1. STATUS OF THE ASSESSMENT OF PHRAs 1.PURPOSE To provide progress on the current status of the assessment of PHRAs and recommendations for a different approach. 2.LEGISLATIVE UNDERPINNING The three ‑ tier system for heritage resources management (NHRA s.8) means that: National level functions are the responsibility of SAHRA; Provincial level functions are the responsibility of PHRAs; Local level functions are the responsibility of local authorities.

2. If a provincial or local authority does not have capacity (or is not competent) to perform a specific function for which it is responsible, the function should be performed on an agency basis by an authority at a higher level or a competent authority at the same level (NHRA s.8(6)). 3.PHRA ASSESSMENTS Following the approval of the Assessment Policy by the SAHRA Council in March 2011, the following PHRAs were re-assessed.

3. CURRERNT STATUS OF THE ASSESSMENT OF PHRAs 1. EASTERN CAPE The ECPHRA was re-assessed in August 2011 and found competent to perform some functions. Those functions which they were not competent SAHRA has signed an urgency arrangement to perform these functions on their behalf.

4. 2. NORTHERN CAPE The PHRA was re-assessed on the 28 July 2012 and found competent to perform some functions and SAHRA will perform some functions on their behalf. Those functions which they were not competent SAHRA has signed an urgency arrangement to perform these functions on their behalf.

5. 3. Free State The PHRA was assessed on the 28 July 2012 and found competent to perform some functions. Those functions which they were not competent SAHRA has signed an urgency arrangement with to perform these functions on their behalf.

6. 4. North West The provincial representative who served in the SAHRA Council resigned and there is no provincial representation.

7. 5. Limpopo A PHRA was established but no representation in SAHRA Council as required by the National Heritage Resources Act of 1999.

8. 6. Mpumalanga The Department of Sports, Recreation, Arts and Culture seconded staff to PHRA. February 2012

9. 7. Gauteng Council appointed and awaiting application for re- assessment

10. 8. Western Cape The HWC (PHRA) was assessed in October 2011 and authenticated competent to perform all functions except Section 36 Burial Grounds and graves.

11. 9. KZN Competent and capacitated PHRA. SAHRA re-assessed Amafa and found them competent but no represantation in the SAHRA Council

12. RECOMMENDATIONS 1.The Chairpersons of PHRAs be requested to provide reports of the status of their respective PHRAs in each Council meeting. 2.Investigate the possibility of revoking section 2 (b) of the Gazette Notice no 21051 31 March 2000 Regulation R 323; “in the event that such a council does not exist in a province, a relevant official in the Provincial Directorate responsible for heritage nominated by the MEC.”

13. HR PRESENTATION FOR PARLIAMENTARY COMMITTEE Terminations due to the s189 process are as follows: Eastern Cape – Ms N Magengelele, Administrative Assistant. Gauteng – Ms P Molokomme, Heritage Officer. Ms D Dana, General Assistant Limpopo – Ms B Tefu, Administrative Officer. Ms M Masegela, General Assistant North West – Ms S Omar, Administrative Officer. Ms J Meldram, General Assistant Mpumalanga – Ms E Ndhlalana, Administrative Officer. Ms P Nkosi, General Assistant Northern Cape – Mr A Timothy, Heritage Officer. Ms R Cwangae, Administrative Officer. Ms M Peters, General Assistant. KZN – Mr K Makhoba, Heritage Officer. Ms B Kubheka, Administrative Officer. Ms A Sehlako, General Assistant The above terminations were implemented and severance packages paid out in February and March 2012.

14. Contracts The current CEO, Ms S Van Damme does not have a contract on file. She does, however, have an appointment letter (attached). Council is aware of this fact as the Chairperson was informed when he requested it in November 2011. Mr P Buthelezi’s contract is attached, as requested. Ms B Khumalo’s (Chief Finance Officer) contract ended on 30 April 2012 and was not renewed as this would be the third time it would be renewed. Ms Z Fakier’s (Human Resources Executive Officer) contract ended on 31 July 2012 and the extension was not endorsed by Council.