PRESENTATION PPC: Arts and Culture 16 August 2016 Dr RRM Monareng Modimo wa Nko dtša Meedtsi

1. PRESENTATION PPC: Arts and Culture16 August 2016Dr RRM MonarengModimowaNkodtšaMeedtsi

2. PRELUDE Multilingualism is to the Pan South African Language Board, South Africa and rest of the world a sine qua non. Our institutional mandate is to give traction to this fact of life whose linchpin is pedigreed by legendary the Tower of Babel. This is a quest that is much more than sheer linguistic right. It is fundamentally a cognitive and knowledge right matter. We crafted our five year term to reclaim the PanSALBLanguage mandate in principle and expression. The 2015/16 stratagem was to survey and plot the tenets and essentials meant to give effect to the reclamation. That has been done. It is incumbent upon me that I briefly give a pointer to this fact.

3. ANTIDOTAL HIGHLIGHTS • We successfully constructed a five year Strategic Plan and its associate 2016/17 Annual Performance Plan. Principled on Colin Chapman’s dictum of “adding lightness” we added a “carbon core” to the two documents in that they are lean, mean and functional. They are current and futuristic. • The design process was a mark of the collective intelligence of PanSALB’s staff and management. This is very much their territory. The greatest sense of purpose, luxury and refinement are experienced by the driver through the seat of his/her pants. The mainstay is an earnest feeling of ownership by all, within and beyond PanSALB.

4. Continuation… • The Strategic Plan was sent for tabling in May 2016. It received commendable reviews from the Chairpersons and Board of Directors of all PanSALB structures (National Language Bodies, Provincial Language Committees and National Lexicography Units). It has also been discussed and well received in public media. • We appointed the Executive Head Languages: A consummate scholar with publications ranging from Language Policy, Multilingualism to Language Research. He holds DLitt et Phil, MBA and Certificate in Law. • We appointed the Chief Financial Officer: Experienced as CFO, BComdegree, Certificate in Financial Management, current studying for MBL.

5. Continuation… • The Auditor General South Africa (AGSA) has passed disclaimer opinion on our institution for the past three years in succession. The 2015/16 AGSA’s audit opinion is no longer a disclaimer but a qualification. This is a mark of progression and a solid springboard for a better 2016/17 audit opinion. • The staff morale, performance and co-existence have improved considerably. The institution is moving towards normality. • The institutional public visibility is laudable. We are on public media on language matters: multilingual language policy at higher education; language right; equitability of language use; and are called for advice on our core business. Our voice of authority is on ascension. This pace shall increase as complexity manifests.

6. Continuation… • Reclaim mandate in principle and execution.

7. Aligning Change Levers • Where are we now? • • Desired future state? • • Which levers do we need to push? • • How much do we need to push them?

8. Ambition (What we aspire to be) Change Levers Strategy (The direction we take our business) Structure (The roles and relationships) Brand (How we are seen in the marketplace) Ruthless Prioritizing Culture (The way we work together _norms of behavior) Talent (The people and their capabilities)

9. LEADERSHIP CONCENTRIC/ COAXAL STRUCTURE Strategic Development Co-ordination • COPERATE SERVICE • Comm. & Promo • HR • ICT • Language • Language Development and Use • Equitability of Language Use • Linguistic Human Right • Language Research • Language Promotion Strategic Performance Measurement LEADERSHIP • FINANCE • FM Acc. • SCM LEADERSHIP Strategic Performance Reporting

10. Business Model MONITORING AND EVALUATION LINGUISTIC HUMAN RIGHTS PROMOTION Research PROMOTION MONITORING AND EVALUATION LINGUISTIC HUMAN RIGHTS Language User Use PROMOTION • Development PROMOTION MONITORING AND EVALUATION LINGUISTIC HUMAN RIGHTS PROMOTION PROMOTION

11. PanSALB Mandatory Delivery Organs • PanSALB Management and staff • National Lexicography Units (NLUs); • Provincial Language Committees (PLCs); and • National Language Boards (NLBs).

