Communications

2013-09-26

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Reply received: November 2013

QUESTION NO: 3160

DATE OF PUBLICATION: 15 November 2013

QUESTION PAPER NO: 38

DATE OF REPLY:

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

(2) whether any of these funds were earmarked for (a) capital or (b) infrastructure related projects; if so, (i) what are the names of these projects, (ii) where are these projects situated, (iii) what is the value of each project and (iv) how many jobs have been created by each project

(3) In each case, what process was followed to appoint project (a) implementers and (b) consultants;

(4) In each case, were funds transferred to project implementers (a) in a lump sum or (b) through progress payment;

(5) Whether any projects have been impeded due to maladministration or corruption; if so, (a) which projects have been affected and (b) what action has been taken in each case?

NW3718E

REPLY

The Dfirector-General informs me that the Department of Communications does not fall into the category of Departments that receive funds for the Expanded Public Works Programme. Accordingly, no funds were received during the years in question.

Reply received: December 2013

QUESTION NO: 3132

DATE OF PUBLICATION: 15 November 2013

QUESTION PAPER NO: 38

DATE OF REPLY:

Ms M R Shinn (DA) to ask the Minister of Communications:

Why is there a discrepancy between his reply to question 2634 on 5 November 2013 and page 143 of his department's 2012-13 Annual Report regarding (a) the number of employees who received bonuses and (b) the total cost of bonuses?

NW3690E

Reply:

The Department gave me those figures, obviously, and admits there was an internal error in reporting that 167 employees received bonuses to an amount of R2, 803 047.18. We apologise for the discrepancy and commit that going forward we will conduct quality reviews and checks.

(a) The correct number of employees who received bonuses for 2012/2013 is 153.

(b) The total amount paid on bonuses for 2012/2013 is R3, 574 million.

Reply received: December 2013

QUESTION NO: 3032

DATE OF PUBLICATION: 1 November 2013

QUESTION PAPER NO: 36

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

Whether, with reference to spectrum licences awarded to Government departments by the Independent Communications Authority of SA (ICASA), can he indicate (a) what monies are owed to the Regulator by each national and provincial department in the (i)(aa) 2010-11, (bb) 2011-12 and (cc) 2012-13 financial years and (ii) since 1 April 2013 and (b) how does he intend to ensure that the outstanding amounts are recovered from these departments?

NW3591E

REPLY:

I have been advised by ICASA as follows:-

(a) ICASA is owed the following amounts by the national and provincial departments:-

	31 March 2011	31 March 2012	31 March 2013
Government and Municipalities	20, 054, 163. 13	28,975,868. 50	211,201,030. 81

	March 2011	March 2012	March 2013
National Departments	14,265,105. 93	26,274,483. 50	209,900,256. 50
Provincial Departments	5,789,057. 20	2,754,339. 50	1,302,446. 81
	20,054,163. 13	29, 028, 823. 00	211,202,703. 31

See attached detailed summary: http://www.pmg.org.za/rnw3032a-131203

(b) The high value national licence holders are the South African National Defence Force (SANDF) and the South African Police Services (SAPS). The Chief Financial Officer has previously held meetings with National Treasury to discuss the outstanding amounts owed by the SANDF and SAPS with a hope that National Treasury will avail more funds to the licence holders. Developments emanating from these meetings have been as follows:

SAPS

· Paid in full in April 2013 for their 2012/13 licence fees.

· A purchase order for 2013/14 was submitted and payments will be effected before end of December 2013.

SANDF

· An amount of R6 million was paid in May 2013 towards the 2012/13 licence fees and the balance of R182 million is outstanding for the 2012/13 licence fees.

· The licensee has submitted a request to reduce their spectrum usage for 2013/14. The licensing department is processing the request.

Reply received: December 2013

QUESTION NO: 3038

DATE OF PUBLICATION: 8 November 2013

QUESTION PAPER NO: 37

DATE OF REPLY:

Mrs JD Kilian (Cope) to ask the Minister of Communications:

(1) Pursuant to the investigations conducted by the Special Investigating Unit (SIU) from 2010 to 2012 into serious financial irregularities in the administration of the SA Broadcasting Corporation (SABC), (a) which SABC (i) department and (ii) official is responsible for the follow-up action and subsequent disciplinary and/or criminal action and (b) has the SABC implemented a proper system to identify which SABC employees and Board members have financial interests in companies that render services to the SABC; if not, why not; if so, what are the relevant details in each case;

(2) Whether all those implicated in the investigations are being called to disciplinary hearings, regardless of their position or seniority;

(3) How many of the employees who were implicated by the Auditor-General in 2009 for not declaring their interests are currently still in the employ of the SABC;

(4) Whether regular reports about follow-up action are tabled for consideration by the (a) SABC and (b) his department; if not, why not; if so, what amounts have been recovered by the SABC through this process?

(5) Whether he has found that satisfactory progress has been made in this regard; if not, what intervention does he intend to make in this regard; if so, what are the relevant details?

NW3580E

REPLY

I am advised as follows:

(1)(a)(i) &(1)(a)(ii) The information that is asked is by its nature confidential and may not be disclosed. I request the Chairperson of the Portfolio Committee on Communications (PCC) to provide me with an opportunity to brief the PCC on the Special Investigating Unit report in a closed briefing.

(1)(b) Yes, for Board members, annual declarations are required in writing and this is managed by the Company secretariat. For employees, a system has been implemented for employees to declare electronically and the information is then compared to the SABC vendor database.

(2) See (1)(a)(i) &(1)(a)(ii) above.

(3) Approximately 300 employees are currently still employed. These employees were subjected to a formal disciplinary process in 2012.

(4)&(5) See (1)(a)(i) &(1)(a)(ii) above.

Reply received: December 2013

QUESTION NO: 2976

DATE OF PUBLICATION: 1 November 2013

QUESTION PAPER NO: 36

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) Whether, with reference to the need for the effective functioning of the Independent Communications Authority of South Africa (ICASA), can he indicate if he is aware that the council changed its organisational structure and assumed direct control of the operations of four core regulatory programmes in the entity;

(2) Whether that was within the current legislative mandate of the council; if not, (a) why was it implemented without considering the legal consequences of the decision and (b) did his department endorse the implementation;

(3) Whether counsellors will be held accountable for any legal consequences of this decision by the council; if not, why not;

(4) How does he intend to improve the council's understanding of their primary responsibilities and legislative mandate in future?

NW3523E

REPLY:

The organisational structure was there at the time of my appointment. O

(1) The legislation governing ICASA does not go into the necessary detail.

(a) When we met the Council of ICASA on 24 July 2013, we raised our concerns in this regard, in particular whether in its decision, the Council of ICASA had looked into the potential legal consequences of the changed organisational structure.

(b) The Department raised its concerns regarding the matter and the potential legal consequences that it might have.

(2) Yes, to the extent that they are culpable.

(3) In our engagement, the Council did explain that, this, was in their view a temporary arrangement to address specific issues of accountability and that it would be reviewed in the course of time. The matter will be addressed in the continuing engagement between the Department and the Council of ICASA, taking into account ICASA's independence. Clearly, parliament has a major role in this regard and is also presumably attending to this.

Reply received: November 2013

QUESTION NO: 2945

DATE OF PUBLICATION: 25 October 2013

QUESTION PAPER NO: 35

DATE OF REPLY:

Mr. P van Dalen (DA) to ask the Minister of Communications:

(1) How much has (a) his department and (b) each of the entities reporting to him spent on advertisements placed on the Africa News Network 7 (ANN7) news channel;

(2) Were these advertisements placed through the Government Information and Communications System?

NW3496E

REPLY:

(a) Nil.

(1) (b) Nil.

Not applicable.

Reply received: November 2013

QUESTION NO: 2912

DATE OF PUBLICATION: 25 October 2013

QUESTION PAPER NO: 35

DATE OF REPLY:

Mr K J Mileham (DA) to ask the Minister of Communications:

(1) What amount has (a) his department and (b) each of the entities reporting to him spent on advertising (i) in The New Age newspaper and (ii) on its website between 1 December 2012 and 31 August 2013;

(2) Were these advertisements placed through the Government Information and Communication System?

NW3463E

Reply

(1)(a)(i) The Department of Communications spent R 202 327, 20 on advertising in The New Age Newspaper for the period in question.

(1)(a)(ii) Nil

(1)(b) No funds were spent on advertising in The New Age Newspaper by any of the entities that report to me.

(2) No, advertisements were placed directly with the publication.

Reply received: November 2013

QUESTION NO: 2834

DATE OF PUBLICATION: 25 October 2013

QUESTION PAPER NO: 35

DATE OF REPLY:

Mrs. J D Kilian (Cope) to ask the Minister of Communications:

(1) What was the outcome of a departmental investigation into (a) a tender awarded to and (b) payments made to a certain company (name furnished) without verifying delivery against payment and (c) the role of a certain official (details furnished) in the allocation of a 100% subsidy to the company;

(2) Whether he intends taking any action against any person implicated in the irregular tender award; if not, why not; if so, what action;

(3)(a) why did the service provider not meet the deadline for the connection of the schools and access centres, (b) what action does his department intend to take in this regard and (c) how does his department intend to recover amounts overpaid to two certain companies (names furnished);

(4)Whether he intends to call for a forensic audit of the financial affairs of the Universal Service and Access Agency of South Africa (USAASA) and the Universal Service and Access Fund (USAF); if not, why not; if so, when;

(5)Whether he intends to disband the USAASA Board and appoint an administrator to run the affairs of the agency pending the outcome of the forensic investigation; if not, why not; if so, what are the relevant details?

NW3335E

REPLY:

The Honourable Member of Parliament is referred to the reply to question 2793.

Reply received: November 2013

QUESTION NO: 2823

DATE OF PUBLICATION:18 October 2013

QUESTION PAPER NO: 33

DATE OF REPLY:

MrI O Davidson (DA)to ask the Minister of Communications:

(1) What amount has (a) his department and (b) each of the entities reporting to him spent on advertisements placed on the SABC 24 hour news channel;

(2) Were these advertisements placed through the Government Communication and Information System?

NW3328E

REPLY:

(1) (a) Nil.

(b) Nil.

(2) Not applicable.

Reply received: November 2013

QUESTION NO: 2795

DATE OF PUBLICATION: 18 October 2013

QUESTION PAPER NO: 33

DATE OF REPLY:

Mrs. J D Kilian (Cope) to ask the Minister of Communications:

(1) With reference to the reply to question 54 on 14 June 2013, (a) when was the Gobodo Forensic Investigation commissioned and (b) what is the anticipated completion date of the forensic investigation;

(2) Whether he will table the findings of the investigation in Parliament within reasonable time; if not, why not?

NW3300E

Reply

(1) (a) The Gobodo investigation was commissioned at the end of June.

(b) The Interim Report has been completed.

