1. 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

2. 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

3. 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.

4. 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 (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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

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

15. 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%)

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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

34. 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

35. 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.