as follows:

"12. The regional conflict that drew the armies of seven African States into the Democratic Republic of the Congo has diminished in intensity, but the overlapping micro conflicts that it provoked continue. These conflicts are fought over minerals, farm produce, land and even tax revenues. Criminal groups linked to the armies of Rwanda, Uganda and Zimbabwe and the Government of the Democratic Republic of the Congo have benefited from the micro conflicts. Those groups will not disband voluntarily even as the foreign military forces continue their withdrawals. They have built up a self-financing war economy centred on mineral exploitation.

13. Facilitated by South Africa and Angola, the Pretoria and Luanda Agreements have prompted the recent troop withdrawals from the eastern Democratic Republic of the Congo. Welcome as they may be, these withdrawals are unlikely to alter the determination of Rwanda and Zimbabwe, and Ugandan individuals, to exercise economic control over portions of the Democratic Republic of the Congo. The departure of their forces will do little to reduce economic control, or the means of achieving it, since the use of national armies is only one among many means for exercising it. All three countries have anticipated the day when pressure from the international community would make it impossible to maintain large forces in the Democratic Republic of the Congo. The Governments of Rwanda and Zimbabwe, as well as powerful individuals in Uganda, have adopted other strategies for maintaining the mechanisms for revenue generation, many of which involve criminal activities, once their troops have departed.

17. Although troops of the Zimbabwe Defence Forces have been a major guarantor of the security of the Government of the Democratic Republic of the Congo against regional rivals, its senior officers have enriched themselves from the country's mineral assets under the pretext of arrangements set up to repay Zimbabwe for military services. Now ZDF is establishing new companies and contractual arrangements to defend its economic interests in the longer term should there be a complete withdrawal of ZDF troops. New trade and service agreements were signed between the Democratic Republic of the Congo and Zimbabwe just prior to the announced withdrawal of ZDF troops from the diamond centre of Mbuji Mayi late in August 2002.

18. Towards the end of its mandate, the Panel received a copy of a memorandum dated August 2002 from the Defence Minister, Sidney Sekeramayi, to President Robert Mugabe, proposing that a joint Zimbabwe-Democratic Republic of the Congo company be set up in Mauritius to disguise the continuing economic interests of ZDF in the Democratic Republic of the Congo. The memorandum states: "Your Excellency would be aware of the wave of negative publicity and criticism that the DRC-Zimbabwe joint ventures have attracted, which tends to inform the current United Nations Panel investigations into our commercial activities." It also refers to plans to set up a private Zimbabwean military company to guard Zimbabwe's economic investments in the Democratic Republic of the Congo after the planned withdrawal of ZDF troops. It states that this company was formed to operate alongside a new military company owned by the Democratic Republic of the Congo.

19. At the same time, local militias and local politicians have supplemented the role that State armies previously played in ensuring access to and control of valuable resources and diverting State revenue. The 'looting that was previously conducted by the armies themselves has been replaced with organized systems of embezzlement, tax fraud, extortion, the use of stock options as kickbacks and diversion of State funds conducted by groups that closely resemble criminal organizations.

20. Such activities have become increasingly prominent in the techniques of exploitation in the Democratic Republic of the Congo. The Panel has identified three distinct groups engaged in activities in three different areas and refers to them as elite networks. These elite networks have control over a range of commercial activities involving the exploitation of natural resources, diversion of taxes and other revenue generation activities in the three separate areas controlled by the Government of the' Democratic Republic of the Congo, Rwanda and Uganda, respectively."

22. The elite network of Congolese and Zimbabwean political, military and commercial interests seeks to maintain its grip on the main mineral resources - diamonds, cobalt, copper, germanium - of the Government-controlled area. This network has transferred ownership of at least US$ 5 billion of assets from the State mining sector to private companies under its control in the past three years with no compensation or benefit for the State treasury of the Democratic Republic of the Congo.

23. This network benefits from instability in the Democratic Republic of the Congo. Its representatives in the Kinshasa Government and the Zimbabwe Defence Forces have fuelled instability by supporting armed groups opposing Rwanda and Burundi.

24. Even if present moves towards peace lead to a complete withdrawal of Zimbabwean forces, the network's grip on the richest mineral assets of the Democratic Republic of the Congo and related businesses will remain.

Zimbabwe's political-military elite signed six major trade and service agreements in August 2002 with the Government of the Democratic Republic of the Congo. Reliable sources have told the Panel about plans to set up new holding companies to disguise the continuing ZDF commercial operations in the Democratic Republic of the Congo and a ZDF-controlled private military company to be deployed in the country to guard those assets

27. The key strategist for the Zimbabwean branch of the elite network is the Speaker of the Parliament and former National Security Minister, Emmerson Dambudzo Mnangagwa. Mr. Mnangagwa has won strong support from senior military and intelligence officers for an aggressive policy in the Democratic Republic of the Congo. His key ally is a Commander of ZDF and Executive Chairman of COSLEG, General Vitalis Musunga Gava Zvinavashe. The General and his family have been involved in diamond trading and supply contracts in the Democratic Republic of the Congo. A long-time ally of President Mugabe, Air Marshal Perence Shiri, has been involved in military procurement and organizing air support for the pro- Kinshasa armed groups fighting in the eastern Democratic Republic of the Congo. He is also part of the inner circle of ZDF diamond traders who have turned Harare into a significant illicit diamond-trading centre.

28. Other prominent Zimbabwean members of the network include Brigadier General Sibusiso Busi Moyo, who is Director General of COSLEG. Brigadier Moyo advised both Tremalt and Oryx Natural Resources, which represented covert Zimbabwean military financial interests in negotiations with State mining companies of the Democratic Republic of the Congo. Air Commodore Mike Tichafa Karakadzai is Deputy Secretary of COSLEG, directing policy and procurement. He played a key role in arranging the Tremalt cobalt and copper deal. Colonel Simpson Sikhulile Nyathi is Director of defence policy for COSLEG. The Minister of Defence and former Security Minister, Sidney Sekeramayi, coordinates with the military leadership and is a shareholder in COSLEG. The Panel has a copy of a letter from Mr. Sekeramayi thanking the Chief Executive of Oryx Natural Resources, Thamer Bin Said Ahmed AIShanfari, for his material and moral support during the parliamentary elections of 2000. Such contributions violate Zimbabwean law.

29. In June 2002, the Panel learned of a secret new ZDF diamond mining operation in Kalobo in Kasai Occidental run by Dube Associates. This company is linked, according to banking documents, through Colonel Tshinga Dube of Zimbabwe Defence Industries to the Ukrainian diamond and arms dealer Leonid Minim, who currently faces smuggling charges in Italy. The diamond mining operations have been conducted in great secrecy.

