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Enhancing Language Regulation and Implementation in South Africa

The briefing focuses on the readiness for implementing the Official Languages Act and the plan for the South African Language Practitioners Council Act. It covers the background, progress, language policy, exemptions, monitoring, and reporting. The Use of Official Languages Act, 2012, and the South African Languages Practitioners’ Council Act, 2014, are discussed along with progress made and future plans. The presentation dives into the legislative framework, funding, drafting regulations, and the constitutional obligation to regulate official languages.

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Enhancing Language Regulation and Implementation in South Africa

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  1. BRIEFING THE PORTFOLIO COMMITTEE ON ARTS AND CULTURE THE STATE OF READINESS FOR THE IMPLEMENTATION OF THE USE OF OFFICIAL LANGUAGES ACT AND THE PLAN FOR THE IMPLEMENTATION OF THE SOUTH AFRICAN LANGUAGE PRACTITIONERS COUNCIL ACT Presented by: Department of Arts and Culture Date: 28 October 2014

  2. PART 1: The Use of the Official Languages Act STRUCTURE OF PRESENTATION Part 1: The Use of Official Languages Act, 2012 (Act No. 12 of 2012) 1.1 Background 1.2 Progress made by DAC 1.3 DAC Language Policy 1.4 Institutions applied for exemption from establishing language units 1.4.1 Progress made by other stakeholders 1.5 Monitoring of and reporting on the Use of Official Languages Part 2: South African Languages Practitioners’ Council Act (Act No. 8 of 2014) 2.1 Background 2.2 Business Case of SALPC 2.3 Drafting of the Regulations of SALPC Act 2.4 Funding of SAPLC 2.5 MTEF Bid to Treasury 2

  3. 1.1 Background • Section 6 of the Constitution of the Republic of South Africa regulates languages • Section 6(4) obliges the national government and provincial governments to regulate and monitor their use of official languages by legislative and other measures • It is in the context of the constitutional obligation to use legislative measures to regulate and monitor the use of official languages, that the Use of Official Languages Act, 2012 (Act No. 12 of 2012) was promulgated 3

  4. Background Cont… • The Use of Official Languages Act, 2012 (Act No. 12 of 2012) was promulgated on 2 May 2013. • The Act was adopted to regulate the use of official languages by national government. Section (4)(1) requires all national departments, national public entities and national public enterprises to adopt official language policies within 18 months of commencement of the Act. This means that the final date for adoption of national language policies is 2 November 2014 • The Act establishes a legislative framework for national government departments, national public entities and national public enterprises to regulate and monitor their use of the official languages; draft their language policies and establish their language units 4

  5. Background Cont… • The Regulations for the Use of Official Languages Act were finalised and gazetted on 28 February 2014 • The Regulations give guidance to institutions on how to draft language policies • They inform the institutions about the timeframes for establishing language units and applying for exemption from establishing a language unit 5

  6. 1.2 Progress made by DAC on the implementation of the Act • After the President assented to the Act, DAC convened a National Language Forum on 07 February 2013 to workshop all relevant stakeholders to the Act and its draft Regulations, and to further inform them of what is required from the institutions • 4 September 2013: DAC convened a stakeholders’ workshop to ─ • workshop them on the Use of Official Languages Act and its draft Regulations • give stakeholders a platform to input on the draft Regulations • 26 - 27 June 2014: DAC convened a two-day National Language Forum for stakeholders to report progress on the development of their language policies • 14 August 2014: DAC through Department of Communication (GCIS) circulated a notice reminding stakeholders about the deadline for adopting language policies 6

  7. Progress made by DAC on the implementation of the Act Cont… • 12 September 2014: DAC sent a notice through Mail & Guardian requesting DGs and CEOs/Heads of all national government departments, national public entities and national public enterprises to report to DAC by 30 September 2014 on the progress made by their institutions on the implementation of the Act • 14 September 2014: DAC sent the same notice through Sunday Times and CityPress requesting DGs and CEOs/Heads of all national government departments, national public entities and national public enterprises to report to DAC by 30 September 2014 on the progress made by their institutions on the implementation of the Act 7

  8. 1.3 DAC LANGUAGE POLICY • 27 March 2014: DAC internal consultative workshop was held. Subsequent to the workshop, questionnaires were distributed to DAC staff and feedback was received and incorporated • 30 June 2014: DAC Language Policy was finalised • 12 August 2014: DAC Language Policy was adopted by the Executive Management Team • 30 September 2014: DAC Language Policy was gazetted for public comments • DAC is on track to meet the deadline of 2 November 2014 to adopt its policy. 8

  9. 1.4 Institutions applied for exemption from establishing language units

  10. 1.4.1 Progress made by other stakeholders • Following the publication of a notice on 12 September 2014 through (Mail & Guardian) and 14 September 2014 through (City Press and Sunday Times), requesting the Directors-General of national departments and Chief Executive Officers/Heads of national public entities and national public enterprises to report on the progress made by their institutions to finalise language policies and their state of readiness to establish language units, DAC received reports from the following institutions: • War Museum of the Boer Republics: drafted a language policy which was tabled before the museum’s accounting officer on 30 September 2014. Proposed languages for the Museum are Sesotho, English and IsiZulu 10

