Question & Replies No 51 to 75

2009-03-23

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[PMG note: Replies are inserted as soon as they are provided by the Minister]

QUESTION NO.: 51

DATE OF PUBLICATION: 6 FEBRUARY 2009

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

(1) What is the total amount paid by the State, up to the latest specified date for which information is available, towards a certain person's legal fees?

(2) Whether this person has committed to paying back these costs; if not, what is the position in this regard; if so, under what circumstances would the costs be paid back?

NW63E

REPLY

(1)(2) As the Honourable Member should know, the Department of Justice and Constitutional Development is not the line function Department in this regard, and therefore does not have the information requested. It is proposed that the Honourable Member approach the Presidency in this regard.

QUESTION NO: 51

DATE OF PUBLICATION: 8 JUNE 2009

QUESTION PAPER NO:

DATE OF REPLY: 8 September 2009

Mr N J van den Berg (DA) to ask the Minister of Communications:

(1) (a) How many programmes were commissioned by the SA Broadcasting Corporation in each of the three most recent years for which information is available, (b) what (i) was the budget allocated for each of these programmes, (ii) was the title of the programme and (iii) amount was actually spent and (c) when was each programme completed;

(2) (a) how many of these programmes were actually broadcast and (b) when?

NW53E

REPLY:

I have been advised by SABC as follows:-

(1) (a) For the four most recent years the SABC commissioned 519 new programmes, which excludes any re-commissions. The detail regarding the budget allocations, titles, the amounts actually spent and the date of completion of each of these programmes is indicated in the attached spreadsheet.

(2) Please refer to the attached spreadsheet where it is indicated which of the programmes were broadcast as well as the date of broadcast.

QUESTION NO.: 52 DATE OF PUBLICATION: 6 FEBRUARY 2009

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

(1) What the staff vacancy rate in the Directorate of Special Operations (DSO) at the time of its integration into the SA Police Service at each (a) salary and (b) occupation level;

(2) Whether there was an increase in the number of staff resigning from the DSO since the announcement that it would be disbanded by June 2008; if so, what are the relevant details;

(3) Whether there are any plans in place regarding the prosecutors and forensic investigators who were part of the DSO but who were not transferred to the SAPS after the disbanding of the DSO; if not; why not; if so, what plans?

NW65E

(1) I would like to inform the Honourable Member that the DSO has not yet been integrated into the SAPS as the date for this integration must still be determined by the President.

The vacancy rates of the DSO as at 6 February 2009 are detailed in the table below:-

(1)(a) Salary Level

SALARY BAND	NO. OF POSTS	NO. OF FILLED POSTS	VACANCY RATE %
Lower Skilled (Levels 1 – 2)	0	0	0%
Skilled (Levels 3 – 5)	18	17	6%
Highly Skilled Production (Levels 6 – 8)	148	91	38%
Highly Skilled Supervision (Levels 9 – 12)	481	325	32%
Senior Management (Levels 13- 16)	74	42	43%
	721	475	28%

(b) – Occupation Level

OCCUPATIONS	NO. OF POSTS	NO. OF FILLED POSTS	VACANCY RATE %
Administrative Related	73	59	19%
Advocated	104	53	49%
Client Information Clerks (switchboard)	1	1	0%
Communication and Information Related	2	0	100%
Finance and Economics Related	1	0	100%
General and Special Investigators*	432	292	32%
Head of Department/CEO	1	0	100%
Library mail and related clerks	3	2	33%
Logistic Support Personnel	8	4	50%
Messengers/Porters	8	8	0%
Other Administrative Related Clerks	1	0	100%
Other Information Technology	1	0	100%
Prosecutors	5	1	80%
Protection Services	9	9	0%
Public Relations	1	1	0%
Secretaries	9	3	67%
Senior Managers**	62	42	32%
	721	475	34%

* Includes Trainee and Assistant Forensic Accountants

** Includes Deputy Directors Public Prosecutions and Forensic Accountants

(2) There has been an increase in the number of resignations at the DSO. Between April 2007 to December 2007, the number of resignations was an average of 2.0 per month; thereafter the resignations averaged 5.2 per month.

(3) As indicated in the reply in para (1), the DSO has not yet been disbanded. Section 43A(5)(a)–(f) of the NPA Act provides for the process of transferring DSO staff to the South African Police Service. In essence, it provides that DSO investigators who consent to do so, will be transferred to SAPS. Those who do not consent will be offered alternative positions of similar status within the NPA. Should they decline, they will be entitled to a severance package. Prosecutors will be accommodated in the NPA. A Task Team has been formed between the SAPS and the DSO to work on the details of this process.

QUESTION 52

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 8/06/2009

(INTERNAL QUESTION PAPER 01-2009)

Ms JC Klopper- Lourens (DA) TO ASK THE Minister of Basic Education:

In respect of each of the seven most recent years for which information is available, (a) how many enquiries were conducted into educators for misconduct and (b) with regard to each enquiry whether the charges of misconduct was upheld, (i) what was the charge in each case, (ii) what was the penalty and (iii) what is the name of the educator concerned?

W54E

REPLY:

(a)

· In 2006, 484 enquiries were conducted into educators for misconduct where 452 of them were upheld;

· In 2007, 411 enquiries were conducted where 269 of them were upheld

· In 2008, 700 enquiries were conducted where 522 of them were upheld.

(b)

(i) The charges conducted against the educators consist mainly of theft, acts of corruption, fraud, negligence, absenteeism, assault, rape, working while under the influence of liquor or intoxicating substance, etc.

(ii) The penalties ranged from a written warning to dismissal.

(iii) I cannot provide the names of the perpetrators concerned as records are with SACE and the various provincial departments of education.

QUESTION 53

Ms M Smuts (DA) to ask the Minister for Justice and Constitutional Development:

Whether he intends tabling legislation in Parliament to give effect to the ruling of the Constitutional Court in a certain matter (details furnished); if not, why not; if so, what are the relevant details?

REPLY: Minister of Justice and Constitutional Development

Details (Dingaan Hendrick Nyathi v the MEC, Department of Health, Gauteng and Others)

REPLY

Yes. In order to address the Constitutional Court's judgment in Nyathi v Member of the Executive Council for the Department of Health, Gauteng and Another 2008 (9) BCLR 865 (CC) (the Nyathi case), as well as other practical problems that are being experienced with the execution of court orders against the state, it appears to be more appropriate to promote and enact a new State Liability Act rather than to effect amendments to the already obsolete State Liability Act, 1957 (Act No. 20 of 1957). An accompanying Constitution Amendment Bill is also required.

QUESTION NO 54

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 FEBRUARY 2009

(INTERNAL QUESTION PAPER NO 1/2009)

Date reply submitted: 12 March 2009

Mr R J King (DA) to ask the Minister of Safety and Security:

(1) In each province, (a)(i) how many and (ii) what types of firearms were (aa) stolen from, (bb) taken from, (cc) lost by and/or (dd) misplaced by members of the SA Police Service and (b) how many of these firearms have been recovered in respect of each of the past three years up to the latest specified date for which information is available;

(2) how many (a) SAPS members who left the service owing to retirement or for any other reason have not yet returned their official firearms since 30 April 2006 up to the latest specified date for which information is available and (b) firearms are currently owned by municipalities in each province;

(3) whether municipalities (a) handed any firearms to the SAPS for destruction and (b) reported firearms stolen and/or lost to the SAPS; if so, (i) which municipalities and (ii) how many firearms were handed in in each case;

(4) whether the SAPS have conducted any inspection audit; if not, why not; if so, (a) when and (b) what were the findings of each audit?

NW67E

REPLY:

(1)(a)(i)

Firearms lost as on 2009‑02‑02 for current financial year 2008/09
DESCRIPTION: FIREARMS	LOST	STOLEN	NOT YET CLASSIFIED	Current date 2009‑02‑02
LOST AS ON 2008/09 FOR CURRENT FINANCIAL YEAR 2008/09				TOTAL
HEAD OFFICE	3	85	115	203
EASTERN CAPE	11	24	921	956
FREE STATE	3	8	91	102
GAUTENG	24	39	472	535
KWAZULU‑ NATAL	22	92	131	245
LIMPOPO	15	29	7	51
MPUMALANGA	53	3	84	140
NORTH WEST	23	10	139	172
NORTHERN CAPE	0	4	19	23
WESTERN CAPE	29	35	16	80
TOTAL	183	329	1 995	2 507

Reported 2007/08
DESCRIPTION: FIREARMS LOST REPORTED 2007/08	LOST	STOLEN	NOT YET CLASSIFIED	2007/08 TOTAL
HEAD OFFICE	16	15	192	223
EASTERN CAPE	12	19	166	197
FREE STATE	4	0	46	50
GAUTENG	9	23	519	551
KWAZULU‑ NATAL	33	76	148	257
LIMPOPO	16	8	8	32
MPUMALANGA	28	25	296	349
NORTH WEST	11	8	49	68
NORTHERN CAPE	14	4	8	26
WESTERN CAPE	48	72	50	170
TOTAL	191	250	1 482	1 923

Reported 2006/07
DESCRIPTION: FIREARMS LOST REPORTED 2006/07	LOST	STOLEN	NOT YET CLASSIFIED	2006/07 TOTAL
HEAD OFFICE	43	44	20	107
EASTERN CAPE	38	154	36	228
FREE STATE	9	0	107	116
GAUTENG	1,007	170	1,141	2,318
KWAZULU‑ NATAL	213	49	60	322
LIMPOPO	69	11	0	80
MPUMALANGA	101	38	0	139
NORTH WEST	24	38	264	326
NORTHERN CAPE	64	66	0	130
WESTERN CAPE	68	22	0	90
TOTAL	1,635	593	1 628	3 856

(1)(a)(ii) Pistols, rifles, shotguns and revolvers.

(1)(b)

RECOVERED FIREARMS AS ON 2009‑02‑09	2006/07	2007/08	2008/09
HEAD OFFICE	56	65	20
EASTERN CAPE	14	28	18
FREE STATE	21	15	9
GAUTENG	181	64	81
KWAZULU‑NATAL	49	13	1
LIMPOPO	25	2	0
MPUMALANGA	28	46	3
NORTH WEST	29	11	15
NORTHERN CAPE	12	7	4
WESTERN CAPE	27	43	5
TOTALS	442	294	156

Note:

The figures for firearms that have been recovered since they had been reported as missing on 2009‑02‑09, are provided per province. These figures may change if and when firearms that had been reported as missing, are recovered.

(2)(a) 112. The breakdown for each financial year is as follows:

2006/2007 ‑ 7

2007/2008 ‑ 40

2008/2009 ‑ 65 (until 6 February 2009)

(2)(b) ¹The following number of firearms are owned by municipalities within the various provinces:

PROVINCE	NUMBER OF FIREARMS
Mpumalanga	709
North West	560
Limpopo	344
KwaZulu‑Natal	1940
Northern Cape	94
Eastern Cape	397
Western Cape	2427
Gauteng	8089
Free State	751
TOTAL	15311

(3)(a) Yes. A number of municipalities have voluntarily handed in a number of firearms to the South African Police Service for destruction in the spirit of the Firearms Control legislation and to address the proliferation of firearms in South Africa.

