Cultural Laws Second Amendment Bill; PANSALB Nominations

Meeting report

ARTS, CULTURE, SCIENCE AND TECHNOLOGY PORTFOLIO COMMITTEE
10 October 2000
CULTURAL LAWS SECOND AMENDMENT BILL; PANSALB NOMINATIONS

Acting chairperson: Mr B Martins

Relevant Documents:
Cultural Laws Second Amendment Bill [B46-20]

SUMMARY
The Department of Arts, Culture, Science and Technology read proposed amendments to the Cultural Laws Second Amendment Bill. There was a heated debate over whether the entire Council or just a delegation would be asked to appear before the relevant parliamentary committee in the proposed Annual Report clause of each of the councils dealt with in the Bill.

The process to nominate members to the Pan South African Language Board has been set in motion with the Committee giving its approval for an advert to be published. The ad hoc committee for the purpose of inviting nominations for the Pan South African Language Board was finalised.


MINUTES
Advocate Beukes from the Department pointed out the following proposed amendments to the Cultural Laws Second Amendment Bill:

Heraldry Act 18 of 1962
S1 Definitions:
"representation" would be changed to "representations" in the definition of "differencing"
"'family coat of arms' means any coat of arms borne by a natural person"
'Minister' means Minister [of National Education] responsible for heraldry
Definition of 'municipal' means of or belonging to a municipality contemplated in chapter 7 of the Constitution

S6 Heraldry Council and Heraldry Committee:
(6) A member of a Council must vacate the office if the member
resigns in writing
has been absent from three consecutive meetings of the Council without its leave
is an unrehabilitated insolvent
is found to be of unsound mind by a competent court
is convicted of an offence involving dishonesty or bodily harm and is sentenced to imprisonment without the option of a fine; or
materially breaches the code of ethics of the institution
on recommendation of a majority of Council
(7) The Minister may dissolve the Council
on grounds of mismanagement; or
on any other reasonable grounds

S24 Annual Report:
(2)The Minister shall table a copy of such report in Parliament within fourteen days after the receipt thereof if Parliament is then sitting or if Parliament is not then sitting, within fourteen days after the commencement of its next ensuring sitting of Parliament.
(3) The Council shall, on request of the Portfolio Committee responsible for heraldry appear before the Committee to answer questions on the report referred to in subsection (2)

Pan South African Language Board Act 59 of 1995
S5 Composition of the Board
(1)(a) The Minister, after having followed the procedure provided for in subsection (3), shall appoint (i) no fewer than 11 and no more than 15 persons as members of the Board who are as representative as possible of the official languages as well as language skills, including and not limited to, interpreting, translation, terminology and lexicography, language and literacy teaching and language planning;
(2)(c)when viewed collectively be broadly representative of the diversity of the users of the official languages;
(2)(e) have language skills, which may include skills in interpreting, translation, terminology and lexicography, literacy teaching and language planning or have financial and legal expertise with special knowledge of language legislation
(4)(c) when such a person has been absent from more than two consecutive meetings of the Board without the Board's leave; or (d) on recommendation of a majority of the boardmembers
(5A) The Minister may dissolve the Board: (a) on grounds of mismanagement; or (b) on any other reasonable grounds.

S12 Reports
(4) The Council shall, on request of the Portfolio Committee responsible for language, appear before the Committee to answer questions on the report referred to in subsection (3).

S13 remuneration and allowances of members of Board
(1) A member of the Board or of any Committee thereof may, from monies appropriated by parliament for such purpose, be paid such allowances and be reimbursed for such expenses incurred for services performed by him or her as such a member, as the Board may determine subject to subsection (2).
(2) The Minister, with the occurrence of the Minister of finance, must determine the criteria for payment of allowances and reimbursement of the expenses contemplated in subsection (1).

