Questions & Replies: Question & Replies No 601 to 625

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2009-08-19

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

QUESTION NO 601

DATE REPLY SUBMITTED: THURSDAY, 15 OCTOBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 07 AUGUST 2009 (INTERNAL QUESTION PAPER NO 7 – 2009)

Mr N Singh (IFP) asked the Minister of Transport:

Whether his department will provide assistance in repairing the Mzinto River Bridge on the R102 in KwaZulu-Natal; if not, why not; if so, what are the relevant details?

NW677E

REPLY:

The Minister of Transport:

The National Department of Transport has already assisted the Province of KwaZulu-Natal with partial funding to address access road repairs that were damaged during severe floods. The total funding assistance was for an amount of R617 million and it was transferred during the 2008/2009 financial year. At the time of the funding transfer, the planning (structural analysis and designs) for remedial works to the bridge was in progress by the Province. Therefore none of this partial funding was utilised towards the bridge repairs.

The Province has in the meantime completed all the necessary designs and is planning to start with bridge repairs by February 2010, utilising their own funds and/or from the Provincial Infrastructure Grant.

QUESTION NO 602

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 7 AUGUST 2009

(INTERNAL QUESTION PAPER NO 7 - 2009)

Date reply submitted : 4 September 2009

Mr N Singh (IFP) to ask the Minister of Police:

Whether a new police station will be built in Umkomaas, KwaZulu-Natal; if not, why not; if so, (a) when will construction begin and (b) when is it expected to be operational?

NW678E

REPLY:

Yes, a new police station will be constructed at Magabheni, near Umkomaas.

(a) Owing to budget constraints this Department is unable to give an indication when construction will begin on the new police station at Magabheni. However, the construction of this police station is priority number three on the Provincial=s priority list for capital works.

(b) The response to question (a) impacts directly on this question. The expected date when the new police station will be operational can therefore not be provided.

QUESTION 603

INTERNAL QUESTION PAPER [NO 7-2009]

DATE OF PUBLICATION: 7 AUGUST 2009

603. Mr N Sing (IFP) to ask the Minister of Rural Development and Land Reform:

(a) How many land claims were settled in KwaZulu-Natal between 1 March 2008 and 30 April 2009, (b) what individual amounts were paid in settling each of these claims and (c) what are the names of the beneficiaries who received payment? NW679E

THE MINISTER FOR RURAL DEVELOPMENT AND LAND REFORM

(a) 317.

(b) Please refer to Annexure A.

(c) Please refer to Annexure B.

QUESTION NO 604.

Submitted 03 August 2009

604.Mrs P de Lille (ID) to ask the Minister of Labour:

(1) Whether he intends taking any action regarding the alleged fraudulent actions of a certain person (details furnished), in the East London office; if not, why not; if so, what action;

(2) whether the department will launch an investigation into the said person's alleged fraudulent conduct; if not, why not; if so, (a) when and (b) what are the further relevant details? NW860

REPLY: The Minister of Labour Replied as follows

(1) The Department is doing everything in its power to assist the accounting authority of the Local Government Seta i.e. the Board, to investigate the allegations and depending on the outcome to act decisively against the relevant CEO. We have done that before against a number of CEO or staff members associated with entities that report to the department and this case is not an exception or neither will it be treated with kid gloves. We have managed to put a number of CEOs or staff members involved in fraud in entities associated with the Department, including the department itself behind bars or dismissed and we will continue to do so in the future.

(2) (2) & (b) I am advised by the LGWSETA Board that they have since established a special committee led by its Chairperson Mr Keith Goodsell, to investigation the allegations. The committee has already referred the CEO's qualifications to the relevant bodies for verification and I was advised that they are scheduled to meet on the 07th August 2009 to consider the verification report and the appropriate decision or sanction on the matter. NW680E

QUESTION NO.: 606

DATE OF PUBLICATION: 5 AUGUST 2009

Dr M G Oriani-Ambrosini (IFP) to ask the Minister of Justice and Constitutional Development:

(1) Whether the National Prosecuting Authority (NPA) has adopted a policy on not prosecuting crimes when a victim of a crime has a civil action available; if so, what are the relevant details;

(2) how many times during the past five years for which information is available has the NPA (a) not prosecuted crime or (b) dropped a criminal charge on account of the victim having a civil action available to him/her/it in relation to the conduct which embodied the crime?

