PORTFOLIO COMMITTEE ON ARTS & CULTURE Progress

slide1. PORTFOLIO COMMITTEE ON ARTS & CULTUREProgress report: addressing issues raised at oversight visits from 2014 to date 13 MARCH 2018<br>
slide2. Table of contents National Heritage Monument(National Heritage Project Company)
Samora Machel Museum
GRAP 103 Consultations with the Accounting Standards Board
Tfolalwati Payment
Community Libraries
Makhonjwa Mountains
Esther Mahlangu Legacy Project
Commissioning of Mural painting for DAC Headquarters
Matsamo Cultural Village
Enyokeni Cultural Precinct
Status Report of Entities:
PACOFS
Nelson Mandela Museum
War Museum of the Boer Republics
National Library of South Africa
PanSALB
KwaZulu-Natal Museum

DAC: Monitoring & Evaluation report 2<br>
slide3. PURPOSE OF THE PRESENTATION The purpose of the presentation is to provide an update on progress made in addressing issues raised at oversight visits by the Portfolio Committee on Arts and Culture from 2014 to date 3<br>
slide4. UPDATE ON THE NATIONAL HERITAGE MONUMENT (NATIONAL HERITAGE PROJECT COMPANY) BACKGROUND:

Following the recommendations by the Ernst and Young forensic investigation report, the Department sought and obtained a legal opinion via the Office of the State Attorney, Pretoria on how to deal with the contractual relationship between the National Heritage Project Company (NHPC) and the Department. (both the investigation report and legal opinion were previously shared with the Portfolio Committee) The Legal Opinion recommended that NHPC undertakes accountability as follows:

(a) FINANCIAL ACCOUNTABILITY
Accounts for each and every cent received and provide supporting receipts and or vouchers so that a proper audit on the full financial expenditure can be undertaken.
(b) ACCOUNTABILITY FOR THE PROJECT ITSELF
Realisation by NHPC that it has bare dominion or limited ownership of the statues and that it must account to the Department 4<br>
slide5. UPDATE ON THE NATIONAL HERITAGE MONUMENT (NATIONAL HERITAGE PROJECT COMPANY) CURRENT STATUS – FINANCIAL ACCOUNTABILITY

The Department through its appointed independent service provider embarked on a Financial Audit into the accounting records of the NHPC for the two funding agreements (R28 million and R32 million) respectively.
The Audit is in the reporting phase (draft report).
The draft report was discussed with the NHPC on the 19th February 2018 for noting, comment and, or submission of any further information/documents leading to the finalization of the report.
The Department has received the final report which is being reviewed and it is envisaged that a final signed-off report on the results of the financial audit will be issued to the Department by the 09 March 2018 to consider the findings and recommendations.
The report on the financial audit will then be subjected to a review by Senior Counsel through the Office of the State Attorney in line with the legal opinion which gave rise to the financial audit by end of March 2018, after which the Department will make its decision on its contractual relationship with the NHPC. 5<br>
slide6. SAMORA MACHEL MUSEUM A meeting was scheduled between the DGs of Arts and Culture (DAC) and Public Works (DPW) for 28 February 2018 where one of the projects to be discussed would be the Samora Machel Museum in Mpumalanga. This meeting was postponed at the request of the Office of the DG DPW. A new date has not yet been confirmed.

The outcome of these discussions will help DAC to determine how to proceed with the next phase of the restoration of the site. During phase one restoration the main challenge encountered by DPW in determining matters for remedy was the non-availability of the existing built drawings, designs and site plans.

All efforts to obtain plans from the Provincial Department of Culture, Sport and Recreation (DCSR) and Provincial DPW did not bear any positive results. The next phase will be determined by the outcomes of a structural analysis to be commissioned by the DPW which will determine if the site should be totally demolished and rebuilt or just permanently structurally restored. SAHRA has graded and declared the site as a national heritage site. 6<br>
slide7. PROGRESS ON GRAP 103REQUEST FOR EXEMPTION TO NATIONAL TREASURY The Department has applied to National Treasury for exemption from complying with GRAP 103 on behalf of its entities.
The Department requested the National Treasury to extend the transitional period to 31 March 2018.
As part of the DAC submission to the National Treasury, the Department requested that the Auditor-General defer the expression of audit opinion on compliance with GRAP 103.
The request for deferral of opinion was informed by a need to allow entities to phase in GRAP 103 using their limited financial resources due to budgetary constraints.
Approval for the exemption was granted by the Minister of Finance
Unfortunately this was not recognized by the AGSA based on the notion of fair presentation 7<br>
slide8. The department has consulted the Accounting Standards Board (ASB) on the 23rd January 2018
The department tabled the request to the ASB, that provision of GRAP103 be amended to allow entities to comply by keeping a complete heritage assets register and verification thereof. The department further requested that the requirement for disclosure of values of heritage assets be optional.
 The team from ASB acknowledged the letter requesting the above, but indicated that they will not support the request for the following reasons:
 Some of DAC entities and other provincial and municipal museums were able to comply with the standard
The process for special review of accounting standards takes time
Accounting standards are reviewed after five years of inception
They therefore suggested that the department arrange a workshop with all affected entities. The workshop would be attended by Chief Executive Officers and Chief Financial officers. The aim would be to identify and recommend possible solutions to the implementation of GRAP103
 The workshop was held on the 7th March 2018 PROGRESS ON GRAP 103CONSULTATIONS WITH THE ACCOUNTING STANDARDS BOARD 8<br>
slide9. GRAP 103Recommendations of the workshop The ASB noted the challenges faced by entities with particular focus on the natural sciences

