House of Assembly: Vol7 - WEDNESDAY 23 MARCH 1988

WEDNESDAY, 23 MARCH 1988 HOUSE OF ASSEMBLY

†Indicates translated version.

For written reply :

General Affairs:

Detainees: hunger strikes 419. Dr M S BARNARD

asked the Minister of Justice:

Whether any detainees have gone on hunger strikes since 1 February 1987; if so, (a) how many as at the latest specified date for which information is available, (b) in what prisons, (c) in terms of what statutory provisions were the hunger strikers being held and (d) what action was taken as a result?

The MINISTER OF JUSTICE:

Yes.

  1. (a) and (b) It occurs from time to time that prisoners, including emergency regulation detainees to whom the honourable member is possibly referring and as to whom he is probably seeking more information, refuse to eat. In some cases it is indicated to be the start of a so-called hunger strike, but then food is taken at the next mealtime. In other cases meals are refused at successive meal times while other foodstuffs, bought with private cash and in the possession of the detainees, are eaten. This process, with all its variations may be repeated by one detainee or groups on several occasions within a few days and are mostly undertaken on an obviously orchestrated basis.
    I have informed the honourable member in reply to Oral Question No 25 of 2 June 1987, that statistics of so-called hunger strikes by detainees are not kept centrally and can only be obtained and processed with a considerable manpower input. By means of a country-wide survey specially undertaken to enable me to reply to this question, it was ascertained that emergency regulation detainees were involved in 15 such incidents between 1 February 1987 and 31 December 1987 at the following prisons:
    Durban Male Prison
    East London Prison
    Kroonstad Prison
    Modderbee Prison
    Pollsmoor Prison
    Port Elizabeth Prison
    Potchefstroom Prison
    Victor Verster Prison
  2. (c) Regulation 3(1) of the regulations published in terms of the Public Safety Act, 1953 (Act 3 of 1953) by Proclamation R109 of 12 June 1986 and R96 of 11 June 1987.
  3. (d) In cases where a detainee or any other prisoner indicates his refusal to eat or when the staff notice that food has not been taken during successive mealtimes, the Heads of Prisons consistently act in accordance with internationally accepted practices. Standard procedure includes that:
    • — The serving of the prescribed balanced diet at every mealtime is continued with.
    • — Participants are cautioned regularly about the disadvantageous effects that such an action may have on their health.
    • — Medical treatment is continually available.
    • — Complaints and requests are formally registered on a daily basis and all complaints, requests, causes or imagined reasons advanced for the hunger strike, if any, are thoroughly investigated, attended to and resolved within reasonable limits.
Prison warders killed/injured by prisoners 468. Mrs H SUZMAN

asked the Minister of Justice:

  1. (1) Whether any prison warders were (a) killed and (b) seriously injured by prisoners in 1987; if so, (i) how many and (ii) in which prisons;
  2. (2) whether any prisoners were (a) killed and (b) seriously injured by fellow-prisoners in that year; if so, (i) how many and (ii) in which prisons?
The MINISTER OF JUSTICE:
  1. (1)
    1. (a) No, no member of the South African Prisons Service was killed by prisoners during 1987.
      1. (i) and (ii) fall away.
    2. (b) Yes.
      1. (i) and (ii)
        Nine (9) members of the South African Prisons Service were seriously injured by prisoners during 1987 at the prisons mentioned below and a further 99 members received medical treatment/consultations for minor injuries sustained as a result of assaults by prisoners:
        Bien Donne
        Sasolburg
        Uniondale
        Victor Verster Medium A
        Witbank Male
  2. (2)
    1. (a) Yes.
      1. (i) and (ii)
        All deaths in prisons, where a medical practitioner is unable to certify that the prisoner died as a result of natural causes, are dealt with in terms of Section 86 of the Prisons Act, 1959 (No. 8 of 1959).
        During 1987, 9 prisoners were killed by fellow prisoners at the following prisons:
        Bethlehem
        Goedemoed Medium B
        Greytown
        Kroonstad Medium A
        Kroonstad Medium B
        Malmesbury
        Pollsmoor Maximum
        Vereeniging Male
    2. (b) Yes.
      1. (i) and (ii)
        The South African Prisons Service regards every complaint of an alleged assault, no matter how petty, in a serious light. Prisoners are daily given the opportunity to lodge any complaints or requests, and preventative measures, for example the re-allocation of sleeping quarters or working places, are instituted should it appear that there is reason to believe that a prisoner is threatened.
        In the case of injuries which are related to complaints of alleged assault, a suitable entry is made in a complaints register and/or a register of injuries and besides the necessary medical treatment which may be administered or prescribed by the medical officer, a departmental inquiry into the alleged assault is instituted. Where such complaint is substantiated suitable action is taken in terms of Prisons Regulation 99 in the case of minor assaults, while complaints of serious assault are reported to the South African Police without delay for investigation in order that the legal process may take its normal course.
        In total 1 030 prisoners were injured in such a manner as a result of assault by fellow prisoners in the following prisons, that they had to be referred to prison hospitals or hospitals outside prisons:
        Allandale
        Hawequa
        Paarl
        Staart van Paardeberg
        Barberton Medium A
        Barberton Medium B
        Barberton Maximum
        Nelspruit Male
        Baviaanspoort Maximum
        Louis Trichardt Male
        Pietersburg Male
        Bethal Male
        Geluk
        Bloemfontein Male
        Grootvlei Medium
        Winburg
        Brandvlei Maximum
        Caledon
        Helderstroom Medium
        Stanger
        Durban Medium A
        Durban Medium B
        Durban Medium C
        Durban Female
        George Male
        Uniondale
        Victoria-West
        Goedemoed Medium A
        Goedemoed Medium B
        Middelburg (Cape) Male
        Groenpunt Medium
        Groenpunt Maximum
        Sasolburg
        Vereeniging Male
        Vereeniging Female
        Johannesburg Medium C
        Johannesburg Female
        Kandaspunt
        Douglas Male
        Hopetown Kuruman
        De Aar
        Colesberg
        Potchefstroom Male
        Rustenburg Male
        Wolmaransstad
        Bethlehem
        Frankfort
        Hennenman
        Kroonstad Medium A
        Kroonstad Medium B
        Kroonstad Female
        Ventersburg
        Virginia Male
        Leeuwkop Medium A
        Leeuwkop Medium B
        Leeuwkop Medium C
        Leeuwkop Maximum
        Heidelberg Male
        Modderbee
        Nigel
        King William’s Town
        East London Medium A
        Pietermaritzburg Medium A
        Sevontein
        Estcourt
        Port Shepstone
        Pollsmoor Maximum
        Pollsmoor Female
        Cradock
        Grahamstown Female
        Patensie
        Port Elizabeth Male
        St Albans Medium
        St Albans Maximum
        Graaff-Reinet
        Losperfontein
        Pretoria Local
        Pretoria Maximum
        Pretoria Central
        Pretoria Female
        Voortrekkerhoogte
        Walvis Bay
        Robben Island
        Koelenhof
        Simondium
        Victor Verster Medium A
        Victor Verster Medium B
        Victor Verster Maximum
        Waterval Medium A
        Waterval Medium B
        Ladysmith (Natal)
        Middelburg (Tvl)
        Witbank Male
        Woestalleen
        Dwarsrivier
        Obiqua
        Rawsonville
        Warmbokveld
        Worcester Male
        Zonderwater Medium
        Zonderwater Open
Prisoners: charges of assault against prison wardens 473. Mrs H SUZMAN

asked the Minister of Justice:

