63 360 persons

NOTE: These persons are youths who were arrested in connection with ordinary crime. In terms of the provisions of section 50 of the Criminal Procedure Act, 1977 (Act 51 of 1977) they may not be detained for a period exceeding 48 hours, unless they are brought before a lower court and their further detention is ordered for the purpose of trial for any offence.

I wish to emphasize that where possible shortly after their arrests the South African Police place these youths in the custody of their parents or guardians, release them on their own recognizance or, where circumstances permit, release them on bail.

When their further detention is essential in the interest of the administration of justice, they are referred to places of safety as defined in the Childrens Act, 1960 (Act 33 of 1960). In very exceptional instances their detention in police cells may, however, be authorized.

I also refer the hon member to my reply to oral question No 5 which I will reply to hereafter.

1. (a) 1 243 complaints
2. (b) 3 persons were charged and tried
   357 complaints were false
   330 complaints were withdrawn
   100 case dockets are presently with various Attorneys-General for their decisions
   453 complaints are still being investigated

Mr Speaker, the South African Police are bound by law to investigate a matter if complaints are lodged that a contravention has been committed. That is exactly what we do.

Mr Speaker, the answer is “no”.

I put question … [Interjections.] Order! The Chair will not allow interjections to be made while the presiding officer is talking.

Order! The hon member must resume his seat.

1. (a) 3
2. (b) 2

As thus far in 1988 3 persons have been prosecuted. One case has been finalized and 2 are still pending. As far as can be ascertained there are about 100 police dockets awaiting the decision of Attorneys-General.

I also refer the hon member to the reply to written question No 221 of 1987 (Hansard col 572 of 1987) where I have indicated that alternative steps are also taken against unlawful occupants, inter alia, by means of negotiations and the issuing of summonses and written notices.

1. (a) Yes.
   1. (i) Advocate Hassen Ebrahim Mall SC.
   2. (ii)
      1. (aa) On 19 January 1987 for the period 1 February 1987 to 28 February 1987.
      2. (bb) Natal Provincial Division of the Supreme Court of South Africa.
2. (b) No. I have on various occasions clearly stated that the judges are appointed on merit only. This was also the intention of the legislator when it was stated in the Supreme Court Act, 1959, that the only criterium for appointment as a judge is that he should be a fit and proper person. Judges are mainly appointed from the ranks of Senior Advocates. At present there are only two advocates outside the White group who have this status. One of them has held an acting appointment.

1. (a) and (b) Yes.
   1. (i) Runway 03R/21L and certain aircraft parking bays on the main apron.
   2. (ii)
      1. (aa) Since 11 January 1988 and 8 February 1988 respectively.
      2. (bb) The reasons for the temporary closure of runway 03R/21L are the attendance of the Aerodrome Control Course by 6 Air Traffic Control Cadets and the commissioning of a standby diesel generator. The aircraft parking bays are closed due to repair work on portions of the main apron.

No, because I do not consider it in the public interest to furnish this information. With reference to the number of persons who are detained in terms of the emergency regulations, the requirements of section 3(4) of the Public Safety Act, 1953 (Act 3 of 1953), have been complied with. In terms of these requirements a list of names of persons in detention for periods longer than 30 days was regularly tabled in Parliament during 1987 and was again tabled on 18 February 1988.

1. (a) and (b) fall away.

1. (1) 290 persons
   The following persons were however in detention at 08h00 on 23 February 1988:
   15 years of age —4 persons in Natal
   Under 15 years of age—none
2. (2) Yes.
   1. (a) 71 persons.
   2. (b) I refer the hon member to paragraph 2(b) of my reply to oral question No 10 of 16 February 1988.

14 917 persons at 804 police stations calculated for the period 1 January to 31 December 1987.

I wish to point out to the hon member that the majority of these persons were detained in terms of section 50 of the Criminal Procedure Act, 1977 (Act 51 of 1977). In terms of these provisions, persons may be detained for a period not exceeding 48 hours, unless they are brought before a lower court and their further detention for the purposes of trial, is ordered by the court on a charge of any offence.

