1. CRL Rights Commission

2. Autonomy of the CRL Rights Commission
The CRL Rights Commission is established in accordance with section 181 (1) (c) of the Constitution. Section 181 (2) stipulate that the institution is independent, and subject only to the Constitution and the Law. Section 181 (3) stipulate that other organs of state (for example CoGTA) must assist and protect these institutions. Section 181 (4) stipulate that no person or organ of state may interfere with the functioning of the institution. Lastly section 181 (5) stipulate that the institution is accountable to National Assembly, and must report to the National Assembly at least once a year.
According to section 36 of the Public Finance Management Act (PFMA) every constitutional institution must have and accounting officer. Section 40 stipulates the reporting responsibilities of constitutional institutions through the accounting officer. According to section 40 (c) the financial statements must be submitted to the Auditor General and the National Treasury. According to section 40 (d) only departments and trading entities are required to submit annual reports to the executive authority of the relevant department. Section 40 (e) stipulate that a constitutional institution must submit the statements referred to in section (d) to Parliament.
According to the definitions in the Treasury Regulations the Executive Authority of a constitutional institution is the Chairperson of the constitutional institution. According to Treasury Regulation the accounting officer (Chief executive Officer) must establish procedures for quarterly reporting to the executive authority (Chairperson). Treasury regulation 8.4 is not applicable to the CRL Rights Commission, as section 38 (1) (j) exclude transfers to constitutional institutions.
According to section 3 (a) of the Act for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission Act) The CRL Rights Commission is independent. Section 8 (a) of the CRL Commission Act, stipulate that the CRL Rights Commission reports annually to the National Assembly on its activities and the performance of its functions.

3. Overview by the Chairperson
Non compliance with the CRL Act.
The commission is required to have 4 plenary meetings per year. However it will not be possible for the new financial year.
Commissioners need to fulfill executive functions and attend relevant meetings.
The Commission is required to host a national conference within the first 12 months of each term, as well as a second conference towards the end of the term.
NCC Legislative mandate
Resolutions of NCC
Funding of Community Councils
Impact on national policy –monitoring of implementation
Engagements with the Minister to resolve the matter.

4. Background on first and second term of the commission– Le Roux

5. Vision
A united south African nation that protects and promotes the CRL Rights of all its diverse communities.
Mission
To promote and protect the rights of cultural, religious and linguistic communities

6. Programme Structure (Founding act)
Investigation and Conflict Resolution
Objective: To promote peace, friendship, tolerance and mutual respect.
Research and Policy Development
Objective: To develop an information base of traditional and diminished heritage for furtherance of promotion and protection of CRL Rights of all communities.
Public Education & Advocacy
Objective: To promote public understanding of CRL Rights of all communities.
Community Engagement
Objective: To promote Community Participation through Cultural, Religious and Linguistic Community Structures.
Administration & Management
Objective: To provide strategic direction and support functions to the Commission.

7. Investigation and Conflict Resolution
ACTIVITIES
TARGET
LOCATION
TIME FRAME
INDICATOR
Estimated No. of cases to be received in 2009/10 based on the trend
EST. BUDGET
*Investigation
Concerned parties/communities (Complainant & Respondent)
Internally/
Externally
Within 30 days
Investigation Report (Indicating key aspects of the report)
Thirty (35) cases including ad-hoc cases, 20 of which may require site visits
R x 20 = R
*Mediation
Within 90 days
Reconciliation &
Acknowledgement clause
cases
R x 15 = R
*Legal Services
CRL Rights related issues
Internally
Within 60 days
Legal advice and opinion
As and when
Internal resources
Development of strategy for joint investigation
Relevant organ of state
Within the financial year
Co-operation and collaboration with relevant institutions as per section 6 of the Act
Once off consultative workshop/seminar R
Training
CRL Communities – based on community councils
External
Impart conflict resolution skills to community councils through training 09
R x 09 =
Total R

