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EXPLANATORY MEMORANDUM: SOUTH AFRICAN LANGUAGES BILL FINAL DRAFT 24 APRIL 2003


1. Introduction

The South African Languages Bill (Revised final draft 24 April 2003) proposes to regulate into statute the language provisions as contemplated in Articles 6(1), 6(2), 6(3)(a), 6(3)(b) and 6(4) of the Constitution. In terms of the aforementioned provisions, the State is obliged to provide a legislative framework within which all eleven official languages in South Africa are afforded equal treatment; the status of the previously marginalised black indigenous languages should be enhanced, and in communicating with the public, certain language norms are set for all spheres of government.

This submission is based on an amendment of the Pan South African Language Board Act 59 of 1995 as amended. Ideally, an amendment Bill would deal only with the Articles to be amended in the original Act. This procedure was not followed in this submission, the reason being that exposure to the statutory infrastructure created by Act 59/95 is of vital importance to understand the argument that:

1. the quest for legal clarity pertaining to language rights;

2. the elimination of overlapping language functions of institutions created by statute;

3. the optimalisation of financial and human resources, and

4. the recognition, implementation and furtherance of multilingualism;

logic dictates that minor amendments to the Pan South African Language Act is preferable to a separate South African Languages Bill.


The National Language Policy Framework

The National Language Policy Framework (Final Draft 13 November 2002) was approved by Cabinet and published by the Minister of Arts and Culture in December 2002. The formulation of a National Language Policy Framework was the outcome of a long and arduous consultation process which started in 1995. The policy deals extensively with the manner in which language diversity must be accommodated by the State in service delivery to the public. The policy deals specifically with working languages of record; communication with members of the public; government publications and the provision of language facilitation facilities such as translation and interpreting services.

The purpose of this submission is to merge the National Language Policy Framework and the Pan South African Language Board Act 59/1995 into one document by means of minor amendments to Act 59/95. The basic tenet underlying this reasoning is that the principle of multilingualism becomes fully entrenched in law and the National Language Policy Framework becomes the functional and operative tool to guide the letter and spirit of all the language provisions in the Constitution.


Pan South African Language Board Act No. 59 of 1996 as Amended

With due recognition of the provisions of Art 6 of the Constitution the Act establishes a Pan South African Language Board which consists of not fewer than 11 and not more than 15 members. The members’ term is 5 years and the members should be broadly representative of the official languages of South Africa. Specific provision is made in the Act to ensure the impartiality and independence of the Board. The objects of the Board are, inter alia:

“3 To promote respect for and ensure the implementation of the following principles:

    (a) (i) The creation of conditions for the development and for the promotion of the equal use and enjoyment of all the official South African languages;

    ……..

    the prevention of the use of any language for the purpose of exploitation, domination or division;

    the promotion of -

      (aa) multilingualism; and

      (bb) the provision of translation and interpreting facilities.”

The Board shall in terms of its powers and functions establish provincial language committees in all provinces to advise it on any language matter in or effecting any province and to establish a national language body to advise it on any particular language. The Board may also in the furtherance of its objects, the exercise of its powers and performance of its functions make rules and issue notices which rules and notices may be published in the Gazette and in the Provincial Gazette. It is mandatory upon the Board to submit a yearly report to Parliament and to make public its reports, findings, points of view, advice or recommendations by means of a publication in the Gazette or Provincial Gazette as the case may be on a quarterly basis.

The Act provides for research facilities for any language and makes provision for a staff complement to assist the Board in carrying out its statutory obligations.

The Pan South African Language Board Act is eminently suitable to take the National Language Policy Framework on board. There are three basic principles in the evolvement of our fledgling democracy that must co-exist in a symbiotic relationship, viz, the right of the Executive to govern, the right of the legislature to make laws and the independence of the judiciary to interpret the laws and to protect the rights enunciated in the Constitution. The infrastructure created in terms of the Act and the recognised (perceived) status of transparency and independence of the Board, and now, as proposed, its reference to the due process of law, makes it the obvious and only choice as the guardian of the language rights, not only in terms of Art 6 but as embodied in all the relevant articles pertaining to language rights, in the Constitution.

To this end we propose the following amendments (underlined and in bold type) to the Act attached hereto as Annexure “A”.

Dr Gerrit Brand. Research Associate: Taalsekretariaat.

Andre van der Walt. Chief Executive Officer: Taalsekretariaat




Annexure “A”


GENERAL EXPLANATORY NOTE:

[ ] Words in bold type in square brackets indicate omissions from existing enactments.

_ Words underlined with a solid line indicate insertions into existing enactments.

PAN SOUTH AFRICAN LANGUAGE BOARD AMENDMENT BILL


BILL

To empower the Pan South African Language Board to apply for legal remedies in the fulfilment of the Constitutional obligations in terms of Art 6 of the Constitution.


