Download
1 / 24
E N D
The CRL Rights Commission is established in accordance with section 181 (1) (c) of the Constitution. Section 181 (2) stipulate that the institution is independent, and subject only to the Constitution and the Law. Section 181 (3) stipulate that other organs of state (for example CoGTA) must assist and protect these institutions. Section 181 (4) stipulate that no person or organ of state may interfere with the functioning of the institution. Lastly section 181 (5) stipulate that the institution is accountable to National Assembly, and must report to the National Assembly at least once a year. According to section 36 of the Public Finance Management Act (PFMA) every constitutional institution must have and accounting officer. Section 40 stipulates the reporting responsibilities of constitutional institutions through the accounting officer. According to section 40 (c) the financial statements must be submitted to the Auditor General and the National Treasury. According to section 40 (d) only departments and trading entities are required to submit annual reports to the executive authority of the relevant department. Section 40 (e) stipulate that a constitutional institution must submit the statements referred to in section (d) to Parliament. According to the definitions in the Treasury Regulations the Executive Authority of a constitutional institution is the Chairperson of the constitutional institution. According to Treasury Regulation 5.3.1 the accounting officer (Chief executive Officer) must establish procedures for quarterly reporting to the executive authority (Chairperson). Treasury regulation 8.4 is not applicable to the CRL Rights Commission, as section 38 (1) (j) exclude transfers to constitutional institutions. According to section 3 (a) of the Act for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission Act) The CRL Rights Commission is independent. Section 8 (a) of the CRL Commission Act, stipulate that the CRL Rights Commission reports annually to the National Assembly on its activities and the performance of its functions. Autonomy of the CRL Rights Commission
Non compliance with the CRL Act. • The commission is required to have 4 plenary meetings per year. However it will not be possible for the new financial year. • Commissioners need to fulfill executive functions and attend relevant meetings. • The Commission is required to host a national conference within the first 12 months of each term, as well as a second conference towards the end of the term. • NCC Legislative mandate • Resolutions of NCC • Funding of Community Councils • Impact on national policy –monitoring of implementation • Engagements with the Minister to resolve the matter. Overview by the Chairperson
Background on first and second term of the commission– Le Roux
A united south African nation that protects and promotes the CRL Rights of all its diverse communities. Mission To promote and protect the rights of cultural, religious and linguistic communities Vision
Investigation and Conflict Resolution • Objective: To promote peace, friendship, tolerance and mutual respect. • Research and Policy Development • Objective: To develop an information base of traditional and diminished heritage for furtherance of promotion and protection of CRL Rights of all communities. • Public Education & Advocacy • Objective: To promote public understanding of CRL Rights of all communities. • Community Engagement • Objective: To promote Community Participation through Cultural, Religious and Linguistic Community Structures. • Administration & Management • Objective: To provide strategic direction and support functions to the Commission. Programme Structure (Founding act)
Investigation and Conflict Resolution • (a -55 New and old cases finalized, 4 referral to relevant institutions • (b -Initiated a joint investigation with the South African Human Rights Commission and the AmafaaKwa-Zulu Natal • (c -3 Fact-finding mission: Western Cape –Drankenstein Correctional Services, Khilovedu language, and Naledi Mountain Sacred Site • (d -3 Mediation sessions: between Muslim Religion and the Hope Ministry on blasphemous literature, South African Hindu Dharma and Universal Church of Kingdom of God and UNISA examination dates vs. Jewish and Muslim Religious Observance days. • (e - 1 internal Workshop - Heritage Month. • (f – Conclusion of guidelines for recognition of CRL Community councils • (g -Presentation on Sesotho sa Leboa to the Constitutional Review Committee at Parliament • (h - a Seminar on “tension between culture and human rights” , with specific reference to Ukweshwama • (i - Consultative meeting with the United Reformed Church site which was used as a football ground. • (j - ICR complaints forms translated into other official languages with assistance of the Department of Arts and Culture, • (k - Meeting with the Department of Correctional Services' Spiritual and Development Care Directorate - to discuss rights of inmates and access to various religious guidelines. Performance of the commission during the 2009/10 financial year