The GRAP103 standard is due for review in 2019

The ASB committed to availing support to the entities

The entities have to comply with the standard until it is reviewed 9<br>
slide10. UPDATE ON THE TFOLALWATI PAYMENT The delay towards the payment was due to the fact that the project did not have a valid tax clearance certificate.
They were only able to get a tax clearance in December 2017
The departmental official in-charge of the project has been communicating with the Project leader and given feedback with regard to the payment.
Due to depletion of funds in the programme; this project will be funded in the new financial year.
The PC should note that this has been communicated to the Project leader, Ms P Mabanga. 10<br>
slide11. COMMUNITY LIBRARIES Responses to the challenges raised by the PC during the oversight visit in Mpumalanga Province:

Membership Fees:
The Department (MP Culture, Sport and Recreation) encourages municipalities not to charge membership fees, it is currently a prerogative of individual municipalities whether to charge or not.
The National Department has completed a Socio-economic Impact Assessment for the South African Public Library and Information Services Bill. The Bill will be submitted to Cabinet clusters for consideration in 2018/19 financial year. The Bill sets norms and standards for libraries
 
Ownership of public libraries:
In terms of schedule 5A of the constitution, the function of providing public libraries is an exclusive competency of provinces, therefore provinces manage and operate public libraries in partnership with municipalities. To this extent, Service Level Agreements are entered into between provinces and municipalities to regulate and provide library service to the communities. 11<br>
slide12. COMMUNITY LIBRARIES Staffing:
The Department (MP Culture, Sport & Recreation) has appointed a qualified Librarian for Sabie Public Library who resumed duties on the 2nd January 2018.
28 out of 40 posts have been filled since January 2018.

Operating Hours:
Library operating hours are a prerogative of individual municipalities.
 
Material:
The Department (MP Culture, Sport & Recreation) has phased out Sita Library Information Management System due to its inaccuracy and inefficiency especially on minor assets that led to a negative audit finding. The Department, through a service provider is in the process of developing a new Library management System that will address all challenges relating to library functions and its operations.

Other:
The upgrade of Thembisile Hani Library is currently underway and will address among other challenges water shortages, roof leakages, etc. 12<br>
slide13. MAKHONJWA MOUNTAINS PROGRESS ON THE NOMINATION DOSSIER
The Dossier was submitted in February 2017 to the Minister of Environmental Affairs to transmit to UNESCO.
The feedback from UNESCO was that the International Union for Conservation of Nature (IUCN), undertook a technical evaluation mission of the site in July 2017.
Following the IUCN Evaluation Mission, a decision to inscribe or not inscribe the site would be taken at the World Heritage Convention Meeting scheduled for June/July 2018 in Bahrain.

CHALLENGES ON THE NOMINATION PROCESS
The Department of Mineral Resources does not support the Nomination as there has been a high concentration of a range of minerals discovered within the Barberton Mountain Land. 13<br>
slide14. MAKHONJWA MOUNTAINS The role of the Minister of Arts and Culture in this process:
The Minister of Environmental Affairs is mandated to implement the 1972 World Heritage Convention.

The Minister of Arts and Culture, whose Department has expertise in Cultural Heritage, provides technical support and advice to the Minister of Environmental Affairs with respect to World Heritage Sites whose Outstanding Universal Value is Cultural Heritage.

The NHC, which is an Agency of the DAC, provided funding to the research process for the nomination in question.