Preamble

SINCE the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), provides for the recognition of the principle of multilingualism;

AND SINCE provision is to be made for measures designed to achieve respect, adequate protection and furtherance of the official South African languages and for the advancement of those official languages which in the past did not enjoy full recognition, in order to promote the full and equal enjoyment of the official South African languages and respect for the other South African languages used for communication and religious purposes:

NOW THEREFORE BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:-


1 Definitions

In this Act, unless the context otherwise indicates -

‘acknowledged, practising language worker’ means a person with extensive experience and training in interpreting or translation or terminology or lexicography or literacy teaching or language teaching;

‘Board’ means the Pan South African Language Board established by section 2;

‘chief executive officer’ means the chief executive officer of the Board appointed in terms of section 10 (1);

‘Constitution’ means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);

[Definition of ‘Constitution’ substituted by s. 1 (a) of Act 10 of 1999.]

‘dictionary’ means the definitive product on the general vocabulary of an official South African language as produced by the unit for the language concerned;

[Definition of ‘dictionary’ inserted by s. 1 (b) of Act 10 of 1999.]

‘Director-General’ means the Director-General of the Department of the Minister;

[Definition of ‘Director-General’ inserted by s. 1 (b) of Act 10 of 1999.]

‘existing’ means also existing prior to the commencement of the Constitution or this Act, or at any other stage;

‘language planner’ means a person with training in the management of language policy matters at status and corpus planning level and extensive experience as language planner, and includes a language sociologist;

‘language sociologist’ means a person trained in the linguistic and social, political and educational aspects of the relationship between language and society;

‘Minister’ means the Minister responsible for the administration of this Act;

[Definition of ‘Minister’ inserted by s. 1 (c) of Act 10 of 1999.]

‘organ of state’ means an organ of state as defined in section 239 of the Constitution;

(b) any other functionary or institution -
(i) exercising a power or performing a function in terms of the Constitution or a provincial constitution,

[Definition of ‘organ of state’ substituted by s. 1 (d) of Act 10 of 1999.]

(c) any other functionary or institution -
exercising a power or performing a function in terms of the Constitution or a provincial constitution, or
exercising a public power or performing a public function in terms of any legislation.


‘Portfolio Committee’ means the Portfolio Committee in the National Assembly responsible for matters concerning this Act;

[Definition of ‘Portfolio Committee inserted by s. 1 (e) of Act 10 of 1999.]

‘prescribed’ means prescribed by or under this Act;

‘Provincial Gazette’, in relation to a province, means the official gazette of the province;

‘this Act’ includes the rules made under sections 7 (9) and 8 (11), and the regulations made under section 10 (7); and the National Language Policy Framework as formulated by the Minister from time to time;

[Definition of ‘this Act’ substituted by s. 1 (f) of Act 10 of 1999.]

‘unit’ means a national lexicography unit established in terms of section 8 (8) (c).

[Definition of ‘unit’ added by s. 1 (g) of Act 10 of 1999.]


2 Establishment of Board

(1) There is hereby established a board to be known as the Pan South African Language Board.

(2) The Board shall be a juristic person and shall be represented by the chairperson or deputy chairperson or any of its members designated by the Board in general or for a specific purpose.


3 Objects of Board

The Board shall have the following objects:

(a) To promote respect for and ensure the implementation of the following principles:

(i) The creation of conditions for the development and for the promotion of the equal use and enjoyment of all the official South African languages;

(ii) the extension of those rights relating to language and the status of languages which before 27 April 1994 were restricted to certain regions;

[Sub-para. (ii) amended by s. 2 (a) (ii) of Act 10 of 1999.]

iii) the prevention of the use of any language for the purposes of exploitation, domination or division;

(iv) the promotion of -

(aa) multilingualism; and

(bb) the provision of translation and interpreting facilities;

[Sub-para. (iv) substituted by s. 2 (a) (iii) of Act 10 of 1999.]

(v) the fostering of respect for languages spoken in the Republic other than the official languages, and the encouragement of their use in appropriate circumstances; and
(vi) the non-diminution of rights relating to language and the status of languages existing before 27 April 1994;

[Sub-para. (vi) amended by s. 2 (a) (iv) of Act 10 of 1999.]
[Para. (a) amended by s. 2 (a) (i) of Act 10 of 1999.]

(b) to further the development of the official South African languages;

(c) to promote respect for and the development of other languages used by communities in South Africa, and languages used for religious purposes;

(d) to promote knowledge of and respect for the provisions and principles of the Constitution relating directly or indirectly to language matters;

[Para. (d) substituted by s. 2 (b) of Act 10 of 1999.]

(e) to promote respect for multilingualism in general; and

(f) to promote the utilisation of South Africa’s language resources.


4 Independence and impartiality of Board

(1) The Board and its members and officials shall serve impartially and independently and exercise, carry out and perform their powers, duties and functions in good faith and without fear, favour, bias or prejudice, subject only to the Constitution and this Act.

