Committee Reports: CGE Commissioners remuneration; Uyinene Mrwetyana Foundation Petition; Oversight Visits; GBVF Emergency Response Action Plan

Meeting report

The Chairperson greeted Members in attendance on the virtual platform.

She reported that Ms Masiko had indicated that she would be on the platform later as she was on a flight when the meeting commenced.

The Committee also received an apology from Ms N Sharif (DA) as she had a political party commitment to attend to.

The agenda of the meeting was flighted and was agreed to by Members.

Consideration and adoption of the draft report on determination of salaries of the Commission for Gender Equality (CGE) for 2021/22

The Secretariat flighted and read the letter sent by the Presidency to the Speaker of the National Assembly on the determination of the remuneration of the public office bearers of the independent constitutional institutions for the 2021/22 financial year.

The Committee focused on the determination of salaries and allowances of Commissioners for the CGE.

The Chairperson explained that Committee Members need to consider whether to adopt the three percent salary increase for Commissioners at the CGE.

Ms M Marekwa (ANC) moved to adopt and Ms T Masondo (ANC) seconded the adoption.

The request by the President was duly accepted.

Read: ATC220906: Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the Draft Notice on the Determination of Remuneration of Independent Constitutional Institutions, dated 6 September 2022

Correspondence sent to Committee Chairperson

The Chairperson read a letter from the Corruption Watch. In the letter, the Corruption Watch complained to the Committee that insufficient information was provided to facilitate public participation in the appointment of Commissioners at CGE. Corruption Watch viewed that the information released on the candidates and the character limitation would not give sufficient meaningful participation in this appointment process. Corruption Watch strongly urged the Committee to follow the precedent set by other parliamentary committees to publish redacted CVs of those candidates on parliament’s website and asked the Committee to allow comments to be directly sent to the Committee Secretariat. It also urged the Committee to adhere to the recommendations set out by Chief Justice Raymond Zondo in his final report in the Judicial Commission of Inquiry into State Capture Report which recommends that Parliament needs to consider whether it is desirable to amend its own rules to give effect to the proposals by Corruption Watch on appointments by the legislature.

The Chairperson requested that the letter be circulated to Members.

The Chairperson sought clarity as to what the committee had not done.

Ms Kashifa Abrahams, Committee Content Advisor, indicated that legal advice had been sought about what is required lawfully to put in terms of public comment concerning the candidates that were shortlisted.

She explained that instead of an email to the Secretary, the public was asked to fill in their comments in a Google Form format. She acknowledged the 2000-character limitation of approximately two pages of written commentary. Past experience informed that character limit decision because most of the comments received from the public usually consisted of one to one and a half pages. She added the Committee could advise if the character limitation needed to be extended.

The Chairperson sought clarity if the CVs or only the qualifications were published.

Ms Abrahams replied that the advice that they had received from Dr Tembe and the Office on Institutions Supporting Democracy (OISD) indicated that in terms of the Protection of the Personal Information Act (POPIA), what is permitted to be put out in the public domain for public commentary are the candidates’ names, surnames, and qualifications. This information was made available on an excel spreadsheet.

Dr Herman Tembe, Legal Advisor, OISD, Parliament, explained that after consultation with senior colleagues in legal services, Parliament was of the view that what can be published on its website in terms of POPIA are the names, surnames, and qualifications. He highlighted that previously some candidates would contend with having qualifications they did not have and cited the late SABC Chairperson, Ms Ellen Tshabalala, as an example. The preamble of the POPIA states that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination, and use of personal information. He quoted section 2 of the POPIA which explicitly states the purpose of the Act.  He further highlighted that the Act must be interpreted in a manner that does not prevent any public or private body from exercising or performing its powers, duties, and functions in terms of the law as far as such powers, duties, and functions relate to the processing of personal information and such processing is in accordance with this Act or any other legislation, as referred to in subsection (2), that regulates the processing of personal information. In his view, the letter was abstract.

The Chairperson thanked Dr Tembe. She requested assistance in responding to the letter. She had a similar understanding about POPIA that they needed to protect the private information of candidates. The Committee could not expose itself by publishing private information of individuals. What Parliament has published in terms of the Act is sufficient.