NW685E

Reply:

(1) The National Prosecuting Authority (NPA) gives effect to the laws of the country, and has a discretion with regard to how functions are performed, powers exercised and duties carried out. The decision to prosecute, or not, as the case may be, has to be taken with care, because it may have profound consequences for victims, witnesses, the accused and their families. Prosecutors are under instruction that resources should not be wasted on pursuing inappropriate cases, but should be used to act vigorously in cases worthy of prosecution. In deciding whether or not to institute criminal proceedings against an accused, prosecutors assess whether there is a reasonable prospect of a successful prosecution. When evaluating evidence, prosecutors have to consider all relevant factors such as the strength of the State's case, the admissibility of the available evidence, the credibility of the state witnesses, the reliability of the evidence, the availability of the evidence and the strength of the defence's case. Once a prosecutor is satisfied that there is sufficient evidence to provide a reasonable prospect of a conviction, a prosecution should normally follow, unless public interest demands otherwise. When considering whether or not it will be in the public interest to prosecute, prosecutors have to consider all relevant factors, including the nature and seriousness of the offence, the interests of the victim and broader community and the circumstances of the offender.

It follows from the above that there is no policy that a civil action prohibits prosecution. There are many cases on our court rolls where the victim also has a civil action available, for example, all assault cases. Normally when a decision has been made to not prosecute in a specific case, that is the end of the matter. However, there may be special reasons to review a particular case and restart the prosecution. These include an indication that the initial decision was clearly wrong and should not be allowed to stand, an instance where a case has not been proceeded with in order to allow the police to gather more evidence and a situation where a prosecution has not been proceeded with due to the lack of evidence, but where sufficient incriminating evidence has since come to light.

(2) The National Prosecuting Authority (NPA) does not keep a record of reasons why prosecutions were not instituted. If reasons are required in a specific case, they can be furnished upon request.

QUESTION NUMBER: 607

DATE OF PUBLICATION: 7 AUGUST 2009

Prof B Turok (ANC) to ask the Minister of Finance:

(1) What was the (a)(i) extent of official development assistance (ODA) for South Africa in the 2008-09 financial year and (ii) from what source was it received, (b)(i) expenditure of ODA for that year and (ii) where was the expenditure incurred and (c)(i) scale of unspent funds and (ii) what portion was returned to the donors?

REPLY:

(a)(i) Official Development Assistance received by government is in terms of international agreements of an administrative nature and can be in the form of technical cooperation (e.g. provision of expertise, technical assistance, training, study tours, secondments etc.), or in the form of grants via the RDP fund. In terms of the latter, the amount for 2008/09 totals R1 993 344 363

(a)(ii) Grants are usually channelled through the RDP Fund. With regard to technical assistance, it is difficult to provide an exact figure on the amount received as this is mainly received in kind in the form of international expertise or technical advice or assistance to a programme.

(b)(i) During the 2008/09 financial year an amount of R1 825 376 620 was transferred from the RDP Fund to various spending agencies. This amount comprises some funding received during previous financial years as well as funding received during the 2008/09 financial year.

(b)(ii) The breakdown of the allocation and spending focus of these funds is reflected in the Annual Financial Statements that are presented to Parliament each year (www.oag.treasury.gov.za) A copy of the relevant Annual Financial Statements are available on request.

(c)(i) The unspent funds currently in the RDP fund comprise mainly of interest accrued on funds deposited into the RDP Fund.

(c)(ii) A total amount of R20 356 955 was returned to the donors during 2008/09 It should be noted however, that these funds comprised mainly of interest accrued on funds deposited into the RDP Fund (R 16 019 137) as well as funds remaining in respect of projects that have been finalised and closed (R4 337 818).

QUESTION NO 608

DATE REPLY SUBMITTED: THURSDAY, 15 OCTOBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 07 AUGUST 2009 (INTERNAL QUESTION PAPER NO 7 – 2009)

Mr G G Boinamo (DA) asked the Minister of Transport:

Whether there are any plans to extend the runway at Port Elizabeth airport in order to accommodate larger aircrafts; if not, why not; if so, what are the relevant details?