National Archives of South Africa Act 43 of 1996
S3 Objects and functions of National Archives
(i) generally promote the preservation and use of a national archival heritage; and
(j) annually submit a business plan to the Minister

S4 The National Archivist Staff
(1) is removed
(b) The national Archivist shall manage the national Archives under the direction of the Director General: Arts, Culture, Science and Technology

S6 Establishment, Constitution and Functions of National Archives Commission
(4)(a) advise the Minister and the Director-General: Arts, Culture, science and technology on any matter related to the operation of this Act
(8) is removed and replaced by (8) (a) A member of a Council who is not in the full-time employment of the state, may receive out of the funds of that Council in respect of his or her functions as member the allowances that the Minister in consultation with the Minister of finance determines, subject to paragraph (b).
(8)(b) the Minister, with the concurrence of the Minister of Finance, must determine criteria for payment of allowances and reimbursement of expenses contemplated in paragraph (a)

National Arts Council Act 56 of 1997
S4 Composition of Council, Tenure of Office and Filling of Vacancies
(1) Subject to section 20 (1) (a), the Council shall consist of nine provincial representatives and no fewer than nine and no more than 18 other persons
(4) shall be replaced with, (4) (a) The Minister shall appoint a chairperson from among the members who are not provincial representatives; and (b) the members of the Council shall elect a vice-chairperson from among all the members.
(6) (a) subject to paragraph (b) a member of the Council shall hold office for a period not exceeding four years and shall be eligible for reappointment after a further four years have elapsed
(6) (b) At the end of the member's term of office, three members who are not provincial representatives, one of whom shall be an executive Committee member, shall be re-elected by the Council to serve for a further four years, after which they shall not be eligible for reappointment until a further four years have elapsed.
(6) (c) A provincial representative may at any time before the expiry of his or her term of office be replaced by another representative elected as contemplated in subsection (2) but no individual representative shall hold office for a term exceeding four years.

S5 Qualification of members of Council and circumstances under which they vacate office
(3)(e) resigns by written notice addressed to the chairperson of the Council
(4) On receipt of a notice contemplated in subsection # (e) the chairperson shall inform the Minister accordingly
(5) The Minister may dissolve the Council: (a) on grounds of mismanagement; or (b) on any other reasonable grounds

S6 Functions of Council
(2) (f) annually submit a business programme to the Minister for approval

S9 Executive Committee
(1) (a) which shall consist of the Chairperson, vice-chairperson and such other members of the Council as the Council may determine, but which shall not exceed 5 members of the Council's total membership at the time; and

S11 Advisory panels
(7) A member of an advisory panel shall hold office for a period not exceeding three years and may be appointed on the same or a different panel after a further three years have elapsed

S17 Audit, annual and tenure report
(4) The Council shall, on request of the Portfolio Committee responsible for arts, appear before the Committee to answer question on the report referred to in subsection (3).

National Film and Video Foundation Act 73 of 1997
S4 Functions of foundation
(2)(I) annually submit a business plan to the Minister for approval
(3)(a) The foundation shall not itself establish, acquire or operate any organisation or institution connected with the film and video industry, but the Council may, subject to the approval of the Minister and the Minister of trade and Industry, establish a separate legal entity for purposes of investing film and video projects in accordance with the objects of this Act.
(3)(b) the foundation may initiate such projects which it considers necessary in pursuit of its objects, provided that such projects are undertaken in partnership with existing organisations or institutions.

S6 Establishment and composition of Council, tenure of office and filling of vacancies
(10) the Minister may dissolve the Council: (a) on grounds of mismangament; or (b) on any other reasonable grounds

S9 Executive Committee
(1) The Council shall establish an executive Committee- (a) which shall consist of the chairperson, vice-Chairperson and no more than four other members of the Council as determined by the Council;

S17 Audit, Annual and Financial Report
(4) the Council shall, on request of the Portfolio Committee responsible for Film, appear before the Committee to answer questions on the report referred to in subsection (3).

