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portfolio committee of ARTS and culture PanSALB PRESENTATION 06 TH November 2013. OUTLINE. Introduction Overview Organisational Performance Information (Annual Report 2012/2013) SO 1 SO 2 SO 3 SO 4 SO 5 Key Achievements Human Resources Management Adv. Feni Matter
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portfolio committee of ARTS and culture PanSALB PRESENTATION06TH November 2013
OUTLINE • Introduction • Overview • Organisational Performance Information (Annual Report 2012/2013) • SO 1 • SO 2 • SO 3 • SO 4 • SO 5 • Key Achievements • Human Resources Management • Adv. Feni Matter 6. Auditor General Findings 7. Conclusion
1.INTRODUCTION • In terms of the Pan South African Language Board (PanSALB) Act No. 59 of 1995 as amended, the organisation is mandated to: a) make recommendations with regard to any proposed or existing legislation, practice or policy dealing directly or indirectly with language matters at any level of government, and with regard to any proposed amendments to or the repeal or replacement of such legislation, practice or policy; b) make recommendations to organs of state at all levels of government where it considers such action advisable for the adoption of measures aimed at the promotion of multilingualism within the framework of the Constitution; c) actively promote an awareness of multilingualism as a national resource; d) actively promote the development of the previously marginalized languages; e) initiate studies and research aimed at promoting and creating conditions for the development and use of (i) all the official languages of South Africa, (ii) the Khoe and San languages and (iii) South African Sign Language; f) promote and ensure respect for all other languages commonly used by communities in South Africa; g) advise on the coordination of language planning in South Africa; h) facilitate cooperation with language planning agencies outside South Africa; i) establish provincial language committees and national language bodies to advise it on any language matter affecting a province or a specific language; and j) Establish national lexicography units to operate as companies limited by guarantee under section 21 of the Companies Act (No. 61 of 1973), and to allocate funds to the units for the fulfilment of their functions.
2. OVERVIEW • This report seeks to present the status on the implementation of the 2012/2013 Turnaround strategy of PanSALB which was adopted in August 2012 after extensive consultation with internal structures, staff members and stakeholders. • The 2012/2013 Turnaround Strategy was also presented with costing to the Portfolio Committee on Arts & Culture and they undertook to fund it. • 2012/2013 fiscal year was a period in which we had to meet ever-increasing needs of the turnaround strategy with very limited resources. Despite the unfavourable audit outcome, this fiscal year has proven to be an optimistic and exciting year. This is due to the proper planning and vigorous implementation of the programmes adopted through the turnaround strategy and the support we received from other structures and the collaboration with some of the provincial departments of Arts and Culture. • This report will focus on highlighting achievements and on-going challenges the current leadership continues to experience despite the visible achievements made to date.
Key Achievements • Implementation of the 2012/2013 Turnaround Strategy • Establishment of the Chairpersons Forums • Revival and engagement of PanSALB structures (PLCs, NLBs & NLUs) • Launch Dr Neville Alexander Language Scholarship (Gauteng & W Cape) • International Mother Tongue Day (Celebrated in all provinces) • Launch of the Linguistic Tribunal • International Translation Day (Celebrated in all provinces) • Deaf Awareness Week (celebrated in all provinces) • Revival of the Book Clubs • Grade 12 language Awards • Staff morale is on the increase • Stakeholder Engagement
Staff Turnover Staff Level Coloured Indian White African Total Male Female Male Female Male Female Male Female Male Female Top Management 0 0 0 0 0 0 1 0 1 0 Senior Management 0 0 0 0 0 0 0 0 1 0 Professionally qualified & experienced specialists in mid-management 0 0 0 0 0 0 0 1 0 1 Skillled technical & academically qualified workers, junior management & supervisors 0 0 0 0 0 0 0 0 0 0 Semi-skilled and descretionary decision making 0 0 0 0 0 0 0 0 0 0 Unskilled and defined decision making 0 0 0 0 0 0 0 0 0 0 Contract Staff 0 0 0 0 0 0 0 2 0 2 Persons with Disabilities 0 2 0 0 0 0 0 0 0 2 Interns 0 0 0 0 0 0 0 0 0 0 Total 2 5 Total Number of Staff Turnover = 5, which is equalls to 3.33% of the Staff Compliment Breakdown is as follows: Number of % of Staff Type of Employment Termination Employees Compliment 3 % Contract Ended 3 Medical Boarding 1 0.83% Resignation 1 0.83% Total 5 4.16%
