CRL Rights Commission 2020/21 Annual Performance Plan; with the Deputy Minister

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Cooperative Governance and Traditional Affairs

15 May 2020
Chairperson: Ms F Muthambi (ANC) and Mr T Dodovu (ANC, North West)
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Meeting Summary

Audio: CRL Rights Commission 2020/21 Annual Performance Plan
Video: JM: Portfolio Committee on COGTA & SC on COGTA, Water & Sanitation & Human Settlements, 15 May 2020

Annual Performance Plan (APP) of Government Departments & Entities 20/2021

In a virtual joint meeting, the Portfolio Committee on Cooperative Governance and Traditional Affairs and the Select Committee on Cooperative Governance and Traditional Affairs, Water and Sanitation and Human Settlements were briefed on the Commission for the Promotion of Cultural, Religious and Linguistic Communities (CRL) Rights Commission’s 2020/21 Annual Performance Plan. Members heard that the aim of the Strategic Plan was to achieve the aspirations of the Constitution intended mainly to build a cohesive society bound by common loyalty without compromising its rich tapestry in religious, cultural and linguistic diversity.

The Committee was pleased to be informed that the challenge the Commission faced - that it worked mainly in the cities - was being addressed as it was slowly moving toward the rural communities. Members asked if there was any alternative strategy or criteria in place to educate communities about the COVID-19 pandemic and social distancing, and if the CRL had a budget in place for this; and what measures the CRL has put in place to ensure that other languages which are protected in the Constitution are active. Here Members emphasised that Parliament needed to lead by example to actually protect the languages and the dignity of people.

The protection of the rights of women was of concern to Members hence the question on what the CRL Commission was doing to ensure the protection of women’s rights within traditional institutions was asked. Members heard that many women had reported to the CRL Commission, not only on the oppression faced by women in rural areas but also urban areas. For example the Commission therefore had a list of women who were being oppressed in a certain church environment and that an organ of state has been informed of this. The CGE has been called to intervene in a collaborative manner to solve this matter. On the issue of patriarchy Members heard that the Commission’s role was to protect the rights of cultural, religious and linguistic communities.

Members asked about the Hate Crimes and Hate Speech Bill, particularly its impact on religious communities and added that the CRL has been silent on the Bill for a long time. Of equal importance was the Children’s Act so the Committee wanted to know if budget constraints were preventing the Commission from adding their voice to these issues. Members heard that in relation to the Hate Crimes Bill, the Commission participated with religious leaders on whether using biblical language could be criminalised. The Commission tried its utmost to protect religious leaders in terms of preaching from their own texts as long as this was not criminal. The Committee was disappointed to hear that the Commission did have budgetary constraints and it has resolved that the database issue would be placed at the centre. However the issue of resources has not yet been addressed as creating a reliable database which government can also rely on for its work would be quite costly. 

Members urged the Commission to find ways to ensure that there are institutions in place to protect cultural rights, and expressed disappointment that the Commission has only asked to be taken into consideration as Members would have wanted the Commission to present its challenges and constraints to the Committee so that it can come up with an intervention strategy where possible.  Further Members would value seeing a list of members from the Commission which showed their language proficiency and if there was someone on the Commission who could speak sign language.

The Committees were alerted to problematic issues that occurred in traditional rural areas.  Many children who died at initiation schools were the children of single women where a male figure was not present to intervene on their behalf. Here Members advised localisation of the Commission so that it could be instrumental in terms of intervening for those who could not represent themselves and thereby prevent some of the issues that occurred. Therefore localisation and decentralisation should be the priorities. Decentralisation would address Members concerns in terms of deaths in initiation at schools. The Commission was working with traditional leaders, provincial leaders, municipalities and community councils who can also intervene when there were such issues.

The Committee wanted to know what role the Commission was playing in the realisation of the 2020/2021 APP’s objectives and if it could provide examples of the Commissioner’s meaningful contributions. ‘What objectively verifiable indicators are present to determine how well the Commission is contributing to its goals of social cohesion and nation building’?  The Committee was informed that the Commission was now more community focused and less office/business focused. The reason resources went into the office-focus was because there maintenance was much higher than the amount of money the Commission has to do the work. Members were correct in that what the Commission has left of its budget was in the region of 20-25% to do its work. The tangible examples of how the Commission had promoted social cohesion are through its engagements with and public education within communities. Even though the progress the Commission made was at a snail’s pace, this helped to create a socially cohesive society. 

