House of Assembly: Vol7 - THURSDAY 17 MARCH 1988

THURSDAY, 17 MARCH 1988 HOUSE OF ASSEMBLY

†Indicates translated version.

For written reply :

General Affairs:

Lawsuits against Minister 115. Mr S S VAN DER MERWE

asked the Minister of Law and Order:

  1. (1) (a) How many lawsuits were brought against him in his capacity as Minister of Law and Order in 1987 by members of the public and (b) what (i) were the circumstances of the lawsuits and (ii) was the outcome in each case;
  2. (2) whether he paid out any money (a) as a result of successful lawsuits brought against him and (b) in out-of-court settlements; if so, what total amount?
The MINISTER OF LAW AND ORDER:

(1)

(a)

171 lawsuits, i.e. after summonses were issued and finalized.

(b)

(i) Damage to vehicles as result of collisions

102

Damage to property as result of vehicle collisions

3

Damage to property as result of police action

1

Unlawful arrest and detention

26

Injuries as result of vehicle collisions

7

Assaults

12

Shooting incidents (injuries)

9

Shooting incidents (damage to property)

1

Bitten by police dog

4

Loss of maintenance

2

Unlawful searching

1

Confiscation of property

2

Disposal of property

1

171

(ii) These lawsuits were settled as follows:
145 cases were settled out of court;
2 cases were decided in favour of the claimants, with cost;
3 cases were abandoned;
21 cases were withdrawn.

  1. (2)
    1. (a) Yes —R380,00
    2. (b) Yes — R351 032,47 of which R240 877,50 was paid owning to damage which resulted from vehicle collisions.
      The balance represents claims which were instituted due to other causes as referred to in paragraph 1(b)(i) above.

Note: Instances settled out of court are mostly those in respect of vehicle collisions where it is obvious that the members of the Force concerned, are the guilty parties. Such settlements before court proceedings are instituted, are cost effective.

In other instances notices of contemplated actions were received, but due to the fact that summonses were not issued, these instances are not included in paragraph 1(a).

In other instances summonses were already issued but are not yet finalized. Because the work involved in compiling this information would be voluminous and time-consuming, it is not practically feasible to furnish this information.

The increase in the amount of lawsuits can among other things be ascribed to the fact that legal representatives of claimants prefer to issue summonses in order to expidite claims.

Civic halls/sports fields/community facilities occupied by members/units of SAP 121. Mr S S VAN DER MERWE

asked the Minister of Law and Order:

Whether any members or units of the South African Police occupied any (a) civic halls, (b) sports fields and (c) other specified community facilities in Black townships in 1987 for use by the Police or security forces; if so, (i) how many and (ii) in which towns or cities were these facilities located?

The MINISTER OF LAW AND ORDER
  1. (a) to (c) No
  2. (i) and (ii) Fall away.
Road-blocks: persons shot dead/injured by SAP 122. Mr S S VAN DER MERWE

asked the Minister of Law and Order:

(a) What are the names of the persons (i) shot dead and (ii) injured by the South African Police at road-blocks in 1987, (b) on what date was each such person shot dead or injured and (c) what were the circumstances surrounding the shooting in each case?

The MINISTER OF LAW AND ORDER:
  1. (a) and (b)
    1. (i) Madeira Moses Kgasi on 2 September 1987
    2. (ii) None.
  2. (c) I am not prepared to furnish particulars with regard to this death because the inquest is not finalized yet and I do not want to anticipate the administration of justice.
Persons joining Police Reserve Force 128. Mr S S VAN DER MERWE

asked the Minister of Law and Order:

  1. (1) How many persons joined the Police Reserve Force at police stations in each province of the Republic in 1987;
  2. (2) how many reservists retired from service in that year?
The MINISTER OF LAW AND ORDER:

(1)

Cape Province

1 162 persons

Transvaal

1 901 persons

Orange Free State

450 persons

Natal

768 persons

4 281 persons

(2) 5 735 reservists

Note: Retirements from duty are mainly attributed to reservists who reached the prescribed age limit or became inactive. Several police stations were transferred to the KwaZulu Government. The services of reservists who performed duty at these stations were also terminated.

Teachers detained/restricted 243. Mr S S VAN DER MERWE

asked the Minister of Law and Order:

Whether any teachers were (a) detained by the South African Police, and (b) restricted, in terms of the emergency regulations in 1987 ; if so, how many in each case?

