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portfolio committee of ARTS and culture PanSALB PRESENTATION 06TH November 2013

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Title: portfolio committee of ARTS and culture PanSALB PRESENTATION 06TH November 2013


1
portfolio committee of ARTS and culture PanSALB
PRESENTATION 06TH November 2013
2
OUTLINE
  • Introduction
  • Overview
  • Organisational Performance Information (Annual
    Report 2012/2013)
  • SO 1
  • SO 2
  • SO 3
  • SO 4
  • SO 5
  • Key Achievements
  • Human Resources Management
  • Adv. Feni Matter
  • 6. Auditor General Findings
  • 7. Conclusion

3
1. INTRODUCTION
  • In terms of the Pan South African Language Board
    (PanSALB) Act No. 59 of 1995 as amended, the
    organisation is mandated to
  • a) make recommendations with regard to any
    proposed or existing legislation, practice or
    policy dealing directly or indirectly with
    language matters at any level of government, and
    with regard to any proposed amendments to or the
    repeal or replacement of such legislation,
    practice or policy
  • b) make recommendations to organs of state at all
    levels of government where it considers such
    action advisable for the adoption of measures
    aimed at the promotion of multilingualism within
    the framework of the Constitution
  • c) actively promote an awareness of
    multilingualism as a national resource
  • d) actively promote the development of the
    previously marginalized languages
  • e) initiate studies and research aimed at
    promoting and creating conditions for the
    development and use of (i) all the official
    languages of South Africa, (ii) the Khoe and San
    languages and (iii) South African Sign Language
  • f) promote and ensure respect for all other
    languages commonly used by communities in South
    Africa
  • g) advise on the coordination of language
    planning in South Africa
  • h) facilitate cooperation with language planning
    agencies outside South Africa
  • i) establish provincial language committees and
    national language bodies to advise it on any
    language matter affecting a province or a
    specific language and
  • j) Establish national lexicography units to
    operate as companies limited by guarantee under
    section 21 of the Companies Act (No. 61 of 1973),
    and to allocate funds to the units for the
    fulfilment of their functions.

4
2. OVERVIEW
  • This report seeks to present the status on the
    implementation of the 2012/2013 Turnaround
    strategy of PanSALB which was adopted in August
    2012 after extensive consultation with internal
    structures, staff members and stakeholders.
  • The 2012/2013 Turnaround Strategy was also
    presented with costing to the Portfolio Committee
    on Arts Culture and they undertook to fund it.
  • 2012/2013 fiscal year was a period in which we
    had to meet ever-increasing needs of the
    turnaround strategy with very limited resources.
    Despite the unfavourable audit outcome, this
    fiscal year has proven to be an optimistic and
    exciting year. This is due to the proper
    planning and vigorous implementation of the
    programmes adopted through the turnaround
    strategy and the support we received from other
    structures and the collaboration with some of the
    provincial departments of Arts and Culture.
  • This report will focus on highlighting
    achievements and on-going challenges the current
    leadership continues to experience despite the
    visible achievements made to date.

