Questions & Replies: Question & Replies No 151 to 175

Employment Security

This indicator focuses on protection against arbitrary dismissals. The study show that companies find it beneficial to use subcontracted workers because they can be hired and fired as the economy dictates while it is not easy to hire and fire full time workers. Both studies show that there is a fundamental lack of employment security for subcontracted workers. They are not given a notice when being fired and they can loose their jobs anytime, especially when they have been injured.

(4) The Labour brokers who are contributing to the exploitation of workers; those who are risk absorbers and not employment creators; those who act as intermediaries between the client company and the workers to lower labour costs, to reduce direct exposure to labour legislation, to transfer employee risks to the labour broker and evade labour legislation without any employee liability have a lot to worry about as we will be amending the legislation to prohibit them from running their business..

QUESTION NO 154

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 JUNE 2009

(INTERNAL QUESTION PAPER NO 3 - 2009)

Date reply submitted: 20 July 2009

Rev K R J Meshoe (ACDP) to ask the Minister of Police:

(1) How many (a) motorists were attacked by stone throwers on Cape Town's N2 in the past three years and (b)(i) arrests and (ii) successful convictions were made in this regard;

(2) whether statistics indicate that the police are succeeding in rooting out this matter; if not, why not; if so, what are the relevant details?

NW199E

REPLY:

(1) 1 April 2006 to 31 March 2007 (a) 103 reported

(b)(i) No arrests were made

(b)(ii) No convictions

1 April 2007 to 31 March 2008 (a) 81 reported

(b)(i) One arrest was made

(b)(ii) No convictions

The statistics for the 2008/2009 financial year cannot be provided, as the 2008/09 statistics have not been released yet.

(2) Stones are thrown while vehicles are moving at a high speed. As a result, the perpetrators are rarely seen and no proper camera system exists to assist the police in identifying the stone throwers.

However, it appears from the following that the police are succeeding in rooting out this crime:

As per statistical trends from the past financial years, the figures continue to decline as indicated in paragraph one.

- The effective deployment of the police has yielded positive results in curbing the incidents.

- Daily highway patrols and police visibility have shown a positive impact.

- The satellite traffic point which is situated on the N2 opposite to Cape Town International airport also assists in terms of traffic visibility.

QUESTION NO.: 154

DATE OF PUBLICATION: 1 OCTOBER 2009

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

(1) Whether he agreed to a request by the Chief Justice and Heads of Court on 7 June 2009 that the rationalization of the areas of jurisdiction of all courts be given priority; if so,

(2) whether legislation is being prepared on (a) the establishment of the Constitutional Court as the apex court and (b) the incorporation of the special courts into the Supreme Court of Appeal and the High Courts; if not, what is the position in this regard; if so, what are the relevant details in each case?

NO1865E

REPLY:-

(1) While the Superior Courts Bill would facilitate the holistic rationalisation of the areas of jurisdiction of all the High Courts, the request of the Heads of Courts, which I have acceded to, seeks to accelerate the rationalization of certain areas of jurisdiction of the High Courts which were affected by the changes in the boundaries of certain provinces in terms of the Constitution Fifteenth Amendment Act, 2005. The interim changes that will be effected pending the finalization of the Superior Courts Bill are in relation to the following High Courts:

· The Limpopo High Court:-

The proclamation of the Polokwane circuit High Court of the Northern Gauteng High Court as the second High Court for the Limpopo province. (The first High Court is the old Venda High Court which was recently renamed the Limpopo High Court: Thohoyandou). The proclamation of the second Limpopo High Court would be done through a legislative amendment in the Judicial Matters Amendment Bill, 2009 (which is at the advanced stage of drafting). This will ease the hardship endured by the community of the Limpopo Province of having to travel to Pretoria to access the High Court.

· The North West High Court:-

To place the area of Taung under the area of jurisdiction of the North West High Court in line with the changes effected to the boundary of the North West Province.