PROVINCE	(i) MUNICIPALITY	(ii) NUMBER OF FIREARMS HANDED IN
Limpopo	Marble Hall Municipality	5
	Modimolle District Municipality	1
	Modimolle Local Municipality	5
Western Cape	Cape Town Metropolitan Police	643
	West Coast Municipality	8
	Central Karoo District	3
Northern Cape	Ubuntu Municipality	2
	Dikgatlong Municipality	16
	Phokwane	1
	Emthanjeni	3
Gauteng	Ekurhuleni	659

(3)(b) ²Yes. The municipalities continually report lost and stolen firearms to the respective police stations. It is crucial that information on the lost and stolen firearms be reported immediately so that this information can be circulated immediately.

PROVINCE	(i) MUNICIPALITY	(ii) FIREARMS REPORTED LOST/STOLEN
Mpumalanga	Goven Mbeki Local Municipality	29
	Umjindi Local Municipality	1
	Emalahleni Local Municipality	16
	Mkhando Local Municipality	17
	Steve Tshwete Local Municipality	21
	Delmas Local Municipality	11
	Emakhazeni Local Municipality	1
	Albert Luthuli Local Municipality	2
	Dipaleseng Local Municipality	8
	Mbombela Local Municipality	50
North West	Naledi Local Municipality	2
	Southern District Municipality	1
	Ventersdorp Local Municipality	5
	Potchefstroom City Council Municipality	9
	Maquassi Local Municipality	11
	Ditsobotla Local Municipality	2
	City Council of Klerksdorp Municipality	17
	Local Municipality of Madibeng	2
	Kgetleng River Local Municipality	2
	Mafikeng Local Municipality	3
	Ramotshene Moila Local Municipality	4
	Rustenburg Local Municipality	8

Limpopo	Bushbuckridge Local Municipality	1
	Mogalakwena Local Municipality	1
	Polokwane Local Municipality	4
	Greater Tzaneen Local Municipality	2
	Mookgrophong Local Municipality	1
	Elias Motsoaledi Local Municipality	1
	Makhado Local Municipality	1
	Bela‑Bela Local Municipality	4
KwaZulu‑Natal	Endumeni Municipality	3
	Umgeni Municipality	13
	Ubuhlebezwe Municipality	6
	Kokstad Muncipality	2
	Ethekwini Municipality	109
	Umlazi Municipality	1
	KwaDukuza Local Municipality	2
	Newcastle Municipality	1
	Ulundi Municipality	2
	Umvoti Municipality	2
	Hibiscus Coast Municipality	8
	Endondakusuka Municipality	3
	Umhlathuzi Municipality	2
	The Msunduzi Municipality	18
	Umtshezi Municipality	1
	Emadlangeni Municipality	3

Eastern Cape	Sakhisizwe Local Municipality	2
	Amahlathi Local Municipality	5
	Nelson Mandela Metropolitan Municipality	10
	Sundays River Valley Municipality	1
	Intsika Yethu Local Municipality	1
	Makana Local Municipality	7
	Buffalo City Local Municipality	15
	Kouga Local Municipality	2
	OR Thamba District Municipality	1
	Gariep Local Municipality	6
Western Cape	George Local Municipality	1
	West Coast District Municipality	1
	Witzenburg Municipality	3
	Swartland Municipality	3
	Oudtshoorn Municipality	2
	Overstrand Municipality	1
	Saldanha Bay Municipality	3
	City of Cape Town Metropolitan Municipality	64
	Theewaterskloof Municipality	3
	Stellenbosch Municipality	5
	Cape Agulhas Municipality	2

Gauteng	City of Tshwane Municipality	74
	City of Johannesburg Municipality	101
	Ekurhuleni Local Municipality	311
	Kungwini Local Muncipality	9
	Randfontein Local Municipality	12
	Westonaria Local Municipality	6
	Emfuleni Local Municipality	17
	Midvaal Local Municipality	11
	Lesedi Local Municipality	12
	Mogale City Municipality	12
	Nokeng Tsa Taemane Municipality	3
Free State	Kopanong Local Municipality	2
	Mantsopa Local Municipality	1
	Masilonyana Local Municipality	5
	Matjabeng Local Municipality	34
	Sesoto Local Municipality	10
	Dihlabeng Local Municipality	12
	Nketoana Local Municipality	2
	Ngwathe Local Municipality	4
	Mangaung Local Municipality	34
	Maluti a Phofung Local Municipality	2
	Moghaka Local Municipality	10
	Nala Local Municipality	10
Northern Cape	Khara Hais Local Municipality	1
	Sol Plaatjie Local Municipality	11
	Ga‑Segonyana Local Municipality	3

(4) Yes. A number of audits have been conducted at municipalities all over the country. The firearms that municipalities have in their possession are under the control of an appointed, responsible employee of that municipality. The responsible employee ensures the effective and efficient control over the firearms.

(4)(a) & (b) The following municipalities were inspected by the South African Police Service:

PROVINCE	MUNICIPALITY	(a) DATE OF INSPECTION	(b) FINDINGS
Eastern Cape	Intsika Yethu Municipality	2008‑02‑20	The inspection revealed that not all of the employees were certified as fit and able to possess firearms.
	King Sabata Dalindyebu Local Municipality	2008‑03‑05	1. The inspection revealed that nine firearms were unaccounted for. The management were given 90 days to investigate and report to back to the SAPS. 2. No inventory was kept for the firearms. 3. It was reported that only two out of 163 employees were in possession of the applicable competency declaration.
	Makana Municipality	2008‑03‑06	Seven firearms were reported as lost and stolen. Criminal case dockets were opened and are being investigated.
	Lukhanji Municipality	2008‑11‑06	All firearms were inspected and found to be in order
KwaZulu‑Natal	Dumbe (Paulpietersburg)	2007‑07‑02 2008‑04‑18	All firearms were inspected and found to be in order
	Endumeni (Dundee)	2007‑10‑30 2008‑10‑16	All firearms were inspected and found to be in order
	Kokstad	2007‑03‑16 2008‑03‑03	All firearms were inspected and found to be in order
	Endondakusuka (Mandeni)	2007‑04‑05 2008‑12‑29	All firearms were inspected and found to be in order
	Mnambithi (Ladysmith)	2007‑11‑13	All firearms were inspected and found to be in order
	Umkhanyakude (Mtubatuba)	2007‑07‑11 2008‑03‑20	The institution has not applied for accreditation as yet and is currently being assisted by the SAPS to apply for accreditation. The responsible person was not in possession of the valid competency certificate.
	Okhahlamba (Bergville)	2007‑10‑04 2008‑11‑04	All firearms were inspected and found to be in order
	Utrecht	2007‑12‑13	All firearms were inspected and found to be in order
	Ubehlebezwe (Ixopo)	2007‑08‑28	All firearms were inspected and found to be in order
	Umziwabantu (Harding)	2007‑07‑03 2009‑01‑02	All firearms were inspected and found to be in order
	Umlalazi (Eshowe)	2007‑04‑05 2008‑12‑30	All firearms were inspected and found to be in order
	Ugu (Port Shepstone)	2007‑04‑12 2008‑04‑08	It was found that four firearms could not be accounted for at the time of the inspection. The management was informed to attend to the matter as a matter of urgency and to report the loss/theft to the SAPS.
	Umngeni (Howick)	2007‑04‑10 2008‑03‑19	All firearms were inspected and found to be in order
	Umdoni (Umzinto)	2007‑04‑03 2008‑06‑13	All firearms were inspected and found to be in order
	Umhlathuze (Empangeni)	2007‑06‑21 2008‑09‑16	All firearms were inspected and found to be in order
	Zululand (Ulundi)	2007‑06‑27 2008‑09‑22	All firearms were inspected and found to be in order

Gauteng	Kungwini Local Municipality	2008‑02‑04	It was found that not all employees were certified as fit and proper to possess a firearm.
	Nokeng tsa taemane Municipality	2007‑10‑24 2008‑02‑06	It was found that one firearm was not at the municipality at the time of the inspection and could not be inspected. All firearms were inspected and found to be in order
	Midvaal Municipality	2008‑01‑22	It was found that not all employees were certified as fit and able to possess a firearm.
	Lesedi Local Municipality	2008‑01‑20	It was reported that not all employees were certified as fit and able to possess a firearm. One firearm was reported as lost/stolen and a case was opened (Heidelberg CAS 134/08/2000). The date on which the firearm had been lost/stolen was unknown as it was only discovered missing through the inspection.
	Westonaria Local Municipality	2008‑02‑25	It was reported that not all employees were certified as fit and able to possess a firearm.
	Randfontein Local Municipality	2008‑01‑29	The details of the firearms were not correctly recorded in the Firearms Register System. The error was corrected.
	Emfuleni Local Municipality	2008‑01‑30	The details of the firearms were not correctly recorded in the Firearms Register System. The error was corrected.
	Mogale Local Municipality	2008‑02‑19	It was reported that not all employees were certified as fit and able to possess a firearm.
	West Rand District Municipality	2008‑01‑11	Not all employees were certified as fit and able to possess a firearm.
	City of Johannesburg	2008‑02‑01	The firearms that were inspected were found to be in order.
	Ekurhuleni	2008‑11‑03 to 14	The firearms that were inspected were found to be accounted for and in order. The error with firearms being incorrectly recorded was rectified on the Firearms Registration System. Not all firearms were inspected as employees were working with the firearms.
	City of Tshwane	2008‑10‑09 to 17	The firearms that were inspected were found to be in order. The error with the firearms that were recorded incorrectly was rectified on the Firearms Register System. Not all firearms were inspected as employees were working with the firearms.
Limpopo	Mokgalakwena	2006‑02‑02	All firearms were inspected and found to be in order
	Polokwane	2006‑02‑02	All firearms were inspected and found to be in order
	Modimolle	2006‑02‑03	All firearms were inspected and found to be in order
	Makhado	2006‑02‑01	All firearms were inspected and found to be in order
	Thulamela	2006‑02‑01	All firearms were inspected and found to be in order
	Bela‑Bela Local Municipality	2008‑07‑31	The firearms that were inspected were found to be in order. The details of the lost/stolen firearms were reported to the SAPS and these were circulated. The incorrectly recorded firearms were rectified on the Firearms Register System.
Western Cape	Drakenstein	2006‑08‑24	All firearms were inspected and found to be in order
	Central Karoo District	2006‑10‑02	All firearms were inspected and found to be in order
	Beaufort West Local	2006‑10‑02	All firearms were inspected and found to be in order
	West Coast	2006‑09‑21	All firearms were inspected and found to be in order
	Cederberg Local	2006‑06‑26	All firearms were inspected and found to be in order
	Breede Valley	2006‑09‑26	All firearms were inspected and found to be in order
	Swellendam	2006‑10‑02	All firearms were inspected and found to be in order
	George	2006‑09‑26	The SAPS confiscated four firearms that had not been recorded.
	Cape Agulhas	2006‑10‑02	All firearms were inspected and found to be in order
	West Coast	2007‑04‑19	All firearms were inspected and found to be in order
	Central Karoo District	2007‑06‑06	All firearms were inspected and found to be in order
	Beaufort West Local	2007‑06‑06	All firearms were inspected and found to be in order
	Cape Agulhas	2007‑06‑06	All firearms were inspected and found to be in order
	Breede Valley	2007‑06‑13	All firearms were inspected and found to be in order
	George	2007‑06‑26	The SAPS confiscated one (1) firearm that had not been recorded.
	City of Cape Town (Metro Police)	2008‑07‑03	All firearms were inspected and found to be in order
Free State	Metsimahole	2008‑09‑20	All firearms were inspected and found to be in order
	Mafube	2008‑07‑16	All firearms were inspected and found to be in order
	Phumelela	2008‑07‑23	All firearms were inspected and found to be in order
	Thabong	2008‑10‑15	All firearms were inspected and found to be in order
	Moqhaka	2008‑06‑24	All firearms were inspected and found to be in order
	Dihlabeng	2008‑09‑20	All firearms were inspected and found to be in order
	Nketoane	2009‑10‑27	All firearms were inspected and found to be in order
	Mantsopu	2008‑01‑14	All firearms were inspected and found to be in order
	Tkologo	2008‑09‑25	All firearms were inspected and found to be in order
	Tswelopele	2008‑10‑08	All firearms were inspected and found to be in order
	Botshabelo	2008‑11‑19	All firearms were inspected and found to be in order
	Mohokare	2008‑11‑12	All firearms were inspected and found to be in order

QUESTION NO 54

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 JUNE 2009

(INTERNAL QUESTION PAPER NO 1 - 2009)

Date reply submitted: 3 August 2009

Ms D Kohler-Barnard (DA) to ask the Minister of Police:

(a) What was the breakdown per month of state expenditure on VIP protection and other security for President Jacob Zuma since his dismissal as Deputy President in June 2005 up to the latest specified date for which information is available and (b) how much in the same period of time has been spent on security for former (i) President Mandela, (ii) President Mbeki, (iii) Executive Deputy President De Klerk and (v) Deputy President Mlambo-Ngcuka?

