Progress made on the Implementation of the Use of Official Languages Act, 2012 Presentation to the Portfolio Committee on Arts and Culture by Department of Arts and Culture: 30 August 2016

STRUCTURE OF THE PRESENTATION 1. Introduction 2. Background 3. Current progress made on the Implementation of the Use of Official Languages Act: a. National Departments b. National public entities and enterprises 4. Conclusion

1. Introduction The purpose of this presentation is to give progress made on the implementation of the Use of Official Languages Act by national departments, national public entities and public enterprises.

2. Background The Use of Official Languages Act, 2012 (Act No. 12 of 2012), ("the Act"), was assented to by the President in October 2012 and promulgated on 2 May 2013. Regulations made under the Act were gazetted on 28 February 2014. (Both documents are available on the Department’s website.) The Act requires the State to take practical and positive measures to elevate the status of indigenous languages and to advance the use of all official languages for government purposes. Sections 4 and 7 of the Act and the Regulations made under this Act set out the requirements and guidelines for national departments, national public entities and enterprises to draft language policies and establish language units.

Background (cont.) The Act allows for application of exemption to the Minister of Arts and Culture by national public entities and public enterprises from establishing a language unit. The Act also stipulates timeframes for national departments, national public entities and national public enterprises to comply with the prescripts of the Act. The deadline for implementing the Act was 2 November 2014. Seeing that institutions were failing to comply and meet the deadline, the Minister of Arts and Culture extended the deadline to 2 May 2015 Throughout this process, from promulgation of the Act and gazetting of regulations to the extended deadline of 2 May 2015, the Department was assisting institutions through workshops and constant reminders to comply with the Act

Background (cont.) Even after 2 May 2015, however, there was no significant improvement made by institutions to comply with the Act To improve the pace of compliance in 2015/2016 financial year, the DAC appointed a service provider to work with non-compliant national departments, national public entities and public enterprises to individually facilitate the development of language policies Subsequent to that intervention there was improvement where there were: Out of 46 national departments 37 have language policies and language units (language units are described as existing even if not fully-fledged as long as there are officials responsible for performing language functions), and 9 national departments had not yet complied by the end of the financial year. Out of 151 national public entities and enterprises, 64 have language policies, 68 have language units; 24 were granted exemptions from establishing language units, and 88 national public entities and enterprises had not yet complied by the end of the financial year

3. PROGRESS ON THE IMPLEMENTATION OF THE USE OF OFFICIAL LANGUAGES ACT IN 2016/2017 FINANCIAL YEAR Seeing that 100% compliance was not reached during the previous financial year, DAC appointed a service provider in July 2016 to facilitate progress on those institutions that have not yet complied During the first meeting between DAC and service provider improvement with regard to compliance with the Act has been reported as follows: Out of 46 national departments 43 have language policies and language units (language units are described as existing even if not fully-fledged as long as there are officials responsible for performing language functions), and 3 have not yet complied Out of 151 national public entities and enterprises, 66 have language policies, 66 have language units; 26 were granted exemptions from establishing language units, and 85 national public entities and enterprises have not yet complied with the Act

3. CURRENT PROGRESS MADE ON THE IMPLEMENTATION OF THE USE OF OFFICIAL LANGUAGES ACT, 12 NATIONAL DEPARTMENTS Summary: Total Number of National Departments: 46 Language Policies : 43 (93.47%) Language Units : 43 (93.47%) Not complied : 3 (6.52%) Annotation : Language unit means that there is a fully established language unit or official/officials tasked to perform language functions

NATIONAL DEPARTMENTS Cont… Departments with language units and language policies # Department Language Unit Language Policy 1 Arts & Culture Yes Gazetted 2 Basic Education 3 Environmental Affairs 4 Government Communications & Information Systems 5 Health 6 Cooperative Governance 7 Civil Secretariat for Police 8 Human Settlement 9 Water & Sanitation 10 Justice & Constitutional Development

NATIONAL DEPARTMENTS Cont.. Departments with language units and language policies # Department Language Unit Language Policy 11 The Presidency Yes Gazetted 12 Public Works 13 Science & Technology 14 South African Police Service 15 South African Revenue Service 16 Sport & Recreation 17 Tourism 18 Traditional Affairs 19 National School of Governance 20 Communications 21 Higher Education

