Question no
DATE OF PUBLICATION: 16 MAY 2008
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DATE OF PUBLICATION: 16 MAY 2008Dr J T Delport (DA) to ask the Minister for Justice and Constitutional Development: (1) Whether, with regard to the Arms Deal investigation into the four corvettes, the Directorate of Special Operations (DSO) has approached her department for mutual legal assistance (MLA) with German investigators; if so, what is the nature, scope and obligations of the MLA agreement; (2) whether the DSO entered into any MLA agreements with criminal investigative bodies from other countries that are conducting investigations similar or relevant to the ones taking place in South Africa; if not, what is the position in this regard; if so, what are the relevant details?
(1) No. It appears that the Honourable Member is not familiar with the legal framework which applies in this regard. The law in South Africa in respect for Mutual Legal Assistance (MLA) is that, the Central Authority of the requesting country, writes to the Central Authority in South Africa for an MLA. In South Africa the central authority is the Director General: Department of Justice and Constitutional Development. The latter then considers whether or not the requirements as set out in the International Co-operation in Criminal Matters Act, 1996 have been met and then acts in terms of the law in the further processing of the matter. Mutual Legal Assistance is a framework in terms of which States can assist each other in the investigation of criminal cases. This framework is based on the Treaty on International Co-operation in Criminal Matters Act, 1996. In this regard, requests are made by the Central Authority of the requesting country to the Central Authority of the requested country for assistance in the investigation of facts that are detailed in the request itself. The request is forwarded to the requested country through diplomatic channels. (2) I am advised that the DSO does not have MLA agreements with criminal investigative bodies from other countries. In any case the law does not permit for such eventuality. MLA agreements can only be concluded between States and not investigative bodies. However, it is not uncommon for investigative bodies to conclude Memoranda of Understanding to facilitate general co-operation between them. This is however different to an MLA for co-operation. The latter has a formal legal status and has to comply with the provisions of the International Co-operation in Criminal Matters Act, 1996. QUESTION NO 760 DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 16-2008: INTERNAL QUESTION PAPER NO 13-2008 “760. Mr T D Lee (DA) to ask the Minister of Arts and Culture: (1) Whether Bethelsdorp and the surrounding area has been declared a heritage site; if not, why not; if so, what are the relevant details?” NW1149E REPLY
To date no application has been received to declare the entire Bethelsdorp and surrounding area a heritage site. The National Heritage Resources Act (Act no. 25 of 1999) repealed the National Monuments Act and all national monuments became grade 2 heritage sites (provincial monuments). The sections of Bethelsdorp that were national monuments therefore became grade 2 heritage sites. Section 52 (11) (a) of the National Heritage Resources Act gives the South African Heritage Resources Agency (SAHRA) and the Provincial Heritage Resources Agency (PHRA) the responsibility to grade heritage sites as national (grade 1), provincial (grade 2) or local (grade 3) in terms of set criteria. The declared Bethelsdorp sites will therefore be graded in terms of the above process. QUESTION NO. 761 INTERNAL QUESTION PAPER NO. 13 of 2008 DATE OF PUBLICATION: 16 May 2008 Mr T D Lee (DA) to ask the Minister of Environmental Affairs and Tourism: (1) Whether his department has supplied any funds to the Bethelsdorp Development Trust in each of the past five years up to the latest specified date for which information is available; if not, why not; if so, (a) how much, (b) when and (c) on what was it spent; (2) whether any such funding will be supplied to this institution in the future; if not, why not; if so, what are the relevant details? NW1450E