[Sub-s. (1) substituted by s. 3 of Act 10 of 1999.]

(2) No organ of state and no member or employee of an organ of state or any other person shall interfere with the Board, any member thereof or a person appointed under section 10 in the exercise, carrying out or performance of its, his or her powers, duties and functions.

(3) All organs of state shall afford the Board such assistance as may reasonably be required for the protection of the Board’s independence, impartiality, dignity and effectiveness in the exercise, carrying out and performance of the Board’s powers, duties and functions.

(4) No member of the Board or member of staff of the Board shall conduct an investigation in terms of this Act or render assistance with regard thereto in respect of a matter in which he or she has any pecuniary or other interest which might preclude him or her from exercising, carrying out or performing his or her powers, duties and functions in a fair, unbiased and proper manner.

(5) If any member of the Board or any member of the staff of the Board fails to disclose an interest contemplated in subsection (4), the Board may take such steps as it deems necessary to ensure a fair, unbiased and proper investigation.


5 Composition of Board

(1) (a) The Minister, after having followed the procedure provided for in subsection (3), shall appoint as members of the Board -

[Para. (a) substituted by s. 4 (a) (i) of Act 10 of 1999.]

(i) not fewer than 11 but not more than 15 persons who, when viewed collectively, are as representative as possible of the official languages as well as language skills, including but not limited to, interpreting, translation, terminology and lexicography, language and literacy teaching and language planning;

[Sub-para. (i) substituted by s. 4 (a) (ii) of Act 10 of 1999.]

(ii) three persons who shall be language planners;

(iii) five persons who shall have special knowledge of language matters in South Africa; and

(iv) one person who shall be a legal expert with special knowledge of language legislation.

(1) (b) The chief executive officer shall be a member of the Board by virtue of his or her office and may take part in the deliberations of the Board and shall have the same rights and duties as the other members of the Board, but shall have no right to vote.

(2) The members of the Board shall -

(a) be fit and proper persons for the offices held by them;

(b) be South African citizens;

(c) be broadly representative of the diversity of the South African community; and

(d) be supportive of the principle of multilingualism.

(3) A person’s appointment as member of the Board in terms of subsection (1) (a), shall be made in accordance with the following procedure:

(a) The Minister, after consultation with the Portfolio Committee, shall appoint an ad hoc committee consisting of not fewer than nine persons, to invite the general public to nominate persons for appointment as members of the Board.

(b) The Portfolio Committee shall in a consensus-seeking manner -

(i) from the nominations forwarded to it by the ad hoc committee, compile a short list of candidates with due regard to the provisions of subsections (1) (a) and (2): Provided that no short list with more than 25 candidates shall be compiled;

(ii) interview, in a public and transparent manner, each of the candidates whose names appear on the short-list; and

(iii) compile and forward to the Minister a final short list with due regard to the provisions of subsections (1) (a) and (2): Provided that no final short list of more than 20 candidates shall be compiled.

(c) The Minister, after consultation with the Portfolio Committee, shall appoint the members of the Board from the number of the persons whose names appear on the short list mentioned in paragraph (b) (iii).

[Sub-s. (3) substituted by s. 4 (b) of Act 10 of 1999.]

(4) The Minister may terminate the membership of any person appointed in terms of this section -

(a) if he or she is satisfied that such a person no longer complies with any of the requirements of subsection (2);

(b) if such a person has requested the Minister in writing to terminate his or her appointment; or

(c) when such a person has been absent from more than two consecutive meetings of the Board without its leave.

[Sub-s. (4) substituted by s. 4 (c) of Act 10 of 1999.]

(5) A member of the Board shall be appointed for a term of five years and shall on the expiration of such term be eligible for reappointment for one further term only.

(6) If the office of a member of the Board becomes vacant before the expiration of the period for which he or she was appointed, the Minister may, subject to subsection (1) (a), appoint another person to hold office for the unexpired portion of his or her predecessor’s term of office.

[Sub-s. (6) amended by s. 4 (d) of Act 10 of 1999.]

(7) The Minister shall give notice in the Gazette of the appointment of a member of the Board and the date of his or her appointment and, in the case of a member appointed to fill a vacancy on the Board, the period for which he or she is appointed.

[Sub-s. (7) amended by s. 4 (d) of Act 10 of 1999.]


6 Chairperson and deputy chairperson

(1) The members of the Board shall at the first meeting of the Board, with the chief Justice presiding, elect one of their number to be chairperson of the Board and another one to be deputy chairperson of the Board to act as chairperson during the absence or incapacity of the chairperson.

(2) The first chairperson and the first deputy chairperson shall hold office for a term of not more than two years, after which an election shall be held annually: Provided that such chairperson and deputy chairperson shall be eligible for re-election for one further term not exceeding one year.

