CRL Commission 2021/22 Annual Performance Plan; with Deputy Minister

This premium content has been made freely available

Cooperative Governance and Traditional Affairs

28 April 2021
Chairperson: Ms F Muthambi (ANC)
Share this page:

Meeting Summary

Video
Annual Performance Plans

The Cultural, Religious and Linguistic (CRL) Rights Commission briefed the Committee on its 2021/22 annual performance plan (APP) in a virtual meeting, and reported that it worked under unfavourable social conditions due to the Covid-19 pandemic, with the resultant lockdown and protocol that impacted negatively on its work, especially rural community involvement and participation where there was poor connectivity.

The Committee heard that the Commission's APP was comprised of five programmes. These were administration, legal services and conflict resolution, public engagement and education, research and policy development, communication, marketing and linkages. Programme 1 (Administration) touched on thematic areas like good corporate governance, sound financial management and administrative support, in line with legislation. Eight targets had been set in the APP. Programme 2 (Legal Services and Conflict Resolution) dealt with thematic areas like strengthened conflict resolution and legislative reviews to promote and protect cultural, religious and linguistic communities.

The Commission highlighted the recent research report on African traditional medicine to promote the use of traditional medicine in the fight against the Covid-19 pandemic, as well as the research that sought to explore cults from the African perspective, to deepen knowledge for educational purposes.

The Commission had conducted a review of its legal framework. The human resource (HR) policy had been updated, and the updated job profiles implemented.

The Commission had planned an information communication technology (ICT) processes review, and the registration of all South African cultural, religious and linguistic institutions and organisations.

It was also in the process of developing education material on culture, religion and language that would be used to raise awareness on community rights, but also empowered communities to be able to resolve conflict. The CRL Act would have to be amended to close identified gaps.

The Committee instructed the Commission to have a clear resource mobilisation strategy, and reminded it that in its APP for the 2019/20 financial year, it had had a draft resource mobilisation strategy in place which had to be finalised by 31 March 2021.

Members noted that the Commission’s inadequate information communication technology infrastructure impeded an effective transition to the “new normal” way of working. This had been highlighted as a serious drawback, especially in relation to the Commission’s work on rural community involvement and participation, where connectivity problems were particularly acute.

The Commission’s inadequate communications strategy and its lack of public presence and recognition also came under renewed scrutiny. Members recommended that the Commission should become omnipresent and more proactive.

It was also instructed to furnish the Committee with a report on how the District Development Model (DDM) was aligned to the work of the Commission.

Meeting report

Chairperson's opening remarks

The Chairperson instructed the Cultural, Religious and Linguistic (CRL) Rights Commission to have a clear resource mobilisation strategy, and reminded it that in its APP for the 2019/20 financial year, it had said it had a draft resource mobilisation strategy in place, which would be finalised by 31 March 2021. They were now approaching the end of April, and the Commission should be in a good position to update the Committee on the strategy.
 
She said the current APP highlighted that the Commission had lacked adequate information communication technology (ICT) infrastructure to transition effectively to the “new normal” way of working. This was a serious drawback, especially in relation to its work on rural community involvement and participation, where connectivity problems were particularly acute. The Commission needed to find creative ways of addressing this issue as a matter of urgency. She also urged the Commission to improve internal controls, particularly those related to irregular expenditure.

She stressed that the Commission remained the only entity in the Department of Cooperative Governance and Traditional Affairs (COGTA) portfolio that had not achieved a clean audit in recent years. They should therefore also look at the APP as an opportunity to address this matter and ensure that its house was in order.

CRL Commission chairperson's overview

Professor David Mosoma, Chairperson, CRL Commission, said he had taken note of what the Committee had raised in response to the Commission’s presence in communities. To this end, it had approached other Chapter 9 institutions with a view to making office space available to the Commission in their regional offices, as this would enable it to have a regional presence.

The Commission had collaborated and developed a Memorandum of Understanding (MoU) with the South African Local Government Association (SALGA).

