crl rights commission
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CRL Rights Commission. - PowerPoint PPT PresentationTRANSCRIPT
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 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.
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.
Vision
To promote and protect the rights of cultural, religious and linguistic communities
A united south African nation that protects and promotes the CRL Rights of all its diverse communities.
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.
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 8 000 x 20 = R160 000
*Mediation Concerned parties/communities (Complainant & Respondent)
Internally/Externally
Within 90 days Reconciliation &Acknowledgement clause
10 - 15 cases R 8 000 x 15 = R120 000
*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
Internally Within the financial year
Co-operation and collaboration with relevant institutions as per section 6 of the Act
Once off consultative workshop/seminar
R 120 000
Training CRL Communities – based on community councils
External Within the financial year
Impart conflict resolution skills to community councils through training
09 R 20 000 x 09 = 180 000
Total R580 000
PROJECT MANAGER : MR MATHEW GOPANE
MEASURABLEOBJECTIVE
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 withlegislative and policy recommendations to address problems of male initiation in South AfricaReport withlegislative 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 National August 2010
March 2011
R200,000R500 000
SUB TOTAL R700,000.00
PROJECT MANAGER : MR BRIAN MAKEKETA
1.To promote and protect the Rights OF Cultural and Religious Communities in South Africa2. Image restoration of the Rastafarian religion3.Imagerestoration 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 reportSeminar/ Dialogues
Seminar/ Dialogues
Report withlegislative and policy recommendations to address problems pertaining to African Ritual of Animal Slaughter’
Report with recommendations to influence the national policyReport 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 Official release/launch of the report
Institutions of Traditional leadership, Dept. Traditional Affairs Traditional Healers Associations , South African Local Government Association (SALGA)Rastafarian communityAcademics Dept. of Police Services, Justice, labour, other religious faiths, etc. Nama and Khoi-San communities , academics and other affected stakeholders
National
National Northern, Eastern and Western Cape
August 2010
September 2009March 2010
R200 000R50 000R50 000
SUB TOTAL R400 000.
PROJECT MANAGER : MS TIRHANI MABASA
1. To promote and protect the Linguistic Rights of Communities in South Africa1. Promotion of language equality in the media1. 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 reportDialogueDesktop research and documentation1x Authentication
Report with legislative and policy recommendation to address problems of language rights.Report with recommendations to influence editorial policiesMultilingual 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 MDDAResearchers; Arts and Culture-Heritage Section; National language Bodies; Historians
National KZNNationalNational
November 2010(Budget dependant) August 2010September 2010
R200,000R50,000R200,000R100,000
SUB TOTAL R550 000
GRAND TOTAL R1 650 000
MEASURABLEOBJECTIVE
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 900 000R 720 000R 600 000
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
Nine Provinces Throughout the Year
TOTAL BUDGET R 2 220 000
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 provinces40 community councils in all three provinces 50 community councils in all three provinces3 councils of elders
Provincial cultural, religious and linguistic communitiesprovincially
Gauteng Western Cape Free State North West Northern Cape Eastern Cape Limpopo Mpumalanga Kwazulu Natal Free State Western Cape Kwazulu Natal
April/JuneJuly/SeptemberOctober/DecemberJanuary/March
R50,000 x 3 = R150,000R50,000 x 3 =R150, 000R50,000 x 3 =R150, 000R50,000 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 2010March 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 conferences4 mini Conferences4 Mini conferences1 Mini Conference1 NCC
CRL Community councils and organizations
(Western Cape, Gauteng, Free State, Limpopo)
(Kwazulu Natal, Mpumalanga, Eastern Cape, Northern Cape)
North WestNational
July/SeptemberOctober/DecemberJanuary 2011February 2011
R100,000 x 4 = R400,000R 100,000 x 4 = R400,000R 100,000R 8,000,000
Grand Total R9,500,000
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.
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.
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.
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
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
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
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
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 20,250 000.00 21,401,000.00 22,685,000.00 23,819,000.00
Expenses Item Actual Expenditure as at
31 March 2010 Allocation 2010/2011 Allocation 2011/2012 Allocation 2012/2013
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 21,401,000.00 22,685,000.00 23,819,000.00
Department Total posts
Part Time Appointments
Posts Filled on the Establishment
Vacant Funded Posts on Establishment
Unfunded Posts on Establishment
Commissioners
17 15 2 0 0
Investigation and Conflict Resolution
9 0 3 0 6
Research and Policy Development
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
Constitutional Institution
2006/2007M
2007/2008M
2008/2009M
2009/2010M
2010/2011M
2011/2012M
2012/2013M
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 yearSAHRCCGECRLC( Overall Increment for the Period)
6.11.92
5.36.54.6
9.52.90.3
3.42.81.1
9.43.31.3
6 (39.7)2.7 (20.1)1.1 (10.4)
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 CoGTA. As a result expenditure to the value of R 1,5 m was rolled over to the 2010/11 financial year.
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.
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 circumstances prevail.
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.
Questions?