  1. (1) Whether any charges of assault were laid by prisoners against prison warders in 1987; if so, how many charges;
  2. (2) whether departmental inquiries were held into these charges; if not, why not; if so, what were the findings;
  3. (3) whether any persons were convicted; if so, how many?
The MINISTER OF JUSTICE:
  1. (1) Yes, a total of 1 769 complaints of alleged assault was received and registered.
  2. (2) Yes.
    The South African Prisons Service regards every complaint of an alleged assault on a prisoner by a member of the Prisons Service, no matter how petty, in a very serious light. In terms of the Standing Prisons Service Orders, every complaint of alleged assault is registered in the appropriate register and properly investigated by the Commanding Officer.
    Likewise, the assault on personnel by prisoners is also not tolerated and offenders are strictly dealt with.
    In respect of 1 184 of the complaints of alleged assault on prisoners by members, no substance could be found after thorough investigation to institute charges against any member of the Prisons Service. Of the remaining 585 complaints a total of 95 was referred to the South African Police for further investigation while 388 complaints resulted in departmental hearings in terms of Prisons Regulation 71(1)(hh) read with Section 53 of the Prisons Act, 1959 (Act no. 8 of 1959). The remaining 102 complaints are still being investigated.
  3. (3) The results of the formal charges were as follows:
    Trials in terms of Prisons Regulation 71(1)(hh) read with Section 53 of the Prisons Act:
    144 Members were found guilty on 136 charges.
    198 Members were found not guilty on 187 charges.
    65 Charges involving 72 members are still in the process of finalization.
    Complaints investigated by the South African Police:
    14 Members were found guilty in 11 cases. 5 Members were found not guilty in 5 cases.
    The Attorney-General refused to prosecute in 55 cases involving 101 members.
    In 24 cases involving 26 members the outcome of the Police investigation or the Attorney-General’s decision is not yet available.
Interest rates charged by financial institutions 530. Mr C J DERBY-LEWIS

asked the Minister of Finance:

  1. (1) Whether interest rates of between 28 and 32 per cent were charged in the recent past by financial institutions in the Republic; if so, (a) when, (b) in terms of what statutory provisions and (c) on whose authority;
  2. (2) whether he will make a statement on the charging of such interest rates?
The MINISTER OF FINANCE:
  1. (1) Information concerning the interest rates determined for individual clients by banks and other financial institutions with regard to a variety of credit and loan transactions, is confidential and not available to the Reserve Bank.
    Interest rates are determined in the market in accordance with the general economic and liquidity situation. Factors which influence interest rates on specific credit transactions are the amount and type of credit involved, the creditworthiness of the client and the available security. Competition among institutions ensures that lending rates reflect the availability of credit and the market conditions prevailing at the time.
    Intervention by the authorities in the determination of lending rates is very limited. In this regard the most important contribution, with a view to preventing the exploitation of the public, is the setting of maximum rates that institutions may charge. It must be stressed that only maximum rates are set and that no indication is given as to the rate which should be charged. As from 4 December 1987 these rates, which are determined in terms of the Usury Act, are as follows:
    Any loan or credit transaction up to and including an amount of R4 000—23 per cent.
    For amounts above R4 000 up to and including R70 000—20 per cent.
    For amounts above R70 000 no maximum is laid down.
    For the period 23 January 1987 to 3 December 1987, the two rates applicable were 23 per cent and 19 per cent respectively. The ruling in respect of amounts above R70 000 was the same.
    The adjustment of the prescribed maximum rates ensures that they also reflected conditions in the financial markets prior to 23 January 1987 The highest limit in force in recent years was during the period 7 August 1984 to 11 February 1986, when a maximum rate of 32 per cent applied to certain transactions. It is important to note that the prime overdraft rate, which is a broad indication of rates on credit transactions (although it applies only to prime clients), reached a maximum of 25 per cent during the period 4 August 1984 to 18 November 1987 and again from 8 January 1985 until 6 May 1985. It may be that contracts entered into at the high rates were still valid for a certain period thereafter.
  2. (2) No.
Vito Roberto Palazzolo: luxury cars landed in RSA 671. Mr D J N MALCOMESS

asked the Minister of Finance:

  1. (1) Whether a certain person, whose name has been furnished to the Minister’s Department for the purpose of his reply, landed any luxury cars in South Africa; if so, (a) when, (b) where, (c) how many, (d) what is the name of this person and (e) what total amount was paid by or on behalf of this person in respect of the importation of these cars;
  2. (2) whether the amount so paid differed from the amount normally payable in respect of the importation of such cars; if so, (a) why and (b) what was the difference?
The MINISTER OF FINANCE:
  1. (1) Yes.
    1. (a) On 28 February 1987.
    2. (b) At East London.
    3. (c) One.
    4. (d) Vito Roberto Palazzolo.
    5. (e) The duty was fully rebated in terms of item 407.04/87.00/01.00 of Schedule No. 4 to the Customs and Excise Act (Act 91 of 1964). This rebate is afforded in respect of motor vehicles imported by immigrants and according to information available at the time of importation, the importer complied in all respect with the conditions of the rebate item.
  2. (2) No, the aforementioned rebate provision is applicable in cases where the motor car is imported by an immigrant who complies with all the conditions specified in such provision.
Human Sciences Research Council: percentage of budget paid 754. Mr C J DERBY-LEWIS

asked the Minister of National Education:

  1. (1) (a) What percentage of the total budget of the Human Sciences Research Council was paid by his Department in each of the latest specified five financial years for which information is available and (b) what was the amount so paid over in each of these financial years;
  2. (2) (a) who appoints the members of this council, (b) for what period is each member appointed and (c) what is the annual remuneration received by each such member;
  3. (3) whether he will furnish a list of the present members of this council; if not, why not; if so, (a) what are their names and (b) in respect of what date is this information furnished?
The MINISTER OF NATIONAL EDUCATION:
  1. (1)
    1. (a) 1982/83—97,0%
      1983/84—96,9%
      1984/85—93,0%
      1985/86—93,8%
      1986/87—93,5%
    2. (b) 1982/83—R17 895 610
      1983/84—R24 399 092
      1984/85—R35 206 043
      1985/86—R38 777 000
      1986/87—R48 088 092
  2. (2)
    1. (a) The Minister of National Education.
    2. (b) A member of the council is appointed for period not exceeding two years, with the exception of the president of the HSRC. The president’s period of office as member of the council is the same as his time of service at the HSRC.
    3. (c) Members of the Council are not remunerated on an annual basis. Each member of the council receives an amount of R193,82 per day for every meeting attended.
  3. (3) Yes.
    1. (a) The names of members of the council are as follows:
      Dr J G Garbers (Chairman)
      Prof Francis J Bosman
      Mr D E Cooper
      Dr A B Fourie
      Dr D J Gouws
      Prof W L Nkuhlu
      Prof H W Rossouw
      Mr P Steyn
      Prof K Tober
      Prof T van der Walt
      Prof R E van der Ross
    2. (b) 14 March 1988.
Persons with criminal records: permanent residence 808. Mr C J DERBY-LEWIS

asked the Minister of Home Affairs:

  1. (1) Whether any exceptions were made in the granting of permanent residence to persons with criminal records during the latest specified period of 10 years for which information is available; if so, how many;
  2. (2) whether he will furnish particulars of the persons concerned; if not, why not; if so, what are their (a) names and (b) nationalities?
The MINISTER OF HOME AFFAIRS:

(1) to (2) The hon member’s attention is drawn to the fact that each application for permanent residence is submitted for consideration to the Immigrants Selection Board, which is an autonomous body established in terms of the Aliens Act, 1937 (Act 1 of 1937). The Board considers each application in accordance with the guidelines contained in section 4(3) of this Act. No separate statistics of applicants with criminal records are being kept.

Fishing industry: encouragement of competition 822. Mr C J DERBY-LEWIS

asked the Minister of Environment Affairs:

Whether any measures are being applied and/or envisaged to encourage competition in the fishing industry at present; if so, what measures are being (a) applied and (b) envisaged in this regard?

