Madam Deputy Speaker, the Department of International Relations and Co-operation has, through diplomatic channels, engaged the Zimbabwean government to intercede on behalf of South African farmers. However, this engagement has been constrained by the absence of investment protection mechanisms between our two countries.
The matter of compensation to farmers is negotiated between the affected farmer and the relevant Zimbabwean authorities. The applicable Zimbabwean law, the Acquisition of Farm Equipment or Material Act of 2004, provides that compensation be paid for improvements on land and equipment. In keeping with provisions of international conventions and applicable South African legal instruments, the department, on receipt of information that the life of a South African farmer is threatened, engages through diplomatic channels with the relevant Zimbabwean authorities. I thank you.
Madam Deputy Speaker, I thank you very much, Madam Minister. The SADC Tribunal has passed a judgment that has been in favour of Mike Campbell and 77 other farmers for the return of their properties, but the Zimbabwean government has obviously repeatedly ignored this judgment.
Is there a way in which our bilateral agreements or treaties with Zimbabwe can be used to address this pathetic situation, to try to return these properties to their rightful owners? I thank you.
Deputy Speaker, with all due respect, I will have to repeat what I said earlier. In the absence of an investment protection mechanism between our two countries, which is still under negotiation, we really have to abide by the laws of both our country and those of Zimbabwe, and continue the negotiations on these important agreements that are still under discussion by the relevant Ministries.
They don't abide by the law! [Interjections.]
Hayi wena! [Order!]
Deputy Speaker, hon Minister, we note that Zimbabwe, of course contrary to the perception of some in the House, is not the 10th province of South Africa, but an independent sovereign state, and that compensation, if any, will indeed logically take place in accordance with Zimbabwe's own laws.
Now Minister, we know that the department has been engaged for quite some time with the establishment of the Bilateral Investment Promotion and Protection Agreement, or Bippa. Could you perhaps inform the House about the progress that has been made in this regard? Thank you.
Deputy Speaker, hon member, the negotiations, as I said earlier, are still going on with the respective departments. As and when they are concluded, we shall duly inform members. I thank you.
Particulars regarding performance agreements with top management structures in SAPS, Secretariat and Independent Complaints Directorate
145. Ms A van Wyk (ANC) asked the Minister of Police: (1) Whether he has performance agreements with his top management structures in the (a) SA Police Service, (b) Secretariat and (c) Independent Complaints Directorate; if so, what are these agreements based on; if not,
(2) whether such agreements will be developed and implemented; if not, why not; if so, what are the relevant details;
(3) whether these agreements have been signed; if not, why not; if so, what are the relevant details? NO1855E
Deputy Speaker, I thank the hon member for the question. The National Commissioner, B H Cele, was appointed on 1 August 2009 as head of the Department of Police. In terms of chapter 4 of the performance management and development system, the national commissioner has three months in which to sign his performance agreement.
The performance agreement for the national commissioner has been developed and is based on the strategic plan of the SAPS, performance agreements signed by the previous national commissioner and acting national commissioner and the performance management and development system.
The agreement is in the process of being finalised and some amendments may be made based on the outcome of the recent SAPS strategic management planning. This agreement will be finalised within the next three weeks. Once this agreement is finalised the national commissioner will develop and implement performance management agreements for the SAPS senior management.
The performance agreement for the secretary of police was developed for a fixed-term period in line with the fixed-term contract signed by the secretary of police herself. The performance agreement is based on the performance management and development system as well as the policy guidelines developed for re-engineering the restructuring of the secretariat of police.
The agreement was signed on 1 September 2009. The secretariat is currently involved in a restructuring exercise and revision of their five-year strategic plan. Based on the outcome of these processes, performance management agreements will be signed with all senior management of the secretariat.
The executive director of the Independent Complaints Directorate, ICD, Mr F Beukman, was appointed on 7 August 2009 and, as with the national commissioner, Mr Beukman's performance agreement is in the process of being finalised. Mr Beukman's agreement is based on the performance management and development system, the policy guidelines on the restructuring of the ICD and the 2008 parliamentary portfolio committee's recommendations on the functioning of the ICD.
The agreement will be finalised by 7 November 2009. Once this agreement is finalised, the executive director will develop and implement performance agreements for all senior managers of the ICD. I thank you.
Deputy Speaker, thank you very much, Minister, for the quick movement on these performance agreements. We believe as the ANC that a lot of the implementation that we don't see in departments is as a result of performance agreements that are not in place, and for that reason we believe it is important.