NW56E

REPLY:

Information relating to expenditure incurred in the deployment of personnel in the protection of the President, former Presidents, the Deputy President, Ministers and members of Provincial Executive Councils at their residences and workplaces, is confidential and may not be disclosed, to prevent their safety from being compromised. The South African Police Service is therefore not in a position to disclose information of this nature.

QUESTION NO 55

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 FEBRUARY 2009

(INTERNAL QUESTION PAPER NO 1/2009)

Date reply submitted: 12 March 2009

Moulana M R Sayedali‑Shah (DA) to ask the Minister of Safety and Security:

(1) How much money has the SA Police Service paid out in litigation during the period 1 January 2008 up to the latest specified date for which information is available in each province in respect of (a) legal fees and other related costs and (b) actual claims directly paid to the claimants;

(2) whether (a) the due diligence report has now been thoroughly reviewed and (b) any of its recommendations have been acted upon; if not, why not; if so, what are the relevant details?

NW68E

REPLY:

(1) Departments submit their financial reports in accordance with financial years and not calender years; therefore, information is submitted as from 1 April of each year. Although individual matters are dealt with countrywide, the eventual payment of legal fees is considered a national competency and is not categorized per province. Legal fees paid and contingent liabilities (claims) settled and paid in the periods are:

Financial year

All legal fees and other related costs

(a)

R million

Actual claims settled and directly paid to claimants in period

(b)

R million

2007/08

(period 1April 2007 to 31 March 2008)

R 75,4

Western Cape R 3,4

Northern Cape R 0,2

Free State R 1,8

Eastern Cape R 8,4

KwaZulu‑Natal R 3,7

Mpumalanga R 2,5

Limpopo R 5,0

Gauteng R10,8

North West R 1,2

National competencies R 1,2

TOTAL R38,2

Financial year

All legal fees and other related costs

(a)

R million

Actual claims settled and directly paid to claimants in period

(b)

R million

2008/09

(period 1 April 2008 to 31 December 2008)

R 54,7

Western Cape R 7,9

Northern Cape R 0,5

Free State R 1,1

Eastern Cape R 6,6

KwaZulu‑Natal R 6,8

Mpumalanga R 1,8

Limpopo R 2,4

Gauteng R13,0

North West R 2,7

National competencies R 3,3

TOTAL R46,1

(2) The Report is still under review. The possible implementation of accepted recommendations resides with the National Commissioner. The Report has therefore been referred to him as the operational person, for his consideration and necessary interventions.

QUESTION NO 55

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 JUNE 2009

(INTERNAL QUESTION PAPER NO 1 - 2009)

Ms D Kohler-Barnard (DA) to ask the Minister of Police:

(1) (a) In each (i) department and (ii) province in respect of each of the past three years, how many police officials have been (aa) charged with and (bb) convicted of crimes and (b) in each case, what offence was the official charged with or convicted of;

(2) whether such officials received state funds to support their legal case; if so, how much did this amount to;

(3) whether each of these officials paid this amount back to the State; if not, why not; if so, what are the relevant details?

NW57E

REPLY:

(1) The information reflected in the table is only for the period 2008/2009. The information for the previous two (2) years is not readily available and would have to be obtained from the respective Provinces and Divisions and it will be time consuming.

(2) By direction of the National Treasury, a Standard Chart of Accounts (SCOA) synchronised with a new Economic Reporting format was introduced with effect from the 2004/2005 financial year. The SCOA contains the classification of items according to classification standards. The SCOA, therefore, comprises the coding of items used for classification, recording and reporting within the accounting system. Different classification regimes were harmonised in the chart. The chart caters for data dissemination as determined by the National Treasury.

The design principles of the new reporting tables inter alia allow for the grouping of transactions based on their nature. One such grouping of items is Goods and Services, of which Legal Cost (State Attorney) is a sub-classification. The amount paid in respect of legal costs relates to legal services rendered to the SAPS by the State Attorney towards various kinds of litigation including constitutional matters, labour law matters, criminal law maters, administrative law matters and others.

Members who have been charged with committing crime (criminal law), while performing their official duties, may apply to be represented by the State Attorney at the expense of the State, subject to certain conditions. The State Attorney claims such expenditures back from SAPS. The amount paid by SAPS for legal costs for members who have not forfeited state cover, is included in the sub-classification as indicated above. The specific segment paid in terms of members represented by the State Attorney cannot be provided separately at this stage as it will require a labour-intensive scrutiny of all cases by the Office of the State Attorney.

(3) The debtor administration system of the department does provide for the recovery of legal costs on instruction of the State Attorney but does not differentiate between the various categories of litigation. As a result, legal costs recovered specifically in terms of criminal litigation, can not be presented at this stage. What should be noted is that legal costs is only recoverable in instances where a member has forfeited his / her state protection.

QUESTION 56

INTERNAL QUESTION PAPER [NO 1-2009]

DATE OF PUBLICATION: 6 FEBRUARY 2009

56. Dr S M van Dyk (DA) to ask the Minister for Agriculture and Land Affairs:

(1) Whether, regarding a certain land claim (details furnished) and with reference to

her reply to Question 1751 on 2 December 2008, the claim in respect of this farm is going to be withdrawn or retracted by the claimant and/or the State; if not, why not; if so, (a) when will this take place; (b) what procedures will the State follow in order to retract the claim officially and (c) when will it be announced in the Government Gazette;

(2) whether the State still intends to buy the farm; if so, when; if not,

(3) whether the owner of the farm may sell it on the open market; if not, what is the position in this regard; if so, (a) what document(s) of authority will the State provide to the owner and (b) what are the further relevant details? NW69E

THE MINISTER FOR AGRICULTURE AND LAND AFFAIRS:

(1) No. The claim will not be withdrawn or retracted as it meets the acceptance criteria stipulated in the Restitution of Land Rights Act, 1994.

(a) to (c) Fall away.

(2) Yes. The Commission on Restitution of Land Rights is currently in the process of appointing a professional valuer and expects a valuation report during March 2009. In addition, the Commission on Restitution of Land Rights intends negotiating a purchase price with the representative (Mr Andries Nolte of Findmeanfarm Estate Company) of the current landowner during March 2009.

(3) (a) and (b) Fall away.

QUESTION NO 56

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 08 JUNE 2009

(INTERNAL QUESTION PAPER NO 1 - 2009)

Date reply submitted: 20 July 2009

Mr D A Schäfer (DA) to ask the Minister of Police:

Whether the National Register for Sex Offenders, established in terms of section 42 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007, is on schedule to be completed and implemented by the deadline of 30 June 2009; if not, why not; if so, what are the relevant details?

NW58E

REPLY:

The responsibility of establishing and maintaining the National Register for Sex Offenders rests with the Department of Justice and Constitutional Development. The South African Police Service plays a supportive role and cannot comment on the completion and implementation of the Register.

QUESTION NO.: 57

DATE OF PUBLICATION: 06 February 2009

Dr S M van Dyk (DA) to ask the Minister for Public Enterprises:†

(1) Whether he will appoint an actuary to investigate the debenture exchange transaction (details furnished) of 31 March 2001 between Transnet and the Transnet Pension Fund in order to establish by how much the fund's assets and revenue were prejudiced until January 2006; if not, why not; if so, when;

(2) (a) why Transnet's Second Defined Benefit Fund (TSDBF) was not registered in terms of the Pension Funds Act, Act 24 of 1956, (b) why the Board of Trustees did not amend the rules of the fund as undertaken to do on 30 May 2003, (c) why the statement in Parliament on 21 July 2004 that the TSDBF's pension increase would be calculated in terms of 70% of the CPIX was not put into effect and (d) what were the proceeds of the sale of the MTN shares in 2006;

(3) whether the total amount of the proceeds of the sale of the MTN shares in 2006 has been paid into the TSDBF, if not, why not; if so, what are the relevant deatils? NW70E

REPLY

(1) The Department will not appoint an actuary to investigate the cancellation of the T011 bonds between Transnet and the Transnet Second Defined Benefit Fund ("TSDBF"). There has been nothing improper about the transaction, the details of which are the following:

· In 2000, the TSDBF held R4.8 billion of T011 bonds which were transferred from Transnet Pension Fund to the TSDBF. This portion of the high coupon bonds had been placed in the Transnet Pension Fund by Transnet (the fund did not have to pay for them) to fund part of the deficit in the early 1990's.

· The TSDBF's T011 bonds were found to be unsustainable and very negative to Transnet's cash flows – the guarantor of the Fund. Therefore, in early 2001 Transnet proposed that the Trustees cancel the Fund's T011's, in return for an interest (to the extent of any deficit) in a trust holding 75 million MTN shares. This transaction was approved by the Trustees of the TSDBF and the Board of Transnet, in association with the Department of Public Enterprises and National Treasury. The net impact of this transaction was a reduction of R3.5 billion in the assets as at March 2001 (Transnet remained guarantor).

· However, other factors that negatively affected the fund at that time were also an interest rate assumption adjustment of R1,8 billion and a mortality assumption and experience adjustment of R900 million (a total of R2,7 billion). Together with the T011 transaction, these movements resulted in the solvency of the fund reducing from 103% to 72.1%.

The Fund would have moved into a deficit situation even without the T011 transaction. Regrettably this was not communicated at the time and misconceptions may have therefore been created. Such misconceptions have caused considerable and unnecessary harm to the Fund and the perceptions of the TSDBF.

Contrary to what was communicated in 2003, pensioners' entitlements were not affected by the above transaction. These entitlements are determined by the rules of the Fund and not by the funding position of the Fund. The MTN investment subsequently performed very well and at January 2006 realised R4.6 billion in cash for the TSDBF.

(2)(a) TSDBF was not registered in terms of the Pension Funds Act, 1956 (Act No. 24 of 1956) due to a court case before the Equality Court. For as long as the matter is sub judice, no further information can be made available.