5
3. ORGANISATIONAL PERFORMANCE
6
Strategic Objective No. 1 Performance Information
7
SO 1 - Non Performance Partially Achieved
Partially Achieved Partially Achieved Partially Achieved Partially Achieved
No Output 2012/2013 Target Challenges Remedial Action
1 Compliant to Governance and management structure Co-ordinated oversight structure established PanSALB is awaiting finalisation of the appointment of the Board. The PC is requested to speed up the process on appointing the Board
2 Approved Policies Compliance with internal audit recommendations and opinion Lack of human resources Capacitate where necessary
8
SO 1 - Non Performance Not Achieved
Not Achieved Not Achieved Not Achieved Not Achieved
No Output 2012/2013 Target Challenges Remedial Action
1 Stable financial environment 5 PanSALB envisaged expenditure of over R4 million in the 2012/2013 financial year, due to the implementation of the TA strategy which was not funded. The Revenue Generation unit was established in April 2013. Proposals have been sent to donors for funding. Promotion on language products were effected to create sales.
2 Compliance to governance imperatives Unqualified audit opinion Only finance policies were and approved and subsequently reviewed by Internal Audit. The Board, Audit Risk as well as the ICT committee were not appointed. The Audit Risk Committee was appointed in 15th March 2013.
3 Functional Revenue Generation Unit Approved Revenue Strategy Personnel was not yet appointed Personnel has been appointed and the Revenue Generation Strategy has been approved.
Functional Revenue Generation Unit 2 funds raised Personnel was not yet appointed The Revenue Generation model was conceptualised and launched in April 2013 with the appointment of fundraising agencies.
9
Strategic Objective No. 2 Performance Information
10
SO 2 - Non Performance
Partially Achieved Partially Achieved Partially Achieved Partially Achieved Partially Achieved
No Outputs Annual Target 2012/2013 Challenges Remedial Action
1 Risk Management Services 100 achievement of risk mitigation plan There is an approved risk mitigation plan. However, not all the mitigation initiatives were achieved due to lack of resources. The function is outsourced to internal audit
2 Annual Plan of action for languages operations 100 achieved The plan could not be achieved largely due to staff shortages, restructuring to improve efficiency, and unavailability of funds. Lack of capacity and limited funding to appoint relevant staff Appointment of skilled personnel.
Not Achieved Not Achieved Not Achieved Not Achieved Not Achieved
No Outputs Annual Targets 2012/2013 Challenges Remedial Action
1 Revised governance structures (PLCs, NLBs NLUs) Internal audit opinion on revised PLCs/NLBs and NLUs structures Lack of revised of the Norms Rules and Articles of Association needed to be completed before the structures could be revised due to limited personnel and funding to conduct consultation meetings needed to inform the revision of the documents. The APP the TA was concluded in the mid-year A revision of the Norms Rules is underway. We have undertaken an audit to review performance , functions and funding of NLUs. The audit outcome still underway.
2 Language Framework Approved Languages Framework The languages framework was not developed due to limited human and financial resources Human resource capacitation of the languages unit. The languages framework workshop was conducted in September 2013 to develop and subsequently be implemented.
2 Language Framework Approved language audit report No specialised skills to provide technical support The skills audit report was concluded after the reporting date
3 Language Framework Approved language audit report No specialised skills to provide technical support The skills audit report was concluded after the reporting date
11
SO 2 - Non Performance
Not Achieved Not Achieved Not Achieved Not Achieved Not Achieved
No Outputs Targets 2012/2013 Challenges Remedial Action
1 Revised governance structures (PLCs, NLBs NLUs) Internal audit opinion on revised PLCs/NLBs and NLUs structures Lack of revised of the Norms Rules and articles of Association needed to be completed before the structures could be revised due to limited personnel and funding to conduct consultation meetings needed to inform the revision of the documents. The APP the TA was concluded in the middle of the year A revision of the Norms Rules is underway. We have Undertaken an audit to review placement functions and funding of NLUs and the audit outcome still underway.
2 Language Framework Approved Languages Framework The languages framework was not developed due to limited human and financial resources Human resource capacitation of the languages unit. The languages framework workshop was conducted in September 2013 to develop and subsequently implement.
2 Language Framework Approved language skills audit report No specialized skills to provide technical support The skills audit report was concluded after the reporting date
12
Strategic Objective No. 3 Performance Information
13
SO 3 Non Performance
Partially Achieved Partially Achieved Partially Achieved Partially Achieved Partially Achieved
No Outputs 2012/2013 Targets Challenges Remedial Action
1 Functional Linguistic Human Rights Services An established Linguistic Human Rights unit The unit was established by year-end, however the appointment of the Tribunal members was delayed due to the requirements by DAC in the selection of Tribunal members. The Linguistic Human Rights unit has been established
2 Functional M E unit Functional M E unit The M E personnel was not appointed. The M E unit has been established
3 Appointment of key staff 90 populated structure The structure is 76 populated The structure has been 84 populated
Not Achieved Not Achieved Not Achieved Not Achieved Not Achieved
No Outputs 2012/2013 Targets Challenges Remedial Action
1 Research in languages Approved research partners The M E personnel was not appointed The M E, Research unit has been established
14
Strategic Objective No. 4 Non Performance
Information
15
SO 4 Non Performance
Partially Achieved Partially Achieved Partially Achieved Partially Achieved Partially Achieved
No Outputs 2012/2013 Targets Challenges Remedial Action
1 Staff training 100 approved training plan Not all PanSALB staff have been trained as per the approved schedule, only 36 was trained in the 2012/2013 financial year due to lack of funds to implement training. In-house mentorship programmes are developed and implemented.
Not Achieved Not Achieved Not Achieved Not Achieved Not Achieved
No Outputs 2012/2013 Targets Challenges Remedial Action
1 Performance Management System (PMS) Positive opinion from internal audit compliance Resistance Performance contracts were drawn up at the end of the 4th quarter after all the workshops have been conducted. PMS was implemented after induction of both the TA strategy and the PMS. The Labour Forum was established to create conducive environment to resolve labour related issues.
16
Strategic Objective No. 5 Performance Information
17
4. KEY ACHIEVEMENTS
18
Key Achievements
  • Implementation of the 2012/2013 Turnaround
    Strategy
  • Establishment of the Chairpersons Forums
  • Revival and engagement of PanSALB structures
    (PLCs, NLBs NLUs)
  • Launch Dr Neville Alexander Language Scholarship
    (Gauteng W Cape)
  • International Mother Tongue Day (Celebrated in
    all provinces)
  • Launch of the Linguistic Tribunal
  • International Translation Day (Celebrated in all
    provinces)
  • Deaf Awareness Week (celebrated in all provinces)
  • Revival of the Book Clubs
  • Grade 12 language Awards
  • Staff morale is on the increase
  • Stakeholder Engagement