(2) This will dependent upon legal guidance obtained.

Reply received: November 2013

QUESTION NO: 2793

DATE OF PUBLICATION: 18 October 2014

QUESTION PAPER NO: 33

DATE OF REPLY:

Mrs. J D Kilian (Cope) to ask the Minister of Communications:

(1) Whether his department conducted an investigation into the alleged irregular appointment of the Chief Executive Officer (CEO) of the Universal Service and Access Agency of South Africa (USAASA); if not, why not; if so, what (a) were the findings and (b) are the qualifications of the CEO;

(2) Whether these qualifications met the requirements as set out in the advertisement for the post; if not, what is the position in this regard; if so, what are the relevant details;

(3) Whether his department intends to investigate how the appointment was made; if not, why not; if so, what action will be taken against the Board on governance transgression?

NW3297E

Reply

(1) Yes, the Department of Communications mandated an investigation by a reputable company.

(a) The report was forwarded to the USAASA Board. They responded. The Department is conferring with the Chief State Lawyer's Office on how to proceed further. We will certainly take the matter further, but have to, obviously, respect the legal rights of the USAASA CEO.

(b) The matter of the qualifications of the CEO is part of the report on which legal guidance is being sought.

(2) This matter is addressed in the report.

(3) This question is subject to legal guidance.

Reply received: November 2013

QUESTION NO: 2770

DATE OF PUBLICATION:18 October 2013

QUESTION PAPER NO: 33

DATE OF REPLY:

Ms M R Shinn (DA)to ask the Minister of Communications:

Whether he has taken any steps to renegotiate the agreement between the SA Broadcasting Corporation and MultiChoice Pty Limited signed on 3 July 2013; if not, why not; if so, what (a) steps and (b) was the outcome of these steps?

NW3272E

REPLY:

Further consideration is being given to the agreement between the SABC and MultiChoice by the Joint Task Team (JTT) comprsing representatives of the the SABC, Department of Communications, the National Treasury and the Auditor General's Office.

Reply received: November 2013

Reply received: October 2013

QUESTION NO: 2769

DATE OF PUBLICATION: 18 October 2013

QUESTION PAPER NO: 33

DATE OF REPLY:

Ms M R Shinn (DA)to ask the Minister of Communications:

With reference to his reply to question 2440 on 7 October 2013, who are the feuding parties?

NW3271E

REPLY:

The feuding parties include Multichoice, e.tv, SABC TopTv and the Association of Community Television Broadcasters.

Reply received: November 2013

QUESTION NO: 2689

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) With reference to his reply to question 2166 on 17 September 2013, (a) what is the reason for the extended suspension period of the Chief Financial Officer (CFO) and (b) by when will the disciplinary processes be concluded;

(2) (a) what (i) was the position held by the other suspended SA Broadcasting Corporation (SABC) employee with whom the public broadcaster reached an out of court settlement and (ii) were the charges and (b) why were they withdrawn;

(3) (a) who are the three other employees who are currently on suspension, (b) by when will the disciplinary processes be concluded, (c) what does the SABC management regard as a reasonable time frame for the conclusion of disciplinary processes, (d) in how many instances were disciplinary processes concluded within the time frame (i) in the 2012-13 financial year and (ii) from 1 April 2013 up to the latest specified date for which information is available, (e) did the disciplinary processes exceed the set time frames and (f) why did the disciplinary processes exceed the set time frames;

(4) What is the SABC's policy with regard to (a)(i) acting appointments, in particular with regard to the position of CFO and (ii) the maximum period to serve in an acting capacity and (b) the appointment of a person from outside of the SABC in an acting;

(5) Whether an SABC employee who is appointed in an acting position should have the same qualifications and experience of an employee who is appointed in a permanent post; if not, why not; if so, what are the relevant details?

NW3182E

REPLY:

I have been advised by the SABC as follows:-

(1) (a) Following the suspension of the Chief Financial Officer (CFO), various delays resulted in the extended suspension period. This included the initial attorneys that were relieved of their brief and a new attorney's firm was appointed. Proceedings were also postponed on occasions due to unavailability of the CFO's legal representatives.

(b) The final disciplinary hearing date for leading of evidence was scheduled for 28 October 2013.

(2) (a)(i) Since April 2012, only one (1) matter was settled out of court with an employee who was on suspension. The employee concerned is the Chief Audit Executive.

(a)(ii) The charges against the Chief Audit Executive related to:

· Defiance of authority;

· Absence from the work place without permission;

· Working against the interest of the SABC; and

· Negligence in the execution of duties.

(b) It was withdrawn based on a legal opinion received from the SABC's counsel.

(3) (a) The CFO; Manager: Supply Chain, and Senior Buyer

(b) The disciplinary hearings pertaining to the above employees were scheduled to continue as follows:

· The CFO – 28 October 2013

· Manager: Supply Chain:- 24-25, 28-30 October and 1 November 2013

· Senior Buyer:- 15-18 October 2013

(c) The Labour Relations Act No. 66 of 1995 states that disciplinary action should be instituted timeously. Our interpretation is that a matter should be finalised within three (3) months, circumstances and work requirements permitting.

(d) (i) & (ii) This question cannot be accurately answered as the employee relations case management system is currently not of an adequate standard to provide concise information regarding delays in the disciplinary process.

(e) An estimated 50 percent of the reported disciplinary cases have exceeded time frames.

(f) Disciplinary cases vary in complexity and extent. Some of the reasons for delays include:

· The lack of dedicated panels dealing strictly with disciplinary hearings and line managers being expected to carry this function.

· In other instances, especially high level cases, the investigation phase, preparation of charge-sheets and the appointment process of legal teams by both South African Broadcasting Corporation (SABC) and the employee is extensive.

(4) (a) (i) Acting in a higher graded position will not create a legitimate expectation to be permanently appointed to, or to be entitled to any benefits associated with the position in question. After the defined period of acting in a higher grade, the individual concerned returns to his/her designated/substantive role/position. The vacant position should be subject to the standard advertisement and recruitment process. In the case of the Chief Financial Officer, the appointment of an acting CFO is vested with the Board.

(ii) An uninterrupted period of acting on a higher grade should generally not exceed three (3) months except in cases where circumstances necessitate this, for which the necessary approvals must be acquired. For senior and executive management it is acceptable and common practice to exceed three (3) months in order to maintain continuity and stability.

(b) The SABC's Delegation of Authority Framework (DAF) principles of sub delegation indicate as follows: "No sub-delegations of authority shall be permitted or be granted to any persons who are not employees of the Corporation, such as freelancers or independent contractors..."

(5) The person appointed in an acting capacity does not require the same qualification and experience of the employees appointed in the permanent position. However, The SABC's Delegation of Authority Framework (DAF) principles of sub delegation indicate as follows: "Prior to delegating any authority, the delegator must ensure that the delegate has sufficient knowledge of the Corporation's policies and procedures as well as any applicable statutory limitations or requirements, in order to ensure appropriate compliance."

Reply received: October 2013

QUESTION NO: 2684

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) With reference to his reply to question 1205 0n 5 August 2013, (a)(i) how many

cases are being investigated by the forensic unit of the South African Broadcasting

Corporation (SABC) and (ii) what are the amounts involved in each case and (b)

how many cases resulted in (i) disciplinary action, (ii) criminal procedures and (iii)

no action whatsoever;

(2) in the case of disciplinary procedures, what is the stated deadline for conclusion;

(3) (a) why has no action been instituted in respect of the specified cases and (b) when will the investigation be concluded in this regard;

(4) how many of the SABC employees who are currently being investigated by the

forensic unit have been identified in other reports, including the Special Investigating Unit report, the Auditor-General's report of 2009 and other similar investigations by audit firms;

(5) how does his department intend to resolve the matter of unethical conduct at the

SABC?

NW3176E

REPLY:

I have been advised by the SABC as follows:-

(1) (a)(i) For the fiscal period since 1 April 2013, the forensic unit has completed 16 investigations and a further 3 significant investigations are in progress.

(ii)

Completed Investigations	Rand Value
Case 1	R 186,900
Case 2	R 7,938
Case 3	Not applicable
Case 4	R 9,115
Case 5	R 6,120
Case 6	Not applicable
Case 7	R 105,000
Case 8	R78,000
Case 9	Not applicable
Case 10	R 211,384
Case 11	R 4,000
Case 12	R 250,000
Case 13	Not applicable
Case 14	R 1,155,480
Case 15	R 15,107
Case 16	R 1,100

Investigations underway	Rand Value
Case 1	R 287,030
Case 2	Extent being determined
Case 3	Extent being determined

(b)(i) 7

(ii) 2

(iii) 7

(2) There is no specific deadline reflected in the current Disciplinary Procedure & Code of Conduct. The Labour Relations Act states that disciplinary action should be instituted timeously.

(3) (a) Of the 16 completed cases, disciplinary action was recommended in 7 cases. In the remaining 9 cases, control improvements, recoveries and South African Police Service referrals were recommended.

From the 7 cases where disciplinary action was recommended:

· 2 employees resigned prior to the institution of disciplinary action.

· 1 disciplinary case abandoned, matter to be investigated further.

· 2 disciplinary action instituted, proceedings underway.

· 2 cases require management decision

(b) For the 3 investigations underway, no reliable completion date can be provided at this point in time.

(4) Nil.

(5) To resolve unethical conduct, the SABC takes swift disciplinary action with dismissal as a potential outcome. We have also introduced a Whistle Blowers Policy. Furthermore all employees have to declare their interests and ex-employees are subjected to a cooling off period of one year before they may conduct any business with the SABC.

Reply received: October 2013

QUESTION NO: 2683

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Mrs. J D Kilian (Cope) to ask the Minister of Communications:

With reference to the suspension and subsequent resignation of a certain person (details furnished), (a) how did the Independent Communications Authority of South Africa (ICASA) discover the misconduct and possible fraudulent activities of the specified person, (b) what did the investigation into the case reveal, (c) what amounts were involved in the case, (d) why did ICASA not report the matter in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004, (e) who will be held responsible for the non-compliance with the anti-corruption legislation and (f) when will the disciplinary process commence?

NW3175E

REPLY

I have been advised by the Independent Communications Authority of South Africa (ICASA) as follows:-

a) Internal Whistle blowing to the General Manager: Compliance, Risk and Audit;

b) Contravention of various ICASA policies and procedures

c) Over R 2 m

d) The matter has been reported to the Hawks in terms of the Prevention and Combating of Corrupt Activities Act, Act 12 of 2004 as reported by the Auditor-General

e) The General Manager: Compliance, Risk and Audit is responsible for anti-corruption within ICASA and complied with all relevant legislation in this matter as reported by the Auditor-General;

f) A disciplinary process commenced and was abandoned due to the employee resigning with immediate effect during the disciplinary process. This resignation was accepted by the Authority. However, I will engage with ICASA further to monitor progress on the Hawks investigation into the matter.