· The Northern Cape High Court:-

To place the area of Kuruman under the area of jurisdiction of the Northern Cape High Court in line with the changes effected to the boundary of the Northern Cape province.

Further investigations are underway regarding the areas of Odi; Moretele; Pampierstad; Oberholzer, Khutsong, Moutse; and Mount Currie which were also affected by the changes in the provincial boundaries. The process also takes into account the pending court matters relating to some of the areas.

(2) Proposed constitutional amendments and draft legislation (the revised Superior Courts Bill) have been drafted to confer general jurisdiction on the Constitutional Court as the apex court in the Republic and to incorporate specialist courts into the Supreme Court of Appeal and High Court respectively. The draft Bills have been submitted to the Chief Justice for the comments of the judiciary and they will be published for public comments after the views of the judiciary have been received and considered.

QUESTION NO 155

DATE REPLY SUBMITTED:

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 20 FEBRUARY 2009 (INTERNAL QUESTION PAPER NO 3 – 2009)

Dr S M van Dyk (DA) asked the Minister of Transport:

(1) Whether, with reference to the recommendation that number plates be fastened to the body of a vehicle solidly as per instructions published in the Government Gazette (details furnished) in order to declare a vehicle roadworthy and render added security to it, this should be done by a metal plate; if not, why not; if so, what are the relevant details;

(2) whether, with reference to Government Notice No 1235 (details furnished department prefers the metal plate for Gauteng only; if not, what is the position in this regard; if so, (a) why and (b) what is the position with regard to the rest of South Africa;

(3) whether his department supports the Intelligent Number Plate (iNP) project in Gauteng; if not, why not; if so, (a) what are the relevant details and (b) when will it be extended to other provinces;

(4) whether performance records of the proposed iNP are available from other parts of the world; if not, what is the position in this regard; if so,

(5) whether the performance record information will be published; if not, why not; if so, (a) when and (b) what are the relevant details?

NW170E

REPLY:

The Minister of Transport:

(1) The Department of Transport (DoT) has not as yet made any final ruling on whether the number plate should be metal or toughened plastic. The motor vehicle industry, together with the DoT, is still under discussion to determine, based on the various motor vehicle number plate aperture, as to the type of backing plate to use.

(2) The current requirements for Gauteng are to test the new number plate recognition system (Intelligent Number Plate), which is being implemented in Gauteng.

(a) Falls away.

(b) The metal plate requirement has been on the table for discussion. The Department is currently discussing this matter with the motor vehicle manufacturers and other role-players and once consensus has been reached, the new number plate recognition system will be implemented in the rest of South Africa.

(3) Yes, the Department of Transport supports the project in Gauteng.

(a) and (b)

Once the performance record and the cost implication of the Intelligent Number Plate have been studied, the Department will discuss the implementation in other Provinces with all the relevant stakeholders.

(4) No, this is the first of its kind. It has not been implemented anywhere in the world.

(5) Yes.

(a) Once the project is running there will be a continuous reporting on its status and performance.

(b) Falls away.

QUESTION NO 155

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 JUNE 2009

(INTERNAL QUESTION PAPER NO 3 - 2009)

Date reply submitted : 11 September 2009

Rev K R J Meshoe (ACDP) to ask the Minister of Police:

(1) Whether South Africa slipped to the lowest position when it came to the cost to business as a result of crime and violence; if so,

(2) whether it is an indication that the SA Police Service is losing the battle against crime; if not, how was this conclusion reached; if so,

(3) whether the Government has a strategy to improve the rating; if not, why not; if so, what strategy?

NW200E

REPLY:

(1) Yes, according to Index 1.12 of the World Economic Forum=s The Global Competitiveness Report 2008 - 2009, South Africa has slipped to the lowest position by comparison with the other 134 countries assessed through the study when it comes to the cost of doing business as a result of crime and violence.

It should be noted, however, that unlike a number of the other competitiveness indicators ranked against hard data, Index 1.12 is a perception-based index reliant on opinions provided through the Executive Opinion Survey of 2008.