NATIONAL DEPARTMENTS Cont.. Departments with language units and language policies # Department Language Unit Language Policy 22 Correctional Services Yes Gazetted 23 International Relations & Cooperation 24  Office of Chief Justice 25  Labour 26  Home Affairs 27  Independent Police Investigative Directorate 28  National Treasury 29  Women 30  Defence

NATIONAL DEPARTMENTS Cont.. Departments with language units and language policies # Department Language Unit Language Policy 31 Small Business and Development Yes Gazetted 32 Statistics South Africa 33 Military Veterans 34 Economic Development 35 Planning, Monitoring and Evaluation

NATIONAL DEPARTMENTS Cont…  # Name of Department Language Unit Policy 36  Rural Development Yes Ready to be gazetted 37 Agriculture, Forestry and Fisheries 38 Trade & Industry 39 Transport 40 Social Development 41  Mineral Resources 42 Energy 43 Public Enterprises

NATIONAL DEPARTMENTS Cont.. Departments that have not yet complied  # Name of Department 44 Telecommunications & Postal Services 45 Public Service & Administration 46  State Security

B. NATIONAL PUBLIC ENTITIES AND ENTERPRISES 3. CURRENT PROGRESS MADE ON THE IMPLEMENTATION OF THE USE OF OFFICIAL LANGUAGES ACT, 12 Cont … B. NATIONAL PUBLIC ENTITIES AND ENTERPRISES Summary: National public entities and enterprises to comply with the Act: 151   Language policies : 66 (43.70%) Exemptions granted : 26 (17.21%) Not complied : 85 (53.64%)

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… National public entities and enterprises with policies: # Name of Institution Policy 1 Banking Sector Education and Training Authority (BANKSETA) Gazetted 2 Commission for Conciliation, Mediation and Arbitration 3 Independent Regulatory Board for Auditors 4 Iziko Museums of South Africa 5 KwaZulu-Natal Museum 6 Mintek

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution Policy 7 National Consumer Tribunal Gazetted 8 National Heritage Council 9 Office of the Pension Funds Adjudicator 10 Playhouse Company 11 Public Investment Corporation Limited 12 Robben Island Museum 13 UMsunduzi /Ncome Museum

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution Policy 14 South African Qualifications Authority Gazetted 15 National Film and Video Foundation 16 National Library of South Africa 17 Financial Services Providers (FAIS Ombud) 18 Council on Higher Education 19 AgriSETA 20 Financial & Accounting Services Seta

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution Policy 21 Accounting Standard Board Gazetted 22 Artscape 23 Council for Scientific and Industrial Research 24 Development Bank of Southern Africa 25 ESKOM 26 Financial Services Board 27 Freedom Park Trust 28 National Museum

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution Policy 29 National Literature Museum Gazetted 30 Office of the Tax Ombud 31 South African Institution for Drug Free Sport 32 Road Accident Fund 33 South African Library for the Blind 34 Special Investigation Unit 35 Transport Education & Training Authority 36 War Museum of Boer Republic

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution Policy 37 Land and Agricultural Development Bank of South Africa Gazetted 38 William Humphreys Art Gallery 39 Council for Geoscience 40 Transnet Soc LTB 41 South African National Space Agency 42 Human Sciences Research Council 43 Estate Agency Affairs Board 44 National Credit Regulator 45 Industrial Development Corporation 46 National Consumer Commission

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution Policy 47 Performing Arts of the Free State Gazetted 48 South African Council of Educators 49 Quality Council for Trade & Occupation POLICY READY TO BE GAZETTED 50 Export Credit Insurance Corporation of South African Limited Yes 51 The Market Theatre Foundation 52 Companies Tribunal 53 Government Pension Administration Agency 54 South African Weather Services 55 National Youth Development Agency 56 Government Printing Works 57 Armscor

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution Policy ready to be gazetted 58 National Arts Council Yes 59 South African National Accreditation System 60 Safety and Security, Sector Education Training Authority 61 South African Heritage Resources Agency 62 South African State Theatre 63 National Agricultural Marketing Council 64 Competition Tribunal 65 Afrikaanse Taalmusuem Monument 66 Mining Qualification Authority

