Public Service & Administration

2012-06-30

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Reply received: June 2012

QUESTION 972

MR J J MC GLUWA (ID) TO ASK THE MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION:

(1) Whether a deadline has been set for the finalization of the revisions to the Ministerial Handbook; if not, why not; if so, what is the deadline;

(2) Whether the task team working on the revision of the Ministerial Handbook considered the ministerial handbook implemented in the Western Cape as a benchmark for revisions; if not, why not; if so,

(3) Whether the national Ministerial Handbook will be aligned with the handbook implemented in the Western Cape; if not, what is the position in this regard; if so, what are the relevant details?

NW1148E

REPLY

(1) It is expected that the review of the Ministerial Handbook should be finalized by mid-2012;

(2) During the review process inputs were sought from the various provinces, including the Western Cape and these are being considered;

(3) The review of the Ministerial Handbook will take into account all inputs that have been submitted and will be duly considered by the Cabinet,

Reply received: June 2012

QUESTIONS 836 FOR WRITTEN REPLY

FRIDAY, 20 APRIL 2012

836. Mr N D du Toit (DA) to ask the Minister for the Public Service and Administration:

Whether his department has funded the National Youth Development Agency since inception; if not, what is the position in this regard; if so, (a) to what amount and (b) what are further relevant details? NW1012E

Answer

(1) No, the Department of Public Service and Administration has not funded the National Youth Development Agency since its inception.

The Department of Public Service and Administration's vote does not include any funding for the National Youth Development Agency and therefore no funding is available for this Agency.

Reply received: June 2012

QUESTIONS 813 FOR WRITTEN REPLY

FRIDAY, 20 APRIL 2012

813. Prof B Turok (ANC) to ask the Minister for the Public Service and Administration:

(l) Whether he is preparing a revised version of the Ministerial Handbook which sets standards of conduct for the Executive; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether the code of conduct in the Ministerial Handbook has been revised; if not, why not; if so, what are the relevant details;

(3) whether the code of conduct is consistent with the provisions of the Code of Conduct of the Joint Committee on Ethics and Members' Interests; if not, why not; if so, what are the relevant details?

REPLY:

The Ministerial Handbook currently contains a chapter that includes the Executive Ethics Code. The Executive Ethics Code is published by proclamation in the Gazette in terms of the Executive Members' Ethics Act, 1998. Any amendment to the Executive Ethics Code will therefore have to follow due process in terms thereof and cannot be dealt with in the current review of the Ministerial Handbook which is aimed at ensuring alignment to the applicable prescripts.

Reply received: July 2012

QUESTION NO.:798

DATE OF PUBLICATION: 16 MARCH 2012

Mr S J F Marais (DA) to ask the Minister for the Public Service and Administration:

(1) Whether her department has identified measures to deal with cyber security concerns; if not, why not; if so;

(2) whether his department has developed a policy framework in this regard; if not, why not; if so, what are the relevant details;

(3) whether the department has begun implementation of the policy framework; if not, why not; if so, what are the relevant details? NW969E

REPLY

(1) & (2) The DPSA is working on a three pronged strategy in dealing with information security in the public service, which is synonymous with Cyber Security.

(a) The Department of Public Service and Administration, the State Security Agency, the Special Investigations Unit and the State IT Agency are jointly developing a common vulnerability assessment methodology for the public service.

(b) The DPSA has identified the need for a common policy on information security across the public service. Using the ISO17799 standard on information security, the DPSA is currently developing the Public Service Information Security Policy aimed at ensuring the protection of government, business and citizen information in its custody or safekeeping by safeguarding its confidentiality, integrity and availability.

The policy is in its draft phase, and has been circulated widely for comment and review. It is envisaged that this policy will be presented to Cabinet for approval within the first quarter of the 2012/2013 financial year.

(3) Not yet. The department is still consulting on both the Public Service Information Security Policy and the Minimum Information Security Standards Framework. Once this process has been completed and the policies finalised, I will approach cabinet for concurrence.

Reply received: June 2012

QUESTIONS 780 FOR WRITTEN REPLY

Friday, 16 March 2012

780. Mr. S Mokgalapa has posed the following questions to the Minister for Public Service and Administration:

(a) Whether any officials from (a) his department and (any entities reporting to him were on an official visit to Bloemfontein in December 2011 and (ii) January 2012; if so, in each case, what (aa) is the (aaa) name and (bbb) position of the specified official, (bb) was the (aaa) purpose and (bbb) date of such visit and (ccc) was the cost of (aaa) transport, (bbb) accommodation and ( ccc) other expenses.

REPLY:

(a) The Department of Public Service and Administration is reporting on the abovementioned questions for the Honorable Minister Radhakrishna L. Padayachie. The response is based on the

available information which the Department has.

(a)(i) Official trips during December 2011:

(aa) The number of officials that were on official visits to Bloemfontein is eleven. The details of the officials are attached as Tag B.

(a)(ii) Official trips during January 2012:

(aa) The number of officials that were on official visits to Bloemfontein is five. The details of the officials are attached as Tag C.

OFFICIAL TIPS FOR JANUARY 2012

OFFICIAL TIPS FOR DECEMBER 2011

Reply received: July 2012

QUESTION NO.:728

DATE OF PUBLICATION: 16 MARCH 2012

Mr N D du Toit (DA) to ask the Minister for the Public Service and Administration:

(1) Whether the Government has contributed any financial assistance to the African Peer Review Mechanism National Programme in the past 9 financial years; if not, how was this conclusion reached; if so, what (a) amount has been contributed in each specified financial year and (b) percentage has been contributed compared to other participating countries;

(2) what is the budget in this regard for the (a) current and (b) next financial year? NW896E

REPLY

(1) (a) The Ministry of Public Service and Administration (MPSA) serves as the custodian of the African Peer Review Mechanism (APRM) in South Africa by virtue of being the APRM National Focal Point of the Programme. The MPSA as the national Focal Point serves as the Chairman and Secretariat of the APRM National Governing Council (NGC) in the country. In line with the execution of these functions, the MPSA has an annual budget allocated for APRM related activities. The figures below reflect the financial year 2007/2008 – 2012/13 periods.