This survey was completed by 39 respondents, by all counts a relatively small sample of business leaders.

As such, the opinions reflected in the Survey should be taken as indicative.

Having said this, it remains a deep concern for Government that local perceptions related to the business costs of crime and violence are negative.

The Ministry of Police and others within the Justice Crime Prevention and Security (JCPS) cluster have fully committed to the mandate of Government to the provision of safety and security for all of its citizens.

In partnership with organisations such as Business Against Crime South Africa (BACSA), we are taking tangible steps to reverse the actual situation on the ground and the negative perceptions of citizens and businesses within the country.

Against this backdrop, it is further worth noting that the Global Competitiveness Report of 2008-2009 ranked South Africa overall with a ranking of 45. At a stage-two level of development, there is much to laud in relation to South Africa's level of global competitiveness in the cost of doing business.

In relation to a number of the more complex indicators, South Africa is the highest ranked country in sub-Saharan Africa. Additionally, it has ranked highly in relation to:

· Market size (i.e., South Africa obtained a rank of 23 out of 134);

· 24^th with respect to financial market efficiency; and

· 33^rd in relation to business sophistication.

As an efficiency-driven economy, the country has also been ranked highly in

relation to innovation (rank 36).

It is this efficiency and capacity for innovation that underscores the Ministry's

response to crime. We are confident that with our consistent efforts working in

partnership with communities and business, we will reverse negative perceptions

and address crime effectively.

(2) It is important that any interpretation of the Global Competitiveness Survey results are appropriately contextualised.

The small sample of the survey and a reliance on opinions rather than hard data means that the results in relation to the costs of crime are based on perceptions within the country.

The perceived increase in the costs of crime to business can relate to a number of costs: including

· The cost of security;

· Lossess incurred as a result of crime, etc.

It should be noted that crime will impact different types of businesses in different

ways and that already significant gains have been made in the reduction of CIT

robberies, for example, though we currently are experiencing the displacement of

crime to other areas.

The unacceptably high rate of theft of non-ferrous metals, for example, hits our

parastals, as well as private companies. The theft of communication cables will

have costs to communities and businesses reliant on our communications

infrastructure. The disruption of rail services due to theft will have costs to

commuters trying to get to work and their employers. These are costs that are

not quantified, but which are of concern to Government, business, the ordinary

citizen and the investor alike.

We fully acknowledge that Government is ultimately responsible for the provision

of safety and security in the country. This is a mandate that we have wholly

embraced. It is for this reason that the Criminal Justice machinery is being

overhauled with the co-operation of the SAPS to ensure that law enforcement

and the Criminal Justice System's service delivery is improved for the benefit of

all.

It is also important, however, to indicate that crime levels are influenced by a

wide variety of factors, including environmental and socio-economic factors.

In fact, although South Africa ranked last among all countries in the Global

Competitiveness Report on the issue of crime and violence (Index 1.12), it

should be noted that in relation to the Executive Opinion Survey of 2008,

respondents were asked what where the five most problematic factors for doing

business in the country.

Respondents were requested to rank 1 as most problematic and 5 as least out of

15 identified factors, including factors against which hard data is available.

Responses weighted against their rankings revealed that business did not count

crime and theft in South Africa as the most problematic factor in the report. In

fact, the most problematic factor identified was an inadequately educated

workforce, with crime and theft ranking second and inadequate supply of

infrastructure ranking third.

The report also raised as a concern the health of the South African workforce as

a barrier to competitiveness (rank 129 out of 134). This combined with the

country's poor rate of university enrolment of only 15% (i.e., obtained a rank of

93 out of 134) has the potential to reverse the innovative gains that the country

has made in the global economy.

Bearing in mind these considerations, it becomes clear that all the organs of

State have a critical role to play in not only creating a safe and secure

environment, but in addressing the socio-economic conditions and factors that

assist to fuel crime and which detract from the country's competitiveness.