NW690E

REPLY:

The Minister of Transport:

The long term development plan (Airport Master Plan) for Port Elizabeth Airport makes provision for the possible extension of the main runway. The intention is to extend the runway in a westerly direction by approximately 1 200 metres to give a total length of 3 200 metres. The runway will then be able to accommodate wide-bodied aircraft such as the Airbus A330-300 (aircraft with seating capacity of approximately 300 passengers) that could be operated on inter-continental routes). The Nelson Mandela Metropolitan Municipality has reserved land to facilitate the future extension of the runway.

The Airports Company South Africa Limited (ACSA) has made budgetary provision for this development to be completed within the time frame of its 10-year business plan, which forms a part of the Permission application that is currently under review by the Regulating Committee.

QUESTION NO 609

DATE REPLY SUBMITTED: THURSDAY, 15 OCTOBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 07 AUGUST 2009 (INTERNAL QUESTION PAPER NO 7 – 2009)

Mr G G Boinamo (DA) asked the Minister of Transport:

What are the statistics in respect of (a) the value, (b) tonnage of airfreight handled at Port Elizabeth airport each month for the past 12 months for which information is available and (c) the number of international passengers whose first point of departure or last port of entry was Port Elizabeth?

NW691E

REPLY:

The Minister of Transport:

(a)

The Airports Company South Africa Limited (ACSA) does not have access to any data on the value of cargo handled at its airports as requested in part (a) of the question.

(b) and (c)

Regarding parts (b) and (c), the statistics are tabulated below. Please note that the Port Elizabeth Airport has no scheduled international or region flights as such. The only international passengers are private cross-border flights and passengers. The higher than usual number of passengers in July this year resulted from two (2) inbound international flights that were diverted to Port Elizabeth due to bad weather and are therefore classified as international passengers at Port Elizabeth for ACSA's records.

PLZ

Jul-08

Aug-08

Sep-08

Oct-08

Nov-08

Dec-08

Jan-09

Feb-09

Mar-09

Apr-09

May-09

Jun-09

Jul-09

Cargo tonnage

511

452

505

474

468

472

321

367

408

426

517

443

439

Internat-ional Pax (non-scheduled)

4

8

0

0

0

9

0

0

0

0

0

7

51

QUESTION NO 610

DATE REPLY SUBMITTED: THURSDAY, 15 OCTOBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 07 AUGUST 2009 (INTERNAL QUESTION PAPER NO 7 – 2009)

Mr G G Boinamo (DA) asked the Minister of Transport:

(1) What were the (a) budget allocations and (b) actual expenditure for (i) national roads and (ii) road maintenance in each province for the (aa) 2005-06, (bb) 2006-07, (cc) 2007-08 and (dd) 2008-09 financial years;

(2) what is the (a) current maintenance backlog for (i) national roads and (ii) provincial roads in each province, (b) corresponding budget allocation for this backlog for each province and (c) estimated time that it will take to eradicate each such backlog?

NW692E

REPLY:

The Minister of Transport:

(1) (a) and (b) (i) and (ii) (aa), (bb), (cc) and (dd)

Refer to Table 1 below.

(2) (a) (i) and (ii), (b) and (c)

Refer to Table 2 below.

Also take note of the following, please:-

The existing road network management systems used by the various roads authorities are not integrated and differ from one system to the other. The Road Infrastructure Strategic Framework for South Africa (RISFSA) of 2006 identified a need to implement appropriate information and decision support systems in all spheres of government in order to support optimal decision making in the roads sector. The Department of Transport is in the process (planning phase) of developing the user requirement specifications for this National Road Asset and Information Management System (NRA&IMS).

For Provincial and Local governments, there is no dedicated, explicit source of funding for the delivery of road infrastructure. Instead, the provision of road infrastructure is part of the overall expenditure functions funded mainly via intergovernmental fiscal transfers in the form of Infrastructure Grant to Provinces (IGP) and an Equitable Share based on a pre-determined formula which is non-conditional. Based on specific priorities and budgetary imperatives, provinces have discretion in determining the amount of resources to be allocated from their total revenue pool towards operating and maintaining their road networks.