MR T D LEE (DA) SECRETARY TO PARLIAMENT HANSARD PAPERS OFFICE PRESS 761. THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM ANSWERS: (1) No. Not a service provider of the Department nor is there currently any application for funding. (2) Not applicable based on 1. QUESTION NO:762 762. MR, J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES: (1) Whether his department has, during the past five years, given preference to people living in communities close to correctional centres to fill vacancies in those centres; if not, what is the position in this regard; if so, (a) in respect of what centre(s), (b) how many people from local communities were appointed in this way at each correctional centre and (c) what were the reasons for making appointments in this way; (2) whether his department is considering giving preference to people from local communities when appointing staff to correctional centres; if not, why not, if so, when will such a step be taken? NW1451E
quickly as possible and secondly taking into account the infrastructure of the town. The lack of accommodation in the town as well as the poverty alleviation strategy for that specific region, also directed the Department’s recruitment strategy. (2) While the DCS acknowledges the constitutional right of all South Africans to apply for posts and seek employment anywhere in the country, consideration of people from the local communities is becoming more and more an important factor for recruitment in the Department. The uniqueness of the location of some of the correctional centers does make it imperative to consider candidates from local communities. However, the Department’s recruitment strategy is still guided by national legislation such as the Constitution and the Public Service Act and Regulations through which the Department strives to provide for all applicants an equal employment opportunity. QUESTION NO: 763 MR, J SELFE (DA) TO ASK THE MINISTER OF CORRECTIONAL SERVICES:
NW1452E REPLY (1)(a)(i) THE NUMBER OF POSTS THAT WERE ADVERTISED FOR The Department did not indicate a specific number of vacant posts in the advertisement; however 24 Correctional Official posts were allocated according to vacancies available in that Management Area. (1)(a)(ii) THE NUMBER OF APPLICATIONS THAT WERE RECEIVED
(1)(b)(i) MEDIA USED FOR ADVERTISEMENT They were advertised in Die Burger and the Cape Argus (1)(b)(ii) DATE ADVERTISED 26-Nov-07 (1)(b)(iii) CLOSING DATE 14- Dec-2007 (1)(c) THE CRITERIA FOR EACH ADVERTISED POST The national criteria as stated in the advertisement required a senior certificate and life experience. Applicants were also required to comply with reference checking and screening record and medical fitness. (1)(d)(i) GROSS LISTING The gross listing was done by the HR Personnel in the Regional Office: Western Cape (1)(d)(ii) SHORT LISTING The panel consisted of the following members from Voorberg Management Area: Mr. Lekata G (Chairperson Ms Van der Watt Ms Duma Z Mr. Toring K Mr. Louw B. (1)(d)(iii) THE FOLLOWING CONDUCTED THE INTERVIEWS
Mr. Lekata G (Chairperson) Ms Van der Watt Ms Duma Z Mr. Toring K Mr. Louw B. (1)(e) THE PEOPLE APPOINTED TO FILL SUCH VACANCIES LIVED IN PORTERVILLE/SARON/ PIKETBERG AREA
1 From Piketberg (2) While the DCS acknowledges the constitutional right of all South Africans to apply for posts and seek employment anywhere in the country, consideration of people from the local communities is becoming more and more an important factor for recruitment in the Department. The uniqueness of the location of some of the correctional centers does make it imperative to consider candidates from local communities. However, the Department’s recruitment strategy is still guided by national legislation such as the Constitution and the Public Service Act and Regulations through which the Department strives to provide for all applicants an equal employment opportunity. Question number 764 Date of publication: 16 May 2008 Ms S J Loe (DA) to ask the Minister of Finance: In respect of each of the past five years up to the latest specified date for which information is available, (a) how many posts existed at Statistics SA, (b) how many of these posts were vacant and (c) for how long was each of these posts vacant? NW1453E Reply:
For details on how long such posts were vacant please see Annexure A. Please take note that the information is only available for the past three years as the Persal system was only enhanced thereafter, with the functionality to determine how long the post has been vacant. QUESTION NUMBER: 765 DATE PUBLICATION: 16 MAY 2008 DATE REPLY SUBMITTED: 28 AUGUST 2008 MS S J LOE (DA) TO ASK THE MINISTER IN THE PRESIDENCY: In respect of each of the past five years up to and including 2007, (a) how many posts existed at the National Youth Commission, (b) how many of these posts were vacant, (c) for how long was each of these posts vacant, (d) what amount was allocated by the Presidency for the operation of this Commission and (e) what amount was actually spent? REPLY: NW145E In respect of each of the past five years up to and including 2007,
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