Civil society and business are important role-players in preventing and combating

crime and in creating a more enabling environment for the human and

aspirational development of all our citizens within the bounds of the law.

Yes, policing plays a critical role in reducing crime in the country, but it is not

through policing alone that we will achieve the type of society we wish to create.

The challenges are more complex than this, and a holistic response is required

from Government working in concert with the people, business and communities.

Nonetheless, policing plays an important role in crime reduction and prevention

and we continue on a path of improvement. The Department of Police has

already taken a zero-tolerance approach to any aspect of corruption within police

ranks with a view to improving the integrity of our police force and the law

enforcement agencies more generally. As we crack down on routing out the bad

apples among us, confidence in the SAPS and our law enforcement agencies will

improve markedly. Budget allocations have been made for us to improve and

integrate our electronic systems, augment police numbers and hone our forensic

capabilities. Implementation has already begun to improve performance.

Equally, we are confident that our strategy (see later) combined with the political

will of all the partners provides for the measures that will significantly reverse

crime levels in the country.

(3) The safety and security of all citizens is one of Government's top five priorities. Consequently, the issue of crime is receiving priority attention by all relevant Departments within the JCPS (Justice Crime Prevention and Security) cluster.

Actions undertaken by Government include the improvement of the Criminal Justice System, the improved capacity and functioning of the SAPS, focused attention on priority crimes (including crimes against women and children, Aggravated Robberies, Substance Abuse, serious and organised crimes, etc.)

In recognition of the pervasiveness of crime and the fact that Government and the SAPS cannot be at all places at all times, Government's strategy includes the mobilisation of partnerships with business and civil society as a core component of its holistic approach to address crime.

QUESTION 156:

Mr W P Doman (DA) to ask the Minister of Labour:

Whether a certain claim registered on 6 March 2003 under the Compensation for Occupational Injuries and Diseases Act, Act 130 of 1993, has been settled; if not, (a) why not ? (b) When is it anticipated to be settled; if so, what are the relevant details?

The Minister of Labour replied:

(a) Mr G.C. Lochner's claim number A0/D32981 for Post Traumatic Stress Disorder (PTSD) has not been settled as it was initially repudiated on 18 March 2003 on the grounds that the condition for which he received medical treatment was not as a result of the alleged incident.

Mr. Lochner lodged an objection to the Fund's decision but however, could not be heard by the Compensation Fund's tribunal as the objection was after the expiry of the 180 days within which he should have objected in terms of the COID Act and was informed per a letter dated 03 November 2006.

Having received new evidence from Mr. Lochner's representative in 2008, the Fund requested for medical progress reports from the employer on 06 May 2008, covering the period 21 August 2000 to 09 September 2002 when he was boarded. This information has not been received from the employer allegedly because the treating doctor has refused to provide such reports due to non payment for his services by the employer, South African Police Services (SAPS)

(b) The Fund has now accepted liability for the claim on the basis of the new evidence received but is still awaiting the psychiatric progress and final medical reports from the employee and the employer. On receipt of such medical reports, the Fund will be in a position to assess the employee's permanent disablement.

The Fund is currently communicating with the employee's representative to obtain this information and is anticipated that the claim will be finalised once this information is received.

QUESTION NUMBER 156

DATE OF PUBLICATION: 19 JUNE 2009

Mr P J Groenewald (FF Plus) to ask the Minister of Finance:

(1) Whether he has received the report on corruption in the Land Bank; if not, what is the position in this regard; if so, when will he publish the report;

(2) whether any criminal prosecution will be instituted as a result of this report; if not, why not; if so, (a) when, (b) against whom and (c) on what charges;

(3) whether he will make a statement on the matter? NW201E

Reply:

(1) The Land Bank has informed the Minister of Finance of the forensic investigations regarding alleged irregularities. The Land Bank's Board is in charge of the investigations and has appointed independent investigators.

