M Tshabalala-Msimang: Announcement of formation of National Youth
Development Agency

Statement by the Minister in The Presidency Dr Manto
Tshabalala-Msimang at a press conference to announce processes in place for the
formation of the National Youth Development Agency, Union Buildings

20 January 2009

At the 52nd National Conference of the Mandating Party, it was resolved that
government should set up a National Youth Development Agency (NDYA) that will
ensure seamless integration, sustainability and responsiveness to the demands
and aspirations of South Africa’s youth is established through the merger of
the National Youth Commission and Umsobomvu. This should be effected during the
course of 2008.

The conference also resolved as per the ANC National Governing Council's
(NGC) adoption of the Integrated Youth Development Strategy, that this be made
government policy to be implemented by the National Youth Development
Agency.

During 2008, both Houses of Parliament passed the National Youth Development
Agency Bill which on 23 December 2008 was assented to by the President of the
Republic. The National Youth Development Act No. 54 of 2008 has been published
in the Government Gazette No. 31780 (Notice No. 13) of 8 January 2009.

The signing of the NDYA Act is significant to the extent that it provides a
legal framework for the establishment of the National Youth Development Agency.
To that end, Parliament will soon be facilitating the appointment of Board
Members through a transparent public participation process. Government looks
forward to having qualified and committed South Africans serve on this
Board.

Reporting to The Presidency, the National Youth Development Agency is being
created – and will be formally launched by the new administration in June this
year – with a view to:

* consolidate the work of the National Youth Commission and Umsobomvu Youth
Fund
* maximise and accelerate high-impact new and existing youth development
programmes
* strengthen implementation capacity (youth development machinery) especially
at provincial and local levels
* sustain youth development as a national priority led at the nerve centre of
government – The Presidency
* sustain public confidence in government and the Mandating Party’s commitment
to delivering young people from unemployment.

The National Youth Development Agency does not seek to:

* displace existing initiatives
* marginalise and outsource youth development to poorly capacitated and
resourced agencies
* spend resources on low-priority low-impact interventions

What is different about the NYDA Act

* This is among very rare pieces of legislation that received unanimous
support in Parliament – even from the opposition benches
* The Act closes gaps in implementation of youth development in that government
will be more accountable on its efforts to alleviate youth unemployment
* The Act specifies the functions of the National Youth Development Agency thus
focusing the work of the organisation – experience shows that where roles of
Agencies are not specified and guided by legislation, these organisations tend
to stray thus affecting service delivery

Where to from here

The NYDA Act has transitional provisions that allow government to finalise
all outstanding legal and logistical arrangements necessary to successfully
merge Umsobomvu Youth Fund and the National Youth Commissions. These include
finalisation of the Due Diligence by February and the asset and liabilities
transfer strategy by April. This means that the Agency will be Successor in
Law, and all contracts entered into by the NYC and the UYF will remain valid
when the merger takes place. The latter arrangement is necessary to the extent
that service delivery is not interrupted and for the protection of public
assets in the form of monies loaned by the UYF to various business
entities.

Also, we are profiling the CEO position and carefully managing labour issues
so that by the time the Board is in place, it can consider recommendations and
take decisions. We wish to reassure the employees of the two organisations that
their jobs are safe subject to the provisions of Sections 24 and 197 of the
Labour Relations Act. For example, the NYDA will comply with all the collective
agreements entered into between and that are binding on the employees and the
old employer. The transfer of employees into the NYDA is not expected to
interrupt the affected employees’ continuity of employment and their contracts
of employment will continue in the NYDA as if they were still part of the NYC
and the UYF.

Whilst these and other technical processes towards the merger unfold within
Government, Parliament is about to initiate a process to advertise for,
interview and recommend Board Members. We are confident this will be finalised
in the current term of government.

As far as the Provincial Youth Commissions are concerned, Government is
liaising with the provinces where the responsibility of repealing Provincial
Youth Commission Acts resides. These structures will be integrated into the
NYDA gradually in order to mitigate the unintended negative effects prevalent
in big bang approaches.

With regards to the Integrated Youth Development Strategy (the IYDS),
Government has aligned this with the draft National Youth Policy which has been
Gazetted for public comment. It is expected that this draft National Youth
Policy would be finalised and adopted before the end of March this year. The
IYDS is being elaborated and annexed into the draft National Youth Policy with
the aim of setting specific targets and milestones for programmes to be
implemented by the National Youth Development Agency as well as the mainstream
Government Departments. The private sector is also expected to support certain
aspects of the IYDS as provided for in the National Youth Development Agency
Act and the draft National Youth Policy.

To conclude, I would like to emphasise that no disruptions in the operations
of the NYC and UYF are expected since the two will continue to operate until
the date of the integration.

Thank you.

Enquiries:
Charity Bhengu
Cell: 083 679 7424

Issued by: The Presidency
20 January 2008

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