Presentation to the Portfolio Committee on Arts and Culture : STATUS REPORT ON THE IMPLEMENTATION OF THE USE OF OFFICIAL LANGUAGES ACT, 2012 (ACT NO. 12 OF 2012) Presentation to the Portfolio Committee on Arts and Culture : 1 September 2015

STRUCTURE OF THE PRESENTATION 1. Constitutional context 2. Objects of the Act 3. Application of the Act 4. Promulgation of the Act 5. Support and reminders to national departments, national public entities and enterprises before 2 November 2014 6. Extension of the due date to 2 May 2015 7. Support and reminders to national departments, national public entities and enterprises before the second deadline 8. Progress summary 8.1 National departments 8.2 National public entities & enterprises

STRUCTURE OF THE PRESENTATION (cont.) 9. Status report as of august 2015: National government departments National public entities and enterprises 10. Challenges 11. Recommendations

1. CONSTITUTIONAL CONTEXT Section 6 of the Constitution, 1996 regulates languages Section 6(1) identifies eleven official languages of the Republic In recognition of the historically diminished use and status of indigenous languages, section 6(2) obliges the state to take practical and positive measures to elevate the status and advance the use of indigenous languages Section 6(3)(a) provides that national government and each of the provincial governments may use any official languages for the purposes of government, provided that at least two official languages must be used

CONSTITUTIONAL CONTEXT (cont.) Section 6(3)(a) sets out the various factors that government must take into account when determining which particular official languages to use for the purposes of government. These are: usage practicality expense regional circumstances, and the balance of the needs and preferences of the population as a whole or in the province concerned

CONSTITUTIONAL CONTEXT (cont.) Section 6(4) obliges the national and provincial governments to regulate and monitor their use of official languages by legislative and other measures It is clear from section 6(4) that: it is government’s use of official languages that must be regulated and monitored, as opposed to use of official languages by the public in general or the private sector; and legislative and other measures must be used by government to regulate and monitor its use of official languages It is in the context of the constitutional obligation to use legislative measures to regulate and monitor use of official languages, that the Use of Official Languages Act, 2012 was promulgated

CONSTITUTIONAL CONTEXT (cont.) Section 6(4) also provides that, without detracting from the provisions of section 6(2), all official languages must enjoy parity of esteem and must be treated equitably “Equitable” treatment is not the same as “equal” treatment. Equitable treatment is treatment that is just and fair in the circumstances The obligation to treat all official languages with “parity of esteem” requires that all official languages should be accorded equal respect Section 6(5) requires the establishment of a Pan South African Language Board through national legislation to promote and create conditions for the development and use of national languages and promote and ensure respect for defined languages

2. OBJECTS OF THE USE OF OFFICIAL LANGUAGES ACT Objects of the Act in section 2 are as follows: to regulate and monitor the use of official languages for government purposes by national government to promote parity of esteem and equitable treatment of official languages of the Republic to facilitate equitable access to services and information of national government, and to promote good language management by national government for efficient public service administration and to meet the needs of the public  

3. APPLICATION OF THE ACT The Use of Official Languages Act applies to the national government, comprising: national departments national public entities, and national public enterprises The Act establishes a legislative framework for the national government to regulate and monitor its use of official languages

4. PROMULGATION OF THE ACT The Act was assented by the President of the Republic of South Africa on 1 October 2012 The Act was proclaimed effective by the President on 2 May 2013 The deadline for implementing the Act was 2 November 2014

5. SUPPORT BY THE DAC BEFORE 2 NOVEMBER 2014 4 September 2013: The Department of Arts & Culture (DAC) conducted a technical workshop with national government departments, national public entities and national public enterprises whereby the legislative framework and their responsibilities were outlined and explained as prescribed in the Act 26-27 June 2014: Subsequent to the technical workshop, DAC organised workshops on the Act, and stakeholders reported implementation progress 14 August 2014: The DAC sent a notice through Department of Communications to remind institutions about the due date of adopting their language policies and establishment of language units

SUPPORT BY DAC BEFORE 2 NOVEMBER 2014 (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 1the same notice through Sunday Times and City Press 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

6. EXTENSION OF THE DUE DATE TO MAY 2015 The Minister of Arts & Culture extended the due date to 2 May 2015 with the following conditions: a status report on progress with regard to the implementation of the Act was received by 30 January 2015; all language policies, drafted in such a way that they are appropriate to the context and operations of national government departments and their national public entities and enterprises, were gazetted for public comment by 31 March 2015; all language policies were adopted by 2 May 2015.