It had explored several options regarding resource mobilisation. One of the possibilities raised centred on adverts being placed in newspapers calling on professional fundraisers to raise funds on behalf of the Commission. It would then allocate a certain percentage to these individuals.

It had also considered the need for a religious, cultural and linguistic database that would comprise all the institutions under this umbrella in the country. This need had been amplified when Minister Nkosozana Dlamini-Zuma had approached the Commission for exactly such information after she had received requests from religious institutions for material support during the hard lockdown.

He emphasised change management and stressed the importance of the Commission having to render an impactful contribution.

CRL Commission's APP

The Commission reported that it worked under unfavourable social conditions due to the Covid-19 pandemic, with the resultant lockdown and protocol that impacted negatively on its work, especially rural community involvement and participation where there was poor connectivity.

The Committee heard that the Commission's APP was comprised of five programmes. These were administration, legal services and conflict resolution, public engagement and education, research and policy development, communication, marketing and linkages.

Programme 1 (Administration) touched on thematic areas like good corporate governance, sound financial management and administrative support, in line with legislation. Eight targets had been set in the APP.

Programme 2 (Legal Services and Conflict Resolution), dealt with thematic areas like strengthened conflict resolution and legislative reviews to promote and protect cultural, religious and linguistic communities.

The Commission highlighted the recent the research report on African traditional medicine to promote the use of traditional medicine in the fight against the Covid-19 pandemic, as well as the research that sought to explore cults from the African perspective, to deepen knowledge for educational purposes.

The Commission had conducted a review of its legal framework. The human resource (HR) policy had been updated, and the updated job profiles implemented.

The Commission also planned an information communication technology (ICT) processes review, and the registration of all South African cultural, religious and linguistic institutions and organisations.

It was also in the process of developing education material on culture, religion and language that would be used to raise awareness on community rights, but also empowered communities to be able to resolve conflict. The CRL Act would have to be amended to close identified gaps.

Discussion

Mr C Brink (DA) recalled that Prof Mosoma had indicated that the Commission wanted to compile a database or comprehensive set of information on cultural, religious and linguistic institutions. This information should apparently include information on assets and resources of these institutions. The Professor had said the directive had come from the Minister, so he wanted to know whether this request fell within the competency of the Commission. He expressed his discomfort with the Commission undertaking such work.

He also took issue with plans by the Commission to register all cultural, religious and linguistic institutions in the country. He theorised that the government would have to legally define what it considered cultural, religious and linguistic institutions. He also mulled over whether this registration would be voluntary or compulsory, as registration normally meant regulation. He questioned whether the Commission regarded itself as a regulatory authority, and under which legislative mandate the Commission exercised that authority.

Ms P Xaba-Ntshaba (ANC) welcomed the presentation, and recalled that on 20 November 2020 , the Commission had reported that the Public Service Commission (PSC) would assist the CRL Commission to recover about R9.9 million in irregular expenditure. It had been expected that at the conclusion of the investigation, consequence management processes would be instituted. She wanted to know whether the Commission had instituted consequence management processes against those implicated.

Ms H Mkhaliphi (EFF) requested clarity on the effects of the Covid-19 regulations on religious communities and the subsequent criminalisation of ordinary people. She said that the lockdown regulations had placed a significant strain on the religious community. They had raised their concerns with how churchgoers had been treated by the police. She recalled an incident that had happened in Soweto recently, where elderly churchgoers had been viciously assaulted and apprehended by the police. She decried the brutality of the South African police and the apparent silence of the Commission on this brutality. She further stressed that she had not condoned the actions by the churchgoers, but the police had to exercise restraint.

She questioned whether the Commission had a media department that spoke out and condemned such action. Its voice had also been missing in the aftermath of the Ndebele attired Mr Thando Mahlangu's ordeal at the hands of another black man at a shopping mall.