(2) Due legal process will be followed. In instances where the investigations have been concluded the reports were hande over by the Land Bank to the relevant prosecuting authorities. In certain cases the independent investigators recommended further investigations. This has been undertaken and when concluded will be handed over to the relevant prosecuting authorities.

(3) If, upon conclusion of the investigations, the Minister determines that it would be in the public interest to make a statement, he might do so.

QUESTION No. 157

QUESTION NO: NO 156

PUBLISHED IN INTERNAL QUESTION PAPER NO: 19 OF 06 OCTOBER 2009

(1) What administrative constraints will be incurred by the ratification of the African Charter on Democracy, Elections and Governance?

REPLY:

There will be no administrative constrains as South Africa has already put in place institutions that will facilitate the implementation of the Charter, inter alia, the Independent Electoral Commission (IEC) and other Chapter Nine institutions as well as the Standing Committee on Public Accounts (SCOPA).

Dr P.W.A. Mulder (FF Plus) to ask the Minister of Defence and Military Veterans:

1. Whether all members of South African National Defence Force were withdrawn from border control, as planned, on 31 March 2009, if not (a) why not and (b) where does the SANDF still render this service?

2. Whether she also will make a statement on this matter?

REPLY

1. No, on 17 March 2009 the SANDF halted the withdrawal from borderline control duties. At present one company remains deployed in the Limpopo Province.

a. The continued deployment was in response to a request from the South African Police that the SANDF maintain a borderline presence until after Soccer World Cup 2010. Authorisation to do so until 31 March 2010 was provided vide Presidential Minute 549/2009 dated 29 April 2009.

b. The deployed company is based in Musina and deploys from there along the RSA/Zimbabwe border on either side of the Beitbridge border post from, Sand river in the East to 25 Km West of Beitbridge, a front of 55 Kilometres.

QUESTION 158

INTERNAL QUESTION PAPER [NO 3-2009]

DATE OF PUBLICATION: 19 JUNE 2009

158. Mr P J Groenewald (FF Plus) to ask the Minister of Rural Development and Land Reform:

(1) Whether the land audit to which his departments 2007-08 annual report refers also includes nonpublic land; if not, why not;

(2) whether any audit exists in which was determined (a) how much agricultural land there is, and (b) how much of this land is (i) commercial agricultural land, (ii) being used for subsistence farming and (iii) the property of (aa)(aaa) black, (bbb) white, (ccc) brown and (ddd) Indian owners and (bb)(aaa) black, (bbb) white, (ccc) brown and (ddd) Indian farmers; if not, on what basis is determined whether land-reform targets for establishing black farmers are being achieved; if so, what are the findings;

(3) whether he will make a statement on the matter? NW203E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) No. The purpose of the land audit referred to in the 2007-08 annual report was to verify state land information in order to establish an accurate and reliable immovable asset register for the Department of Rural Development and Land Reform.

(2)(a), (b)(i)-(iii)(aa)(aaa)-(ddd) and (bb)(aaa)-(ddd) No. According to an agricultural census conducted by Statistics South Africa during 1993, there are approximately 82 million hectares of white-owned agricultural land in South Africa. The 30% target of land redistribution which, is the mandate of the government, is derived from this figure.

(3) Not at the moment.

INTERNAL QUESTION PAPER [NO 3-2009]

DATE OF PUBLICATION: 19 JUNE 2009

158. Mr P J Groenewald (FF Plus) to ask the Minister of Rural Development and Land Reform:

(1) Whether the land audit to which his departments 2007-08 annual report refers also includes nonpublic land; if not, why not;

(2) whether any audit exists in which was determined (a) how much agricultural land there is, and (b) how much of this land is (i) commercial agricultural land, (ii) being used for subsistence farming and (iii) the property of (aa)(aaa) black, (bbb) white, (ccc) brown and (ddd) Indian owners and (bb)(aaa) black, (bbb) white, (ccc) brown and (ddd) Indian farmers; if not, on what basis is determined whether land-reform targets for establishing black farmers are being achieved; if so, what are the findings;

(3) whether he will make a statement on the matter? NW203E

THE MINISTER OF RURAL DEVELOPMENT AND LAND REFORM:

(1) No. The purpose of the land audit referred to in the 2007-08 annual report was to verify state land information in order to establish an accurate and reliable immovable asset register for the Department of Rural Development and Land Reform.