7. SUPPORT AND REMINDERS BEFORE THE SECOND DEADLINE Due low response rates to the Ministers’ call to national government departments, national public entities and enterprises to report on 30 January 2015, the DAC convened three workshops in February 2015 to follow up on the implementation of the Act. The following workshops were convened on: 19 February 2015 for national public entities; 24 February 2015 for national public enterprises; and 27 February 2015 for national government departments All national departments, national public entities and enterprises present provided progress reports

SUPPORT BY DAC BEFORE THE SECOND DEADLINE (cont.) March 2015: Minister sent letters to other departments’ Ministers reminding them to gazette policies by 31 March 2015 in order to provide the public enough time to comment before the due date - 2 May 2015 April 2015: Letters were sent to all Directors-General requesting them to submit status reports after deadline of 2 May 2015. Unfortunately, only few national government departments and their national public entities and enterprises responded to these reminders.

15 have gazetted their language policies 10 have draft policies 8. PROGRESS SUMMARY 8.1 National departments 15 have gazetted their language policies 10 have draft policies 13 Language units 8.2 National public entities & enterprises 30 gazetted their policies 11 have draft language policies 13 have applied for exemption from establishing language units 8 have language units

9. STATUS REPORT AS OF AUGUST 2015 : 9 9. STATUS REPORT AS OF AUGUST 2015 : 9.1 NATIONAL GOVERNMENT DEPARTMENTS # Department Policy gazetted Draft policy Language unit 1. Agriculture, Forestry & Fisheries No 2. Arts and Culture Yes N/A 3. Basic Education 4. Communications 5. Cooperative Governance 6. Correctional Services 7. Defence and Military Veterans 8. Economic Development 9. Energy

STATUS REPORT AS OF AUGUST 2015 : NATIONAL GOVERNMENT DEPARTMENTS # Department Policy gazetted Draft policy Language unit 10. Environmental Affairs Yes N/A 11. Finance: National Treasury No 12 Government Communication and Information System 13. Health 14. Higher Education and Training 15. Home Affairs

STATUS REPORT AS OF AUGUST 2015 : NATIONAL GOVERNMENT DEPARTMENTS Policy gazetted Draft policy Language Unit 16. Human Settlement No 17. International Relations and Cooperation Yes N/A 18. Justice and Constitutional Development 19. Labour 20. Mineral Resources 21. National School of Government 22. Performance, Monitoring and Evaluation

STATUS REPORT AS OF AUGUST 2015 : NATIONAL GOVERNMENT DEPARTMENTS Policy gazetted Draft policy Language Unit 23. Presidency Yes N/A No 24. Public Works 25. Public Enterprise 26. Public Service and Administration 27. Rural Development and Land Reform 28. Science and Technology 29. Small Business Development

STATUS REPORT AS OF AUGUST 2015 : NATIONAL GOVERNMENT DEPARTMENTS Policy gazetted Draft policy Language unit 30. Social Development No 31. South African Police Services Yes N/A 32. Sports and Recreation South Africa 33. Statistics South Africa 34. State Security 35 Telecommunications and Postal Services 36. Tourism 37. Trade and Industry

STATUS REPORT AS OF AUGUST 2015 : NATIONAL GOVERNMENT DEPARTMENTS Policy gazetted Draft policy Language unit 38. Traditional Affairs Yes N/A No 39. Transport 40. Water and Sanitation 41. Women

Exemption from establishing language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing language unit 1. South African Revenue Services (SARS) Yes N/A 2. Government Pension Administration Agency (GPAA) No Not requested 3. Accounting Standards Board (ASB) 4. Office of the Ombud for Financial Services Provider (FAISOmbud) Granted exemption