(b) The Trustees of the TSDBF did amend the rules of the TSDBF as per their stated intent in 2003. However, the significant existing fund deficit, the financial implications and the effect of the increasing pension benefits at that time took long to negotiate and delayed agreement among key stakeholders. The submission by the Trustees to the Department of Public Enterprises and National Treasury in early 2003 supported the Transnet's proposal to transfer the pensioners of the TSDBF back under the control of the Department of Public Enterprises pending the investigations and negotiations around the financing. As a result, the following occurred:

· The bonus rule was eventually agreed and approved by Transnet and the Trustees and submission was made to the Department of Public Enterprises and National Treasury for approval in January 2007. The requisite Ministerial approvals were obtained in July 2007 and on 24 November 2007; the TSDBF paid its first bonus to the pensioners of 1.5% of their annual benefit from the Fund.

· The TSDBF's bonuses for 2008 were as follows:

- 3% of their annual pension benefit paid in July 2008; and

- 5,5% of their annual pension benefit paid in November 2008.

· Transnet also paid large ex gratia bonuses to pensioners in 2007 and again in 2008.

· In 2008, pensioners received bonuses between 9.5% to 11% in addition to their 2% statutory increase. Again those with low pensions received significantly more.

· Over the past two years the benefits and bonuses paid to the TSDBF pensioners have increased by approximately 70% of CPI.

(c) The statement in Parliament was put into affect hence over the past two years the benefits and bonuses paid to the TSDBF pensioners have increased by approximately 70% of CPI. The matter of CPI related increases and/or bonuses are constantly being reviewed by both Transnet and the Trustees of the TSDBF.

(d) The 75 million MTN shares held in trust on behalf of the TSDBF were disposed for a total of R4,6 billion in cash in January 2006. The shares were sold by way of a book building exercise run by Transnet and Deutsche Bank.

(3) The proceeds from the sale of these MTN shares were paid directly and immediately into the TSDBF's bank account by the trust housing the shares.

QUESTION NO. 57

(Internal Question Paper No 57- 2009)

Ms M Wenger (DA) to ask the Minister of Cooperative Governance and Traditional Affairs:

(1) How many people have been charged with the practice of Ukuthwalwa in each of the past five years;

(2) whether any measures have been put in place to avoid further occurrences of this practice; if not, why not; if so, what measures;

(3) whether he has had or will have any interaction with traditional leaders in an attempt to prevent it from happening again; if not, why not: if so, what are the relevant details?

Answer

(1) According to information provided by Office of the Cluster Commander of SAPS in Port St Johns, cases presently reported at Mtontsasa Police Station are eleven (11). Four (4) cases are for abduction and seven (7) for abduction and rape. A task team has been established to deal with these cases. There are no statistics available at this police station that similar cases were reported or people were charged in the past five years on this practice (report from Mtontsasa Police Station is attached for ease of reference)

(2) Measures taken by the Eastern Cape Government include an ongoing outreach program led by the Human Rights Commission in the province to educate the community about this practice.

(3) YES, there was Interaction amongst the Minister of Cooperative Governance and Traditional Affairs, Mr S Shiceka. Minister of Women, Children and Persons with Disability Ms N Mayende-Sibiya. Minister of Police, Mr N Mthethwa and the Traditional Leaders at Qaukeni Great Place on 26 June 2009. It was resolved to clamp down on the practice and for Traditional Leaders to work jointly with government. This decision was supported by the Provincial House and CONTRALESA.

QUESTION NO. 58 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

Ms H Weber (DA) to ask the Minister of Environmental Affairs and Tourism:

(1) Whether the medical waste incinerator operated by a certain company (name furnished) has an environmental authorisation following an environmental impact assessment; if not, why not; if so, what are the relevant details;

(2) whether any section 20 permit under the Environment Conservation Act, Act 73 of 1989, has been granted for this site; if not, why not; if so, what are the relevant details;

(3) whether a permit under the Atmospheric Pollution Prevention Act, Act 45 of 1965, has been granted to this site; if not why not, if so, what are the relevant details? NW71E

MS H WEBER (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

58. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) The medical waste incinerator does not have an environmental authorization. It is our understanding that the incinerator was constructed prior to the relevant provisions of the Environmental Impact Assessment regulations coming into effect. However, the relevant provincial environmental department is the competent authority in this regard and details of the Environmental Impact Assessment requirements should be clarified with the relevant MEC.

(2) DEAT received an application for section 20 permit in January 2009. After reviewing the motivation report in support of the application, DEAT drafted a section 20 permit under ECA for the operation of the site and the permit is currently going through DEAT's approval steps.

(3) The site has been granted a permit under Atmospheric Pollution Prevention Act, Act 45 of 1965. The APPA permit is for waste incineration process (Process 39 of Second Schedule, CLASS 2B-1 INCINERATOR). The permit number for this site is NWPG/DAC&E/NWMW/SP39-2B-1/10 Aug 06.

QUESTION NO. 58

INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 8 June 2009

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

Whether she will investigate the illegal dumping of medical waste coming from a certain hospital (name furnished); if not, why not; if so, what are the relevant details?

NW60E

MR J ELLIS (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

58. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

The Department of Environmental Affairs has not made any plans to investigate the Kimberley Hospital. The provincial department of Tourism, Environment and Conservation in the Northern Cape has investigated an incident of illegal dumping of Health Care Risk Waste thought to have been from the Kimberley Hospital, and this was done after they had received a tip-off from an anonymous caller.

Their investigation revealed that it was general waste coming out of the National Health Laboratory Services (NHLS) operating in the Kimberley Hospital. Contact was then made with NHLS for proper cleanup to be undertaken.

Therefore, the Department has no information that will warrant that there should be an investigation undertaken against the Kimberley Hospital, but of course if there is information out there linking the hospital to illegal dumping of Health Care Risk Waste, we would appreciate it if it can be brought to the attention of the department and an investigation will be duly be conducted.

QUESTION NO. 59 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 8 June 2009

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

(1) (a) How many officials in her department are dedicated to environmental protection and monitoring, (b) what are their respective designations and (c) provincial allocations;

(2) (a) how many vacancies currently exist for the above posts and (b) for how long has each of these positions been vacant;

(3) (a) what was the budget for environmental protection and monitoring for the 2008-09 financial year and (b) what is this budget expected to be in the 2009-10 financial year?

NW61E

MR G R MORGAN (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

59. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1)(a) Nationally, there are currently approximately 953 Environmental Management Inspectors (EMIs). Of this number, 53 are based at the national Department of Environmental Affairs and Tourism and the rest spread across provincial authorities and institutions as per table below (1(c)). Furthermore, 208 officials are based at Marine Monitoring, Control and Surveillance (MCS) Component at Marine and Coastal Management (MCM) and dedicated to monitoring, control and protection and 4 officials at Regulation and Monitoring Services (RMS) Directorate at Biodiversity and Conservation (B&C) and dedicated to policy implementation, enforcement and compliance.

1(b) The 953 EMIs are designated as such. 117 officials at MCM are classified as Senior Marine Conservation Inspectors, 47 Chief Marine Conservation Inspectors, 11 Control Marine Conservation Inspectors and Assistant Directors, 7 Deputy Directors and Legal Support, 4 Directors and Chief Directors, and 25 Administration Support. There is one Deputy Director and one Assistant Director as well as two Senior Environmental Officers at B&C.

(1)(c) The following table represents the total number of designated EMIs per province and/or institution:

	Province/Institution	EMIs
1.	Eastern Cape	21
2.	Free State	19
3.	Gauteng	56
4.	KwaZulu-Natal	21
5.	KZN Wildlife	22
6.	Limpopo	16
7.	Mpumalanga	14
	Mpumalanga Parks & Tourism Agency	11
8.	Northern Cape	13
9.	North West	7
10.	Western Cape	43
11.	CapeNature	4
12.	iSimangaliso	1
13.	SANParks	652
14.	DEAT	53
	TOTAL	953

The following table represents provincial allocations at MCM:

	Province	Posts
1.	Eastern Cape	58
2.	Western Cape	150
	TOTAL	208

(2) The following table represents vacancies as well as vacancy periods only at the national Department of Environmental Affairs and Tourism. Similar information pertaining to provinces and other institutions should be directed at these provinces and institutions.

DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM (DEAT)
BRANCH	Vacant Posts
Biodiversity & Conservation	1	2 Months
Environmental Quality and Protection	2	2 Months
Marine and Coastal Management	26	2-20 Months
TOTAL	29

(3) The following table represents the budget for the 2008-09 and 2009-10 financial years for environmental protection and monitoring at branch level within the national Department of Environmental Affairs and Tourism. Once again, similar information pertaining to provincial authorities and institutions should be directed as such.

DEPARTMENT OF ENVIRONMENTAL AFFAIRS AND TOURISM (DEAT)
BRANCH	2009/2010 (R)	2008/2009 (R)
Biodiversity & Conservation	4 400 000.00	4 100 000.00
Environmental Quality and Protection	19 497 000. 00	16 731 000.00
Marine and Coastal Management	128 197 780.00	127 150 728.00

Question no.60

QUESTION PAPER DATE: FRIDAY, FEBRUARY 2009

60. Mr M Swart (DA) to ask the Minister of Minerals and Energy:

(1) What is the current status of the Vele Colliery project adjacent to the Limpopo Sheshe Trans- Frontier Conservation Area;

(2) Whether the Department of Environmental Affairs and Tourism has been consulted on this proposed project, if not, why not, if so, what are the relevant details?

Reply

1. The Department of Minerals and Energy does not manage prospecting or mining projects of companies. Therefore, the DME is not in a position to indicate the status of the Vele Colliery project. However, Limpopo Coal Company (Pty) Ltd applied for a mining right on the 6^th of November 2008. This application was accepted on 27 November 2008. In terms of the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) it takes a period of 12 months to finalize an application for mining right. This means that this application will only be finalized in November 2009.

2. Section 40(1) of the Minerals and Petroleum Resources Development Act, requires that the Minister of Minerals and Energy "consult with any State Department which administers any law relating to matters affecting the environment." Since the adjudication of this application, which was only lodged on the 6^th of November 2009, has not been concluded yet, the Department is in the process of consulting with the Department of Economic Development and Tourism, the Department of Water Affairs, the Department of Agriculture and SAHRA. DEAT has submitted its comments on the Scoping Report. The Environmental Management Programme is expected to be submitted by 26 May 2009.

QUESTION NO 60

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 JUNE 2009

(INTERNAL QUESTION PAPER NO 1)

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

(1) (a) How many mines are operating without a valid water licence as at the latest specified date for which information is available, (b) what are the reasons for some mines not having water licences and (c) is the breakdown per province;

(2) whether any steps are being taken to ensure that these mines obtain water licences; if not, why not; if so, what are the relevant details;

(3) whether any mines have had their operations suspended since 1 January 2007 for not having a water licence; if not, why not; if so, what are the relevant details?

NW62E

REPLY:

(1)(a) The estimated number of mines operating without a valid water use licence is hundred and four (104).

(1)(b) The following are but just circumstances under which it would happen that some mines operate without Water Use Licences:

(i) Instances where no water use application is submitted to My Department thereby violating the National Water Act (NWA) No 36 of 1998.

