Questions & Replies: Public Service & Administration

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2011-11-08

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QUESTIONS 1961 FOR WRITTEN REPLY

FRIDAY, 29 JULY 2011

1961. Mr P J C Pretorius (DA) to ask the Minister for the Public Service and Administration:

(1) Whether there are any restrictions that apply to public servants preventing them from joining private sector entities with which they had direct work relations immediately upon them leaving the employ of the public service; if not, why not; if so, what are the relevant details;

Response:

The public service does not have any restrictions preventing public servants from joining private sector entities with which they had direct work relations immediately upon them leaving the employ of the public service. The absence of these restrictions is as a result of no regulation contained in the Public Service Act to prohibit such conduct.

This legislative gap has been identified by the Department of Public Service and Administration and the Department is working on addressing it. The absence of these restrictions has resulted in departments not being able to deal with conflict of interest's cases that arise as a result of post-employment activities of former public servants.

1961. Mr P J C Pretorius (DA) to ask the Minister for the Public Service and Administration:

(2) whether he intends introducing a cooling-off period particularly for senior management that would apply between the period of leaving the employ of the public service and joining private sector entities with which they had direct work relations; if so, (a) when and (b) what will the nature of these restrictions be? NW2199E

Response

The Department of Public Service and Administration has drafted the Public Sector Integrity Management Framework (Framework) which aim to strengthen measures regulating conflict of interests and probity in the public service, including restricting public servants from joining private sector entities with which they had direct work relating after leaving the public service. The nature of the restrictions contained in the Public Sector Integrity Management Framework preventing public servants from joining private sector entities with which they had direct work relations immediately upon them leaving the employ of the public service stipulate that "any contract concluded with a service provider, employee/s who participated in the procurement process leading to the award of the contract to the service provider may not within 12 months (cooling off period) after the conclusion of the contract accept any employment with that service provider or provide any service to the service provider in cash or kind. The provisions also restrict the service provider from employing such public servants. In addition, the proposed measures include a provision for the Executive Authority to waive the cooling off period should there be no evidence of 'javelin" throwing.

In supporting the implementation of the Framework, Ethics Officers will be deployed at departments to monitor the implementation of the Framework. Amongst other activities, the Ethics Officer will keep a register of names of officials participating in procurements processes of the department. The provisions contained in the Framework will be included in the Public Service Act and Regulations to support enforcement. The Special Anti-corruption Unit within the Department of Public Service and Administration will investigate cases of potential conflict of interests reported by the Ethics Officer and ensure that disciplinary actions are taken against officials.

The implementation of the Framework is expected to take place during 2012/2013 financial year.

QUESTIONS 1949 FOR WRITTEN REPLY

Friday, 29 July 2011

1949. Ms M R Shinn (DA) to ask the Minister for the Public Service and Administration:

(a) How many (i) international flights and (ii) domestic flights were undertaken by (aa) him and (bb) his deputy minister using (aaa) military aircraft, (bbb) chartered aircraft or (ccc) commercial aircraft during the period 1 April 2010 up to the latest specified date for which information is available, (b) what class did he and his deputy minister travel in each case and (c) what amount did his department spend with regard to each specified flight? NW2187E

REPLY

The Department of Public Service and Administration is reporting on the abovementioned questions from 1 April 2010 to 30 June 2011 for the Honorable Minister RM Baloyi:

(a)(i)Number of international flights: 11

(a)(ii) Number of domestic flights: 54

(aaa) Minister Baloyi has never made use of military aircraft.

(bbb) A charter flight was used once.

(ccc) Minister Baloyi has utilized commercial flights on 65 occasions

(b) Minister Baloyi travels First and Business class for international flights and for domestic flights he has travelled 41 times on business class and 13 times on Economic class.

(c) The amount spent on the charter flight is R199 864.46, on international flights is R539 848.00 and on domestic flights is R285 859.00.

The Department of Public Service and Administration is reporting on the abovementioned questions from 1 April 2010 to 30 October 2010 for the Honorable Deputy Minister Padayachie:

(a)(i)Number of international flights: 1

(a)(ii) Number of domestic flights: 33

(aaa) Deputy Minister Padayachie has never made use of military aircraft.

(bbb) Deputy Minister Padayachie has never made use of charter flights.

(ccc) Deputy Minister Padayachie has utilized commercial flights on 34 occasions.

(b) Deputy Minister Padayachie did travel First class for the international flight and for domestic flights he has travelled 30 times on Business class and 3 times on Economic class.

(c) The amount spent on international flights is R63 439.00 and on domestic flights is R280 624.50

The Department of Public Service and Administration is reporting on the abovementioned questions from 1 November 2010 to 30 June 2011 for the Honorable Deputy Minister Dlodlo:

(a)(i)Number of international flights: 3

(a)(ii) Number of domestic flights: 25

(aaa) Deputy Minister Dlodlo has never made use of military aircraft.

(bbb) Deputy Minister Dlodlo has never made use of charter flights.

(ccc) Deputy Minister Dlodlo has utilized commercial flights on 28 occasions under the reporting period.

(b) Deputy Minister Dlodlo travelled 3 times on First class and once on Business class for international flights and for domestic flights she travelled 24 times on Business class and once on Economic class.

(c) The amount spent on international flights is R223 423.00 and on domestic flights is R168 518.00

QUESTION NO: 1915

1915. MRS A STEYN (DA) TO ASK THE MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION:

Whether he has employed a ministerial special advisor; if so, (a) what are the duties of the advisor, (b) at which post level was the appointment made, (c) what is the salary level of the advisor, (d) what is the duration of the employment contract entered into with the advisor and (e) why was it necessary to appoint this advisor? NW2153E

Yes, I have employed two Special Advisors

1. Special Advisor – Operations:

(a) Provides advise on the strategic and political issues relating to the political management of the portfolio of Public Service and Administration as well as issues of coordination to deal with issues across Departments in the areas of:

· Policy implementation and compliance

· Discipline management

· Transformation of the Public Service

· Interphase with Parliament

· Interphase with mandating structure

2. Special Advisor – International Relations:

Provides advise on strategic and political issues relating to the Minister's International program which involves multilateral and bilateral engagements on issues of good governance in the world of policy to enhance the portfolio's international objectives and also performs any other tasks that maybe appropriate in respect of performance of my powers and duties as Minister for the Public Service and Administration in the international arena.

(b) Both advisors are appointed at Compensation Level III.

(c) Salaries not disclosed for personal reasons.

(d) Both advisors are appointed with a contract linked to the duration of the term of the Minister for the Public Service and Administration.

(e) To perform the functions as stated, respectively.

QUESTIONS 1827 FOR WRITTEN REPLY

FRIDAY, 29 JULY 2011

1827. Mr L Ramatlakane (Cope) to ask the Minister for the Public Service and Administration:

(1) Whether his department's anti-corruption unit is functional; if not, why not; if so,

(2) whether this unit has detected any instances of alleged corrupt practices in the department since its inception; if not, what is the position in this regard; if so, (a) how many complaints were received, (b) how many cases were (i) investigated, (ii) completed and (iii) resolved, (c) how many of the resolved cases resulted in dismissals and (d) what were the consequences in each case? NW2058E

ANSWER TO PARLIAMNETARY QUESTION

1827. The Minister for the Public Service and Administration's reply to parliamentary questions posed by Mr L Ramatlakane:

(1) The Special Anti-Corruption Unit (SACU) is indeed functional.

(2) The SACU did not detect instances or received complaints of alleged corrupt practices within the Department of Public Service and Administration.

(a) It must be noted that the mandate of the SACU spans beyond the Department of Public Service and Administration. The Unit's mandate is to coordinate, intervene and conduct investigations and disciplinary hearings of corruption related misconduct allegations and cases in the public service and to manage the protection of strategic information and sources thereof.

(b) In light of the above, the SACU is dealing with 33 cases in total, 30 cases were received from the SIU and 3 from informants.

(i) The preliminary assessment and validation of the 33 cases has been concluded by SACU and referred to SIU and SAPS for further investigations.

ii) The 33 cases referred to stakeholders for further investigation are still to be completed.

QUESTIONS 1826 FOR WRITTEN REPLY

FRIDAY, 29 JULY 2011

1826. Mr L Ramatlakane (Cope) to ask the Minister for the Public Service and Administration:

Whether any departments paid out bonuses to its employees or senior employees in the (a) 2009-10 and (b) 2010-11 financial years; if not, why not; if so, (i) which departments, (ii) what were the criteria on which the awarding of bonuses were determined and (iii) what total amount was paid out for bonuses across all departments? (NW2057E)

REPLY:

Whether any departments paid out bonuses to its employees or senior employees in the (a) 2009-10 and (b) 2010-11 financial years; if not, why not:

(a) Yes

(b) Yes

If not, why not:

(i) Which departments paid out bonuses to its employees or senior employees:

Please refer to Annexures 1 and 2 for the 2009-10 and 2010-11 financial years.