Reply received: October 2013

QUESTION NO: 2663

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Mr A C Steyn (DA) to ask the Minister of Communications:

(1) When will the digital content from the SA Broadcasting Corporation (SABC) be

available to flight on its 24-hour news channel;

(2) (a) where will the material be sourced and (b) at what cost will it be acquired;

(3) What is the total estimated annual cost to the SABC of (a) supplying content and (b) operating its 24-hour news channel;

(4) Whether the relevant funding has been approved by the National Treasury; if so, for how long has the funding been approved?

NW3152E

REPLY:

I have been advised by the SABC as follows:-

(1) The 24-hour news channel is already produced and broadcast in digital. Older, archive material originated in analogue is also being converted into a digital format.

(2) (a) material is produced internally and also sourced from various local and international news agencies.

(b) the cost of acquiring material is dependent on various factors such as news-worthiness, length, and foreign currency fluctuations.

(3) (a) The 24-hr news channel is not a separate operation from the rest of the SABC newsroom. As such, news material gathered in the normal cause of events, i.e. the material that is gathered for the traditional evening bulletins is now also used on the 24hr channel.

(b) The 24-hour news channel will have additional costs of a maximum of R70m for the first year, thereafter increasing by inflation.

(4) The 24-hour news channel is not funded from the national fiscus. National Treasury was informed of the contract in terms of Section 54(2)b of Public Finance Management Act (No.1 of 1999 as amended by Act 29 of 1999).

Reply received: November 2013

QUESTION NO: 2662

DATE OF PUBLICATION:11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

MrA C Steyn(DA)to ask the Minister of Communications:

(1) Whether the SA Broadcasting Corporation (SABC) consulted e-TV on its decision to abandon control for set-top boxes; if so, (a) when, (b) who formed part of this consultation and (c) did the parties agree to the abandonment;

(2) Whether his Department met with the Department of Trade and Industry (DTI) to discuss the impact the abandoning of set-top boxes will have on the DTI's plans to(a) grow the electronics sector and (b) award the manufacturing rights to localcompanies; if so, (i) when were the meetings held and (ii) what was the outcome ofthe meetings?

NW3151E

REPLY:

I have been advised by the SABC as follows:-

(1) The SABC has not consulted with e-TV.

(a) Not applicable

(b) Not applicable

(2) I report that no decision has been taken to abandon set top boxes. The Department of Communications has engaged with the Department of Trade and Industry on the set top box matter as we have to.

(a) Not applicable

(b) Not applicable

(i) Not applicable

(ii) Not applicable

Reply received: November 2013

QUESTION NO: 2661

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Ms M R Shinn (DA) to ask the Minister of Communications:

(1) Why did the South African Broadcasting Corporation (SABC) choose to give

MultiChoice (Pty) Ltd the right to approve whether the SABC (a) can broadcast (i) special and (ii) significant national events to broadcasters in Africa and (b) will acquire this right through the SABC News Channel on the MultiChoice platform;

(2) Whether a quorum of the interim SABC board approved the condition in the

agreement between the SABC and MultiChoice which was signed in July 2013 to dispense with access control conditions for set-top boxes; if so, (a) when, (b) which non-executive members were present at the meeting and (c) where can the minutes of the meeting be accessed;

(3) Did his department and the SABC agree to dispense with an access control system; if so, (a) when and (b) who made the decision?

NW3150E

REPLY:

I have been advised by the SABC as follows:-

(1) (a)(i)&(ii) The agreement does not require the SABC to seek the approval of MultiChoice in order to broadcast special and significant events of national importance in Africa. The agreement merely requires a consultative approach on issues of broadcast of such programmes on the Multichoice platform.

(b) This question cannot be answered due to ambiguity and vagueness. Please provide further details and/or re-phrase the question appropriately in order to respond accordingly.

(2) Approval to enter into a five year agreement with MultiChoice was granted at a Board meeting held on 23 July 2012. The meeting was attended by all non-executive Board members. Ministerial approval for the agreement was received on 18 September 2012 from the previous Minister.

The Interim Board approved the revised agreement with MultiChoice, subject to obtaining a Ministerial pronouncement on conditional access matters. A letter confirming the Department's stance was received from the former Minister of Communications, Ms Dina Pule on 19 June 2013.

(a) In a Board meeting held on 12 June 2013

(b) All non-executive members were present, except for one.

(c) The minutes of all meetings are safeguarded by the Company Secretariat and are not made available for public consumption.

(3) (a) 19 June 2013

(b) The former Minister of Communications, Ms Dina Pule

Reply received: November 2013

QUESTION NO: 2660

DATE OF PUBLICATION:11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

MrA C Steyn(DA)to ask the Minister of Communications:

(1) (a) What is the asset value of the South African Broadcasting Corporation's (SABC) archives and (b) what is the oldest viewable material stored therein;

(2) what authority did the Acting Chief Operating Officer of the SABC have to sign an agreement affecting the archives of the SABC?

NW3149E

REPLY:

I have been advised by the SABC as follows:-

(1)(a) The value of the fully depreciated SABC archive is recorded as nil in the financial statements. The value of the material in archive is only derived when it is exploited for sales purposes. To ascribe a Rand value would be inaccurate as the value determination should include, but not be limited to the following factors:

· Some genres are more valuable than others e.g. dramas.

· Platform of commercialisation i.e. linear TV mobile, internet, console, etc.

· Territory in which the content will be sold.

· Affordability in the various markets.

· Negotiations between the parties involved.

· Cost of conversion to saleable medium.

The SABC has over the years exploited the commercial value of the archive by selling (at agreed rates) newsreel material to news organisations. This is a fairly common practice globally e.g. the SABC might buy material from the BBC or CBS etc. At no time during these transactions are the copyrights or ownership of the material ever compromised.

(b) The SABC's self-produced material dates back to 1976 on film. There is some content that dates back from 1914-1918 when "African Mirror" started operating and recording events. This footage is still on 35mm films and must be digitised.

(2) The authority was provided to the Acting Chief Operations Officer by the Interim Board, in line with the Delegation of Authority Framework.

Reply received: November 2013

QUESTION NO: 2634

DATE OF PUBLICATION:11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Mr. J H Steenhuisen (DA) to ask the Minister of Communications:

(1) Whether with reference to his reply to question 104 on 5 August 2013, any

performance bonuses were paid to employees in his department in the 2012-13 financial year; if so, what is the total (a) number of employees that received bonuses and (b) amount paid out by his department for these bonuses;

(2) what percentage of outputs were achieved by his department as measured against each target set in its Annual Performance Plan in the 2012-13 financial year?

NW3122E

REPLY:

(1) Yes, performance bonuses were paid to employees from levels 1-12.

(a) One hundred and sixty seven (167) employees received cash bonuses

(b) R 2 803 047.18

(2) The Department achieved 54% of its planned targets in the 2012/13 financial year. It was decided that it would not be fair to disadvantage employees who are fulfiiling support functions. SMS members did not receive bonuses.

Reply received: October 2013

QUESTION NO: 2626

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Ms M R Shinn (DA)to ask the Minister of Communications:

Which financial allocations have been made and approved by the National Treasury to (a) commission or (b) buy new entertainment content to supply to the SA Broadcasting Corporation's (SABC) (i) new 24-hour news channel and (ii) three free channels for the next five years?

NW3114E

REPLY:

I have been advised by the SABC as follows:-

(i) 24 Hour News

(a) Nil

(b) Nil

(ii) Three free channels

(a) Nil

(b) Nil

QUESTION NO: 2626

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Ms M R Shinn (DA)to ask the Minister of Communications:

NW3114E

REPLY:

I have been advised by the SABC as follows:-

(i) 24 Hour News

(a) Nil

(b) Nil

(ii) Three free channels

(a) Nil

(b) Nil

Reply received: November 2013

QUESTION NO: 2568

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Mr. D. C. Ross (DA) to ask the Minister of Communications:

How much has (a) his department and (b) each of the entities reporting to him spent on promotional events organised by The New Age (TNA) newspaper between 1 September 2012 and 30 August 2013?

NW3055E

REPLY:

(a) The Department of Communications has not spent any money.

(b) I have been advised by the entities reporting to me as follows:-

1. Sentech

Sentech does not spend money on promotional events organised by TNA. However, for the requested period, Sentech officials attended a Breakfast Briefing and procured a table for R 7 800.

2. .ZADNA

.ZADNA did not spend any money.

3. National Electronic Media Institute of South Africa (NEMISA)

NEMISA did not spend any money.

4. Universal Service and Access Agency of South Africa (USAASA)

USAASA paid R 14 261, 40 for procuring a table for the USAASA Board and Executive Members attending the Minister of Communications Breakfast Briefings on 21 June 2013 and 27 September 2013. The cost for each table was R 7 130, 70.

5. South African Post Office (SAPO)

SAPO did not spend any money.

6. South African Broadcasting Corporation (SABC)

SABC did not spend any money.

7. Independent Communications Authority of South Africa (ICASA)

ICASA did not spend any money.

Reply received: October 2013

QUESTION NO: 2511

DATE OF PUBLICATION: 11 October 2013

QUESTION PAPER NO: 32

DATE OF REPLY:

Mr N L Kwankwa (UDM) to ask the Minister of Communications:

What steps has he taken to ensure that the SA Broadcasting Corporation (SABC) does not compromise its editorial independence during the period preceding the 2014 elections?

NW2998E

Reply:

This issue will no doubt come up in the months leading to the election. I have raised this with the SABC Board and will continue to do so.

The editorial independence of the SABC is governed by the Constitution of the Republic of South Africa and the Charter of Corporation as prescribed by section 6 of the Broadcasting Act, 1999. In broadcasting the elections, the SABC adheres to:-

· a code of conduct that is issued by the Independent Electoral Commission.

· The election regulations that are issued by ICASA.

· The SABC has its own internal election guidelines that are in accordance with its editorial policy.

Political parties and other stakeholders use the above as a yardstick to measure the SABC's election coverage.

Reply received: November 2013

QUESTION NO: 2489

DATE OF PUBLICATION: 20 September 2013

QUESTION PAPER NO: 31

DATE OF REPLY:

Mrs. J D Kilian (Cope) to ask the Minister of Communications:

(1) (a) How many Special Investigating Unit (SIU) reports on irregular financial

management practices at the SA Broadcasting Corporation (SABC) were compiled since May 2009, (b) on what date was each of these reports submitted to the SABC, (c) what was the total expenditure on these reports, (d) what amounts, if any, are still owed by the SABC with regard to these reports and (e) who is currently managing the implementation of the recommendations of these reports;

(2) Whether he intends to table each of the original SIU reports in the National

Assembly; if not, what is the position in this regard;

(3) (a)(i) What number of (a) SABC employees and/or (ii) former employees have been charged with irregular financial management practices and (b) what are the names of the (i) employees and (ii) managers implicated in the SIU reports who are still in the employ of the SABC;

(4) Whether any of the recommendations in the SIU reports were implemented; if so,

which recommendations (a) were implemented and (b) will be implemented

immediately by the SABC management and Board;

(5) whether he will take steps to ensure that the irregular financial management practices identified in the 2009 Report of the Auditor-General will be rooted out before the end of his term; if not, what is the position in this regard; if so, what are the relevant details?

