Question & Replies No 476 to 500

2009-07-23

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

QUESTION NO. 474

INTERNAL QUESTION PAPER NO 6 of 2009

DATE OF PUBLICATION: 10 July 2009

Mr P J C Pretorius (DA) to ask the Minister of Water and Environmental Affairs:

Whether any sites have been identified for more marine aquaculture farms; if not, why not; if so, (a) how many sites, (b) where are they situated, (c) what products will be farmed in each case and (d) who will operate the farms?

NW535E

MR P J C PRETORIUS (DA)

SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

474. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(a) 4 sites have been identified in the feasibility study for more marine aquaculture farms.

(b) Saldanha Bay; Gansbaai; Hamburg and Umgababa.

(c) Abalone (Haliotis midae), Dusky Cob (Argyrosomus japonicus), Silver Cob (Argyrosomus inodorus), and Yellow Tail (Seriala lalandi).

(d) Still to be identified.

QUESTION NO. 476 INTERNAL QUESTION PAPER NO 6 of 2009

DATE OF PUBLICATION: 10 July 2009

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

What were the findings of the investigation of the Environmental Management Inspectorate into the operation of the manganese ore handling facility at the Port Elizabeth harbour?

NW537E

MS A.T. LOVEMORE (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

476. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

In light of the information obtained during and since the compliance inspection undertaken by Environmental Management Inspectors at Port Elizabeth Harbour on 3 October 2008, and having reviewed the air, dust and groundwater monitoring results, the Department had reasonable grounds to believe that pollution of surface water, groundwater, soil and the marine environment had occurred and was still occurring as a result of the manganese terminal. In addition, and in light of information gathered during and subsequent to the inspection, my Department was also of the opinion that the mitigating measures to manage the dust impact as well as the storm water management system in place at the Manganese ore dump at the time was not sufficient.

In light of the above, it was my Department's opinion that Transnet breached the duty of care provided for in terms of Section 28(1) of the National Environmental Management Act, 1998 (hereinafter referred to as "NEMA") and failed to take reasonable measures to address these issues as required. This duty of care obliges every person who causes, has caused or may cause significant environmental pollution or degradation to take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such degradation. Section 31A(1) of the Environment Conservation Act, 1989 (hereinafter referred to as "ECA") provides that directives may be issued under circumstances where a person performs any activity or fails to perform any activity as a result of which the environment is or may be seriously damaged, endangered or detrimentally affected.

My Department therefore issued Transnet Port Terminals with a pre-directive (in line with the requirements of administrative justice) in terms of Section 28 of the NEMA, as well as Section 31A(1) of the ECA. This pre-directive instructed Transnet Port Terminals to provide reasons why a directive should not be issued requiring Transnet Port Terminals to undertake certain measures to manage the impacts of the manganese terminal. My Department has recently received the requested representations from Transnet Port Terminals and is in the process of scrutinizing the information contained therein, in order to determine whether or not a final directive should be issued.

QUESTION NO. 477 INTERNAL QUESTION PAPER NO 6 of 2009

DATE OF PUBLICATION: 10 July 2009

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

Whether, her department has required the oil tank farm at the Port Elizabeth harbour in terms of section 28 of the National Environmental Management Act, Act 107 of 1998, to take any measures to rectify and/or prevent water and land pollution; if not, why not; if so, (a) what are the details of her department's requirements and (b) what action will be taken by her department in the event of non-compliance with the requirements?

NW538E

MS A.T. LOVEMORE (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

477. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

After reviewing the information gathered during and subsequent to the compliance inspection undertaken by Environmental Management Inspectors at Port Elizabeth Harbour on 3 October 2008, my Department had reasonable grounds to believe that potential pollution of surface water, groundwater, soil and the marine environment had occurred and is still occurring as a result of the tank farm.

In light of the above, my Department determined that various tenants at the tank farm, if not all, are responsible for the environmental degradation currently occurring at the PE Harbour and that these tenants have breached the duty of care provided for in terms of Section 28(1) of the National Environmental Management Act, 1998 (hereinafter referred to as "NEMA") and failed to take reasonable measures to address these issues as required. This duty of care obliges every person who causes, has caused or may cause significant environmental pollution or degradation to take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring or, in so far as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such degradation. Section 31A(1) of the Environment Conservation Act, 1989 (hereinafter referred to as "ECA") provides that directives may be issued under circumstances where a person performs any activity or fails to perform any activity as a result of which the environment is or may be seriously damaged, endangered or detrimentally affected.