Table 1: Summary of the national and provincial budget allocations and actual expenditure (R'million)

Name

2005-06

2006-07

2007-08

2008-09 (non yet audited by National Treasury)

Budget

Expenditure

Budget

Expenditure

Budget

Expenditure

Budget

Expenditure

Eastern Cape

R1 367

R1 369

R1 494

R1 492

R1 615

R1 615

R1 966

R1 915

Free State

R359

R333

R515

R801

R915

R740

R982

R 961

Gauteng

R602

R610

R615

R658

R1 023

R1 079

R1 471

R1 398

KwaZulu-Natal

R1 728

R1 682

R1 845

R1 856

R2 360

R2 360

R3 610

R4 117

Limpopo

R1 157

R1 152

R1 130

R1 139

R1 466

R1 442

R1 381

R1 385

Mpumalanga

R731

R723

R708

R688

R994

R993

R1 124

R1 115

Northern Cape

R193

R177

R233

R236

R371

R365

R417

R436

North West

R622

R605

R656

R689

R677

R677

R728

R730

Western Cape

R933

R962

R1 270

R1 285

R1 347

R1 346

R1 648

R1 380

National (non-toll)

R1 752

R 1 865

R2 327

R2 576

R3 521

R3 324

R4 172

R4 287

Total

R9 444

R9 478

R10 793

R11 420

R14 289

R13 941

R17 499

R17 724

Table 2: Summary of Budget Estimates calculated and provided by the respective provinces (R'million)

Name

Estimated Current maintenance backlog for Strategic Provincial Roads

Estimated Corresponding budget allocation (Medium-term estimates)

Estimated time to eradicate each backlog

Estimates for Maintenance Works

Rehabilitation

Unspecified Requirements

Totals

2009-10

2010-11

2011-12

Eastern Cape

R75 480

R20 128

R95 608

R1 719

R1 716

R 1 819

See note (iv)

Free State

R15 683

R 5 683

R1 171

R1 286

R 1 373

See note (iv)

Gauteng

R1 683 794

R1 683 794

R1 678

R1 745

R1 959

See note (iv)

KwaZulu-Natal

R29 726

R2 576 247

R2 605 973

R3 684

R3 862

R4 207

See note (iv)

Limpopo

R1 692 750

R1 692 750

R1 574

R1 892

R2 141

See note (iv)

Mpumalanga

R5 307 080

R5 307 080

R1 089

R1 321

R1 469

See note (iv)

Northern Cape

R2 161 695

R2 161 695

R459

R573

R627

See note (iv)

North West

R306 423

R306 423

R825

R914

R981

See note (iv)

Western Cape

R6 067 537

R6 067 537

R1 703

R1 655

R1 707

See note (iv)

National (non-toll)

See note (i)

See note (ii)

See note (iii)

TOTAL

R105 206

R12 518 357

R7 312 980

R19 936 543

R13 902

R14 964

R16 283

Note (i) Current Maintenance Backlog for National Roads (Non-Toll)

No routine or periodic maintenance backlog exists on national roads. The backlog that exists is with regard to the strengthening of the network. Currently 4,142 km (32%) of the non-toll national road network has a remaining structural life of less than 5 years, and are in need of strengthening within the next 5 years. The financial need for strengthening over the next 5 years is R35.2 billion (2009R).

Note (ii) Corresponding Budget Allocation for National Roads (Non-Toll):

The current MTEF budget allocation for strengthening over the next 5 years is R16.8 billion (2009R). With the current allocation only an estimated 1,980 km will be strengthened. This is resulting in a strengthening shortfall of 2,162 km or R 18.4 billion over the next 5 years.

Note (iii) Estimated time that it will take to eradicate backlog for National Roads (Non-Toll)

This is dependent on sufficient funds being made available. The calculations in note (ii) can be used as a gauge.

Note (iv) Estimated time that it will take to eradicate backlog for Provincial Roads

This is dependent on more funds being made available and the capacity of the Roads Authorities to implement the work. The Estimated Corresponding budget allocations (Medium-term estimates) are forecasted based on past and existing expenditure trends.

