Questions & Replies: Question & Replies No 426 to 450

• Conduct a needs analysis of students who will require financial aid in the short, medium and long terms, taking into account the Government's commitment to providing free undergraduate education to students from poor families who would otherwise not be able to pursue further or higher education.
  

• Undertake a review of the Means Test and provide guidelines to determine the criteria for eligible students.

• Make recommendations on appropriate mechanisms for raising and administering the required funds, including the parameters of the recapitalization of NSFAS and for the possible establishment of a student loan bank.

• Investigate the feasibility of student financial aid being linked to priority fields of study and levels of academic performance.

• Assess the viability of extending financial aid to students in not-for-profit private higher education institutions. Assess the nature and extent of former and current students blacklisted by NSFAS and universities, and recommend appropriate action to be taken to deal with the problem.

• Recommend changes to the policy, regulations and operational framework of the NSFAS, including the distribution formula for the allocation of financial aid to institutions, the Means Test, the respective roles and the responsibilities of the institutional financial aid bureaus and the NSFAS.

• Recommend changes to the governance, management, operational capacity and systems of the NSFAS to meet the needs of the new policy framework.

QUESTION 436

1) Whether he will adjust the disbursements and geographic spread according to key performance areas of RHLF (details furnished); if so, what changes will he implement; if not, why 0% distributed to Northern Cape, 3% to Free State and 8% to Eastern Cape?

REPLY

1. No.

Whilst RHLF's presentation to the Portfolio Committee on Human Settlements last month made an assertion that there are 0% disbursements of funds to the Northern Cape, it is indeed correct that the number of loans disbursed directly from RHLF funding by intermediaries was small. However, it does not mean that no loans were disbursed in the Northern Cape. In fact when all funders brought into the market by RHLF leveraging effect number of loans exceeded 2000 and were valued at more than R19 million. This is in fact the case in all provinces. The table below shows disbursements by province during the last Financial Year (2008/09) only.

Table 1: Disbursements by Province

QUESTION 437

QUESTIONS FOR WRITTEN REPLY

MS DE LILLE (ID) TO ASK THE MINISTER OF LABOUR

1. According to a news article ('Domestic worker misery in MP village' Nwabisa Msutwana-Stemela and Helen Bamford, Weekend Argus, July 05, 2009 at 02:00PM) former Labour Minister Membathisi Mdladlane had promised to deal with the grievances of domestic workers employed at parliamentary village, what was the outcome of this?

2. According to news article ('parliament lowers the curtain on lively 2002' Jeremy Michaels, Cape Times, November 18, 2002 at 06:25AM) Domestic workers, especially those who claim to be exploited by parliamentarians, have also benefited front hi year's parliamentary session. Labour Minister Membathisi Mdladlana briefed MPs on regulations issued in terms of the Basic Conditions of Employment Act which set minimum wages for domestics' yet in the article referred to in question I some demestic workers are still not receiving minimum wage, why was the Basic Conditions of Employment not thoroughly implemented throughout the parliamentary villages;

3. Was a report completed on this issue: if not, why not, if so, is the report available?NW498E

REPLY TO QUESTION 437:

The Minister of Labour replied:

1. A blitz inspection was conducted at the parliamentary villages, Pelican Park, Acacia Park and Laboria Park on 24 -25 August 2009. The 497 houses visited by Labour inspectors only 24 domestic workers were confirmed to be employed at the parliamentary village. Eleven employers complied with the legislation and follow-up inspections will be conducted on the thirteenemployers who did not comply at the time of inspections, as prescribed by legislation.

2. Those employers who did not comply with the Sectoral Determination will be visited for follow-up inspections as indicated in the above. Information on the Provinces of the Sectoral Determination was also shared with the employers in the processors where the contraventions were not rectified enforcement process will be followed.

A report will be compiled after follow-up inspections are conducted on 2 October 2009

DATE OF PUBLICATION: 10 July 2009

Mr L.S. Ngonyama (COPE) to ask the Minister of Water and Environmental Affairs:

Whether the Government will promote the recycling of (a) water, (b) paper, (c) metal, (d) plastic, (e) biodegradable materials and (f) other consumables in order to create jobs, sustainable development and a more viable environment; if not, why not; if so, (i) when and (ii) how will this be done?

