Promotion/Protection of Cultural, Religious & Linguistic Communities Rights Commission Bill: delib

PROVINCIAL AND LOCAL GOVERNMENT PORTFOLIO AND SELECT COMMITTEES: JOINT SITTING
26 October 2001
COMMISSION FOR THE PROMOTION AND PROTECTION OF THE RIGHTS OF CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES BILL: DELIBERATIONS

Chairperson: Mr Y Carrim

Relevant Documents:
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill [B62-2001]

SUMMARY
The Committee continued with informal consideration of the Bill. They agreed to delay discussion on the National Consultative Conference and cultural councils until such time that the Director General would be available to participate in it.
The Committee proceeded to work their way through the rest of the Bill.
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MINUTES
Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Bill
The Committee agreed to delay discussing Part 6 (National Consultative Conference) and Part 8 (Cultural and other Councils) of the Bill. The Director General of Provincial and Local Government, Mr Zam Titus was unable to attend the meeting and the Committee wished him to be present when discussion on the aforementioned parts were to take place.

Part 7:Administrative and Financial Matters
Clause 30: Appointment of chief executive officer
The clause provides for the appointment of a chief executive officer to the Commission.
Mr P Bouwer legal adviser to the Department proposed that a provision for performance appraisal of the chief executive officer be included in the clause.
Mr B Kompela (ANC, OFS) disagreed. He felt that if other commissions do not have performance appraisal mechanisms for their chief executive officers, why should the present commission have one.
The Chairperson, Mr Carrim begged to differ with Mr Kompela. What was correct in the past does not necessarily mean that it would satisfy present needs. If performance appraisal mechanisms are needed then it should be included in the clause.
The Committee agreed.

Clause 34: Funding
The Chair asked how the Commission is funded? Is the Commission able to obtain financial assistance from funders? Mr Carrim felt that the Commission should be allowed to lobby for funding for matters such as research and education.
Mr Bouwer stated that at present funding for the Commission is only provided via the National Consultative Conference.
The Chair realised that a policy decision was needed and suggested that the Committee come back to the issue.
The Committee agreed.

Part 9: Miscellaneous Matters
Clause 39: Regulations
The Committee agreed to delay its discussion until such time that they had engaged in discussions on cultural councils and the National Consultative Conference.

Clause 40: Offences and penalties
Mr C Aucamp (Afrikaner Eenheidsbeweging) and Mr Kompela felt the penalty of one year as provided for in Clause 40(2) was inappropriate and should not be expressly stated. Limiting the sentence to one year constrains the Commission to impose heavier penalties if the need should arise.
Mr Bouwer stated that the one-year penalty is the norm for the jurisdiction of the Magistrates Court. He added that the imposition of a fine would usually amount to about R30 000.
The Chair felt that the provision was reasonable for the purposes it was intended and proposed the Committee accept it.
The Committee agreed.

The meeting was adjourned.