The Chairperson said all Committee meetings are open to the public and the Committee had not held a single closed meeting. She asked for assistance in responding, and indicated that the relevant policies and legislation should be quoted.

She believed that the 2000-character limitation is more than sufficient. Should there be more information, the public is more than welcome to send the information to herself or the Committee Secretariat.

Dr Tembe read sections 11 (1) and 13 of the POPIA. Being a responsible party, the Committee had to collect candidates’ information to assess their suitability for the vacant positions. The public needed to comment on whether those candidates qualified based on the qualifications released on Parliament’s website.

The Chairperson thanked Dr Tembe and invited Members to comment.

There were no comments or objections.

The Chairperson indicated that a response has to be sent.

Draft report on the petition calling for the Assembly to establish the National Council on Gender-Based Violence and Femicide

The Secretariat indicated that this was the report that had been brought forward by Ms Sharif requesting the National Assembly to establish a National Council on Gender-Based Violence and Femicide.

Mr L Mphithi (DA) commended that the Committee’s adoption of the report would be a huge step in the right direction and send a positive signal to the public that the legislature is taking petitions seriously.

Ms Masondo sought clarity from the Chairperson whether the report should be considered a Committee report instead of Ms Sharif’s report because all Committee Members had worked together as a team and produced this report.

Ms M Hlengwa (IFP) supported Ms Masondo’s suggestion.

The Chairperson believed it only right because the recommendations made in the report were of Committee Members’ inputs. Thus, the report belongs to the Committee. She further recalled the Committee’s lengthy discussion with the Mrwetyana Foundation.

Ms Abrahams affirmed the Chairperson’s view and indicated that all views expressed in the report are the Committee’s positions.

The report was duly adopted.

Read: ATC220906: Report of the Portfolio Committee on Women, Youth and Persons With Disabilities on the Petition Calling for the Assembly to Establish the National Council on Gender Based Violence and Femicide, dated 6 September 2022

Draft report on the Commission for Gender Equality Report on Government’s Emergency Response Action Plan (ERAP) on Gender-Based Violence and Femicide

The Secretariat read the report.

Ms Marekwa indicated the need to call the Secretariat of GBV and femicide council to report to the Committee on the work the council had done so far in November.

The report was adopted.

Read: ATC220906: Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the Commission for Gender Equality Report on Government’s Emergency Response Action Plan (ERAP) on Gender-based Violence and Femicide dated, 6 September 2022

Draft report on oversight visit to North West and Gauteng Province from 18 -23 April 2022

The report was flighted and read by Committee Secretariat.

Ms Marekwa expressed her appreciation for the support team in accompanying and assisting Committee Members during those long nights and compiling this report.

Ms Marekwa drew Committee’s attention to the special needs school Members who had visited on this trip. She highlighted the need for sign language teachers and the lack of guardians and matrons at the school. She suggested that those issues need to be followed up on.

Ms Marekwa wanted to know what the National Youth Development Agency (NYDA) was doing to assist the cases Members highlighted. She recalled the case of a young lady in Johannesburg who was running a laundry service and the other was a young man in the steel industry.

The report was adopted.

The Chairperson requested Committee administrative staff to make follow-ups with all the organisations that members had visited on this trip.

Read: ATC220906: Report of the Portfolio Committee On Women, Youth and Persons with Disabilities on an Oversight visit to the North West and Gauteng Provinces From 18 – 23 April 2022, dated 06 September 2022

Draft report on oversight visit to Eastern Cape Province from 3-6 July 2022

The report was on the Committee’s oversight visit to East London due to 21 young teenagers having died at a tavern in Scenery Park.

The Chairperson took members through the report.

The report was adopted.

Read: ATC220906: Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on an Oversight visit to the Eastern Cape Province from 03 -06 July 2022, dated 6 September 2022

Consideration and adoption of minutes

The Committee minutes for 23 August 2022, 24 August 2022, and 30 August 2022 were adopted.

The meeting was adjourned.