CRL RIGHTS COMMISSION AUTONOMY OF THE CRL RIGHTS

CRL RIGHTS COMMISSION

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 Co. GTA) 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 5. 3. 1 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.

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. �

BACKGROUND ON FIRST AND SECOND TERM OF THE COMMISSION– LE ROUX

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

PROGRAMME STRUCTURE (FOUNDING ACT) � Investigation and Conflict Resolution � � Research and Policy Development � � Objective: To promote public understanding of CRL Rights of all communities. Community Engagement � � 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 peace, friendship, tolerance and mutual respect. 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.

INVESTIGATION AND CONFLICT RESOLUTION ACTIVITIES TARGET *Investigation *Mediation *Legal Services Development of strategy for joint investigation Training Total LOCATION TIME FRAME INDICATOR Estimated No. of cases EST. BUDGET to be received in 2009/10 based on the trend Concerned Internally/ parties/communities Externally (Complainant & Respondent) Within 30 days Investigation Report (Indicating key aspects of the report) Thirty (35) cases including R 8 000 x 20 = ad-hoc cases, 20 of which R 160 000 may require site visits Concerned parties/communities (Complainant & Respondent) CRL Rights related issues Relevant organ of state Internally/ Externally Within 90 days 10 - 15 cases R 8 000 x 15 = R 120 000 Internally Within 60 days As and when Internal resources Internally Within the financial year Reconciliation & Acknowledgem ent clause Legal advice and opinion Co-operation and collaboration with relevant institutions as per section 6 of the Act Once off consultative workshop/seminar R 120 000 CRL Communities – External based on community councils Within the financial year Impart conflict 09 resolution skills to community councils through training R 20 000 x 09 = 180 000 R 580 000

RESEARCH AND POLICY DEVELOPMENT PROJECT MANAGER : MR MATHEW GOPANE MEASURABLE OBJECTIVE ACTIVITY OUTPUT 1. To protect and promote the institution of male initiation schools in South Africa. 2. To develop a communitybased/model guidelines for spiritual/cultural and religious access and practice in Sacred sites. a) Printing of the report on Report with ‘Public hearings on male initiation legislative and policy schools in South Africa’ recommendations to address problems of male initiation in South Africa b) Official launch of the report Report with Commissioning of research legislative and policy projects (case studies) /documentaries/ on Sacred sites recommendations to address – partnership with South African problems of access and practice in Sacred sites Local Government Association PERFORMANCE INDICATOR TARGET COMMUNITY PROVINCE 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 National leadership, Initiation practitioners, National Dept. of Health. Youth Agencies, Dept. Traditional Affairs, Dept of Education, SAPS, Dept of Social Development SAHRA, NHC, SALGA, institution of Traditional Leaders etc. TIME FRAME BUDGET August 2010 R 200, 000 R 500 000 March 2011 (SALGA) and Wits University. SUB TOTAL R 700, 000. 00 PROJECT MANAGER : MR BRIAN MAKEKETA a) Printing of the report on Report with Official handover of the report to the affected recommendations to address stakeholders, and supporting the problems pertaining to implementation of the African Ritual of Animal recommendations. Slaughter’ Official release/launch of the report Report with recommendations Official release/launch of the to influence the national policy report Report with recommendations to influence the national policy 1. To promote and protect the Rights ‘Guidelines Report on the African legislative and policy 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 Ritual of Animal Slaughter’ b) Official launch of the report Seminar/ Dialogues 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 National August 2010 National September 2009 Northern, Eastern and Western March 2010 Cape SUB TOTAL R 200 000 R 50 000 R 400 000. PROJECT MANAGER : MS TIRHANI MABASA 1. To promote and protect the Linguistic Rights of Communities in South Africa 1. Promotion of language equality in the media 1. Preservation of socio-linguistic heritage a) Printing of the report on ‘Rights to language and rights of a language: The status of linguistic rights among Basotho speaking communities in Nqutu. Kwazulu-Natal’ b) Official launch of the report Dialogue Desktop research and documentation 1 x 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, e. TV, National Community Radio Forum and MDDA Researchers; Arts and Culture. Heritage Section; National language Bodies; Historians National KZN National November 2010 (Budget dependant) August 2010 September 2010 R 200, 000 R 50, 000 R 200, 000 R 100, 000 SUB TOTAL R 550 000 GRAND TOTAL R 1 650 000