(ii) What were the criteria on which the awarding of bonuses were determined:

The criteria for awarding performance bonuses to members of the SMS are contained in Chapter 4 of the SMS Handbook. Members are rated according to a standard five-point rating scale, with percentage scores ranging from 35% to a maximum of 167%. The rating is done against outputs and activities in a performance agreement and workplan, containing Key Result Areas and Core Management Criteria.

The cash bonus is calculated as a percentage of the member's package at the time she/he completed the 12 months assessment cycle from 1 April to 31 March. The following table summarises the cut-off points and maximum percentages of package that apply for the awarding of cash bonuses in the SMS PMDS:

CASH BONUSES

CATEGORIES

TOTAL SCORE

CASH BONUS

Outstanding performance

150% - 167%

In the range 10%-14%

Performance significantly above expectations

130 – 149%

In the range 5%-9%

The awarding of these bonuses is conditional on SMS members signing their performance agreements by 31 May of the specific performance cycle.

For employees on salary levels 1 to 12, each department must develop its own performance management system, which must contain the rating scale, the scoring methodology and categories of performance, and the cut-off points for the granting of performance bonuses.

(iii) Total amount paid out for performance bonuses across departments:

2009-10 financial year:

· R 1 139 552 381

2010-11 financial year:

· R 1 071 571 005

QUESTIONS FOR 1774 WRITTEN REPLY

FRIDAY, 1 JULY 2011

1774. Dr H C van Schalkwyk (DA) to ask the Minister for the Public Service and Administration:

(a) How many chief executive officers (CEOs) has the State Information Technology Agency (Sita) had since its inception, (b) what is the name of each of the CEOs, (c) for how long was each person in office, (d) which of the CEOs were employed on a (i) permanent and (ii) temporary basis and (e) what was the reason for each CEO leaving his designation? NW2004E

WRITTEN REPLY

a) Since its inception, SITA had 16 contractual CEO's including the current CEO;

b) c) d) & e) provided below is the narrated list of SITA CEO's from 01April 1999 to date re incumbent; service duration; and nature of appointment as well as reasons for leaving.

No

(b) Incumbent

(d) Nature Of Employment

c) Date Appointed

c) End Date

(e) Termination Reasons

1

Mr. JC Van Niekerk

Contractual/ Permanent

01 April 1999- 30 June 1999

+- 3 Months

Resigned

2

Mr. Thabo Matsoso

Contractual/ Permanent

01 January 2000-29 Feb 2000

+- 2Months

Resigned

3

Mr. Kgabo Badimo

Acting/ Temporary

2000 (Acting)

+- 3 Months

End of Acting Period

4

Ms. Makano Mojapelo

Acting/ Temporary

2000 (Acting)

+- 3 Months

End of Acting Period

5

Mr. Sello Mokale

Acting/ Temporary

2000 (Acting)

+- 3 Months

End of Acting Period

6

Mr. Colin Van Schalkwyk

Contractual/ Permanent

4 November 2000 -30 Sept 2002

+- 10 Months

End of Contract

7

Mr. Mike Roussous (Board Member)

Acting/ Temporary

2001 (Acting)

+- 3 Months

End of Acting Period

8

Mr. Ken Modise

Acting/ Temporary

1 June 2002-30 Nov 2003

+- 17Months

End of Acting Period

9

Mr. Mavuso Msimang

Contractual/ Permanent

1 October 2003-14 May 2007

+- 4 Years

End of Contract

10

Mr. Peter Pedlar (Acting)

Acting/ Temporary

15 May 2007-31 Oct 2007

+- 5 Months

End of Acting Period

11

Mr. Llewellyn Jones

Contractual/ Permanent

1 November 2007-31 July 2008

+-8 Months

Resigned

12

Ms. Femke Pienaar (Acting)

Acting/ Temporary

1 August 2008-21 May 2009

+- 9 Months

Resigned

13

Mr. Moses Mtimunye (Acting)

Acting/ Temporary

22 May 2009-31 Aug 2009

+- 3Months

End of Acting Period

14

Ms. Ramabele Magoma-Nthite

Acting/ Temporary

01 September 2009- 30 June 2010

+- 9Months

End of Acting Period

15

Ms. Nontobeko Ntsinde (Board Member)

Acting/ Temporary

01 July 2010 -09 January 2011

+-5 Months

End of Acting Period

16

Mr. Blake Mosley-Lefatola

Contractual/ Permanent

10 January 2011

Currently

Current

QUESTIONS 1773 FOR WRITTEN REPLY

FRIDAY, 1 JULY 2011

1773. Dr H C van Schalkwyk (DA) to ask the Minister for the Public Service and Administration:

Whether the State Information Technology Agency has identified any challenges that require the agency's immediate attention to enable it to reposition itself in accordance with its original mandate; if not, what is the position in this regard; if so, (a) what challenges have been identified and (b) how will these challenges be dealt with? NW2003E

RESPONSE:

The agency has identified the challenges that require immediate attention to enable it to reposition itself in accordance with its original mandate

(a) The challenges mainly rest within the governance aspects of the organisation as well as the development of new operating models.

(b) These challenges are being addressed through the implementation of the Turn-around strategy (TAS) of SITA that was adopted by cabinet in March 2010 which has commenced during the 3rd term of 2010. As part of the TAS the Agency's focus has been on the institutional restructuring of personnel aligned with the key identified strategic outcomes for the period 2011 to 2014 namely: Quality service delivery to the public sector; Proficient lead agency in public sector ICT; Effective and integrated public sector ICT supply chain management; Competitive pricing and financial sustainability; Effective ICT Regulator; Effective Governance and Monitoring; and Positioning SITA as the Employer of Choice.

At an operational level, SITA has adopted a new operating model that optimizes value to the client through a coordinated and integrated approach to clients for guaranteed quality of service; and ddefine SITA Capability Model to ensure the availability of the requisites skills within SITA to be able to deliver on its mandate.

QUESTIONS 1772 FOR WRITTEN REPLY

FRIDAY, 1 JULY 2011

1772. Dr H C van Schalkwyk (DA) to ask the Minister for the Public Service and Administration:

Whether the State Information Technology Agency is currently experiencing a tender backlog; if so, (a) how many tender requests have been issued in (i) 2009 and (ii) 2010, (b) how many of these tender requests have been awarded, (c) what is the average turnaround time within which a tender is awarded and (d) what steps have been taken to improve this turnaround time? NW2002E

Response

(a) YES.

i. During the 2009/ 2010 financial year, 76 tenders were issued ; and

ii. During 2010/ 2011 financial year, 58 tenders were issued

(b) For 2009/ 2010 financial year 43 were completed and awarded; for 2010/ 2011 there were 10 completed and awarded.

(c) Average turnaround time for tenders completed in 2009/ 2010 financial year was 79 business days and 149 business days for 2010/ 2011.

(d) Procurement processes were overhauled to align to National Treasury guidelines being Supply Chain Management. SITA is in the process of implementing these. A training program has been identified to support the skills level of the remaining staff in SCM. As part of SITA's turnaround strategy, permanent capacitation of resources will be incorporated within this financial year.

QUESTIONS 1712 FOR WRITTEN REPLY

FRIDAY, 24 JUNE 2011

1712. Mrs A Steyn (DA) to ask the Minister for the Public Service and Administration:

(1) What is the detailed expenditure breakdown for the Ministry sub-programme under Programme 1: Administration in the (a) 2007-08, (b) 2008-09, (c) 2009-10 and (d) 2010-11 financial years;

(2) (a) what was the actual budget increase each year, expressed as a percentage, for funds allocated to this sub-programme and (b) how is the increase for each specified financial year justified? NW1926E

Reply

(1) Detail expenditure breakdown for the Ministry sub-programme under Programme 1 Administration see attached.

Description

2007/08

2008/09

2009/10

2010/11

Compensation of employees

6,416,000

8,020,000

13,049,045

16,672,154

Goods and services

8,407,200

10,234,000

13,023,085

13,891,899

Interest and rent on land

-

4,000

69,632

144,853

Transfers and subsidies

91,200

1,043,000

309,329

2,598

Payments for capital assets

48,000

106,000

2,371,951

1,430,256

Payments for financial assets

-

3,000

1,500

Total

14,962,400

19,410,000

28,823,043

32,143,260

(2) (a) Actual budget increase each year, expressed as a percentage

29.73% increase from 2007/08 to 2008/09

48.50 % increase from 2008/09 to 2009/10

11.52 % increase from 2009/10 to 2010/11

(b) The increase for each specified financial year is justified as follows:

· Increase from 2007/08 to 2008/09 - Mainly due to the increase in compensation resulting from the Ministerial salary adjustments and the appointment of advisory staff for the Minister. Goods and Services consequently increased as a result of the additional appointments.

