PORTFOLIO COMMITTEE PORTFOLIO COMMITTEE

ON ARTS AND CULTUREON ARTS AND CULTURE

01 SEPTEMBER 201001 SEPTEMBER 2010

By Revd. Dr Wesley Mabuza By Revd. Dr Wesley Mabuza

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CRL RIGHTS COMMISSION MANDATECRL RIGHTS COMMISSION MANDATE

• The S. A ConstitutionThe S. A Constitution• CRL Act 19, 2002 (founding Act)CRL Act 19, 2002 (founding Act)• The Cultural Charter for AfricaThe Cultural Charter for Africa

Respect for rules, principles, Respect for rules, principles, traditions, languages, mores of traditions, languages, mores of society.society.

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Administration & Management

Conflict Resolution

Research & Policy Development

Community /Public Education & Advocacy

Community Engagement

VISIONVISION

National Unity among the Diverse National Unity among the Diverse Cultural, Religious and Cultural, Religious and Linguistic CommunitiesLinguistic Communities

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MissionMission

MISSION STATEMENTMISSION STATEMENT• Promotion and Protection of the Promotion and Protection of the

Rights of Cultural, Religious and Rights of Cultural, Religious and Linguistic CommunitiesLinguistic Communities

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FUNCTIONSFUNCTIONS

• Developing Cultural, Religious and Developing Cultural, Religious and Linguistic Equality;Linguistic Equality;

• Recovering Indigenous Knowledge Systems;Recovering Indigenous Knowledge Systems;• Developing an Inventory of Heritages;Developing an Inventory of Heritages;• Enabling Communities to expand Enabling Communities to expand

Responsibility and Accountability;Responsibility and Accountability;• Intensifying Dialogue among Communities;Intensifying Dialogue among Communities;• Monitoring of the Compliance by the state & Monitoring of the Compliance by the state &

civil society with the mandate of the CRL civil society with the mandate of the CRL Rights CommissionRights Commission

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• Mediation of Inter-Community Mediation of Inter-Community Conflict situations and facilitate Conflict situations and facilitate Harmonious Co-existence;Harmonious Co-existence;

• Lobby with Government Lobby with Government departments & legislative departments & legislative authorities on issues authorities on issues concerning the Rights of concerning the Rights of Cultural, Religious & Linguistic Cultural, Religious & Linguistic Communities.Communities.

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STRATEGIC OBJECTIVESSTRATEGIC OBJECTIVES• Peace, friendship, Peace, friendship,

humanity,tolerancehumanity,tolerance

• Mutual respectMutual respect

• Developmentof diminishingDevelopmentof diminishing

• Community CouncilsCommunity Councils8

7 DELIVERY PROGRAMS7 DELIVERY PROGRAMS

a)a)Investigation and Complaints Investigation and Complaints ResolutionsResolutions

b)b)Research and Policy DevelopmentResearch and Policy Development

c)c)Public Education and Advocacy Public Education and Advocacy

d)d)Community EngagementCommunity Engagement

e)e)Financial Management Financial Management

f)f)Corporate ServicesCorporate Services

g)g)Secretariat and Corporate GovernanceSecretariat and Corporate Governance

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INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTION( PI FOR 2009/10)RESOLUTION( PI FOR 2009/10)

• Backlog of 36 cases finalisedBacklog of 36 cases finalised• Received 27 new cases; 20 already Received 27 new cases; 20 already

investigated;investigated;• 7 outstanding due to resource 7 outstanding due to resource

constraintsconstraints• New Complaint form, Arts and New Complaint form, Arts and

Culture Dept assisted with Culture Dept assisted with translation into other off languagestranslation into other off languages

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INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTION (PI CONT…) RESOLUTION (PI CONT…)

Trend of ComplaintsTrend of Complaints• Highest number about Religion Highest number about Religion • Second highest number about Second highest number about

CultureCulture• Least number about LanguageLeast number about Language

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INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTIONRESOLUTION

• Rural Communities’ Culture and Rural Communities’ Culture and ReligionReligion

• Urban Communities’ Languages in Urban Communities’ Languages in Education Education

• Majority of cases from: GP, WC, Majority of cases from: GP, WC, LimP and ECLimP and EC

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INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTION (PI CONT…)RESOLUTION (PI CONT…)

• MediationMediation10 mediation cases received, but 10 mediation cases received, but

only;only;Thee cases were mediated within Thee cases were mediated within

90 days, due to resource 90 days, due to resource constraintsconstraints

Settlements signedSettlements signed13

INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTION (PI CONT…)RESOLUTION (PI CONT…)

Joint Strategies with other organs of Joint Strategies with other organs of State (S6 of founding Act)State (S6 of founding Act)

• Partnered with DIRCO on political Partnered with DIRCO on political participation of minority groupsparticipation of minority groups

• Other partnership were to be Other partnership were to be through workshops with financial through workshops with financial implicationsimplications

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• INVESTIGATION & CONFLICT INVESTIGATION & CONFLICT RESOLUTION (PI CONT…)RESOLUTION (PI CONT…)

Recommendation to Organs of Recommendation to Organs of StateState

• 5 targeted but 7 achieved5 targeted but 7 achieved

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RESEARCH & POLICY DEVELOPMENT RESEARCH & POLICY DEVELOPMENT

(PI 2009/10)(PI 2009/10)• Produced public research reports as follows:Produced public research reports as follows: Rights to language an rights of a language: the Rights to language an rights of a language: the

status of linguistic rights among Basotho status of linguistic rights among Basotho speaking communities in Nqutu (KZN)speaking communities in Nqutu (KZN)

Public hearings on male initiation schools in SA- Public hearings on male initiation schools in SA- report covering FS, GP and EC provinces done)report covering FS, GP and EC provinces done)

Guidelines Report on Ritual of Animal SlaughterGuidelines Report on Ritual of Animal Slaughter

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RESEARCH AND POLICY DEVELOPMENTRESEARCH AND POLICY DEVELOPMENT (PI Cont…)(PI Cont…)

Collaborations and major events:Collaborations and major events:• Rhodes Univ. and CRL co-hosted Rhodes Univ. and CRL co-hosted

conference themed “ethical leadership: conference themed “ethical leadership: the promise and practice”the promise and practice”

• Purpose was for “scholars to Purpose was for “scholars to strenghten ties with their strenghten ties with their communities”communities”

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PUBLIC EDUCATION & ADVOCACYPUBLIC EDUCATION & ADVOCACY

• Promote public understanding of c-r-l Promote public understanding of c-r-l rights of all communitiesrights of all communities

Partnered the SAOlder Persons Forum Partnered the SAOlder Persons Forum on role of older persons in discovering on role of older persons in discovering diminished heritagediminished heritage

SAOPF contribution on c-r-l debatesSAOPF contribution on c-r-l debates Organised radio interviews on topical Organised radio interviews on topical

issuesissues

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PUBLIC EDUCATION & ADVOCACYPUBLIC EDUCATION & ADVOCACY

Children’s Rights vs. Cultural and Children’s Rights vs. Cultural and Community Rights:Community Rights:

Effects of the Childrens Act 38,2005 on Effects of the Childrens Act 38,2005 on initiation schools and virginity testing.initiation schools and virginity testing.

Role of women on minimising deaths Role of women on minimising deaths of initiates raised in EC.of initiates raised in EC.

Analysis of the Childrens Act w.r.t c-r Analysis of the Childrens Act w.r.t c-r practicespractices

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PUBLIC EDUCATION & ADVOCACY PUBLIC EDUCATION & ADVOCACY (PI 2009/10 Cont…)(PI 2009/10 Cont…)

Dialogue held at Union Building with Dialogue held at Union Building with partners: DWC&PD, NGOs, Zulu partners: DWC&PD, NGOs, Zulu Royal House, KZN Premier’s Office Royal House, KZN Premier’s Office and Organisers of the Reed Dance.and Organisers of the Reed Dance.

