DOCUMENTS

Gigaba and Moyane have good working relationship - Jacob Zuma

Text of President's written replies to parliamentary questions, 23 May 2017

President Jacob Zuma: Replies to Parliamentary questions for written reply

23 May 2017

339. Ms D Carter (Cope) to ask the President of the Republic:
With reference to his reply to oral question 4 on 17 March 2016, wherein he stated that he is intervening and dealing with the relationship between the Minister of Finance, Mr Pravin Gordhan, and the Commissioner of the SA Revenue Services, Mr Tom Moyane, at the presidential level (details furnished), (a) what are the details of the action he has taken at the presidential level and (b) why has his intervention at presidential level not resolved anything? NW389E

Reply:
Mr PJ Gordhan is no longer the Minister of Finance.

The Minister of Finance, Mr Malusi Gigaba and the SARS Commissioner, Mr Tom Moyane, have a good working relationship. There is no longer a need for mediation.
 
394. Mr D J Maynier (DA) to ask the President of the Republic:
(1) Whether he (a) has taken or (b) will be taking any action to deal with the request by the Commissioner of the SA Revenue Service, Mr Tom Moyane, contained in a statement on or about 24 February 2017, to intervene in the strained relationship between the Minister of Finance, Mr P J Gordhan, and the Commissioner; if not, why has he not or will he not be taking any action in respect of the Commissioner’s request; if so, what action has he taken or will he be taking in respect of the Commissioner’s request;
(2) whether he has found that the decision by the Commissioner to convene a press conference to make a statement about his strained relationship with the Minister was in the best interest of the SA Revenue Service; if not, why not; if so, why? NW447E

Reply:
1. Mr PJ Gordhan is no longer the Minister of Finance. The Minister of Finance, Mr Malusi Gigaba and the SARS Commissioner, Mr Tom Moyane, have a good working relationship. There is no longer a need for mediation.
2. In light of the response under (1), this question is no longer relevant.

421. The Leader of Opposition (DA) to ask the President of the Republic:
(1) On what date did he first gain knowledge (a) of the transfer of thousands of mentally ill patients from Life Esidimeni Healthcare to 27 unlicensed non-government organisations (NGOs) and (b) that some of the specified patients had died in the care of these unlicensed NGOs;
(2) Does he intend to establish a Judicial Commission of Inquiry into the Esidimeni tragedy; if not, why not; if so, by what date? NW474E

Reply:
1. I was briefed by the Minister of Health on Life Esidimeni on 1 February 2017, which was immediately after the release of the report on the matter by the Health Ombud, Professor Malegapuru Makgoba. Immediately after this briefing, on behalf of the government, I extended our deepest condolences to the families of psychiatric patients who died so tragically in Gauteng.
2. The investigation that was conducted by the Health Ombud was comprehensive and sufficient with regard to assisting government with information to deal with the matters at hand. As such I am not intending to establish a Commission of Inquiry.

422. The Leader of the Opposition (DA) to ask the President of the Republic:
Does he intend to take any action against the (a) Minister of Justice and Correctional Services and (b) Minister of International Relations and Cooperation, following the court finding that Government’s decision to withdraw from the International Criminal Court was unlawful and unconstitutional; if not, in each case, why not; if so, what are the relevant details in each case? NW475E

Reply:
No. The two Ministers represented the National Executive in these proceedings. As the Honourable Member clearly points out in his question, this was a Government decision, based on legal advice from highly competent lawyers.

423. The Leader of the Opposition (DA) to ask the President of the Republic:
What were the reasons for employing the SA National Defence Force to assist the SA Police Service with maintaining law and order in and around the Parliamentary precinct on the occasion of the State of the Nation Address on 9 February 2017? NW476E

Reply:
The Honourable Member will recall that the DA approached the Cape Town High Court on this matter. I am therefore not in a position to comment further on it. The Court must be given an opportunity to deal with the matter.

480. Mr W M Madisha (Cope) to ask the President of the Republic:
How does he explain the rationale behind his decision to relieve three eminent and respected black advocates (names furnished) from their duties at the Judicial Services Commission? NW537E

Reply:
I am empowered by Section 178(1) (j) of the Constitution of the Republic of South Africa, 1996, (the Constitution) as Head of the National Executive to designate four persons to serve on the Judicial Service Commission (JSC), after consulting the leaders of all the parties in the National Assembly. Members of the JSC that I have designated serve until I replace them in terms of Section 178(3) of the Constitution. The three members served in that capacity since 2009 and I decided to replace them to enable others a chance to also serve on the JSC. I would also like to once more express my gratitude to the three members for the immeasurable contribution they have made during their tenure.

545. The Leader of the Opposition (DA) to ask the President of the Republic:
Has he nominated the former Minister of Finance, Mr Nhlanhla Nene, for any position at the New Development Bank, in line with his public commitment to do so in December 2015; if not, why not; if so, (a) on which date did he nominate the specified person, (b) for which position at the New Development Bank and (c) what progress has been made to date to appoint the person in the specified position? NW602E

Reply:
I have on several occasions, including in a reply to a written Parliamentary Question (No. 347), publicly stated that South Africa indeed nominated Mr Nhlanhla Nene for the position of Head of the African Regional Centre of the New Development Bank, also known as the BRICS Bank. No further action is being taken in this regard as Mr Nene subsequently accepted a position in the private sector.

