Question no
DATE OF PUBLICATION: 23 MAY 2008
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- QUESTION NO.: 808
DATE OF PUBLICATION: 23 MAY 2008Dr J T Delport (DA) to ask the Minister for Justice and Constitutional Development: (1) Whether her department makes use of private security firms; if so, how much money was spent on such firms in 2007; (2) whether these firms are used on a contractual basis; if so, (a) how many contracts did her department take out in this regard in 2007, (b) with which firms were these contracts taken out, (c) for what specific purpose was each contract taken out and (d) what was the value of the contract in each case; (3) why is there a need for her department to use a private security firm as opposed to state security? NW1466E REPLY (1) Yes Honourable Member, the Department does make use of private security firms. During 2007, my Department spent R120 923 489,52 on Guarding Services and R10 963 940,60 on Cash in Transit Services. (2)(a) & (b) Yes indeed, all the firms are used on a contractual basis. The Department has signed contracts with three firms. Details of these contracts are:- Guarding Services
Cash in Transit Services
(c) Mabotwane and Fidelity Security Services were contracted to provide access control in terms of the Control of Access to Public Premises and Vehicles Act, Act 53 of 1985. The purpose of managing access control is to prevent unauthorised access of persons, vehicles and dangerous objects onto State Property, to safeguard people, property and premises and assets. G4S: To transit State Money and/or Sight Value forms and to take the necessary steps to secure and/or to safeguard it. The Money is to be delivered from a Financial Institution to the respective court premises/sites and from the respective Court premises/sites to the respective Financial Institution. (d) Mabotwane Security Services – R63 505 320,27 Fidelity Security Services – R57 418 169,25 G4S – R10 963 940,60
contract. (b) The total value of the project is R117, 009,673.00 (including CPA and VAT) (c) The principle contractor is Roadmac Surfacing. (2) No penalties are due on either contract, as both contracts are on schedule as per agreed upon time-lines. QUESTION NO: 792 MR. J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES: (1) Whether any education service is provided to (a) inmates under the age of 16 and (b) awaiting-trial detainees (ATDs); if not, why not; if so, what are the relevant details; (2) How many such posts for teachers and facilitators (a) exist and (b) are vacant in each (i) state and (ii) private prison to provide education to (aa) inmates under the age of 16 and (bb) awaiting-trial detainees;
NW1481E REPLY: (1) Education services provided The Department of Correctional Services believes that every offender has the right to basic education as prescribed by the Constitution. The Department is also committed to eliminating illiteracy amongst offenders as far as possible and gives them the opportunity to raise their level of education through the provision of formal education programmes. (a) Children of School-going age: (under 16) It is compulsory for children of school-going age to attend school. Education opportunities are provided to these children (16 years and younger) sentenced to imprisonment. (b) Awaiting-Trial Detainees, Parolees and Probationers. The Directorate Formal Education in DCS is only responsible for providing administrative support, study guidance, counselling and other relevant support in terms of studies to awaiting-trial detainees, parolees and probationers. However, if there is an awaiting-trial detainee who is supposed to write examinations he/she is assisted to ensure that he/she sits for the examinations. The following are the formal education programmes offered to sentenced offenders, including children and young offenders or youth:
2. POSTS FOR EDUCATORS AND FACILITATORS There are 449 posts for educators and facilitators that exit and 122 vacant. It should be noted that educators are not employed to cater for specific age levels. 3. Steps taken to improve the current vacancy rate The Department has always had a challenge of retaining professionals such as educators due to our work environment and salary disparities. To address this gap, the Department has done the following:
In order to improve turnaround time for filling of vacancies the Department delegated the authority for approval to Regional Commissioners. QUESTION NO: 793 MR, J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES:
REPLY (1) (a) Anyone interested in doing volunteer work in Correctional Services can approach the nearest Correctional Centre, Management Area office or Regional Office and indicate what type of volunteer work the person is willing to provide. The interested person can request to speak to the Head of the Correctional Center or the Area Commissioner who will advise accordingly on the detail process. At Community Corrections, the relevant person can contact the Head of the component for monitoring purposes. (b) Depending on the type of voluntary service the person is willing to provide authorization can take from 2 to 10 days (2) Yes, the department does use certain criteria, once again, depending on the type of service the volunteer wants to render Volunteers who want to provide a service that deals with programmes for offenders (rehabilitation) has to complete the required application form which is placed before an assessment committee at the management area constituted of relevant senior managers who will assess the application and make a decision. Volunteers who would like to assist in monitoring probationers and parolees will also have to complete the necessary application forms at the relevant Community Corrections offices which is managed by the Heads of such components. The necessary security checks are also performed during these processes.