Research and Policy Development • (a - Guidelines were published for spiritual/religious access and practice in sacred sites. • (b - Finalised the report on “Public hearings on male initiation schools in South Africa” . • (c - A draft report on “guidelines on the African ritual of animal slaughtering” was finalised. • (d - Final report on “ rights to language and rights of a language: The status of linguistics rights among Basotho speaking communities in Nqutu (KZN) • (e - Participated in the review of the Children’s Act. • (f - An activity report on issues raised by concerned stakeholders around Ukuthwala and 3 activity reports with resolutions on public hearings of Sepedi vis-à-vis Sesotho sa Leboa. • (g - Partnership was reached in respect of the launch of the report on sacred sites with SALGA and Wits. • (h - A database of Linguistic profile of official and non-official languages of South Africa was established. Performance of the commission during the 2009/10 financial year continues
Public Education and Advocacy • (a - 5 dialogues with older persons/ senior citizens in the Northern Cape Province, the Free State, Mpumalanga, Western Cape and North West, 1 x dialogue with women from diverse religious and cultural backgrounds in Pretoria, 1 dialogue with C, R and L Communities, Provincial House of Traditional Leaders, Contralesa, Government Departments, NGO’s and Chapter nine institutions at East London, 1 dialogue with the Diabetes group in Western Cape. • (b - 5000 CRL Rights Commission pamphlets distributed to 4 provinces. • (c 3 meetings with groups of women in Ivory Park, Tembisa and Ebony Park to brainstorm and dialogue on how the Commission can better promote and protect the cultural, religious and linguistic rights of their communities. • Freedom Park, celebration of woman’s month. Performance of the commission during the 2009/10 financial year continues
Community Engagement • (a -60 CRL community councils were short listed and provisionally recognized in Gauteng Province, 40 in Free State, 6 in North West Province, 8 in Northern Cape, 5 in Eastern Cape, 33 in Western Cape. The process of recognition is continuing. • (b -Created data base of elders from 3 provinces. • (c - 3 Community councils workshops and information sharing sessions were hosted in Gauteng, Western Cape and Free State. • (d - CRL community councils were launched in 3 provinces, Gauteng, Free State and Western Cape Performance of the commission during the 2009/10 financial year continues
Administration • The support functions of the commission achieved an unqualified audit report for the 2008/09 financial year. • Partnerships with other organisations • The Commission also managed to form successful partnerships with the following institution. • Rhodes Mandela Scholars and the University of Rhodes Performance of the commission during the 2009/10 financial year continues
The increase in the allocation to the CRL Rights commission is 5.68% between the 2009/10 and 2010/11 financial years. The increase in the “cost of living” in expenditure is expected to be 10%. • It needs to be noted that not only were the estimated budget of the Commission disapproved, but the allocation over the medium term was decreased from R 21 617 000.00 to R 21 401 000.00 for the 2010/11 financial year. • The CRL Rights Commission applied for additional funding during the 2009/10 financial year, which was declined by CoGTA. As a result expenditure to the value of R 1,5 m was rolled over to the 2010/11 financial year. Notes on the budget
The postponed payments of R 1.5m includes commitments to suppliers, claims of commissioners and adjustments in respect of senior staff members. • The result is that legislated and mandated activities such as the NCC of 2009/10, meetings of the body of commissioners and activities of programmes in respect of the strategic plan had to be cancelled till further notice. • The effect on the Commission is that funds intended for the implementation of programmes have to be utilised to carry fixed costs of the Commission. Notes to the budget continue
Budget inputs made by the Commission is not debated with the Commission to obtain a optimal understanding of the Mandate of the Commission. As a result, the Commission is not able to maintain the current level of performance, while there are parts of the legislated mandate that cannot be fulfilled. • The consistent underfunding of the Commission has a debilitating effect, for example the present allocation of R 21 401 000.00 will only cover staff costs and overhead expenditure, such as the lease agreement and telephone costs. • The Commission will not be in a position to deliver on the approved strategic plan if the current circumstances prevail. Notes to the budget continue
Major Challenges in Service delivering • Lack of access to National Treasury in respect of budget proposals. • Unclear governance reporting lines versa vi the independence of the Commission as a Chapter Nine Institution becomes questionable. • Insufficient funding to recruit the required skills and to fund projects seriously undermines service delivery of the Commission.