(2)(a), (b)(i)-(iii)(aa)(aaa)-(ddd) and (bb)(aaa)-(ddd) No. According to an agricultural census conducted by Statistics South Africa during 1993, there are approximately 82 million hectares of white-owned agricultural land in South Africa. The 30% target of land redistribution which, is the mandate of the government, is derived from this figure.

(3) Not at the moment.

QUESTION NO: 158

PUBLISHED IN INTERNAL QUESTION PAPER NO: 19 OF 06 OCTOBER 2009

Quote:

Mr KS Mubu (DA) to ask the Minister of International Relations and Cooperation:

(1) What steps her department is taking to (a) assist South African farmers in Zimbabwe whose farms have been taken over by ZANU-PF officials to recover their farms, (b) ensure that the farmers receive fair compensation for their lost properties and (c) ensure their personal safety and security and that of their families?

REPLY:

(1) (a) The Department of International Relations and Cooperation has through diplomatic channels engaged the Zimbabwean Government to intercede on behalf of the South African farmers. However, this engagement has been constrained by the absence of an investment protection mechanism between the two countries.

(b) The matter of compensation is negotiated between the affected farmer and the relevant Zimbabwean authorities. The applicable Zimbabwean law (Acquisition of Farm Equipment and Material Act (2004) provides that compensation is paid for improvements on land and equipment.

(c) In keeping with the provisions of international conventions and applicable South African legal instruments, the Department, on receipt of information that the life of a South African farmer is being threatened, engages through diplomatic channels with the relevant Zimbabwean authorities.

QUESTION 159

WRITTEN REPLY

DATE OF PUBLICATION: FRIDAY, 20 FEBRUARY 2009

INTERNAL QUESTION PAPER NO.: 3-2009

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

1. Whether the SA National Defence Force has purchased or is contemplating to purchase a ground-to-air missile system; if so, (a) what is the total anticipated cost of the system, (b) what are the anticipated operational costs over the next (i) 5, (ii) 10 and (iii) 15 years, (c) to what company or companies was the contract awarded, (d) what are the relevant details of the payment arrangements, (e) why was it necessary to purchase a ground-to-air missile system and (f) what are the other relevant details of this contract;

2. whether any other armaments manufacturers were considered;

3. whether they were given the opportunity to bid; if not, why not if so, what (a) are the relevant details and (b) were all the relevant procurement policies and procedures adhered to?

-------ooo0ooo------- NW176E

REPLY

1. (a)-(c) The required information talks to the strategic and tactical make-up of the South African National Defence Force [SANDF]. Supplying such information overtly, may compromise the operational capability of the SANDF. The information can be provided, though, under protected conditions.

(d) Yes. Payments are made in accordance with the agreed deliverables.

(e) The procurement of the system is based on the operational scenarios, and is envisioned to be an integral part of the new force design. This capacity will be able to address both the conventional and unconventional / asymmetric low level air threats.

(f) The required information talks to the strategic and tactical make up of the SANDF. Supplying such information overtly, may compromise the operational capability of the SANDF. The information can be provided, though, under protected conditions.

2. Yes. Other armaments manufactures were considered. It was an open tender process, which included local and international companies.

3. Yes. Bidders were given an opportunity to bid.

(a) The process was fair and all companies ha an opportunity to bid according to the tendering process.

(b) Yes. All relevant procurement policies and procedures were adhered to.