Subsequent to the above, my Department issued Shell SA (Pty) Ltd with a pre-directive in terms of Section 28 of the NEMA, as well as Section 31A(1) of the ECA, as Shell is responsible for the management of the tank farm and for pollution and clean-up operations associated therewith. This pre-directive instructed Shell to provide reasons why a directive should not be issued requiring Shell to undertake certain measures to manage the impacts of the tank farm. My Department has recently received the requested representations from Shell and is in the process of scrutinizing the information contained therein, in order to determine whether or not a final directive should be issued.

a) Should a decision be made that a final directive should be issued, the directive would refer to both short and long-term steps and measures to clean up / recover and mitigate the impacts of the contamination in the harbour waters as well as to require further investigation, evaluation and assessment of the impacts of the tank farm on the surrounding environment (including the watercourse and marine environment, as well as on any surface water, groundwater and soil).

b) As stated above, the pre-directive afforded Shell an opportunity to make representations as to why my Department should not issue it with a final directive, which is in line with the requirements for administrative justice. My Department has recently received said representations, as well as additional information and an informed decision will be made as to whether or not to issue such a directive in order to ensure that the parties implement the measures and instructions within specific timeframes. At this stage, it is therefore premature to inform you on what steps my Department will take.

QUESTION NUMBER 478

DATE OF PUBLICATION: 10 JULY 2009

Dr D T George (DA) to ask the Minister of Finance:

How many (a) banks and (b) non-banks are using the NAEDO system (Non-authenticated Early Debit Order System)? N539E

Reply:

The National Payment System Department of the South African Reserve Bank has advised the National Treasury that as at 13 July 2009 the NAEDO system is used by:

(a) 11 banks and

(b) 332 non-bank entities.

QUESTION NUMBER 479

DATE OF PUBLICATION: 10 JULY 2009

Dr D T George (DA) to ask the Minister of Finance:

(1) Whether he or the National Treasury gave government departments instructions on required expenditure reductions with regard to the process of determining adjustments to estimates of national expenditure for 2009/10; if so, what are the relevant details; if not,

(2) whether he will issue such instructions; if not, why not; if so, what are the relevant details? NW540E

Reply:

(1) In terms of the Treasury Guidelines for the Preparation of Expenditure Estimates for the 2009 Medium Term Expenditure Framework, departments and agencies were expected to examine their baselines before submitting their 2009 MTEF budgets. The aim is to identify areas where the rescheduling of activities would be appropriate, where efficiency savings and cost reductions could be identified, as well as to identify areas where funds could be reprioritised from low priority to higher priority areas. In January 2009, the National Treasury issued instructions to departments to effect expenditure cuts amounting to R19 billion.

The National Treasury will issue guidelines for the preparation of the Adjusted Estimates of National Expenditure 2009 to National Departments by the end of July 2009. In terms of these guidelines, departments will be asked to declare any savings that they have identified in the 2009/10 financial year. The appropriation to departments that identify such savings will then be reduced accordingly. The National Treasury has also issued cost containment guidelines. These guidelines aim to provide departments that are undergoing organisational development change with guidance on how to minimise the associated costs.

Guidelines issued by the National Treasury can be found on the National Treasury website at: www.treasury.gov.za/publications/guidelines.

QUESTION NO 483

DATE REPLY SUBMITTED: THURSDAY, 15 OCTOBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 10 JULY 2009 (INTERNAL QUESTION PAPER NO 6 – 2009)

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

(1) Whether a certain company (name furnished) was appointed by the Road Traffic Management Corporation (RTMC) to undertake a clean up operation on the RTMC's financial records; if not, what is the position in this regard; if so, (a) what were their terms of reference, (b) what was the cost of this operation and (c) why was this operation necessary;

(2) whether any recommendations were made as a result of this operation; if not, why not; if so, what are the relevant details;

(3) whether the tender was approved by the RTMC's Board of Directors; if not; what is the position in this regard; if so, what are the relevant details?

NW545E

REPLY:

The Minister of Transport:

(1) Yes. The Chief Executive Officer of the Road Traffic Management Corporation (RTMC) has advised that Deloitte was appointed by the RTMC subsequent to the internal auditor's analysis based on the control environment, which were both inadequate and ineffective; further to that, the risk profile and the Finance Department's capacity to mitigate the identified risks.

(a) The terms of reference include two (2) phases, i.e.:-

Phase 1 – Immediate needs

To validate and analyse the reliability of current data as presented in the general ledger; prepare correcting journal entries; and vouch high value transactions to supporting documentation to ensure correct allocations.

The immediate needs include:-

· The processing of new data.

· Accounting clean-up.

· Audit readiness preparation.

· Addressing the Auditor-General (AG) report items.

· Review of management accounts.

· Preparation of budgets.

· Preparation of Annual Financial Statements.

Phase 2 – Short term needs

Reporting

Phase 2 reporting entails the consolidation and finalisation of the process commenced in Phase 1:-

· Policies and procedures design and implementation.

(b) The cost of the exercise is R8,074,034.26.

(2) No, the team commenced with its work on 13 February 2009, and has submitted a progress report. The progress report will be followed by a detailed recommendation.

(3) No, the RTMC's Board of Directors did not approve the tender, as this particular project for interventions was approved in accordance with the RTMC's delegations and reported accordingly to the Audit Committee, as well as the Board.

