ATC220906: Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the Draft Notice on the Determination of Remuneration of Independent Constitutional Institutions, dated 6 September 2022

Women, Youth and Persons with Disabilities

Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on the Draft Notice on the Determination of Remuneration of Independent Constitutional Institutions, dated 6 September 2022  

 

The Portfolio Committee on Women, Youth and Persons with Disabilities Affairs, having considered the draft notice of the President’s determination of the salaries and allowances of members of various institutions, including the Commission for Gender Equality (CGE), reports as follows:

 

  1. BACKGROUND

 

  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 Commission for Gender Equality 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 24 August 2022, the matter was referred to the Committee for consideration and report as per the ATC No. 124 of 2022.
  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 Commission for Gender Equality 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 8 (1) of the Commission for Gender Equality Act 39 of 1996 provides that the full time and part-time members of the Commission on Gender Equality are entitled to an annual salaries and such allowances or benefits as determined by the President from time to time by notice in the Gazette and approved by the National Assembly. 
  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 President reports that he has taken into consideration the economic challenges the country is experiencing, as well as the current fiscal constraints and thus intended to make the determination on the matter, with effect from 01 April 2021, as follows:

 

  • Chairperson: R1 184 207
  • Deputy Chairperson: R1 013 687
  • Commissioners: R943 293
  • Part-time members: R3 743 per day

 

  1. COMMITTEE CONSIDERATION

 

The Portfolio Committee on Women, Youth and Persons with Disabilities considered, supported and approved the intended Determination by the President of the Republic, in relation to the members of the Commission for Gender Equality given the fiscal constraints. As such, the Committee recommends that the National Assembly approve the notice determining the remuneration of the Commissioners of the Commission for Gender Equality.

 

Report to be considered.