Financial Year	Budget
2007/08	R4 093 000.00
2008/09	R3 914 000.00
2009/10	R6 861 000.00
2010/11	R6 710 000.00
2011/12	R5 473 000.00
2012/13	R5 650 000.00

The above funds enable the MPSA to continue to render Secretariat services to the National General Council in fulfilling its mandate of ensuring the domestication and institutionalisation of the APRM in South Africa through coordination, stakeholder support, monitoring and evaluation of the APRM National Programme of Action (NPoA) implementation by all sectors envisaged on the programme.

(b) The South African Government further contributes to the African Peer Review Mechanism programme through rendering financial and material support to the African Union continental APRM Secretariat hosted by the country. The Host Agreement is signed between the Department of International Relations and Cooperation (DIRCO) and the African Union which stipulates the terms of engagement as well as support South Africa is expected to provide to the programme. In line with her host country obligations, South Africa, via DIRCO, contributes an annual figure of US$ 100 000 total. South Africa, over and above the annual figure she contributes, there are voluntary amounts that are contributed to the APRM Continental Secretariat.

Period	Description	Amount (USD)
2003 to 31 March 2012	Total contribution by all countries	29 181 503.00
2003 to 31 March 2012	Total contribution by South Africa in this period	10 840 253.00
2003 to 31 March 2012	Percentage contribution by South Africa for this period	37.15%

Percentage contribution by South Africa is ((10 840 253.00 / 29 181 503.00) * 100)

Contribution by other APRM participating countries is attached as annexure A.

(2) The budget for the current financial year by the MPSA is R5 650 000.00 and the budget for the next financial year by the MPSA is projected at R6 038 000.00.

Reply received: July 2012

QUESTION NO.:669

DATE OF PUBLICATION: 16 MARCH 2012

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

Whether, with reference to his reply to question 1826 on 30 August 2011, the total amount paid out in performance bonuses in the 2010-1l financial year amounting to R1 071 571 005 includes only the bonuses paid out to the senior management structure; if not, what is the position in this regard; if so, what are the relevant details? NW829E

REPLY

The total amount paid in performance bonuses in the 2010-11 financial year was R 1 071 578 290. Of this amount, R 75 522 976 to members of the senior management (SMS) and

R 996 055 314 was paid out to non SMS members.

Reply received: June 2012

QUESTIONS 600 FOR WRITTEN REPLY

FRIDAY, 9 MARCH 2012

600. Mr N D du Toit (DA) to ask the Minister for the Public Service and Administration:

(1) Whether his department issued any bursaries to students since 1 January 2007; if not, why not; if so, (a) how many students received bursaries and (b) what is the total amount that has been issued;

(2) what percentage of recipients (a) completed their studies, (b) dropped out and (c) is in the process of completing their studies? NW766E

Mr N D du Toit (DA) to ask the Minister for the Public Service and Administration:

(1) Whether his department issued any bursaries to students since 1 January 2007; if not, why not, if so, (a) how many students received bursaries and (b) what is the total amount that has been issued;

(2) What percentage of recipients (a) completed their studies, (b) dropped out and (c) is in the process of completing their studies? NW766E

Reply:

(1) The department never issued bursaries to scholars since its inception in 1995 but only to its permanent employees.

(2) Bursaries status since January 2007 to date:

Number awarded bursaries	Number Completed	Number dropped out /Transferred to other departments/ Resigned	Number still current on the scheme	Amount spent
183	51	49	83	R2 921 917.55

Reply received: July 2012

QUESTION NO.:580

DATE OF PUBLICATION: 9 MARCH 2012

Mr D C Ross (DA) to ask the Minister for the Public Service and Administration:

(1) Whether her department has an internal audit unit; if not, why not; if so, (a) how many staff members are employed in the unit and (b) what (i) is the structure and (ii) are the functions of the unit;

(2) whether the audit committee considers the internal audit reports; if not, why not; if so, what are the relevant details;

(3) whether she holds meetings to discuss (a) the internal reports and (b) their findings with the audit unit; if not, why not, in each case; if so, (i) on what dates since 1 April 2010 has each specified meeting taken place and (ii) what are thefurther relevant details? NW745E

REPLY

(1) Yes. The Department of Public Service and Administration has an Internal Audit unit, which operates in accordance with regulations and instructions prescribed in terms of Section 76 and 77 of the PFMA.

(a) The Internal Audit directorate is currently composed of six qualified audit staff, an experienced risk manager and one administrator.

(b) (i) The existing structure consists of a Director, two Deputy Directors, two Assistant directors, two Auditors and an Administrator.

(ii) The functions of the unit are, amongst others, to evaluate the controls within the department in order to determine their effectiveness and efficiency and to develop recommendations for enhancement or improvement thereof. Through this and the recommendations for improvement of processes, Internal Audit assists the department in maintaining efficient and effective controls which immensely contribute towards achieving the objectives of the department.

(2) The Internal Audit unit is under the guidance of the independent Audit Committee which considers internal audit reports on a quarterly basis as required by the PFMA. These statutory meetings are attended by the DG, CFO, Head of Internal Audit, Head of Corporate Services and representatives from both National Treasury and Auditor-General.

(3) The Internal Audit Unit reports on its activities to the Audit Committee. The Audit Committee in turn reports to the Director-General, the accounting officer of the Department. The DG briefs the Minister on audit queries resulting from internal audit committee findings on a regular basis. Notwithstanding the above, I will engage the audit committee when there is cause to do so.