(3) The deputy chairperson, when acting as chairperson as contemplated in subsection (1), shall have all the powers and duties of the chairperson.

(4) The office of chairperson or deputy chairperson shall become vacant -

(a) at the expiry of the incumbent’s term of office as chairperson or deputy chairperson;

(b) when the incumbent tenders his or her resignation as chairperson or deputy chairperson in writing;

(c) when the incumbent ceases to be a member of the Board;

(d) when a resolution to that effect is passed by the Board; or

(e) when the incumbent dies or is declared mentally incapacitated by a court of law.

(5) The election of a new chairperson or deputy chairperson shall, in the case of a vacancy arising as contemplated in paragraphs (a), (b), (c), (d) and (e), be conducted by the chief executive officer.


7 Meetings and seat of Board

(1) The Board shall meet not less than four times a year on a quarterly basis.

(2) The seat of the Board shall be in Pretoria and meetings of the Board shall be held at the time and place determined by the Board and shall be presided over by the chairperson.

(3) The Board may establish such offices as it may consider necessary to enable it to exercise its powers, to carry out its duties and to perform its functions conferred on, imposed upon or assigned to it by the Constitution, this Act or any other law.

(4) The chairperson of the Board may at any time call a special meeting of the Board to be held at such time and place as he or she may determine, and shall, upon a request signed by not fewer than three members of the Board, call a special meeting thereof to be held within 30 days after the date of receipt of such request, at such time and place as he or she may determine.

(5) A simple majority of the Board appointed in terms of section 5 (1) (a) shall constitute a quorum for any meeting of the Board.

[Sub-s. (5) substituted by s. 5 of Act 10 of 1999.]

(6) The Board shall function in a manner that accommodates the consensus-seeking spirit underlying the principle of multilingualism as enshrined in the Constitution.

(7) If the Board fails to reach consensus, voting at any meeting of the Board shall take place by a show of hands, and the decision of two thirds of the members of the Board present at any duly constituted meeting thereof shall constitute a decision of the Board.

(8) No decision made by or act performed under the authority of the Board shall be invalid by reason only of an interim vacancy on the Board if such decision was made or such act was performed or authorised by a meeting of the Board convened in accordance with this section.

The Board may make rules in relation to the conduct of its meetings.


8 Powers and functions of Board

(1) The Board, in addition to any powers and functions conferred on or assigned to it by law -

(a) shall make recommendations with regard to any proposed or existing legislation, practice and 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 and policy;

(b) may request any organ of state to supply it with information on any legislative, executive or administrative measures adopted by it relating to language policy and language practice;

(c) may advise any organ of state on the implementation of any proposed or existing legislation, policy and practice dealing directly or indirectly with language matters;

(d) may monitor the observance of any advice given in terms of paragraph (c);

(e) shall 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;

(f) shall actively promote an awareness of multilingualism as a national resource;

[Para. (f) substituted by s. 6 (a) (i) of Act 10 of 1999.]

(g) shall actively promote the development of the previously marginalised languages;

[Para. (g) substituted by s. 6 (a) (ii) of Act 10 of 1999.]

(h) may in respect of equitable, wide-spread language facilitation services, issue directives on and monitor -

(i) applicable standards determined by the Board for such services; and

(ii) the rendering of such services;

(i) may investigate on its own initiative or on receipt of a written complaint, any alleged violation of a language right, language policy or language practice in terms of section 11;

(j) may, having due regard to the provisions and principles of the Constitution relating directly or indirectly to language matters in general -

(i) monitor the observance of the constitutional provisions regarding the use of language;

(ii) monitor the contents and observance of any existing and new legislation, practice and policy dealing directly or indirectly with language matters at any level of government;

(iii) assist with and monitor the formulation of programmes and policies aimed at fostering the equal use of and respect for the official languages, while taking steps to ensure that communities using those languages have the opportunity to use their respective languages in appropriate circumstances;

[Sub-para. (iii) substituted by s. 6 (a) (iii) (bb) of Act 10 of 1999.]

[Para. (j) amended by s. 6 (a) (iii) (aa) of Act 10 of 1999.]

(iv) for purposes of this subsection, in appropriate circumstances, make funds available for such a period and subject to such conditions as the Board may from time to time determine;

(k) may establish, compile and maintain databases including, but not limited to, databases of -

(i) all legislative measures (including the provisions of the Constitution) dealing with language matters; and

every policy and practice of any institution or organ of state dealing directly or indirectly with language matters.

(l) may apply to any competent Court for appropriate remedies as contemplated in Sec. 14D.