The MINISTER OF LAW AND ORDER:

(a) and (b)

The South African Police do not keep record of detainees’ occupations, therefore I cannot reply to the question by the honourable member.

Equipment to civilians for private use: investigation 252. Mr S S VAN DER MERWE

asked the Minister of Law and Order:

  1. (1) Whether, with reference to his reply to Question No 26 on 23 June 1987, the investigation into allegations that departmental equipment was supplied to civilians for private use has been completed; if not, (a) why not and (b) when is it anticipated that it will be completed; if so, (i) when and (ii) what were the findings;
  2. (2) whether any persons have been charged in connection with this investigation; if so, (a) who, (b) when and (c) what are the charges in each case; if not, what progress has been made in this investigation;
  3. (3) whether any other action has been taken in connection with this matter; if so, what action;
  4. (4) whether he will make a statement on the matter?
The MINISTER OF LAW AND ORDER:
  1. (1) Yes
    1. (a) and (b) Fall away.
      1. (i) 1 September 1987
      2. (ii) A case docket was submitted to the Attorney-General. He declined to institute prosecution and recommended that departmental steps be taken.
  2. (2) (a) to (c) Yes. An officer of the South African Police was departmentally charged, tried and convicted on 30 November 1987 on 5 charges of contravening Regulation 58(29) of the South African Police Regulations because he used Government property unlawfully or lost it through negligence.
  3. (3) Yes. The officer concerned was transferred and control measures increased.
  4. (4) No.
Price of diesel fuel: increase 525. Mr C J DERBY-LEWIS

asked the Minister of Economic Affairs and Technology:

  1. (1) Whether the price of diesel fuel was increased in 1987; if so, what was the extent of the increase;
  2. (2) whether this increase was enacted separately from other fuel price increases or decreases; if so, why?
The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:
  1. (1) Yes, in certain instances. Various changes had an impact on diesel fuel prices which became effective on 1 July 1987, namely,
    1. (a) a general decrease in the basic price before taxes, levies and transport costs as a result of lower landed costs, and the phasing out of the cumulative overrecovery on diesel by moving into a unit-underrecovery position on diesel and a reduction of the Equalisation Fund levy on diesel;
    2. (b) an increase in rail tariffs with effect from 1 July 1987;
    3. (c) an increase of 2c/l in the National Road Fund Levy at that date; and
    4. (d) a pooling of levies and taxes, inclusive of general sales tax, in a uniform fuel levy together with the introduction of a refund system for certain categories of diesel consumers; and
    5. (e) the restructuring of the price grids.
      Consumers who did not qualify for rebates on taxes and levies experienced generally a price decrease of an average of 3c/l except in the Northern and North Eastern Transvaal where the elimination of the cross subsidisation of transport costs in these areas had the effect of increasing prices.
      Certain consumers who obtained rebated diesel for productive purposes also experienced increases as a result of the application of the refund system in as much that general sales tax is not refundable in respect of certain diesel applications.
  2. (2) No.
Electric shark barrier programme, Margate: total cost 646. Mr M J ELLIS

asked the Minister of Economic Affairs and Technology:

  1. (1) (a) What has been the total cost of the electric shark barrier programme at Margate as at the latest specified date for which information is available and (b) what body is responsible for (i) financing and (ii) administering this programme;
  2. (2) whether this programme is to be continued; if not, when was this decision taken;
  3. (3) whether the results of this programme have met the expectations which led to its implementation; if not, why not;
  4. (4) whether he will make a statement on the matter?
The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:
  1. (1)
    1. (a) R1 850 000
    2. (b)
      1. (i) and (ii) Council for Scientific and Industrial Research (CSIR)
  2. (2) Yes.
  3. (3) The programme comprises an experimental phase. Good results have already been achieved with the preliminary tests. The biological tests on sharks under full operating and different sea conditions still have to be carried out.
  4. (4) No.
Coal transported by road to Sasol, Secunda 676. Mr H J COETZEE

asked the Minister of Economic Affairs and Technology:

(a) Whether he will furnish information on coal transported by road to Sasol in Secunda; if not, why not; if so, how many tons of coal are being so transported per month, (b) what routes are being used for this purpose and (c) for (i) how many and (ii) what specified months has coal been transported in this manner?