12. 2015/20 STRATEGIC PLAN PROGRAMMES • Language Use, Development and Equitability • Administration and Institutional Support

13. Language Use, Development and Equitability • Language development and use which focuses on the activities of the NLUs, NLBs and PLCs. • Equitability of language use which focuses on placing previously marginalised indigenous languages in public and private institutions • Linguistic human rights which focuses on the investigation of linguistic rights violations and reporting on the status of language rights • Language Research which focuses on the conducting of relevant research into language related issues in collaboration with reputable research institutions or person(s). • Multilingual Language Promotion

14. Administration and Institutional Support • Finance and Supply Chain Management Services • Human Resource Management • Marketing and Communication and Information Technology Services • Institutional Performance and Governance Services (Strategic Planning, Monitoring and Evaluation and Risk Management)

15. CHIEF EXECUTIVE OFFICE Institutional Performance and Governance: Monitoring, Evaluation, Risk & Strategy LANGUAGE EXECUTIVE OFFICE CHIEF FINANCIAL OFFICE CEO Office Management Finance & Supply Chain Management Marketing Communications & IT Language Research Language Promotion Language Development & Use Equitability of Language Use Linguistics Human Right Human Resources

16. CHIEF EXECUTIVE OFFICER Chief of Staff Senior Manager: Institutional Performance and Governance EXECUTIVE HEAD LANGUAGES CHIEF FINANCIAL OFFICER Senior Language Managers: Languages Division (12) Senior Manager Finance & SCM 1Senior Manager: HR Senior Manager: MCIT & Aux Services • 1. OUTSOURCED: Internal Audit and Legal Services • 2. TOTAL NUMBER OF SENIOR MANAGEMENT STAFF: 20. • 3 X Executives • 17 X Senior Managers. • 67 Current Staff Compliment

17. THE BOARD OF PANSALB • Dissolution of the Board. • Appointment of NHC. • Withdrawal of Appointment of NHC. • Appointment of the PanSALB Board?

18. GOVERNANCE AND FINANCIAL FISSURES • PanSALB: A Constitutional Institution • Financial consequences of CCMA ruling and settlement with employees • Financial consequences of the establishment and transference of National Lexicography Units • Contents and recommendations as per the Minister’s letter dated 05.08.2011 • Impact of legal matters settled and still outstanding

19. THE GENESIS OF THE INSTITUTIONAL INSTABILITY The genesis of the current financial woes and the concomitant operational instability are chiefly attributed to the following, among others: • Unfortunate misreading of the essence of PanSALB as a constitutional Institutional. • The establishment of the National Lexicography Units and their transference to PanSALB through the amended PanSALB Act of 1999 without the provision of the financial resources since their inception. • The bloated institutional structure that resulted in the imprudent appointments of staff beyond the fiscal capability of the institution in 2012. • The dismissal of these 49 staff without following due process in 2014. • Impact of legal matters (settled and outstanding).

20. THE ESSENCE OF PANSALB AS A CONTITUTIONAL INSTITUTION CLARIFIED DAC, through its legal division, requested legal opinion with regards to its position with PANSALB. The fulcrum of the opinion requested was three fold (page 3 of the letter).  It seeks to establish: • Whether PanSALB is a Constitutional Institution for purposes of listing in terms of the PFMA. • If not, should it be listed as a Public Entity and • If it is, should PanSALB Act be amended? The answers to each of the questions are captured on pages 2, 3 and 4 of the State Law Advisor response. In brief: • The answer to question 1  is in affirmative and subsequently mutes question 2; • The answer to question 3 is negative. • Parliament should have “oversight responsibility” with regards to constitutional Institutions.

21. THE TENETS OF ITS CONSTITUTIONALITY • PanSALB Act, Section 4: An independent organ of state only subject to the constitution and this Act [and accountable to Parliament]. • Constitution Section 181: Constitutional Institutions: These institutions are accountable to the national assembly and must report on their activity and the performance of their function to the assembly. • PMFA Schedule 1: Constitutional Institutions: Public Protector, CRL, GC, IEC, ICASA, FFC, Commission on the Remuneration of Persons Holding Public Office, PanSALB, Municipality Demarcation Board. • Constitution Schedule 6 Section 20: PanSALB is among the ISDs reporting to the National Speaker’s Office (No. h/8th on the list).

