ATC230906: Report of the Portfolio Committee on Justice and Correctional Services on the Draft Notice and Schedule, Determining the Rate, with effect from 1 April 2022, at which Salaries and Allowances Are Payable to the Public Protector And Deputy Public Protector Annually, for approval by Parliament In terms of Section 2(2)(A) and 2a(5)(A) of the Public Protector Act, 1994 (Act No 23 Of 1994), Dated 6 September 2023

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the Draft Notice and Schedule, Determining the Rate, with effect from 1 April 2022, at which Salaries and Allowances Are Payable to the Public Protector And Deputy Public Protector Annually, for approval by Parliament In terms of Section 2(2)(A) and 2a(5)(A) of the Public Protector Act, 1994 (Act No 23 Of 1994), Dated 6 September 2023.

 

The Portfolio Committee on Justice and Correctional Services, having considered the draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries and allowances are payable to the Public Protector and Deputy Public Protector annually, for approval by Parliament in terms of section 2(2)(a) and 2A(5)(a) of the Public Protector Act, 1994 (Act No 23 of 1994), reports as follows:

 

1. The matter was referred to the Committee on 18 August 2023 to consider and report on the President’s proposed determination of the salaries and allowances of the Public Protector and Deputy Public Protector with effect from 1 April 2022.
    
2. 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.
    
3. 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 to provide a process to determine the salaries of the office bearers of these constitutional institutions.
    
4. 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.
    
5. 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.
    
6. The Independent Commission recommended a 3.8% salary increment for all categories of public office bearers for the financial year 2022/23, including office-bearers of the independent constitutional institutions.
    
7. In a letter, dated 8 August 2023, the President informed the House that he has considered the Independent Commission’s recommendations and the serious economic challenges facing the country and intends to determine a 3% salary increment for all members of the independent constitutional institutions with effect from 1 April 2022, subject to the National Assembly’s approval.

 

Recommendation

 

       8. The Committee recommends that the National Assembly resolve to approve the draft notice and schedule determining the rate, with effect from 1 April 2022, at which salaries and allowances are payable to the Public Protector and Deputy Public Protector annually, for approval by Parliament in terms of section 2(2)(a) and 2A(5)(a) of the Public Protector Act, 1994 (Act No 23 of 1994).

 

Report to be considered