An accused person may also, within the prescribed 48 hours and before he appears before court, be released —

• — in terms of section 54 of the said Act after a summons was served on him;
• — in terms of section 55 of the said Act after a written notice to appear in court was served on him;
• — in terms of section 57 of the said Act after he paid an admission of guilt fine;
• — in terms of section 58 of the said Act after bail was deposited;
• — in terms of section 72 (1)(a) of the said Act after he was warned to appear in court on a specific date;
• — in terms of section 72 (1)(b) of the said Act in the event of him being under the age of 18 years, and he is placed in the care of the person who has custody over him.

If the further detention of a person, after he has appeared in court, is essential in the interests of the administration of justice, that person is referred to a prison for detention. In very exceptional cases further detention in police cells is, however, authorized.

1. (1) Yes.
   1. (a) No official records are kept of companies or business organizations which are conducting experiments on animals.
   2. (b)
      1. (i) Training in respect of medical and veterinary professions;
      2. (ii) research in connection with the diagnosis and treatment of sicknesses in the medical and veterinary world;
      3. (iii) diagnostic tests in respect of disease conditions in man and animals; and
      4. (iv) testing of substances for use by man, animals and plants.
2. (2) No, but various State departments and organizations concerned with experiments on animals are at the moment preparing a code of ethics for the humane treatment of animals used in research, training, diagnosis and testing of substances in the Republic. Before this code is finalized, it will be discussed with all interested parties with a view to the implementation thereof.

Mr Speaker, that depends on the view taken by the particular committee which will be dealing with this matter and on their recommendations.

Mr Speaker, I feel that other hon members may not be au fait with the aspects referred to by the hon member for Sandton, and I therefore recommend that he place his further queries in this regard on the Question Paper.

The Animals Protection Act, 1962 (Act 71 of 1962), is aimed at the prevention of cruelty to animals in general. The scope of the Act is so wide that almost any act of cruelty to an animal — also in the course of experimentation — is punishable upon a successful prosecution in a court of law. Anyone who is of the opinion that any experiment conducted on an animal amounts to a punishable act of cruelty to that animal, can therefore report the matter for investigation to the charge office of any police station. The civil law can in appropriate cases also be employed to prevent cruelty to animals either in general or in cases of experimentation on animals. In this regard I can draw the hon member’s attention to the recent civil case in which the SPCA and the University of the Witwatersrand were involved.

The Act, however, contains no specific provision for the control or regulation of experiments on animals. Therefore, various State departments and organizations concerned with experiments on animals are at the moment preparing a code of ethics for the humane treatment of animals used in research, training, diagnosis and testing of substances in the Republic. Before this code is finalized, it will be discussed with all interested parties with a view to the implementation thereof.

Yes.

1. (a) Land in the vicinity of Old Crossroads and Nyanga.
2. (b) As soon as possible.

1. (a)
   1. (i) 31.
   2. (ii) 60 to 19 February 1988.
2. (b) Where areas are situated
   1. (1) Johannesburg
   2. (2) Durban
   3. (3) Estcourt
   4. (4) Howick
   5. (5) Cape Town
   6. (6) Delmas
   7. (7) Potchefstroom
   8. (8) Witbank
   9. (9) Volksrust
   10. (10) Colenso
   11. (11) Port Shepstone (2)
   12. (12) George
   13. (13) Strand
   14. (14) Hermanus
   15. (15) Vryburg
   16. (16) King William’s Town
   17. (17) Ottery (Cape)
   18. (18) Plettenberg Bay
   19. (19) Kimberley
   20. (20) Swellendam
   21. (21) Paarl
   22. (22) Malmesbury
   23. (23) Pietermaritzburg
   24. (24) Stellenbosch
   25. (25) East London
   26. (26) Queenstown
   27. (27) Parow
   28. (28) Knysna
   29. (29) Bellville
   30. (30) Somerset West
   31. (31) Milnerton
   32. (32) Gordon’s Bay
   33. (33) Fish Hoek
   34. (34) Nelspruit
   35. (35) Tongaat
   36. (36) Eshowe
   37. (37) Port Elizabeth
   38. (38) Worcester
   39. (39) Grabouw
   40. (40) Vredenburg
   41. (41) Montagu
   42. (42) Pietersburg
   43. (43) Nigel
   44. (44) Still Bay
   45. (45) Glencoe
   46. (46) Pinetown
   47. (47) Springs
   48. (48) Vanderbijlpark
   49. (49) Welkom
   50. (50) Benoni
   51. (51) Carnarvon
   52. (52) Kempton Park
   53. (53) Acasia
   54. (54) Kuils River
   55. (55) Moorreesburg
   56. (56) Durbanville
   57. (57) Mooi River
   58. (58) Randburg
   59. (59) Prieska
   60. (60) Roodepoort