22. Continuation… • PFMA Schedule 2: Constitutional Institutions do oversight role on behalf of the Parliament on all government department and organs state. These Institutions are accountable to the national assembly and they must report on their activities and performance of functions to the assembly. • PFMA schedule 2 (a): The Head of a department must be the accounting officer of the department; (b) the Chief Executive Officer of a constitution is the accounting officer of the that institution. • PFMA Section 40 (e): Accounting Officer submits to Parliament the institution’s report and financial statement and the Auditor General’s report statement.

23. FINANCIAL REQUIREMENT FOR THE FULFILLMENT OF MANDATE Note: • PanSALB requires R167,000m for projects to fulfill its mandate as per APP against the actual allocation 2016/17 of R91,967m • This excludes an estimated R33,477 849 m required to resolve all outstanding litigation cases.

24. SUMMARY OF PANSALB’S LITIGATION Note: • The litigation cases excludes legal fees for PanSALB legal representation • The amounts settled have been paid from the operational budget

25. THE IMPACT OF THE NLUs, UNFUNDED FINANCIAL SUPPORTON PanSALB • Each of the NLUs was directly given R 100 000.00 by treasury to establish themselves individually as Section 21 company so that each generates income and stands on its own as a profitable company whose sustenance shall, beyond the year of inception, depend on the performance of each within the defined business realm (Dictionary Development). Consequently, no further funding was provided beyond the first year of the inception. • Likewise no institution, including PanSALB, was provided with monetary capital to sponsor the financial requirement of each of the units. No income was generated by the units at the end of the financial year of their inception. The prospect of receiving further funds from treasury was muted by their income generating status as Section 21 companies.

26. Continuation… • Despite not being provided with funds, PanSALB was compelled to carry the financial responsibility of the units. In desperation and hoping that funding would be advanced for this responsibility it has been compelled to divert a substantial amount of money originally and officially budgeted for the PLCs and NLBs resulting in accrual of deficit since 2001 hitherto. • The annual increase of this “borrowed” allocation to NLUs, incrementally gnaws to extinction, the financial capacity of PLCs (Provincial Language Committees) and NLBs (National Language Bodies) to carry their mandated responsibilities. This means a chronic annual minimization of the performance and role of these two structures and PanSALB as a whole. • In their wisdom, both the Review Committee on Chapter 9 Institutions and the Minister of Finance in the letter to President (2003) recommendation that, “Lexicography Units at PanSALB be moved to DAC”, but these Units are still made to be a financial responsibility of PanSALB.

27. 15 YEAR ALLOCATION/EXPENDITURE TREND

28. GOING UNDER • PanSALB is Technically Insolvent • Request for Financial Assistance and Advice has been made: • PPC Meeting/DAC • PPCChairperson and DAC (ADG) • OISD • Minister of Arts and Culture. • Treasury.

29. CODA We are earnestly reclaiming our mandate and would appreciate support from parliament: • The SA constitution, PFMA and the PanSALB Act aver PanSALB as a constitutional Institution. The establishment of OISD upholds this stance. I request this committee and IOSD to reaffirm this point in principle and expression to Governmental Departments so as to put to flight the existing misconception/misreading that treat PanSALB otherwise. This is imperative as it shall maintain PanSALB’s integrity, credence and confluence in executing its constitutional mandate independently. We too are reasserting this stance in the meantime. • We request urgent financial intervention. We further request that the recommendation made by both the Finance Minister (2011) and the Review Committee wrt the transference of NLU be acted upon to alleviate PanSALB’s state of being technically insolvent. • Review of the PanSALB Act to align it with PFMA and the constitution.

30. Continuation… I thank the South African Language Users for their patience and goodwill throughout the past seven years of PanSALB’s lull, ineptness and sheer abandonment of the language mandate the constitution entrusted us with. I consequently, and in unison with the rest of the PanSALB team, pronounce our deepest regret and humbly request your kind acceptance of our apology. We shall get it right. This is our sincere undertaking. A re šomeng!

31. Nobody ever got muscles watching me work out... Arnold Schwarzenegger (1947-)

32. A re šomeng! Thobela! Kanimambo! Enkosi! Thank you!