portfolio committee of arts and culture pansalb presentation 06 th november 2013 1

PORTFOLIO COMMITTEE OF ARTS AND CULTURE

PanSALB PRESENTATION

06TH NOVEMBER 2013

1

OUTLINE1. Introduction

2. Overview

3. Organisational Performance Information (Annual Report 2012/2013)

SO 1

SO 2

SO 3

SO 4

SO 5

4. Key Achievements

5. Human Resources Management

Adv. Feni Matter

6. Auditor General Findings

7. Conclusion

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1. INTRODUCTION

• In terms of the Pan South African Language Board (PanSALB) Act No. 59 of 1995 as amended, the organisation is

mandated to:

a) make recommendations with regard to any proposed or existing legislation, practice or policy dealing directly or indirectly with language matters at

any level of government, and with regard to any proposed amendments to or the repeal or replacement of such legislation, practice or policy;

b) make recommendations to organs of state at all levels of government where it considers such action advisable for the adoption of measures aimed

at the promotion of multilingualism within the framework of the Constitution;

c) actively promote an awareness of multilingualism as a national resource;

d) actively promote the development of the previously marginalized languages;

e) initiate studies and research aimed at promoting and creating conditions for the development and use of (i) all the official languages of South Africa,

(ii) the Khoe and San languages and (iii) South African Sign Language;

f) promote and ensure respect for all other languages commonly used by communities in South Africa;

g) advise on the coordination of language planning in South Africa;

h) facilitate cooperation with language planning agencies outside South Africa;

i) establish provincial language committees and national language bodies to advise it on any language matter affecting a province or a specific

language; and

j) Establish national lexicography units to operate as companies limited by guarantee under section 21 of the Companies Act (No. 61 of 1973), and to

allocate funds to the units for the fulfilment of their functions.

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2. OVERVIEW

• This report seeks to present the status on the implementation of the 2012/2013 Turnaround strategy of PanSALB which was

adopted in August 2012 after extensive consultation with internal structures, staff members and stakeholders.

• The 2012/2013 Turnaround Strategy was also presented with costing to the Portfolio Committee on Arts & Culture and they

undertook to fund it.

• 2012/2013 fiscal year was a period in which we had to meet ever-increasing needs of the turnaround strategy with very limited

resources. Despite the unfavourable audit outcome, this fiscal year has proven to be an optimistic and exciting year. This is

due to the proper planning and vigorous implementation of the programmes adopted through the turnaround strategy and the

support we received from other structures and the collaboration with some of the provincial departments of Arts and Culture.

• This report will focus on highlighting achievements and on-going challenges the current leadership continues to experience

despite the visible achievements made to date.

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3. ORGANISATIONAL PERFORMANCE

37%

30%

33%

9 months overall performance

Achieved

Partially Achieved

Not Achieved

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Strategic Objective No. 1 Performance Information

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Partially Achieved

No Output 2012/2013 Target Challenges Remedial Action

1 Compliant to Governance and management structure

Co-ordinated oversight structure established

PanSALB is awaiting finalisation of the appointment of the Board.

The PC is requested to speed up the process on appointing the Board

2 Approved Policies Compliance with internal audit recommendations and opinion

Lack of human resources Capacitate where necessary

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SO 1 - Non PerformancePartially Achieved

Not Achieved

No Output 2012/2013 Target Challenges Remedial Action

1 Stable financial environment

+ 5 % PanSALB envisaged expenditure of over R4 million in the 2012/2013 financial year, due to the implementation of the TA strategy which was not funded.

The Revenue Generation unit was established in April 2013. Proposals have been sent to donors for funding. Promotion on language products were effected to create sales.

2 Compliance to governance imperatives

Unqualified audit opinion

Only finance policies were and approved and subsequently reviewed by Internal Audit.

The Board, Audit & Risk as well as the ICT committee were not appointed.

The Audit & Risk Committee was appointed in 15th March 2013.

3 Functional Revenue Generation Unit

Approved Revenue Strategy

Personnel was not yet appointed Personnel has been appointed and the Revenue Generation Strategy has been approved.

2 % funds raised Personnel was not yet appointed The Revenue Generation model was conceptualised and launched in April 2013 with the appointment of fundraising agencies. 8

SO 1 - Non PerformanceNot Achieved

Strategic Objective No. 2Performance Information

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SO 2 - Non Performance

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Partially Achieved

No Outputs Annual Target2012/2013

Challenges Remedial Action

1 Risk Management Services

100 % achievement of risk mitigation plan

There is an approved risk mitigation plan. However, not all the mitigation initiatives were achieved due to lack of resources.

