Questions & Replies: Question & Replies No 1326 to 1350
2009-10-12
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[PMG note: Replies are inserted as soon as they are provided by the Minister]
QUESTION NO 1347
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 SEPTEMBER 2009
(INTERNAL QUESTION PAPER NO 17 - 2009)
Date reply submitted : 16 November 2009
Mr P van Dalen (DA) to ask the Minister of Police:
(1) Whether a certain case (details furnished) was withdrawn; if so,
(2) whether the withdrawal of the case was influenced by any detective or other member of the SA Police Service; if not, what is the position in this regard; if so, (a) what action was taken or will be taken against the SAPS member and (b) what are the further relevant details;
(3) whether this case will be put back on the court role for prosecution; if not, why not; if so, when;
(4) whether this case should have been investigated by the organised crime unit; if not, why not; if so, why was it not done;
(5) whether there are any other similar cases which should be investigated by the organised crime unit; if so, (a) why have these cases not been handed over and (b) what are the further relevant details?
NW1702E
REPLY:
(1) Yes. On 12 June 2009 the Public Prosecutor of the Wynberg Court 3 provisionally withdrew the case for two reasons:
- An identity parade is to be held for the complainants - Copper Cable Theft Unit of Cape Town Municipality must clearly indicate what each of the seven suspects were doing at the time of the operation.
- A member of the Copper Cable Theft Unit is to submit an affidavit with regard to photos taken by him at the scene. After intervention the Public Prosecutor indicated that it is no longer required to hold an identity parade. Photos of the suspects are to be viewed by members of the Copper Cable Theft Unit who are to state what each suspect was doing at the time of the operations. The Public Prosecutor will also issue a summons for the accused to appear in court after above-mentioned investigation has been completed.
(2) No.
(3) Yes, a summons will be served on the suspects. A new court date is not yet available.
(4) No. The theft of copper cable does not fall within the mandate of the Organised Crime Unit, Western Cape. Reported cases are dealt with by Detectives in which station precinct the incident occurred.
(5) No. The theft of copper cable does not fall within the mandate of the Organised Crime Unit, Western Cape.
THE NATIONAL ASSEMBLY
QUESTION FOR WRITTEN REPLY
Question 1346
Mrs S P Kopane (DA) to ask the Minister of Trade and Industry:
(1) Whether members of the new National Lotteries Board have been selected; if not, why not; if so, what are their names;
(2) Whether the board members have signed performance agreements; if not. (a) why not and (b) what other measures are being used to speed up the rate at which funding allocations are approved; if so, what are the relevant details? NW1100E
Response:
(1) The process of selecting the new members of National Lotteries Board is underway and at an advance stage. The Portfolio Committee on Trade and Industry has scheduled interviews to take place from 27 October 2009 and the recommendation of candidates to the Minister will be finalized on 03 November 2009.
(2) (a) Service level and performance agreements with the new Board will be entered into once they have been appointed.
(b) the dti has identified a number of administrative challenges: which are currently being addressed through the sub-committee established by the Minister. The Minister is also in the process of issuing regulations to ensure consistency and transparency in the grant making process. the dti will continue to improve the application process to ensure that it benefits worthy causes and that its reach Is as wide as possible.
QUESTION NO. 1345
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 SEPTEMBER 2009
(INTERNAL QUESTION PAPER NO. 17)
Mr M Waters (DA) to ask the Minister of Health:
(1) Whether he has authorised any of the provincial departments to allow nurses to dispense medication; if not, what is the position in this regard; if so, which provinces;
(2) whether he intends expanding the number of nurses who are licensed to dispense medicine; if not, what is the position in this regard; if so, what plans are in place to achieve this?
