Questions & Replies: Question & Replies No 851 to 875

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2009-09-04

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

QUESTION NO: 851

DATE OF PUBLICATION: 21 August 2009

QUESTION PAPER NO: 10

DATE OF REPLY: 8 September 2009

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

(a) What is the status of the work that was done by Sentech in planning and implementing the Dinaledi Project network since it was awarded a contract in 2006?

(b) How much of the budget has been spent?

(c) On what was it spent?

(d) What is the reason for the lack of implementation of this project?

(e) What steps are being taken to identify the problems being experienced and to get the project on track?

(f) Who is responsible for taking these steps

(g) What deadline has been set on deciding the future of this project?

NW1001E

REPLY:

(a) With regard to the status of the work that was done by Sentech in planning and implementing the Dinaledi Project network since it was awarded a contract in 2006, the following information can be provided.

(i) In 2007 the Board, Department of Communications and National Treasury agreed that Sentech should exit retail broadband and rollout a national wholesale network. Furthermore, in April 2007, government departments were directed by the Presidency to identify major priorities with national impact which were to be implemented during the following two years, leading up to the end of the then government's mandate period. These priorities were to be identified using criteria such as eradicating poverty; accelerating economic growth and inclusion; increasing the organisation and capacity of the state to deliver; reaching out to youth and women as well as improving the country's skills base. These priorities culminated with the announcement by the State President in the 2008 State of the Nation Address (SONA) of the 24 Apex Priority Projects. Amongst these priorities, was the Department of Communications' Apex Priority Project 3. The strategic intent of this project was to implement the national Information Society and Development (ISAD) Plan and increasing the uptake and usage of Information Communication Technologies (ICTs) by individuals and government. The DOC viewed this project as a catalyst towards increasing the uptake and usage of ICTs. Apex Priority Project 3 is centred around building an inclusive Information Society by providing connectivity to 233 of the 500 Dinaledi schools.

(ii) Accordingly, in terms of the Apex Priority Project 3, Sentech was identified to rollout connectivity to schools, hospitals, clinics, Thusong post offices, Thusong Centres (previously known as Multipurpose Community Centres) and Government offices throughout the country. The focus was on rural and underserviced areas. The Department of Communications (DoC) further identified that Sentech should rollout to 500 Dinaledi schools spread throughout South Africa and preferred using Wimax technology.

(iii) In October 2007, in the mid term expenditure budget, Sentech was allocated R500 million for the National Wholesale Broadband Network (NWBN) out of a funding requirement of R3.8 billion. According to the NWBN business plan, the R3.8 billion funding requirement was required over 5 years. The 500 Dinaledi schools formed the core of the NWBN business plan. In the allocation of the R500million, National Treasury indicated that the use of these funds would be subject to approval of a business plan by both DoC and National Treasury. National Treasury in the allocation letter further indicated that additional funding could be raised from the market.

(iv) Various versions of the NWBN/Dinaledi Schools project business plans were submitted to DoC and National Treasury for approval. In the business plan the Company outlined the different sources of funding and the advantages and disadvantages. The business plan further emphasized that in order to achieve the objective of providing connectivity primarily to rural and underserviced areas, Government had to provide the required funding. If Sentech has to secure the balance of the funding from the market, the business model would in turn be dictated by the market.

(v) Whilst the discussions on the approval of the business plans were ongoing, Sentech proceeded with planning and implementation of the project plan to the extent that it would not spend the R500 million until the business plan(s) were approved. This included:

· Confirming the list of the 500 Dinaledi schools. This involved regular meetings between Sentech and officials from DoC and Department of Education as the list was constantly changing based on considerations such as – whether the identified schools had electricity/computer labs etc.;

· With the assistance of DoC e-cadres, physically visiting the identified schools to determine the GPS coordinates and determining whether the were any hospitals, clinics, post offices or Government offices within the coverage area;

· Based on the information secured under above paragraph (ii), the coverage and network prediction was plotted;

· Issuing and adjudicating a tender for the supply of equipment; and

· Testing of the equipment (proof of concept).

(vi) Sentech had also provided DoC with an alternative rollout model using VSAT as part of phase 1 to provide connectivity to the 500 Dinaledi Schools. These schools would later be provided with connectivity under the NWBN project once approved. DoC however expressed a preference for rolling out a Wimax standard capable network.