· Increase from 2008/09 to 2009/10 – The appointment of a new Deputy Minister to the Department resulted in the increase in compensation and the setting up of a new office for the Deputy Minister and his support staff. The Department did not have a Deputy Minister prior to this appointment.

· Increase from 2009/10 to 2010/11 – Mainly due to the establishment of a research component within the Minister, the appointment of additional advisory staff as well as the setting up of an office for the appointment of the new Deputy Minister.

QUESTIONS 1647 FOR WRITTEN REPLY

1647 Mr L Ramatlakane (Cope) to ask the Minister for the Public Service and Administration:

Whether all senior managers have submitted their financial disclosure forms before the 2011 deadline; if not, why not; if so, (a) who did not submit their disclosure forms and (b) what disciplinary action will be taken against these specified managers? NW1854E

ANSWER:

No, all managers have not submitted financial disclosures forms:

(a) Thirty seven (37) SMS members did not submit financial disclosures forms as at 31 May 2011.

(b) The Department is currently busy with matter of disciplinary action against the said managers.

SUBMISSION OF FINANCIAL DISCLOSURES AT AS 31 MARCH 2011

Total No of SMS Members

98

No received as at 31 May 2011

53

No received after 31 May 2011

32

No who have not submitted

5

QUESTION 1473 FOR WRITTEN RESPONSE

1473. Mr JJ van der Linde (DA) to ask the Minister for the Public Service and Administration:

1. (a) On how many occasions since march 2010 did his office hire a vehicle to transport (i) him and his Deputy Minister and (b) in each case (i) what was the cost of hiring the vehicle, (ii) for what reason was the vehicle hired, (iii) for how many days, (iv) what (aa) make and (bb) model of the vehicle was hired and (v) what was the total distance was travelled.

REPLY:

(1) (a)(i) Minister Baloyi has used hired vehicles on 21 occasions since March 2010

(b) (i) Cost of hiring vehicles: R357 483.56

(b)(ii) Reason for hiring vehicle: The vehicles had to be hired during the reporting period because Minister Baloyi was executing official duties in other provinces and not in Pretoria and Cape Town where the Minister utilizes his official vehicles. In June 2010 the Minister had to utilize a hired vehicle due to his official vehicle being involved in an accident. Again in March 2011 the Minister had to utilize a hired vehicle due to his official vehicle being involved in an accident. On other occasions the Minister had to utilize hired vehicles due to this official vehicle undergoing routine maintenance.

(b)(iii) How many days: 165

(b) (iv) (aa) Make of vehicle: Mercedes Benz E200, E300, E350; Lexus LS 460

(b) (iv) (bb) Model of vehicle: this information is not readily available

(b) (v) Distance traveled: 21 398 kilometers

(2) (i) Deputy Minister Dlodlo has used hired vehicles on 18 occasions since November 2010

(b) (i) Cost of hiring vehicles: R204 744.24

(b)(ii) Reason for hiring vehicle: The vehicles had to be hired during the reporting period because the Deputy Minister was without an official permanent vehicle and thus had to rely on hired vehicles. Her official vehicle could only be procured during the March 2011. On other occasions the Deputy Minister was working outside Gauteng and Western Cape, where she has an official vehicle.

(b)(iii) How many days: 74

(b) (iv) (aa) Make of vehicle: BMW530i, Mercedes E300

(b) (iv) (bb) Model of vehicle: this information is not readily available

(b) (v) Distance traveled: 7 786 kilometers

(3) (i) Deputy Minister Padayachie used hired vehicles on 48 occasions from 1 March 2010 to 31 October 2010

(b) (i) Cost of hiring vehicles: R1 242 084.54

(b)(ii) Reason for hiring vehicle: When the Deputy Minister joined the portfolio for Public Service and Administration in May 2009, from the Department of Communications; he had just purchased an official vehicle which he had to leave behind at the Department of Communications. In this regard he could not immediately purchase another official vehicle, as there were no funds available, therefore the department had to resort to hiring a vehicle for the Deputy Minister. The position of Deputy Minister was a new addition to the structure of the department, and thus could not be budgeted for accordingly. During his entire tenure with the portfolio Deputy Minister Padayachie did not purchase any official vehicle. On other occasions the vehicles had to be hired because the Deputy Minister Padayachie was executing official duties in other provinces other than Gauteng and Western Cape.

(b)(iii) How many days: 674

(b) (iv)(aa) Make of vehicle: BMW 530i, 530d; Mercedes Benz E320, E350

(b) (iv)(bb) Model of vehicle: Information is not readily available

(b) (v) Distance traveled: 61 738 kilometers

QUESTIONS 1178 FOR WRITTEN REPLY

FRIDAY, 15 APRIL 2011

1178. Dr C P Mulder (FF Plus) to ask the Minister for the Public Service and Administration:

(1) Whether any public servants are being paid a scarce skills grant in terms of the Government's programme of action to which the previous Minister for the Public Service and Administration referred on 4 May 2005 (details furnished); if so, (a) how many officials are receiving this grant, (b) how many officials on each individual post level in the Public Service as a whole are receiving this grant, (c) how many officials on each individual post level of each separate state department are receiving this grant, which is paid to public servants (i) per post level and (ii) in total;

(2) (a) on what date did the payment of this grant commence and (b) until which date will this grant be paid;

(3) whether the payment of this grant has contributed to a strengthening of the senior management services of the Public Service; if not, why not; if so, what are the relevant details? NW1312E

REPLY:

(1) The Scarce Skills Allowance was introduced in the Public Service by means of two collective agreements signed with organised labour, namely Public Service Coordinating Bargaining Council Resolution (PSCBC) 2 of 2004 for transverse scarce skill occupations and Public Health and Welfare Sector Bargaining Council Resolution (PHWSBC) 1 of 2004 for professionals in the Health sector.

(a) Due to problems experienced with the implementation of the Scarce Skills Framework for transverse scarce skill occupations, a decision was taken not to roll out the payment of the scarce skills allowance for transverse occupations, but to develop more long term solutions to the scarce skills challenge through the introduction of occupational specific salary dispensations.

Within the Health sector Scarce Skills allowances were payable in terms of PHWSBC 2 of 2004 to the following occupations with effect from 1 July 2003:

· Medical Specialists

· Dental Specialists

· Medical Doctors

· Pharmacists

· Pharmacologists

· Dental Technicians

· Psychologists

· Dieticians

· Nutritionists

· Occupational Therapists

· Physiotherapists

· Radiographers

· Speech Therapists

· Professional Nurses with qualifications in the following specialties and performing functions pertaining to these specialties:

o Operating Theatre Technique

o Critical (Intensive) Care

o Oncology

Payment of the Scarce Skills allowances were terminated and incorporated into salary with the introduction of Occupation Specific Dispensations (OSDs) for these occupations in terms of PSCBC Resolution 1 of 2007. It must be noted that OSDs have been implemented for all the above Health occupations who previously received scarce skills allowances.

(b) and (c). No scarce skills allowance is currently payable to health professionals since it was replaced with the introduction of OSDs.

(2) Payments of the Scarce Skills allowance for Health professionals commenced on 1 July 2003 and were terminated in 2007, 2009 and 2010 with the implementation of the OSDs.

(3) The Senior Management Service (SMS) was not covered by the Scarce Skills Framework and the subsequent payment of the Scarce Skills allowance. There were, however, Health professionals remunerated on the salary dispensation of the SMS who received the Scarce Skills Allowance. Payment of these scarce skills allowances were subsequently terminated in 2009 with the implementation of the OSD for Medical professionals.

RESPONSE TO PARLIAMENTARY

QUESTION 1099 - BY THE HON MP DR HC VAN SCHALKWYK: TO THE MINISTER FOR PUBLIC SERVICE AND ADMINISTRATION

Whether knowledge of the information technology (IT) industry and specific qualifications regarding information and communications technology (ICT) is a requirement for a person to serve on the State Information and Technology Agency (Pty) Ltd (SITA) board; if not, why not; if so, what (a) qualifications and (b) experience in the ICT sector does each member of the current SITA board have?

RESPONSE:

Appointment of the SITA Board Members is in accordance with section 10 of the SITA Act no 88 of 1998, which does not specify on any requirements for SITA Board members to have knowledge and experience in ICT. The only specified areas reflected in the Act are for additional Members of the Board to serve as non-executive members, one from the Department of Public Service and Administration; one from Department of State Expenditure (National Treasury); one with a legal background; and other members to be appointed based on the grounds of their expertise.

Accordingly, the Minister for Public Service and Administration appointed members from all the above mentioned sectors and the rest of the members from diverse backgrounds in order to discharge the fiduciary responsibilities defined in the Companies Act and other relevant corporate governance principles.

In this regard the SITA Board is constituted of individuals that are highly qualified and experienced in various fields to include:

ICT- vast knowledge, qualifications and experience in the ICT environment.