NW500E

HANSARD

PAPERS OFFICE

439. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(a-f) The National Environmental Management: Waste Act which came into effect as from the 1^st July 2009, sets key objectives which include the reducing, re-using, recycling and recovering of waste and securing ecologically sustainable development while promoting justifiable economic and social development.

Government has therefore clearly demonstrated its commitment to ensure that various waste streams including paper, metal, plastics and biodegradable materials are recycled and that sustainable jobs are created through this emerging recycling sector.

Department of Environmental Affairs (DEA) is now working with Local Municipalities and industry to implement recycling initiatives throughout the country. Local Municipalities are required to submit an Integrated Waste Management plan which will identify the manner in which they plan to meet the objectives of the act which include recycling objectives. The Paper and Packaging industry which represents manufacturers of paper, metal and plastics has been identified as a sector required to submit an Industry Waste Management plan which will identify the mechanisms to be put in place to allow for separate collection of packaging and paper waste from households, the mechanisms to ensure financially sustainability of the plan and the mechanisms for including the informal sector into the activities.

(i) The Paper and Packaging sector intend to support recycling at source as part of their producer responsibility. Collecting recyclables from source i.e. households has the potential to create a significant number of sustainable jobs. A pilot project collecting separated recycles at source which has been running for approximately 2 years has created 43 jobs collecting and sorting separated recyclables for 25 000 households within the pilot area.

(ii) It is anticipated that the Municipal Waste Management Plans will set out how over time, households will be encouraged to separate recyclables from their household waste streams. The separated recyclables will be collected and then sorted at large scale sorting facilities, from where the sorted recyclables will be bailed and sold to recyclers for use in further production.

In areas where curbside collection of recyclables is not possible alternative methods of encouraging recycling will be considered which could include the setting up of buy back centers where residents could be paid for recyclables that they deliver.

Once residents are accustomed to sorting waste and the necessary facilities have been developed the requirement for separation at source could be written into local municipality by-laws. Enforcement could be encouraged through the provision of incentives i.e. paying per kilo of waste disposed of.

DATE OF PUBLICATION: 10 July 2009

Ms H.N. Ndude (Cope) to ask the Minister of Water and Environmental Affairs:

(1) Whether the industries that were responsible for 80% of national industrial emissions in the Vaal Triangle and the Highveld area of Mpumalanga have now become fully compliant with the statutory requirements for such emissions; if not, why not; if so, which of the companies that were being monitored have fully complied;

(2) whether any action will be taken against companies that are still not on compliance; if not, why not; if so, (a) against which companies and (b) what action?

NW501E

HANSARD

PAPERS OFFICE

440. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:

(1) The industries in the Vaal and Highveld areas are responsible for a significant proportion of the country's industrial emissions. This was one of the deciding factors for the declaration of these areas as the two national priority areas, in terms of Section 18 of the National Environmental Management: Air Quality Act (No. 39 of 2004).

The Vaal Airshed Priority Area was declared on 21 April 2006. Following the declaration a comprehensive priority area air quality management plan was drafted. A detailed baseline assessment was undertaken to understand the nature of the air pollution problem in the area. This involved the development of an extensive emissions inventory of all sources of air pollution in the Vaal area. The major contributors to air pollution in the area included industrial emissions, emissions from domestic sources, emissions from motor vehicles, emissions from biomass burning and emissions from mining operations. A dispersion modeling assessment was undertaken to further understand the relative contribution from each of these sources. The baseline assessment helped to inform the intervention strategies, which were developed in a participatory manner, to address the identified air pollution hot-spots within the Vaal. This process culminated in the publication of the Vaal Airshed Priority Area Air Quality Management Plan on 28 May 2009. The process of implementing the air quality management plan has recently commenced.

The Department is currently in the process of drafting the listed activities and associated minimum emission standards, as required in terms of Section 21 of the National Environmental Management: Air Quality Act. The identified activities and associated standards are still subject to final public review and comment. The final Section 21 notice is expected to be published as a regulation in September 2009. The notice will specify the required measurement and reporting requirements to demonstrate compliance. The current air quality legislation, Atmospheric Pollution Prevention Act (No 45. of 1965), does not make provision for emission standards, merely emission guidelines. As such, there is currently no mechanism to assess compliance or non-compliance. This was identified as one of the major shortcomings of the old air quality legislation and has been addressed in the drafting of the new air quality legislation. The new air quality legislation is currently scheduled to enter into full effect in September 2009.