Reply received: July 2012

QUESTION NO.:494

DATE OF PUBLICATION: 2 MARCH 2012

Mr E H Eloff (DA) to ask the Minister for the Public Service and Administration:

Whether he met with the internal audit committee in the (a) 2010-11 and (b) 2011-12 financial years; if not, why not; if so, (i) on which dates did they meet and (ii) what are the further relevant details? NW643E

REPLY

Audit Committees report to the Accounting Officers, i.e. the Directors-General. Accordingly, the Director-General met with the committee on several occasions during the period referred to in the question. Generally, Ministers meet with the Audit Committee when there is cause to do so or if the Audit Committee itself requests such a meeting. I am advised that my predecessor did not meet with the Audit Committee during 2010-11 and 2011-12 financial years.

Reply received: July 2012

QUESTION NO.:423

DATE OF PUBLICATION: 2 MARCH 2012

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

(1) Whether any specific criteria are used when assessing the performance agreements of (a) directors-general and (b) heads of department to evaluate their performance; if not, (i) why not and (ii) how is their performance measured; if so, what (aa) criteria and (bb) are the further relevant details;

(2) whether the assessments are outcomes based; if not, why not; if so, what are the relevant details? NW563E

REPLY

(1) Yes. The PSC has developed a checklist to assess quality and compliance aspects of Performance Agreements (PAs) of all Heads of Department (HoDs). The checklist reflects issues relating to the alignment of the PAs with Strategic Objectives of Departments in their Departmental Strategic Plans. The Strategic Plans and Performance Agreements should reflect the thrust of the annual State of the Nation / Province Address, the relevant Minister's Budget Vote Speech and the Service Delivery Contract between the President / Premier and the Ministers and/or Provincial Economic Growth and Development Plan. Further, the PA should also indicate the role of the Department in the Cluster Programme of Action (PoA). These PAs should reflect decisions on how results could be improved in the upcoming year.

The PAs also include Key Result Areas (KRAs). KRAs should be clearly formulated and be understandable with measurable outputs in terms of quality, quantity and time. In accordance with the requirements of the Performance Management and Development System (PMDS) for the Senior Management Service (SMS), PAs of HoDs are comprised of three mandatory Key Result Areas (KRAs) namely integrated governance, regional integration, implementation of the Minimum Information Security Standards (MISS) and overall accountability for security at the Department. Departments should identify KRAs linked to their departmental objective with the applicable Batho Pele Principles and ensure that KRAs and all eleven Core Management Criteria (CMC) are allocated an appropriate weighting.

The assessment of the performance of the HoD is based on the PA. Two formal reviews should be conducted between the Minister and the HoD, one in the middle of the financial year and one at the end. The annual assessment is arranged in accordance with the PSC Guidelines once departments have published their Annual Reports.

(2) Performance assessments had up to now focused on the outputs identified in the PA. With the advent of PAs between the Ministries and the President, where specific outcomes are outlined for each department and sector, strategic plans and PAs are now informed by these outcomes and performance assessments are going to be outcomes based.

Reply received: August 2012

QUESTION NO.:413

DATE OF PUBLICATION: 2 MARCH 2012

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

Whether, with reference to the Auditor-General's report on governance issues in her department, she intends to ensure that appropriate risk management activities are implemented in the information technology environment to prevent fraud and corruption; if not, why not; if so, what are the relevant details? NW553E

REPLY

The Auditor-General's report contained in the Department of Public Service and Administration Annual Report of 2012/11 indicated, "the Department has not implemented appropriate risk management activities in the information technology environment to ensure that regular risk assessments including consideration of risks and fraud prevention are conducted and that a risk strategy to address the risks is developed and monitored". To address the AG's concerns, we have put measures in place to prevent the commission of fraud and corruption in the information technology environment and these include:

· Access controls are being implemented i.e. access to the server room has been tightened. Over and above the biometrics and video surveillance there is an access register for accessing the server room.

· A draft IT Governance Framework, which includes Risk management that is specific to the DPSA, has been developed. The Department is also currently finalising the Government wide IT governance which, once adopted, will be implemented by all departments;

· An IT risk register has been developed as part of the enterprise risk management register.

· Risk Assessments on IT environment are conducted routinely with the assistance of internal risk management unit.

· IT risk management framework draft is being developed to address IT risk department wide.

Reply received: June 2012

QUESTIONS 323 FOR WRITTEN REPLY

FRIDAY, 24 FEBRUARY 2012

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

Whether, with reference to the recent dismissal of two Ministers from Cabinet, they retain their ministerial privileges such as (a) pensions, (b) air tickets, (c) motor vehicles and (d) accommodation; if not, what is the position in this regard; if so, (i) why and (ii) for what period after their dismissal do they continue to receive these privileges?

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

REPLY

The following benefits regarding pension, air tickets, motor vehicles and accommodation (which are applicable to any Minister who vacates office), apply to the two Ministers whose services were recently terminated:

(a) Ministers belong to the Pension Fund for Political Office Bearers administered by Parliament. The pension benefits of a former Minister are determined by years of service. The details thereof could be obtained from the Secretary of Parliament.

(b) A former Minister is, for life, entitled to 48 single domestic business class flights while his/her spouse is entitled to 24 single domestic business class flights. These travel privileges are administered and paid for by Parliament and the Secretary of Parliament should be contacted for further details.

(c) A former Minister is entitled to the use of one official vehicle until the end of month following the month in which his/her services were terminated.

(d) A former Minister is entitled to stay in one official residence until the end of the month following the month in which his/her services were terminated. Where exceptional circumstances justify, this period may be extended for not more than three months.

