BRIEFING OF
THE PORTFOLIO COMMITTEE RESPONSIBLE FOR ARTS AND CULTURE ON LEGISLATIVE PROGRAMME 2007 ON 21 AUGUST 2007
INTRODUCTION
1.
The Director: Legal Services (D/LS) is engaged in the ongoing process of
auditing and revising all the legislation administered by the Department.
2.
The audit and revision is done in consultation with the line function
divisions through intensive workshops incorporating affected institutions.
3.
This audit and revision also runs concurrently with the overall revision
initiated by the South African Law Commission focused at the identification of
legislation which is still non-operational and the repeal of outdated
legislation or obsolete provisions in legislation.
GENERAL ‘CULTURAL LAWS AMENDMENT BILL’
4.
The D/LS has identified numerous essential and urgent technical
amendments to the legislation administered by the Department. These amendments will address aligning the
Department’s legislation with the Public Finance Management Act, 1999; Promotion
of Administrative Justice Act, 2000; and the Promotion of Access to Information
Act, 2000. It will also address
inconsistencies in the appointment and remuneration of the Councils of our
institutions.
5.
Many of the lacunae identified have led to inconsistencies in the
administration of the legislation. By
revising all our legislation with a General Laws Amendment it expedites the
legislative process and promotes legal certainty in the applicability and
enforcement of our legislation.
POLICY REVIEW PROCESS
6.
In light of the ongoing Overall Policy Review process and the Heritage
legislative review, D/LS has deemed it prudent to amend the 2007 legislative
programme by withdrawing the first four items thereon and substituting it with
an amended programme. E-mail
correspondence has already been sent to Mr Segwagwe, in the office of the
Leader of Government Business.
SOUTH AFRICAN GEOGRAPHICAL NAMES COUNCIL ACT
7.1 Amendments to the South African
Geographical Names Act have been drafted.
The appellants in the
LEGAL DEPOSIT AMENDMENT BILL
7.2 The Legal Deposit Committee has
deliberated on and recommended amendments to the Legal Deposit Amendment
Act. However, the implications of the
Copyright Act have necessitated further discussions on possible synergies to be
developed between the Legal Deposit Act and the Copyright Act. Judge Zac Jacoob, a Constitutional Court
Judge, who is blind, has been be approached to head the investigation into the
revision of Copyright protection, trends and international norms and creating
possible exceptions to current Copyright protection to assist the sight
impaired.
NATIONAL ARTS COUNCIL AMENDMENT BILL
7.3 The previous National Arts Council has reviewed
its policies and the Directorate: Legal Services is supporting them with legal
advice. As a new Council has been
appointed, it is necessary that the new Council be afforded the opportunity to
engage on policy issues in line with their strategic plan.
SOUTH AFRICAN LANGUAGE PROFESSIONS COUNCIL BILL
7.4 The Language Professions Council Bill is
intended to align the Bill with best practice in other professional regulatory bodies.
The Bill proposes the establishment of a
Council to accredit language professionals in translation and interpretation to
ensure service excellence.
_________________________
HEAD: LEGAL SERVICES
DEPARTMENT OF ARTS AND CULTURE
21 AUGUST 2007