Questions & Replies: Question & Replies No 1851 to 1900

2008-11-28

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

QUESTION 1851

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER 24/10/2008
(INTERNAL QESTION PAPER 32-2008)

Adv PS Swart (DA) to ask the Minister of Education:

How many (a) public schools as defined in the SA Schools Act, Act 84 of 1996 and (b) public further education and training (FET) institutions as defined by the Further Education and Training Act, Act 98 of 1998 benefited (i) in 2006, (ii) in 2007 and (iii) during the period 1 January 2008 up to the latest specified date for which information is available from the e-rate as contained in section 73 of the Electronic Communications Act, Act 36 of 2005? NW2644E

REPLY:

(a) There are no schools currently benefiting from the e-rate.

(b) There are 9 FET colleges in KwaZulu-Natal (Coastal, Esayidi, Mnambithi, Mthashana, Majuba, Thekwini, Umgungundhlovu, Elangeni, Richtek FET colleges) and 1 in the Eastern Cape (Port Elizabeth FET College) benefitting from the e-rate in 2008.

QUESTION 1852

(WRITTEN REPLY) FRIDAY, 24 OCTOBER 2008

MR J P I BLANCHE` (DA) TO ASK THE MINISTER OF PUBLIC WORKS

Whether any contracts have been awarded to Cuban or any other foreign consulting engineering companies in each of the past three years up to the latest specified date for which information is available; if so, in respect of each contract, (a) for what service or project was it awarded, (b) to whom was it awarded, (c) why was it awarded to a foreign company, (d) what was the rand value of the contract and (e) how many foreigners will work on the project? NW2645E

REPLY:

The Department of Public Works has not awarded any contract or tender to any foreign or international consulting company in the past three years to date.

QUESTION NO: 1853

PUBLISHED IN INTERNAL QUESTION PAPER NO 32 OF 24 OCTOBER 2008

Mr JPI Blanché to ask the Minister of Foreign Affairs:

(1) Whether the Government has been providing financial support for any former African leader who has fled his/her country and is now living in exile in South Africa; if not, what is the position in this regard; if so, (a) for whom, (b) what funding is the Government providing in each case, (c) for how long has this funding been provided in each case and (d) in each case, what total amount has been provided up to the latest specified date for which information is available? NW2646E

REPLY:

1. The Government has not been providing financial support to any former African leader and there is no former African leader who is living in exile in South Africa. The decision to host or not to host a former head of state at state expense is taken on the basis of merit of each case.

QUESTION 1859

FOR WRITTEN REPLY

Date of publication on internal question paper: 24 October 2008

Internal question paper no: 31

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

In respect of each province for each of the past three financial years, (a) how many people have received (i) state old age grants, (ii) disability grants, (iii) child support grants and (iv)(aa) any other social assistance grants from the Government and (bb) what is the nature of such grants in each case and (b) how much money was spent by the Government on each grant? NW2652E

REPLY:

(a) (i) State old age grants

Financial Year	Eastern Cape	Free State	Gauteng	KwaZulu-Natal	Limpopo	Mpuma- langa	Northern Cape	North West	Western Cape	Total
2005/06	421 557	129 613	262 061	432 143	335 232	151 496	45 411	187 703	166 604	2 131 820
2006/07	425 707	131 881	268 079	445729	348 293	154 973	45 988	194 305	169 758	2 184 713
2007/08	429 056	134 063	274 338	452 886	355 725	157 546	56 650	188 559	172 814	2 221 637
Total	1 276 320	395 557	804 478	1 330 758	1 039 250	464 015	148 049	570 567	509 176	6 538 170

(ii) Grants for disabled

Financial Year	Eastern Cape	Free State	Gauteng	KwaZulu-Natal	Limpopo	Mpuma- langa	Northern Cape	North West	Western Cape	Total
2005/06	239 306	107 262	168 149	353 217	96 995	71 089	41 625	104 792	133 251	1 315 686
2006/07	240 241	109 427	169 096	416 624	105 811	80 419	44 641	119 115	140 090	1 425 464
2007/08	229 023	115 446	155 062	401 978	116 820	81 821	49 313	120 353	144 340	1 414 156
Total	708 570	332 135	492 307	1 171 819	319 626	233 329	135 579	344 260	417 681	4 155 306

(iii) Child Support Grants

Financial Year	Eastern Cape	Free State	Gauteng	KwaZulu-Natal	Limpopo	Mpuma- langa	Northern Cape	North West	Western Cape	Total
2005/06	1 332 952	396 188	826 521	1 599 951	1 152 998	581 604	114 551	553 710	408 954	6 967 429
2006/07	1 476 269	433 608	904 622	1 919 323	1 240 433	635 956	117 978	641 496	447 376	7 817 061
2007/08	1 533 153	451 577	953 378	2 040 461	1 273 139	556 591	180 539	629 515	471 877	8 090 230
Total	4 342 374	1 281 373	2 684 521	5 559 735	3 666 570	1 774 151	413 068	1 824 721	1 328 207	22 874 720

(iv)(aa) Any other social assistance grants:

Grants for war veteran's

Financial Year	Eastern Cape	Free State	Gauteng	KwaZulu-Natal	Limpopo	Mpuma- langa	Northern Cape	North West	Western Cape	Total
2005/06	369	76	715	439	252	96	108	101	702	2 858
2006/07	298	63	591	374	213	85	93	82	576	2 375
2007/08	243	46	504	307	171	73	76	74	474	1 968
Total	910	185	1 810	1 120	636	254	277	257	1 752	7 201

Care Dependency Grants

Financial Year	Eastern Cape	Free State	Gauteng	KwaZulu-Natal	Limpopo	Mpuma- langa	Northern Cape	North West	Western Cape	Total
2005/06	21 247	3 797	12 545	23 829	10 247	4 511	2 837	7 845	7 397	94 255
2006/07	22 196	4 211	13 294	29 101	11 388	4 981	3 128	8 605	7 785	104 689
2007/08	32 487	4 328	13 362	30 978	12 052	5 393	3 128	8 512	7 820	118 060
Total	75 930	12 336	39 201	83 908	33 687	14 885	9 093	24 962	23 002	317 004