NW2979E

REPLY:

(1) (a) Approximately 25 reports (including annexures) were compiled

(b) Final reports were delivered in May and June 2013

(d) Nil

(e) The reports were sent to Department of Communications as requested by the former Minister Dina Pule, for further action.

(2) A summary report prepared by SIU was presented to former Minister Pule as well as the President. We will seek further legal advice on how to proceed with this.

(3) Our legal advice is that the information that is asked is by its nature confidential and may not be disclosed. I request the Chairperson of the Portfolio Committee on Communications (PCC) to provide me with an opportunity to brief the PCC on the SIU report in a closed briefing.

(4) (a) The declarations of interest recommendations were implemented.

(b) Further implementation will be discussed with the new SABC Board once it has settled in.

(5) The eradication of irregular expenditure will be addressed through the Joint Task Team (JTT) that was appointed to monitor the SABC's financial performance, as well as the new SABC Board's more effective governance and the management's more effective role. A key objective of the JTT is to ensure that corporate governance structures are effective and are adhered to by all employees at the SABC.

Reply received: October 2013

QUESTION NO: 2488

DATE OF PUBLICATION: 20 September 2013

QUESTION PAPER NO: 30

DATE OF REPLY: 07 October 2013

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) Whether, with reference to his reply to question 2028 on 13 September 2013, the SA Broadcasting Corporation (SABC) choir has a fixed number of persons; if not, how does the SABC budget for expenditure of the choir; if so, how many persons are being recruited annually;

(2) What is the ratio between independent contractors and SABC employees in the choir?

NW2978E

Reply

(1) No, the choir does not have a fixed number of persons. The SABC budgets for a maximum of 25 independent contractors in the choir per fiscal period.

(2) Independent contractors 60 to permanent employees 40 – 60:40

Reply received: November 2013

QUESTION NO: 2487

DATE OF PUBLICATION: 20 September 2013

QUESTION PAPER NO: 31

DATE OF REPLY:

Mrs. J D Kilian (Cope) to ask the Minister of Communications:

(1) What was the total expenditure by the SA Broadcasting Corporation (SABC) on legal fees (a) for disciplinary cases instituted by the SABC against employees and (b) in defending the SABC in Commission for Conciliation, Mediation and Arbitration (CCMA) cases (i) in the (aa) 2011-12 and (bb) 2012-13 financial years and (ii) since 1 April 2013 respectively;

(2) (a) how many of the total number of CCMA cases did the SABC (i) win and (ii) lose and (b) what amounts were paid out to settle human resource (HR) disputes (aa) in the (aaa) 2011-12 and (bbb) 2012-13 financial years and (bb) since 1 April 2013;

(3) (a) did the SABC management appoint legal consultants (i) per case or (ii) for a fixed period and (b) on what legislation did the SABC management rely when it embarked on the specified practice;

(4) what (a) are the names and (b) total amounts were disbursed to each legal (i) firm and/or (ii) consultant that was appointed to represent the SABC (aa) in the (aaa) 2011-12 and (bbb) 2012-13 financial years and (bb) since 1 April 2013;

(5) how does (a) the SABC management intend to reverse the trend of costly HR disputes resulting in excessive legal expenditure and (b) his department intend to address the SABC's expenditure on legal and associated consultants?

NW2977E

REPLY:

I have been advised by the SABC as follows:-

(1) (a)(i)(aa) Nil

(a)(i)(bb) Nil

(a)(ii) Nil

(b)(i)(aa) R 6,750,333

(b)(i)(bb) R 10,101,261

(b)(ii) R 3,026,666

(2) (a)(i) 43 (2011 – September 2013)

(a)(ii) 3 (2011 – September 2013)

(b)(aaa) R 4,943,923

(b)(bbb) R 2,604,460

(bb) Nil

(3) (a)(i) Legal firms are appointed per case and are elected from a panel of firms on the procurement database.

(a)(ii) Not applicable.

(b) The appointment of legal firms to represent the SABC in labour disputes is not specifically legislated. It follows the SABC's normal procurement procedures, within the confines of the Public Finance Management Act (No. 1 of 1999 as amended by Act 29 of 1999) and Treasury regulations. The appointment also takes into consideration the complexity of the facts of each case.

(4) (a)

· Maserumule Incorporated

· Werksmans Incorporated

· Edward Nathan Sonnenberg

· Phungo Incorporated

· Routledge Modise Incorporated

· Ranamane Phungo Incorporated

· VFV Mseleku Attorneys

· Tokiso Dispute Settlement

· Mokhatla Attorneys

· Ningiza Horner Incorporated

· Legal Information Systems

· Bowman Gilfillan Incorporated

· SML Matsaung Attorneys

· Deneys Reitz Attorneys

(b)(i) Payments to individual attorneys/law firms will not be provided as this constitutes confidential commercial information.

(b)(ii) Nil

(aaa) 2011/12 total cost - R 6,471,300

(bbb) 2012/13 total cost - R 10,788,960

(bb) 2013/14 total cost to 20 September 2013 – R 3,016,751

(5) (a) By carrying out the following:

· Being consistent in dealing with disciplinary action;

· Proper interpretation of applicable Rules & Regulations;

· Proper application of the Delegation of Authority Framework;

· Conducting applicable awareness training of all employees and union shop stewards; and

· Keeping abreast of changing labour legislation and labour law principles.

(b) A Joint Task Team (JTT) comprising of officials from the Department of Communications, National Treasury, Auditor General's Office and the SABC is monitoring the financial performance of the SABC. The SABC's expenditure on legal and associated consultants is part of their responsibility.

Reply received: November 2013

QUESTION NO: 2442

DATE OF PUBLICATION: 20 September 2013

QUESTION PAPER NO: 31

DATE OF REPLY:

Ms M R Shinn (DA) to ask the Minister of Communications:

(1) (a) Which consulting services are being supplied to the SA Broadcasting Corporation (SABC) by private firms, (b) who are delivering these services and (c) what is the cost of each of these services;

(2) whether services are being delivered free of charge; if so, why;

(3) which of these firms have previously supplied services to the SABC?

NW2927E

REPLY:

I have been advised by the SABC as follows:-

(1) (a) The SABC makes use of various consulting services, this includes but is not limited to:

· Technical consulting services.

· Legal consulting services.

· Management consulting services.

· Audit / assurance consulting services.

(b) The services are rendered by various consulting firms that are procured in line with the SABC Procurement policy.

(c) For the financial year ended 31 March 2013, professional and consulting fees amounted to R 63,161m. This is made up as follows:

· Managerial Consulting fees R 19,838m

· Projects Consulting fees R 1,011m

· Technical Consulting fees R 29,196m

· Audit fees R 13,116m

(2) For the financial year ended 31 March 2013, no services were delivered free of charge.

(3) Not applicable.

Reply received: November 2013

QUESTION NO: 2441

DATE OF PUBLICATION:20 September 2013

QUESTION PAPER NO: 31

DATE OF REPLY:

Ms M R Shinn (DA) to ask the Minister of Communications:

(1) (a) What is the status of criminal prosecutions arising from investigations by the Special Investigations Unit on the recommendation of the Auditor-General following extensive probes into the SA Broadcasting Corporation (SABC) after 2008, (b) how many persons were (i) investigated and (ii) charged and (c) what is the status of each case;

(2) what amount was spent by the SABC since 1 January 2008 on (a) investigations, (b) audits by government (i) departments and (ii) entities and (c) independent private sector firms related to corruption and maladministration?

NW2926E

REPLY:

I have been advised by the SABC as follows:-

(1) (a) The criminal charges were made by the Special Investigations Unit (SIU). This information should be obtained directly from the Special Investigations Unit.

(b)(i) & (ii) & (c) The information that is asked is by its nature confidential and may not be disclosed. I request the Chairperson of the Portfolio Committee on Communications (PCC) to provide me with an opportunity to brief the PCC on the SIU report in a closed briefing.

(2) (a) R 19,6m (Special Investigations Unit)

(b)(i) Nil

(b)(ii) Nil

Reply received: October 2013

QUESTION NO: 2440

DATE OF PUBLICATION:20 September 2013

QUESTION PAPER NO: 31

DATE OF REPLY:

Ms M R Shinn (DA)to ask the Minister of Communications:

(a) What progress is being made with the review of the digital migration policy;

(b) what are the terms of the review;

(d) when will the draft of the specified policy be published for public comment?

NW2925E

REPLY:

(a) The former Minister of Communications pronounced in her Budget Vote Speech in May 2013 that:

"We have taken a decision to review the policy on the (Set Top Box) STB control system as one way of fast tracking the rollout of Digital Terrestrial Television (DTT) to make this system non-mandatory."

The Department of Communications has not changed the Broadcast Digital Migration policy. We have initiated a consultation process of broadcast stakeholders under a team of independent faciliators to seek consensus on the Set Top Box (STB) Control matter. We are hoping that this process will be completed shortly as time is fast running out.

(b) The faciliatation process is aimed at finding a measure of consensus among the feuding parties.

(d) The facilition process is still continuing. There is no new draft policy. This may be an outcome at the concludsion of the facilitated process.

Reply received: October 2013

QUESTION NO: 2365

DATE OF PUBLICATION: 13 September 2013

QUESTION PAPER NO: 30

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) Whether the suspended Chief Financial Officer (CFO) of the SA Broadcasting Service (SABC), Ms Gugu Duda, is still on the payroll of the SABC;

(2) whether the suspended CFO was formally charged in a disciplinary hearing; if so, what was the outcome of that hearing;

(3) what are the (a) minimum qualifications for this position and (b) qualifications of the suspended CFO;

(4) (a) what is the remuneration package (i) for such as executive position and (ii) of the Acting CFO and (b) when does the SABC Board intend to advertise and fill the CFO position;

(5) what amounts were paid out in the past financial year in terms of (a) total salary package and (b) other employee benefits in respect of the (i) suspended CFO and (ii) Acting CFO since his appointment?

NW2860E

REPLY

(1) Yes.

(2) Yes, the hearing is still ongoing.

(3) (a) Accounting/Financial Post Graduate degree or equivalent or Chartered Accountant (SA).

(b) Chartered Accountant (SA).

(4) (a)(i) R2,805m

(a)(ii) The acting CFO received a monthly acting allowance equal to 10% of his monthly basic salary.

(b) The position is currently filled by Ms Gugu Duda and cannot be advertised.