Accountancy/Finance – to ensure adequate oversight on the entity's compliance with the evolving accounting practices and standards as well as the Public Finance Management Act (PFMA)

Social development – as an agency of government, SITA is responsible for integrated sustainability reporting as well as contribution to the achievement of key government objectives, of which social development is one

Stakeholder relations/ Communications – To be able to guide the Agency's stakeholder relations and communications strategy and to facilitate intertwining relationships that are symbiotic between the organization and its stakeholders

Human capital – to provide oversight on the adequacy of process related to the Human Resources systems and processes, including organizational design, human resources planning and performance management

Legal background – to provide the Board with the capacity to monitor the entity's compliance with applicable laws and regulations as well corporate governance compliance

Public development and management – members are able to track performance and progress with regard to the service delivery objective that SITA is mandated to carry

QUESTION NO: 1034

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

(1) Whether any policies are in place to verify the academic qualifications of senior managers in the Public Service; if not, why not, if so, for the past financial year for which information is available, (a) what are the further relevant details with regard to these policies and (b) how many senior managers were found to have submitted fraudulent qualifications;

(2) whether any of these managers have been dismissed; if not, why not; if so, (a) which managers and (b) within which sector were they stationed? NW1152E

Response:

(1) The Minister for Public Service and Administration (MPSA) issued a Circular (2009) and subsequent Directive (2010) on the verification of Public Service employees' qualifications by SAQA.

a) The Directive makes provision for departments to use the South African Qualifications Authority's (SAQA) verification services with regards to bulk verification of existing employees' qualifications (including SMS employees).The verification service includes a fast tracked process for verifica1ion of high level appointments (DDGs and DGs), and the evaluation of foreign qualifications. The Directive also includes the verification of qualifications of prospective employees.

Submissions af qualification records of existing employees for bulk verification, by departments, was originally supposed to have been completed by 30 April 2010, however, a number of departments indicated challenges firstly, in terms of funding especially where there were large numbers of employees and secoildly, in terms of existing contractual arrangements which had to be honoured the final date for implementation was therefore postponed to 30 April 2011.

The Directive includes specific instructions concerning senior managers, whereby the qualifications of all applicants to senior manager-nent positions must be verified and reported on, as part of their appointment process.

The procedure for verifying the qualifications of prospective and newly appointed DGs and DDGs consists of the recruiting Department submitting the applicant's qualifications to SAQA for verification; SAQA responds via a letter to the recruiting Department; and the Department submits the verification letter to Cabinet in terms of the appointment process.

b) The number of applicants to senior management positions (where these are known), whose qualifications have been verified since the inception of this procedure (August 2009), is 204. Most (90%) of these applicants have multiple qualifications, and thus a total of 527 qualifications has been verified for the 204 candidates. SAQA has reported that of six candidates were found to have a qualification that was misrepresented. Cases of misrepresentation were; incomplete qualifications, no record of the individual having completed the qualification/programme or deliberate tampering with the certificate or statement of results, (all but one of them submitted multiple qualifications, and the balances of their qualifications were confirmed). In summary:

c)

Measure

Total

Confirmed

Misrepresented

Number of

candidates

verified

204

198

6

PercentaQe

100.0%

97.1%

2.9%

Number of

qualifications

verified

527

521

6

PercentaQe

100.0%

98.9%

1.1%

The verifications of 92 qualifications for a further 30 senior management candidates are in progress. For these, the findings thus far reveal no misrepresentations.

(2) It should be noted that, because these were prospective applicants to senior management positions, who mayor may not be in the Public Service, the question should interrogate whether or not the candidates found to have misrepresented their qualifications were further considered for the positions for which they had applied, rather than whether or not they were dismissed. Furthermore, if SAQA through the verification exercise identifies incidences of alleged misrepresentation or a fraudulent qualification, then individual departments are alerted in the verification report and they are required to deal with the matter and where applicable, lodge a criminal charge.

Please see the attached:

QUESTIONS 1032 FOR WRITTEN REPLY March 2011

1032. Mr P.J C Pretorius (DA) to ask the Minister for the Public Service and Administration:

Whether, with reference to the repeated findings of the Auditor-General of noncompliance with laws and regulations by departments and state entities, (a) accounting officers and (b) chief financial officers are required to undergo training and orientation upon their appointment to equip them for their duties; if not, why not; if so, what are the relevant details of such training and orientation? NWI150E

Response:

The Public Administration Leadership and Management Academy offers a range of courses customised for key competencies for Public Service Accounting Officers and Chief Financial Officers. Programmes offered cover a wide range of compliance areas with respect to public sector legislation and regulations in the form of training on Standard Chart Of Accounts (SCOA), Finance Management and Budgeting, Supply Chain Management for public service and Contract Management, Good Governance, Monitoring and Evaluation, Human Resource Management and Strategic Planning and Management.

While these courses are not exclusively targeting Accounting Officers and Chief Financial Officers, nor always taken within the orientation/probation phase upon their appointment, the design and development of learning material is done in partnership with the National Treasury to ensure alignment of training to the requirements in introducing both executive managers and technical practitioners to the legislative, regulatory and compliance framework for public finance and procurement management. It also seeks to equip those who have undergone training to better undertake their functions in line with applicable practice guidelines.

PALAMA also offers the Wamkelekile Induction Course to new senior managers. The course content covers key areas in administrative procedures and public service policies. This complements what Departments and provinces also offer in their own induction and orientation training customised to their specific needs and requirements for executive and senior management competencies.

In addition to the above, Accounting Officers and Chief Financial Officers are part of the Senior Management Service (SMS) and are required to attend induction training on appointment. This is outlined in the SMS Handbook, which indicates that "newly appointed members of the SMS shall complete their PA (performance agreements) within the first three months of appointment. Within that time, there should have been enough induction and acclimatization to the new environment to enable judgments about what it will take to deliver a good service".

In line with PALAMA's 2011/12 Strategic plan, targeted courses for specific practitioners and levels of officials in the public sector will be c1earJy identified in the determination to be made by the Minister for Public Service and Administration and this determination will also cover mandatory training for Accounting Officers and Chief Financial Officers.

QUESTIONS 1031 FOR WRITTEN REPLY

March 2011

1031. Mr P J C Pretorius (DA) to ask the Minister for the Public Service and Administration:

(1) Whether (a) accounting officers and (b) chief financial officers of (i) departments and (ii) state entities reporting to him serve a probation period after being appointed; if not, why not; if so, (aa) how long is such probation period and (bb) what is the purpose of the probation period;

(2) whether, in the three most recent specified financial years for which information is available, any appointments were not confirmed after the completion of such probation period; if so, (a) what are the names of such persons, (b) in which (i) position and (ii) entity did each specified person serve his/her probation period and (c) what was the reason for not confirming the appointment in each case? NW1149E

Response:

(1) (a) Accounting officers are appointed on a fixed term contract period and do not serve a probation period; (b) Chief Financial Officers appointed permanently to the Public Service serve a probationary period; (aa) the probation period is a minimum of 12 calendar months; and (bb) the purpose of the probation period is to monitor the suitability and performance of the individual for the position.

There are no such relating to the non-confirmation of probation period

QUESTIONS 1014 FOR WRITTEN REPLY

FRIDAY, 25 MARCH 2011

1014. Adv A de W Alberts (FF Plus) to ask the Minister for the Public Service and Administration:

How many (a) African, (b) Coloured, (c) Indian and (d) white persons are currently employed in the Public Service? NW1129E

Reply:

The information provided is as of 31 March 2011, the answer is as follows:

(a) African = 1,020,789

(b) Coloured = 110,050

(c) Indian = 42,571

(d) White = 124,227

QUESTIONS 975 FOR WRITTEN REPLY

FRIDAY, 18 MARCH 2011

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

(1) How many officials of his department have been seconded to the Public Service Sector Education and Training Authority (PSETA) to operate the National Skills Fund account during the period 1 January 2005 to 31 December 2010;

(2) whether any of these officials have been implicated in a certain company's (name furnished) forensic investigation report (details furnished) for their involvement in fraudulent activities; if so, what (a) are the names of these officials and (b) disciplinary action has been taken against each such official? NW1093E

REPLY

(1) During the period 1 January 2005 to 31 December 2010, a total of 3 officials of the Department of Public Service and Administration worked in the section: Scope of Coverage and Grant disbursements.

(2) Yes, two employees were implicated.

a. One person was convicted of criminal offences regarding the mentioned fraudulent activities and absconded when the fraud was detected. The names of the two other persons implicated cannot be disclosed at this stage since their guilt on misconduct charges have not been tested yet.

b. The Department will be conducting a disciplinary process with respect to these two employees.

QUESTIONS 974 FOR WRITTEN REPLY

FRIDAY, 18 MARCH 2011

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

(1) (a) How many (i) relatives of and (ii) other persons known to a certain financial manager (name furnished), employed by the Public Service Sector Education and Training Authority (PSETA), have benefitted from alleged corrupt practices as indicated in a certain company's (name furnished) forensic investigation report (name furnished) and (b) what (i) are their names and (ii) amount was paid into the account of each of these persons;

(2) whether any of these persons have been brought to book for their alleged involvement in fraudulent activities; if not, why not; if so, (a) which persons and (b) what action has been taken against them? NW1092E

REPLY:

(1) (i) According to the investigation conducted by a certain company, two (2) relatives of the financial manager, employed by PSETA at the time in question, had funds transferred into their accounts but were arrested while attempting to make withdrawals.

(ii) Their names cannot be furnished and no funds were paid into their accounts.

(2) The South African Police Services Commercial Branch in Pretoria arrested and detained the two parties who had attempted to withdraw funds. They were later released. It is not known what further action has been taken against them.

Internal disciplinary measures are in place for officials who have been implicated in the matter.

QUESTIONS 906 FOR ORAL REPLY

ê906 Ms A M Dreyer (DA) to ask the Minister for the Public Service and Administration:

(1) What percentage of senior managers complied with the requirements that senior managers in the Public Service must submit declarations of their financial interest by 31 May of each year (a) in the (i) 2007-08, (ii) 2008-09 and (iii) 2009-10 financial year and (b) during the period 1 April 2010 up to the latest specified date for which information is available;

(2) Whether this figure is sufficient to comply with the Financial Disclosure Framework; if not, what will be done to ensure compliance; if so, on what ground are these figures compliant? NW1021E.

____________________________________________________________________________

REPLY:

1(a)(i)As at 31 May 2008, the Public Service Commission (PSC) had received 4079 Financial Disclosure Forms from both national and provincial departments for the financial year 2007/08. This figure constituted a 48% compliance rate. There were 4450 forms outstanding from both provincial and national departments. The compliance rate for provinces was 59% whereas for national departments the compliance rate was 38%. Table 1 below reflects the number of forms received and those that were outstanding as at 31 May 2008.

Table 1: Submission of the Financial Disclosure Forms for the 2007/2008 Financial Year as at 31 May 2008

NATIONAL DEPARTMENT/PROVINCE

NO. OF SMS MEMBERS

NO. OF FORMS RECEIVED

NO. OF FORMS OUTSTANDING

PERCENTAGE

RECEIVED

National Departments

4466

1691

2775

38%

Eastern Cape

547

274

273

50%

Free State

375

109

266

29%

Gauteng

857

403

454

47%

Kwazulu-Natal

683

399

284

58%

Limpopo

457

336

121

74%

Mpumalanga

268

138

130

51%

Northern Cape

182

161

21

88%

North West

306

277

29

91%

Western Cape

388

291

97

75%

OVERALL PROVINCIAL SUBMISSION

4063

2388

1675

59%

COUNTRY TOTAL

8529

4079

4450

48%

(ii) As at 31 May 2009, the Public Service Commission (PSC) had received 4378 Financial Disclosure Forms from both national and provincial departments for the financial year 2008/09. This figure constituted a 49% compliance rate. There were 4641 forms outstanding from both provincial and national departments. The compliance rate for provinces was 58% whereas for national departments the compliance rate was 39%. Table 2 below reflects the number of forms received and those that were outstanding as at 31 May 2009.

Table 2: Submission of the Financial Disclosure Forms for the 2008/2009 Financial Year as at 31 May 2009

NATIONAL DEPARTMENT/PROVINCE

NO. OF SMS MEMBERS

NO. OF FORMS RECEIVED

NO. OF FORMS OUTSTANDING

PERCENTAGE RECEIVED

National Departments

4588

1805

2783

39%

Eastern Cape

668

382

286

57%

Free State

378

100

278

26%

Gauteng

966

261

705

27%

Kwazulu-Natal

714

486

228

68%

Limpopo

466

373

93

80%

Mpumalanga

312

140

172

45%

Northern Cape

202

162

40

80%

North West

319

287

32

90%

Western Cape

406

382

24

94%

OVERALL PROVINCIAL SUBMISSION

4431

2573

1858

58%

COUNTRY AVERAGE

9019

4378

4641

49%

(iii) As at 31 May 2010, the Public Service Commission (PSC) had received 3952 Financial Disclosure Forms from both national and provincial departments for the financial year 2009/10. This figure constituted a 47% compliance rate. There were 4446 forms still outstanding from both provincial and national departments. The compliance rate for provinces was 53% whereas for national departments the compliance rate was 43%. Table 3 below reflects the number of forms received and those that were outstanding as at 31 May 2010.

Table 3: Submission of the Financial Disclosure Forms for the 2009/2010 Financial Year as at 31 May 2010

NATIONAL DEPARTMENT/PROVINCE

NO. OF SMS MEMBERS

NO. OF FORMS RECEIVED

NO. OF FORMS OUTSTANDING

PERCENTAGE RECEIVED

National Departments

4735

2028

2707

43%

Eastern Cape

578

319

259

55%

Free State

306

56

250

18%

Gauteng

711

152

559

21%

Kwazulu-Natal

515

263

252

51%

Limpopo

440

339

101

77%

Mpumalanga

322

215

107

67%

Northern Cape

199

160

39

80%

North West

280

108

172

39%

Western Cape

312

312

0

100%

OVERALL PROVINCIAL TOTAL

3663

1924

1739

53%

COUNTRY TOTAL

8398

3952

4446

47%

(b) With regard to the 2009/2010 financial year, the number of Financial Disclosure Forms received by the PSC as at 18 March 2011 was 7587 from both national and provincial departments for the financial year 2009/10. This figure constitutes an 88% compliance rate. There were 1024 forms still outstanding from both provincial and national departments. The compliance rate for provinces was 93% whereas for national departments the compliance rate was 85%. Table 4 below reflects the number of forms received and those still outstanding as at 18 March 2011.

Table 4: Submission of the Financial Disclosure Forms for the 2009/2010 Financial Year as at 18 March 2011

NATIONAL DEPARTMENT/PROVINCE

NO. OF SMS MEMBERS

NO. OF FORMS RECEIVED

NO. OF FORMS OUTSTANDING

PERCENTAGE

RECEIVED

National Departments

4862

4113

749

85%

Eastern Cape

601

515

86

86%

Free State

307

267

40

87%

Gauteng

724

682

42

94%

Kwazulu-Natal

556

506

50

91%

Limpopo

447

438

9

98%

Mpumalanga

319

305

14

96%

Northern Cape

203

199

4

98%

North West

280

250

30

89%

Western Cape

312

312

0

100%

OVERALL PROVINCIAL SUBMISSION

3749

3474

275

93%

COUNTRY TOTAL

8611

7587

1024

88%

2. There has been an improvement over the years regarding the rate of compliance with the requirement to submit financial disclosure forms. The PSC has always maintained that only a 100% compliance rate with regard to submission of Financial Disclosure Forms is acceptable.

In order to address the challenge of non-compliance, the PSC forwards letters on an annual basis during March to all Executive Authorities, reminding them of their obligation to submit copies of Financial Disclosure Forms of the SMS members within their respective Departments to the PSC by the due date of 31 May. The Executive Authorities are also advised to institute disciplinary proceedings against officials who fail to comply with the Financial Disclosure Framework, in terms of the Disciplinary Code and Procedures as contained in the SMS Handbook.

On 20 May 2010 letters were forwarded to All Executive Authorities, advising them to take disciplinary action against all senior managers who failed to submit their financial disclosure forms. The PSC will continue to follow up with Executive Authorities to assess progress.

QUESTIONS 824 FOR WRITTEN REPLY

MONDAY, 14 MARCH 2011

824. Mr J J van der Linde (DA) to ask the Minister for the Public Service and Administration:

Whether (a) his department or (b) any of its affiliated entities have purchased any tickets for the ICC Cricket World Cup 2011; if not, why not; if so, (i) what process has been followed to purchase these tickets, (ii) how many tickets have been purchased, (iii) for which matches, (iv) what has been the total cost of these tickets, (v) what are the reasons for purchasing these tickets, (vi) to whom will each of these tickets be allocated and (vii) on what was the decision for the allocation of these tickets based? NW896E

__________________________________________________________________________________

REPLY:

RESPONSE FROM GEMS

In respect of Parliamentary Question No.290 the Government Employees Medical Scheme's response is as follows:

(a) Not applicable

(b) The Government Employees Medical Scheme did not purchase tickets for the ICC Cricket World Cup 2011. The event is not taking place in South Africa.

(i) (vii) Not applicable

RESPONSE FROM PALAMA

The Public Administration Leadership and Management Academy (PALAMA) has not purchased any tickets for the ICC Cricket World Cup 2011. As a strategic management decision of the Academy, PALAMA decided not purchase tickets for the 2011 World Cup.

RESPONSE BY THE PUBLIC SERVICE COMMISSION

The Public Service Commission (PSC) did not purchase any tickets for the ICC Cricket World Cup 2011, as the purchasing of the tickets would not be in line with the mandate and programme of the PSC. (i) – (vii) questions are not applicable to the PSC as the tickets were not purchased.

QUESTIONS 785 FOR WRITTEN REPLY

FRIDAY, 11 MARCH 2011

785. Ms A M Dreyer (DA) to ask the Minister for the Public Service and Administration:

(1) Why did a certain person (name furnished) leave his position as chief executive officer of the South African Foundation of Public Management and Development (SAFPUM);

(2) whether any investigation has been conducted into the said person; if not, why not; if so, (a) by whom and (b) what were the main findings of this investigation;

(3) whether he had been informed of the person's background when the said person was appointed as policy advisor; if not, what is the position in this regard; if so, why was the person appointed? NW856E

1. The person referred to by the Honorable Member resigned his position as Chief Executive Officer of South African Foundation for Public Management and Administration (SAFPUM) to become a full time consultant in his company Mashebu Mathebula Consulting.

2. According to Dr Mathebula:

a) an investigation was conducted by his previous employer regarding consulting work that was awarded to his company by SAFPUM

b) The main finding of the investigation was that there was a conflict of interest in the award of the assignment to his company and as a result he resigned to become a full time consultant

QUESTIONS 784 FOR WRITTEN REPLY

FRIDAY, 11 MARCH 2011

784. Ms A M Dreyer (DA) to ask the Minister for the Public Service and Administration:

(1) How many contracts between Public Administration Leadership and Management Academy (Palama) and external service providers that existed during the period (a) 1 October 2007 to 30 September 2008, (b) 1 October 2008 to 30 September 2009, (c) 1 October 2009 to 31 March 2010 and (d) 1 April 2010 to 31 December 2010 and that have been successfully completed by 31 January 2011 have not been fully paid;

(2) (a) why has each specified contract not been paid, (b) what amount does Palama owe with regard to each contract, (c) for how long has each payment been outstanding and (d) when will payment of each outstanding amount be made? NW855E

________________________________________________________________

REPLY:

(1) For the period (a) 1 October 2007 to 30 September 2008, all contracts between Public Administration Leadership and Management Academy (Palama) and external service providers that have been successfully completed were fully paid, (b) for the period 1 October 2008 to 30 September 2009 all contracts were fully paid, for the period (c) 1 October 2009 to 31 March 2010 all contracts were fully paid, and for the period (d) 1 April 2010 to 31 December 2010, seven contracts were successfully completed but were not fully paid by 31 January 2011. All payments have been made in March 2011.

(2) For the period 01 April 2010 to 31 December 2010, the following information is submitted

No.

(a) Reason for contract not being paid

(b) Amount owing on each contract

(c) Duration of outstanding payment

(d) When payment will be made

1

Incorrect interpretation of a clause on the existing contract. This affected the completion time of the assignment and therefore payment timeline.

R 31,200-00

7 months

Payment was made on 10 March 2011

2

Incorrect interpretation of a clause on the existing contract. This affected the completion time of the assignment and therefore payment timeline.

R 35,505-00

7 months

Payment was made on 10 March 2011

3

Incorrect procurement process was followed

R 18,707-00

6 months

Payment to be made on 16 March 2011

4

The service provider requested for amendments in the terms of the contract. This affected the completion time of the assignment and therefore payment timeline.

R 62,400

9 months

Payment was made on 2 March 2011

5

Same reason as outlined in 4 above

R 31,200

7 months

Payment was made on 2 March 2011

6

Same reason as outlined in 4 above

R 18,720

6 months

Payment was made on 2 March 2011

7

Same reason as outlined in 4 above

R 31,200

10 months

Payment was made on 2 March 2011

QUESTION NO: 694

QUESTIONS FOR WRITTEN REPLY MONDAY, 7 MARCH 2011

694. Ms A M Dreyer (DA) to ask the Minister for the Public Service and Administration:

What steps have been taken to deal with the employees in each department in each province who have been implicated in the Auditor-General's 2008 report (name furnished), which revealed that employees and spouses of employees were conducting business with their own departments through companies and dose corporations in which they are directors or members? NW745E

REPLY:

1. T ASK TEAM APPOINTED BY THE MINISTER

In order to ensure that decisive action is taken against the officials who were implicated by the Auditor-General, the Minister for Public Service and Administration appointed a Task Team of officials to:

(a) analyze and verify the information as contained in the AG Report;

(b) collate and verify information provided by departments;

(c) ensure that disciplinary action is taken against the employees who have contravened the public service prescripts;

(d) identify gaps and challenges; and ( e) recommend remedial action.

Analvsis and verification of information

The Task Team obtained a list of all implicated employees from the Auditor-General (AG). As part of the verification process, a list of implicated employees was also run through PERSAL system to ascertain whether the implicated employees are still employed in the public service and also to determine their salary levels. The Task Team discovered that about 17% of officials implicated in the AG report resigned from their departments before or during the investigation process.

The Task Team further revealed that 642 cases have been taken through the disciplinary processes by individual departments.

Steps taken to deal with the emplovees

The following steps were taken by departments against employees:

  • All 642 cases were investigated and went through the internal disciplinary process;
  • Investigations are still ongoing for 36 cases;
  • Disciplinary hearings are currently underway for 58 cases;
  • 4 cases have been transferred to other departments;
  • 62 cases officials were acquitted;
  • 6 cases received verbal warning;
  • 356 cases received written warning;
  • 19 cases received final written warning with suspension without pay
  • 17 cases received final written warning
  • Only 1 case received corrective action;
  • 3 officials were dismissed;
  • 59 officials resigned from departments;
  • 20 cases received no action;
  • There is 1 case were the department is in the process of recovering funds.
  • Below is a breakdown of action taken against implicated employees in both provincial and

    national departments following a disciplinary process:

    See attached

    2. Establishment of the Special Anti-corruption Unit

    In November 2010, the Minister launched the Special Anti-Corruption Unit, which is established to:

    • investigate cases of corruption and related cases of misconduct,
    • follow up on reported cases at department level;
    • Coordinate disciplinary processes and eradicate financial loss incurred by government as a result of corruption.

    The Unit operates through a multi-agency approach which includes cooperation with other key government agencies such as the Special Investigating Unit. The Special Anti-corruption Unit has prioritised a selected number of cases identified in the AG report, which are going to be further investigated and resolved through, 'inter alia, disciplinary processes and referral to other law enforcement agencies for criminal proceedings.

    QUESTIONS FOR ORAL REPLY

    ê693. Ms A M Dreyer (DA) to ask the Minister for the Public Service and Administration:

    (1) Whether he has taken any steps to implement the recommendation of the Public Service Commission that designated officials who do not submit disclosure forms by the due date should be charged with misconduct for not complying with the Financial Disclosure Framework in terms of the Disciplinary Code of Procedures as contained in the Senior Management Service Handbook; if not, why not; if so, what steps;

    (2) for each (a) national and (b) provincial department, (i) how many officials were implicated and (ii)(aa) what the names of these officials and (bb) on which dates were charges filed against these persons? NW744E

    ANSWER

    As at 4 March 2011 there were 1025 forms outstanding from both provincial as well as national departments. This represents a compliance rate of 88%. The compliance rate for provinces is 92% and for national departments the compliance rate is 85% as reflected in the table below.

    TABLE A: NUMBER OF FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR: 2009-2010 (STATISTICS AS AT 4 MARCH 2011

    NATIONAL DEPARTMENT/PROVINCE

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    PERCENTAGE

    RECEIVED

    National Departments

    4860

    4110

    750

    85%

    Eastern Cape

    601

    515

    86

    86%

    Free State

    307

    267

    40

    87%

    Gauteng

    724

    682

    42

    94%

    Kwazulu-Natal

    556

    506

    50

    91%

    Limpopo

    447

    438

    9

    98%

    Mpumalanga

    319

    305

    14

    95%

    Northern Cape

    203

    199

    4

    98%

    North West

    280

    250

    30

    89%

    Western Cape

    312

    312

    0

    100%

    OVERALL PROVINCIAL SUBMISSION

    3749

    3474

    275

    92%

    COUNTRY TOTAL

    8609

    7584

    1025

    88%

    NATIONAL DEPARTMENTS

    NAME OF DEPARTMENT

    NUMBER OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture, Forestry & Fisheries