(2) The Board shall -

(a) initiate studies and research aimed at promoting and creating conditions for the development and use of -

(i) all the official languages of the Republic;

(ii) the Khoe and San languages; and

(iii) sign language;

(b) promote and ensure respect for -

(i) all other languages commonly used by communities in South Africa, including German, Greek, Gujarati, Hindi, Portuguese, Tamil, Telegu and Urdu;

(ii) Arabic, Hebrew, Sanskrit and other languages used for religious purposes in South Africa; and

(iii) the promotion of multilingualism in South Africa;

(c) initiate studies and research aimed at -

(i) the development of the previously marginalised languages of South Africa;

(ii) the non-diminution of rights relating to language and the status of languages existing as at 27 April 1994;

(iii) the promotion of multilingualism in South Africa;

(iv) the promotion of the utilisation of South Africa’s language resources; and

(v) the prevention of the use of any language for the purposes of exploitation, domination or division;

(d) advise on the co-ordination of language planning in South Africa;

(e) facilitate co-operation with language planning agencies outside South Africa; and

(f) make funds available for the purposes of this subsection for such period and subject to such conditions as the Board may from time to time determine.

[Sub-s. (2) substituted by s. 6 (b) of Act 10 of 1999.]

(3) The Board may commission any person or body of persons or institution to conduct research and prepare publications on its behalf and may for this purpose make resources available to any such person or body of persons or institution.

(4) For the purposes of this section, the Board may provide any person or body of persons with financial or other assistance.

(5) The Board may initiate or investigate legislation, policy and practice dealing directly or indirectly with language in general and the provisions of the Constitution dealing directly or indirectly with language in any sphere of government, or cause it to be investigated, and submit recommendations thereon to any legislature or organ of state.

[Sub-s. (5) substituted by s. 6 (c) of Act 10 of 1999.]

(6) The Board may summon any person to give evidence before it, or to produce any official document or such other information or object as may be necessary for the performance of the Board’s functions.

(7) If the Board deems it necessary, it may advise the Government to provide individuals or groups who are adversely affected by gross violations of language rights with financial and other support.

(8) The Board shall in the manner prescribed by the Board by notice in the Gazette and the Provincial Gazette establish -

(a) a provincial language committee in each province to advise it on any language matter in or affecting any province or any part thereof where no such provincial committee exists or where an existing provincial language committee has jurisdiction only with respect to the official languages of a particular province: Provided that if a provincial language committee exists in a particular province, and such a committee is, in the view of the Board, sufficiently representative of the languages used in the province, that committee shall be deemed to have been established in terms of this subsection for as long as it remains so representative;

(b) a national language body to advise it on any particular language, sign language or augmentative and alternative communication, in the case where no such language body exists or where an existing language body does not serve its purpose: Provided that if such a body exists, it shall be deemed to have been established in terms of this subsection; and

[Para. (b) substituted by s. 6 (d) (i) of Act 10 of 1999.]

(c) units to operate as companies limited by guarantee under section 21 of the Companies Act, 1973 (Act 61 of 1973), and shall allocate funds to the units for the fulfillment of their functions: Provided that the memorandum and articles of association of such units shall include the following principles:

(i) The unit is accountable to the Board for the moneys allocated to it.

(ii) The unit shall abide by the policies of the Board.

(iii) The unit shall adhere to the principles of promoting language development.

[Para. (c) added by s. 6 (d) (ii) of Act 10 of 1999.]

(9) The Board may authorise any of its members to act on its behalf in any matter.

(10) The Board may -

(a) appoint one or more committees consisting of one or more of its members and such other persons as it deems fit, to advise it on the exercise and performance of the Board’s powers and functions;

(b) delegate or assign to any committee such of its powers, duties and functions as it deems fit;

(c) designate a chairperson and, if it deems it necessary, a deputy chairperson for every committee; and

(d) require a report to be submitted by a committee on completion of the duties and functions assigned to it under paragraph (b).

(11) The Board may in furtherance of its objects and for the purpose of the exercise of its powers and performance of its functions -

(a) make rules and issue notices; and

(b) publish such rules and notices in the Gazette and in the Provincial Gazette.


9 Board’s relationship with organs of state, other institutions, persons and bodies of persons

(1) The Board shall strive to promote close co-operation between itself and any organ of state, person, body of persons or institution involved in the development and promotion of language.

[Sub-s. (1) substituted by s. 7 (a) of Act 10 of 1999.]

(2) The Board may consult and work closely with any person or body of persons who has special knowledge of and experience in the language problems of South Africa, or who is in any way involved in the development and promotion of language.

[Sub-s. (2) substituted by s. 7 (b) of Act 10 of 1999.]

(3) The Board, prior to making or publishing any report, findings, point of view, advice or recommendation, shall obtain the advice of -

(a) the provincial language committee concerned established under section 8 (8) (a);

(b) any organ of state in respect of a matter impacting directly or indirectly on any language, language policy or language practice followed, implemented or proposed by or in such organ of state;

(c) any language body established under section 8 (8) (b); or

(d) any person, group, language body or institution involved in or having an interest in the promotion of the official South African languages by inviting submissions by means of a notice to this effect in the Gazette and the Provincial Gazette.