Practitioners running virginity Practitioners running virginity testing and Office of the King of the testing and Office of the King of the Zulus.Zulus.

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PUBLIC EDUCATION & ADVOCACY PUBLIC EDUCATION & ADVOCACY

(PI 2009/10 Cont…)(PI 2009/10 Cont…)

DWC&PD; CoGTA; and DoSD DWC&PD; CoGTA; and DoSD requested to consider amendment requested to consider amendment of sections affecting cultural and of sections affecting cultural and religious rights of communitiesreligious rights of communities

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COMMUNITY ENGAGEMENT COMMUNITY ENGAGEMENT

(PI 2009/10)(PI 2009/10)

Promote community participation through c-r-Promote community participation through c-r-l community structuresl community structures

S38 of Act mandates the recognition of cc’s.S38 of Act mandates the recognition of cc’s. CCs advise Commission in achieving the CCs advise Commission in achieving the

objects of Commission as in Act;objects of Commission as in Act; Launching seminars held in 3 provinces:GP-Launching seminars held in 3 provinces:GP-

26, FS-25 and WC-31 themed: “the 26, FS-25 and WC-31 themed: “the importance of c-r-l councils in building unity importance of c-r-l councils in building unity and one SA nation” and one SA nation”

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GOVERNANCE CHALLENGESGOVERNANCE CHALLENGES• Commission est. through S185 of Commission est. through S185 of

the Constitution as a Chapter 9 the Constitution as a Chapter 9 InstitutionInstitution

• S186 of the Constitution refers S186 of the Constitution refers composition, number, office term composition, number, office term to legislation (17 Commissioners);to legislation (17 Commissioners);

• Legislation not indicating duties Legislation not indicating duties and responsibilities for part timersand responsibilities for part timers

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GOVERNANCE CHALLENGES (Cont…)GOVERNANCE CHALLENGES (Cont…)Minister administers the founding Act Minister administers the founding Act Reporting mechanisms to the Reporting mechanisms to the

Minister not in place (is it financial Minister not in place (is it financial reporting vz Performance reporting?)reporting vz Performance reporting?)

Constitution provides for reporting to Constitution provides for reporting to NA (S181 (5) of the Constitution)NA (S181 (5) of the Constitution)

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GOVERNANCE CHALLENGES (Cont…)GOVERNANCE CHALLENGES (Cont…)Not clear where the Commission is Not clear where the Commission is

within CoGTA. Is it with CoG or TA, within CoGTA. Is it with CoG or TA, nothing formally communicated.nothing formally communicated.

Informally informed its TA, under Informally informed its TA, under the DG or Minister?the DG or Minister?

No model of engagement between No model of engagement between CRL and CoGTACRL and CoGTA

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GOVERNANCE CHALLENGES GOVERNANCE CHALLENGES (Cont…)(Cont…)

Received communique from Received communique from D/Speaker office in Feb’08 on D/Speaker office in Feb’08 on possible change of reporting lines possible change of reporting lines to the NA.to the NA.

Important to have an Executive Important to have an Executive Support as with other Chapter 9s.Support as with other Chapter 9s.

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LEGISLATIVE & REG’ LIMITATIONSLEGISLATIVE & REG’ LIMITATIONS• Roles and responsibilities part-time Roles and responsibilities part-time

Commissioners;Commissioners;• Authority of Chairperson beyond Authority of Chairperson beyond

convening meetingsconvening meetings• No synergy of appointment of No synergy of appointment of

Commissioners with other sister orgs.Commissioners with other sister orgs.• National Treasury Regulations 1.1 vz National Treasury Regulations 1.1 vz

the founding Actthe founding Act

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MANDATORY CHALLENGESMANDATORY CHALLENGES• NCC as result of fundsNCC as result of funds• Plenary sittingsPlenary sittings• Suspension of programme Suspension of programme

implementationimplementation• Waiting for MTEF allocations by Waiting for MTEF allocations by

NTNT

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CONCLUSIONCONCLUSION

THANKY YOUTHANKY YOU

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