Members critically asked: ‘what is the role of the CRL Commission during the COVID-19 pandemic’? Members were told that the Commission continues to play its role during the COVID-19 pandemic and responds to issues as it is informed of them by communities.

Meeting report

Introductory remarks

The Chairperson made opening remarks and an apology was heard for Minister Nkosazana Dlamini-Zuma who was unable to attend the meeting due to other commitments and dealing with court cases.

The Deputy Minister Obed Bapela said he would not speak to the issue as it was a Chapter 9 Institution and he then handed over to the Commission for the Promotion of Cultural, Religious and Linguistic Communities (CRL Commission) to make its presentation to the Committee. The presentation was made by the Chairperson of the CRL Commission, Professor Luka Mosoma.

Briefing by the CRL Commission

The introduction to the Commission’s presentation was made by Professor David Luka Mosoma, chairperson of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL). He said the aim of the Strategic plan was to achieve the aspirations of the Constitution and was intended mainly to build a cohesive society that is bound by common loyalty without compromising its rich tapestry in religious, cultural and linguistic diversity.

The CRL Commission does not only deal with protection and promotion, but is mindful that the vestiges of nation building have been destroyed by the system of apartheid. He stated that issues of citizenship have been under attack and heritages of people have been diminished. He referred to stakeholder management in three communities. These refer to cultural, religious and linguistic communities and that these communities need to fully participate in order to achieve development as well as for the purposes of conflict resolution.

Prof Mosoma said that the Strategic outcomes are formed by the following factors: The Commission’s current position as a new Commission and what this entails as well as its organisational capabilities to play a role in carrying out its mandate. The Commission has reflected on a number of issues one of which relates to the role of culture, religion and language values in shaping a democratic country. Religion deals with issues of dogma and values which shows that values are fundamental.  On the development of jurisprudence on community rights, the Commission has realised that the emphasis is on human rights, but never on community rights and the Commission is in the process of developing jurisprudence on community rights in society.

There will also be a focus on human dignity. The Commission has picked up on a need to promote discussions on cultural and religious issues in schools and communities to deepen consciousness amongst the youth. Issues it will touch on include penal circumcision, botched amputations and issues of assault. The Commission is also working closely with traditional leaders and provincial offices to ensure that these issues are dealt with as expeditiously as possible. The Commission is committed to investigating religious institutions that violate community rights and where this occurs; communities are encouraged to report it to law enforcement agencies.

On the issue of COVID-19 the Commission is considered to be an essential service and has released media statements to appeal to people to comply with the lockdown regulations. The Commission is constantly monitoring compliance and responding to concerns from the CRL Rights communities which have been raised in the media around South African’s need to work together to mitigate the virus.

Briefing on the Commission’s Strategic Plan and Annual Performance Plan for 2020/21 and its budget

Mr Edward Mafadza, CEO:  CRL Commission, took over from Professor Mosoma and referred Members to the presentation slides for the summary of the mandate of the Commission.

The Chairperson asked Mr Mafadza to skip over this entire part of the presentation as some of it had been touched on by ProfMosoma and in the interest of time so that the Committee needed ample time to engage with the Commission.

Mr Mafadza said that the Strategic Plan for the Fiscal years 2020-2025 and the Annual Performance Plan for 2020/21 have been captured in line with the new framework. The Commission’s work will contribute directly and indirectly to social cohesion and safe communities.

The Commission embarked on a program in which it had dialogues with various municipalities, communities and its traditional leaders in provinces which the Commission had never visited before such as Mpumalanga. The Commission conducted a research project on African cultural traditions, customs and marriages. The aim of this was to highlight rituals that took place during African marriages and to shape and inform legislation. He stated that all programs have achieved their intended targets. Performance agreements are aligned with outcomes. On the Strategic Plan, he said the Commission has stuck to its vision and mission to enforce the rights of the CRL communities such as transparency, responsiveness and mutual respect. Municipal bylaws have also been evaluated and advice has been offered to Parliament to check whether its policies are aligned to the rights of CRL communities.