8. Research and Policy Development
PROJECT MANAGER : MR MATHEW GOPANE
MEASURABLE
OBJECTIVE
ACTIVITY
OUTPUT
PERFORMANCE INDICATOR
TARGET COMMUNITY
PROVINCE
TIME FRAME
BUDGET
1. To protect and promote the institution of male initiation schools in South Africa.
2. To develop a community-based/model guidelines for spiritual/cultural and religious access and practice in Sacred sites.
a) Printing of the report on
‘Public hearings on male initiation schools in South Africa’
b) Official launch of the report
Commissioning of research projects (case studies) /documentaries/ on Sacred sites – partnership with South African Local Government Association (SALGA) and Wits University.
Report with
legislative and policy recommendations to address problems of male initiation in South Africa
legislative and policy recommendations to address problems of access and practice in Sacred sites
Official hand-over of the report to the affected stakeholders, and supporting the implementation of the recommendations.
Official release/launch of the model/ guidelines of access and practice in Sacred sites to relevant stakeholders
Institutions of Traditional leadership, Initiation practitioners, Dept. of Health. Youth Agencies, Dept. Traditional Affairs, Dept of Education, SAPS, Dept of Social Development
SAHRA, NHC, SALGA, institution of Traditional Leaders etc.
National
August 2010
March 2011
R200,000 R
SUB TOTAL
R700,000.00
PROJECT MANAGER : MR BRIAN MAKEKETA
To promote and protect the Rights OF Cultural and Religious Communities in South Africa
2. Image
restoration of the Rastafarian religion
3.Image
restoration of
the Nama and the Khoi-San religion
a) Printing of the report on
‘Guidelines Report on the African Ritual of Animal Slaughter’
b) Official launch of the report
Seminar/ Dialogues
legislative and policy recommendations to address problems pertaining to
African Ritual of Animal Slaughter’
Report with recommendations to influence the national policy
Official hand-
over of the report to the affected stakeholders, and supporting the implementation of the recommendations.
Official release/launch of the report
Institutions of Traditional leadership, Dept. Traditional Affairs Traditional Healers Associations , South African Local Government Association (SALGA)
Rastafarian community
Academics
Dept. of Police Services, Justice, labour, other religious faiths, etc.
Nama and Khoi-San communities , academics and other affected stakeholders
Northern, Eastern and Western Cape
September 2009
March 2010 R
R50 000 R
PROJECT MANAGER : MS TIRHANI MABASA
1. To promote and protect the Linguistic Rights of Communities in South Africa
Promotion of
language equality in the media
Preservation of socio-linguistic heritage
‘Rights to language and rights of a language: The status of linguistic rights among Basotho speaking communities in Nqutu- Kwazulu-Natal’
Dialogue
Desktop research and documentation
1x Authentication
Report with legislative and policy recommendation to address problems of language rights.
Report with recommendations to influence editorial policies
Multilingual resource booklet
Official hand-over of the printed report to the relevant stakeholders.
Consultative meetings with relevant stakeholders
Dissemination and promotion of multilingual resource booklet
Dept of Basic Education – National and KZN Province, KZN Premiers’ office
Department of Sports, Arts and Culture
SABC, ICASA, eTV, National Community Radio Forum and MDDA
Researchers; Arts and Culture-Heritage Section; National language Bodies; Historians
KZN
November 2010
(Budget dependant)
September 2010
R50,000
R100,000 R
GRAND TOTAL R

9. Public Education and Advocacy
MEASURABLE
OBJECTIVE
ACTIVITY
OUTPUT
PERFORMANCE INDICATOR
TARGET COMMUNITY
PROVINCE
TIME FRAME
BUDGET
To promote and protect cultural, religious and linguistic rights in SA communities
Conduct Dialogues/ Workshops/ Seminars/ Training Sessions and Campaigns, to promote respect for and further the protection of the rights of cultural religious and linguistic communities
Increased recognition of the values and impact of the cultural, religious and linguistic diversity
9 road-shows
9 workshops
2 national seminars
c-r-l communities Women, youth and Civil Service and the Disabled
All nine Provinces
Throughout the year R R R
Diminished and Diminishing heritage of C-R-L communities
Recovery of diminishing and diminished heritage
c-r-l communities especially and including youth, Civil Service
Nine Provinces
Throughout the Year
Gender in Culture, Religion and Language
Communities supported in respect of gender awareness on c-r-l matters
Enhance Gender awareness in crl matters
Men, Woman, Youth and the Disabled
TOTAL BUDGET R