The position can only be advertised once it becomes vacant.

(5) (a)(i) Suspended CFO – Total salary package – R2,805m

(a)(ii) Suspended CFO – Other employee benefits R945,000 (included in total package above).

(b)(i) Acting CFO (7 months of 2012/13 fiscal year) – Total salary package – R871,000

(b)(ii) Acting CFO (7 months of 2012/13 fiscal year) – Other employee benefits R246,000 (included in total package above).

Reply received: October 2013

QUESTION NO: 2364

DATE OF PUBLICATION: 13 September 2013

QUESTION PAPER NO: 30

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(a) What (i) are the minimum qualifications for the position of the chief operating officer (COO) of the SA Broadcasting Corporation (SABC), (ii) are the qualifications of the former COO, (iii) is the remuneration package for such an executive position and (iv) is the cause of the delay in the appointment of a COO, (b) when will the position of COO be (i) advertised and (ii) filled, (c) what (i) is the remuneration package of the current acting COO and (ii) amounts were paid out in each financial year in terms of (aa) the total salary package and (bb) any other employee benefits to the (aaa) former COO and (bbb) acting COO in each year since his appointment?

NW2859E

Reply:

I have been advised by the SABC as follows:-

(a) (i) A relevant degree / diploma and / or appropriate qualifications

(ii) The former COO held a Master's Degree in Journalism

(iii) R2 805m for 2012/13 fiscal year

(iv) The cause of the delay in appointing a COO is due to legal action lodged by a former SABC Group Executive for the COO position.

(b) (i) The position was last advertised in February 2013.

(ii) The position will be filled as soon as the litigation matters in relation to filling the position are resolved.

(ii)(aa)(aaa) Former COO – Total salary package: R2 555m (for 9 months of 2006/07 until expiry of contract)

(ii)(bb)(aaa) Former COO – other employee benefits: R1 564m (included in total salary package above for 9 months of 2006/07 until expiry of contract)

(ii)(aa)(bbb) Acting COO – Total salary package: R748 425 for 5 months of 2011/12 fiscal year

- R 2. 82m for 12 months of the 2012/13 fiscal year.

(ii)(bb)(bbb) Acting COO – Other employee benefits:

-R 300 925 for the 5 months of 2011/12 fiscal year

-R 916 000 for 12 months of the 2012/13 fiscal year

Reply received: October 2013

QUESTION NO: 2298

DATE OF PUBLICATION: 13September 2013

QUESTION PAPER NO: 30

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) Whether the SA Broadcasting Corporation (SABC) is currently reviewing the news editorial policy and other policies referred to in section 6(5) of the Broadcasting Act, Act 4 of 1999; if so, what (a) are the reasons for the reviews and (b) public participation process will inform amendments to the specified policies;

(2) (a) what mandate did the Western Cape office of the SABC have to embark on a stakeholder engagement process on policy review and (b) why were not all political parties invited to participate in the said process;

(3) what (a) is the total cost of this exercise to date and (b) is the budget provision for a comprehensive SABC policy review process;

(4) whether the SABC will publicly clarify the position; if not, why not;

(5) whether appropriate action will be taken against persons responsible for the selective consultation process; if not, why not; if so, what are the relevant details?

NW2694E

REPLY:

I have been advised by the SABC as follows:-

(1) Yes.

(a) The SABC's Editorial Policies state that these policies should be reviewed every five (5) years.

(b) A stakeholder engagement process is underway. There will be public hearings in all provinces which will run from the beginning of October until the first week of December 2013. The public will also be able to make written submissions on the policies before any amendments are made. The revised policies will be released for public comment before final approval.

(2) (a) The Western Cape offices, as with all SABC Provincial offices, were requested to identify key stakeholders and invite them to briefing sessions on the Editorial Policies review. In addition, the Western Cape was also specifically requested to arrange a briefing session with representatives of political parties in Parliament.

(b) The political party session was specifically targeting parties in parliament, hence the decision not to invite those parties not represented in the National Assembly. The review process is still underway, and as highlighted above, there are various ways for the public, including political parties, to participate in the process.

(3) (a) R123,000 has been spent on the project to date.

(b) The full budget provision is R4,26m.

(4) It is not clear what position the SABC needs to clarify.

(5) The SABC is not aware of any transgressions regarding the consultation process, so there is no pending action in this regard.

Reply received: September 2013

QUESTION NO: 2291

DATE OF PUBLICATION: 13 September 2013

QUESTION PAPER NO: 30

DATE OF REPLY:

Ms. L.L van der Merwe (IFP) to ask the Minister of Communications:

1. When will the Independent Communications Authority of SA (ICASA) skills audit be finalised?

2. (a) What is the status of the persons employed in the ICASA finance department who were found not to have the requisite skills to be employed in that department?

(b) What criteria were used for their appointment, and

3. Whether he has found that systematic underfunding of ICASA has cause capacity and efficiency problems; if not, what is the position in this regard; if so, what intervention does he intend to initiate in this regards?

NW2464E

REPLY:

I have been advised by ICASA as follows:

(1) ICASA conducted a skills Audit in 2004, but it was aborted due to a lack of a change management process.

(2) (a)There were two employees who were redeployed to alternative positions within the Finance department. One is now responsible for administering of subsistence and travel allowance and filling. The other is a Departmental Secretary within Finance. A third has been absorbed at Type Approval. The other three employees have not yet been deployed into alternative positions.

(b) These employees were originally employed by Department of Post and Telecommunications and the IBA, which subsequently merged to form ICASA. The criterion used then is unknown.

(3) Inadequate funding has caused ICASA not to be able to attract top skills from the industry. This affects efficiency.

Interventions: ICASA submitted a proposal to the Department to self-fund in a manner similar to the other Regulators. We will engage with them on this though the structure we have set up comprising representatives of ICASA and the Department.

Reply received: September 2013

QUESTION NO: 2263

DATE OF PUBLICATION:23 August 2013

QUESTION PAPER NO: 16

DATE OF REPLY: 28 August

Mrs JD Kilian (Cope)to ask the Minister of Communications:

1) With reference to the ICT Indaba, held at the Cape Town International Conference Centre, in June 2012, (a) which processes were followed to select the events coordinating company and (b) what was the events coordinating company paid for their services;

(2) whether this process (a) conformed to National Treasury's regulations and (b) relied on the provisions of the Public Finance Management Act, Act 1 of 1999; if not, in each case, why not; if so, in each case, how;

(3) whether all sponsorships from mobile operators and other private companies in the ICT industry have been accounted for; if not, why not; if so, what are the relevant details;

(4) whether her department derived any profit from the event; if not, what was the total cost incurred by her department for hosting this event; if so, what direct benefits were derived for South Africans from her department for hosting this event?

NW2693E

REPLY:

(1) (a) According to the Department, the process of appointing and awarding the contract to Carol Bouwer Productions (CBP) was done in line with National Treasury Practice Note No 1 of 2008/2009 on unsolicited proposals. The specific applicable paragraphs are 2.1 and 2.2 (b).The Department only entered into a contract with CBP and not with any events coordinating company.

(2) (a) (b) No process was necessary regarding an events coordinating company because the Department did not appoint any.

(3) The Department did not receive any sponsorship money relating to the ICT Indaba and therefore there was no need to account for it. The Department only accounts for public funds appropriated by the National Treasury.

(4) The Department did not receive any profit relating to the event. The total cost incurred by the Department for hosting of the event was R10 million.

Reply received: September 2013

QUESTION NO: 2181

DATE OF PUBLICATION: 23 August 2013

QUESTION PAPER NO: 28

DATE OF REPLY:

Mrs. J D Kilian (Cope) to ask the Minister of Communications:

(1) How (a) many employees of the SA Broadcasting Corporation (SABC) were included in the team to cover the Confederations Cup tournament in Brazil from 15 to 30 June 2013 and (b) was this team comprised?

(2) Whether the SABC Board verified that the entire team remained in Brazil for the duration of the Confederations Cup tournament; if not, what is the position in this regard

(3) (a) what was the total cost (i) per person for (aa) accommodation, (bb) return air tickets and (cc) daily subsistence and travel allowances and (ii) to the SABC for the specified trip and event and (b) was the specified expenditure duly authorised prior to this trip;

(4) what (a) was the motivation for the expenditure in light of the fact that the national team did not participate and (b) direct benefits that were quantified did the SABC derive from the screening of the event in terms of advertising money paid to the SABC.

NW2589E

REPLY:

I have been advised by the SABC as follows:-

(1) (a) Seven (7)

(b) 2 x Camera Operator/Editor/Producers

3 x Reporter/ Researcher/ Scriptwriters

2 x Technicians

(2) This activity did not require Board approval and was approved at the GCEO's level, in line with the Delegation of Authority Framework. One of the key challenges experienced was the unrest in Brazil that lead to decision to bring one reporter back as he was unable to perform his duties.

(3) (a)(i)(aa) International accommodation R 36, 292

(bb) Return air tickets and travel within Brazil R 99, 103

(cc) Daily subsistence and travel allowances R 55, 020

(ii) Total cost to SABC R 1, 356 772

(b) The business plan was fully approved.

(4) (a) There were three key reasons for the broadcast of this event:-

· The broadcast of Events of National Interest.

· The opportunity to attract Audience.

· Commercial Viability.

In addition, the programming approach for the SABC was to follow the African Champions (Nigeria) as well as Brazil, being the host country and which is a member of BRICS. This was to mainly aggregate content in relation to the Confederations Cups because the Host Broadcaster did not supply any extra content. It was the imperative for the SABC to send two Electronic News Gathering (ENG) crews to be able to deliver this.

(b) Revenue for the Confederations Cup in Brazil amounted to R 8, 441 607.

Reply received: October 2013

QUESTION NO: 2179

DATE OF PUBLICATION: 23 August 2013

QUESTION PAPER NO: 28

DATE OF REPLY:

Ms L L van der Merwe (IFP) to ask the Minister of Communications:

(1) Whether he intends putting in place a skills audit in his department and the entities reporting to him to ensure that they have the requisite skills in all positions; if not, why not; if so, what are the relevant details;

(2) (a) what has been the average performance rating of (a) directors, (b) deputy directors and (c) senior managers in his department in the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years and (b) what is being done to improve this performance;

(3) whether he will ensure that the SA Broadcasting Corporation only appoints appropriately qualified, nonpartisan and experienced individuals in future; if not, why not; if so, what are the relevant details?

NW2460E

REPLY:

DoC

(1) The Department conducted a skills audit in 2012. The results of the skills audit will be used to ensure that the Department is better capacitated over time.

(2) (a) The average performance of Directors, Deputy Directors and senior managers in the Department has been around 50% for the past three financial years, mainly due to the complexities and delays associated with key projects that were set to be achieved in the strategic plan of the Department.

(b) The bursary scheme is currently being used to ensure that employees at all levels take up academic programmes that are relevant to their areas of work. At times employees are also sent on short programmes to enhance their skills.