1. (1) Yes.
2. (2) Yes.
   1. (a) The publication was sub-edited.
   2. (b) To disseminate information on the true nature of the ANC and international terrorism.
   3. (c) R352 150,00
   4. (d) 60 150
   5. (e)
      1. (i) Outside the RSA
      2. (ii) April to May 1987
      3. (iii) Identified opinion-makers
3. (3) Yes. A number of shortcomings and errors had come to light and the necessary corrections were made.
4. (4) Complete media statements concerning the publication in question were made on 27 and 28 June 1987. Therein the involvement of the SA Defence Force was explained against the background of the ANC’s strategy of terror against South Africa and the right of a country to defend itself against deeds of violence, terrorism and propaganda. The hon member is also referred to what the hon Minister of Defence said in this House in this regard. (Hansard, 1987, column 5943-5945).

Mr Speaker, the hon member’s question is rather muddled. If the hon member wishes to place it on the Question Paper I will reply to it next time.

Since 1 November 1986 the reservation of land in the Cape Province as nature areas vests in the Administrator, and not in the Minister of Constitutional Development and Planning.

It is the intention not to reserve any further nature areas in the Cape Province, as —

1. (a) the management of certain of the existing nature areas experiences problems which have to be resolved first;
2. (b) there is no definite information available in which inter alia, the advantages and disadvantages as to the inclusion of properties in a proposed nature area are set out to the property owners concerned. Such information is regarded as essential in order to ensure the co-operation of the property owners concerned. This information is to be compiled by the Department of Environment Affairs; and
3. (c) in clause 16 of the Draft Bill on Environment Conservation as published in Government Notice 353 of 1987, provision is made for the declaration of “Protected Natural Environments” which will probably replace nature areas. Should this concept be accepted, it will result in a better dispensation for private landowners.

1. (1) No.
   1. (a) , (b), (c) and (d) Fall away.
2. (2) No.
3. (3) No.

1. (1) No, but certain recommendations have already been implemented.
2. (2) and (3) The hon the Minister will cover the matter during my motion for the Second Reading of the South African Transport Services Appropriation Bill, 1988.

Yes.

1. (a) and (b) The Attorneys-General, Cape Town, Pietermaritzburg, Kimberley, Pretoria and Bloemfontein issued instructions that the dockets concerning such prosecutions be referred to them for decision. The Attorney-General, Grahamstown issued instructions in this regard during 1985. The Attorney-General, Johannesburg, issued instructions that statistics regarding such prosecutions be kept.
2. (c) (i) and (ii) To the various prosecutors under their control in order to have statistics available and to enable them to exercise direct control over such prosecutions.
3. (d) 1 January 1987 to 17 February 1988.

Mr Speaker, I am not aware of such guidelines since no such guidelines whatsoever exist because no such guidelines were issued.

1. (1) Yes.
   1. (a)
      1. (i) At the Office of the State President in Pretoria.
      2. (ii) On 27 October 1987.
   2. (b) The State President indicated that, in principle, the South African Government has no objection to independence for KwaNdebele. The three requirements laid down for independence were however reaffirmed.
2. (2) No; it is receiving continuous attention.
3. (3) Falls away.

1. (1)
   1. (a) Religious, charitable and educational institutions of a public character are excluded from the levy base on which the regional establishment levy is charged.
      Exemption from the regional establishment levy has been granted, in limited form, to such organizations as amateur sporting clubs; non-profitmaking organizations established to represent persons with common interests; agricultural control boards; State divisions serving mainly other State divisions; and State divisions, persons or employers providing housing or accommodation on a non-profitmaking basis, while non-profitmaking organizations engaged in nature conservation or animal protection activities have been exempted completely.
   2. (b) Exemption from the regional services levy has been granted to religious and charitable institutions of a public character and any non-profitmaking organization engaged in nature conservation or animal protection activities.
2. (2) Pension funds are liable for both the regional establishment levy and the regional services levy. Contributions by members and employers to such funds are, however, not subject to the regional establishment levy.
   The reason for subjecting pension funds to the levies is that they, like any other commercial undertaking, employ people and engage in independent and market related business operations.