Reply received: May 2012

QUESTIONS 311 FOR WRITTEN REPLY

FRIDAY, 24 FEBRUARY 2012

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

(1) What is the cause of the delay in tabling the proposed legislation regulating the involvement of public servants in business?

(
2) whether a deadline has been set for such legislation to be (a) submitted and (b) tabled; if not, why not; if so, (i) what is the deadline and (ii) what measures are in place to ensure that this deadline is met? NW390E

ANSWER:

1) Given the complexity of the issues involved, the DPSA has to first complete consultations on the draft Public Sector Integrity Management Framework, which includes proposals to regulate the involvement of public servants in business.

2) It is intended that the Framework will be submitted to Cabinet in June 2012. Progress towards meeting the above date will be monitored as part of the 2012113 Annual Performance Plan of the Department.

Reply received: July 2012

QUESTION NO.:310

DATE OF PUBLICATION: 24 FEBRUARY 2012

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

What is the (a) breakdown of the assessments of the (i) directors-general and (ii) heads of department and (b) overall rating in each case? NW389E

REPLY

At the end of the 2009/10 financial year, a total of 16 national Directors-General (DGs) and 45 provincial Heads of Department (HoDs) qualified to be evaluated. A DG/HoD qualifies for evaluation if she or he has been in the post for a full twelve months cycle of a given financial year. Of these, only 2 DGs in national departments (13%) and 9 HoDs in provincial departments (20%) were actually evaluated.

The Public Service Performance Management Policy provides for a 5 point rating scale when conducting performance evaluations for senior managers. The same scale is also applicable to DGs and HoDs. The overall rating of DGs and HoDs evaluated is as follows:

· 2009/10 FINANCIAL YEAR

A total of 11 DGs and HoDs were evaluated during this period. Of these, 1 was rated level 5, 9 were rated level 4 and 1was rated at level 3.

· 2010/11 FINANCIAL YEAR

A total of 12 DGs andHoDs have so far been evaluated for the 2010/11 period. Of these, 1 was rated at level 5, 10 were rated at level 4 and 1 was rated at level 3.

The evaluations for the 2010/11 financial year are still in progress and due to be concluded by 31 July 2012. For this cycle a total of 31 national DGs and 49 provincial HoDs qualify for evaluations. Of these, only 1 national DG (3%) and 11 provincial (16%) HoDs have so far been evaluated.

We are acutely aware of the low levels of compliance with regard to the evaluation of DG and HODs. I will be approaching Cabinet with a plan to ensure that all qualifying DGs and HoDs are evaluated.

Reply received: June 2012

QUESTIONS 300 FOR WRITTEN REPLY

FRIDAY, 24 FEBRUARY 2012

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

Whether his department is struggling to fill funded posts for highly skilled personnel in the public sector; if not, what is the position in this regard; if so, (a) how many funded vacant posts are there in the Public Service, (b) what has he identified to be the impact on service delivery and (c) how does he intend to dealt with this situation?

Question 1

Whether his department is struggling to fill funded posts for highly skilled personnel in the public sector; if not, what is the position in this regard?

Reply

There are certain highly skilled occupations (such as in the health and engineering related fields) where the Public Service as well as other employers in the Labour market experience ongoing challenges with recruitment due to, amongst others, the limited pool of skills available in the open market, the geographical location of jobs, competitive national and international Labour markets and individual preferences of prospective employees.

Question 1 (a)

(a) how many funded vacant posts are there in the Public Service?

Reply

As at 31 December 2012, the average vacancy rate in the Public Service stood, according to information drawn from PERSAL, at 18, 6% or 304 156 vacant posts. It should, however, be noted that most of the departmental post structures uploaded currently on the PERSAL system

are not fully funded. In contrast to the aforementioned figures, a projection of personnel expenditure based on current expenditure suggests an over-expenditure of approximately 1.3% on the total allocated personnel budget for the Public Service. 1n real terms, this implies a close to zero percent vacancy rate at this stage of the financial year as employee turnover (due to transfers, exits, retirement, etc) can be managed on a replacement basis, but only a small number of additional vacancies can be filled.

The Department for the Public Service and Administration is currently implementing a process together with departments to clean up their post structures and ensure that only funded vacancies appear in the PERSAL system.

Question 1 (b)

(b) what has he identified to be the impact on service delivery

Reply

Any vacancy, if not managed well will impact on service delivery; especially if it relates to jobs that require specialised or scarce skills in critical and high impact areas of service delivery. This impact may vary in terms of institution allocation and demand for services and can only be determined at departmental/institutional level.

Question 1 (c)

Reply

The Department for the Public Service and Administration is already dealing with this matter as part Outcome 12. This entails the development of interventions to, by 31 March 2014, reduce the average vacancy rate in the Public Service to 5% and the period to fill vacancies to 4 months after advertising. These interventions will include targeted recruitment measures for identified occupations and categories of staff. Steps are currently also underway to remove all unfunded vacancies from PERSAL in order to improve the quality and reporting of information on vacancies.

Reply received: October 2012

QUESTION NO.:299

DATE OF PUBLICATION: 24 FEBRUARY 2012

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

Whether she has found that any public servants have benefited from private business because as public servants they have access to government information; if not, what is the position in this regard; if so, (a) who has allegedly benefited from such business because of their standing in the Government and (b) what measures are in place to ensure that public servants do not benefit from business because of their status in the Public Service? NW377E

REPLY

I have not been presented with specific cases where public servants have benefited from private businesses because they have access to government information. It must be noted that using internal government information for personal gain is regarded as misconduct. This is punishable in terms of the Public Service Disciplinary Code and Chapter 7 of the SMS Handbook. As I have indicated in replies similar to this one, creating a professional public service with integrity is a priority for us and we will be looking into this matter closely to ensure that cases referred to by the Honourable member are eliminated.