(4) The committee, organ of state or language body referred to in paragraphs (a), (b) and (c) shall be compelled to give the advice requested by the Board.

(5) The Board may consult with any person, body, group or institution other than those referred to in subsection (3).


10 Performance of administrative work of Board

(1) The Board shall, at its first meeting or as soon as practicable thereafter, appoint a chief executive officer of the Board who -

(a) shall, in consultation with the Minister, appoint such staff as may reasonably be necessary to assist him or her with the work arising from or otherwise connected with the performance of the functions of the Board;

[Para. (a) substituted by s. 35 (1) of Act 47 of 1997 and by s. 8 (a) (i) of Act 10 of 1999.]

(b) shall be responsible for the management of and administrative control over the staff appointed in terms of paragraph (a), and shall for those purposes be accountable to the Board;

(c) shall be charged with the responsibility -

(i) of an accounting officer for the funds received by or accrued to the Board in terms of section 10A (1) and all payments made therefrom; and

(ii) of keeping the necessary accounting and related records in compliance with section 10B;

[Para. (c) substituted by s. 8 (a) (ii) of Act 10 of 1999.]

(d) shall exercise the powers and carry out the duties and perform the functions which the Board from time to time confers on or assigns to him or her in order to achieve the objects of the Board, and shall for those purposes be accountable to the Board.

(2) The records referred to in subsection (1) (c) (ii) shall be audited by the Auditor-General.

(3) Expenditure in connection with matters provided for in this Act shall be paid out of money appropriated by Parliament for that purpose.

(4) The chief executive officer of the Board shall be appointed on such terms and conditions and shall receive such remuneration, allowances and other service benefits as the Board may determine in accordance with the regulations made under subsection (7).

(5) The other staff of the Board shall be appointed on such terms and conditions and shall receive such remuneration, allowances and other service benefits as the chief executive officer may determine in accordance with the regulations made under subsection (7).

(6) The Board, in consultation with the Minister may, in the exercise of its powers and the performance of its functions in terms of this Act, the Constitution or any other law, in the case of specific projects enter into contracts for the purpose of obtaining the services of persons having technical or specialised knowledge of any matter relating to the functions of the Board and, with the concurrence of the Minister of Finance, determine the remuneration, including reimbursement for travelling, subsistence and other expenses, of such persons.

[Sub-s. (6) substituted by s. 35 (1) of Act 47 of 1997 and by s. 8 (b) of Act 10 of 1999.]

(7) The Minister may make regulations with regard to the following matters concerning the staff of the Board:

(a) (i) The different categories of salaries and scales of salaries
which shall apply to the different categories of staff;

(ii) the requirements for appointment, promotion, discharge and disciplinary steps;

(iii) the recognition of appropriate qualifications and experience for the purposes of appointment to a specific post;

(iv) the procedure and criteria for evaluation, and the conditions or requirements for promotion;

(b) the powers, duties, conduct, discipline, hours of attendance and leave of absence, including leave gratuity, and other conditions of service;

(c) the creation of posts on the establishment of the Board;

(d) the training of staff, including financial assistance for such training;

(e) a code of conduct to be complied with by staff;

(f) the provision of official transport;

(g) the conditions on which and the circumstances under which remuneration for overtime duty and travel, subsistence, climatic, local and other allowances may be paid;

(h) subject to section 14, the legal liability of any member of staff in respect of any act performed in terms of this Act or any other law and the legal liability emanating from the use of official transport;

(i) the circumstances under which and the conditions on and the manner in which a member of staff may be found guilty of misconduct, or to be suffering from continued ill-health, or to be incapable of carrying out his or her duties of office efficiently;

(j) the procedure for dealing with complaints and grievances of members of staff and the manner in which and time when or period wherein and person to whom documents in connection with requests and communications of such members of staff shall be submitted;

(k) the membership or conditions of membership of a particular pension fund and the contributions to and the rights, privileges and obligations of members of staff or their dependants with regard to such a pension fund;

(l) the membership or conditions of membership of a particular medical aid scheme or medical aid society and the manner in which and the conditions on which membership fees and other moneys which are payable or owing by or in respect of members of staff or their dependants to a medical aid scheme or medical aid society may be recovered from the salaries of such members of staff and paid to such medical aid scheme or medical aid society;

(m) the contribution to and the rights, privileges and obligations of members of staff or their dependants with regard to such a medical aid scheme or medical aid society;

(n) in general, any matter which is not contrary to this Act or the Constitution and which is reasonably necessary for the regulation of the terms and conditions of service of members of staff.

[Sub-s. (7) amended by s. 35 (1) of Act 47 of 1997 and by s. 8 (c) of Act 10 of 1999.]

(8) Any regulation under this section relating to State expenditure shall be made in consultation with the Minister of Finance.

(9) When making an appointment in terms of this section, the Board shall seek to ensure that the staff of the Board is broadly representative of the South African population.