The Commission has established community councils and will work with them to ensure they understand the purpose and work of the Commission, and the councils will serve to complement the commission in its work. The Act also requires the Commission to create a database of experts on culture, religion and language and the Commission is in constant engagement with them. The Commission aimed to produce four research reports on the topics that will be dealt with in 2021. Some of the topics are language related. The Commission will also ensure information dissemination through any platform available to it such as the media, and will work to improve its IT infrastructure. He referred to the challenge that the Commission has experienced in that it works in the cities, but it was slowly moving toward the rural communities. This was depicted by a picture of a figure walking on a rope. He pointed out that the Commission did not have provincial offices.

He stressed that the Commission should be prioritised in terms of resources allocated to it in future in order to increase its capacity as this has been a recurrent issue.

Discussion

Ms P Xaba-Ntshaba (ANC) said that the CRL did not present anything on the lockdown in its presentation. She asked if there was any alternative strategy or criteria in place to educate communities about the COVID-19 pandemic and social distancing. She asked if the CRL had a budget for this. She said that she thought the CRL would condemn people who did not adhere to the COVID-19 lockdown regulations.

In relation to the CRL Commission’s involvement in the COVID-19 command teams, this is not the Committee’s call to make as the team is led by government and the Commission is not a part of this. The Commission was only present at a meeting between government and traditional and religious leaders where they were briefed on COVID-19.  The Commission was not present at a different meeting where government consulted religious leaders on the lockdown. In both meetings, religious leaders concurred with the lockdown. They agreed that the sanctity of human life was more important and that the lockdown was not going against or disrespecting cultural and religious rights.

Mr C Brink (DA) said he found it interesting that the CRL commission had very little measures in place for the advancement of linguistic communities. He said if one searched for “language” in the strategic document, one would find that these documents are generic. He said there was not a particular project, ambition or goal, it simply refers to platitudes. He said indigenous languages and literacy need to be promoted. He asked why the CRL was not taking initiative on this and wanted to know if this was because communities were not enquiring about indigenous languages. He asked if this project was too difficult for the Commission to undertake.

Mr K Ceza (EFF) said documents were disseminated to Parliament in two languages, he asked what measures the CRL has put in place to ensure that other languages which are protected in the Constitution are active. He said Parliament needed to lead by example to actually protect the languages and the dignity of people. He spoke on the issue of patriarchy and the Spatial Planning and Land Use Management Act which states that traditional councils need to be transformed. The Act stipulates that 44% of people in traditional councils must be women. He asked what the CRL Commission was doing to ensure the protection of women’s rights within traditional institutions. He referred to a case which he heard on SA FM about the SPCA which was forced by government to inject animals. He asked how much work the commission had done in relation to the slaughtering of cows and the views of the SPCA on cultural practices by Black people in South Africa. He wanted to know whether the commission has joint programmes with the Health Department during COVID-19 to promote “umhlonyane” (commonly known as African wormwood) for its healing properties. He asked what the role of traditional and religious leaders was during the COVID-19 period and. wanted to know why they did not form part of the command teams. He asked if there was an active dialogue which could be activated particularly in rural areas to drive African values as opposed to the received values of the West. He said he was not against the received values of colonialism and the west, but felt that the received cultural practices of the west must be inculcated with African cultural practices. He said driving African values would give rise to moral regeneration.

Prof Mosoma said that in order to create a dialogue that promotes African value systems; the Commission has embarked on a plan and has discussed different dialogues which will be pursued. One of the dialogues refers to values to create religious, cultural and linguistic cohesion. The Commission is working on a value system that appeals to everyone and which underpins tolerance, respect and friendship. In pursuing an African value system we would need to recover the economic value system of our people

In relation to slaughtering and sensitivity to people’s cultural rights to do this is not something that can be denied to anyone and it is simply a matter of informing the people around you that it will take place if this is in an urban area.