The SAHRA, is currently working on a parallel process of protecting and declaring sites of National Heritage significance. 14<br>
slide15. Esther Mahlangu Legacy Project Following the imbizo hosted by the Honourable Deputy Minister at Ms Mahlangu’s homestead on 20 October 2017, a task team was set up to work with and support the Esther Mahlangu Foundation.
The task team comprises of the Esther Mahlangu Foundation, Departments of Arts and Culture (DAC), Tourism (NDT), Rural Development and Land Affairs, the Mpumalanga Tourism and Parks Agency, the Dr JS Moroka Local Municipality and the Nkangala District Municipality. The provincial Department of Economic Development and Tourism and the Steve Tshwete Local Municipality have been invited to be part of the task team.

The task team has undertaken the following:
Initiated processes towards the establishment of a community art centre in Mthambothini in honour of Ms Esther Mahlangu.
Following up with BMW South Africa on the promise made to Ms Mahlangu to renovate her homestead.
Received a response from Business Arts South Africa (BASA) who have lobbied the ProBono Organisation to assist the Foundation with legal support on legal and contractual, intellectual property, and exploitation issues that Ms Mahlangu has brought to government’s attention. 15<br>
slide16. Commissioning of Mural painting for DAC Headquarters The Department has commissioned Ms Esther Mahlangu to decorate a wall in the DAC reception as part of the relocation project from the old building to the recently occupied DAC Headquarters. 
The 1st artwork will be painted on the public foyer wall at the reception and the second artwork will be a design mock-up that will be printed on a  large scale building wrap to be mounted around the exterior of the building for the public view.
Work commenced on 10 March 2018 on the first artwork in the reception areas and is scheduled to be completed by 24 March 2018.
The design for the artwork of the building wrap has been submitted and the artwork is scheduled to be mounted on 13 April 2018 and this will be followed by the official unveiling
All these artworks are designed by Ms Esther Mahlangu assisted by her students 16<br>
slide17. Matsamo Cultural Village Following the Portfolio Committee visit to Matsamo Cultural Village and subsequent internal discussion within the DAC, it was proposed that Matsamo can apply for assistance under the following MGE work streams :

1. Community Arts Refurbishment Programme. ( for refurbishment and reconstruction)
2. MGE Cultural Events Programme. (funding for programming).

A meeting between DAC official and Management of Matsamo will be held between 15 and 19 March 2018 to discuss the above proposal and the long term sustainability of the Matsamo Cultural Village.

In the said meeting the Province will be invited for purposes of alignment and monitoring progress. 17<br>
slide18. Department (DAC) is currently engaging with KwaZulu-Natal (KZN) Provincial Government in particular the Director-General in the Office of The Premier (OTP) regarding the management and implementation of the Departmental Heritage Projects that are implemented in KZN.
Both DAC and OTP are working on the development of the Memorandum of Understanding as the framework to regulate the collaboration and cooperation by both parties. The MOU will articulate the roles and responsibilities of each stakeholder.
The engagements that have taken place between DAC DG Mr V Mkhize and KZN OTP DG Dr N Mkhize resulted in the establishment of a Task Team. 18 ENYOKENI CUL:TURAL PRECINCT<br>
slide19. The Task Team, consisting of key Units from each office and the KZN DSRAC are mandated to work on drafting an MOU as the framework to regulate the collaboration and cooperation between all three spheres of government for the implementation of the DAC Heritage Projects in KZN
The first meeting of the Task Team was held on Wednesday 7 February 2018, convened by the OTP to begin with development of the draft MOU.
The process of drafting the MOU is still underway, with legal representatives from all stakeholders engaged in the process.
The DAC has been liaising consistently with the appointed representative from the Royal family.
It is suggested that once the MOU has been finalised, with clear articulation and consensus on roles and responsibilities, that a high level delegation visit the Royal Household.
The purpose of this delegation would be to inform His Majesty of the next steps, based on the MOU.
This planned visit should take place once there is clarity on the following: Costs of completion of Phase 1; Completion approach; and, Timelines. 19 ENYOKENI CUL:TURAL PRECINCT<br>
slide20. ENTITIES 20<br>
slide21. NATIONAL ARTS COUNCIL 21<br>
slide22. INVESTIGATIONS 22<br>
slide23. INVESTIGATIONS 23<br>
slide24. INVESTIGATIONS 24<br>
slide25. EXTERNAL INVESTIGATIONS 25<br>
slide26. DITSONG 26<br>
slide27. Ditsong Museums of South Africa 27<br>
slide28. Ditsong Museums of South Africa 28<br>
slide29. Ditsong Museums of South Africa 29<br>
slide30. DITSONG MUSEUMS OF SOUTH AFRICA INFRASTRUCTURE

On the 22nd November 2017 DPW and DAC met to discuss the DMSA infrastructure projects. The buildings that are occupied by the museums are under custodianship of the DPW, and therefore the maintenance and / or upkeep of the buildings is the responsibility of the DPW. DPW does not have sufficient budget to maintain all the buildings that are occupied by the museums, including the DMSA.

