S Shiceka: Inauguration of Commission for Promotion and Protection of
Cultural, Religious and Linguistic Communities

23 February 2009

Chairperson of the Commission for Promotion and Protection of the Rights of
Cultural, Religious and Linguistic Communities, Rev Madonda Wesley Mabuza
Deputy Chairperson of the commission Ms Julia Helen Mabale
Commissioners
Former chairperson of the commission, Dr Mongezi Guma
Former deputy chairperson of the commission, Ms Marlene Bethlehem
Former Commissioners
Members of the selection panel for the Cultural, Religious and Linguistic (CRL)
commission
Traditional leaders present
Our leaders and members of parliament
Our religious leaders, senior government officials and other leaders of our
state institutions
Distinguished guests
Ladies and gentlemen

I must thank you for honouring our invitation and affording me this
opportunity to address this august occasion of the inauguration of the second
term of the Cultural, Religious and Linguistic (CRL) Rights Commission.

I must say I have a deep appreciation for your interest to serve the nation
and government in its commitment to recover identities of our divergent
communities through the promotion and protection of the rights of cultural,
religious and linguistic communities.

Let me start by expressing an even deeper gratitude and appreciating for the
sterling work done by commissioners of the first term of the commission, under
the leadership of Dr. Guma, and Ms Bethlehem, to encourage the people of South
Africa to value and respect their cultural, religious and linguistic
diversity.

Today inasmuch as we are celebrating and welcoming brand new commissioners,
it is also a day that I would like to bid farewell to the former commissioners.
You have run the race, and have gracefully handed over the baton. Let me
therefore take this opportunity to wish all of you well in your future
endeavours. Indeed, the occasion calls for a round of applause to the first
commission for the good foundation laid and ground work done since the
inception of the commission in 2004. Well done and thank you.

Let me also take this opportunity to thank the selection panel under the
leadership of Dr Mathole Motshekga of the Kara Heritage Trust, for the sterling
work done over such a short period of time. The selection panel short listed 30
candidates out of 99 nominations received, on the very first day they met. They
further conducted interviews with 27 out of 30 short listed candidates; and all
this was done on a public holiday 16 December 2008, the Day of Reconciliation
and they produced a comprehensive report on the following day. The report was
duly submitted to my office.

It is testimony to the quality of work undertaken by the selection panel
that today I am able to welcome the new members of the commission under the
leadership of the Chairperson, Rev. Mabuza and the Deputy Chairperson, Ms
Mabale.

Honourable commissioners, at this juncture I would like to extend my humble
apology for missing the swearing in ceremony on 30 January in the
Constitutional Court under Justice T Skweyiya.

Ladies and gentlemen, I would like to emphasize the importance of upholding
the Constitution and founding Act of the Commission. As you are aware, the
commissioners are appointed in terms of sections 9, 10, and 11 of Act 19 of
2002 which establishes the commission for the protection and promotion of the
rights of cultural, religious and linguistic communities (or normally referred
to as the CRL Rights Commission).

As a collective membership of the commission, you have an important role to
play in policy formulation. Your contribution in this regard includes:

- bringing wider general or special experience into board discussions
- ensuring that the Commission develops measurable objectives in line with its
mandate
- ensuring adequate safeguarding of the interest of the commission where these
may conflict with personal interest of any one in and outside of the
commission
- ensuring that adequate resources are available to the Commission for the
achievement of its objectives.

Whilst the State President appoints the members of the commission in terms
of the Act, the Minister for Provincial and Local Government as a member of the
executive is formally designated to deal with the affairs of the CRL Rights
Commission. The commission accounts to Parliament by tabling its report and
accounting on how the budget has been spent annually. This exercise is
currently done through the portfolio committee on provincial and local
government.

Since the establishment of the CRL Rights Commission in 2004 and during the
first term of the commission, a number of issues which needed special attention
within the CRL Commission and other Chapter 9 institutions and bodies were
identified.

Firstly, within the commission itself, roles and responsibilities between
the commissioners and the administration of the commission should be clarified.
Similarly to roles and responsibilities between the chairperson and the members
of the commission, there has to be clarity from the start. This is not supposed
to be a matter for negotiation in order to reach a consensus, because the Act
clearly prescribes the role of the commissioners.