[a59y1995s10A]10A Finances of Board

(1) The Board shall be financed from -

(a) moneys appropriated by Parliament for that purpose;

(b) moneys paid to the Board for products or services sold or rendered by it;

(c) donations and contributions received from any sources;

(d) interest earned on moneys invested in terms of subsection (5); and

(e) income derived from any other source in terms of this Act.

(2) (a) The Board shall utilise its funds to defray expenditure arising from
or connected with the performance of its functions in terms of this Act.

(b) The Board may utilise its funds only in accordance with a statement of its estimated income and expenditure mentioned in subsection (3), which has been approved by the Minister: Provided that the Board, subject to paragraph (a), may utilise any amount or part thereof that is required to be utilised for a particular purpose in connection with a specified matter, for any other purpose in connection with the same matter.

(c) The Board shall utilise a donation and a contribution contemplated in subsection (1) (c) in accordance with the conditions, if any, imposed by the donor or contributor concerned.

(d) The unspent moneys standing to the credit of the Board at the end of a financial year, shall be carried forward as a credit balance to the next financial year.

(3) (a) The Board shall in each financial year, at such time as the Minister may determine, submit to the Minister for approval a statement of the Board’s estimated income and expenditure for the next financial year. However, the Board may at any time during the course of a financial year concerned, submit a supplementary statement of estimated income and expenditure for that financial year to the Minister for approval.

(b) The Minister may grant such approval with the agreement of the Minister of Finance.

(c) The Board shall not incur any expenditure in excess of the total amount approved under paragraph (b).

(4) The Board may, in respect of any work completed or service rendered by it under this Act, charge such fees as it considers fit.

(5) The moneys of the Board that are not required for immediate use or as a reasonable working balance, may be invested with the Corporation for Public Deposits, established by section 2 of the Corporation for Public Deposits Act, 1984 (Act 46 of 1984).
(6) The Board may establish a reserve fund for any purpose connected with its functions under this Act which the Minister may approve, and allocate to the reserve fund such moneys as may be made available for that purpose in the statement of estimated income and expenditure (including any supplementary statement) approved under subsection (3) (b).

[S. 10A inserted by s. 9 of Act 10 of 1999.]

10B Accounting and auditing

(1) For each financial year the Board shall -

(a) have accounting records kept, in accordance with generally accepted accounting practice and procedures, of all money received by or accruing to it in terms of section 10A (1), and of all payments made from those moneys, during the financial year; and

(b) have a current record kept of its assets and liabilities.

(2) Annually, as soon as may be reasonably possible after the end of each financial year, the Board shall have financial statements prepared, consisting of -

(a) an income and expenditure statement, showing all moneys that were received by and had accrued to the Board in terms of section 10A (1) during the past financial year, and all the expenditure incurred and payments made by it, during that past year; and

(b) a balance sheet, showing the Board’s financial position and the state of its assets and liabilities as at the end of the past financial year; and

(c) a cash-flow statement for that past year.

(3) The Board’s accounting records and financial statements shall be submitted to the Auditor-General for auditing within three months after the end of each financial year.

(4) The Board shall, within 30 days after receipt of the auditor’s report, submit its audited financial statements and the auditor’s report to the Minister, who shall lay it on the table in the National Assembly within 14 days after receipt, if the National Assembly is then sitting or, if it is not sitting then, within 14 days after the beginning of its next sitting.

(5) The Board’s financial year shall run from 1 April in any year to 31 March in the following year, both days included.

[S. 10B inserted by s. 9 of Act 10 of 1999.]


11 Procedure of and mediation, conciliation or negotiation by Board

(1) Any person acting on his or her own behalf or any person, body of persons or institution acting on behalf of its members or members of a language group or any organ of state may lodge with the Board a complaint concerning any alleged violation or threatened violation of a language right, language policy or language practice.

(2) The complaint shall be in writing and shall specify -

(a) the interest of the complainant in the matter;

(b) (i) the nature of the right allegedly violated or allegedly
threatened to be violated; or

the grounds on which he or she is of the opinion that an investigation is necessary; and

(c) all relevant information known to him or her.

(3) The Board shall render the necessary assistance free of charge for the purposes of submitting a complaint and, where necessary, shall assist the complainant to comply with the requirements referred to in subsection (2).

(4) The Board -

(a) may on its own initiative and shall on receipt of a written complaint investigate the alleged violation of any language right, language policy or language practice; and

(b) may subpoena any person, body or state organ to appear before it to give evidence and produce any relevant records or documents.

[Sub-s. (4) substituted by s. 10 of Act 10 of 1999.]

(5) (a) The Board shall, after an investigation of the alleged violation in terms of subsection (4), and if it is of the view that there is substance in the allegation, by mediation or conciliation or negotiation, endeavour -

(i) to resolve and settle any dispute; or

(ii) to rectify any act or omission,

arising from or constituting a contravention or infringement of legislation or alleged contravention or infringement of legislation, language policy or language practice, or a violation of or threat, or alleged violation of or threat to any language right.