QUESTION 486

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 10/07/09

(INTERNAL QUESTION PAPER 06-2009)

Mr D Smiles to ask the Minister of Basic Education:

(1.)Whether her department has conducted a diagnostic study of the Grade R sector across the provinces; if not, why not; if so, (a) what methodology was applied, (b) when will the findings and recommendations be released, (c) who conducted the study and (d) what was the cost;

(2) Whether all provinces participated in the study; if not, (a) which provinces did not participate and (b) what corrective measures were taken to make up for their non participation;

NW548E

REPLY:

(1) Yes

1 (a) A team of researchers and Technical Assistants (TA's) used the following methodology:

· Literature review – national legislation, policy, plans, enabling documentation etc, as well as provincial plans and reports

· National Interviews: Department of Education and stakeholders

· Provincial interviews and site visits: Provincial, district and school management and staff engaged in Grade R as well as teachers/practitioners and other stakeholders

· Focus groups/workshops in some provinces, and several national engagements, one involving provincial ECD managers

1(b)

The findings and recommendations of the reports were discussed with senior officials from the provinces at a meeting convened by the Department on the 28^th and 29^th July 2009. These have now been forwarded to the Minister for her consideration and advise.

1(c)

The Department of Education requested the Technical Assistance Unit of the National Treasury to contract the services of the Centre for Education Policy Development (CEPD) to conduct the diagnostic study.

1(d)

i. Professional fees R1 322 304.00

ii. Disbursement costs R 186 928.00

iii. Vat @14% R 185 122.56

Total costs R1 694 354.56

(2) All provinces participated in the study

QUESTION 488

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 10/07/09

(INTERNAL QUESTION PAPER 06-2009)

Mr D Smiles to ask the Minister of Basic Education:

(1) How many (a) students qualified as teachers and (b) newly-qualified teachers took up posts in schools in each of the past three academic years;

(2) how many grade 1 teachers are currently not qualified;

(3) how many (a) applications for admission to teacher training colleges were approved in each of the past three academic years and (b) of these applications were for the (i) mathematics, (ii) science, (iii) accounting and (iv) English language disciplines?

NW550E

REPLY:

1 (a) Total number of graduations of new teachers over the preceding four years for which data is available are shown in Table1 below.

Table 1: Number of new graduates entering teaching 2005 - 2008

Programme	2005	2006	2007	2008
B Ed	3590	4027	4112	3669
PGCE	1171	2049	1951	1942
Total Graduations	4761	6076	6063	5611

Source: Higher Education Information Management System (HEMIS

Note: Data for 2008 is preliminary, as final audited data for 2008 will only become available at the end of July 2009.

1 (b) 378 969 educators were employed in public schools either on a temporary or permanent basis as at the end of May 2009. Permanently employed educators constituted the majority (340 647). The number employed on a temporary basis stood at 38 322. Of this total, exactly 29 809 were appointed within the current year, with 25 775 appointed on a temporary basis and 4 034 on a permanent basis. The provincial breakdowns of 2009 appointments are shown in Table 2 below

Table 2: Number of educators appointed in 2009, either temporarily or on a permanent basis, per province

	*2009 APPOINTMENTS*
*Province*	*Temporary*	*Permanent*	*Total*
Eastern Cape	2 459	663	3 122
Free State	1 757	150	1 907
Gauteng	3 326	1 488	4 814
Kwazulu Natal	7 254	450	7 704
Limpopo Province	3 345	190	3 535
Mpumalanga	669	34	703
North West	1 819	50	1 869
Northern Cape	1 209	221	1 430
Western Cape	3 937	788	4 725
*TOTAL*	*25 775*	*4 034*	*29 809*
Source: PERSAL 200905

(2) Currently it is not possible to accurately provide this information on all Grade 1 teachers. PERSAL is able to provide us with the REQV classification of teachers employed within public schools, but we are not able to filter out the Grade R educators at this stage. EMIS forms, which are self reported, could be used to identify teachers teaching Grade 1 classes, however, they do not have accurate information about qualifications. The DoE is currently working on developing fields for the PERSAL system that would enable the drawing of reports on teachers' qualification type, teaching specializations and experience. Once the system has been developed we will be in a position to draw accurate reports on teacher qualifications in relation to specific grades and subject taught.

While we cannot provide accurate data with respect to Grade 1 teachers, recent research into teacher qualifications carried out by the HSRC for the Department of Education does give some insight into the qualifications of foundation phase teachers in a statistically significant sample of schools nationally. 7380 serving teachers in 580 public schools took past in the survey. There were 1424 Foundation Phase teachers in the sample, and of these 93% were professionally qualified.

3 (a) The first time registrations into teaching at Higher Education Institutions over the last four academic years are shown in Table 3

Table 3: First-time entrants at HEIs 2005 - 2008

Programme	2005	2006	2007	2008
B Ed	6 289	6 428	7 958	9082
PGCE	3 860	4 498	4421	4971
Total first time Registrations	9 049	10 026	12 379	14053
Source: Higher Education Information Management System (HEMIS)

Note: Data for 2008 is preliminary. Audited enrolment data for 2008 will only be available at the end of July 2009.