(2) In the absence of legally binding emission standards it is difficult to respond to this question, however, the Department will not hesitate to act against companies that fail to operate in an environmentally responsible manner. There are a number of legal instruments that can be applied in cases of willful or negligent damage to the environment.

In preparation for the transition to the new air quality legislation the Department has undertaken a number of projects. One such project was the APPA Registration Certificate Review project, where the registration certificates of 72 companies were reviewed. The 72 companies reviewed were estimated to account for around 80% of the industrial emissions in South Africa. The six sectors targeted included, coal-fired power generation, petro-chemical refineries, iron and steel, ferroalloys, pulp and paper and primary aluminium. 24 of the 72 companies are located in either the Vaal or Highveld regions.

In parallel with the initiative run by the Chief Directorate: Air Quality Management and Climate Change, has been a compliance and enforcement programme co-ordinated by the Chief Directorate: Regulatory Services. Areas of overlap between the two programmes were the Iron and Steel and Ferroalloy sectors (Operation Ferro) and the Petro-Chemical Refineries (Project Refinery).

Companies have taken cognizance of the concerns raised in the inspection reports, and many have responded by committing to the implementation of measures to address these impacts, including longer term steps that require a significant amount of capital. Certain positive actions have also been taken by a number of the companies following the inspections; for example, ArcelorMittal Vanderbijlpark Works decided to shut down and decommission one of its coke oven batteries following the findings of the compliance inspection undertaken in November 2008. The Department has identified a few companies that it feels further action is required in order to ensure the implementation of shorter term measures and is in the process of deciding the type of action required given the challenges highlighted above.

QUESTION NO 441
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 6-2009 IN THE NATIONAL ASSEMBLY OF 22 JULY 2009 FOR A WRITTEN REPLY

"441.Mr P Ntshiqela (Cope) to ask the Minister of Arts and Culture:

(1) Whether the Governments investment in the Arts and Culture programmes resulted in small and medium enterprises, related to the arts, flourishing throughout the country;

i. Yes, it has.

The Investing in Culture programme focuses on economic opportunities for craft. music, heritage and cultural tourism sectors. Through the meaningful partnerships established, products developed from several projects were able to enter the mainstream markets. This is seen as a good lead towards sustainability beyond departmental funding.

ii. Historically the Poverty Alleviation Programme was conceptualized as part of the South African government's efforts in addressing poverty within the country. This was seen as a short term to medium term strategic intervention. Initially most government departments were allocated funds from the Treasury Department to formulate, run and support community initiatives that are linked to the particular department's mandate.

The Investing in Culture (IIC) programme was adopted in 2005. It subsequently included skills development and economic participation of beneficiaries. The IIC programme provides empowerment opportunities for unemployed people from the second economy through training and job creation in arts, culture and heritage. The priorities thereof are to support the previously disadvantaged groups of which 60% ought to be women, 30% youth and 2% people with disabilities.

In developing SMME's, my department has received real support from private sector In promoting and selling quality craft products by these funded groups. Shoprite/Checkers, for example has granted projects access and use of its Strokes of Genius e-Bay marketing portal to market and sell these products. To date, it can be revealed that sections of our population have bought or accessed these craft products via this online tool owned by Shoprite/ Checkers.

Currently the skills base of bead workers in these projects, supported by my department under the EPWP programme within the IIC programme, are of high quality as they have moderators and assessors of quality amongst themselves. This has been realized by the programme working in partnership with the Media Advertising Publishing Printing and Packaging Sector Education and Training Authority (MAPPP SETA).

QUESTION NO 442

DATE OF PUBLICATION IN THE INTERNAL QUESTION PAPER: 10 JULY 2009 INTERNAL QUESTION PAPER NO -6

"442. Ms SP Moloao (Cope) to ask the Minister of Science and Technology:

(1) Whether the projected 30 patent application[s] arising from publicly funded research were achieved In the 2008-09 financial year; If so, what are the relevant details; if not,

(2) whether she Intends taking any further steps in this regard; if not, why not; if so, what steps?"