The Department of Transport is in the process of seeking/identifying professional and experts to assist the Department with reviewing the existing road funding arrangement/model for road infrastructure maintenance.

Question No. 611

For Written Reply

Date of publication in the Internal Questions Paper: 070/8/2009 (Internal Question Paper No.7 of 2009)


Mr TW Coetzee (DA) to ask the Minister of State Security

Whether any security measures in respect of information have been put in place across government departments; if not, why not; if so, (a) at which departments was this done, (b) what amount of money is spent per department, (c) what is the total costs of the protection of information per department?

REPLY

In terms of the above questions, I kindly refer the Honourable Member to the Joint Standing Committee on Intelligence (JSCI), as the oversight body for clarity and information on questions relating to the operations of the Intelligence Services. In this regard, I have tabled the response to your question with the JSCI.

QUESTION NO 612

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 7 AUGUST 2009

(INTERNAL QUESTION PAPER NO 7 - 2009)

Date reply submitted : 4 September 2009

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

(1) How many (a) commercial vehicles are there in the SA Police Service inventory and (b) of these vehicles are used by the VIP Protection Unit of the SAPS (i) nationally and (ii) in each province;

(2) what was the total amount of money that was allocated for the administrative running of the SAPS operations at the Maupa Naga Building in Pretoria (a) in each of the past five financial years and (b) during the period 1 April up to the latest specified date for which information is available?

NW695E

REPLY:

(1)(a) One thousand one hundred and ninety-four (1 194) commercial vehicles (trucks and busses) are on the South African Police Service=s inventory.

(1)(b)(I) The VIP Protection Unit of the SAPS uses a total number of eight commercial vehicles nationally.

(1)(b)(ii) The VIP Protection Unit of the SAPS uses the following number of commercial vehicles in each province:

Head Office : 5

Western Cape : 3

(2)(a) 2004/2005 - R35 206 523,00

2005/2006 - R25 794 948,00

2006/2007 - R22 101 075,00

2007/2008 - R15 721 960,00

2008/2009 - R18 392 630,00


(2)(b) 1 April 2009 to 31 July 2009 - R5 757 478,00

QUESTION 617:

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 7 AUGUST 2009; INTERNAL QUESTION PAPER: NATIONAL ASSEMBLY NO. 7-2009

MINISTER

1. Further to question posed by Ms AM Dreyer (DA) to the Minister In respect of: '

a) Whether he has been informed of the low-cost housing development on plots 317, 344 and 392, Hekpoort in the Mogale City municipal area; if so, what are the relevant details with regard to (a) starting time and (b) time of completion;

(b). Whether there are plans to create sustainable settlement with facilities for community life and access to work opportunities in the said area; if so, what are the relevant details; if not,

(c). Whether such a plan will be drawn up; if so, (a) when and (b) by what date will it be put in action;


(d). Whether the said area will be rezoned for residential purposes; if not, what is the position in this regard; if so,

(e). Whether he will make a statement o rezoning agricultural land for housing or other uses?

2. Attached, as Annexure A please find a draft written responses, which has been prepared for your consideration.


3. Minister, it is recommended that you support the said response to Ms Dryer's questions.

ACTING DIRECTOR –GENERAL

DATE: 20 August 2009

DEPUTY MINISTER

DATE: 20 August 2009

Table 1.

PROVINCE

NO. QF HOUSES ALLOCATED

COST

Western Cape

None

None

Eastern Cape

None

None

Northern Cape

None

None

Free: State

None:

None

KwaZulu- Natal

2 pilot houses

R. 54 560. 00 per house

Gauteng

None

None

Mpumalanga

21

R 54 560.00 per house. .

North West

2

R. 43 506. 00 per house

Limpopo

43

R. 54 560. 00 per house


(2) (bbb) The information required in respect of the 2010/2011 financial year is not available at this moment.


(3) Yes. The SANDF has provided a preliminary data base containing the names of military veterans of the struggle who has registered on the official date base to date. The SANDF is currently in collaboration with the South African National Military Veterans Association (SANMVA) in the process to register all the veterans of the struggle. It is therefore not possible to indicate the total number of entries on the data bas. Currently, the preliminary data base contains some 20 000 names of military veterans.