The MINISTER OF ENVIRONMENT AFFAIRS:

Assuming that the question pertains to the catching of fish and not trading in fish, the reply is —

  1. (a) Yes, the selective allocation of exploitation rights to interests outside the vested industry in cases where there is growth in the relevant resource.
  2. (b) A continuation of the policy as set out in (a) above.
Printing contracts awarded to two companies 833. Mr D J DALLING

asked the Minister of Environment Affairs:

  1. (1) Whether his Department awarded any printing contracts in 1987 to two companies, the names of which have been furnished to the Commission for Administration for the purpose of the Minister’s reply, or to their associated companies and printing operations; if so, (a) in respect of what publications or printed matter, (b) how many copies of each publication or item were ordered from each company and (c) what are the names of the companies concerned;
  2. (2) whether these contracts were put out to tender; if not, (a) why not and (b) what was the total amount paid by his Department in respect of each of these contracts; if so, what was the (i) tender price originally accepted, and (ii) total amount paid out, in respect of each contract;
  3. (3) whether his Department subsidizes any publications published by the above companies; if so, (a) which publications and (b)(i) why, and (ii) what is the amount of the subsidy, in each case;
  4. (4) what total amount was spent by his Department in 1987 on printing and publishing involving (a) the above companies and (b) any other specified companies?
The MINISTER OF ENVIRONMENT AFFAIRS:
  1. (1) No.
  2. (1) (a), (b) and (c) Fall away.
  3. (2) Falls away.
  4. (3) No.
  5. (3) (a) and (b) Fall away.
  6. (4) Falls away.
Printing contracts awarded to two companies 843. Mr D J DALLING

asked the Minister of Economic Affairs and Technology:

  1. (1) Whether the Department of Mineral and Energy Affairs awarded any printing contracts in 1987 to two companies, the names of which have been furnished to the Commission for Administration for the purpose of the Minister’s reply, or to their associated companies and printing operations; if so, (a) in respect of what publications or printed matter, (b) how many copies of each publication or item were ordered from each company and (c) what are the names of the companies concerned;
  2. (2) whether these contracts were put out to tender; if not, (a) why not and (b) what was the total amount paid by this Department in respect of each of these contracts; if so, what was the (i) tender price originally accepted, and (ii) total amount paid out, in respect of each contract;
  3. (3) whether this Department subsidizes any publications published by the above companies; if so, (a) which publications and (b)(i) why, and (ii) what is the amount of the subsidy, in each case;
  4. (4) what total amount was spent by this Department in 1987 on printing and publishing involving (a) the above companies and (b) any other specified companies?
The MINISTER OF ECONOMIC AFFAIRS AND TECHNOLOGY:
  1. (1) No.
  2. (1) (a) (b) and (c) falls away.
  3. (2) Falls away.
  4. (3) No.
  5. (3) (a) (b) (i) and (ii) falls away.
  6. (4) Falls away.

Own Affairs:

Cape Town: accommodation units for aged Whites 43. Mr J J WALSH

asked the Minister of Local Government, Housing and Works:

How many accommodation units for aged White persons were built in the Cape Town municipal area with financial assistance from the State in 1987?

The MINISTER OF LOCAL GOVERNMENT, HOUSING AND WORKS:

80.

Technikon, Vanderbijlpark: students 96. Mr J H VAN DER MERWE

asked the Minister of Education and Culture:†

(a) What total number of students is studying at present at the technikon situated at Vanderbijlpark, (b) how many of these pupils are (i) Blacks, (ii) Coloureds, (iii) Indians and (iv) Whites, (c) what is the name of this technikon and (d) in respect of what date is this information furnished?

The MINISTER OF EDUCATION AND CULTURE:
  1. (a) 2 796 students,
  2. (b)
    1. (i) 63 students,
    2. (ii) 2 students,
    3. (iii) 71 students,
    4. (iv) 2 660 students;
  3. (c) Vaal Triangle Technikon;
  4. (d) 31 March 1987.
Vaal River campus, PUCHO: students enrolled 97. Mr J H VAN DER MERWE

asked the Minister of Education and Culture :†

(a) How many persons are enrolled as students at the Vaal River campus of the Potchefstroomse Universiteit vir Christelike Hoër Onderwys at present, (b) how many of these students are (i) Blacks, (ii) Coloureds, (iii) Indians and (iv) Whites and (c) in respect of what date is this information furnished?