31. The techniques used by Mr. Forrest have since been replicated by Zimbabwean-backed entrepreneurs John Arnold Bredenkamp and Mr. AIShanfari. Mr. Bredenkamp, who has an estimated personal net worth of over $500 million, is experienced in setting up clandestine companies and sanctions-busting operations. Mr. AI-Shanfari has gained privileged access to the Government of the Democratic Republic of the Congo and its diamond concessions in exchange for raising capital from some powerful entrepreneurs in the Gulf such as Issa a/-Kawari who manages the fortune of the deposed Amir of Qatar. Also working with ZDF is a convicted criminal based in South Africa, Nico Shefer, who has arranged for Zimbabwean officers to be trained in diamond valuation in Johannesburg. Mr. Shefer's company, Tandan Holdings, has a 50 per cent stake in Thorntree Industries, a joint venture diamond-trading company with ZDF.

32. Zimbabwean Billy Rautenbach headed a joint venture cobalt-mining company and was Chief Executive of Gecamines from November 1998 to March 2000. Although stripped of his cobalt concessions in Katanga, Mr. Rautenbach told the Panel that the Government of the Democratic Republic of the Congo had offered his company, Ridgepointe International, mining rights to Gecamines concessions at Shinkolobwe, which include substantial deposits of uranium, copper and cobalt. Mr. Rautenbach's representatives said that any new agreement would be subject to the new mining code of the Democratic Republic of the Congo and any uranium mining operations would be open to inspections by the International Atomic Energy Agency."

QUESTION 1516

WRITTEN REPLY

5 SEPTEMBER 2008

Mr AH Nel (DA) to ask the Minister of Public Works:

Whether she was in possession of any legal opinion which cast aspersions on the constitutionality of the Expropriation Bill [B16-2008], if so, why was it not made available to the Portfolio Committee on Public Works.

REPLY

The Department requested a legal opinion on the constitutionality of the Expropriation Bill from a Senior Counsel. The legal opinion received did not cast any aspersions on the constitutionality of the Expropriation Bill, but confirmed its constitutionality.

The Department is however aware that a Parliamentary Senior Legal Adviser, Ms Adhikari prepared a legal opinion which raised concerns about the constitutionality of the Expropriation Bill. The said legal opinion was prepared by an employee of Parliament for the Portfolio Committee on Public Works and it was therefore not incumbent on the Minister to ensure that such a legal opinion was made available to the Portfolio Committee.

QUESTION NO. 1519

(Internal Question Paper No 25 - 2008)

Mr W P Doman (DA) to ask the Minister for Provincial and Local Government

(1) (a) How many posts on senior management level are currently vacant in each of the 283 municipalities and (b) how long have each of these posts been vacant

(2) whether each of these vacancies have been budgeted for; if not; why not; if so, (a) how much will be spent in filling these vacancies and (b) when will they be filled?

ANSWER

The Honourable Member will note that information has been obtained from Free State, Northern Cape and Western Cape provinces. The outstanding information from Eastern Cape, Gauteng, Kwa Zulu Natal, Limpopo, Mpumalanga, and North West province will be made available to the Honourable Member as soon as it has been received.

See tables here: http://www.pmg.org.za/docs/2008/questions/Q1519tables.pdf

QUESTION NUMBER 1520

Mr A C Steyn (DA) to ask the Minister of Housing:

(1) Whether she has been informed of a letter being distributed in the name of a certain person (details furnished); if so,

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

Reply:

Please find the following statement that was issued by the MEC for Local Government and Housing: North West on 11 August 2008, responding to this matter.

"Confiscation of houses a hoax

11 August 2008

The North West Department of Developmental Local Government and Housing has dismissed the fraudulent declaration signed by a fictitious "Hon Richard Molefe" purportedly in his capacity as Minister for Local Government and Housing as a hoax.

The deceitful "declaration" dated 31 July 2008 is fraudulently written on the letterhead of the North West Provincial Legislature and circulated in Klerksdorp. It alleges that according to New Statue Law 34/217 of 2008, 5 000 houses and or townhouses to the value of between R1.2 million in Tlokwe, Matlosana and Rustenburg Local Municipalities are to be confiscated from white house owners and transferred to previously disadvantaged groups.

There is no Hon Richard Molefe in the North West Provincial Legislature, in the National Assembly, National Council, Council of Provinces and in other provincial legislatures throughout South Africa. The quoted Statue Law does not exist and the "declaration" is not even in the prescribed format or gazetted as required by law. The hoax is a dishonourable, mischievous product of desperate elements wishing to stir unnecessary anxiety, discontent and tension within the targeted communities.

In dismissing the circulated document as a hoax, the MEC for Developmental Local Government and Housing, Howard Yawa said. "The Department has no intention to confiscate any houses or townhouses or infringe on the rights of citizens to property. The hoax is a disingenuous farce that undermines our constitutional democracy."

The department urges any person with information as to the origin of the document or its distributors to report the matter to the police. Residents are also urged to be vigilant and demand identification from any person claiming to be an official executing the declaration and report the person to the police."

QUESTION 1521

FOR WRITTEN REPLY

Date of publication on internal question paper: 5 September 2008

Internal question paper no:

Ms H Weber (DA) to ask the Minister of Social Development:

(1) Whether he has been informed that people with disabilities who attend partially subsidised disability day care centres have 75% of their disability grants deducted; if so,

(2) whether he intends intervening in this regard; if not, why not; if so, what are the relevant details? NW2263E

REPLY:

(1) No, the Minister has not been informed because officials in the Department are not aware of this practice.

Regulation 22 (1) states that, if a beneficiary of an older person's, disability or war veteran's grant is admitted to an institution that has a contract with the State to care for and maintain such a beneficiary, the relevant social grant must be reduced to an amount equal to 25 percent of the maximum amount of the social grant with effect from the first day of the fourth month following the month of the beneficiary's admission to that institution. Therefore, partially subsidised day care centres are excluded from this provision.

(2) The Minister of Social Development shall, on receipt of detailed information pertaining to the above-mentioned practice, investigate the issue.

QUESTION: NO 1522

(Internal Question Paper No 26 - 2008)

1522. Mr T D Lee (DA) to ask the Minister of Sport and Recreation:

(1) What was the total amount of money spent on (a) Team SA's preparations in international sports competitions in each year since 1994 up to the latest specified date for which information is available and (b) team officials in all the tournaments.

NW2264E

REPLY:

(1) (a) The total amount spent by the Department on Team SA's preparations for international competitions from 1999 to 2008 is R247 623 057.69.

(1) (b) The amount reflected above is inclusive of the expenses for Team

Management and Officials.

The amounts for 1994 to 1998 inclusive will be provided as soon as they are available.

QUESTION NO 1523

DATE REPLY SUBMITTED: MONDAY, 22 SEPTEMBER 2008

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 05 SEPTEMBER 2008 (INTERNAL QUESTION PAPER NO 26 – 2008)

Mr S B Farrow (DA) asked the Minister of Transport:

Whether new taxiways and the internal upgrading of the OR Tambo International Airport

are part of the Airports Company of South Africa's (Acsa) master plan; if not, (a) with what Acsa plan do these upgrades comply and (b) what is the estimated expenditure incurred to date; if so, what are the relevant details? NW2266E

REPLY:

1.2

The Minister of Transport:

All construction undertaken at Airports Company South Africa Limited (ACSA) airports are within approved plans. These include taxiways and the current upgrades as undertaken at O R Tambo International Airport. The current capital expenditure for the construction of infrastructure is as per the approved permission granted by the Regulating Committee for the Airports Company South Africa and Air Traffic and Navigation Services Company.