Foster Child Grants

Financial Year	Eastern Cape	Free State	Gauteng	KwaZulu-Natal	Limpopo	Mpuma- langa	Northern Cape	North West	Western Cape	Total
2005/06	59 111	35 765	37 133	68 231	31 071	15 538	9 949	22 843	25 536	305 177
2006/07	74 770	40 986	45 411	98 212	39 273	19 680	11 044	30 375	26 840	386 590
2007/08	85 028	40 780	54 041	117 449	44 636	23 040	13 623	33 617	27 530	439 744
Total	218 909	117 531	136 585	283 892	114 979	58 258	34 616	86 835	79 906	1 131 511

(bb) The other grant types paid by the State are:

Grants for War Veteran's – that is grants paid to veterans, over the age of 60 years, who served in the first or second World Wars or the Korean War.

Care Dependency Grants – grants paid to care givers of severely mentally or physically handicapped children under the age of 18 years, who require and receive permanent care.

Foster Child Grants – grants paid to foster parents, who have children legally placed in their care through the Children's Court.

(b) Amount spent by the State on each grant:

Financial Year	Old Age	War Veteran's	Disability	Foster Child	Care Dependency	Child Support	Total
2005/06	19 763 353 081	28 360 251	13 676 393 523	2 063 494 996	877 486 655	14 815 179 612	51 224 268 118
2006/07	21 468 357 286	25 073 848	14 718 429 295	2 477 564 830	998 051 639	17 925 835 102	57 613 312 000
2007/08	22 563 569 186	21 469 508	16 008 911 052	3 256 598 364	1 131 591 703	19 345 778 188	62 327 918 001
Total	63 795 279 553	74 903 607	44 403 733 870	7 797 658 190	3 007 129 997	52 086 792 902	171 165 498 119

Source: South African Social Security Agency (SASSA)

SOCPEN

Question 1860

Mr S J F Marais (DA) to ask the Minister of Trade and Industry:

(1) Whether the Government informed his department that it did not support the countrywide manufacturing plan for addressing poverty and joblessness of which a presentation was made by his department in 1995 (a) if not; what is the position in this regard; if so,

(2) Whether his department took any action in this regard; if not, why not; if so, what action? NW2663E

Response:

It is extremely difficult to assess if any action was indeed taken by the dti in respect of a plan presented in 1995 without further details being provided.

QUESTION NUMBER 1861

DATE OF PUBLICATION: 24 OCTOBER 2008

Mr S J F Marais (DA) to ask the Minister of Finance:

(1) Whether the engineers who helped a certain group of companies (names furnished) to develop a countrywide manufacturing plan aimed at addressing poverty and joblessness (details furnished) presented this plan to the Macroeconomic Policy Unit (MEPU) of his department; if not, what is the position in this regard; if so, (a) when and (b) what was the MEPU's response to this plan;

(2) whether the Government has implemented measures to support this manufacturing plan; if not, why not; if so, what are the relevant details;

(3) whether the MEPU undertook in 2005 to evaluate this manufacturing plan and report back to the Government; if not, what is the position in this regard; if so, what were the outcomes of the evaluations;

(4) whether the MEPU rejected this manufacturing plan; if so, on what basis?

NW2654E

REPLY:

(1) Yes, a Mr. Greville Wood of Greville Wood Developments (GWD) met with a team from our Macroeconomic Policy Unit in early 2005 to discuss an industrial plan titled "The Job Creation Blue Print". Mr. Wood's blue print proposed the development of factories that manufactured walls and other building materials for the construction of houses, classrooms and other types of buildings. Mr. Wood also submitted a proposal to the Minerals and Manufacturing Technology Department of the CSIR. Nowhere in Mr. Wood's plan does it say that he developed the plans for the firms mentioned. The plan presented to the National Treasury was not endorsed by these firms and reflected an idea that could be effected if funding were available as well as determining the institutions and individuals that could be involved.

(2) To my knowledge, Government has not implemented measures to support the plan proposed by Mr. Wood. The exact details on the why this was not done will have to be asked of the Department of Trade and Industry. The National Treasury does not have direct involvement in industrial development and assessment of industry plans nor do we fund private initiatives that have not been endorsed by the DTI as National Programmes. In a letter addressed to Mr. Wood in 2003, the Minister of Trade and Industry raised questions regarding the practical implications of the blue print. In addition, Mr. Wood was advised to consult with the industries involved.

(3) In a letter addressed to Mr. Wood in May 2005, I indicated that I would refer his proposal to our Macroeconomic Policy Unit for evaluation. I did not, however, say that I would prepare a report back on this matter to Government. Having referred the proposal, the Macroeconomic Policy Unit met with Mr. Wood to discuss the plan. The evaluation was based on what was contained in Mr. Wood's written proposal and concluded that the plan was still at an early stage of development – the factories that he was referring to did not exist and the viability of the idea had not been tested in the South African market. Mr. Wood wanted to pilot the plan, which is something that the National Treasury does not deal with.

(4) The Macroeconomic Policy Unit did not reject the plan as it was not their mandate to do so. Their function focuses on assessing the economic impact of government programmes. This was indicated to Mr. Wood and he was advised to test his idea in the market with other entrepreneurs, engineers and financial experts that would be better placed to test and ascertain the viability of his idea.