19
  • 5. HUMAN RESOURCES STATUS

20
Staff Compliment and Demographics
21
Staff Demographics
The above graph reflects Q.1 staff demographics for PanSALB. Percentages on the graph are described as follows Top ManagementMale-5Female-6, Senior ManagementMale-36Female-11, Professionally qualified and experienced specialist in mid managementMale-33Female-13, Skilled technical and academically qualified workers, junior management, supervisors, foremen and superintendentsMale-18Female-13, Semi-skilled and discretionary decision makingMale-5Female-30, Unskilled and defined decision makingMale-3Female-21, Contract StaffMale-0Female-4, Persons with DisabilitiesMale-0Female-2, and InternsMale-0Female-0.
22
Staff Turnover
23
Performance Information
  • As per the approved Structure
  • Total number of ALL posts is 120.
  • Total number of posts that have been filled is
    106, that constitutes 88.33 of Staff Compliment.
  • Total number of vacant posts is 14, that
    constitutes 11.67 vacancy rate

24
Structuring Principles
25
Update on Adv. Feni matter
  • Background
  • Advocate Feni was employed in June 2008 and
    subsequently suspended on 13th May 2010 and 08th
    June 2010. The fights between Feni and PanSALB
    emanates from his dismissal.
  •  
  • Reinstatement
  • In complying with the CCMA award and Labour Court
    order, PanSALB was required to retrospectively
    re-instate Advocate Feni on the same terms and
    conditions that governed his employment
    relationship before his dismissal.
  • Upon the reinstatement of Adv. Feni, an induction
    program was conducted with him in order to assist
    him to familiarise himself with the changes the
    organization has undergone and also to
    familiarise himself with roles and
    responsibilities of his position and clarifying
    the reporting lines. The organization arranged a
    counseling program for him however he refused to
    attend such program.
  • Since he has been reinstated hes been making
    unreasonable demands through emails and declared
    different disputes at CCMA (wherein demands
    compensation). Mysteriously obtained a Labour
    Court -Writ of Execution to freeze our bank
    account and demanding that the bank make payment
    towards the Sheriffs trust account.

26
Update on Adv. Feni cont.
  • Back pay and Salaries
  • By October 1 2013 when he reported for duty he
    had been back paid for the months of June, July
    and August2013.A lump sum as per the award and
    court order of R1,044,461.64 after tax was paid
    to him on 02 October 2013 less provident fund and
    salaries paid to him in April 2011 to October
    2011.
  • As a full time employee of PanSALB, therefore his
    salary was subjected to a contribution towards a
    provident fund scheme. This is in line with
    PanSALB regulation s6, wherein states that A
    person appointed as a member of staff after 30
    November 2001 shall belong to a pension fund or a
    provident fund scheme registered in terms of the
    Pension Funds Act, 1956 (Act No. 24 of 1956), and
    administered by the Board.
  • A deduction of R375, 000 that was made to his
    salary as a result of the salary already paid to
    him between the periods of April 2011 to October
    2011 (7 months) as per the Northern High Court
    order as part of his salary. With regard to the
    R375, 000 it is deducted because it will
    constitute a double payment towards your salary
    and as such will be deemed an audit query from
    our side. Chapter 8 of the PFMA s66 (4) it
    further says that constitutional institutions
    and provincial public entities not in subsection
    (3) (d) may not borrow money, nor issue a
    guarantee, indemnity or security, nor enter into
    any other transaction that binds or may bind the
    institution or entity to any future financial
    commitment.

27
Status Quo to date on Adv. Feni
  • Since 01st October 2013 he has queried his
    reinstatement terms
  • Obtained Writ to Execution with a wrong case
    number to freeze the organizations bank account
  • He has demanded to be compensated for the trauma,
    humiliation and embarrassment which the
    organization subjected him to(to date this
    matter sits at the CCMA)
  • He has demanded PanSALB to reverse the deductions
    made from the monies already paid to him as per
    court order, and threatened to approach the
    Labour Court, which he did
  • He demanded his salary be aligned to that of
    colleagues who received salary increases which
    were effected prior to the CCEOs appointment
  • He interferes with staff morale (clear tensions
    still exist and he does not greet certain staff
    members who have tried to engage him)
  • Threatened his fellow colleague
  • He served the Caretaker CEO with a Labour Court
    Order
  • He referred dispute to CCMA challenging the
    restructuring process