(3) In respect of appointment of SABC Executive Directors, the Minister considers a short list of preferred candidates compiled and recommended to him by the non-executive directors. Article 11.1.2 of the SABC Articles of Association reads as follows, "the non-executive directors shall, after they have conducted interviews and compiled a short list of preferred candidates, recommend to the Member for his or her approval/rejection, the appointment of the preferred candidate to fill any position as the executive Directors of the Corporation".

I have been advised by the entities reporting to me as follows:-

A. SABC

(1) The SABC has undertaken a skills audit with an independent consulting firm. The results thereof are currently under consideration by the executive management and Board. The next phase will be to present a report at the Portfolio Committee on Communications on a date to be set.

B. SENTECH

(1) A skills audit has been undertaken by Sentech to identify the skills, and knowledge gaps. This audit is based on the competency framework which was developed to identify current and future competencies that are required for the organisation to achieve its corporate objectives. Leadership assessments have also been completed for leadership positions based on competencies identified for leadership development. The outcome of the skills audit exercise and leadership assessments will ensure that individualised personal development plans are developed and monitored for each employee in the organisation. A leadership development programme is also in the process of being finalised to address gaps and improve leadership effectiveness.

C. ICASA

(1) ICASA is undertaking a skills audit which involves:

· Reviewing the job profiles and job grading of all its employees. This will have an impact on remuneration.

· Implementing the dual career stream that will categorise general and specialist's streams.

D. NEMISA

(1) The Integrated Institute, National Electronic Media Institute of South Africa (NEMISA), Institute for Satellite and Software Applications (ISSA) and e-Skills Institute (e-SI), is in a position to appoint new staff with the appropriate skills.

E. SAPO

(1) The South Africa Post Office (SAPO) is currently undertaking a skills audit. Due to the lengthy timeframes involved in a skills audit, SAPO opted for a staggered approach in conducting the skills audit and has targeted specific business units, i.e. Retail, Mail Business and Postbank. These business units were selected due to the immediate impact of the requirements of the Financial Advisory and Intermediary Services Act (FAIS) to cater for the corporatisation of the Postbank. Furthermore, recruitment and selection ensures that all new appointments are vetted in terms of qualifications, criminal record and ITC, and this information is recorded on a database. The database also serves to provide a view regarding the skills that SAPO currently has and this will be matched against the requirements of the Corporate Strategy.

F. USAASA

(1) A skills Audit was conducted and finalised during October 2012 and a report is being considered by USAASA.

Reply received: September 2013

QUESTION NO: 2166

DATE OF PUBLICATION: 16 August 2013

QUESTION PAPER NO: 27

DATE OF REPLY:

Mrs J D Kilian (Cope) to ask the Minister of Communications:

(1) (a) What was the outcome of the skills audit of the SA Broadcasting Corporation (SABC), (b) which company was recruited to assist with the process, (c) how will the results be implemented and (d) what are the details of the adjustment of the organisational structure of the SABC to provide for fewer executive posts;

(2) Whether any vacancies for executive posts were advertised (a) in the print media and (b) on the radio; if not, why not; if so, (i) which media channels were utilised and (ii) what was the cost for (aa) such advertisements and (bb) the recruitment agency;

(3) Whether any appointments were made; if not, (a) when will the posts of (i) Head of News, (ii) the Chief Financial Officer (CFO) and (iii) the Chief Operating Officer (COO) be filled and (b) what (i) process will be followed to fill these posts and (ii) are the reasons for the delay in the filling of these posts to date; if so, (aa) which appointments were made and (bb) who are the newly appointed SABC executives;

(4) Whether any out of court settlement has been reached with the SABC employees who have been suspended pending disciplinary hearings; if not, what is the position in this regard; if so, what are the (a) costs implications and (b) further relevant details;

(5) What (a) amounts have been paid in terms of salaries for the suspended (i) Head of News, (ii) CFO and (iii) COO since the date of their suspensions and (b) are the breakdown of the monies paid to employees in acting capacities? NW2588E

Reply:

(1)(a) The first phase of the Skills Audit relating to full time employees has been completed and presented to Group Executive Committee and the Interim Board. The next phase will be to present the report at the Portfolio Committee on Communications on a date to be advised.

(b) Price Water house Coopers (PwC) was appointed to conduct the Skills Audit and Workforce Study.

(c) There are recommendations made by PwC and input from the Board which forms part of the phased implementation plan. The Human Capital Service Division has begun implementing some of the recommendations in the report.

(d) The report makes a proposal for an "Ideal Organisation Structure" which includes the review and benchmarking of executive and senior management levels for the future. The proposal is for this structure to be implemented in the next three (3) years.

(2)(a) Yes

(b) No, it is felt that Radio is not the appropriate medium for advertising executive positions

(i) The Sunday Times and City Press/Rapport

(ii) (aa) R197, 059 for advertisements

(bb) R1, 5 million fees to the recruitment Agency upon successful placement.

(3)(a)(i) Head of News- once the recruitment process has been concluded.

(ii) Chief Financial Officer - Not applicable. The position is currently filled, the incumbent is on suspension.

(iii) Chief Operating Officer- The position can only be filled once the litigation has been concluded.

(b)(i) The positions will be advertised and filled through the recruitment process.

(ii) Head of News – the recruitment process is underway, the position became vacant in June 2013.

CFO – not applicable

COO – the position cannot be filled due to ongoing litigation. However, negotiations are underway to end the impasse, and we are hopeful of a successful outcome reasonably soon.

(aa) and (bb) The following appointments were recently made

· Group Executive: Human Capital Services – Mr. J Mabaso;

· Group Executive: Risk – Mr. I Tseisi

· Head of Strategy - Mr. Z Mthembu (subsequently resigned)

· Head of Procurement – Mr. Shushu.

(4) During the 2013 and current fiscal year, out of court settlements for suspended employees were that of the Head of News and one other person.

(a) The remainder of the Head of News' contract was paid out on 31 May 2013 in the amount of R 2 398 925. Legal fees paid to date amounted to R 1 861 632 00, the other person's suspension was uplifted and charges were withdrawn. Legal fees paid in this regard amounted to R335 000.

(b) Currently the former Head of News has referred the matter to the SCA and the High Court and we are awaiting set down dates. There are three other employees on suspension, currently undergoing disciplinary action.

(5)(a)(i) Head of News - R 2 658 375 up to determination date, 31 May 2013.

(ii) CFO – R 2 483 680 up to end of July 2013.

(iii) COO – R 0.00 The position has been vacant since December 2006, no individual has been suspended.

(b)(i) Acting Head News - R 102 933

(ii) Acting CFO – R66 857

(iii) Acting COO has received R133 332

Reply received: October 2013

QUESTION NO: 2165

DATE OF PUBLICATION: 16 August 2013

QUESTION PAPER NO: 27

DATE OF REPLY:

Mrs J D Kilian (Cope):-to ask the Minister of Communications:

NW2587

1) Whether, with reference to the financial irregularities relating to the 2012 ICT Indaba held in Cape Town, he has obtained the report of the Joint Committee on Ethics and Members' Interests as published in the ATC of 7 August 2013; if not, why not; if so, when;

(2) (a) what steps does he intend to institute against those senior officials implicated in the cover-up of violations of Treasury regulations and the Public Finance Management Act, Act 1 of 1999, and (b) by when;

(3) whether he intends to (a) lay criminal charges against other persons implicated in the report by the committee and (b) recover monies from (i) Khemano, (ii) former Minister Ms Dina Pule, MP, and (iii) Mr Phosane Mngqibisa; if not, in each case, why not; if so, what are the relevant details in each case;

(4) whether he intends to institute a forensic audit to determine the extent of financial misconduct; if not, why not; if so, what are the relevant details;

(5) how does he intend to restore the relationship between his department and the ICT stakeholders who were requested to co-sponsor the ICT Indaba?

Reply

PQ2165

1. Yes, I received the report from Minister Lindiwe Sisulu a few days ago requesting me to ensure that representatives of the department implicated participate in the Public Service Commission Inquiry process.

2. (a) As I understand it, Parliament has now referred the report to the Public Servision Commission. We are awaiting the outcome of this report, and hope it will be finalised soon. Thereafter we will take further legal advice and decide on what action to take. If we do not strictly follow the course of the law, these matters end up in constant and costly and time-consuming wrangling in the courts which also delay final decisions being taken. If it is proven that DoC officials have committed any offences, of course action will be taken against them. (b) This depends mainly on how soon the Public Service Commission finalises its report.

3. a)I understand that the Report has been handed over to the SAPS and NPA for further investigation. They will indicate what action, if any, needs to be taken. b)The SAPS and NPA will indicate whether any monies need to be recovered. We will act on their recommendations. Furthermore, the Public Protector is about to finalise her report, and there may be recommendations in it that we would have to act on.

4. This depends on what emerges from the reports of the Public Service Commission, Public Protector, SAPS and NPA.

5. Once all the above processes have been finalised we will concult with the stakeholders concerned. In the 3 months I have been working with them they have been very cooperative, and there is no sign that their concerns about the 2012 Indaba have prevented them from coooperating fully with us and engaging in our varuious activities with enthusiasm.

Reply received: October 2013

QUESTION NO: 2125

DATE OF PUBLICATION: 16 August 2013

QUESTION PAPER NO: 27

DATE OF REPLY:

Adv L H Max (DA) asked the Minister of Communications:-

(1) Whether any staff member in his department (a) performed work in addition to the responsibilities related to his or her work, outside normal working hours, in the (i) 2008-09, (ii) 2009-10, (iii) 2010-11, (iv) 2011-12 and (v) 2012-13 financial years and (b) has been performing such work during the period 1 April 2013 up to the latest specified date for which information is available; if not, how is it determined whether such work is being performed or not; if so, in each case, (aa) how many staff members and (bb) in what job or work categories are the specified staff members employed;

(2) Whether approval for such work was obtained in each case; if not, what are the relevant details; if so, (a) what is the policy of his department in this regard, (b) by whom are such applications considered and approved, (c) how many contraventions of this policy were brought to the attention of his department in the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years and (d) what steps have been taken against transgressors?

NW2547E

REPLY:

(1)(a)(i) 2008-2009, (2) two staff members

(1)(a)(ii) 2009-2010, no staff member

(1)(a)(iii) 2010-2011, (1) one staff member

(1)(a)(iv) 2011-2012, (1) one staff member

(1)(a)(v) 2012-2013, no staff member

(1)(b) Yes.

(1)(b)(aa) (2) Two staff members performed such work during the period 1 April 2013 to date.

(1)(b)(bb) Both staff members work in the Administration branch, one is employed as a sign language interpreter and the other is in Supply Chain Management;

(2) Approval for the work performed in each case was obtained.

(2)(a) There is no specific departmental policy but the provisions of the public service regulations are applied.