The MINISTER OF EDUCATION AND CULTURE:
  1. (a) and (b) This information is not available. The SAPSE-information returns which are annually submitted by the Potchefstroomse Universiteit vir Christelike Hoër Onderwys provide information for the University as a whole and not for the separate campuses;
  2. (c) falls away.
HOUSE OF DELEGATES

†Indicates translated version.

For written reply:

Own Affairs:

Disability grants cancelled 10. Mr M RAJAB

asked the Minister of Health Services and Welfare:

  1. (1) Whether any disability grants administered by his Department in respect of physically disabled, mentally retarded and aged persons were cancelled in (a) 1986 and (b) 1987; if so, (i) how many, and (ii) why, in each case;
  2. (2) whether any such grants have been reinstated since then; if so, (a) how many, and (b) why, in each case?
The MINISTER OF HEALTH SERVICES AND WELFARE:
  1. (1)
    1. (a) Yes.
    2. (b) Yes.
      1. (i) 983 in 1986 and 420 in 1987
      2. (ii) The beneficiaries had been assessed medically and not found to be disabled.
  2. (2)
    1. (a) 225 in 1986 and 103 in 1987.
    2. (b) Additional medical evidence submitted justified the reinstatement of these disability pensions.
Sites in Lenasia South: construction of houses not yet completed by developers 13. Mr M RAJAB

asked the Minister of Housing:

  1. (1) Whether, with reference to his replies to Question No 2 on 3 September 1987 and Question No 91 on 24 September 1987, certain developers have not yet completed constructing homes on the sites allocated to them in Lenasia South; if so, (a)(i) how many and (ii) what are their names and (b)(i) at what price was each of these plots allocated to each such developer and (ii) how many plots were allocated to each;
  2. (2) whether his Department intends instituting claims for damages against any of these developers; if not, why not; if so, against which developers;
  3. (3) whether any properties in other areas have been allocated to these developers; if so, (a) where and (b) how many plots were allocated to each developer;
  4. (4) whether any of these developers will again be considered by his Department when allocating sites for development; if so, why?
The MINISTER OF HOUSING:
  1. (1) Yes.
    1. (a)
      1. (i) 2
      2. (ii) Dashanya Residential Development; Bazaria Housing Utility Company.
    2. (b)
      1. (i) R18,00 per square metre.
      2. (ii) Dashanya Residential Development: 90.
      3. (ii) Bazaria Housing Utility Company: 100.
  2. (2) This will depend on an acceptable explanation being advanced as to why the contract could not be completed within the stipulated period and whether it is decided to take steps against such defaulting developers or not.
  3. (3) No.
    1. (a) Falls away.
    2. (b) Falls away.
  4. (4) See (2) above.
Transfer of assets of former Department of Community Development 14. Mr M RAJAB

asked the Minister of Housing:

  1. (1) Whether any assets of the former Department of Community Development in the form of (a) land, (b) buildings and (c) cash have been transferred to his Department; if so,
  2. (2) (a) on what date or dates, (b) what is the (i) location and (ii) book value of the (aa) land and (bb) buildings and (c) what amount in cash was so transferred?
The MINISTER OF HOUSING:
  1. (1)
    1. (a) No.
    2. (b) No.
    3. (c) No.
  2. (2)
    1. (a) Fails away.
    2. (b)
      1. (i) Falls away.
      2. (ii)
        1. (aa) Falls away.
        2. (bb) Falls away.
    3. (c) Falls away.
Construction of schools in Phoenix: criteria for assessing tenders 16. Mr M RAJAB

asked the Minister of Housing:

Whether, with reference to the reply of the Minister of Local Government, Housing and Agriculture to Question No 13 on 25 April 1986, the criteria for assessing tenders for the construction of schools in Phoenix still apply; if so, to what extent; if not, why not?

The MINISTER OF HOUSING:

Yes. Fully.

State housing sale campaign: houses sold 24. Mr K CHETTY

asked the Minister of Housing:

How many houses were sold by his Department in each province under the State housing sale campaign during the latest specified period of 12 months for which figures are available?

The MINISTER OF HOUSING:

Natal: 13

Transvaal: 27

Cape Province: 0

From 1 February 1987 to 31 January 1988.