Currently, there are measures aimed at ensuring that officials maintain high ethical standards, both in their conduct and their relationships with others. For instance, Chapter 2 (Code of Conduct) of the Public Service Regulations prohibits public servants from:

a) Using official position to obtain private benefits during performance of official duties; and

b) Using or disclosing any official information for personal gain or the gain of others.

Therefore, it would be unethical of public servants who doing business to use their official positions to gain private benefits. Any official who contravenes these provisions are guilty of misconduct and shall be dealt with in accordance with the Disciplinary Code.

DPSA is the custodian of the Financial Disclosure Framework; however, the Public Service Regulations are conferring power to the Public Service Commission to manage the register of designated officials' interest. Apart from the requirement that SMS members should declare their business interests in terms of SMS Handbook, chapter 3 of the Public Service Regulations the Treasury Regulations 16A.8 on Compliance with Ethical Standard, 16A.9 on Avoiding Abuse of Supply Chain Management System and the National Treasury Practice Notice No. 7 of 2009/10 SCM – Declaration of Interest: Amendment and Augmentation of standard Bidding Document (SBD4) are used to ensure that public servants and their families do not benefit as per the Honourable member's question.

Reply received: July 2012

QUESTION NO.:283

DATE OF PUBLICATION: 24 FEBRUARY 2012

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

(1) How many persons who are repaying funds have been found guilty of (a) misconduct and (b) fraud;

(2) whether all persons repaying funds have been dismissed; if not, (a) how many in (i) total and (ii) each department have not been dismissed, (b) what punishment was meted out to persons who repaid funds and (c) why, in each case, were these persons not dismissed;

(3) in which departments were the persons who repaid funds employed at the time of the fraud and misconduct;

(4) whether the funds were repaid to the National Treasury or to each separate department in which the person was employed;

(5) whether the total amounts that went missing through fraud and misconduct have been repaid; if not, (a) what total amount was lost in each department and (b) why can this money not be recovered? NW361E

REPLY

(1) In terms of section 85(1) of the Public Finance Management Act (PFMA), 1999, read with Chapter 4 of the Treasury Regulations[1], all departments must, as soon as the disciplinary proceedings in cases of financial misconduct are finalised, report to the Public Service Commission (PSC) on the outcome of the cases. The PSC's reporting format provides for reporting on the cost of financial misconduct and the amount recovered at the time departments reported on the outcome of cases to the PSC.

In respect of the 2009/10 financial year, a total number of 1135 finalised financial misconduct cases were reported by both national and provincial departments. Of the 1035 financial misconduct cases, employees were found guilty in 998 cases. At the time of reporting to the PSC, 218 of these employees were in the process of repaying monies and in 106 cases there were no loss to the State.

(2) According to the report on Financial Misconduct for the 2009/10 financial year, of the 998 employees found guilty of financial misconduct, 214 (19%) employees were discharged from the Public Service.

(a) Final written warnings were issued in 489 (43%) cases, and this was the most prevalent sanction imposed upon those found guilty. In respect of the remaining employees (295) the following sanctions were imposed:

SANCTION	NO OF EMPLOYEES
Combination of sanctions	117
Counseling	6
Demotion	4
Fine	18
Imprisonment	2
Not indicated	3
Suspended dismissal	8
Suspension without pay	47
Verbal warning	12
Written warning	78

(b) The Disciplinary Code and Procedures for the Public Service serves as a mechanism of deterrence, that is to correct employees' behaviour and is intended to prevent any other employee from engaging in similar actions. In deciding on a suitable sanction, the merits of each case and mitigating and aggravating circumstances are considered by the chairperson of the enquiry in terms of the principles of fair and sound labour relations. The merits of each case are not reported to the PSC.

(3) Please refer to Appendix A and B for detailed information.

(4) In terms of section 38(c)(i) of the PFMA read in conjunction with Treasury Regulation Part 5, paragraph 12.5.1 the accounting officer of each department is required to take effective steps to collect all money due to the department.

(5) (a) Please refer to Appendix A and B for amounts not recovered and those that were recovered.

(b) The recovery of money owing to the state is a continuous process and at the time of reporting to the PSC, the respective departments were in the process of recovering the money owed. Furthermore, in some cases, there has been no physical loss of funds to the state and thus the recovery was not necessary. An example of a case in this regard is whereby the stolen item was subsequently recovered. For a breakdown of the amount physically recovered, amount considered as recovered due to "no loss to state", and the amount recovered, please see Appendices A and B attached.

[1] Republic of South Africa. Treasury Regulations, 2002 published in Government Gazette No 23463 dated 25 May 2002

Reply received: July 2012

QUESTION NO.:160

DATE OF PUBLICATION: 17 FEBRUARY 2012

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

(1) Whether the Fraud Prevention Plan and Whistle Blowing Guide, which was approved in November 2010, has been circulated to the entire Public Service; if not, why not; if so, what are the relevant details;

(2) whether the Public Service Commission requires departments to draw up their own fraud prevention plans and whistle blowing guides; if not, why not; if so, what are the relevant details? NW176E

REPLY

The Fraud Prevention Plan and Whistle Blowing Guide that the Honourable member is referring to were developed and approved by the Public Service Commission in compliance with the Public Finance Management Act (PFMA), 1999, and Treasury Regulations 3.2.1. These are internal documents applicable to the Office of the Public Service Commission and not to the Public Service as a whole.