(ii) Certain mining activities in terms of the National Water Act (NWA) do not require a Water Use Licence and if that mining activity does not fall within the defined water uses in terms of Section 21, e.g. for some mining prospecting and sand mining activities there is no need to apply for a Water Use Licence.

(iii) Some applications reach My Department with incomplete relevant information for the required water uses, thus contributing to the delays in processing and decision making on such applications.

(1)(c) Estimated Provincial breakdown of mining activities taking place without valid Water Use Licences are as follows:

SERIAL	PROVINCE	NUMBER OF MINES
1	Eastern Cape (EC)	1
2	Free State (FS)	0
3	Gauteng (GP)	19
4	KwaZulu-Natal (KZN)	8
5	Limpopo (LP)	32
6	Mpumalanga (MP)	13
7	Northern Cape (NC)	2
8	North West (NW)	29
9	Western Cape (WC)	0
10	TOTAL	104

(2) My Department issues pre-directives and directives to pursue the mines to submit water use licence applications soon after realizing that they are operating without valid licence. Furthermore, My Department has developed External Guidelines to provide direction and assistance to applicants including the Mines and Stakeholders on the following:

· The requirements for the various water uses which require authorization within the mines

· Necessary consultative processes

· The Evaluation and Assessment Process

· The Appeal Process

In addition, my Department has developed and launched the Best Practice Guideline for the Mining Sector in a bid to help them to comply with the requirements for Water Use Licensing and the licence conditions. In order to avoid a situation in which the Mining Houses view the granting of Mineral Right as inclusive of the water entitlements, My Department is in the process of engaging with the Department of Mining in order to come up with a Co-operative Authorization that will ensure that the Water Use Licence is granted before mining can commence.

(3) No. The general rule is that My Department will exhaust all possible enforcement alternatives, for instance issuing a notice of violation and negotiation in the form of a directive. Mines operating without a Water Use License are directed to comply with Regulation 704, Published on 4 June 1999, on the use of water for mining and related activities aimed at minimising the impacts to Water Resources while lodging an application for a Water Use Licence with My Department.

QUESTION NO. 61 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

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

(1) Whether, since the closure of the Abalone Fishery on 1 February 2008, there has been a report on the state of the resource from the Scientific Working Group on Abalone; not, why not; if so, what are the relevant details;

(2) (a) when will he review his previous decision to close the abalone fishery and (b) what evidence will be considered in order to come to his conclusion?

NW74E

MR I F JULIES (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

61. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) Yes, there is a recent report on a modeling assessment that was completed in December 2008. Diving surveys are continuing, and the resource will continue to be assessed annually.

(2)(a) It is not possible to tell the exact date.

(b) The decision will be reviewed based on scientific information on the resource and recovery status.

QUESTION NO. 61 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 8 June 2009

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

(1) What initiatives are her department pursuing to promote eco-tourism in the Wild Coast area;

(2) whether there are any plans to promulgate a national park in the area; if not, why not; if so, what are the relevant details;

(3) whether it is her policy that mining can co-exist with conservation and eco-tourism in the Wild Coast area; if not, why not; if so, what are the relevant details;

(4) whether she will be granting mining rights along the Wild Coast; if not, what will the position be in this regard; if so, what are the relevant details?

NW63E

MR G R MORGAN (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

61. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The Department is funding the following eco-tourism projects under its Social Responsibility Programme in the Wild Coast area, it must be noted though that new projects will only be considered in the next funding round which will commence in 2011:

(a) Amatole District Municipality: Working for the Coast Ntlonyane to Mthatha mouth

(b) King Sabata Dalindyebo Local Municipality: Bumbane Cultural Exhibition Centre/Resource Development Adhocracy, Mbashe , Coffee Bay, Mvezo – Nelosn Mandela Museum, Manqondo Tourism Info. Centre to Coffee Bay , Mussel Rehabilitation and Food production, Umtata Dam Tourism Centre and Recreartional, Umtata Greening and Clean Project.

(c) Mbizana Local Municipality: Working for the Coast Mthamvuna to Manteku Rivers, Mtakatye River Basin, Hlulekan Nature Reserve Upgrading, Indigenous Medicinal Plant, Working for the Coast Mthatha Mouth to Mngazi.

(d) Port St Johns Local Municipality: Rehabilitation of Coastal Forest in Eastern Cape, Beach Public Facilities and Boat Launching Site, Port St Johns Tourism Centre, Working for the Coast Mngazi to Manteku Rivers.

(e) Quakeni Local Municipality: Cutweni and Port St Johns, Magwa Falls Tourism Development, Quakeni Great Place Cultural Village, Quakeni Greening and Beautification.

(2) The idea of establishing a national park has been put on hold due to the complex community issues within the area. The Eastern Cape Province is still working on the expansion of the conservation areas in the area and the incorporation of indigenous forest areas as part of conservation.

(3) It is government policy, within the framework of environmental legislative processes to be complied with.

(4) Mining rights licences fall under the jurisdiction of the Minister of Mining. This question should therefore be directed to her.

QUESTION NO. 62 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

Ms H Weber (DA) to ask the Minister of Environmental Affairs and Tourism:

(1) Whether, with reference to the fact that the research vessel "RV Polarstern" departed from Cape Town for the southern ocean, his department took a position on the ocean fertilisation experiment that the crew of this vessel are due to conduct; if not, why not; if so, what are the relevant details?

(2) whether this experiment is in contravention of the Conference of the Parties (COP) Number 9 of the Convention on Biological Diversity, a convention to which South Africa is a signatory; if not, why not; if so, what are the relevant details?

(3) whether his department has ever contributed financially to ocean fertilisation experiments; if not, why not; if so, what are the relevant details?

NW76E

MS H WEBER (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

62. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) DEAT was not aware of the intention of the "RV Polarstern" to conduct an ocean fertilization experiment in the southern ocean. The matter was brought to our attention shortly before the vessel left Cape Town harbour upon which the department investigated the legitimacy of such activities according to international conventions.

(2) The Convention on Biological Diversity has indeed called for a complete ban of such experiments in the open ocean as the effects are not well understood. However, the London Convention and its 1996 Protocol do not place clear restrictions on where such experiments can be carried out. The international guidelines on this matter are therefore ambiguous.

(3) DEAT has never contributed financially to ocean fertilization experiments due to the uncertainty of its effects as expressed by the COP of CBD.

QUESTION NO. 62 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 8 June 2009

Ms A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether, with reference to the regulations pertaining to the control of plastic bags promulgated in 2003 in terms of the Environment Conservation Act, Act 73 of 1989, there has been any measurable reduction in the tonnage of plastic generated via the use of plastic bags; if not, why not; if so, what are the relevant details;

(2) whether there has been any reduction in the number of plastic bags used by consumers since 2003; if not, why not; if so, what are the relevant details;

(3) what amount has been allocated in each of the past three financial years to implement recycling and waste reduction initiatives;

(4) what (a) total amount and (b) amount in each financial year has been provided to a certain company (details furnished) since it was established in 2003?

NW64E

MS A T LOVEMORE (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

62. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The amount of plastic generated via the use of plastic bags is not known as plastic bags are only one of many different plastic items recycled. However the success of the plastic bag regulations can be measured by the amount of flat carrier bags used, which is discussed below.

(2) There has been a significant reduction in the number of flat carrier bags used by consumers since 2003. In 2003/2004 approximately 5 billion bags were produced, by 2006/2007 this figure had decreased by 3 billion which is a significant reduction.

(3) The levy collected on plastic bags is paid to the Treasury. Funds are released to implement recycling and waste reduction initiatives through a section 21 company called Buyisa-e-bag. Over the past 3.5 years R64 million has been allocated to support the activities of Buyisa-e-bag. An additional amount of R30 million has been budgeted for the 2009-2010 financial year. The R64 million was allocated as follows: In 2005/6 R12 million; in 2006/2007 R12 million; in 2007/8 R20 million and in 2008/2009 R20 million.

(4) See the answer to (3) above.

QUESTION NO. 63 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

Ms H Weber (DA) to ask the Minister of Environmental Affairs and Tourism:

(1) What (a) are the names of all (i) provincial parks and (ii) private reserves that share boundaries with national parks and (b) is the name of the national park with which they share boundaries in each case;

(2) whether hunting is permitted for any of these (a) provincial parks and (b) private reserves where there is no boundary fence between these areas and the national park; if not, what is the position in this regard; if so, for which (i) provincial parks and/or (ii) private reserves?

NW77E

MS H WEBER (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

63. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) (a)(i) and (ii) and (b)

RESERVE NAME	TYPE	Neighbouring NP
Soetendalsvlei Nature Reserve	State Forest Nature Reserve	Agulhas NP
Brandfontein Private Nature Reserve	Private Nature Reserve	Agulhas NP
Brandfontein-rietfontein Private Nature	Private Nature Reserve	Agulhas NP
EC Soetkraal Provincial Nature Reserve	Provincial Nature Reserve	Garden Route NP
Formosa Nature Reserve	Provincial Nature Reserve	Garden Route NP
Formosa Provincial Nature Reserve	Provincial Nature Reserve	Garden Route NP
Formosa Provincial Nature Reserve	Provincial Nature Reserve	Garden Route NP
Goukamma Nature Reserve	Provincial Nature Reserve	Garden Route NP
Keurboomsrivier Nature Reserve	Provincial Nature Reserve	Garden Route NP
Millwood Nature Reserve	State Forest Nature Reserve	Garden Route NP
Witfontein Nature Reserve	State Forest Nature Reserve	Garden Route NP
Annex Arch Rock Private Nature Reserve	Private Nature Reserve	Garden Route NP
Brackenburn Private Nature Reserve	Private Nature Reserve	Garden Route NP
Buitenverwachting Private Nature Reserve	Private Nature Reserve	Garden Route NP
Eastford Private Nature Reserve	Private Nature Reserve	Garden Route NP
Featherbed Private Nature Reserve / San	Private Nature Reserve	Garden Route NP
Associated Private Nature Reserves (Umbabat, Timbavati, Klaserie, Balule)	Private Nature Reserve	Kruger NP
Sabi Sand Game Reserve	Private Nature Reserve	Kruger NP
Mthethomusha NR	Provincial Nature Reserve	Kruger NP
Makuya	Provincial Nature Reserve	Kruger NP
Mthimkhulu	Provincial Nature Reserve	Kruger NP
Manyeleti	Provincial Nature Reserve	Kruger NP
Letaba Ranch	Provincial Nature Reserve	Kruger NP
Welgevonden	Private Nature Reserve	Marakele NP
Jakkalsfontein	Private Nature Reserve	Tankwa Karoo NP
Uintjieskraal	Private Nature Reserve	Tankwa Karoo NP
Vondeling Island Reserve	Island Reserve	West Coast NP
Elandsfontein Private Nature Reserve	Private Nature Reserve	West Coast NP

(2) (a) and (b) (i) and/or (ii)

No, except for the Associate Private Nature Reserves adjoining the Kruger National Park, where a hunting quota is determined and allowed.

QUESTION NO 63

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 8 JUNE 2009

(INTERNAL QUESTION PAPER NO 1)

63. Ms A T Lovemore (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether she is committed to the success of the Harties Metsi a me Remediation Project; if not, why not; if so, how is this expressed in her department's policy;

(2) Whether any steps have been taken to bring members of the original project team on board to salvage the project; if not, why not; if so, what are the relevant details;

(3) whether remedial action is being taken to improve the operations at the seven waste water treatment plants that feed into the Hartebeespoort Dam; if not, why not; if so, what are the relevant details?