3 (b). Currently it is not possible to provide figures of registrations disaggregated to the various disciplines. Higher Education Institutions do not report the names of qualifications in a consistent manner, for example some abbreviate the name, some use the Latin name and some also use the Afrikaans name. There are some cases where a specialisation may be included. However in most education qualifications the specific phase, learning area or subject specialisation is not recorded. From 2010 all public institutions will report on registrations and graduations using the new classification of educational subject matter categories. This will enable us to disaggregate the data form HEMIS in terms of the specialisations. Institutions will also be required to use the approved designator and qualifier for a qualification in terms of the HEQF, which will enable accurate reports on students registered for education qualifications to be generated.

QUESTION: 489

489. Mr D J Maynier (DA) to ask the Minister of Defence and Military Veterans:

(1) Whether any of the specified aircraft in Squadron 21 of the SA Air Force have been refurbished; if not, why not; if so, in respect of each specified aircraft, (a) what refurbishment was done, (b) why was it done, (c) when and (d) what was the total cost of the refurbishment;

(2) whether any plans are in place for any specified aircraft in Squadron 21 to be refurbished; if not, why not; if so, in respect of each specified aircraft, (a) what is the refurbishment being planned, (b) why is it being planned, (c) when is it scheduled to take place and (d) what is the total anticipated cost of the refurbishment? NW551E

As soon as I have received the reply information, the reply will be forwarded to Parliament

QUESTION 489

WRITTEN REPLY

MR D.J. Raynier (DA) to ask the Minister of Defence and Military Veterans:

1. Whether any of the specified aircraft in Squadron 21(VIP) of the South African Air Force have been refurbished; if so, in respect of each specified aircraft (a) what refurbishment was done; (b) why was the refurbishment done; (c) when was the refurbishment done and (c) what was the total cost of the refurbishment, if not, why not?

2. Whether there are plans for any of the specified aircraft in Squadron 21 (VIP Squadron) of the South African Air Force to be refurbished; if so, in respect of each specified aircraft (a) what refurbishment is planned; (b) why is the refurbishment being planned; (c) when is the refurbishment scheduled to take place; and (c) what is the total anticipated cost of the refurbishment if not, why not?

ANSWER 1

1. BBJ (one aircraft)

The BBJ was delivered to 21 Squadron during 2003. Subsequently, no refurbishment has been done to this aircraft.

2. FALCON 900 (ONE AIRCRAFT)

a. The Falcon 900 was delivered to 21 Squadron during 1991.

b. An avionics software upgrade was done in West Palm Beach, USA during 1999. The interior has not been refurbished since delivery. This aircraft is in dire need of a complete mid-life update, due to fair wear and tear over the years, and to remain in keeping with the latest technology.

c. The upgrade will consist of a full interior refurbishment. The engines must be upgraded to improve economy, reduce maintenance costs and improve range. The avionics will consist mainly of a software upgrade to keep abreast of technology. The exterior paint must be done to protect the airframe from the elements and give credence to the status of the passengers.

d. This upgrade is scheduled to take place during the FY2010/2011. At present, no approved Dassault aircraft fitment centre has been identified to undertake the upgrade.

e. The projected cost is estimated at Rm70. However, the exchange rate could have a bearing on this cost.

3. Falcon 50 (Two aircraft)

a. The two Falcon 50 aircraft were delivered to 21 Squadron during 1982 and 1985 respectively. After twenty and twenty three years service respectively, they were in dire need of a complete mid-life update. This was due to fair wear and tear over the years, and to remain in keeping with the latest technology.

b. The upgrade consisted of a full interior refurbishment and galley replacement. The engines were upgraded to improve economy, reduce maintenance costs and improve range. The avionics upgrade consisted of a full digital upgrade. The exterior paint was done to protect the airframes from the elements and give credence to the status of the passengers.

c. The upgrade of both aircraft was carried out at Duncan Aviation in Nebraska, USA during 2005/2006.

d. The upgrade cost Rm70 for both aircraft (RoE then was ZAR7 to the USD).

4. Citation (Two aircraft)

a. The first aircraft was purchased in 1982, and the second was integrated into the squadron from the Venda Defence Force during 1994.

b. These aircraft have only had an interior refurbishment whilst in service with the squadron. The refurbishments were done during 2000.

c. The refurbishments were carried out by Execujet, Lanseria at a cost of
ZAR64, 000.00 per aircraft

Note: The industry norm for the refurbishment of corporate (VIP) aircraft interiors is every five years. If the interior is not refurbished after five years, aircraft interior fitment centres then recommend a complete interior replacement after eight years.