The PFMA, read with the Treasury Regulations, requires of all departments and public entities to develop and implement a Fraud Prevention Plan. In addition, the Protected Disclosures Act, 2000, encourages employers to have in place a whistle-blower policy. In this regard, the Public Service Commission, together with the Institute for Security Studies in association with the Open Democracy Advice Centre published a brochure on whistle-blowing called A Guide for Public Sector Managers Promoting Public Sector Accountability to guide departments regarding the implementation of the Protected Disclosures Act, in 2000. Subsequent to the publication of the Guideline, the Public Service Commission conducted several workshops with national and provincial departments to raise awareness on this important matter. The Commission has made the brochure referred to above is available on its website:

(http://www.psc.gov.za/documents/docs/guidelines/PSC_odac_update.pdf.

Reply received: May 2012

QUESTIONS 144 FOR WRITTEN REPLY

FRIDAY, 17 FEBRUARY 2012

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

Whether his department has developed a tracking system to detect all officials in the Public Service who have pending corruption and fraud cases against them (a) in the 2010-11 financial year and (b) during the period 1 April 201 1 up to the latest specified date for which information is available; if not, why not; if so, (i)(aa) how many and (bb) how many in each specified department, (ii) what is the position of each specified official, (iii) what action has been taken against the specified officials, (iv) how many cases are still pending action, (v) how many criminal cases have been opened and (vi) what action has the department taken against each specified official who has been found guilty of corruption? NWl58E

Response to Parliamentary question 144 posed by Mr. L Ramatlakane (COPE) 144(a) No, The Department of Public Service and Administration (DPSA) has not yet developed a tracking system to detect officials in the Public Service who have pending corruption and fraud cases against them. The Public Service Anti-Corruption Unit is a fairly new institution currently housed within the DPSA and it is still in the process of developing operating systems.

However, such a comprehensive case management system will be among other key priorities for PSACU for the 2012/13 financial year.

Reply received: May 2012

QUESTIONS 144 FOR WRITTEN REPLY

FRIDAY, 17 FEBRUARY 2012

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

Whether his department has developed a tracking system to detect all officials in the Public Service who have pending corruption and fraud cases against them (a) in the 2010-11 financial year and (b) during the period 1 April 2011 up to the latest specified date for which information is available; if not, why not; if so, (i)(aa) how many and (bb) how many in each specified department, (ii) what is the position of each specified official, (iii) what action has been taken against the specified officials, (iv) how many cases are still pending action, (v) how many criminal cases have been opened and (vi) what action has the department taken against each specified official who has been found guilty of corruption? NW158E

Response to parliamentary question 144 posed by Mr. L Ramatlakane (Cope)

144(a) No. The Public Service Anti-Corruption Unit (PSACU) does not have a comprehensive case management system as it is fairly new and is still in the process of establishing its institutional infrastructure.

However, such a comprehensive case management system will be among other key priorities for PSACU for the 2012/2013 financial year.

We are therefore unable to provide you with the required information at this stage.

Reply received: May 2012

QUESTIONS 143 FOR WRITTEN REPLY

FRIDAY, 17 FEBRUARY 2012

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

Whether his department, in implementing the anti-corruption strategy, has ensured (a) in the 2010-201 1 financial year and (b) during the period 1 April 201 1 up to the latest specified date for which information is available that all officials who have pending corruption cases against them were not employed in the Public Service while their cases were pending; if not, what is the position in this regard; if so, what are the relevant details? NW157E

Response to parliamentary question 143 by Mr L Ramatlakane (Cope)

The Public Service Anti-Corruption Strategy (the Strategy) and current Public Service prescripts do not necessarily require officials who have pending corruption cases against them to be prohibited from being employed in the Public Service while their cases are pending.

All cases of public servants' misconduct are addressed in terms of the Public Service Disciplinary Code and Procedures which makes provision for precautionary suspension or transfer while conducting an investigation. Each case is dealt with on its own merit and therefore, there is no blanket approach to suspend or transfer any employee who has been charged with corruption- related misconduct.

Reply received: July 2012

QUESTION NO.:71

DATE OF PUBLICATION: 9 FEBRUARY 2012

Mr M M Swathe (DA) to ask the Minister for the Public Service and Administration:

(1) (a) How many copies of each annual report that was produced by (i) his department and (ii) the entities reporting to him were commissioned for print in the 2010-11 financial year, (b) how many copies were actually printed and (c) what were the (i) total and (ii) individual costs of printing these reports;

(2) (a) who printed each specified report, (b) how was the specified printer decided upon and (c) on what date did the specified printer deliver the report to the specified entity;

(3) whether any of the specified reports that had been printed were found to be unsatisfactory; if not, what is the position in this regard; if so, in each case, (a) which reports, (b) for which entity, (c) by which printer, (d) what action was taken and (e) what were the costs? NW78E

REPLY

The information requested by the Honourable member from the Department of Public Administration (DPSA) and the five entities reporting to it is provided below:

DPSA

(1) (a) (i) The Department of Public Service and Administration commissioned the printing of 110 copies of the 2010-11 Annual Report.

(b) 110 copies of the Annual Report were printed.

(2) (a) Government Printing Works

(b) Government Printing Works was approached to provide the printing services for the report.

(3) The specified reports that were printed were in a satisfactory condition.

PUBLIC SERVICE COMMISSION (PSC)

(1) (a) (ii) Number of copies commissioned for print: 1 500

(b) Number of copies actually printed: 1 500

(ii) Individual cost of printing: R85.56

(2) (a) The service provider used for printing was Silowa Printers

(b) The PSC appointed a panel of printers (ten printers) that produce PSC reports. The procurement division selected four service providers within the panel of printers, using the rotation system from whom quotes were requested. From the four quotations received, Silowa Printers was chosen as the preferred printer due to scoring the highest points on the 80/20 preference point system as contained in the Preferential Procurement Policy Framework Act No 5 of 2000.

(3) The PSC was satisfied with the copies of annual report printed.