(b) If any endeavour in terms of paragraph (a) fails and provided that the Board is of the view that there are good reasons to address the matter further, the Board shall assist the complainant or other persons adversely affected to secure redress by -

(i) referral of the matter, with a recommendation, to the organ of state against which the complaint was lodged;

(ii) recommending that the organ of state against which the complaint was lodged provide the complainant with financial or other assistance with a view to redressing any damage;

(iii) providing, in its sole discretion, the complainant with financial or other assistance to redress any damage; or

(iv) making arrangements for or providing the complainant with financial or other assistance to enable him or her to obtain relief from any other organ of state or a court of law.

(6) The Board shall inform the complainant of its decisions and, in a case where the Board has decided to take no action, it shall inform the complainant of the reasons for such decision.

(7) The Board shall publish its decisions in accordance with section 12 (1).


12 Reports

(1) (a) The Board shall make public its reports, findings, points of view, advice or recommendations by means of publication in the Gazette on a quarterly basis or such other shorter period as the Board deems fit, and in the case of provincial language matters, also in the Provincial Gazette.

(b) Without detracting from section 10B and subsection (3) of this section, the Board shall -

(i) furnish to the Minister such information as he or she may at any time require in connection with any of the Board’s activities or its finances; and

(ii) submit a report on a quarterly basis to Parliament or a provincial legislature, as the case may be.

[Para. (b) substituted by s. 11 of Act 10 of 1999.]

(2) The Board’s reports shall be taken into account by Parliament, legislatures and executive bodies at all levels of government, and by all organs of state, other institutions, persons and bodies of persons.

(3) The Board shall annually not later than the first day of June submit to -

(a) Parliament a comprehensive report on all its activities during the preceding year, up to 31 March; and

(b) a provincial legislature a comprehensive report on all its activities in respect of provincial language matters regarding that province.


13 Remuneration and allowances of members of Board

A member of the Board or of any committee thereof may, from moneys appropriated by Parliament for that purpose, be paid such remuneration and allowances for services performed by him or her as such a member, as may be determined by the Minister in consultation with the Minister of Finance.

[S. 13 substituted by s. 12 of Act 10 of 1999.]


14 Liability of Board

(1) The State Liability Act, 1957 (Act 20 of 1957), shall apply mutatis mutandis in respect of the Board and any reference in the Act to the ‘Minister of the department concerned’ shall be construed as a reference to the Board.

(2) A member of the Board shall not be personally liable in respect of anything reflected in any report, finding, point of view, advice or recommendations made or expressed in good faith and submitted to Parliament or any provincial legislature or made known in terms of this Act or the Constitution.


14A Copyright in Board’s products

Copyright in the products of the Board shall vest in the State.

[S. 14A inserted by s. 13 of Act 10 of 1999.]

14B Proceeds derived from sale of products and services of Board

The proceeds derived from the sale of the Board’s products and services, shall accrue to the Board.

[S. 14B inserted by s. 13 of Act 10 of 1999.]

14C State bound by Act

This Act binds the State.

[S. 14C inserted by s. 13 of Act 10 of 1999.]

14D Remedies

Any person acting on his or her own behalf, or any person, body of persons or institution acting on behalf of its members or members of a language group or any organ of state may apply to a Court for an appropriate remedy in terms of this section.

An application may be made under subsection (1) concerning any alleged violation or threatened violation of a language right, language policy or language practice resulting from -

(a) the non-compliance or compliance with the obligations contained in this Act and in the National Language Policy Framework;

(b) the non-compliance with a recommendation, finding or decision of the Pan South African Language Board;

(3) A Court, in proceedings under this section, may grant such remedy as it considers appropriate and just in the circumstances, including -

an interim order;

a declaratory order;

an interlocutory order or interdict;

an order for the payment of any damages;

an order for the implementation of special measures to address the situation complained of;

an order requiring the respondent to undergo an audit of language policies and practices;

an order to comply with any provision of this Act, or a finding, recommendation or decision of the Pan South African Language Board;

an appropriate order of costs against any party to the proceedings.

(4) Nothing in this section derogates from any right of action a person might have other than the right of action set out in this section.

(5) In proceedings under this section relating to a complaint against an organ or institution to which this Act applies, the Court may admit as evidence information relating to any similar complaint under this Act or the Pan South African Language Board Act, 1995 (Act No. 59 of 1995), in respect of the same organ or institution.

(6) Where the Court is of the opinion that an application in terms of this section has raised an important new principle in relation to this Act, the Court may order that costs be awarded to the applicant even if the applicant has not been successful in the result.


15 Short title

This Bill shall be called the Pan South African Language Board Bill No …………

boontoe


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