QUESTION: 159

QUESTION FOR WRITTEN REPLY ON 07 JULY 2009

159.Dr CP Mulder (FF Plus) to ask the Minister for the Public Service and Administration:

(1) How many first-language speakers for each of the eleven official languages are employed (a) in public service, (b) in each of the departments and (c) (i) at senior management level, (ii) at middle management level and (iii) at functionary level with (aa) more than five years ' service and (bb) less than five years service? NW204E

Answer:

The public service through the selection and appointment process captures information in terms of language proficiency and preferred language of communication. It is therefore not possible to disaggregate the information by first language spoken by public servants.

QUESTION NO 160

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 20 FEBRUARY 2009

(INTERNAL QUESTION PAPER NO 3/2009)

Date reply submitted: 12 March 2009

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

(1) Whether the SA Police Service concluded a contract for a radio communications network for the Eastern Cape; if so, what are the details of (a)(i) the companies that tendered for the contract and (ii) the company that won the tender and (b) what are the other relevant details;

(2) whether the tender was at any stage cancelled and then reinstated; if so, what were the reasons for the (a) cancellation and (b) reinstatement;

(3) whether technical experts on the SA Police Service radio communications network recommended that the tender be cancelled; if so, what are the relevant details;

(4) whether any concerns have been expressed about the technical standards of the procured product; if not, what is the position in this regard; if so, what are the relevant details;

(5) whether the company that won the tender (a) has any relations with a certain person (name and details furnished) and (b) is a subsidiary of a certain company; (details furnished); if so, what are the relevant details?

NW177E

REPLY:

(1) Yes, the South African Police Service (SAPS) has "awarded" (concluded) a contract on 12 December 2008, for a "radio communication network" for the Eastern Cape, subsequent to a bid invitation on 14 September 2008, in the Government Tender Bulletin No. 2502 (hereinafter referred to as the "Bid Invitation").

(1)(a)(i) The companies that submitted their respective bids in this regard (hereinafter referred to as the "Bidders"), were the following:

• Siemens (Pty) Ltd.

• RDL Technologies (Pty) Ltd.

• lntegcomm (Pty) Ltd.

• Plessey lkwezi Consortium.

• Altech Alcom Matomo (Pty) Ltd.

• Emcom Africa (Pty) Ltd.

(1)(a)(ii) The successful bidder (that scored the highest points in the bid evaluation phase), was Integcomm (Pty) Ltd.

(1)(b) The other relevant details concerning the successful bidder (ie ,

Integcomm (Pty) Ltd), is that the successful bidder is a consortium of companies, consisting of the following:

• lntegcomm (Pty) Ltd;

• European Aeronautic Defence and Space Company; and

• Saab Grintek.

(2) Yes, the Bid ("tender") was cancelled on 23 September 2008, by the Bid Adjudication Committee (hereinafter referred to as the "BAC") of the South African Police Service (SAPS). This cancellation of the Bid was advertised in the Government Tender Bulletin on 10 October 2008 . However, the cancellation of this Bid was subject to the approval of the Accounting Officer of the SAPS.

(2)(a) The Bid was cancelled because there were deviations in the Bid documentation (in respect of the requirements identified in the Bid Invitation) received from the Bidders.

(2)(b) The "reinstatement of the tender" (rescinding the cancellation of the Bid) was based on the following:

• URGENCY: It is essential that this bid be finalized, considering that it is essential that the network system is in place ahead of the forthcoming National Elections and the Confederation and 2010 Soccer World Cup tournaments.

• AVAILABILITY OF FUNDS: Funds have been reserved for this network system.

• BEST INTEREST: The activation and finalization of this Bid will be in the best interest of the SAPS.

(3) The radio technical experts forming part of the Bid Evaluation Committee (hereinafter referred to as the "BEC") did not recommend the cancellation of this Bid. The decision to cancel the Bid was made by the BAC.

(4) The BEC and BAC expressed concerns regarding the technical standard contained in the responses received from the bidders under evaluation. The BEC and BAC determined that the offered products did not differ significantly from the required standards, and were found to be substantially responsive to the Bid requirements.