(4). Yes. The verification of entries on the data base is being administered by the SANDF in cooperation with SANMVA. Where veterans of the struggle apply for a

Recommendation in paragraph 5 supported /or

QUESTION NO.: 618

DATE OF PUBLICATION: 07 August 2009

Mr M J Ellis (DA) to ask the Minister of Public Enterprises:

(1) Whether Transnet will transfer the (a) operation and (b) infrastructure of the narrow gauge railway line to the Eastern Cape Provincial Department of Transport and Safety; if not, why not; if so, what are the relevant details;

(2) whether Transnet will rehabilitate any other railway lines in the Eastern Cape where a service no longer operates; if not, why not; if so, what are the relevant details;

(3) whether the railway line between the Northern Cape and the Coega Industrial Development Zone will be upgraded; if not, why not; if so, what are the relevant details? NW701E

REPLY

(1)The narrow gauge railway line in the Eastern Cape Province forms part of the Transnet branch lines portfolio.The Transnet Board of Directors has mandated, subject to the Government's approval, the concessioning of the branch lines in line with the Branch Lines Strategy. Transnet is in discussions with the National Department of Transport and the Department of Public Enterprises on the implementation of this strategy and a policy announcement will follow in due course.

(2) Closed railway lines in the Eastern Cape Province, and anywhere in the Republic of South Africa, form part of the Transnet branch lines portfolio. Transnet does not intend to rehabilitate any other railway lines where a service no longer operates. However, discussions between Transnet and the National Department of Transport on the need for a financial mechanism to revitalise the branch lines including the closed sections are underway.

(3)The railway line between the Northern Cape and the Coega Development Zone is a strategic freight corridor connecting the mineral rich Northern Cape to the Coega IDZ. Feasibility studies to upgrade the railway line in order to meet the anticipated demand from this area were completed in 2008, and the infrastructure projects include the following:

· Lengthening of several crossing loops;

· Addition of new crossing loops;

· Lengthening of the running lines in the receiving and dispatching yards;

· Rehabilitation of the second line between Kimberley and De Aar; and

· Upgrading of the substations to increase power supply to the network.

The current infrastructure capacity on the line is deemed adequate for current and medium term demand, therefore investments in the current 5-year Transnet Capital Programme focuses on increasing rolling stock for the mix of commodities on the corridor.

The capital investment is however included in Transnet's National Infrastructure Plan and projects will be initiated in accordance with commercial growth.

QUESTION NO 619

DATE REPLY SUBMITTED: THURSDAY, 15 OCTOBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 07 AUGUST 2009 (INTERNAL QUESTION PAPER NO 7 – 2009)

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

How many (a) international and (b) domestic loading bays have been provided for (i) coaches, (ii) midibuses, (iii) minibuses and (iv) motorcar taxi operators at (aa) Oliver Tambo, (bb) Cape Town, (cc) Durban, (dd) Port Elizabeth, (ee) East London and (ff) Bloemfontein Airports?

NW704E

REPLY:

The Minister of Transport:

(a) and (b) The availability of loading bays at the various airports of the Airports

Company South Africa Limited (ACSA) is not split for international and domestic operations. The following table reflects the availability of loading bays:-

(i)

Coaches

(ii) and (iii)

Midi buses/Minibuses

(iv)

Taxi operators

(aa)

OR Tambo International Airport

Up to 150

Up to 45

Up to 50

(bb)

Cape Town International Airport

45

36

37

(cc)

New airport at La Mercy

30

20

25

(dd)

Port Elizabeth Airport

50

14

12

(ee)

East London Airport

22

12

20

(ff)

Bloemfontein Airport

22

28

7

QUESTION NO 620

DATE REPLY SUBMITTED: MONDAY, 14 SEPTEMBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 07 AUGUST 2009 (INTERNAL QUESTION PAPER NO 7 – 2009)

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

(1) Why is the section of road on the N12 between Beefmaster, outside Christiana, and Bloemhof being constructed higher than the normal ground level;

(2) what has been the cost of providing (a) extra sub-base material, (b) additional compaction machinery and (c) Armco barriers? NW705E

REPLY:

The Minister of Transport:

(1) As a civil engineer, the Honourable Member will appreciate the intricacies of the various design parameters that have to be considered in the construction of roads.