QUESTION: 490

490. Mr D J Maynier (DA) to ask the Minister of Defence and Military Veterans:

(1) Whether (a) the ministry, (b) the Defence Secretariat and (c) any other specified entity in the department have purchased luxury vehicles; if not, what is the position in this regard; if so, in each case, (i) what vehicles were purchased, (ii) how many and (iii) why;

(2) whether any plans are in place to purchase luxury vehicles; if not, what is the position in this regard; if so, (a) what vehicles, (b) how many and (c) why will they be purchased? NW552E

As soon as I have received the reply information, the reply will be forwarded to Parliament

QUESTION 490

490. Mr D J Maynier (DA) to ask the Minister of Defence and Military Veterans:

(2) whether any plans are in place to purchase luxury vehicles; if not, what is the position in this regard; if so, (a) what vehicles, (b) how many and (c) why will they be purchased? NW552E

1. The office of the Secretary for Defence has not purchased any luxury vehicles because the late Secretary of Defence Mr JB Masilela had indicated that no luxury vehicle should be bought as he would use a hired vehicle when outside Gauteng Province

The office of the Secretary of Defence is in the process of purchasing a Mercedes Benz entry grade E class for use by the Defence Secretariat members in Cape Town instead of hiring vehicles

QUESTION: 491

491. Mr D J Maynier (DA) to ask the Minister of Defence and Military Veterans:

What is the (a) total number of (i) posts and (ii) employees, (b) vacancy rate and (c) number of additional posts in respect of each critical occupation in the SA Air Force of (i) combat pilots, (ii) transport helicopter pilots, (iii) combat helicopter pilots, (iv) transport pilots, (v) marine pilots, (vi) VIP pilots, (vii) air traffic controllers, (viii) technical support crew and (ix) engineers? NW553E

As soon as I have received the reply information, the reply will be forwarded to Parliament

QUESTION No. 491

Mr D J Maynier (DA) to ask the Minister of Defence and Military Veterans:

The attached spread sheet indicates the status of the SA Air Force's number of posts, employees, vacancy rate and number of additional posts in respect of each critical occupation in the SA Air Force.

It should be borne in mind that Reserve Force members of the SAAF provide the necessary back-up service to the SAAF, but these are not reflected on the permanent establishment.

Description	Total number of posts	Total number of employees	Total vacant posts
Combat Pilots	60	34	26
Helicopter Pilots	167	109	58
Transport Pilots	156	108	48
Additional Posts	187	137	50
VIP Pilots	See Note 1	12	See Note 1
Maritime Pilots	See Note 1	7	See Note 1
ATC	77	48	29
Tech Support Crew	1630	763	867
Engineers	122	52	70

Note 1: Pilot posts are utilized for VIP and Maritime Pilots. There are specific posts for VIP and Maritime Pilots.

Additional posts: these figures indicate other at Staff level or other Units which are not flying related

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6 - 2009)

Date reply submitted: 3 August 2009

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

Whether the Emergency Response Document has been finalised; if not, (a) why not and (b) when will it be finalised; if so, what are the relevant details?

NW554E

REPLY:

Yes.

(a) Not applicable.

(b) The Emergency Response Service document has been finalised and a copy is attached.

QUESTION NO 493

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6 ‑ 2009)

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

(1) (a) When did a certain person's (name furnished) original contract that was extended by the former President (i) begin and (ii) expire, (b) what salary has the said person been earning per month, (c) what other benefits did the said person enjoy whilst on suspension and (d) what is the total number of visits paid by the said person to police headquarters whilst on suspension;

(2) whether the said person's contract was extended for a month from June to July 2009; if so, what are the relevant details;

(3) whether the said person received a salary in those months; if so, what are the relevant details?

NW555E

REPLY:

The National Commissioner was appointed during 2000 and his contract would have expired on the 28^th of June 2009. The President, on the 2^nd of June 2009, gave the National Commissioner two months notice that his contract will be terminated on the 1^st of August 2009. This was done within the stipulations of the contract of the National Commissioner.

The National Commissioner was granted extended leave of absence. The National Commissioner is therefore receiving all the benefits in terms of the South African Police Service Employment Regulations applicable to all SAPS members on leave. The exact amount that the National Commissioner receives on a monthly basis is privileged information, regulated by the terms and conditions of the contract of employment between the employer and employee and it is within the salary range of heads of departments or directors general.

QUESTION 494

1. Whether any housing projects have been blocked in each province during each of the past five (5) years up to the latest specified date for which information is available.

If so:

(a) how many government housing projects were blocked; and,

(b) for each project that has been blocked:

(i) where is situated?

(ii) when was it blocked?

(iii) why was it blocked?

(iv) how much was spent on the project?

2. Whether these projects are still blocked?

If so, why?

If not:

(a) when was the project; and,

(b) when was or will it be completed?

The information required to provide Mr Steyn with a comprehensive reply is not readily available in the Department and needs to be obtained from and verified by Provinces. A response will be tabled once all the required information has been obtained and verified with the nine Provincial Human Settlement Departments.

QUESTION NO 495

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6 ‑ 2009)

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

(1) Whether, with reference to a certain newspaper article (details furnished), the SA Police Service (SAPS) is investigating the incident; if not, why not; if so, what are the relevant details;

(2) whether any disciplinary action has been taken against the alleged perpetrators; if not, why not; if so, what action;

(3) whether the alleged perpetrators have been transferred to another province; if so, (a) to which province(s), (b) why and (c) what are the further relevant details pertaining to this transfer?