(1) and (2) South African diplomats in the United States are not subjected to any restrictions which are not also applicable to diplomats of other countries and are consistent with recognized international practice and the principle of reciprocity.

1. (1) No.
2. (2) Falls away.

No.

1. (1) Yes, 97 secondary/high schools. The nature and intensity of the incidents cannot, however, be estimated from these statistics.
2. (2) 368 secondary/high schools. Information as on 3.3.1987.

1. (a) 147 schools.
2. (b) It is impossible to judge the intensity by which pupils were affected. The total enrolment at the above-mentioned schools was 128 022 pupils of which, according to survey, no more than half were affected in some way or another by boycotts or disburbances.

1. (1) Yes.
   1. (a) The Divisional Commissioner, Witwatersrand.
   2. (b) Several cases were investigated and completed on various dates.
   3. (c) The responsible person/persons could not be identified by the South African Police.
2. (2) No. Because the responsible person/persons were not identified.
3. (3) No.

1. (1) No. Because the investigations are extensive, it is not possible to indicate when they will be finalized.
2. (2) No.
3. (3) No.

Mr Speaker, as I have indicated, this investigation is extensive and it is not possible to indicate when it will be finished.

1. (1) No.
2. (2) Falls away.
3. (3) Falls away.

(1) and (2). No. The Joint Security Commission as such has not met since 1985. However, it may be mentioned that following a meeting which took place in Cape Town on 6 August 1987 between Minister R F Botha and Minister J S Veloso, a Joint Liaison Committee was established, in an attempt to improve relations between Mozambique and South Africa. This committee has already met three times, namely on 4 September 1987, 24 September 1987 and 15 January 1988.

1. (1)
   1. (a) 200 persons on 6 February 1988.
   2. (b) Sufficient members to deal with a given situation.
   3. (c) The name furnished by the hon member.
2. (2) Yes.
   1. (a) One helicopter and one fixed wing aircraft.
   2. (b) For purposes of observation.
3. (3) No.
   1. (a) and (b) Fall away.

1. (1) No.
2. (2) and (3) Fall away.

1. (1) Yes.
   1. (a)
      1. (i) On 7 February 1988.
      2. (ii) At approximately 19h05 in the prison hospital.
   2. (b) A post-mortem examination was conducted on 9 February 1988 at which a private medical doctor who was appointed by the family was present. The results are not yet known. Apparently the results of laboratory tests are awaited.
   3. (c) A sentence of 4 years imprisonment.
   4. (d) W. Ndunjana.
2. (2) According to the members who were on duty at that stage he was apparently short of breath. The question of whether it was an asthma attack will be answered by the results of the post-mortem examination.
3. (3) He regularly received medication as prescribed by a medical practitioner and at the time he was treated by a registered nursing sister who consulted a medical practitioner telephonically in this regard.
4. (4) Yes. His medical history was on record and available and he was under regular care of medical practitioners whose prescriptions were adhered to.
5. (5) Yes, in terms of the deconcentration policy whereby prisoners are transferred to other prisons to keep the population of all prisons as low as possible.

1. (1) Yes, I, however, do not consider it of public interest to divulge this information, but am prepared to give it to the hon member in confidence.
2. (2)
   1. (a) No.
   2. (b) Yes.
      1. (i) 7.
      2. (ii) Three members had been summoned to the Parliament Building where they were arrested and detained at the Independence Stadium in Mmabatho with the President of Bophuthatswana and members of his Cabinet. The other four members were apprehended at Malopo Base when they reported for duty.
3. (3) As in any other independent country where RSA citizens serve, the safety of foreign nationals is the responsibility of the host government. Particulars about measures which have been instituted can, however, not be supplied, as this would reduce the effectiveness thereof.

Yes.

1. (a) 10 February 1988 to 22 February 1988.
2. (b) The hon member is referred to the statement made by the State President in this Parliament on 10 February 1988.
3. (c) Five 5,56 mm rounds.
4. (d) The rebels surrendered and the hostages were freed.

1. (1) Yes.
   1. (a) and (b) It is not policy to divulge personnel strengths or names of personnel involved in operations.
   2. (c) As at 15 February 1988 the cost for fuel, rations, ammunition and salaries was R58 588,48.
2. (2) No.
3. (3) No.