(vii) The DoC was of the view that Sentech should immediately utilise the NWBN funding allocation of R500 million towards the 500 Dinaledi schools project. Bearing in mind that at R500 million the Dinaledi schools project is not financially sustainable and there are risks of contravening good governance principles inclusive of PFMA.

(b) No amount of the R500 million has been spent.

(c) Not applicable.

(d) Non approval of the NWBN or Dinaledi Schools project business and funding plans.

(e) The following steps are being taken to identify the problems being experienced and to get the project on track?

(i) In the third quarter of 2008, the late Minister of Communications requested Sentech to explore different rollout models using the R500 million. The outcome of that exercise was over a 10 year period, the options are as follows:

· Option 1: using the R500 million towards CAPEX and recovering OPEX from the end users. With this option Sentech would provide connectivity to 150 schools throughout South Africa; or

· Option 2: using the R500 million towards CAPEX and OPEX. With this option Sentech would provide connectivity to 120 schools throughout South Africa.

(ii) Dinaledi Schools project on its own would require continuous Government funding wherein within the broader NWBN rollout the cross subsidisation would partially alleviate the reliance on Government funding.

(iii) Following on the request from the Minister of Communications in June 2009, Sentech is exploring additional options on how the R500 million can be best utilised to provide connectivity to a province or two in a sustainable manner.

(f) Sentech and the DOC will be take joint responsibility to discuss the options given in the third in 2008 together with additional options, so that a final decision can be taken within the next few months.

QUESTION NO 852

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 2009-08-21: INTERNAL QUESTION PAPER NO. 10-2009

"Ms MR Shinn (DA) to ask the Minister of Science and Technology:

(1) Whether any progress has been made with regard to the establishment of the bachelor of indigenous knowledge systems qualification by 2010. If not, what is the position in this regard, if so, what progress

(NW102E)

REPLY:

(1) The development of the Bachelor of Indigenous Knowledge Systems (BIKS) Qualification started in 2006 and was completed in 2008. The qualification was developed in collaboration with the North West University, University of Limpopo and Venda University.

The South African Qualifications Authority (SAQA) guided the Department of Science and Technology and its partners throughout the process of developing the qualification until it was registered with SAQA in November 2008.

It is a four year professional degree with six main streams covering indigenous knowledge development and management, public health and medicine, food technology, socio-ecological studies, law and African technological innovations.

The Department of Science and Technology is in the process of marketing the qualification while at the same time developing Unit Standards for the courses under each stream. The Honours and Masters Qualifications were developed and submitted to SAQA in June 2009 and the outcome will be submitted to the Department of Science and Technology in November 2009.

Plans are underway to use the North West University as a pilot as of 2010. The reason for using the North West University is because the Mafikeng Campus has an established IKS within the Arts Department. Lessons learnt from the pilot in 2010 will be used to implement the qualification in other universities throughout the country from 2011.

NATIONAL ASSEMBLY

WRITTEN TO ORAL REPLY

QUESTION 854

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 21/08/09

(INTERNAL QUESTION PAPER 10-2009)

Dr WG James to ask the Minister of Higher Education and Training:

What budget was set aside for the work of the Ministerial Committee for the Review of the National Student Financial Aid Scheme;

Whether the committee is on schedule to report by the deadline of 10 December 2009; if not, why not; if so what are the relevant details? NW1004E

REPLY:

No specific budget was allocated for the work of the committee. The work of the committee is being supported through operational funds of the Higher Education branch of the Department of Education.

Yes, the committee is scheduled to provide my office with an initial report by December 2009.

QUESTION 855

FOR WRITTEN REPLY

Date of publication on internal question paper: August 2009

Internal question paper no:

Ms H Lamoela (DA) to ask the Minister of Social Development:

(1) (a) What percentage of SA Social Security Agency's (SASSA) budget goes to payment of contractors, (b) what are the full details of the contractors who tender services on behalf of SASSA and (c) how does SASSA envisage paying grants to beneficiaries in a compatible manner? NW1005E

REPLY:

(1) (a) For 2008/2009 financial year 48.9 percent of the SASSA administration budget is allocated to contractors in terms of handling fees, amounting to R2,509,818, 000 nationally. This mechanism of payment was implemented since 2001 to 2003, progressively in the respective provinces. The contractors were also to reach deep rural areas and acquire new technology to pay out and curb any potential fraud. It is as a result of this that the cost is this high. A new method of payment is now under implementation as stated in this year's policy speech.