QUESTION NO 1524

DATE REPLY SUBMITTED: MONDAY, 22 SEPTEMBER 2008

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 05 SEPTEMBER 2008 (INTERNAL QUESTION PAPER NO 26 – 2008)

Mr S B Farrow (DA) asked the Minister of Transport:

Whether the Civil Aviation Authority has considered the Environmental Impact Assessment report for the proposed La Mercy International Airport with particular reference to Part 139 of the Civil Aviation regulations; if not, what steps have been taken to deal with noise levels and its effect on the surrounding areas; if so, (a) what are the findings of the investigations, (b) when does he expect the airport to be licenced and (c) what is the status of the airport in terms of (i) construction phase and (ii) expenditure to date?

NW2267E

REPLY:

1.3

The Minister of Transport:

Part 139 of the Civil Aviation Regulations calls for an environmental impact assessment to be performed and evidence of such to be presented to the South African Civil Aviation Authority (SACAA) as part of the application for a license. The SACAA has considered the environmental impact assessment as conducted and are fully satisfied with the contents thereof. The mandate for an environmental approval, however, remains with the Department of Environment Affairs and Tourism. The enforcement responsibility for zoning in terms of noise requirements is vested with the Local Authority, which participated in the intensive environmental assessment process undertaken by the Department of Environment Affairs and Tourism prior to the construction of the airport.

(a)

The Record of Decision issued for the environmental impact assessment contains the following record for noise and is reported as follows:-

1. The Airports Company South Africa Limited (ACSA) must adopt the International Civil Aviation Organisation's (ICAO) balanced approach to aircraft noise management which includes reduction at source, land-use planning and noise abatement.

2. The South African noise standards must be adhered to as specified and contained in Annexure 16 to the Chicago Convention, Volume 1, in the South African Civil Aviation Technical Standards.

3. A permanent noise-system must be installed and maintained by ACSA as stated in the current Civil Aviation Regulations.

4. Recommendations made in the letter of the Department of Transport dated the 27th July 2007 must be adhered to.

(b) and (c) (i)

The progress on the construction and completion of the Airport is scheduled for April 2010, at which time the Airport would be ready to be licensed.

(c) (ii)

The expenditure incurred to date for the La Mercy development, inclusive of the Dube Trade Port project, as at the end of August 2008 is R2.580 billion.

QUESTION NO: 1525

DATE PUBLISHED: 05 September 2008

DATE SUBMITTED: 12 December 2008

Mr M M Swathe (DA) to ask the President of the Republic:

(1) (a) When was a certain person (name furnished) appointed as political adviser, (b) what are the reasons for his appointment, (c) what qualifications does he have that made him suitable for this appointment and (d) what will his total salary be;

(2) whether he is entitled to a performance bonus; if not, what is the position in this regard; if so, what are the relevant details:

NW2268E

REPLY:

1. (a) The person was appointed as a Special Advisor initially to the Minister in the Presidency on 2 August 2008.

(b) & (c) The President appoints as Advisors persons whom he believes are going to assist him in the fulfillment of his duties, with regard to specific areas of the President's responsibilities.

(d) The person is paid at an hourly rate of R477.00

2. No

As a part time Special Advisor, he is not entitled to a performance bonus

QUESTION 1526

Mr E W Trent (DA) to ask the Minister for Public Enterprises:

(1) Whether the arbitration between Transnet and a certain company (name furnished) over the ownership/lease of land in the Port Elizabeth harbour has been resolved; if not, what is the position in this regard; if so, (a) how much land is involved, (b) where is it situated and (c) how was it resolved;

(2) whether Transnet or any of its subsidiaries will be adversely affected by the ruling; if not, what is the position in this regard; if so, (a) what will the impact be on the proposed moving of the ore-loading berth and petroleum tank farm out of the Port Elizabeth harbour and (b) what are the further relevant details? NW2269E

REPLY:

(1) (a-c) The arbitration between Transnet Limited and referred company has been resolved and an award was made on 8 February 2008. Transnet was directed to sign an Agreement of Lease and a Deed of Alienation.

In terms of the lease agreement, the leased land is situated at Humewood, Port Elizabeth, being two portions of Erf 578, measuring 0,5387 hectares and 17,0774 hectares respectively.

The alienated land includes a portion of Erf 577 in Humewood, measuring 10,7189 hectares and Erf 1289 in Morton Bay (also in Port Elizabeth), measuring 4,6387 hectares.

(2) (a-b) Neither Transnet nor its subsidiaries will be adversely affected by the ruling in terms of port operations as land use will be optimised for core operations.

Question No. 1527

Question:

Whether any further investigation has been undertaken or will be undertaken to resume exploration for oil and gas in (a) the Colchester area near Port Elizabeth and (b) off the coast between Oyster Bay and Port Alfred; if not, why not; if so, what are the relevant details?

Response:

a) No, there has not been any further exploration in the Colchester area. PetroSA has however undertaken desktop studies of the area as part of an investigation for future oil and gas exploration.

b) No, there has not been any exploration of the coast between Oyster Bay and Port Alfred, nor are we aware of any exploration that has previously been undertaken in the area.

In addition to the above, a task team has been put together to evaluate the deepwater opportunities offshore South Africa. The team has ranked the areas of interest in order of prospectivity as:

· Block 11B/12B (South Coast) - held by Canadian Natural Resources

· Block 3B/4B (West Coast) - held by BHP Billiton

· The Durban basin (East Coast) - this area is reserved by the Petroleum Agency for a licensing round.

QUESTION NO. 1531 INTERNAL QUESTION PAPER NO 26 of 2008

DATE OF PUBLICATION: 5 September 2008

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

Whether her or his department will be the relevant competent authority to consider the Northgate development application in Kimberley; if not, what is the position in this regard; if so, what are the relevant details?

NW2276E

MR G R MORGAN (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1531. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

The relevant competent authority to consider the environmental impact assessment application for the Northgate development in Kimberley is the Northern Cape Province's Department of Tourism, Environment and Conservation (DTEC). DTEC is the relevant authority as this application does not trigger any of the requirements in section 24C of the National Environmental Management Act, 1998 (Act 107 of 1998), as amended, which would make it an issue of national competency.

In terms of section 41(1) of the Constitution, 1996, as amended, neither I, nor my department can summarily intervene in the affairs of the provinces or other national departments, which are autonomous in relation to the functional areas of competence entrusted to them by the Constitution.

QUESTION NO. 1532 INTERNAL QUESTION PAPER NO 26 of 2008

DATE OF PUBLICATION: 5 September 2008

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

With reference to his reply to Question 1202 on 28 August 2008, (a) who are the directors of Eurozulu as listed on the concession agreement, (b) what does this concession allow the managing entity to do and (c) when will the concession end?

NW2277E

MR M J ELLIS (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1532. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(a) The directors of EuroZulu are:

Xelile Jethro Mlambo

Ephraim Falinthenjwa Mfeka

Jeffrey Paul Asher-Wood.

(b) The concession allows the managing entity to operate turtle tours from Cape Vidal.