10. Community Engagement Measurable Objectives Activity Output/come
Performance Indicator
Target Communities
Province
Time frame
Budget
Establishment of CRL Community structures, and community Councils
Engage listed organizations in each province i.e. for recognition
-Enlist new CRL organizations
-organize provincial councils of elders
Adequate profile for recognition as community councils and councils of elders
10 community councils in all three provinces
40 community councils in all three provinces
50 community councils in all three provinces
3 councils of elders
Provincial cultural, religious and linguistic communities
provincially
Gauteng
Western Cape
Free State
North West
Northern Cape
Eastern Cape
Limpopo
Mpumalanga
Kwazulu Natal
April/June
July/September
October/December
January/March
R50,000 x 3 = R150,000
R50,000 x 3 =
R150, 000
R50,000 x 3 =
= R150, 000
Capacity building
Facilitate CRL community council’s training.
Capacitated members of CRL community councils
1 after every six months
Community councils (2 provinces with more recognized CRL organizations)
2 provinces with more recognized CRL organizations
September 2010
March 2011
Hosting of the National Consultative Conference and Mini Conferences
Conduct information sharing mini conferences on NCC 2011.
National Consultative Conference
Informed CRL organizations
9 mini conferences
4 mini Conferences
4 Mini conferences
1 Mini Conference
1 NCC
CRL Community councils and organizations
(Western Cape, Gauteng, Free State, Limpopo)
(Kwazulu Natal, Mpumalanga, Eastern Cape, Northern Cape)
National
January 2011
February 2011
R100,000 x 4 = R400,000
R 100,000 x 4 = R400,000
R 100,000
R 8,000,000
Grand Total
R9,500,000

11. Performance of the commission during the 2009/10 financial year
Investigation and Conflict Resolution
(a -55 New and old cases finalized, 4 referral to relevant institutions
(b -Initiated a joint investigation with the South African Human Rights Commission and the Amafa aKwa-Zulu Natal
(c -3 Fact-finding mission: Western Cape –Drankenstein Correctional Services, Khilovedu language, and Naledi Mountain Sacred Site
(d -3 Mediation sessions: between Muslim Religion and the Hope Ministry on blasphemous literature, South African Hindu Dharma and Universal Church of Kingdom of God and UNISA examination dates vs. Jewish and Muslim Religious Observance days.
(e - 1 internal Workshop - Heritage Month.
(f – Conclusion of guidelines for recognition of CRL Community councils
(g -Presentation on Sesotho sa Leboa to the Constitutional Review Committee at Parliament
(h - a Seminar on “tension between culture and human rights” , with specific reference to Ukweshwama
(i - Consultative meeting with the United Reformed Church site which was used as a football ground.
(j - ICR complaints forms translated into other official languages with assistance of the Department of Arts and Culture,
(k - Meeting with the Department of Correctional Services' Spiritual and Development Care Directorate - to discuss rights of inmates and access to various religious guidelines.

12. Performance of the commission during the 2009/10 financial year continues
Research and Policy Development
(a - Guidelines were published for spiritual/religious access and practice in sacred sites.
(b - Finalised the report on “Public hearings on male initiation schools in South Africa” .
(c - A draft report on “guidelines on the African ritual of animal slaughtering” was finalised.
(d - Final report on “ rights to language and rights of a language: The status of linguistics rights among Basotho speaking communities in Nqutu (KZN)
(e - Participated in the review of the Children’s Act.
(f - An activity report on issues raised by concerned stakeholders around Ukuthwala and 3 activity reports with resolutions on public hearings of Sepedi vis-à-vis Sesotho sa Leboa.
(g - Partnership was reached in respect of the launch of the report on sacred sites with SALGA and Wits.
(h - A database of Linguistic profile of official and non-official languages of South Africa was established.

13. Performance of the commission during the 2009/10 financial year continues
Public Education and Advocacy
(a - 5 dialogues with older persons/ senior citizens in the Northern Cape Province, the Free State, Mpumalanga, Western Cape and North West, 1 x dialogue with women from diverse religious and cultural backgrounds in Pretoria, 1 dialogue with C, R and L Communities, Provincial House of Traditional Leaders, Contralesa, Government Departments, NGO’s and Chapter nine institutions at East London, 1 dialogue with the Diabetes group in Western Cape.
(b CRL Rights Commission pamphlets distributed to 4 provinces.
(c 3 meetings with groups of women in Ivory Park, Tembisa and Ebony Park to brainstorm and dialogue on how the Commission can better promote and protect the cultural, religious and linguistic rights of their communities.
Freedom Park, celebration of woman’s month.

14. Performance of the commission during the 2009/10 financial year continues
Community Engagement
(a -60 CRL community councils were short listed and provisionally recognized in Gauteng Province, 40 in Free State, 6 in North West Province, 8 in Northern Cape, 5 in Eastern Cape, 33 in Western Cape. The process of recognition is continuing.
(b -Created data base of elders from 3 provinces.
(c - 3 Community councils workshops and information sharing sessions were hosted in Gauteng, Western Cape and Free State.
(d - CRL community councils were launched in 3 provinces, Gauteng, Free State and Western Cape

15. Partnerships with other organisations
Performance of the commission during the 2009/10 financial year continues
Administration
The support functions of the commission achieved an unqualified audit report for the 2008/09 financial year.
Partnerships with other organisations
The Commission also managed to form successful partnerships with the following institution.
Rhodes Mandela Scholars and the University of Rhodes