However, Mr Minister, once these agreements have been signed, also the level of division of deputy national commissioners and provincial commissioners and with the senior managers in the Independent Complaints Directorate, ICD, and the secretariat, will the Minister ensure us that the compliance to achieve these performance agreements will be followed; and where the performance agreements are actually not reached, whether the Minister will institute sanctions to deal with those senior managers who do not perform according to the agreements?
Deputy Speaker, yes, hon member, we will follow the Public Service regulations to the letter. You might be aware that they also have sanctions on the failure to perform by senior public officials. Thank you.
Deputy Speaker, it is indeed laudable, Minister, that the SAPS has finally moved to join the rest of the corporate world by introducing service agreements. Obviously, one would like to see station heads also signing them in order for them to be held accountable. So, would the Minister share with the House what the consequences would be should one or more of those in the structure who have signed such an agreement fail to deliver on their side of the contract? Should that person not face sanctions, as suggested by the hon Van Wyk; or be dismissed should they fail to prove unequal to the task of the KPAs of that contract or, for example, the accepted aim in this country - the target of bringing down crime at least 7% to 10%?
Deputy Speaker, thank you, hon member. Just for your information, the SAPS is not only joining this corporate world that you are talking about. These agreements have been there even, as I said, with the former commissioners and both the former and the acting commissioner thereafter.
However, as I responded to the question, we will follow to the letter the Public Service regulations. We are not going to invent anything outside those parameters of the Public Service regulations. We will follow them to the letter. Thank you.
Alignment by department of its demarcation for the jurisdiction of regional commissioners 137. Mr M N Phaliso (ANC) asked the Minister of Correctional Services:
When will her department align its demarcation for the jurisdiction of the regional commissioners in accordance with the provincial boundaries as determined by section 103 of the Constitution of the Republic of South Africa? NO1844E
Deputy Speaker, the hon member might be aware that, prior to 2003, there were indeed nine provincial commissioners, with one appointed for each of the nine provinces.
However, a decision was later taken to review that position. That review was based on an assessment of the workload borne by each commissioner - that is, the number of centres, offender population size, bed space, etc - and resulted in us appointing six regional commissioners, with two of these regional commissioners managing more than one province.
Otherwise, in terms of demarcation according to the Constitution, no changes were made. Thank you.
Deputy Speaker, inconsistencies might arise from disparities between the amounts of responsibility carried by regional commissioners and this might have an adverse effect on service delivery in the Department of Correctional Services.
What is the Minister planning to do in the intervening period to ensure that the Limpopo, Mpumalanga, North West, Free State and Northern Cape regions receive the requisite support to enable them to perform optimally and thus meet the Department of Correctional Services' outcomes? Thank you.
Deputy Speaker, the hon member should know that, as far as we are concerned, we are happy with the manner in which we have structured the department.
The hon member will find that there are management areas which have inmate populations that are equal to or even higher than some provincial inmate populations. So, it indeed became necessary for us to combine some of the provinces and have them managed by one regional commissioner.
So, in the case of Limpopo, the North West and Mpumalanga, there are no challenges with regard to the management of the correctional centres. It suffices that we have one regional commissioner responsible for the three.
If we had had a regional commissioner allocated to each one of those provinces, it would actually have meant that we would have had to downgrade the level of that regional commissioner. This is obvious because of the workload there.
Deputy Speaker, we would firstly like to know whether the Minister is happy with the current six commissioners' - I know that there are two vacant positions - qualifications, competence and capabilities.
Secondly, in the same context, we would like to know whether the Minister is convinced, from a purely service delivery point of view, that those commissioners are delivering the kind of services required.
Thirdly, we would like to know when the Minister is going to fill those two vacant positions. Thank you.
Deputy Speaker, I would like to thank the hon Fritz. Well, firstly, we actually have six regional commissioner posts and only one is vacant. That is the KwaZulu-Natal post, in which we have an acting regional commissioner. In the case of Mpumalanga, I would like to remind hon Fritz that the regional commissioner is on suspension and so still occupies the post.
Secondly, I am sure hon Fritz will be happy to hear that we are actually doing transfers. We are engaged in a process of transferring people to different provinces and once we have completed that reorganisation we will report to this House.
Obviously, we do have a team of dedicated people. Yes, there may, at times, be shortcomings in the manner in which they do things and they discharge their duties at times, but I certainly would not want to question their commitment and dedication to the department. Thank you.
Particulars regarding calls received on counter-corruption toll-free number
159. Mrs J F Terblanche (DA) asked the Minister of Home Affairs:
(1) How many calls have been received on the counter-corruption toll- free number since 1 April 2008;
(2) whether any of these calls led to successful investigations which resulted in (a) disciplinary and (b) criminal procedures; if not, why not; if so, what are the relevant details?