QUESTION 1863

WRITTEN REPLY

DATE OF PUBLICATION: FRIDAY, 24 OCTOBER 2008

INTERNAL QUESTION PAPER NO.: 32-2008

MR E W TRENT (DA) TO ASK THE MINISTER OF DEFENCE

1. Whether regular monitoring and inspections have been scheduled at the petroleum tank farm in the Port Elizabeth harbor in accordance with the SA National Defence's responsibility to monitor national key points; if not, why not; if so, how many visits or inspections were conducted in the past 10 years;

2. whether any problems were encouraged in each case; if so, (a) what was the nature of the problems and (b) what actions were taken to remedy the problems?

-------ooo0ooo------- NW2656E

REPLY

1. The Presidential Proclamation No. 21 dated 10 February 2004 transferred the functions regarding the National Key Points Act, Act No. 102 of 1980 from the Minister of Defence to the Minister of Safety and Security in terms of Section 97 of the Constitution, Act 10 No. 10 of 2006. Prior to the transfer of the function, the SANDF conducted two inspections per annum at each of the national key points. Where indicated, findings of such inspections were presented on a monthly basis to the National Key Points Committee for rectification. Representation on the Committee included inter alia officials from departments responsible for the various national key points.

2. At the time of the function transfer to the Department of Safety and Security, the SANDF personnel responsible for executing the function and all relevant documentation were transferred to the South African Police Services. It is not possible, therefore, for the SANDF to provide feedback on the nature of specific problems that were encountered nor what actions have been taken.

QUESTION NO.: 1865

DATE OF PUBLICATION: 24 OCTOBER 2008

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

Whether Transnet or any of its subsidiaries had any discussions with the Nelson Mandela Bay Municipal Council regarding the Port Elizabeth harbour in the past five years; if so, in each case (a) when, (b) what was the nature of the discussions, (c) what were the outcomes and (d) at what level of authority did such discussions take place?

NW2658E

REPLY

Transnet Limited ("Transnet") and the Nelson Mandela Bay Municipal Council ("the City Council") have had frequent interactions to discuss the development plans of the City and the Port.

The table below sets out when these interactions took place, the nature of discussions, outcomes and level of authority of attendees.

Date	Nature of Discussion	Outcomes	Level of Authority of Attendees
Integrated Development Programme (IDP) Meetings
5/5/2005 8/5/2005 17/10/2005 6/12/2006 1/2/2007	Transnet National Ports Authority (TNPA) was invited to attend meetings whereby City plans were discussed	No outcome per se apart from raising awareness of City's IDPs with Transnet National Ports Authority (TNPA).	Port Manager and Port Engineer met representatives from the City Council responsible with IDP

Date	Nature of Discussion	Outcomes	Level of Authority of Attendees
Local Economic Development (LED) Meetings
24/6/2005 24/3/2006 30/6/2006 29/9/2006 1/12/2006 22/10/2008 1/5/2007	TNPA as a stakeholder was invited to participate in discussions of City plans as they relate to Port planning	Discussion of City plans and port inputs into the plans to influence the City to incorporate TNPA requirements into developments.	Port Manager and Port Engineer met representatives from City responsible with LED
Coastal Development Project (CDP)Meeting
1/5/2007	Port Planning	No outcome per se. Discussion and sharing of plans.	Port Manager and Port Engineer met representatives from City responsible with planning
Mandela Bay Development Agency (MBDA) Meetings
25/8/2006	Property Investors Conference	No outcome per se. (TNPA invited as attendees.)	Port Manager and Port Engineer hosted by CEO of MBDA
Aug 2006	Port Planning	The meeting concluded an agreement of Port outlook.	Port Manager and Port Engineer met representatives from MBDA
16/1/2007	Port/City Planning	Future Port/City planning meetings were set-up.	Port Manager and Port Engineer met representatives from MBDA
15/6/2007	Port/City Planning, in particular North End Waterfront-Project	TNPA agreed to draft business case for sand bypass system.	Port Manager and Port Engineer met representatives from MBDA
27/9/2007	TNPA Chief Executive address to MBDA and City Councilors	TNPA plans for Port of Port Elizabeth were discussed.	TNPA Chief Executive Port Manager and Port Engineer met representatives from MBDA
City Planning Meetings
28/3/2007	Port/City Planning	Agreed on future meetings schedule	Transnet Capital Projects Champions met representatives from City responsible with planning
Date	Nature of Discussion	Outcomes	Level of Authority of Attendees
12/4/2007	Port/City Planning	No outcome per se. City's Spatial Framework Plans were shared with Transnet.	Transnet Capital Project Champions met representatives from City responsible with planning
City Manager
6/3/2007	Sharing of Port Plans	Transnet advised that relocation of Manganese Ore Terminal and Oil Tank Farm was not affordable to industry players.	Transnet Group Chief Operating Officer met City Manager
9/10/2008	Port Planning	Setting up of biannual and quarterly port-city meetings. Advised that relocation of Manganese Ore Terminal and Oil Tank Farm was currently unviable.	Transnet Group Chief Operating Officer met City Manager

QUESTION NO 1866

DATE REPLY SUBMITTED: TUESDAY, 18 NOVEMBER 2008

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 24 OCTOBER 2008 (INTERNAL QUESTION PAPER NO 32 – 2008)

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

(1) Whether his department has experienced any shortfalls in the funds for bus subsidies in the 2008-09 financial year; if so, (a) what was the shortfall at the latest specified date for which information is available, (b) what plans are in place to make up the shortfall and (c) what contingency plans are in place to bring relief to those bus operators whose subsidies have not been paid;

(2) whether his department applied for additional funding from National Treasury; if not, what is the position in this regard; if so, (a) for what amount and (b) when does his department expect the transfer to be made?

NW2659E

REPLY:

The Minister of Transport:

(1) (a)

As of now, the Department of Transport (DoT) has not experienced any shortfall on the subsidy budget. However, the DoT is anticipating a shortfall of about R1.2 billion on the bus subsidy during the current financial year. Due to a shortfall of R542 million that was carried over from the 2007/08 financial year, the Department has already spent R2 424 million of the current budget of R2 829 million as at the end of September 2008. In terms of the Department's records and the expenditure trends from Provinces, the available balance in the subsidy budget will be depleted in November 2008.