The South African National Roads Agency Limited (SANRAL) has advised me that there are a number of factors that determine the height of a road above the existing ground level. The design speed determines the geometry - vertical and horizontal alignment of the road; the engineering quality of the in-situ soils (if they are poor then more good soil has either to be added above it, or removed and replaced with good material in order to create a suitable stable foundation for the road); and stormwater drainage.

Sufficient cover has to be given to the above drainage structures that cross under the road so as not to damage the structure with the traffic and sufficient hydraulic head created in the drainage system so that the drains are free flowing away from the road into the nearest stream/river, i.e. a natural drainage system.

One other factor is the topography of the terrain that the road traverses through. In the case of the N12 Beefmaster to Christiana all of the above factors played a role, with drainage being the most dominant one.

The primary mode of failure of the existing road was that of potholing which was caused primarily due to the road pavement being damp due to the pavement layers being too close to the in-situ material which was water logged for long periods of the year and a partially functional stormwater system, which allowed water to dam up close to the road pavement, thereby allowing further ingress of moisture into the road pavement layers.

The old road was also possibly designed for a lower speed of perhaps 80 km/h or less.

Therefore, to comply with the design speed of 120 km/h and the stormwater drainage requirements, the final road level had to be raised to a higher level than the old road level, so that we do not repeat the mistakes of the past as detailed above.

(2) (a), (b) and (c)

The extra work necessary to achieve the above is an increase in the fill quantities below the road pavement layers and not that of the pavement layers such as the sub-base, base, et cetera. These remain relatively constant, immaterial of the road level. The additional fill quantity cost is approximately R1 million, including the compaction equipment, et cetera.

Very little additional Armco barriers were required. This cost is estimated at

R200 000, 00.

Thus, for an additional total cost of R1.2 million we have a road that is more robust for the climatic and traffic conditions in the area in question.

QUESTION NO.: 622

DATE OF PUBLICATION: 7 AUGUST 2009

622. Dr D T George (DA) to ask the Minister of Justice and Constitutional Development:

With regard to assistance granted by the Legal Aid Board in certain cases (details furnished), (a)(i) when and (ii) why was legal assistance granted in each case and (b)(i) when and (ii) why was legal assistance withdrawn in each case?

NW707E

Details furnished:-

CR Benson/National Credit Bureau- reference 00002892/97

CR Benson/ BJ Horn - reference 00002893/97

CR Benson/JSE – reference 00002894/97

CR Benson/Attorney's Fidelity Fund-reference 00004051/97

CR Benson/Old Mutual - reference 00004052/97

CR Benson/Herbsteins-reference 00004053/97

CR Benson/Minister of Justice-reference 00004045/97

CR Benson/Adv Tredoux-reference 00004055/97

CR Benson/BF O'Sullivan – reference 00004056/97

REPLY:-

All the cases mentioned in the question above, for which information is required, relate to matters that are now over 12 years old. In terms of Legal Aid SA policy, case files are only kept for a period of 7 years. Therefore, all these files are no longer available and hence the provision of the specific information sought is not possible.

Some of our staff who were familiar with Mr Benson's matters at the time have provided the following recollections for the reasons why legal aid would have been withdrawn in Mr Benson's matters at the time:

· Mr Benson terminated the Judicare attorney's mandate;

· The Judicare attorney appointed to assist in the matter reported to the LAB (as it then was) that the proposed litigation had no merit;

· The Legal Aid Guide was amended to include the assets of trusts of which a legal aid applicant was the beneficiary in the means test calculation. Mr Benson's late mother had left a testamentary trust which supported Mr Benson. In terms of this amendment of our Legal Aid Guide, Mr Benson could no longer claim to be indigent. This amendment remains in the 2009 Legal Aid Guide in paragraph 5.1.11 which was approved by Parliament in October 2008.

