ATC200622: Report of the Portfolio Committee on Justice and Correctional Services on the Notices determining the remuneration of the Public Protector and Commissioners of the South African Human Rights with effect from 1 April 2019, dated 19 June 2020

NCOP Economic and Business Development

Report of the Portfolio Committee on Justice and Correctional Services on the Notices determining the remuneration of the Public Protector and Commissioners of the South African Human Rights with effect from 1 April 2019, dated 19 June 2020
 

1. In a letter to the Speaker, dated 26 March 2020, the President requested the National Assembly to consider Noticesdetermining the salaries and allowances payable to office bearers of independent constitutional institutions with effect from 1 April 2019.

 

1. On 8 April 2020, the matter was referred to the Committee for it to consider the proposed determination of the salaries and allowances payable to the Commissioners of the South African Human Rights Commission, and to the Public Protector.

 

1. Section 219 (5) of the Constitution of the Republic of South Africa, 1996, provides that national legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor -General, and members of any commission provided for in the Constitution, including the broadcasting authority referred to section 192.The Determination of Remuneration of Office Bearers on Independent Constitutional Institutions Laws Amendment Act 22 of 2014, which came into operation on 1 April 2019, creates the necessary framework to determine the salaries of office bearers of the Chapter 9 institutions.Among others, the Act amends the Public Protector Act 23 of 1994 and South African Human Rights Commission Act 40 of 2013 to provide a process to determine the salaries of the office bearers of these constitutional institutions.

 

1. Specifically, section 2(2) of the Public Protector Act, 1994, read with section 17 of the Determination of Remuneration of Office Bearers on Independent Constitutional Institutions Laws Amendment Act, 2014, provides that the Public Protector is entitled to such salary, allowance and benefits as determined by the President, from time to time, by Notice in the Gazette, after taking into account the recommendations of the Independent Commission.

 

1. Section 2(3) of the Public Protector Act, 1994, requires that the National Assembly resolve to approve the Notice,whether in whole or in part; or disapprove the determination, before publication.

 

1. Section 9(1)of the South African Human Rights Commission Act, 2013, read with section 17 of the Determination of Remuneration of Office Bearers on Independent Constitutional Institutions Laws Amendment Act, 2014, provides similarly with respect to the salaries, allowance and benefits of the full and part-time Commissioners of the South African Human Rights Commission.

 

1. Section 9(5) of theSouth African Human Rights Commission Act, 2013, requires the President to submit the Notice to the National Assembly for approval, whether whole or in part, or disapproval, before publication.

 

1. The Independent Commission gazetted its recommendations on 13 February 2020 (GG No. 43019, 13 February 2020), having consulted with the institutions concerned and the relevant Minsters to better understand the remuneration of office bearers in the various independent constitutional institutions, as well as related concerns and challenges.Pending a major salary review, the Independent Commission recommended that the office bearers be treated in line with other public office bearers receiving:

• A 3% adjustment to the remuneration of all categories of public office bearers earning above R1 500 000.
• 4% for all categories earning below R1 500 000.

 

1. Having taken into account the serious economic challenges that the country faces and the constrained fiscal environment, the President, however, has proposed:

• A salary-freeze for office-bearers earning R1.5 million and above.
• A 2.8% adjustment for office-bearers earning between R1 million and R1.5 million.
• A 4.5% adjustment for office-bearers earning below R1 million.

 

1. Concerning the proposed commencement date, namely 1 April 2019, the Committee is of the view that the proposed date does not comply with section 2(B) of the Public Protector Act, 1994, and section 9(4) of the South African Human Rights Commission Act, 2013, as already more than a year has passed without the Notices having been published in the Gazette. The Committee, therefore, proposes that before the Notices are published, the proposed commencement date of 1 April 2019 is amended to 1 July 2019 in order to comply with the provisions mentioned.

 

Recommendation

 

1. The Committee recommends that the National Assembly resolve to approve the Noticesdetermining the remuneration of the Public Protector and Commissionersof the South African Human Rights with the condition that the President amends the commencement date before publication of the Notices in the Gazette to 1 July 2019.

 

Report to be considered