During the discussions, DPW confirmed that DMSA buildings will not be renovated soon as there was a moratorium put on new projects which was a result of financial constraints.

DPW has over committed its budget for 2018/19 financial year.

During the budgeting process, the DAC included the following DMSA projects in the 2018 Estimate of National Expenditure (ENE) based on the User Asset Management Plan which was submitted by DMSA: 30<br>
slide31. DITSONG MUSEUMS OF SOUTH AFRICA …cont 31<br>
slide32. DITSONG MUSEUMS OF SOUTH AFRICA CURRENT STATUS

The committed funds for the 2018/19 financial year allocation for DMSA of R21 000 000 was approved by National Treasury.

The funds will be transferred to DMSA during the 2018/19 financial year upon receipt of the required documents. 32<br>
slide33. PACOFS 33<br>
slide34. GOVERNANCE STATUS Noteworthy that PACOFS had a fully constituted Council since 2014. Resignations did occur during the period (2014-2017) and the DAC was able fill the vacancies
To ensure that governance is effective the newly appointed Council went through a 2day Induction workshop to address governance issues and was followed by the entity specific induction where DAC was also represented. 34<br>
slide35. GOVERNANCE STATUS:CONT… 35<br>
slide36. LABOUR ISSUES 36<br>
slide37. LABOUR ISSUES: CONT.. 37<br>
slide38. LABOUR ISSUES:CONT.. 38<br>
slide39. PACOFS Infrastructure:

National Treasury conducted a forensic investigation on spending of the capital works budget and the report was submitted to the PACOFS Council to implement the recommendations.

DAC is still waiting for the report from PACOFS Council on the progress regarding implementation of the National Treasury recommendations 39<br>
slide40. NELSON MANDELA MUSEUM 40<br>
slide41. NELSON MANDELA MUSEUM 41<br>
slide42. NELSON MANDELA MUSEUM 42<br>
slide43. NELSON MANDELA MUSEUM 43<br>
slide44. NELSON MANDELA MUSEUM 44<br>
slide45. PROGRESS TO DATE 45<br>
slide46. NELSON MANDELA MUSEUM 46<br>
slide47. Other infrastructure matters The Department of Arts and Culture (DAC) has initiated a rescue plan for the Qunu building project with the support of the following stakeholders:
Nelson Mandela Museum (NMM).
Department of Public Works (DPW).
Amatola Water Municipality.

Professional Service Providers (PSP) were appointed by the DPW for the Qunu condition based maintenance project.

The team met on the 19 February 2018, at Qunu Youth and Heritage Centre. The purpose of the meeting was to discuss the rescue plan to ensure that the Qunu Youth and Heritage Centre is opened in May 2018 and also to fast-track addressing of the challenges delaying the Qunu condition based maintenance project.

The interim measures plan:
The areas which needed urgent attention in order for the museum to be opened were identified.
The budget, the procurement plan and the Project Execution Plan (PEP) were discussed. The PEP and the rescue plan is attached. 47<br>
slide48. Other infrastructure matters Qunu condition based maintenance project:
DPW presented the PEP and the team identified the challenges. Interventions to resolve the challenges were discussed, adopted and recommended for DPW approval. DPW was requested to revise the PEP taking into consideration the programme for the Nelson Mandela centenary celebrations.

CURRENT STATUS
Qunu Heritage Youth Centre is still closed. There is no progress on the Qunu condition based maintenance and Bhunga Facilities Management Contract for maintenance. DPW will confirm the approval of the budget and procurement plan for the rescue plan to open the Qunu museum in May 2018. In the progress meeting scheduled for the 9th March 2018. The progress on the PEPs for both the rescue plan and the Qunu condition based maintenance projects including the Facilities Management Contract for the maintenance of Bhunga building will also be discussed 48<br>
slide49. WAR MUSEUM OF THE BOER REPUBLICS 49<br>
slide50. WAR MUSEUM OF THE BOER REPUBLICS: Artefacts 50<br>
slide51. WAR MUSEUM OF THE BOER REPUBLICS: Transformation 51<br>
slide52. WAR MUSEUM OF THE BOER REPUBLICS: Audit Findings 52<br>
slide53. NATIONAL LIBRARY OF SOUTH AFRICA 53<br>
slide54. PROGRESS ON THE OBSERVATIONS 54<br>
slide55. PROGRESS ON THE OBSERVATIONS continues…… 55<br>
slide56. PROGRESS ON THE OBSERVATIONS continues…… 56<br>
slide57. PanSALB 57<br>
slide58. EXECUTIVE APPOINTMENTS 58<br>
slide59. PanSALB: MATTERS OF INTERVENTION 59<br>
slide60. INVESTIGATION REPORT 60 Investigation into the allegations of financial mismanagement relating to the Pan South African Language Board from 15 June 2012 until 30 September 2014, was done by the National Treasury