(c) The concession ends in March 2009.

1533: Ms A M Dreyer (DA) to ask the Minister of Labour:

Whether his department has posted its employment equity report for 2007 on the department's intranet; if not, (a) what are the reasons for the omission and (b) what is the position in this regard; if so, when? NW2278E

Minister of Labour replied:

The Employment Equity report of the Department of Labour is on the Department's intranet.

QUESTION NO. 1534

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO. 26)

Ms S J Loe (DA) to ask the Minister of Health:

(a) What was the total cost for restructuring the SA National Aids Council (Sanac) in 2003, (b) how much was (i) allocated, (ii) spent and (iii) overspent by the Sanac in (aa) 2003, (bb) 2004 and (cc) 2005, (c) how many times did the Sanac executive meet in (i) 2003, (ii) 2004 and (iii) 2005 and (d) what was the actual cost of each of these meetings?

NW2279E

REPLY:

(a) South African National Aids Council (SANAC) was not restructured in 2003. In 2006, SANAC decided to conduct an internal review with a view to improve its efficiency. Building on the findings of that review, which encompassed strengths, weaknesses and challenges, SANAC was restructured into three tier structure in April 2007. SANAC met four times to discuss the restructuring, the cost of which was R559, 566.76 including the inauguration meeting and multisectoral consultations.

(b) The Table below reflects the situation in this regard:

SANAC TOTAL COST

2003 (aa)

(i) Allocated

(ii) Spent

(iii) Overspent

There was no dedicated budget for SANAC. The budget that was used was from Directorate: HIV & AIDS and the allocated budget was R6 285 000.00

R786 289.00

Nil

2004 (bb)

(i) Allocated

(ii) Spent

(iii) Overspent

R2, 408,000

R2 083 916.00

Nil

2005 (cc)

(i) Allocated

(ii) Spent

(iii) Overspent

R2,281,000

R2 205 141.00

Nil

SANAC EXECUTIVE MEETINGS

(c) Since 2003 – 2005, SANAC executive met six times

2003: 2 meetings (i)

21 January 2003

(d) No dedicated budget. No Record

27 May 2003

(d) No dedicated budget. No Record

2004: 2 meetings (ii)

6 October 2004

(d) R28 011.00 was the actual cost of the meeting

11 November 2004

(d) R936.00 was the actual cost of the meeting

2005: 2 meetings (iii)

21 October 2005

(d) R4 101.00 was the actual cost of the meeting

27 October 2005

(d) R1 005.00 was the actual cost of the meeting

QUESTION 1535

WRITTEN REPLY

DATE OF PUBLICATION: FRIDAY, 5 SEPTEMBER 2008

INTERNAL QUESTION PAPER NO.: 26-2008

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

1. Whether he intends to purchase a number of multipurpose patrol boats; if not, what is the position in this regard; if so, what are the relevant details;

2. whether the four corvettes purchased as part of the Strategic Defence Procurement Package (SDPP) are able to help ensure that the SA Navy meets its maritime law enforcement responsibilities; if not, what are the relevant details;

3. whether the Government will exercise its option to purchase a fifth corvette; if not, why not; if so, when;

4. whether an audit has been undertaken to determine whether the SA Navy has sufficient (a) personnel and (b) financial resources to operate the equipment acquired as part of the SDPP; if not, why not; in each case; if so, what are the relevant details?

-------ooo0ooo------- NW2281E

REPLY

1. Yes. The South African Navy intends to purchase six (6) multi-purpose patrol boats to replace the current ageing fleet. This project is in its infancy and is being nurtured by the SA Navy through all the appropriate forums in the Department of Defence (DoD).

2. Yes.

3. The matter is still under investigation.

4. Yes. The SA Navy, annually, conducts the required studies and modeling in order to determine requirements for: personnel; associated skills and budget. These studies are conducted as part of the normal strategic business planning process within the DoD.

QUESTION 1536

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER 12/09/2008

(INTERNAL QESTION PAPER 27-2008)

MS C. Dudley (ACDP) to ask the Minister of Education:

(1) Whether her Department has received queries or concerns from Grade 12 pupils regarding examination forms which they have been asked to sign which refer to "Senior Certificate without University Entrance"; if so what are the relevant details?

(2)(a) What are the relevant details regarding university entrance criteria which make it necessary to refer to "Senior Certificate without University Entrance" and;

2(b)(i) what information is available that can be used to assist Grade 12 pupils and concerned parents; and (ii) how can this information be accessed?

REPLY

(1) The DoE has received no queries of this kind from grade 12 learners.

2 (a) In addition to satisfying the requirements for the National Senior Certificate (NSC) candidates must meet the following minimum requirements for admission to Higher Certificate, Diploma and Bachelor degrees offered at higher education institutions:

(i) Higher Certificate: a National Senior Certificate with a minimum of 30% in the language of learning and teaching of the Higher Education Institution as certified by Umalusi, the Council for General and Further Education and Training

Diploma: a National Senior Certificate with an achievement rating of 3 (Moderate Achievement, 40% - 49%), or better in four recognized NCS subjects excluding Life Orientation.

Bachelor's Degree: a National Senior Certificate with an achievement rating of 4 (Adequate Achievement, 50% - 59%) or better in four subjects chosen from a NCS designated subject list.

(2) (b)(i) Provinces have publicised the National Senior Certificate qualification through circulars, posters and flyers and other media. Furthermore, Higher Education South Africa (HESA) published the "Guide to Entry Into Higher Education" 2007 version and the "Plan Your Future" summary guide on Higher Education (HE) admission requirements, translated into English, Afrikaans isiXhosa, Isis Zulu and Sesotho. All these documents have been distributed to schools, circuit districts/ regional and circuit offices.

(2) (b)(ii) Over and above the provincial circulars, flyers and posters and other media broadcasts, the information is also available on the Department of Education and National Information Service for Higher education (NiSHE) websites. This information is also available at all provincial offices, districts, circuits and schools.

The Matriculation Board website address is: www.hesa-enrol.ac.za

QUESTION NO 1537

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO 26/2008)

Date reply submitted: 21 October 2008

Mr M H Hoosen (ID) to ask the Minister of Safety and Security:

How much methamphetamine (Tik) has been confiscated by the police in Cape Town in 2007 in each policing sector?

NW2283E

REPLY:

In 2007 the South African Police Service confiscated the following number of metamphetamine (Tik) units in the Cape Town Central precinct:

Sector 1 - 169

Sector 2 - 303

Sector 3 - 13

Sector 4 - 45

TOTAL - 530

The above 530 confiscations represent units of Tik.

QUESTION NO: 1538

MR I E JENNER (ID) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(a) How many security breaches at Pretoria Central's C-Max prison have been reported in 2007 up to the latest specified date for which information is available, (b) how many of these breaches have been deemed serious and (c) what are the relevant details of the serious security breaches? NW2284E

REPLY

(a) For the period 1 January 2007 to 5 September 2008, seven (7) incidents of security breaches were reported.

(b) All breaches of security at a high security facility of this nature are regarded as serious by this Department and are investigated to determine possible security shortcomings and to implement corrective measures.

