1. 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

2. 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

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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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.

14. 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

15. 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.

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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)

26. 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

27. 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)

28. 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

29. 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)

30. 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)

31. 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

32. 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

33. 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)

34. 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

35. 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

36. 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

37. 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

38. 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