28
STRUCTURE PRESENTATION SEPTEMBER 2013
29
Table of Contents
  1. Value Chain
  2. Structure Presentation

30
PanSALB Value Chain
Monitoring and Evaluation
P R OMOTI ON
Research
Develop
Use
Customer
Language Rights
31
Governance Structure
32
Executive Structure
33
Management Structure
34
Office of the CEO
35
Languages Services Structure
36
Provincial Operations Structure
37
Policy, Regulations, Linguistic Human Rights, ME
Services Structure
38
Finance Structure
39
Corporate Services Structure
40
Corporate Services Structure - HRM
41
Corporate Services Structure - ICT
42
Corporate Services Structure Promotions
Communications
43
Corporate Services Structure Security
Facilities
44
6. AUDITOR GENERAL FINDINGS
45
Table of Contents
  • Budget v/s Expenditure YTD
  • Current Funding Challenges
  • Managements response to Auditor Generals
    Findings
  • Remedial Strategy

46
Budget v/s Expenditure report as at 30 September
2013
Economic Classification Total allocation R 78, 180,000.00 Expenditure Variation 45,059,644.05 33,120,355.95 Expenditure Variation 45,059,644.05 33,120,355.95
Description Budget Expenditure Funds remaining
Compensation of employees 39,848,500.00 24,775,017.90 15,073,482.10
Transfers and Subsidies 15,819,074.04 8,076,988.95 7,742,085.09
Goods and Services 22,512,425.96 12,207,637.20 10,304,788.76
47
Current Funding Challenge
Expenditure per Economic Classification Overall percentage spent 58. Accrued Total Funding required Expenditure Accrued Total Funding required Expenditure Total Funding required
Description Percentage Spent Funds Remaining Commitments till year end Variance
Description 58 33,120,235.00 47,284,626.15 (15,587,759.00)
Compensation of employees NLU Transfers 59 22,815,567.19 35,076,988.95 (12,261,421.76)
Goods and Services 54 10,304,788.76 12,207,637.20 (3,326,337.24)
48
PROGRESS IN ADDRESSING ISSUES RAISED BY THE
OFFICE OF THE AUDITOR GENERAL 2012/13 AUDIT
49
Outline
  • Objective
  • Background
  • Audit Report Matters
  • Action Plan Overview

50
Objective
To update the Portfolio Committee on Arts and
Culture on progress to date regarding issues
raised by the Office of Auditor General in their
2012/13 audit report.
51
Background
  • Upon completion of the audit and receipt of the
    AGs final audit report an action plan was
    developed to address matters raised.
  • The action plan has been monitored and updated on
    a monthly basis by the CFO and will be verified
    by the Internal Audits.

52
Action Plan Overview
  • PanSALBs had a total of fifty-four (54) audit
    findings on the final audit report.
  • Office of the CFO implemented a monitoring tool
    wherein all progress can be reported and
    monitored on monthly basis.
  • To date forty (40) out of fifty-four (54) have
    been fully addressed (100 complete).

53
Action Plan Overview Cont.,
  • The remaining fourteen (requiring long-medium
    term solutions) range between 60 complete and
    80 complete.
  • 60 completion on the monitoring tool means
  • Task Progressing well
  • 80 completion means Task Virtually Complete.

54
Remedial Strategies
  • Established a Compliance unit.
  • Functional Monitoring and Evaluations unit.
  • Revised Performance Information Policy.
  • Established an Organizational performance review
    task team (budget review)
  • Revised and implemented policies (internal
    controls)

55
7. CONCLUSION
  • Despite the achievements mentioned above, PanSALB
    had some challenges in achieving more. The most
    significant had been underfunding which resulted
    in over spending of R4.2million. The underfunding
    resulted in capacity challenges within PanSALB,
    including its structures.
  • In light of the work done and achievements
    attained, we are convinced that the 2012/2013
    financial year has yielded reasonable and all our
    efforts are focused on improving on this record
    in 2013/2014. The organisation is looking
    forward to the exciting implementation of the
    following projects
  • Colloquium Academic debate
  • Provincial Language Indaba
  • Verification and authentication of various
    language products
  • Development and standardisation of terminology
  • Awareness advocacy programmes
  • Community outreach programmes
  • Establishment of book clubs
  • Story telling programme on all media platforms
  • Dr Neville Alexander Language Scholarship
  • Reconstituting the 4 Provincial Language
    committees together with the MECs of Arts
    Culture
  • PanSALB has been tasked with a constitutional
    mandate that is not adequately funded and
    therefore seek intervention of the Portfolio
    Committee on Arts and Culture.

56
Thank You
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