PUBLIC EDUCATION AND ADVOCACY MEASURABLE OBJECTIVE ACTIVITY OUTPUT 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 9 road-shows recognition of the 9 workshops values and 2 national seminars impact of the cultural, religious and linguistic diversity c-r-l communities All nine Women, youth and Provinces Civil Service and the Disabled Recovery of diminishing and diminished heritage c-r-l communities especially and including youth, Civil Service Nine Provinces Throughout the Year Men, Woman, Youth and the Disabled Nine Provinces Throughout the Year Diminished and Diminishing heritage of C-R-L communities Gender in Culture, Religion and Language TOTAL BUDGET Communities Enhance Gender supported in awareness in crl respect of matters gender awareness on cr-l matters PERFORMANCE TARGET INDICATOR COMMUNITY PROVINCE TIME FRAME BUDGET Throughout the year R 900 000 R 720 000 R 600 000 R 2 220 000

COMMUNITY ENGAGEMENT Measurable Objectives Establishment of CRL Community structures, and community Councils Activity Output/come Performance Indicator Engage listed Adequate profile 10 community organizations in each for recognition councils in all province i. e. for recognition as community three provinces -Enlist new CRL councils and 40 community organizations councils of councils in all -organize provincial elders three provinces councils of elders 50 community councils in all three provinces 3 councils of elders Target Communities Provincial cultural, religious and linguistic communities provincially Province Time frame Budget April/June July/September October/December January/March R 50, 000 x 3 = R 150, 000 Gauteng Western Cape Free State North West Northern Cape Eastern Cape Limpopo Mpumalanga Kwazulu Natal Free State Western Cape Kwazulu Natal Capacity building Facilitate CRL community council’s training. Capacitated 1 after every six members of months CRL community councils Community 2 provinces with more councils (2 recognized CRL provinces with organizations more recognized CRL organizations) September 2010 March 2011 Hosting of the National Consultative Conference and Mini Conferences Informed CRL organizations CRL Community councils and organizations July/September October/December January 2011 February 2011 Grand Total Conduct information sharing mini conferences on NCC 2011. National Consultative Conference 9 mini conferences 4 mini Conferences 4 Mini conferences 1 Mini Conference 1 NCC (Western Cape, Gauteng, Free State, Limpopo) (Kwazulu Natal, Mpumalanga, Eastern Cape, Northern Cape) North West National R 100, 000 x 4 = R 400, 000 R 100, 000 R 8, 000 R 9, 500, 000

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 a. Kwa-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.

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.

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 - 5000 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.

PERFORMANCE OF THE COMMISSION DURING THE 2009/10 FINANCIAL YEAR CONTINUES � Community � (a Engagement -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

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

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 21, 617, 000. 00 22, 914, 000. 00 24, 060, 000. 00 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 7, 230, 000. 00 6, 255, 000. 00 6, 577, 000. 00 550, 000. 00 600, 000. 00 650, 000. 00 60, 364, 000. 00 56, 839, 000. 00 59, 589, 000. 00 -38, 747, 000. 00 -33, 925, 000. 00 -35, 529, 000. 00 Expenses Other operating expenses Depreciation Total Expences

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 20, 250, 000. 00 20, 250 000. 00 21, 401, 000. 00 22, 685, 000. 00 23, 819, 000. 00 Actual Expenditure as at 31 March 2010 Allocation 2010/2011 Allocation 2011/2012 Allocation 2012/2013 Total Audit Fees 1, 155, 458. 25 1, 028, 046. 87 660, 000. 00 900, 000. 00 715, 000. 00 950, 000. 00 749, 000. 00 1, 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 16, 046. 95 - - - 366, 348. 99 - - - 22, 685, 000. 00 23, 819, 000. 00 Transfers from government entities Total Revenue Expenses Item Administrative Expenses Total Capital Equipment Total Depreciation Total Expenditure 20, 354, 105. 87 21, 401, 000. 00

PROPOSED STAFF ESTABLISHMENT Department Total posts Part Time Appointments Commissioners 17 15 Investigation and Conflict Resolution 9 Research and Policy Development Posts Filled on the Establishment Vacant Funded Posts on Establishment Unfunded Posts on Establishment 2 0 0 0 3 0 6 9 0 4 1 4 Public Education and Advocacy 5 0 2 1 2 Community Engagement 5 0 2 1 2 Administration 43 0 18 2 23 Provincial Offices 45 0 0 0 45 Total 133 15 31 5 82

COMPARISON WITH SISTER ORGANIZATIONS IN RESPECT OF FUNDING Constitutional Institution 2006/2007 M 2007/2008 M 2008/2009 M 2009/2010 M 2010/201 1 M 2011/201 2 M 2012/201 3 M 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 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) % increment year on year SAHRC CGE CRLC ( Overall Increment for the Period)

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 21 617 000. 00 to R 21 401 000. 00 for the 2010/11 financial year. � The CRL Rights Commission applied for additional funding during the 2009/10 financial year, which was declined by Co. GTA. As a result expenditure to the value of R 1, 5 m was rolled over to the 2010/11 financial year. �

NOTES TO THE BUDGET CONTINUE � The postponed payments of R 1. 5 m 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.

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 21 401 000. 00 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 �

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.

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