Geographical Names Council Act 118 of 1998
S4 Term of Office
(8) the Minister may dissolve the Council: (a) on grounds of mismanagement; or (b) on any other reasonable grounds

S8 Allowance of members of Council and subCommittees
(a) A member of a Council and any subCommittee who is not in the full-time employment of the state, may receive out of the funds of that Council in respect of his or her functions as member the allowances that the Minister in consultation with the minister of Finance determines, subject to paragraph (b).
(b) the Minister, with the concurrence of the Minister of Finance, must determine the criteria for payment of allowances and reimbursement of expenses contemplated in paragraph (a)

S9 Powers and duties of Council
(k)annually submit a business plan to the minister for approval

S11 Annual Report
(3) The Council shall, on request of the Portfolio Committee responsible for culture appear before the Committee to answer questions on the report referred to in subsection (2).

Memorandum on the Objects of the Bill
In (8) Bodies consulted:
"All Declared Cultural Institutions" to be replaced by "Pan South African Language Board, National Archivists, National Arts Council, National Film and Video Foundation and Geographical Names Council".

Discussion
A lengthy discussion ensued between Ms Van Wyk (NNP) and Mr Cassim (IFP) over whether the word "Council" or "delegation of the Council" should be used in the following proposed amendment dealing with the Annual Report of the :
Heraldry Council, Pan South African Language Board, National Archives of South Africa, National Arts Council National Film and Video Foundation and Geographical Names Council:
"The Council shall, on request of the Portfolio Committee responsible for (culture/ arts/language) appear before the Committee to answer questions on the report".

Mr Cassim stated that it would be unnecessary for the entire Council to be brought before the Committee and the costs of such an exercise would be prohibitive. He was adamant that a "delegation" of the Council be brought before the Committee.

Ms Van Wyk was insistent that the entire Council should be brought before the Committee and that the word "Council" be used in the clause to ensure that even dissenting views be brought before the Committee and not be marginalised by a delegation.

Mr Cassim suggested the following clause be added to avert the problem that Ms Van Wyk had proposed :
"Provided that where there is no consensus on the report a member who dissents from the Council shall also be included in the Council"

Mr Van Wyk proceeded to argue that "Council" should be used for the sake of consistency.

Mr Cassim stated that if Ms Van Wyk's caucus agrees and if the Minister of Finance has no problems with bringing the entire Council before the Committee, he would withdraw his statement.

The Chairperson stated that this was not a multiparty caucus and that Mr Cassim was not "making things any easier".

Ms Motubatse(ANC) stated that the report the Committee receives from the Council should be sufficient and only if the Committee had any problems then they would call the Council before them. In that case it was not necessary for the entire Council to be present but just those representative of the different viewpoints within the Council. She concluded that a "delegation" would suffice.

The members urged that this debate be halted and that the amendments be continued.

Ms Van Wyk expressed concerns about the same clause being placed within the Annual Report and stated that this would serve to limit the function of the Portfolio Committee. She expressed the need to call them before the Committee at anytime and felt that this should be legislated.

Mr Cassim believed that this was unnecessary since it is a constitutional right of the Committee to be able to call the Council/delegation before them at any time.

Once again the Committee members urged the Chair to proceed with the matter on the agenda.

Ms Van Wyk suggested that in future the Committee receive the submissions before the date of the meeting to allow time for perusal in order to be adequately prepared for the next meeting.

Nominations for PANSALB members for a new term of office
Dr Nonhlanhla Mkhwisi, Director of NLS, asked the Committee to give the go-ahead for the advert to be published and the nominations. The Committee agreed to this. They noted that the CVs of the relevant persons must be brought before them in future. There was also annoyance expressed at members not having a copy of the list of nominees.

The nominations for an ad hoc committee for the purpose of inviting nominations for the Pan South African Language Board were as follows:
Mr Philemon Akach
Ms Yvonne Daki
Prof A L Mawasha
Dr Elizabeth Meintjies
Prof A C Nkabinde
Dr P N Lesoetsa
Dr Varijakshi Prabhakaran
Dr Karel Prinsloo
Prof N Olivier

The meeting was adjourned.