  11. Progress made by other stakeholders (Cont…) • Department of Public Works: drafted a language policy which is still going to be tabled to EXCO during this financial year • National Heritage Council: reported that they will be applying for exemption and it does not have a language policy • National Credit Regulator (NCR): development of its policy is underway and three languages will be adopted namely: English, IsiZulu and Setswana 11

  12. Progress made by other stakeholders (Cont…) • MINTEK: has a language policy which was approved by MINTEK Board on 30 May 2014. Implementation of the policy will be rolled out before 2 November 2014 to prepare for the establishment of a language unit • The Council of Freedom Park: adopted its language policy and they will use three official languages namely: English, Setswana and IsiZulu. However on specific request, Freedom Park will also strive to provide services in the other official languages including South African Sign Language • Department of Economic Development: has not yet adopted a language policy. The stated reason is that they are a new Department, but they are going to comply • The Commission for Conciliation and Mediation & Arbitration (CCMA): adopted its language policy in 1997 • Land Bank: has a draft language policy and will be requesting extension from the Minster for adopting the policy 12

  13. 1.5 Monitoring of and reporting on use of official languages According to section 9 of the Use of the Official Languages Act: • The Minister is responsible for monitoring the use of official languages by the national government for government purpose. • Every national department, national public entity and national public enterprise must submit a report to the Minister and the Pan South African Language Board annually on: (a) the activities of its language unit; (b) the implementation of its language policy; (c) any complaints received regarding its use of official languages and the manner in which these complaints were dealt with; and (d) any other matter that the Minister may prescribe. 13

  14. PART 2: SOUTH AFRICAN LANGUAGE PRACTITIONERS COUNCIL ACT (SALPC ACT) 2.1 BACKGROUND • Section 6 of the Constitution provides the principal legal framework for multilingualism • The Use of Official Languages Act was enacted in October 2012 to regulate and monitor the use of official languages in government • The Act provides for the adoption of language policies and the establishment of national language units in national departments of government, national public enterprises and entities • There is a great need for language practitioners who will work in the language units. However, there is no legislative instrument nor a service delivery vehicle to deliver services relating to the accreditation of language practitioners • Therefore it was envisaged that the South African Practitioners’ Council (SALPC) Act would prescribe rules governing the conduct of language professionals and procedures for compliance, monitoring and enforcement 14

  15. 2.2 BUSINESS CASE FOR THE SALPC ACT • In August 2009 DAC developed a business case for the establishment of a Council for language practitioners to be known as the “South African Language Practitioners’ Council” (SALPC). • The business case give guidelines on the establishment and the implementation of SALPC • SALPC will be established to professionalise and regulate language practice. 15

  16. BUSINESS CASE (Cont): IMPLEMENTATION PLAN • Work programme divided into 3 phases as follows: • Interim Phase: Appointment of a suitably qualified person or persons to administer the process of establishing the SALPC as a legal entity • Establishment Phase: Recruitment and appointment of the SALPC, the CEO, senior management, staff and also the establishment of IT systems • Operationalization phase:The final phase concerns the induction of staff and the approval of internal operating processes and procedures by Council in consultation with Minister 16

  17. BUSINESS CASE (Cont): Alternatives to Implementation Plan • The business case suggests alternatives to a stand alone council structure which can be expensive because of resources such as buildings; IT facilities, etc. • Regardless of the elected structure, the Minister would still be responsible for tabling the entity’s annual financial statements and annual reports in Parliament, and would be accountable to Parliament for the functioning of the council • The Regulations will give guidance on the best implementation option regarding the establishment of the Council 17

  18. Expected timeframes for implementation • Subject to the allocation of resources, the following broad timeframes have bene developed for the implementation of the Act 18

  19. 2.3 DRAFTING OF REGULATIONS: SALPC ACT • The President of the Republic of South Africa assented to the South African Language Practitioners’ Council Act No. 8 of 2014 on 19 May 2014 • According to section 41 of the SALPC Act, 2014, the Minister, in consultation the Board, other relevant institution and by notice in the Gazette, may make regulations regarding — (a) the training of language practitioners; (b) control over the accreditation and registration of language practitioners; or (c) in general, any ancillary or incidental matter that is necessary to prescribe for the proper implementation or administration of this Act • Regulations for the SALPC Act to be drafted and finalised by 31 March 2015 • A broad plan of implementing the SALPC Act will be determined in the regulations 19

  20. 2.4 FUNDING OF THE SALPC The Council will be funded with the budget appropriated by Parliament supplemented with revenue generated from registrations, accreditation and other activities 20

  21. 2.5 MTEF BIDS TO TREASURY • The DAC has engaged Treasury on the proposed budget for the establishment of the Council. • The proposed budget is as follows: • Appointment of Council and Operational budget: R25m • Establishment expenditure: cost related to capital expenditure items such as computers, office equipment from DAC for capital expenditure R25m. 21

  22. Challenge Budget is not yet approved, DAC still awaiting feedback from Treasury

  23. THANK YOU

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