REPLY:

(1) During the 2008/9 financial year, the Innovation Fund (IF) alone received a total of 38 patent applications through its Patent Support Office. This figure does not include applications that may have been submitted directly to the SA Patent Office by Universities and other publicly funded research institutions and/or individual researchers.

1.1 At present, while the Department of Science and Technology (DST) is in the process of establishing the National Intellectual Property Management Office (NIPMO), there is currently no mechanism in place to monitor and quantify the patent applications that are the result of publicly funded research and development (R&D).

1.2 Of the 38 patent applications that were received by the IF in 200819, a total of 9 applications were approved. The remaining 29 applications were rejected primarily as a result of a lack of novelty, which is a base criterion for granting a patent.

(2) The DST is currently putting in place a mechanism to address this through the establishment of the NIPMO. NIPMO is to be established in order to implement the Intellectual Property Rights from Publicly Financed Research and Development (lPR-PFRD) Act (No 51 of 2008).

2.1 The IPR-PFRD Act is aimed at providing support to Universities and other publicly funded research institutions in order to develop capacity to effectively identify, protect and, where appropriate, to commercialise the knowledge that results from the publicly funded research conducted by their researchers.

2.2 This will be achieved through the activities of NIPMO which will include, amongst other things, support in monitoring and quantifying IPR applications that are the result of publicly funded R&D; the development of technology transfer and IP management skills; as well as, the establishment of Offices of Technology Transfer (OTTs). The OTTs will be located at Universities and public research institutions, in order to support these in the management of R&D results disclosures, IPR protection and possible commercialisation of IP. This will include providing critical support in terms of the oversight of effective IP registration.

QUESTION No 443
Mr L.J. Tolo (COPE) to ask the Minister of Defence and Military Veterans:

1. Whether the SA National Defence Force is indeed supporting Home Affairs or any other government department in terms of border security seeing how perceptions about lapses regarding that matter are impacting negatively on South Africa and compromising our standing in the world?

2. If not, what are the reasons, budgetary or otherwise, precluding the South African National Defence Force from playing its role to the fullest extent possible; if so, what is the extent of the co-operation and what have been the outcomes in each instance?NW504E

REPLY

1. The responsibility for border security has been transferred to the SAPS. On their request the SANDF was, on 17 Mar 09, instructed to stop the withdrawal and retain a presence along the RSA/Zimbabwe Border until after the 2010 Soccer World Cup (Presidential Minute 549/2009 dated 29 April 2009).

2. Prior to commencing the withdrawal the SANDF had one Battalion deployed along the RSA/Zimbabwe border. At present the SANDF has one Company remaining. The Company is based in Musina and provides support in terms of border security along a 55 kilometer front stretching approximately 25 kilometers either side of the Beitbridge border post. The table below reflects the number of foreigners apprehended crossing the border illegally this year to date. All persons apprehended have been handed over to the SAPS for further processing.

NATIONAL COUNCIL OF PROVINCES

WRITTEN REPLY

QUESTION NO 444

(Internal Question Paper No 29 - 2009)

Mr T Botha (Cope) to ask the Minister of Cooperative Governance and Traditional Affairs:

(a) What were the achievements of the urban renewal programme in the cities that were targeted for renewal and (b) what monetary support was given to each approved site? NW505E

Answer

(a) There have been significant achievements in the nodal areas. Eight urban nodes were established in 2001 with the intention to "conduct a sustained campaign against urban poverty and underdevelopment, bringing in the resources of all three spheres of government in a co-ordinated manner' (State of the Nation Address, 2001). In 2008, a survey 1 done by the Department of Social Development (DSD) found that poverty levels in the urban nodes (with the exception of Kwa Mashu, where demarcation is impacting on the data) dropped significantly, compared to Census information from 1996 and 2001.