(c) Relevant details of reported serious security breaches at Pretoria C-Max Correctional Centre are as follows:

§ On 2007/01/19 a sharpened object was confiscated from an awaiting trial detainee.

§ On 2007/04/20 a hand cuff key was confiscated from a sentenced offender.

§ On 2007/04/20 a table knife was confiscated from a sentenced offender.

§ On 2007/07/05 dagga was confiscated from an awaiting trial detainee.

§ On 2008/03/11 a Nokia cell phone was confiscated from an awaiting trial detainee.

§ On 2008/08/25 a Nokia cell phone battery was confiscated from an awaiting trial detainee.

§ On 2008/08/26 a Nokia cell phone and a sim card were discovered in the Correctional Centre.

QUESTION NO: 1539

NATIONAL ASSEMBLYINTERNAL QUESTION PAPER

QUESTIONS FOR WRITTEN REPLY

1539. Mr LW (I D) to ask the Minister of Minerals and Energy:

(1) Whether public participation processeswere conducted regarding the Government's decision to build new nuclear power plant stations; if not, why not if so, how many submissions were received from public;

(2) Whether her department has considered the submissions; if not, whynot; if so, what are relevant details?

RESPONSES:

(1) No, this is OPE and DEAT's responsibility.

QUESTION NO 1540

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO 26/2008)

Date reply submitted: 20 November 2008

Mr M H Hoosen (ID) to ask the Minister of Safety and Security:

(1) (a) How many political party conferences have the SA Police Service been called in to maintain peace in 2007 up to the latest specified date for which information is available, (b) what resources were used by the SAPS at the conferences and (c) what was the cost associated in this regard;

(2) whether his department will recover these costs from the political parties concerned; if not, why not; if so, what are the relevant details?

NW2286E

REPLY:

(1) (a) A total of eight political party national conferences took place from

1 April 2007 to 31 July 2008. All conferences were policed from the planning phase as a proactive measure and, therefore, there was no need for the SAPS to be summoned to any of the events.

‑ ANC : 1

‑ African Christian Democratic Party : 1

‑ Azanian Peoples Party : 1

‑ Democratic Alliance : 1

‑ Independent Democrats : 1

‑ Inkatha Freedom Party : 1

‑ United Democatic Movement : 1

‑ Vryheidsfront Plus : 1

Total 8

(b) Police members were deployed with the normal equipment.

(c) Since it is the responsibility of this department to police major events, the operational costs were obtained from the operational budget.

(2) This department will not recover costs from any political party, as all the costs that were incurred were as a result of fulfilling this department's policing responsibility.

QUESTION NO: 1541

MR I E JENNER (ID) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(a) How many terminally ill prisoners are incarcerated, (b) how many of these prisoners are in (i) private hospitals, (ii) prison hospitals and (iii) prison cells and (c) how is the decision made as to where a terminally ill prisoner should be kept? NW2287E

REPLY

(a) One hundred and seventy (170) terminally ill inmates are incarcerated.

(b) (i) One (01) is in a private hospital.

(ii) One hundred and fifteen (115) are in the Correctional Centre In-patient facilities.

(iii) One (01) is in Correctional Centre cell, with the remaining total of fifty three (53) being in provincial hospitals.

(c) The decision as to where a terminally ill inmate (patient) should be kept, involves collaboration between the professional nurses and the attending medical practitioners, taking into consideration the health status (clinical condition) of the inmate (patient). In other instances the medical practitioners and professional nurses treating the patient will take into account the type of care that the patient may require, the frequency of care that the patient must receive, and the availability of health resources.

In other instances the patients are referred for treatment in the provincial hospitals where they will be admitted, treated and later discharged back to the Correctional Centre with further indications on how they should be further cared for. Some of the patients referred to these public hospitals are not admitted as anticipated and as such they are then accommodated either in the Correctional Centre In-patient facilities or the single cells.

In other instances where a provincial hospital indicates that there is no capacity to admit the patient, then the patient will be referred to a private hospital for further management of his/her health condition.

QUESTION NO. 1542

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 5 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO. 26)

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

(1) Whether E127 colourant is a banned substance for food stuff; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether a certain product (name furnished) produced by a certain company (name furnished) was found to contain E127 colourant in 2008; if so, what legal action was taken against the producer;

(3) whether the public was informed in this regard; if not, why not; if so, (a) which media was used to inform the public and (b) when?

NW2265E

REPLY:

(1) No, Erythrosine BS, also referred to as E 127, is currently permitted in terms of the colourants regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972) (Annexure IV) for use in sugar confectionery, cocktail cherries, cherries in syrup and processed meat, but not in any other foodstuffs. The rationale for listing only the mentioned foodstuffs in which erythrosine may be used as a colourant is as a result of the Joint FAO/WHO Expert Committee on Food Additives (JECFA), in their safety evaluation of erythrosine, had allocated a very low Acceptable Daily Intake (ADI) to erythosine. The ADI is defined as the amount of a food additive that can be ingested daily in the diet without appreciable risk on the basis of all facts known at the time. It is expressed as milligram per kilogram bodyweight. The ADI for erythrosine is 0.1 milligram per kilogram bodyweight. This means that an average person (taken as 60 kg) can maximally ingest 6 mg of erythrosine per day. For a child the maximum amount is even lower and a child weighing for example, 15 kg should not ingest erythrosine exceeding 1.5 mg per day, hence the reason why the colourant is not permitted in foodstuffs normally consumed by children.

(2) Yes, the Department of Health became aware of the situation regarding the presence of the colourant E127 (erythrosine) in the product, Nesquick strawberry milkshake manufactured by the company Nestle in South Africa, through a notification received from the European Food Safety Authority (EFSA), after a consignment of the product was rejected for importation by the mentioned authority. The Department immediately followed up with the manufacturer and it was established that the company misinterpreted the South African regulations related to colourants permissible in foodstuffs. The misinterpretation resulted from the company claiming that they considered sugar confectionery to include milk shake powders, such as Nesquick.

This resulted in the illegal use of E127 in the product in question. To prevent further misinterpretation in this regard, the Department of Health will ensure that a definition explaining clearly what sugar confectionery is be included in the relevant regulations published under the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972) in the near future.

As a result of this contravention of the Colourant Regulations, the Department instructed the company to institute an industry recall up to and including retail level in South Africa, of their product containing E127. Nestle confirmed that the company's withdrawal instruction was issued on the 29 July 2008 and by 1 August 2008 all shelves in stores were cleared of the stock and stored in their storerooms for return. About 200 tons were produced from week 17 (23 April 2008) up until week 30 (21 July 2008). On notification by the Department of Health, all production was immediately stopped. Approximately 117 tons of Nesquick Strawberry was distributed to the trade within this period. At the time of completion of the withdrawal, 58 tons were returned from the trade and destroyed immediately upon return to the warehouses. The balance of stock (approximately 250 tons), under the control of Nestle was blocked and quarantined immediately at the distribution centres and factory of the company and arrangements have been made for it to be destroyed by the end of September 2008. The provincial and local government health authorities were informed of the recall and requested to verify that the product had indeed been removed from the shelves within their areas of jurisdiction.