NW1483E REPLY
(a) The Brandvlei Correctional Centre design has specially been adapted to use the hot water spring to improve energy efficiency of the centre and construction is scheduled to commence in 2008. (i) The department has started with the energy saving awareness campaign through: Communicating energy saving tips to all personnel (ii) Audited standby generators Management Areas to report on power outages to measure extent use of energy efficient light bulbs Initiative by National Department of Public Works to do an audit on energy saving. (b) No record was kept by the Department as the National Department of Public Works is processing all the municipal payments. The Department started with the campaign at the beginning of 2008. QUESTION NO 796 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 MAY 2008 (INTERNAL QUESTION PAPER NO 14/2008) Date reply submitted: 24 June 2008 Mr R J King (DA) to ask the Minister of Safety and Security: (1) Whether his department has outsourced any legal functions to a certain legal firm (name furnished) in the past six years; if not, what is the position in this regard; if so, (a) what was the nature of the functions that were outsourced, (b) by whom was the outsourcing approved and (c) why was the State Attorney not instructed to deal with the matters that were referred to this legal firm; (2) whether his department has the necessary skills and capacity to deal with such matters in house; if not, why not; if so, what are the relevant details; (3) whether the procurement process as stipulated in the Public Finance Management Act, Act 1 of 1999, and the Treasury Regulations was followed to secure the legal services of the legal firm; if not, why not; if so, what are the relevant details; (4) whether any functions were outsourced to any other legal firms in the past six years; if so, (a) to which firms, (b) what was the extent of their written mandate and terms of reference that applied in respect of the legal functions that were outsourced, (c) what are the full details of the legal fees structure (i) that was agreed upon and (ii) which applied in respect of the services rendered and (d) how does the amount paid to the legal firm compare with what was paid to other legal firms; (5) whether the mandate to the legal firm is still in force; if not, (a) when was the mandate terminated and (b) why was it terminated; if so, what are the relevant details? NW1485E REPLY: Certain legal disputes, not functions, were referred to certain law firms for handling, as and when they arose. The subject matter is currently being audited by the Auditor General as part of the normal auditing process and responses in reply to the questions raised will be provided once the auditing process has been finalized. QUESTION NO 797 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 MAY 2008 (INTERNAL QUESTION PAPER NO 14/2008) Date reply submitted: 18 June 2008 Ms D Kohler Barnard (DA) to ask the Minister of Safety and Security: (1) Whether he recently approved the settlement of a civil defamation claim instituted by the Senior Public Prosecutor against two officials attached to his department (names furnished); if not, what is the position in this regard; if so, (a) what are the relevant facts of the matter that gave rise to the civil action, (b) what amount of money was claimed by the plaintiff, (c) what was the basis for the decision (i) to settle the claim and (ii) for the settlement amount, (d) what are the terms of the settlement, (e) why was the decision taken to settle the claim on the day it was set down for trial in the Pretoria High Court and not earlier, (f) what are the reasons for postponing the trial and (g) which party requested the postponement; (2) whether the loss suffered by his department will be investigated in order to determine the liability of the officials involved; if not, why not; if so, (a) who will conduct the investigation and (b) when will the investigation commence? NW1486E REPLY: (1)&(2) Yes we did settle on the basis that we could not sustain our defence. We cannot divulge any further aspect regarding the case given the terms of the settlement agreement. QUESTION NO 798 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 23 MAY 2008 (INTERNAL QUESTION PAPER NO 14/2008) Date reply submitted: 12 June 2008 Ms D Kohler Barnard (DA) to ask the Minister for Safety and security: (1) (a) What is the SA Police Service Crime Intelligence Closed Account used for, (b) where does the money come from, (c) how much money have been allocated to this account in each of the past five years, (d) what were the audit findings for this account by the special