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies = 85 67 National Urban Reconstruction and Housing Agency 68 South African broadcasting Corporation (SABC) 69 Fibre Processing Manufacturing Sector Education and Training Authority 70 Independent Electoral Commission 71 National Student Financial Aid Scheme 72 South African Diamond and Precious Metals Regulator 73 South African National Biodiversity Institute 74 Umalusi 75 Bushbuckridge Water Board 76 Castle Control Board 77 Food and Beverages Manufacturing Industry

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies 78 Agricultural Research Council 79 Air traffic and Navigation Services Council 80 Airports Company SA 81 Alexkor Limited 82 Amatola Water 83 Bloem Water 84 Brand SA 85 Mer-Skills Education and Training Authority 86 Children’s Right and Responsibilities Branch 87 Companies and Intellectual Property Commission 88 Compensation Fund

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies 89 Competition Commission 90 Council for Medical Schemes 91 Council for Mineral Technology 92 Denel PTY LTD 93 Electrical Distribution Industry Holdings 94 Forest Industry Education and Training Authority 95 Khula Enterprise Finance 96 Health & Welfare Sector Education & Training Authority 97 Health Professions Council of SA 98 Independent Development Trust

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies 99 Ingonyama Trust Board 100 Institute of People Management 101 Lepelle Northern Water 102 Ithala Development Finance Corporation 103 Luthuli Museum 104 Magalies Water 105 Media Development and Diversity Agency 106 Mhlathuze Water 107 National Advisory Council on Innovations

STATUS OF NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies 108 National Development Agency 109 National Economic Development and Labour Council 110 National Electric Media of SA 111 National Empowerment Fund 112 National Energy Regulator 113 National Gambling Board of SA 114 National House of Traditional Healers 115 National Housing Finance Board 116 National Nuclear Regulator 117 National Ports Authority 118 South African Medical Research Council

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies 119 Nelson Mandela National Museum 120 Overberg Water 121 Pebble Bed Modular Reactor PTY LTD 122 Petro SA 123 Private Security Industry Regulatory Authority (PRISA) 124 Rand Water 125 Refugee Appeal Board 126 Road Traffic Infringement Agency (RTIA) 127 Rural Housing Loan Fund 128 Ditsong: Museum of South Africa

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies 129 SABS (South African Bureau of Standards) 130 Sedibeng Water 131 Small Enterprise Development Agency 132 South African Council for Social Service Profession 133 South African Express 134 South African Local Government Association 135 South African National Road Agency 136 SA Nuclear Energy Corporation 137 SA Post Office 138 SA Reserve Bank 139 SA Veterinary Council

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # National Public Entities and Enterprises Without policies 140 State Information Technology Agency 141 Technology Innovation Agency 142 Trade & Investment SA 143 Universal Service Agency & Access of SA 144 Water Research Commission 145 Construction Education and Training Authority 146 Manufacturing, Engineering and Related Services Education and Training Authority 147 Academy of Science of South Africa 148 South African Forestry Company Limited 149 Telkom SA Limited 150 Boxing SA 151 South African National Parks

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… Exemption granted = 26 # Name of institution 1. Banking Sector Education and Training Authority (BANKSETA) 2. Commission for Conciliation, Mediation and Arbitration 3. Independent Regulatory Board for Auditors 4. Human Sciences Research Council 5. Iziko Museums of South Africa 6. KwaZulu-Natal Museum 7. Mintek 8. National Consumer Tribunal 9. National Heritage Council 10. Office of the Pension Funds Adjudicator 11. The Playhouse Company

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of institution 12. Public Investment Corporation Limited 13. Robben Island Museum 14. South African Medical Research Council 15. UMsunduzi/Ncome Museum 16. South African Qualifications Authority 17. National Film and Video Foundation 18. Export Credit Insurance Corporation of South Africa Limited 19. Quality Council for Trades and Occupations 20. National Consumer Commission 21. The Market Theatre Foundation 22. Windybrow

NATIONAL PUBLIC ENTITIES AND ENTERPRISES Cont… # Name of Institution 23. National Library of South Africa 24. Financial Services Providers (FAIS Ombud) 25. Council on Higher Education 26 Companies Tribunal

CONCLUSION There will be great improvement on the implementation of the Official Languages Act, 2012 by the time the contract of the service provider comes to an end in November. The focus of the service provider is to facilitate compliance with national public entities and public enterprises that have not complied with the Act.