(3) No, the Department considered the steps taken by Nestlé as sufficient and due to the low risk associated with the consumption of foodstuffs containing E127 in general, as well as that it is permitted for use in certain foodstuffs, was satisfied that the matter was finalized appropriately and that no further steps were deemed necessary in this regard.

QUESTION NO. 1543

(Internal Question Paper No 27 - 2008)

Mr W P Doman (DA) to ask the Minister for Provincial and Local Government

(1) What (a) were the reasons for the abolishment of the Regional Services Council (RSC) levies and (b) was the total amount owed to municipalities when the RSC levies were abolished;

(2) whether municipalities were given a date by which to collect the moneys owed to them; if not. what is the position in this regard; if so, what was the deadline;

(3) whether municipalities have been successful in recovering those moneys; if not, what are the challenges they are facing; if so, what are the relevant details;

(4) whether his department has any plans to help those municipalities that could not recover the moneys owed to them at the time when RSC levies were abolished; if not, why not; if so, what plans;

(5) whether he has been informed of any legal action by a municipality or an individual representing a municipality against (a) organisations, (b) government departments. (c) private enterprises and (d) individuals over moneys owed to Regional Services Councils; if so, what are the relevant details in each case?

ANSWER

The RSC levies were administered by the Minister of Finance and their abolishment were also done by the Minister of Finance, and the related matters of collections also have interface with the South African Revenue Services (SARS) which also report to the Minster of Finance. Accordingly, this Parliamentary Question should be directed to the Minister of Finance not the Minister for Provincial and Local Government

QUESTION 1544

NATIONAL ASSEMBLY INTERNAL QUESTION PAPER

QUESTIONS FOR WRITTEN REPLY

1544. Mr L W Greyling (ID) to ask the Minister of Minerals and Energy:

(1) Whether her department is currently running a wind source atlas programme if so (a) when did the programme start and (b) when will a comprehensive wind atlas be available to the public'

(2) Whether there have been any delays in the programme; if so what were the reasons for the delays?

Response:

1 (a) Yes, the programme started in May 2008

(b) The 1stiteration of the wind atlas, covering coastal areas of the Northern Western and Eastern provinces is planned for November 2009. The final comprehensive version (reports, facts sheets, web site, and database) of the atlas is planned for the 3rdquarter of 2012.

2. No delays

QUESTION 1545

FOR WRITTEN REPLY

Date of publication on internal question paper: 12 September 2008

Internal question paper no:

Mrs J A Semple (DA) to ask the Minister of Social Development:

(1) (a) What is the distinction between a disability and a care dependency grant, (b) what are the criteria for granting each grant, (c) when were the criteria approved, (d) what documentation must applicants submit with their application for these grants and (e) what is the estimated time from receipt of an application for these grants until a decision is communicated to the applicant;

(2) whether his department conducts a physical assessment of applicants prior to a decision being made on their application; if so, (a) at which offices are these assessments carried out and (b) what is the expertise of the doctors conducting such assessments;

(3) whether deaf or hearing impaired persons qualify to receive disability grants; if not, why not; if so, (a) under what circumstances and (b) what criteria are used to (i) grant and (ii) decline the awarding of grants;

(4) whether any state grant is available to assist deaf or hearing impaired children with (a) specialised schooling and/or classes, (b) the purchase, maintenance and running of hearing aids, (c) the upgrading of ear moulds as children grow, (d) speech therapy or sign language lessons and (e) visits to audiologists and other specialist medical care; if not, what factors were taken into consideration in reaching this decision; if so, (i) what amount in each case and (ii) under what circumstances? NW2289E

REPLY:

(1) (a) The disability grant is a social assistance grant payable to an adult person with a disability, from the age of 18 years up to and including the age of 59 years for females and 63 years for males. The care dependency grant is a social assistance grant payable to the parent, primary care-giver or foster parent of a care-dependent child with a disability, requiring care and support.

(b) Disability Grant: A person is, subject to section 5 of the Social Assistance Act, 13 of 2004, eligible for a disability grant, if he or she

(i) has attained the prescribed age; and

(ii) is, owing to a physical or mental disability, unfit to obtain by virtue of any service, employment or profession the means needed to enable him or her to provide for his or her maintenance.

In addition to the requirements set out in section 9 of the Act and in Regulation 2(b), (c), (d) and (e) of the 2008 Social Assistance Regulations, a person is eligible for a disability grant if he or she is a person with a disability who has attained the age of 18 years and

a. he or she is a South African citizen, permanent resident or a refugee;

b. the disability is confirmed by an assessment which indicates whether the disability is-

i. permanent, in that the disability will continue for a period of more than 12 months; or

ii. temporary, in that the disability will continue for a continuous period of not less than 6 months or for a continuous period of not more than 12 months as the case may be:

Provided that the assessment must, at the date of the application, not be older than three months;

(iii) he or she is unable to enter the open labour market or to support himself or herself in light of his or her skills and ability to work;

(iv) he or she does not unreasonably refuse to accept employment which is within his or her capabilities and from which he or she can generate income to provide fully or partially for his or her maintenance; and

(v) he or she does not, without good reason, refuse to undergo the necessary medical or other treatment recommended by a medical officer.

The disability grant applicant will further be required to meet the requirements of the financial criteria set out in Annexure A of the 2008 Regulations.

Care Dependency Grant: A person is subject to section 5 of the Social Assistance Act, 13 of 2004, eligible for a care dependency grant if he or she is a parent, primary care giver or foster parent of a child who requires and receives permanent care or support services due to his or her physical or mental disability.

A person is not eligible for such a grant if the child is cared for on a 24 hour basis for a period exceeding six months in an institution that is funded by the state.

In addition to the requirements contemplated in section 7 of the Act, a parent, primary care-giver or foster parent is eligible for a care-dependency grant in respect of a care-dependent child if:

(i) an assessment confirms that the child, due to his or her physical or mental disability, requires and receives permanent care or support services; and

(ii) he or she meets the requirements of the financial criteria set out in Annexure D of the 2008 Regulations.

(c) The eligibility criteriawere approved as the Social Assistance Act, 13 of 2004 was promulgated in Parliament with regulations published in the Government Gazette no. 31356 of 22 August 2008.

(d) The original or certified copies of the following documents are required from an applicant on his or her application for a social grant:

(i) an identity document of the applicant and of his or her spouse; and

(ii) in the case of a care dependency grant, an identity document or a valid birth certificate of the care-dependent child in respect of whom an application for a social grant is made; or

(iii) proof of spousal relationship status.

Provided that if no valid proof is obtainable, a sworn statement or an affidavit in a format prescribed by the South African Social Security Agency (SASSA) may be accepted.

(iv) An application for a disability grant must, in addition to the documents required in subregulation 11(1) of the 2008 Regulations, be accompanied by the following documents-

i. A sworn statement or an affidavit in a format prescribed by the Agency, indicating the income and assets of the applicant, together with any supporting documents that may be deemed necessary and in the case of a spousal relationship, that of his or her spouse. In the absence of supporting documents an applicant may submit a sworn statement or an affidavit in a format prescribed by SASSA, stating that the applicant does not have supporting documents.

ii. in respect of a person with a disability, an assessment.