(5)(a) It is not known whether the successful bidder (i.e., Integcomm (Pty) Ltd) has any informal or formal ties with National Commissioner JS Selebi. Similarly, it is unknown whether National Commissioner Selebi had met with personnel from the successful bidder (or its "parent companies") in the past, or whether any record exists to this effect.

(5)(b) The successful bidder ( i.e., Integcomm (Pty) Ltd) submitted its bid as a consortium of companies, consisting of lntegcomm (Pty) Ltd, European Aeronautic Defence and Space Company, and Saab Grintek. However, it is unknown whether Saab Grintek Technologies is a subsidiary of the Saab division that is building the Gripen fighter aircraft for the South African Air Force.

QUESTION NO 161

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6 OCTOBER 2009

(INTERNAL QUESTION PAPER NO 19 - 2009)

Date reply submitted : 15 October 2009

Mrs D A Schafer (DA) to ask the Minister of Police:

Whether any arrests have been made in terms of Section 71 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007, for trafficking in humans for sexual purposes; if not, why not; if so, (a) how many and (b) how many persons who were arrested were (i) prosecuted and (ii) convicted?

NO1873E

REPLY:

Period: 1 April 2008 to 31 March 2009

The figures that are readily available on the Crime Administration System (CAS) deal with cases of any given offence registered on the system and not with people arrested in connection with such cases. The code on the system dealing with trafficking in humans for sexual purposes covers three subsections of the Act as indicated below.

(a) Number of reported cases = 29

(b) (i) Referred to court = 19

(ii) Guilty = 5

The figures provided above include offences in terms of the following sections of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007:

Section 71(1): Trafficking in persons for sexual purposes

Section 71(2) : Involvement in trafficking in persons for sexual purposes

Section 71(3): Transportation by commercial carriers of a person for sexual purposes into or out of the Republic without travel documents required for lawful entry into or departure from the country.

The issue of Human Trafficking is a relatively complex issue and our current legislation does not sufficiently equip us to address cases of human trafficking. However the Department of Justice and Constitutional Development has proposed legislation to enable government to effectively address and prosecute cases of human trafficking. This legislation will be tabled in Parliament before the end of the year.

Question number 162

Date of publication: 19 June 2009

Dr P W A Mulder (FF Plus) to ask the Minister of Finance:

(1) Whether the government of Zimbabwe has approached his department regarding the decision by Zimbabwe to change their monetary unit to the rand; if so, (a) when and (b) what is the position in this regard;

(2) whether he has been informed of the decision by the government of Zimbabwe; if so,

(3) whether his department will be entering into talks with the government of Zimbabwe regarding this matter; if so, when;

(4) whether his department will be investigating whether this decision by the government of Zimbabwe will have a negative effect on the value of the rand; if not, why not; if so, when? NW207E

Reply:

(1) The National Treasury has not been formally approached by the Government of Zimbabwe on the decision to change their monetary unit to the rand.

(2) No.

(3) Not applicable, given my response in (1) and (2) above.

(4) No, my department will not be doing any investigation which is beyond normal economic research done by the treasury as a part of its routine work.

QUESTION NO 163

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 20 FEBRUARY 2009

(INTERNAL QUESTION PAPER NO 3.)

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

(1) With reference to her statement (details furnished) that 94% of the municipal water samples taken across the country each month are clean and safe to drink, where were the remaining 6% of the samples taken;

(2) whether steps are being taken to bring the 6% of drinking water that is not safe and clean to an acceptable level; if not, why not; if so, what are the relevant details? NW180E

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REPLY:

(1) The Department of Water Affairs and Forestry's Drinking Water Quality Regulation Programme has systems in place to record municipal performance on a monthly basis. On average about 94% of all samples recorded complied with the health parameters of the South African National Standard (SANS 241). I can report the failing 6% of the samples do not persistently occur in the same location but varies across the country. Such failures of singular occurrence could be accounted to incorrect sampling/analyses procedures and effective corrective measures are undertaken to prevent re-occurrence.

Over the last six months the following areas were reported as recurring failures: