IMPLEMENTATION OF THE SOUTH AFRICAN LANGUAGE PRACTITIONERS COUNCIL ACT, 2014 (Act No. 8 of 2014) PRESENTED TO THE SELECT COMMITTEE ON EDUCATION & RECREATION Date: 23 September 2015

STRUCTURE OF PRESENTATION 1. Background Objects of the Council Drafting of the Bill Parliamentary Processes Content of Regulations 6. Funding of the Council 7. Conclusion

1. BACKGROUND The need for a regulatory body for South Africa’s language practitioners has been researched and documented. Lack of regulation and strategic government intervention has resulted in slow growth of the language profession, however analysis of the market shows that the industry has a potential for growth, particularly in the context of the implementation of the Use of Official Languages Act which was enacted in October 2012 to regulate and monitor the use of official languages in government The Act provides for the adoption of language policies and the establishment of language units in national departments, national public enterprises and entities

BACKGROUND (cont.) There is a great need for language practitioners who will work in the language units; however, there is no legislative instrument nor a service delivery vehicle to deliver services relating to the accreditation of language practitioners The South African Language Practitioners’ Council (SALPC) Act and the establishment of the Council will prescribe rules governing the conduct of language professionals and procedures for compliance, monitoring and enforcement

2. OBJECTS OF THE COUNCIL The Act prescribes the following roles for the Council: Promote and protect the language practice in the Republic; Scrutinise particulars of people intending to register; Register people who are registrable by the Council; Accredit people who are accreditable by the Council; Develop, implement, revise and amend a code of ethics relating to the conduct of registered language practitioners; Protect language practitioners’ professional interests; Protect the members of the public who make use of services provided by language practitioners;

OBJECTS OF THE COUNCIL (cont.) Regulate the provision of language service to members of the public; Provide and encourage the provision of opportunities for persons, especially from disadvantaged communities, to enter and participate in the language practice in the Republic; Contribute to an enabling environment for job creation in the language practice; and Advise the Minister on matters affecting the language profession.

3. DRAFTING OF THE BILL The Bill was drafted in consultation with the following stakeholders: The Pan South African Language Board (PanSALB) MINMEC and the Technical Committee for Arts and Culture South African Qualification Authority (SAQA) South African Translators Institute (SATI) Department of Justice and Constitutional Development Department of Basic and Higher Education National Language Forum Academic Stakeholders Legislatures South African Local Government Association (SALGA) National Treasury Department of Public Service Administration Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Commission

4. PARLIAMENTARY PROCESSES FOLLOWED Introduction of the Bill to Cabinet for approval in 2012 Approved by Cabinet with minor changes Certification of the Bill Presentation to Portfolio Committee Presentation to Select Committee Parliamentary hearings Gazetting of the Bill for public comments in 2013 Promulgation of the Bill on 19 May 2014

5. CONTENT OF DRAFT REGULATIONS To give effect to the Act, draft regulations have been developed that cover the following aspects : (a) Registration requirements, criteria and procedures Particulars to be entered in the registers Admission to the registers Registration of change of accreditation level under the quality assurance system Annual fee Removal from the registers upon application by registrant or interested party Removal from the register by Council resolution and upon court order notification Lapsing of registration

CONTENT OF REGULATIONS CONT… Restoration to the register Change of name Change of residential address Suspension from practising Application for accreditation and levels of accreditation Authorized titles Accreditation certificates

CONTENT OF REGULATIONS CONT…. (b) Conduct and ethics Continuing professional development Code of conduct Professional conduct Disciplinary procedures Charge of improper conduct Appointment of a Disciplinary Committee Disciplinary hearing Proceedings after the hearing Appeal against decision of the Disciplinary Committee

6. FUNDING OF THE SALPC The Council will be funded with the budget appropriated by Parliament To be supplemented with revenue generated from registrations, accreditation and other activities The DAC engaged Treasury on the budget for the establishment of the Council as per the business case. Budget included in the proposal cost estimates for 2016 MTEF, however given the current fiscal environment; it may not be possible to establish the Council immediately

FUNDING OF THE SALPC CONT… The budget is as follows: Operational costs: The direct and indirect operational costs and recurrent costs associated with the service delivery options (overall objectives of the Council) have been calculated according to the operational budget in the business case The Council would need R25m from Treasury for operational expenditure Establishment expenditure: this relates to capital expenditure items such as computers, office equipment in the initial years of operation, the council would require approximately R25m from Treasury for capital expenditure

7. CONCLUSION SALPC is part of Outcome 14 service delivery agreement with regard to the transformation of the utilisation of currently marginalised languages. The Council is unlikely to be established in the short term due to budget constraints.