The poverty index on which this finding was based included 10 variables namely, incidence of female-headed households, illiteracy, unemployment, lack of household income, over-crowding, informal or traditional dwellings, lack of sanitation, water below RDP standards, lack of electricity for lighting purposes, and lack of refuse removal. The following graph illustrates the drop in poverty levels found in the urban nodes:

*Demarcation impacting on data

For an example, in Alexandra, City of Johannesburg, the percentage of households:

• living in informal dwellings were reduced from 32.3% in 2001 to 14.8% by 2008
• without flush or chemical toilets were reduced from 12.6% in 2001 to 3.6% by 2008
• without tap water inside their dwellings or on site were reduced from 27.3% in 2001 to 9.2% by 2008
• without electricity for lighting purposes were reduced from 27.9% in 2001 to 1.2% by 2008 .
• dwellings or on site were reduced from 68.3% in 2001 to 24.8% by 2008
• without electricity for lighting purposes were reduced from 29.7% in 2001 to 8.4% by 2008

In Khayelitsha, City of Cape Town, the percentage of households

• living in informal dwellings were reduced from 66.6% in 2001 to 50% by 2008
• without flush or chemical toilets were reduced from 35% in 2001 to 15.6% by 2008
• without tap water inside their dwellings or on site were reduced from 38.5% in 2001 to 18.4% by 2008 .
• without electricity for lighting purposes were reduced from 23.9% in 2001 to 8.4% by 2008
• without regular refuse removal by the local authority from 5% in 2001 to 2.8% by 2008

(b) The urban nodes have over the years attracted some funding despite the programme not having a dedicated fund. The socio-economic projects were funded from different sources including Municipal Infrastructure Grant, Neighbourhood Partnership Development Grant and the European Union. Some examples of funding flows are depicted in the Tables here Tables

NATIONAL ASSEMBLY

WRITTEN TO ORAL REPLY

QUESTION 445

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

(INTERNAL QUESTION PAPER 06-2009)

Ms N Y Vukuza-Linda (Cope) to ask the Minister of Higher Education and Training:

Whether the principle of commonalities that should have existed for mergers to occur between different institutions of higher learning has been upheld; if not, why not; if so, what are the relevant details? NW506E

REPLY:

The Department released the "Guidelines for Mergers and Incorporations" document in April 2004 to assist merging institutions to map out the essentials and processes all merging institutions will have deal with on the way to creating new institutions. The Department made it very clear from the moment the Ministry released its proposals that the proposed mergers were "mergers of equals" and that throughout the various phases of the mergers all the affected institutions were to be treated equally.

Consequently, all the pre-merger processes and decisions were equally shared amongst the participating institutions and the 'interim' governance and management structures were set up in accordance with the "Standard Institutional Statute" and comprised equal numbers of personnel from the affected institutions irrespective of the size of the participating institution. In short, the principle of commonalities was upheld throughout the highly complex processes of merging diverse institutions of higher education in this country.

It is acknowledged that in practice the dynamics across merging institutions have been complex and that each merger has its own dynamics. The Merger Unit has assisted in contexts where the principles of commonalities needed to be asserted.

QUESTION NUMBER 446
DATE OF PUBLICATION: 10 JULY 2009
Mr N J J R Koornhof (Cope) to ask the Minister of Finance:

(1) What is the official lending rate of the Land Bank to prospective farm owners;

(2) whether the Land Bank has taken any action against land owners who were indebted to the Bank in 2008; if not, what is the position in this regard; if so, against how many;

(3) whether any of these land owners are from the previously disadvantaged communities; if not, what is the position in this regard; if so, what are the relevant details;

(4) whether any farms of indebted farmers were sold to new owners; if not, what is the position in this regard; if so, how many;

(5) whether any of the new owners belong to the previously disadvantaged communities; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

(1) The Land Bank's official lending rates are as follows:

The Land Bank is currently in the process of reviewing its current credit and pricing model. However, it should be borne in mind that the Land Bank obtains its funding from the capital markets and has to pay market - related rates on the borrowed funds.

(2) As at 30 June 2009, the Land Bank had instituted legal action against 557 land owners.

(3) Of the 557 land owners 283 (51%) clients are development farmers, while 274 (49%) are commercial farmers. The Land Bank has 4 067 development farmer clients. This translates to 7% of the Land Bank's development clients having been affected.

