The President's replies to Parliamentary Questions for written reply, in the National Assembly
Mr S C Motau (DA) to ask the President of the Republic:
What action has been taken with regard to the report by the Special Investigating Unit (details furnished) regarding the investigation into alleged corruption in the allocation of Reconstruction and Development (RDP) houses in Esselen Park? NW2206E
Reply:
Prior to 2007, the SIU carried out a pre-investigation scoping exercise to ascertain the facts relating to certain complaints by the residents of Esselen Park relating to the incorrect allocation of Reconstruction and Development Plan (RDP) houses.
At that time, the Special Investigating Unit had been instructed in terms of Proclamation R32 of 1999 to investigate certain matters in Gauteng namely:
The unlawful, unauthorised and/or irregular drawing and/or issuing of promissory notes, guarantees, indemnities and/or any other negotiable instruments by and/or on behalf of the Department of Housing and Land Affairs of the problems of Gauteng and/or the subsequent negotiation, discounting and/or presentation thereof and/or payments in terms thereof by unknown person.
The existing Proclamation did not authorise the Special Investigating Unit to investigate the allegations set out by the residents of Esselen Park relating to the incorrect allocation of RDP houses. Therefore, the pre-investigation was stopped and the complaint was referred to the Department.
Any such investigation would have been ultra vires the provisions of the Special Investigating Units and Special Tribunals Act, 1996 (the SIU Act).
Adv H C Schmidt (DA) to ask the President of the Republic:
Given the recent decision of the Government that the One Environmental System be implemented on 8 December 2014, will he (a) sign the Mineral and Petroleum Resources Development Amendment Bill [B15-2013] into law and/or (b) refer the Bill back to Parliament for further consideration? NW2221E
Reply:
I received the Mineral and Petroleum Resources Development Amendment Bill after it was passed by Parliament and referred to me for assent and signing into law. I further received submissions against the signing of the Bill into law, from Mr Henk Smith of the Legal Resources Centre and Dr Wilmot James of the Democratic Alliance.
Mr Smith and Dr James have requested that, I refer the Bill back to National Assembly (NA) in terms of Section 79 of the Constitution of the Republic of South Africa, 1996, amongst others, on the ground that the National Assembly, National Council of Provinces and the provincial legislatures failed to take reasonable steps to facilitate public involvement when the Bill was passed.
I have written to the Speaker of the National Assembly seeking her advice on the process that was followed by both the National Assembly and the National Council of Provinces before the Bill was passed. The information will assist me to take a decision regarding the Bill.
1682. Prof B Bozzoli (DA) to ask the President of the Republic:
1. How does he define the terms (a) patriotic university and (b) academic freedom as a referred to in his address to the Progressive Professionals Forum (details furnished);
2. Whether he has found any universities to be unpatriotic; if so, (a) which universities and (b) what steps should be taken by such universities in order for them to be defined as patriotic;
3. (a) what he was referring to when he said in his statement that academic freedom refers to the fact that no one class dominates and (b) does he intend to introduce this definition of academic freedom into government policy; if so (i) when and (ii) through what mechanism?
Reply:
A patriotic university should be measured by its contribution to building a united, non-racial, non-sexist, democratic and prosperous society as directed by the Constitution of the Republic. It should also measure itself in terms of progress made in promoting transformation in terms of race, class and gender, as part of reversing the legacy of apartheid colonialism.
Our country has emerged from a divided past. We look to the intelligentsia in the free and democratic South Africa, in particular at universities, to contribute to the transformation of society by promoting ideas and producing young graduates and intellectuals who understand this heinous past of class and racial domination and who will ensure that the non-racial and equal society we are working for is fully achieved.
Universities must be able to produce graduates who are complete human beings. These are students who have full appreciation of the history of our country which was racially and economically divided, its present socio-economic challenges and its future of common purpose centred on the Constitution of the Republic and the National Development Plan.
Academic freedom flourishes by allowing all views and different ideological strands to find expression without fear, favour or prejudice. Universities should thus be thriving centres that allow all sorts of ideas and perspectives to flourish. They should not become platforms for a privileged few to propagate their views to students and the country at large and be closed to other opinions.
50. Mr G Mackay (DA) to ask the President of the Republic:
Whether he has applied his mind to the recommendation of the Public Protector in the Docked Vessels report that he considers disciplinary action against Minister Joemat-Pettersson; if not, (a) when does he intend to apply his mind and (b) what are the relevant details in this regard; if so, what action does he intend to take to implement the recommendation of the Public Protector? NW56E
Reply:
Minister Tina Joemat-Pettersson has initiated legal proceedings in the High Court challenging the findings and recommendations of the Public Protector. The matter is therefore still pending before court. In this regard, I have decided to allow the judicial process to unfold before I can take any further action on the matter.