QUESTION NUMBER 623

DATE OF PUBLICATION: 7 AUGUST 2009

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

(1) Whether the investigation into governance failures at the Land and Agricultural Development Bank of South Africa (the Bank), has been concluded; if not, why not; if so, what were the (a) findings and (b) recommendations of the investigation;

(2) Whether individuals who received improper financial support from the Bank were identified; if not, why not; if so, who are these individuals;

(3) Whether any protection has been granted to the chief executive officer of the Bank; if not, under what conditions will such protection be granted to government officials or institutions; if so, what are the relevant details?

NW708E

Reply:

1. The investigation regarding alleged irregularities at the Land Bank is still under way. The Board is in charge of the investigation. All information emanating from the investigation will be verified and evaluated.

There are four forensic investigations that have been undertaken and concluded. These are:

- AGRIBEE CASE NO.: 300/11/2008

- Land for Development Unit (LDFU) CASE NO.: SEOU ENQUIRY 01/12/2007

(The above cases are with the SAPS' Serious Economic Offences Unit – Pretoria Branch)

- MAFISA CASE NO.: GP 69

- IT CASE NO.: GP 69

(The above cases are with the HAWKS (ex-Scorpions).

The report on all investigations has been forwarded to the appropriate authorities who have indicated that they still need to probe further to supplement the forensic reports.

(2) The Forensic Audit Report alluded to suspicious transactions with evidence implicating some individuals within the Bank. These are not conclusive and still require further probing. The reports were handed over to the relevant authorities for further investigation to determine whether these individuals received improper financial support from the Land Bank. The names of the individuals to be charged by the SAPS can only be released once SAPS authorizes such release.

(3) No protection has been granted to the Land Bank's Chief Executive Officer. The issue of protection of government officials or institutions has not arisen so far.

QUESTION NO 624

(Internal Question Paper No 7 - 2009)

Dr D T George (DA) to ask the Minister of Cooperative Governance and Traditional Affairs:

Whether any funds were allocated to remedy the flood damages in the UGU District along the south coast of KwaZulu-Natal in June 2008; if not, why not; if so, what amount was allocated?

ANSWER

Yes, an amount of R114, 762, 899. 00 was allocated to remedy the flood damages in Ugu District Municipality.

QUESTION NO 621

DATE REPLY SUBMITTED: THURSDAY, 10 SEPTEMBER 2009

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 07 AUGUST 2009 (INTERNAL QUESTION PAPER NO 7 – 2009)

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

Whether the Passenger Rail Agency of South Africa (Prasa) intends building a railway line from Motherwell to the Coega Industrial Development Zone; if not, why not; if so, what are the relevant details?

NW706E

REPLY:

The Minister of Transport:

The Passenger Rail Agency of South Africa (PRASA) intends building a railway line from Motherwell to the Coega Industrial Development Zone (CIDZ) in the future. To this end, PRASA has engaged with the Coega Development Corporation (CDC) and the Nelson Mandela Bay Metropolitan Municipality (NMBM) on the Industrial Development Zone (IDZ) and Motherwell Township developments, respectively, from the early stages of these developments.

PRASA, CDC and NMBM have already developed plans for commuter rail linkages to the Coega IDZ via the existing Transnet Freight Rail Corridor and the future Motherwell Rail Corridor. Once successfully implemented this rail network would enable comprehensive servicing of the initial and future phases of the Coega IDZ.

The rail intervention for Coega, Motherwell and environs is planned in three phases of priority for implementation:-

Phase 1 = 7,5 km extension into Motherwell with planning completed. Detail design to commence on obtaining funding for the project.

Phase 2 = Additional 10 km extension, completing a full loop through Motherwell, consisting of a total of 17.5 km over the medium term.

Phase 3 = Spur-Link from Motherwell into Coega for the medium to long term. The Coega spur is dependent on completion of the full Motherwell loop, phases 1 and 2.

The 2006 Regional Rail Plan and the 2008/09 Comprehensive Integrated Transport Plan confirmed the future Motherwell and Coega rail connections as necessary transport interventions in the future. The Motherwell Rail Corridor (Phase 1) is considered a priority future rail corridor and the Coega linkages as a medium to long term requirement once the Coega IDZ has experienced greater development.