NW1696EREPLY:
(1) It is a legislative provision that a nurse may apply for a licence to dispense. Section 22C of the Medicines and Related Substances Act, 1965 (Act 101 of 1965) as amended states "The Director-General may on application in the prescribed manner and on payment of the prescribed fee issue to a medical practitioner, dentist, nurse or other person registered under the Health Professions Act, 1974, a licence to compound and dispense medicines, on the prescribed conditions".
Those nurses who do not have a licence to dispense, were authorised to dispense in terms of Section 38A of the Nursing Act, 1978 (Act 50 of 1978).
This section allows the Director-General, the Head of a Provincial Department of Health, the Medical Officer of Health of a Municipality or the Medical Practitioner in charge of an Organisation to authorise nurses to perform any act with reference to examining, diagnosing, or the keeping of prescribed medicines and their supply, administering or prescribing on the prescribed conditions – only in the absence of a medical practitioner or pharmacist.
Section 38A has been included in the Nursing Act, 2005 (Act 33 of 2005) under Section 56(6).
This authorisation is not restricted to any particular province.
(2) Yes. However, Section 56 (6) of the Nursing Act, 2005 (Act 33 of 2005) is still applicable.
QUESTION NO. 1344
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 SEPTEMBER 2009
(INTERNAL QUESTION PAPER NO. 17)
Ms E More (DA) to ask the Minister of Health:
(1) Whether his department commissioned anyone to produce condoms on its behalf for free distribution since 1 January 2008; if not, why not; if so, (a) what was the name of each company that was commissioned to produce such condoms, (b) what was the value of the contract, (c) what quantity was specified by the contract to be produced and (d) how long was each contract period;
(2) whether any of these service providers produced condoms which subsequently had to be recalled; if so, (a) which service providers, (b) what quantity had to be recalled, (c) what was the total value of the condoms that had to be recalled, (d) which provinces were affected and (e) what was the reason for the recall?
NW1695E
REPLY:
(1) The current contract, RT75-2009MF for the procurement and distribution of male and female condoms, administered by National Treasury, was awarded for a two year period starting from 01 July 2008 until 30 July 2010. Only six suppliers were contracted, five of which are importing and only one buying from the local manufacturer in Tongaat, KwaZulu/Natal.
The Department of Health procures SABS-compliant tested male latex condoms through a tender system that adheres to World Health Organisation (WHO) and Department of Health quality assurance standards and specifications.
The procured condoms are then distributed through different outlets varying from public and private sector facilities, NGOs, CBOs, tertiary institutions, and other non-traditional outlets like taverns, shebeens, spaza shops, workplace and airports, etc, at no cost to the end user.
The procurement of the current RT75-2008MF is 900 million condoms for 2008-2010, assuming a ratio of 450 million in year one and 450 million in year two of the contract.
The following table reflects the information on the suppliers of the Department's condoms (2008-2010)
| Contactor | Maximum contract quantity | Allocated % | Unit price per 200 pieces | Type |
| SKC Latex | 76 500 000 | 17% | R44.00 | Importer |
| Super International | 76 500 000 | 17% | R43.70 | Importer |
| Khusela distributors | 76 500 000 | 17% | R43.35 | Importer |
| Sekunjalo Investment Corporation | 72 000 000 | 16% | R43.68 | Importer |
| Bathathe Health | 72 000 000 | 16% | R45.50 | Importer |
| Med E-SA | 76 500 000 | 17% | R43.25 | Local |
TOTAL: 450 000 000 – 100% (Avg/200) R44.00/annum. Total value: R103 million.
(2) During the current tender that started on 01 July 2008, no condoms were recalled, according to the knowledge of the Department.