Completed on 30 March 2015

Recommendation were:
That an in-depth forensic investigation be conducted to establish the validity of the appointment, validity of payments made to the service providers and verification of value for money to the institution, during the period under review;
PanSALB to refer the possible contravention of section 38, 39 and 40 read with section 86 of the PFMA by the then Caretaker CEO, in relation to the appointment of service providers, for criminal investigation by the South African Police Service;
Recommended that SAPS criminal investigation should also cover any possible elements of fraud and corruption, as a result of the report and results of the recommended in-depth forensic investigation.

The report was handed to the Board for implementation, however the Board was dissolved in January 2016.<br>
slide61. STEPS TAKEN BY PANSALB 61 PanSALB took a step to terminate some of the Contracts which were mentioned in the investigation report. Payments to a service provider known as Computer Service and Forensic Solutions were cancelled as there was no valid contract between the entity and the Board.

An R11 Million contract between the Board and Sithole Mzumbo Consulting was cancelled as there was no budget for the expense amongst other reasons.

Outstanding payments to these two entities were frozen as there was no justification of payments.

Another entity by the name of Ink and Feather for the development of fund raising strategy was also suspended pending further investigation.

A contract with Zanenza was also suspended and the company is suing the Board for outstanding commission.<br>
slide62. KwaZulu-Natal Museum 62<br>
slide63. KWA ZULU NATAL MUSEUM: INFRASTRUCTURE 63<br>
slide64. DEPARTMENT OF ARTS & CULTURE :MONITORING AND EVALUATION 64<br>
slide65. INITIATIVES TO MONITOR THE DAC PUBLIC ENTITIES…cont The Department of Arts and Culture (DAC) has established various oversight mechanisms /interventions to assist the public entities to achieve their targets as adopted and tabled in Parliament. These interventions are important in ensuring that the public entities are better managed and accountable through sound corporate governance and a performance management system. In line with the National Treasury guidelines, the public entities, submit their first and second drafts of the APPs (Annual Performance Plans) to the DAC before the end of August and November respectively.

Upon receiving the APPs, the DAC analyses the draft APPs, convene meetings to discuss their draft APPs and feedback is given to entities for final amendments. The feedback assist the entities to fine tune their plans and ensure that they are aligned to government imperatives relevant to the arts, culture and heritage sector. Subsequent to tabling the final approved APPs, the Minister signs shareholder’s compacts with the Chairpersons of all the DAC public entities, the shareholder compacts symbolises a performance contract between the Minister and the Council. The approved and tabled APPs are part of the shareholder’s compact documents. 65<br>
slide66. INITIATIVES TO MONITOR THE DAC PUBLIC ENTITIES…cont The Department has also developed a set of templates to ensure standardised reporting and to facilitate a consistent assessment of performance through the submission and analysis of the quarterly reports. Quarterly the DAC receives 25 quarterly reports which have to adhere and comply with the agreed performance analysis framework as guided by the National Treasury. The quarterly reports address both the financial and non-financial performance of the entities, ensure alignment of reporting against those targets presented in the Annual Performance Plan (APP) and the Shareholder’s Compact and more importantly outline the entities Audit improvement plans.

The quarterly reports form part of the Monitoring and Evaluation process which are supported by quarterly site visits to the entities to validate and verify the performance submitted. The quarterly visits focus on:

The performance of the entities(financial and non- financial)
The state of governance of the entities (constitution of Councils and all the Committees)
The relationship between the employees (stake holder engagement between the staff at all the levels)
The monitoring and tracking of the Audit Improvement Plan 66<br>
slide67. INITIATIVES TO MONITOR THE DAC PUBLIC ENTITIES To intensify the intervention on most challenged entities, the Department increased the number of site visit conducted and expanded the agenda that accommodates all the relevant stakeholders at the entity, namely, the Management, Labour Formations (Unions) and general staff members.

The Governance Unit has adopted an all-inclusive approach by roping in the supporting units of the department to assist with areas of specialty. These are HR, Legal, Risk, Line function and Internal Audit in assisting alleviating the challenges and mitigate the risk. 67<br>
slide68. THANK YOU 68<br>