teams that conducted the audit of the account in each of the past five years and (e) who authorises the expenditure to be deducted from the account; (2) whether there is a team or committee that exercises oversight of the account; if not, why not; if so, who are the members of the team or committee; (3) whether minutes and records are kept with regard to (a) decisions made, (b) quorum of meetings and (c) other functional requirements; if not, why not; if so, what are the relevant details; (4) whether the (a) audit records, (b) minutes and (c) all other records are kept available for public scrutiny; if not, what is the position in this regard; if so, from whom are they obtainable? NW1487E REPLY: (1)(a) The Crime Intelligence Division uses the Secret Services Account to perform operations and activities of a covert nature in the process of collecting intelligence surrounding crime and criminal activities. (b) Funding is obtained from National Treasury and is done in terms of the provisions and requirements of the Secret Services Act, 1978 (Act No 56 of 1978). (c) The amount allocated is not made public in view of the provisions of the Secret Services Act, 1978 (Act No 56 of 1978) as well as the Intelligence Services Control Act, 1994 (Act No 40 of 1994). (d) The Auditor General audits the account, and reporting to Parliament is through the Joint Standing Committee on Intelligence in terms of the Intelligence Services Control Act, 1994 (Act No 40 of 1994). (e) In terms of section 2 of the Secret Services Act of 1978 the Director General: State Expenditure is responsible for the administration of the account, and the accounting officer at the SAPS is accountable for the monies made available. (2) The following are the members of the team/committee: * The Auditor General audits the account. * The Secret Services Evaluation Committee evaluates the continuation of secret services. * The Joint Standing Committee on Intelligence evaluates the expenditure and the activities of Crime Intelligence. * An external Audit Committee established in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999). * The Inspector General monitors compliance with the Constitution, applicable laws and relevant policies on intelligence and counter intelligence and reviews intelligence and counter intelligence activities of the Crime Intelligence Division. (3) All audit committee meetings are properly constituted and documented. Such committees and teams keep minutes and records. (4) Because the Secret Services Account is State Secret Services, the details requested are not available for public scrutiny. However, audit reports are presented to the Joint Standing Committee on Intelligence when the Divisional Commissioner: Crime Intelligence is summoned to appear and he then responds. QUESTION 800 WRITTEN REPLY DATE OF PUBLICATION: FRIDAY, 23 MAY 2008 INTERNAL QUESTION PAPER NO.: 14-2008 ADV H C SCHMIDT (DA) TO ASK THE MINISTER OF DEFENCE
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QUESTION NO. 802 (Internal Question Paper No 14 – 2008) Moulana M R Sayedali-Shah (DA) to ask the Minister for Provincial and Local Government: (a) What procedures are followed when meetings of the National Conventional Arms Control Committee (NCACC) and Directorate Conventional Arms Control (DCAC) are not held in terms of the approval process for urgent applications and (b) who from the NCACC attended the meetings of the Scrutiny Committee in terms of the regulations? ANSWER
In the event that the NCACC cannot convene, the Chairperson of the NCACC and the Minister of Defence consider and decide on matters that are urgent. In considering and deciding on urgent matters, the NCACC takes into account the recommendations of the Scrutiny Committee. The decisions taken by the Chairperson and the Minister of Defence under these circumstances are, as a matter of principle, ratified by the next ensuing meeting of the NCACC. The Directorate: Conventional Arms Control does not hold meetings to decide on urgent applications. What the Directorate does is to facilitate the holding of meetings by the Scrutiny Committee and the NCACC. The Directorate also executes and implements the decisions that have been taken by the NCACC. Since the Scrutiny Committee was established and functioned as a subcommittee of the NCACC, no member of the NCACC has ever attended its meetings. This failure to have a member of the NCACC attending the Scrutiny Committee meetings is due to practical reasons only. It is because of these practical challenges that the NCACC has proposed an amendment to the Act relating to the establishment and functioning of the Scrutiny Committee. |