PUBLIC ADMINISTRATION LEADERSHIP AND MANAGEMENT ACADEMY (PALAMA)

(1) (a) (ii) PALAMA commissioned the printing of 800 hard copies and 1000 CD

copies of the 2010/11 Annual Report.

(b) PALAMA printed 800 hard copies and 1000 CD copies.

(2) (a) PALAMA's reports were designed and printed by Blackmoon Advertising, a company based in Pretoria.

(b) Blackmoon Advertising was appointed through a process of an open tender.

(3) PALAMA's Annual Report print production was completed without any copies found to be of unsatisfactory quality.

STATE INFORMATION TECHNOLOGY AGENCY (SITA)

(1) (a) (ii) 1500 copies were commissioned for printing.

(b) SITA produced 1500 copies of the Annual Report.

(c) (i) The total cost, including VAT, for printing of the reports was R 339 382.47 (ii)The cost per individual copy was R 226.25.; (2) (a) The annual report was printed by Indigo Marketing and Montoge (b) SITA followed the SITA Request for Quotation (RFQ) process to choose the specified printer (c) The SITA Annual Reports were delivered to SITA Head Office, Erasmuskloof on 27 September 2011. (3) Copies of the SITA Annual Reports delivered were all in satisfactory order as per the requirements of the RFQ.

GOVERNMENT EMPLOYEES MEDICAL SCHEME (GEMS)

(1) (a) (ii) The Scheme is required by the Medical Schemes Act to present all registered members with a copy of the Annual Report . GEMS commissioned 650 000 copies for principal members and 750 for the Scheme's Stakeholders.

(b) 650 750 copies were printed

(ii) The average cost per annual report was R9.81 excluding VAT and this is inclusive of the printing of the covering letter and proxy forms. The average cost per the Annual Stakeholder Report was R75.00 excluding VAT.

(2) (a) Blackmoon Design and Advertising

(b) They were appointed through an open tender process in 2012 in accordance with the Scheme's Supply Chain Management Policy.

(3) None of the reports were found to be unsatisfactory.

CENTER FOR PUBLIC SERVICE INNOVATION (CPSI)

(1) The CPSI did not commission annual reports to be printed in the 2010-11 financial year as the performance information was included in the DPSA's Annual Report.

(2) & (3) Fall away.

Reply received: March 2012

QUESTIONS 66 FOR WRITTEN REPLY

THURSDAY, 9 FEBRUARY 2012

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

(1) With reference to section 7.2 (c) of the Disciplinary Code and Procedures, (a) how many cases have been finalised within the prescribed time period and (b) what is the breakdown in each (i) department and (ii) province;

(2) whether any cases are still pending; if so, (a) how many, (b) what are the reasons for such delays and (c) what are the time periods for cases exceeding the 60 days limited in each (i) department and (ii) province? NW73E

REPLY

National departments and provinces record and manage their cases of precautionary suspension and keep detailed reports which can be requested from them for further verification.

According to the current information requested and received from departments, 361 cases have been finalised within the prescribed time period in terms of section 7.2 (c) of the Disciplinary Code and Procedures and the breakdown is as follows:

National Departments (Agriculture, Forestry and Fisheries 2, Correctional Services 281, DTI 2, DIRCO 2, Justice 20, PALAMA 1, Public Works 1, Science and Technology 1).

There are 336 cases still pending. The reasons for the delay in finalising these cases range from delays with investigations, postponement requests, complexity and seriousness of cases, unavailability of representatives and chairpersons, delays with the pronouncements of outcomes, pre-dismissal arbitration logistical arrangements, review applications, change of representatives and chairpersons and logistical arrangements for witnesses.

The average time period to finalise disciplinary cases involving precautionary suspensions is 243 days and 444 days for national departments and provinces respectively. Departments and provinces are in a better position to provide the complete breakdown and full details of each case if approached accordingly to avail such information.

Reply received: July 2012

QUESTION NO.:65

DATE OF PUBLICATION: 9 FEBRUARY 2012

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

(1) Whether, with reference to the findings of the Public Service Commission (PSC) in its report released in March 2011 on cases of alleged corruption that was reported to the National Anti-Corruption Hotline (NACH), he issued a guideline on the minimum sanctions to be imposed for specific offences of fraud and corruption; if not, why not; if so, (a) when and (b) where has a copy of this guideline been made available;

(2) whether, in accordance with the PSC's recommendations, departments are conducting internal disciplinary hearings concurrently with the referral of the case to the SA Police Service (SAPS) for criminal charges once a case of alleged corruption or fraud involving an amount of R100 000 or more is detected; if not, what is the position in this regard; if so, what are the case numbers of all such referrals to the SAPS for each (a) national and (b) provincial department? NW72E

REPLY

(1) Work has commenced on the development of a framework for appropriate sanctions to ensure consistent application of discipline and once the framework has been finalised I will be submitting it to Cabinet prior making it public.

(2) In terms of the Public Service Disciplinary Code and Procedures and the Chapter 7 of the SMS Handbook, if an employee commits misconduct that is also a criminal offence, the criminal procedure and the disciplinary procedure will continue as separate and different proceedings. The information requested by the Honourable member is being verified and will be submitted in due course.

Reply received: March 2012

Question 61

Mr A P van der Westhulzen (OA) to ask the Minister for the Public Service and
Administration:

(1) What progress has been made since his reply to question 975 on 30 August 2011 pertaining to the internal disciplinary process of the two employees of his department who had been seconded to the Public Service Sector Education and Training Authority (PSETA) (details furnished); (2) whether, any official of his department had laid a charge with the SA Police Service regarding the alleged Involvement in the fraudulent activities by the staff members who had been Implicated In the forensic report; If no, what is the position in this regard; If what are the relevant details; (3) whether he has introduced any measure to avoid iii recurrence of sum type of fraud at the PSETA; if not, why not; if so what (a) measures and (bl are the further relevant details?