(b) The South African Social Security Agency (SASSA) uses the following contractors to pay grants to beneficiaries.

CONTRACTOR

PROVINCES

HEAD OFFICE

PERCENTAGE OF BENEFICIARIES – AUGUST 2009

Cash Paymaster Services (Pty) Ltd

· Eastern Cape

· Kwa-Zulu Natal

· Limpopo

· Northern Cape

· North West

Cnr Jan Smuts Ave & Bolton Road, Rosebank, Gauteng, 2121

41.15%

All Pay (Pty) Ltd

· Eastern Cape

· Free State

· Gauteng

· Western Cape

2nd Floor, United Building, c/o Kroon & van Wyk Streets, Roodepoort, 1725

25.01%

Empilweni Payout Services

· Mpumalanga

8 Jakaranda Street, Nelspruit, 1200

3.29%

South African Post Office

· Limpopo

· Mpumalanga

497, Cnr Schubart & Jacob Maree, Pretoria, 001

2.21%

Bankserve (including Postbank)

· All provinces

243 Booysens Road, Selby Road, Johannesburg, 2000

28.34%

(c) Due to the demographic nature of South Africa, SASSA envisages that some proportion of beneficiaries, particularly in rural areas will be paid in the form of cash. However, the intention is to gradually encourage beneficiaries migrating towards electronic payment, including the Postbank. The manner, in which contractors are appointed, has been managed within the framework of the Preferential Procurement Act.

We have already decided to implement the Memorandum of Understanding (MoU) which was signed between the Post Office and SASSA approximately two and a half years ago. This will ensure that we move towards electronic payment that also includes SASWITCH. Through this payment method, we will realize the following benefits:

· More efficient systems that minimise any criminal and fraudulent behaviour, enabling beneficiaries to withdraw their grants on any day of the month. No one will therefore target beneficiaries by stealing their money nor subject them to unintended expenditure.

· Government will save approximately R2b from current high transaction costs.

· Post Bank will be strengthened and therefore similar to other banks, be in a position to expand including into deep rural areas and help to fulfil the mandate of government.

QUESTION 856

FOR WRITTEN REPLY

Date of publication on internal question paper: 21 Aug 2009

Internal question paper no: 10

M H Lamoela (DA) to ask the Minister of Social Development:

(1) What are the main reasons for 54 000 nonprofit organisations (NPOs) being registered with her department;

(2) whether any mechanisms are in place to monitor and evaluate NPOs; if not, why not; if so, what are the relevant details? NW1006E

REPLY:

Honourable Member,

(1) Organisations apply voluntary for non-profit status in terms of section 12 of the Not for Profit Organisations Act, Act No. 71 of 1997 to gain body corporate status in terms of section 16 of the NPO Act. Government Departments and other funding agencies have made the NPO registration a requirement for funding organisations. Furthermore, for NPOs to open a banking account, they need to produce a NPO registration certificate as proof of their legal entity status. Therefore registering as an NPO gives an organisation legal status.

(2) Yes, DSD is responsible for the administration of the NPO Act and mechanisms are in place to monitor and evaluate NPOs by scrutinizing all submitted annual reports of registered NPOs as required in terms of section 18 of the NPO Act.

Monitoring measures further require that all registered NPOs must, in terms of section 17 of the NPO Act;

· Keep accounting records of all its financial transactions according to the standards of general accepted accounting practices {section 17(1)(a)} and preserve the organization's books of account, supporting vouchers, membership records, financial and other documents {section17(3)}.

· Draw up financial statements {section 17(1)(b)} and arrange for an accounting officer to prepare a written report {section17(2)}.

· In terms of section 18 of the Act, all registered organisations have a duty to provide reports and information to DSD. These reports and information include;

· An annual report i.e. a narrative of the activities, financial statements and the accounting report as contemplated in section 17 of the Act must be submitted within nine months after the end of the organisation's financial year.

· Details of any changes of the organisation's address at which the organisation should receive documents {section 18(1)(c)}.

· Details of any changes in the organisation's constitution or name (section 19).

· The mechanism to monitor the submission of reports by registered NPOs is based on the above mentioned provisions of the Act and reports are scrutinized accordingly on a yearly basis.