NW557E

REPLY:

(1) Yes, the case dockets, Berlin CAS 38/06/09 Reckless and Negligent Driving and CAS 40/06/09 Pointing of Firearm, Assault and Theft are being investigated by the Independent Complaints Directorate (ICD).

(2) No, the trainees are attending field training in KwaZulu‑Natal. Instructions are awaited from the ICD. At this point the complainant is refusing to cooperate with the SAPS in the investigation.

(3) Yes.

(3)(a) KwaZulu‑Natal.

(3)(b) All the students in question were sent to Bisho Training College in the Eastern Cape for training and after the completion of their basic training, they were sent back to KwaZulu‑Natal.

(3)(c) Their passing‑out parade was held at the Bisho Training College on 19 June 2009 and afterwards they returned to the province (KwaZulu‑Natal) from where they were recruited.

QUESTION NO 496

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009QUESTION NO 492

(INTERNAL QUESTION PAPER NO 6 - 2009)

Date reply submitted: 3 August 2009

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

How many SA Police Service members have been charged in each province under the Domestic Violence Act, Act 116 of 1998, (a) in the 2008-09 financial year and (b) during the period 1 April 2009 up to the latest specified date for which information is available?

NW558E

REPLY:

The South African Police Service does not keep a separate record of convictions of members for criminal offences in terms of the Domestic Violence Act, 1998 (Act No 116 of 1998).

QUESTION NO 496

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6 ‑ 2009)

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

How many SA Police Service members have been charged in each province under the Domestic Violence Act, Act 116 of 1998, (a) in the 2008‑09 financial year and (b) during the period 1 April 2009 up to the latest specified date for which information is available?

NW558E

REPLY:

The South African Police Service does not keep a separate record of convictions of members for criminal offences in terms of the Domestic Violence Act, 1998 (Act No 116 of 1998).

QUESTION NO 497

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6 - 2009)

Date reply submitted: 3 August 2009

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

(a) How many trial awaiting prisoners are being held at police station in each province and (b) what is the average time that such prisoners are held in police station cells?

NW559E

REPLY:

(a) For the sake of uniformity, 10 July 2009 (00:01 to 00:00) was chosen at random for the purpose of this question.

Eastern Cape 895

Free State 200

Gauteng 1 291

KwaZulu-Natal 1 664

Limpopo 1 320

Mpumalanga 940

Northern Cape 157

North West 1 813

Western Cape 955

(b) The average time that arrested persons are held in police cells varies. Arrested persons are brought before court as soon as reasonably possible, but no later than 48 hours after the arrest, while a 24-hour period is applicable to children. If the 48 hours expire after normal court hours or on a day which is not a normal court day, the arrested person is brought before court on the first court day after the expired 48 hours.

Only after the first appearance in court, an arrested person is regarded as awaiting trial. The court will make a decision regarding the date of the next appearance, as well as to where the person would be detained, depending on the circumstances of each specific case. The date of the next appearance, which may vary from one day to a few months, and place of detention are stipulated on a warrant of detention issued by the court.

QUESTION NO. 498 INTERNAL QUESTION PAPER NO 6 of 2009

DATE OF PUBLICATION: 10 July 2009

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

(1) Whether the Environmental Management Inspectorate has investigated the emissions from any factories in St Helena Bay; if not, why not; if so, what are the relevant details;

(2) whether her department issued any directives against transgressors of air quality standards in St Helena Bay; if not, why not; if so, what are the relevant details;

(3) whether any investigations have been conducted to ascertain the link between local cases of cancer and air quality; if not, why not; if so, what are the relevant details;

(4) whether her department provides any support on air quality management to the local municipality; if not, why not; if so, what are the relevant details?

NW561E

MR G.R. KRUMBOCK (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

498. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The Chief Directorate: Air Quality Management and Climate Change in collaboration with the Western Cape Department of Environmental Affairs and Development Planning have instituted a review of the registration certificates of all fish meal plants in the Western Cape. This project was prompted by the large number of complaints received by local, provincial and national government structures. The project involved an inspection of every facility, followed by the industries submitting a revised registration certificate application form. The objective of this project was toreview and amend the Registration Certificates for the fish meal sector in such a way as to ensure the building of initial air quality management capacity in provinces and affected local authorities, as well as ensuring measurable air quality improvements during, and immediately following, the period of transition between APPA and AQA.

Currently the Sub-directorate: Criminal Investigations within the Directorate: Enforcement (Environmental Management Inspectorate) has conducted a criminal investigation into complaints received from members of the community in the Saldanha Bay and St Helena Bay areas. Two criminal cases have been registered with the SAPS and the matter is currently being finalized in order to present the evidence in the cases to the National Prosecuting Authority for a decision on whether or not to prosecute.

(2) Based on complaints received and initial findings from the APPA registration certificate review process a decision was made to hand the matter over to the Chief Directorate: Regulatory Services, for compliance and enforcement action. The companies that were handed over for further investigation were located in St Helena Bay and Laaiplak. As stated above a criminal investigation is in the process of being finalized, based on the non-compliance with odour provisions as there are no set legally enforceable air quality standards for this sector.