(v) An application for a care dependency grant must be made on the relevant form and in addition to the documents required in terms of subregulation 11(1) of the 2008 Regulations, be accompanied by the following documents-

i. A sworn statement or an affidavit in a format prescribed by SASSA, indicating the income of the applicant, together with any supporting documents that may be deemed necessary and in the case of a spousal relationship, that of his or her spouse. In absence of supporting documents an applicant may submit a sworn statement or an affidavit in a format prescribed by SASSA, stating that the applicant does not have supporting documents.

ii. an assessment referred to in Regulation 8(a) of the 2008 Regulations.

(e) The South African Social Security Agency must, according to Regulation 13(1), within three months of the date of application for a social grant notify the applicant of the approval or rejection of the application for the social grant. In practice the estimated time taken from receipt of the application for a social grant to the time the applicant is informed of the outcome of the application is 35 days, pending the availability of the assessment report from the medical officer.

(2) South African Social Security Agency (SASSA) does not conduct medical assessments, medical practitioners are appointed for this purpose.

(a) Assessment of applicants occurs at primary health care facilities, secondary and tertiary hospitals, specialised hospitals, psychiatric hospitals, day hospitals, certain community centres, non-governmental organisations, day care facilities, protective workshops, special schools, rehabilitation centres and specialised clinics as well as at certain SASSA offices.

(b) Medical officers conducting the assessments are required to complete a medical assessment form provided by SASSA and are required to undergo training on the completing the assessment form.

(3) Deaf adults are eligible to apply for the disability grant.

(a) & (b) (i) & (ii) They are required to meet the eligibility criteria as set out under reply 1(b)

(4) There is no state grant in terms of the Social Assistance Act 13 of 2004 available to assist deaf or hearing impaired children in a specialised school and/or classes, to purchase, maintain hearing aids, upgrade ear moulds, for speech therapy or sign language lessons and visits to audiologists and other specialist medical care.

The Department of Education has the mandate of providing special schools for children with disabilities and on consultation, will be able to inform you accordingly.

The competency and responsibility in respect of provision of hearing aids, upgrading of hearing aids, speech therapy and specialist medical care are the mandate of the Department of Health. It is recommended that the Department of Health be consulted with regard to these questions.

QUESTION NO 1546

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO 27/2008)

Date reply submitted: 21 October 2008

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

(a) What is the current (i) size and (ii) composition of (aa) aircraft, (bb) helicopters, (cc) aircrew and (dd) ground crew of the SA Police Service Air Wing and (b) what are the future plans for the acquisition of unmanned aerial vehicles (UAVs)?

NW2290E

REPLY:

(a)(i)(aa) Crew plus 9 (ii) Cessna Souvereign X 1

Crew plus 6 Beechjet X 1

Crew plus 6 Learjet 41 X 1

Crew plus 5 King Air 90 X 1

Crew plus 4 Cessna 402 X 1

Crew plus 5 Pilatus Porter X 9

Crew plus 8 Pilatus PC 12 X 1

(bb) Crew plus BK 117 X 2

Crew plus 3 BO 105 X 13

Crew plus 4 AS 350 B3 Squirrel X 13

Crew plus 2 MD 500 X 3

(cc) 45

(dd) 39

(b) The SAPS is doing research with regard to the feasibility of UAVs in aerial policing. A decision about this matter will be made before the end of the 2008/2009 financial year.

QUESTION NO 1547

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 12 SEPTEMBER 2008

(INTERNAL QUESTION PAPER NO 27/2008)

1. The research into violent crime was not put out to tender. However, the sole supplier route was utilized.

(a) Only the Centre for the Study of Violence and Reconciliation tendered.

(b) The CSVR is, by designation, currently the only organization that has specialized in the study of violence for the past decade and a half. Throughout this period, the organization has been an innovator in preventing violence, dealing with its effects and in building reconciliation in South Africa through its research and outreach programs. Furthermore, it is dedicated to conducting "action-oriented" research. It is the only organization that boasts the capacity to undertake various kinds of violence-related studies and these include: political, criminal, domestic, gendered, vigilante and state violence. The organization employs specialist researchers who, among others, include psychologists, sociologists, political scientists, historians, lawyers, criminologists and community development practitioners as a means to address violence from a multi-disciplinary perspective. The CSVR also boasts to have profound knowledge and has publications in the JCPS Cluster which this project at hand intends to address.

(c) The financial cost is as follows:

i. The total budget = R3 514 438

ii. Paid over to CSVR to date:

· R183 454 (2007-03-29)

· R821 753 (2007-07-31)

· R686 872 (2007-11-06)

· R764 948 (2008-02-28)

2. The following will be done with the completed report:

(a) Presentation to Cabinet Lekgotla for adoption and action

(b) International conference to engage a wider audience on violence and crime

(c) Identification of key implementation issues to be incorporated in the Government Programme of Action

(d) Monitoring, Evaluation and Reporting on the implementation of key recommendations by various role-players

QUESTION NO.: 1548 DATE OF PUBLICATION: 12 SEPTEMBER 2008

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

What are the current (a) available funded posts and (b) vacancies by occupation within the (i) Supreme Court of Appeal, (ii) Labour Court of Appeal, (iii) Land Claims Court, (iv) Water Court, (v) Tax Courts, (vi) Equality Courts, (vii) High Courts, (viii) Regional Courts, (ix) Family Courts, (x) District Courts, (xi) Maintenance Courts, (xii) Juvenile and Children's Courts and (xiii) Small Claims Courts?

NW2293E

REPLY

(a) and (b)

(i) Supreme Court of Appeal

Occupational Class

Available funded Posts

Available Funded Vacancies

Judge's Secretary

18

1

Law Researchers

5

1

Legal Admin Officer

1

1

Library Assistant

1

-

Librarian

1

-

Messenger

1

-

Registrar

1

-

Registrar's Clerk

5

-

Registry Clerk

1

-

Security Officer

13

12

Senior Law Researcher

1

-

Usher Messenger

4

-

Total

52

15

(ii) Labour Court of Appeal

Occupational Class

Available funded Posts

Available Funded Vacancies

Administration Clerk (DCRS)

13

13

Court Interpreter

5

-

Deputy Director

1

1

Food Services Aid

1

-

Judge's Secretary

1

-

Law Researcher

1

1

Legal Administration Officer

5

4

Librarian

1

-

Messenger

1

-

Registrar

2

-

Registrar's Clerk

36

28

Security Officer

12

7

Senior Law Researcher

1

1

Telecom Operator

1

1

Typist

2

-

Usher Messenger

6

1

Total

89

57

(iii) Land Claims Court

Occupational Class

Available funded Posts

Available Funded Vacancies

Administration Clerk (DCRS)

8

8

Administrative Officer

1

1

Court Interpreter

5

5

Deputy Director

1

1

Judge's Secretary

5

2

Law Researcher

1

1

Librarian

1

-

Messenger

1

-

Personal Assistant

1

1

Registrar's Clerk

3

1

Security Officer

6

3

Senior Law Researcher

1

1

Typist

1

1

Usher Messenger

5

4

Total

40

29

(iv) Water Court

The establishment of the Water Court is not held with the Department of Justice and Constitutional Development. The Honourable Member is requested to approach the Department of Water Affairs and Forestry for this information.