Ms H Mkhaliphi (EFF) made an example and referred to a man who was travelling from town to a rural area. She said Professor Mosoma’s presentation did not reflect that he was willing to work in rural communities. She asked why the CRL Commission did not set up office in rural areas. She wanted to know which of the Commissions programmes deal with the promotion and protection of religious, cultural and linguistic communities that is in partnership with the Department of Basic Education. She warned that if the commission did not do this even on a basic level, the youth will not be convinced of the commission’s work. She said former model C schools did not teach black children their languages and the Department of Basic education also did not have a programme dedicated to this cause. She said this would result in a child who did not speak his own language and that coconuts were being bred. She asked the Commission to ensure that it had a coordinating programme with the Department of Basic Education. In relation to the resolution of conflict amongst and within cultural, religious and linguistic communities she said that if the issue of racism was not addressed by the Commission, it would remain irrelevant. She asked what the role of the CRL Commission was during COVID-19. She referred to a wedding that was shut down during the lockdown and a couple who were consequently arrested. She asked how the Commission balanced its role during COVID-19 as the country operates under the Disaster Management Act and wanted to know how it intervened in communities. She asked if the Commission heard what the president of Madagascar had said and what its perspective was ad per its policy mandate. In relation to investigative hearings on initiation deaths, she asked how this related to the Bill which was in place and wanted know how the Commission contributed to the Bill. She said initiation schools were a cause for concern as young children were dying there. She said she agreed with Mr Ceza’s position that the Commission was silent on the issue of patriarchy and said it was protecting cultural practices which are oppressive to women. She asked the Commission to address these issues in rural areas. In terms of recycling of graves and the Commission’s role in assisting to find alternative burial spots for traditional leaders, she said black communities would not support this as they believed all black people would need to speak to their ancestors after death and not only the traditional leaders. She said the CRL Commission should present a solution or programme that speaks to the black community at large.

Professor Mosoma said that the commission was not so focused on where its office was stationed, but felt that it needed to deal with decentralisation as a model of work. He said regardless of where the office was located, it would still be limiting toward other places. If issues of decentralisation and partnerships are created with other government institutions and finding funding to ensure that the Commission has foot soldiers on the ground in areas where people are directly affected will help. He added that this would only help the Commission if it had the budget.

In relation to partnerships with the Department of Basic Education, Prof Mosoma said that the public must begin to focus on this issue. The Commission has indicated previously that it is in talks with schools to have debates on religion, culture and language so that these issues are no longer abstract, but emanate from the classroom. He said it was important that as languages were promoted they become languages of record, for example when going to university; one should be able to write their dissertation in their mother tongue.

In terms of recycling graves, he said the Commission had addressed the issue and found that certain graves were recycled because some owners of graves could not afford to place a headstone on the grave. In this case the remains of the deceased person would be removed and a new corpse would be placed in the grave. Here the Commission suggested that graves be recycled between members of the same family and in this way when rituals are performed at graves, families will not be talking to a body which does not belong to them.

He referred to the issue of patriarchy and said the Commission’s role was to protect the rights of cultural, religious and linguistic communities. He said these rights must be dealt with as effectively and expeditiously as possible. He said many women had reported to the CRL Commission, not only on the oppression faced by women in rural areas, but also urban areas. He said the Commission had a list of women who were being oppressed in a certain church environment and that an organ of state has been informed of this. The CGE has been called to intervene in a collaborative manner to solve this is. He said some of the issues would appear in the media in the coming weeks.

In relation to conflict resolution, Professor Mosoma said that racism must be taken into account. He said one of the challenges faced in achieving social cohesion is racism among other things such as economic inequality and exclusion. It was important to ensure that people participate in the economy as a way of earning their dignity as in this way they would participate in social cohesion.

Ms G Opperman (DA) referred to research and policy issues. She said there are very few examples of the CRL Commission relating to major issues. She asked about the Hate Crimes and Hate Speech Bill, particularly its impact on religious communities and added that the CRL has been silent on the Bill for a long time. In the proposed new Marriage Act the intention is to consolidate all acts and marriages in a single stature. She said that there were a lot of policies and legislation which affected cultural, religious and linguistic communities and that the CRL Commission has been silent on the CLE and the Children’s Act and wanted to know if budget constraints were preventing the Commission from adding their voice to these issues. In relation to the NCC report and the adopted resolution, she wanted to know how the Commission would go about inviting religious organisation and if it had the budget for this. On public education and community engagement, she wanted to know if the Commission intended to visit communities where abuse and malpractice, non-compliance with the law and bad governance was taking place to educate the communities, particularly pastors about their legal rights. She asked how much the Commission has budgeted for education. On investigations and conflict resolution, she wanted to know if there is a lack of legal capacity and if there would be an investigation into excesses of legal fees incurred in the current year.

Prof Mosoma said the Commission has contributed very little to research and policy formulation. He said the Commission’s contributions should reach the Portfolio Committee at some stage. In relation to the Hate Crimes Bill, the Commission participated with religious leaders on whether using biblical language could be criminalised. The Commission tried its utmost to protect religious leaders in terms of preaching from their own texts as long as this was not criminal. He said the Commission did have budgetary constraints and it has resolved that the database issue would be placed at the centre. However, the issue of resources has not yet been addressed as creating a reliable database which government can also rely on for its work would be quite costly.  

The Commission has to a certain extent participated in this as most issues in the bill were also raised in the commercialisation of religion and in relation to circumcision. The Commission should ensure that there are institutions in place to protect cultural rights, thus we support what is contained in the bill in order to protect the lives of our youngsters in initiations schools. 

On the issue of legal fees and whether investigations had been done that the Commission had looked into legal fees and it has found that the cost was not excessive therefore the Commission is satisfied with the outcome of the investigation.

Mr A Gxoyiya (ANC, Northern Cape) said he was disappointed that the Commission has only asked to be taken into consideration. He said he wanted the Commission to present its challenges and constraints to the Committee so that it can come up with an intervention strategy where possible. He said he would have loved to see a list of members from the Commission which shows their language proficiency and if there is someone on the Commission who can speak sign language. He said the Commission should note the issues on the interpretation services in Parliament. He said the office of the Commission was a cause for concern, because many issues occur in traditional rural areas.  He said many children who die at initiation schools are the children of single women where a male figure is not present to intervene on their behalf. He stressed that if the Commission was localised it could be instrumental in terms of intervening for those who cannot represent themselves and thereby prevent some of the issues that occur. Localisation should be a priority and the Commission should see this as a priority. He said it did not necessarily need to have a fully-fledged office and form partnerships with local government to take up a space within the municipality. He suggested the Commission get volunteers and offer them a stipend as members on the Commission would not be able to reach out to every part of the community. He said traditional herbal remedies needed to be mainstreamed as most ingredients in western medicine included traditional African herbs which have been modified.

He said in relation to language proficiency the Commission has a pedigree in relation to its composition of men and women who would be able to pursue the issue of languages quite expeditiously. The Commission has deployed people to areas where language has been an issue in order to support the Commissions work in the community. He said in terms of deaths in initiation schools, decentralisation addressed this issue. He added that the Commission was working with traditional leaders, provincial leaders, municipalities and community councils who can also intervene when there is an issue.

Prof Mosoma said that in relation to herbal medicines, the Commission has been delayed in issuing a statement, but it supports collaboration between medical institutions and traditional healers. Professor Mosoma said this could be done through the African Institute for African Herbal Medicine.

Mr S Zandamela (EFF, Mpumalanga) asked what role the CRL Commission played in the Traditional Courts Bill.

Ms M Mmola (ANC, Mpumalanga) asked what the role of the CRL Commission is during the COVID-19 pandemic. She referred to projects that were completed in 2019/2020 and said the Commission reported that it embarked on a programme called ‘Taking the Work of the Commission to Unchartered Areas’. She asked if the Commission could assist the committee in identifying which part of the 2019/2020 APP mentioned this programme and its allocated budget. She asked what role the Commission was playing in the realisation of the 2020/2021 APP’s objectives and if it could provide examples of the commissioner’s meaningful contributions. ‘What objectively verifiable indicators are present to determine how well the Commission is contributing to its goals of social cohesion and nation building’?

Prof Mosoma said the Commission continues to play its role during the COVID-19 pandemic and responds to issues as it is informed of them by communities. In relation to the Commission’s meaningful contributions, the Kader Asmal report changed things where the Commission is more community focused and less office/business focused. The reason resources go into the office-focus is because its maintenance is much higher than the amount of money the Commission has to do the work. Mr Hoosen was correct in that what the Commission has left of its budget is in the region of 20-25% to do its work. The tangible examples of how the Commission has promoted social cohesion are through its engagements with and public education within communities. He highlighted that the progress the Commission made was at a snail’s pace, but said this helped to create a socially cohesive society.  

Mr B Luthuli (IFP) asked whether all the relevant representatives of the faith-based organisations have been consulted on the proposed regulations as per public participation requirements. If not, why? If yes, what are the relevant details? He asked whether the CRL Commission has exhausted all avenues to gather public comment on the regulations proposed for faith-based organisations. If not, why? If yes, what are the relevant details? He said he was concerned about a certain type of Muti and made mention of Umhlonyane which Africans used. 

Prof Mosoma said faith-based organisations were consulted by government. The Commission supported the use of African traditional medicines.