NW65E

REPLY:

(1) Yes, I am committed to the success of this high priority programme; it falls well into my Department's policy to address water quality impacts.

The Harties Metsi-a-Me Biological Remediation Programme for the Hartbeespoort Dam was conceived between the North West Department of Agriculture, Conservation and Environment, (NWDACE) and my Department (DWA) and resulted in the North West Environmental Series 5 of a plan called "Hartebeespoort Dam Remediation Plan.

I report with great pleasure that the programme is well established and has aligned itself with Department's goals and more importantly development initiatives of the province.

The key objective of this programme is to address water quality challenges of the Hartebeespoort Dam by implementing Integrated Water Resource Management (IWRM) principles. The biological remediation strategy includes the improvement of diversity by removing undesired fish species and creating sustainable wetland and shoreline habitats. In parallel, the programme is improving the quality of effluent that is discharged into the Hartbeespoort Dam.

The principles and successes established in the programme will be affected across the entire Crocodile West Marico catchment. These successes will become a blueprint for the effective management of similar eutrophic impoundments in South Africa and possibly in the Southern African Developing Countries (SADC).

(2) No, the project is implemented by Rand Water and operates under a mandate to fast track the reaching of priority deliverables.

I am satisfied that the programme is on track and has already achieved, above expectation, a positive impact on the Hartbeespoort Dam water body and consequently on the local community. Concerns and challenges with achieving the desired targets for the removal of unwanted fish species are receiving the highest priority. I am confident that these challenges will be addressed before the start of the next peak catch season (September 2009 – March 2010).

(3) The seven Waste Water Treatment Plants (WWTPs) upstream from the Hartbeespoort Dam form part of my Department's national initiative to upgrade waste water treatment infrastructure. My Department will continue to provide support to the Municipalities to ensure legal discharge limits are maintained. Four of the seven Waste Water Treatment Plants feeding into Hartbeespoort Dam encountered problems for the past few years and did not meet the discharge limits especially Percy Steward and Sunderland Ridge.

With regard to Percy Stuart, remediation measures have been undertaken and the plant is currently operating well within its requirements. Plans for upgrading and increasing the capacity of the plant are underway. Plans are in place to upgrade Sunderland Ridge,

Further work is being undertaken to ensure that the non compliant plant at the Randfontein plant functions efficiently.

The Department is strengthening its regulatory and oversight role, by adopting a risk-based approach. Assessment studies have been finalised in the Hartebeespoort area (and across the entire country) that places each plan on a risk profile. Support and intervention plans are aimed to start at the high risk infrastructure and work its way down to the lower priorities.

QUESTION NO. 64 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

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

(1) Whether there will be any initiatives to cull elephants in parks managed by SANParks in 2009; if not, how was this conclusion reached; if so, what are the relevant details;

(2) whether his department has received any elephant management plans from provincial authorities thus far; if not, why not; if so, which authorities have submitted;

(3) whether any of the elephant management plans from provincial authorities that have been received thus far included the culling of elephants; if not, what is the position in this regard; if so, what are the relevant details?

NW78E

MR GR MORGAN (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

64. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) The Department has not received any elephant management plans from SANParks, thus no culling is allowed until such plans have been submitted to the Department

(2) No. The Department has not received any elephant management plans from provincial authorities.

(3) No management plans have been received thus far. No culling will be allowed until plans have been submitted.

QUESTION 65

65. Mr G R Morgan (DA) to ask the Minister of Labour:

(1) Whether the recent discretionary grant paid by the Tourism and Hospitality Sport Education and Training Authority (Theta) to the Thabo Mofutsanyana District Municipality (TMDM) is justified considering that municipalities fall under the Local Government, Water and Related Services Sector Education and Training Authority (LGWSeta); if not, what will be done to rectify the situation; if so, how is it justified;

2) (a) what was the motivation for the grant being paid to TMDM and not to any other municipality, (b) what was the size of the grant, (c) what are the expected outcomes and (d) who is the service provider?

Minister of Labour Replied:

While I am always ready to reply to Honorable Mr. G R Morgan and other Members of Parliament's questions, I have consistently said that I equally expect, without prescribing to Honorable Members, that questions asked should exhibit some basic level of contextual understanding of the SETA system. SETAs are public entities governed by Boards consisting predominately of employer and employee representatives. They are permitted under the Public finance management Act and the Skills Development Act and its Regulations to procure goods and services, and to allocate both Discretionary and Mandatory grants to service providers and employers. They are audited by the Auditor General and their Annual Reports containing audited statements are tabled in Parliament.

My department does not keep every little bit of information with regard to each SETA's transactions and we are not planning to do so in future. We will continue to maintain records of information relating to the SETAs Service Level Agreements. I have provided Ms Dreyer, a member of the DA, with an updated Contact List of SETAs before, for you to contact these institutions directly in case you require such little and detailed information. I am also providing you with another contact list again for this purpose.

(1) I have nonetheless in the meantime contacted the Tourism SETA on your behalf, and I was advised that the discretionary grant paid to Thabo Mofutsanyana District Municipality (TMDM) was justified. It was granted to support the Unemployed Graduate Development Programme to assist the SETA to achieve its Service Level Agreement target of 1175. Nothing prevents a Seta from funding organisations outside their sector scope for skills programmes that are strategic to that sector's growth. In this particular project, I am advised that the Board:

· Recognised that some employers within the Theta scope did not have the capacity or were not interested in taking part in this project,

· Noted that several local and city councils/ municipalities had areas within their organisations that fell within the scope of this project ( e.g. Commerce and / or Finance, Tourism and Travel, Hospitality and Events, Sport and Recreation, Human Movement Science, Marketing)

· Ensured that there was consultation with the LGSETA before hand.

(2)(a) I am advised that from all applications received from the municipalities, the TMDM met the agreed criteria; they had the necessary capacity to participate and to place learners within their municipality. There were several other municipalities that were also approved besides TMDM. This includes: Mangaung Local Municipality, Naledi Local Municipality; Xhariep District Municipality; Thulamela Municipality; Bushbuckridge Municipality; Phumelela Local Municipality; Alfred Nzo District Municipality; Lesedi Local Municipality; Thabo Mofutsanyana District Municipality and Sol Plaatje Municipality

(b) The total grant to TMDM amounted to R10 635 000.

(c) The grant was made to TMDM to assist the THETA to achieve its Service Level Agreement target of 1175 Unemployed Graduates.

(d) The TMDM as the employer is also the service provider.

QUESTION NO. 65 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 8 June 2009

Mr G R Krumbock (DA) to ask the Minister of Water and Environmental Affairs:

(a) How much funding has a certain park (name furnished) received from the United Nations Educational, Science and Cultural Organisation (UNESCO) since acquiring World Heritage status, (b) what is the breakdown of this amount in each financial year, (c) what projects in the Park were allocated funds and (d) what was the total amount allocated to each project?

NW67E

MR G R KRUMBOCK (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

65. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(a) Nil.

(b) Falls away.

(d) Falls away.

QUESTION NUMBER: 65

DATE FOR PUBLICATION: 1 SEPTEMBER 2009

DATE REPLY SUBMITTED: 9 SEPTEMBER 2009

THE LEADER OF THE OPPOSITION (DA) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION

whether, with reference to his speech on the budget vote for the Presidency 2009/2010 financial year, (a) there will be a rating system on the one-page report card system for Cabinet Ministers and (b) how will Ministers' performance be measured on the report card; if not, what is the position in this regard; if so, what are the relevant details in each case;

whether there will be any consequences if a Minister fails the rating system; if not, why not; if so, (a) what consequences and (b) how many times may a Minister fail this rating system before the consequences are enacted;

whether the (a) results of these one page report cards or (b) general outcomes or findings of each or report back sessions will be made public; if not, why not; if so, what are the relevant details in each case

NO1279E

REPLY:

1. Government approved its Medium Term Strategic Framework for the period 2009 to 2014 in July 2009. This spells out its plan for the next five years. The new performance process is an extension of the MTSF. We are in the process of developing measurable outcomes and outputs against which Ministers and Departments need to deliver. Once cabinet has approved these outcomes, they will be formally communicated to Ministers.

The document improving Government Performance was launched to the public on Friday 4 September describes our approach in more detail. This is not a "rating system" as the question suggests but a mechanism to direct our delivery and assess our performance on a regular basis. The six monthly reports from ministers to the President will have two objectives – assess the progress we have made in six months towards what in all cases are long term targets and identify blockages to delivery that need attention.

The approach is a reflection of how seriously the Presidency takes the responsibilities of planning and improving performance. Consequences for not meeting delivery targets will be decided upon by the President.

3. Government is committed to keeping the South African public and Parliament fully informed of its plans and progress in implementation. Regular reports, publications and addresses to Parliament will be used to report of performance.

QUESTION 66

66. Mr G R Morgan (DA) to ask the Minister of Labour:

(1) Whether the performance management of the Tourism, Hospitality and Sport Education and Training Authority (Theta) is linked to his department's scorecard process; if not, why not; if so, what are the relevant details;

(2) with reference to the National Skills Development Strategy (NSDS) indicators in the 2007-08 annual report of Theta, (a) which indicators achieved less than 100% when performance is measured against target and (b) what is the reason why some indicators have no percentage;

(3) (a) what was the amount of the last two bonuses paid to the chief executive officer of Theta and (b) on what dates were they paid?

Minister of Labour Replied:

(1) Yes, the Theta's performance management system including those of those of other SETAs, are linked to my Department's Score Cards and Service Level Agreements that SETAs also conclude before the beginning of each financial year in terms of Regulations published in the government Gazette no: 27801 of 18 July 2005.

(2)(a) The areas in which the Tourism Seta achieved less than 100% are set out in the Annual Report that was tabled in Parliament on Pages 22 to 29.

(b) Other indicators do not have percentage targets as they could not be quantified even in the NSDS 2005 to 2010 e.g. Indicator 1.1. Identification of critical skills; 1.2 Information disseminated; 5. 1. SETA support to ISOEs.

(3) (a) & (b) I am advised that the CEO received a bonus R 100456.90 on 12 October 2006 for the 2005/2006 financial year and an amount of R 131849.69 on the 30^th June 2008 for the 2006/2007 financial year.

QUESTION 66

DATE OF PUBLICATION: FRIDAY 05 JJUNE 2009 [IQP No 1 -2009]

FIRST SESSION, FOURTH PARLIAMENT

Question 66 for Written Reply, National Assembly: Mr. G R Krumbock (DA) to ask the Minister for Agriculture, Forestry and Fisheries:

(1) Whether the growing of jatropha plantations is prohibited in any particular province; if so, (a) what is the estimated total size of land under jatropha cultivation and (b) what are the further relevant details;

(2) whether she has been informed of the potential of jatropha as a biofuels feedstock; if not, what is the position in this regard; if so, what are the relevant details? NW68E

REPLY:

A: (1) The planting of Jatropha is not prohibited as such in any province but is regulated as a Category 2 Alien Invasive Species in terms of National Environmental Management: Biodiversity Act Regulations on Alien and Invasive Species as published on 3 April 2009. It is also listed as a category 2 plant under the amended Conservation of Agricultural Resources Act (CARA) Regulations in process of publication. The plant's category 2 status requires that it may only be planted on authority of a demarcation permit. The permit will be issued on the outcome of an Environmental Impact Assessment. In essence it is afforded the same status as alien species used by the forestry industry e.g. eucalyptus, pine etc. No permits have thus been issued for the planting of Jatropha in South Africa.