The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:
  1. (a) No, because it is confidential commercial information of a private sector company which is not at the disposal of the Department of Mineral and Energy Affairs and it is suggested that you direct your enquiry directly to Sasol.
  2. (b) Falls away.
  3. (c) (i) and (ii) Fall away.
Overseas visitors: guests of Bureau for Information 684. Mr C J DERBY-LEWIS

asked the Deputy Minister of Information:

With reference to his reply to Question No 547 on 7 October 1987, how many overseas visitors who were guests of the Bureau for Information in 1987 were unable to meet representatives of (a) the National Party, (b) the Progressive Federal Party, (c) the Conservative Party, (d) Inkatha and (e) the Soweto Civic Association as a result of the itineraries of these guests not permitting of such meetings?

The DEPUTY MINISTER OF INFORMATION:

The Bureau for Information does not have a foreign guests programme but handles guests of the Department of Foreign Affairs on an agency basis. The basic guideline for each guest programme is however compiled by the Department of Foreign Affairs.

No records are kept of meetings that did not take place as a result of itineraries that could not accommodate them.

(a), (b), (c), (d), and (e) Fall away.

Accident at No 10 shaft of St Helena Mine: investigation 713. Mr C J DERBY-LEWIS

asked the Minister of Economic Affairs and Technology:

  1. (1) Whether, with reference to his reply to Question No 527 on 7 October 1987, the investigation into the cause of the accident at the No 10 shaft of the St Helena Mine on 31 August 1987 has been completed; if not, (a) why not and (b) when is it anticipated that the investigation will be completed; if so,
  2. (2) whether there was any evidence of negligence on the part of persons concerned with this mine; if so, on whose part;
  3. (3) what were the other findings in this regard?
The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:
  1. (1) No.
    1. (a) As a result of the extent and conditions of the accident, a large number of witnesses is involved and the enquiry, in terms of article 5(1) of the Mines and Works Act, 1956 (Act 27 of 1956) is time consuming.
    2. (b) It is expected that the enquiry will be completed by June 1988.
  2. (2) Falls away.
  3. (3) Falls away.
Committee in Pretoria: financed by Bureau for Information 718. Mr C J DERBY-LEWIS

asked the Deputy Minister of Information:

Whether the Bureau for Information is involved in financing a certain committee in Pretoria, the name of which has been furnished to the Bureau for the purpose of the Deputy Minister’s reply; if so, (a) why, (b) to what extent per annum and (c) what (i) are the aims and objects and (ii) is the name of this committee?

The DEPUTY MINISTER OF INFORMATION:

No.

  1. (a) and (b) Fall away.
  2. (c) (i) and (ii) Fall away.

Own Affairs:

Christmas cards sent out 51. Mr P G SOAL

asked the Minister of Local Government, Housing and Works:

  1. (1) Whether (a) he and/or (b) his Department sent out Christmas cards in 1987; if so, (i) what total number of cards was printed, (ii) to whom were they sent, (iii) what was the total cost of producing and distributing these cards, and (iv) who was responsible for printing them, in each case;
  2. (2) whether postage stamps were used to send out these Christmas cards; if not, how were they distributed?
The MINISTER OF LOCAL GOVERNMENT, HOUSING AND WORKS:
  1. (1)
    1. (a) Yes
    2. (b) Yes
      1. (i) 1 275
      2. (ii) In the discretion of the Minister and the Head of Department.
      3. (iii) R1 573,25
      4. (iv) The Government Printer
  2. (2) The Minister’s Christmas cards were distributed as official postal material.

In the case of the Head of the Department only Christmas cards, by virtue of his office, were distributed as official postal material.

HOUSE OF DELEGATES

†Indicates translated version.

For oral reply:

General Affairs:

Question standing over from Thursday, 10 March 1988:

Hout Bay police station/police cells: detention/ death of certain person *3. Mr M RAJAB

asked the Minister of Law and Order:

  1. (1) Whether a certain person, particulars of whom have been furnished to the South African Police for the purpose of the Minister’s reply, was detained by the Police at a Peninsula police station on or about 31 December 1987; if so, (a) when, (b) where, (c) why, (d) in terms of what statutory provisions and (e) what is the name of this person;
  2. (2) Whether this person died in detention; if so, (a) when, (b) where and (c) what were the circumstances surrounding his death;
  3. (3) whether he will make a statement on the matter?
The MINISTER OF LAW AND ORDER:
  1. (1) Yes.
    1. (a) At 20h30 on 30 December 1987.
    2. (b) Hout Bay police station.
    3. (c) and (d) The person was arrested in terms of section 50(1) of the Criminal Procedure Act, 1977 (Act 51 of 1977) on the following charges:
      Section 2 of the Dangerous Weapons Act, 1968 (Act 71 of 1968) — Possession of a dangerous weapon;
      Section 51 of the Criminal Procedure Act, 1977 (Act 51 of 1977) —Escaping from legal custody;
      Assault with the intent to do grievous bodily harm.
    4. (e) The name furnished by the honourable member.
  2. (2) Yes.
    1. (a) 31 December 1987.
    2. (b) Hout Bay police cells.
    3. (c) The person apparently committed suicide by hanging himself from the bars of his cell with a cloth waistband which he had unstitched from his trousers.
  3. (3) Yes.
    A post mortem was carried out on the body of the person and the matter was fully investigated. It is anticipated that an inquest will be held shortly.