Performance Information As per the approved Structure : • Total number of ALL posts is 120. • Total number of posts that have been filled is 106, that constitutes 88.33% of Staff Compliment. • Total number of vacant posts is 14, that constitutes 11.67% vacancy rate
Update on Adv. Feni matter Background • Advocate Feni was employed in June 2008 and subsequently suspended on 13thMay 2010 and 08thJune 2010. The fights between Feni and PanSALB emanates from his dismissal. Reinstatement • In complying with the CCMA award and Labour Court order, PanSALB was required to retrospectively re-instate Advocate Feni on the same terms and conditions that governed his employment relationship before his dismissal. • Upon the reinstatement of Adv. Feni, an induction program was conducted with him in order to assist him to familiarise himself with the changes the organization has undergone and also to familiarise himself with roles and responsibilities of his position and clarifying the reporting lines. The organization arranged a counseling program for him however he refused to attend such program. • Since he has been reinstated he’s been making unreasonable demands through emails and declared different disputes at CCMA (wherein demands compensation). Mysteriously obtained a Labour Court -Writ of Execution to freeze our bank account and demanding that the bank make payment towards the Sheriff’s trust account.
Update on Adv. Feni … cont. Back pay andSalaries • By October 1 2013 when he reported for duty he had been back paid for the months of June, July and August2013.A lump sum as per the award and court order of R1,044,461.64 after tax was paid to him on 02 October 2013 less provident fund and salaries paid to him in April 2011 to October 2011. • As a full time employee of PanSALB, therefore his salary was subjected to a contribution towards a provident fund scheme. This is in line with PanSALB regulation s6, wherein states that “ A person appointed as a member of staff after 30 November 2001 shall belong to a pension fund or a provident fund scheme registered in terms of the Pension Funds Act, 1956 (Act No. 24 of 1956), and administered by the Board”. • A deduction of R375, 000 that was made to his salary as a result of the salary already paid to him between the periods of April 2011 to October 2011 (7 months) as per the Northern High Court order as part of his salary. With regard to the R375, 000 it is deducted because it will constitute a double payment towards your salary and as such will be deemed an audit query from our side. Chapter 8 of the PFMA s66 (4) it further says that “constitutional institutions and provincial public entities not in subsection (3) (d) may not borrow money, nor issue a guarantee, indemnity or security, nor enter into any other transaction that binds or may bind the institution or entity to any future financial commitment”.
Status Quo to date on Adv. Feni • Since 01st October 2013 he has queried his reinstatement terms; • Obtained Writ to Execution with a wrong case number to freeze the organizations bank account; • He has demanded to be compensated for the trauma, humiliation and embarrassment which the organization subjected him to;(to date this matter sits at the CCMA) • He has demanded PanSALB to reverse the deductions made from the monies already paid to him as per court order, and threatened to approach the Labour Court, which he did • He demanded his salary be aligned to that of colleagues who received salary increases which were effected prior to the CCEO’s appointment • He interferes with staff morale (clear tensions still exist and he does not greet certain staff members who have tried to engage him) • Threatened his fellow colleague • He served the Caretaker CEO with a Labour Court Order • He referred dispute to CCMA challenging the restructuring process
Table of Contents • Value Chain • Structure Presentation
PanSALB Value Chain Monitoring and Evaluation P R OMOTI ON Research Develop Use Customer Language Rights
Policy, Regulations, Linguistic Human Rights, M&E Services Structure
Table of Contents Budget v/s Expenditure YTD Current Funding Challenges Management’s response to Auditor Generals Findings Remedial Strategy
PROGRESS IN ADDRESSING ISSUES RAISED BY THE OFFICE OF THE AUDITOR GENERAL 2012/13 AUDIT
Outline • Objective • Background • Audit Report Matters • Action Plan Overview
Objective To update the Portfolio Committee on Arts and Culture on progress to date regarding issues raised by the Office of Auditor General in their 2012/13 audit report.