546. The Leader of the Opposition (DA) to ask the President of the Republic:
Did he pay Fringe Benefits Tax on the non-security related upgrades at his private homestead in Nkandla; if not, why not; if so, (a) on what date did he pay the specified taxes and (b) how much tax did he pay? NW603E

Reply:
The issue of Tax is a confidential matter between the South African Revenue Services and the Tax payer.

802. Mr M Waters (DA) to ask the President of the Republic:
Whether the Minister of Social Development, Ms Bathabile Dlamini, either in her current position or in her previous position as Deputy Minister of Social Development ever applied through the Executive Members Ethics Act, Act 82 of 1998, for permission to retain any gifts; if so, (a) on which dates did the Minister apply for such permission, (b) what was the nature of the gift, (c) what was the value of the gift, (d) what is the name of each person who gave the gifts, (e) which company did each person who provided the gift work for at the time and (f) was permission granted in each case? NW865E

Reply:

Date Applied for permission

Nature of Gift

Value of a gift

Name of Organisation offered the gift

Name of the person offered the gift

Permission Granted

22/01/2010

Leather/Crome Magazine Stand

Not Specified

Not specified

Not specified

Permission granted

26/01/2011

1 X Jewellery Box and Clash Bag

R2 400.00

Dimension Data

Not specified

Permission granted

11/11/2011

1 X Painting Art Works

1 X Xhosa Traditional Attire

R15 000.00

R1 500.00

John Adams Artists in Port Elizabeth

Community Development Association Steering Committee

Not specified

Permission granted

 

25/04/2013

1 X iPhone5 Cell phone

R9 499.00

CellC

Mr Knott Craig

Permission granted

18/06/2015

6 X Bottles of Red Wine

1 X Isichumo

R120.00 each

R2 500.00

His Majesty King Goodwill Zwelithini

His Majesty King Goodwill Zwelithini

 

Permission granted

14/12/2016

1 X 3 year old Bonsmara Bull

R60 000.00

G T Molefe Farming in Harrismith

Not specified

Permission granted

815. Mr D J Maynier (DA) to ask the President of the Republic:
With reference to the official statement, titled Finance Investment Roadshow, issued by The Presidency on 27 March 2017, what are the detailed reasons that he cancelled the National Treasury’s non-deal international investor roadshow headed by the Minister of Finance, Mr P J Gordhan, which was scheduled to take place between 27 March 2017 and 31 March 2017? NW878E

Reply:
There are two separate cases currently pending in the Gauteng High Court and the Constitutional Court respectively. The issues to be considered by the Courts, amongst others, relate to Mr Gordhan in his capacity as the former Minister of Finance. It will therefore be inappropriate to comment on the question asked while these matters are before the Courts.
 
870. Mrs A M Dreyer (DA) to ask the President of the Republic:
(1)(a) How many times has the Inter-Ministerial Committee on Comprehensive Social Security (IMC) met since its establishment in 2016, (b)(i) where and (ii) on what date was each meeting held and (c) what was on the agenda of each meeting;
(2) which (a) Ministers serve on the IMC and (b) Minister is responsible for calling the meetings of the IMC? NW936E
 
Reply:
1. I established the IMC on Comprehensive Social Security in 2015 consisting of five Ministers (the first five Ministers listed under 2a below). Early this year, I took a decision to reconstitute this IMC to include other Ministers (as listed below).
a Twice.
b (i) & (ii) 9 September 2015 in Cape Town and 12 May 2017 in Pretoria.
c The main agenda of the IMC is to address existing policy gaps by developing a responsive social protection system for South Africa as envisaged in Chapter 11 of the National Development Plan (Vision 2030). The IMC’s agenda also entails taking forward the Social Security Reform Discussion Paper.
1(a) The following nine Ministers are Members of the IMC:

Minister of Social Development

Minister of Finance

Minister of Labour

 Minister of Health

Minister of Transport

Minister of Home Affairs

Minister of Telecommunications and Postal Services

Minister of Communications

Minister of State Security (b) The IMC was previously co-chaired by the Ministers of Finance and Social Development. However since its reconstitution, I am the Chairperson of the IMC.

947. Ms D Carter (DA) to ask the President of the Republic:
(1) Whether the Government has concluded an agreement for the development of nuclear plants with representatives of (a) the Russian government and (b) any Russian company subsequent to the removal of Mr Pravin Gordhan as the Minister of Finance; if so, in each case, (i) on what date was the agreement concluded and (ii) by whom;
(2) have any agreements been concluded regarding the (a) project management and/or (b) construction of the specified nuclear power plants; if so, in each case, (i) with whom and (ii) at what cost? NW1016E

Reply:
1(a) No
(b) No
 
1(a) & (b): Over the years, before the removal of the former Minister of Finance Mr Pravin Gordhan from office, the Department of Energy has been undertaking the preparations for the rollout of the Nuclear New Build Programme (NNPB). As part of these preparations, the Government has entered into Intergovernmental Agreements (IGAs) with nuclear vendor countries. These IGAs cover a broad range of areas for potential cooperation. Amongst others, the IGAs cover the use of nuclear energy for electricity generation including the design, construction, operation and decommissioning of nuclear power plants in South Africa.