(b)

The Department is engaging the National Treasury and has brought the matter to the attention of the Minister of Finance.

(c)

Up to the end of September 2008, all operators have been paid their monthly subsidies and will be paid until November 2008.

(2) (a)

As part of the 2008/09 Adjustment Budget process, the Department of Transport submitted an application for additional funding of R1.2 billion to the National Treasury in September 2008.

(b)

The Department was recently informed that no additional funds have been approved for bus subsidies.

Question 1867

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

Whether the announcement by Volkswagen SA that they will not build the sixth

Generation Golf in South Africa after it is launched in Europe next year, will result

in net job losses; if not, why not; if so, what are the relevant details?

Response:

Volkswagen South Africa (VWSA) is a subsidiary of Volkswagen Aktiengesellschaft (VW AG) with its headquarters in Germany. A decision to continue or discontinue production of a particular model is made by the parent company of the South African subsidiary.

According to VWSA the decision to discontinue the production of the sixth generation Golf in South Africa, will not be detrimental to local operations, neither will it result into financial strain for the company or job losses.

Consistent with the policy objective of the Motor Industry Development Program and its successor, the Motor Industry Development Program, in accepting this decision, VWSA hopes to grow its production significantly to ensure higher volumes. In this regard, VWSA will retain its contract to manufacture the next generation of Polo which will offer the company major export opportunities beyond the current volumes realised for Golf, Jetta and Polo combined.

This includes the building of two model platforms which are the Polo and Polo Classic ranges.

QUESTION 1868

WRITTEN REPLY 24 NOVEMBER 2008

1868. Mr E W Trent (DA) to ask the Minister of Public Works:

Whether his department or any relevant authority instructed him or her department issued minimum qualifications for valuations in the (a) guidelines or (b) regulations; if not, what is the position in this regard; if so, what are the relevant details? NW2073E

REPLY

The Property Valuers Profession Act, 2000 provides for the establishment of the South African Council for the Property Valuers Profession; for the registration of professionals, candidates and specified categories in the property valuation profession; for the regulation of the relationship between the said Council and the Council for the Built Environment; and for matters connected thereto.

It terms of the Property Valuers Profession Act, 2000, it is the responsibility of the South African Council for the Property Valuers Profession (the Council) to determine the minimum qualifications for registration in terms of the Act. The Act further requires that the minimum qualifications for registration in terms of the Act be prescribed by the Council in the Rules of Council, which has been done by the Council.

The Act does not empower the Minister of Public Works to prescribe the minimum qualifications for valuators.

QUESTION NO 1873

DATE REPLY SUBMITTED: THURSDAY, 11 DECEMBER 2008

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 21 NOVEMBER 2008 (INTERNAL QUESTION PAPER NO 33 – 2008)

Mr J H van der Merwe (IFP) asked the Minister of Transport:

Whether there are any criminal charges against attorneys who committed fraud against the Road Accident Fund in respect of each of the past five years up to the latest specified date for which information is available; if so, what are the relevant details of convictions in this regard?

NW2664E

REPLY:

The Minister of Transport:

Yes, some attorneys who were found guilty of fraud against the Road Accident Fund (RAF) during the past five years. The relevant details are as follows:-

NAME OF ATTORNEY	SENTENCE	YEAR OF CONVICTION	AMOUNT REPAID TO THE RAF
Lorraine Nguni	10 years imprisonment	2003	R600 000.00
Markus Sebesho	3 years imprisonment	2004	R249 000.00
Barry Golele	3 years imprisonment	2004	R45 000.00
Tembetlile Dlamini	R56 000.00 fine or 3 years imprisonment	2006	R93 000.00
S J Zulu	3 years suspended for 5 years	2007	R49 000.00
Moeketsane	10 years imprisonment	2008	-

NOTE:

The table above only includes convictions of fraud against the Road Accident Fund and does not include attorneys who have been found guilty of theft of trust funds by failing to pay to their clients monies received from the Road Accident Fund following the finalization of claims.

In addition to the table above, two attorneys charged with fraud against the RAF, namely Norman Masanabo and Blakes Maphanga, passed away during the course of their trials. Furthermore, two trials of attorneys charged with fraud against the RAF are partly heard. These cases are therefore sub judice.

QUESTION NO. 1879

DATE PUBLISHED: 21 November 2008

DATE SUBMITTED: 12 December 2008

Ms P de Lille (ID) to ask the President of the Republic:

(1) Whether he is considering terminating the employment of a certain Police Commissioner (name furnished) in the light of a prima facie case of corruption against him; if not, why not;

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

NW2670E

REPLY:

1) The Police Commissioner referred to has taken special leave pending the finalisation of the criminal case against him. As the Honourable Member is aware, a person is presumed innocent until proven otherwise and it would be up to a court of law to establish whether the said Commissioner is in fact guilty of any crime. In this regard, further action will only be considered once a court of law has made a determination on the matter.

2) The President will not make a statement at this stage as the matter is still sub judice.

QUESTION NUMBER: 1880

DATE PUBLICATION: 21 November 2008

DATE REPLY SUBMITTED: 12 DECEMBER 2008

MRS P de Lille (DA) TO ASK THE MINISTER IN THE PRESIDENCY:

(a) How may youths are currently involved in programmes promoted by the National Youth Commission and (b) how many such persons are involved in each programme countrywide?

NW2671E

REPLY:

The National Youth Commission is a statutory body that was established by Parliament through the National Youth Commission Act No 19 of 1996 amended in 2000 to guide the country's youth development approach through a national youth policy, co-ordinate the implementation of such a policy and actively lobby for the mainstreaming of youth development activities in our country. Thus the mandate, structure and budget of the National Youth Commission do not make provision for the en masse implementation of youth development programmes in the country.