16. Budget as requested for medium term
Item
Allocation 2010/2011
Allocation 2011/2012
Allocation 2012/2013
Revenue
Transfers from government entities
21,617,000.00
22,914,000.00
24,060,000.00
Total Revenue
Expenses
Administrative
6,203,000.00
1,504,000.00
1,615,000.00
Audit fees
1,682,000.00
1,846,000.00
2,020,000.00
Staff Costs
44,699,000.00
46,634,000.00
48,727,000.00
Other operating expenses
7,230,000.00
6,255,000.00
6,577,000.00
Depreciation
550,000.00
600,000.00
650,000.00
Total Expences
60,364,000.00
56,839,000.00
59,589,000.00
-38,747,000.00
-33,925,000.00
-35,529,000.00

17. Final Allocation to the CRL Rights Commission
Revenue
Item
Actual Expenditure as at 31 March 2010
Allocation 2010/2011
Allocation 2011/2012
Allocation 2012/2013
Transfers from government entities
20,250,000.00
21,401,000.00
22,685,000.00
23,819,000.00
Total Revenue
20,
Expenses
Administrative Expenses
1,155,458.25
660,000.00
715,000.00
749,000.00
Total Audit Fees
1,028,046.87
900,000.00
950,000.00
1,000,000.00
Total Staff Cost
12,411,866.85
16,091,000.00
16,913,000.00
17,712,000.00
Total Other Operating Expenditure
5,376,337.96
3,750,000.00
4,107,000.00
4,358,000.00
Total Capital Equipment
16,046.95 -
Total Depreciation
366,348.99
Total Expenditure
20,354,105.87

18. Proposed staff establishment
Department
Total posts
Part Time Appointments
Posts Filled on the Establishment
Vacant Funded Posts on Establishment
Unfunded Posts on Establishment
Commissioners 17 15 2
Investigation and Conflict Resolution 9 3 6
Research and Policy Development 4 1
Public Education and Advocacy 5
Community Engagement
Administration 43 18 23
Provincial Offices 45
Total
133 31 82

19. Comparison with Sister Organizations in respect of funding
Constitutional Institution
2006/2007 M
2007/2008
2008/2009
2009/2010
2010/2011
2011/2012M
2012/2013
South African Human Rights Commission
49.2
55.3
60.6
70.1
73.5
82.9
88.9
Commission for Gender Equality
37.8
39.7
46.2
49.1
51.9
55.2
57.9
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities
13.4
15.4 20
20.3
21.4
22.7
23.8
% increment year on year
SAHRC
CGE
CRLC
( Overall Increment for the Period)
6.1
1.9 2
5.3
6.5
4.6
9.5
2.9
0.3
3.4
2.8
1.1
9.4
3.3
1.3
6 (39.7)
2.7 (20.1)
1.1 (10.4)

20. Notes on the budget
The increase in the allocation to the CRL Rights commission is 5.68% between the 2009/10 and 2010/11 financial years. The increase in the “cost of living” in expenditure is expected to be 10%.
It needs to be noted that not only were the estimated budget of the Commission disapproved, but the allocation over the medium term was decreased from R to R for the 2010/11 financial year.
The CRL Rights Commission applied for additional funding during the 2009/10 financial year, which was declined by CoGTA. As a result expenditure to the value of R 1,5 m was rolled over to the 2010/11 financial year.

21. Notes to the budget continue
The postponed payments of R 1.5m includes commitments to suppliers, claims of commissioners and adjustments in respect of senior staff members.
The result is that legislated and mandated activities such as the NCC of 2009/10, meetings of the body of commissioners and activities of programmes in respect of the strategic plan had to be cancelled till further notice.
The effect on the Commission is that funds intended for the implementation of programmes have to be utilised to carry fixed costs of the Commission.

22. Notes to the budget continue
Budget inputs made by the Commission is not debated with the Commission to obtain a optimal understanding of the Mandate of the Commission. As a result, the Commission is not able to maintain the current level of performance, while there are parts of the legislated mandate that cannot be fulfilled.
The consistent underfunding of the Commission has a debilitating effect, for example the present allocation of R will only cover staff costs and overhead expenditure, such as the lease agreement and telephone costs.
The Commission will not be in a position to deliver on the approved strategic plan if the current circumstances prevail.

23. Major Challenges in Service delivering
Lack of access to National Treasury in respect of budget proposals.
Unclear governance reporting lines versa vi the independence of the Commission as a Chapter Nine Institution becomes questionable.
Insufficient funding to recruit the required skills and to fund projects seriously undermines service delivery of the Commission.

24. Questions?