(2(b) All applications were approved by the former Minister of the Department.

(2)(c) There were no reported contraventions brought to the attention of the Department in the period (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years.

(2)(d) Not applicable as there were no transgressors.

Reply received: September 2013

QUESTION NO: 2092
DATE OF PUBLICATION: 16 August 2013
QUESTION PAPER NO: 27
DATE OF REPLY:
Mr SB Farrow (DA) to ask the Minister of Communications:

(a) Does his department prepare quarterly interim financial statements and (b) are these statements considered by the Audit Committee?
NW2514E

REPLY:

(a) The Department prepares Interim Financial Statements.
(b) These statements are considered by the Audit Committee.

Reply received: September 2013

QUESTION NO: 2042
DATE OF PUBLICATION: 16 August 2013
QUESTION PAPER NO: 27
DATE OF REPLY:
Ms L L van der Merwe (IFP) to ask the Minister of Communications:

Whether the department will establish a task team to investigate the failure of the Independent Communications Authority of SA (Icasa) to systematically drive down telecommunication costs and create a landscape conducive to the thriving of diverse players; if not, why not; if so, what are the relevant details?
NW2458E
REPLY:

(1) A key responsibility of the Department of Communications is to provide policy directives to ICASA. The Department also monitors the performance of the Regulator.

(2) The DOC has developed a performance management tool to appraise the annual performance of the Regulator. This tool was approved by Cabinet and subsequently adopted to be the main instrument to measure the annual performance of the Regulator and contribute to the efficiency and effectiveness of the organisation. The performance assessment is done bi-annually to assist ICASA to improve on its performance.

(3) In 2010, ICASA finalised the Call Termination Regulations which were aimed at reducing the Mobile Termination Rate (MTR). These regulations to a large extent contributed to a reduction in retail, mobile and data costs in the last three years.

Before the call termination regulation the lowest mobile calls were between R2.89 and R2.40 per minute for some operators. In the third year of the implementation of the Call Termination Regulation the lowest mobile calls per minute are now ranging between 99 cents and R1.20.

(4) In cooperation with ICASA, the Department is now implementing a second phase of the Programme of Action on the Costs-to-Communicate which includes the following projects:

▪ Broadband Value Chain Analysis which is focused on reducing the cost of communication and improving the quality and variety of services by promoting competition and addressing market failure. Key to this will be identifying the various cost drivers across the broadband value chain and make relevant recommendations on addressing areas where markets seem to be ineffective.
▪ Policy Directive on Price Transparency which is aimed at issuing a policy directive to address complex telecommunications price packages so as to ensure that there is quality of service, affordability and access to ICT telecoms in the country.
▪ Data Portal on ICT Statistics which is focused on analysing the supply side of ICT statistics with the aim of updating the existing Data Portal on ICT Statistics with the latest ICT data so as to provide an indication of the state of the ICT sector in South Africa, including pricing and the general contribution of the ICT sector to the country's GDP.
▪ Economic modeling on the 2010 Call Termination Regulation, which is aimed at conducting an economic market modeling exercise to determine the exact effectiveness and impact of the 2010 Call Termination Regulation. This exercise will also determine the options available to further contribute to the reduction of the cost to communicate in South Africa.

(5) While the costs to communicate have come down, we believe they need to be reduced further and are currently engaging with the mobile operators and ICASA on this.

(6) While ICASA has capacity challenges and other constraints, it could do better. We are engaging with them on this. But at this stage there is no need to establish the Task Team proposed.

(7) ICASA also reports to Parliament annually on their performance. Parliament has a crucial role to play in oversight of the Regulator.

Reply received: September 2013

QUESTION NO: 2041

DATE OF PUBLICATION: 16 August 2013

QUESTION PAPER NO: 27

DATE OF REPLY:

Ms LL van der Merwe (IF) to ask the Minister of Communications:

Whether his department will establish a task team to deal with the (a) cause and (b) extent of the under collection of licence fees by the Independent Communications Authority of South Africa (ICASA) annually; if not, why not; if so, what are the relevant details?

NW2457E

REPLY:

Without undermining the independence of ICASA, we have set up a structure comprising representatives of ICASA and the Department of Communications to attend to various issues. We will engage with ICASA on whether we should include the matter of the collection of license fees as one of the issues that the structure should consider. Certainly, we think it should.

Reply received: September 2013

QUESTION NO: 2040

DATE OF PUBLICATION: 16 August 2013

QUESTION PAPER NO: 27

DATE OF REPLY:

Ms LL van der Merwe (IFP) to ask the Minister of Communications:

(1) Whether he has found that there has been an increase in the use of consultants over the past three financial years at the Independent Communications Authority of South Africa (ICASA); if so, what are the relevant details;

(2) Whether he has found that ICASA lacks the resources to attract and retain appropriately skilled persons and visionary talent; if so, what interventions will he implement in this regard; if not,

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

NW2456E

REPLY:

(1) Yes, there was a slight increase in the use of consultants over the past three financial years.

(2) At meetings held with ICASA on 24 July and 16 September, ICASA raised the issue of the lack of resources to attract and retain appropriate skills and experience.

(3) It is vital that there is a properly resourced and effective ICASA, and within budgetary and other constraints, we need to offer ICASA more assistance.

Reply received: September 2013

QUESTION NO: 2028
DATE OF PUBLICATION: 16 August 2013
QUESTION PAPER NO: 27
DATE OF REPLY:
Mrs. JD Kilian (COPE) to ask the Minister of Communications:

(a)What is the estimated (i) annual and (ii) monthly cost for the SA Broadcasting Corporate choir and (b) how are amounts calculated?

NW2381E
REPLY:

(a) (i) R 2 104 000 for the 2012/13 fiscal year that ended 31 March 2013.
(ii) For the 4 month since April 2013, the choir has cost an average of R286 000 per month.

(b) The bulk of costs relate to rehearsal costs. The only choir members paid are 25 freelancers that are paid R1000 per rehearsal and the average number of rehearsals is 10 per month. Choir members are not paid for any of the events at which they perform. The remainder of the costs relate to uniforms and transport costs.

Reply received: October 2013

QUESTION NO: 1905

DATE OF PUBLICATION: 2 August 2013

QUESTION PAPER NO: 24

DATE OF REPLY: 19 August 2013

Mr. T W Coetzee (DA) to ask the Minister of Communications:

What was the (a) make, (b) model, (c) year, (d) purpose, (e) date and/or dates, (f) financial cost and (g) sum total of kilometres driven in respect of each vehicle hired for use by (i) him and (ii) the Deputy Minister since 1 January 2012? NW2254E

REPLY

Q1905

(i) During the period in question I was the Deputy Minister of Cooperative Governance and Traditional Affairs.

a) Mostly, Hyundai, Nissan, Mitsubishi, Kia, Toyotaand Audi (thrice) Jeep (once) and Mercedes (once)

b) IX35, X-Trail, ASX, Sportage, FJ Cruiser, Q3, Cherokee, C Class

c) Undetermined

d) Mainly to perform official duties outside Gauteng and Western Cape and for constituency work in KwaZulu-Natal in cases where the official cars were not available. The Minister also uses his personal car in KwaZulu-Natal, and does not claim for miles on this.

e) From January 2012 until 03 July 2013.

f) R176 017,00

g) 21849 kilometres

(i) Deputy Minister:

a) Mercedes, BMW, Audi, Landrover, Jaguar, Kia

b) E300, C180, S-Class, ML, X5, X6, Q5, Q7, OVDI5, XF, Sportage

c) Undetermined

d) Mainly to perform official duties in the Eastern Cape and KwaZulu-Natal

e) From January 2012 to May 2013

f) R847 346,32

g) 47662

Reply received: September 2013

QUESTION NO: 1847
DATE OF PUBLICATION: 26 July 2013
QUESTION PAPER NO: 23
DATE OF REPLY:
Ms L L van der Merwe (IFP) to ask the Minister of Communications:

What amount did his department spend on the (a) gala dinner and (b) travelling expenses for entities and guests attending the gala dinner on the occasion of his department's 2013 Budget Vote debate?

NW2196E
REPLY:

a) The Department did not spend money on the gala dinner. Sponsorships were secured to meet the costs involved.

b) Travelling expenses of the officials from the Department and entities were covered from their respective budgets and no travelling expenses were incurred for guests.

Reply received: September 2013

QUESTION NO: 1820
DATE OF PUBLICATION: 26 July 2013
QUESTION PAPER NO: 23
DATE OF REPLY:
Mr. E.J. Marais (DA) to ask the Minister of Communications:

1) How many consultants has his department contracted and/or appointed (a) in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12 and (iv) 2012-13 financial years and (b) since 1 April 2013;

2) How many consultants contracted and/or appointed by his department (a) in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12 and (iv) 2012-13 financial years and (b) since 1 April 2013 are former officials of his department and/or former public servants?
NW2168E
REPLY:

(1)

2009/10	Thirteen (13) Consulting Firms were appointed
2010/11	Eleven (11) Consulting Firms were appointed
2011/12	Eighteen (18) Consulting Firms were appointed
2012/13	Eighteen (18) Consulting Firms were appointed
From 1 April to date	Three (3) Consultants have been appointed

None of the consultants contracted and/or appointed by the department (a) in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12 and (iv) 2012-13 financial years and (b) since 1 April 2013 are former officials of the department and/or former public servants.

Reply received: September 2013

QUESTION NO: 1787
DATE OF PUBLICATION: 26 July2013
QUESTION PAPER NO: 23
DATE OF REPLY:
Mr. M Mnqasela (DA) to ask the Minister of Communications:

What (a) buildings under the administration of (i) his department and (ii) entities reporting to him are national key points and (b) criteria were used to classify them as such?

NW2134
REPLY:

Department (Doc):

(a) (i) The Department does not have any buildings under their administration that is classified as a national key point.

(b) None.

Entities :

A) SENTECH

(a) (ii) Sentech has two national key points - Brixton Tower declared on 1' September 1981 and KU Band Building at Radiokop declared on 11 September 1995.

(b) These were classified through an application in terms of the National Key Point Act No. 102 of 1980 to the Department of Defence at the time.

B) SAPO

(a) (ii) The South African Post Office building situated at 7 Church Street, Pretoria has been designated a national key point.

(b) The building was established during a period when the Post Office was still the Post and Telecommunications Act under the previous regime prior to 1994. The building houses critical IT national infrastructure for the Post Office and for that reason it was designated a national key point.

C) ZADNA

(a) (ii) ZADNA has no building under its administration because it rents premises

(b) None

D) ICASA

(ii) lCASA does not have a building under its administration that requires to be classified as a National Key point.

(b) None

E) NEMISA

(a) (ii) NEMISA has no building under its administration that requires to be classified as a National Key point.