The NYC has however been instrumental in the design, roll out and implementation of many programmes within and outside of government. In the 2007 – 2008 financial years, the NYC piloted and promoted several programmes.

Below are some of the programmes we have participated in and the number of young people who have participated and benefited in the programmes whilst simultaneously providing an opportunity for young people to access opportunities for skills development, employment and income generation.

Programme Name	Brief Description	Youth Participants	Responsible Implementers
National Youth Service Programme	The programme supports community and national development whilst simultaneously providing an opportunity for young people to access opportunities for skills development, employment and income generation	11, 286	NYSU, NYC, UYF and all government departments
Cross Border Tourism Youth Empowerment Programme	Engaging young people within the SADC region in tourism as well as exchange experiences on issues of common interest.	150 SA delegates	NYC; Provincial Youth Commissions
Young Women' s Programme	Bringing young women from all walks of life to deliberate and design a programme of action that will assist in dealing with economic marginalisation and social pressures facing young women.	180 Young women and NGOs/CBOs	NYC and PYCs
20th Ship for World Youth National Leadership	Cultural exchange for youth drawn from different parts of the world	11 South African Delegates	Japanese Government; Presidency and NYC
Support to Community Arts Centres (Flemish Co-operation)	Develop linkages between the youth and children in artistic; cultural and youth development and further disseminate information amongst youth and children. Centres supported are located in 4 province: Gauteng – Ipelegeng Community Centre KZN – Bat Centre Free State: Mmabana Cultural Centre WC: Nyanga Arts Development Centre	All young people in surrounding communities of the centres	NYC; Free State Youth Commission. WCape Youth Commission, Gauteng Youth Commission, KZN Youth Commission and the Flemish Government
Ke Moja "I'm Fine Without Drugs	Identify the Ke Moja Ambassadors Training Coaches to promote Sports Against Drugs Training Volunteers to educate youth, children and Parents about dangers of Drugs Training schools to be able to do drug testing Establish Youth nets Undertake Roadshows	All provinces and has reached 20 000 youth	NYC, DSD, SAPS, DOH, DOE, SRSA, Correctional Services, and UNODC
ID Urself	Speeding voter education and civic participation Speeding up ID distribution to youth; Ensure youth access service delivery	All provinces	NYC, PYCs, DHA, SABC, DOE and IEC

QUESTION NO.: 1881 DATE OF PUBLICATION: 21 NOVEMBER 2008

Mr M H Hoosen (ID) to ask the Minister for Justice and Constitutional

(1) With reference to a certain report (Report of the Public Protector into the causes of the delays in the administration of criminal appeals lodged by prisoners), what steps and interventions did he or his department take to give effect to a certain chapter of the report (Chapter 10);

(2) What progress has been made in resolving the problems and delays as described in the report;

(3) Whether he will make a statement on the matter?

NW2672E

REPLY

(1)(2)(3) I would like to inform the Honourable Member that cognizance has been taken by my Department of the recommendations made by the Public Protector. Consultations are currently being held with various stakeholders in relation to the recommendations. A comprehensive report will be provided in due course.

QUESTION NUMBER 1883

DATE OF PUBLICATION: 21 NOVEMBER 2008

DUE TO PARLIAMENT: 12 DECEMBER 2008

Mr Lance Greyling to ask the Minister of Finance:

(1) Why is the Government not allowing payment through the Pay Pal system on eBay;

(2) whether many (a) entrepreneurs, (b) cooperatives and (c) businesses reported that they are being excluded from the opportunities to gain access to a global market place as a result; if not, what is the position in this regard; if so, what are the relevant details;

(3) whether he will change this policy; if not, why not; if so, when? NW2674E

REPLY:

(1) I am not aware that Government has disallowed Paypal to operate in South Africa, but I am aware that they are not a licensed financial operator in South Africa. I would welcome any information the Honourable member has on what Government has disallowed with regard to Paypal, or for any licensed operator.

As you are no doubt aware, the South African Government regulates the financial services sector, and financial operators wanting to operate in South Africa have to be licensed. Facilitation of payments between buyers and merchants through the internet and remitting cross-border are considered "deposit" taking functions and require a banking license.

Nothing prevents Paypal from applying to the South African Authorities for an appropriate license (eg Authorised Dealer's licence or a Banking license).

(2) I am not aware of any such reports.

(3) No, we do not intend to change our policy whereby we do not allow unlicensed financial operators to operate in South Africa.

QUESTION NO. 1884

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 NOVEMBER 2008

(INTERNAL QUESTION PAPER NO. 33)

Dr R Rabinowitz (IFP) to ask the Minister of Health:

(1) Whether the World Health Organisation has concluded its investigation into non-ionising radiation in the spectrum band, including cell-phone radiation; if so, what conclusions emerged with regard to the dangers posed by cell-phone radiation over the short and long term at (a) close up to 10 milimetres and (b) distant range up to 500 metres;

(2) whether her department assumed responsibility for (a) monitoringstandards and practices employed by the cellular industry, (b) publishing the outcomes and (c) punishing contraventions; if not, who (i) monitors, (ii) publishes and (iii) punishes contraventions; if so, how;

(3) whether her department monitorsthe use and disposal of ionising radiation used to extend the shelf life of food; if so, (a) who (i) inspects waste sites or (ii) radio-active materials and (b) what fines/punishment is being imposed on defaulters or has been imposed over the past two years? NW2675E

NW2675E

REPLY:

(1) The World Health Organization has not yet concluded "its investigation into non-ionising radiation in the spectrum band, including cell-phone radiation"; (a) and (b) are therefore not applicable.

As part of its Charter to protect public health and in response to public concern, the World Health Organization (WHO) established the International Electromagnetic Fields Project in 1996 to assess the scientific evidence for possible health effects of electromagnetic fields in the frequency range from 0 to 300 gigahertz. The WHO published its Environmental Health Criteria Monographs on static electric & magnetic fields and extremely low frequency fields in 2006 and 2007 respectively. The publication of the Environmental Health Criteria Monograph on radiofrequency fields, which would by definition include an assessment of the health effects of cell phone radiation, is expected at around the middle of 2010.

(2) (a) It is not clear which "standards and practices employed by the cellular industry" are being referred to.

The Department of Health, through its Directorate: Radiation Control, is responsible for regulating, in terms of the Hazardous Substances Act (Act 15 of 1973), the use of different kinds of facilities employing non-ionising radiation. However, because the regulation in question was promulgated (in 1991) long before the advent of cellular and other wireless technologies in South Africa, it is not clear now whether these new kinds of technologies are actually covered by the existing regulation or not. Thus, the Department of Health decided in 2003 not to enforce any compulsory requirements for cellular technology facilities, due to the vagueness of the existing regulation. A process is currently underway to draft updated policy and legislation in this regard, but it will still take some time to finalise because the proposed legislation would require as its scientific basis, the findings of the WHO Environmental Health Criteria on radiofrequency fields (which is only expected to be published around the middle of 2010).

The Department of Health has always strived to communicate its point of view as clearly as possible to each of the three cellular network providers, as well as to the South African Cellular Technology Association (SACTA) as the representative industry association. In the absence of regulatory enforcement with respect to the operation of cellular transmission facilities (which incidentally is also the case in the UK and New Zealand), the Department of Health is nevertheless strongly recommending compliance with the guidelines published by the International Commission on Non-Ionising Radiation Protection (ICNIRP) in 1998, in order to protect against the known adverse health effects of electromagnetic fields. It should be noted that the experience world-wide has been that the health of the general public is not being jeopardised as a result of their exposure to the emissions of cell phone base stations, because the public's level of exposure typically is thousands of times below the above-mentioned ICNIRP guidelines.

(b) & (c) Not applicable due to the absence of regulatory enforcement in this regard by the Department of Health. No other government body exercises regulatory control from a health point of view over the operation and use of cellular transmission facilities.

(3) The Department of Health, through its Directorate: Radiation Control, exercises statutory control over radioactive materials that are used for Medical, Scientific, Agricultural, Industrial and Commercial purposes. This includes 3 irradiation plants that are used, amongst other things, to irradiate various foodstuffs. Control is currently exercised in terms of the Hazardous Substances Act, 1973 (Act 15 of 1073).

(a) The Directorate: Radiation Control authorises and inspects these facilities with respect to compliance with safety and security requirements. There are no waste sites to inspect. These irradiation facilities make use of very high activity sealed Cobalt-60 sources which is imported from various countries. When the material has reached the end of its useful life, it is returned to those countries from which it was originally imported.

(b) The Hazardous Substances Act, 1973 (Act 15 of 1973) prescribes the fines and sanctions that that can be imposed on defaulters. There were no such sanctions imposed over the past 2 years.

QUESTION NO.: 1885 DATE OF PUBLICATION: 21 NOVEMBER 2008

Dr J T Delport (DA) to ask the Minister for Justice and Constitutional Development:

(1) Whether any investigation was instituted on a complaint in terms of the implementation of the Rome Statute of the International Criminal Court Act, Act 27 of 2002, or in terms of any other charge against a certain person (name and details furnished); if not, why not; if so, what were the outcomes of the investigation;

(2) whether the Directorate of Public Prosecutions (DPP) has considered or is considering the case; if not, what is the position in this regard; if so, (a) what was the decision of the DPP or (b) when is a decision expected;

(3) whether there has been any communication with the International Court of Justice in the Hague; if not, why not; if so, what are the relevant details;

(4) whether he will make a statement on the matter? NW2676E

(Name of person referred to in question: Robert Mugabe from Zimbabwe)

REPLY

(1) No investigation under Act 27 of 2002, has been instituted against the person mentioned in the question. The only complaint involving this person was found not to fall within the ambit of Act 27 of 2002 or any other South African law and consequently, there was no lawful basis upon which the South African Police Service could be requested to conduct a criminal investigation.

(2) By virtue of the fact that the complaint did not disclose an offence, it was unnecessary to make a decision whether or not to prosecute. Kindly note that in terms of Section 5 of Act 27 of 2002, the decision whether or not to institute proceedings must be made by the National Director of Public Prosecutions and not a Director.

(3) The Chief Prosecutor of the International Court was consulted as to whether the complaint fell within the ambit of Act 27 of 2002 and advised that it did not.

(4) The Chief Prosecutor has not made a statement in connection with the matter. The complaint was referred to in the National Prosecuting Authority's report to Parliament.

QUESTION NO 1886

DATE REPLY SUBMITTED: THURSDAY, 04 DECEMBER 2008

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 21 NOVEMBER 2008 (INTERNAL QUESTION PAPER NO 33 – 2008)

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

(1) Whether any investigations have been undertaken by the SA Rail Commuter Corporation into the utilization of redundant branch lines in and around Pietermaritzburg for the purpose of passenger rail services; if not, why not; if so, what was the outcome of this investigation;

(2) whether he will ensure that the applicable branch lines are not removed; if not, why not; if so, what are the relevant details;

(3) whether he will discuss the merits of a metro rail service in the municipality with relevant authorities; if not, why not; if so, what are the relevant details?

NW2677E

REPLY:

The Minister of Transport:

(1) The South African Rail Commuter Corporation Limited (SARCC) has not undertaken any specific investigations in the municipal area of Pietermaritzburg on the use of branch lines for passenger rail services. The SARCC had, however, identified key mobility corridors within the respective Metros and between major economic centres from a demand point of view, through the Passenger Rail Plan process. The process identified the top municipalities in the country requiring a transport response due to the population densities and future expected growth of such areas.

(2) Redundant branch lines for possible use of passenger rail services need to be identified through demand and appropriate feasibility studies. If any specific branch line has alternative feasible rail, strategic or economic potential, the necessary business case needs to be submitted to the DoT on the proposed strategy and plans for the future of the branch line.