(3) Based on our current understanding the fish meal plants are creating an odour nuisance based on the fact that they are processing decaying fish. To our knowledge, none of the compounds emitted into the atmosphere, which create the odour nuisance, are known human carcinogens. To fully understand any perceived health related impact a comprehensive epidemiological study must be undertaken.

(4) The Department has provided support and training to the West Coast District Municipality over the past three years in preparation for the transition from the old Atmospheric Pollution Prevention Act to the new National Environmental Management: Air Quality Act. The training has ranged from general air quality management principles to detailed training on atmospheric licencing, compliance monitoring and enforcement. The Department, in partnership with the Western Cape Department of Environmental Affairs and Development Planning, have accompanied the District and Local Municipality officials on the site visits and inspections and they have been an integral part of the registration certificate review team.

QUESTION NO. 499 INTERNAL QUESTION PAPER NO 6 of 2009

DATE OF PUBLICATION: 10 July 2009

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

(1) Whether crematoria are permitted to accept anatomical waste for disposal; if so, what are the relevant details; if not,

(2) whether this is something that may be considered in future;

(3) whether she has been informed that a certain crematorium (name furnished) is accepting anatomical waste from a certain company (name also furnished) for disposal; if not,

(4) whether she investigate the matter; if not, why not; if so, when;

(5) whether this practice is permitted; if not, (a) how can this practice be allowed to persist and (b) why is this particular crematorium allowed to accept medical waste; if so, on what basis is it permitted?

NW499E

MR M J ELLIS (DA) SECRETARY TO PARLIAMENT

HANSARD

PAPERS OFFICE

PRESS

499. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) Crematoriums are regulated under various municipal bylaws and those are therefore not authorised to accept anatomical waste. However, if the crematorium meets all required specifications in terms of waste storage & treatment and air emission, they can be authorised to treat anatomical waste. However the one in question, (Upington) does not and is therefore not authorised to treat anatomical waste.

(2) It is a possibility if the crematorium meets the required standards in terms of waste and air quality legislation.

(3) I am aware of the fact that Upington Crematorium treated medical waste and my Department of Environment wrote to the Waste management company who collects the waste on 22 May 2009. My Department received an undertaking from the service provider that they will cease treatment of their HCRW at the crematorium on 26 May 2009. Furthermore the said department instructed the operator to cease cremation of anatomical waste with immediate effect on 26 May 2008.

(4) The department had already identified the non conformity and has issued instructions to the relevant parties and will conduct further investigation if there is no co-operation from the involved parties.

(5) The last question is answered by all 4 answers above.

QUESTION NO 500

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 10 JULY 2009

(INTERNAL QUESTION PAPER NO 6)

500. Ms L D Mazibuko (DA) to ask the Minister of Water and Environmental Affairs:

(1) Whether the Treaty on the Development and Utilisation of the Water Resources of the Komati River Basin (details furnished) is in danger of being undermined due to pollution from mines in the Komati River catchment area; if not, how was this conclusion reached; if so, what are the relevant details;

(2) whether the government of the Kingdom of Swaziland has expressed any concerns about water pollution emanating from South Africa; if so, what are the relevant details;

(3) whether her department has commented on any applications to the Department of Minerals since 1 January 2008 up to the latest specified date for which information is available to (a) prospect or (b) mine on land in or adjacent to the Komati River catchment area; if not, why not; if so, what are the relevant details? NW563E

---00O00---

REPLY:

(1) No. The Treaty is conscious of the economic prosperity that is realized by activities that are reliant on water resources. The Joint Water Commission (JWC) between South Africa, Swaziland and Mozambique has been established under the Treaty and is operational. Meetings are held regularly and the agenda reflects technical issues such as water quality management in line with the prevention and exercising control over the pollution of water resources of common interest to Swaziland, Mozambique and South Africa. If pollution was undermining the Treaty then the discussions would have highlighted the issue and a joint study to investigate the matter further would have been considered.

(2) No.

(3)(a) Yes, My Department has commented on the following Prospecting Licenses.

