ATC220831: Report of the Portfolio Committee on Justice and Correctional Services on the draft notices determining the salaries and allowances of the Public Protector, Deputy Public Protector and commissioners of the South African Human Rights Commission with effect from 1 April 2021, dated 31 August 2022

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the draft notices determining the salaries and allowances of the Public Protector, Deputy Public Protector and commissioners of the South African Human Rights Commission with effect from 1 April 2021, dated 31 August 2022

 

  1. The matter was referred to the Committee on 24 August 2022 for it to consider and report on the President’s proposed determination of the salaries and allowances of the Public Protector, Deputy Public Protector and commissioners of the South African Human Rights Commission with effect from 1 April 2021.

 

  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.

 

  1. The Determination of Remuneration of Office Bearers on Independent Constitutional Institutions Laws Amendment Act 22 of 2014 creates the necessary framework to determine the salaries of office bearers of independent constitutional 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. 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 for the Remuneration of Public Office Bearers (Independent Commission). 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. Concerning the Deputy Public Protector, section 2A of the Public Protector Act, 1994, read with section 3 of the Determination of Remuneration of Office Bearers on Independent Constitutional Institutions Laws Amendment Act, 2014, provides that the Deputy Public Protector is entitled to such salary, allowances 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; and approved by the National Assembly. Section 2A(5C) 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 the South 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 recommended a 3% salary increment for all public office bearers for the financial year 2021/22, including office-bearers of the independent constitutional institutions.

 

  1. In a letter, dated 10 June 2022, the President informed the House that he has accepted the Independent Commission’s recommendation and intends to determine a 3% salary increment for all public office bearers of the independent constitutional institutions with effect from 1 April 2021, subject to the National Assembly’s approval.

 

Recommendation

 

  1. The Committee recommends that the National Assembly resolve to approve the draft notices determining the salaries and allowances of the Public Protector, Deputy Public Protector and commissioners of the South African Human Rights Commission with effect from 1 April 2021.

 

Report to be considered