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African Law Commission focused at the identification of legislation which is still non-operational and the repeal of outdated legislation or obsolete provisions in legislation.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 Machado Court case have succeeded in their appeal to the Supreme Court of Appeal in Bloemfontein.  The decision of the Appeal court has implications for the current Act and may necessitate further amendments to the legislation.  The process of consultation will have to be regulated in terms of the Act and regulations in a fair and transparent manner.

 

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.

 

 

 

 

 

 

_________________________

Mr AB SINGH

HEAD: LEGAL SERVICES

DEPARTMENT OF ARTS AND CULTURE

21 AUGUST 2007