It should however be noted that the Western Cape High Court has recently reviewed and set aside the decision of the Minister of Energy of 10 June 2015 to table some of these Intergovernmental Agreements before Parliament in terms of Section 231(3) of the Constitution.

i South Korea, USA, China, France and Russia.
ii. The IGAs have no financial implications attached to any of them because they are cooperation agreements.
 
953. Mr J S Malema (EFF) to ask the President of the Republic:
(1) Whether he is aware of any (a) renovations, (b) security upgrades and/or (c) infrastructure-related works that are being carried out at his private residence in Nkandla by the relevant government departments; if not,
(2) whether he inquired from the relevant Minister after it was revealed in the Sunday papers that such work was being undertaken; if not, what is the position in this regard; if so,
(3) whether he agreed with the relevant Minister(s) that the work is undertaken? NW1081E

Reply:
1. No
2. Please refer to the attached media statement that was issued by the Ministry of Public Works on 23 April 2017.
3. See the reply above (2).

971. Mr D America (DA) to ask the President of the Republic:
(1) Has he formally determined the (a) remuneration and (b) service conditions of commissioners of the Public Service Commission, including that of the Chairperson and Deputy Chairperson, in line with the Public Service Commission Act, Act 46 of 1997, as amended; if not, (i) why not and (ii) by when will he do so; if so,
(2) are the (a) remunerations and (b) service conditions linked to other positions in the Public Service to allow for annual revisions; if not, why not; if so, what are the relevant details;
(3) whether commissioners qualify for any additional benefits, such as medical aid support, pension benefits and housing allowances; if not, why not; if so, what are the relevant details? NW1099E

Reply:
1. The Conditions of Appointment are derived from or are linked to the salaries and conditions of service which apply to comparable (identified) Senior Management positions in the Public Service. Due to this link, I will be able to issue the 2017 Annual Determination once the cost of living adjustment for Members of the Senior Management Service for 2017 has been determined by the Minister for Public Service and Administration, after consultation with the Minister of Finance.

2. The Conditions of Appointment, inclusive of remuneration and conditions of service, applicable to members of the Public Service Commission are derived from or are linked to the salaries and conditions of service which apply to comparable (identified) Senior Management positions in the Public Service. The conditions of service of Senior Managers in the Public Service are determined by the Minister for the Public Service and Administration. Despite the linking of the salary dispensation of Members of the Public Service Commission with the Senior Management Service, the salary progression measures (notch increases) introduced for the SMS in 2002 for implementation with effect from 1 April 2003 were not extended to Commissioners.

(3) The Conditions of Appointment applicable to Members of the Public Service Commission provide for an Inclusive Flexible Remuneration Package for members of the Public Service Commission. This package consists of the basic salary (70% of the package), the State’s contribution to the Government Employees Pension Fund (13% of the pensionable salary) and a flexible portion. The flexible portion can be used for a motor car allowance, 13th cheque, medical assistance, housing allowance or non-pensionable cash allowance. It should however be noted that the total amount structured for these benefits must equal the amount available in the flexible portion of the Member’s package.

1075. Mr D J Maynier (DA) to ask the President of the Republic:
Whether an intelligence report played any role in informing his decision to reshuffle the Cabinet on 31 March 2017; if not, what is the position in this regard; if so, what are the relevant details? NW1214E

Reply:
The status of the so called intelligence report is a subject of litigation in Court proceedings, in which the Democratic Alliance is a party. I therefore cannot comment on the matter.

Supporting document below:
PQ 953
Statement issued by the Ministry of Public Works, 23 April 2017

Media statement

Public Works Minister Nkosinathi Nhleko Denies Knowledge of further upgrades at President Jacob Zuma’s Nkandla residence

The Minister of Public Works Nkosinathi Nhleko has learnt with shock that Government plans further upgrades of President Jacob Zuma’s private residence in Nkandla as reported in the local media today.

Since Minister Nhleko moved to public works this month, he has held several meetings with senior members of the Department of Public Works on various key strategic issues relating to the department.

Said Minister Nkosinathi Nhleko: “No one has ever briefed me about the alleged planned upgrades and it is all news to me. If indeed such upgrades are on the cards, it certainly would be tantamount to misconduct that I have not been formally appraised on the matter.”

Minister Nhleko also finds it extremely disturbing that someone from the legal department allegedly spoke to the media on this matter without the knowledge and sanction of the Ministry of Public Works.

“What informs this overzealousness and breach of internal media liaison protocols and guidelines?”

Tomorrow the Minister will seek clarity on the alleged upgrades to President Jacob Zuma’s Nkandla private residence from the Director General of Public Works Mziwonke Dlabantu.

For now the Ministry of Public Works will not be making further public comments on the matter.

ENDS

Issued by The Presidency, 23 May 2017