She drew the Commission's attention to the proliferation of dubious churches across the country, and spoke out harshly against the harmful practices orchestrated at these churches. Did the Commission have a mandate to rein in these churches? She recalled that the SA Human Rights Commission (SAHRC) had come out strongly in support of Mr Mahlangu , yet the CRL Commission was an institution that already operated in that space. The Committee required clarity on whether the Commission had an adequate and capacitated communications team.

CRL Commission's replies

Prof Mosoma informed the Committee that the purpose of the database of cultural, religious and linguistic institutions would be to gather more for information.

He said that during the hard lockdown, some religious institutions had approached the Minister with requests for material support, and she had asked the Commission to determine what could be done.

He reminded Members that the Cultural, Religious and Linguistics Rights Commission Act had called for the establishment of such a database. This database would be utilised purely for information purposes, and would be made publicly available.

He added that the Commission had not been assigned any powers to arrest individuals, and only referred matters to the various organs of state.

Regarding the proliferation of bogus churches, various arrests had been made, and that the Commission remained steadfast over the rigorous implementation of the Act.

Some of the cases that had been brought against the Commission had tested the veracity of the Act, but it had successfully litigated against them . During the litigation process, areas had been identified that had to be attended to by the Commission. The main point for the Commission had been that its existence had been reaffirmed.

On the lack of condemnation by the Commission of police brutality against churchgoers during the lockdown, he said much of its work had not been featured in the public domain. He assured the Committee that the Commission had always been available on the ground, and relayed the story of a woman that had been accused of witchcraft and threatened by her own community members. The Commission had intervened with speed and brought members of the community and the South African police together to address this matter. Eventually, it had been resolved and the police had arrested those who had found themselves in conflict with the law.

On the Mahlangu incident, he conceded that the Commission had not been present on the day in question, as its spokesperson had fallen ill. It had subsequently taken over the investigation and had met with all the relevant parties. During this process, the mall manager who had discriminated against Mr Mahlangu had indicated his own unfamiliarity with Ndebele traditional attire. This incident had once again highlighted the importance of the Commission's mandate.

He commented that South Africans had to celebrate the country’s cultural diversity, and that companies had to embrace this diversity as well. People had to foster an appreciation for its diverse cultural tapestry.

The Commission had collaborated with the University of the Witwatersrand ( Wits ) on research that would determine the impact that Covid-19 had had on religious and cultural communities.

Mr Edward Mafadza, Chief Executive Officer, CRL Commission, said that the Public Service Commission (PSC) investigation had conducted several interviews and the investigation had been concluded. The investigators had indicated that they had compiled a list of recommendations which had been sent for consultation. Once these had been concluded, they would be furnished to the Commission.

On the proposed database and whether the Act had prescribed for such, he said Section 1.5.1 of the Act specified that the Commission had to establish and maintain a database of all cultural, religious and linguistic institutions in the country.

Follow-up questions

Mr Brink said that the Act that the Professor had quoted made a distinction, and in no way assigned a regulatory role for the Commission. That authority did not exist, he claimed. He also wanted to ascertain whether the Commission had received any inputs or submissions from religious constituents on the Covid-19 lockdown regulations.

Ms Mkhaliphi said that the question about police brutality had not been answered.  She commented that the SAHRC had acted swiftly, and when she had checked the Commission’s report on the matter, it had mirrored that of the SAHRC. She asked why the Commission had acted so late.

She commented that the Commission had no need to use the media to communicate its media statements, and that social media should suffice. This strategy had worked wonderfully for the Economic Freedom Fighters (EFF). She urged the Commission to strengthen its media liaison department.

Mr G Mpumza's (ANC) comments and questions were inaudible owing to connection difficulties.

The Chairperson said she had noted the glaring omission of the District Development Model (DDM) in the Commission’s APP. She wanted to know whether any role for the DDM in the Commission’s work had been envisaged.

She also recalled that the APP had mentioned that the Commission had to reduce its annual targets for the 2021/22 financial year. This would obviously affect operations, so the Commission had to explain how many targets would be reduced.

She added that the Commission had projected in the APP that it would receive about R50 million, yet it had reported on an allocation of R46 million for the year under review .