QUESTION 857

FOR WRITTEN REPLY

Date of publication on internal question paper: August 2009

Internal question paper no:

Ms H Lamoela (DA) to ask the Minister of Social Development:

(1) Whether the 27 100 acknowledgement of debts that were signed to recover illegal grants for the SA Social Security Agency include interest; if not, what is the position in this regard; if so, what is the interest rate;

(2) whether any mechanisms are in place for those who default to pay their debts; if not, why not; if so, what mechanisms? NW1007E

REPLY:

(1) Yes, acknowledgement of debts was signed inclusive of an interest rate of 15.5%

(2) Yes, there are mechanisms in place to deal with defaulters:

  • Defaulters are contacted telephonically;
  • If a debtor is unavailable - a reminder will be logged to phone again the following day;
  • Voice mail messages are left on cell phones for a debtor to urgently respond to the call.
  • SMS messages are sent to a debtor to contact the Special Investigating Unit (SIU) as and when required.
  • Where information regarding the debtor is insufficient to conduct a follow up or if contact numbers are no longer operational, an ITC check is done to trace the debtor. If no new information is found on ITC, a list of all untraceable debtors is prepared and forwarded to the investigator/ tracer in the region to assist. In addition negotiations with Employers are done to assist with salary deductions. Collection of payments, are done, via debit orders, stop orders, cash deposits and salary deductions.

    QUESTION NO 858

    DATE OF PUBLICATION: FRIDAY 25 AUGUST 2009 [IQP No 10 -2009] FIRST SESSION, FOURTH PARLIAMENTQuestion 858 for Written Reply: National Assembly,

    Mr P J C Pretorius (DA) to ask the Minister of Agriculture, Forestry and Fisheries:

    (1) Whether existing forests can meet the current and future domestic and timber-related needs; if not, why not;

    (2) whether any new tracts of land have been identified or acquired for planting new forests; if not, why not; if so, (a) where is this land situated, (b) when was the land identified or acquired for forestation, (c) when will the land be developed and (d) what is the size of the land, in each case? NW1008E

    REPLY:

    (1) No, the demand for timber and timber products has steadily increased in a way that outstrips the supply. The demand is projected to continue to increase in decades to come. For the period 2005 – 2009, the total timber supply from the 1 266 194 hectares plantation area is estimated at 20 550 761 tons, whilst the total demand is 23 249 214 tons; representing a deficit of 2 698 453 tons. These figures are summarized in the table below:

    Period

    Total Supply

    (tons)

    Total Demand

    (tons)

    Surplus (+) / Deficit (-)

    (tons)

    (%)

    2005 – 2009

    20 550 761

    23 249 214

    - 2 698 453

    - 13.1

    2010 – 2014

    20 087 199

    23 932 910

    - 3 845 711

    - 19.1

    2015 – 2019

    18 609 931

    24 650 053

    - 6 040 122

    - 32.5

    2020 – 2024

    19 454 356

    25 448 516

    - 5 994 160

    - 30.8

    2025 – 2029

    18 666 332

    26 372 899

    - 7 706 567

    - 41.3

    2030 – 2034

    18 134 701

    27 501 409

    - 9 366 708

    - 51.7

    Estimated Sustainable Supply

    19 250 547

    25 192 500

    - 5 941 953

    - 23.2

    The shortages is attributed, but not limited, to a number of issues, including the following:

    § Limited suitable areas available for new afforestation.

    § A restrictive regulatory burden that hampers the issuance of licenses.

    § Approximately 65% of privately owned plantations are under land claims and this will have an impact on the sector, especially in terms of securing the resource for future operations.

    § The impact of fires, e.g. in South Africa, according to FAO (2009), approximately 64 000 ha of plantation was destroyed by fires in 2007 and in 2008 about 25 000 ha were lost to fires; causing great financial loss and placing additional strain on the short, medium and long term supply situation.

    § Pests and diseases are also impacting on timber production. For example, in Pine stands Sirex cause serious problem. Other pests and diseases that require intervention include Thaumastocoris peregrinus, Leptocybe invasa and Eucalyptus nitens. Serious problems are also being encountered in stands of Eucalyptus throughout the country as a result of infestation by Thaumastocoris peregrinus. Cold tolerant Eucalyptus nitens is also being attacked by the Cossid Moth. During 2007 a new pest by the name of Leptocybe invasa arrived in South Africa, which is considered a major threat to plantations of Eucalyptus. In all, about 15 – 20% of the entire forestry estate is being impacted upon by various pests and diseases resulting in unaffordable timber losses.