Reply

The Department has appointed an employer representative and a chairperson for the hearing. The Department and PriceWaterhouseCoopers are finalizing the charges before the hearing date can be set. One employee's contract came to an end on 31 December 2011. I am not aware of any official of my department who had a charge With SAPS. Special Investigation Unit is still busy with the investigation, the outcome of their investigation will determine the way forward regarding the laying of criminal charges. if any, against relevant employees. The role of the Minister for Public Service and Administration is to appoint employer representatives on the Board. As a SETA, PSETA falls under the oversight of the Minister for Higher Education and Training who administers the Skills Development Act. Though the Department still provides operational support to PSETA In terms of a Memorandum of Agreement PSETA Is a separate legal entity with aboard as its accounting authority. With effect from 1 April 2011, PSETA funds are no longer administered by the Department but are transferred to PSETA. PSETA indicated that It introduced the following measures: (I) They have established an Audit Committee (ij) Appointed internal Auditors and (iii) Are filling vacancies

Reply received: March 2012

QUESTIONS 59 FOR WRITEN REPLY
THURSDAY, 9 FEBRUARY 2012

Mr I O Davidson (DA) to ask the Minister for tile Public Service and Administration:

Whether (a) his department and (b) any entity reporting to him was approached by a certain political organization (name furnished) to contribute to its 66th birthday celebrations; if 80, in each case, (i) which entities and (ii) what was the (sa) nature and (bb) value of the contribution that was requested; whether (a) his department and (b) any of the specified entities reporting to him
agreed to the request; if not, what is the position in this regard; if BO, in each case, (i) who approved the request, (ii) what was the justification for agreeing to the request and (iii) from which budget amount was the contribution paid; whether (a) his department and (b) any of the specified entities reporting to him made :financial contributions to the said political organizations without being approached for such financial contribution; if so, in each case, (i) what amount was contributed, (n) from which budget, (m) who made the decision to provide the specified funds to the said political organization and (iv) how was this (sa) decision and (bb) amount justified; whether (a) his department and (b) any of the entities reporting to him relied on any (i) statutory and pulley provisions in (a a) agreeing and (bb) making such contribution; if not, in each .b case, what is the position in this regard; if so, in each case, what are the relevant details?

RESPONSE

The Department of Public Service and Administration and any entity reporting to the Minister for the Public Service and Administration has not been approached to contribute towards the said political Olgani. Bation celebrating its 60th birthday. (2) (3) &. (4) Not applicable, as there has not been any contribution made;

Reply received: July 2012

QUESTION NO.:36

DATE OF PUBLICATION: 9 FEBRUARY 2012

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

Whether there is a time limit within which disciplinary hearings in government departments must be concluded; if not, why not; if so, what is the average time it takes to resolve disciplinary hearings in government departments? NW41E

REPLY

The disciplinary procedures (PSCBC Collective Agreement Resolution 1 of 2003 and the Chapter 7 of the SMS Handbook) applicable in the public service do not prescribe the specific timeframe to resolve disciplinary hearings except with cases involving precautionary suspensions and appeals. The framework however states that the employer must hold a disciplinary hearing within a month or 60 days (depending on the complexity of the matter) where the employee is placed on precautionary suspension and that departments must finalise appeals within 30 days. This brings the time limit for the finalisation of such cases to 90 days.

Reply received: October 2012

QUESTION NO.:35

DATE OF PUBLICATION: 9 FEBRUARY 2012

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

(a) How many of the 365 officials who have been placed on suspension since the 2009-10 financial year (i) have been dismissed after the disciplinary hearings and (ii) were retained in their positions and (b) what is the breakdown of the results in each case, in each department? NW40E

REPLY

The information that the Honourable Member is requesting is not centrally kept by either the Department of Public Service and Administration or the Public Service Commission, but by individual government departments. We are currently devising systems where government departments will be obliged to provide such information to the Public Service Commission for recording purposes.

Reply received: July 2012

QUESTION NO.:35

DATE OF PUBLICATION: 9 FEBRUARY 2012

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

REPLY

The information requested by the Honourable member is being verified and will be submitted in due course.

Reply received: May 2012

QUESTIONS 28 FOR WRITTEN REPLY

9 FEBRUARY 2012

28. Ms E More (DA) to ask the Minister for the Public Service and Administration:

Whether any other persons have driven (a) his and (b) his Deputy Minister's official blue light fitted vehicles; if not, what is the position in this regard; if so, in each case, in respect of the (i) 2009-10 and (ii) 2010-1 1 financial years, (aa) what is each specified person's (aaa) name and (bbb) designation, (bb) which vehicle and (cc) why? NW32E

REPLY

No any other person, except the designated VIP Protectors to the Minister and Deputy Minister has driven the official blue light fitted vehicles for the Minister and Deputy Minister.

Reply received: July 2012

QUESTION NO.:24

DATE OF PUBLICATION: 9 FEBRUARY 2012

Mr M Swart (DA) to ask the Minister for the Public Service and Administration:

Whether (a) his department and (b) entities reporting to it have (i) awarded any tenders and (ii) concluded any (aa) contracts and (bb) financial transactions with certain companies (names and details furnished) in each specified financial year since 2005-06; if so, (aaa) which company or entity, (bbb) what are the relevant details, (ccc) what was the value of each (aaaa) tender, (bbbb) contract or (cccc) financial transaction and (ddd) what was the name of the companies who failed for each tender, contract or financial transaction that was awarded?

REPLY

The Department of Public Service and Administration and the entities reporting to it has not awarded any tender or concluded any contract and or financial transaction with the companies referred to in the question during any of the financial years from 2005-06.

2012-06-30

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