Commission's response

Prof Mosoma replied that if memory served him right, all inputs by religious and cultural organisations had been made directly to the government. The Commission had participated in the government's discussions about the Covid-19 regulations. Some of these inputs by the Commission had been accepted, whereas others had not.

On the lack of condemnation of police brutality by the Commission, he said that the Commission made a distinction between religious and individual rights. This distinction was important, as Section 31 of the Constitution said that the religious and cultural rights of all South Africans had to be protected. On the incident that had happened at a Soweto church, the Commission had extended its support to the affected churches. He said that churches promoted religious freedom and diversity.

He conceded that the Commission had a very poor communication strategy and vowed that it would increase its public awareness initiatives and strengthen communications. The Commission might be doing important or noble work on the ground, but this meant nothing if South Africans had no awareness of it. One of the initiatives that the Commission had considered, entailed weekly press statements on the work that had been done for that particular week.

He agreed that the DDM was a vital piece of government legislation that aimed to enhance and improve the capacity of local governments to deliver public services. It addressed the silo mentality that plagued government, through an integrated approach to governance at the local government level.

Mr Cornelius Smuts, Chief Financial Officer (CFO) of the Commission, addressed the discrepancy between the R50 million and R46 million amounts. He explained that the budget allocation in the APP had been included before the Commission had received the letter from National Treasury.

On the reduction in the budget in the outer years, he said that expenditure on salaries would increase as indicated.  The Commission could not lay off or reduce its staff complement at the moment, so expenditure on salaries would remain higher than operational expenditure. This had led to a decline in operations

Mr Mafadza added that the training of staff in the support services had been impeded as a result of the lockdown. He added that the Commission had planned about 20 public engagements, but had reduced this by five. With the new approach of virtual meetings, the target could still be achieved, however.

Follow-up questions

Ms D Direko (ANC) said that the CEO, in his response, had indicated that the Commission had not yet studied the relevance of the DDM to its mandate. This concerned her, since the DDM had already been adopted in August 2020, and spoke directly to the Commission's constituents.

The Chairperson noted that the meeting should agree to a timeframe by which the Commission had to provide a report on the relevance of the DDM to the Commission’s work.

She recalled that on 17 November 2020, the Committee had convened a meeting with the Congress of Traditional Leaders of South Africa (Contralesa) as well as the National House of Traditional Leaders (NHTL) about the Eastern Cape's 2020 initiation season request. She referred to the 13 lives that had been lost in the Eastern Cape as a result of botched initiations, and said this tragedy had unfolded during the current Covid-19 pandemic. She wanted to know whether the Commission had followed up with what happened in the wake of that tragedy. She reminded the Commission that assurances had been given that no lives would be lost.

Commission's response

Prof Mosoma confirmed that at the meeting of 17 November 2020, the Amakhosi from the Eastern Cape had pledged and assured that they would comply with the conditions that had been set out by the Commission.  He said the Commission had excellent relations with other provinces, and mentioned Gauteng as an example. However, the Eastern Cape had paid lip service to the recommendations that had been made by the Commission.

The Chairperson expressed her surprise, and commented that Chapter 9 institutions had recourse in the event that their recommendation for remedial action had been ignored.

Prof Mosoma said the Commission had not thrown its hands in the air in defeat -- some culprits had been been jailed. The problem, however, could best be summarised in the story of one person who had become synonymous with botched circumcisions. The person in question would be arrested after the initiation season and released before initiation season. Incidents like these exacerbated the problem, and the Commission had escalated it to the level of the premier in the province. It had resolved to tackle this matter with the urgent attention it required. The Eastern Cape had to deploy its resources and its efforts towards the prevention of further unnecessary deaths.

Mr Mafadza promised that the Commission should be able to provide progress within the next three weeks on the relevance of the DDM to the mandate of the Commission.

