The President's replies to parliamentary questions for written reply

Mr M G P Lekota (Cope) to ask the President of the Republic:

Whether, in view of the fact that, by the 2014 to 15 financial year, the government would have added more than R1 trillion to its stock of debt since 2008 and increased the annual debt servicing costs to R100 billion, he intends to take steps to reduce the size of (a) the cabinet and (b) government in other spheres of government; if not, why not; if so, what are the relevant details in each case?

Reply:
The Honourable Member will recall that during this year’s Medium Term Budget Policy Statement in October, government assured the nation through the Minister of Finance, that despite the more than R1 trillion in debts issued to invest in infrastructure since 2008 for government and SOEs to maintain their core social and economic programmes, government has adopted a budget framework to ensure that public finances remain sustainable, and that expenditure growth does not outpace revenue growth.

As stated by the Minister, a considerable number of steps will be taken to implement austerity measures in government spending.

The Minister pointed out as follows; Expenditure will continue to grow in real terms, averaging 2.2 per cent a year over the medium term (excluding interest on debt). The fiscal stance will contribute to a narrowing of the deficit, from 4.2 per cent in the current year to 3.0 per cent in the outer year. This will enable government to stabilise debt and begin rebuilding fiscal space to fund new priorities.

Government’s contribution to improved performance in the economy and in the provision of public services is strongly focused on better use of existing resources, rather than higher expenditure.

Given the prudent fiscal stance adopted by government, there are no plans to reduce the size of Cabinet and government.

Mr V B Ndlovu (IFP) to ask the President of the Republic:

Whether the list of 145 names of detained IFP members that the IFP forwarded to him for release in terms of the presidential pardon granted by the former President, Mr T M Mbeki, has been verified; if not, what are the reasons for the delay; if so, when will these detainees be released?

Reply:
In placing this question in context, I understand the question to be referring to:
(a) A list of 145 IFP members who have been detained;
(b) The said list was forwarded to the President;
(c) The process relates to Presidential Pardon process “granted” by former President Mbeki;
(d) Whether the list has been verified;
(e) If not, what are the reasons for the delay; and if so
(f) When will the detainees be released?

In responding thereto, I will deal with each component separately:

(a) The Department of Justice and Constitutional Development, provides secretariat function for the process regarding the Special Dispensation Pardon for alleged politically motivated crimes. The Secretariat has informed me that they are not in possession of a specific list of 145 IFP members who are detained.

(b) See (e) below.
(c) As part of the Special Dispensation Pardon process, no pardon was granted to any applicant.
(d) See (a).
(e) And “f” On the assumption that the list of 145 IFP members relate to the Special Dispensation Pardon process, I respond as follows:

(i) During 2007, former President Thabo Mbeki, announced a Special Dispensation Pardon process (SDP) available to applicants whose offences were committed with a political objective and who did not participate in the Truth and Reconciliation Process (TRC);

(ii) According to the final report of the Reference Group (RG), the RG dealt with 2 109 applications for pardon. 432 of these applications for pardon were submitted by applicants who indicated that they are members of the IFP.

With regard to the 2 109 applications for pardon processed, the RG recommended that pardon be granted to 149 applicants. The RG recommended to me not to grant pardon to 1 960 applicants.

In 1 034 of the 1960 applications, I decided not to grant a pardon and these applicants were informed of the decision. The remaining 926 applications are still receiving attention.

(iii) As a result of the case of Ryan Albutt and Others v President of the Republic and Others, CCT 54/09 [2010] ZACC 4 (Ryan Albutt case), the finalization of the SDP was delayed substantially.

In this case, the Constitutional Court ruled that a process of victims participation should be instituted before the President makes a final decision in these matters.

Following this decision, the Department of Justice and Constitutional Development launched an extensive media campaign, inviting victims and interested parties to make recommendations in respect of the 149 applications in which the RG recommended a pardon. Only 21 of the 149 applicants indicated that they were members of the IFP. .

I have not granted pardon to any applicant who applied in terms of the SDP, including the IFP members. All applicants will be informed as soon as I take a decision in this matter.

Mr J Selfe (DA) to ask the President of the Republic:

(1) With reference to his reply to question 2390 on 18 October 2013, why is a certain person (name furnished) referred to as Special Advisor, but referred to as Legal Advisor in the 2012 to 13 Annual Report;

(2) whether the specified person was previously employed as his Legal Advisor; if so, (a) for how long was the specified person employed in this position and (b) on what grounds was the specified person’s position changed to that of Special Advisor?

Reply:
(1)  According to the dispensation for the appointment and remuneration of persons (Special Advisers) appointed to Executive Authorities on grounds of policy consideration in terms of Section 12A of the Public Service Act, 1994 all Special Advisers are appointed on the basis of their expertise.

In essence, all the persons referred to above are special advisers with different designations. For instance, the person in question is a Special Adviser on legal matters and as a matter of discerning roles and responsibilities within the organisation, is thus referred to as a Legal Advisor.

All Special Advisers are appointed under the same dispensation, irrespective of their areas of expertise.

(2) The person referred to has always been a special advisor on legal matters and therefore as a legal advisor to the President. The media statement announcing his appointment was released.

3) The person was employed to the position of Special Adviser to the President on 1 November 2011. As explained above, the position was not changed. Instead of being referred to as Special Adviser, the position is now referred to as Legal Adviser to indicate the area of expertise on which the incumbent advises the President.

1. The dispensation for the appointment and remuneration of persons (Special Advisers) appointed to Executive Authorities on grounds of policy consideration in terms of Section 12A of the Public Service Act, 1994 provides for the following:

1.1 In terms of the dispensation the President and Deputy President may appoint as many special advisers as they may see fit.

1.2 The appointment of Special Advisers to Ministers and Premiers is limited to two full-time equivalent unless Cabinet or the relevant Provincial Executive Council approves a higher number up to two additional full-time equivalent.

2. The following rules also apply when appointing an Adviser:

2.1 Executive Authorities must submit their recommendations to appoint Special Advisers to the Minister for Public Service and Administrations for approval of compensation level.

2.2 Only South African citizens should be appointed as Special Advisers and should be subjected to security clearance before appointment.

2.3 Special Advisers are not admitted to the Government Employees Pension Fund (GEPF).

2.4 The Special Advisers shall direct his/her inputs to the Executive Authorities and refrain from interfering in the administration and management of the department which in law is the function and responsibility of the Director-General.

2.5 Full time Special Advisers are entitled to structure their inclusive flexible remuneration package.

2.5.1 Motor car allowance
2.5.2 Medical assistance
2.5.3 Housing allowance
2.5.4 Non-pensionable cash allowance

2.6 The Executive Authorities must enter into an agreement of appointment with a Special Adviser.

Enquiries:
Mac Maharaj on
Cell: 079 879 3203 
E-mail: macmaharaj@icloud.com

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