(3) The SARCC as national passenger rail agency is available to discuss the merits and feasibility of rail and public transport solutions with the relevant authorities.

Transport planning and rail liaison structures are in place at provincial and metropolitan levels for these purposes.

QUESTION NO. 1887

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 NOVEMBER 2008

(INTERNAL QUESTION PAPER NO. 33)

Mrs S V Kalyan (DA) to ask the Minister of Health:

Whether her department has a national policy on the referral system within clinics and hospitals; if not, why not; if so, what are the relevant details?

NW2678E

REPLY:

The National Department of Health has a draft patient referral policy in place that is being tested in the eighteen (18) district hospitals where referral co-ordinators have been appointed and placed.

The referral co-ordinators ensure that patient referrals are documented, monitored and feedback is provided to health establishments that have initiated the referral, and that issues as well as challenges regarding patient referrals are identified and communicated accordingly to management.

The policy is based on the principle that patients need to experience a seamless health service, whereby Primary Health Care (PHC) facilities refer to District hospitals and District hospitals higher up, as well as down referrals from higher to lower health care levels, based on the capacity and package of services of these facilities.

The policy also addresses the issue of down and back-referrals including Home Based Care.

Each province has a referral policy based on particular circumstances to give effect to best patient care. This draft policy seeks to harmonize all that is available in the provinces.

The draft patient referral policy is a living document that will be subjected to revision / review from time to time to meet local challenges. It is envisaged that the draft will be approved during the last quarter of this financial year.

QUESTION NO: 1888

DATE PUBLISHED: 05 September 2008

DATE SUBMITTED: 12 DECEMBER 2008

Mrs S V Kalyan (DA) to ask the Deputy President:

Whether the SA National Aids Council (Sanac) has reached the targets set out in its national strategic plan in respect of the distribution of condoms for women; if not, why not, if so, what are the relevant details? NW2679E

REPLY:

Yes, the target is being reached.

The target for the distribution of female condoms for 2008/09 is 3 million. To date, a total of 1 894 000 female condoms have been distributed. It is expected that the target of 3 million will be met by the end of this financial year.

The target for female condom distribution sites for financial year 2008/09 is 385 sites. This year alone we have registered 728 female condoms distribution sites, which means we have exceeded the target for the distribution sites by almost 100%.

Question 1890

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

Whether his department is considering the appointment of a task team to investigate the under invoicing of imported clothing and textiles; if not, why not; if so, what are the relevant details?NW2681E

Response:

In terms of the Clothing and Textiles Customised Sector Programme, one of the key action plans proposed is the establishment of an Illegal Imports Task Team to investigate the under invoicing of imported clothing and textiles. The Task Team will be driven by the dti but will require the South African Revenue Services (SARS) to commit dedicated personnel to it to deal with illegal imports specifically related to the clothing and textiles sector.

In addition, a study has also been initiated through the Fund for Research into Industrial Development, Growth and Equity (FRIDGE) regarding illegal imports and under invoicing across different sectors, which will include the clothing and textiles sector.

QUESTION NO. 1892 INTERNAL QUESTION PAPER NO. 33 of 2008

DATE OF PUBLICATION: 21 November 2008

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

(1) Whether his department will take action against municipalities who fail to maintain their sewage infrastructure which causes contamination of wetlands and rivers; if not, why not; if so (a) when and (b) what action has been taken against a certain municipality (name furnished);

(2) whether he will take any action against municipalities that do not take care of their dumping sites which pollute the environment with rubbish, bad smells and gasses that affect both air and veld; if not, why not; if so, what are the relevant details with regard to action taken against a certain municipality (name furnished)?

NW2684E

MR M M SWATHE (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

1892. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) In terms of the Constitution of South Africa, 1996 (Act No. 108 of 1996), the management of water resources is an exclusive national competency and the National Water Act, 1998 (Act No. 36 of 1998) mandates the Minister of Water Affairs and Forestry to ensure that water is protected, used, developed, conserved, managed and controlled in a sustainable and equitable manner for benefit of the people of this country.

Furthermore, the National Water Act has not been formally made a Specific Environmental Management Act and, therefore, my department (DEAT) does not have the mandate to act on or deal with the matter. The national Department of Water Affairs and Forestry (DWAF) has the jurisdiction to deal with water contamination in rivers and wetlands.

Accordingly, the question regarding action against Makhado Municipality should be directed to the Minister or national Department of Water Affairs and Forestry.

(2) In terms of the Constitution, DEAT must co-operate with other spheres of government in order to, inter alia, foster friendly relations, assist and support one another, inform one another of and consult one another on matters of common interests and, more importantly, avoid legal proceedings against one another. Accordingly, DEAT works in co-operation with municipalities to ensure improvements in the management of their landfill dumping sites. Furthermore, the National Environmental Management Act, 1998 (Act No. 107 of 1998), as amended, makes provision for the development of plans to correct pollution of the environment.

QUESTION NO: 1894

MR J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES

(1) Whether he has recommended to the Presidency that a certain person (name furnished) be transferred to another department; if not, what is the position in this regard; if so, why;

(2) whether the said person was consulted about the decision; if not, why not; if so, what was the response thereto;

(3) whether he has appointed a successor for this person; if not, why not; if so, (a) who, (b) what are his or her qualifications and (c) for what length of time has this person been appointed? NW2686E

REPLY

(1) The Minister has not recommended the transfer of the said official. For any further details, the Honorable Member is advised to refer to the media statement that was released by the then Acting Minister of Public Service and Administration, Mr. S Shiceka on 29 October 2008.

(2) Falls away.

QUESTION NO. 1897

(Internal Question Paper No 33- 2008)

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

(a) Which municipalities in each province had a municipal manager under suspension as at 31 October 2008, (b) for how long and (c) what was the main reason in each case?