The Department of Agriculture does not promote the planting of Jatropha Cursas for bio-fuel production as stated in Department of Agriculture's Interim Position on Crop Production for Bio-diesel in South Africa

(a)The approximate extent is unknown and most plantings are for experimental purposes only. These are mostly old plantings on the Makhatini Flats and some near Dennilton in Limpopo (formerly Mpumalanga)

(b) The Department of Agriculture Interim Position paper has been circulated to all offices of Directorate Land Use and Soil Management and all applications for new plantings are handled in terms of the position paper. Jatropha is a sub tropical plant. Although claims are made that the plant can grow anywhere a project in North West province with Jatropha collapsed after frost had killed all seedlings during the first winter. South Africa has a limited amount of sub-tropical agricultural land available (estimated at 230 000 ha) and would rather use this land for food production given the potential impact of climatic change predicted by acceptable models. For this reason the Bio-fuels Industrial Strategy of the Republic of South Africa, approved by Cabinet in December 2007, cautioned on the use of Jatropha as a bio-fuel feedstock until substantiated local information is available.

A: (2) Jatropha has a potential as feedstock for bio-fuels. The nut produces up to 42% oil that can be transformed into bio-diesel. The Jatropha varieties that occur naturally in South Africa produce small quantities of nuts. The varieties such as Jatropha Curcas on the other hand produce larger quantities of nuts and therefore pose a possible invasive threat especially along streamlines. If Jatropha is used as a biofuel feedstock it should not be done on high potential agricultural land, should not be irrigated and should be contained within the boundaries of a demarcated area properly authorized by a relevant permit.

Once the oil is extracted from the nut a poisonous organic material remains. Any license for a biofuel plant that produce bio diesel from Jatropha feedstock will have to provided acceptable processes that deal with these rests without endangering the environment along the total value chain of the product.

The importation of extracted Jatropha oil is regarded as an environmentally safer option for South Africa. There will however be concerns regarding the environmental impact on the country of origin.

NATIONAL ASSEMBLY

QUESTION FOR WRITTEN REPLY

QUESTION NUMBER: 66

DATE OF PUBLICATION: 09 September 2009

The Leader of the Opposition (DA) to ask the Minister for: National Planning

(1). With reference to his statement in the Presidency's Budget Vote (details furnished) (a) what steps he has taken to ensure that the public entities be referred to in the debate on the Presidency's Vote (details furnished) achieved a high standard and (b) what role is he establishing for such entities within creation of a development state?

REPLY:

(a) As indicated in the speech I made on the Presidency budget vote , of the many functions of the Presidency three key ones are firstly the policy coherence function, secondly to lead the process of developing a coherent agenda and plan for government and thirdly is the performance management function. While the Minister and Department of Public Enterprises are directly responsible for governments shareholder management of SOE's setting out the role of SOE's government's development agenda and their overall role to the growth and development are part of broader planning. Following the completion of the green paper process I will be able to give more details on what will be required from SOE's

(b). Network infrastructure (logistics, energy, telecommunications etc) is fundamental to supporting general economic activity. Government is the only social agent with anintrinsic interest in ensuring adequate investment in this type of infrastructure. A core role of SOE's is to provide strategic network infrastructure to ensure security of supply in the current period. This does not provide operational partnerships with, or direct investment from the private sector. Given the scale of the investment required the fiscus is not able to meet the entire requirement.

However while such investment is a prerequisite to sustaining the economy, it will not enable a transformation of the economic trajectory of the country and here the second development role of SOE's comes to the fore .The SOE' investment programme can also be systematically leveraged to develop manufacturing supply chains either by bolstering existing industries or help in establishing new industries. The current infrastructure investment programme creates significant demand for manufactured inputs. By doing this it is possible to significantly impact on the import composition of the infrastructure build programme.

To do this however will require government in partnership with local and global players in plant, stil and technologies this in turn will drive employment and skills development in these sectors which in turn can create a significant source of employment for semi and unskilled people.

In general SOE's can be leveraged to make direct investments with private sector partners in strategic areas of advanced manufacturing capacity. Historically for example the state led the process of building South Africa's mineral beneficiation industry through ISCOOR, ESKOM and SASOL. Government through SOE's can lead investment to ensure the establishment of qualitatively new strategic national value gains.

QUESTION NO. 67 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

Mr A H Nel (DA) to ask the Minister of Environmental Affairs and Tourism:

(1) (a) What was the total amount of money raised at the recent once-off sale of elephant ivory, (b) which entity is in receipt of this money and (c) how will the money raised from the sale be allocated;

(2) whether the allocation will be made public; if not, why not; if so, what are the relevant details;

(3) whether any money raised from the sale will be allocated to immuno-contraception programmes for elephants; if not, why not; if so, what are the relevant details;

(4) whether his department is currently supporting any immuno-contraception plans for elephants; if not, why not; if so, what plans?

NW81E

MR AH NEL (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

67. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) (a) R66 million.

(b) SANParks.

(2) Yes, once the National Steering Committee has met.

(3) Not until such time that a programme of implementation for the use of the funds has been developed.

(4) Immuno-contraception is still in the research phase.

QUESTION NO. 67 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: June 2009

Mr PJC Pretorius (DA) to ask the Minister of Agriculture, Forestry and Fisheries:

(1) What is the total tonnage of yellowtail trekked in False Bay in each of the past three years;

(2) whether Marine and Coastal Management inspectors are on site to (a) confirm the number of yellowtail landed per trek and (b) ensure that all applicable laws are upheld; if not, why not; if so, what are the relevant details;

(3) whether she has put any measures in place to control the way the yellowtail treks are being (a) conducted by fishers and (b) monitored by officials; if not, why not; if so, what measures?

NW69E

MR PJC PRETORIUS (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

67. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The total tonnage of yellowtail net-trekked (beach-seined) in False Bay (Smitswinkel Bay and Fish Hoek) in each of the past three years is as follows:

2006: 131 ton

2007: 92 ton

2008: 30 ton

(2)(a) The trek net fishery is an Effort controlled fishery (TAE) and is therefore not regulated by the quantum of fish landed. Marine and Coastal Management inspectors conduct ad hoc inspections but do not confirm the number of yellowtail land per trek.

(2)(b) Yes. Marine and Coastal Inspectors monitor the trek net fisheries to ensure compliance by rights holders with the Marine Living Resources Act of 1998 (MLRA) and their permit conditions.

(3)(a) There are specific permit conditions in place which articulate the conditions under which a permit for net-trekking (beach-seining) is issued, which include inter alia gear restrictions (net sizes, mesh sizes, etc.), fishing area restrictions as well as catch limitations.

(3)(b) Yes. Ad hoc inspections are carried out to ensure compliance with the MLRA and permit conditions.

QUESTION NO: 68

DATE SUBMITTED:

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

(1) Whether a certain person (Mr. John Frederick Thiart/ID 84110995054087; 206225072) served a sentence of imprisonment at Branford correctional centre if so (a) for what offence (b) what was the term of the sentence and (c) for how long did the said person actually serve.

(2) Whether the said person made an application in terms of section 276(1((i) of the criminal procedure Act, Act 51 of 1977 for the conversion of part of his sentence if so (a) to whom as the application submitted (b) what was the results. NW 1647E

REPLY

(1) It is confirmed that said person served an imprisonment at Brandfort Correctional Centre.

(a) Count 1: Theft (motor vehicle);Count 2: Theft ( motor vehicle)

(b) Effective sentence of 4(four) years imprisonment reading as follows(On each count of 1 and 2, the accused is sentenced to 4(four) years imprisonment of which 2(years) is suspended for 5 years on conditions )

(c) The offender served two years of his sentence (half of sentence) and was placed out on parole on 27 July 2008 until 26 July 2010.

(2) There is no record on his file that he applied for conversion of sentence in terms of section 276(1)(i) of the Criminal Procedure Act.

QUESTION NO 69

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 FEBRUARY 2009

(INTERNAL QUESTION PAPER NO 1/2009)

Date reply submitted: 12 March 2009

Moulana M R Sayedali‑Shah (DA) to ask the Minister of Safety and Security:

(1) How many investigation dockets were lost or stolen per province during the period 1 April 2008 up to the latest specified date for which information is available;

(2) how many of these missing dockets have resulted in disciplinary hearings;

(3) whether any of these hearings resulted in any form of disciplinary action; if not, why not; if so, (a) how many, (b) what are the details of each action taken and (c) what did it consist of?

NW83E

REPLY:

(1) 1 April 2008 to 28 February 2009:

Eastern Cape ‑ 4

Free State ‑ 98

Gauteng ‑ 86

KwaZulu‑Natal ‑ 132

Limpopo ‑ 19

Mpumalanga ‑ 0

North West ‑ 260

Northern Cape ‑ 6

Western Cape ‑ 63

(2) A total number of 41 cases of missing dockets resulted in disciplinary procedures being taken against the members responsible for the loses.

(3) Yes.

(3)(a) 41 Cases.

(3)(b) Departmental actions were taken and duplicate dockets were opened. The members were also sensitized to safeguard the dockets, vide Head Office Instruction, reference 26/13/2 dated 2004‑12‑10.

(3)(c) The actions consist of:

‑ Departmental hearings

‑ Implementation of proper control measures of dockets to and from court

‑ Drafting of a new directive on Docket Administration: Guidelines to deal with dockets missing in archives, at detective units and at courts

QUESTION NO. 70

INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

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

Whether there are organised processes through which Marine and Coastal Management interacts with industrial bodies in the various fishing sectors; if not, why not; if so, what are the relevant details?

NW84E

MR I F JULIES (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

70. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

DEAT (Branch Marine and Coastal Management) has dedicated Marine Resource Management as well as Scientific Working Groups through which it formally engages with the industrial bodies of the fishing industry.

QUESTION NO. 71 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

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

(a) What is the current status of the policy on the transfer of fishing rights, (b) why has this policy taken so long to complete and (c) when is it expected that the policy will be completed? NW85E MR I F JULIES (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

71. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(a) All comments arising from a public participation process have been incorporated and the final policy is due to be approved for final publication in the Government Gazette.

(b) There has been considerable debate around the comments on the draft policy and careful consideration had to be given to the comments from stakeholders.

QUESTION NO. 72 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

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

(1) (a) When will the performance review process for long-term rights holders in the various fisheries begin, (b) when is it expected to be concluded and (c) what are the reasons for the delay in this process;

(2) (a) what is the name of the business that won the tender to conduct this process and (b) what is the value of this process;

(3) whether the Deputy Director General of Marine and Coastal Management was involved in the awarding of the above tender; if not, why not; if so, what are the relevant details?

NW86E

MR C M LOWE (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

72. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) (a) The process has already commenced.

(b) It is expected to be concluded by May 2010.

(c) The process is much more complex than anticipated. The Tender and subsequent Service Level Agreement with the preferred bidder took some time to be finalized before the work could commence.

(2) (a) The Resolve Group.

(b) R9.5 million.

(3) (a) No. The Deputy Director-General was not involved in this decision of the Bid Committee.