Mr I Sileku (DA, Western Cape) asked a question but this could not be heard as there was a technical issue which distorted the sound.

Mr H Hoosen (DA) said he did not have a question, but wanted to share an experience with the Committee and make a brief comment instead. He referred to the latter part of last year when the CRL Commission made a presentation to the Committee and said he had raised concerns about the rising tensions in the Indian community, fireworks and its effect on animals during the Diwali celebrations. Within a matter of days of this issue being raised the Commission immediately took steps to bring the various communities in Durban together to start a social dialogue to promote a level of tolerance between the two communities. He added that a lot more work needed to be done in terms of cultural rights of the Indian community around Diwali. He reflected that the Commission has played a role in conflict resolution and its intervention had positive effects on the ongoing tensions. He added that he would like to see more of that from the Commission. He expressed that he appreciated their rapid response. He commented on the importance of the Commissions work and said he agreed with all other Members comments such as the lack of activities around language and cultural rights. The Commission should engage communities more actively. He stressed that the Commission’s funding model should be carefully considered as for the current financial year the Commission’s budget was R47 million. The value of food parcels is R67 million which is much more than the Commission has. He said the issue of intolerance was largely due to the fact that people did not understand one other’s cultures and do not have sufficient respect for one another‘s languages. If social cohesion is to take place, much more money needs to be invested in the Commission in order for it to do its work. More than 70% of the Commission’s money goes toward paying salaries and administration costs which leaves 20% or more for the work that needs to be done and this is insufficient. He said the amount of money spent on catering in parliament was also more than the Commission’s budget. He stressed that the amount of money given to a commission as important as the CRL should be at the top of the committee’s agenda.

Mr G Mpumza (ANC) asked the Commission to present on how it was promoting and protecting cultural and linguistic rights and wanted to know how COVID-19 and the lockdown has impacted on the work of the Commission. ‘What is the view of the interface organisations in relation to the COVID-19 lockdown’? ‘How has the Commission struck a balance between the regulations of COVID-19, the lockdown and freedom of religion’? The Commission is refocusing its efforts and rediscovering diminished cultures and languages and given that accessing community’s is a challenge, how far has the lockdown impacted on this. In relation to traditional healers and the fact that Madagascar has presented an organic medicine as a cure to COVID-19, he wanted to know what the Commission has done now that traditional healers have mobilised around umhlonyane as a cure and asked what its view is on this issue. He said traditional healers have told government that they have not been included in the relief fund.

Prof Mosoma said in relation to how the COVID-19 has impacted on the rights of communities’ some rights are conducted in a group fashion which has been limited. Traditional leaders have also been streamlined. He said the challenge the Commission has is between life and rights as only the living can exercise rights. He stressed that the lockdown from the Commission’s perspective was not to punish communities.

In terms of the Commission balancing its role during COVID-19, the Commission has monitored situations, but it has been unable to go everywhere and in this case has released media statements to condemn acts militating against the cultural rights of people. The exception to this is when the lockdown regulations itself has been violated as this is beyond The Commission.

Mr Sileku asked if the Commission’s work was well understood by the masses which it should be engaging with such as traditional healers. He reflected on remarks made last year that the Commission had its own agenda and wanted to close churches. He said this was worrying and that the Commission needed to ensure that there was nation building. He asked what other strategies the Commission had in place to ensure nation building. There was a technical issue and further comments could not be heard [refer to audio at 01:49:40].

He said the Commission was at some point asked to close a church, but it had said that this was not part of its role. He reiterated that the Commission’s sole responsibility is to protect the freedom of religion which is conditioned upon the respect of human dignity. Human dignity is sacrosanct and cannot be negotiated. The Commission interacts with communities and they are aware that it does not close down churches. The communities know what the role of the Commission is.

Mr E Mthethwa (ANC, KwaZulu-Natal) said that the CRL Commission had dealt with a good program last year which Mr Sileku had referred to. He said the program was meant to find a way to regulate the issue of churches after witnessing people drinking petrol and other things. After the public hearings by COGTA, he asked what the way forward was and how far this program had come in terms of carrying out its work. He asked further what program the Commission had in place for churches this year and who would fund the imbizo’s for such programs.

He said the new Portfolio Committee has been addressed by the commercialisation of religion report and this is an ongoing dialogue. The Commission was also meant to have discussions with religious leaders about this, but due to COVID-19 it did not happen.