New Questions:

Ethanol working group *1. Mr M RAJAB

asked the Minister of Agriculture:

  1. (1) Whether his Department has appointed an ethanol working group; if so, (a) when and (b) what were its terms of reference;
  2. (2) whether this working group has (a) completed its task and (b) made any recommendations to his Department; if so, (i) when and (ii) what (aa) are these recommendations and (bb) is the response of his Department thereto;
  3. (3) whether he will make a statement on the matter?
The DEPUTY MINISTER OF AGRICULTURE:
  1. (1) No.
  2. (2) and (3) Fall away.
Hormone herbicide damage to crops: committee appointed *2. Mr M RAJAB

asked the Minister of Agriculture:

  1. (1) Whether he has appointed a committee to advise him on matters relating to hormone herbicide damage to crops in (a) the Republic in general and/or (b) Natal in particular; if so, (i) when and (ii) what were its terms of reference;
  2. (2) whether this committee has submitted a report; if so, (a) when and (b) what are its recommendations;
  3. (3) whether he will make a statement on the matter?
The DEPUTY MINISTER OF AGRICULTURE:
  1. (1)
    1. (a) Yes.
    2. (b) No.
      1. (i) 3 July 1987.
      2. (ii) To advise the Minister on:
        • * ways and means that could be adopted to prevent or reduce loss or damage due to the use of herbicides. The ways and means can be related to the prohibition or part prohibition on the use of a particular agricultural remedy or remedies registered in terms of the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act 36 of 1947). Measures may also pertain to certain specified areas of the RSA;
        • * relevant research that should be undertaken either by the Department of Agriculture and Water Supply or under contract by universities on request by the Department; and
        • * guidance that ought to be rendered to the users of agricultural remedies (herbicides).
  2. (2) Yes, an interim report was submitted.
    1. (a) 22 January 1988
    2. (b)
      • * That the present prohibition in the Tala Valley remains in force;
      • * that research be continued in connection with the monitoring of the presence of active ingredients of herbicides in the air, rain and irrigation water; and
      • * that priority be given to research in connection with the levels at which the remedies concerned detrimentally affect plants.
  3. (3) No, a statement will be made after the final report and recommendations of the advisory committee have been received and considered.
Mr J V IYMAN:

Mr Chairman, arising out of the hon the Deputy Minister’s reply, could he tell us if this investigation is only being done in the Tala Valley, or are there other affected areas within the Camperdown farming area?

The DEPUTY MINISTER:

Mr Chairman, the main problems started in the Tala Valley and have extended to other areas as well.

Own Affairs:

Teachers qualified at teacher-training institutions: employed by Department *1. Mr K CHETTY

asked the Minister of Education and Culture:

Whether all Indian teachers who qualified at teacher-training institutions under the control of his Department in 1987, have been employed by his Department; if not, (a) why not and (b) how many of these teachers were (i) employed and (ii) not employed by his Department as at the latest specified date in 1988 for which information is available?

The MINISTER OF EDUCATION AND CULTURE:
  1. (1) No.
    1. (a) No teachers qualified at teachertraining institutions under the control of my Department in 1987.
    2. (b) (i) and (ii) fall away.
Mr P I DEVAN:

Mr Chairman, arising out of the hon the Minister’s answer, will he indicate the number of teachers who qualified from UDW and, if he can indicate at this stage how many of them are employed by the department?

The MINISTER:

Mr Chairman, I am not in a position to do that, because the question was not framed to allow for that answer. I will provide the information at a later stage.

Mr J V IYMAN:

Mr Chairman, further arising from the hon the Minister’s answer, can he tell us why no teachers qualified, or did all those enrolled students fail?

The MINISTER:

Mr Chairman, if the hon member for Camperdown had kept up his knowledge of teacher training, he would have known that we have introduced a four-year diploma course which will only be completed this year.