WRITTEN QUESTION NO 1343
Date of publication on internal question paper: September 2009
Internal question paper no:
Mrs H Lamoela (DA) to ask the Minister of Social Development:
(1) Whether draft regulations for the Older Persons Act No 13 of 2006 were published in the Government Gazette; if not, why not; if so, when;
(2) whether the final version of the regulations was submitted to the Minister of Finance for his concurrence; if not, why not; if so, when;
(3) whether any further consultations on these regulations are contemplated; if not, when will they be gazetted; if so, (a) when and (b) in respect of which clauses;
(4) what will be the impact on the treatment of the elderly if the publication in the Government Gazette of these regulations are delayed? NW1694E
REPLY:
(1) Yes, the Regulations were published in November 2007 in a Government Gazette vol. 509
(2) Yes, the Regulations were submitted to the Minister of Finance on 13 July 2009
(3) No, There are no further consultations contemplated
a) The Regulations will be gazetted when the Proclamation relating to the commencement of the Older Persons Act no 13 of 2006 is signed by the President.
b) As soon as the Minister of Finance has concurred with the Regulations, A proclamation for the commencement of the Act will be submitted to the Minister of Social Development for submission to the President.
(4) No real negative impact can be measured, the provinces are currently rendering both community and institutional Care services to the elderly in accordance to the policy on Older Persons and the Older Person's Act.
QUESTION NUMBER 1342
DATE OF PUBLICATION: 18 SEPTEMBER 2009
Mr M Swart (DA) to ask the Minister of Finance:
(1). Whether the Government will take steps to introduce measures to regulate multi-year payback agreements to senior bankers, if not, why not, if so,
(2) whether the Government is contemplating the introduction of measures to regulate the payment of compensation to senior bankers; if not, why not; if so, what are the relevant details?
Reply
(1) Internationally, the G20 Finance Ministers and Governors have called on the Financial Stability Board to develop detailed guidance to strengthen the application of the Financial Stability Board Principles for Sound Compensation Practices. The Financial Stability Board was also asked to explore possible approaches for limiting total variable remuneration in relation to risk and long-term performance. In response, the Chair of the Financial Stability Board asked Philipp Hildebrand, the vice governor of the Swiss central bank, to convene a Compensation Working Group and propose a way forward.
I support the Hildebrand Working Group's efforts in this regard and, as a member of the G-20 Finance Ministers and Governors grouping, look forward to their proposals to be presented in Pittsburgh at the end of September 2009.
The Financial Stability Board is a global grouping of Governors, senior Treasury officials and financial regulators. South Africa is a member of this Board and actively participates in its work.
I also note that in the South African context, the Draft Report for Governance for South Africa and the Draft Code of Governance Principles (known as"King 3") includes guidance on executive remuneration. I support these guidelines, particularly for the banking sector, and note that they are also in line with the original Financial Stability Board Principles for Sound Compensation Practices.
(2) Once we have received the report of the Hildebrand Working Group, Government will review whether measures to regulate the compensation of senior bankers will be necessary. I can assure both the member and Parliament that any such measures will ensure that South Africa is aligned to global compensation practices
QUESTION NUMBER 1341
DATE OF PUBLICATION: 25 SEPTEMBER 2009
Dr P J Rabie (DA) to ask the Minister of Finance:
Whether, with reference to house price deflation throughout three quarters of 2009 with limited signs of improvement regarding property demand and the associated stress selling in the residential property market, the Government will pass legislation to allow commercial banks to ease lending criteria in order to stimulate the real estate market and relieve the current housing shortage; if not, why not; if so, what are the relevant details?
REPLY:
Government has no plans to intervene legislatively to force commercial banks to ease credit extension. Such an approach will not work, and the global financial crisis has demonstrated quite clearly that forcing credit onto the less creditworthy customers can put the entire financial system's stability at risk. Government will therefore not seek legislative powers in this regard.
The National Treasury is, however, monitoring the provision of credit to the household and business sectors, and engaging with other sectors on how best to respond to the current financial and economic crisis. With regard to housing loans, commercial banks have started to ease credit criteria for mortgage advances by reducing the required deposits and in some instances by offering loan-to-value ratios ("LTVs") of up to 100 percent for new home owners.