    96

    93

    3

    Arts and Culture

    51

    42

    9

    Basic Education

    68

    61

    7

    Communications

    88

    84

    4

    Cooperative Governance & Traditional Affairs

    112

    107

    5

    Correctional Services

    194

    165

    29

    Defence & Military Veterans

    311

    0

    311

    Economic Development

    7

    7

    0

    Energy

    51

    51

    0

    Environmental Affairs

    117

    90

    27

    Government Communications and Information System

    47

    47

    0

    Health

    103

    81

    22

    Higher Education & Training

    52

    46

    6

    Home Affairs

    105

    98

    7

    Human Settlements

    78

    71

    7

    Independent Complaints Directorate

    18

    15

    3

    International Relations & Cooperation

    244

    243

    1

    Justice and Constitutional Development

    136

    133

    3

    Labour

    85

    80

    5

    Mineral Resources

    76

    63

    13

    National Prosecuting Authority

    229

    194

    35

    National Treasury

    272

    262

    10

    Office of the Public Service Commission

    39

    39

    0

    PALAMA

    48

    36

    12

    Pensions Administration

    34

    30

    4

    Presidency

    104

    78

    26

    Public Enterprises

    42

    40

    2

    Public Service and Administration

    98

    89

    9

    Public Works

    130

    120

    10

    Rural Development & Land Reform

    119

    81

    38

    Science and Technology

    97

    92

    5

    Social Development

    111

    109

    2

    South African Police Service

    697

    691

    6

    Sport and Recreation

    30

    26

    4

    State Security

    4

    4

    0

    Statistics South Africa

    200

    157

    43

    Tourism

    36

    33

    3

    Trade and Industry

    201

    178

    23

    Transport

    131

    108

    23

    Water Affairs

    188

    156

    32

    Women, Youth, Children & People with Disabilities

    11

    11

    0

    TOTAL

    4860

    4111

    749

    PERCENTAGE RECEIVED 85%

    EASTERN CAPE PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture and Rural Development

    46

    46

    0

    Economic Development & Environmental Affairs

    29

    9

    20

    Education

    73

    63

    10

    Health

    130

    95

    35

    Human Settlements (Housing)

    40

    37

    3

    Local Government & Traditional Affairs

    49

    41

    8

    Office of the Premier

    46

    46

    0

    Provincial Treasury (Finance)

    50

    49

    1

    Roads & Public Works

    34

    27

    7

    Safety and Liaison

    6

    6

    0

    Social Development

    33

    33

    0

    Sports, Recreation, Arts & Culture

    22

    22

    0

    Transport

    43

    41

    2

    TOTAL

    601

    515

    86

    PERCENTAGE RECEIVED: 86%

    FREE STATE PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture

    21

    19

    2

    Cooperative Governance & Traditional Affairs and Human Settlements

    38

    37

    1

    Economic Development, Tourism & Environmental Affairs

    22

    22

    0

    Education

    43

    31

    12

    Health

    54

    44

    10

    Office of the Premier

    30

    27

    3

    Police, Roads & Transport

    21

    20

    1

    Provincial Treasury

    17

    15

    2

    Public Works & Rural Development

    19

    16

    3

    Social Development

    26

    25

    1

    Sport, Arts, Culture and Recreation

    16

    11

    5

    TOTAL

    307

    267

    40

    PERCENTAGE RECEIVED: 87%

    GAUTENG PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    Name of the Department

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture & Rural Development

    33

    33

    0

    Community Safety

    24

    24

    0

    Economic Development & Planning

    54

    44

    10

    Education

    90

    87

    3

    Finance

    128

    127

    1

    Health & Social Development

    128

    124

    4

    Infrastructure Development

    55

    53

    2

    Local Government & Housing

    84

    79

    5

    Office of the Premier

    37

    34

    3

    Roads & Public Transport

    73

    59

    14

    Sport, Arts, Culture & Recreation

    18

    18

    0

    TOTAL

    724

    682

    42

    TOTAL PERCENTAGE RECEIVED: 94%

    KWAZULU-NATAL PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture, Environmental Affairs & Rural Development

    41

    39

    2

    Arts & Culture

    26

    26

    0

    Sport & Recreation

    13

    13

    0

    Economic Development & Tourism

    32

    27

    5

    Education

    87

    77

    10

    Finance

    41

    41

    0

    Health

    109

    99

    10

    Human Settlements

    19

    17

    2

    Public Works

    23

    21

    2

    Local Government & Traditional Affairs

    Royal Household

    36

    36

    0

    2

    0

    2

    Office of the Premier

    48

    42

    6

    Social Development

    35

    24

    11

    Community Safety & Liaison

    10

    10

    0

    Transport

    34

    34

    0

    TOTAL

    556

    506

    50

    PERCENTAGE RECEIVED: 91%

    LIMPOPO PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture

    39

    38

    1

    Economic Development, Environment and Tourism

    37

    37

    0

    Education

    52

    52

    0

    Health and Social Development

    65

    61

    4

    Local Government and Housing

    38

    38

    0

    Office of the Premier

    83

    83

    0

    Provincial Treasury

    41

    41

    0

    Public Safety & Liaison

    14

    14

    0

    Public Works

    26

    26

    0

    Roads & Public Transport

    36

    32

    4

    Sport, Arts and Culture

    16

    16

    0

    TOTAL

    447

    438

    9

    TOTAL PERCENTAGE RECEIVED: 98%

    MPUMALANGA PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture, Rural Development & Land Administration

    19

    18

    1

    Community Safety, Security & Liaison

    13

    13

    0

    Cooperative Governance & Traditional Affairs

    22

    21

    1

    Culture, Sport and Recreation

    11

    11

    0

    Economic Development, Environment & Tourism

    31

    29

    2

    Education

    34

    32

    2

    Finance

    18

    18

    0

    Health and Social Development

    57

    57

    0

    Human Settlements

    13

    13

    0

    Office of Premier

    39

    35

    4

    Public Works, Roads & Transport

    62

    58

    4

    TOTAL

    319

    305

    14

    PERCENTAGE RECEIVED: 95%

    NORTHERN CAPE PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NUMBER OF SMS MEMBERS

    NUMBER OF FORMS RECEIVED

    NUMBER OF FORMS OUTSTANDING

    Agriculture, Land Reform & Rural Development

    13

    13

    0

    Cooperative Governance, Human Settlement & Traditional Affairs

    23

    22

    1

    Education

    26

    26

    0

    Environmental Affairs & Nature Conservation

    9

    9

    0

    Finance, Economic Affairs & Tourism

    38

    37

    1

    Health

    22

    22

    0

    Office of Premier

    24

    23

    1

    Roads & Public Works

    14

    14

    0

    Social Services & Population Development

    18

    18

    0

    Sport, Arts & Culture

    10

    9

    1

    Transport, Safety & Liaison

    6

    6

    0

    TOTAL

    203

    199

    4

    PERCENTAGE RECEIVED: 98%

    NORTH WEST PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture, Conservation, Environment & Rural Development

    27

    27

    0

    Economic Development and Tourism

    14

    14

    0

    Education

    40

    35

    5

    Finance

    22

    22

    0

    Health (from November 2010)

    39

    19

    20

    Human Settlement

    12

    12

    0

    Local Government & Traditional Affairs

    17

    17

    0

    Office of the Premier

    28

    27

    1

    Public Safety

    15

    15

    0

    Public Works, Roads & Transport

    31

    29

    4

    Social Development, Women, Children & People with Disabilities (from November 2010)

    18

    18

    0

    Sport, Arts & Culture

    17

    15

    2

    TOTAL

    280

    250

    30

    PERCENTAGE RECEIVED: 89%

    WESTERN CAPE PROVINCE

    FINANCIAL DISCLOSURE FORMS RECEIVED AND OUTSTANDING FOR THE FINANCIAL YEAR 1 APRIL 2009 TO 31 MARCH 2010

    NAME OF DEPARTMENT

    NO. OF SMS MEMBERS

    NO. OF FORMS RECEIVED

    NO. OF FORMS OUTSTANDING

    Agriculture

    18

    18

    0

    Community Safety

    17

    17

    0

    Cultural Affairs and Sport

    10

    10

    0

    Education

    54

    54

    0

    Economic Development & Tourism

    15

    15

    0

    Environmental Affairs and Development Planning

    12

    12

    0

    Health

    44

    44

    0

    Local Government and Housing

    25

    25

    0

    Office of the Premier

    43

    43

    0

    Provincial Treasury

    22

    22

    0

    Social Development

    15

    15

    0

    Transport and Public Works

    37

    37

    0

    TOTAL

    312

    312

    0

    PERCENTAGE RECEIVED: 100%


    he matter is being further investigated for possible charges and progress will be reported in due course.