Part time members of the commission are expected to perform their fiduciary
duties as expected of a Board member. They will attend special and scheduled
meetings of the Board/Commission as per the chairperson’s invitation.
Furthermore, they will perform any other duties as delegated by the
chairperson, committee or the Board.

They will receive compensation for their contribution to the commission in
terms of section 14 (1) of the Act. As individual members of the Board, they
are accountable to the chairperson and as a collective or as “the Board”; they
are accountable to the National Assembly in accordance with the Constitution of
the Republic of South Africa, 1996.

I trust that the induction of new members which will take place after lunch
today and the strategic planning workshop set to take place in the next two
days will clarify these roles and responsibilities.

Secondly, on the interaction of the CRL commission with other government
structures like Parliament and the Department of Provincial and Local
Government, let me hasten to mention that on 21 September 2006 the National
Assembly adopted a resolution to establish an ad hoc committee to review all
Chapter 9 institutions and provide the Public Service Commission (PSC) with
clear terms of reference.

The review was conducted and the report outlining a number of findings was
submitted to the National Assembly in July 2007. The report indicated that,
except for the Auditor-General, all chapter nine institutions expressed
dissatisfaction with the lack of opportunities for meaningful engagement with
Parliament. They said their interaction with Parliament was restricted to an
annual meeting of a maximum of between two to three hours with portfolio
committees.

The Committee expressed a concern that Parliament was not fully utilising
the institutions to exercise oversight of the executive and to represent public
opinion or interest on issues. The committee further recommended that the
National Assembly establishes a Unit for all Chapter nine institutions and
bodies.

On 21 November 2008, the National Assembly adopted a resolution for the
establishment of the Unit on Chapter 9 Institutions to be located in the
speaker’s office. The speaker has delegated the function to the office of the
deputy speaker and it is planned to start operating from 1 April 2009.

The Unit is aimed at enhancing more meaningful engagement and communication
between Chapter 9 institutions and Parliament, the premier institution of the
country. The Unit, under the leadership of the deputy speaker, will deal with
constitutional obligations of the National Assembly with regards to Chapter 9
institutions and bodies, while the executive authority over the affairs of the
commission rests with the Minister for Provincial and Local Government.

The Deputy Speaker has already started writing to the chairpersons of the
Chapter nine institutions, to engage institutions and to brief them about her
office’ efforts to give effect to the resolution of the National Assembly. Much
work has already been done and more still needs to be done.

Before going into detail, let me mention that while the Act provides for
three sets of primary objectives of the commission, it also sets out powers and
functions which are aimed at enabling the commission to achieve its goals.

The commission needs to put in place systems and processes that clearly
outline how it plans to meet its objectives. It must start by looking closely
at its founding Act, the constitution and the findings of the ad hoc committee
on the review of Chapter 9 and associated institutions, and objectively follow
the actions taken by the National Assembly in that regard.

Equally important is that the commission must resolve the confusion on roles
between the commissioners and the secretariat because, in actual sense, the
commissioners should begin to realise and use their powers in sorting out the
problem.

Furthermore, the commission must strive towards visibility in the
communities that it should be serving by conducting extensive promotional work
to establish a good public profile, especially during the National Consultative
Conference and media campaigns. Not enough work has been done in that regard as
the number of complaints attest to that fact.

The commission must forge good working relations with other stakeholders and
partners such as other Chapter 9 institutions, e.g. South African Human Rights
Commission. It must be able to provide a set of criteria to recognise community
councils. The criteria must be outlined for the investigation of complaints
from the public.

The commission must not only be seen, but must be heard as well. You will
need to use your power to review legislation impacting on cultural, religious
and linguistic communities. Bear in mind and take note of the fact that no
legislative amendments have been made as a result of the adoption of the
committee report by the National Assembly. Also, not all recommendations of the
committee report have been effected yet, as some are long term resolutions.

On this note, let me again welcome you, ladies and gentlemen and thank you
for availing your good selves in carrying out this mammoth task which is
critical for the strengthening and preservation of our democracy. I look
forward to the commission’s effective contribution to the building of our
developing nation.

I thank you.

Issued by: Department of Provincial and Local Government
23 February 2009