QUESTION NO. 73 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 6 February 2009

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

(1) (a) Whether his department is involved in supporting a certain nature reserve (details furnished); if not, why not; if so, what are the relevant details;

(2) Who are the managing authorities of this reserve;

(3) Whether this reserve falls under the protection of the Ramsar Convention on Wetlands; if not, why not; if so, what are the relevant details?

NW87E

MR GG BOINAMO (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

73. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS:

(1) (a) No. It is a provincial nature reserve.

(2) Limpopo Department of Economic Development, Environment and Tourism

(3) Yes. The Nylsvley Wetland that was designated a Ramsar Wetland is found within this nature reserve.

QUESTION 73

INTERNAL QUESTION PAPER [NO 1-2009]

DATE OF PUBLICATION: 8 JUNE 2009

73. Ms A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

(1) Whether his department has conducted an audit of all state-owned land; if so, when was it completed; if not,

(2) whether his department is taking steps to conduct such an audit; if not, what is the position in this regard; if so, what are the relevant details;

(3) whether his department will release the findings of the audit; if not, why not; if so, what are the relevant details? NW75E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) Yes. March 2008.

(2) Falls away.

(3) The main purpose of the audit was to verify state land information in order to establish an accurate and reliable immovable asset register. The verification of such raw data is a continuous exercise, which expresses its value through an accurate immovable asset register. Based on this, it would not be ideal to publish such information. However, the immovable asset register itself, which is a value-added product of the audit, is disclosed to the Auditor-General during the compilation of the Annual Financial Statements which are eventually presented to Parliament.

QUESTION 74

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 06 /02/09

(INTERNAL QUESTION PAPER 01-2009)

Mrs D van der Walt to ask the Minister of Education:

Whether she intends appointing a commission of inquiry to investigate the 2008 matric examinations with regard to the (a) delay in releasing matric results, (b) missing examination results and (c) allegations that these results were inflated; if not, why not; if so, what are the relevant details?

NW88E

REPLY:

(a & b) I asked the National Examination Irregularities Committee to establish a task team to investigate the delays in matric resulting. The members of the task team were M Sishi (DoE and chair), JPC Basson (SAQA), JPK Lotter (HESA), RJ Mello (SADTU), RJ Burger (SAOU), RR Poliah (DoE), AJ Van Rensburg (Irregularities Committee). The task team began work on 13 January 2009 and submitted a report to me on 2 February 2009. I referred its recommendations to HEDCOM for action.

(c) The Department of Education has investigated this allegation, and the sources of the allegation were unable to provide information to warrant an investigation.

QUESTION NO. 75
(Internal Question Paper No 75- 2009)

Mr M H Steele (DA) to ask the Minister of Cooperative Governance and Traditional Affairs:

(1) Whether he has been informed about the delay in publishing the findings of the forensic investigation of the uMngeni Municipality by the KwaZulu-Natal member of the executive committee (MEC) for local Government in 2007; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether he has been informed about the delay in acting upon the recommendations of the findings of the said MEC's forensic investigation of the Msunduzi Municipality, which were tabled before that council in 2007; if not, what is the position in this regard; if so, what are the relevant details;

(3) whether he will take any steps to achieve a resolution of the issues identified in these forensic investigations; if not, why not; if so, what are the relevant details? NW77E

Answer

(1) No. The MEC for Local Government in KwaZulu-Natal is engaging the Executive Committee of uMngeni Municipality to ensure that the findings and recommendations of the forensic investigation report are implement~d.

(2) No. The KwaZulu-Natal Department of Local Government and Traditional Affairs is engaging the municipality on this matter. The Municipal Manager of Msunduzi Municipality has committed that the matters raised are being addressed.

(3) The MEC will be engaging the provincial executive to ensure that the municipalities comply and implement the recommendations of the forensic reports. Should municipalities not comply accordingly, legal action would be considered against them.

NATIONAL ASSEMBLY (WRITTEN REPLY): PARLIAMENTARY QUESTION NO. 75/2009: MR M H STEELE (DA) TO ASK THE: MINISTER OF COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

QUESTION 1

Whether he has been informed about the delay in publishing the findings of the forensic Investigation of the uMngeni Municipality by the KwaZulu-Natal member of the executive committee (MEC) for Local Government In 2007; If not, what Is the position In this regard: If so, what are the relevant details:

ANSWER 1

No. the MEC is engaging the EXCO of Umngeni Municipality in order to ensure that the findings and recommendations on the forensic investigation report are implemented.

QUESTION 2

Whether he has been informed about the delay in acting upon the recommendations of the findings of the said MEC's forensic investigation of the Msunduzi Municipality, which were tabled before that council in 2007; If not, what is the position In this regard; if so, what are the relevant details;

ANSWER 2

No. the Department-of Local Government and Traditional Affairs - KZN is engaging the municipality on this matter. The Municipal Manager has committed that the matters highlighted in the Investigation report are being addressed.

QUESTION 3

Whether he will take any steps to achieve a resolution of the Issues Identified in these forensic investigations; If not, why not; if so, what are the relevant details?

ANSWER 3

The MEC will be engaging the Provincial Executive to ensure that the Municipalities comply. Should Municipalities not comply, legal measures will be considered.

QUESTION NO: 74

QUESTION PAPER NO 1: 8 JUNE 2009

DATE SUBMITTED: 1 SEPTEMBER 2009

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

(1) Whether a certain prison inmate (details furnished) was assaulted by prison warders at Leeukop prison in the beginning of 2009; if so,

(2) whether an investigation has been conducted into this matter; if not, why not; if so,

(3) whether any persons have been charged following the findings of the investigation; if so, what are the relevant details? NW76E

REPLY

(1) Inmate Sipho Masango, registration number 99266541 was one of eleven inmates restrained on 31 December 2008 by officials when using the necessary force during a gang fight between the 28 and 26 gangs in C-unit at Leeuwkop Medium A Correctional Centre.

(2) The incident was fully investigated.

(3) Inmate Masango together with the other ten inmates were departmentally charged for inciting other inmates to commit acts of violence/gang activities. Inmate Masango was reclassified from A to C group privileges on 3 January 2009. No officials were charged for using the necessary force to end the gang fight.

QUESTION NO. 72 INTERNAL QUESTION PAPER NO 1 of 2009

DATE OF PUBLICATION: 8 June 2009

Mr G R Krumbock (DA) to ask the Minister of Tourism:

(1) (a) How many tourists visited during the recent Indian Premier League Cricket tournament and (b) what was the average (i) length of stay and (ii) estimated expenditure for each tourist;

(2) whether any policies will be impacted on following the average lessons learnt on managing the tourist experience for the 2010 Fifa World Cup tournament; if not, why not; if so, what policies?

NW74E

MR G KRUMBOCK (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

72. THE MINISTER OF TOURISM ANSWERS:

(1) Statistics South Africa (StatsSA) publish monthly arrival statistics 4 months after the reference month due to the time required for processing and analyses. The information requested will therefore only be available once Statistics South Africa (StatsSA) has released arrivals and tourism figures for the period under review. The information released by StatsSA will be used to estimate the average length of stay and expenditure per tourist during this period. This information will be available once South African Tourism has finalised the 2009 Quarter 2 Tourism Report, which will be released later this year.

(2) Policies will be amended or developed in line with the outcomes of any event taking place in South Africa and this will be done in consultation with relevant stakeholders. The Department is at this stage unable to determine the impact of the tournament in order to take relevant action, as the necessary statistics have not yet been processed and released.

QUESTION NUMBER: 75

DATE FOR PUBLICATION: 1 SEPTEMBER 2009

DATE REPLY SUBMITTED: 9 SEPTEMBER 2009

MR N SINGH (IFP) TO ASK THE MINISTER IN THE PRESIDENCY: PERFORMANCE MONITORING AND EVALUATION

Whether he and his department will be responsible for the implementation and monitoring of the Auditor-General's reports and recommendations relating to its respects of government departments; if not, why not; if so, what are the relevant details?

NW1298E

REPLY:

Firstly, the Auditor General will focus mainly on validating the credibility of performance information. Secondly, because non-financial information is audited annually, the performance audit would relate mainly to output and input (i.e. financial) rather than outcomes. Finally, the Auditor-General's focus is on a particular institution, rather than a sector.

Given that outcomes and impacts generally take a longer time to become evident and can only be measured outside of a particular institution, they are unlikely to fall within the scope of annual audits of non-financial performance information. They would fit more comfortably in the scope of the Government-wide Monitoring and Evaluation system. Auditors are traditionally more oriented to process and compliance, rather than outcomes. Outcome information differs from financial information. It requires a different management paradigm and set of technical skills from what auditors have traditionally been trained in.

QUESTION NO 68

(Internal Question Paper No XXX - 2009)

Mrs N M Mdaka (ANC) to ask the Minister of Cooperative Governance and Traditional Affairs:

What measures does his department have in place to improve the capacity of provincial departments to monitor municipalities in their jurisdiction?

ANSWER

Provincial supervision, monitoring and support of local government is a constitutional obligation in terms of sections 154 (1) and Section 155 (6) and (7) of the Constitution. To give effect to these obligations, the departments for local government were established with the specific mandate to oversee and support municipalities. However, as increasing performance challenges build up within the local sphere, government initiated a comprehensive assessment of these departments' capabilities as well as those of the Offices of the Premiers.

The Department needed to get an understanding of the pressure points in these provincial departments, and investigated each entities' capacity, organisational structure, resource base, management of intergovernmental relations and coordination capacity. Findings demonstrated wide provincial variations among the capacity of these departments to manage their constitutional obligations. Most local government departments were found to be underresourced, receiving only, on average, 3.5% of the provincial budget (excluding Health, Education and Social Development).

Further, only 2% (average result) of staff are above salary grade 11, making these departments extremely 'bottom-heavy' with the result that the required skills and knowledge in these departments is largely lacking. With low budgets, low skills levels, and no specific internal structure dedicated to the monitoring and oversight of municipalities, it became clear that monitoring and support has been poorly resourced, and has received insufficient focus from national government.

Thus, while the previously constituted Department of Provincial and Local Government (dplg) had a very limited focus on Provincial Government, the new Department of Co-operative Governance and Traditional Affairs (CGTA) has recognised the need to fully engage with provincial government. It has now adopted an extended mandate to support and monitor the full scope of provincial functions.

In this context, CGT A has made it one of its key priorities to build the developmental state in provincial and local government by making the execution of mandates by these levels of government more effective, efficient, accountable and responsive.

The following measures are set out in the Strategic Plan of CGT A (2009-2014) to ensure better provincial and municipal capacity:

· Review and strengthen the current IGR Act and other legislation;

· Strengthen legislative provisions to intervene directly in provincial and local government;

· Re-organise the department to better provide hands-on support to provinces and municipalities;

· Strengthen and support institutional and co-operative governance capacity;

· Enhance monitoring and oversight of provincial and local government; and

· Strengthening of the capacity of provinces to achieve clean audits and to support and oversee municipalities in relation to financial management.

The Turn-Around Strategy for Local Government which will be finalized in December 2009 will bring Provinces centre stage in their revived role of municipal support and oversight. All sector departments, the Offices of the Premiers and the Provincial Treasuries will work cooperatively with local and national spheres of government to strengthen and stabilise our municipalities.

Finally, the national Department intends to establish offices in each province which enable the Department to playa stronger complementary support and monitoring role with regard to the support that must be given to provinces and municipalities

2009-03-23

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