Correctional Services Amendment Bill: Committee Report; Committee Reports on PPSA & SAHRC salaries

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Justice and Constitutional Development

06 September 2023
Chairperson: Mr G Magwanishe (ANC)
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Meeting Summary

The Committee met to consider and adopt three Reports, namely: a Report on the Correctional Services Amendment Bill and Reports on the Public Protector SA (PPSA) and the SA Human Rights Commission (SAHRC) salaries.

The three Reports were adopted without amendments.

The Correctional Services Amendment Bill was introduced to Parliament on 2 June 2023. It seeks to amend the Correctional Services Act 111 of 1998 to align it with the Constitution and the Sonke Judgement, to provide for an adequate level of independence to the Judicial Inspectorate for Correctional Services (JICS), and other related matters. In its report, the Committee indicated that whilst it supported the Bill as introduced, the Ministry of Justice was urged to introduce the related Judicial Inspectorate for Correctional Services Bill. 

On PPSA and SAHRC salaries, the matters were referred to the Committee on 18 August 2023. The Independent Commission had recommended a 3.8% salary increment for all categories of public office bearers for the financial year 2022/23, including office-bearers of the independent constitutional institutions. On 8 August 2023, the President informed the House that he had considered the Independent Commission’s recommendations and the serious economic challenges facing the country and intends to determine a 3% salary increment for all members of the independent constitutional institutions with effect from 1 April 2022, subject to the National Assembly’s approval. The Committee recommended that the National Assembly resolve to approve the salary increments.

Meeting report

Committee Report on Public Protector SA salaries 

The Committee considered and adopted the draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries and allowances are payable to the Public Protector and Deputy Public Protector annually.

The matter was referred to the Committee on 18 August 2023. The Independent Commission had recommended a 3.8% salary increment for all categories of public office bearers for the financial year 2022/23, including office-bearers of the independent constitutional institutions.

On 8 August 2023, the President informed the House that he had considered the Independent Commission’s recommendations and the serious economic challenges facing the country and intends to determine a 3% salary increment for all members of the independent constitutional institutions with effect from 1 April 2022, subject to the National Assembly’s approval.

The Committee adopted the Report and recommended that the National Assembly resolve to approve the draft notice and schedule.

Read: ATC230906: Report of the Portfolio Committee on Justice and Correctional Services on the Draft Notice and Schedule, Determining the Rate, with effect from 1 April 2022, at which Salaries and Allowances Are Payable to the Public Protector And Deputy Public Protector Annually, for approval by Parliament In terms of Section 2(2)(A) and 2a(5)(A) of the Public Protector Act, 1994 (Act No 23 Of 1994), Dated 6 September 2023

[PMG missed the discussion]

Committee Report on SA Human Rights Commission salaries

The Committee considered and adopted the draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries and allowances are payable to the Commissioners of the South African Human Rights Commission annually.

The matter was referred to the Committee on 18 August 2023. The Independent Commission had recommended a 3.8% salary increment for all categories of public office bearers for the financial year 2022/23, including office-bearers of the independent constitutional institutions.

On 8 August 2023, the President informed the House that he had considered the Independent Commission’s recommendations and the serious economic challenges facing the country and intends to determine a 3% salary increment for all members of the independent constitutional institutions with effect from 1 April 2022, subject to the National Assembly’s approval.

The Committee adopted the Report and recommended that the National Assembly resolve to approve the draft notice and schedule.

Read: ATC230906: Report of the Portfolio Committee on Justice and Correctional Services on the Draft Notice and Schedule Determining the Rate, with effect From 1 April 2022, at which Salaries and Allowances are Payable to the Commissioners of the South African Human Rights Commission Annually, for approval by Parliament In terms of Section 9(1) of the South African Human Rights Commission Act, 2013 (Act No 40 of 2013), Dated 6 September 2023

[PMG missed the discussion]

Committee Report on the Correctional Services Amendment Bill

The Chairperson outlined that the Correctional Services Amendment Bill was introduced to Parliament on 2 June 2023. The Bill seeks to amend the Correctional Services Act 111 of 1998 to align it with the Constitution and the Sonke Judgement, to provide for an adequate level of independence to the Judicial Inspectorate for Correctional Services (JICS), and other related matters.   

The Committee was briefed by the Department of Correctional Services on its contents on 05 September. In response to a call for public comment, the Committee received written and oral submissions from the following organisations: Southern African Catholic Bishops’ Conference; African Policing Civilian Oversight Forum; Detention Justice Forum, and South African Prisoners Organisation for Human Rights (SAPOHR).

The Department responded to submissions on 30 August and the Committee deliberated on 5 September. Whilst the Committee supports the Bill as introduced, it urged the Ministry to introduce the related Judicial Inspectorate for Correctional Services Bill. This Bill would deal with the functioning of JICS.

The Chairperson put the Report on the Correctional Services Amendment Bill up for adoption.

Ms A Ramolobeng (ANC) moved for the adoption.

Dr W Newhoudt-Druchen (ANC) seconded.

Mr W Horn (DA) said the DA had no objections but reserved its position on the report.

The Report was adopted without amendments.

Read:
ATC230906: Report of the Portfolio Committee on Justice and Correctional Services on the Correctional Services Amendment Bill [B14 – 2023], dated 06 September 2023

Closing remarks

The Chairperson thanked everyone in attendance and indicated the Committee will meet with the Department of Justice on Friday for a briefing on the Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill and the National Prosecuting Authority Amendment Bill.

The meeting was adjourned.

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