1. 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

2. 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

3. 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

4. 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

5. 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;

6. 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.

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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.