This should assist in anchoring the recovery of the real estate market in the short to medium term. On the issue of a shortage in the stock of housing, while there may be a shortage of low-income housing, there is probably a surplus of high-income housing as a result of too much construction during the boom period. This is, to some extent, demonstrated in the housing price figures, with prices of smaller homes proving to be relatively stable, while prices of larger houses have fallen quite rapidly.
QUESTION NUMBER 1338
DATE OF PUBLICATION: 25 SEPTEMBER 2009
Dr P J Rabie (DA) to ask the Minister of Finance:
(a) When was the anti-fraud campaign for (i) smuggling, (ii) round-tripping and abuse of incentive arrangements and (iii) quota fraud and rebate item abuse that relate to the clothing and textile sector launched and (b) what is the amount the SA Revenue Services lost in revenue as a result of customs fraud in the 2008-09 financial year?
NW1688E
REPLY:
(a) As part of its normal operations, SARS has always had a specific focus on the clothing and textile industry as one of the significant industries targeted for compliance. Following engagements with the dti and NEDLAC, SARS decided to make this industry a key strategic priority and to focus additional resources on compliance efforts. It was also decided to adopt a comprehensive approach aligning policy, risk management, targeting, inspection, audit and investigation.
As a result, an integrated SARS Customs and Border Management and Enforcement strategy was adopted and a dedicated team established in early 2009. The SARS Clothing and Textiles (CAT) team also works closely with partners in the dti, Labour and Business.
The new integrated approach has resulted in significant successes. Increased inspections and investigations have and are taking place in respect of this sector and raids were carried out in Gauteng, Limpopo and recently in the Durban area. These interventions are part of a comprehensive compliance approach. The new approach is being tested in the clothing and textile sector and will then be rolled-out in other sectors.
(b) The losses resulting from fraudulent activities cannot be accurately quantified. They result from illegal activities such as under-invoicing, mis-classification as well as abuse of incentive schemes. Suspicious activities and transactions first need to be detected through either targeting or random stops and this then trigger follow-up law enforcement activities such as documentary and / or physical inspections, audits and investigations. The findings by SARS are then still subject to administrative appeal and judicial proceedings.
Question 1337
Dr P J Rabie (DA) to ask the Minister of Trade and Industry:
(1) When will the criteria be announced for business rescue practitioners under the new Companies Act. Act 71 of 2008:
(2) Whether rescue practitioners will be required to undergo examinations in restructuring and corporate renewal; if not, what is the position in this regard; if so, what are the relevant details;
(3) Whether turnaround practitioners will be paid on a contingency basis: if not, what is the position In this regard: if so, what are the relevant details?
Response:
(1) In terms of Section 138(2) of the Companies Act, the Minister may designate one person or association within the Republic to regulate the practice of persons as practitioners in terms of this Act the dti is currently consulting relevant stakeholders in the drafting of the Companies Act Regulations 2010, which will address among other things the criteria for business rescue practitioners.
(2) The outcome of the current consultations pertaining to the Companies Act Regulations 2010, will determine whether rescue practitioners will be required to undergo examinations in restructuring and corporate renewal.
(3).There is no position taken on this matter as yet. The position to be taken will also be guided by the Companies Act Regulations 2010 which are being drafted at the moment and will be subject to consultations.
QUESTION NO 1331
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 SEPTEMBER 2009
(INTERNAL QUESTION PAPER NO 17 - 2009)
Date reply submitted : 16 November 2009
Ms D Kohler-Barnard (DA) to ask the Minister of Police:
(1) With reference to the Forensic Science Laboratories (FSLs), (a) what backlogs have there been in all categories of samples in each of the past 12 months, (b) how long have the outstanding samples in each category waited to be processed and (c) how many samples were lost in the 2008-09 financial year;
(2) whether any action has been taken to address the current backlogs in the processing of cases at the FSLs; if not, why not; if so, (a) what action and (b) why are there still long delays in the processing of samples? NW1679E
REPLY:
(1)(a) See Annexure "A"
(1)(b)
| SECTION | AVERAGE DAYS TO FINALISE ENTRIES |
| Ballistics | 58 |
| Biology | 156 |
| Chemistry | 83 |
| Questioned Documents | 65 |
| Scientific Analysis | 35 |
| Explosives | 0 |
(1)(c) There were a total of 4 cases reported to Silverton SAPS and cases were opened for investigation.
(2)(a) The Forensic Science Laboratory is increasing the Human Resource capacity, procuring equipment and paying overtime in the attempt of reducing backlogs at all sections. 352 vacant post have been finalized as of 30 September 2009 - Tenders for the equipment have been finalized and will be published shortly.
(2)(b) The training of members takes a long time. Currently in the Forensic Science Laboratory there is a total of 178 members under training.
Annexure
(1)(a) Backlog
| SECTION | SEPT 2008 | OKT 2008 | NOV 2008 | DEC 2008 | JAN 2009 | FEB 2009 | MARCH 2009 | APRIL 2009 | MAY 2009 | JUNE 2009 | JULY 2009 | AUG 2009 |
| Ballistics (Crime) | 1 | 1 | 1 | 1 | 1 | 2658 | 2201 | 2156 | 2930 | 3174 | 2673 | 2846 |
| Biology (Prosecutor requests) | 484 | 518 | 420 | 480 | 567 | 381 | 539 | 379 | 299 | 278 | 379 | 270 |
| Chemistry | 10613 | 10971 | 9527 | 8918 | 9913 | 18450 | 17253 | 17169 | 19146 | 19252 | 18708 | 19149 |
| Questioned Documents | 700 | 893 | 828 | 857 | 1038 | 2735 | 3740 | 2383 | 2319 | 2717 | 2914 | 1427 |
| Scientific Analysis | 109 | 141 | 129 | 175 | 239 | 836 | 412 | 710 | 728 | 691 | 695 | 683 |
| Explosives | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
| TOTAL | 11907 | 12524 | 109055 | 10431 | 11758 | 19744 | 24145 | 22797 | 24694 | 26112 | 25369 | 24375 |
The difference in the backlog with regard to the number of entries between January 2009 and February 2009 is due to a definition clarification of the workload.
NATIONAL ASSEMBLY
QUESTION 1330 (WRITTEN REPLY) 18 SEPTEMBER 2009
1330. Mr S.J. Masango (DA) to ask the MINISTER OF PUBLIC WORKS:
Whether the Independent Development Trust has achieved its target to eradicate mud and unsafe schools for the 2008-09 financial year: if not, why not; if so, how many (a) schools, (b) classrooms, (c) ablution facilities and (d) new administration blocks were built in the 2008-09 financial year?
NW1678E
REPLY:
The IDT provided R150m of its own funds to kickstart the programme to eradicate mud schools and unsafe schools. The target for 2008/9 was to build thirteen schools comprising of 182 classrooms, 357 ablution facilities and 15 admin blocks.
As at the end of 2008/9, a total of 5 schools were completed comprising 62 classrooms, 142 ablution blocks and 5 admin blocks. A further 5 schools comprising 80 classrooms, 113 ablution facilities and 8 admin blocks were practically complete and have subsequently reached final completion.
Three (3) projects are still under construction and consist of 1 school in Eastern Cape, 1 school in Mpumalanga and 1 in Western Cape. These projects comprise of 2 admin blocks, 40 classrooms and 102 ablution facilities. Two projects are scheduled to be completed by 30 September 2009 with the Western Cape school scheduled for completion by March 2010. Delays in completion of the three projects were due to inadequate capacity of contractors and delay in finalizing funding for the Western Cape school as this is jointly funded by IDT and DoE.
From the above it is clear that the Independent Development Trust would achieve the set targets in full notwithstanding the delays which were beyond its control.
Question 1326
Mr. A P van der Weshuizen (DA) to ask the Minister of Trade and Industry:
(a) When will the next National Small Business Advisory Council (NSBAC) be established, (b) what amount was spent on activities during the term of the previous council, (c) what was the impact of the council in furthering the cause of small business in South Africa and (d) what steps will he take to ensure that the new council will be recognised as a body of experts that is autonomous?
Response:
(a) The new National Small Business Advisory Council will be appointed by the Minister in November 2009, after the process of selection and required approvals have been completed.
(b) The previous Council's budget for the past three years has been linked to the dti's Enterprise and Industry Development Division budget with e Council budget line item and its allocated amounts being R1.531, 000 in 2007. R3.040, 000 in 2008 and R2.995.000 in 2009. This amounts to a total of R7.566.000 for the past three years.
(c) The impact of the Council in furthering the cause of small business is linked to the dti's acceptance of and subsequent implementation of policy interventions based on the advice rendered by the Council. To date, The Council advised the Minister on various issues raging from appropriate enterprise funding models, the nature and extent of accessibility of government support services, accessibility and openness of domestic markets and other critical aspects relating to the packaging and dissemination of suitable and appropriate information for the different levels of small enterprises. The Council spearheaded a number of strategic partnerships with national and international bodies. At the national level, this has included universities and has resulted in the formation of Centres of Entrepreneurship as well as the International Council for Small Business (ICSB), which provide a channel that supports a range of products and services for small enterprises South Africa has established the ICSB SA chapter that has individuals and organisations affiliated to it and which provide policy and research inputs for the work of the dti and support institutions within the sector. Strategic partnerships at International level include the Sebrae in Brazil and the India National Small Industries Corporation (NSIC) in India and these bodies also have had representations on the outgoing Council.
The established local partnerships provide for further channels of small business support whilst the international partnership provides crucial learning and exposure to international best practice to enhance policy development and support for the sector. Some of the advice rendered by the Council will take some time to implement and will impact substantially on longer term planning and implementation processes. The overall impact of the work of the Council is important for effective support of small enterprise development.
(d) The Council by its very nature is a body of experts established to render advice to the Minister. To be effective, the Council accesses Information from various sources, including the government institutions. The ability of the Council to provide relevant policy advice in terms of small business development will assist in it being recognised as an independent body of experts.
QUESTION NO 1332
DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 18 SEPTEMBER 2009
(INTERNAL QUESTION PAPER NO 17 - 2009)
Date reply submitted : 16 November 2009
Ms D Kohler-Barnard (DA) to ask the Minister of Police:
What are the (a) optimal and (b) actual allocations for (i) personnel and (ii) key equipment for which inventories are kept in the SA Police Service's (aa) criminal records centre and (bb) forensic crime laboratories? NW1680E
REPLY:
(a)(i)(aa)
| COMPONENT / SECTION | OPTIMAL | ACTUAL (2009-06-30) | ||||||
| CRIMINAL RECORD CENTRE | 401 | 398 | ||||||
| LOCAL CRIMINAL RECORD CENTRE | 4314 | 3105 | ||||||
| TOTAL | 4715 | 3503 | ||||||
| DIFFERENCE | 1212 | |||||||
A total of 887 personnel are in the process of been recruited. The abovementioned process has been finalised as of 30 September 2009.
(b)(i)(bb)
| COMPONENT / SECTION | OPTIMAL | ACTUAL (2009-06-30) |
| FORENSIC SCIENCE LABORATORY | 1502 | 1130 |
| DIFFERENCE | 372 | |
A total of 352 personnel are in the process of been recruited. The abovementioned process has been finalised as of 30 September 2009.
(a)(b)(ii)(aa)(bb)
The Criminal Record Centre and the Forensic Science Laboratory do keep inventories of all equipment (more than 4000 items). Equipment is allocated as and when the operational needs arise and as personnel increase.