In an effort to promote government's objective of land redistribution and agrarian reform, once the Land Bank obtains attachment orders, farms are offered to the Department of Rural Development & Land Reform (DRD & LR) for assessment and possible reallocation to qualifying emerging farmer / Development /PDI settlements. Where the DRD & LR confirms interest, the Land Bank places a reserve price on the farm to enable the DRD & LR to buy these farms from the Land Bank. If the DRD & LR's response is negative, the farm is then first availed to PDI / Development interested buyers before it is auctioned in the open market.

(4) 13 farms were sold in execution since July 2008. It is important to highlight that the Land Bank did not simply repossess the farms but instead followed a due recovery process. We embarked first on a pre-legal process, followed by a legal one. The pre-legal process involved contacting the client to obtain reasons for non-payment, and then considering various options to assist these clients. Options included the restructuring of the debt and an extension on the loan. The land Bank also conducted assessments of the sustainability and viability of extending the arrear payments. Where extensions were viable, we offered the client another opportunity to rectify the situation. The moratorium placed on developing farms from 2002 / 03 led to the non repayment of loans by the majority of the farms that were repossessed. In some cases, payments had not been made since that time.

The final step the land Bank took thereafter was the legal process. This included issuing summons against a client whose account was still in arrears, making judgments against these clients, selling security (movable and immovable assets) to recover amounts owed, and sequestrating the client where necessary.

(5) Of the 13 farms sold. 7 belonged to development farmers and 6 to commercial farmers. 5 of these farms were purchased by developing farmers and 8 were purchased by commercial farmers.

QUESTION NUMBER 447

DATE OF PUBLICATION: 10 JULY 2009

Mr N J J R Koornhof (Cope) to ask the Minister of Finance:

(1) Whether any cases of unlawful investment schemes have been reported to his department as at 1 January 2008 up to the latest specified date for which information is available; if so, how many;

(2) whether these cases are being investigated; if not, why not; if so, for how long;

(3) whether any cases which were reported before 1 January 2008 are being investigated; if not, why not; if so, why is it taking so long to resolve these cases? NW508E

Reply:

The Financial Services Board is the regulator responsible for reporting on unlawful investment schemes, and has provided the relevant information to enable a response to these questions.

(1) Yes, there were 237 cases of unlawful investment schemes were reported to the FAIS Department of the Financial Services Board for the period 1 January 2008 to 15 July 2009. The table hereunder depicts the above information for each financial year falling within the period for which information is requested.

(2) All cases reported during the stated time periods are being fully investigated. Investigations generally last from 4 weeks to 12 months before they are completed

124 cases have been finalized of which 17 cases were referred to the South African Police Service for criminal prosecution.

(3) All cases reported before 1 January 2008 have been investigated. There is only one case that was reported before this time that has not yet been finalised, but this is due to its complexity.

NATIONAL COUNCIL OF PROVINCES

WRITTEN REPLY

QUESTION NO 449

(Internal Question Paper No 29 - 2009)

Mr P J Groenewald (FF Plus) to ask the Minister of Cooperative Governance and Traditional Affairs:

1. How many municipalities against which protest actions were launched between 1 June 2004 and 30 June 2009 (a) were incorporated in Project Consolidated and (b) remain part of the Five-year Strategic Agenda for Local Government

;

2. which of the municipalities where incidents of rioting, demonstrations and protest actions because of no or poor service delivery took place is experiencing a shortage of municipal staff and (b) what is the shortage in each municipality;

3. at which of the municipalities where incidents of rioting, demonstrations and protest actions because of no or poor service delivery took place (a) did service delivery improve or (b) were services delivered regarding which protest actions took place in order to prevent new incidents? NW510E

Answer

1. A total of about 14 municipalities were part of Project Consolidate and the same number still remains part of the 5Year Strategic Agenda for Local Government,

2. The department has not conducted a comprehensive analysis of the municipal organizational structures in terms of funded and filled posts at municipal level. Currently the department does not possess information on whether the 14 municipalities are experiencing shortage of municipal staff.

3. Services continue to be provided by these municipalities and where there were deficiencies municipalities are managing communication with communities to prevent re-occurrence or occurrence of protests. Most of these issues will guide and form part of the municipal specific turn-around strategies.