The function is outsourced to internal audit

2 Annual Plan of action for languages operations

100 % achieved The plan could not be achieved largely due to staff shortages, restructuring to improve efficiency, and unavailability of funds. Lack of capacity and limited funding to appoint relevant staff

Appointment of skilled personnel.

Not Achieved

No Outputs Annual Targets2012/2013


1 Revised governance structures (PLCs, NLBs & NLUs)

Internal audit opinion on revised PLCs/NLBs and NLUs structures

Lack of revised of the Norms & Rules and Articles of Association needed to be completed before the structures could be revised due to limited personnel and funding to conduct consultation meetings needed to inform the revision of the documents. The APP & the TA was concluded in the mid-year

A revision of the Norms & Rules is underway. We have undertaken an audit to review performance , functions and funding of NLUs. The audit outcome still underway.

2 Language Framework Approved Languages Framework

The languages framework was not developed due to limited human and financial resources

Human resource capacitation of the languages unit. The languages framework workshop was conducted in September 2013 to develop and subsequently be implemented.

Approved language audit report

No specialised skills to provide technical support The skills audit report was concluded after the reporting date

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SO 2 - Non Performance

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Not Achieved

No Outputs Targets2012/2013


1 Revised governance structures (PLCs, NLBs & NLUs)

Internal audit opinion on revised PLCs/NLBs and NLUs structures

Lack of revised of the Norms & Rules and articles of Association needed to be completed before the structures could be revised due to limited personnel and funding to conduct consultation meetings needed to inform the revision of the documents. The APP & the TA was concluded in the middle of the year

A revision of the Norms & Rules is underway. We have Undertaken an audit to review placement functions and funding of NLUs and the audit outcome still underway.

2 Language Framework Approved Languages Framework

The languages framework was not developed due to limited human and financial resources

Human resource capacitation of the languages unit. The languages framework workshop was conducted in September 2013 to develop and subsequently implement.

Approved language skills audit report

No specialized skills to provide technical support

The skills audit report was concluded after the reporting date


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SO 3 Non Performance

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Partially Achieved

No Outputs 2012/2013 Targets Challenges Remedial Action

1 Functional Linguistic Human Rights Services

An established Linguistic Human Rights unit

The unit was established by year-end, however the appointment of the Tribunal members was delayed due to the requirements by DAC in the selection of Tribunal members.

The Linguistic Human Rights unit has been established

2 Functional M & E unit Functional M & E unit The M &E personnel was not appointed.

The M & E unit has been established

3 Appointment of key staff 90 % populated structure The structure is 76 % populated The structure has been + 84 % populated

Not Achieved


1 Research in languages Approved research partners The M & E personnel was not appointed

The M & E, Research unit has been established

Strategic Objective No. 4 Non Performance Information

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SO 4 Non Performance

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Partially Achieved


1 Staff training 100% approved training plan

Not all PanSALB staff have been trained as per the approved schedule, only 36 % was trained in the 2012/2013 financial year due to lack of funds to implement training.

In-house mentorship programmes are developed and implemented.

Not Achieved


1 Performance Management System (PMS)

Positive opinion from internal audit compliance

Resistance Performance contracts were drawn up at the end of the 4th quarter after all the workshops have been conducted. PMS was implemented after induction of both the TA strategy and the PMS. The Labour Forum was established to create conducive environment to resolve labour related issues.


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4. KEY ACHIEVEMENTS

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Key Achievements

• Implementation of the 2012/2013 Turnaround Strategy

• Establishment of the Chairpersons Forums

• Revival and engagement of PanSALB structures (PLCs, NLBs & NLUs)

• Launch Dr Neville Alexander Language Scholarship (Gauteng & W Cape)

• International Mother Tongue Day (Celebrated in all provinces)

• Launch of the Linguistic Tribunal

• International Translation Day (Celebrated in all provinces)

• Deaf Awareness Week (celebrated in all provinces)

• Revival of the Book Clubs

• Grade 12 language Awards

• Staff morale is on the increase

• Stakeholder Engagement

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5. HUMAN RESOURCES STATUS

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Staff Compliment and Demographicsv/s

African White Asian Coloured Total Gender

58 1 0 0 59 F

44 0 0 0 44 M

Total 103

Permanent Staff

Grand Total 106

Age Range No. of Staff

20 - 30 12

31 - 40 53

41 - 50 26

51 - 54 6

55 - above 9

Total 106

Age Profile: PanSALB

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Staff Demographics

The above graph reflects Q.1 staff demographics for PanSALB. Percentages on the graph are described as follows: Top Management=Male-5%:Female-6%, Senior Management=Male-36%:Female-11%, Professionally qualified and experienced specialist in mid management=Male-33%:Female-13%, Skilled technical and academically qualified workers, junior management, supervisors, foremen and superintendents=Male-18%:Female-13%, Semi-skilled and discretionary decision making=Male-5%:Female-30%, Unskilled and defined decision making=Male-3%:Female-21%, Contract Staff=Male-0%:Female-4%, Persons with Disabilities=Male-0%:Female-2%, and Interns=Male-0%:Female-0%.