Applicant	Department of Minerals & Energy File No	Department of Water & Environmental Affairs (DWEA) File No	Submission Date of DWEA's Comments
Tageta Exploration	MP 30/5/1/2/3/2/1/ (1751) EM	16/2/7/X101/C191	22/02/2008
Mululamisi Mining and Exploration	MP 30/5/1/2/3/2/1/ (1911) EM	16/2/7/X101/C189	22/02/2008
Inyanga Trading	MP 30/5/1/2/3/2/1/ (18951) EM	16/2/7/X101/C189	22/02/2008
Gerrit Klok	MP 30/5/1/2/3/2/1/ (483) EM	16/2/7/X101/C192	22/02/2008
Roads and transport	MP 30/5/1/3/3/2/1 (234)EM	16/2/X100/C204/1	10/06/2008
Roads and transport	MP 30/5/1/3/3/2/1 (532)EM	16/2/7/X100/C205/1	10/06/2008
Xakwa Investment	MP 30/5/1/3/3/2/1 (1981)EM	16/2/7/X100/C203/1	10/06/2008
Roads and transport	MP 30/5/1/3/3/2/1 (533)EM	16/2/7/X100/C198/1	10/06/2008
Roads and transport	MP 30/5/1/2/3/2/1/ (532) EM	16/2/7/X100/C206/1	10/06/2008
Misty sea trading	MP 30/5/1/2/3/2/1/ (1988) EM	16/2/7/X100/C200/1	10/06/2008
Hoshoza Resource bordex(PTY) LTD	MP 30/5/1/2/3/2/1/ (2023) EM	16/2/7/X100/C216/1	11/09/2008
Roads and transport	MP 30/5/1/2/3/2/1/ (564) EM	16/2/7/X100/C215/1	18/08/2008
Misty sea trading	MP 30/5/1/2/3/2/1/ (2089) EM	16/2/7/X100/C310/1	18/08/2008
Mampe Minning and construction	MP 30/5/1/2/3/2/1/ (4335) EM	16/2/7/X101/C404	01/04/2009
WERM Mining	MP 30/5/1/2/3/2/1/ (4299) EM	16/2/7/X101/C410	19/05/2009
Masola Mining transport	MP 30/5/1/2/3/2/1/ (4291) EM	16/2/7/X101/C400	23/03/2009
Phuzamanzi Right Operation	MP 30/5/1/2/3/2/1/ (4359) EM	16/2/7/X101/C401	23/03/2009
Misty sea trading 262 (PTY) LTD	MP 30/5/1/1/3/2/1/ (1989) EM	16/2/7/X100/C208/3	10/06/2008
Mululamisi mining exploration(PTY) LTD	MP 30/5/1/2/3/2/1/ (1970) EM	16/2/7/X100/C207/3	10/06/2008
Xivono	MP 30/5/1/2/3/2/1/ (1956) EM	16/2/7/X100/C199/3	10/06/2008

-3-

Unity rocks mining (PTY)	MP 30/5/1/2/3/2/1/ (2042) EM	16/2/7/X100/C174/1	11/08/2008
Wananchi power corporation (PTY)	MP 30/5/1/2/3/2/1/ (3004) EM	16/2/7/X100/C211/1	18/08/2008
Umcebo mining (PTY) LTD	MP 30/5/1/2/3/2/1/ (318) EM	16/2/7/X100/C213/1	18/08/2008

(3)(b)Mine on Land applications.

Applicant

Department of Minerals and Energy

File No

Department of Water & Environmental Affairs (DWEA) File No

Submission date of DWEA's Comments

Umcebo Mining

MP 30/5/1/2/3/2/1/ (111) EM

16/2/7/X101/C75

29/02/2009

QUESTION NO 484

DATE REPLY SUBMITTED: WEDNESDAY, 23 SEPTEMBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 10 JULY 2009 (INTERNAL QUESTION PAPER NO 6 – 2009)

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

(1) Whether the contract for the tracking of containers for the Road Traffic Management Corporation (RTMC) was put out to tender; if so, (a) what did this contract entail, (b) what was the value of the contract and (c) who was the contract awarded to;

(2) whether this contract was approved by the RTMC board; if not, why not; if so, what are the relevant details?

NW546E

REPLY:

The Minister of Transport:

(1) The Road Traffic Management Corporation (RTMC) has advised that the Corporation is not aware of a tender for the tracking of containers for the RTMC.

(a), (b) and (c) Fall away.

(2) Falls away.

QUESTION NO 485

DATE REPLY SUBMITTED: THURSDAY, 15 OCTOBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 10 JULY 2009 (INTERNAL QUESTION PAPER NO 6 – 2009)

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

(1) Whether the furniture and fittings for the Road Traffic Management Corporation's (RTMC) office were procured in accordance with Government tender procedures; if not, what is the position in this regard; if so, (a) in which media publication did the tender appear, (b)(i) how many tenders were received and (ii) who tendered and (c) what was the value of each tender;

(2) whether the decision to award the tender was approved by the RTMC Board of Directors; if not, why not; if so, when?

NW547E

REPLY:

The Minister of Transport:

(1) The Road Traffic Management Corporation (RTMC) has advised that the open bidding process was not followed for the respective procurements. The expenditure was therefore disclosed as irregular expenditure in the RTMC's financial statements for the 2007/08 financial year. The payment was approved by the Accounting Officer and the irregular expenditure was subsequently approved by the RTMC's Finance Committee in terms of the delegation of authority.

The price quotation process was followed in this regard. The request for price quotation was sent to three (3) service providers, namely Hetisekani Development and Projects, Mochabo Trading and Projects and Malusi and Son Computer Services and Projects. Only one response was received from Mochabo Trading and Projects to which an order was issued.

(a), (b) (i) and (ii) and (c) Fall away.

(2) Falls away.

2009-07-23

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