ANSWER

The Information as requested is not readily available within the dplg. Provinces and Municipalities have been requested to provide this information. The Honourable member will be provided with a response as soon as the information is received

ANSWER

According to the 2003/04 Auditor General Report, only 95 of the 283 audits had been finalised by 30 April 2005. Of the 95 audited twenty seven were unqualified (39%). forty five were qualified (47%), three were disclaimers (3%), and ten had an adverse audit opinion (11 %).

The department has detailed information for the past three financial years (ie. 2004/06; 2005/06 & 2006/07). Details are attached as Annexure A.

(2) Detailed information on the nature of audit opinions is contained in the attached as Annexure B.

(3) Details on the audit analysis are attached as Annexure C. The interpretations is as follows:

(i) There has been a 1 % increase in the unqualified audit outcomes, comparing 2005/06 & 2006/07 audit periods.

(ii) Comparing the 2005/06 & 2006/07 audit period, the number of municipalities with qualified audit outcomes increased by 3%.

(iii)The number of municipalities with disclaimers reduced by 6% during the same period 2005/06 & 2006/07.

(iv) There has been a 1% decrease In the adverse audit opinion during the periods under review.

Question 1898

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

Whether his department is considering a zero rating of import duty on diesel generators; if not, why not; if so, what are the relevant details?NW2690E

Response:

In light of the Government's capital expenditures programme and in accordance with the National Industrial Policy Framework and Action Plan, the International Trade Administration Commission (ITAC) decided to pro-actively review the import duty structure for machinery and capital equipment classifiable under Chapters 84 and 85 of the Customs Tariff. This was done with a view to eliminating unnecessary customs duties on capital equipment not manufactured domestically and unlikely to be manufactured domestically. The investigation covered more than 1 000 tariff lines, including diesel electric generating sets classifiable under tariff heading 85.02 of Chapter 85. As diesel generating sets are manufactured domestically by more than 20 manufacturers, ITAC will more than likely recommend that the duty of 20% on this particular type of equipment be maintained and not reduced. ITAC's full comprehensive report on this investigation, which has reached an advanced stage of completion will shortly be submitted to the Minister of Trade and Industry for consideration.

Question 1899

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

What is the value of fraudulent clothing imports from China?NW2680E

Response:

The Southern African Customs Union imports clothing to the value of R 6 554 million annually from the People's Republic of China. The department is looking at putting a task team together to investigate the extent of illegal imports and under invoicing from all countries exporting clothing into South Africa, not just the People's Republic of China. A study has also been initiated through the Fund for Research into Industrial Development, Growth and Equity (FRIDGE) regarding illegal imports and under invoicing across different sectors, which will include the clothing and textiles sector.

QUESTION NO.: 1900

DATE OF PUBLICATION: 21 NOVEMBER 2008

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

Whether the National Ports Authority complied with all the provisions of the National Environmental Management Air Quality Act, Act 39 of 2004, since June 2005 regarding the manganese terminal and ore dump in the Port Elizabeth harbour; if not, why not; if so, what are the relevant details for each applicable section of the Act? NW2693E

REPLY

As the landlord, the Transnet National Ports Authority exercises oversight over the compliance of Transnet Port Terminals (TPT) with the necessary requirements regarding maintenance of air quality as the operator of the facilities. The monthly reports of TPT air quality monitoring results of the manganese facility to the national Department of Environmental Affairs and Tourism have indicated that compliance is not only met in this regard, but that the applicable regulatory authority has been involved in compliance monitoring in terms of the applicable legislative requirements.

Further more, the TNPA conducts its own internal inspections and audits of terminal operations and has recently undergone an independent legal compliance audit (through an environmental law firm), with regards to Safety, Health and Environmental legal compliance to the TNPA ISO14001 Environmental Management System ("EMS"). The recent independent legal compliance audits, conducted in September and November 2008 respectively, have shown compliance to the National Environmental Management Air Quality Act, Act 39 of 2004.

TPT is required to comply with certain applicable sections of the AQA. The table below is a summary of these sections:

Section	Detail
Section 23	Controlled emitters
Section 24	Standards for controlled emitters
Section 25	Consequences of declaration
Section 29	Pollution prevention plans
Section 32	Control of dust
Section 34	Control of noise
Section 35	Control of offensive odours
Section 51	Offences
Section 52	Penalties
Section 59	Exemptions
Section 61	Transitional arrangement in respect of legislation certificates issued in terms of atmospheric pollution prevention act
Section 62	Transitional provisions regarding listed activities
Section 63	Transitional provisions regarding ambient air quality standards

Whilst the AQA came into operation on 11 September 2005, a number of the abovementioned sections still require Ministerial notices and regulations to be issued to give full effect to the Act. However, TPT has already aligned its air quality management practices in anticipation of the pending notices and regulations. In the interim, sections 62 and 63 are considered to be key to TPT.

Section 62 of the Act states that, pending the listing of activities concerning atmospheric emissions by the Minister of Environmental Affairs and Tourism, the processes identified in the Second Schedule to the Atmospheric Pollution Prevention Act, 1965 (Act No. 45 of 1965 ) ("APPA") will remain in force. In this regard, TPT is in possession of the requisite APPA permit and fully complies with the conditions of the permit.

Section 63 of the Act refers to the ambient air quality standards. In this regard, TPT conducts ongoing monitoring of air borne particulate matter in the vicinity of the manganese terminal. The results of the monitoring indicate that the manganese operations are conducted within the prescribed legal limits in respect of dust emissions.

There are numerous sections of the AQA which have not as yet come into effect. Once proclaimed into effect, sections 21, 22, 37, 38, 30, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 and 60 will be applicable to TPT.

TPT has also aligned its air quality management practices in anticipation of the pending proclamations. Thus, Transnet Limited subscribes to compliance with the requisite statutory requirements regarding the maintenance of air quality.