(v) Tax Court

The establishment of the Tax Court is not held with held with the Department of Justice and Constitutional Development. The Honourable Member is requested to approach SARS for this information.

(vi) Equality Court

The establishment of the Equality Court is located within the structure of the District Courts.

(vii) High Courts

Occupational Class

Available funded Posts

Available Funded Vacancies

Accounting Clerk

1

1

Administration Clerk(DCRS)

181

168

Administrative Officer

2

-

Area Court Manager

2

-

Chief Administration Clerk

1

-

Chief Security Officer

3

1

Chief Typist

3

-

Chief Registrar

4

-

Cleaner

14

8

Court Interpreter

71

12

Court Stenographer

2

-

Driver

6

2

Deputy Director

8

1

Director

3

-

E-Scheduler Clerk

4

-

Food Services Aid

5

3

Judge's Secretary

191

24

Law Researcher

39

34

Librarian

11

4

Library Assistant

12

1

Messenger

14

3

Principal Court Interpreter

6

3

Principal Messenger

4

-

Registrar

54

5

Registrar's Clerk

146

6

Secretary

4

2

Security Officer

90

28

Senior Law Researchers

8

7

Senior Registrar

2

1

Senior Court Interpreter

1

1

Telecom Operator

8

2

Typist

26

4

Usher Messenger

114

19

Total

1040

340

(viii) Regional Courts

The establishment of the Regional Court is located within the structure of the District Courts.

(ix) Family Courts

The establishment of the Family Courts are located within the structure of the District Courts.


(x) District Courts

Occupational Class

Available funded Posts

Available Funded Vacancies

Administration Clerk

4256

317

Administration Clerk(DCRS)

2002

1105

Administrative Officer

567

68

Area Court Manager

48

7

Assistant Director

118

16

Chief Administration Clerk

172

19

Chief Magistrate

24

5

Chief Security Officer

2

1

Chief Typist

3

1

Cleaner

260

75

Court Clerk

33

0

Court Interpreter

1710

233

Court Manager

160

53

Data Capturer

6

1

Data Typist

2

0

Deputy Director

26

7

Director

2

1

Driver

15

1

E-Scheduler Clerk

343

31

Food Services Aid

8

1

General Worker

6

1

Groundsman

19

6

Handyman

1

0

Inspector of Court Interpreter

1

1

Labourer

15

7

Library Assistant

3

2

Magistrate

1377

151

Maintenance Clerk

32

2

Maintenance Investigator

201

11

Maintenance Officer

110

28

Messenger

144

21

Operator

2

0

President: Divorce Court

1

0

Principal Court Interpreters

95

37

Principal Messenger

2

1

Principal Taxation Officer

1

1

Principal Telecom Operator

5

0

Regional Magistrate

17

2

Registrar

12

11

Registry Clerk

24

3

Secretary

22

2

Security Officer

358

108

Senior Court Interpreter

16

7

Senior Magistrate

151

33

Special Grade Chief Magistrate

1

1

Taxation Officer

3

2

Telecom Operator

56

6

Typist

335

35

Usher Messenger

1

0

TOTAL

12768

2421

(xi) Maintenance Courts

The establishment of the Maintenance Courts are located within the structure of the District Courts.

(xii) Juvenile and Children's Courts

The establishment of the Juvenile and Children's Courts are located within the structure of the District Courts.

(xiii) Small Claims Courts

The establishment of the Small Claims Courts are located within the structure of the District Courts.

Measures implemented by the Department of Justice and Constitutional Development to reduce the vacancy rate

· Previously, it took approximately 4-6 months to fill vacant posts. Every effort is now being made to fill vacant posts within 3 months.

· The filling of vacancies has been decentralised to the Regional Office.

· An establishment project was initiated to conduct an audit of the establishment in Regions and Branches. The objective of this project was to verify the correctness of the total number of approved vacancies as well as to determine whether these posts or funded. It has been confirmed that all posts on the permanent establishment are funded.

· HR has also adopted a pro-active approach, whereby as soon as posts become vacant, the relevant line managers are contacted and requested to advertise and fill the post in question.

QUESTION NUMBER: 1549

DATE PUBLICATION: 12 SEPTEMBER 2008

DATE REPLY SUBMITTED: 12 DECEMBER 2008

MR L K JOUBERT (DA) TO ASK THE MINISTER IN THE PRESIDENCY:

(1) What is the total amount that has been made for the refunding of the legal costs incurred by the Government on behalf of a certain person Mr Jacob Zuma in the event of a guilty verdict; if not, why not; if so, what are the relevant details;

(2) Whether any security or surely is held in lieu of the legal costs incurred; if not; why not; if so, what are the relevant details?

NW2294E

REPLY:

Question 1

The practice is that any person who receives funding or legal representation at the state's expense makes an undertaking to refund the state in the event he/she is found guilty of the charges against him/her.

After the verdict, the state attorney in recovering the costs, will compute a bill of costs and after taxation, present the bills to the said person ("accused") to refund the amount that has been taxed.

At this stage we cannot say how much Mr Zuma will be expected to pay in the event of a guilty verdict, because his case has not been finalized.

Question 2

There is no security held in lieu of legal costs to be incurred, however if Mr Zuma was a public servant, his pension benefits would be withheld until the case is finalized.

Should Mr Zuma be liable to refund the state, in that case the normal legal processes will be followed.

QUESTION 1550

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

(1) Whether it is the practice for the Commission for Conciliation, Mediation and Arbitration (CCMA) to hold arbitration hearings without informing the employer of the date and time of such a hearing; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether the employer against whom a complaint has been laid is entitled to (a) be present and (b) present his/her case; if not, why not; if so, what are the relevant details;

(3) whether there is a policy in place for having interpreters present at hearings to represent workers who are not fluent in English; if not, why not; if so, what are the relevant details?

THE MINISTER OF LABOUR REPLIED:

(1) The Commission for Conciliation, Mediation and Arbitration (CCMA) is obliged to give both parties a minimum of 21days written notice to attend the arbitration hearing. If the employee or both the employee and employer fail to appear the dispute will be dismissed provided there has been proper notice. If the employer fails to appear the hearing proceeds provided there has been proper notice.

(2) The employer must be present to present his/her case at an arbitration hearing and in terms of rule 25 of the CMMA there is a limited right of legal representation.

(3) The CCMA dispute referral form provides for the applicant to indicate if an interpreter is required in any of the 11 official languages and there is also provision for an interpreter in a foreign language. The CCMA provides an interpreter at the hearing free of charge.


[1] If stations are ranked/I am unsure of the correct statistical term. Is the word "ordered" correct? Please verify and amend, if necessary. ordered from the one with the highest number of the crime in question to the lowest number.

[2] This ranges from learners undertaking school projects, local preachers/priests preparing sermons to local security companies and even real estate agencies who want to use this information to sell properties.

(it is now historically frozen).