Ms Z Ncitha (ANC, Eastern Cape) asked about the recommendation of Professor Mosoma on the establishment of the Community Council. She said it was not clear what challenges were faced in establishing such a council. She asked what Professor Mosoma needs from the committee in order to assist him in establishing such a committee. She wanted now what plans the Commission had to continue engaging with communities. She referred to evaluation of bylaws and said bylaws were drafted by municipalities and wanted to know what the Commission has picked up on this issue. She said a Bill has recently been passed on the Khoi and San people and pointed out that the Commission had not mentioned a program about it engaging with the Khoi and San communities in relation to a suitable language for them. She asked the Commission to engage on this issue.

Prof Mosoma said there were 300 community councils which were established. The Commission cannot launch physical programs due to the lockdown, but as it moves into lower stages of the lockdown its programmes will continue. If the lockdown will be a new normal then online programmes can be developed to deal with issues. The downside is that rural communities would not benefit from this. In relation to bylaws, the Commission discovered that some bylaws do not promote the interests of cultural, religious and linguistic communities and has seen Church leaders in Johannesburg who were arrested for no apparent reason. He said the commission still working on the resurrection issue of Prophet Lekau to establish whether the person he claimed he raised from the dead was actually dead or if it was some kind of commercialisation of religion.

Prof Mosoma said in relation to recognising Khoi and San languages, the Commission was at the level of promoting the language. The Commission was able to attend the launch of the Khoi and San dictionary in the Northern Cape and there are classes taking place in these languages in the Eastern Cape.

Chairperson Dodovu said he supported all Members who said the Commission would not be in apposition to carry out its mandate with its allocated budget. He said the Committee needed to consider how it could assist as the Commission’s work was very important. He said the churches have been doing things that are not aligned with practices in South Africa and added that they need to be monitored. He stressed that with the budget the Commission currently had, it would not achieve its objectives. 

Chairperson Muthambi said that the visibility of the CRL Commission in rural areas was challenge. She asked how the CRL would address this issue. She asked if there were any other challenges the Commission was facing in achieving its mandate. She said the Commission has been accused of not properly performing its oversight role and asked what the Commission was doing to strengthen this. She said religious leaders have infringed on the rights of people and wanted to know what the Commission would do to prevent the infringement of human dignity.

The Chairperson asked if the Deputy Chairperson of the CRL Commission, Dr Sylvia Mmamohapi Pheto, had anything to add.

Dr Pheto spoke on the capacity of traditional leaders and whether the Commission assisted in building their capacity. She said that on Monday this week the Department had indicated to the Commission that it was in the process of finalising plans to capacitate the traditional leaders.

Mr Mafadza spoke to the issue of unchartered areas and said the budget in the public education was used as the Commission lacked funding. He said the Commission’s work was continuing via desktop and it was using other research methodologies. It has received a document from government to give input on COVID-19 and that this would be sent back soon. In comparison to 2007 when the Kader Asmal report was issued, the Commission has tried its utmost best to shift its focus from business to communities. With more resources, the Commission would be more flexible to communities.

Deputy Minister Bapela said he wanted to touch on a few issues. Although the commission does not have enough resources, it does still participate in useful activities of government such as being a part of the task team of communal land and resolutions which looks at the security of tenure and ownership. He said traditional leaders were persuaded not to practice this year. Initiation is not only an issue in rural communities, but has come up in urban areas such as in Johannesburg, Orange Farm and the Vaal areas. Children have also been kidnapped in Limpopo for initiation practices against their and their parents will. In relation to bylaws noise complaints were received when people performed rituals such as Diwali. Concerns in relation to the budget of the Commission have been raised and the department intends to engage with the treasury on this. He said that he wanted to answer one of Ms Mkhaliphi’s questions and added that the Commission had the powers to investigate anything that was discriminatory and this included tribalism.

Mr Gxoyiya said that the Commission should begin to engage on the issue of mainstreaming herbal remedies and not necessarily confine this to ‘umhloyane’. He added that not every town has a herbal store.

Mr Hoosen suggested that the Committee make a recommendation in relation to the funding issue of the Commission.

Chairperson Muthambi said that the Committee was meeting again on the 15 June to deal with the report itself and this matter will be attended to seriously for recommendations.

The meeting was adjourned.

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