    Some of the impacts of climate variability are also being felt by the Forestry Industry with plantation yields dropping in specific areas and mortality as a result of fires and pests and diseases increasing. Extensive research on its impacts should be done in partnership between Industry and Government, with attention being focused on greater site-species matching and variation in genus and species being planted, amongst others.

    (2) Yes

    (a) Mainly Eastern Cape and KwaZulu-Natal with limited areas in Limpopo, and Mpumalanga.

    (b) The Department conducted a Strategic Environmental Assessment (SEA) in the Eastern Cape in 2006 and basic assessments in Limpopo in 2008; and in Mpumalanga and KwaZulu-Natal in 2009. The potential land for afforestation was identified through these processes.

    (c) The majority of the land identified for afforestation is communal land and the land can only be afforested once the required authorisation in terms of the National Environmental Management Act, 1998 (Act No 107 of 1998) and the National Water Act, 1998 (Act No 36 of 1998) has been obtained.

    (d) In Eastern Cape an estimated 100 000 ha has been identified; in Limpopo 6 000 ha; in Mpumalanga 10 000 ha; and in KwaZulu-Natal 39 000 ha.

    QUESTION NO 861

    DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 21 AUGUST 2009 (INTERNAL QUESTION PAPER NO 10-2009)

    Prof A Lotriet (DA) to ask the Minister of Arts and Culture:

    (1) Whether the Telephone Interpreting Service for South Africa (Tissa) is still operational; if not, why not; if so, (a) at (i) how many an (ii) which venues is Tissa available and (b) what is the user frequency of the service at the difference venues;

    (2) Whether the service will also be available in foreign language during the 2010 Soccer World Cup Tournament; if not, why not; if so, what are the relevant details?

    NW1011E

    REPLY:

    (1) The Tissa project is not functioning at the moment. The DAC has instituted legal proceedings against the Golola Consortium and as such litigation is pending a decision by the court, this matter is sub judice and no. information can be provided on the court case as it may be prejudicial to the outcome of the case.


    QUESTION NO 863

    DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 AUGUST 2009

    (INTERNAL QUESTION PAPER NO 10 - 2009)

    Date reply submitted : 14 September 2009

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

    (1) (a) What is the job description of the National Police Commissioner=s Chief Operating Officer, (b) what is the salary scale for this position, (c) who is the person appointed to this position, (d) what are the credentials of this person, (e) when will the person assume working in this position and (f) what is the length of the contract for this person;

    (2) whether this is an existing position; if not; what is the position in this regard; if so, (a) when was this position first created and (b) who was the person appointed in it for each of the years since its creation?

    NW1014E

    REPLY:

    (1) and (2) Presently, no such post exists in SAPS. The possibility exists to create a post in future if needed at National level, subject to the necessary feasibility study

    QUESTION NO 864

    DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 AUGUST 2009

    (INTERNAL QUESTION PAPER NO 10 - 2009)

    Date reply submitted : 14 September 2009

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

    (1) Whether the Independent Complaints Directorate (ICD) forms part of the line function of the SA Police Service; if not, what is the position in this regard; if so, what are the relevant details;

    (2) whether the SAPS can request information from the ICD; if not, why not; if so,

    (3) with reference to his reply to Question 431 on 4 August 2009, why was the SAPS unable to obtain information from the ICD?

    NW1015E

    REPLY:

    (1) The Independent Complaints Directorate (ICD) does not form part of the line function of the South African Police Service. The ICD resorts under the Minister of Police but is totally independent from the Police Service.

    (2) Yes.

    (3) The South African Police Service was able to obtain the information from the ICD, but assumed that the Member of Parliament required figures from the South African Police Service, since the Member of Parliament requested the information from the South African Police Service and not from the ICD.

    QUESTION NO 865

    DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 AUGUST 2009

    (INTERNAL QUESTION PAPER NO 10 - 2009)

    Date reply submitted : 14 September 2009

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

    Whether it is a policy of the SA Police Service not to promote or appoint any person with a criminal charge pending; if not, what is the position in this regard; if so, what are the relevant details?

    NW1016E

    REPLY:

    It is not the policy of the South African Police Service not to promote or appoint any person with a criminal charge pending. However, it is required of applicants who apply for posts to declare pending criminal charges/criminal convictions and to disclose the particulars thereof. The merits of the pending criminal charge(s)/conviction(s) are duly considered to establish the suitability of an applicant to function effectively in the post applied for. Consider including the principle of innocent until proven guilty.

    QUESTION NO 866

    DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 AUGUST 2009

    (INTERNAL QUESTION PAPER NO 10 - 2009)

    Date reply submitted : 7 October 2009

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

    (1) Whether the SA Police Service is investigating reports (details furnished) alleging that children are being smuggled underground to have sex with illegal miners; if not, why not; if so, (a) at what stage is the investigation at present, (b) what steps will be taken to prevent this from occurring again and (c) what are the further relevant details;

    (2) whether the perpetrators of these crimes will be charged; if not, why not; if so, what steps?

    NW1017E

    REPLY:

    (1) Yes.

    (1)(a) The SA Police Service (SAPS) has formed a Provincial Task Team in Welkom to investigate reports of illegal miners and their illicit activities perpetrated in the mines situated on the Goldfields. The Task Team is involving a number of other parties like mine security, Department of Home Affairs Immigration officials and the Department of Mineral and Energy Affairs officials in their investigations. Subsequently, almost daily arrests of illegal miners are taking place since the formation of the task team. Further questioning of these suspects could not confirm that children are indeed smuggled into the mines specifically for the purpose of sexual abuse.

    (1)(b) Mine security, supported by the SAPS, have implemented steps to prevent illegal miners from entering the mines.

    (1)(c) Steps include more patrols, visible presence and heightened access control to the underground.

    (2) Yes. Since 1 July 2009 when the task team was formed, one hundred and forty (140) persons were arrested of which only two (2) were juveniles. Charges range from attempted theft of mine property, trespassing, possession of stolen property to conspiracy to commit the afore-mentioned crimes. Illegal immigrants are deported on finalization of their court cases.

    QUESTION NO.: 869

    DATE OF PUBLICATION: 21 August 2009

    Ms N W A Michael (DA) to ask the Minister of Justice and Constitutional Development:

    REPLY:-

    (1) Whether the Legal Aid Board (LAB) has had any budgetary cutbacks since 1 July 2009; if so, what are the relevant details;

    (2) whether any external legal professionals assist the LAB; if not, why not; if so, in what capacity;

    (3) Whether there is any restriction on the number of cases that can be handled by each professional per month; if not, why not; if so, what are the relevant details;

    (4) (a) how many in-house attorneys work at the major LABs in each metro and (b) what are their case loads;

    (5) whether there have been any staff cutbacks at the LAB during the past six-month period for which information is available; if not, what is the position in this regard; if so, to what extent? NW1020E

    REPLY:-

    (1) Legal Aid South Africa has had no budgetary cutbacks for this financial year.

    (2) Legal Aid SA makes use of private practitioners to render legal aid as part of the Judicare system. We currently have in excess of 1600 external legal practitioners accredited on our Judicare system. In the 2008/09 financial year 35,723 (or 8,2%) of all legal aid new matters (of the total 434,922 matters), were delivered by Judicare practitioners.

    Legal Aid SA has also signed co-operation agreements with university law clinics and non-governmental organisations that render legal aid services on their behalf. These co-op partners employed legal practitioners who perform this function for them. Legal Aid SA also has an agreement with the Centre for Child Law to provide their practitioners involved in matters affecting children with support as required.

    (3) Legal Aid SA makes use of a practitioner per court model. In terms of this model, all matters requiring legal aid at a particular court are automatically allocated to the practitioner assigned to that court. There is therefore no restriction on the number of matters that can be assigned to a practitioner for a month. Our Justice Centres are however required to monitor the pending case-load of all their practitioners to ensure that they do not take on more cases than can be handled. Where such a situation arises, our Justice Centres are required to increase our practitioner ratio at that court or increase our use of Judicare at that court.

    (4) The table below indicates the number of practitioners at each of our Justice Centres located in the major metro areas. This excludes all legal supervisory/management positions.