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Staff Turnover

Total Number of Staff Turnover = 5, which is equalls to 3.33% of the Staff ComplimentBreakdown is as follows:

Type of Employment TerminationNumber of Employees

% of Staff Compliment

Contract Ended 3 3 %Medical Boarding 1 0.83%Resignation 1 0.83%

Total 5 4.16%

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Staff LevelMale Female Male Female Male Female Male Female Male Female

Top Management 0 0 0 0 0 0 1 0 1 0Senior Management 0 0 0 0 0 0 0 0 1 0Professionally qualified & experienced specialists in mid-management 0 0 0 0 0 0 0 1 0 1Skillled technical & academically qualified workers, junior management & supervisors 0 0 0 0 0 0 0 0 0 0Semi-skilled and descretionary decision making 0 0 0 0 0 0 0 0 0 0Unskilled and defined decision making 0 0 0 0 0 0 0 0 0 0

Contract Staff 0 0 0 0 0 0 0 2 0 2Persons with Disabilities 0 2 0 0 0 0 0 0 0 2Interns 0 0 0 0 0 0 0 0 0 0Total 2 5

Coloured Indian White African Total

Performance Information

As per the approved Structure :

•Total number of ALL posts is 120.

•Total number of posts that have been filled is 106, that constitutes 88.33% of Staff Compliment.

•Total number of vacant posts is 14, that constitutes 11.67% vacancy rate

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Structuring Principles

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Update on Adv. Feni matter

Background

•Advocate Feni was employed in June 2008 and subsequently suspended on 13 th May 2010 and 08th June 2010. The fights between Feni and PanSALB emanates from his dismissal.

Reinstatement

•In complying with the CCMA award and Labour Court order, PanSALB was required to retrospectively re-instate Advocate Feni on the same terms and conditions that governed his employment relationship before his dismissal.

•Upon the reinstatement of Adv. Feni, an induction program was conducted with him in order to assist him to familiarise himself with the changes the organization has undergone and also to familiarise himself with roles

and responsibilities of his position and clarifying the reporting lines. The organization arranged a counseling program for him however he refused to attend such program.

•Since he has been reinstated he’s been making unreasonable demands through emails and declared different disputes at CCMA (wherein demands compensation). Mysteriously obtained a Labour Court -Writ of Execution to freeze our bank account and demanding that the bank make payment towards the Sheriff’s trust account.

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Update on Adv. Feni … cont.

Back pay and Salaries

•By October 1 2013 when he reported for duty he had been back paid for the months of June, July and August2013.A lump sum as per the award and court order of R1,044,461.64 after tax was paid to him on 02 October 2013 less provident fund and salaries paid to him in April 2011 to October 2011.

•As a full time employee of PanSALB, therefore his salary was subjected to a contribution towards a provident fund scheme. This is in line with PanSALB regulation s6, wherein states that “ A person appointed as a member of staff after 30 November 2001 shall belong to a pension fund or a provident fund scheme registered in terms of the Pension Funds Act, 1956 (Act No. 24 of 1956), and administered by the Board”.

•A deduction of R375, 000 that was made to his salary as a result of the salary already paid to him between the periods of April 2011 to October 2011 (7 months) as per the Northern High Court order as part of his salary. With regard to the R375, 000 it is deducted because it will constitute a double payment towards your salary and as such will be deemed an audit query from our side. Chapter 8 of the PFMA s66 (4) it further says that “constitutional institutions and provincial public entities not in subsection (3) (d) may not borrow money, nor issue a guarantee, indemnity or security, nor enter into any other transaction that binds or may bind the institution or entity to any future financial commitment”.