(b)None

F) SABC

(a) (ii) The table below contains the list of the SABC facilities that are classified as National Key Point installations:

INSTALLATION PROVINCE	ADDRESS
Auckland Park	Henley Avenue, Auckland Park, Gauteng
Bisho	Old Griffith Mxenge Building, Buffalo Road, King Williams Town
Free State/Northern Cape	Cnr Markgraaf and Keiner Street, Streets, Bloemfontein
Nelspruit	14^th Floor, Maritime House, Margaret Mncadi Avenue, Durban
North West	Alroe Park Building, Cnr Andrew and Dan Pienaar Streets, Nelspruit
Polokwane	Cnr James Moroka and Dr Albert Luthuli Drive, Mafikeng
Port Elizabeth	Cnr Landross Marais and Hospital Streets Polokwane
Tshwane	Conyngham Road, Parsonhill, Port Elizabeth
Western Cape	1059 Schoeman Street, Hatfield, Tshwane
	209 Beach Road, Sea Point, Cape Town, Western Cape

(b) The National Key Point Act states that "if it appears to the Minister of Police that any place or area is so important that its loss/damage disruption or immobilization may prejudice the Republic or wherever he considers it necessary or expedient for the safety of the Republic or in the public interest he may declare an area a National Key Point." As the SABC facilities are used to provide public information to the entire nation in the form of television and radio broadcasts across the provinces, these facilities have been declared as National Key Point in terms of the Act.

G) USAASA

(a) No buildings under USAASA have been classified as National Key Point.

(b) None

Reply received: September 2013

QUESTION NO: 1753
DATE OF PUBLICATION: 26 July 2013
QUESTION PAPER NO: 23
DATE OF REPLY:
Mr. T W Coetzee (DA) to ask the Minister of Communications:

What is the (a) make, (b) model, (c) year and (d) purchase price of each vehicle that was bought for official use by (i) him and (ii) the Deputy Minister since 1 January 2012?

NW2100E
REPLY:

(i) The Minister has retained his 2009 VW Touareg.

(ii) A vehicle was purchased for the Deputy Minister after the one she was using reached the mandatory 120 000 kilometres. It is a:

(a) Mercedes Benz
(b) ML 500
(c) 2013
(d) R930 636.50

Reply received: September 2013

QUESTION NO: 1699
DATE OF PUBLICATION: 26 August 2013
QUESTION PAPER NO: 23
DATE OF REPLY:
Ms M R Shinn (DA) to ask the Minister of Communications:

(1) How much in (a) legal fees and (b) any other fees did the case brought by the former Minister of Communications, Ms Dina Pule, against the Sunday Times at the Press Ombudsman cost his department;

(2) How much in (a) legal or (b) any other fees did his department spend on Parliament's Joint Ethics Committee investigation into the said person;

(3) How much in (a) legal or (b) any other fees did his department spend on each investigation by the Public Protector into the former Minister?

NW2046
Reply

(1)(2,) & (3) The total legal costs incurred thus far in respect of these matters amount to R1, 187 148. 82. Some legal costs are still payable but are unknown at this stage.

Reply received: October 2013

QUESTION NO: 1696

DATE OF PUBLICATION: 26 JULY 2013

QUESTION PAPER NO: 23

DATE OF REPLY:

Ms M R Shinn (DA) to ask the Minister of Communications:

(1) With reference to his reply to question 54 on 14 June 2013, (a) when will the forensic investigation into the Universal Service and Access Agency of South Africa (USAASA) be made public and (b) what are the findings of the investigation;

(2) (a) what action has been taken on the basis of the report, (b) against whom has action been taken and (c) what steps have been taken to prevent irregularities in the report from recurring;

(3) (a) when will the investigation into USAASA announced by the Deputy Minister on 15 July 2013 be completed, (b) what are the terms of reference of the investigation and (c) which government officials will be conducting the investigation;

(4) whether external investigators are being used; if not, why not; if so, which external investigators? NW2043E

REPLY

1. (a) It depends on legal advice. (b) At this stage there is only an interim report. There are recommendations on further investigations to be undertaken.

2. The interim report has been given to the Board. They will give their response shortly. The Department will decide on what course of action to take following the Board's response.

(a) This depends on what further investigations have to be done, but we want the matter to be finalised as soon as possible. (b) The terms of reference are based on the letter written by General Bantubonke Holomisa MP to the President regarding the need for an investigation. (c) None

(a)Yes. (b) A reputable and well-known firm.

Reply received: September 2013

QUESTION NO: 1660

DATE OF PUBLICATION: 21 June 2013

QUESTION PAPER NO: 22

DATE OF REPLY:

Mrs. JD Kilian (Cope) to ask the Minister of Communications:

(1)(a)What type of spectrum was allocated to Sentech by the Independent Communications Authority of South Africa (ICASA), (b) on what date was the spectrum allocation made and (c) for what was the spectrum that was allocated to Sentech used;

(2) Whether unused spectrum reverts to ICASA after some time; if not, why not;

(3) Whether Sentech has made full payment for all its allocated spectrum since the allocation was made; if not, why not;

(4) (a) what amounts in (i) spectrum and (ii) licence fees are outstanding and (b) for which financial years is the money owed in each case;

(5) How does her department intend to avoid a recurrence of underpayments to ICASA which result in an audit qualification based on incomplete spectrum and licence fee revenue collection?

NW2006E

REPLY:

(1) (a) Sentech was allocated Radio Frequency Spectrum for Satellite Land Mobile and Fixed Services.

(b) Radio Frequency Spectrum for Satellite, Land Mobile and Fixed Services were allocated before and after 1996.

(2)According to the ICASA regulatory framework governing Radio Frequency Spectrum Licensees do not automatically revert to ICASA if the allocated spectrum is not used. ICASA's new pricing policy encourages users to relinquish spectrum if not used. The licensees can approach ICASA prior the renewal of the Licenses (1 April each year) to seek revocation of their licenses.

(3)Sentech has made full payment for the allocated spectrum.

(4)(a) Spectrum license fees for Electronic Communications Related License Fees and Universal Service Access Fees (USAF) were paid in full.

(b) The Signal Distribution License fees owed to ICASA for the period 1996- March 2009 is R75 361 773, 20.

(5)As part of the clean audit campaign, he Authority has published new General Licence Fees Regulations in Gazette no. 36323, to remedy the problem of unclear regulations and standardized calculation of the annual license fee on 28 March 2013. With respect to any disputes arising from license fees queries, ICASA has put in place payment arrangements plans to recoup outstanding license fees.

Reply received: September 2013

QUESTION NO:1659
DATE OF PUBLICATION: 21 June 2013
QUESTION PAPER NO:22
DATE OF REPLY:
Mrs. JD Kilian (Cope) to ask the Minister of Communications:

(1) What spectrum fees were payable by Telkom to the Independent Communications Authority of South Africa (ICASA) in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years;

(2) Whether all fees were duly paid; if not, why not;

(3) whether Telkom paid the revised spectrum fees in the previous financial year in accordance with the new regulations; if not, (a) why not, (b) what amounts are outstanding and (c) how does Telkom's failure to pay its spectrum fees impact on ICASA's ability to collect revenue for transfer to National Treasury;

(4) How does she intend to solve this problem to avert future qualifications by the Auditor-General on the basis of ICASA's failure to collect outstanding licence and spectrum fees?

(5) Whether Telkom has made full use of its spectrum allocation; if not, why not; if so, what are the relevant details?

NW2005E
REPLY:

(1) The spectrum fees payable by Telkom to the Independent Communications Authority of South Africa (ICASA) in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years was R24m, R24m and R98m respectively

(2) All fees were duly paid by Telkom for the three financial years.

(3) (a) Telkom paid revised spectrum fees in the previous financial year in accordance with the new regulations.

(b) There was no amount outstanding.

(c) Telkom has maintained its payment for spectrum fees and as a result has not impacted on ICASA's ability to collect revenue for transfer to National Treasury.

(4) As part of the clean audit campaign, The Authority has published new General Licence Fees Regulations in Gazette no. 36323, to remedy the problem of unclear regulations and standardized calculation of the annual license fee on 28 March 2013.

(5) The Regulator at this stage would not know whether Telkom makes full use of its allocated spectrum. The regulator would require sophisticated equipment and monitoring sites to determine efficient and optimal use of spectrum by Telkom. For instance, Telkom has as many as 5000 point-to-point links in on frequency band; also, it would not be easy for the regulator to define what full use is in every case, as the traffic would vary according to Telkom's application.

Reply received: September 2013

IQP No 22, 21 June 2013

1593. Dr D T George (DA) to ask the Minister of Communications:

Why did neither she nor the director-general of her department attend the Committee on Public Accounts' hearing on 11 June 2013 on the annual report and financial statements of the Independent Communications Authority of South Africa (ICASA) for the 2011-12 financial years? NW1939E

REPLY:

The previous Minister had other commitments. The Director-General was uncertain about her situation. But it is agreed that it is important that the Minister and Director-General attends such hearings.

Reply received: September 2013

QUESTION NO 1522
MEMBER: MRS M R SHINN
Honorable Shinn to ask the Minister of Communications:

(1) Whether the former deputy chairperson of the South African Broadcasting Corporation (SABC) (name furnished) was empowered by a board resolution to withdraw a previous resolution to remove the acting chief operation officer (COO) from his position February 2013; if so when was the resolution to remove the acting COO from his position passed

(2) Whether the letter which was written by the previous SABC Board Chairperson, Mr Ben Ngubane appointing a certain person (name furnished) to the position of Acting COO has been found to be compliant with the policy of SABC; if so in what way;

(3) Whether the appointment was approved by the SABC Board; if so when?

The SABC has informed me as follows:

(1) The resolution could not be withdrawn without the Board's approval.

(2) This was compliant with the SABC Delegation of Authority Framework and the Articles of Association. The Board, subject to the approval of the Minister, appoints Executives in acting positions.

(3) At the Special Board meeting held on 18 November 2011.

Reply received: September 2013

QUESTION NO: 1520
MEMBER: MS M R SHINN
Honourable Shinn to ask the Minister of Communications

(1) Whether, with reference to her reply to question 409 on 3 June 2013, she formally accepted the resolution of the board of the SA Broadcasting Corporation (SABC) to remove the acting Chief Operations Officer from his executive position, if so, (a) how and (b) when; if not,

(2) Whether she formally rejected the resolution, if so a) how and b) when did she seek legal advice before communicating with Parliament; if so, a) who supplied the advice and b)what was the advice?

(3) did she seek legal advice before communicating with Parliament; if so, (a) who supplied the advice and (b) what was the advice?

REPLY

1) No, the previous Minister did not formally accept the resolution of the Board.
(a) N/A
(b) N/A

2) Yes
(a) By letter
(b) On 6th March 2013

3) Not certain, but the letter alludes to reading of the provisions of the Memorandum of Incorporation (MoI)

2013-09-26

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