    Name of Judicare Centre

    No of Candidate Attorneys

    No of Professional Assistants

    No of High Court Practitioners

    Total number of Practitioners

    Johannesburg JC

    20

    25

    11

    56

    Pretoria JC

    16

    26

    10

    52

    Durban JC

    19

    24

    6

    49

    Cape Town JC

    11

    16

    12

    39

    Port Elizabeth JC

    21

    24

    5

    50

    Bloemfontein JC

    8

    20

    7

    35

    All practitioner caseloads are monitored at the Justice Centres. Practitioners serving in the District Courts are required to finalise many more matters than those serving in the Regional Courts, noting that their cases are usually less complex and are able to be finalised in a shorter period. However, at any point in time, practitioners should not carry more than 150 matters in District Court or 125 matters in Regional Courts or 75 matters in High Courts. This target is sometimes not achieved, especially where the demand at courts are high or where the practitioner ratio per count is insufficient.

    (5) There has been no staff cutback at Legal Aid SA during this financial year. All staff positions at all their offices are budgeted for and recruitment programmes are followed to fill all vacancies that exist from time to time. The recruitment level as at March 2009 was 94%.

    QUESTIONS 870

    FOR WRITTEN REPLY

    870. Mr A C Steyn (DA) to ask the Minister of Human Settlements:

    (1) Whether the customer service hotline where the public can report corruption or fraud in housing is in operation; if not, why not; if so, (a) how many cases of irregularities have been reported and (b) what is the nature of the irregularities;

    Answer: The customer services hotline in the Department of Human Settlements is in operation, and the operational hour's starts from 06:00-22:00

    (a) The cases of irregularities reported is 3

    (b) The nature of irregularities is as follows:

    · Councillors selling houses to their relatives

    · Housing demand database not transparent

    · People are being pushed at a certain prize to be on the Housing Demand databaselist

    · Title deed in somebody's else name

    (2) Whether any cases has been referred to the SA Police Service; if not, why not; if so, how many (a) cases have been referred and (b) suspects have been (i) arrested and (ii) charged thus far?

    (a) Three (3) cases received from call centre since August 2009.Those cases are still under investigation by our internal forensic team and can only be referred to SAPS after we have concluded our investigation. However there is no automatic referral to SAPS .We gather more facts and conduct case analysis , in order to establish whether these cases would warrant a criminal investigation or not.

    (b) No suspect arrested as the matter is still under investigation

    (c) No Charges

    QUESTION 871

    INTERNAL QUESTION PAPER [NO 10-2009]

    DATE OF PUBLICATION: 21 AUGUST 2009

    871. Ms A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

    (1) Whether the Commission on the Restitution of Land Rights constantly offer the same prices as recommended by its valuators when buying land for restitution purposes; if not, how did the commission determine the prices offered; if so, (a) how were fair market prices established and (b) what are the further relevant details;

    (2) whether he has been informed of examples of methods used in cases where the prices recommended by valuators were not used; if so, what are the relevant details? NW1022E

    THE MINISTER FOR RURAL DEVELOPMENT AND LAND REFORM

    (1) No. The Commission on Restitution of Land Rights uses valuation reports as a negotiating tool only. The Commission also uses comparative scales for particular districts which are obtained from the commercial banking sector. The valuation reports are then considered in relation to these comparative scales when negotiating land prices with land owners.

    (a) & (b) Fall away.

    (2) Yes. The Commission looks at commodities in specific areas and prices in terms of benchmarked figures for that commodity.

    QUESTION 872

    INTERNAL QUESTION PAPER [NO 10-2009]

    DATE OF PUBLICATION: 21 AUGUST 2009

    872. Ms A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

    (a) How many land claim cases are still under investigation in Limpopo, (b) what plans are in place to finalise the outstanding claims and (c) when will they be finalised? NW1023E

    THE MINISTER FOR RURAL DEVELOPMENT AND LAND REFORM

    (a)422.

    (b) The Regional Land Claims Commissioner: Limpopo (RLCC: Limpopo) has established a focused research team to deal with all the outstanding claims.

    (c) The RLCC: Limpopo has projected to settle these claims by 2012, subject to the availability of funds. Settlement of these claims is projected as follows:

    2009-2010: 180 claims

    2010-2011: 180 claims

    2011-2012: 62 claims

    QUESTION 873

    INTERNAL QUESTION PAPER [NO 10-2009]

    DATE OF PUBLICATION: 21 August 2009

    873. Ms A Steyn (DA) to ask the Minister of Rural Development and Land Reform:

    (1) How many land claims have been finalised in Limpopo in the past five years;

    (2) whether all previous owners received their full amount for their land; if not, (a) why not and (b) what amount is involved; if so, what was the total amount paid in each of the past five years? NW1024E

    THE MINISTER FOR RURAL DEVELOPMENT AND LAND REFORM

    (1) The Regional Land Claims Commission: Limpopo has settled 983 claims in terms of section 42D of the Restitution of Land Rights Act, 1994 (Act No 22 of 1994) for the preceding five financial years up to and including 31 March 2009. It should be noted however that implementation thereof is still ongoing and consequently cannot be categorised as finalised.

    (2) No.

    (a) Full payment to landowners could not be effected for the following reasons:

    - Transfers were temporarily halted due to budgetary constraints;

    - in loco inspections were outstanding; and

    - transfers were delayed by conveyancers.

    (b) Approximately R112 million.

    QUESTION NO 861

    DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: FRIDAY, 21 AUGUST 2009 (INTERNAL QUESTION PAPER NO 10-2009)

    Prof A Lotriet (DA) to ask the Minister of Arts and Culture:

    (1) Whether the Telephone Interpreting Service for South Africa (Tissa) is still operational; if not, why not; if so, (a) at (i) how many an (ii) which venues is Tissa available and (b) what is the user frequency of the service at the difference venues;

    (2) Whether the service will also be available in foreign language during the 2010 Soccer World Cup Tournament; if not, why not; if so, what are the relevant details?

    NW1011E

    REPLY:

    (1) The Tissa project is not functioning at the moment. The DAC has instituted legal proceedings against the Golola Consortium and as such litigation is pending a decision by the court, this matter is sub judice and no. information can be provided on the court case as it may be prejudicial to the outcome of the case.

    QUESTION NO 866

    DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 21 AUGUST 2009

    (INTERNAL QUESTION PAPER NO 10 - 2009)

    Date reply submitted : 7 October 2009

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

    (1) Whether the SA Police Service is investigating reports (details furnished) alleging that children are being smuggled underground to have sex with illegal miners; if not, why not; if so, (a) at what stage is the investigation at present, (b) what steps will be taken to prevent this from occurring again and (c) what are the further relevant details;

    (2) whether the perpetrators of these crimes will be charged; if not, why not; if so, what steps?

    NW1017E

    REPLY:

    (1) Yes.

    (1)(a) The SA Police Service (SAPS) has formed a Provincial Task Team in Welkom to investigate reports of illegal miners and their illicit activities perpetrated in the mines situated on the Goldfields. The Task Team is involving a number of other parties like mine security, Department of Home Affairs Immigration officials and the Department of Mineral and Energy Affairs officials in their investigations. Subsequently, almost daily arrests of illegal miners are taking place since the formation of the task team. Further questioning of these suspects could not confirm that children are indeed smuggled into the mines specifically for the purpose of sexual abuse.

    (1)(b) Mine security, supported by the SAPS, have implemented steps to prevent illegal miners from entering the mines.

    (1)(c) Steps include more patrols, visible presence and heightened access control to the underground.

    (2) Yes. Since 1 July 2009 when the task team was formed, one hundred and forty (140) persons were arrested of which only two (2) were juveniles. Charges range from attempted theft of mine property, trespassing, possession of stolen property to conspiracy to commit the afore-mentioned crimes. Illegal immigrants are deported on finalization of their court cases.

    QUESTION NO 860
    FOR WRITTEN "REPLY
    DATE OF PUBUCATION IN INTERNAL QUESTION PAPER: 21 AUGUST 2009 (INTERNAL QUESTION PAPER NO 10-2009)
    860. Prof A Lotriet (DA) to ask the Minister of Arts and Culture:

    1. whether there has been any progress regarding the standardization of South African Sign Language (SASL); if not, why not. if so, what Is the envisaged date of completion?

    REPLY:

    Much progress has been made regarding the standardization of South African Sign Language (SASL). However, this is an ongoing process.

    Pan South African Language Board (PanSALB) has held a consultative meeting to discuss the process of the revision of spelling and orthography rules (language standards) for the nine official African languages. Representatives of the South African Sign Language Board were invited to attend the meeting which focused on how language standards are developed towards shaping language used In different contexts. This gave birth to ongoing consultative meetings.

    Achievements include the following milestones:

    · Health Terminology List for SASL

    · Training of SASL interpreters from nine provinces

    · Training of health workers in SASL

    · Deaf Awareness campaign

    · Workshop for Parents of Deaf Learners

    · Groundbreaking conference to discuss early childhood development for children with hearing loss (Wits University)

    · Schools Debate for Deaf Learners