Prof Mosoma added that it was not necessarily about determining the relevance of the DDM to the Commission’s mandate, but how the DDM aligned to the strategic plan of the Commission. The DDM had been premised on integrated development, centred on a collaborative model that did away with the silo mentality that permeated government.

The Chairperson said that the presentation had not spoken of any collaborations that the Commission had had with other departments in pursuit of its mandate.

Prof Mosoma said the Commission had entered into collaborative efforts with other government departments and entities, as well as Chapter 9 institutions. He quoted the example of offices that had been made available to the Commission in the various provinces by two other Chapter 9 institutions as one example of collaboration.

He added that the Commission had enjoyed a fruitful relationship with the SAHRC, with whom it also had a referral agreement. He indicated that the Commission would continue to identify possible areas and partners for collaboration.

Follow-up questions

Mr K Ceza (EFF) said he wanted to raise two concerning issues, one of which was related to collaborative issues. He asked whether the Commission had done enough to ensure cultural tolerance in the country. He also recalled the recent incident that involved Mr Mahlangu. This incident had involved two black people, and illustrated the need for sustained public awareness campaigns aimed towards cultural tolerance.

He added that the narrative around certain cultures and subsequent stigmatisation of certain cultures had to be addressed as well. He wanted to ascertain what mechanisms the Commission had in place that addressed such stigmas. He also wanted to know what the Commission had done to champion traditional African medicines, especially during the current Covid-19 reality.

Commission's response

Prof Mosoma replied that the observations made by Mr Ceza had been spot-on, and that the Commission had realised that it had to base programmes on current realities. It resolved to utilise all forms of communication mediums such as television and radio. The Commission had dedicated itself to foster the ideal of unity in diversity. South Africans also had to appreciate the distinctive tapestry of the country's diverse cultures, which had immense value.

He informed the Committee that a webinar had been held with traditional healers, western medical practitioners and other stakeholders on the viability and relevance of traditional African medicine. After the conclusion of this webinar, a joint statement had been issued that called for an integrated response to medicine, which included traditional African medicine. The Commission remained committed to this ideal.

Dr Sylvia Pheto, Deputy Chairperson of the Commission,  said she regretted the incident that involved Mr Mahlangu. After consultations with the affected parties, it had become evident that the mall manager himself had no idea that the attire represented the Ndebele culture. This incident had highlighted the work that still had to be done by the Commission to educate South Africans, and the need to champion collaborative approaches towards social cohesion and tolerance.

The Commission should also liaise with the Department of Arts and Culture, especially on cultural issues, and an analysis had to be done on how it could tap into the DDM.

She said the Commission had recently collaborated with the Department of Health in the case of an elderly woman who had been accused of witchcraft. This had been another one of those incidents that highlighted the need for continued education and awareness by the Commission.

She admitted that at some stage the Commission had dropped the ball on its mandate, and agreed that the initiation schools in the country had to be strongly regulated . She proposed that cultural initiation should be included in the DDM.

Follow-up questions

The Chairperson noted that the Commission had not responded to the question on the proposed amendments to the Act. The Committee wanted to know what these amendments entailed, and to whom the amendments had been submitted. The Commission had already indicated that the previous Commission had started this process, but had not finished it yet. There had still been no movement on these amendments, as the Committee had not yet received them.

Ms Mkhaliphi recalled the inputs by Dr Pheto regarding Mr Mahlangu, and against that background asked whether the Commission had set itself timeframes by which it would respond and/or conclude investigations into such incidents. She reiterated her previous comments about the “disturbing” incidents that had occurred in Soweto, when elderly churchgoers had faced off against the South African police over lockdown regulations. She charged that as the “leader in that sector,” the Commission had not even acknowledged receipt of complaints .

She added that when the Committee interacted with Chapter 9 institutions, it did so on the basis of frankness and honesty, as it impacted on the lives of ordinary South Africans. She also wanted to know why the Commission had claimed it had public education outreach initiatives, yet had no register.

Commission;s response

Dr Pheto replied that she was unsure whether Ms Mkhaliphi wanted to see the actual register.