    QUESTIONS 674 FOR WRITTEN REPLY

    MONDAY, 7 MARCH 2011

    674. Mr P J C Pretorius (DA) to ask the Minister for the Public Service and Administration:

    (1) (a) What were the reasons for appointing an administrator for the Public Service Sector Education and Training Authority (Pseta), (b) when was the administrator appointed and (c) what (i) is the appointed person's name and (ii) are the appointed person's (aa) qualifications, (bb) terms of reference and (cc) terms of office;

    (2) whether he has found that the previous board operated in terms of the specified operational requirements; if not, why not;

    (3) whether he intends acting against any former board member in terms of the provisions of the Public Finance Management Act, Act 1 of 1999, specifically with reference to sections 51 and 86; if not, why not; if so, what steps does he intend to take? NW721E

    ______________________________________________________________________

    REPLY:

    1. (a) The PSETA has since inception of the National Skills Development Strategy (NSDS)

    and the establishment of the new SETA landscape in 2000, struggled with triad of conflict between the Board, Department of Public Service and Administration (DPSA) and the SETA management.

    As a result of serious governance problems, the Minister of Labour issued a Written Instruction to PSETA on 15 April 2009 in terms of Section 14 of the Act based on the poor performance, lack of leadership, non compliance with relevant legislation and mismanagement of the NSF funds. The former CEO developed a turnaround strategy, which however was not properly fruitfully implemented.

    Although a new Board was appointed as per the said instruction the latter failed to ensure proper governance and effective implementation of all relevant legislation. Despite the above it is evident that the accounting authority was not governed accordingly.

    For the 2007/2008 financial year the PSETA didn't comply with the PFMA requirements regarding the submission of their 2007/08 annual report to Parliament. In view of the non compliance the minister of Labour informed the PSETA board's acting chairperson on the 9th September 2008 about his concern with the PSETA and requested them to submit reasons/ actions for non compliance.

    • The Minister of the DPSA seconded an acting CEO during July 2009 to PSETA with the intention to address the governance issues. However, the latter was recalled by the Minister in January 2010 where after a new acting CEO was appointed by the Board.

    (i) The Minister of Higher Education, after consultation with Minister of Public Service and Administration instructed the Director General of Higher Education to appoint an administrator to take over the administration of the PSETA in terms of government gazette no 33592 of 13 October 2010.

    (ii) (aa) The Administrator is Mr Themba Mhambi

    (bb) Qualifications of Mr. Themba Mhambi: Senior Secondary Teacher's Certificate (Soweto College of Education), BA degree (VISTA), BA (Honors – University of Johannesburg), MA (New York University).

    Experience:

    1 January 1984 – 31 December 1987: Senior English and History Teacher – Tembisa High School

    1 January 1988 – 1 November 1988: Head of the Department of Official Languages – Tembisa High School

    1 November 1988 – 31 December 1989: Project Assistant – Development Bank of Southern Africa (DBSA)

    1990 – 1991: Part-time Book Reviewer for SASPOST, A Journal on South Africa, Published by the UN, New York

    1 January 1992 – 30 June 1995: Lecturer, Department of English – Vista University, Mamelodi Campus, Pretoria (Latterly Subhead of the Department)

    1993 – 1994: Part-time Lecturer in Communication, Nexus Community College, a Division of Wits Technikon

    1 July 1995 – 30 September 1997: Senior Lecturer and Acting HOD – Department of English, Vista University

    1 October 1997 – 31 May 1998: Deputy Director: Administration and Head of the Secretariat – Vista University

    1 June 1998 – 31 May 1999: Special Adviser to the Minister of Education

    1 June 1999 – 30 April 2000: Director: Higher Education Constituency Affairs, Department of Education

    1 May 2000 – 31 December 2002: Senior Manager, Transnet Limited, seconded as follows:

    - 1 May 2000 – 12 December 2000: Special Adviser to the Deputy Minister of Education

    - 13 December 2000 – 30 June 2001: Special Adviser to the Executive Mayor of Tshwane

    - 1 July 2001 – 31 December 2001: Consultant, Higher Education Constituency Affairs, Department of Education

    1 January 2002 – 31 March 2005: Senior Manager, Corporate Communications, Road Accident Fund (RAF)

    1 April 2005 – July 2010: Executive Chairman – Akha-Aga Strategic Support and Advisory Services Group

    July 2010 to date: Member and Corporate and Organisational Management Consultant – Penpoint CC

    (cc) Terms of Reference of Administrator

    See copy of gazette 3352

    (dd) Term of office: 6 months from 13 October 2010 to 13 April 2011

    (2) The Administrator has identified instances where the decisions and the actions of previous boards raise some questions, of a corporate governance nature. He has accordingly referred these for legal advice, with a view to calling the erstwhile members to account.

    (3) The Administrator has referred suspected transgressions by Board members to the SIU for investigation.

    QUESTIONS 666 FOR WRITTEN REPLY

    MONDAY, 7 MARCH 2011

    666. Mr M H Steele (DA) to ask the Minister for the Public Service and Administration:

    (1) Which agency was responsible for screening the application of a certain person (name furnished) who was appointed by the Public Service Education and Training Authority (PSETA);

    (2) whether his department has been informed that the said person is alleged to be a Zimbabwean citizen holding either a forged or fraudulently obtained identification document; if not, what is the position in this regard; if so, why was he employed by the PSETA;

    (3) whether he has taken any steps to investigate how the said person came to be employed by the PSETA; if not, why not; if so, what steps;

    (4) whether he has taken any steps to ensure that future applicants are more rigorously screened before being offered employment by (a) his department or (b) the PSETA; if not, why not; if so, what steps? NW712E

    REPLY

    (1) The agency from whom the Department received Mr Manyai's CV is Tlhalesang Placements.

    (2) When Mr Manyai was employed by the DPSA, the agency furnished documentation that indicated he was a South African citizen, hence no fraud was suspected when he was appointed.

    (3) The matter was handed over to the South African Police Services to investigate the matter.

    (4) The Department ensures that relevant information of the nominated candidate is sent for pre-employment screening to the National Intelligence Agency as well as verification of qualifications to the South African Qualifications Authority.

    QUESTIONS 612 FOR WRITTEN REPLY

    THURSDAY, 3 MARCH 2011

    612. Mr P van Dalen (DA) to ask the Minister for the Public Service and Administration:

    (1) (a) Which travel agencies or travel service providers does his department use currently and (b)(i) how and (ii) when were they appointed in each case;

    (2) what was the (a) budgeted amount and (b) actual amount paid to each specified service provider for departmental travel expenditure in the (i) 2007-08, (ii) 2008-09 and (iii) 2009-10 financial years? NW655E

    _______________________________________________________________________

    REPLY:

    (1)(a) The Department currently make use of Travel with Flair as its travel agent.

    (b)(i) The appointment of the travel agent was done by means of an open bid process.

    (b)(ii) Travel with Flair was appointed on 1 May 2009 and the contract will be ending on 30 April 2011. The Department is currently in the process of evaluating new bids to appoint a new travel agent.

    (2)(a) The budgeted amount and expenditure for the travelling expenditure is as follows:

    Travel and subsistence expenditure

    Fin Year Expenditure Budget

    (i) 2007/08 R20 671 989.25 R25 497 000.00

    (ii) 2008/09 R41 729 280.73 R37 379 000.00

    (iii) 2009/10 R32 340 333.81 R33 691 000.00

    Travel agency fees

    Fin Year Expenses Budgeted

    (i) The item code was not utilised during the 2007/08 financial year.

    (ii) 2008/09 R2 091 082.53 R2 138 000.00

    (iii) 2009/10 R2 776 339.15 R2 889 000.00

    (3) During the financial years of 2007/08 and 2008/09 the Department was using WingsNaledi Corporate Travel (PTY) LTD and the agreement commenced on 1 May 2007 and ended on 30 April 2009.

    QUESTIONS 505 FOR WRITTEN REPLY

    FRIDAY, 25 FEBRUARY 2011

    505. Mr J J van der Linde (DA) to ask the Minister for the Public Service and Administration:

    Whether (a) his department or (b) any (i) agency or (ii) institution which receives transfers from his departmental budget employs staff to perform the duties set out in the Minimum Information and Security Standards (Miss) that were adopted by Cabinet on 4 December 1996 or any subsequent version of the Miss; if not, why not, in each case; if so, in each case, (aa) how many and (bb) what (aaa) is the job title, (bbb) is the employment level, (ccc) are the academic qualifications, (ddd) is the salary and (eee) are the other benefits of each specified staff member? NW551E

    RESPONSE

    (a) Department of Public Service and Administration (DPSA)

    Yes

    (aa) how many

    (aaa) Job title

    (bbb) Employment level

    (ccc) Academic qualifications

    (ddd) Salary

    (eee) Other benefits

    1x

    Deputy Director: Security

    Level 11

    National Diploma: Security Risk Management

    R406 839.00

    Cell phone allowance: R550 and

    3G: R250

    1 x

    Security Administrator

    Level 7

    Grade 12

    R151 044.00

    Cell phone allowance: R550

    2 x

    Senior Security Officers

    Level 6

    Grade 12

    R126 600.00

    None

    18 x

    Security Officers

    Level 5

    Grade 12

    R97437.00

    None