Exemption from establishing a language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 5. Public Investment Corporation (PIC) Yes N/A Granted exemption 6. Development Bank of Southern Africa No Not requested 7. Land and Agriculture Bank of South Africa 8. Financial Services Board (FSB) 9. Tax Ombud

Exemption from establishing a language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 10. Office of the Pension Funds Adjudicator (OPFA) Yes N/A Granted exemption 11. Artscape No Not requested 12. William Humphreys Art Gallery (WHAG) 13. Robben Island Museum (RIM)

Exemption from establishing a language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 14. Council for Scientific and Industrial Research (CSIR) Yes N/A No Not requested 15. National Film and Video Foundation (NFVF) 16. Iziko Museums of South Africa

Exemption from establishing a language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 17. National English Literary Museum (NELM) No Yes N/A 18. National Credit Regulator Not requested 19. South African Diamond and Precious Metals Regulator (SADPMR)

Exemption from establishing a language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 20. The KwaZulu-Natal Museum Yes N/A Granted exemption 21. National Arts Council No Not requested 22. South African Weather Service (SAWS) 23. National Library of South Africa (NLSA) 24. Council for Mineral Technology (Mintek) Application in process

Exemption from establishing a language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 25. Export Credit Insurance Corporation of South Africa (ECIC) No Yes N/A Application in process 26. Transport Education Training Authority (T.E.T.A) 27. Freedom Park Not requested 28. War Museum of the Boer Republics (WMBR)

Exemption from establishing a language unit 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 29. Commission for Conciliation, Mediation and Arbitration (CCMA) Yes N/A Application in process 30. Performing Arts Centre of the Free State (P.A.C.O.F.S) No Not requested 31. South African Forestry Company Ltd (SAFCOL)

DEPARTMENT OF ARTS AND CULTURE 6/25/2018 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 32. National Heritage Council (NHC) Yes N/A Granted exemption 33. Msunduzi and Ncome Museum 34. National Museum No Not requested 35. Umalusi 36. The Playhouse Company Granted exemption

DEPARTMENT OF ARTS AND CULTURE 6/25/2018 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 37. BANKSETA Yes N/A Application in process 38. National Consumer Tribunal No Granted exemption 39. Independent Regulatory Board 40. National Student Financial Aid Scheme (NFSAS) Not requested

DEPARTMENT OF ARTS AND CULTURE 6/25/2018 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 41. Mining Qualifications Authority Yes N/A No Not requested 42. Manufacturing, Engineering and Related Services Sector Education and Training Authority (MerSETA) 43. Construction Education and Training Authority (CETA)

DEPARTMENT OF ARTS AND CULTURE 6/25/2018 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 44. Services SETA No Not requested 45. FoodBev SETA 46. Fibre Processing & Manufacturing (FP&M SETA) Yes 47. AgriSETA N/A

DEPARTMENT OF ARTS AND CULTURE 6/25/2018 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 48. Market Theatre No Not requested 49. State Theatre 50. BlindSA 51. Blind Library

DEPARTMENT OF ARTS AND CULTURE 6/25/2018 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 52. SAHRA No Not requested 53. BASA 54. NELSON MANDELA MUSEUM 55. Windybrow

DEPARTMENT OF ARTS AND CULTURE 6/25/2018 9.2 STATUS REPORT AS OF AUGUST 2015: NATIONAL PUBLIC ENTITIES AND ENTERPRISES Institution Policy gazetted Policy draft Language unit Exemption from establishing a language unit 56. Afrikaans Taal Museum Yes N/A No Not requested 57. Luthuli Museum

10. Challenges 11. Recommendations Most departments, entities and enterprises report: Inadequate resources Lack of support within departments 11. Recommendations PanSALB to do oversight on the implementation of the Act by all national government departments, national public entities and national public enterprises. Portfolio Committee on Arts and Culture to encourage and support non-complying departments to comply with the Act DAC to continue sending notices/reminders to non-complying departments, national public enterprises and public entities DAC to continue reporting on implementation as part of Outcome 14 reports to Cabinet