ATC220825: Report of the Portfolio Committee on Home Affairs on the draft notice determining the remuneration of Commissioners of the Electoral Commission of South Africa (IEC) for 2021/22, dated 23 August 2022

Home Affairs

Report of the Portfolio Committee on Home Affairs on the draft notice determining the remuneration of Commissioners of the Electoral Commission of South Africa (IEC) for 2021/22, dated 23 August 2022.

 

The Portfolio Committee on Home Affairs, having considered the draft notice of the President’s determination of the salaries and allowances of members of various institutions, including Commissioners of the Electoral Commission of South Africa (IEC), reports as follows:

 

1. A letter, dated  10 June 2022, was received from the President of the Republic, requesting the National Assembly to consider the draft notice of determination of the salaries and allowances of members of various institutions, including the Commissioners of the Electoral Commission (IEC) in terms of the Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No. 22 of 2014) for 2021/22, usually required by the end of the financial year.
2. On 13 June 2022, the matter was referred to the Committee for consideration and report.
3. 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 Electoral Commission referred to in section 192 of the Constitution.

4.  The Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Act, 2014 (Act No. 22 of 2014), which came into operation on 1 April 2019, creates the necessary framework to determine the salaries of office-bearers of Chapter 9 institutions mentioned in the Constitution.

5.  Section 7 (2) of the Electoral Act 73 of 1998 provides that the conditions of service, remuneration, allowances and other benefits of Commissioners shall from time to time be determined by the President after consultation with the Commission on Remuneration of Representatives established by section 2 of the Commission on the Remuneration of Representatives Act, 1994 (Act 37 of 1994), and a distinction may be made between commissioners appointed in a full-time and part-time capacity.

 6. The President received the annual salary recommendations for the Public Office-Bearers of the Independent Constitutional Institutions from the Independent Commission for the Remuneration of Public Office Bearers.

7. The Commission having considered, amongst others, the State's wage bill and the impact of Public Office Bearers' salary increment on the fiscus of the country recommended a 3% salary increment for all public office bearers for the financial year 2021/22.

8.  The one part-time IEC Commissioner is a Judge and as such is remunerated in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act 2001, (Act No 47 of 2001) at a daily or hourly sitting rate calculated on a basic salary of a judge of the high court. The Portfolio Committee on Justice and Constitutional Development on 7 June 2022 agreed to the President's recommendation of a 3% increase to the salaries of Constitutional Court judges and judges of other courts.

 

Recommendation.

The Committee, having deliberated, concur with the President’s determination on the remuneration adjustment of IEC Commissioners, that a retrospective salary increase of 3% be implemented for the Chairperson and other full-time Commissioners given their salary level for the 2021/22 financial year. This equates to a total remuneration of R2 498 817 for the Chairperson of the IEC and R2 175 568 for full-time Commissioners.

For the part-time Commissioner, salary increases will be as per that approved by the Portfolio Committee on Justice and Constitutional Development on 7 June 2022 on the President’s recommendation of a 3% increase to the salaries of Constitutional Court judges and judges of other courts.

The Committee recommends that the National Assembly approve the notice determining the remuneration of the Commissioners of the Electoral Commission of South Africa (IEC).

 

Report to be considered.