1683. Mrs D Robinson (DA) to ask the President of the Republic:
When will he appoint members of the SA Law Reform Commission that will deal with the Project 107 Report on Sexual Offences (Adult Prostitution)?
Reply:
I wish to inform the Honourable Member that I have appointed Justice MM Maya as Chairperson of the South African Law Reform Commission and Justice J Kollapen as Deputy Chairperson, with the following persons as the remaining members:
1. Prof PJ Schwikkard.
2. Prof V Jaichand
3. Adv M Sello
4. Mr IBW Lawrence.
5. Ms NT Siwendu.
The members of the Commission will deal with all matters in terms of the South African Law Reform Commission Act, 1973 (Act No. 19 of 1973. This includes the Report relating to Sexual Offences (Project 107) to which the Honourable Member Robinson has referred to.
Research on the various projects of the Commission as was approved by the previous Commission continues unabated. This research is done by a team of full time researchers who have been assigned to the Commission.
2278. Mr L S Ngonyama (Cope) to ask the President of the Republic:
What total amount was spent by the State on legal cost to prevent the spy tapes from being released?
Reply:
An amount of R1 262 479.70 has been paid to date in respect of costs incurred in defending litigation brought by the Democratic Alliance for the record from the National Prosecuting Authority (NPA) in relation to the NPA's decision with regard to the President.
The recordings represent one aspect of the litigation instituted by the Democratic Alliance. The amount paid is a reflection of the costs of the entire matter, and not only in respect of the recordings.
2335. Mr M G P Lekota (Cope) to ask the President of the Republic:
Whether the Government will institute an annual memorial lecture or any other democratic and inclusive measure to honour the late Chief Justice Pius Langa; if not, why not; if so, what are the relevant details?
Reply:
I wish to inform the Honourable Member that former Chief Justice Langa contributed immensely in our constitutional jurisprudence and fully deserves to be honoured by our Government. We will look at various ways in which we could celebrate his legacy, and make announcements at an appropriate time with regard to the best way of honouring the former Chief Justice.
The Chief Justice and the Minister of Justice and Constitutional Development will take a lead in this regard.
2390. Mr J Selfe (DA) to ask the President of the Republic:
(1) Whether a certain person (name furnished) has been appointed to a position within the Office of the Presidency; if so, what is the (a) title, (b) exact nature of the duties and (c) annual remuneration of the said person;
(2) whether the said person can perform remunerative work outside of his current position within the Office of the Presidency; if so, what is the nature of the work?
Reply:
(1) The person referred to in the question has been appointed on a part-time basis to the position of Special Adviser to the President. The main duties of the incumbent are to render legal advice to the President. The person is employed on a part-time basis and there is thus no fixed annual remuneration. He is paid per hours worked at the rate of R693.77 per hour.
(2) The Dispensation for the Appointment and Remuneration of Persons (Special Advisers) appointed to Executive Authorities on ground of policy consideration in terms of Section 12A of the Public Service Act, 1994 [Act No. 103 of 1994] does not preclude Special Advisers from performing remunerative work outside their employment.
In terms of the Dispensation, the Special Adviser is precluded from serving on statutory boards or councils (or similar bodies) for which the Executive Authority is individually or collectively accountable. This is deemed as inappropriate by the Dispensation since it could give rise to a direct or indirect conflict of interest or lead to advice which could be biased or perceived to be biased.
2439. Mr I M Ollis (DA) to ask the President of the Republic:
(1) Whether he has sought a legal opinion on the constitutionality of the Transport Laws and Related Matters Amendment Bill [B 30B-2012];
(2) whether he has sought any advice on the practical application of the Bill;
(3) whether he has sought any advice on the impact of the Bill on (a) job creation and (b) the poor;
(4) on what date does he expect to sign the Bill;
(5) whether the specified date will be before the national elections in 2014?
REPLY:
(1) Yes, the President sought a legal opinion on the constitutionality of the Transport Laws and Related Matters Amendment Bill.
(2) and (3) The Constitution of the Republic of South Africa, 1996, does not require the President to consider, the issues raised in question 2 and 3, before he assents to or signs a Bill passed by Parliament.
Section 79(1) of the Constitution, requires the President to either assent to or sign the Bill passed Parliament, or refer it back to the National Assembly for consideration if he has reservations about the constitutionality of the Bill.
(4) and (5) The Bill was assented to on 21 September 2013.
2466. Dr A Lotriet (DA) to ask the President of the Republic:
(1) Why was the Minister in the Presidency: Performance Monitoring and Evaluation as well as Administration in the Presidency called in to address the crisis at the Walter Sisulu University;
(2) whether he will institute an investigation into how the Minister of Higher Education and Training managed the seven-week strike at the specified university?
Reply:
The President received a letter on 2 September 2013 from Reverend VP Mabo from the South African Council of Churches in the Eastern Cape appealing for his intervention at the crisis which was looming at Walter Sisulu University.
The letter raised a couple of concerns with regard to the protracted labour dispute, which had suspended learning at the University. After consideration of the letter and the appeal for the Office of the President to intervene, the President assigned the Minister in the Presidency to intervene on his behalf.
The Minister in the Presidency put together a technical committee comprising of Directors-General, which included Higher Education, Presidency and Labour. Please be referred to the answer to the supplementary question asked to the Department of Higher Education and Training (DHET) provided by the Deputy Minister of DHET on the 11 September 2013.
No further investigation will be instituted on the matter.
Enquiries:
Mac Maharaj
Cell: 079 879 3203
Email: macmaharaj@icloud.com