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Status Quo to date on Adv. Feni

Since 01st October 2013 he has queried his reinstatement terms;

Obtained Writ to Execution with a wrong case number to freeze the organizations bank account;

He has demanded to be compensated for the trauma, humiliation and embarrassment which the organization subjected him to;(to date this matter sits at the CCMA)

He has demanded PanSALB to reverse the deductions made from the monies already paid to him as per court order, and threatened to approach the Labour Court, which he did

He demanded his salary be aligned to that of colleagues who received salary increases which were effected prior to the CCEO’s appointment

He interferes with staff morale (clear tensions still exist and he does not greet certain staff members who have tried to engage him)

Threatened his fellow colleague

He served the Caretaker CEO with a Labour Court Order

He referred dispute to CCMA challenging the restructuring process27

STRUCTURE PRESENTATION

SEPTEMBER 2013

Table of Contents

1. Value Chain

2. Structure Presentation

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PanSALB Value Chain

Research Develop Use

Monitoring and Evaluation PROMOTION

Language Rights

Customer

30

Governance Structure

31

Executive Structure

32

Management Structure

33

Office of the CEO

34

Languages Services Structure

35

Provincial Operations Structure

36

Policy, Regulations, Linguistic Human Rights, M&E Services Structure

37

Finance Structure

38

Corporate Services Structure

39

Corporate Services Structure - HRM

40

Corporate Services Structure - ICT

41

Corporate Services Structure – Promotions & Communications

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Corporate Services Structure – Security & Facilities

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6. AUDITOR GENERAL FINDINGS

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Table of Contents

1.Budget v/s Expenditure YTD

2.Current Funding Challenges

3.Management’s response to Auditor Generals Findings

4.Remedial Strategy

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Economic Classification

Total allocationR 78, 180,000.00

Expenditure Variation 45,059,644.05 33,120,355.95

Description Budget Expenditure Funds remaining

Compensation of employees

39,848,500.00 24,775,017.90 15,073,482.10

Transfers and Subsidies

15,819,074.04 8,076,988.95 7,742,085.09

Goods and Services

22,512,425.96 12,207,637.20 10,304,788.76

Budget v/s Expenditure report as at 30 September 2013

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Current Funding Challenge

Expenditure per Economic Classification

Overall percentage spent 58%.

Accrued Total Funding required Expenditure

Total Funding required

Description Percentage Spent

Funds Remaining

Commitments till year end

Variance

58% 33,120,235.00 47,284,626.15 (15,587,759.00)

Compensation of employees + NLU Transfers

59% 22,815,567.19 35,076,988.95 (12,261,421.76)

Goods and Services 54% 10,304,788.76 12,207,637.20 (3,326,337.24)

PROGRESS IN ADDRESSING ISSUES RAISED BY THE OFFICE OF THE

AUDITOR GENERAL 2012/13 AUDIT

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Outline

• Objective

• Background

• Audit Report Matters

• Action Plan Overview

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Objective

To update the Portfolio Committee on Arts and Culture on progress to date regarding issues raised by the Office of Auditor General in their 2012/13 audit report.

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Background

• Upon completion of the audit and receipt of the AG’s final audit report an action plan was developed to address matters raised.

• The action plan has been monitored and updated on a monthly basis by the CFO and will be verified by the Internal Audits.

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Action Plan Overview

• PanSALBs had a total of fifty-four (54) audit findings on the final audit report.

• Office of the CFO implemented a monitoring tool wherein all progress can be reported and monitored on monthly basis.

• To date forty (40) out of fifty-four (54) have been fully addressed (100% complete).

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Action Plan Overview Cont.,

• The remaining fourteen (requiring long-medium term solutions) range between 60% complete and 80% complete.

• 60% completion on the monitoring tool means: Task Progressing well

• 80% completion means Task Virtually Complete.

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Remedial Strategies

• Established a Compliance unit.

• Functional Monitoring and Evaluations unit.

• Revised Performance Information Policy.

• Established an Organizational performance review task team (budget review)

• Revised and implemented policies (internal controls)

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7. CONCLUSION

• Despite the achievements mentioned above, PanSALB had some challenges in achieving more. The most significant had been underfunding which resulted in over spending of R4.2million. The underfunding resulted in capacity challenges within PanSALB, including its structures.

• In light of the work done and achievements attained, we are convinced that the 2012/2013 financial year has yielded reasonable and all our efforts are focused on improving on this record in 2013/2014. The organisation is looking forward to the exciting implementation of the following projects :

– Colloquium – Academic debate

– Provincial Language Indaba

– Verification and authentication of various language products

– Development and standardisation of terminology

– Awareness advocacy programmes

– Community outreach programmes

– Establishment of book clubs

– Story telling programme on all media platforms

– Dr Neville Alexander Language Scholarship

– Reconstituting the 4 Provincial Language committees together with the MECs of Arts & Culture

• PanSALB has been tasked with a constitutional mandate that is not adequately funded and therefore seek intervention of the Portfolio Committee on Arts and Culture.

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Thank You

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portfolio committee of arts and culture pansalb presentation 06 th november 2013 1

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