Report of the Portfolio Committee on Justice and Constitutional Development on the Determination of Remuneration of Members of Constitutional Institutions Laws Amendment Bill [B 31 - 2013], dated 4 March 2014

The Portfolio Committee on Justice and Constitutional Development, having considered the Determination of Remuneration of Members of Constitutional Institutions Laws Amendment Bill [B 31 - 2013], (National Assembly – proposed section 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments [B 31A - 2013].

The Committee further reports as follows:

· The Bill was introduced in the National Assembly with the following short title: ‘Determination of Remuneration of Members of Constitutional Institutions Laws Amendment Bill’. The Committee is of the view, however, that office-bearers such as the Auditor-General, the Public Protector and the Deputy Public Protector cannot be referred to as “members” of their institutions. The Committee, therefore, has revised the short title to reflect its view in this regard.

· The Committee agrees that the remuneration of office-bearers of other independent constitutional institutions, such as the Public Service Commission and the Financial and Fiscal Commission, should also be determined by the Independent Commission for the Remuneration of Public Office-bearers. However, the Committee did not make amendments to the Bill to achieve this as to do so would change the classification of the Bill from a section 75 to section 76 Bill and would have compromised the finalisation of the Bill at this late stage of the 4^th Parliament. The Department, however, assured the Committee that it would table the desired amendments in the new Parliament.

· The Committee also debated the role and purpose of the Independent Commission for the Remuneration of Public Office-bearers consulting with the relevant line Ministers on the salaries, allowances and benefits of office bearers of these constitutional institutions but decided to retain the present position. Bearing in mind the independence of these institutions, the Committee is of the view that there is a need for broader debate on this in future.

Report to be considered.