1. (1) Yes.
   1. (a) Meetings were held on:
      3 December 1987
      21 January 1988
      4 February 1988
      10 February 1988
      22 February 1988
   2. (b) These meetings have taken place with the Teachers’ Federal Council.
   3. (c) Facts and points of view that have a bearing on the issue were noted by both parties. There is a need to continue the discussion. Further discussions with other components of the organized teaching profession have already been arranged or are in the process of being arranged.
2. (2) Yes, the Department of Education and Culture (Administration: House of Assembly).
3. (3) Yes.
4. (4) Yes. A preliminary evaluation has been completed. The determination of the salary position of educators relative to other comparable occupational groups in the public sector has now been referred to CES/RECES for further investigation. This investigation will lead to final evaluation of this documentation.
5. (5) No.

Mr Speaker, I am in discussion now with the teaching profession in this regard. A committee on which they and all other interested parties serve, is considering the report which has been submitted to me and also the preliminary evaluation. It would be incorrect to start debating this now in public. We must give the interested parties the opportunity to use the machinery which has been specially created for negotiation in this regard.

Since Question No 35 of 16 June 1987 the position is as follows:

1. (1) Yes.

1. (b) The bodies in (a) support the establishment of a general registration body for teachers in principle.

1. (2) Yes.
   1. (a) and (b) A draft Bill was made available for comment to the Teachers’ Federal Council, the Teachers Association of South Africa, the African Teachers’ Association of South Africa and the Union of Teachers’ Associations of South Africa. The draft Bill was discussed with the Joint Committee of Education Ministers.
   2. (c) The comments of the African Teachers’ Association of South Africa and the Union of Teachers’ Associations of South Africa are being awaited. The other bodies in (a) and (b) support the establishment of a general registration body for teachers in principle.
2. (3) No. Since the process of consultation has not yet been finalized, further details are not being disclosed.

1. (1) (a), (b) and (c) yes,
2. (i)
   1. (aa) Winburg High School,
   2. (bb) Mr J A M Volschenk,

The matter is currently being investigated by the Director of Education, OFS in accordance with the stipulations of the Ordinance:

1. (1) (ii) (aa), (1) (ii) (bb), (1) (iii) and (1) (iv) fall away;
2. (2) (a) and (b) fall away;
3. (3) yes, if necessary.

Mr Speaker, if the hon member had only listened carefully to what I said, he would not have needed to waste the House’s time. I did say that the matter is being investigated at the present moment, after which we shall, if necessary, make a statement. I cannot furnish further answers at the present moment.

1. (1) Yes,
   1. (a)
      1. (i) Mr M H O Kloppers,
      2. (ii) Laerskool Sanddrift,
   2. (b) NP;
2. (2) the department is investigating this matter that has just come to its attention;
3. (3) Yes, if necessary.

Mr Speaker, I shall let my reply suffice, but I should like to add that people who live in glass houses should not throw stones. [Interjections.]

1. (1) Yes,
   1. (a) quotas have been abolished and policy regarding the admission of students of other population groups has been devolved to the respective councils which formulate their own policy in consultation with the Minister,
   2. (b) the past year,
   3. (c) the Minister, the Department of Education and Culture, and the technikons;
2. (2) no.

Mr Speaker, in reply to the hon member’s supplementary question, the main question was whether quotas had been abolished or not. The reply to that is that the quotas have in fact been abolished and that each particular council will decide for itself on the admission of its students on a basis as agreed upon with the Minister. However, the quotas have been abolished.

Mr Speaker, naturally all these discussions with rectors and councils of technikons were held on a confidential basis. We have reached agreement about the policy they proposed. This all took place in co-operation with one another and in the interests of the technikons themselves, just as the policy was formulated by the technikons themselves.

Mr Speaker, the hon member must have such a question placed on the Question Paper if he wishes. This particular question dealt only with the quotas for admission to technikons.

Mr Speaker, in the nature of things it is, after all, the technikon itself that decides, according to the new arrangement, on the admission of its students, and if such technikon decides that it will make it public, it is quite within its rights to do so. However, I am just not going to do that on behalf of the technikons.

1. (1) Yes, you will be provided with a copy of the guidelines;
2. (2) no,
   1. (a) and (b) fall away;
3. (3) no.

1. (1) Yes,
   details of this nature are not made public before the budget has been approved;
2. (2) no.