She said that Covid-19 had severely impacted the Commission’s ability to conduct outreach initiatives, and that the Commission would continue to utilise virtual settings such as webinars et cetera.

She agreed that the Commission had to strengthen its awareness campaigns, and that it accepted responsibility for not having a presence in all of the provinces. It had hoped that the collaboration with other government departments and Chapter 9 institutions would lead to an increased presence in communities and awareness of cultural, religious and linguistic rights.

Prof Mosoma said that work had started on possible amendments to the Act. As indicated, the Commission had conceded that it had been hamstrung by an ineffective communications strategy. Going forward, it would look to increase its public awareness initiatives. He stressed that he did not want to minimise the experiences of South Africans, and said the Commission had to raise continued awareness in society.

The Commission had a public engagement register, though it did not cover the entire country. This highlighted the need for a composite and fully developed database.

Mr Mafadza said that the current Commissioners, who had assumed office on 1 July 2019, had found themselves in an unfortunate position, as one year into their appointment, the lockdown had occurred. This had severely impeded operations, and these Commissioners had undertaken a process by which they had identified the scope of unfinished priorities from the previous Commission.

The Chairperson commented that South Africa had been on lockdown level 1 for quite some time and government entities should refrain from blaming Covid-19 for the continued lack of service delivery.

The Committee was told that various gaps had been identified that the Commission had started work on with Dr Bester at the legal unit of the Department of Traditional Affairs ( DTA ). It wanted to beef up the Act, as some constituents contested certain areas, such as a registry of religious institutions as well as the requirement that every term of a Commission had to be accompanied by a national consultative conference.  The Commission felt that these successive consultative conferences should be amalgamated into one conference, as this would save on costs. He said that the Commission had to start being realistic.

The other issue of contention had been the 17 Commissioners who currently served on the Commission, and whether this was realistic. Another issue was related to community councils that applied for funding from the Commission. This had to be assessed, as the Commission itself experienced funding challenges. He said that the Commission had to implement the proposed amendments, as the Auditor-General (AG) had been quite clear on this. Once all of these matters hadhad been addressed in-house, the draft Bill would be tabled before the Committee.

Mr Mashwahle Diphofa, Director-General of the DTA, said that the Department had been in consultation with the Commission on the proposed amendments. As the Commission had indicated, once they had concluded all the internal processes , they would then link with Dr Bester to finalise the draft Bill. Once this had been concluded, it would be submitted to the Committee for consideration and passage.

Deputy Minister's concluding remarks

Deputy Minister Obed Bapela commented that the draft amendments had not yet reached the Ministry, though the Ministry had certainly been aware of them. Once the engagements and consultations on the draft between the Commission and the Department had been concluded, they would be submitted to Parliament for consideration and passage.

Chairperson's concluding remarks

The Chairperson said that the Commission had to act on all legislative issues as a matter of urgency, since they were already in their second year in office. She urged the Commission to carry out more communication, even with the limited resources that it had. The virtual platforms allowed for this to take place.

She highlighted the important role that the Commission played in fostering respect for cultures and their promotion and called for closer collaboration with the Department of Arts and Culture. It also needed to collaborate with other departments, such as the police .

The Committee wanted to be furnished with the Commission's strategy document, as well as all aspects that pertained to the proposed amendments.

She wanted the Commission to provide a timeframe for the amendment process. She asked it for the list of all the proposed outreach initiatives that it had planned for the year, as this would allow the Committee to assess its performance.

She lamented the tragic circumstances in the Eastern Cape, and mentioned that the deceased would forever be nameless. The Commission had to strengthen its cooperation with the National Prosecuting Authority to hold those responsible accountable.

The Committee had also committed itself to hosting an Indaba on customary initiation. This and other details would be discussed at a later stage.

She adjourned the meeting.

Audio

No related

Download as PDF

You can download this page as a PDF using your browser's print functionality. Click on the "Print" button below and select the "PDF" option under destinations/printers.

See detailed instructions for your browser here.

Share this page: